02-27-2007-Regular
MINUTES
REGULAR SESSION
FEBRUARY 27, 2007
The City of Schertz City Council convened in Regular Session on Tuesday February 27,
2007 in the Municipal Complex Council Chambers at 7:00 p.m., 1400 Schertz Parkway
Building # 4 Schertz, Texas. The following members were present: Mayor Hal Baldwin
presiding, Mayor Pro Tern Jim Fowler, Councilmembers David L. Scagliolia, Reginna
Agee, Tony Wilenchik and Michael Carpenter. Also present were City Manager Don
Taylor, Assistant City Managers John Bierschwale and David Harris, City Secretary Judy
Tokar and City Attorney Michael Spain.
#1 CALL TO ORDER.
Mayor Baldwin called the meeting to order at 7:00 p.m.
#2 PLEDGE OF ALLEGIANCE TO THE UNITED STATES AND STATE OF
TEXAS
Both pledges were recited.
#3 HEARING OF RESIDENTS.
Carl Dou!!las. 2550 Woodland Village, spoke on the agenda item regarding the
discussion of the sign ordinance. Mr. Douglas said that he understood that ordinances
need periodic review but reminded Council the sign ordinance was in committee for over
a year and approved in June 2006. He urged Council to use extreme caution regarding
off-premise signs; he said we don't want to look like our neighboring cities.
Michael Dahle, 9120 E FM 1518, asked if it would be feasible to include in the Civic
Center rental fee the use of the marquee to advertise the event. His company had rented
the Civic Center several times and he was told there was not a policy on the use of the
marquee.
Frances Rushin!!. Chamber President, announced the ribbon cutting and grand opening of
United Title on March tho
Robert Brockman. 1000 Elbel Road, commented on the speed of the messages on the new
marquee. Mr. Taylor responded it had been slowed down.
#4 ORDINANCE: Discussion and action on the final reading of an ordinance by
the City Council of the City of Schertz amending the Unified Development
Code (UDC) Ordinance 96-S-28 by rezoning 3.00+ acres out of the T.
Herrera Survey No. 68, Abstract No. 153, in Guadalupe County, Schertz,
Regular Session 2-27-07
119
Texas from Single-Family Residential District-2 (R-2) to Public Use District
(PUB); providing an effective date; and providing a repealing clause. (M.
Nichols)
Mayor Baldwin introduced an ordinance and read the following caption:
Ordinance No. 07-8-11
An ordinance by the City Council of the City of Schertz amending the Unified
Development Code (UDC) Ordinance 96-S-28 by rezoning 3.00+ acres out of the T.
Herrera Survey No. 68, Abstract No. 153, in Guadalupe County, Schertz, Texas from
Single-Family Residential District-2 (R-2) to Public Use District (PUB); providing an
effective date; and providing a repealing clause.
Councilmember Wilenchik made a motion, seconded by Councilmember Agee to
approve the fmal reading of an ordinance by the City Council of the City of Schertz
amending the Unified Development Code (UDC) Ordinance 96-S-28 by rezoning 3.00+
acres out of the T. Herrera Survey No. 68, Abstract No. 153, in Guadalupe County,
Schertz, Texas from Single-Family Residential District-2 (R-2) to Public Use District
(PUB); providing an effective date; and providing a repealing clause. The motion carried
5 to 0 and the vote was:
A YES: Councilmembers Fowler, Scagliola, Agee, Wilenchik, and Carpenter
NAY: None
#5 ORDINANCE: Discussion and action on the final reading of an ordinance by
the City Council of the City of Schertz amending the Unified Development
Code (UDC) Ordinance 96-8-28 by rezoning 0.475+ acres out of the James
Gray Survey No. 225, Abstract No. 144, in Guadalupe County, Schertz,
Texas from Pre-Development District (PD) to Public Use District (PUB);
providing an effective date; and providing a repealing clause. (M. Nichols)
Mayor Baldwin introduced an ordinance and read the following caption:
Ordinance No. 07-S-12
An ordinance by the City Council of the City of Schertz amending the Unified
Development Code (UDC) Ordinance 96-S-28 by rezoning 0.475+ acres out of the James
Gray Survey No. 225, Abstract No. 144, in Guadalupe County, Schertz, Texas from Pre-
Development District (PD) to Public Use District (PUB); providing an effective date; and
providing a repealing clause.
Councilmember Carpenter made a motion, seconded by Mayor Pro Tern Fowler to
approve the final reading of an ordinance by the City Council of the City of Schertz
amending the Unified Development Code (UDC) Ordinance 96-S-28 by rezoning 0.475+
acres out of the James Gray Survey No. 225, Abstract No. 144, in Guadalupe County,
Regular Session 2-27-07
120
Schertz, Texas from Pre-Development District (PD) to Public Use District (PUB);
providing an effective date; and providing a repealing clause. The motion carried 5 to 0
and the vote was:
AYES: Council members Fowler, Scagliola, Agee, Wilenchik, and Carpenter
NAY: None
#6 ORDINANCE: Discussion and action on the final reading of an ordinance by
the City Council of the City of Schertz amending the Unified Development
Code (UDC) Ordinance 96-S-28 by rezoning 89.298+ acres out of the Rafael
Garza Survey Number 98, Abstract 175, in Comal County, Schertz, Texas
from General Business District (GB) and Pre-Development (PD) to General
Business District - 2; providing an effective date; and providing a repealing
clause. (c. Gabbard)
Mayor Baldwin introduced an ordinance and read the following caption:
Ordinance No. 07-S-13
An ordinance by the City Council of the City of Schertz amending the Unified
Development Code (UDC) Ordinance 96-S-28 by rezoning 89.298+ acres out of the
Rafael Garza Survey Number 98, Abstract 175, in Comal County, Schertz, Texas from
General Business District (GB) and Pre-Development (PD) to General Business District-
2; providing an effective date; and providing a repealing clause.
Mayor Pro Tern Fowler made a motion, seconded by Councilmember Carpenter to
approve the final reading of an ordinance by the City Council of the City of Schertz
amending the Unified Development Code (UDC) Ordinance 96-S-28 by rezoning
89.298+ acres out of the Rafael Garza Survey Number 98, Abstract 175, in Comal
County, Schertz, Texas from General Business District (GB) and Pre-Development (PD)
to General Business District - 2; providing an effective date; and providing a repealing
clause. The motion carried 5 to 0 and the vote was:
AYES: Council members Fowler, Scagliola, Agee, Wilenchik, and Carpenter
NAY: None
#7 CONSENT AGENDA:
Mayor Baldwin introduced the ordinances and minutes and read the following captions:
A) Approve minutes of Joint Workshop Session of January 30,2007 and
Regular Session of February 6,2007.
Regular Session 2-27-07
121
Ordinance 07-D-14
B) ORDINANCE: Discussion and action on fmal reading of an ordinance
by the City Council of the City of Schertz that Code of Ordinances of the
City of Schertz, Texas be amended by revising Chapter 86, Section 86-41,
Stop Intersections-Designated; and providing a repealing clause and
providing an effective date. (Circle Oak & Spanish Oak)
Ordinance 07-D-15
C) ORDINANCE: Discussion and action on final reading an ordinance by
the City Council of the City of Schertz providing that the Code of
Ordinances of the City of Schertz, Texas be amended by revising Chapter
86, Traffic and Motor Vehicles, Section 86-118, Maximum Li~its in
School Zones; and Section 86-115, Maximum Limits Generally; and
providing an effective date; and providing a repealing clause. (Replace
Ashley Oak Drive with Ashley Park)
Councilmember Carpenter made a motion, seconded by Councilmember Wilenchik to
approve the Consent Agenda items 7 A, 7B, and 7C. The motion carried 5 to 0 and the
vote was:
AYES: Council members Fowler, Scagliola, Agee, Wilenchik, and Carpenter
NAY: None
#8 Discussion and action on bid award for the Elevated Tank at the Live Oak
Pump Station and Links or Scenic Hills. (Sam Willoughby)
Councilmember Wilenchik made a motion, seconded by Councilmember Agee to
approve the bid for the Southwest Quadrant Tank ($2,190,000.00) and Northeast
Quadrant Tank ($1,671,000.00) to Chicago Bridge and Iron Contractors, Inc. in the
amount of$3,861,000.00. The motion carried 5 to 0 and the vote was:
AYES: Council members Fowler, Scagliola, Agee, Wilenchik, and Carpenter
NAY: None
#9 Discussion on the sign ordinance.
Councilmember Wilenchik asked this to be on the agenda for discussion. He had been
contacted by several businesses with the same basic problem, if their business was not
located on FM 78, FM 3009 or FM 1518 there was a disadvantage due to lack of off-
premise advertising for the business. He was looking for a way to accommodate our
businesses but without making other streets look like Pat Booker Road.
Regular Session 2-27-07
122
David Richmond, Planning and Zoning Commission Chairman, said the sign ordinance is
efficient, effective, and enforceable and has served the City well. He added until there is
some compelling argument to make changes for a revision, the ordinance is effective.
No further discussion was decided.
#10 Items by City Manager Taylor and Staff
Mr. Taylor, City Manager, is coordinating a joint meeting with the City of Cibolo to
discuss various issues. There is a tour of the Schertz Seguin Local Government
Corporation water wells scheduled on February 28th.
#11 Items by Council
General Announcements
Mayor Pro-tem Fowler
· Attended the Parks and Recreation meeting, he was impressed with the
groups accomplishment of the park master plan.
Councilmember Scagliola
· Highly recommended the 9/11 Display at the Civic Center.
· Requested for future discussion agenda items on how to improve or
implement an employee suggestion program and TX DOT's route study
for FM 3009 extension.
Councilmember Agee
No comment.
Councilmember Wilenchik
· Requested an Investment Advisory Committee meeting.
· Reminded everyone to please RSVP for the TML Region 7 Spring Dinner
meeting on March 22, 2007
Councilmember Carpenter
· Advised Buffalo Valley Youth Association President they report to the
Parks & Recreation Advisory Board instead of the Council.
· Requested status of the resolved Schertz Economic Development
Foundation funds. Mr. Taylor said the funds have been designated for
undetermined projects and events in the future events.
Regular Session 2-27-07
123
#12 Items by Mayor
· Announced the first meeting of the Schertz Historical Committee was
February 16, 2007. Everyone on the committee is very interested in
preserving the history of the City. The next meeting is March 8, 2007.
· Suggested the Council continue using the same format to approve and
discuss the ordinances and still give the public the opportunity to comment
before fmal approval.
#13 ADJOURNMENT
The meeting adjourned at 8:20 p.m.
ATTEST:
l~~
Regular Session 2-27-07
124