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10-28-08 MINUTES REGULAR MEETING October 28, 2008 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on October 28, 2008 at 6:30 p.m., in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present, to-wit: Mayor Hal Baldwin Mayor Pro-Tem Tony Wilenchik Council Member Jim Fowler Council Member David Scagliola Council Member John Trayhan Council Member Michael Carpenter Staff Present: City Manager Don Taylor Assistant City Manager John Bierschwale City Secretary Brenda Dennis City Attorney Michael Spain CALL TO ORDER REGULAR MEETING Mayor Baldwin called the meeting to order at 6:30 p.m. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND STATE OF TEXAS. Council Member Carpenter gave the Invocation followed by the Pledges of Allegiance to the Flags of the United States and State of Texas. PRESENTATION • Brief presentation of new programs by the Human Resource Department Mayor Baldwin recognized Human Resource Associate Joe Wallace who briefed Council on the new City of Schertz HR Department initiatives for FY 08/09 that include: New Employee Orientation Program: Welcome Aboard Training Program Employee/Leadership Development Program Employee Wellness Program INTRODUCTIONS • Introduction of the 2008/2009 Schertz Sweetheart Court. (E. Matlock/M. Kelso) Mayor Baldwin recognized Erin Matlock and Michele Kelso who introduced the 2008-2009 City of Schertz Sweetheart Court. Ms. Matlock introduced the other members of the Sweetheart Board that were in the audience. Ms. Matlock introduced Ms. Tri-County, Crystal Wilson, who introduced the following Court Members: Ms. Friendly City Sarah Corder Ms. Freedom Ellen Goos City Council Regular Meeting 280 - October 28, 2008 Ms. Liberty Sarah Wiley Ms. Sunshine Julianne Royce Ms. Wilson stated that Ms. Schertz, Taylor Weidman could not make it this evening. Ms. Wilson thanked the Mayor and Council for a great program and presented the Mayor with a scrapbook of "A Tour of Schertz". Mayor Baldwin thanked Ms. Wilson for the great work she did on the project. Mayor Baldwin recessed the meeting at 6:44 p.m. to join the Sweetheart Court in the Council Conference Room for coffee and cake. Mayor Baldwin called the regular meeting back to order at 6:52 p.m. BRIEFING BY CITY ATTORNEY ON RECENT ATTORNEY GENERAL OPINION REGARDING REPORTS AND ANNOUNCEMENTS BY STAFF AND COUNCIL MEMBERS UNDER THE OPEN MEETINGS ACT. City Attorney Michael Spain gave a briefing on the recent Attorney General's Opinion regarding specific posting procedures of agenda items. Mr. Spain stated that no longer could the agendas have General Announcements on meetings/events attended and upcoming events from Council or Staff. He stated that the agendas need to be specific on the items they will be discussing. Council discussed this item stating their opinions on the recent ruling. It was agreed that on future agendas an item be placed stating "Consideration and or action on questions and possible items to be placed on the next agenda", also discussed was, if Council or staff had items they wish to speak about, they contact the City Secretary with the items and she would place them on the next agenda. HEARING OF RESIDENTS Mayor Baldwin recognized the following: • Francis Rushing, Schertz Chamber of Commerce President, who announced the following: - Thanked the Mayor and Council for the proclamation last week. - Thanked the Mayor and Council Member David Scagliola for attending a last minute Ribbon cutting today at Cut and Style. - October 31, 2008 monthly meeting: Marty Winder, Chairman of the San Antonio Chamber of Commerce will be the speaker. • Cheri Armstrong, 1025 Fawn, who spoke about having sidewalks on 3009. Council Members agreed to have an item placed on the November 18t" Council agenda to discuss this item. • Lorraine Crook, 209 Maple Drive, who spoke on FEMA Flood Plan. • David Scagliola, 3418 Foxbriar Lane, who spoke on the open meetings act, TML Dinner, and the Schertz Sweetheart Court. • Ken Greenwald, 205 Westchester, who also spoke on the FEMA Flood Plan. Mayor Baldwin recognized Council Member Carpenter who asked that item 3 be moved forward; Council concurred. Mayor Baldwin also stated that item 7 would also be moved forward. ~ Eity Council Regular Meeting 281 October 28, 2008 i REGULAR AGENDA 3. Resolution No. 08-R-49 -Consideration and/or action on an Interlocal Agreement with Schertz-Cibolo-Universal City ISD relating to sewer line facilities. (M. Spain). Mayor Baldwin recognized City Attorney Michael Spain who introduced this item answering questions from Council. Mr. Spain stated that he hadn't received the Interlocal Agreement in time to review and requested the Council move this item to the November 4`h meeting. Mayor Baldwin recognized Council Member Carpenter who moved, seconded by Council Member Trayhan to postpone this item to the next agenda to allow the City Attorney more time to provide Council with the Interlocal Agreement. Vote was unanimous. Motion Carried DISCUSSION AND POSSIBLE ACTION 7. FEMA FLOOD PLAIN DISCUSSION -Briefing and discussion regarding FEMA Flood Plain. (L. Dublin) Mayor Baldwin recognized City Engineer Larry Dublin and Public Works Superintendent Jimmy Hooks who introduced this item providing Council with background information on the insurance maps (firms) discussions that transpired December 2005 with the release of the new preliminary digital flood insurance maps. After several meetings hosted by FEMA and the City of Schertz; and an appeal and revisions, a final determination was received, which started a timeline when communities passed ordinances to adopt the new maps that would become official. The City of Schertz updated its ordinance on October 9, 2007 and on November 2, 2007 the new maps became official. Mayor Baldwin recognized Manuel Razo, CFM Field Representative Flood Mitigation Planning Division of the Texas Water Development Board and Alex Hartman Insurance Agent with State Farm who came forward answering questions from Council. After considerable discussion, City Attorney Michael Spain stated that he would get with his law firm to go over the FEMA fact sheet that was provided to Council and citizens this evening and would report back at the November 18, 2008 meeting. Council requested that an item be placed on the November 18, 2008 agenda so that this could be discussed and also stated that citizens should have their questions ready at that time. REGULAR AGENDA 1. Minutes -Consideration and/or action regarding the approval of the minutes of the Regular Meeting of October 21, 2008. Mayor Baldwin recognized Council Member Trayhan who moved, seconded by Council Member Carpenter to approve the minutes of October 21, 2008. Vote was unanimous. Motion Carried 2. Interlocal Agreement between Bexar County and Appointment of Director of San Antonio Metropolitan ~-Iealth District -Consideration and/or action approving an Interlocal Agreement with Bexar County and appointing Dr. Fernando Guerra as the Health City Council Regular Meeting - 282 October 28, 2008 Authority of San Antonio Metropolitan Health District. (D. Wait) (Council asked that this item be rewritten and brought back) t Mayor Baldwin recognized EMS Director Dudley Wait who introduced this item answering questions from Council stating that the changes requested by council had been completed. City Council addressed the question regarding whether this agreement covered the entire City of Schertz. Mr. Wait stated that this was correct and staff recommended that a letter be written to amend section 4.01 that stated the entire City. Mayor Baldwin recognized Council Member Fowler who moved, seconded by Council Member Scagliola to approve interlocal agreement with Bexar County and appoint Dr. Fernando Guerra as the City's Health Authority with an addendum to section 4.01 stating that Dr. Guerra serves the entire City. Vote was unanimous. Motion Carried 4. Resignations/Appointment/Reappointment to Boards and Commissions/Committees - Consideration and/or action regarding resignations appointments/reappointments to Boards and Commission/Committees. Mayor Baldwin recognized Mayor Pro-Tem Wilenchik who moved seconded by Council Member Trayhan to ratify the resignation of Anthony Vaticalos from the Economic Development Corporation. Vote was unanimous. Motion Carried PUBLIC HEARING/ORDINANCES 5. Ordinance No. 08-5-49 - SUP2008-031A- Consideration and/or action upon a request for a Specific Use Permit of 2.82+ acres land being of Lot 6 Block 1 of the Hubertus Retail Subdivision to allow the use of aSelf-Storage Service Facility in the General Business zoning district (GB) located at the southwest intersection of IH35 North and FM-1103. First Reading (M. Nichols) (Council postponed action on this item until the October 28, 2008 City Council meeting to allow staff to review the updated site plan and consider proposed recommended changes that were addressed). Mayor Baldwin recognized Karen Mitchell with the Mitchell Planning Group who introduced this item answering questions from Council. Mayor Baldwin stated that Council had received a copy of an email from the applicant stating that he would like to postpone first reading until November 4, 2008. Members of Council discussed this item with the City Attorney Michael Spain and Karen Mitchell of Mitchell Planning Group who answered questions. Mayor Baldwin recognized Council Member Carpenter who moved, seconded by Council Member Trayhan to postpone Ordinance No. 08-5-49 first reading to the November 4, 2008 meeting. Vote was unanimous. Motion Carried 6. Ordinance No. 08-T-50 -Consideration and/or action relating to Reinvestment Zone Number Two, City of Schertz, Texas authorizing Final Project Plan and Reinvestment Zone Financing Plan for the Zone, including reaffirming certain appointments to the Board of Directors of the Zone. First Reading (M. Spain). Mayor Baldwin recognized City Attorney Michael Spain who introduced this item answering ~ questions from Council. Mayor Baldwin recognized Mr. Larry Aiken, Sedona Development City Council Regular Meeting 283 October 28, 2008 who came forward answering questions from Council. Mayor Baldwin recognized Council ~ Member Trayhan who moved, seconded by Council Member Carpenter to approve Ordinance No. 08-T-50 first reading. Vote was unanimous. Motion Carried EXECUTIVE SESSION Called under Section 551.071 Litigation, pending litigation; Section 551.072 Texas Government Code -Deliberation regarding the purchase, exchange, sale, lease, or value of real property. Council did not meet in executive session. ADJOURNMENT As there was no further action, Mayor Baldwin adjourned the eeting at 9:25 p.m. al Baldwin, Mayor ATTEST: nda Dennis, City Secretary City Council Regular Meeting 2$4 - October 28, 2008 r