10-28-2008 AgendaSCHERTZ CITY COUNCIL REGULAR SESSION MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 “AMENDED AGENDA” REGULAR AGENDA TUESDAY, OCTOBER 28, 2008
Regular Session 6:30 p.m. REGULAR SESSION CALL TO ORDER: INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND STATE OF TEXAS. PRESENTATION • Brief presentation
of new programs by the Human Resource Department INTRODUCTIONS • Introduction of the new Animal Services Manager. (G. Logan) • Introduction of the 2008/2009 Schertz Sweetheart Court.
(E. Matlock/M. Kelso) BRIEFING BY CITY ATTORNEY ON RECENT ATTORNEY GENERAL OPINION HEARING OF RESIDENTS This time is set-aside for any person who wishes to address the City Council.
Each person should fill out the Speaker’s register prior to the meeting. Presentations should be limited to no more than 5 minutes. Discussion by the Council of any item not on the agenda
shall be limited to statements of specific factual information given in response to any inquiry, a recit?ation of existing policy in response to an inquiry, and/or a proposal to place
the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have
registered. REGULAR AGENDA 1. Minutes -Consideration and/or action regarding the approval of the minutes of the Regular Meeting of October 21, 2008. 10-28-08 Council Agenda
2. Interlocal Agreement between Bexar County and Appointment of Director of San Antonio Metropolitan Health District – Consideration and/or action approving an Interlocal Agreement with
Bexar County and appointing Dr. Fernando Guerra as the Health Authority of San Antonio Metropolitan Health District. (D. Wait) (Council asked that this item be rewritten and brought
back) 3. Resolution No. 08-R-49 -Consideration and/or action on an Interlocal Agreement with Schertz–Cibolo-Universal City ISD relating to sewer line facilities. (M. Spain). 4. Resignations/Appointme
t/Reappointment to Boards and Commissions/Committees – Consideration and/or action regarding resignations appointments/reappointments to Boards and Commission/Committees. • Resignation
of Anthony Vaticalos – Schertz Economic Development Corporation PUBLIC HEARING/ORDINANCES 5. Ordinance No. 08-S-49 -SUP2008-031A-Consideration and/or action upon a request for a Specific
Use Permit of 2.82+ 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-1103. First Reading (M. Nichols) (Council postponed action on this item until the October 28, 2008 City Council meeting to
allow staff to review the updated site plan and consider proposed recommended changes that were addressed). 6. 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. First Reading (M. Spain). DISCUSSION AND POSSIBLE ACTION 7. FEMA FLOOD PLAIN DISCUSSION – Briefing and discussion regarding FEMA Flood Plain. (L. Dublin) 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.
RECONVENE TO REGULAR SESSION 8. Take any action deemed necessary as a result of the Executive Session. 10-28-08 City Council Agenda Page -2 -
ADJOURNMENT CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE
24TH DAY OF OCTOBER, 2008 AT 10:00 A.M.., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT
CODE. Brenda Dennis BRENDA DENNIS, TRMC, CMC CITY SECRETARY I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL
BULLETIN BOARD ON _____DAY OF _______________, 2008. ____________________________Title:__________________________ This facility is accessible in accordance with the Americans with Disabilities
Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services please call 619-1030 at least 24
hours in advance of meeting. 10-28-08 City Council Agenda Page -3 -
10-28-08 City Council Agenda Page -4 -COUNCIL ASSIGNMENTS Mayor Baldwin Liaison -Schertz Seguin Local Government Corporation Liaison -Schertz Historical/Preservation Committee Interview
Board for Boards and Commissions Investment Advisory Committee ASA Commuter Rail District Board Mayor Pro-Tem Wilenchik Investment Advisory Committee Liaison -Schertz Chamber of Commerce
Liaison -Board of Adjustments Audit Committee Interview Board for Boards and Commissions Liaison – TIRZ II Board AACOG Advisory Committee AACOG Economic Development TML Board of Directors
TML Municipal Revenue & Taxation Committee Councilmember Fowler Liaison -Schertz Economic Development Corporation Liaison -Parks & Recreation Advisory Board Interview Board for the Boards
and Commissions Councilmember Carpenter Liaison -Library Advisory Board Liaison -Planning and Zoning Commission Liaison -50th Year Anniversary Committee Liaison -Schertz Youth Commission
Liaison – TIRZ II Board Councilmember Scagliola Liaison -Transportation Safety Advisory Commission Liaison -Schertz Humane Society Alternate Interview Board for Boards and Commissions
Liaison – Schertz Sweetheart Court Councilmember Trayhan Liaison -Schertz Housing Authority Audit Committee
Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: October 28, 2008 Department: Administration Subject: Minutes BACKGROUND On October 21, 2008 a Regular City Council Meeting
was held at the Municipal Complex Council Chambers at 6:30 p.m., 1400 Schertz Parkway Building #4. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approval of the October
21, 2008 minutes. ATTACHMENT Minutes 10/21/08
City Council Regular Meeting October 21, 2008 273 MINUTES REGULAR MEETING October 21, 2008 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on October
21, 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 Pro-Tem 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 Secretary Brenda Dennis City Attorney Michael Spain MAYOR BALDWIN WAS ABSENT. CALL TO ORDER REGULAR MEETING Mayor Pro-Tem Wilenchik
called the meeting to order at 6:30 p.m., and announced the Mayor was absent this evening. 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 of the United States and State of Texas. PRESENTATION • Proclamation to Jon and Joe Gonzalez
for their heroic efforts. Mayor Pro-Tem recognized Council Member Trayhan who presented the proclamation to Jon and Joe Gonzales as well as recognized Gary Inmon Trustee with the Schertz-Cibolo-Unive
sal City ISD, who presented Jon with a certificate from the principal of his school. Police Chief Steve Starr presented each with a City of Schertz Police Coin. • Proclamation to Schertz
Chamber of Commerce. Mayor Pro-Tem Wilenchik recognized Council Member Fowler who presented the proclamation to Frances Rushing, Schertz Chamber of Commerce President. Ms. Rushing introduced
Members of the Board. HEARING OF RESIDENTS Mayor Pro-Tem Wilenchik recognized the following:
City Council Regular Meeting October 21, 2008 274 • Francis Rushing, Schertz Chamber of Commerce President, who announced the following: -Success of the Shop Schertz Showcase-Taste of
the Town, October 18, 2008 at the Civic Center. -October 31, 2008 monthly meeting: Marty Winder, Chairman of the San Antonio Chamber of Commerce will be the speaker. -Great turnout for
the ribbon cutting for the Frost Bank on October 21, 2008. • Robert Brockman, 1000 Elbel Road who spoke about a proposed ordinance prohibiting cell phone use is school zones. INTRODUCTIONS/RECOGNITIO
S • Introductions of new employees: (Public Works) Mayor Pro-Tem Wilenchik introduced Public Works Director Sam Willoughby who introduced his three new employees: Sarah Gonzales Administrative
Assistant, Joe Garza with the Street Department and Jeremy Quast with the Water Department. • Recognition of the promotion of Michael Harris to Assistant Police Chief and Marc Bane promotion
to Captain. Mayor Pro-Tem Wilenchik introduced Police Chief Steve Starr who recognized new promoted Captain, Marc Bane and newly appointed Assistant Police Chief Michael Harris. ANNOUNCEMENTS
• General Announcements on meetings/events attended and upcoming events (Council) • General Announcements on meetings/events attended and upcoming events (Mayor) Council General Announcements:
Mayor Pro-Tem Wilenchik • None Council Member Carpenter • None Council Member Fowler • Mentioned he attended the Shop Schertz Showcase-Taste of the Town, October 18, 2008 at the Civic
Center. Council Member Scagliola • Mentioned that he also attended the Shop Schertz Showcase-Taste of the Town event, the Ribbon Cutting at Frost Bank and that Pickrell Park has set
up the Pumpkin Patch, stop by and pick out your pumpkin for Halloween. Council Member Trayhan • Mentioned that he also attended the Shop Schertz Showcase-Taste of the Town event.
City Council Regular Meeting October 21, 2008 275 REGULAR AGENDA 1. Minutes -Consideration and/or action regarding the approval of the minutes of the Regular Meeting of October 14, 2008.
Mayor Pro-Tem Wilenchik recognized Council Member Fowler who moved, seconded by Council Member Trayhan to approve the minutes of October 14, 2008 with changes noted. Vote was unanimous.
Motion Carried 2. Ordinance No. 08-D-48 – Consideration and/or action revising Section 86-41(b) threeway stops to include Cherry Tree Drive and Turnabout Loop. Final Reading (L. Dublin)
Mayor Pro-Tem Wilenchik recognized City Engineer Larry Dublin who introduced this item stating that no changes had been made since the first reading. Mayor Pro-Tem Wilenchik recognized
Council Member Trayhan who moved, seconded by Council Member Scagliola to approve Ordinance No. 08-D-48 final reading. Vote was unanimous. Motion Carried 3. Appointment -Director of
San Antonio Metropolitan Health District – Consideration and/or action appointing Dr. Fernando Guerra as the Health Authority of San Antonio Metropolitan Health District. Mayor Pro-Tem
Wilenchik recognized EMS Director Dudley Wait who introduced this item answering questions from Council. Council Members agreed to have this item brought back at the next meeting with
the changes that were discussed. No action taken. 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 Pro-Tem Wilenchik recessed the regular meeting into Executive Session at 6:58 p.m. RECONVENE TO REGULAR SESSION
Mayor Pro-Tem Wilenchik reconvened into regular session at 7:30 p.m. 6. Take any action deemed necessary as a result of the Executive Session. Mayor Pro-Tem Wilenchik recognized Council
Member Carpenter who moved, seconded by Council Member Trayhan to approve the purchase and sale contract with San Antonio Metropolitan Youth Soccer Institute, Inc., to acquire 42 acres
of land on Maske Road in the amount of $675,000.00 and that the contract be modified to reflect satisfaction of any monies owed by San Antonio Metropolitan Youth Soccer Institute to
the Edwards Aquifer Authority. Vote was unanimous. Motion Carried
City Council Regular Meeting October 21, 2008 276 Council Member Carpenter also stated that this property will be used for soccer fields to be operated by the City or an affiliated organization.
It will not be designated as a City Park, but it will continue to be enjoyed by soccer players in the City and from the surrounding area. Mayor Pro-Tem Wilenchik recognized Council Member
Scagliola who moved, seconded by Council Member Carpenter to approve the purchase of a sewer line easement and a workspace easement for the Town Creek Sewer line from the Estate of Walter
Chapman for the price of $5,000. Vote was unanimous. Motion Carried PUBLIC HEARING/ORDINANCES 4. Ordinance No. 08-S-49 -SUP2008-031A-Conduct a public hearing, and consideration and/or
action upon a request for a Specific Use Permit of 2.82+ 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-1103. First Reading (M. Nichols) Mayor Pro-Tem Wilenchik recognized Karen Mitchell, Mitchell
Planning Group, who introduced this item stating that it was her recommendation to postpone first reading to allow staff to review the revised site plan. Mayor Pro-Tem Wilenchik recognized
Mr. Steve Metcalfe, with Drenner & Golden, who gave a brief power point presentation regarding this facility. He included the changes and recommendations that were requested by the Planning
and Zoning Commission. Mayor Pro-Tem Wilenchik opened the public hearing and the following spoke: Rose Mary Grayson, 5213 Cabana Dive Raymond Cook, 913 Dimrock Justin Shippy, Engineer
for the project Robert Brockman, 1000 Elbel Road As no one else spoke, Mayor Pro-Tem Wilenchik closed the public hearing for Council comments. Council Members discussed this item and
agreed that staff needs more time to review the revised site plan that included the planning and zoning recommendations and to allow the applicant to address the above citizen concerns.
Mayor Pro-Tem Wilenchik recognized Council Member Carpenter who moved, seconded by Council Member Fowler to postpone this item until October 28, 2008 City Council meeting. Vote was unanimous.
Motion Carried 5. Resignations/Appointment/Reappointment to Boards and Commissions/Committees – Consideration and/or action regarding resignations appointments/reappointments to Boards
and Commission/Committees. • Resignation of John Correu – Historical Preservation Committee
City Council Regular Meeting October 21, 2008 277 • Appointment of Earl Sawyer – Historical Preservation Committee Mayor Pro-tem Wilenchik recognized Council Member Carpenter who moved,
seconded by Council Member Trayhan to accept the resignation of John Correu from the Historical Preservation Commission and appoint former Mayor Earl Sawyer. Vote was unanimous. Motion
Carried ANNOUNCEMENTS – CITY MANAGER AND STAFF • General Announcements on meetings/events attended and upcoming events. None. ADJOURNMENT As there was no further action, Mayor Pro-Tem
Wilenchik adjourned the meeting at 8:06 p.m. __________________________________ Tony Wilenchik, Mayor Pro-Tem ATTEST: _____________________________________ Brenda Dennis, City Secretary
Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: October 28, 2008 Department: Administration Subject: Resolution No. 08-R-49 – Interlocal Agreement with Schertz-Cibolo-Universal
City ISD relating to sanitary sewer facilities. BACKGROUND The City Council of the City of Schertz has determined that it is in the best interest of the City to enter into an Interlocal
Agreement with Schertz-Cibolo-Universal City Independent School District (the “District”), relating to sanitary sewer facilities to be constructed by the District. FISCAL IMPACT The
City will receive a periodic fee for handling funds for the School District. RECOMMENDATION Staff recommends Council approve Resolution No. 08-R-49 for an Interlocal Agreement between
the City of Schertz and Schertz-Cibolo-Universal City ISD relating to sanitary sewer facilities. ATTACHMENT Resolution No. 08-R-49 Interlocal Agreement will be provided by City Attorney
at Meeting
RESOLUTION NO. 08-R-49 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT WITH SCHERTZCIBOLO-UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT,
AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City Council (the “City Council”) of the City of Schertz (the “City”) has determined that it is in the best interest of the City
to enter into an Interlocal Agreement with Schertz-Cibolo-Universal City Independent School District (the “District”), relating to sanitary sewer facilities to be constructed by the
District; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver
an Interlocal Agreement with the District in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts
thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be
and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United
States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution
and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted
without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice
of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government
Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 28th day of October, 2008.
CITY OF SCHERTZ, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) 50109102.1
EXHIBIT A INTERLOCAL AGREEMENT See attached 50109102.1 A-1
Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: October 28, 2008 Department: City Council Subject: Boards and Commissions Appointments/reappointments/Resignations BACKGROUND
The City Council will consider action regarding the resignation of Mr. Anthony Vaticalos from the Schertz Economic Development Corporation. FISCAL IMPACT None RECOMMENDATION It is recommended
that the City Council ratify the resignation of Mr. Anthony Vaticalos from the Economic Development Corporation. ATTACHMENTS Resignation: Anthony Vaticalos
Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: October 28, 2008 Department: Planning & Zoning Subject: Ordinance No. 08-S-49 Consider and act upon a request for a Specific
Use Permit and associated Site Plan of 2.82+ acres of land being Lot 6, Block 1 of the Hubertus Retail Subdivision to allow the use of a Self-Storage Service Facility in the General
Business District (GB) located at the southwest intersection of IH-35 North and FM-1103. First Reading (Recommendation to postpone to November 4, 2008) From your meeting of October 21,
2008 the City Council postponed action on this item in an effort to give staff an opportunity to review the site plan. The Planning Department sent review comments to the applicant on
October 22nd and is still waiting for revised plans. The applicant was unable to provide the information in a timely manner; therefore it is the recommendation of the Planning and Zoning
Commission to have Council once again postpone first reading to the November 4, 2008 meeting. Item 5 5 10-28-08 Arrington SUP-Cover Memo.doc
Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: October 28, 2008 Department: City Manager Subject: Sedona BACKGROUND By Ordinance No. 06-T-61 dated December 19, 2006, the
City created, pursuant to Chapter 311 of the Texas Tax Code, “Reinvestment Zone Number Two, City of Schertz, Texas” (the “Zone”) to promote the development of the Sedona mixed-use project
within the Zone through the use of tax increment financing, based on the conclusion that development would not otherwise occur solely through private investment in the reasonably foreseeable
future. Ordinance No. 06-T-61 created a Board of Directors for the Zone (the “Zone Board”) and authorized the Zone Board to exercise all the rights, powers, and duties of a board under
the Code, and to act on behalf of the City within the limits of the Code. On October 27, 2008, the Zone Board adopted the Final Project Plan and Reinvestment Zone Financing Plan for
the Zone, and pursuant to Section 311.011(d) of the Texas Tax Code, the City Council must approve the Project and Financing Plan by ordinance after its adoption by the Zone Board. By
Resolution No. 07-R-37, dated October 30, 2007, the City designated eight (8) individuals to serve as members of the Zone Board, but based on the proposed contribution by Bexar County
to the Zone, the total number of Zone Board appointments authorized for the City pursuant to the Project and Financing Plan is six (6). Two of the directors appointed by the City, C.
A. Elder and Steve White, have agreed not to serve as City appointees, but Steve White is expected to be appointed by Bexar County as one of the two County representatives on the Zone
Board. We are confirming that the City can remove and reappoint its Board appointees at any time; if so, the City will always have six (6) “friendly” representatives on the Board, a
majority of the total Board of eleven (11) FISCAL IMPACT The City foregoes ad valorem taxation on the improvements made to the Sedona development area until 2027, but the City receives
all infrastructure (water, sewer, fire/EMS station, and parks), built to its standards, and is expected to contract with the Zone to provide certain services (utilities and public safety).
CCM Agenda Item 7.doc
City Council Memorandum Page 2 RECOMMENDATION Adoption of Ordinance No. 08-T-50 ATTACHMENTS • Ordinance No. 08-T-50, including as Exhibit A the Final Project Plan and Reinvestment Zone
Financing Plan • Summary of Final Project Plan and Financing Plan • List of Zone Board Directors • Schedule of completed and to-be-completed tasks • Sedona Development Summary • Texas
Comptroller’s Summary of Tax Increment Financing
Agenda No. 7 CITY COUNCIL MEMORANDUM City Council Meeting: October 28, 2008 Department: Public Works /Engineering Subject: Discussion of FEMA Floodplain BACKGROUND On December 28, 2005
the City of Schertz received copies of the new preliminary digital flood insurance maps (firms). On January 27, 2006 FEMA hosted a Guadalupe community floodplain meeting in McQueeney
and discussed the mapping process and provided flood insurance information. On March 9, 2006 the City of Schertz hosted a community floodplain meeting. FEMA could not attend because
of Hurricane Katrina; instead, a representative from the Texas Commission of Environmental Quality (TCEQ) was present to discuss and answer questions concerning flood insurance. FEMA
placed public advertisements of the 90-day appeal process for Guadalupe County March 9, 2006 and March 16, 2006. FEMA placed public advertisements of the 90-day appeal process for Comal
County in April 2006. From January 23, 2006 – November 13, 2006 the City of Schertz submitted technical technical data to appeal the maps. On December 4, 2006 revised preliminary maps
were received that included the revisions from the City of Schertz’s appeal. The City of Schertz held a second community floodplain meeting on February 15, 2007 and gave an update of
the proposed timeline of the adoption of the new maps and discussed the effect on citizen’s insurance. The letter of final determination was received on June 2, 2007 which started the
6-month period when communities pass ordinances to adopt the new maps. The City of Schertz’s ordinance was updated on October 9, 2007. November 2, 2007 marked the end of the 6-month
period and the new maps became official. FEMA placed public advertisements of the 90-day appeal process for Bexar County May 1, 2008 and May 8, 2008. FISCAL IMPACT RECOMMENDATION ATTACHMENTS