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
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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. ~
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October 28, 2008
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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
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Authority of San Antonio Metropolitan Health District. (D. Wait) (Council asked that this
item be rewritten and brought back)
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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
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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
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