06-05-2007 Regular Session
MINUTES
REGULAR SESSION
JUNE 5, 2007
The Schertz City Council convened in Regular Session on Tuesday, June 5, 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 Jim Fowler, Councilmembers David L. Scagliolia, John Trayhan,
Michael Carpenter, and Tony Wilenchik. Also present were City Manager Don Taylor,
Assistant City Managers John Bierschwale and David Harris, City Secretary Judy Tokar,
City Attorney Michael Spain, Steve Starr, Police Chief and George Antunna, Economic
Development Director.
#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 STATE
OF TEXAS
Both pledges were recited.
#3 INTRODUCTION OF EMPLOYEES: Police Department
Chief Starr introduced Officer Kellie Davidson, Officer Daniel Roman and Officer Olivia
Lopez, and announced the temporary promotion of Sgt. Mark Bane to the rank of
lieutenant.
#4 HEARING OF RESIDENTS.
Frances Rushine:, Chamber of Commerce President announced the following; Chamber
mixer - June 21 st and monthly Chamber luncheon - June 22od. Ms. Rushing also said the
two additional board members were appointed and the Chamber coin had been ordered.
Robert Brockman, 1000 Elhel Road, asked when the new 311-system was to start.
ACTION ITEMS:
#5 ORDINANCE: Discussion and action on an ordinance by the City Council of
the City of Schertz approving a tax phase-in and tax phase-in agreement by
the City Council for and with Corridor Hotel II, LTD., a property owner in
the City of Schertz. (G. Antuna)
George Antuna, Economic Development Director, complimented his staff (Erin Matlock
and Jeff Jewel, Economic Development Specialists) on the preparation of the outstanding
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1
packet that introduced the project. David Skrehot, Chief Financial Officer with Barshops
& Oles Company, was present to explain that the Fairfield Inn & Suites, Marriott
property is being built in the City on a 4.313 acre tract of land on Corridor Loop Road.
They are asking for a tax phase-in agreement. Groundbreaking is expected to begin July
2007.
Councilmember Trayhan made a motion, seconded by Councilmember Carpenter, to
approve the first reading of an ordinance by the City Council of the City of Schertz
approving a tax phase-in and tax phase-in agreement by the City Council for and with
Corridor Hotel II, LTD., a property owner in the City of Schertz. The motion carried 3 to
2 and the vote was as follows:
AYES: Councilmember Fowler, Trayhan and Carpenter
NA YES: Councilmember Scagliola and Wilenchik.
#6 RESOLUTION: Discussion and action on a resolution by the City Council of
the City of Schertz authorizing an inter-local agreement with the Schertz-
Cibolo-Universal City Independent School District relating to health
inspections; and other matters in connection therewith. (L. Truitt)
Leonard Truitt, Director of Development Services, said the agreement allows the City
Health Inspector to conduct the inspections at the school district. We will utilize and
enforce the minimum standards set by applicable City ordinance.
Resolution 07-R-21
A Resolution by the City Council of the City of Schertz authorizing an inter-local
agreement with the Schertz-Cibolo-Universal City Independent School District relating to
health inspections, and other matters in connection therewith.
Councilmember Wilenchik made a motion, seconded by Mayor Pro Tern Scagliola, to
approve a resolution by the City Council of the City of Schertz authorizing an inter-local
agreement with the Schertz-Cibolo-Universal City Independent School District relating to
health inspections, and other matters in connection therewith. The motion carried 5 to 0
and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter.
NA YES: None.
#7 APPOINTMENTS: Discussion and action to appoint members to the
Transportation Safety Advisory Commission. (Andy Bores)
Councilmember Trayhan made a motion, seconded by Councilmember Carpenter, to
appoint Ronald E. White and Larry W. Franklin to the Transportation Safety Advisory
Commission. The motion carried 5 to 0 and the vote was as follows:
Regular Session-06-5-07
AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter.
NA YES: None.
#8 Discussion and action on recommendation from the Transportation Safety
Advisory Commission regarding Savannah Drive & Schertz Parkway bicycle
lane. (Andy Bores)
Andy Bores, TSAC Chairman, reported that the Commission recommended the following
for the bicycle lane at Savannah Drive and Schertz Parkway: start construction after the
end of the 2006/2007 school year, decrease the bicycle lane 100 feet, install new ramp to
new bike lane ending with appropriate striping, and re-paint the bicycle lanes.
Councilmember Wilenchik made a motion, seconded by Councilmember Carpenter, to
approve the recommendations of the TSAC for the bicycle lane at Savannah Drive and
Schertz Parkway. The motion carried 5 to 0 and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter.
NA YES: None.
#9 Discussion and action on amending budget for Schertz Seguin Local
Government Corporation. (A. Cockrell)
Allan Cockrell, General Manager of Schertz Seguin Local Government Corporation, said
the budget amendment would allow transfers for May through September of the current
fiscal year to repair wells and replace valves on the 36-inch line from the booster pump
station to the City of Schertz. The City of Seguin approved the budget amendment at
their meeting this evening.
Councilmember Wilenchik made a motion, seconded by Councilmember Trayhan, to
approve the amendment to the budget for the Schertz Seguin Local Government
Corporation. The motion carried 5 to 0 and the vote was as follows
AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter.
NA YES: None.
DISCUSSION ITEMS:
#10 ORDINANCE: Discussion on fmal reading of an ordinance amended by
revising Chapter 90, Section 90-148 Water, Wastewater and Waste Disposal,
Exhibit 10, Schedule of Current Capital Recovery Fees; providing an effective
date; and providing a repealing clause. (S. Willoughby)
Sam Willoughby, Public Works Director, said the typographical error was corrected in
the ordinance; it should read Chapter 90 instead of Chapter 19.
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Councilmember Wilenchik said that in the ordinance, Section 1, the wastewater impact
fee should read "excludes New Braunfels Utility or Cibolo Creek Municipal Authority"
since the ordinance is increasing only the City impact fee.
John Bierschwale, Assistant City Manager, said we will correct the ordinance before fmal
action is taken at the next meeting.
#11 APPOINTMENTS: Discussion on appointments to the Board of Adjustments.
(L. Truitt)
Leonard Truitt, Director of Development Services, said there are two positions to fill. He
said he would have the applicants available at the next meeting so the Council may
interview them.
Councilmember Wilenchik asked how long the incumbents had been on the board. Mr.
Truitt responded they both were the original board members, which is about 10 years.
Mayor Baldwin suggested that an interview board consisting of member of the City
Council to be appointed. It will be on the next agenda for action.
#12 Discussion on the City purchasing policy (1. Bierschwale)
John Biershwale, Assistant City Manager, said the draft purchasing policy presented will
resolve the auditors concerns in the management letter on processing purchase orders,
and guidelines on competitive bidding.
Councilmember Wilenchik said one of the features of the purchasing policy allows
buying locally if the bid is within 3% or 5% of the lowest bidder.
#13 Discussion on the process for unplanned budget expenditures. (Councilmember
Wilenchik and Juan Santoya).
Juan Santoya, Finance Director, explained currently unplanned budget expenditures are
funded by City Council and, later in the year, adjusted in the mid-year budget request.
Staff recommends that at the time of the approved expenditure a budget adjustment be
made and the transfer completed.
It was the consensus of the City Council to take the recommendation of the staff to
establish a process for unplanned budget expenditures effective immediately
#14 EXECUTIVE SESSION: Called under Chapter 551 Texas Government Code,
Sub-section 551.087 regarding Economic Development negotiations.
Mayor Baldwin called the executive session to order at 7:35 p.m. until 8:45 p.m.
#15 Action, if any, on the subject of the above Executive Session.
Regular Session-06-5-07
Mayor Pro Tem Scagliola made a motion, seconded by Councilmember Trayhan, to
direct the City Manager to purchase 8 acres of undeveloped hilltop property at the Links
of Fairway and Fairhaven Subdivisions for possible parkland. The motion carried 4-1
and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, and Carpenter
NA YES: Councilmember Wilenchik.
#16 Items by City Manager Taylor and Staff
General Announcements
Michael Spain, City Attorney, said the legislature has passed a bill (SB 1119) on the red
light camera that has to either be signed or vetoed by the Governor on July 16th. The bill
requires 50% of the civil fines submitted to the state, there is a maximum cap on the fine
of $75.00 and $25.00 late fee. The bill requires all types of traffic studies and constant
monitoring of the intersections. It is a very cumbersome and would not see why any City
would want to install the cameras because it will put a burden on the police department
and staff. The City has the right to terminate the agreement with American Traffic
Signal. If the City Council wants to terminate the agreement with A TS will need an
agenda item be placed on the next meeting.
#17 Items by Council
General Announcements
Mayor Pro Tem Fowler
· Reported the Northcliffe Park has a master plan for the park in there area and
raised $60,000.00. They would like a money match from the parkland dedication
fund. Councilmember Carpenter asked that the Park & Recreation Advisory
Board approve the request and then bring it to Council.
Councilmember Scagliola
· Asked the status of the parkland dedication ordinance. Mr. Taylor responded
that the staff was still working on the ordinance.
Councilmember Trayhan
· He will be out of the state on business for the next meeting.
Councilmember Wilenchik
· Reported on the Guadalupe County Commissioners Court meeting.
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· Asked what we were going to do for the small local businesses or specific
policies to assist new businesses. Asked for an agenda item to discuss some
kind of policy for changing our tax abatement ordinance.
Councilmember Carpenter
· Attended the Library Advisory Board meeting.
· The 50th Anniversary Committee has set 12 events each month and will coming
to Council for approval.
· V olunteered to be the liaison for the Schertz Youth Commission.
#18 Items by Mayor
· Said he was planning to attend the TML workshop in San Antonio.
· Agenda item next meeting to elect Mayor Pro Tem Scagliola.
· Mentioned several legislative bills that passed.
#19 ADJOURNMENT.
The meeting was adjourned at 9:05 p.m.
ATTEST:
Regular Session-06-5-07