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10-19-10 MINUTES REGULAR MEETING October 19, ZO10 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on October 19, 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 Pro Tem Cedric Edwards Councilmember Jim Fowler Councilmember David Scagliola Councilmember George Antuna Councilmember Michael Carpenter Assistant City Manager John Bierschwale Assistant City Manager David Harris City Attorney Michael Spain City Secretary Brenda Dennis CALL TO ORDER REGULAR MEETING Mayor Pro-Tem Edwards 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. Councilmember Fowler gave the invocation followed by the Pledges of Allegiance to the Flays of the United States and State of Texas. HEARING OF RESIDENTS Mayor Pro-Tem Edwards recognized the following citizens: • Mr. Dudley Wait, 1020 Sandy Ridge Circle, who spoke in favor of Agenda Item 5 regarding impervious cover. PRESENTATIONS • Presentation and discussion regarding prohibiting other ambulance services in the City of Schertz. (D. Wait) Mayor Pro-Tem Edwards recognized EMS Director Dudley Wait who introduced this providing a Power Point Presentation covering the following points: The Inside Scoop • Little if any bamers to entry in the ambulance industry • Less than appropriate practices from some • The ability to fly under the radar • The problem is getting out of control - Over 400 private ambulance companies in Houston - Over 40 private companies in San Antonio and growing 10-19-10 Minutes The Problem • Different levels of service based upon where you are - Rehab center vs. Private residence ° - Unknown levels of care on critical emergencies - No requests for assistance when 911 ambulances available • Unknown marketing messages being sent • Multiple "dual" responses due to delays • Inappropriate and illegal business practices (bundled charges, baiting for bigger billers, etc.) Our Plan • Franchise the opportunity to provide non-emergency ambulance service to Schertz residents - All emergencies handled by Schertz EMS - All non-emergencies handled by qualified franchisees of the City • To better protect the health and safety of our citizens • To extend this to all cities that we serve Mayor Pro-Tem Edwards addressed the concerns mentioned by Mr. Wait, as well as Councilmembers Fowler and Scagliola. Mr. Wait addressed additional questions from Council. It was the consensus of Council to bring this item back for consideration and discussion at the November 9th meeting allowing the City Attorney and staff to further investigate the possibility of a franchise agreement. No action taken. Mayor Pro-Tem Edwards moved into executive session at 6:30 pm. 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; and Section 551.087 Texas Government Code Deliberation regarding Economic Development Negotiations. RECONVENE TO REGULAR SESSION Mayor Pro-Tem Edwards reconvened into regular session at 7:00 p.m. 1. Take any action deemed necessary as a result of the Executive Session. See below: Resolution No. 10-R-62 -Consideration and/or action approving a Development Agreement among the City, the City of Schertz Economic Development Corporation, and a National Manufacturing Company. (J. Jewell) Mayor Pro-Tem Edwards recognized Economic Development Director Jeff Jewell who stated that action requested of Council approves a development agreement 10-19-10 Minutes Page - 2 - between the City and the City of Schertz Economic Development Corporation regarding a multiphase project with Caterpillar, Inc. Mayor Pro-Tem Edwards recognized Councilmember Antuna who moved, seconded by Councilmember Fowler to approve Resolution No. 10-R-62. The vote was unanimous. Motion carried. Discussion and/or Action Items Mayor Pro-Tem Edwards moved to agenda item 8. 8. Austin-San Antonio Commuter Rail District -Consideration and/or action approving renewal of membership fee in the Austin-San Antonio Commuter Rail District. (J. Jewell) Mayor Pro-Tem Edwards stated that the Austin-San Antonio Commuter Rail District is now named "Lone Star Rail District" Mayor Pro-Tem Edwards recognized Economic Development Director Jeff Jewell who introduced Mr. Tullos Wells, Joseph Black, and Allison Schultz, Members of the Lone Star Rail District Board. Mr. Wells provided a brief PowerPoint outlining the work that has been completed in the last year, as well as the work still left to be done; answering questions from Council. Mr. Jewell stated that action requested of Council renews the City's membership in the Lone Star Rail District. Membership provides a seat on the board for the City. Continued involvement in this effort allows the rail district staff and its lobbyists to continue to work bringing a commuter rail line to the region and a station in the City of Schertz. Fiscal impact of $49,500 to be paid for by the Economic Development Corporation. Staff recommends approval. Mayor Pro-Tem Edwards recognized Councilmember Carpenter who provided a brief commentary on opposition to this item. Mr. Carpenter stated that tonight he heard information regarding the relocation of the freight rail which he had not heard or read about before. He stated that the relocation of the freight rail makes good economic and financial sense for up and down the corridor. Mr. Carpenter stated he does not see how it will benefit our City. He believes it will always cost the City more and more money; this project will never break even. The taxation of the project will be spread out over the entire population with few users of the service. Council Carpenter stated that he argues the economic value of a rail stop station for the City. Only selected places have experienced economic value. He asked will the rail system ever have the opportunity to break even, the pointed answer to this questions was no. It was never planned to have enough revenue from the ridership to break even and again the cost will be bourn by taxpayers. He stated that when this item was brought before Council the first time he had sent emails and made calls to Representatives from the District to visit with him and try to refute some of the things he found out and learned and no one returned his calls 10-19-10 Minutes Page - 3 - or emails. So his assumption is that you are unable to refute the things found. Councilmember Carpenter stated that this is in no way a personal attack against anyone, that he is simply looking at this as being very objective and what long term impact will it result on the City. Mr. Wells addressed Councilmember Carpenter's concerns and stated that he apologized that no one has contacted him and that he would be happy to sit down with him. Mayor Pro-Tem Edwards disagreed with Councilmember Carpenter stating that he witnessed the success of a rail system station and economic development when he was in Vine City, Atlanta, Georgia, as well when he was traveling to Europe. He believes the City can not afford to miss out on the opportunity; it is economically viable and a catalyst to our community. He stated that he believes it will not work unless you have businesses and economic development around that station, as well as a bus line somewhere close by or some means of transportation. Mayor Pro-Tem Edwards asked if City Staff could contact Mr. Keith Parker with VIA Metropolitan Transit and ask him to come to a future meeting and discuss with Council their light rail initiatives. Council concurred. Mayor Pro-Tem Edwards recognized Mr. Wells who provided a brief rebuttal to Councilmember Carpenters concerns. Mayor Pro-Tem Edwards recognized Councilmember Scagliola who moved, seconded by Councilmember Antuna to renew the City's membership in the Lone Star Rail District and reappoint Mayor Hal Baldwin as a member of the Board. The vote was 4-1 with Councilmember Carpenter voting no. Motion carried. 2. Resolution No. 10-R-67 -Consideration and/or action approving and renewing the Soccer Alliance License Agreement. (G. Logan) Mayor Pro-Tem Edwards recognized Park & Recreation Manager Chuck Van Zandt and President of the Schertz Youth Soccer Alliance, Robert Wallace, who introduced this item stating that action requested of Council renews the Soccer Alliance License Agreement with Schertz Youth Soccer Alliance. Fiscal impact of 70% of utility charges and maintenance cost for existing lighting and fencing. The Alliance had been put on probation, with instructions that certain items must be met. The Alliance has met every item that was set so far and is currently off probation. Approximate total revenue expected from registration fees will be $15,000. Staff recommends approval. Mayor Pro-Tem Edwards recognized City Attorney Michael Spain who stated that since the Council received their information on this item, the Parks & Recreation Board met and it was recommended that the Soccer Alliance retain all fees and he would like to request a change in Section 5.02. Council concurred. 10-19-10 Minutes Page - 4 - Mayor Pro-Tem Edwards recognized Councilmember Scagliola who moved, seconded by Councilmember Antuna to approve Resolution No. 10-R-67. The vote was unanimous. Motion carried. 3. Minutes -Consideration and/or action regarding the approval of the minutes of the Regular Meeting of October 12, 2010. Mayor Pro-Tem Edwards indicated that this item had been pulled from the agenda. 4. Ordinance No. 10-M-31 -Consideration 'and/or action approving an ordinance amending the City of Schertz Code of Ordinances Chapter 14 concerning the sale of animals. Final Reading (G. Logan/Z. Douglas) Mayor Pro-Tem Edwards recognized Animal Services Director Zack Douglas who introduced this item stating that in response to concerns expressed by citizens to the City Council on this issue, staff recommends changes to the Code of Ordinances to provide stricter regulation when it comes to the sale of animals in public areas. Ordinance eliminates the three day temporary seller's permit and also establishes a new regulation for pet shops. No fiscal impact, staff recommends approval of final reading of Ordinance No. 10-M-31. Mayor Pro-Tem Edwards recognized Councilmember Scagliola who moved, seconded by Councilmember Carpenter to approve Ordinance No. 10-M-31 final reading. The vote was unanimous. Motion carried. Mayor Pro-Tem Edwards moved it Item 6. 6. Resolution No. 10-R-59 -Consideration and/or action authorizing a Letter Agreement with Jeffrey Kahn concerning installation of sewer lines to serve the Corridor Oaks Mobil Home Park. (L. Dublin/M. Spain) Mayor Pro-Tem Edwards introduced City Attorney Michael Spain who introduced this item stating that attached in the Council packet is a draft letter agreement between the City and Mr. Kahn. The Corridor Oaks Mobile Home Park (the "Kahn Property") has been served by a septic system located on the property. City ordinance allows a property owner to continue to use a working septic system located on the property until such time as the septic system fails. At such time, the property owner must discontinue use of the septic system and connect the property to the City's sewer system. The City believes that the septic system serving the Kahn Property failed and that Jeffrey Kahn ("Kahn") thereafter repaired the septic system. As a result, the City issued a citation against Kahn for failure to comply with the applicable City ordinance. The Kahn Property is located adjacent to a Walgreen's property (the "Walgreen's Property"). The City's sewer line crosses only a portion of the Walgreen's Property and does not extend to the Walgreen/Kahn common property line. 10-19-10 Minutes Page - 5 - To resolve this matter, for and in consideration of the covenants and agreements set forth, upon signing the letter Agreement, Kahn shall pay the full amount of the City impact fees related to connecting the Kahn Property to the City's sewer system in the amount of Fifty Three Thousand Seven Hundred Eighty Eight and No/100 dollars ($53,788.00) for the seventeen living units on the Kahn property. The City, at its sole cost and expense, will secure an easement across the frontage of the Walgreen's Property to extend the sewer line to the Walgreen/Kahn common property line (the "Walgreen's Easement"), and the City, at the City's sole cost and expense, will extend the sewer line across the Walgreen's Property through the Walgreen's Easement to the Walgreen/Kahn common property line. The City will notify Mr. Kahn in writing when it has acquired the Walgreen's Easement. Mr. Spain further stated that Mr. Kahn will grant an easement to the City across the entire frontage of the Kahn property at a location approved by the City to connect the sewer line across the Kahn Property to the edge of the adjoining property (the "Kahn Easement"). Mr. Spain went over the proposed timeline for completion of the project. Mayor Pro-Tem Edwards recognized Mr. and Mrs. Kahn who came forward asking questions and stating concerns of not being able to come up with all the money at one time because it would create a financial hardship and asked for assistance with the impact fees to allow them more time to come up with them. Councilmembers addressed their questions and concerns. Mr. Kahn asked why the Baptist Church did not have to comply with the City Ordinance as their system had failed. Mayor Pro-Tem Edwards recognized Councilmember Fowler who addressed this issue of the Church stating that it was not the same issue. As Council was empathetic to their financial concerns they reiterated the benefits of connecting to the sewer line. Mayor Pro-Tem Edwards stated that due to the relationship Councilmember Fowler has with the Church, he asked that he recuse himself from this item. Mayor Pro- Tem Edwards recognized Councilmember Fowler who stated that he would be recusing himself from voting for or against this item. Mayor Pro-Tem Edwards recognized Mrs. Kahn who stated that they want to hook up to the sewer system but that they need more time. Councilmember Carpenter stated that he would like to float an idea to Council for consideration, understands the Kahn's points as well as the challenges of the City, understanding the comments of Mayor Pro-Tem Edwards in the City setting precedence. He does not mind setting a precedence being able to move to some partial middle ground, seven years is too long; however, he would be willing to vote for a plan that says two year period, four equal payments. That makes it a bit more manageable. Mayor Pro-Tem Edwards moved, seconded by Councilmember Antuna to receive fifty percent (50%) on October 22, 2010 and on completion of the City's line, the remaining amount. Councilmember Carpenter stated that prior to voting he would be amendable to spreading the payments out over two years, he would like to see four payments over twenty-four months. The vote was 2-2-1 with Councilmembers 10-19-10 Minutes Page - 6 - Edwards and Antuna voting for and Councilmember Carpenter and Scagliola - _ voting no and Councilmember Fowler abstaining. Motion failed. Councilmember Carpenter moved to spread the payments out over two years, City Attorney Michael Spain stated that the next Council meeting is November 2, 2010, Mayor Pro-Tem Edwards stated that if that is the case he would like to restate his motion, Councilmember Carpenter withdrew his motion. Mayor Pro-Tem Edwards then moved, seconded by Councilmember Antuna that Fifty percent (50%) be paid by close of business (5:00 p.m.) on November 2, 2010 and the other fifty percent (50%) be paid upon the completion of the city's portion. The vote was 2-2-1, with Mayor Pro-Tem Edwa?•ds and Councilmember Antuna voting for and Councilmembers Carpenter and Scagliola voting no and Councilmember Fowler abstaining. Motion failed. Mayor Pro-Tem Edwards recognized Mr. Kahn and again addressed more concerns and questions. Questions were answered regarding the septic system being fixed and are health issues going on now. Mr. Kahn stated that the system has been fixed; Council stated that if the City received a four inch rain then the system may fail again. After considerable debate Mayor Pro-Tem Edwards recognized Councilmember Carpenter who moved, seconded by Councilmember Antuna to amend the resolution to stated that we (City) will accept prior to commencing their meeting of November 2, 1010, of the amount of the fees, at six months accepting of the amount of the fees, at twelve (12) months all fees to be fully paid, and anytime of those dates, and the dates clearly established, that any default, all monies become due. Discussion continued regarding the portion of the fees the City will be paying to COMA and would they be willing to accept the same payment schedule. How would the City finance their portion, who would be responsible for obtaining the easements? Mayor Pro-Tem Edwards stated that for the record this is setting bad ' precedence and believes that this will come back on the City. Mayor Pro-Tem Edwards called for the vote. The vote was 2-2-1 with Councilmembers Carpenter and Antuna voting for and Mayor Pro-Tem Edwards and Councilmember Scagliola voting no and Councilmember Fowler abstaining. Motion Failed. Mayor Pro-Tem Edwards recognized Councilmember Scagliola who suggested tabling this item until November 2, 2010. Councilmember's discussed the reasons not to table this item. Mayor Pro-Tem Edwards recognized Councilmember Carpenter who moved, seconded by Mayor Pro-Tem Edwards that fifty percent (50%) due by November 16, 2010 by 5:00 p.m. and fifty percent (50%) upon completion of the City's portion making that line available to the Kahn's property. The vote was 4-1 with Councilmember Fowler abstaining. Motion carried. 5. ZC2010-007 -Ordinance No. 10-5-30 -Consideration and/or action upon a request to amend the Unified Development Code (UDC), Section 21.5.7 Dimensional and Developmental Standards, Table 21.5.7.A Swimming Pools and 10-19-10 Minutes Page - 7 - Maximum Impervious Cover Limitations within residential districts. Final Reading (M. Spain/M. Sanchez) i Mayor Pro-Tem Edwards recognized Development Services Director Michelle Sanchez who introduced this item stating that action requested of Council amends the Unified Development Code by adding swimming pools to impervious cover limitations within residential districts. On September 28, 2010 Council added language to the ordinance that would waive any swimming pools that are equipped with a water overflow system. Council recommended that Planning and Zoning review the updated ordinance at their next meeting of October 13, 2010. Planning and Zoning unanimously maintained their original vote to leave the ordinance as is and make no change to the UDC at this time. Mayor Pro-Tem Edwards recognized Councilmember Scagliola who moved, seconded by Councilmember Fowler to delay any changing to the language to the impervious coverage of the UDC at this time and allow staff to review this during the comprehensive review of the UDC in January. The vote was 2-2-1 with Councilmembers Scagliola and Fowler voting for and Councilmembers Carpenter and Mayor Pro-Tem Edwards voting no and Councilmember Antuna abstaining. Motion failed. Mayor Pro-Tem Edwards stated that he recently met with others during an APA Conference and got their opinions and views regarding the impervious cover issue. In talking to several city officials, they included the pools as impervious cover. Mayor Pro-Tem Edwards recognized Councilmember Carpenter who stated in regards to the additional language added that if you have an overflow system in place this allows you to slowly release water into the ground. He stated that we have created a position for a large number of residents that say "I know you want to spend money on your home and I know you want to improve your property, but we are not going to let you do it". He believes there is no issue, especially when he did the reading from the EPA that they were not counting the pool as impervious coverage and this is good enough for him. Mayor Pro-Tem Edwards recognized Councilmember Antuna who also stated he did research himself and found what Ms Sanchez had conveyed last time that Plano and other cities in the Metroplex were not including the pools as impervious coverage and agrees with Councilmember Carpenter. Ms. Sanchez provided a visual perspective of two different site plans for a pool with different footprints. Ms. Sanchez addressed Council's questions. Mayor Pro- Tem Edwards recognized Mr. Dave Richmond, Chair of the Planning and Zoning Commission, who addressed Council and reinstated the position of the Commission was not to make any changes and the reasons why; that being responsible, drainage was the principle reason for not changing the UDC. He agrees with Councilmember Scagliola to have this addressed when the Commission looks at the UDC next year. 10-19-10 Minutes Page - 8 - Mayor Pro-Tem Edwards asked if Council remembers the fifth (5`") Tuesdays of the . - , month are reserved for Council Workshops with the various boards and suggests that Council and the Planning and Zoning Commission have a joint workshop to focus on this issue. Councilmember Carpenter stated that he believed that this would not change Council's opinion or the Planning and Zoning Commission's recommendation and finds it unnecessary. Mayor Pro-Tem Edwards restated his motion, moved to discuss this in a joint workshop with the Planning and Zoning Commission on the fifth (5`") Tuesday, seconded by Councilmember Scagliola. The vote was Mayor Pro-Tem Edwards, Councilmember Scagliola voting for and Councilmembers Carpenter, Fowler and Scagliola voting no. Motion Failed. Mayor Pro-Tem Edwards recognized Councilmember Carpenter who moved, seconded by Councilmember Antuna to approve Ordinance 10-5-30 on final reading with the language added to include the water flow device. The vote was Councilmembers Carpenter and Antuna voting for and Councilmembers Fowler and Scagliola and Mayor Pro-Tem Edwards voting no. Motion failed. 7. Resolution No. 10-R-66 - Consideration and/or action authorizing an advanced funding agreement with the Texas Department of Transportation. (L. Dublin) Mayor Pro-Tem Edwards recognized City Engineer Larry Dublin who came forward to introduce this item. Mayor Pro-Tem Edwards asked if everyone had read the information provided in their packet and if they had questions, as no questions were asked Mayor Pro-Tem Edwards moved, seconded by Councilmember Carpenter to approve Resolution No. 10-R-66. The vote was unanimous. Motion carried. 9. Resignations/Appointments/Reappointments to Boards and Commissions/Committees - Consideration and/or action regarding resignation/appointments/reappointments to Boards and Commission/Committees. • Appointment to the Economic Development Corporation Mayor Pro-Tem Edwards recognized Councilmember Fowler who moved, seconded by Councilmember Carpenter to approve the reappointment of Harry Whitney to the Board of Directors of the Economic Development Corporation. The vote was unanimous. Motion carried. Requests and Announcements 10. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Mayor Pro-Tem Edwards requested that staff contact Mr. Keith Parker, CEO of VIA Metropolitan Transit to see if he will come and make a presentation regarding their light rail initiatives. Council concurred. Mayor Pro-Tem Edwards recognized City Attorney Michael Spain who requested that an item be placed on the November 9, 2010 agenda to select the cities Director 10-19-10 Minutes Page - 9 - as well as one member from Council to sit on the new Local Government Corporation Board. Council concurred. 11. Requests by Mayor and Councilmembers to City Manager and Staff for information. No ~eyuests given. 12. 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 Pro-Tem Edwards recognized the following Councilmembers: Councilmember Scagliola who thanked City Engineer Larry Dublin for attending the recent North Cliffe HOA meeting and briefing them on the road projects. He also stated that the Schertz Chamber of Commerce recently conducted their golf classic. Councilmember Scagliola stated he attended the following: • Schertz Chamber of Commerce Meeting, October 19, 2010, where they were provided with a comprehensive briefing on soon to become National Health Care. Councilmember Antuna who also attended the Schertz Chamber of Commerce meeting. Mr. Antuna mentioned that Wednesday, October 20, 2010 at 6:30 at the Civic Center the Kensington Ranch Estates will be hosting a HOA meeting. Councilmember Antuna reminded everyone to get out and vote and exercise your constitutional right. Councilmember Carpenter stated that he would like to say thank you to all of his colleagues this evening. He stated that he was excited about tonight's meeting, the reasons were, they had multiple split votes, lots of good discussions, and a civil exchange of clear disagreement on a number of items. This evenings meeting was the best example he has had since he has been on Council of what happens when government works. Specifically when you debate and argue keeping it civil and professional and done in a manner that befits the City. Mayor Pro-Tem Edwards stated he wanted to thank and congratulate Maggie Tineringly with the Schertz Chamber of Commerce for hosting the Schertz Golf tournament and also thanked the Fire Department for sponsoring the ball drop. He also reminded everyone to exercise your right and go out and vote. Mayor Pro-Tem Edwards stated that Economic Development Director Jeff Jewell has been doing an excellent job with economic development for the City and the Caterpillar announcement tonight was just an indication 10-19-10 Minutes Page -10 - of what is happening in this City and why people are coming and living in Schertz. He thanked Mr. Jewell for his efforts. 13. Announcements by City Manager • Recognition of City employee actions • New Departmental initiatives Mayor Pro-Tem Edwards recognized Assistant City Manager John Bierschwale who reminded Council that next week is the Texas Municipal League Conference in Corpus and that there will not be a council meeting next week. Mr. Bierschwale stated that City Manager Don Taylor and Assistant City Manager David Harris are out the week attending the ICMA Conference. ADJOURNMENT As there was no further action, Mayor Pro-Tem Edwards adjourned the meeting at 9:25 p.m. ?L--~-, J ayor Pro-Tem Edwards ATTEST: ~ ~ ` renda Dennis, TRMC, CMC City Secretary 10-19-10 Minutes Page -11- _ _ r