04-03-2007-Regular
MINUTES
REGULAR SESSION
April 3, 2007
The Schertz City Council convened in Regular Session on Tuesday, April 3, 2007 at 6:30
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. Scagliola, 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 included George Antuna, Executive
Director Economic Development, and Steven White Economic Development staffer.
#1 CALL TO ORDER.
Mayor Baldwin called the meeting to order at 6:30 p.m.
#2 PLEDGES OF ALLEGIANCE TO THE UNITED STATES AND STATE
OF TEXAS.
Both pledges were recited.
#3 INTRODUCTION OF NEW EMPLOYEES: Inspection Department
Debbie Perrone, Administrative Assistant, introduced Lesa Woods, the new Inspection
Clerk.
#4 PROCLAMATION: "Child Abuse Prevention Month".
Mayor Baldwin read the proclamation for "Child Abuse Prevention Month".
Councilmember Agee accepted the proclamation for the Guadalupe County Children's
Advocacy Center.
Mayor Pro Tern Fowler read a proclamation to honor Hal and Barbara Baldwin on their
50th Anniversary and proclaimed April 6, 2007 as "Hal and Barbara Baldwin Day".
Mayor Baldwin thanked everyone for the support all these years as resident of the City.
He wouldn't want to be anywhere else but in Schertz.
#5 HEARING OF RESIDENTS.
Frances Rushing, Chamber President, announced the "Meet the Candidates" forum,
monthly mixer and monthly luncheon. The program for the Chamber monthly luncheon
is "Salute to the Military". Ms. Rushing invited everyone to attend this special monthly
luncheon.
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Carl Douglas. 2550 Woodland Village, congratulated the city leaders on being pro-active
and resolving problems economically. Mr. Douglas said the Library Advisory Board saw
the preliminary drawings for the library at their last meeting and he requested a briefmg
from Council about his concerns on the placement of the facility, future expansion, and
traffic and safety issues.
David Richmond, 2921 Bent Tree Drive, said recent heavy rains are causing continual
drainage problems in the Green Shire Subdivision green belt. He asked the City for any
assistance to correcting the problems.
Mayor Baldwin opened the public hearing at 6:50 p.m.
#6 PUBLIC HEARINGS:
A) Hold a public hearing upon a request to zone 5.13+acres from Pre-
Development District (PD) to Neighborhood Services (NS), 3.68+ acres is
out of the Rafael Garza Survey, Abstract No. 138, and 1.45+ acres is out
of James W. Gray Survey, Abstract No. 144, Guadalupe county, Schertz,
Texas. The property is generally located at the southwest corner of Portage
Lane and Country Club Boulevard. Owner/Applicant: Todd Burek
Mr. Taylor, City Manager said Items 6 A&B were requested to be pulled from the
public hearing.
B) Hold a public hearing upon a request to zone 37.029+ acres from Pre-
Development District (PD) to General Business (GB). The tract is situated
out of the Toribio Herrera Survey No. 68, Guadalupe County, Schertz,
Texas. The property is generally located at the southeast corner of FM
1518 and Maske Road. Owners: Malford and wife Rosemarie
Ackermann, Nelda L. Harborth, Hugo W. Ackermann, Jr. and Howard A.
Ackermann.
C) Hold a public hearing upon a request for Specific Use Permit of Block 2,
Lot 26, in the Windy Meadows Subdivision. The proposed commercial
lot is within the Air Installation Compatible Use Zone (AICUZ). The
1.00+ acre tract is zoned General Business (GB). The tract is located
approximately 392 feet east of the intersection of FM 1418 on Windy
Meadow Drive. Owner/Applicant: Warren Dale Elam, Elam Industries.
Chris Gabbard, Planner I, said the Planning and Zoning Commission voted
unanimously to approve. The request is for a spec builder in the AICUZ. Ms.
Gabbard said there was an error in the ordinance and will be corrected before the
fmal reading.
Earl Hartzog, 3700 Whitefield Square, spoke in favor ofthe request.
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D) ORDINANCE: Discussion and action on a fIrst reading of an ordinance
amending the Unified Development Code (UDC) Ordinance 96-S-28 by
granting a Specific Use Permit for 1.00+ acres out of the Toribio Herrera
Survey Abstract No. 153, Guadalupe County, Schertz, Texas for
Commercial Use in the Air Installation Compatible Use Zone (AICUZ),
(APZ-l); providing an effective date; and providing a repealing clause.
Councilmember Carpenter made a motion, seconded by Councilmember Agee, to
approve first reading of an ordinance amending the Unified Development Code
(UDC) Ordinance 96-S-28 by granting a Specific Use Permit for 1.00+ acres out
of the Toribio Herrera Survey Abstract No. 153, Guadalupe County, Schertz,
Texas for Commercial Use in the Air Installation Compatible Use Zone (AICUZ),
(APZ-l); 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.
E) Hold a public hearing upon a request for Specific Use Permit of Block 1,
Lot 28, in the Schertz Business Park. The proposed commercial lot is
within the Air Installation Compatible Use Zone (AICUZ). The .578+
acre tract is zoned General Business (GB). The tract is situated out of the
Genobera Malpaz Survey No. 67 Abstract 221, Guadalupe County,
Schertz, Texas. The property is located approximately 238 feet east of the
intersection of FM 1518 on Commercial Place. Owner: Mike Biry.
Misty Nichols, Planner II, said the Planning and Zoning Commission
recommended disapproval of the specific use permit in the AICUZ because a
representative of the applicant was not present to answer questions.
F) ORDINANCE: Discussion and action on first reading of an ordinance for
Specific Use Permit of Block 1, Lot 28, in the Schertz Business Park. The
proposed commercial lot is within the Air Installation Compatible Use
Zone (AICUZ). The .578+ acre tract is zoned General Business (GB).
The tract is situated out of the Genobera Malpaz Survey No. 67 Abstract
221, Guadalupe County, Schertz, Texas.
Councilmember Carpenter made a motion, seconded by Councilmember
Scagliola, to disapprove fIrst reading of an ordinance for Specific Use Permit of
Block 1, Lot 28, in the Schertz Business Park. The proposed commercial lot is
within the Air Installation Compatible Use Zone (AICUZ). The .578+ acre tract
is zoned General Business (GB). The tract is situated out ofthe Genobera Malpaz
Survey No. 67 Abstract 221, Guadalupe County, Schertz, Texas. The motion
carried 3 to 2 and the vote was:
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AYES: Councilmembers Fowler, Scagliola, and Carpenter.
NAY: Councilmembers Agee, Wilenchik
#7 ORDINANCE: Discussion and action on final 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-5 (R-5)
to Single-Family Residential-7 (R-7); providing an effective date; and
providing a repealing clause.
Mayor Pro Tern Fowler made a motion, seconded by Councilmember Scagliola to
approve the fmal 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.
#8 ORDINANCE: Discussion and action on final reading of an ordinance by the
City Council of the City of Schertz, Texas declaring the unopposed candidate
for Place 3, Place 4 and Place 5 on Council as elected; providing that the May
12, 2007 General Municipal Election for City Councilmember Place 3, 4 and
5 shall not be held; repealing all ordinances or part of ordinances in
conflict therewith; providing a savings clause; providing a severability
clause; finding and determining that the meeting at which the ordinance
was passed was open to the public as required by law; and providing an
effective date.
Councilmember Scagliola made a motion, seconded by Mayor Pro Tern Fowler,
to approve the fmal reading of an ordinance by the City Council of the City of
Schertz, Texas declaring the unopposed candidate for Place 3, Place 4 and Place 5
on Council as elected; providing that the May 12, 2007 General Municipal
Election for City Councilmember Place 3, 4 and S shall not be held; repealing all
ordinances or part of ordinances in conflict therewith; providing a savings
clause; providing a severability clause; finding and determining that the
meeting at which the ordinance was passed was open to the public as required
by law; and providing an effective date. The motion carried 4-0-1 and the vote
was:
AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik.
NAY: None.
ABSTAIN: Councilmember Carpenter.
#9 Approve Regular Session minutes of March 6,2007 and March 13, 2007.
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154
-~
Councilmember Wilenchik requested the minutes of March 6 and March 13 be pulled for
corrected until the next meeting.
#10 Items by City Manager Taylor and Staff
General Announcements
None.
#11 Items by Council
General Announcements
Mayor Pro- Tm Fowler
· Congratulated Mayor and Mrs. Baldwin on their 50th wedding anniversary.
Councilmember Scagliola
· Said he was looking forward to the joint meeting with the City of Cibolo this
evenmg.
Councilmember Agee
· Had no comments.
Councilmember Wilenchik
· He had nothing to report on the Guadalupe County Commissioners Court.
. There were 300 runners registered for the Doggie Dash on May 19th.
Councilmember Carpenter
. Announced the first meeting of the 50th Anniversary Committee on Thursday.
· He requested an update from the staff on the bond projects.
· He requested an agenda item for presentation in two weeks from the architect on
the library project.
#12 Items by Mayor
· The opening ceremony for the Buffalo Valley Youth Association was held on
Saturday. Individual plaques were given to 5 of the 13 founding Board of
Directors of BVY A. Mayor Baldwin said the ball fields were fantastic and the
kids and coaches are very pleased with the complex.
#13 ADJOURNMENT
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Mayor Baldwin adjourned the meeting at 7:20 p.m.
ATTEST:
~~~
&dYTok~, City Secretary
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fial Baldwib, Mayor