09-18-2007-Regular Session
MINUTES
REGULAR SESSION
SEPTEMBER 18, 2007
The Schertz City Council convened in Regular Session on Tuesday, September 18, 2007, at 6:00
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 David Scagliola, and Councilmembers Jim Fowler, John Trayhan, Tony Wilenchik and
Michael Carpenter. Also present were: City Manager Don Taylor, Assistant City Manager John
Bierschwale, Assistant City Manager David Harris, Deputy City Secretary Mary Ybarra and City
Attorney Michael Spain.
#1 CALL TO ORDER.
Mayor Baldwin called the meeting at 6:00 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.)
Both pledges were recited.
#6 PRESENTATION: Detective Ernest Spradling for the Life Saving Award
Mayor Baldwin presented Detective Spradling with a certificate of recognition from the City of
Schertz for his heroic efforts. Chief Starr presented Detective Spardling with the Life Saving
A ward ribbon. Detective Spradling saved a truck driver that was having mechanical problems
with his vehicle that had stalled on the railroad tracks.
#3 EXECUTIVE SESSION: Called under Chapter 551 Texas Government Code, Sub-
section 551.072 - Deliberation regarding Real Estate, Sub-Section 551.071 (1) (a)
Consultations with Attorney - Regarding pending or contemplated litigation.
An Executive Session was held from 6:04 p. m. to 7:09 p.m.
#4 Action, if any on the subjects of the above Executive Session.
No action was necessary.
#5 HEARING OF RESIDENTS
Frances Rushin2. Schertz Chamber President, reported that Guadalupe County Commissioners
Court approved their budget; Seguin is holding the 87th Chamber Banquet September 28th;
monthly Schertz Chamber luncheon, Sept. 28th, 11 :30 a.m. at Civic Center; ribbon cutting
ceremony Oct. 2, Pizza Inn, 3929 Cibolo Valley Dr; plans are underway to attend Annual
Conference in Austin, Oct. 12,2007; and Shop Schertz Showcase, Oct. 27th.
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Debbie Bell and approximately 15 concerned residents of the Northcliffe area voiced their
opposition to the zoning classification ofR-6 for the Northcliffe golf course. They would like the
City to consider designating another zoning classification for the area. They believe the zoning
could impact property values and the loss of green space.
The Northcliffe Golf Course property owners, and their attorney, also voiced their concern
regarding the R-6 classification, which they believe will restrict the property from its historical
use, and not allow the golf course to be profitable. They stated: "Let's not hamstring the
property" .
City Manager Taylor reported that legal as well as City staff is working the issue. Staff is looking
at allowing the golf course to continue it's zoning designation and possibly allow for commercial
designation as well.
#7 Items by Council
Mayor Pro-Tern Scagliola
· Had the pleasure of attending the Schertz Sweetheart contest on Saturday,
September 15th, and was very impressed with the contestants. These kids are
leaders of tomorrow.
· Will attend Mobility 2035 on Thursday, dealing with the Metro Planning
Organizations.
Councilmember Fowler
· Meeting that he was to attend last night was cancelled until next week.
Councilmember Trayhan
· Thanked all residents present for giving up their evening and spending time here
with Council. Hope to see this turn out again soon.
Councilmember Wilenchik
· Is in school all next week 8-5 pm. - taking a Code Compliance class.
Councilmember Carpenter
· Thanked the Public Works Department for placement of barriers on bike trail on
Savannah Drive.
#8 Items by Mayor
· No comment.
#9 PUBLIC HEARING:
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
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Residential-1 (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)
Mayor Baldwin explained the procedures to be followed at the public hearing.
Thomas Rhodes, Interim Planning Director, provided a brief history on the rezoning request, and
added that this is the first step in a multi-step process.
The firm, Brown P.c., representing David Montelongo (developer) and the Dietz Family
(property owners), presented a slide show illustration regarding a feasibility study on different
zoning classifications, The outcome of the study considering all zoning options came down to
Neighborhood Services being the best use of the tract. A conceptual drawing of proposed site
plan was also introduced, showing the construction of the building, etc. Both parties respectfully
ask that Council consider the zoning request and allow for the development of this tract.
Approximately fifteen (15) concerned residents (list attached) spoke in opposition to the zoning
request. Mr. David Montelongo (developer) and several Dietz family members spoke in favor of
the request.
Council recessed for 5 minutes at 8:58 p.m.
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 Manager Taylor reminded Council of the Planning and Zoning Commission's
recommendation; the vote was unanimous to deny the request for NS zoning. He believes
everything has been researched solidly, and finds no reason to overturn the Commission's
recommendation to deny the request. It is staffs recommendation to uphold the
recommendation.
Discussion followed regarding other zoning designations as well as other options. However,
Councilmember Wilenchik believes that the decision made by the Commission should be upheld.
A Brown P.c. representative asked that Council possibly consider voting to send the issue back
to the Planning and Zoning Commission, giving them an opportunity to revisit the matter with
the residents and the Commission.
Councilmember Wilenchik made a motion, seconded by Councilmember Scagliola, to uphold the
decision of the Planning and Zoning Commission and deny the request of Neighborhood Service
(NS) zoning designation. The motion carried 5-0 and the vote was as follows:
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AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter
NA YES: None
ACTION ITEMS:
#10 Discussion and action to accept letter of resignation from City Secretary.
Councilmember Scagliola stated for the record that Ms. Tokar treated everyone with the utmost
respect, and always had a kind word to say when he happened to be in City Hall. For those
reasons, he finds it very difficult to accept her letter of resignation. However, it must be done.
Councilmember Scagliola made a motion, seconded by Councilmember Trayhan, to accept the
letter of resignation from Judy Tokar, City Secretary, dated September 12, 2007, with effective
date of September 14,2007. The motion carried 5-0 and the vote was as follows:
AYES: Council members Fowler, Scagliola, Trayhan, Wilenchik and Carpenter
NA YES: None
#11 Discussion and action to appoint Interim City Secretary.
City Manager Taylor stated that he has spoken with Deputy City Secretary Mary Ybarra and she
is willing to take over the responsibilities.
Councilmember Trayhan made a motion, seconded by Councilmember Scagliola, to appoint
Mary Ybarra as Interim City Secretary. The motion carried 5-0 and the vote was as follows:
A YES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter
NAYES: None
#12 Discussion and action on marketing and public relations program to promote the
City. (B. Bailey, B. Gildea and D. Harris)
City staff members David Harris, Brad Gildea and Brad Bailey gave a slide presentation
detailing marketing suggestions to promote the City; T-shirts, billboard advertising, coffee mugs
and more. The funding needed is approximately $125,000. Discussion followed and suggestions
were given on marketing strategies. Council thanked staff for a great presentation.
Councilmember Trayhan made a motion, seconded by Councilmember Carpenter, to approve
$125,000 for a marketing and public relations program to promote the City. The motion carried
5-0 and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter
NAYES: None
#13 ORDINANCE: Discussion and action on final reading of an ordinance amending
Article III of the Unified Development Code (UDC) Ordinance 96-S-28 by updating
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and revising the official zoning map for property located in Comal County and
Guadalupe County within the City of Schertz, Texas and adopting said zoning map.
(T. Rhodes)
Thomas Rhodes, Interim Planning Director, reported that all changes have been made to the map
as requested.
ORDINANCE NO. 07-S-40
An Ordinance by the City Council of the City of Schertz, Texas amending Article
III of the Unified Development Code (UDC) Ordinance 96-S-28 by updating and
revising the official zoning map for property located in Comal County and
Guadalupe County within the City of Schertz, Texas and adopting said zoning map.
Councilmember Scagliola made a motion, seconded by Councilmember Trayhan to approve final
reading of an ordinance amending Article III of the Unified Development Code (UDC)
Ordinance 96-S-28 by updating and revising the official zoning map for property located in
Comal County and Guadalupe County within the City of Schertz, Texas and adopting said
zoning map, with the clarification of keeping the zoning for the golf course as pre-development
(PD). The motion carried 5-0 and the vote was as follows:
A YES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter
NA YES: None
#14 ORDINANCE: Discussion and action on first reading of an ordinance adopting the
Fiscal Year 2007-2008 tax rate. (J. Santoya)
David Harris, Assistant City Manager, stated that a revised ordinance was passed out showing
bold printing that is mandated by State law to be part of the ordinance, as well as a copy of how
the motion should be read.
Councilmember Wilenchik made a motion, seconded by Councilmember Trayhan, to approve
that property taxes be increased by the adoption of a tax rate of $0.409000 and adoption of an
ordinance adopting the 2007 tax rate. The motion carried 5-0 and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter.
NA YES: None
DISCUSSION ITEMS:
#15 Discussion on the proposed budget for Fiscal Year 2007-2008. (J. Santoya)
David Harris, Assistant City Manager, provided updates to the budget.
#16 ORDINANCE: Discussion on final reading of an Ordinance amending the Unified
Development Code (UDC) Ordinance 96-S-28 by rezoning 35.874+ acres out of the
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Miles S. Bennett Survey No. 75, Abstract No. 61, County Block 5057, Bexar County,
Texas, Schertz, Texas to establish the initial zoning of Public Use District (PUB). (L.
Truitt)
No changes; Council will be ready to consider this item at the next meeting.
#17 Discussion on the EMS write-offs. (D. Wait)
Dudley Wait, Emergency Service Director (EMS), provided the write-off requests in three
segments: accounts referred to collection agencies; Miscellaneous Revenue Adjustments
(Internal); and contractual allowable (Medicare; Medicaid; Tricare) for a grand total of
$474,753.74 in EMS write-offs. It was pointed out that the total should be $474,718.25. The
change will be made before next meeting.
#18 Items by City Manager Taylor and Staff
· Johnnie Bierschwale reported that he and George Antuna would be testifying at
SARA on behalf the Sedona TIRZ.
· David Harris reported that several city staff members went to Travis County to
observe their dispatch computer system.
· He will be going to Corpus Christi to explore other dispatch systems.
#19 ADJOURNMENT.
The meeting was adjourned at 10:23 p.m.
,
Hal Baldwin, Mayor City of Schertz
ATTEST:
Interim Cit S retary, City of Schertz
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