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10-17-2006-Regular Session MINUTES REGULAR SESSION OCTOBER 17,2006 The Sehertz City Couneil eonvened in Regular Session on Tuesday, October 17, 2006 at 7:00 p.m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas. The following members were present: Mayor Hal Baldwin presiding, Council Members David L. Scagliolia, Reginna Agee, Tony Wilenchik and Mayor Pro Tem Michael Carpenter. Absent: Council Member Jim Fowler. Also present were City Manager Don Taylor, Assistant City Manager John Bierschwale and Judy Tokar City Secretary. #1 CALL TO ORDER. Mayor Baldwin called the meeting to order at 7:00 p.m. #2 PLEDGES OF ALLEGIANCE TO THE UNITED STATES AND THE STATE OF TEXAS. Mayor Baldwin led the pledges of allegiance. #3 HEARING OF RESIDENTS. Beverlv Todd. Assistant Chief of Police. introduced the following employee; Michael McGuire, as a recently promoted detective for the Schertz Police Department. Sharon Pennington. Chamber of Commerce President nade the following comments: . Mentioned bringing a newsletter and monthly calendar for the Council. . The V.I.P. Silvertree Rehabilitation Center ribbon cutting and grand opening. . The grand opening of Carmine's Restaurant has been postponed, due to a feature story being done by KSAT News. . Ms. Pennington asked to postpone the discussion ofItem 10 until she was ready. Brian Hanan. Whisner Meadow Homeowners Association. expressed his concerns about the idea of changing the Master Plan for Whisper Meadows to allow for an extension of Orth Avenue for traffic from FM 1103 to enter this neighborhood. He feels this change would be detrimental to his neighborhood and does not support it. Robert Brockman. 1000 Elbel Rd., suggested putting expiration dates on notices that are put no the bulletin boards at City Hall. Mr. Brockman also asked if we could assign rooms for certain meetings to be held to avoid confusion. #4 CONSENT AGENDA: Mayor Baldwin introduced minutes and read captions as follows: Regular Session 10-17-06 7 A) Approval of Minutes: 1) Workshop Session of June 27 2) Regular Session of July 11 ORDINANCE No. 06-S-51 B) ORDINANCE: Discussion and action on final reading of an ordinance for a special use permit of lot 13, Black 3 in the Nell Deane Subdivision. The .9983+ acre tract contains 4,800 square foot of officeJwarehouse facilities located in the Air Instillation Compatible Use Zone (AICUZ), Air Protection Zone-2 (APZ-). The property is zoned General Business (GB). Applicant: Larry W. Hunt. ORDINANCE NO. 06-D-52 C) ORDINANCE: Discussion and action on final reading of an ordinance amending the Code of Ordinances by revising Section 86-149, No Parking on Inglewood drive. Mayor Pro Tern Carpenter made a motion, seconded by Councilmember Wilenchik, to approve consent agenda items B and C. The vote was as follows: AYES: Councilmember Scagliola, Agee, Wilenchik, and Carpenter NAY: None. Councilmember Wilenchik made a motion, seconded by Mayor Pro Tern Carpenter, to approve the Workshop Session of June 27th, and the Regular Session of July 11th. The vote was as follows: AYES: Councilmember Scagolia, Agee, Wilenchik and Carpenter. NAY: None. Mayor Baldwin introduced a Ordinance and read caption as follows: ORDINANCE NO. 06-M-54 #5 ORDINANCE: Discussion and action on first reading of an ordinance authorizing and allowing under the Act governing the Texas Municipal Retirement System, "Updated Service Credits" in said system on an annual basis for service performed by qualifying members of such system who at the effective date of the allowance are in the employment of the City of Schertz; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City; to increase the rate of deposits to the TMRS System by the employees of the city. Presenter John Biershwale. Regular Session 10-17-06 8 Mr. Biershwale explained the update of service credits going into affect after January 1, 2007. Mayor Pro Tern Carpenter made a motion, seconded by Councilmember Wilenchik to approve this ordinance on the fIrst reading authorizing and allowing under the Act governing the Texas Municipal Retirement System, "Updated Service Credits" in said system on an annual basis for service performed by qualifying members of such system who at the effective date of the allowance are in the employment of the City of Schertz; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City; to increase the rate of deposits to the TMRS System by the employees ofthe city. AYES: Councilmember Scagliola, Agee, Wilenchik, Carpenter. NAY: None Mayor Baldwin introduced a ordinance and read the caption as follows: ORDINANCE NO. 06-D-50 #6 ORDINANCE: Discussion and action on a reading of an ordinance providing that the Code of Ordinances be amended by revising Section 86-149, No Parking; and proving a repealing clause; and declaring and emergency. (Dove Meadows, Town Gate, Park Fair Gate and Emerald Gate). Presenter John Bierschwale. Mr. Biershwale explained that cars are blocking this neighborhood during school hours and school functions, which in turn are possibly preventing emergency vehicles from entering. He announced that no citations would be issued until everyone is properly notified. Mayor Pro Tern Carpenter made a motion, seconded by Councilmember Wilenchik to approve reading of an ordinance providing that the Code of Ordinances be amended by revising Section 86-149, No Parking; and proving a repealing clause; and declaring and emergency. The vote was as following: AYES: Councilmember Scagliola, Agee, Wilenchik, Carpenter. NAY: None. #7 RESOLUTION: Discussion and action on designating the official newspaper for fiscal year 2006-2007. Mr. Don Taylor explained that each year the city is required to name an official newspaper, the City has previously relied upon the Herald and The Daily Commercial Recorder. Regular Session 10-17-06 9 Mayor Pro Tern Carpenter made a motion, seconded by Councilmember Wilenchik to designate the official newspaper for fiscal year 2006-2007, and to remove the Herald in the second and fourth paragraphs of the resolution leaving only the Daily Commercial Recorder as the official newspaper. The vote was as following: AYES: Councilmember Scagliola, Agee, Wilenchik, C..........:er. NAY: None. #8 Discussion and action on revising the City's Investment Policy. Presenter: Juan Santoya. Councilmember Wilenchik made a motion, seconded by Mayor Pro Tern Carpenter to adopt the city investment policy as amended, deleting the City's financial advisor as a member of the Investment Advisory Committee. The vote was as follows: AYES: Councilmember Scagliola, Agee, Wilenchik, Carpenter. NAY: None. #9 Discussion on requirement for utility deposits. Presenter: Karen Garcia Ms. Garcia stated that the City was equal to other cities rates for utility deposit; the only difference is an application fee, which is not charged by the City. She also informed Council that after two years of good pay the deposit is refunded. Councilmember Agee mentioned holding the deposit until account closes. Staff is not recommending changing to the $60.00 deposit fee for residential area utilities. #10 Discussion and possible action on distribution of funds from dissolved Schertz Development Foundation. No action taken until after discussion ofItem # 14. After later discussion it was decided to be postponed until a later meeting. #11 Discussion and action on the appointments to the Schertz Economic Development Corporation. - Presenter: Amy Madison. Ms. Madison mentioned that the Schertz Economic Development Co...v...:ion has seven applicants for Council's consideration. The applicants are as follows: Steven White, Robert Statzer, Klaus Wieswurrn, Gerard Martelly, Carl Douglas, Tracy Bean, and James MacSorely. The Mayor asked the applicants to come back for a workshop to be interviewed by the Council. Regular Session 10-17-06 10 Mayor Pro Tern Carpenter made a motion, seconded by Councilmember Agee to postpone the item until Council's next Workshop Session on October 24, 2006. AYES: Councilmember Scagliola, Agee, Wilenchik, Carpenter. NAY: None #12 Discussion on Tax Phase- In and Reinvestment Zone Policy. Mayor Pro Tern Carpenter made a motion, seconded by Councilmember Agee to postpone this item until the next scheduled Workshop Session. The vote was as follows: AYES: Councilmember Scagliola, Agee, Wilenchik, Carpenter. NAY: None #13 Discussion on establishing a 50th Year Anniversary Committee. Mayor Pro Tern Carpenter expressed his concerns on the urgency of this particular item due to the fact that the date is merely 23 months away. He suggested that he would like to have this committee report directly to the Council and only last temporarily. Councilmember Wilenchik made the suggestion that the Schertz Chamber of Commerce may also join with the City to participate in the planning. According to the scheduled agenda for this meeting no action could be taken on this item at this time, instead it has been postponed to next week's scheduled Workshop Session as an action item. #14 Discussion on establishing an Schertz Historical /Preservation Committee. Mayor Pro Tern Carpenter stated that he would like to be a permanent committee to work directly with the City dealing with protection of artifacts and documents. A call for applications would once again be necessary, after action is taken at next week's Workshop Session. Mayor Baldwin stated he has been actively trying to put together a preservation group. He has so far asked Tom DeKunder, Ray Mueller, the Schertz's and the Ackerman's to serve on this committee. Don Taylor, City Manager suggested to Council that engineers and architects who have expertises in that field might be more beneficial to this project. #15 Items by City Manager Taylor and Staff A.) Update on Parks and Recreation Advisory Board-Gail Douglas Regular Session 10-17-06 11 Mr. Taylor stated that Parks and Recreation was working on receiving a grant for North Schertz Park and came in 2nd place. If City of Schertz had a Master Plan on this existing park it would be very beneficial. Ms. Gail Douglas informed Council that Parks and Recreation Advisory Board had their fifth meeting last night. She also apologized to Mr. Brockman for moving the room without notice and informed Council she will take care of the sign situation. The Board is working on an overall Master Plan and would like to amend the Park Land Ordinance, but not at this time. Mayor Baldwin called for a five-minute break at 8:00 p.rn. before convening into executive session. #16 EXECUTIVE SESSION: Called under Chapter 551 of the Texas Government Code, Sub-Section 551.072, Deliberation Regarding Purchase and/or Lease of Real Property and Section 551.071(a) Deliberation Regarding Legal Matters. Mayor Baldwin reconvened the regular at meeting at 9:25 p.rn. #17 Action, if any on above subject of the Executive Session. Mayor Baldwin announced there would be no action taken on the above Executive Session. #18 Items by Council General Announcements Councilmember Scagliola: . None Councilmember Agee: . None Councilmember Wilenchik: . VFW Post Sponsors a Boy Scout, this year they will have 10 Eagle Scouts in this troop and worthy of recognition on December 19th. Mayor Pro Tem Carpenter: . Asked that the workshop be cancelled to participate in the Halloween Trunk or Treat October 31,2006. . Names for rooms in the new civic center need to be chosen by Council. . Attended the BVY A meeting, and Parks and Recreation meeting but had nothing to report of importance. #19 Items by Mayor: Regular Session 10-17-06 12 Attended a meeting with the Mayor of Seguin and staff of the two cities, and did authorize SSCGL to get started on Well #9. #21 ADJOURNMENT The meeting was adjourned at 9:30 p.m. ~4' r , Hal Baldwin, Mayor ATTEST: ~it~ Regular Session 10-17-06 13 r-