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12-05-2006-Regular Session MINUTES CITY COUNCIL REGULAR SESSION DECEMBER 5, 2006 The Schertz City Council convened in Regular Session on Tuesday, December 5, 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. Scagliola, Reginna Agee, Tony Wilenchik, Council Member Fowler and Mayor Pro Tem Michael Carpenter. Also present were City Manager Don Taylor, Assistant City Manager David Harris, and Judy Tokar City Secretary #1 CALL TO ORDER. Mayor Baldwin called the meeting to order at 7:00 p.m #2 HEARING OF RESIDENTS. Sharon Penninl!ton, President Chamber of Commerce made the following announcements: . Taco Cabana fundraiser scheduled on Dec. 7th. · Chamber Mixer scheduled for December 14th. . Husband received assignment to Air Force Academy in Colorado Springs-will have to be there mid March. David Richmond. 2921 Bent Tree made the following comment: . Crackles (bird) problem north of Schertz in the FM 3009/ IH-35 area. Has there been any thought on how to handle the problem? Robert Brockman. 1000 Elbel Rd. made the following comments: . Chamber decorations are very nice. . Referred to Selma's TSO rating and inquired what was City's rating? · Reported on Commissioners Court meeting. Ramon Cook., 913 Dimrock made the following comment: . Inquired what department in the City was working on FEMA Flood Plain Map? Mr. Cook was given the name of the person working with FEMA. #3 PLEDGE OF ALLEGIANCE TO THE UNITED STATES AND STATE OF TEXAS (Honor the Texas flag; I pledge allegiance to thee, Texas, one and indivisible.) Both pledges were recited. Regular Session 12-05-06 #4 PRESENTATION: CERTIFICATE OF RECOGNITION TO EAGLE SCOUTS Mayor Baldwin and Councilmember Wilenchik I-.~~~u;~d certificates to VFW Post #8315 for supportive sponsorship of Scout Troop 512, and Scout Master, Dean Schneider for outstanding community service. Certificates were also presented to Eagle Scouts, Dustin Stark, Ryan Marcum, Brandon Podojil, Ryan Gates, Andrew Touhill, Thomas Schneider, Matthew Vaughn, Henry Conway and Jerry Gruber. Also, Scout Master Schneider introduced Steven Gates, 2004 Eagle Scout. #5 PRESENTATION on proposed Austin-San Antonio Rail District Mr. Ross Milloy, of the Austin-San Antonio Commuter Rail District reported on a two- year commuter rail study between San Antonio and Georgetown. Nine public meetings and two (2) feasibility studies have been done and this evening provided the results of these studies. A power point presentation covered such issues as IH-35 congestion, freight movement and safety. The presentation included an explanation of "what is a commuter rail", as well as identifying existing commuter rails such as the TRE (Dallas- Ft. Worth) and the NM Railrunner. Other items covered were corridor limits, encompassed miles, projected passenger stations, Union Pacific (UP) through-freight trains relocation, projected railroad R.O.W, full service cost of$612 M, passenger station map, proposed rail operations, benefits, direct economic impact, regional impact, local impact, proposed funding strategy, capital and operating costs, debt financing plan, creation ofTIF, and what would be needed for local support. A 90-day follow-up meeting is projected. #6 CONSENT AGENDA: The following items may be acted upon in one motion. No separate discussion or action is necessary unless requested by the Mayor or a Councilmember, in which event those items will be pulled for separate consideration: A) ORDINANCE: Discussion and action on final reading of an ordinance amending certain provisions of Chapter 50, Miscellaneous OtJenses and Provisions, Article V, Alarms systems, False Alarms, formerly Chapter 10, Article V. ORDINANCE NO. 06-M-56 An ordinance by the City Council of the City of Schertz, Texas amending the code of Ordinances of the City by amending certain provisions of Chapter 50, Miscellaneous OtJenses and Provisions, Article V, Alarm Systems, False Alarms, formerly Chapter 10, Article V. B) ORDINANCE: Discussion and action on final reading of an ordinance amending the Code of Ordinances by revising section 14-213, inoculation & sterilization ofadopted animals; Section 14-218(b). Regular Session 12-05-06 ORDINANCE NO. 06-H-57 A Ordinance by the City Council of the City of Schertz, Texas providing that the Code of Ordinances of the City of Schertz, Texas be amended by revising section 14-213, Inoculation and Sterilization of adopted animals; section 14-218 (b), Sterilization Agreement and providing a repealing clause. C) ORDINANCE: Discussion and action on final reading of an ordinance amending the Code of Ordinances by amending Chapter 50, Miscellaneous OtJenses and Provisions, Article IV, Guns, BB Guns, Pellet Guns, Section, 50-125, exception, formerly Chapter 10, Article IV, Section 10-70. ORDINANCE NO. 06-M-58 An Ordinance by the City Council of the City of Schertz, Texas amending the Code of Ordinances of the City by amending Chapter 50, Miscellaneous OtJenses and Provisions, Article IV, Guns, BB Guns, Pellet Guns, Section, 50-125, Exception, formerly Chapter 10, Article IV, Section 10-70 D) ORDINANCE: Discussion and action on final reading of an ordinance amending Chapter 86, Article III, Traffic and Motor Vehicles, Traffic Control Devices, to add Sections 86-94 through 86-100, Photographic Traffic Enforcement System, Establishing a Photographic Traffic Enforcement System; establishing certain defenses and penalties; providing a non-judicial administrative hearing process with appeal to the municipal court. ORDINANCE NO. 06-D-59 An Ordinance by the City Council of the City of Schertz, Texas amending Chapter 86, Article III of the Code of Ordinances of the City, Traffic and Motor Vehicles, Traffic Control Devices, to add Sections 86-94 through 86-100, Photographic Traffic Enforcement System, Establishing a Photographic Traffic Enforcement System; Establishing certain defenses and penalties; providing a nonjudicial administrative hearing process with appeal to the Municipal Court; severability; repeal of conflicting Ordinances; and an etJective date. Councilmember Carpenter made a motion, seconded by Councilmember Wilenchik to approve consent agenda items #6 A-D. The vote was as follows: AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik and Carpenter. NAY: None. Regular Session 12-05-06 #7 Discussion and action on purchase of property for Northeast Quadrant elevated water tank. Presenter: Sam WiUoughby Councilmember Wilenchik made a motion, seconded by Councilmember Agee to approve purchase of property for the Northeast Quadrant elevated water tank in the amount of $20,000. The vote was as follows: AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik and Carpenter. NAY: None. #8 Discussion and action on meeting of December 26th workshop. Councilmember Carpenter made a motion, seconded by Councilmember Fowler to cancel meeting of December 26, 2006. The vote was as follows: AYES: Councilmembers Fowler, Scagliola, Agee, and Wilenchik. NAY: Councilmember Carpenter #9 Discussion and action to appoint and swear in Councilmember Jim Fowler as Mayor Pro Tem for a six month term to expire June 2007. Councilmember Carpenter made a motion, seconded by Councilmember Scagliola to appoint Councilmember Fowler as Mayor Pro tern for a six-month term from December I sl to the end of June 2007. The vote was as follows: AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik and Carpenter. NAY: None. At this time, Mayor Baldwin swore in Councilmember Fowler as Mayor Pro tem. #10 Items by City Manager Taylor and Staff General Announcements . Festival of Angel's parade and lighting of the Christmas tree went well this past weekend. The snow event on Saturday had a great turnout. . Reported on the amount raised for the Blue Santa program. #11 Items by Council General Announcements Councilmember Fowler . Would be meeting with Brant Engineering on Friday. . The family will be leaving early in the morning to Fort Hood to pickup son coming from Iraq. Regular Session 12-05-06 Councilmember Scagliola . Attended the Randolph Metro-Com Gala and reported it was a wonderful evenmg. · Thanked staff for their hard work during the events of the Festivals of Angel's. Councilmember Agee . Had no comments. Councilmember Wilenchik . Reported that the RFP's for the City's Bank Depository have closed. The City received six (6) RFP's. A review is planned and a recommendation will be forward to Council for consideration. . Reported on the Humane Society GolftoUffiament and the money raised. Mayor Pro Tem Carpenter . Attended the Library Advisory Board meeting and reports on some good news; a contract has been executed for the purchase of land for the new Library, also at the GVEC Leadership Conference, a selection was made to raise funds to outfit the Young Reader section of the new Library. . Mentioned the Lack's groundbreaking on Wednesday. #12 Items by Mayor General Announcements . Apologized for not being in town for the Festival of Angel's events and thanked Mayor Pro tem Carpenter for filling in at these events. #13 ADJOURNMENT Mayor Baldwin closed the meeting at 8: 18 p.rn. Hal Bald , Mayor ATTEST: U4'~ tJiYTokaJU City Secretary Regular Session 12-05-06