09-11-2007-Regular SessionMINUTES
REGULAR SESSION
SEPTEMBER 11, 2007
The Schertz City Council convened in Regular Session on Tuesday, September 11, 2007, at 6:30
p.m., in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building 94,
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, City Secretary Judy Tokar and City Attorney
Michael Spain.
#1 CALL TO ORDER.
Mayor Baldwin called the meeting to order at 6:30 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.)
Both pledges were recited.
#3 HEARING OF RESIDENTS.
Frances Rushing, President of the Schertz Chamber of Commerce, gave an update about the
Schertz Chamber of Commerce happenings including the Network Connection on September
14`n sponsored by SAMs Club on Judson Road. The Chamber is also in the middle of the
Membership Drive and is waiving the $35 administrative fee for anyone wishing to join. The
membership goal of the Schertz Chamber is 250 members by December l Ocn
Robert Brockman, Resident -1000 Elbel Road, #411, asked about the TSAC meeting for
September not being posted and for an update on the question he posed a week ago about the
speed limit on Live Oak Road; inquired about the status of the Post Office property; commented
on the additional flags on Schertz Parkway; inquired about whether or not GVEC will replace the
wooden poles with metal ones on Schertz Parkway during the construction; and pointed out that
the lights were not working on the welcome sign on Schertz Parkway.
#4 Items by Council
Mayor Pro -Tem Scagliola
• Asked if a copy of the proposed City Budget, in its entirety, will be made available to
the public posted on the web site.
• Also thanked those responsible for the banners being placed on Country Club
Boulevard.
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Councilmember Fowler
• Reported that he did attend a meeting Wednesday night of the residents of Greenfield
Village and the Developer. He asked if someone could look at the traffic on FM 3009
at the entrance of the Greenfield Village subdivision.
Councilmember Trayhan
■ None
Councilmember Wilenchik
• Residents didn't seem overly enthusiastic by the rezoning efforts at Greenfield
Village.
• The issue on FM 3009 is extremely dangerous with vehicles attempting to make left -
hand turns. He suggested the issue be turned over to TSAC for their review.
• Mr. Taylor conducted opening remarks at the Operation Homefront Ceremony for the
9 -11 Freedom Walk at Brackenridge Park today.
• Attended the Schertz Chamber Board meeting where they discussed the Sweethearts
of Schertz event Saturday and the proposal to bring the salary of the Administrative
Assistant to $10.00 an hour in order to remain competitive with the market.
• Attended the Commissioners Court Meeting. The Guadalupe County Veterans
Service Officer caseload reflects 191 working Veterans cases -101 cases from Schertz
and 90 from Seguin. The Veterans office will be closed the week of October 8 -12.
The DAV and Auxiliary Chapter 61, will hold a POW -MIA Remembrance Program
on September 15th, at the Veterans Memorial Monument on the Courthouse grounds
in Seguin.
Councilmember Carpenter
• Announced that Vera Montgomery, 22 -year employee of the Schertz Library, and
first ever Library Clerk ever hired full -time at the Library, passed away yesterday.
Her services are scheduled for Friday, September 14th, at 4:00 p.m. at the Schertz
Funeral Home.
• Mr. Carpenter also expended his thanks to Assistant City Manger John Bierschwale
and the Public Works Staff for their effort in continuing to find a way to protect the
bike lane at Schertz Parkway and Savannah Drive.
#5 Mayor Baldwin
• Commented that he heard about a Schertz Police Officer that pulled a man from a cab
of a dump truck prior to the truck being hit by a train. The Mayor asked if any formal
recognition was forthcoming for our officer.
#6 PRESENTATION: Quarterly Progress Report from Schertz Cibolo Universal City ISD.
Mayor Baldwin introduced Dr. Belinda Pustka, SCUCISD Superintendent, who introduced Mr.
Terry Hinze from the Schertz, Cibolo, Universal City Independent School District. He presented
an update from the school district on current and ongoing projects. He also indicated during the
slide presentation that the SCUCISD taxes for FY 1007 -08 were being reduced over last year.
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#7 PUBLIC HEARING:
A) 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 owned by the
school district and 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. (L. Truitt)
*Removed from agenda. This Public Hearing was held previously.
B) ORDINANCE: Discussion and action on first reading of an Ordinance amending
the Unified Development Code (UDC) Ordinance 96 -S -28 by rezoning 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). (L. Truitt)
Discussion regarding impact fees as they apply to the school district. Councilmember Fowler
suggested an agenda item at the School District Board Meeting to make a formal request to the
District to pay the impact fees on this project. The Mayor, Mayor Pro -tem Scagliola, and
Councilmember Carpenter suggested that this is a legislative issue.
The motion was made by Councilmember Trayhan, and seconded by Councilmember Scagliola
to approve the first reading of the Ordinance and establish the PUB zoning. The motion carried
4 -1 and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, and Carpenter
NAYES: Councilmember Wilenchik
#8 PUBLIC HEARING: (2nd)
A) To receive public comment on the proposed ad valorem tax.
The Public Hearing was opened at 7:18 p.m.
Assistant City Manager David Harris commented about the current and proposed tax rate.
The Public Hearing on the 2007 -08 Budget is scheduled to be held on September 25, 2007.
With no comment received from the public, the hearing was closed at 7:20 p.m.
ACTION ITEMS:
#9 Discussion on the proposed budget for Fiscal Year 2007 -2008. (Public Hearing
scheduled for September 25, 2007)
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Brief discussion was held concerning the FY 2007 -08 Budget. Mr. Harris, Assistant City
Manager, briefly covered the upcoming budget schedule and pointed out the budget changes
from the previous week. Mr. Bierschwale, Assistant City Manager, noted there was discussion at
the Schertz Chamber meeting where the Chamber Board voted to increase the Administrative
Secretary's salary to $10.00 per hour. There will be no cost to the City this year.
#10 MINUTES: Approve minutes of regular session August 10, 2007, and Joint Session
August 15, 2007.
The motion was made by Councilmember Trayhan, and seconded by Councilmember Scagliola
to approve the minutes for the regular session August 10, 2007, and Joint Session August 15,
2007, with corrections. The motion carried 5 -0 and was as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter
NAYES: None.
#11 ORDINANCE: Discussion and action on final 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 by the employees of the City; and establishing an
effective date for the ordinance. (D. Dykes)
ORDINANCE NO. 07-M-39
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 by the employees of the City; and establishing an
effective date for the ordinance.
The motion was made by Councilmember Trayhan, and seconded by Councilmember Carpenter
to approve the final reading of the Ordinance approving updated service credits with the Texas
Municipal Retirement System, and increase the rate of deposit from 6 to 7 percent with
appropriate City match. The motion carried 5 -0 and was as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter
NAYES: None.
#12 ORDINANCE: Discussion and on action on final reading of an Ordinance amending
the Unified Development Code (UDC) Ordinance 96 -S -28 by granting a specific use
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September 11, 2007
permit for 2.3367+ acres of land 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)
ORDINANCE NO. 07-S-38
An Ordinance amending the Unified Development Code (UDC) Ordinance
96 -S -28 by granting a specific use permit for 2.3367+ acres of land 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
The motion was made by Councilmember Carpenter, and seconded by Councilmember Trayhan
to approve the final reading of the Ordinance granting a Specific Use Permit for commercial use
in the AICUZ. The motion carried 5 -0 and was as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter
NAYES: None.
#13 Discussion and action on marketing and public relations program to promote the
City. (B. Bailey, B. Gildea and D. Harris)
A presentation was given by City staff members David Harris, Brad Gildea and Brad Bailey
addressing ways to promote Schertz in general, and the fact that Schertz was named #40 in the
nation and #1 in Texas. The presentation ended with a suggestion for Council to conduct
strategic planning and management, and use a more targeted and economical approach to
marketing the City. Councilmember Carpenter asked the team to come up with a funding plan
and schedule time for strategic planning after the budget process is finished. City Council asked
the presenters to come back to them with some additional options, particularly for marketing the
50th Anniversary and Schertz' selection as #40 in the nation and #1 in Texas. No action taken.
#14 Discussion and action to appoint member to the Parks and Recreation Advisory
Board. (G. Douglas)
Item was moved up to Item #8 on the agenda per Councilmember Carpenter's request.
Gail Douglas presented Dr. Mustapha Debboun for appointment to the Parks and Recreation
Advisory Council.
The motion was made by Councilmember Carpenter, and seconded by Councilmember Trayhan
to appoint Mr. Debboun to the Parks and Recreation Advisory Board. The motion carried 5 -0
and was as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter
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September 11, 2007
NAYES: None.
DISCUSSION ITEMS:
#15 ORDINANCE: Discussion on 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. (T. Rhodes)
Mr. Rhodes stated there were no changes and the Ordinance is ready to go. Councilmember
Carpenter asked if all the changes requested by the citizens have been made to this Ordinance.
Councilmember Fowler clarified that all resident concerns have been addressed. Mr. Rhodes
assured the Councilmembers they had resolved all issues.
#16 EXECUTIVE SESSION: Called under Chapter 551 Texas Government Code, Sub-
section 551.072 - Deliberation regarding Real Estate and Sub - Section 551.074 —
Personnel Matters — Evaluation of the City Secretary and Appointing an Alternate
Municipal Court Judge for Teen Court.
The meeting was adjourned at 8:25 to convene in Executive Session. The Executive Session
ended at 10:51 p.m.
#17 Action, if any on the subject of the above Executive Session.
Action regarding Appointing an Alternate Municipal Court Judge for Teen Court:
The motion was made by Councilmember Carpenter, and seconded by Councilmember Trayhan
to appoint Darrell Dullnig as Alternate Municipal Court Judge for Teen Court. The motion
carried 5 -0 and was as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter
NAYES: None.
Action regarding Real Estate:
The motion was made by Councilmember Fowler, and seconded by Councilmember Trayhan to
approve the Resolution for the Purchase and Sale Agreement of the Charles L. Cema property in
the amount of $130,050.00. The motion carried 5 -0 and was as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter
NAYES: None.
Action receding Evaluation of City Secretary:
No Action Taken
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#18 Items by City Manager Taylor and Staff
None.
#19 ADJOURNMENT.
The meeting was adjourned at 10:55 p.m.
ATTEST:
Inte + Ci S retary, City of Schertz
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September 11, 2007