05-01-2007-Regular Session
MINUTES
REGULAR SESSION
MAY 1, 2007
The Schertz City Council convened in Regular Session on Tuesday, May 1 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, Reginna Agee, Tony
Wilenchik and Michael Carpenter. Also present were City Manager Don Taylor,
Assistant City Managers John Bierschwale and David Harris, City Secretary Judy Tokar
and City Attorney Michael Spain and George Antunna, Economic Development Director.
#1 CALL TO ORDER.
Mayor Baldwin called the meeting to order 6:30 p.m.
#2 PLEDGES OF ALLEGIANCE TO THE UNITED STATES AND STATE
OF TEXAS
Both pledges were recited.
#3 HEARING OF RESIDENTS.
Frances Rushing, Chamber President, announced the following events; reception for
Sharon Pennington - May 4, Meet the Candidate forum - May 9th, monthly mixer - May
10th and monthly Chamber luncheon - May 25th.
Carl Douglas, 3550 Woodland Village, said he has always been proud of the City
Council's visionary decisions but had concerns about the discussions on the library and
recreation center. He hoped the lack of visionary statement made by the Council several
weeks ago was not how they really felt.
#4 CONSENT AGENDA:
The following items may be acted upon in one motion. No separate discussion or
action is necessary unless requested by the Mayor or a Councilmember, in which
event those items will be pulled for separate consideration:
A) Approve Regular Session minutes of March 27, 2007.
Ordinance No. 07-S-21
B) ORDINANCE: Discussion and action on [mal reading of an ordinance
amending the Unified Development Code (UDC) Ordinance 96-S-28 by
rezoning 37.029+ acres out of the Toribio Herrera Survey No. 68,
Guadalupe County, Schertz, Texas from Pre-Development District (PD)
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and Single-Family Residential-2 District (R-2) to General Business (GB);
providing an effective date; and providing a repealing clause.
Ordinance No. 07-T-22
C) ORDINANCE: Discussion and action on [mal reading of an ordinance
amending City of Schertz Ordinance No. 03-T-19; approving a tax
abatement and a tax abatement agreement by the City Council for and with
E.M. Limited Partnership, a property owner in the City of Schertz.
Councilmember Wilenchik and Councilmemeber Carpenter asked that consent agenda
items 4(A) and 4(C) be removed from the consent agenda.
Councilmember Carpenter made a motion, seconded by Mayor Pro Tern Fowler, to
approve consent agenda item #4B on a [mal reading of an ordinance amending the
Unified Development Code (UDC) Ordinance 96-S-28 by rezoning 37.029+ acres out of
the Toribio Herrera Survey No. 68, Guadalupe County, Schertz, Texas from Pre-
Development District (PD) and Single-Family Residential-2 District (R-2) to General
Business (GB); providing an effective date; and providing a repealing clause. The
motion carried 5 to 0 and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik and Carpenter.
NA YES: None.
Councilmember Wilenchik made a motion, seconded by Councilmember Scagliola, to
approve consent agenda #4A minutes of March 27 with the following corrections: correct
the voice vote on Item #5 from 5 to 0 to 4 ayes, 0 nays, and 1 present not voted and also,
on Item #11, delete no action on the executive session, and delete the sentence "No action
was necessary on agenda Item #7. The motion carried 5 to 0 and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik and Carpenter.
NA YES: None.
Councilmember Carpenter wanted to be assured the acreage was correct and the
abatement period was not extended.
Councilmember Carpenter made a motion, seconded by Mayor Pro Tern Fowler, to
approve consent agenda #4C, an ordinance on final reading amending City of Schertz
Ordinance 03- T -19; approving tax abatement and a tax abatement agreement by the City
Council for and with E.M. Limited Partnership, a property owner in the City of Schertz.
The motion carried 4 to 0, 1 abstain and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Agee, Carpenter
NA YES: None.
ABSTAIN: Councilmember Wilenchik
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#5 Discussion and action on bid award for the Schwab Road Realignment
Project. (S. Willoughby)
Mr. Taylor, City Manager, said the three entities (Comal County, Lack Properties, Inc.
and City of Schertz) partnering in the Schwab Road realignment project are meeting
again to discuss other options because the bids came in over budget. The project
included a 60 foot road, turn lanes and drainage work. Mr. Taylor asked that no action
be taken and that the item be postponed.
Mr. Bierschwale, Assistant City Manager, explained an off-site water line is to be
connected from the rest area on IH35 to the site. The funds to build the water line will
come from the capital recovery fees. Those fees should be deducted from the bid. Mr.
Bierschwale recommended some cost savings options such as reducing the number of
lanes, thickness of the road, and eliminate hauling dirt off by the contractor.
Councilmember Wilenchik made a motion, seconded by Mayor Pro Tern Fowler, to
take no action on the bid and postpone for additional documentation and information.
The motion carried 5 to 0 and the vote was as follows:
A YES: Councilmembers Fowler, Scagliola, Agee, Wilenchik and Carpenter.
NA YES: None.
#6 Discussion on bid award for the Emergency Medical Services Station #2. (L.
Truitt)
Mr. Taylor, City Manager, recommended that the construction of the EMS station be
managed by a project manager and the City be its own general contractor. The Staff has
interviewed reliable project managers to oversee the construction. Mr. Taylor feels that
there is a substantial savings by hiring a project manager and the City overseeing the
construction ourselves.
John Bierschwale, Assistant City Manager, said that he feels confident that, by the City
serving as the general contractor and Mr. Truitt overseeing the project, approximately
$400,000 can be saved. The City should have more control of the construction deadlines
and cost.
Several member of Council expressed concerns that they did not want the City to cut
corners, but to build a functional and quality building.
#7 Discussion and action on the budget for City events organized by the Schertz
Chamber of Commerce. (J. Bierschwale & Councilmember Wilenchik)
Councilmember Wilenchik said the precept was that the Chamber take over the City
sponsored events such as the 4th of July Jubilee and take the pressure off the staff. There
is a lot of staff time spent on City events. The money spent by the City could be
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transferred to the Chamber until the Chamber has the funds. Once they build up their
membership the City funds would be stopped in no more than 3 years.
Mr. Bierschwale, Assistant City Manager, explained the expense proposed is $40,020.00
for the Chamber to manage the 4th of July Jubilee, purchase the chamber coin, print and
distribute the welcome package and business directory and construct the City float. The
contract is for May to September 2007. The functions by City staff will be setting up the
parade route and providing police and public works personnel to control traffic and
streets.
Mr. Spain, City Attorney recommends that the City Manger enter into a contract with the
Chamber to monitor the funds and track the specific events until the end of this fiscal
year. The new fiscal year will require another contract.
Councilmember Carpenter was in favor of the Chamber running the events but asked for
actual cost savings to the City by showing estimated staffhours spent on the events.
Councilmember Wilenchik made a motion, seconded by Councilmember Carpenter, to
postpone action until next week for additional information. The motion carried 5 to 0 and
the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik and Carpenter.
NAYES: None.
#8 RESOLUTION: Discussion and action on a resolution to authorize the City
Manager to enter into a contract with the Texas Department of
Transportation for a Selective Traffic Enforcement Program grant for the
period of May 1, 2007 through June 30, 2007. (S. Starr)
Sgt. Reidy explained the grant in the amount of$5,000.00 will go to pay for overtime for
police officers to participate in the Selective Traffic Enforcement Program for a period of
May 1, 2007 through June 30, 2007.
Councilmember Carpenter made a motion, seconded by Councilmember Agee, to
approve a resolution to authorize the City Manager to enter into a contract with the Texas
Department of Transportation for a selective traffic enforcement program grant for the
period of May 1, 2007 through June 30, 2007. The motion carried 5 to 0 and the vote
was as follows:
AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik and Carpenter.
NA YES: None.
#9 ORDINANCE: Discussion and action on first reading of an ordinance
providing for certain land transfers, including the release of certain land
from the extraterritorial jurisdiction of the City of Schertz to the
extraterritorial jurisdiction of the City of New Braunfels, Texas, and the
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acceptance of certain land from New Braunfels into the extraterritorial
jurisdiction of the City of Schertz, and related matters. (M. Spain)
Mr. Spain, City Attorney said this is [mal document that provides for an extraterritorial
jurisdiction swap with the City of New Braunfels.
Councilmember Wilenchik made a motion, seconded by Councilmember Agee, to
approve the first reading of an ordinance providing for certain land transfers, including
the release of certain land from the extraterritorial jurisdiction of the City of Schertz to
the extraterritorial jurisdiction of the City of New Braunfels, Texas, and the acceptance of
certain land from New Braunfels into the extraterritorial jurisdiction of the City of
Schertz, and related matters. The motion carried 5 to 0 and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik and Carpenter.
NA YES: None.
#10 Discussion and action on mid-year budget adjustments for FY 2006-07. (D.
Harris & J. Santoya)
Mr. Harris, Assistant City Manager, said we have additional revenue of$843,050.00 over
the approved October 1 budget, and additional expenses of$630,692.00 that are proposed
in the mid-year adjustments. Some of the changes are adding positions for the new
Customer Service Center, permanent and temporary dispatchers, GIS Technician and
revisions to the City's Unified Development Code, Comprehensive Land Use Plan,
Planning and Zoning staff training, updates to Dispatch and emergency services' in-
vehicle computer systems, updates to computers and equipments for Information
Technology, Police and Court.
Mr. Taylor, City Manager, thanked Councilmember Carpenter for his time with the
information technology department and suggested cost saving ideas.
Councilmember Wilenchik made a motion, seconded by Councilmember Carpenter, to
accept the Fiscal Year 2006-2007 mid-year budget adjustments as presented. The motion
carried 5 to 0 and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik and Carpenter.
NA YES: None.
#11 RESOLUTION: Discussion and action on a resolution by the City Council of
the City of Schertz authorizing a personal and professional services
agreement with iServiceOnline, Inc. (D. Harris)
Mr. Harris, Assistant City Manager, said the agreement with Iservice Online provides
expertise in updating the City's computer network and provide project management to the
Information Technology Department. The fee for the service is $28,800 annually and will
off set the expense by eliminating the Information Technology coordinator position.
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Funding for these services are provided in the recommended FY 2006-07 mid-year
budget adjustments.
Councilmember Carpenter made a motion, seconded by Councilmember Wilenchik to
approve a resolution by the City Council of the City of Schertz authorizing a personal and
professional services agreement with iServiceOnline, Inc. The motion carried 5 to 0 and
the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik and Carpenter.
NAYES: None.
#12 RESOLUTION: Discussion and action on a resolution by the City Council of
the City of Schertz Texas authorizing planning services agreements with
Mitchell Planning Group, L.L.c. (D. Harris)
Mr. Harris, Assistant City Manager, said the Mitchell Group will revise the Unified
Development Code, provide staff training, revision to the Development Review Process
and revisions to the Future Land Use Plan. Staff just doesn't have the time and expertise
to undertake this important project.
Councilmember Wilenchik made a motion, seconded by Mayor Pro Tern Fowler, to
approve a resolution by the City Council of the City of Schertz Texas authorizing
planning services agreements with Mitchell Planning Group, L.L.c. The motion carried
5 to 0 and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik and Carpenter.
NA YES: None.
#13 RESOLUTION: Discussion and action on a resolution authorizing the City
Manager to executive a service agreement between the City of Schertz and
WEBQA, Inc. for implementation of a web-based citizen request
management (CRM) program. (B. Bailey)
Mr. Harris, Assistant City Manger, said the service agreement with WebQA will be a
web based service request system for residents, used by our proposed 311 Customer
Service agents and manage work order requests for tracking of city services.
Councilmember Wilenchik made a motion, seconded by Councilmember Carpenter, to
approve a resolution authorizing the City Manager to executive a service agreement
between the City of Schertz and WEBQA, Inc. for implementation of a web-based citizen
request management (CRM) program. The motion carried 5 to 0 and the vote was as
follows:
A YES: Councilmembers Fowler, Scagliola, Agee, Wilenchik and Carpenter.
NA YES: None.
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#14 EXECUTIVE SESSION: Called under Chapter 551 Texas Government Code,
Sub-section 551.072 - Deliberation regarding Real Estate and Sub-section
551.074 regarding Personnel Matters - Evaluation of City Manager.
An executive session was held from 8:03 p.m. to 9:00 p.rn.
#15 Action, if any, on the subjects of the above Executive Session.
Councilmember Wilenchik made a motion, seconded by Councilmember Agee, to
continue Mr. Taylor's contract and increase his annual salary to $135,000.00, and
$7,200.00 vehicle allowance for a total compensation of$142,200.00 (merit increase pay
and market value adjustment). The motion carried 5 to 0 and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik and Carpenter.
NA YES: None.
Mr. Taylor thanked the City Council for all their support. He has really enjoyed the last
year and he will continue to improve.
#16 Items by City Manager Taylor and Staff
General Announcements
· A fundraiser was held at the Steele High School for the "Relay for Life", the
City of Schertz raised $22,000.00. The largest amount of money ever raised by
any area city.
· Ms. Tokar reminded Council about the start of early voting and election day.
#17 Items by Council
General Announcements
Mayor Pro-tem Fowler
· No Comment
Councilmember Scagliola
· Reminder of Transportation Safety Advisory Commission meeting on Thursday.
Councilmember Agee
· Had no comments.
Councilmember Wilenchik
· Updated on the Doggie Dash
· Reported on the following items from the Guadalupe County Commissioners
Court meeting - Commissioner Wolverton appointed to Alamo Workforce
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Development Board, appraisal notices mailed out, reported residential values
increased, change of agricultural exempt requirements and personnel changes at
Schertz county office.
Councilmember Carpenter
· The 50th Anniversary Committee meeting on May 8th, ask for an agenda item
for presentation, discussion and possible action on recommendation to Council
for selected events each month and adoption of a sister city program.
· Stated that he found legislation in the UDC that authorize us to prohibit mobile
signs in the FM 3009 overlay district. He suggested Council look at how we
can handle enforcement of those provisions before the review by the Mitchell
Planning Group. And also stated these provisions could be included in the
Schertz Parkway district.
· He will out of town next week on business.
#18 Items by Mayor
· Thanked Mr. Taylor for his great leadership and expressed to him that he is the
right person for the job for the City and looks forward to working with him.
· Received complaints on home at Wright and Winburn that had burned,
something needs to be done about it about.
#19 ADJOURNMENT
The meeting was adjourned at 9:20 p.m.
ATTEST:
~
, City Secretary
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