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07-01-2008 MINUTES REGULAR MEETING July 1, 2008 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on July 1, 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 John Trayhan Mayor Pro-Tern Tony Wilenchik Council Member David Scagliola 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 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: . Ms. Frances Rushing, Schertz Chamber of Commerce President updated the Council on the Jubilee events planned. Ms. Rushing also stated that an announcement on this event was held on the "Texas Country Reporter". . Mr. John Lougher, 5206 Cabana Drive, who spoke on drainage concerns. PRESENTATION . Sweetheart Court (Brittany Losey and Ashley Blumentritt) will present a slide show of their visit to Boysville. Mayor Baldwin recognized Brittany Losey and Ashley Blumentritt who presented a slide show of their recent visit to Boysville. Brittany and Ashley recognized Ms. Ferguson and Mrs. Losey and thanked them for their support and presented them a gift certificate. . Update on Schertz Fest by Brad Bailey. Mayor Baldwin recognized Media Director Brad Bailey who presented a briefPowerPoint on the upcoming Schertz Fest planned events. City Council Regular Meeting July 1, 2008 206 ANNOUNCEMENTS Council General Announcements/Events (Council): Mayor Pro-Tem Wilenchik . None. Council Member Carpenter . None. Council Member Fowler . None. Council Member Scagliola . Mentioned he recently attended the parade in Luling with the Sweetheart Court and thanked World Car in New Braunfels for donating the cars. Council Member Trayhan . None. Council General Announcements/Events (Mayor): . None. REGULAR AGENDA 1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular and Joint Worksession with Planning and Zoning on June 24, 2008. Mayor Baldwin recognized Council Member Trayhan who moved, seconded by Council Member Carpenter to approve the minutes of June 24, 2008 with corrections annotated. Vote was unanimous. Motion Carried 2. Schertz Sequin Local Government Corporation (SSLGC) FY08/09 Annual Budget and SSLGC FY08/09 Water Rates - Consideration and/or action approving SSLGC Resolution R-08-02 and SSLGC Resolution R-08-03 for the SSLGC Annual Budget and Water Rates for FY08/09. (A. Cockerell) Mayor Baldwin recognized Director of the SSLGC Corporation, Alan Cockerell who introduced this item answering questions from Council. Mayor Baldwin also recognized Mr. Ken Greenwald who is also a Director of the Corporation. Council discussed their concerns on the increase. Mayor Baldwin recognized Council Member Fowler who moved, seconded by Council Member Carpenter to approve the Schertz Sequin Local Government Corporation's Resolution R-08-02 and Resolution R-08-03 for the SSLGC Annual Budget and Water Rates for FY08/09. Vote was unanimous. Motion Carried City Council Regular Meeting July 1, 2008 207 3. Resolution No. 08-R-33 - Consideration and/or action approving a Treated Wastewater Services Agreement with Guadalupe Blanco River Authority (GBRA) and Cibolo Creek Municipal Authority (CCMA). (D. Harris) Mayor Baldwin recognized Assistant City Manager David Harris who introduced this item answering questions from Council. Mayor Baldwin also recognized Mr. Ken Greenwald and Mr. David Dennis with the Cibolo Creek Municipal Authority. Mayor Baldwin recognized Council Member Trayhan who moved, seconded by Council Member Scagliola to approve Resolution No. 08-R-33 approving a Treated Wastewater Services Agreement with Guadalupe Blanco River Authority and Cibolo Creek Municipal Authority. Vote was unanimous. Motion Carried 4. Ordinance No. 08-G-31 - Consideration and/or action approving Ordinance No. 08-G-31 setting the City Council compensation. First Reading (Mayor and Council) Mayor Baldwin recognized City Attorney Michael Spain who introduced this item answering questions from Council. Mayor Baldwin, Council Member Scagliola and Mayor Pro-Tern Wilenchik expressed that they would like to take this to the voters. Council Members Carpenter, Trayhan and Fowler stated their views regarding this item. After considerable discussion on the amounts of compensation and the amounts of the car allowance, Mayor Baldwin recognized Council Member Carpenter who moved seconded by Council Member Fowler to approve Ordinance No. 08-G-31 setting the Mayors base compensation at $300.00 per month and a $150.00 per month car allowance and the Council's base compensation at $200.00 per month with a $75.00 per month car allowance and changing Section 1 (b) from January 1, 2009 to January 1, 2010. The vote was 3-2-0 with Mayor Pro-Tem Wilenchik and Council Member Scagliola voting no. Motion Carried PUBLIC HEARINGS AND ORDINANCE APPROVAL 5. Ordinance No. 08-S-30- ZC 2008-005 Valvoline Subdivision - Consideration and/or action upon a request to rezone 1.38+/- acres ofland 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 FM-3009 Laserwash Subdivision from Office Professional District (OP) to General Business (GB). The property is on the west side of FM3009 (Roy Richard Drive) located approximately 229 feet north of Savannah Drive. First Reading (T. Rhodes/M. Nichols) Mayor Baldwin recognized Planning Manager Thomas Rhodes who introduced this item answering questions from Council. Mr. Rhodes stated the Planning and Zoning Commission met on June 25, 2008 to consider approval of a Planned Unit Development (PUD) for this property. The PUD Development Standards have been included in the Council's packet for review. The Development Standards provide the detailed regulations by which the development of the property will be governed. Since this is an existing developed property, the Development Standards will apply to any future expansion or redevelopment of the property. The Development Standards provide for a base zoning classification ofOP and all development will comply with the standards of the OP District. The only exception applicable to this property relates to the permitted uses. In order to City Council Regular Meeting July 1, 2008 208 bring the property into conformance, the existing uses on the property, Automotive Repair, Minor and Car Wash, Self Serve, are permitted by right. All other standards applicable to the OP District shall apply to this property. A PUD requires the Council to adopt a Master Development Plan and Development Standards applicable to the property. The Development Standards have been provided in accordance with Article VII, Section 7 of the Unified Development Code (UDC). Mr. Rhodes stated because this is an existing developed property, there is an existing site plan associated with the property. The existing site plan on the property may serve as the Master Development Plan for the purposes of meeting the requirements of the UDC; however, any future changes to the property will require approval of a revised site plan. Mr. Rhodes stated Article XVI, Section 7.4 authorizes the City Council to approve a requested zoning change either as requested or in the form of a more restrictive district. The requested zoning change is for the GB district; however, the Planning and Zoning Commission has recommended approval of a PUD which is a more restrictive zoning classification than what has been requested. The City Council may move to approve the requested zoning change to GB or may move to accept the recommendation of the Planning and Zoning Commission to rezone the property to PUD. At the recommendation of the Planning and ZOlling C()mmission, staff recommends Council accept the recommendation of the Commission and approve Ordinance No. 08-S-32 on first reading changing the zoning on the property from OP to PUD. Mayor Baldwin recognized Council Member Trayhan who moved, seconded by Council Member Scagliola to accept the recommendation of the Planning and Zoning Commission and approve Ordinance No. 08-S-32 on first reading changing the zoning on the property from Office Professional to Planned Unit Development. Vote was unanimous. Motion Carried DISCUSSION AND POSSIBLE ACTION 6. Proposed Charter Amendments - Discussion and consideration and/or action directing staffto prepare an ordinance for a Joint Election on November 4,2008 with the Counties of Guadalupe, Bexar and Comal for possible Charter Revision Propositions for the City of Schertz. (T. Wilenchik/M. Spain) Mayor Baldwin recognized Mayor Pro-Tern Wilenchik and City Attorney Michael Spain who introduced this item answering questions from Council. After much discussion and going through the proposed changes to the Charter, the Council concurred that there were at least 13 amendments that they agreed to place on the November ballot. Mayor Baldwin recognized Council Member Trayhan who moved, seconded by Council Member Carpenter to have staff prepare an ordinance for first reading for the proposed charter amendments. Vote was unanimous. Motion Carried ANNOUNCEMENTS - CITY MANAGER AND STAFF . General Announcements on meetings/events attended and upcoming events. City Council Regular Meeting July 1, 2008 209 Mayor Baldwin recognized Assistant City Manager David Harris who announced he attended the Texas Municipal League meeting and mentioned the following updates: property caps, appraisal caps, information on the sales tax initiative. Mr. Harris also mentioned that he had a meeting with City Attorney Michael Spain to discuss a possible Venue Tax Proposition and a Municipal Development District Proposition which possibly will go on the November 4, 2008 ballot to the voters. Mayor Baldwin recessed the regular meeting to executive session at 9: 15 p.m. 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. Section 551.074 - Deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of the City Secretary. Mayor Baldwin reconvened regular meeting at 10: 3 6 p.m. 7. Take any additional action deemed necessary as a result of the Executive Session. No action was taken. ADJOURNMENT As there was no further action, Mayor Baldwin adjourned the meeting at 10:38 p.m. ATTEST: ~~c~~~ Brenda Dennis, TRMC, CMC City Secretary City Council Regular Meeting July 1, 2008 210