11-04-08
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MINUTES
REGULAR MEETING
November 4, 2008
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
November 4, 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 Mayor Pro-Tern Tony Wilenchik
Council Member Jim Fowler Council Member David Scagliola
Council Member John Trayhan Council Member Michael Carpenter
Staff Present: City Manager Don Taylor Assistant City Manager John Bierschwale
Assistant City Manager David Harris City Attorney Michael Spain
City Secretary Brenda Dennis Deputy City Secretary Mary Ybarra
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
ofthe United States and State of Texas.
HEARING OF RESIDENTS
Mayor Baldwin recognized the following:
. Francis Rushing, Schertz Chamber of Commerce President, who announced the following:
- Chamber monthly luncheon went well; speaker Marty Wender did a great job.
- Thanked Mayor Baldwin and Council Member Scagliola for attending ribbon cutting for
Cut n' Style.
- November 12, 2008 at 1 :00 p.m. is ribbon cutting for Dr. Holmes office (Sport
Occupational and Knee Surgery) located on FM3009.
. Melba Smith, 206 Aero who gave an update on funds ($331.45) raised at the Pumpkin
Patch, Pickrell Park.
. David Scagliola, 3418 Foxbriar who thanked Assistant City Manager John Bierschwale for
being instrumental in the clean-up and removal of dirt piles (parking area) at the
Northcliffe election site.
. Patt Haugen, 3421 C1iffside Drive who spoke and provided Council with photos of
sidewalk and street issues along Cliffside Drive. She asked for a status on repairs for
sidewalk and street.
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. Tony Wilenchik, 1040 Ivory Creek, who provided Council with update of School Board
meeting regarding redistricting. A committee has been formed, and at a meeting on
November 22, 2008 the committee will discuss the redistricting matter. He asked that
anyone with an interest attend the meeting that he and the Mayor will attend.
. Jeff Kahn 206 Cliffside Drive who gave his support for the development (item 6, specific
use permit) adjacent his property, he believes the business is suited for the area.
. Jim Fowler, 1057 Boxer Pass who also spoke on voting issues at the Northcliffe election
site having to do with Schertz residents not being recognized, because of their address on
driver's license.
REGULAR AGENDA
1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular
Meeting of October 28,2008.
Mayor Baldwin recognized Council Member Trayhan who moved, seconded by Council
Member Fowler to approve the minutes of October 28, 2008. Vote was unanimous.
Motion Carried
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2. Resolution No. 08-R-49 - Consideration and/or action on an Interloca1 Agreement with
Schertz-Cibolo-Universal City ISD relating to sewer line facilities. (M. Spain). (This item
was brought back to Council at the request of City Attorney)
Mayor Baldwin recognized City Attorney Michael Spain who introduced this item answering
questions from Council. Mayor Baldwin recognized Council Member Scagliola who moved,
seconded by Mayor Pro-Tern Wi1enchik to approve Resolution No. 08-R-49. Vote was
unanimous. Motion Carried
3. Ordinance No. 08-T-50 - Consideration and/or action relating to Reinvestment Zone
Number Two, City of Schertz, Texas authorizing Final Project Plan and Reinvestment
Zone Financing Plan for the Zone, including reaffirming certain appointments to the Board
of Directors of the Zone. Final Reading (M. Spain).
Mayor Baldwin recognized City Attorney Michael Spain, who reported no changes. Mayor
Baldwin recognized Council Member Trayhan who moved, seconded by Council Member
Scagliola to approve Ordinance No. 08- T -50 final reading. Vote was unanimous. Motion
Carried
4. Resolution No. 08-R-50 - Consideration and/or action relating to Reinvestment Zone
Number Two, City of Schertz, Texas authorizing an Interlocal Agreement and
Development Agreement. (M. Spain.)
Mayor Baldwin recognized City Attorney, Michael Spain who introduced this item
explaining specifics and answering questions from Council. Mayor Baldwin recognized
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Council Member Trayhan who moved, seconded by Mayor Pro-Tem Wilenchik to approve
Ordinance No. 08-T-50 final reading. Vote was unanimous. Motion Carried
5. Ordinance No. 08-M-51 - Consideration and/or action amending Ordinance No. 05-M-02
relating to Chapter 2, Article V, "Administration TraJ;lsportation Safety Advisory
Commission to include alternate members. First Reading (L. Dublin)
Mayor Baldwin recognized City Engineer Larry Dublin, who introduced this item
answering questions from Council. Mr. Dublin stated that revised by-laws were submitted
late Monday for Council's review and consideration. City Attorney Michael Spain
explained that he would be making minor corrections to the by-laws and added that the
way the ordinance is written revisions or amendments to the by-laws do not need to come
before Council for consideration.
Mayor Baldwin recognized Council Member Fowler who moved, seconded by Mayor Pro-
Tem Wilenchik to approve Ordinance No. 08-M-51 first reading. Vote was unanimous.
Motion Carried
6. Ordinance No. 08-S-49 - SUP2008-031A- Consideration and/or action upon a request for
a Specific Use Permit of 2.822: acres land being of Lot 6 Block 1 of the Hubertus Retail
Subdivision to allow the use of a Self-Storage Service Facility in the General Business
zoning district (GB) located at the southwest intersection of IH35 North and FM-ll03.
First Reading (M. Nichols) (Council postponed action on this item until the November 4,
2008 City Council)
Mayor Baldwin recognized Karen Mitchell, Mitchell Planning Group who introduced this
item stating that all requirements to the site plan have been met and answered questions
from Council. A power point presentation was introduced and after considerable
discussion, it was Council consensus to bring this item back for discussion onlv at the next
Council meeting of November 18, 2008, and consider final reading of the ordinance at the
meeting of November 25,2008.
Mayor Baldwin recognized Council Member Trayhan who moved, seconded by Council
Member Carpenter to approve Ordinance No. 08-S-49 first reading. Vote was 3 to 2, with
Council Members Scagliola and Mayor Pro-Tem Wilenchik voting no. Motion Carried
7. Resignations! Appointment/Reappointment to Boards and Commissions/Committees -
Consideration and/or action regarding resignations appointments/reappointments to Boards
and Commission/Committees.
Mayor Baldwin recognized Council Member Carpenter who moved, seconded by Council
Member Scagliola to appoint Tim Brown to the Schertz Economic Development
Corporation. Vote was unanimous. Motion Carried
City Secretary Brenda Dennis left at 8:00
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DISCUSSION AND POSSIBLE ACTION
8. Briefing by City Attorney on FEMA NFIP Grandfathering Rates. (M. Spain)
Mayor Baldwin recognized City Attorney Michael Spain, who introduced this item,
providing a handout with detail information regarding "grandfather" rules under the United
States Code, Code of Federal Regulations, FEMA Flood Insurance Manual, FEMA "Flood
Smart" (NPIP), FEMA "Understanding Flood Map Modernization and FEMA Flow Chart,
and answered questions from Council. He stated that the information might be helpful to
residents seeking relief of increased rates and encouraged residents to provide the
information to their insurance companies. He added that research will continue, and if more
information is available will provide it at the November 18, 2008 meeting.
9. Consideration and or action on questions and possible items to be placed on the next
agenda. (Mayor/City Council)
Mayor Baldwin recognized Council Member Scagliola who requested to place on
Council's next agenda an update from County Election Administrator, Sue Basham
. r~garding recent election issues.
Mayor Baldwin recognized Mayor Pro- Tem Wilenchik who requested to place an item on
Council's future agenda possibly December to discuss scheduling, and costs related to
planning a strategic planning conference next year.
10. Announcements by City Council Members, Mayor and City Manager:
Council Member Fowler - TML Conference, Trunk or Treat Event
- Reported on training sessions he attended at TML Conference, October 29-31, 2008.
Council Member Scagliola - TML Conference, Trunk or Treat Event
- Thanked everyone that volunteered at the Schertz Booth during the TML Conference.
- Trunk or Treat Event went well and everyone was safe.
Council Member Trayhan - TML Conference, Trunk or Treat Event
_ Also thanked everyone that volunteered at the Schertz Booth during the TML
Conference.
Mayor Pro- Tem Wilenchik - TML Conference, Trunk or Treat Event
_ Reported he attended the TML Board of Director's meeting during the conference and
provided an update.
Council member Carpenter - TML Conference, Trunk or Treat Event
- None
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Mayor Baldwin - TML Conference, Trunk or Treat Event
- Attended a session at the TML Conference where a very good speaker spoke on the
advantages of a Council Retreat, and is interested acquiring a copy of the CD or DVD.
- Mentioned he was very proud of the Schertz Booth and the many inquires and comments
on the City Booth from individuals and other cities attending the conference. He was
excited to see that more cities are showcasing their city at the conference.
City Manager Don Taylor
- Thanked Council and staff for attending the TML Conference and taking advantage of
training sessions offered.
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.
Mayor Baldwin adjourned the regular meeting into Executive Session at 8:12 p.m.
RECONVENE TO REGULAR SESSION"
Mayor Baldwin reconvened into regular session at 8:47 p.m.
II. Take any action deemed necessary as a result of the Executive Session.
No action taken. .
ADJOURNMENT
As there was no further action, Mayor adjourned the meeting at
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ATTEST:
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ary D put Ity Secretary
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November 4, 2008