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12-04-2007 MINUTES REGULAR SESSION DECEMBER 4, 2007 The Schertz City Council convened in Regular Session on Tuesday, December 4,2007, 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, John Trayhan, Jim Fowler, Tony Wilenchik and Michael Carpenter. Also present were: City Manager Don Taylor, Assistant City Managers John Bierschwale and David Harris, City Attorney Michael Spain and Interim City Secretary Mary Ybarra. #1 CALL TO ORDER. Mayor Baldwin called the meeting at 6:30 p.m. #2 PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND STATE OF TEXAS. Both pledges were recited. #3 HEARING OF RESIDENTS. Frances Rushin2.. President of the Schertz Chamber of Commerce December 7 - Festival of Angels - 6:30 p.m. . Parade-Schertz Bank & Trust, would love to have the Mayor & Council ride on the fire truck . Lighting of the tree at City Hall after the parade . Entertainment . Santa pictures with donation of canned good or gift for Blue Santa December 8 - Christmas in the Park - 9:00 a.m. - 12:00 p.m. Pickrell Park . Snow in the park, including new 8' slide . Breakfast goodies -donuts, juice and coffee . Santa pictures again . Entertainment Upcoming Ribbon Cuttings . Bellacino's Italian Restaurant, Dec 11, 3:00 p.m. . Lowe's Dec 20th , . Massage Envy, Dec 20th . Schertz Elementary, Dec 20th . Premier Martial Arts, Jan 3rd . Julie Weidner CPA, Jan 8th City Council Regular Meeting December 4, 2007 47 Robert Brockman. 1001 Elbel Road, Resident . Library bid opening on December 10th changed to 4:00 p.m. He would like someone to explain the change in time to him and the contractors who picked up packages that may have said 2:00 p.m. . Regarding Mr. Ramon Cook who served on boards; do we plan to recognize his service? #4 Items by Council General Announcements Mayor Pro- Tem Scagliola . Chamber luncheon last week; Bellacino's catered; it was delicious. . Has plans to attend the festivities this weekend. . Will attend TSAC this week. Councilmember Fowlef . None Councilmembef Tfayhan . He will attend the Schertz Housing Authority meeting on December 10th Councilmembef Wilenchik . Commissioners' Court Update: a. Spoke with Jim Wolverton who suggested the mayors from the seven incorporated cities in Guadalupe County approach the Court and express their concerns with using funds paid for by all county residents for an animal shelter available only to the 22% of the people that live in the unincorporated portions of the county. b. Judge Wiggins plans on attending the Festival of Angels parade; he commented on the attendance at the Seguin parade last week and considers it a competition between the two cities to see who gets the higher turnout. c. The Court took no action on the interlocal agreements regarding subdivision regulations between the County and four cities (including Schertz). The agreements will be reviewed at an 11 Dec workshop to address possible changes regarding acreage, road inspections, and septic tanks. Judge Wiggins asked that we postpone action of our agenda item number 12 this evening until they get back with us on possible changes. . Had the opportunity to attend the grand opening of the Emergency Operations Center in San Antonio on Monday. The $24 million facility is state-of-the-art and provides superior communications and coordination in the event of a natural or man-made disaster. . Had the opportunity to attend a coffee sponsored by Congressman Henry Cuellar on Saturday in Cibolo. It was informative and the question-and- City Council Regular Meeting December 4, 2007 48 answer session was feisty. The Cibolo VFD received a grant check from Congressman Cuellar which was accepted by their Deputy Chief Timke who is a captain in our Fire Department. . Thoroughly enjoyed the arrival of the Pony Express riders at Pickrell Park on Saturday. . Request an agenda item for next week to discuss the possible removal of a Parks Board member. Councilmember Carpenter and Councilmember Trayhan concurred. Councilmember Carpenter . Attended the Library Board meeting last week. . Electronic billboard information is currently being addressed in San Antonio. . Will be riding on the Library float in the parade. #5 Items by Mayor General Announcements . Mayor was approached by a senior resident about transportation issues faced by seniors in Schertz. He suggests Council take a look at this issue. . The Mayor had another complaint from a resident in Ashley Park about parking next to the stop sign. He would like the Police Chief to look at it. This also happens on Curtis with parents blocking the street while waiting for school children. . Will attend his first Commuter Rail meeting at AACOG. . There has been some talk about the Schertz Animal Facility becoming a no- kill facility. The Mayor wanted to know if this is possible. #6 INTRODUCTIONS: Departments. New city employees in Fire, Parks and Police This item was removed from the agenda. ACTION ITEMS: #7 MINUTES: Approval of minutes, Regular Session meeting of November 27, 2007. The motion was made by Councilmember Wilenchik, and seconded by Councilmember Trayhan, to approve the minutes of the regular session meeting of November 27,2007 as corrected. The motion carried 5-0 and the vote was as follows: AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter. NAYES: None. City Council Regular Meeting December 4, 2007 49 #8 APPOINTMENT: Appoint John Trayhan as Mayor Pro-Tern, term to expire June 2008. Councilmember Trayhan was sworn in as Mayor Pro-Tern by Mayor Baldwin. #9 RESOLUTION: Discussion and action on the City of Schertz declaring its support for Patrick W. Lindner as a representative of municipal interests on the Region L Water Planning Group. RESOLUTION NO. 07-R-52 A RESOLUTION OF THE CITY OF SCHERTZ, TEXAS DECLARING ITS SUPPORT FOR PATRICK W. LINDNER AS A REPRESENTATIVE OF MUNICIPAL INTERESTS ON THE REGION L. WATER PLANNING GROUP Assistant City Manager John Bierschwale introduced this item and recommended City Council approve this appointment. The motion was made by Councilmember Wilenchik, and seconded by Mayor Pro-Tern Trayhan, to approve a resolution declaring its support for Patrick W. Lindner as a representative of municipal interests on the Region L. Water Planning Group. The motion carried 5-0 and the vote was as follows: AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter. NAYES: None. #10 RESOLUTIONS: Discussion and action on three (3) resolutions authorizing professional services agreements with Bill Klemt, Crockett Camp and Bury & Partners and other matters therewith. RESOLUTION NO. 07-R-53 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH BILL KLEMT, AND OTHER MATTERS IN CONNECTION THEREWITH. .RESOLUTION NO. 07-R-54 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH CROCKETT CAMP, AND OTHER MATTERS IN CONNECTION THEREWITH. City Council Regular Meeting December 4, 2007 50 RESOLUTION NO. 07-R-55 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH BURY & PARTNERS, AND OTHER MATTERS IN CONNECTION THEREWITH. The motion was made by Councilmember Wilenchik, and seconded by Councilmember Carpenter, to approve three (3) resolutions authorizing professional services agreements with Bill Klemt, Crockett Camp and Bury & Partners and other matters therewith. The motion carried 5-0 and the vote was as follows: AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter. NA YES: None #11 ORDINANCE: Discussion and action on fmal reading of an ordinance approving a request for a Specific Use Permit for Lot 1, Block 1, in the Texas Tack and Trailer Subdivision. ORDINANCE NO. 07-S-49 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE UNIFIED DEVELOPMENT CODE (UDC) ORDINANCE 96-S-28, AMENDED, BY GRANTING A SPECIFIC USE PERMIT FOR LOT 1, BLOCK 1, OF THE TEXAS TACK AND TRAILER SUBDIVISION CONTAINING 5.00 ACRES OF LAND AUTHORIZING A HEAVY EQUIPMENT SALES AND RENT AL ESTABLISHMENT AS A NEW AND UNLISTED USE SUBJECT TO INSTALLATION AND UTILIZATION BY THE OWNER OF THE SELF-CONTAINED RECYCLING WASH RACK NOT CONNECTED TO A PRIVATE SEPTIC OR A PRIVATE SEWER FACILITY; PROVIDING AN EFFECTIVE DATE; AND PROVIDING A REPEALING CLAUSE. The motion was made by Mayor Pro-Tern Trayhan, and seconded by Councilmember Wilenchik, to approve an ordinance granting a specific use permit for lot 1, block 1, of the Texas Tack and Trailer Subdivision containing 5.00 acres of land authorizing a heavy equipment sales and rental establishment as a new and unlisted use subject to installation and utilization by the owner of the self-contained recycling wash rack not connected to a private septic or a private sewer facility; providing an effective date; and providing a repealing clause. The motion carried 5-0 and the vote was as follows: AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter. NAYES: None. City Council Regular Meeting December 4, 2007 51 #12 RESOLUTION: Discussion and action on a resolution regarding an Interlocal Cooperation Agreement between Guadalupe County and the City of Schertz for subdivision regulation within the Extraterritorial Jurisdiction of the City of Schertz, Texas. Item was withdrawn with no action. #13 APPOINTMENTS: Discussion and action to appoint members to the Library Board. Community Services Director Gail Douglas introduced the item and recommended approval of reappointments of returning members, and approval of the new applicant. The motion was made by Council member Fowler, and seconded by Councilmember Carpenter, to reappoint Ruth Tienor, Margaret Riley, Laura Wilson, Pattie Lovelady and Mary McAllister to the Library Board for two-year terms to expire 2009. and to appoint Carol Cyr to fill the vacant position to expire December. 2008. The motion carried 5-0 and the vote was as follows: AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter. NAYES: None. #14 Discussion and action regarding the 2008 Master Calendar. Councilmember Wilenchik led discussion about the fifth Tuesday meetings normally held jointly with Planning and Zoning Commission. He suggested those weeks be left open. He also reminded Council that they could change every other meeting back to a workshop meeting again. Councilmember Wilenchik asked if an ordinance was adopted setting the days and times for the Council meetings. Mayor Baldwin suggested the 5th Tuesday meetings be canceled. The motion was made by Councilmember Wilenchik, and seconded by Councilmember Scagliola, to approve the 2008 Master Calendar as amended canceling the 5th week Tuesday meetings with the exception of January 29th. The motion carried 5-0 and the vote was as follows: AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter. NAYES: None. DISCUSSION ITEMS: #15 Discussion on Council's preference regarding project briefings. Mr. Taylor, City Manager, presented the item to City Council stating that staff has some confusion as to how City Council would like items to come to Council through the various boards and commissions. Councilmember Carpenter commented that he would City Council Regular Meeting December 4, 2007 52 prefer that items always come through the boards first; that way Council will be presented with a complete package with recommendations attached. After some lengthy discussion, Mr. Spain, City Attorney, reminded City Council that with the exception of certain boards like Planning and Zoning, most boards and commissions are advisory only. Mr. Wilenchik summarized that Council's consensus is that it goes to the board or commission before coming to the City Council for action. #16 EXECUTIVE SESSION: Called under Chapter 551 Texas Government Code, Sub-Section 551.072 - Deliberation Regarding Real Property. Item was not necessary and was removed from the agenda. #17 Action, if any on the subject of the above Executive Session. Not required. #18 Items by City Manager Taylor and Staff General Announcements . Mr. Bierschwale reminded City Council about the Festival of Angels events this Friday. . Councilmember Wilenchik asked for clarification on the Special Called Meeting on December 20th #19 ADJOURNMENT Mayor Baldwin adjourned the meeting at 7:40 p.m. / ,/ " J ") /" C/:W/~ ' _ Hal Baldwin, Mayor ATTEST: t '-/) 1 11/ / / tz lef c. / v;t, llc:L..--- Mary Ybarri, Inteiim City Secretary City Council Regular Meeting December 4, 2007 53