03-13-2007-RegularMINUTES
REGULAR SESSION
MARCH 13, 2007
The Schertz City Council convened in Regular Session on Tuesday, March 13, 2007 at
7:00 p.m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway Building
#4, Schertz, Texas. The following members were present: Mayor Hal Baldwin presiding,
Mayor Pro Tern Jim Fowler, Councilmembers David L. Scagliolia, Reginna Agee, Tony
Wilenchik and Michael Carpenter. Also present were City Manager Don Taylor,
Assistant City Managers John Bierschwale and David Harris, Deputy City Secretary
Mary Ybarra and City Attorney Michael Spain.
#1 CALL TO ORDER.
Mayor Baldwin called the meeting to order at 7:00 p.m.
#2 PLEDGES OF ALLEGIANCE TO THE UNITED STATES AND STATE
OF TEXAS
Both pledges were recited.
#3 HEARING OF RESIDENTS.
Frances Rushiny-, Chamber President reported that a ribbon cutting was held for a new
business, United Title of Texas. She went on to say that the Chamber's monthly meeting
would be held March 30th at 12:00 p.m. in the Schertz Community Center, and added that
new city maps are now available at the Chamber office.
Robert Brockman, 1000 Elbel Road reported that the outside Council Chambers clock is
not working. He inquired on the status of the new stovetop for the Community Center.
Assistant City Manager Bierschwale gave a report on status, saying that a water heater
and new stovetop had been installed.
#4 Report and update from the Schertz Youth Commission (Emily Furillo-
President)
Miss Furrillo reported that the Commission attended the Youth Council Summit in Fort
Worth, Texas, and added that the Commission came back with some positive ideas, such
as a teen job fair. The Commission's goal is to seek new ideas and more involvement
from the youth and teen groups throughout the City.
City Manager Taylor thanked the Commission for their hard work and enthusiasm,
adding that the City is very proud of them.
ACTION ITEMS:
#5 Approve minutes of February 13, 2007 Workshop Session.
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Councilmember Carpenter stated that on page 2, item #8; paragraph with Mr. Taylor's
comments requires revision or rewording.
Councilmember Carpenter made a motion, seconded by Councilmember Fowler to
postpone the approval of minutes until such time that corrections are made. The motion
carried 5 -0 and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik and Carpenter.
NAY: None..
#6 Make corrections to EMS Write -Offs for June 1- September 30, 2006.
City Manager Taylor explained that the matter before Council is to clarify the dollar
amount of the EMS write -offs. The dollar amount needs to be amended to reflect the
correct amount.
Councilmember Wilenchik made a motion, seconded by Councilmember Carpenter to
approve the additional amount of $320,147.21 for EMS write -offs for June 1- September
30, 2006. The motion carried 5 -0 and vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik and Carpenter.
NAY: None
#7 Discussion and action to appoint member (s) to the Schertz 50th Anniversary
Committee.
Councilmember Carpenter informed Council that two more applicants have volunteered
to serve on the Schertz 500' Anniversary Committee and information is included in
Council packet.
Councilmember Carpenter made a motion, seconded by Councilmember Wilenchik to
appoint both applicants (Dean Weirtz and Sheryll Autrey) to the Schertz 500' Anniversary
Committee. The motion carried 5 -0 and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik and Carpenter.
NAY: None.
#8 Discussion and action on scheduling a joint meeting with the City of Cibolo
and agenda items for the meeting.
After brief discussion, it was Council consensus to schedule a joint meeting with the City
of Cibolo on April 3, 2007.
#9 RESOLUTION: Discussion and action on a resolution by the City Council of
the City of Schertz opposing the Texas Department of Transportation FM 3009
Road Extension Proposal.
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RESOLUTION NO. 07 -R -10
A Resolution by the City Council of the City of Schertz opposing the Texas
Department of Transportation FM 3009 Road Extension Proposal.
Councilmember Carpenter made a motion, seconded by Councilmember Wilenchik to
approve a resolution opposing the Texas Department of Transportation FM 3009 Road
Extension Proposal. The motion carried 5 -0 and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik and Carpenter.
NAY: None.
#10 Discussion and action on appointing temporary replacement to the Planning
and Zoning Commission.
Councilmember Carpenter made a motion, seconded by Councilmember Wilenchik to
appoint Ken Greenwald to the Planning and Zoning Commission. The motion carried 5 -0
and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik and Carpenter.
NAY: None.
DISCUSION ITEMS:
#11 ORDINANCE: Discussion on final reading of an ordinance amending the
Unified Development Code (UDC) Ordinance 96 -5 -28 by granting a Specific Use
Permit for 6.06+ acres out of the Toribio Herrera Survey No. 68, Abstract No. 153,
Guadalupe County, Schertz, Texas for Single - Family Use in the Air Installation
Compatible Use Zone (AICUZ), (APZ -2); providing an effective date; and providing
a repealing clause. (Located at the intersection of FM1518 on Maske Road).
Mr. Leonard Truitt, Director of Development Services explained briefly the reason the
developer is requesting the Specific Use Permit for the area and why the development
would require re- platting. No changes were made and Council would be ready to take
action at next meeting.
#12 ORDINANCE: Discussion on an ordinance requiring events with attendance
of more than _ people within the City of Schertz Texas to contract with the
Schertz Police Department (or other approved law enforcement agency) to provide
appropriate traffic control officers, and to pay the costs associated therewith, and
declaring an emergency. (M. Spain)
City Manager Taylor explained that traffic problems caused by events at soccer fields on
Maske Road, sometimes up to 500 participants, is the reason for the item before Council.
At this time, Mr. Taylor deferred to City Attorney Michael Spain who gave a complete
briefing on the ordinance, which would allow the City to require events other than City
events to pay and hire police officers for traffic control. He pointed out that churches
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throughout the city already follow the requirement. The attendance number has been left
blank for now until Council determines the number.
A brief discussion followed, covering such issues as: more research of other city
ordinances, etc.; location being more of a problem than the number of participates; and
what is the cost of officers to cover events.
After discussion, it was suggested to have staff research the matter and possibly come up
with other alternatives without having to establish an ordinance. The matter would be
brought back to Council in approximately two weeks.
#13 Discussion on agreement with Cibolo Creek Water Alliance. (M. Spain & J.
Bierschwale)
City Attorney, Michael Spain explained that a few weeks ago, Mr. Crockett Camp and
Mr. John Bierschwale made a presentation on the proposed water alliance to Council. Mr.
Camp has prepared the first draft of the agreement, and in review of the agreement some
changes were made. The agreement (Council was provided with copy) is nowhere near
completion, but when it is, Mr. Camp and Mr. Bierschwale will have the opportunity to
review and make comments. He went on to say that the agreement is intended to be a
regional agreement that would deal with placement of water supply facilities. In many
cases, some of these jurisdictions would have temporary water supply agreements with
Schertz/Seguin Local Government Corporation (SSLGC) and the plan is that the
jurisdiction would seek alternative water supplies. The agreement, in his opinion, is very
broad, and there are certain issues to consider as Council reviews the agreement. Mr.
Spain provided Council with a list of these issues, and pointed out that some are
contractual and others are policy issues. He asked that Council consider all these issues
as they go through the review process.
Mr. Bierschwale provided some history on the creation of the Schertz/Seguin Local
Government Corporation as well as points of view and opinions regarding the water
alliance agreement.
#14 Items by City Manager Taylor and Staff
General Announcements
• Reminded Council to review items provided in Council packet.
• Mentioned CPS meeting and asked if there is a need to reserve a slot for anyone
wanting to attend.
#15 Items by Council
General Announcements
Mayor Pro -tem Fowler
■ Referenced Executive Summary included in Council packet. Mr. Taylor advised
that the summary is intended as a helpful tool as Council goes through the
change process in agenda format.
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1
■ Referred to an Executive Session regarding "real property" and having walked
the area, etc. He requests an Executive Session on "real property" be placed on
the next agenda.
Councilmember Scaghola
■ Suggested that the ordinance dealing with traffic control discussed this evening
be passed on to the TSAC Commission.
Councilmember Agee
■ Had no comments.
Councilmember Wilenchik
Reported on Commissioners Court meeting held at Guadalupe County
Courthouse; it was an excellent session. Items of interest; McAllister (VA
Officer) report, HR 333 - veteran disability, proclamation recognizing March 18-
24 as National Agricultural Week in Guadalupe County.
Councilmember Carpenter
■ Referenced the May 12, election and having no opposition of candidates coming
forward for Council seats. He thanked the residents for allowing him to serve.
#16 Items by Mayor
• Referred to the "Smoke Alarms in Every Home" Campaign in Schertz that was
held today. Attorney Wayne Wright developed the campaign and has donated
2,000 smoke detectors to Schertz residents.
• Steve Simonson Community Service Award nominees have been selected and
award winners will be announced at the March 24, 2007 dinner.
#17 ADJOURNMENT
Mayor Baldwin adjourned the meeting at 8:10 p.m.
ATTEST:
Waliq
C
hkept(ty Cit Sec etary, City of Schertz
Regular Session- 03 -13 -07 137
Mayor, City of Schertz