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03-09-10 _ _ MINUTES REGULAR MEETING March 9, 2010 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on March 9, 2010 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 Mayor Pro-Tem David Scagliola Councilmember Jim Fowler Councilmember John Trayhan 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 6:30 p.m. INVOCATION AND PLEDGES OF ALLEGIANCE TO TI3E 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. EMPLOYEE RECOGNITION • Employee Recognition of accomplishment (Municipal Court Office) Mayor Baldwin recognized Municipal Court Services Director Patti Veliz who introduced Senior Deputy Court Clerk Angela Green and Deputy Court Clerk Jackie Marbach mentioning that each has successfully completed their Texas Municipal Court Clerks Certification. Mayor Baldwin and Council congratulated Angela and Jackie for such an accomplishment. City Manager Don Taylor thanked Patti and her staff for an outstanding job they have done in the Municipal Court. RECOGNATION/PROCLAMATIONS • Proclamation recognizing Cal-Tex Protective Coatings, Inc. Mayor Baldwin recognized Economic Development Director George Antuna who introduced Mr. Bob Pruitt President, Ms. Jenifer Anderson, Corporate Training and Planning Coordinator with Cal-Tex. Mayor Baldwin presented Mr. Pruitt, Ms. 03-09-2010 Minutes _ Anderson with a proclamation for being ranked 29`h out of the top 50 companies in the San Antonio region. PRESENTATION • Marshal Services report and update -Presentation and discussion regarding the Marshal Services Department (B. Todd) Mayor Baldwin recognized City Marshal Beverly Todd who came forward providing a brief PowerPoint presentation on information regarding the recent and past activities of the Marshal Services answering questions from Council. Mayor and Council thanked Marshal Todd and her staff for an outstanding job. • FM 3009 update -Presentation and discussion regarding the FM 3009 Construction (L. Dublin) Mayor Baldwin recognized City Engineer Larry Dublin who gave a briefing regarding the design and status of the FM 3009 construction project answering questions from Council. HEARING OF RESIDENTS Mayor Baldwin recognized the following: Ms. Marilyn Paliani, 1304 Greenwood who spoke against the City allowing a puppy pet expo stating she supports the Humane Society in adopting animals. Mr. Herman Harlohs, 11564 Ware Seguin who spoke regarding the road construction and drainage issues. Mr. Robert Brockman, 1000 Elbel Road who spoke regarding a sign on Wiederstein road, the upcoming BVYA grand opening, over grown trees and the Library still needing a vending machine. Ms. Michele Tereletsky, 705 Marilyn Drive who spoke regarding the drainage problem behind Marilyn Drive. Discussion and/or Action Items 1. Minutes -Consideration and/or action regarding the approval of the minutes of the Regular Meeting of February 23, 2010 and the Joint Workshop with City Council and EDC February 25, 2010 Councilmember Carpenter indicated that he would be voting for both but that he was absent at the February 25, 2010 meeting. 03-09-2010 Minutes Page - 2 - Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Mayor Pro-Tem Scagliola to .approve the minutes of the Regular Meeting of February 23, 2010 and the Joint workshop with City Council and EDC February 25, 2010. Vote was 3-0-1 with Councilmember Fowler Abstaining. Motion Carried. 2. Ordinance No. 10-M-04 -Consideration and/or action approving an ordinance establishing the time and place of City Council meetings; providing an effective date; and repealing all ordinances or parts of ordinances in conflict with this ordinance. (M. Spain) First Reading Mayor Baldwin recognized City Attorney Michael Spain who introduced this item stating that Section 4.09(a) of the City Charter provides in part that the "City Council shall meet at least once each month at a time and place prescribed by ordinance." Pursuant to Ordinance No. 88-D-4, codified in Section 2-2(a) of the City's Code of Ordinances, the regular meetings of the City Council are to be conducted on the first and third Tuesdays of each month, commencing at 7:00 p.m., and that Ordinance has not been amended. By motion, approved by unanimous vote of the City Council on February 13, 2007, the City Council determined to start all City Council sessions at 6:30 p.m. every Tuesday; by practice, the City Council does not generally meet on the 5th Tuesday of a month. Ordinance No. 10-M-04 is intended to officially clarify the City Council's policy on regular meeting days, times, and places. City Attorney recommends City Council approval. City Attorney Michael Spain answered questions from Council. Mayor Baldwin recognized Councilmember Fowler who moved, seconded by Councilmember Trayhan to approve Ordinance No. 10-M-04 first reading. Vote was unanimous. Motion Carried. 3. Ordinance No. 10-S-OS - ZC-2010-001 Ashton Senior Village -Zone from NS to R-4 - Conduct a public hearing and consideration and/or action on a request to rezone approximately 10.637 acres of land from Neighborhood Services District (NS) to Apartment/Multi-Family District (R-4)_. The property is more specifically described as a portion of the Genobera Malpaz Survey No. 67, Abstract No. 221, generally located 458 feet east of the intersection of Borgfeld Road and FM 3009 (Roy Richard Dr.) First reading (M. Sanchez) Mayor Baldwin recognized Development Services Director Michelle Sanchez who introduced this item stating that action by Council rezones approximately 10.637 acres of land from Neighborhood Services District (NS) to Apartment/Multi-Family District (R-4). She stated the Planning and Zoning Commission voted at their February 24, 2010 meeting to approve the rezoning for only a senior multi-family development. It was also stipulated that after two (2) years if funding cannot be secured and the senior housing development is not constructed the zoning would revert back to its original Neighborhood Services District (NS). This property is located on Borgfeld Road between the car wash and Stars Dance Studio. Mayor Baldwin opened the public hearing and recognized Mr. Steve White, President of the Economic Development Corporation who spoke regarding the problem of the 03-09-2010 Minutes Page - 3 - financing on the project, specifically the 50% tax abatement for life. The EDC is not opposed to the project but is opposed to the financing. As no one else spoke, Mayor Baldwin closed the public hearing. Mayor Baldwin read the Ordinance caption and after a brief presentation by Director of Development Services Michelle Sanchez; questions and comments from Council were entertained . After considerable discussion between the Council and the landowners regarding the abatement and financing issues and matters of how the property would be monitored, Mayor Baldwin called for a motion. Mayor Baldwin recognized City Attorney Michael Spain who pointed out the stipulation that if this property is not developed within 2 years that it will revert back to the original zoning he also requested that the city put a notation on the city map for this particular piece of property. Mayor Baldwin recognized Mayor Pro-Tem Scagliola who moved, seconded by Councilmember Fowler to approve Ordinance No. 10-S-OS first reading. Vote was unanimous. Motion Carried. Mayor Baldwin adjourned into executive session at 7:45 p.m. 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 Deliberation regarding Economic Development Negotiations. Mayor Baldwin reconvened into regular session at 9:07 p.m. RECONVENE TO REGULAR SESSION 4. Take any action deemed necessary as a result of the Executive Session. No action taken. Requests and Announcements 5. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No requests given. 6. Requests by Mayor and Councilmembers to City Manager and Staff for information. No requests given. 03-09-2010 Minutes Page - 4 - 7. 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 Scagliola who stated that it was a busy week. He attended the following: • Kung Jung Mu Sul awards ceremony • Ribbon cutting at the new book store next to the old Library • Master Gardner's show at the Civic Center • Wilenchik Walk For Life Mayor Baldwin recognized Councilmember Fowler who stated he attended the Wilenchik Walk for Life event mentioning it was very well attended. Councilmember Fowler also mentioned the project at the Recreation Center in that it is coming along nicely and it is a great facility. Mayor Baldwin recognized Councilmember Trayhan who also stated he attended the Wilenchik Walk for Life event and thanked everyone involved. Mayor Baldwin recognized Councilmember Carpenter who stated he too attended the Wilenchik Walk for Life event this past weekend. Councilmember Carpenter also stated that he would be absent at the next Council meeting. Mayor Baldwin stated that he attended the Wilenchik Walk for Life event and thanked everyone involved in making it a great success. Mayor Baldwin stated that he wanted to give kudos to City Engineer Larry Dublin for hosting a successful meeting with the residents of Mesa Oaks in addressing their concerns. Mayor Baldwin recognized Administrative Assistant Sandy Bryant and thanked her for assisting an angry citizen who had called him stating that she had booked a birthday party at the park but that recently she had received a letter that the park would be closed for repairs. Mayor Baldwin stated that Sandy was able to open the park for the birthday party and the citizen was very appreciative. Ms. Bryant thanked City Engineer Larry Dublin for assisting her in making it happen. 8. Announcements by City Manager • Recognition of City employee actions • New Departmental initiatives 03-09-2010 Minutes Page - 5 - Mayor Baldwin recognized Assistant City Manager John Bierschwale who thanked everyone for attending the Wilenchik Walk for Life event stating that there were over 539 in attendance and has hopes that the city will reach their goal. Mayor Baldwin recognized Assistant City Manager David Harris who stated that YMCA has offered a corporate discount to Council and City Staff, $10.00 for individuals and $20.00 for family. Mr. Harris mentioned that he met with Bexar Metro District and they declined the offer from the City of the free land. He stated that he believed this project would be built in Bexar County area. Mr. Harris announced that he and George Antuna had been working with the City of San Antonio regarding the release of the ETJ and that it is scheduled to be on their meeting of April 1, 2010 Mr. Harris asked everyone to reserve the date of April 15, 2010, as the City of Schertz will be hosting the TML Region VII meeting at the Civic Center, invitation will be going out this week. Mayor Baldwin recognized City Engineer Larry Dublin who stated that the Recreation Center is coming along nicely and that YMCA will be moving their equipment in on Monday. He also stated that YMCA will behaving the opening gala the end of April and that more information will be provided shortly. ADJOURNMENT As there was no further action, Mayor Baldwin adjourne the meeting at 9:17 p.m. al Baldwin, Mayor da Dennis, TRMC, CMC City Secretary 03-09-2010 Minutes Page - 6 -