03-20-07 Regular Session
MINUTES
REGULAR SESSION
MARCH 20, 2007
The Schertz City Council convened in Regular Session on Tuesday March 20, 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 presents included 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 INTRODUCTION OF EMPLOYEES: Police and Public Works
Departments
Chief Starr introduced the following new employees: Officer Jonathan Atwood, Officer
Joshua Castillo, Officer Elizabeth Hajek, Records Clerk Maureen Izuno, Officer Chris
Martinez and Officer Daniel Trevino.
Sam Willoughby, Director of Public Works introduced the following new employees:
Street Workers I - Ron Sand and Marshall Cosby and Servicemen I - Joseph Vigil, Paul
Wagner and Jerad Moheit.
#4 HEARING OF RESIDENTS.
Frances Rushing, Chamber President announced ribbon cuttings, the monthly mixer, and
the monthly Chamber meeting. She invited everyone to the "Meet the Candidates"
forum on April 4th from 6pm to 8pm at the Schertz Community Center. Ms. Rushing
personally thanked Councilmember Wilenchik for his time as a volunteer at the Chamber.
Mayor Baldwin announced several people had signed up to speak about the status of the
Judge but felt it was premature at this time because no decision has been made about the
Municipal Court or the Municipal Judge.
Kacy Kaiser spoke on her support of the Teen Court, and the experience and knowledge
she gained from Judge Padgett.
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Michael Marquez, 716 Maple Drive, said the Teen Court teaches responsibilities and
professionalism and he is a better person because of it.
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Sean Fluegge, 2560 Cove Trail, said he appreciates the success of the Teen Court and
encouraged the Council to continue the Court.
Trenton Hulsev. 11425 Ware Seguin Road, praised Judge Padgett for helping him be a
better citizen. He asked Council to think seriously about using a part-time Judge in Teen
Court.
Doug Claus, 2623 Cove Trail, appreciated Judge Padgett allowing him to settle his
violation in Teen Court or it would have had serious financial consequences for him.
Michael Whitson, 2463 Woodbridge Way, appreciated the opportunity through the Teen
Court for being assigned community service instead of paying the fme.
Rex Jack Hulsey, 11425 Ware-Seguin, asked that the Council set aside the economics but
considerate other factors that may not be addressed in the Court audit. He may not
understand budgets but the benefit from the Teen Court is evident from the students
experience and knowledge of the judicial system and law enforcement.
Brenda Hester was here to support the young folks and asked the Council to considerate
the students that came here in support of the Teen Court.
Mayor Baldwin explained the Municipal Court is being evaluated to see its effectiveness
and wanted to reassure the students that the Council will do the right thing for them and
Judge Padgett. The Council knows the value of the Teen Court and how it has benefited
the community. Mayor Baldwin asked that they let the review process of the Court take
its course and not to allow rumors to upset them.
Mayor Baldwin opened the public hearing at 7:34 p.m.
#5 PUBLIC HEARING:
Hold a public hearing upon a request to zone 22.669+ acres tract of land from
Single-Family Residential-5 (R-5) to Single-Family Residential-7 (R-7). The
tract is situated out of the T. Herrera Survey No 68, Abstract No. 53, Guadalupe
County, Schertz, Texas. The property is generally located at the intersection of
Schertz Parkway and Live Oak Road. Applicant: Larry Aiken (M. Nichols)
Ms. Nichols, Planner II, said the Planning and Zoning Commission voted
unanimously to recommend to the Council the zoning change from R-5 to R-7,
decreasing the density of the homes.
No public comment.
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Mayor Baldwin closed the public hearing at 7:36 p.rn.
ORDINANCE: Discussion and action on first reading of an ordinance amending
the Unified Development Code (UDC) Ordinance 96-S-28 by rezoning 22.669+
acres out of the T. Herrera Survey No. 68, Abstract No. IS3 in Guadalupe
County, Schertz, Texas from Single-Family Residential-S (R-S) to Single-Family
Residential-7 (R-7); providing an effective date; and providing a repealing clause.
Councilmember Wilenchik made a motion, seconded by Councilmember
Carpenter, to approve the first reading of an ordinance amending the Unified
Development Code (UDC) Ordinance 96-S-28 by rezoning 22.669+ acres out of
the T. Herrera Survey No. 68, Abstract No. 153 in Guadalupe County, Schertz,
Texas from Single-Family Residential-S (R-S) to Single-Family Residential-7 (R-
7); 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
ACTION ITEMS:
#6 ORDINANCE: Discussion and action on final reading of an ordinance
amending the Unified Development Code (UDC) Ordinance 96-S-28 by
granting a Specific Use Permit for 6.06+ acres out of the Torribia Herrera
Survey No. 68, Abstract No. 153, Guadalupe County, Schertz, Texas for
Single-Family Use in the Air Installation Compatible Use Zone (AICUZ),
(APZ-2); providing an effective date; and providing a repealing clause.
(Located at the intersection of FM1518 on Maske Road. (M. Nichols)
Ordinance 7-S-16
Final reading of an ordinance amending the Unified Development Code (UDC)
Ordinance 96-S-28 by granting a Specific Use Permit for 6.06+ acres out of the
Torribio Herrera Survey No. 68, Abstract No. 153, Guadalupe County, Schertz,
Texas for Single-Family Use in the Air Installation Compatible Use Zone (AICUZ),
(APZ-2); providing an effective date; and providing a repealing clause.
Councilmember Wilenchik made a motion, seconded by Councilmember Carpenter, to
approve the fmal reading of an ordinance amending the Unified Development Code
(UDC) Ordinance 96-S-28 by granting a Specific Use Permit for 6.06+ acres out of the
Torribio Herrera Survey No. 68, Abstract No. 153, Guadalupe County, Schertz, Texas for
Single-Family Use in the Air Installation Compatible Use Zone (AlCUZ), (APZ-2);
providing an effective date; and providing a repealing clause. The motion carried 5 to 0
and the vote was:
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AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik, and Carpenter
NAY: None
#7 CONSENT AGENDA:
A) Approve minutes of February 13, 2007 Workshop Session
Ordinance 07-F-17
B) ORDINANCE: Discussion and action on an ordinance to amend by
revising Chapter 90, Water, Wastewater Disposal, Exhibit 4, Water Rates
established; providing a repealing clause; and providing an effective date;
and declaring an emergency. (S. Willoughby)
Councilmember Wilenchik made a motion, seconded by Councilmember Carpenter, to
approve consent agenda items 7 A&B. The motion carried 5 to 0 and the vote was:
AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik, and Carpenter
NAY: None
#8 Discussion and possible action on an agreement with Cibolo Creek Water
Alliance. (M. Spain)
Mr. Taylor explained the water alliance would provide a temporary water supply for the
participants of the alliance.
Mr. Spain said the seven-party agreement was aimed at putting into place alternate water
supply system and facilities. The agreement is designed to do three things within one
agreement. Mr. Spain recommended a modification to this agreement be made dividing
the one agreement into three separate agreements.
Councilmember Carpenter made a motion, seconded by Councilmember Wilenchik, to
approve amending the agreements as recommended by the City Attorney into three
separate agreements. The motion carried 5 to 0 and the vote was:
AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik, and Carpenter
NAY: None
DISCUSSION ITEMS:
#9 Discussion on qualifying to become a Texas Historical Commission Certified
Local Government. (Mayor Baldwin)
Mayor Baldwin said since the City has established the Historical/Preservation
Committee, the committee needs to know what type of guidelines should be followed.
By becoming a Certified Local Government with the Texas Historical Commission, it
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requires restrictive zoning ordinances to protect the historic properties. The committee
identified approximately 25 properties that could benefit from such a program. The
Certified Local Government status allows access to apply for grant funds. Mayor
Baldwin said he would gather all the information necessary to complete the application
and then get Council's approval before submittal.
Mayor Baldwin recessed the meeting at 8: 1 0 p.m. to go into executive session.
#10 EXECUTIVE SESSION: Called under Chapter 551 Texas Government Code,
Sub-section 551.072 regarding purchase, exchange, or lease of Real Property; and
Sub-section 551.074 regarding Personnel Matters. Deliberation on the
appointment, employment, evaluation, reassignment, duties, discipline, or
dismissal of the Municipal Court Judge.
The meeting reconvened at 9:30 p.rn.
#11 Action, ifany, on the subjects of the above Executive Session.
Councilmember Carpenter made a motion, seconded by Councilmember Wilenchik, to
approve a resolution by the City of Schertz authorizing an option to purchase agreement
with the U.S. Postal Service and matters in connection therewith. The motion carried 5 to
o and the vote was:
AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik, and Carpenter
NAY: None
Mayor Baldwin stated the Council had received an audit report on the Municipal Court.
There was no action to be taken at this time. The Mayor stated this report should remain
confidential until the Council has had an opportunity to review it.
#12 Items City Manager Taylor and Staff
David Harris, Assistant City Manager, reminded Council that on March 21 st the architects
for the library are holding a community forum in the Council Chambers at 6:00 p.m. to
receive public input.
#13 Items by Council
Mayor Pro- Tem Fowler
· He attended the Parks & Recreation meeting and their activities are to be
reported to the Council very soon.
Councilmember Scagliola
No Comment
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Councilmember Agee
No comment
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Councilmember Wilenchik
· He attended the Schertz Chamber of Commerce meeting. They are developing
a business directory for distribution and include the City's welcome packet.
Councilmember Carpenter
· Asked Council if there was any interest in reconsidering the decision made to
change the zoning on a parcel of land. He said the denial of the change from
R-2 to R-3 would increase density.
· He recommended that the City seal be used properly on documents if it
cannot, not to use the seal at all.
#14 Items by Mayor
Mayor Baldwin read a letter from Sue Basham, Guadalupe County Election
Administrator, thanking the Council to allowing her to speak regarding voting at a
recent meeting.
#15 ADJOURNMENT
The meeting adjourned at 9:40 p.m.
Hal Baldwin, Mayor
ATTEST:
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