08-28-2007 Regular SessionMINUTES
REGULAR SESSION
August 28, 2007
The Schertz City Council convened in Regular Session on Tuesday, August 28, 2007, at
6:30 p.m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway Building
#4, Schertz, Texas. The following members were present: Mayor Pro -tem Scagliola
presiding, Councilmembers John Trayhan, Tony Wilenchik and Michael Carpenter.
Absent was Mayor Hal Baldwin. Also present were City Manager Don Taylor, Assistant
City Managers John Bierschwale and David Harris, City Secretary Judy Tokar and City
Attorney Michael Spain.
#1 CALL TO ORDER.
Mayor Pro -Tem Scagliola opened the meeting at 6:30 p.m.
#2 PLEDGES OF ALLEGIANCE TO THE UNITED STATES AND STATE
OF TEXAS.
Both pledges were recited.
#3 PROCLAMATION: Presentation of proclamation for "American Payroll Week"
of September 3 -9, 2007
Mayor Pro -Tem Scagliola read proclamation proclaiming "American Payroll Week ",
September 3 -9, 2207. Ms. Heather Sanchez, representative from Web Payroll was not
present to accept the proclamation, thus it will be mailed.
#4 HEARING OF RESIDENTS.
Tony Wilenchik, 1040 Ivory Creek, stated that he would be reporting on Commissioners
Court meeting at this time, and not at the end of the meeting. This gives all citizens the
opportunity to hear the report. He reported that Commissioners Court held two public
hearings. The first was on a proposed tax rate increase to 38.95 cents, which is the
maximum tax rate increase that the County can charge without having to go to an
election. The other public hearing was on County's proposed budget. Another issue was
HB621 that requires taxing entities to pass a resolution or ordinance to continue taxing
goods in transit. He will be working with City staff and Council so that the city can
continue to receive this money. On action items, the budget was adopted on a vote of 4 to
1; a resolution was passed on taxing tangible property in transit (HB621).
Frances Rushing, Schertz Chamber President, reported on the following: Congressman
Cuellar's reception at 10:30 a.m. followed immediately by the monthly Chamber
Luncheon on August 31, 2007, sponsored by Southwest Women Business Center;
Network connection sponsored by Sam's Club on Sept. 13, 2007; the Chamber's new
business directory and visitors guide are available.
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Michael Dahle, 9120 E. FM 1518, stated that regarding agenda items #10 and 11;
Resolution requesting the release of ETJ by the City of San Antonio to the City of
Schertz, and joint resolution with the City of Cibolo establishing common boundary and
release of ETJ from the City of San Antonio to the ETJ of Schertz and Cibolo. He is here
this evening as spokesman for the residents of the area to strongly support the resolutions.
Kathlern Jackson, 1661 Jasmine Drive, reported on erosion of drainage ditch in the
Greenshire Subdivision which is affecting her property (fence line). She requested this
matter be placed on a future agenda for further discussion.
Debbie Bell, 3325 Sherwin Drive, personally thank Sharma O'Brien, Health Inspector,
on the behalf of Northcliffe residents for working with a resident in the neighborhood to
get an old jeep removed and yard cleaned up.
Rita Duprat- Waldo, reported that the City is on line and went live with 311 on Thursday
of last week. The system is operational. However, the system only recognizes landlines,
no cell telephone calls. Michele Kelso, Customer Service Representative, is working to
resolve the issue with the cell companies. The 311 information has been placed on the
website to inform citizens.
Robert Brockman, 1000 Elbel Road, referenced newscast regarding cuts to TXDoT
projects; FM3009 project is one of those cuts, and its very upsetting. Lights in the Library
parking lot are all working. He gave thanks to Gail Douglas and staff. The pedestrian
walk light at Live Oak/FM3009 is operational, and gave thanks to Commissioner
Wolverton for his efforts.
#5 Discussion on the agreement with the School District regarding the collection
of impact fees (J. Bierschwale)
Councilmember Wilenchik explained that the school district asked the City to annex the
property the district purchased (near Schaefer Road), so the City could provide services
for the new school. There is a law in place, effective June 25, 2007, that exempts schools
from paying impact fees, unless they choose to do so. At one time, the school district
agreed to pay the water impact fees and included this fee into their bonds, which were
voted and passed by the citizens. A letter has since been received from the school district
stating they were not going to pay the fees, and if the building came in under budget the
district would then apply this money to other items for the district. Another point raised;
if the school district did not pay the impact fees, then the citizens of Schertz would be
paying these fees through an increase in their water bills.
Councilmember Trayhan stated the City does not want to be known as retaliating by not
zoning the property for the school. Councilmember Carpenter noted that the law was
passed and effective on 25 June 2007, while the application for the re- zoning was
submitted 8 May 2007, well before the new law was passed.
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The City Attorney, Mr. Spain, stated there were three options available for Council to
take: adopt on first reading, turn down on first reading, and table (take no action).
#6 PUBLIC HEARING:
A) 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+ acre tract are zoned General Business -2 (GB2).
The tract is situated approximately 106 feet east of intersection of FM 1518
on Nell Deane Street (Applicant: Rudy Winkler, R.F.W. Inc.) (C. Gabbard).
Chris Gabbard, Planner I, stated notices were mailed to residents. The Planning and
Zoning Commission meet 25 July 2007, and voted to approve. Council had no
comments. Public hearing was closed.
B) 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 -1); providing an effective date; and providing a repealing clause. (C.
Gabbard)
Councilmember Wilenchik made a motion, seconded my Councilmember Trayhan to
approve the 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 AICUZ. The vote was 5 to 0, and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik, Carpenter
NAYES: None
C) Hold a public hearing upon a request to establish the initial zoning of
Public Use District (PUB) on a 35.874+ acres of land out of the Miles S.
Bennett Survey No 75, Abstract 61, County Block 5057, Bexar County,
Texas. The property is generally located at the terminus of Hillbrook
Drive and adjacent to FM 1518 approximately 2,200 feet south of the
intersection of FM 1518 and Schaefer Road. (M. Nichols)
Ms. Nicholas, Planner II, stated notices were sent to 20 area residences concerning this
matter. One returned a letter in opposition, while five were returned with no forwarding
address. The Planning and Zoning Board voted unanimously to establish the initial
zoning of Public Use District (PUB) on a 35.874+ acres. Public hearing was closed.
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D) ORDINANCE: Discussion and action on a first reading of an ordinance
amending the Unified Development Code (UDC) Ordinance 96 -5 -28 by
zoning 35.874+ acres out of the 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). (M. Nichols)
After discussion with Councilmembers Wilenchik, Fowler, and Carpenter this item was
postponed until 11 September 2007, to allow for meetings between the City and school
district.
Councilmember Wilenchik made a motion, seconded by Councilmember Trayhan to
table this item. Before the vote was taken Councilmember Wilenchik amended motion,
seconded by Councilmember Fowler to postpone this item, to allow further discussion
between both parties. The vote was 5 to 0, and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik, and Carpenter
NAYES: None
ACTION ITEMS:
#7 Discussion and action to set public hearing date for the rezoning case on FM
3009. (Montelongo property) (L. Truitt)
Connie Basal, from Brown PC, requested a postponement until 11 September 2007, to
allow another meeting with the homeowners. After discussion, it was noted that due to
the publication timeline, the earliest the request could be moved to was 18 September
2007.
Councilmember Carpenter made a motion, seconded by Councilmember Trayhan to
postpone this item until 18 September 2007. The motion carried 5 to 0, and the vote was
as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik, and Carpenter.
NAYES: None
#8 MINUTES: Approve minutes of Joint Session of July 31, 2007 and Regular
Session August 14, 2007.
Councilmember Wilenchik made a motion, seconded by Councilmember Carpenter to
approve minutes of Joint Session of July 31, 2007, and Regular Session August 14, 2007,
with corrections. The motion carried 5 to 0, and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik, and Carpenter.
NAYES: None
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#9 ORDINANCE: Discussion and action on first reading of an ordinance
authorizing and allowing, under the act governing the Texas Municipal
Retirement System, "Updated Service Credits" in said system on an annual
basis for service performed by qualifying members of such system who at the
effective date of the allowance are in the employment of the City of Schertz;
providing for increased prior and current service annuities for the retirees
and beneficiaries of deceased retirees of the City; to increase the rate of
deposits to the Texas Municipal Retirement System by the employees of the
City; and establishing an effective date for the ordinance. (D. Dykes)
Donna Dykes explained the changes for the "updated service credits" and the increase in
the employee participation into TMRS. After discussion, Council asked Ms. Dykes to
provide more information by next meeting on how it would affect retirees.
Councilmember Wilenchik made a motion, seconded by Councilmember Carpenter to
approve first reading of an ordinance authorizing and allowing, under the act governing
the TMRS, "Updated Service Credits" in said system on an annual basis for service
performed by qualifying members of such system who at the effective date of the
allowance are in the employment of the City of Schertz; providing for increased prior and
current service annuities for the retirees and beneficiaries of deceased retirees of the City;
to increase the rate of deposits to the TMRS by the employees of the City; and
establishing an effective date for the ordinance. The motion carried 5 to 0, and the vote
was as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik, and Carpenter.
NAYES: None
#10 RESOLUTION: Discussion and action on a resolution requesting the release
of extraterritorial jurisdiction by the City of San Antonio to the City of
Schertz and providing for the incorporation of the released extraterritorial
jurisdiction by the City of Schertz. (T. Rhodes)
RESOLUTION NO. 07 -R -36
A Resolution by the City Council of the City of Schertz, Texas requesting the
release of extraterritorial jurisdiction by the City of San Antonio to the City
of Schertz and providing for the incorporation of the released extraterritorial
jurisdiction by the City of Schertz.
Councilmember Trayhan made a motion, seconded by Councilmember Carpenter to
approve a resolution requesting the release of extraterritorial jurisdiction by the City of
San Antonio to the City of Schertz and providing for the incorporation of the released
extraterritorial jurisdiction by the City of Schertz. The motion carried 5 to 0, and the vote
was as follows:
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AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik, and Carpenter.
NAYES: None
#11 RESOLUTION: Discussion and action on a joint resolution of the City of
Schertz and the City of Cibolo establishing a common boundary for future
areas of growth, including the release of certain land from the
extraterritorial jurisdiction of the City of San Antonio to the extraterritorial
jurisdiction of the cities of Schertz and Cibolo and related matters. (T.
Rhodes)
RESOLUTION NO. 07 -R -37
A Resolution of the City of Schertz and the City of Cibolo establishing a common
boundary for future areas of growth, including the release of certain land from the
extraterritorial jurisdiction of the City of San Antonio to the extraterritorial
jurisdiction of the cities of Schertz and Cibolo and related matters.
Councilmember Carpenter made a motion, seconded by Councilmember Trayhan to
approve a Resolution of the City of Schertz and the City of Cibolo establishing a
common boundary for future areas of growth, including the release of certain land from
the extraterritorial jurisdiction of the City of San Antonio to the extraterritorial
jurisdiction of the cities of Schertz and Cibolo and related matters. The motion carried 5
to 0, and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik, and Carpenter.
NAYES: None
#12 Discussion and action to adopt the By -Laws for the Schertz 50th Anniversary
Committee. (M. Carpenter)
Councilmember Carpenter made a motion, seconded by Councilmember Trayhan to
adopt the By -Laws for the Schertz 501h Anniversary Committee. The motion carried 5 to
0, and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik, and Carpenter.
NAYES: None
#13 Discussion and action to continue the policy to appoint Council liaisons to the
City Boards and Commissions and appoint member to the Board of
Adjustments. (M. Spain)
After discussion to the legal aspect of having Councilmembers on boards, it was decided
that it was in the best interest of the City to continue with the policy.
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Councilmember Trayhan made a motion, seconded by Councilmember Carpenter to
appoint Councilmember Wilenchik as liaison to the Board of Adjustments. The motion
carried 5 to 0, and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik, and Carpenter.
NAYES: None
Councilmember Wilenchik made a motion, seconded by Councilmember Trayhan, to
continue the policy to appoint Council liaisons to the City Boards and Commissions. The
motion carried 5 to 0, and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik, and Carpenter.
NAYES: None
#14 Discussion and possible action on the Guadalupe Appraisal District 2008
Budget Amendment. (D. Taylor)
City Manager Taylor stated that it isn't necessary to take action on this matter.
DISCUSION ITEMS:
#15 ORDINANCE: Discussion on final 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)
No changes to this item. Council will be ready to consider item next week.
#16 ORDINANCE: Discussion on final reading of an ordinance assigning the duties
of the Schertz Economic Development Commission to the Schertz Economic
Development Corporation, dissolving the Schertz Economic Development
Commission, and repealing and reserving Code of Ordinances Chapter 2, Article
I11, Economic Development Commission; and other matters in connection
therewith. (G. Antuna)
No changes to this item. Council will be ready to consider item next week.
#17 EXECUTIVE SESSION: Called under Chapter 551 Texas Government Code,
Sub - section 551.072 - Deliberation regarding Real Estate.
The meeting was adjourned at 8:10 p.m. to convene in Executive Session. The Executive
Session ended at 8:43 p.m.
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#18 Action, if any on the subject of the above Executive Session.
Councilmember Wilenchik made a motion, seconded by Councilmember Trayhan to have
staff advise Zonejet that we will not consider leasing space and will give them an
additional 60 days from today to remove all their equipment. The motion carried 5 to 0,
and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik, and Carpenter.
NAYES: None
#19 Budget Workshop.
David Harris explained the projected spending and moving of funds within departments.
#20 Items by City Manager Taylor and Staff
General Announcements
• Gail Douglas reported that the City was awarded a grant from the Texas State
Parks and Wildlife to fund a trail.
• David Harris stated that Kramer Farms subdivision is working with engineers
and developers to work drainage issues. He also explained that he spoke with
Don McCrary and will set up a meeting to get everyone up to speed on all city
projects
#21 Items by Council
General Announcements
Councilmember Fowler
■ None
Mayor Pro Tem Scagliola
■ None
Councilmember Trayhan
■ He would like to see some type of monthly update to Council on the status of
projects being worked in the city.
Councilmember Wilenchik
■ He would like to place an item on the agenda for discussion and action
regarding voting procedures and order of items on the agenda.
Councilmember Carpenter
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■ Reported that the "Welcome to Schertz" signs on FM1518 near Savannah
were missing and he would like to see them replaced.
■ Thanked the Police Department, Public Works and the SCUCISD Police
Department for working together to resolve safety concerns regarding children
riding their bikes to school along FM 1518 and Savannah Drive.
#22 Items by Mayor
■ Not present
#23 ADJOURNMENT
The meeting was adjourned at 9:40 p.m.
ATTEST:
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