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05-22-07 Regular Meeting MINUTES REGULAR SESSION MAY 22, 2007 The Schertz City Council convened in Regular Session on Tuesday, May 22, at 6:30 p.m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas. The following members were present: Mayor Pro Tern Jim Fowler presiding, Councilmembers David L. Scagliolia, John Trayhan, and Tony Wilenchik. Absent: Mayor Hal Baldwin and Councilmember Michael Carpenter, City Manager Don Taylor and Assistant City Manager David Harris. Also present were, Assistant City Managers John Bierschwale, City Secretary Judy Tokar, City Attorney Michael Spain, and George Antunna, Economic Development Director and Leonard Truitt, Director of Development Services. #1 CALL TO ORDER. Mayor Pro Tern Fowler called the meeting to order at 6:30 p.m. #2 PLEDGES OF ALLEGIANCE TO THE UNITED STATES AND STATE OF TEXAS Both pledges were recited. #3 PRESENTATION: Emergency Medical Services Week. Mayor Pro Tern Fowler read the proclamation for the Emergency Medical Services Week for May 20 - May 27 and presented it to the EMS staff #4 HEARING OF RESIDENTS. Sharon Penninlrton said the court name had been changed back to the original Miss Sweetheart of Schertz because of several changes from her being transferred out of the area and the name of the court change did not generate enough applications. She announced that Erin Matlock with the Economic Development Department is going to be the City's representative and co-coordinator for the court and Jennifer Bishop will be the Chamber's representative and co-coordinator. The contest date is September 15, 2007 at the Schertz Civic Center. Mrs. Pennington thanked Councilmemher Wilenchik for his role in the Doggie Dash and she enjoyed working as a volunteer this year. Frances Rushine:. Chamber president, thanked Councilmember Wilenchik for the amazing success of the Doggie Dash. She announced the chamber monthly luncheon for May 25th, ribbon cutting on May 31st in Bracken and Washington Mutual one-year anniversary and business appreciation event on June 1st. Regular Session-05-22-07 200 Robert Brockman, 1000 Elbel Road, asked who owned the Kramer House? Mr. Spain, City Attorney responded that right now Pulte Homes owned but they were considering donating it to the City. ACTION ITEMS: #5 ORDINANCE: Discussion and action on final reading of an ordinance amending the Unified Development Code (UDC) Ordinance 96-S-28 by rezoning 3.68+ acres out of the Rafael Garza Survey, Abstract No. 138, and 1.45+ acres out of the James W. Gray Survey, Abstract No. 144, Guadalupe County, Schertz, Texas from Pre-Development (PD) to Office and Professional (OP); providing an effective date; and providing a repealing clause. (C. Gabbard) Ordinance No. 07-S-25 An ordinance amending the Unified Development Code (UDC) Ordinance 96-S- 28 by rezoning 3.68+ acres out of the Rafael Garza Survey, Abstract No. 138, and 1.45+ acres out of the James W. Gray Survey, Abstract No. 144, Guadalupe County, Schertz, Texas from Pre-Development (PD) to Office and Professional (OP); providing an effective date; and providing a repealing clause. Councilmember Wilenchik made a motion, seconded by Councilmember Trayhan, to approve fmal reading of an ordinance amending the Unified Development Code (UDC) Ordinance 96-S-28 by rezoning 3.68+ acres out of the Rafael Garza Survey, Abstract No. 138, and 1.45+ acres out of the James W. Gray Survey, Abstract No. 144, Guadalupe County, Schertz, Texas from Pre-Development (PD) to Office and Professional (OP); providing an effective date; and providing a repealing clause. The motion carried 4 to O. and the vote was as follows: A YES: Councilmembers Fowler, Scagliola, Trayhan, and Wilenchik. NA YES: None. #6 ORDINANCE: Discussion and action on final reading of an ordinance amending the Unified Development Code (UDC) Ordinance 96-S-28 by granting a specific use permit for 0.578+ acres out of the Genobera Malpaz Survey No, 67, Abstract No. 221, Guadalupe County, Schertz, Texas for Commercial Use in the Air Installation Compatible Use Zone (AICUZ), (APZ-1); providing an effective date; and providing a repealing clause. (M. Nichols) Ordinance No. 07-S-26 An ordinance amending the Unified Development Code (UDC) Ordinance 96-S- 28 by granting a specific use permit for 0.578+ acres out of the Genobera Malpaz Survey No, 67, Abstract No. 221, Guadalupe County, Schertz, Texas for Regular Session-05-22-07 201 AYES: Councilmembers Fowler, Scagliola, Trayhan, and Wilenchik. NA YES: None. #9 MINUTES: Approve minutes of Regular Session April 17 , 2007 and April 24, 2007. Councilmember Wilenchik made a motion, seconded by Councilmember Scagliola, to approve the regular session minutes of April 17, 2007 and April 24, 2007. The motion carried 3 to 0 and the vote was as follows: AYES: Councilmembers Fowler, Scagliola, and Wilenchik. NA YES: None. ABSTAIN: Councilmember Trayhan DISCUSSION ITEMS: #10 Discussion on revisions to the Health Ordinance. (L Truitt) Leonard Truitt, Director of Development Services, said the Health Ordinance has been revised to comply with state law and to include the duties and powers of the Health Official who is now a full time city employee instead ofan outside contractor. There are no fees changes at this time. Councilmember Wilenchik recommended in Section 34-101(c) Permits, that this section apply to public swimming pool or spa and not to residential. Mr. Truitt said the first reading of the ordinance with recommended changes would be on the next agenda for action. #11 EXECUTIVE SESSION: Called under Chapter 551 Texas Government Code, Sub-section 551.072 regarding Real Estate. Mayor Baldwin called the executive session to order at 7:20 p.m. until 8:10 p.m. #12 Action, if any, on the subject of the above Executive Session. No action was necessary on the executive session. #13 Items by City Manager Taylor and Staff General Announcements · John Bierschwale, Asst. City Manager said a retirement luncheon for Chief Elroy Friesenhahn is June 5th at the Schertz Civic Center Annex and retirement party for Lt. Mark Shupp is May 30th at the Civic Center Annex. Regular Session-05-22-07 203 Commercial Use in the Air Installation Compatible Use Zone (AICUZ), (APZ-l); providing an effective date; and providing a repealing clause. Councilmember Wilenchik made a motion, seconded by Councilmember Trayhan, to approve fmal reading of an ordinance amending the Unified Development Code (UDC) Ordinance 96-S-28 by granting a specific use permit for 0.578+ acres out of the Genobera Malpaz Survey No, 67, Abstract No. 221, Guadalupe County, Schertz, Texas for Commercial Use in the Air Installation Compatible Use Zone (AICUZ), (APZ-l); providing an effective date; and providing a repealing clause. The motion carried 4 to 0 and the vote was as follows: AYES: Councilmembers Fowler, Scagliola, Trayhan, and Wilenchik. NA YES: None. #7 BID AWARD: Discussion and action on bid award for Emergency Medical Services Ambulance stretchers and stair chairs. (D. Wait) Dudley Wait, EMS Director said there were two companies that responded to the bid proposal, Ferno, Inc. and Stryker, Inc. The bid from Ferno, Inc. on the stretchers even though they were the low bidders did not meet the bid specifications. Staff recommends the bid be awarded to Stryker at a cost of $52,329.54. Funding for this purchase will come from two sources: $40,000.00 from bondsl and $12,961.24 from County Trauma Grant Funds received from our Regional Advisory Council. Councilmember Trayhan made a motion, seconded by Councilmember Scagliola, to award the bid for Emergency Medical Service Ambulance to Stryker, Incorporated for stretchers in the amount of $43,756.80 and stair chairs in the amount of $8,552.74. The motion carried 4 to 0 and the vote was as follows: A YES: Councilmembers Fowler, Scagliola, Trayhan, and Wilenchik. NA YES: None. #8 RESOLUTION: Discussion and action on a resolution authorizing an Enterprise Park Development agreement with certain other parties; and other matters in connection therewith. (M. Spain) Mr. Spain said this agreement provides a multi-party development agreement for the Mid-Cities Park also known as Enterprise Park just west of the Tri-County Business Park. The agreement is cost sharing and management agreement between the City of Schertz, Economic Development Corporation, City of Selma and three developers. This agreement provides for major drainage and roadway improvements. Councilmember Trayhan made a motion, seconded by Councilmember Wilenchik, to approve a resolution authorizing an Enterprise Park Development agreement with certain other parties; and other matters in connection therewith. The motion carried 4 to 0 and the vote was as follows: Regular Session-05-22-07 202 #23 Items by Council General Announcements Councilmember Scagliola · Thanked Councilmember Wilenchik for his work with the Doggie Dash. Councilmember Trayhan · No Comment Councilmember Wilenchik · Raised approximately $10,000 for the Doggie Dash. · Attended the Guadalupe County Commissioner Court and reported on several item that affected the City. · Asked for an agenda item to discuss procedures on budget adjustments on unplanned expenditures. #15 Items by Mayor Pro Tem · Commented on presentation given at the Parks & Recreation Advisory Committee regarding remote control mini cars. · Mrs. Baldwin had her surgery and it was a success; he asked that we keep them m our prayers. #16 ADJOURNMENT The meeting was adjourned at 9:30 p.rn. ~44 Regular Session-05-22-07 204