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03-11-2008 MINUTES REGULAR MEETING March 11,2008 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on March 11, 2008, 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 Council Member David Scagliola Council Member Tony Wilenchik Mayor Pro-Tern John Trayhan Council Member Jim Fowler Council Member Michael Carpenter Staff Present: City Manager Don Taylor Assistant City Manager John Bierschwale Assistant City Manager David Harris City Secretary Brenda Dennis 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. Council Member Carpenter gave the Invocation followed by the Pledges of Allegiance to the Flags of the United States and State of Texas. HEARING OF RESIDENTS Mayor Baldwin recognized the following: . Mary Ann Mallard, 1065 Valley Forge spoke on her desire to be appointed to the 50th Anniversary Committee. . Frances Rushing, President of the Schertz Chamber of Commerce who provided updates on the Chamber's upcoming events: Business Appreciation Dinner Friday, March 14,2008 at 7:00 p.m. Chamber Board of Directors approved a $250.00 sponsorship for the Doggy-Dash Announced that Debbie Gildea will be leaving the Chamber. Announced she attended a SCUC ISD meeting, they are forming a foundation and she has accepted to serve on the Board of Directors. Announced she was interviewed last Thursday by CBS Radio and mentioned the City of Schertz has been named as the best place to live in the State of Texas as it relates to affordability. Spoke on the Sign Ordinance and thanked and congratulated the Council for showing their flexibility with the businesses. City Council Regular Meeting March 11, 2008 121 · Will Brown, 2601 Kingsland Circle spoke on enforcement of City ordinance issues. · John Bierschwale, Assistant City Manager who presented each Council Member with a subpoena "The City of Schertz vs. Grackle Draftee" Grackle draftees to appear on the 31 st Day of May, 2008 at 8:00 p.m. before the Honorable 50th Aviary District of Guadalupe County, Texas, 1400 Schertz Pkwy, Bldg #5 in the City of Schertz then and there to muster funds for the order of the Grackle. Draftees are further ordered to bring any and all wealthy bird-lovers to assist you with your charge to raise funds for the Schertz Park Foundation. PRESENTATION · Interactive City Council Agenda (B. Dennis) Mayor Baldwin recognized Brenda Dennis who provided information on the accessibility of agenda items on the posted agenda on the City of Schertz website. ANNOUNCEMENTS Council General Announcements: Mayor Pro-Tem Trayhan · Announced he attended the Deer Haven Street Improvement public hearing meeting. . Attended Friday a worksession meeting on the roles and responsibilities of open meetings with the Schertz Housing Authority. · Attended the Schertz Housing Authority monthly meeting Monday. Council Member Fowler · Requested that Item 9 be moved in front of Item 7 since it is dealing with signs. Council concurred. Council Member Scagliola · Wanted an update on the issue of Section 11/ Section 8 housing, Don Taylor, City Manager stated that he was informed that the apartment complex under construction on FM 3009 was Section 11 housing and an article will be published in the upcoming issues of Schertz Tales addressing this question. Council Member Wilenchik . Attended the Schertz Chamber of Commerce Board of Directors meeting. . Stated that the July of 4th Jubilee celebration plans are well underway, that this will be a very exciting event. Council Member Carpenter City Council Regular Meeting March 11, 2008 122 . Attended the Library Advisor~ Board meeting last evening, reminding Mayor, Council and citizens of their upcoming 30t anniversary in April. Items by Mayor . Attended the ASA Commuter Rail District Board meeting, some of the items discussed were updating the By-laws, and proposing changes to the Legislation to allow Amtrak to be part of the Commuter Rail. REGULAR AGENDA 1. Minutes - Consideration and/or action regarding the approval of the minutes of the regular meeting of March 4,2008. Mayor Baldwin recognized Mayor Pro-Tern Trayhan who moved, seconded by Council Member Carpenter to approve the minutes of March 4, 2008. Vote was unanimous. Motion Carried 2. Ordinance No. 08- T -14 - Consideration and/or action approving an ordinance repealing Tax Abatement 05-T-34 and Tax Abatement agreement for and with Tri-County Parkway Ltd., and establishing a new Tax Abatement Ordinance and Tax abatement by the City Council with Prologis. Discussion and Possible Final Reading (1. Jewell) Mayor Baldwin recognized Jeff Jewell, Economic Development Specialist who introduced this item answering questions from Council. Mayor Baldwin recognized Council Member Carpenter who moved, seconded by Mayor Pro-Tern Trayhan to approve Ordinance No. 08- T -14 granting the transfer of the tax abatement. Final Reading Vote was unanimous. Motion Carried 3. Ordinance No. 08-T-15 - Consideration and/or action approving an ordinance repealing Tax Abatement 04-T-39 and Tax Abatement agreement for and with 6413 Tri-County Parkway Ltd., and establishing a new Tax Abatement Ordinance and Tax Abatement by the City Council with Prologis. Discussion and Possible Final Reading (1. Jewell) Mayor Baldwin recognized Jeff Jewell, Economic Development Specialist who introduced this item answering questions from Council. Mayor Baldwin recognized Council Member Carpenter who moved, seconded by Mayor Pro-Tern Trayhan to approve Ordinance No. 08- T -15 granting the transfer of the tax abatement. Final Reading Vote was unanimous. Motion Carried 4. Savannah & Lone Oak Subdivision Street Reconstruction - Consideration and/or action regarding awarding a bid to Wagner Material and Construction Company. (S. Willoughby) Mayor Baldwin recognized Sam Willoughby, Public Works Director who introduced this item answering questions from Council. Mayor Baldwin recognized Mayor Pro-Tern Trayhan who moved, seconded by Council Member Carpenter to award the bid to Wagner Material and Construction Company with a base bid of$807,359.30 and an alternate bid #2 City Council Regular Meeting March 11, 2008 123 of $10,000.00 for thermoplastic striping and raised pavement markings, and an alternate bid #3 of $59,257.20 for sidewalk and curb repairs in the Lone Oak Subdivision for a total amount of$876,6l6.50. Vote was unanimous. Motion Carried 5. Northcliffe Water Plant Upgrades (NE Quadrant) - Consideration and/or action regarding awarding a bid to Holloman Corporation for the Northcliffe Water Plant Upgrades. (S. Willoughby) Mayor Baldwin recognized Sam Willoughby, Public Works Director who introduced this item answering questions from Council. Mayor Baldwin recognized Mayor Pro-Tern Trayhan who moved, seconded by Council Member Scagliola to award the bid to Holloman Corporation with a base bid of $1,548,000 and an alternate bid of $42,000 to include the pilaster treatment (4 foot raised concrete panels) with a total amount of $1,590,000. Vote 3/2/0 with Council Members Wilenchik and Fowler voting no. Motion Carried 6. Retention Schedule Amendment - Consideration and/or action approving a change to the City of Schertz Retention schedule filed in 1996 as well as adopting the current Texas State Library schedule. (E. Boggess/B. Dennis) Mayor Baldwin recognized Evelyn Boggess, Records Manager who introduced this item answering questions from Council. Mayor Baldwin recognized Brenda Dennis, City Secretary who also stated for uniformity and ease of records management she also recommended the Council adopt the Texas State Library Schedule as well as answered questions. Mayor Baldwin recognized Council Member Wilenchik who moved, seconded by Council Member Carpenter to adopt the Texas State Library schedule with the exception to keep DVD's or any other recording of meetings for five (5) years after approval of minutes. Vote was unanimous. Motion Carried DISCUSSION 9. Political Signs - Discussion and action regarding the recent political signs that were placed on city property. (T. Wilenchik/J. Bierschwale) Mayor Baldwin recognized John Bierschwale, Assistant City Manager who introduced this item. Council Members discussed prior action taken in May of 2006 where it was the consensus of the Council that the City Policy adopted in 2006 be followed, that no political signage would be staked in the ground on City property, that candidates would be allowed to hold, place signage on chairs, or attached to tables. Mayor Baldwin recognized Council Member Wilenchik who moved seconded by Council Member Scagliola to continue the policy adopted two years ago; which is not part of the sign ordinance, that no political signage be staked in the ground on any City property in the City of Schertz, that candidates would be allowed to hold, place signage on chairs, or attached to tables or vehicles. During early voting or on Election Day candidates must also comply with the 100 foot distance marker. Council Member Carpenter wanted to also include direction for removal City Council Regular Meeting March 11, 2008 124 - , of illegal signs; first alert the election judge, second staff to remove them. Vote was 4/1/0 with Council Member Fowler voting no. Motion Carried Mayor Baldwin calledfor a brief recess at 7:50 p.m. Mayor Baldwin called the meeting back to order at 8:00 p.m. PUBLIC HEARINGS AND ORDINANCE APPROVAL 7. Sign Standards Ordinance No. 08-S-11 - Conduct a public hearing and consideration and/or action on approval of final reading of an ordinance amending Ordinance No. 96-S-28 being the Unified Development Code (UDC) of the City by amending Article IX, Sign Standards. Discussion and Final Reading (T. Rhodes) Mayor Baldwin recognized Thomas Rhodes, Planning Manager who introduced this item answering questions from Council. Mayor Baldwin opened the public hearing and recognized the following citizens: Frances Rushing, President of Schertz Chamber of Commerce John McCurry, 17460 IH 35 business owner Larry Douglass, 1400 FM 1518 business owner Barbara Mansfield Gonzales, 124 IRA, business owner Mark Roberts, 1205 Borgfeld Road, business owner Cindy Ames, Ames All Star Dance Jody Lopez, Schertz Law Center, business owner Tim Knights, business owner Dave Richmond, Planning & Zoning Chair Robert Brockman, 1000 Elbel Road There being no one else to speak; Mayor Baldwin closed the public hearing. Mayor Baldwin recognized each Council Member who stated their opinions/concerns regarding the sign ordinance. Items of discussion were as follows: 1. Revise Section m.l relating to general sign standards to permit electronic signs as freestanding or monument signs to be consistent with the City's existing electronic Sign. 2. Revise Section m.2 relating to maximum sign height to be a maximum of 18 feet to be consistent with the City's existing electronic sign. 3. Remove Section m. 9 . b) requiring all electronic signs to display public information at least ten percent (10%) of the time. 4. Revise Section m.9.c) to limit the change of electronic sign copy to be not more than once every four (4) seconds. 5. Add regulations under section m.9 to prohibit the use of solid white backgrounds between dawn and dusk as requested by the Police Department to address traffic safety concerns and specify the time period to be between 30 minutes after sunset and 30 minutes before sunrise. City Council Regular Meeting March 11,2008 125 The Council also recommended that Section 1 (L) relating to multi-tenant signage be referred back to the Planning and Zoning Commission for review and recommendation. The Planning and Zoning Commission will be reviewing the proposed amendments at their March 26, 2008 regular meeting. After considerable discussion Mayor Baldwin recognized Council Member Carpenter who moved, seconded by Mayor Pro-Tern Trayhan to table this item, bring back clean copy of the above revisions for approval of Ordinance No. 08-S-0 11, except Section 1 (L) relating to multi-tenant signage, with Section 1 (L) being approved upon review and recommendation of approval from the Planning and Zoning Commission. Vote was unanimous. Motion Carried Thomas Rhodes, Planning Manager stated the Planning and Zoning Commission will be considering the proposed revisions to Section 1 (L) at their March 26th meeting and pursuant to the recommendation from the Planning and Zoning Commission, staff will provide City Council with the appropriate information at their next regularly scheduled meeting of April 1,2008. Reopen Item 6 Mayor Baldwin recognized Council Member Wilenchik who moved seconded by Council Member Carpenter to reopen item #6. Vote was unanimous. Council Member Wilenchik asked that the other board meeting recordings such as Planning & Zoning be included in the five year retention as well as the City Councils. Staff came forward indicating that any City meetings which are recorded on audio or on DVD's would be included in the revised retention schedule. Mayor Baldwin recognized Council Member Carpenter who moved seconded by Council Member Wilenchik to include all City board record recordings i.e., audio, CD's or DVD's. Vote was unanimous. Motion Carried ANNOUNCEMENTS - ITEMS BY CITY MANAGER TAYLOR AND STAFF Mayor Baldwin recognized David Harris, Assistant City Manager who showed on the overhead the recent publication of the Fiesta Magazine identifying the page which the City of Schertz sponsored. This was an FYI item only. BOARDS/COMMISSIONS 8. Appointment/Reappointment to Boards and Commissions/Committees - Consideration and/or action regarding appointments/reappointments to Boards and Commission/Committees. . MaryAnn Mallard - 50th Anniversary Committee City Council Regular Meeting March 11, 2008 126 Mayor Baldwin recognized Don Taylor, City Manager who asked if he could research this further and bring back a recommendation to Council at the next meeting. Mayor and Council applauded Mary Ann for her willingness to want to serve and also for all her recent volunteer activities. Mayor Baldwin adjourned the Regular Session into Executive Session at 9:44 p.rn. EXECUTIVE SESSION Called under Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange, sale, lease, or value of real property. RECONVENE TO REGULAR SESSION 10. Take any action deemed necessary as a result of the Executive Session. Mayor Baldwin reconvened the Regular Session out of Executive Session at 9:51 p.m. 11. Take any action deemed necessary as a result of the Executive Session. Mayor Baldwin recognized Mayor Pro-Tem Trayhan who moved, seconded by Council Member Scagliola to approve the sale and purchase contract for the acquisition of one lot in the Live Oak Hills Subdivision, at a cost of $3,000 with: Jesse J. Segel. Vote was unanimous. Motion Carried As there was no further action, Mayor Baldwin adjourned the meeting at 9:52 p.m. d~ Hal Baldwin, Mayor ATTEST: ~~c~~ Brenda Dennis, TRMC, CMC City Secretary City Council Regular Meeting March 11, 2008 127