10-23-2007
MINUTES
REGULAR SESSION
OCTOBER 23, 2007
The Schertz City Council convened in Regular Session on Tuesday, October 23,2007, 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: City Manager Don
Taylor, Assistant City Manager John Bierschwale, City Attorney Michael Spain and Rita
Duprat-Waldo for 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 ST ATE
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:
. The Shop Schertz Showcase takes place on Oct 27. Frances Rushing passed out
packets to the Mayor and City Council.
. Reminder of the Oct 26 Chamber luncheon. Dr. Reno of Northeast Lakeview
College will be speaking.
. There will be a 50's Sock Hop at the Civic Center on October 26th at 7:00 p.m.
Proceeds benefit the Muscular Dystrophy Association. Tickets are $10.00.
Robert Brockman, Resident, 1001 Elbel Road, #411:
. Board of Adjustments meeting last night started late and had no alternates there.
. Crossing guards at Schertz Elementary School should have oversight. The
dispatcher didn't know they came under the Police Dept.
#4 Items by Council.
Mayor Pro-Tern Scagliola
. The Schertz Humane Society Golf Tournament is coming up on October 26th
at Canyon Springs Golf Resort.
Councilrnernber Fowler:
. Parks and Recreation Advisory Board meeting was held last night.
. We may want to take a look at how we execute our UDC with parkland versus
other fees; we could be losing money. He would like to get it on the agenda.
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Councilrnernber Trayhan:
. No Comments.
Councilrnernber Wilenchik:
· Attended Commissioners Court meeting today and they had a number of items
on the agenda; mostly housekeeping items.
. The bond for the expansion of the Guadalupe Regional Medical Center was on
the agenda at $110 million. Mr. Spain mentioned that the project scope has
not changed and the amount has not changed other than the debt service
reserve fund. They got an excellent bond rating based in part on the growth
rate of the County, especially in Schertz-Cibolo area.
· Board of Adjustments items: one item was postponed; a sign variance and a
setback location variance were approved for a new strip mall going up next to
Forest Ridge.
· Mr. Brockman was correct; they only had 4 members attend the BOA and the
meeting was delayed for a lack of a quorum. No alternates were present for
the meeting.
Councilrnernber Carpenter:
. Election Day is coming up on Nov 6th with I6 propositions coming up that
affect a number of our residents; early voting is taking place right now.
· He did get a call that there was some confusion about the date of the Board of
Adjustments meeting.
#5 Iterns by Mayor
· Had a question about the bond for the Guadalupe Medical Center. It is a
revenue bond, not a tax supported bond.
. Schertz Historical Committee will meet on Thursday, the I st of November at
6:30 p.m. in the Council Chambers.
ACTION ITEMS:
#6 MINUTES: Approval of rninutes, Regular Session Meeting October 16,
2007.
The motion was made by Councilmember Trayhan, and seconded by Councilmember
Scagliola, to approve the minutes of the regular session meeting of October 16, 2007. The
motion carried 5-0 and the vote was as follows:
A YES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter
NA YES: None.
#7 ORDINANCE: Discussion and action on the final reading of an ordinance
for the taxation of tangible personal property in transit. (T. Wilenchik)
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ORDINANCE NO. 07-M-46
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS TO T AD TANGIBLE PERSONAL PROPERTY
IN TRANSIT WHICH WOULD OTHERWISE BE EXEMPT
PURSUANT TO TEXAS TAX CODE, SECTION 11.253, AS
AMENDED; AND OTHER MATTERS IN CONNECTION
THERWITH.
The motion was made by Councilmember Carpenter, and seconded by Councilmember
Trayhan, to approve the final reading of an ordinance for the taxation of tangible personal
property in transit. The motion carried 5-0 and the vote was as follows:
A YES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter
NAYES: None.
#8 ORDINANCE: Discussion and action on final reading of an ordinance
authorizing and allowing updated Texas Municipal Retirernent Systern (TMRS)
service credits and establishing an effective date. This ordinance applies to new
hires frorn other qualifying governrnent entities. (D. Dykes)
ORDINANCE NO. 07-M-47
AN ORDINANCE AUTHORIZING AND ALLOWING UNDER
THE ACT GOVERNING THE TEXAS MUNICIPAL
RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN
SAID SYSTEM ON AN ANNUAL BASIS FOR SERVICE
PERFORMED BY QUALIFIYING MEMBERS OF SUCH SYSTEM
WHO AT THE EFFECTIVE DATE OF THE ALLOWANCE ARE
MEMBERS OF THE CITY OF SCHERTZ; AND ESTABLISHING
AN EFFECTIVE DATE FOR THE ORDINANCE.
The motion was made by Councilmember Carpenter, and seconded by Councilmember
Trayhan, to approve an ordinance authorizing and allowing updated Texas Municipal
Retirement System (TMRS) service credits and establishing an effective date. The motion
carried 5-0 and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter
NA YES: None.
#9 ORDINANCE: Discussion and action on final reading of an Ordinance
arnending the Unified Developrnent Code (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 frorn General Business District-2 (GB-2) and Single-Family
Residential-2 District (R-2), to General Business (GB); providing an effective date;
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and providing a repealing clause. This property is located on Maske Road east of
FM 1518, also known as the Pepsi soccer fields. (C. Gabbard)
ORDINANCE NO. 07-S-48
An Ordinance arnending the Unified Developrnent Code (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 frorn 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 was made by Mayor Pro-Tern Scagliola, and seconded by Councilmember
Carpenter, to approve an ordinance amending the Unified Development Code (UDC)
Ordinance 96-S-28 by rezoning 42.447 acres out of the Toribio Herrera Survey No. 68,
abstract No. I53 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, Carpenter
NA YES: None
#10 BID AWARD: Discussion and action on awarding the bid for the Village
Drainage Irnprovernents. (S. Willoughby)
Discussion by Sam Willoughby, Public Works Director stated that the bonding company
of insured's indemnity company is satisfied with the contractor and will bond them. At
this time they concur.
The motion was made by Councilmember Trayhan, and seconded by Councilmember
Fowler, to approve the bid of $591 ,494.53 for the Village Drainage Improvement Project
and award the contract to A&E Lopez Construction, Inc. The motion carried 5-0 and the
vote was as follows:
A YES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter
NA YES: None.
#11 Discussion and action to appoint rnernber to the Park and Recreation Board.
The motion was made by Councilmember Carpenter, and seconded by Councilmember
Trayhan, to appoint Floy Simmons to the Park and Recreation Board. The motion carried
5-0 and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter
NA YES: None.
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#12 Discussion and action to arnend the City's Investrnent Policy.
The motion was made by councilmember Wilenchik, and seconded by councilmember
Trayhan, to amend the City's investment policy to allow the Assistant City Manager in
charge of the Finance Division to serve on the Investment Advisory Committee. The
motion carried 5-0 and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter
NA YES: None.
#13 Discussion and action to appoint John Bierschwale as a rnernber of the
Investrnent Advisory Cornrnittee.
The motion was made by Councilmember Wilenchik, and seconded by Mayor Pro-Tern
Scagliola, to appoint John Bierschwale as a member of the Investment Advisory
Committee. The motion carried 5-0 and the vote was as follows:
A YES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter
NAYES: None.
#14 Discussion and action on purchase of rernaining radio read meters.
Mr. Willoughby presented this item explaining that the company has offered us a $5 price
reduction per meter for 8,500 meters if we purchase them all this year. We can borrow
the money from capital recovery funds and we will save $45,000. Additionally, by the
evidence in the meters we already have in place, we have seen greater accuracy in meter
readings and a considerable savings in labor costs. He is asking that staff be given
permission to purchase the meters and contract out the installation, with the exception of
the larger meters which will be installed by Public Works. Capital recovery funds will be
used and repaid over seven years at 5.5% interest.
The motion was made by Councilmember Wilenchik, and seconded by Councilmember
Carpenter, to approve the purchase of the remaining radio read meters out of the capital
recovery fund. The motion carried 4-1 and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Wilenchik and Carpenter
NA YES: Councilmember Trayhan
DISCUSSION ITEMS:
#15 Discussion on a resolution appointing eight rnernbers to the Board of
Directors of Reinvestrnent zone nurnber two, City of Schertz, Texas.
Mr. Spain led discussion about the importance of the appointment of eight members, with
one of those members being a staff member, to the Board of Directors. He also asked
what application process Council wanted to use for the board vacancies, including
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qualifications. Councilmember Wilenchik clarified that he is talking about the Sedona
TIRZ where there are still no homes. He also asked if Councilmembers can sit on the
board which received an initial positive reply. Mayor Pro-Tern offered that he would be
interested in sitting on this board and asked ifhe too had to complete an application. The
Mayor asked what the purpose of the board was. Mr. Spain replied that the board would
determine and manage the funds. Mr. Spain suggested that the City's Volunteer
Application be used to apply for this board also. Mr. Spain would check to see if serving
on this board would constitute "Public Office". If that were the case, Councilmembers
could not sit on the board.
#16 Discussion on arnendrnents to the City Charter.
councilmember Carpenter introduced the item based on several items brought up by
Councilmember Wilenchik last year. He led off with the letter Councilmember
Wilenchik submitted last year. Several items in the Charter are not adequately covered.
He highlighted several areas that came up since the Charter change. Councilmember
Wilenchik suggested that we are not required to do a Charter Review Commission; we
can do it by ordinance for the residents to vote on. Those items that are consistent with
state law can be stated as such. Several items were discussed at length. Councilmember
Carpenter suggested that they form a separate workshop date or working group to discuss
proposed changes. They all agreed to meet next week after their special session with
P&Z to discuss possible Charter changes.
#17 Discussion on City Ordinance pertaining to parking on residential lots.
Mr. Leonard Truitt brought back this item at City Council request. Mr. Truitt discussed a
possible ordinance that would prohibit parking on residential grassy areas. He gave a
photographic slide presentation of vehicles parked in residential yards throughout the
City. Many of the vehicles were covered in an attempt to bypass the junk vehicle
ordinance. Several slides showing recreational vehicles and boats parked in yards were
shown. Mr. Truitt answered questions from Councilmembers about specific violations
of current ordinances being shown. Mr. Truitt pointed out that it degrades our
neighborhoods when we allow people to live in their RVs in yards, and park cars in their
yards unchecked. Council discussed that there will be some residents upset with Schertz
passing an ordinance addressing these issues. City Council suggests that RVs pose a fire
hazard when parked close to homes and in yards. Councilmember Trayhan asked that
there be a provision for people who have visitors who arrive in an R V for short periods of
time.
#18 EXECUTIVE SESSION: Called under Chapter 551 Texas Governrnent
Code, Sub-Section 551.072 - Deliberation Regarding Real Property.
Council adjourned into executive session at 8:08 p.m.
The Mayor re-convened the meeting into regular session at 8:52 p.m.
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#19 Action, if any on the subject of the above Executive Session.
The motion was made by Councilmember Fowler, and seconded by Councilmember
Trayhan, to spend an amount not to exceed $50,000 for acquisition of new water rights.
The motion carried 5-0 and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter
NA YES: None.
#20 Iterns by City Manager Taylor and Staff
. Mr. Willoughby announced that there is a bid opening on Thursday.
. The lights have been checked at Ripps-Kreusler and Dimrock.
. Mr. Harris announced that the Planning Department is going to be sending out
letters to residents pertaining to the rezoning of south Schertz.
#21 ADJOURNMENT.
Mayor Baldwin adjourned the meeting at 8:55 p.m.
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Hal Baldwin: Mayor
ATTEST:
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terim City Secretary
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10/2.V2oo7
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