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.
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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
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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
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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.
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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
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