06-10-2008MINUTES
REGULAR MEETING
June 10, 2008
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on June 10,
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 Jim Fowler
Council Member Tony Wilenchik
Staff Present: City Manager Don Taylor
Assistant City Manager John Bierschwale
CALL TO ORDER REGULAR MEETING
Mayor Pro -Tem John Trayhan
Council Member David Scagliola
Council Member Michael Carpenter
Assistant City Manager David Harris
City Secretary Brenda Dennis
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 Fowler 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:
• Jan Wilson, 5218 Cabana Drive spoke on resident input for the UDC and sidewalks on FM3009.
• Richard Coon, 3705 Forsyth Park spoke on approval of Item Number 7.
• Robert Brockman, 1000 Elbel spoke on speed limit sign for city parking lot, and stated that he had
given this project to TSAC. He also spoke on the new signs posted at HEB "no thru traffic ".
ANNOUNCEMENTS
Council General Announcements:
Mayor Pro -Tem Trayhan
• Thanked the Schertz 501h Anniversary Committee and everyone involved for the 50th
Birthday Party event given on Friday, June 6, 2008.
• Thanked neighborhood citizens, Police, Fire and EMS for their recent efforts in locating a
missing 5 year old.
Council Member Fowler
• Asked the Council if they would consider placing an item on the next agenda to discuss the
possibility of a citizen group or appoint staff to do an analysis of what would be
appropriate compensation for Council.
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June 10, 2008
Council Member Scagliola
• Stated he also attended the 50th Anniversary Birthday Party event given Friday, June 6,
2008 and publically thanked everyone involved in the success.
• Stated he attended an event sponsored by the Schertz Sweetheart Court at Boysville and
thanked the Sweethearts for making the event successful, an update would be brought to
Council at a future meeting.
Council Member Wilenchik
• Stated that he has had his in -laws here for 28 days, which is 1680 hours and had no life —
so he has nothing to report.
Council Member Carpenter
• None.
Items by Mayor
Mayor Baldwin stated he attend the recent Austin/San Antonio Commuter Rail meeting and
reported the following information regarding the reasons for moving Union Pacific off the
tracks:
• Great safety issues
• Tremendous slope north bound going into Austin
• Increase of rail freight — longer trains, longer wait times at signals
• EPA clean air issues
REGULAR AGENDA
Mayor Baldwin stated that items 7 and 8 will be moved to the front of the agenda.
7. Resolution No. 08 -R -28 — Consideration and /or action approving a resolution amending
Resolution No. 06 -R -02, to revise Section 1 Composition: Appointment and Terms to
include two (2) alternate positions and amending Section 6 Meetings: Quorum from four to
five members. (G. Logan)
Mayor Baldwin had recognized Richard Coon, Parks and Recreation Board Chair earlier
under Hearing of Residents who stated that he and the board were in concurrence with the
changes being proposed.
Mayor Baldwin recognized Mayor Pro -Tem Trayhan who moved, seconded by Council
Member Scagliola to approve Resolution No. 08 -R -28. Vote was unanimous. Motion
Carried
BOARDS /COMMISSIONS
8. Appointment/Reappointment to Boards and Commissions /Committees — Consideration
and /or action regarding resignation and /or appointments /reappointments to Boards and
Commission/Committees. (Mayor /Council)
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June 10, 2008
Mayor Baldwin recognized Mayor Pro -Tern Trayhan who moved, seconded by Council
Member Scagliola to reappointment Richard Coon, Aundra Davis, Sally Macias, and
Jeffrey Siebert and to also appoint Mark Davis and Robert Wallace to serve as alternates.
Vote was unanimous. Motion Carried
1. Minutes - Consideration and /or action regarding the approval of the minutes of the Regular
Meeting of June 3, 2008.
Mayor Baldwin recognized Council Member Scagliola who moved, seconded by Council
Member Fowler approve the minutes of June 3, 2008. Vote was unanimous. Motion
Carried
2. Ordinance No. 08 -D -28 — Consideration and /or action approving an ordinance amending
Section 18 -76, Maximum limits on Specifics Streets. (FM 3009) Final Reading (F. Salazar
with TxDot/J. Bierschwale)
Mayor Baldwin recognized City Manager Don Taylor who introduced this item answering
questions from Council. Mayor Baldwin recognized Council Member Carpenter who
moved seconded by Council Member Fowler to approve Ordinance No. 08 -D -28 final
reading. Vote was unanimous. Motion Carried
3. Ordinance No. 08 -G29 — Consideration and /or action approving Ordinance No. 08 -G -29
repealing Ordinance No. 74 -G -38 setting the City Council compensation at Zero (0). Final
Reading
Mayor Baldwin recognized the Council Members who stated their views for or against this
item. Mayor Baldwin recognized Council Member Wilenchik who moved, seconded by
Mayor Pro -Tern Trayhan to approve Ordinance No. 08 -G -29 final reading. Vote was 3 -2 -0
with Council Members Fowler and Carpenter voting no. Motion Carried
4. Resolution No. 08 -R -27 — Consideration and /or action approving an Intergovernmental
Agreement for On -Site Sewage Facilities Regulations with Comal County. (D. Harris /J.
Bierschwale)
Mayor Baldwin asked that council postpone this item and moved this to the June 17,
2008 meeting.
5. EMS Write-Offs — Consideration and/or action regarding approval of the EMS write-offs
as per City policy. (D. Wait)
Mayor Baldwin recognized EMS Director Dudley Wait who introduced this item
answering questions from Council. Mayor Baldwin recognized Mayor Pro -Tem Trayhan
who moved, seconded by Council Member Wilenchik to approve the write -off amount of
$1,204,999.60. Vote was unanimous. Motion Carried
6. Resolution No. 08 -R -29 — Non - Consensual Towing Agreement — Consideration and /or
action approving a resolution for a franchise agreement with Roadrunner Towing. (S. Starr)
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Mayor Baldwin recognized Chief Starr who introduced this item answering questions from
Council. Mayor Baldwin recognized Council Member Fowler who moved, seconded by
Council Member Carpenter to approve Resolution No. 08 -R -29. Vote was unanimous.
Motion Carried
9. Resolution No. 08 -R -30 - Development Agreement with RDO Equipment and Budget
Transfer — Consideration and /or action approving a development agreement with RDO
Equipment in the amount of $38,858 and authorizing a budget transfer. (J. Jewell)
Mayor Baldwin recognized Economic Development Specialist Jeff Jewell who introduced
this item answering questions from Council. Mayor Baldwin recognized Mayor Pro -Tern
Trayhan who moved, seconded by Council Member Carpenter to approve Resolution No.
08 -R -30 for a development agreement with RDO Equipment in the amount of $38,858 and
authorizing a budget transfer. Vote was unanimous Motion Carried
PUBLIC HEARINGS AND ORDINANCE APPROVAL
10. Ordinance No. 08 -S -30- ZC 2008 -005 Valvoline Subdivision — Conduct a public hearing
and consideration and /or action upon a request to rezone 1.38 + /- acres of land out of the T.
Herrera Survey No. 68, Abstract No. 153, City of Schertz, Guadalupe County, Texas being
Lot 1, Block 1 of the Valvoline Subdivision and Lot 1, Block 1 of the FM3009 Laserwash
Subdivision from Office Professional District (OP) to General Business District (GB). The
property is on the west side of FM3009 (Roy Richard Drive) located approximately 229 feet
south of Savannah Drive. First Reading (T. Rhodes /M. Nichols) (Recommendation to
postpone public hearing and move to June 17, 2008)
Mayor Baldwin recognized Planner II, Misty Nichols who introduced this item answering
questions from Council. Ms. Nichols stated that the Planning and Zoning Commission
postponed their public hearing due to several concerns and questions they had for the
applicant. She stated that the Planning and Zoning Commission also recommended that the
City Council postpone the public hearing until June 17, 2008, and that the Commission
would be meeting on June 11, 2008 to finalize any matters before bringing it back to
Council.
Council Members discussed this issue of opening the public hearing or just postponing it to
the next meeting. After considerable discussion, Mayor Baldwin opened the public hearing
and asked for public comment and recognized the following:
• Mr. Robert Brockman, 1000 Elbel Road
• Mr. David Richmond, Chair of the Planning & Zoning Commission who spoke in
favor of postponing the public hearing.
Mayor Baldwin recognized Mayor Pro -Tern Trayhan who moved, seconded by Council
Member Fowler to continue the public hearing to the June 17, 2008 City Council meeting
based on the City Attorney's advice. Vote was 4 -1 -0 with Council Member Carpenter
voting no. Motion Carried
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June 10, 2008
ANNOUNCEMENTS — CITY MANAGER AND STAFF
• General Announcements on meetings /events attended and upcoming events
Mayor Baldwin recognized City Manager Don Taylor who spoke on the UDC issues that were
brought up under "Hearing of Residents" and stated that he would be getting with Ms. Wilson to
discuss the issues. Mayor Baldwin recognized Assistant City Manager John Bierschwale who
gave an update on the Green Valley fire hydrant issue.
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.
City Council did not meeting in Executive Session.
11. Take any additional action deemed necessary as a result of the Executive Session.
No action taken.
ADJOURNMENT
As there was no further action, Mayor Baldwin adjourned the meting at 7:45 p.m.
Hal Baldwin, Mayor
ATTEST:
Brenda ennis, TRMC, MC City Secretary
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June 10, 2008