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06-19-2007 RegularMINUTES REGULAR SESSION June 19, 2007 The Schertz City Council convened in Regular Session on Tuesday, June 19, 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 L. Scagliolia, Councilmembers Jim Fowler, John Trayhan, Tony Wilenchik, and Councilmember Michael Carpenter. Also present were City Manager Don Taylor and Assistant City Manager David Harris, Assistant City Manager John Bierschwale, City Secretary Judy Tokar, City Attorney Michael Spain, George Antuna, Economic Development Director and Leonard Truitt, Director of Development Services. 41 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 (Honor the Texas flag; I pledge allegiance to thee, Texas, one and indivisible.) Both pledges were recited. #3 INTRODUCTION OF NEW EMPLOYEES AND PROMOTED EMPLOYEES: City Manager's Department Rita Duprat - Waldo, Executive Services /Risk Manager, introduced new employees Brad Gildea, Special Projects Coordinator, and Michelle Kelso, Customer Service Operator. She also announced the promotion of Linda Babineau to Customer Service Operator. 94 RECOGNITION OF CAL -TEX PROTECTIVE COATINGS, INC. Mayor Baldwin read and presented a certificate of recognition to Rick Chalk with Cal - Tex Protective Coatings, Inc. for the Employee Stock Ownership Plan grand prize award from the National Center of Employee Ownership for Innovations. 95 PRESENTATION of 2007 Relay for Life Awards. (Rita Duprat - Waldo) Rita Duprat -Waldo presented the Relay for Life, Diamond Club Award trophy to John Bierschwale, team captain for the City of Schertz, for raising $22,732.00 this year. The City was presented the award for the "Most Spirited" and "Campaign for the Cause ". #6 PRESENTATION by Dr. Eric Reno, President of Northeast Lakeview College. Dr. Reno was not available for the presentation; it was postponed to a later meeting. Regular Session 06 -19 -07 229 97 HEARING OF RESIDENTS. Frances Rushing, Chamber President, said the monthly Chamber mixer was renamed to "Network Connection." She announced a grand opening at United Title on June 21St and Chamber luncheon on June 22 °d. Ms. Rushing updated the Council on the 4th of July Jubilee events. Chuck Padutt, 12120 Ware- Seguin Road, represented a group of concerned citizens relating to the resolution for consideration on a manufactured home on neighboring property and asked the Council to consider denying the request. Robert Brockman, 1000 Elbel Road, he wanted to be the first to call in when the 311 system was ready. He asked how many street sweepers the City owned. ACTION ITEMS: #8 Discussion and action on expediting the process on revision of the Unified Development Code. (D. Harris) Leonard Truitt, Director of Planning Services, said that the cost to speed up the process of the code revision would be an additional $22,000.00. Councilmember Wilenchik made a motion, seconded by Councilmember Trayhan, to disapprove expediting the process on revisions of the Unified Development Code. The motion carried 5 to 0 and the vote was as follows: AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter. NAYES: None. #9 Discussion and action to allow Ruben Saldana temporary placement of a manufactured home on his property. Councilmember Wilenchik made a motion, seconded by Councilmember Trayhan, tc disallow Ruben Saldana temporary placement of a manufactured home on his property. The motion carried 5 to 0 and the vote was as follows: AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter. NAYES: None. #10 ORDINANCE: Discussion and action on final 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. (G. Antuna) Regular Session 6 -19 -07 230 Councilmember Carpenter made a motion, seconded by Councilmember Trayhan, to approve the final 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 Option #1 (10 years). The motion failed 2 to 3 and the vote was as follows: AYES: Councilmembers Trayhan, and Carpenter. NAYES: Councilmembers Fowler, Scagliola and Wilenchik. Ordinance No. 07 -T -28 An Ordinance on final reading 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 Option #2 (8 years). Councilmember Carpenter made a motion, seconded by Councilmember Trayhan, to approve the final 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 Option #2 (8 years). The motion carried 3 to 2 and the vote was as follows AYES: Councilmembers Fowler, Trayhan, and Carpenter. NAYES: Councilmembers Scagliola and Wilenchik. #11 ORDINANCE: Discussion and action on first reading of an ordinance by the City Council of the City of Schertz amending the Code of Ordinances of the City by amending Chapter 34, Health, formerly Chapter 7 ' /Z, Health. (L. Truitt) Leonard Truitt, Director of Planning Services, one of the changes made was the addition of the swimming requirements and other minimum corrections. Councilmember Trayhan pointed out that it was requested that the City Manager not have the authority to waive fees under Section 34- 22(e), and that be deleted. Councilmember Wilenchik made a motion, seconded Councilmember Trayhan, to approve first reading of an ordinance by the City Council of the City of Schertz amending the Code of Ordinances of the City by amending Chapter 34, Health, formerly Chapter 7 '' /z, Health with corrections. The motion carried 5 to 0 and the vote was a follows: AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter. NAYES: None. #12 Discussion and action on North Schertz Park grant request. (D. Taylor and G. Douglas) Councilmember Trayhan made a motion, seconded Mayor Pro Tern Scagliola, to approve matching grant funds in the amount of $60,335.00 for the North Schertz Park, require all Regular Session 6 -19 -07 231 cash contributions and disbursements to be managed by the City, transfer from Parkland dedication fund, project supervised by the City and allow a budget amendment. The motion carried 5 to 0 and the vote was a follows: AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter. NAYES: None. #13 Discussion and action on the Purchasing Policy. (J. Bierschwale/K. Lewinski) Councilmember Trayhan made a motion, seconded by Councilmember Fowler, to approve the purchasing policy. The motion carried 5 to 0 and the vote was as follows: AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter. NAYES: None. #14 RESOLUTION: Discussion and action on a Resolution by the City Council of the City of Schertz, Texas authorizing a Personal Services Construction Management Agreement with David Dorrough and other matters in connection therewith (Construction of IH -35 Fire Substation.) (L. Truitt) Resolution 07 -11-25 A Resolution by the City Council of the City of Schertz, Texas authorizing a Personal Services Construction Management Agreement with David Dorrough and other matters in connection therewith (Construction of IH -35 Fire Substation) Councilmember Carpenter made a motion, seconded by Councilmember Wilenchik, to approve the Resolution by the City Council of the City of Schertz, Texas authorizing a Personal Services Construction Management Agreement with David Dorrough 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. NAYES: None. #15 ORDINANCE: Discussion and action on final reading of an Ordinance by the City Council of the City of Schertz, Texas authorizing the exchange with an abutting land owner of a strip of land for other property of such owner to be dedicated to the City. (S. Willoughby) Ordinance No. 07 -M -29 An Ordinance by the City Council of the City of Schertz, Texas authorizing the exchange with an abutting land owner of a strip of land for other property of such owner to be dedicated to the City. Councilmember Wilenchik made a motion, seconded by Councilmember Trayhan, to approve the final reading of an Ordinance by the City Council of the City of Schertz, Texas authorizing the exchange with an abutting land owner of a strip of land for other Regular Session 6 -19 -07 232 property of such owner to be dedicated to the City. The motion carried 5 to 0 and the vote was as follows: AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter. NAYES: None. DISCUSSION ITEMS: #16 ORDINANCE: Discussion on final reading of an Ordinance amending the Unified Development Code (UDC) Ordinance 96 -5 -28 by rezoning 186.85+ acres in Guadalupe County, Schertz, Texas from Pre - Development District (PD) and General Business District (GB) to General Business District -2 (GB- 2); providing an effective date; and providing a repealing clause. (M. Nichols) No change to the ordinance, action to be taken at the next meeting. 417 ORDINANCE: Discussion on final reading of an Ordinance by the City Council of the City of Schertz authorizing adoption of the City of Schertz Parks, Recreation, and Open Space Master Plan. (G. Douglas) No change to the ordinance, action to be taken at the next meeting. Mayor Baldwin called a five minute break from 7:55 p.m. to 8:00 p.m. #18 Discussion on Economic Incentives for Small Business. (J. Jewell) George Antuna, Director of Economic Development spoke briefing on the strong economy of the City and the results of balanced growth. Jeff Jewell, Economic Development Specialist, gave a slide presentation on the economic incentives and guidelines for tax abatements. He reviewed the characteristics of small business challenges, abatements, development, technical assistance, regional cooperation, financial assistance, and opportunities for synergy. Mr. Jewell said the roles of Economic Development and the Chamber must be a team effort to be broadly successful, with a structured, formal programs and various assistance. Small business development is a viable goal and worthwhile strategy for economic development. Council discussed some of the following suggestions for small business incentives: free advertising in the Schertz Tales or Schertz Chamber directory, link to City website, waive permit fees with established criteria, sales tax abatements, poll businesses for what would make them successful or more successful. There was a consensus that incentive programs for small businesses should be the direction the City should follow and pursue. #19 EXECUTIVE SESSION: Called under Chapter 551 Texas Government Code, Sub - section 551.087 — Deliberation regarding Economic Development Negotiations and Sub - section 551 -072 — Deliberation regarding Real Estate. Regular Session 6 -19 -07 233 An Executive Session was held from 8:20 p.m. to 9:40 p.m. #20 Actions, if any, on the subject of the above Executive Session. No action was necessary at this time. #21 Items by City Manager Taylor and Staff ■ No comment. ■ Ms. Tokar asked who would ride on the fire truck in the 4'h of July parade. #22 Items by Council General Announcements Councilmember Fowler ■ Comment Schwab Road project was on schedule. Mayor Pro Tem Scagliola ■ No comment. Councilmember Trayhan ■ No comment. Councilmember Wilenchik ■ Requested an agenda item for a resolution to oppose spending public money on a generator for a private Seguin radio station. Councilmember Carpenter ■ No comment. #23 Items by Mayor • Received an invitation for grand opening at the Holiday Inn Express in City of Selma. • Received an announcement for June 26, 2007 an open house regarding Loop 1604 project. #24 ADJOURNMENT. The meeting was adjourned at 9:45 p.m. David L. ,*`aggola, Mayor Pro Tern Regular Session 6 -19 -07 234 Attest: I � dudy T r, City Secretary Regular Session 6 -19 -07 235