10-09-2007
MINUTES
REGULAR SESSION
OCTOBER 9, 2007
The Schertz City Council convened in Regular Session on Tuesday, October 9, 2007, at
6:30 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 David Scagliola, and Councilmembers Jim Fowler, John
Trayhan, Tony Wilenchik and Michael Carpenter. Also present were: Acting City
Manager John Bierschwale, City Attorney Michael Spain and Interim City Secretary
Mary Ybarra.
#1 CALL TO ORDER.
Mayor Baldwin called the meeting to order at 6:30 p.m.
#2 PLEDGES OF ALLEGIANCE TO THE UNITED STATES AND STATE
OF TEXAS (Honor the Texas flag; I pledge allegiance to thee, Texas, one
state under God, one and indivisible.)
Both pledges were recited.
#3 HEARING OF RESIDENTS.
Frances Rushing, President of the Schertz Chamber of Commerce:
. Oct 26 Monthly Chamber Luncheon, Dr. Reno, ACCD President, IS Guest
Speaker
. Oct 27, Shop Schertz Showcase, appro x 30-34 booths spoken for
. Taste of the Town has great momentum, 8 vendors have committed with 12
spaces available total.
. Membership drive is going well also
. The Chamber is working on the Festival of Angels
Carl Douglas, Schertz Economic Development Commission on Item #18:
. Councilmember Wilenchik sent him an advance copy of the policy letter.
. He has a problem with a few issues in the policy
. Mr. Douglas addressed the issues with the Mayor and Councilmembers
David Richmond, Planning and Zoning Commission, Item #17 on Agenda
. Asked Council to be mindful of the City's sign ordinance regarding billboards and
the signal that action might send.
Councilmember Carpenter and Mr. John Bierschwale
. Made a presentation to Mayor Baldwin on behalf of the Cibolo City Council of a
Steele High School ball cap and a jersey shirt to wear during the Council Meeting.
Regular City Council Meeting
10-9-2007
6
#4 Items by Council.
Mayor Pro- Tem Scagliola
. Attended TSAC meeting regarding the FM 3009 study
. Also discussed the Lowe's project and traffic
. Also attended the Pecan Festival at Nolte Park and had a good time
. Mentioned the 26 October Humane Society Golf Tournament
Councilmember Fowler
. None
Councilmember Trayhan
. Attended the Schertz Housing Authority meeting and they are developing the
budget
Councilmember Wilenchik
. Attended the Commissioners Court Meeting-nothing of real interest to Schertz
. Attended the Schertz Chamber Board of Directors meeting
. Relief on sign ordinance, HEB was pleased. The Chamber of Commerce is
also involved
Councilmember Carpenter
. He will be in Atlanta the next two weeks and would like someone to take the
P&Z meeting for him.
#5 Mayor Baldwin
. Commented on the Steele Knights win over Clemens High School
#6 Action Item: Approve letter appointing John Bierschwale as Acting City
Manager per City Charter, Chapter 5.02.
The motion was made by Councilmember Trayhan, and seconded by Councilmember
Carpenter, to approve the letter appointing John Bierschwale as Acting City Manager per
City Charter, Chapter 5.02. The motion carried 5-0 and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter
NAYES: None.
#7 PROCLAMATION: Fire Prevention Week: October 7-13, 2007
Mayor Baldwin read the Proclamation for Fire Prevention Week and presented it to Fire
Chief David Covington.
Regular City Council Meeting
10-9-2007
7
#8 INTRODUCTION OF NEW EMPLOYEE: Human Resources (D. Dykes)
Donna Dykes, Human Resources Director, introduced Amanda O'Balle as the new
Human Resources Clerk.
#9 PRESENTATION: 2007-2008-Mr. Schertz and Miss Sweethearts of Schertz
Court. (Jennifer Bishop)
Ms Jennifer Bishop, Program Coordinator, introduced the 2007-2008 Mr. Schertz and
Miss Sweethearts of Schertz Court to the Mayor, City Council, Staff and residents
present. Introduced were: Miss Liberty, Ashley Blumentritt; Miss Freedom, Kelly
Ferguson; Miss Friendly City, Emily Furillo; Miss Schertz, Brittany Losey; and Mr.
Schertz, Christopher Coronado.
PUBLIC HEARING:
#10 PUBLIC HEARING: For the purpose of considering the taxation of tangible
personal property in transit.
Councilmember Wilenchik explained HB 621 and the purpose of the ordinance.
Mayor Baldwin opened the Public Hearing at 7:03 p.m.
. Mr. Ramon Cook addressed the Council on HB 621 and asked the Council to
carry out their legislative duty.
The Public Hearing was closed at 7:04 p.m.
ACTION ITEMS:
#11 ORDINANCE: Discussion and action on the first reading of an ordinance
for the taxation of tangible personal property in transit. (T. Wilenchik)
The motion was made by Councilmember Carpenter, and seconded by Mayor Pro-Tern
Scagliola, to approve the first reading of the ordinance taxing tangible personal property
in transit, as corrected. The motion carried 5-0 and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter
NAYES: None.
#12 ORDINANCE: Discussion and action on the first reading of an ordinance
authorizing and allowing updated TMRS service credits and establishing an
effective date. This ordinance applies to new hires from other qualifying
government entities. (D. Dykes)
Regular City Council Meeting
10-9-2007
8
Donna Dykes, Human Resources Director, and John Bierschwale, Assistant City
Manager clarified language and the purpose of this ordinance for employees transferring
from another government entity to the City of Schertz.
The motion was made by Councilmember Carpenter, and seconded by Councilmember
Trayhan, to approve the first reading of an ordinance authorizing and allowing updated
TMRS service credits and establishing an effective date. The motion carried 5-0 and the
vote was as follows:
A YES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter
NA YES: None.
#13 Discussion and possible action on changing contractors and establishing
construction budget concerning the Administration Building. (L. Truitt)
Leonard Truitt, Development Services Director, explained the issues with the contract on
the Administration Building and the current status of the budget for the project. He asked
City Council to approve the City managing the project with David Dorrough as the
Project Manager, mirroring the contract on the Fire/EMS Substation #2 which is ahead of
schedule. Mr. Truitt asked for an addition to the budget of $136,000 for GVEC electrical
offset, exterior finishes, floor systems, and to pay the project manager.
The motion was made by Councilmember Wilenchik, and seconded by Councilmember
Trayhan, to approve the budget of the original $563,903, add the requested new costs of
$136,000 and hire David Dorrough as the new Project manager for the Administration
Building. The motion carried 5-0 and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter
NA YES: None.
#14 ORDINANCE: Discussion and action on the Flood Damage Prevention
Ordinance and declaring an emergency. (J. Hooks)
ORDINANCE NO. 07- M-45
An Ordinance by the City Council of the City of Schertz, Texas
confirming a Flood Damage Prevention Program; declaring an
emergency and an effective date; and other matters in connection
therewith
City Council made comments and asked questions of Mr. Jimmy Hooks, City Floodplain
Manager. Councilmember Wilenchik noted that this ordinance is basically our current
City Unified Development Code re-written into ordinance form.
Regular City Council Meeting
10-9-2007
9
The motion was made by Councilmember Wilenchik, and seconded by Councilmember
Fowler, to approve the Flood Damage Prevention Ordinance, as amended. The motion
carried 5-0 and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter
NA YES: None.
#15A PUBLIC HEARING: On a request to rezone 42.447 acres out of the Toribio
Herrera Survey No. 68, abstract No. 153 Guadalupe County, Schertz, Texas
from General Business District-2 (GB-2) and Single-Family Residential-2
District (R-2), to General Business (GB).
Mayor Baldwin opened the Public Hearing on a request to re-zone 42.447 acres from
GB-2 and R-2 to GB at 7:30 p.m. Mayor Baldwin closed the Public Hearing at 7:31 p.m.
Comments from staff noted that this property is located in the vicinity of Oak Street and
Maske Road bordering FM 1518 and will be a part of the proposed soccer complex. Mr.
Robert Brockman made comments inquiring about the building that is currently on the
property.
#15B ORDINANCE: Discussion and action on the first reading of an Ordinance
amending the UDC Ordinance 96-S-28 by rezoning 42.447 acres out of the
Toribio Herrera Survey No. 68, abstract No. 153 Guadalupe County,
Schertz, Texas from General Business District-2 (GB-2) and Single-Family
Residential-2 District (R-2), to General Business (GB); providing an effective
date; and providing a repealing clause. (c. Gabbard)
The motion was made by Councilmember Carpenter, and seconded by Councilmember
Scagliola, to approve the first reading of an ordinance re-zoning 42.447 acres out of the
Toribio Herrera Survey No. 68, abstract No. 153 Guadalupe County, Schertz, Texas from
General Business District-2 (GB-2) and Single-Family Residential-2 District (R-2), to
General Business (GB); providing an effective date; and providing a repealing clause.
The motion carried 5-0 and the vote was as follows:
A YES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter
NAYES: None.
#16 MINUTES: Approval of minutes, Regular Session Meeting October 2, 2007.
The motion was made by Councilmember Scagliola, and seconded by Councilmember
Trayhan, to approve the minutes from the regular session meeting held on October 2,
2007. The motion carried 5-0 and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter
NA YES: None.
Regular City Council Meeting
10-9-2007
10
The Mayor turned the meeting over to Mayor Pro-Tern Scagliola at this time for a short
break of approximately 2 minutes.
#17 Discussion and possible action on purchase of a billboard by the City. (B.
Bailey)
Mr. Brad Bailey, Community and Media Relations Director, gave a short presentation
about the City's purchase a billboard. John Bierschwale also made comments about the
cost effectiveness of the City owning the billboard and the versatility of the City being
able to use it year-round. Councilmember Trayhan asked if this violates our sign
ordinance. Discussion resulted. Mayor Baldwin asked if this would be a brand new
billboard. Councilmember Wilenchik mentioned he echoes Mr. Richmond's sentiment
that it sends the wrong signal to others. Mr. Spain mentioned that we are exempted from
the sign ordinance.
The motion was made by Councilmember Trayhan, and seconded by Councilmember
Carpenter, to authorize the purchase of a billboard by the City. The motion carried 4-1
and the vote was as follows:
A YES: Councilmembers Fowler, Scagliola, Trayhan, and Carpenter
NA YES: Councilmember Wilenchik
#18 Discussion and possible action on adoption of policy letter regarding boards,
commissions, and corporations. (T. Wilenchik)
Councilmember Wilenchik opened with discussion of the policy letter and the reasoning
behind it. Council member Trayhan posed some questions about appointment to boards
and commissions and the application process. He also asked about the status of alternates
on the boards and commissions. Mr. Spain stated that this policy simply clarifies
Council's process by law. Further discussion related to the application process and
timeline.
The motion was made by Councilmember Carpenter, and seconded by Councilmember
Wilenchik, to adopt the policy letter regarding boards, commissions, and corporations as
written. The motion carried 5-0 and the vote was as follows:
A YES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter
NA YES: None.
#19 Discussion and possible action to cancel the City Council meeting on the 6th
of November due to conflict with the annual Texas Municipal League
conference in Dallas.
The motion was made by Councilmember Trayhan, and seconded by Councilmember
Carpenter, to cancel the City Council meeting scheduled for November 6, 2007. The
motion carried 5-0 and the vote was as follows:
Regular City Council Meeting
10-9-2007
II
AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter
NA YES: None.
DISCUSSION ITEMS:
#20 Discussion on possible creation of City Ordinance pertaining to parking on
residential lots. (L. Truitt)
Mr. Leonard Truitt, Development Services Director, presented the item and issues that
brought the possibility of a specific ordinance to the forefront. Councilmember
Wilenchik pointed out how bad the problem really is throughout the City. He mentioned
that pictures of problem areas would really show the issues in Schertz. Mr. Truitt offered
to develop a sample ordinance for Council to look at if the item could be postponed until
next week's meeting. Mayor Baldwin asked for this item to be placed on next weeks
agenda.
#21 EXECUTIVE SESSION: Called under Chapter 551 Texas Government Code,
Sub-section 551.072 - Deliberation regarding Real Estate.
No need for an executive session, this item was removed from the agenda.
#22 Action, if any on the subject of the above Executive Session.
Not required.
#23 Items by City Manager Taylor and Staff
General Announcement
#24 ADJOURNMENT.
Mayor Baldwin adjourned the meeting at 8:23 p.m.
c;;zL~~
Hal Baldwin, Mayor
ATTEST:
Regular City Council Meeting
10-9-2007
12