06-12-2007-Regular
MINUTES
REGULAR SESSION
JUNE 12, 2007
The Schertz City Council convened in Regular Session on Tuesday, June 12,2007, 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, Tony Wilenchik and
Michael Carpenter. Absent was Councilmember Trayhan. Also present were City
Manager Don Taylor, Assistant City Managers John Bierschwale and David Harris,
Leonard Truitt, Development Services Director, Deputy City Secretary Mary Ybarra, and
City Attorney Michael Spain.
#1 CALL TO ORDER.
Mayor Baldwin called the meeting at 6:30 p.rn.
#2 PLEDGES OF ALLEGIANCE TO THE UNITED STATES AND STATE
OF TEXAS.
Both pledges were recited.
#3 INTRODUCTION OF EMPLOYEES: Inspection Department and Fire
Department.
Leonard Truitt, Development Services Director, announced that Shanna Bates, Health
Inspector, has recently completed the Health Sanitation Course and passed the exam.
Don Taylor, City Manager, introduced and read a short biography on the City of Schertz
newly hired Fire Chief, David Covington, who will start employment October 2, 2007.
#4 HEARING OF RESIDENTS.
Pat Ouinn. Knights of Columbus Representative, read a letter from Jerry Bortel, Knights
of Columbus President, relating to concerns to the extension of overlay restrictions from
Live Oak Road to FM 78. The following are some of those concerns: current footprint,
design features, impact to the Knights of Columbus facility, timing of notification,
median, safety issues, and loss of property.
Geo~e A. Gwaltnev, Masonic Lodge Representative, voiced basically the same
concerns as given by Mr. Quinn, however, gave more emphasizes to safety as a major
concern.
Carl Doue:las, 2550 Woodland Village, voiced concerns regarding the creation of an
interview committee consisting of Schertz Mayor and two Councilmembers. The
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presumption could be that the City has lost confidence in our Boards, Commissions and
Department Heads. The current process has been effective and efficient, and like the old
saying goes, "ifit isn't broke don't fix it". He asked that Council re-consider the matter.
Raloh Ho~, 660 Rooster Run, thanked the City on the quick response on two issues;
cutting grass around his home and assisting with traffic control in the area. He
appreciates all that the City does.
Charles Luther. Masonic Lodge Representative expressed concerns with the Schertz
Parkway overlay restrictions, and reiterated some of the same concerns as previously
discussed. He reminds Council that the Knights of Columbus and the Masonic Lodge
membership well exceed 600+ members, which carries significant voting power. It's his
belief that no matter what concerns have been conveyed in meetings with Planning and
Zoning, staff, and the City Manager, that a decision has been made on this matter. He
found that repugnant, and requested that the vote be a roll call vote so votes may be
tracked telling him how individuals voted.
Ed Hi~509 Schertz Parkway, reiterated concerns of safety along Schertz Parkway and
believes this extension is not needed.
#5 Quarterly Update from the Schertz Cibolo Universal City ISD. (Terry Hinze)
This item was pulled and will be placed on a future agenda.
#6 PUBLIC HEARING:
A) Hold a public hearing upon a request to amend the Unified Development Code
Article VII (Special Districts), Section 3.1 Schertz Parkway District-SPD
extending the limits of the overlay restrictions from Live Oak Road to FM 78 at a
depth of 500 feet. (Applicant: City of Schertz) (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 to
recommend approval to amend Article VII (Special Districts), Section 3.1 Schertz
Parkway District-SPD extending the limits of the overlay restrictions from Live Oak
Road to FM 78 at a depth of 500 feet.
The following are citizen comments:
Pat Ouinn. Knights of Columbus Representative, read a letter dated June 6, from Jerry
Bortel, Knights of Columbus President, stating concerns to the extension of overlay
restrictions, and reiterates that the Knights are opposed to the overlay district.
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There were other concerns voiced from citizens that ~ere opposed to the overlay, which
included the following:
1. Restrictions on setback
2. Safety
3. Property values, etc.
Mayor Baldwin closed the Public Hearing.
B) ORDINANCE: Discussion and action on first reading of an Ordinance
amending the Unified Development Code (UDC) Ordinance 96-S-28 by
amending Article VII (Special Districts), Section 3.1 (Schertz Parkway District
(SPD)); providing an effective date; and providing a repealing clause. (c.
Gabbard)
Councilmember Wilenchik made a motion, seconded by Councilmember Carpenter, to
oostoone first readin& of an Ordinance amending the Unified Development Code
(UDC) Ordinance 96-S-28 by amending Article VII (Special Districts), Section 3.1
(Schertz Parkway District (SPD), until further research by staff is provided. The motion
carried 4-0 and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Wilenchik and Carpenter.
NA YES: None.
C) Hold a public hearing upon a request for specific use permit for a
manufactured home to be used for a storage building in the Air Installation
Compatible Use Zone (AICUZ) Air Potential Zone-2 (APZ-2). The property is
generally situated one-half mile west of FM 1518 and is zoned
Residential/Agricultural (RA). (Applicant: Ruben Saldana). (M. Nichols)
Mayor Baldwin opened the Public Hearing.
Misty Nichols, Planner II, briefed Council on history relative to two manufactured homes
on one property, and the request for specific use permit. She reported on the number of
letters received from surrounding property owners and added that the Planning and
Zoning Commission voted to recommend disapproval. Mr. Saldana, property owner, is
present to answer any questions.
Mr. Saldana, property owner, gave an update on the manufactured home saga and stated
that it would become a [mancial burden, when assessing his options. If his request were
disapproved, he would like Council to consider temporary placement of the second
manufactured home on his property (9+ acres), allowing him the opportunity to sell the
second manufactured home.
Charles Padgett, 12120 Ware Seguin Road, read from the City's UDC regarding
residential/agriculture zoning and its requirements relative to allowed structures and
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restrictions, etc. He expressed concern regarding placement of structures that would be
considered offensive to neighboring properties.
John Bierschwale and Gail Douglas residents of the area are both opposed to the request
and had some of the same concerns are previously discussed.
Mayor Baldwin closed the public hearing.
D) ORDINANCE: Discussion and action on frrst reading of an Ordinance
amending the Unified Development Code (UDC) Ordinance 96-S-28 by granting
a Specific Use Permit for 9.493+ acres Bexar County, Schertz, Texas for a
manufactured home intended for storage in the Air Installation Compatible Use
Zone (AICUZ), (APZ-2); providing an effective date; and providing a repealing
clause. (M. Nichols)
Councilmember Scagliola made a motion, seconded by Councilmember Carpenter, to
denv the reouest for specific use permit for a manufactured home to be used for a
storage building in the Air Installation Compatible Use Zone (AICUZ) Air Potential
Zone-2 (APZ-2). The motion carried 4-0 and the vote was as follows:
A YES: Councilmembers Fowler, Scagliola, Wilenchik and Carpenter.
NA YES: None.
In a brief discussion it was Council consensus to place an item on the next agenda to
consider possibly granting temporary placement of a second manufactured home, and
give a specific time frame for removal.
E) Hold a public hearing upon a request to zone 195.42+ acres from Pre-
Development District (PD) and General Business District (GB) to General
Business District-2 (GB-2). The property is generally located at the east and west
site of FM 1518 from Maske Road to the intersection of FM 1518 and Oak Street.
(Applicant-City of Schertz) (M. Nichols)
Mayor Baldwin opened the Public Hearing.
Misty Nichols, Planner II, briefed Council on the zoning request, and reported on the
number of letters received from surrounding property owners and added that the Planning
and Zoning Commission voted to recommend approval.
There were no citizen comments, and Mayor Baldwin closed the Public Hearing.
F) ORDINANCE: Discussion and action on frrst reading of an Ordinance
amending the Unified Development Code (UDC) Ordinance 96-S-28 by rezoning
186.85+ acres in Guadalupe County, Schertz, Texas from Pre-Development
District (PD) and General Business District (GB) to General Business District-2
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(GB-2); providing an effective date; and providing a repealing clause. (M.
Nichols)
Councilmember Wilenchik made a motion, seconded by Councilmember Carpenter, to
approve frrst reading of an Ordinance amending the Unified Development Code (UDC)
Ordinance 96-S-28 by rezoning 186.85+ acres in Guadalupe County, Schertz, Texas from
Pre-Development District (PD) and General Business District (GB) to General Business
District-2 (GB-2). The motion carried 4-0 and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Wilenchik and Carpenter.
NA YES: None.
G) Hold a public hearing upon a request for a Master Parks Plan. (Applicant -
City of Schertz) (G. Douglas)
Mayor Baldwin opened the Public Hearing.
Gail Douglas, Community Services Director, briefed Council on ongoing work with Land
Design Partners to develop a parks master plan, which includes pedestrian walk ways, an
inventory of public/private parks, and other recommended development plans.
Ramon Cook informed Council he hadn't seen a copy of the plan and asked where was it
available. He was advised that the plan will be placed on the City's website, and will also
be available at the Library.
There were no other comments, and Mayor Baldwin closed the Public Hearing.
H) ORDINANCE: Discussion and action on first reading of an Ordinance by the
City Council of the City of Schertz authorizing adoption of the City of Schertz
Parks, Recreation, and Open Space Master Plan. (G. Douglas)
Councilmember Fowler made a motion, seconded by Councilmember Wilenchik, to
approve first reading of an Ordinance by the City Council of the City of Schertz
authorizing adoption of the City of Schertz Parks, Recreation, and Open Space Master
Plan. ). The motion carried 4-0 and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Wilenchik and Carpenter.
NA YES: None.
ACTION ITEMS:
#7 APPOINTMENT: Appoint David Scagliola as Mayor Pro-Tern, term to expire
December 2007.
Mayor Baldwin swore in Councilmember Scagliola as Mayor Pro-Tern.
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#8 APPROVAL: Approve minutes of Joint Session of April 3, 2007 and Regular
Session of May 8,2007.
Councilmember Wilenchik made a motion, seconded by Councilmember Carpenter, to
approve the minutes of Joint Session of April 3, 2007 and Regular Session of May 8,
2007. The motion carried 4-0 and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Wilenchik and Carpenter.
NA YES: None.
#9 APPEAL: Discussion and action on appeal for preliminary plat of the Blackburn
Subdivision. The 6.365+ acres tract is generally located at the southwest
intersection ofFM 3009 and Elbel Road. (L. Truitt)
Leonard Truitt, Development Services Director, provided a detailed account of the
preliminary plat application and the outcome of the vote by the Planning and Zoning
Commission, May 9, 2007. The Commission denied the request because of traffic
concerns. The Planning and Zoning Commission scheduled fmal plat approval for review
at their meeting of July 11, 2007.
Councilmember Wilenchik reminded Council that the issue before Council was discussed
at the joint meeting with the Planning and Zoning Commission, and it was determined
then that the decision made was inappropriate. With that said, Councilmember Wilenchik
made a motion, seconded by Mayor Pro-Tern Scagliola, to approve the appeal for
preliminary plat of the Blackburn Subdivision. The motion carried 4-0 and the vote was
as follows:
AYES: Councilmembers Fowler, Scagliola, Wilenchik and Carpenter.
NA YES: None.
#10 ORDINANCE: Discussion on fmal reading of an Ordinance by the City Council
of the City of Schertz approving a Tax Phase-In and Tax Phase-In Agreement by
the City Council for and with Corridor Hotel II, LTD., a property owner in the
City of Schertz. (G. Antuna)
There was no discussion, and Council is ready to consider fmal reading at their next
meeting.
#11 ORDINANCE: Discussion and action on fmal reading of an Ordinance amended
by revising Chapter 90, Section 90-148 Water, Wastewater and Waste Disposal,
Exhibit 10, Schedule of Current Capital Recovery Fees; providing an effective
date; and providing a repealing clause. (S. Willoughby)
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ORDINANCE NO. 07-F-27
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS PROVIDING THAT THE CODE ORDINANCES, OF
THE CITY OF SCHERTZ, TEXAS BE AMENDED REVISING CHAPTER
90, SECTION 90-148 WATER, WASTEWATER AND WASTE DISPOSAL,
EXHIBIT 10, SCHEDULE OF CURRENT CAPITAL RECOVERY FEES;
PROVIDING AN EFFECTIVE DATE; AND PROVIDING A REPEALING
CLAUSE. (S. WILLOUGHBY)
Councilmember Wilenchik made a motion, seconded by Councilmember Carpenter, to
approve final reading of an Ordinance amended by revising Chapter 90, Section 90-148
Water, Wastewater and Waste Disposal, Exhibit 10, Schedule of Current Capital
Recovery Fees; providing an effective date; and providing a repealing clause. The motion
carried 4-0 and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Wilenchik and Carpenter.
NA YES: None.
#12 ORDINANCE: Discussion and action on first reading of an Ordinance by the
City Council of the City of Schertz, Texas authorizing the exchange with an
abutting land owner of a strip of land for other property of such owner to be
dedicated to the City. (S. Willoughby)
Councilmember Carpenter made a motion, seconded by Councilmember Wilenchik, to
approve fIfst reading of an Ordinance by the City Council of the City of Schertz, Texas
authorizing the exchange with an abutting landowner of a strip of land for other property
of such owner to be dedicated to the City. The motion carried 4-0 and the vote was as
follows:
AYES: Councilmembers Fowler, Scagliola, Wilenchik and Carpenter.
NA YES: None.
#13 RESOLUTION: Discussion and action on a Resolution authorizing an agreement
for the use of the City of Live Oak EDACS Radio Communication System; and
other matters in connection therewith. (John Bierschwale)
John Bierschwale, Assistant City Manager, gave a detailed explanation of an agreement
with the City of Live Oak to utilize radio frequencies for police, fIfe and EMS dispatch.
He points out that the agreement will not include Cibolo, Marion or the Sheriffs
Department. The radios will encompass the City of Live Oak's regional radio system.
Councilmember Wilenchik made a motion, seconded by Councilmember Fowler, to
approve a Resolution authorizing an agreement for the use of the City of Live Oak
EDACS Radio Communication System; and other matters in connection therewith. The
motion carried 4-0 and the vote was as follows:
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AYES: Councilmembers Fowler, Scagliola, Wilenchik and Carpenter.
NA YES: None.
#14 RESOLUTION: Discussion and action on a Resolution by the City Council of
the City of Schertz, Texas authorizing a professional services agreement with
Terreno Services, Inc. and other matters in connection therewith. (D. Harris)
This item was pulled and will be placed on a future agenda.
#15 RESOLUTION: Discussion and action on a Resolution by the City of Schertz,
Texas authorizing a Roadway Agreement with the Howard Schaefer and Alice
Schaefer Estates and Susan Seekatz; and other matters in connection therewith.
(M. Spain)
This item was pulled and will be placed on a future agenda.
#16 RESOLUTION: Discussion and action on a Resolution by the City Council of
the City of Schertz, Texas authorizing and directing the holding of two public
hearings for the proposed voluntary annexation of two properties into the City of
Schertz, the publication of notices of those public hearings, preparation by the
Planning Department of service plans for the properties, and related matters. (M.
Spain).
Michael Spain, City Attorney, explained that the resolution would begin the voluntary
annexation process to annex two parcels. The fIfst parcel, 35.874 acres located at the NE
intersection of FM 1518, is for the proposed Junior High School, which comes at the
request of Schertz-Cibolo-Universal City ISD. The second request is for the proposed
Rolling Hills Ranch Subdivision, 194.56 acres located in the SE corner of Froboese Lane
and Eckhardt Road. There will be a series of public notices and public hearings that will
take the process to fmal action by July 31, 2007.
Councilmember Carpenter made a motion, seconded by Mayor Pro-Tern Scagliola, to
approve a Resolution by the City Council of the City of Schertz, Texas authorizing and
directing the holding of two public hearings for the proposed voluntary annexation of two
properties into the City of Schertz, the publication of notices of those public hearings,
preparation by the Planning Department of service plans for the properties, and related
matters. The motion carried 4-0 and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Wilenchik and Carpenter.
NA YES: None.
#17 RESOLUTION: Discussion and action on a Resolution by the City Council of
the City of Schertz, Texas authorizing an interlocal agreement with the City of
Cibolo relating to certain sanitary sewer facilities; and other matters in connection
therewith. (S. Willoughby)
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Sam Willoughby, Public Works Director, explained that the Resolution would authorize
an interlocal agreement with Cibolo for construction and operation of the Town Creek
sewer line. The City of Schertz would fund 70% and Cibolo would fund 30% of the
project. With completion of the sewer line, it would become the property of the City of
Schertz.
Councilmember Wilenchik made a motion, seconded by Councilmember Carpenter, to
approve a Resolution by the City Council of the City of Schertz, Texas authorizing an
interlocal agreement with the City of Cibolo relating to certain sanitary sewer facilities;
and other matters in connection therewith. The motion carried 4-0 and the vote was as
follows:
AYES: Councilmembers Fowler, Scagliola, Wilenchik and Carpenter.
NA YES: None.
#18 BID: Discussion and action on bid award for the Town Creek Sewer Project. (S.
Willoughby)
Sam Willoughby, Public Works Director, reported that bids were taken for the Town
Creek Sewer Project, and Public Works concurs with Ford Engineering, City Engineer,
and Cibolo's Engineer, Klein Engineering, Inc. recommendation to award bid to Joe
Bland Construction, L.P. for a portion of the Town Creek West Sanitary Sewer Extension
Project, approximately 2324 feet of24' sewer pipe in the amount of$233, 278.30.
Councilmember Carpenter made a motion, seconded by Mayor Pro-Tern Scagliola, to
approve awarding bid to Joe Bland Construction, L.P. for a portion of the Town Creek
West Sanitary Sewer Extension Project, approximately 2324 feet of24' sewer pipe in the
amount of$233, 278.30. The motion carried 4-0 and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Wilenchik and Carpenter.
NA YES: None.
#19 AGREEMENT: Discussion and action to terminate the agreement with
American Traffic Services regarding red light cameras. (M. Spain)
Michael Spain, City Attorney, said that due to State Legislature changing rules on
governing agreements for red light cameras the City should be terminate the agreement.
He believes the agreement was never signed so, in fact, the City would be withdrawing
from the project.
Mayor Pro-Tern Scagliola stated that he would like to see an amendment the agreement a
opposed to doing away with it all together. He believes it promotes safety, which is a
very important factor.
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Following a brief discussion, Mr. Spain stated that he would research other options to see
if possibly the City could enter into a more feasible agreement regarding red light
cameras.
Councilmember Carpenter made a motion, seconded by Councilmember Wilenchik to
approve termination of the agreement with American Traffic Services regarding red light
cameras, and to have Mr. Spain research other options. The motion carried 3-0 and the
vote was as follows:
AYES: Councilmembers Fowler, Wilenchik and Carpenter.
NAYES: Mayor Pro-Tern Scagliola.
#20 APPOINTMENT: Discussion and action to appoint Council members to serve
on an interview board for all Boards and Commissions appointments.
After a brief discussion, Council agreed to appoint Mayor Baldwin and Councilmembers
Wilenchik and Fowler to serve on the interview board. Mayor Pro-Tern Scagliola will
serve as an alternate. It was determined that an agenda would be posted for scheduled
meetings.
Councilmember Carpenter made a motion, seconded by Councilmember Wilenchik, to
appoint Mayor Baldwin, Councilmembers Wilenchik and Fowler to serve on interview
board. The motion carried 4-0 and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Wilenchik and Carpenter.
NA YES: None.
#21 APPOINTMENT: Discussion and action to appoint members to the Board of
Adjustments. (L. Truitt)
This item was pulled and will be placed on a future agenda.
#22 APPOINTMENT: Discussion and action on appointing Councilmembers to
liaison positions.
Councilmember Carpenter stated he was interested in serving as liaison to the Schertz
Youth Commission. There were neither further discussions about or changes to liaison
positions.
Councilmember Wilenchik made a motion, seconded by Councilmember Fowler, to
appoint Councilmember Carpenter as liaison to the Schertz Youth Commission. The
motion carried 4-0 and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Wilenchik and Carpenter.
NA YES: None.
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DISCUSSION ITEMS:
#23 Report from the Schertz 50th Anniversary Committee on proposed activities. (M.
Carpenter)
Councilmember Carpenter jrovided a 12-month events calendar for upcoming events
planned for the Schertz 50 Anniversary. Events include, dances, celebration of Arbor
Day, summer reading prograrn, pumpkin patch, festivals, etc. He asked that everyone
look over the calendar and provide feedback.
#24 Items by City Manager Taylor and Staff
General Announcements
· Mr. Taylor reported that June 14, 2007 at 7:00 p.rn. CCMA will be elect new
officers. Those new officers are Mrs. Reginna Agee and Ken Greenwald.
#25 Items by Council
General Announcements
Mayor Councilmember Fowler
· Has concern with Park dedication issues and the possible delay as it goes
through the Unified Development review process. Would it be possible for the
section to be reviewed as a stand-alone document?
Mayor Pro- Tem Scagliola
· Inquired on the deer crossing sign for FM 3009. Is there any status from
TXDot?
Councilmember Trayhan
· Was not present.
Councilmember Wilenchik
· Briefed Council on Commissioners Court Meeting on such issues as:
o ACCOG Public Hearing, regarding transportation issue for Veterans.
o Purchase of generator for local radio station-KWED. Mentioned that
Commissioner Wolverton is opposed.
Councilmember Carpenter
· Had no comments.
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#26 Items by Mayor
· July 16th, ACCOG will be electing officials.
· Dr. Eric Reno, President of Northeast Lakeview College would like to make a
presentation to the City. He asked that this item be placed on the next agenda.
#27 ADJOURNMENT
Mayor Baldwin adjourned the meeting at 9:33 p.m.
; Mayor, City of Schertz
ATTEST:
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,,-.
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