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04-24-2007-Regular MINUTES REGULAR SESSION APRIL 24, 2007 The Schertz City Council convened in Regular Session on Tuesday, April 24, 2007 6:30 p.m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas. The following members were present: Mayor Hal Baldwin presiding, Mayor Pro Tern Jim Fowler, Councilmembers David L. Scagliolia, Reginna Agee and Michael Carpenter. Absent: Councilmember Tony Wilenchik and Assistant City Manager John Bierschwale. Also present were City Manager Don Taylor, Assistant City Manager David Harris, City Secretary Judy Tokar and City Attorney Michael Spain. Other staff included: Leonard Truitt, Director of Development Services and Sam Willoughby, Director of Public Works. #1 CALL TO ORDER. Mayor Pro Tern Fowler called to the meeting to order at 6:30 p.m. #2 PLEDGES OF ALLEGIANCE TO THE UNITED STATES AND STATE OF TEXAS Both pledges were recited. #3 PROCLAMATION: The week of April 29-May 5, 2007 as "Municipal Clerks Week" . Mayor Pro Tern Fowler read and presented the proclamation for "Municipal Clerks Week" to Ms. Tokar, City Secretary. Ms. Ybarra, Deputy City Secretary was not present. #4 INTRODUCTION OF NEW EMPLOYEES: Facility Maintenance Department. Mike Deleon, Director of Facility Maintenance introduced Mr. Eli Lozano, Custodian I. #5 HEARING OF RESIDENTS. Raloh HOlme, 660 Rooster Run, advised the Council of the traffic and construction problems in the Kramer Farms Subdivision and requested the staff meet with the builder to help resolve some of the problems the residents are having during the construction. Robert Brockman, 1000 Elbel Road, said the light pole on Schertz Parkway was down and wanted to know when it would be replaced. Mr. Harris, Assistant City Manger said an insurance claim had been filed and the light pole was in the process of being replaced. Regular Session-04-24-07 Mayor Baldwin arrived at 6:35 p.m. ACTION ITEMS: #6 Presentation and acceptance of the Financial Audit for Fiscal Year 2005- 2006. (J. Santoya) Mr. Fred Tillman, auditor with Thompson, Williams, Biediger, Kastor & Young L.C., said he had met with the audit committee and reviewed the report with them. Mr. Tillman highlighted several of the funds such as the General Fund, Capital Project Fund, Debt Service Fund and Proprietary Funds, especially the water, sewer and emergency services; they showed a good profit. All the funds are in strong financial condition. He thanked the Council and the staff for the opportunity to work with them. Mayor Pro Tern Fowler made a motion, seconded by Councilmember Agee, to accept the Financial Audit for Fiscal Year 2005-2006. The motion carried 4 to 0 and the vote was as follows: AYES: Councilmembers Fowler, Scagliola, Agee and Carpenter. NA YES: None. #7 ORDINANCE: Discussion and action on first reading of an ordinance amending City of Schertz Ordinance No. 03-T-19; approving a tax abatement and a tax abatement agreement by the City Council for and with E.M. Limited Partnership, a property owner in the City of Schertz. (G. Antuna) Mr. Antunna said this was only a name change and has no effect on the abatement agreement. Councilmember Carpenter made a motion, seconded by Councilmember Scagliola, to approve the first reading of an ordinance amending City of Schertz Ordinance No. 03- T- 19; approving a tax abatement and a tax abatement agreement by the City Council for and with E.M. Limited Partnership, a property owner in the City of Schertz. The motion carried 4 to 0 and the vote was as follows: AYES: Councilmembers Fowler, Scagliola, Agee and Carpenter. NA YES: None. #8 Discussion and action to appoint members to the Schertz HistoricallPreservation Committee. (Mayor Baldwin) Mayor Baldwin requested this agenda item postponed until the next meeting. Regular Session-04-24-07 DISCUSSION ITEMS: #9 Discussion on the Capital Improvements Program and Impact Fee Analysis Year 2005 and action to set a public hearing for May 29, 2007. (S. Willoughby) Larry Dublin, with Ford Engineering, said he reviewed the capital improvement plan and had the following comments: a line item was added for the construction of a regional ground storage for the City at a cost of $4,800,000.00 and participating cities to the SSLGC for well development and treatment at a cost of $6,500,000.00. They are necessary to modify the Capital Improvement Plan and impact fee to compensate for the changes. Councilmember Carpenter made a motion, seconded by Councilmember Agee to set the public hearing for the amendment of land use assumptions, the capital improvements plan and imposition of an impact fee for May 29,2007. The motion carried 4 to 0 and the vote was as follows: AYES: Councilmembers Fowler, Scagliola, Agee and Carpenter. NA YES: None. #10 ORDINANCE: Discussion on final reading of an ordinance amending the Unified Development Code (UDC) Ordinance 96-S-28 by rezoning 37.029+ acres out of the Toribio Herrera Survey No. 68, Guadalupe County, Schertz, Texas from Pre-Development District (PD) and Single-Family Residential-2 District (R-2) to General Business (GB); providing an effective date; and providing a repealing clause. Mr. Taylor said there was no change to the ordinance and action will be taken at the next meeting. #11 Discussion on commercial vehicles parking adjacent to major roadways. Mr. Harris, Assistant City Manager said he spoke with the City Attorney who told him that it would be difficult to legislate and enforce not allowing commercial vehicles to park in the parking lot in front oftheir businesses. Councilmember Carpenter said he would do more research on how to come up with a solution or ideas to address the problem. #12 Discussion on expansion of overlay districts to include Schertz Parkway and Country Club Blvd. The general consensus of the Council was to instruct staff and Planning and Zoning to go forward with an ordinance to extend the overlay district on Schertz Parkway to the Regular Session-04-24-07 railroad tracks, FM 3009, and to create overlay districts for Country Club Boulevard and any other major thoroughfares with businesses. #13 Items by City Manager Taylor and Staff No report. #14 Items by Council Mayor Pro-tem Fowler · Met with Mr. Hogue, Kramer Farms resident regarding the traffic complaints. Mr. Taylor responded he would have the Police Department increase traffic patrol in the subdivision. Councilmember Scagliola · He suggested staff meet with the residents of Kramer Farms and Pulte Homes to work on resolving some of the trash and traffic complaints. Councilmember Agee · Had no comments. Councilmember Carpenter · Invited everyone to attend the 50th Anniversary Committee; he appreciates any input from the community. #15 Items by Mayor · Met with Mr. Taylor, City Manager and Mr. David Starr, who is the new developer for the property on FM 3009. They were very impressed with the proposed apartment complex and said it will be similar to Legacy Oaks Apartment on Schertz Parkway. · Announced the Post Office ground breaking on Friday, April 27th at 9:00 a.m. · Sent condolences to Mary Ybarra's family; her mother died. #16 ADJOURNMENT Mayor Baldwin adjourned the meeting at 7:35 p.m. ah'~ tbn~wler, Mayor Pro Tern ~~ Regular Session-04-24-07 ATTEST: ~Ci~ Regular Session-04-24-07