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06-22-10 MINUTES „ . REGULAR MEETING June 22, 2010 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on June 22, 2010 at 6:30 p.m., in the lviunicipal Complex Council hambers, i4vv Sciie~~z Parkway, Building #4, Schertz, Texas. The following members present to-wit: Mayor Hal Baldwin Mayor Pro-Tem John Trayhan Councilmember Jim Fowler Councilmember Cedric Edwards Councilmember David Scagliola Councilmember Michael Carpenter Staff Present: City Manager Don Taylor Assistant City Manager John Bierschwale Assistant City Manager David Harris City Attorney Michael Spain Deputy City Secretary Mary Ybarra CALL TO ORDER REGULAR MEETING Mayor Baldwin called the meeting to order at 6:30 p.m. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND STATE OF TEXAS. Councilmember Carpenter gave the invocation followed by the Pledges of Allegiance to the Flags of the United States and State of Texas. Public Hearing 1. Annexation I-10 - FM 1518 -Trainer Hale - Conduct a public hearing and discussion by City Council concerning the annexation of land north of I-10 between FM 1518 and Trainer Hale Road, approximately 415.02 acres. (M. Sanchez/M. Spain) Mayor Baldwin recognized City Attorney Michael Spain who provided the background and procedures on the annexation process. He stated that this is the second public hearing on the process of annexing approximately 415.02 acres of land in South Schertz bordering IH-10. A map of the proposed area was shown. He further stated that after identifying property owners, which were AG valued, those property owners were offered development agreements in lieu of annexation where they could choose not to be annexed for a period of 10 years; not pay property taxes and not receive city services, as long as they comply with the terms of the development agreement. Mr. Spain provided information on those property owners agreeing and not agreeing to take the offer of the Development Agreement. This is the second public hearing required as part of the annexation process, and first reading of the ordinance considering the annexation is on July 13, 2010, and final reading is on July 20, 2010. Mayor Baldwin opened the public hearing and as no one spoke, closed the public hearing. 06-22-2010 Minutes HEARING OF RESIDENTS Mayor Baldwin recognized the following: ' • Lisa Connolly, 3720 Limestone Lane who thanked the City and those individuals involved with supporting the Doggy Dash event. This year the event was the most successful to date and raised approximately $17,000. Ms. Connolly presented plaques and T-shirts to Council, City staff and Animal Care Services for their support. Mayor Baldwin recognized Valerie Wilenchik who was in the audience; she is the widow of previous Councilmember Tony Wilenchik who is the founder of the Doggy Dash event in the City. • Dr. Roser, LaVernia spoke on behalf of the Alamo Puppy Expo held at the Civic Center and expressed her support. All pets sold through the Puppy Expo are guaranteed, vaccinated, and are kept in comfortable environments. These conditions are not met for street vendors and she is against that type of selling. She hopes the City would consider allowing the Alamo Puppy Expo breeders the opportunity to continue selling their puppies in the City of Schertz Civic Center. • Violet Margly, 9375 Cinchona Trl who spoke against allowing rental space for the Alamo Puppy Expo and the selling of puppies; there are so many puppies put down every year and she would rather see more puppies adopted than bred for profit. • Jeff Martin, 3436 Dartmouth who spoke regarding an erosion issue at the Ridge of Carolina Crossing. Water run-off from Schertz Parkway has caused erosion of the drainage ditch to the point of exposing sewer main line. Mr. Martin was directed to contact City Engineer Larry Dublin to discuss the issue. • Rob Marshall, 17340 Bell North Drive spoke regarding his business: Medical Waste Facility on Bell North. Mr. Marshall provided a brief explanation regarding the disposal process, and wanted to assure the public that the facility is certified, everything being done is safe and not harmful to the environment. He invited Council to tour the facility at any time. • George Antuna, Intergovernmental Relations Director announced that Friday, June 25, 2010 would be his last day with the City of Schertz. He thanked City Manager Don Taylor and Mayor Baldwin for the opportunity to work for the City. It has been an honor to work for the City as well as City Department Heads and staff. He will venture into the private sector; his plan is to own his own business-something he has always wanted to do. Mr. Antuna recognized his wife Trish and son Jorge that were in audience. Mayor Baldwin wished Mr. Antuna the best and asked that he not be a stranger and to possibly consider volunteering on one of the City boards/commissions. Discussion and/or Action Items. 2. Ordinance No. 10-A-19 -Consideration and/or action approving an ordinance regarding annexation of a portion of Schwab Road and certain adjacent areas and a portion of FM 482 and certain adjacent areas. First reading (M. Spain/M. Sanchez) Mayor Baldwin recognized City Attorney Michael Spain who introduced this item answering questions from Council. Mr. Spain recapped the annexation process for Council and stated that second reading of the ordinance is July 6, 2010. 06-22-2010 Minutes Page - 2 - Mayor Baldwin recognized Mayor Pro-Tem Trayhan who moved, seconded by Councilmember Fowler to approve Ordinance No. 10-A-19 first reading. Vote was unanimous. Motion Carried. 3. Minutes -Consideration and/or action regarding the approval of the minutes of the Regular meeting of June i5, 2010. Mayor Baldwin recognized Councilmember Edwards who moved, seconded by Mayor Pro-Tem Trayhan to approve the corrected minutes of June 15, 2010. Vote was unanimous. Motion Carried. 4. Hierarchy of Succession -Discussion and consideration and/or action on hierarchy of succession during temporary absence of City Manager. (D. Taylor) Mayor Baldwin recognized City Manager Don Taylor who stated that action requested of Council authorizes a change to the Hierarchy of succession during temporary absence of the City Manager to state "that during the temporary absence of the City Manger that Assistant City Manager John Bierschwale; if he is not available then, Assistant City Manager David Harris; if he is unavailable, then Assistant to the City Manager Bob Cantu; if he is unavailable, then Finance Director Juan Santoya. Mayor Baldwin recognized Mayor Pro-Tem Trayhan who moved, seconded by Councilmember Scagliola to approve hierarchy of succession during temporary absence of City Manager as described above. Vote was unanimous. Motion Carried. Mayor Baldwin stated that the reason for the temporary absence of city personnel is due to City Manager Don Taylor receiving a Lifetime Achievement Award from the Texas City Managers Association in Galveston June 25, 2010. 5. Ordinance No. 10-5-08 -Consider and act upon a request to rezone approximately 84.71 acres of land from Garden Home Residential District (GH) to Single-Family Residential District (R-7) Single-Family Residential (R-6) and General Business District (GB). The property is more specifically described as a portion of the C. M. Gahagan Jr. Survey No. 258, Abstract No. 142, Guadalupe County and Abstract No. 182, Comal County, Texas, generally located near the southwest corner of IH 35 and Eckhardt Road. First Reading (M. Sanchez) Mayor Baldwin recognized Development Services Director Michelle Sanchez who introduced this item answering questions from Council. Ms. Sanchez stated that the City Council did not act on the initial request for an R-7 zoning, they voiced several concerns in relation to the density of 83~ acres developed as 6,600 square foot lots and requested the applicant bring a concept of larger lots for this subdivision. The applicant has several constraints on a portion of property that is currently developed and cannot increase the lot depth, as it exists today. The revised zoning request identifies more General Business, R-7 in the front and R-6 for the remainder of the development. A map was shown of the area. The Planning & Zoning Commission as well as staff recommends approval. The owner, developer, and project engineer were present to answer any questions. 06-22-2010 Minutes Page - 3 - Mayor Baldwin recognized Councilmember Scagliola who believes that density is still an issue, R-6 zoning really hasn't decreased density, and if approved he believes it creates a template for the next developer. After a lengthy discussion by Council, Council concurred that the developer acted in good faith in the proposed revision, and met UDC requirements. The Ciiy cannot ask them to revisit therssue at this point; they have complied, and the City has a commitment to proceed. Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Mayor Pro-Tem Trayhan to approve Ordinance No. 10-5-08 first reading. Vote was 4 to 1, Councilmember Scagliola voting no. Motion Carried 6. Chapter 14 of the City of Schertz Code of Ordinances Animals -Discussion and possible action regarding animals being sold, bartered, traded, or given away on any roadside or public right of way as well as Civic Center renting space for breeders. (M. Spain/Z. Douglas/J. Robinson) Mayor Baldwin turned over the meeting to Mayor Pro-tem Trayhan. Mayor Pro-tem Trayhan recognized City Attorney Michael Spain who introduced this item answering questions from Council. Mr. Spain briefed Council on the current UDC that fully addresses one aspect, and half of the other issue that is before Council for consideration. He read an excerpt that fully addresses one aspect from Chapter 14, Article 1, Section 14.33 (m)-no animal shall be sold bartered, traded, or given away on any roadside or public rim f wa~If sold bartered traded or riven away on any business parking- lot written consent rom the property owner and a permit from the city shelter is required. This is existing law within the City and the City Marshal and Police Department can enforce the sale of animals on roadside, public right of way, etc. In the case of the Civic Center to some degree, it is covered by the code; however, the City can address a policy if one is in place or the City may set policy and establish standards of regulations to be followed for the sale of animals in facilities such as the Civic Center. Mayor Baldwin returned. Mayor Baldwin recognized Animal Services Manager Zach Douglas who stated that the animal shelter follows the ordinance to the letter when it comes to permits; it holds individuals to those standards set by the ordinance. Mayor Pro-Tem Trayhan stated that he understands animal services is following the current ordinance, however, asked if there is something that Council could do to help in the process. Mr. { Douglas explained there are several options to explore, and would be happy to sit with Council and discuss these options. Council continued discussion and covered the following: - possibly establishing an ordinance for no roadside sale of animals in Schertz. - foreign breeders vs. domestic breeders - USDA licensing 06-22-2010 Minutes Page - 4 - - organizational club membership - not having commercial establishments sell animals - sales tax collection After lengthy discussion on the issue, Council concurred to have Zach Douglas come back with a recommendation after reviewing options. City rdiarnager Doii Taylor asked that staff be given a couple of weeks to prepare their report to Council. Council concurred. 7. Resolution No. 10-R-32 - Consideration and/or action approving a resolution regarding a Service Agreement between the City of Schertz Economic Development Corporation and Site Location Partnership, and other matters in connection therewith. (J. Jewell). Mayor Baldwin recognized Economic Development Director Jeff Jewell who introduced this item answering questions from Council. Mr. Jewell stated that on June 10, 2010, the City of Schertz Economic Development Corporation Board of Directors held a public hearing and voted to renew a services agreement with Site Location Partnership for business recruitment and marketing services. Site Location Partnership (SLP) is a consulting firm specializing in corporate site location, economic development business attraction and targeted marketing strategy. The resolution approves a yearlong engagement with SLP to meet those objectives. The agreement was reviewed by City Attorney and found satisfactory. Mayor Baldwin recognized Mayor Pro-Tem Trayhan who moved, seconded by Councilmember Carpenter to approve Resolution No. 10-R-32. Vote was unanimous. Motion Carried 8. Sid # 10-ENG19-C-02 -Consideration and/or action awarding a bid to Yantis Company for Infrastructure to support SYSCO of Central Texas. (L. Dublin) Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item answering questions from Council. Mr. Dublin stated that the proposed construction of municipal infrastructure for the SYSCO-Central Texas Distribution Center is part of a development agreement between SYSCO and the City of Schertz and funded by the Economic Development Corporation. The project bid on June 10, 2010 with eight contractors submitting. A tabulation of the bids was attached showing the low bidder on the Base Bid and the Base Bid with Alternates to be DNT Construction. It is the recommendation of the City Engineer that the contract be awarded on the basis of the Base Bid plus Alternate 1. Alternate 1 provides for the main truck entry street to be constructed 9" of Reinforced Concrete pavement in lieu of Asphalt treated Base and surface. Mr. Dublin reported that DNT admittedly made a mistake in the entry of their unit price for concrete pavement of $25.15. This compared to the other unit prices of $40.00 to $52.00 indicates a difference of $207,000 to $250,000 between DNT and the other contractors. Their bid for the Base Bid plus Alternate 1 was $1,130,686.79. For this reason, the City Engineer recommends that the bid of DNT 06-22-2010 Minutes Page - 5 - be declared not responsive and that the contract be awarded to Yantis Company in the amount of $1,380,296.80. Mayor Baldwin recognized Mayor Pro-tem Trayhan who moved, seconded by r Councilmember Carpenter to award the bid to Yantis Company in the amount of $1,380,296.80. Vote was unanimous. Motion Carried. 9. Ordinance No. 10-D-18 -Consideration and/or action approving an ordinance installing stop signs along Savannah Drive and Whitaker. First Reading (L. Dublin) Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item answering questions from Council. Mr. Dublin stated that a traffic study conducted by the City Engineering Department, after a request by citizens, indicates the need for an addition of a stop sign on Savannah Drive at its intersection with Whitaker. Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by Councilmember Fowler to approve Ordinance 10-D-18 first reading. Vote was unanimous. Motion Carried. Mayor Baldwin adjourned into executive session at 8:31 p.m. EXECUTIVE SESSION Called under Section 551.071 Texas Government Code Litigation, pending litigation; Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange, sale, lease, or value of real property. Mayor Baldwin reconvened into regular session at 9:15 p.m. 10. Take any action deemed necessary as a result of the Executive Session. No action was necessary. Requests and Announcements 11. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No requests given. 12. Requests by Mayor and Councilmembers to City Manager and Staff for information. Mayor Baldwin recognized Councilmember Scagliola who stated that the house at Wimbledon and Country Club Blvd has gone into foreclosure and the house has become an eye sore. What, if anything, can the City do about it? City Manager Don Taylor stated that the City would look into the matter. 06-22-2010 Minutes Page - 6 - Mayor Baldwin reported that on the 600 block of Wright Ave. there is a house with very tall grass. City Manager Don Taylor stated that the Marshal's office would investigate. 13. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items Mayor Baldwin recognized Councilmember Scagliola who stated that he attended a gathering of the Historical Preservation Committee that took place at a historical part of City, First Street. Mr. Dean Weirtz, Historical Committee President gave a comprehensive briefing of the area. He also thanked City Staff for setting up the joint meeting with Planning & Zoning, EDC, and Council. The meeting was very worthwhile. Mayor Baldwin echoed Councilmember Scagliola's comments, and added that he would like to suggest setting a standing meeting where all three groups meet quarterly. Council concurred. 14. Announcements by City Manager • Recognition of City employee actions • New Departmental initiatives Mayor Baldwin recognized City Manager Taylor who wanted to express staffs appreciation to Council for making the effort to be present at the joint session. Mayor Baldwin recognized City Engineer Larry Dublin, who reported that Morning Drive met the requirement of our City ordinance and does not have to come before Council as a separate item for consideration. A traffic study was conducted, and it determined the installation of speed humps (on the Country Club side) at this time. The street will be monitored to determine if a second set is necessary. ADJOURNMENT As there was no further action, Mayor Baldwin adjourne the meeting at 9:21 p.m. al Bal in, Mayor ATTEST: Mary Barr , T C, Deputy City Secretary 06-22-2010 Minutes Page - 7 - 1 i