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12-07-10 MINUTES REGULAR MEETING December 7, 2010 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on December 7, 2010, at 6:00 p.m., in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to-wit: Mayor Hal Baldwin Mayor Pro Tem Cedric Edwards Councilmember Jim Fowler Councilmember David Scagliola Councilmember George Antuna Councilmember Michael Carpenter Staff Present: City Manager Don Taylor Assistant City Manager John Bierschwale Assistant City Manager David Harris City Attorney Michael Spain City Secretary Brenda Dennis CALL TO ORDER REGULAR MEETING Mayor Baldwin called the meeting to order at 6:00 p.m. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND STATE OF TEXAS. Councilmember Fowler gave the invocation followed by the Pledges of Allegiance to the Flags of the United States and State of Texas PRESENTATION • 2010 SchertzFest -Presentation and update information. (C. Raleigh) Mayor Baldwin recognized Executive Assistant to Assistant City Managers Cindy Raleigh who provided the following information on the results of the 2010 SchertzFest: Revenues Vendor &.Information Booth Deposits $ 1,100 Sponsorships $ 24,338 Hotel Occupancy Tax -Advance $ 14,325 Operating Cash $ 2,000 BBQ Cook Off $ 5,580 Raffle Ticket Sales $ 2,019 ATM Fees $ 190 Other Sales $ 349 Ticket Booth Sales $ 42,567 Carnival Wristband Sales $ 6,290 Carnival Ticket Sales $ 7 858 Total Revenue $106,616 12-07-10 Minutes Expenses• Vendors $14,715 Beer Booth $ 5,943 E, Advertising $ 5,467 Entertainment $25,730 EMS $ 1,000 Security $ 3,550 BBQ $ 4,402 Battle of the Bands $ 554 Miscellaneous $ 5,173 Carnival $ 13,876 Hotel Occupancy Tax -Reimbursement $ 5,308 Total Expense $ 85,718 Total Revenue $106,616 Total Expense $ 85,718 Balance $ 20,898 Hearing of Residents Mayor Baldwin recognized the following: • Ms. Debbie Perrone, 1236 Dove Meadows, who spoke against reducing the number of parking places related to Merritt Lakeside Senior Village. CONSENT AGENDA 1. Minutes -Consideration and/or action regarding the approval of the minutes of the Regular Meeting of November 23, 2010. 2. Resolution No. 10-R-75 -Consideration and/or action approving a resolution granting LIED Funds (Community Infrastructure and Economic Development Fund) for the Caterpillar Project. (D. Harris/E. Matlock) -Action grants $50,000 to reroute CPS Energy overhead lines as part of the construction and development of the Caterpillar Project. To be paid for from the LIED Fund (Community Infrastructure and Economic Development Fund). Mayor Baldwin requested that agenda item 3 be pulled from the consent agenda and discussed separately. Council concurred. Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by Councilmember Fowler to approve consent agenda items 1 and 2. The vote was unanimous Motion Carried. Discussion and/or Action Items 3. Resolution No. 10-R-76 -Consideration and/or action approving a resolution authorizing a service agreement with GovernmentJobs.com, Inc. for applicant tracking. (D. Dykes) - Action authorizes utilizing the services of GovernmentJobs.com, Inc. d.b.a. NeoGov.com 12-07-10 Minutes Page - 2 - to streamline the City's recruiting and application process, eliminating manual tracking, scanning and screening of applications. Fiscal impact of $14,350 for the first year and $12,000 annually thereafter; funding comes from vacant position savings. Mayor Baldwin recognized Human Resource Director Donna Dykes who introduced this item stating that the City of Schertz receives a tremendous amount of applications when jobs are posted, sometimes one job can generate 500. Ms. Dykes stated that the Human Resource Department has to manually sort, enter each application separately, which is very time consuming. She stated that she has contacted other cities and found that this process has been outsourced. She further stated that she along with management believes that the services offered by GovernmentJobs.com can streamline the City's recruiting and application process. Ms. Dykes addressed Council questions regarding this item. Councilmember Scagliola stated that maybe the city can use this with the Boards and Commissions volunteer applications. Mayor Baldwin recognized Mayor Pro-Tem Edwards who moved, seconded by Councilmember Carpenter to approve Resolution No. 10-R-76. The vote was unanimous Motion Carried. 4. Resolution No. 10-R-77 -Consideration and/or action approving a resolution regarding a development agreement with DDC Ashton, Ltd., relating to Merritt Lakeside Senior Village. (M. Spain/M. Sanchez) Mayor Baldwin recognized Development Services Director Michelle Sanchez who introduced this item stating that action enters into an agreement with DDC Ashton, Ltd. related to required parking spaces at Merritt Lakeside Senior Village, a new senior living facility in the City. The required number of parking spaces per the UDC for the project is 440 spaces; they are providing 231 spaces. The Board of Adjustments at its regular meeting on November 29, 2010 approved the BOA Agreement 2010-018 as presented with the condition that the Schertz City Council approve a Declaration of Restrictive Covenant and Development Agreement that the number of parking spaces required by the Unified Development Code (UDC) shall be provided by the property owner when and as required by the terms and conditions of said Agreement. Mayor Baldwin recognized City Attorney Michael Spain who stated that since the Council received their packet, he and staff have agreed to a change in the Development Agreement. Mr. Spain stated that normally the 440 parking spaces would be required because this looks like amulti-family development. The applicant has provided information that because this is to be a senior living facility, studies throughout the country support the idea that not all seniors have a vehicle; therefore, fewer parking spaces are needed. Council members discussed the following proposed changes and/or concerns: • That this agreement will only be in place as long it is a Affordable Senior Housing Facility, if at anytime the use changes from this type of facility, then they would have to comply with whatever the parking requirements are for that use and that facility at that time; • In addition, even though it is a Senior Housing Facility, the City believes the portion under Section 3 "If, however, the Property ceases at any time to be used for Affordable 12-07-10 Minutes Page - 3 - Senior Housing, regardless whether this happens before or after the 3-year period".... Should be stricken and not support this. Further, if at anytime while this is a Senior Housing Facility the City determines the need for more parking spaces from a variety of sources or the owner determines the need for more, then at that time more spaces will be added. Reword 3B completely to: The then current Owner will provide to the City any written Parking Complaint within two (2) business days of receipt by the then current Owner. If the City or the then current Owner receives three (3) or more written Parking Complaints, and a City official visually inspects and verifies that all of the parking spaces on the Property are frequently full and that, as a result, then current Owner's employees and contractors, tenants of the Property, or such tenants' guests frequently park on City streets or other property when visiting the Property, or if the City makes such determination on its own following its inspection of the Property (not related to any filed Parking Complaints as described above), then the City Manager or his designee (i) shall notify the then current Owner in writing, and (ii) may determine that additional parking spaces are needed on the Property based on parking spaces required by the Owner's employees and contractors, tenants in the Property and such tenants' guests, and if so, specifically how many more parking spaces are required. The total number of additional parking spaces that could be recommended in such case shall not cause the total number of parking spaces on the Property to exceed four-hundred forty (440) parking spaces. • Delete "an independent study" change to "if the City determination described above under Section 3. B is made; the City Manager may present that information to the City Council of the City. The then Owner will receive the City's determination at least ten (10) days before it is presented to the City Council, so that the then Owner may present any other relevant information to the City Council. If the City Council votes by resolution to require the ten current Owner to construct additional parking spaces, the then current Owner shall be obligated to do so within a reasonable time but not exceeding sixty (60) days, except to the extent delayed by weather conditions preventing completion of such additional spaces." Delete any reference to "written report resulting from the independent parking study" make "City's determination. Council does not believe we should agree to relegate the City's authority to take back accommodations of granting less parking spaces and give it to a third party. If staff finds the need for more parking spaces then that should be the authority mechanism. i • Delete Section D -reword "All parking spaces constructed on the Property, initially or pursuant to Section 3.C., must be in accordance with the approved site plans as set forth in this Agreement. Any change to the approved site plan must be approved in writing by the City." • Add "If at any time the Planned Development ceases to be operated as Affordable Senior Housing, it shall be required to have the number of parking spaces for the new use as required by the then effective rules of the City." i • Overflow parking on Borgfield Road, who and when will parking be evaluated, i.e. engineer, staff? • Be proactive with parking issues. ' . 12-07-10 Minutes Page - 4 - Mayor Baldwin recognized Colby Denison, DDC Ashton, Ltd. authorized representative who addressed questions and concerns from Council. It was the consensus of Council to have the City Attorney address the changes above and bring this back to the next meeting all corrections. No action taken. 5. Resolution No. 10-R-78 -Consideration and/or action approving a resolution regarding commencement of annexation proceedings regarding approximately 71.328+/- acres of property north and south of IH-35 on the City's northeastern boundary. (M. Spain) Mayor Baldwin recognized City Attorney Michael Spain who introduced this item stating that he has received information, since the posting of this item, that two of the three owners have recently signed a development agreement, and has asked that this item be pulled from the agenda. Council concurred. No action taken. 6. Ordinance No. 10-H-37 -Consideration and/or action approving an Ordinance amending Chapter 34 of the Code of Ordinances adding article VI of the City of Schertz, Texas by adding an offense for the purchase, sale, delivery, offer or gift of illegal smoking materials; the use or possession of illegal smoking material; the use or possession of illegal smoking material paraphernalia; providing affirmative defenses to prosecution; establishing a penalty; providing for repealing, savings and severability clauses; and providing for an effective date. FINSt Reading (S. Starr/M. Spain) Mayor Baldwin recognized Police Chief Steve Starr who introduced this item stating that action prohibits the purchase, sale, delivery, offer or gift of "K2" or "Spice" alternatives to marijuana and similar products under different names. Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by Councilmember Fowler to approve Ordinance No. 10-H-37 First Reading. The vote was unanimous. Motion Carried. EXECUTIVE SESSION Called under Section 551.071 Texas Government Code Litigation, pending litigation; Section 551.072 Texas Government Code -Deliberation regarding the purchase, exchange, sale, lease, or value of real property. Mayor Baldwin adjourned into executive session at 7:09 p.m. RECONVENE TO REGULAR SESSION Mayor Baldwin reconvened into regular session at 7:27 p.m. 7. Take any action deemed necessary as a result of the Executive Session. No Action taken. Requests and Announcements 12-07-10 Minutes Page - 5 - 8. Requests by Mayor and Councilmembers that items be placed on a future City Council f_ agenda. Mayor Baldwin recognized Councilmember Scagliola who asked that the parking issue on Borgfield be sent to TSAC for review. Staff and Council concurred. City Manager Don Taylor and Assistant City Manager John Bierschwale stated that they would have TSAC look into this and provide a report. 9. Requests by Mayor and Councilmembers to City Manager and Staff for information. Mayor Baldwin recognized Councilmember Fowler who stated that information be given in advance to those living on Main Street that the Festival of Angels Parade route had changed. Mayor Baldwin recognized Councilmember Scagliola who also stated that he would like staff to look into the problem at the end of the parade, that there is nowhere for you to disband. 10. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items Mayor Baldwin recognized Mayor Pro-Tem Edwards who stated that he attended the following: • Public Funds and Investment Seminar • Festival of Angels Parade and the Mt. Schertz Snow and Ski slope. He stated the event was great and wants to see it bigger next year, he requested possibly more control be on the top of the slope later in the evening. Mayor Baldwin recognized Councilmember Carpenter who reminded everyone that early voting is going on at the Guadalupe County Elections office here in Schertz on the Special Election to select a State Representative, District 44. He further stated that this is an historic opportunity to get involved and select a candidate from Schertz. He stated that early voting ends on Friday December 10, 2010 at 7:00 p.m. and that Election Day is Saturday, December 14, 2010 from 7:00 a.m. to 7:00 p.m., at your designated polling location. Mayor Baldwin recognized Councilmember Fowler who stated that the Festival of Angels Parade and event was also excellent, and suggested that only the younger try using the sleds. Mayor Baldwin recognized Councilmember Scagliola who stated he attended the following: • Senior Center Facility soft opening • Tree Lighting on November 30, 2010 • Festival of Angels Parade on Friday, December 3, 2010 • Arts Council Market Days on Sunday, December 5, 2010 at the Civic Center 12-07-10 Minutes Page - 6 - Mayor Baldwin recognized Councilmember Antuna who also reminded everyone of the - Special Election. Councilmember Antuna thanked those involved in hosting the Candidate Forum at the Civic Center recently. 11. Announcements by City Manager • Recognition of City employee actions • New Departmental initiatives Mayor Baldwin recognized City Manger Don Taylor who stated that the Festival of Angels Parade was a great success. He further mentioned that the City is currently working on a Community Band & Choir to come do a free concert, as well as, working on getting the San Antonio Symphony to come to Schertz. Mayor Baldwin recognized Assistant City Manager David Harris who stated that the City of Schertz officially has a Ski Team and that maybe next year they compete in a race with the surrounding cities. Mayor Baldwin recognized Assistant City Manager John Bierschwale who stated that the City would be stepping up patrols on IH 35, that the City had another fatality occur due to speeding. ADJOURNMENT As there was no further action, Mayor i djourne he meeting at7:40 p.m. Mayor AT ~ \ 1 Brenda Dennis, TRMC, MMC City Secretary 12-07-10 Minutes Page - 7 - i i I 1 s i I