03-06-2007-Regular
MINUTES
REGULAR SESSION
MARCH 6, 2007
The Schertz City Council convened in Regular Session on Tuesday March 6, 2007 at
7:00 p.m. in the Municipal Complex Council Chambers, 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. Other staff present included Director of Planning,
Leonard Truitt, Police Chief Steve Starr and Economic Development Staffer Steven
White.
#1 CALL TO ORDER.
Mayor Baldwin called the meeting to order at 7:00 p.m.
#2 PLEDGES OF ALLEGIANCE TO THE UNITED STATES AND STATE
OF TEXAS
Both pledges were recited.
#3 PRESENTATION: Quarterly Progress Report from SCUC ISD. (Terry Hinze)
Mr. Gary Inmon, Schertz Cibolo Universal City ISD trustee, updated the Council on the
$2 million bond for the district's proposed new and renovated schools to be completed in
2008. Mr. Inmon said, because of the state mandate, next year's maintenance and
operation rate is going down to $1.04.
#4 INTRODUCTION: Promoted EMS employees.
Dudley Wait, Director of EMS introduced Michael Cosentino, Raymond Arredondo and
Matt Trocoso as new management supervisors.
#5 HEARING OF RESIDENTS.
Frances Rushin!!. Chamber President announced the following Chamber events: grand
openings of United Title and Capitol One, and monthly mixer and the monthly Chamber
meeting.
Steven Lavton. 12231 Lost Meadows, spoke against the TxDOT's extension ofFM 3009.
Michael Dahle. 9120 FM 1518, spoke opposing the extension ofFM 3009.
Regular Session 3-6-07
125
Kathv Busch-Rol!:ers. 309 Maske Road, said she was withdrawing her opposition to the
rezoning of property on Maske Road.
Barbara Busch. 309 Maske Road, said she was also withdrawing her opposition to the
rezoning of property on Maske Road.
Mark Penshorn. 2501 FM 3009, said he was opposed to the FM 3009 extension.
Robert Brockman. 1000 Elbel, said the County may have on the May 12th ballot an item
to unfreeze taxes for citizens over 65 year of age. He asked if the architect for the library
was aware of the proposed extension of Westchester Drive.
Ed Azzoz. 528 Wayward Pass, said he wanted to know if the pest control company that
shot off explosives to get rid of the grackles at the HEB Shopping Center was required to
obtain an permit. Mr. Azzoz felt it created an unsafe situation for businesses to use
explosives to get rid of the birds.
Evelvn BOl!:l!:ess. 2440 Betty Joe Lane, had a question about the lot sizes and asked if
there would be a homeowners association for the development on Maske Road.
Joel Tanner. 11830 Lost Meadows, commented on the route selection for the TXDOT
extension ofFM 3009 and FM 1103 and did not agree with the study's results.
Mayor Baldwin opened the public hearings at 7:40 p.m.
#6 PUBLIC HEARINGS:
A) Hold a Public Hearing, consider and act upon a request to rezone 20.66+
acres from Single-Family Dwelling District (R-2) to Two-Family
Dwelling District (R-3). The tract is situated out of the Toribio Herrera
Survey No. 68, Abstract No. 153, Guadalupe County, Schertz, Texas. The
property is located approximately one-half mile east from the intersection
of FM 1518 on Maske Road. Owner/Applicant: Peter & Pam Velasco,
Landtex Development Company. (M. Nichols)
Ms. Nichols, Planner II said the Planning and Zoning Commission voted unanimously
and recommends approval by Council. The proposed use for the property is for two-
family residential dwelling district.
Grant Gaines with Earl & Associates gave a presentation explaining the 28 acres is
currently zoned R-2, a portion of the property is in the AICUZ. Since Randolph Air
Force Base is closing on-base housing, this development could provide a need for quality,
high-end, multi-family houses. Some of the features of the development will be a
mandated homeowners association, 9,000 square foot lots, and adjacent soccer fields. The
unit price is approximately $130,000.00 to $140,000.00.
~
Regular Session 3-6-07
126
Councilmember Wilenchik asked Council to consider when making their decision that
flight training school is only for a year, and if the development is targeted specifically for
that market, there may be high number of vacancies. It would be difficult for the
homeowners association to function cohesively with constant board member turnover.
Mr. Gaines clarified that the development was not solely targeting the military but there
is a need for this type of housing for the area.
An ordinance to rezone 20.66+ acres from Single-Family Dwelling District (R-2) to Two-
Family Dwelling District (R-3), out of the T. Herrera Survey No. 68, Abstract 153,
Guadalupe County, Schertz, Texas; providing an effective date; and providing a repealing
clause.
Mr. Spain pointed out in the ordinance, Section I it should read "Rezone from R-2 to R-
3" instead of the words "Grant a Specific Use Permit".
Councilmember Carpenter made a motion, seconded by Mayor Pro Tern Fowler, to
approve the frrst reading of an ordinance amending the Unified Development Code
(UDC) Ordinance 96-S-28 by zoning 20.66+ acres from Single-Family Dwelling District
(R-2) to Two-Family Dwelling District (R-3). The tract is situated out of the Toribio
Herrera Survey No. 68, Abstract No. 153, Guadalupe County, Schertz, Texas; providing
an effective date; and providing a repealing clause. The motion failed 2 to 3 and the vote
was:
AYES: Councilmembers Fowler, Carpenter
NAY: Councilmembers Agee, Scagliola, and Wilenchik
B) Hold a Public Hearing, consider and act upon a Specific Use Permit for
Single Family Dwelling units located in the Air Installation Compatible
Use Zone (AICUZ). The 6.06+ acres tract is zoned Single-Family
Dwelling District (R-2). The tract is situated out of the Toribio Herrera
Survey No. 68, Abstract No. 153, Guadalupe County, Schertz, Texas. The
property is located approximately one-half mile east from the intersection
of FM1518 on Maske Road. Owner/Applicant: Peter & Pam Velasco,
Landtex Development Company. (M. Nichols)
Misty Nichols, Planner II said the use of the property is zoned for single-family
residential in the AICUZ district; the lots exceed the minimum requirement of the R-2
zomng.
An ordinance by the City Council of the City of Schertz amending the Unified
Development Code (UDC) Ordinance 96-S-28 by granting a Specific Use Permit for
6.06+ acres out of the Toribio Herrera Survey No. 68, Abstract No. 153, Guadalupe
County, Texas, for Single-Family Use in the Air Installation Compatible Use Zone
(AICUZ), (APZ-2); providing an effective date; and providing a repealing clause.
Regular Session 3-6-07
127
Councilmember Wilenchik made a motion, seconded by Councilmember Carpenter, to
approve the frrst reading of an ordinance by.the City Council of the City of Schertz
amending the Unified Development Code (UDC) Ordinance 96-S-28 by granting a
Specific Use Permit for 6.06+ acres out of the Toribio Herrera Survey No. 68, Abstract
No. 153, Guadalupe County, Texas, for Single-Family Use in the Air Installation
Compatible Use Zone (AICUZ), (APZ-2); providing an effective date; and providing a
repealing clause. The motion carried 5 to 0 and the vote was:
AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik, and Carpenter
NAY: None
#7 Approve minutes - Regular session of February 20,2007.
Councilmember Wilenchik said the motion for the EMS write-offs did not include the
total amount. An item on next week's agenda will include the additional write-off
amount.
Councilmember Carpenter said under his comments for Council, strike what was printed.
Councilmember Carpenter made a motion, seconded by Councilmember Scagliola, to
approve the regular session minutes of February 20, 2007 as corrected. The motion
carried 5 to 0 and the vote was:
AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik, and Carpenter
NAY: None
#17 Discussion on the TxDOT route study extension of FM 3009 and FM 1103 to
IH 10. (D. Scagliola)
Councilmembet Scagliola said that the route study conducted by TxDOT does not meet
the mobility and safety needs. The public does not support the alignment of the route and
does not want the City to expense funds toward this project.
There was a consensus of the Council that, to purchase right of way for a project that may
not come to futurity, was not a good investment of public money. Mr. Spain, City
Attorney was asked to prepare a resolution to be sent to TxDOT stating the City's
opposition to the project.
#8
ORDINANCE: Discussion and action on the final reading of an ordinance
by the City Council of the City of Schertz, Texas amending the Unified
Development Code (UDC) Ordinance 96-S-28 by rezoning 127.25, 68.21:!:,
and 14.25:!: acres out of the Toribio Herrera SUlVey No. 68, Abstract No. 153,
Guadalupe and Comal County, Texas from Manufacture District-Light (M-
1) and General Business (GB) to Planned Unit Development District (PUD);
~
Regular Session 3-6-07
128
'Iii
providing an effective date; and providing a repealing clause. (The Mid-
Cities) (M. Nichols)
Ordinance 07-S-14 (A)
An ordinance by the City Council of the City of Schertz, Texas amending the
Unified Development Code (UDC) Ordinance 96-S-28 by rezoning 127.25, 68.21:!:,
and 14.25:!: acres out of the Toribio Herrera SUlVey No. 68, Abstract No. 153,
Guadalupe and Comal County, Texas from Manufacture District-Light (M-l) and
General Business (GB) to Planned Unit Development District (PUD); providing an
effective date; and providing a repealing clause.
Councilmember Carpenter made a motion, seconded by Councilmember Agee, to
approve the final reading of an ordinance by the City Council of the City of Schertz,
Texas amending the Unified Development Code (UDC) Ordinance 96-S-28 by rezoning
127.25, 68.21!, and 14.25i. acres out of the Toribio Herrera Survey No. 68, Abstract No.
153, Guadalupe and Comal County, Texas from Manufacture District-Light (M-I) and
General Business (GB) to Planned Unit Development District (PUD); providing an
effective date; and providing a repealing clause. The motion carried 5 to 0 and the vote
was:
AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik, and Carpenter
NAY: None
#9 Discussion and action on deleting the Planning III position and creating a
Planning Manager position. (D. Harris)
Mr. Harris, Assistant City Manager, said Mr. Truitt, Director of Development Services,
recommend that the Planner III position (SG28) be deleted and in its place create a
Planning Manager position (SG38). By creating this new position and hiring the
appropriate person, it will free up the Director of Development Services to manage the
major construction projects.
Councilmember Carpenter made a motion, seconded by Councilmember Wilenchik, to
approve deleting the Planning III position and creating a Planning Manager position. The
motion was carried 5 to 0 and the vote was:
AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik, and Carpenter
NAY: None
#10 Discussion and action on amending the Personnel Handbook regarding
Military Leave Policy. (D. Dykes)
Councilmember Wilenchik made a motion, seconded by Councilmember Scagliola, to
approve amending the Personnel Handbook regarding Military Leave Policy. The motion
carried 5 to 0 and the vote was:
Regular Session 3-6-07
129
AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik, and Carpenter
NAY: None
#11 RESOLUTION: Discussion and action to approve a resolution by the City
Council of the City of Schertz authorizing a selVice agreement with
American Traffic Solutions, Inc. (M. Spain)
Resolution 07-R-ll
A resolution by the City Council of the City of Schertz authorizing a selVice
agreement with American Traffic Solutions, Inc.
Councilmember Carpenter made a motion, seconded by Councilmember Wilenchik, to
approve a resolution by the City Council of the City of Schertz authorizing a service
agreement with American Traffic Solutions, Inc. The vote carried 5 to 0 and the vote
was:
AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik, and Carpenter
NAY: None
#12 RESOLUTION: Discussion and action on an agreement with the City of
Cibolo for health inspections. (L. Truitt)
Council decided to table.
#13 Discussion and action to ratify the purchase of real estate.
Councilmember Wilenchik made a motion, seconded by Councilmember Carpenter, to
ratify the purchase of the library property not to exceed $1,023,000.00. The motion
carried 5 to 0 and the vote was:
AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik, and Carpenter
NAY: None
#14 Discussion and action on appointing temporary replacements to the Planning
and Zoning Commission. (L. Truitt)
Councilmember Wilenchik made a motion, seconded by Councilmember Carpenter, to
appoint Clovis Haddock to fill the position due to the death of Commissioner Keith Van
Dine. Mr. Haddock will serve in a temporary capability until a replacement is appointed.
That positions term expires in 2008.
#15 Discussion and action on city marquee policy. (T. Wilenchik)
"
Regular Session 3-6-07
130
Mr. Michael Dahle who rented the Civic Center for his company requested that part of
the rental fee allow the event to be advertised on the marquee. Staff was requested to
prepare a policy on the rental fees that includes advertising on the marquee.
#16 Discussion on changes to the city employee suggestion/comment program. (D.
Scagliola)
Councilmember Scagliola expressed that there needs to be a program for city employees
to voice their concerns anonymously. He wanted all employees to be heard and rewarded
if they had a cost saving idea.
Mr. Taylor responded that there is a program in place where employees, not supervisors,
meet with him on a regular basis to discuss any concerns that they may have.
#18 EXECUTIVE SESSION: Called under Chapter 551 Texas Government Code,
Sub-Section 551.071 regarding Pending and Threatening Litigation; Sub-section
551.072 regarding purchase, exchange, or lease of Real Property; and Sub-section
551.074 regarding Personnel Matters.
#19 Action, if any on the subjects of the above Executive Session.
No action was taken on the above Executive Session.
#20 Items City Manager Taylor and Staff
No Comment.
#21 Items by Council
Mayor Pro-tem Fowler
· Attended a Texas Leadership Institute workshop on Tax Increment
Financing and Municipal Utility Districts. He found it to be very
interesting and learned a lot from the workshop.
· Announced Guadalupe County Election Office was having a meeting
about how to get the vote out on Thursday, March 8th.
Councilmember Scagliola
· There is a vacant position on Transportation Safety Advisory Commission.
He asked to advertise on the city website.
· He received an email regarding a runner on Maske Road who feared being
hit by cars. It was recommended the email be forwarded to the Police
Chief and to TSAC for review.
Councilmember Agee
No Comment
Regular Session 3-6-07
131
Councilmember Wilenchik
· Attended Commissioners Court and he was told the Lowe's in Seguin was cancelled.
· Reported James Garcia was reappointed to Bexar Metro 9-1-1 Board.
· The State of Texas will have a constitutional amendment on the May 12th ballot.
· Stated the Guadalupe Commissioner Court is opposing state unfunded mandates.
· Recommends the City require quarterly compliance tax abatement reports as is the
practice in Guadalupe County.
Councilmember Carpenter
No Comment
Michael Spain, City Attorney, said the Attorney General's Office issued an opinion based
on a bill filed requesting County Clerks to remove all Social Security numbers from
public documents.
#22 Items by Mayor
Mayor Baldwin said that one of the Texas Municipal League issues they are looking at is
the school tax rate and the Governor's plan to fund school districts and drop their tax rate.
This causes other entities (i.e. City and County) to contribute a larger portion to the
Appraisal District budget.
Mayor Baldwin said the next Historical Committee is meeting March 8th in the Bob
Andrews Conference Room. Everyone is invited.
#23 ADJOURNMENT
The meeting adjourned at 10:25 p.m.
v~
Mayor Hal Baldwin
Attest:
~Iokt,c=
----
Regular Session 3-6-07
132
-~