05-08-2007-Regular Session
MINUTES
REGULAR SESSION
MAY 8, 2007
The Schertz City Council convened in Regular Session on Tuesday, May 8 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. Scagliolia, Reginna Agee, and
Tony Wilenchik. Absent: Councilmember Michael Carpenter. Also present were City
Manager Don Taylor, Assistant City Managers John Bierschwale and David Harris, City
Secretary Judy Tokar, City Attorney Michael Spain and George Antunna, Economic
Development Director.
#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 PROCLAMATIONS: Law Enforcement Appreciation Week and National
Drinking Water Week.
Mayor Baldwin read the proclamation for "Law Enforcement Appreciation Week" and
presented it to Assistant Chief Beverly Todd.
Mayor Baldwin read the proclamation for "National Drinking Water Week" and
presented it to Public Works representatives Cindy Raleigh and Dennis Little.
#4 PRESENT A TION of an award to the Schertz Fire Department for American
Cancer Society's "Relay for Life" Top Fundraiser.
Mayor Baldwin, Assistant City Manager Bierschwale, and Councilmember Wilenchik
presented the top fundraiser trophy to Fire Chief Friesenhahn and the Fire Department.
The Fire Department raised $22,000.00 for "Relay for Life".
#5 HEARING OF RESIDENTS.
Frances Rushin~, Chamber of Commerce President, announced the following events;
Meet the Candidate forum - May 9th, monthly mixer - May 10th, monthly Chamber
luncheon - May 25th, and ribbon cutting on May 30th.
Mayor Baldwin moved agenda item #10 next on the agenda.
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#10 Presentation and possible action on the 50th Anniversary Committee
proposed events.
Dean Weirtz, 4301 Monument Passage, said he was a member of the 50th Anniversary
Committee, and is proposing a resolution to Council, requesting for a partnership in the
adoption of a sister city program with the City of Riedesheim in France. After brief
discussion, Councilmember Wilenchik made a motion, seconded by Mayor Pro Tern
Fowler, to authorize the 50th Anniversary Committee to go forward and explore the
possibility of establishing a sister city relationship with the aforementioned city. The
motion carried 4 to 0 and the vote was as follows:
A YES: Councilmembers Fowler, Scagliola, Agee, and Wilenchik.
NA YES: None.
Mayor Baldwin opened the public hearing at 6:45 p.m.
#() PUBLIC HEARINGS:
A) Hold a public hearing upon a request to zone 5.13+ acres from Pre-
Development District (PD) to Office and Professional District (OP). 3.68+
acres is out of the Rafael Garza Survey, Abstract No. 138, and 1.45+ acres is
out of the 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. Applicant: Todd Burek. (c.
Gabbard)
Mayor Baldwin opened the Public Hearing.
Chris Gabbard, Planner I, reported on the number of letters received from surrounding
property owners and added that the Planning and Zoning Commission voted unanimously
to recommend approval of the zoning change of Pre-development District (PD) to Office
and Professional (OP). Mr. Burek, applicant, presented generic renderings of proposed
office professional design and entertained questions.
No public comment was taken.
B) Discussion and action on fIrst reading of an Ordinance amending the UnifIed
Development Code (UDC) Ordinance 96-8-28 by rezoning 3.68+ acres is out of
the Rafael Garza Survey, Abstract No. 138, and 1.45+ acres are out of the James
W. Gray Survey, Abstract No. 144, Guadalupe County, Schertz, Texas from Pre-
Development (PD) to Office and Professional (OP); providing an effective date;
and providing a repealing clause. (C. Gabbard)
Mayor Pro Tern Fowler inquired about the development of a park behind the proposed
Office and Professional tract. Mr. Burek indicated the developer is willing to cooperate
with development within the area.
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Councilmember Wilenchik made a motion, seconded by Mayor Pro Tern Fowler, to
approve fIrst reading of an Ordinance amending the UnifIed Development Code by
rezoning 3.68~ acres is out of the Rafael Garza Survey, Abstract No. 138, and 1.45~
acres is out of the James W. Gray Survey, Abstract No. 144, Guadalupe County, Schertz,
Texas from Pre-Development District (PD) to Office and Professional District (OP);
providing an effective date; and providing a repealing clause. The motion carried 4-0 and
the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Agee, and Wilenchik.
NA YES: None.
C) Hold a public hearing upon a request to zone 5.534+ acres from Pre-Development
(PD) to General Business (GB). The tract is situated out of the Calvin P. Abbott
Survey No. 262, Abstract No. 18, Comal County, Schertz, Texas. The property is
located approximately 951 feet east of the intersection of FM 2252 on FM 482.
Applicant: Travis Payne, Travis Payne Family Partnership, Ltd.
Leonard Truitt, Director of Community Services, reported on the number of letters sent
and received from the surrounding property owners as well as publication dates for the
public hearing. He added that the Planning and Zoning Commission voted unanimously
to recommend approval of the rezoning.
Mr. Spain, City Attorney, explained that due to an error in the agenda wording (posting
regarding zoning designation), and to prevent re-starting the process, he suggests
recessing the public hearing until the next meeting. Mr. Don McCrary, and any other
citizens, will be allowed to make any comments on the matter.
Mr. Don McCrary, McCrary & Associates said the property was annexed into the City
some time ago. The proposed property use is for anticipating changes and upgrades to the
current facilities, which is the reason for the request.
Councilmember Wilenchik made a motion, seconded by Councilmember Agee to recess
the Public Hearing until May 15, 2007, showing the correct zoning designation on the
agenda. The motion carried 4-0 and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Agee, and Wilenchik.
NA YES: None.
D) Discussion and action on fIrst reading of an Ordinance amending the Unified
Development Code (UDC) Ordinance 96-S-28 by rezoning 5.534+ acres out of
Calvin B. Abbott Survey No. 262, Abstract No. 18, in Comal County, Schertz,
Texas from Pre-Development District (PD) to Manufacturing District-Light (M-
1); providing an effective date; and providing a repealing clause. (M. Nichols)
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Mr. Spain said the Ordinance was properly worded and Council could take action on fIrst
reading if Council so wishes.
Councilmember Agee made a motion, seconded by Councilmember Wilenchik, to
approve fIrst reading of Ordinance amending the Unified Development Code (UDC)
Ordinance 96-S-28 by rezoning 5.534+ acres out of Calvin B. Abbott Survey No. 262,
Abstract No. 18, in Comal County, Schertz, Texas from Pre-Development District (PD)
to Manufacturing District-Light (M-l); providing an effective date; and providing a
repealing clause. The motion carried 4-0 and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Agee, and Wilenchik.
NA YES: None.
E) Hold a public hearing upon a request to rezone 5.403+ acres from Garden Home
Dwelling District (R-5) to General Business (GB). The tract is situated out of the
T. Herrera Survey No. L68, Abstract 153, Guadalupe County, Schertz, Texas.
The property is generally located at the northwest corner of Schertz Parkway and
Live Oak Road. Applicant: Larry Aiken, Burkett Live Oak Ltd.
Mayor Baldwin advised that item 6E was pulled from the agenda.
F) 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 for a speculative
building is within the Air Installation Compatible Use Zone (AlCUZ). The .578+
acres tract is zoned General Business (GB). The tract is situated out of the
Genobera Malpaz Survey No. 67, Abstract No. 221, Guadalupe County, Schertz,
Texas. The property is located approximately 238 feet east of the intersection of
FM 1518 on Commercial Place.
Leonard Truitt, Director of Community Services gave background on the project and
added that the Planning and Zoning Commission unanimously voted to recommend
approval.
No public comments were taken.
Mayor Baldwin closed the Public Hearing at 7: 15 p.m.
G) Discussion and action on fIrst reading of an Ordinance amending the Unified
Development Code (UDC) Ordinance 96-S-28 by granting a specific use permit
for 0.578+ acres out of the Genobera Malpaz Survey No, 67, Abstract No. 221,
Guadalupe County, Schertz, Texas for Commercial Use in the Air Installation
Compatible Use Zone (AlCUZ), (APZ-l); providing an effective date; and
providing a repealing clause. (M. Nichols)
Councilmember Wilenchik made a motion, seconded by Councilmember Agee to
approve fIrst reading of an Ordinance amending the Unified Development Code (UDC)
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Ordinance 96-S-28 by granting a specific use permit for 0.578+ acres out of the Genobera
Malpaz Survey No, 67, Abstract No. 221, Guadalupe County, Schertz, Texas for
Commercial Use in the Air Installation Compatible Use Zone (AlCUZ), (APZ-l);
providing an effective date; and providing a repealing clause. The motion carried 4-0 and
the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Agee, and Wilenchik.
NA YES: None.
DISCUSSION ITEMS:
#7 Discussion on fmal reading of an Ordinance providing for certain land transfers,
including the release of certain land from the Extraterritorial Jurisdiction of the
City of Schertz to the Extraterritorial Jurisdiction of the City of New Braunfels,
Texas, and the acceptance of certain land from New Braunfels into the
Extraterritorial Jurisdiction of the City of Schertz, and related matters. (M. Spain).
No changes were reported and Council is ready to take action at next week's meeting.
#8 Discussion and action on an amendment to the City of Schertz Personnel Manual
Bereavement Policy. (D.Dykes)
Donna Dykes, Director of Humane Resources gave an explanation of the current City
bereavement policy and the proposed changes that would expand the definition of family
for the purpose of Bereavement Leave.
Discussion followed regarding the addition of half-brother/sister and brother/sister-in
law, other city policies, no accrued sick or vacation leave, and clarification on how leave
gets charged.
Following discussion, Councilmember Wilenchik made a motion, seconded by
Councilmember Agee to postpone the bereavement policy until next week in order to
clarify the defInition of family and how leave would be charged. The motion carried 4-0
and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Agee, and Wilenchik.
NA YES: None.
ACTION ITEMS:
#9 RESOLUTION: Discussion and action on a Resolution designating a
representative to act on behalf of the city in all matters relating to the Texas
Building and Procurement Commission's Purchasing Program and other matters
in connection therewith.
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RESOLUTION NO. 07-R-18
A Resolution by the City Council of the City of Schertz, Texas (The "City")
Designating a Representative to act on behalf of the City in all matters relating
to the Texas Building and Procurement Commission's Purchasing Program
and other matters in connection therewith.
Councilmember Agee made a motion, seconded by Mayor Pro Tern Fowler to approve a
Resolution designating a representative to act on behalf of the City in all matters relating
to the Texas Building and Procurement Commission's Purchasing Program and other
matters in connection therewith. The motion carried 4-0 and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Agee, and Wilenchik.
NA YES: None.
#11 Action to approve Regular Session minutes of April 3, 2007 and April 10, 2007.
Councilmember Wilenchik made a motion, seconded by Councilmember Agee to
approve the minutes of Regular Sessions April 3, 2007 and April 10, 2007. The motion
carried 4-0 and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Agee, and Wilenchik.
NA YES: None.
#12 EXECUTIVE SESSION: Called under Chapter 551 Texas Government Code,
Sub-section 551.087 regarding Economic Development negotiations.
An Executive Session was held from 7:35 to 7:55 p. m.
#13 Action, if any, on the subject ofthe above Executive Session.
No action was necessary.
#16 Items by City Manager Taylor and Staff
General Announcements
· There were no comments from City Manager or Staff
#17 Items by Council
General Announcements
Mayor Pro Tem Fowler
· Reported having spoken with Mr. Karmen, Kramer Farms, regarding the
enforcement of ordinances throughout the City. He would like to possibly place
the issue for discussion at a future meeting.
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Councilmember Scagliola
· Referenced newspaper article in the Seguin Gazette/Enterprise regarding Seguin
annexation. He believes the City of Schertz should step up smartly to put
together an annexation plan.
· Brought up issues regarding Kramer Farms concerns such as flooding issues and
speed humps.
Councilmember Agee
· Had no comments.
Councilmember Wilenchik
· Reported that Doggie Dash is a week away. So far, $6,000 has been raised in
sponsorship money and 70 people have pre-registered.
· Attended and reported on Commissioner's Court meeting on such items as the
expansion of the County Hospital in Seguin and the hospital being the last City,
County hospital left in Texas. The hospital had 99,000 out patients last year and
5,000 admissions.
· Asked that a discussion item be placed on agenda regarding the possibility of
drafting a Resolution for Commissioner's Court concerning the building of a
clinic tin the SchertzlCibolo area.
Councilmember Carpenter
· Not present.
#18 Items by Mayor
· Asked the City Secretary to prepare a packet for Mr. John Trayhan for next
meeting.
#19 ADJOURNMENT
The meeting was adjourned at 9:05 p.m.
C::d~
Hal BalQ'win, Mayor
ATTEST:
7Y7~ ~~
Judy tokar, Ciry Secretary V
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