04-15-2008
MINUTES
REGULAR MEETING
April 15, 2008
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on April
15, 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
Council Member David Scagliola
Council Member Tony Wilenchik
Mayor Pro-Tern John Trayhan
Council Member Jim Fowler
Council Member Michael Carpenter
Staff Present: City Manager Don Taylor
Assistant City Manager David Harris
Assistant City Manager John Bierschwale
City Secretary Brenda Dennis
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.
HEARING OF RESIDENTS
Mayor Baldwin recognized the following:
. Frances Rushing, President of the Schertz Chamber announced the following:
Attended the TML seminar on Tourism last week, and commended the EDC department for
their participation with the Chamber in putting together gift bags for all the attendees. That
evening she attended the TML Region VII meeting and expressed that she is very proud to be
representing the City of Schertz and the Schertz Chamber.
She has accepted a position of vice-president of development for the new SCUCISD
Foundation Board.
A new member reception for Chamber members will be held tomorrow night. This is a new
program, and the Chamber plans a reception every quarter recognizing new members. Great
responses for our first event, 60 RSVP's have been received.
The Chamber luncheon will be April 25, 11 :30 a.m., in the Schertz Civic Center. Penny
Powers will be the speaker.
July 4th Jubilee updates on the new schedule and the proposed admission fees on certain days
of the event.
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Meet the candidate forum at the Community Center is schedule April 20, from 6 p.m. to 8 p.m.
. Brenda Dennis, City Secretary reminded .everyone of the upcoming May 10, 2008 Joint
Election with the Schertz, Cibolo Universal City ISD. She stated that early voting will
begin Monday April 28, 2008 and ends Tuesday May 6, 2008, and will be held at the
Elections Annex Office, 1101 Elbel Road, Ste. 7 Schertz, Texas on May 10, 2008. Election
Day voting will be held at the Schertz Community Center from 7 a.m. to 7 p.m. Schedules
are available on the City's web site.
. Ted Myers, Kung Jung Mu SuI of Schertz, came forward inviting everyone to participate in
an auction to raise money for their students and families who have been invited to represent
the United States in a competition with over 2,000 competitors from around the world, as
part ofthe USA Tae Kwon Do Team.
. David Harris, Assistant City Manager introduced Miss Fiesta, Ashley Mayle who came
forward and thanked the city for their support.
ANNOUNCEMENTS
Council General Announcements:
Mayor Pro-Tem Trayhan
. Mentioned he attended the April 10, 2008 TML Region VII meeting that was hosted by the
City of Schertz and thanked the staff for their efforts in making it a success. He also
mentioned he attended the Schertz Housing Authority meeting on Monday.
Council Member Fowler
. Mentioned he also attended the April 10, 2008 TML Region VII meeting and also thanked
staff. He mentioned at the last meeting he had concerns regarding the award of a contract
for the pool, since then he has received information from staff and is fully satisfied.
Council Member Scagliola
. Mentioned he also attended the April 10, 2008 TML Region VII meeting and also thanked
staff. He stated that all in attendance congratulated the city for its success and that even the
Mayor of Kerrville commented that the City of Schertz had set the bar very high.
Mentioned he needed to report some voting irregularities, he believes that there was some
ballot stuffing going on in regards to the Grackle King contest. The "Grumpy" ballot box
is overflowing.
Council Member Wilenchik
. Mentioned that as the TML Board Directors representative he volunteered the City of
Schertz to host the TML Region VII over a year ago. He thanked all the staff for their hard
work in making it a great success. He stated that there were over 101 in attendance which
represented over 26 cities.
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Council Member Carpenter
. Thanked everyone involved in the success of the recent TML Region VII meeting. He also
mentioned he attended the Planning and Zoning Commission meeting last week and
reminded everyone of the up coming training session on April 28, 2008 at 6 p.m. in the
Council Chambers for the Planning and Zoning Commission and the Board of Adjustments
Commission and invited the Council to attend.
Council Member Carpenter also mentioned the Grackle King contest and that his candidate
for Grackle King would be Mr. Richmond since he has the love for the birds, but that he
didn't have a ballot box, therefore he had to vote for Grumpy.
Items by Mayor
. Mentioned the great success of the recent TML Region VII meeting that was hosted by the
City. Mayor Baldwin stated that the bar was set very high for the Mayor of Kerrville,
which will be hosting the next meeting and baited him with the idea of hosting a golf
tournament which might bring a higher number for attendance.
Mayor Baldwin announced that the Historical Preservation Commission will be meeting
this Thursday, at the City Council Conference room at 6:30 p.m.
Mayor Baldwin mentioned that Chase Bank will be hosting "Family Day" in Prickle Park
on April 19, from 10 a.m. to 3 p.m. recognizing military families.
Mayor Baldwin mentioned that Item #15 would be moved to the beginning of the agenda.
DISCUSSION AND POSSIBLE ACTION
15. Resolution No. 08-R-16 - Discussion and consideration and/or action on approving two
development agreements in connection with the development of approximately 458 acres
located within the extraterritorial jurisdiction of the City of Schertz, Texas naming a
member of the Board of Directors of the Crestmark Public Improvement District and other
matters in connection therewith. (M. Spain)
Mayor Baldwin recognized City Attorney Michael Spain who introduced this item pointing
out the issues of the agreement answering questions from Council. Mr. Spain recognized
David Earl, Attorney for Crestmark Homes SA, LLC who came forward further explaining
this item answering questions from Council. After considerable discussion Mayor Baldwin
recognized Council Member Carpenter who moved seconded by Mayor Pro-Tern Trayhan
to approve Resolution No. 08-R-16 authorizing the City Manager to execute two
development agreements in connection with the development of approximately 458 acres
located within the extraterritorial jurisdiction of the City of Schertz, Texas naming a
member to the Board of Directors of the Crestmark Public Improvement District, and other
matters in connection therewith. Vote was unanimous. Motion Carried
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REGULAR AGENDA
1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular
Meeting of April 8, 2008.
Mayor Baldwin recognized Mayor Pro-Tern Trayhan who moved, seconded by Council
Member Carpenter to approve the minutes of April 8, 2008. Vote was unanimous. Motion
Carried
2. Bid Award 08-PK-10-A-02 - Consideration and/or action awarding a bid to YMCA of
Greater San Antonio for a Swimming Pool Management Agreement. (G. Logan) This item
was presented on 4/8/08 - being brought back for details.
Mayor Baldwin recognized Parks & Recreation Director George Logan who introduced
this item answering questions from Council. Mr. Logan stated that at the last meeting
Council had some questions as well as legal concerns. Mr. Logan stated that the City
Attorney has reviewed and revisions have been made to the agreement. Mayor Baldwin
recognized Mayor Pro-Tern Trayhan who moved, seconded by Council Member Scagliola
to approve awarding the bid to YMCA of Greater San Antonio for a Swimming Pool
Management Agreement. Vote was unanimous. Motion Carried
3. Bid No. 08-PW-09-D-01 - Consideration and/or action awarding a bid for the E. Aviation
Low Water Crossing Drainage Improvements. (S. Willoughby)
Mayor Baldwin recognized Public Works Director Sam Willoughby who introduced this
item answering questions from Council. Mayor Baldwin recognized Council Member
Fowler who moved, seconded by Council Member Scagliola to award the bid to Winco
Contractors in the amount of$427,691.56. Vote was unanimous. Motion Carried
4. Ordinance No. 08-D-18 - Consideration and/or action approving an ordinance amending
Section 86-115 of the Schertz Code of Ordinances revising maximum limits on specific
streets and providing a repealing clause. (Baptist Health Drive) Final Reading (B. Todd)
Mayor Baldwin recognized Police Chief Steve Starr who stated that there had been no
changes to the ordinance since the first reading. Mayor Baldwin recognized Mayor Pro-Tern
Trayhan who moved seconded by Council Member Scagliola to approve Ordinance No. 08-
D-18 final reading. Vote was unanimous. Motion Carried
5. Ordinance No. 08-M-19 - ZC2008-003 - Consideration and/or action on approval of final
reading of an ordinance to change a street name for a portion of Ware-Seguin Road. Final
Reading (T. Rhodes)
Mayor Baldwin recognized Planning Director Thomas Rhodes who introduced this item
stating that no changes had been made since first reading. Mayor Baldwin recognized
Council Member Carpenter, who moved seconded by Mayor Pro-Tern Trayhan to approve
Ordinance No. 08-M-19 final reading. Vote was unanimous. Motion Carried
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6. Ordinance No. 08-S-20 - SUP2008-001 - Consideration and/or action on approval of final
reading of an ordinance for a Specific Use Permit to allow for residential uses on Lots 27 -45,
Block 3 - the future Schertz Forest Subdivision. Final Reading (T. Rhodes)
Mayor Baldwin recognized Planning Director Thomas Rhodes who introduced this item
stating that no changes had been made since first reading. Mayor Baldwin recognized
Council Member Carpenter, who moved seconded by Mayor Pro-Tern Trayhan to approve
Ordinance No. 08-S-20 final reading. Vote was unanimous. Motion Carried
7. Resolution No. 08-S-22 - Consideration and/or action regarding approval of a resolution
establishing the fee schedule for sign permits. (T. Rhodes)
Mayor Baldwin recognized Planning Director Thomas Rhodes who introduced this item
stating that when the sign ordinance was passed the fee schedule was not attached. He stated
that this is the fees associated with the sign ordinance that Council recently passed. Mayor
Baldwin recognized Mayor Pro-Tern Trayhan who moved seconded by Council Member
Fowler to approve Resolution No. 08-S-22. Vote was unanimous. Motion Carried
8. Ordinance No. 08-H-16 - Consideration and/or action on approving final reading of an
. Ordinance of the City of Schertz, Texas providing that the Code of Ordinances, for the City
of Schertz, Texas, Chapter 54, Nuisances, be amended by deleting Chapter 54, Nuisances
and replacing same with a revised Chapter 54, Nuisances; providing a penalty clause;
providing servability clause; providing a repealing clause; and providing an effective date.
Final Reading (L. Truitt)
Mayor Baldwin recognized Director of Development Services Leonard Truitt who
introduced this item answering questions from Council. Mr. Truitt stated that changes
were completed to the ordinance as requested by Council at their meeting of April 8, 2008.
Mayor Baldwin recognized Council Member Wilenchik who asked if section 54-34 c could
read as follows: "A vehicle or vehicle parts covered by this Article stored by an owner on
the owner's property, if the motor vehicle or parts and the outdoor storage area are
maintained in a manner so that they do not constitute a health hazard and are screened from
ordinary public view by means of a fence. Any variations from this section must have the
approval of "City Council", Council Members concurred.
Mayor Baldwin recognized Council Member Wilenchik who moved seconded by Council
Member Carpenter to approve Ordinance No. 08-H-16 with the changed noted to section 54
34 c. Vote was unanimous. Motion Carried
9. Ordinance No. 08-D-22 - Consideration and/or action approving an ordinance amending
Section 86-115 of the Schertz Code of Ordinances revising maximum limits on specific
streets and providing a repealing clause. (Ripps-Kreusler) (B. Todd) First Reading
Mayor Baldwin recognized Police Chief Steve Starr who introduced this item answering
questions from Council. Chief Starr stated the need to reduce the speed on Ripps-Kreusler to
20 mph. Mayor Baldwin recognized Mayor Pro-Tern Trayhan who moved seconded by
Council Member Carpenter to approve Ordinance No. 08-D-22 first reading. Vote was
unanimous. Motion Carried
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10. Ordinance No. 08-M-23 - Consideration and/or action approving an ordinance appointing
the City Secretary and Deputy City Secretary as the designees for the officer for public
information; and other matters in connection therewith. First Reading (D. Taylor)
Mayor Baldwin recognized City Attorney Michael Spain who introduced this item answering
questions from Council. Mayor Baldwin recognized Council Member Fowler who moved
seconded by Council Member Carpenter to approve Ordinance No. 08-M-23 on first reading.
Vote was unanimous. Motion Carried
DISCUSSION AND POSSIBLE ACTION
11. City Hall Renovations - Discussion and consideration and/or action regarding the proposed
City Hall Renovation. (L. Truitt)
Mayor Baldwin recognized Director of Development Services Leonard Truitt who
introduced this item answering questions from Council. Council had concerns regarding
what is in City's reserve fund. Staff stated the information would be provided at the next
meeting. No action taken.
12. City Council Board Liaison Practices - Discussion and consideration and/or action
regarding the activity and practice of maintaining Council liaisons to City boards,
committees and commissions. (M. Carpenter)
Council Member Carpenter asked that this item be brought back at the next meeting due to
the time that it was this evening. No action taken.
13. Fund Raising Consultant Contract - Discussion and consideration and/or action
regarding hiring a fundraising firm for the new Library. (G. Douglas)
Mayor Baldwin stated that this item had been pulled from the agenda. No action taken
14. Zoning and ad valorem tax exemptions - Discussion by City Attorney relating to zoning
and ad valorem tax exemptions.
Mayor Baldwin recognized City Attorney Michael Spain who stated after research relating
to zoning and ad valorem tax exemptions a proposal has been developed for Council
consideration. He reminded Council that zoning changes are fully discretionary and
Council has the right to deny any change within the City.
Mr. Spain explained the proposal would delete multi-family housing in any category;
without affecting existing multi-family zoning, which would be grandfathered. He pointed
out that in some designated areas multi-family housing might be appropriate, if that were
the case Council could consider approving a specific use permit. When considering any
property zone change, one thing to consider is whether the property can pay its own way
for city services, which means is the property on the tax roll, and is the City receiving
taxes. If not, during the specific use permit process the Council may impose a restriction to
the property owner for the term of the permit in two ways: a) pilot payment - paid in lieu of
taxes; equal to taxes paid to the city if the property were on the tax roll, or b) provide other
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benefits or services to be considered by council that would benefit residents in question or
the surrounding neighborhood.
Mr. Spain stated the developer of the property would like to meet with the Mayor and City
Manger to apologize for comments made by his attorney at the last meeting. Mr. Spain
added that after speaking with the developer, he believes the developer would be agreeable
to some type of benefit or service for the proposed development within the City. Mayor
Baldwin stated he is ready to meet. No Action Taken
ANNOUNCEMENTS - ITEMS BY CITY MANAGER TAYLOR AND STAFF
Mayor Baldwin recognized Assistant City Manager John Bierschwale who reminded everyone of
the upcoming May 2, Relay for Life Cancer Walk which starts at 7 p.m. at Steele High School in
Cibolo.
Mayor Baldwin recognized Assistant City Manager David Harris who reminded Council and
citizens that Tuesday, April 29 is the 5th Tuesday of the month and the City Council will not be
holding a meeting. Mr. Harris also reminded everyone of the April 24, 2008 Open House at the
Appraisal District Office from 3 p.m. to 5 p.m.
EXECUTIVE SESSION
Called under Section 551.071 Litigation; Section 551.072 Texas Government Code -
Deliberation regarding the purchase, exchange, sale, lease, or value of real property and
Section 551.074 - Deliberate the appointment, employment, evaluation, reassignment, duties,
discipline or dismissal of the City Engineer.
Council did not meet in executive session.
ADJOURNMENT
As there was no further action, Mayor BaldWi~2:
Hal Baldwin, Mayor
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Bre:lrtla: Deimls, TRM , CMC City Secretary
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