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11-04-08 - 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. City Council Regular Meeting - 285 November 4, 2008 - . 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 . 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 City Council Regutar Meeting 286 - November 4,2008 - 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 City Council Regular Meeting 287 - November4,2008 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 City Council Regular Meeting - 288 - November 4,2008 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 v-- ATTEST: ~(~Jw~ ary D put Ity Secretary City Council Regular Meeting 289 - - November 4, 2008