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04-15-2008 MINUTES REGULAR MEETING April 15, 2008 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on April 15, 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 David Harris Assistant City Manager John Bierschwale 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: . Frances Rushing, President of the Schertz Chamber announced the following: Attended the TML seminar on Tourism last week, and commended the EDC department for their participation with the Chamber in putting together gift bags for all the attendees. That evening she attended the TML Region VII meeting and expressed that she is very proud to be representing the City of Schertz and the Schertz Chamber. She has accepted a position of vice-president of development for the new SCUCISD Foundation Board. A new member reception for Chamber members will be held tomorrow night. This is a new program, and the Chamber plans a reception every quarter recognizing new members. Great responses for our first event, 60 RSVP's have been received. The Chamber luncheon will be April 25, 11 :30 a.m., in the Schertz Civic Center. Penny Powers will be the speaker. July 4th Jubilee updates on the new schedule and the proposed admission fees on certain days of the event. City Council Regular Meeting April 15, 2008 144 Meet the candidate forum at the Community Center is schedule April 20, from 6 p.m. to 8 p.m. . Brenda Dennis, City Secretary reminded .everyone of the upcoming May 10, 2008 Joint Election with the Schertz, Cibolo Universal City ISD. She stated that early voting will begin Monday April 28, 2008 and ends Tuesday May 6, 2008, and will be held at the Elections Annex Office, 1101 Elbel Road, Ste. 7 Schertz, Texas on May 10, 2008. Election Day voting will be held at the Schertz Community Center from 7 a.m. to 7 p.m. Schedules are available on the City's web site. . Ted Myers, Kung Jung Mu SuI of Schertz, came forward inviting everyone to participate in an auction to raise money for their students and families who have been invited to represent the United States in a competition with over 2,000 competitors from around the world, as part ofthe USA Tae Kwon Do Team. . David Harris, Assistant City Manager introduced Miss Fiesta, Ashley Mayle who came forward and thanked the city for their support. ANNOUNCEMENTS Council General Announcements: Mayor Pro-Tem Trayhan . Mentioned he attended the April 10, 2008 TML Region VII meeting that was hosted by the City of Schertz and thanked the staff for their efforts in making it a success. He also mentioned he attended the Schertz Housing Authority meeting on Monday. Council Member Fowler . Mentioned he also attended the April 10, 2008 TML Region VII meeting and also thanked staff. He mentioned at the last meeting he had concerns regarding the award of a contract for the pool, since then he has received information from staff and is fully satisfied. Council Member Scagliola . Mentioned he also attended the April 10, 2008 TML Region VII meeting and also thanked staff. He stated that all in attendance congratulated the city for its success and that even the Mayor of Kerrville commented that the City of Schertz had set the bar very high. Mentioned he needed to report some voting irregularities, he believes that there was some ballot stuffing going on in regards to the Grackle King contest. The "Grumpy" ballot box is overflowing. Council Member Wilenchik . Mentioned that as the TML Board Directors representative he volunteered the City of Schertz to host the TML Region VII over a year ago. He thanked all the staff for their hard work in making it a great success. He stated that there were over 101 in attendance which represented over 26 cities. City Council Regular Meeting April 15, 2008 145 Council Member Carpenter . Thanked everyone involved in the success of the recent TML Region VII meeting. He also mentioned he attended the Planning and Zoning Commission meeting last week and reminded everyone of the up coming training session on April 28, 2008 at 6 p.m. in the Council Chambers for the Planning and Zoning Commission and the Board of Adjustments Commission and invited the Council to attend. Council Member Carpenter also mentioned the Grackle King contest and that his candidate for Grackle King would be Mr. Richmond since he has the love for the birds, but that he didn't have a ballot box, therefore he had to vote for Grumpy. Items by Mayor . Mentioned the great success of the recent TML Region VII meeting that was hosted by the City. Mayor Baldwin stated that the bar was set very high for the Mayor of Kerrville, which will be hosting the next meeting and baited him with the idea of hosting a golf tournament which might bring a higher number for attendance. Mayor Baldwin announced that the Historical Preservation Commission will be meeting this Thursday, at the City Council Conference room at 6:30 p.m. Mayor Baldwin mentioned that Chase Bank will be hosting "Family Day" in Prickle Park on April 19, from 10 a.m. to 3 p.m. recognizing military families. Mayor Baldwin mentioned that Item #15 would be moved to the beginning of the agenda. DISCUSSION AND POSSIBLE ACTION 15. Resolution No. 08-R-16 - Discussion and consideration and/or action on approving two development agreements in connection with the development of approximately 458 acres located within the extraterritorial jurisdiction of the City of Schertz, Texas naming a member of the Board of Directors of the Crestmark Public Improvement District and other matters in connection therewith. (M. Spain) Mayor Baldwin recognized City Attorney Michael Spain who introduced this item pointing out the issues of the agreement answering questions from Council. Mr. Spain recognized David Earl, Attorney for Crestmark Homes SA, LLC who came forward further explaining this item answering questions from Council. After considerable discussion Mayor Baldwin recognized Council Member Carpenter who moved seconded by Mayor Pro-Tern Trayhan to approve Resolution No. 08-R-16 authorizing the City Manager to execute two development agreements in connection with the development of approximately 458 acres located within the extraterritorial jurisdiction of the City of Schertz, Texas naming a member to the Board of Directors of the Crestmark Public Improvement District, and other matters in connection therewith. Vote was unanimous. Motion Carried City Council Regular Meeting April 15, 2008 146 REGULAR AGENDA 1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of April 8, 2008. Mayor Baldwin recognized Mayor Pro-Tern Trayhan who moved, seconded by Council Member Carpenter to approve the minutes of April 8, 2008. Vote was unanimous. Motion Carried 2. Bid Award 08-PK-10-A-02 - Consideration and/or action awarding a bid to YMCA of Greater San Antonio for a Swimming Pool Management Agreement. (G. Logan) This item was presented on 4/8/08 - being brought back for details. Mayor Baldwin recognized Parks & Recreation Director George Logan who introduced this item answering questions from Council. Mr. Logan stated that at the last meeting Council had some questions as well as legal concerns. Mr. Logan stated that the City Attorney has reviewed and revisions have been made to the agreement. Mayor Baldwin recognized Mayor Pro-Tern Trayhan who moved, seconded by Council Member Scagliola to approve awarding the bid to YMCA of Greater San Antonio for a Swimming Pool Management Agreement. Vote was unanimous. Motion Carried 3. Bid No. 08-PW-09-D-01 - Consideration and/or action awarding a bid for the E. Aviation Low Water Crossing Drainage Improvements. (S. Willoughby) Mayor Baldwin recognized Public Works Director Sam Willoughby who introduced this item answering questions from Council. Mayor Baldwin recognized Council Member Fowler who moved, seconded by Council Member Scagliola to award the bid to Winco Contractors in the amount of$427,691.56. Vote was unanimous. Motion Carried 4. Ordinance No. 08-D-18 - Consideration and/or action approving an ordinance amending Section 86-115 of the Schertz Code of Ordinances revising maximum limits on specific streets and providing a repealing clause. (Baptist Health Drive) Final Reading (B. Todd) Mayor Baldwin recognized Police Chief Steve Starr who stated that there had been no changes to the ordinance since the first reading. Mayor Baldwin recognized Mayor Pro-Tern Trayhan who moved seconded by Council Member Scagliola to approve Ordinance No. 08- D-18 final reading. Vote was unanimous. Motion Carried 5. Ordinance No. 08-M-19 - ZC2008-003 - Consideration and/or action on approval of final reading of an ordinance to change a street name for a portion of Ware-Seguin Road. Final Reading (T. Rhodes) Mayor Baldwin recognized Planning Director Thomas Rhodes who introduced this item stating that no changes had been made since first reading. Mayor Baldwin recognized Council Member Carpenter, who moved seconded by Mayor Pro-Tern Trayhan to approve Ordinance No. 08-M-19 final reading. Vote was unanimous. Motion Carried City Council Regular Meeting April 15, 2008 147 6. Ordinance No. 08-S-20 - SUP2008-001 - Consideration and/or action on approval of final reading of an ordinance for a Specific Use Permit to allow for residential uses on Lots 27 -45, Block 3 - the future Schertz Forest Subdivision. Final Reading (T. Rhodes) Mayor Baldwin recognized Planning Director Thomas Rhodes who introduced this item stating that no changes had been made since first reading. Mayor Baldwin recognized Council Member Carpenter, who moved seconded by Mayor Pro-Tern Trayhan to approve Ordinance No. 08-S-20 final reading. Vote was unanimous. Motion Carried 7. Resolution No. 08-S-22 - Consideration and/or action regarding approval of a resolution establishing the fee schedule for sign permits. (T. Rhodes) Mayor Baldwin recognized Planning Director Thomas Rhodes who introduced this item stating that when the sign ordinance was passed the fee schedule was not attached. He stated that this is the fees associated with the sign ordinance that Council recently passed. Mayor Baldwin recognized Mayor Pro-Tern Trayhan who moved seconded by Council Member Fowler to approve Resolution No. 08-S-22. Vote was unanimous. Motion Carried 8. Ordinance No. 08-H-16 - Consideration and/or action on approving final reading of an . Ordinance of the City of Schertz, Texas providing that the Code of Ordinances, for the City of Schertz, Texas, Chapter 54, Nuisances, be amended by deleting Chapter 54, Nuisances and replacing same with a revised Chapter 54, Nuisances; providing a penalty clause; providing servability clause; providing a repealing clause; and providing an effective date. Final Reading (L. Truitt) Mayor Baldwin recognized Director of Development Services Leonard Truitt who introduced this item answering questions from Council. Mr. Truitt stated that changes were completed to the ordinance as requested by Council at their meeting of April 8, 2008. Mayor Baldwin recognized Council Member Wilenchik who asked if section 54-34 c could read as follows: "A vehicle or vehicle parts covered by this Article stored by an owner on the owner's property, if the motor vehicle or parts and the outdoor storage area are maintained in a manner so that they do not constitute a health hazard and are screened from ordinary public view by means of a fence. Any variations from this section must have the approval of "City Council", Council Members concurred. Mayor Baldwin recognized Council Member Wilenchik who moved seconded by Council Member Carpenter to approve Ordinance No. 08-H-16 with the changed noted to section 54 34 c. Vote was unanimous. Motion Carried 9. Ordinance No. 08-D-22 - Consideration and/or action approving an ordinance amending Section 86-115 of the Schertz Code of Ordinances revising maximum limits on specific streets and providing a repealing clause. (Ripps-Kreusler) (B. Todd) First Reading Mayor Baldwin recognized Police Chief Steve Starr who introduced this item answering questions from Council. Chief Starr stated the need to reduce the speed on Ripps-Kreusler to 20 mph. Mayor Baldwin recognized Mayor Pro-Tern Trayhan who moved seconded by Council Member Carpenter to approve Ordinance No. 08-D-22 first reading. Vote was unanimous. Motion Carried City Council Regular Meeting April 15, 2008 148 10. Ordinance No. 08-M-23 - Consideration and/or action approving an ordinance appointing the City Secretary and Deputy City Secretary as the designees for the officer for public information; and other matters in connection therewith. First Reading (D. Taylor) Mayor Baldwin recognized City Attorney Michael Spain who introduced this item answering questions from Council. Mayor Baldwin recognized Council Member Fowler who moved seconded by Council Member Carpenter to approve Ordinance No. 08-M-23 on first reading. Vote was unanimous. Motion Carried DISCUSSION AND POSSIBLE ACTION 11. City Hall Renovations - Discussion and consideration and/or action regarding the proposed City Hall Renovation. (L. Truitt) Mayor Baldwin recognized Director of Development Services Leonard Truitt who introduced this item answering questions from Council. Council had concerns regarding what is in City's reserve fund. Staff stated the information would be provided at the next meeting. No action taken. 12. City Council Board Liaison Practices - Discussion and consideration and/or action regarding the activity and practice of maintaining Council liaisons to City boards, committees and commissions. (M. Carpenter) Council Member Carpenter asked that this item be brought back at the next meeting due to the time that it was this evening. No action taken. 13. Fund Raising Consultant Contract - Discussion and consideration and/or action regarding hiring a fundraising firm for the new Library. (G. Douglas) Mayor Baldwin stated that this item had been pulled from the agenda. No action taken 14. Zoning and ad valorem tax exemptions - Discussion by City Attorney relating to zoning and ad valorem tax exemptions. Mayor Baldwin recognized City Attorney Michael Spain who stated after research relating to zoning and ad valorem tax exemptions a proposal has been developed for Council consideration. He reminded Council that zoning changes are fully discretionary and Council has the right to deny any change within the City. Mr. Spain explained the proposal would delete multi-family housing in any category; without affecting existing multi-family zoning, which would be grandfathered. He pointed out that in some designated areas multi-family housing might be appropriate, if that were the case Council could consider approving a specific use permit. When considering any property zone change, one thing to consider is whether the property can pay its own way for city services, which means is the property on the tax roll, and is the City receiving taxes. If not, during the specific use permit process the Council may impose a restriction to the property owner for the term of the permit in two ways: a) pilot payment - paid in lieu of taxes; equal to taxes paid to the city if the property were on the tax roll, or b) provide other City Council Regular Meeting April 15, 2008 149 benefits or services to be considered by council that would benefit residents in question or the surrounding neighborhood. Mr. Spain stated the developer of the property would like to meet with the Mayor and City Manger to apologize for comments made by his attorney at the last meeting. Mr. Spain added that after speaking with the developer, he believes the developer would be agreeable to some type of benefit or service for the proposed development within the City. Mayor Baldwin stated he is ready to meet. No Action Taken ANNOUNCEMENTS - ITEMS BY CITY MANAGER TAYLOR AND STAFF Mayor Baldwin recognized Assistant City Manager John Bierschwale who reminded everyone of the upcoming May 2, Relay for Life Cancer Walk which starts at 7 p.m. at Steele High School in Cibolo. Mayor Baldwin recognized Assistant City Manager David Harris who reminded Council and citizens that Tuesday, April 29 is the 5th Tuesday of the month and the City Council will not be holding a meeting. Mr. Harris also reminded everyone of the April 24, 2008 Open House at the Appraisal District Office from 3 p.m. to 5 p.m. EXECUTIVE SESSION Called under Section 551.071 Litigation; Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange, sale, lease, or value of real property and Section 551.074 - Deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of the City Engineer. Council did not meet in executive session. ADJOURNMENT As there was no further action, Mayor BaldWi~2: Hal Baldwin, Mayor ATTm,:, '), ,1 I ~ ;,' .,t/ L.---L-.. Bre:lrtla: Deimls, TRM , CMC City Secretary City Council Regular Meeting April 15, 2008 150