08-21-2007- Regular Session
MINUTES
REGULAR SESSION
August 21,2007
The Schertz City Council convened in Regular Session on Tuesday, August 21, 2007, at
5:30 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 David L. Scagliola, Councilmembers Jim Fowler (arrived late), John
Trayhan, Tony Wilenchik and Michael Carpenter. Also present were City Manager Don
Taylor, Assistant City Managers John Bierschwale, Assistant City Manger David Harris,
Judy Tokar City Secretary and City Attorney Michael Spain.
#1 CALL TO ORDER.
Mayor Baldwin called the meeting to order at 5:30 p.m.
#2 PLEDGES OF ALLEGIANCE TO THE UNITED STATES AND STATE
OF TEXAS (Honor the Texas flag; I pledge allegiance to thee, Texas, one
state under God, one and indivisible.)
Pledges were recited.
#3 Budget Workshop.
David Harris, Assistant City Manager, went over the budget revenue and expenditures
and covered approximately 1/4 of the departments. He clarified issues on additional
personnel, as well as increases to line items for various departments.
Councilmember Fowler arrived at 6:25 p.m.
#4 PRESENT A TION: Presentation of Certificate of Appreciation to Chuck
McCollough, San Antonio Express News reporter.
Mr. McCollough wasn't able to be present and will be presented certificate at the next
meeting.
#5 HEARING OF RESIDENTS.
Frances Rushin2, Schertz Chamber President, announced the Congressman Cuellar
reception, August 31 S\ at 10:30 a.m. with the Chamber's monthly luncheon immediately
following with a program featuring South Texas Women in Business. She announced the
small business lunch seminar is free of charge. The Network Connection of September
13th will be hosted by Sam's Club on Judson Road. Ms. Rushing has accepted the
honorary commander position of the Randolph Air Force Base 12th Flying Training Wing
Operations which will be a great benefit for the Chamber.
City Council Regular Meeting 8/21/2007
289
Robert Brockman. 1000 Elbel Road, commented on the flags on Schertz Parkway and
asked about the property where the new post office will be located.
Ed (Grumpy) Azzoz. 528 Wayward Pass, congratulated the City for being recognized as
"The Best Place to Live in Texas". He believes jogging with your pet in the heat of day
is cruel to animals. Can anything be done? He suggested that the City consider a Grackle
Fest since there is an abundance of them. Instead of shooting them, let's get along with
them. He would consider being a sponsor.
#6 PUBLIC HEARING:
APPLICANT REOUESTED POSTPONEMENT
OF ITEMS A) AND B) TO THE SEPTEMBER 4 MEETING.
Mayor Baldwin opened the public hearing at 6:55 p.m.
Councilmember Carpenter read from a letter from the firm Brown, P.c. stating a letter
would be forthcoming from Mr. Montelongo authorizing the firm to act on his behalf.
Has this authorization been received by the City? Brown, P.c. representative presented
Council with letter of appointment from Mr. Montelongo. Councilmember Carpenter
asked if the applicant is aware of recurring cost associated with the postponement and
republication of public hearing, and notification to property owners. It was pointed out
that these costs would be passed on to the applicant.
Councilmember Carpenter made a motion, seconded by Councilmember Fowler to
postpone until next week and set public hearing date, which will accommodate
publication in newspaper. The vote was 5 to 0, and the vote was as follows:
A YES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik, and Carpenter.
NAYES: None.
A) Hold a public hearing upon a request to rezone 4.105+ acres out of the Malpaz
League Survey and Division No 2 of Survey No. 67 in Section No.3 and Part of
the Ottomar L. Dietz, Et Al 250 acres tract, Guadalupe County, Texas from
Single-Family Residential-l (R-l) to Neighborhood Services (NS). The property
is located at the northwest corner of FM 3009 and Patrick Henry. (Applicant:
David Montelongo) (c. Gabbard)
B) ORDINANCE: Discussion and action on first reading of an Ordinance
amending the Unified Development Code (UDC) Ordinance 96-S-28 by rezoning
4.105+ acres out of the Malpaz League Survey and Division No.2 of Survey No.
67 in Section No.3 and Part of the Ottomar L. Dietz, Et Al 250 acre tract,
Guadalupe County, Schertz, Texas from single-family residential-l (R-l) to
neighborhood service (NS); providing an effective date; and providing a repealing
clause. (c. Gabbard)
City Council Regular Meeting 8/21/2007
290
Councilmember Carpenter made a motion, seconded by Councilmember Trayhan to
postpone first reading of an Ordinance amending the Unified Development Code (UDC)
Ordinance 96-S-28 by rezoning 4.105+ acres out of the Malpaz League Survey and
Division No.2 of Survey No. 67 in Section No.3 and Part of the Ottomar L. Dietz, until
next week in order to set public hearing date. The vote was 5 to 0, and the vote was as
follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik, and Carpenter.
NA YES: None.
C) Hold a public hearing upon a request for specific use permit of Lot 33 and Lot
34, Block 1, in the Nell Deane Subdivision. The proposed commercial lots are for
speculative buildings within the Air Installation Compatible Use Zone (AICUZ).
The 2.3367+ acres tracts are zoned General Business-2 (GB2). The tract is
situated approximately 106 feet east of the intersection ofFM 1518 on Nell Deane
Street (Applicant: Rudy Winkler, R.F.W. Inc.) (L. Truitt)
Leonard Truitt, Director of Development Services asked that items 6C-D be postponed.
An error in publication date was made and republication is necessary.
Councilmember Carpenter made a motion, seconded by Councilmember Trayhan to
postpone item 6C, until next week in order to set pubic hearing date to accommodate
publication requirements. The vote was 5 to 0, and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik, and Carpenter.
NA YES: None.
D) ORDINANCE: 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 2.3367+ 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 (AICUZ),
(APZ-l); providing an effective date; and providing a repealing clause.
Councilmember Carpenter made a motion, seconded by Councilmember Trayhan to
postpone item 6D, until next week in order to set pubic hearing date to accommodate
publication requirements. The vote was 5 to 0, and the vote was as follows:
A YES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik, and Carpenter.
NA YES: None.
City Council Regular Meeting 8/21/2007
291
APPLICANT WITHDREW REOUEST ON ITEM E)
E) Hold a public hearing upon a request to rezone 5.4032+ acres from Garden
Home Dwelling District (R-5) to General Business District (GB). The tract is
situated out of the T. Herrera Survey No. 68, Abstract 153, Guadalupe County,
Schertz, Texas. The property is generally located at the northwest corner of
Schertz Parkway and Live Oak Road. (Applicant: Don McCrary & Associates,
Inc.) (M. Nichols)
No action necessary on this item, applicant withdrew the request.
ACTION ITEMS:
#7 RESOLUTION: Discussion and action on resolution for policy and
procedures for electronic bidding. (M. Spain)
RESOLUTION 07-R-35
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING THE ACCEPT ANCE OF
ELECTRONIC BIDS AND PROPOSALS, ADOPTING RULES TO
ENSURE THE IDENTIFICATION, SECURITY, AND
CONFIDENTIALITY OF ELECTRONIC BIDS OR PROPOSALS, AND
RELA TED MATTERS.
Councilmember Wilenchik made a motion, seconded by Councilmember Fowler, to
approve a resolution authorizing the acceptance of electronic bids and proposals,
adopting rules to ensure the identification, security, and confidentiality of electronic bids
or proposals, and related matters. The motion carried 5-0, and the vote was as follows:
A YES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik, and Carpenter.
NAYES: None.
#8 Discussion and action on dissolving the Economic Development Commission.
(G. Antuna)
George Antuna, Economic Development Director, explained that because many of the
functions have been taken over by the Corporation Board, he recommends dissolving the
Commission.
Councilmember Fowler made a motion, seconded by Councilmember Scagliola to
approve first reading of an ordinance by the City Council of the City of Schertz, Texas
assigning the duties of the Schertz Economic Development Commission of the Schertz
Economic Development Corporation; dissolving the Schertz Economic Development
Commission, and repealing and reserving code of ordinances Chapter 2, Article III,
City Council Regular Meeting 8/21/2007
292
Economic Development Commission; and other related matters in connection therewith.
The motion carried 5 to 0, and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik, and Carpenter.
NA YES: None.
#9 ORDINANCE: Discussion and action on first reading of an ordinance
authorizing amended and restated Articles of Incorporation of the City of
Schertz Economic Development Corporation; approving amended and
restated By-Laws of such corporation; appointing Directors to the Board of
Directors of such corporation; and other matters in connection therewith. (G.
Antuna)
George Antuna, Economic Development Director, provided explanation regarding
amendment to the Articles ofIncorporation and restated By-laws.
Councilmember Fowler made a motion, seconded by Councilmember Scagliola to
approve first reading of an ordinance authorizing amended and restated Articles of
Incorporation of the City of Schertz Economic Development Corporation; approving
amended and restated By-Laws of such corporation; appointing Directors to the Board of
Directors of such corporation; and other matters in connection therewith. The motion
carried 5 to 0, and the vote was as follows:
A YES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik, and Carpenter.
NA YES: None.
#10 Discussion and action to appoint Council member liaison to Board of
Adjustments.
After a brief discussion and at the request of City Attorney Michael Spain, it was decided
that no action be taken this evening and that discussion with City Manager take place to
address the issue of liaison appointments.
DISCUSSION ITEMS:
#11 Discussion on how the City markets being the Number One City in the State
of Texas.
Councilmember Carpenter stated that the City being named the "The best place to live in
Texas" and making the top 40 in the country makes this a unique and short-lived
opportunity to take advantage of the notoriety. He would like to task Media Relations to
work up a proposal to market the City and suggests funding it through Hotel/Motel Tax.
There was some concern whether Hotel/Motel Tax is the appropriate fund to use for
marketing purposes. After further discussion, it was determined that appropriate
departments as well as the Chamber can get together to develop a proposal, and be ready
in a couple weeks to present the proposed campaign to the Council.
City Council Regular Meeting 8/21/2007
293
#12 Discussion on the structure of the Municipal Court.
Assistant City Manager Bierschwale briefed Council on revenue comparison of
Municipal Court from last year (2006) to this year. There is very little difference in
revenues generated by a full time judge vs. the current part time judge. His
recommendation is to continue with a part time judge. As for Teen Court, he recommends
we appoint Darrell Dullnig as the responsible judge if Council wants to continue with
Teen Court. Research will take place by City Attorney to make sure all legal issues are
addressed. The City's current part time judge has allowed clerks more flexibility and
good customer service has been the outcome. The current court structure is working with
no problems, and it was Council consensus to continue with this good arrangement.
#13 Discussion on how the City Council prefers to receive minutes from Boards
and Commissions.
City Manager, Taylor reported that all board and commission minutes are on the website
except for Board of Adjustments at this time. The Board of Adjustments will start placing
minutes on the website. Because minutes are posted on the website, it was determined
that Council can view minutes if they choose from the website instead of providing
copies. It was mentioned that the liaison position is another way that Council is informed
of all boards and commissions meetings. The liaison position is only to act as a reporting
figure. Input is not provided and the liaison doesn't vote or request any item to be placed
on the agenda. Ifthe current system is working, why change it?
#14 EXECUTIVE SESSION: Called under Chapter 551 Texas Government
Code, Sub-section 551.072 - Deliberation regarding Real Estate.
An executive session was held from 8:20 p.m. to 9: 13 p.m.
#15 Action, if any on the subject of the above Executive Session.
Councilmember Fowler made a motion, seconded by Councilmember Wilenchik to
authorize acquisition of 13 feet of right-of-way from Michael Birdsong as executor to
Melinda Birdsong and Milton Schaefer in the amount of $7,297, and replace certain
fencing in connection with the Schwab Road realignment and drainage right-of-way. The
motion carried 5 to 0, and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik, and Carpenter.
NA YES: None.
#16 Discussion and action on purchase or condemnation on Schwab Road
drainage right-of-way. (M.Spain)
Councilmember Trayhan made a motion, seconded by Councilmember Wilenchik to
authorize condemnation proceedings in Comal County to acquire 0.284 acres of land
from Susan E. Seekatz and Adelheid S. Reeh co-executors to the estate of Alice A.
City Council Regular Meeting 8/21/2007
294
Schaefer in connection with the Schwab Road realignment and drainage project. The
motion carried 5 to 0, and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik, and Carpenter.
NA YES: None.
#17 Items by City Manager Taylor and Staff.
General Announcements
· David Harris, Assistant City Manager, reminded Council of scheduled
meeting by Mike Dahl on August 29th, 6:30 p.m. regarding the ETJ swap.
#18 Items by Council.
General Announcements
Councilmember Fowler
· Attended Parks and Recreation meeting and is pleased to report that
discussion is going well regarding the board working with UDC review.
Mayor Pro-Tem Scagliola
.
Attended an ISD board meeting and thanked the board for efforts in getting
the city recognized as the best city to live in Texas and the 40th in the nation.
Councilmember Trayhan
· No comment.
Councilmember Wilenchik
.
Reported on County Commissioner Court proceedings: public hearing on tax
rate; agreement for the expansion of the Schertz annex; consolidation of two
voting precincts 303/304; and adoption of Flood Plain map.
Referenced water certificates presented to the City of Schertz and publicly
recognizes the Public Works Department for receiving awards.
Mentioned a letter from Dr. Pustka regarding impact fees and new law that
exempts schools from paying. If this exempts the school, would like to place
item for discussion on service plan with SCUISD regarding impact fees.
.
.
Councilmember Carpenter
.
Schertz Youth Commission held its first meeting last evening and is waiting to
elect officers until they have a full membership. Plans are to solicit
membership from Steele High School if need be.
Classes start on Monday and asked iftraffic devices will be ready for that day.
.
City Council Regular Meeting 8/21/2007
295
#19 Items by Mayor.
.
Will be out of town for next meeting. Family member having surgery.
Will be out of town Thursday and needs a volunteer to take the Historical
meeting that evening.
Asked for Council participation at Mike Dahle meeting scheduled on August
29th.
Referenced letter from Mr. Dennis, CCMA, regarding winter averagmg,
which was an answer to a letter from a resident (Ms. Neely).
.
.
.
#20 ADJOURNMENT.
Meeting was adjourned at 9:30 p.m.
ATTEST:
cr;t~~~
City Council Regular Meeting 8/21/2007
296