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07-13-10MINUTES REGULAR MEETING July 13, 2010 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on July 13, 2010 at 6:30 p.m., in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to-wit: Mayor Hal Baldwin Councilmember Jim Fowler Councilmember Michael Carpenter Mayor Pro-Tem Cedric Edwards Councilmember David Scagliola Staff Present: City Manager Don Taylor Assistant City Manager David Harris City Secretary Brenda Dennis CALL TO ORDER REGULAR MEETING Assistant City Manager John Bierschwale City Attorney Michael Spain 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 Fowler gave the invocation followed by the Pledges of Allegiance to the Flags of the United States and State of Texas. PRESENTATION • Presentation and discussion regarding the Economic Development Corporation Strategic Plan. (J. Jewell) Mayor Baldwin recognized President and CEO Tom Stellman with Tip Strategies who provided a brief PowerPoint presentation regarding the updated Economic Development Corporations Strategic Plan answering questions from Council. HEARING OF RESIDENTS Mayor Baldwin recognized the following: ~ Mr. George Logan, Parks & Recreations Director, who invited everyone to the second annual "Dive-in Movie in the Park" sponsored by the City of Schertz and Time Warner (Shark Tale) Saturday, July 24, 2010 8:45 p.m. at Pickrell Park Pool. Bring your swim gear and beach towel to enjoy a free pool party from 6-8:30 p.m. prior to the movie. Free admission. • Mr. Carl Douglas, 2550 Woodland Village, who asked for a breakdown of the remaining unspent funds from 2006 Bond issue for the water crossing that was saved. City Manager Don Taylor stated that he would get with him and provide him a breakdown. 07-13-2010 Minutes • Mr. Leroy Gaylor, 60S Main Street, who asked for assistance in getting through some of the City requirements for opening a new restaurant. • Ms. Sandee Goodrich, 3933 Windy Brook, who spoke regarding the need for speed humps in her subdivision. City Manager Don Taylor stated that this item would be turned over to the Transportation Safety Advisory Commission. • Mr. Johnie McDow, 3640 Prairie Lane, who provided a briefing and update on the activities of BVYA. • Mr. Myles Clauser, IT Director, who provided a briefing on the new computer aided dispatch system. Discussion and/or Action Items 1. Mayor Pro-Tem Appointment -Consideration and/or the appointment of the Mayor Pro-Tem, term expires December 2010. (Mayor Baldwin to administer oath of office to Cedric Edwards). Mayor Baldwin administered the oath of office to Councilmember Edwards. 2. Minutes -Consideration and/or action regarding the approval of the minutes of the Regular Meeting of July 6, 2010. Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Councilmember Fowler to approve the minutes of the Regular Meeting of July 6, 2010. Vote was unanimous. Motion Carried. 3. Resolution No. 10-R-36 -Consideration and/or action approving a resolution in support of and authorizing the Comal Appraisal District to purchase the land and building located at 904 South Seguin Avenue, New Braunfels, Texas. (Chief Appraiser Curtis Koehler) Mayor Baldwin recognized Assistant Chief Appraiser Tim Kilpatrick and Jennifer Salazar, Comal Appraisal District who introduced this item stating that the Appraisal District is pleased to present to the City of Schertz a resolution approved by the Comal Appraisal District Board of Directors at their July 6, 2010 meeting. The Comal Appraisal District has been in the process of evaluating the needs for a new office building. The Board of Directors has determined that a new facility is warranted and can be achieved at no additional cost to the taxing units. Mr. Kilpatrick stated that Section 6.OS 1 of the Texas Property Tax Code requires that each taxing unit receive a copy of the approved resolution. The Tax Code requires that three fourths of the governing bodies of the taxing units entitled to vote on the appointment of appraisal district board members must adopt or approve the proposed resolution within thirty days of receipt. Action requested of Council is to approve a resolution for the purchase of a property located at 904 South Seguin Avenue, New Braunfels, Texas for the purpose of office relocation. Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by Councilmember Fowler to approve Resolution No. 10-R-36. Vote was unanimous. Motion Carried. 07-13-2010 Minutes Page - 2 - _ 4. Ordinance No. 10-A-20 -Consideration and/or action approving an ordinance regarding annexation of approximately 183 +/- acres located immediately north of Interstate Highway 10 and between FM 1518 and Trainer Hale Road, all in Bexar County Texas. First reading (M. Spain/M. Sanchez) Mayor Baldwin recognized City Attorney Michael Spain who introduced this item stating that this is the first reading of an ordinance to annex the area that is off of IH-10 that was in the City of San Antonio's ETJ which was recently released to the City. Mr. Spain stated that the original acreage was approximately 415 acres with 35 parcels. He stated that as required by Texas Law the City was required to offer a Development Agreement in lieu of annexation to those properties that are valued AG property. Mr. Spain stated that he has received nine Development Agreements, which now brings the total acres to approximately 183 1/2 acres with 25 parcels instead 35. The annexed property will be added to the tax rolls and the City will be responsible for providing municipal services to that property. He stated the final reading of the annexation ordinance would be on July 20, 2010. Mayor Baldwin recognized Councilmember Fowler who moved, seconded by Mayor Pro-Tem Edwards to approve Ordinance No. 10-A-20 first reading. Vote was unanimous. Motion Carried. 5. Vacancy on City Council -Discussion and/or action regarding filling the vacancy on City Council (D. Taylor/M. Spain) Mayor Baldwin recognized City Attorney Michael Spain who introduced this item stating that as a result of the resignation of Councilmember Trayhan, the City Council must fill the vacancy. Mr. Spain stated Mr. Trayhan's term was scheduled to end in May 2011. Section 4.06(c) (1) of the City Charter states as follows as to such a vacancy: "If there are less than 365 days remaining in the term of the vacated City Council position, the City Council may, by majority vote of the remaining Councilmembers, at its discretion appoint a new Mayor or Councilmember to fll such vacancy or call a special election to fill such vacancy." Management recommends that City Council fill the vacated position by appointment rather than special election for the following reasons: 1. A special election would have to be held in November. The City is not planning a November election, so this would be an unbudgeted cost. (The election would have to be called by August 24.) 2. Filling the vacancy by special election would leave a vacancy in City Council for three months. As we learned during the vacancy caused by Councilman Wilenchik's death, this can result in quorum and voting difficulties during the vacancy. 07-13-2010 Minutes Page - 3 - 3. A person elected at a special election would hold office for only six months and then must stand for re-election. Appointment would avoid these problems except for the short period of vacancy until the appointment occurs. Management recommends that City Council discuss and take action on advertising for the position, establish a process to review applications, and set a schedule for appointment. Mayor and City Council discussed having anyone interested in serving to fill out a volunteer application along with a letter of interest and qualifications. City Council discussed placing an advertisement on the City's website to include the following: Application deadline by 5:00 p.m. Friday, July 23, 2010 Applications to be mailed or dropped off to the City Manager's Office Listing of qualifications as listed in Section 4.02 of the City Charter Once the applications are compiled, they will be forwarded to the City Council for review at which time interviews will be set up. 6. Resolution No. 10-R-37 -Consideration and/or action regarding approval of a resolution authorizing an operating agreement with the Comal County Senior Citizens' Foundation (M. Spain) Mayor Baldwin recognized City Attorney Michael Spain who introduced this item stating that as the Council may recall on May 18, 2010 the city entered into an operating agreement with Comal County Senior Citizens' Foundation to operate the Schertz Senior Citizen Program for nutritional and social services. Mr. Spain stated that since then, Robert Lopez with the Senior Citizens Foundation has had additional thoughts on possibly partnering with another organization that could provide additional services to the seniors at the facility. WellMed Medical Management and WellMed Medical Practice could provide medical services to users of the Senior Center; assist in remodeling the building, and install new equipment and furnishings. Mr. Spain stated that Mr. Lopez has had experience with this type of service with WellMed. Mr. Spain stated that since this item was sent to Council for consideration, he along with City Management, Mr. Lopez, and Ms. Carol Sernio of WellMed met and agreed to advertise and go out for RFP's for similar services that WellMed provides. Mr. Lopez and Ms. Sernio briefed the Council on the possible additional services that could be provided to the seniors and answered questions from Council. Mr. Lopez and Ms. Sernio stated that this type of partnering has worked very well with their program in New Braunfels. City Attorney Michael Spain recommends that Council ignore the resolution and agreement and allow staff to come. to Council with an RFP for services. Council concurred. 07-13-2010 Minutes Page - 4 - 7. Report on Soccer Alliance Defaults -Report by Director of Parks and Recreation -._ and City Attorney concerning multiple continuing defaults and consideration and/or action terminating the Soccer Alliance Public Facility License Agreement or other action. (G. Logan/M. Spain) Mayor Baldwin recognized Parks and Recreation Director George Logan and Robert Wallace with the Schertz Youth Soccer Alliance who introduced this item stating that the existing soccer alliance has the following defaults: 1. failed to pay required non-resident charges (§3.02) - (a) 2010 payment is 1/10 of 2009 payment. Mr. Wallace stated that this evening he has the check for $13,100 for the non-resident charges. (b) no documentation to establish use of City Fields bynon-residents (c) non-residents are using City parking lot to play on adjacent (non-City property) 2. failed to get required construction permits (§3.04) 3. failed to file for or receive federal tax-exempt status (§4.02) 4. failed to file required annual financial reports (§4.04) 5. failed to file required annual activities report (§4.05) 6. failed to provide an annual calendar of events with monthly updates(§4.06) 7. failed (City believes) to pay required tournament/special events fees since City hasn't been given schedule (§5.01) 8. failed to have sublicensing fees approved by the City (§5.02) 9. failed to get prior City approval of parking lot improvements (§6.01) Action requested of Council is to terminate the Public Facility Agreement with the Schertz Soccer Alliance due to the multiple defaults to the agreement by the Schertz Soccer Alliance. Mayor Baldwin and Council discussed the possible options in great length for the Alliance to come into compliance. Council stated that the three entities need to come together as one and remedy the defaults. Mr. Logan stated that since last Thursday, there has been a lot of dialog to remedy the problems and he believes that with the extension of the agreement, staff will have the opportunity once again to go over what is required with a complete understanding. Council members discussed giving the Alliance either six-months or 90-days to remedy the problems. Mr. Wallace stated that he believed that with the exception of filing for the exempt status, he believes that the other defaults should be tightened up and remedied within three months. Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Mayor Pro-Tem Edwards to amend, restate the agreement and bring back to Council on July 27, 2010. This combines the three organizations into one non-profit organization for the City, tightens up the controls, and shortens the term making it a probation period for 90 days subject to the appropriate extensions for specific items as discussed above. Vote was unanimous. Motion Carried. 07-13-2010 Minutes Page - 5 - Mayor Baldwin stated that soccer is a serious business and wants everyone to work together to keep this organization together as it is to the City's advantage. Requests and Announcements 8. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Mayor Baldwin recognized Councilmember Carpenter who requested that once the new Councilmember is on board he would like staff to schedule time to revisit the EDC Strategic Plan and finish the work, this would be with staff and Council. Councilmembers Edwards and Scagliola concurred. Mayor Baldwin recognized Councilmember Scagliola who asked for a discussion item to review Table 21.5.7 of our UDC relating to dimensional requirements for residential zoning districts. Councilmember Carpenter and Mayor Pro-Tem Edwards also agreed. 9. Requests by Mayor and Councilmembers to City Manager and Staff for information. Mayor Baldwin recognized Councilmember Fowler who asked for an update on Country Club Blvd. City Engineer Larry Dublin stated that the contractor was looking at a window of five to seven days and that the contractor will start on Monday and stay until the other side is open, not more than a week. 10. 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 Mayor Pro-Tem Edwards who stated he recently attended the Light House meeting, which is held every first Monday of the month in San Antonio at the Frost Bank Tower, stating there is a lot of charter school information being sent out and there are several who are looking for locations for charter schools to expand. Mayor Pro-Tem Edwards recommended they contact our Economic Development Department. Mayor Baldwin recognized Councilmember Carpenter who stated that he would be out of town and out of the state for the next meeting. Mayor Baldwin recognized Councilmember Fowler who stated that he recently visited the Medical Waste Facility and they are putting together the system for waste disposal and should be up and running very soon. 07-13-2010 Minutes Page - 6 - He also stated he attended the demonstration on the new computer aided dispatch system stating it was very impressive and improves our span of control. Mayor Baldwin recognized Councilmember Scagliola who thanked public works for patching the sinkhole at Wedgewood. Councilmember Scagliola mentioned that last week he forgot to thank some superior performers who assisted with the success of the 4~' of Jubilee event, he thanked Jessica, Brenda, Valarie, Bob, Fran from Northern Lights, the Marshal's Office, the Police Department, Fire Department, EMS Department, and Nancy from the Chamber of Commerce. Mayor Baldwin announced that at their meeting this evening, the Gonzalez County Underground Water Conservation District approved a permit for San Antonio Water System to pump 11, 687 acre-feet of water from the Carrizo Aquifer. He stated that there would be a news release tomorrow at 2:00 p.m., at SAWS headquarters. This means that the City of Schertz will be able to begin negotiations with SAWS to transport their water from the well sites in Gonzalez County into our pipe and then over into their system. This acquisition will save SAWS millions of dollars. Mayor Baldwin publically thanked Ramon Cook for his foresight and assistance in this project. Mayor Baldwin recognized City Attorney Michael Spain who stated that he would be out of town the rest of the week, in on Monday, and on vacation starting Tuesday of next week through the remaining of the week, and will not be at the next meeting. If you need anything, please contact Jaime French with his office. 11. Announcements by City Manager • Recognition of City employee actions • New Departmental initiatives Mayor Baldwin recognized Assistant City Manager John Bierschwale who stated that the Blue Ribbon Committee will be meeting Wednesday evening at 6:00 p.m. at the Schertz Library and the Committee will be bring a report to the next meeting recommending the Council consider a bond election. Mayor Baldwin recognized Assistant City Manager David Harris who stated that improvements have been made to the public address system in the building more improvements will be added. ADJOURNMENT As there was no further action, Mayor Baldwin adjourn d the meeting at 9:01 p.m. al Baldwin, Mayor ATTEST: 07-13-2010 Minutes Page - 7 - 07-13-2010 Minutes Page - 8 - Brenda Dennis, TRMC, CMC City Secretary