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09-25-2007-Regular SessionMINUTES REGULAR SESSION SEPTEMBER 25, 2007 The Schertz City Council convened in Regular Session on Tuesday, September 25, 2007, at 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 -tem David Scagliola, and Councilmembers Jim Fowler, John Trayhan, Tony Wilenchik and Michael Carpenter. Also present were: City Manager Don Taylor, Assistant City Manager John Bierschwale, Assistant City Manager David Harris, and Interim City Secretary Mary Ybarrra. #1 CALL TO ORDER. Mayor Baldwin called the meeting to order at 6:30 p.m. #2 PLEDGES OF ALLEGIANCE TO THE UNITED STATES AND STATE OF TEXAS (Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.) Both pledges were recited. #3 HEARING OF RESIDENTS. Ken Greenwald, Cibolo Creek Municipal Authority: • Spoke about winter averaging. Also stated that any billing system has to be fair and equitable to all who use the system according to TCEQ. When they reach 75% of capacity they must start planning for expansion and upgrade, probably by bond issue. Mr. Trayhan asked where our capacity is now; Mr. Greenwald stated that by next year we would be there. • He also briefed on the Schertz Seguin Local Government Corporation meeting notes. He spoke about the addition of 4 more wells on property the SSLCG already owns. We will also have to start changing filters on our pumps. There was a change on the SSLGC board with Mr. Ramon Cook being elected President. Mr. Greenwald is now Secretary of the SSLGC Board. The Council asked Mr. Greenwald to get on the agenda for a more thorough SSLGC update. #4 INTRODUCTION: Police Department New Employees Chief Starr introduced new Police Officers: Christopher Hernandez, Daniel Carmona, Kelly Brinkhoeter and Jason Erben. #5 PRESENTATION: Schertz Sweetheart Court This item was removed from the agenda and will be placed on the October 2, 2007 Council Agenda. City Council Regular Meeting 329 9/25/2007 #6 Items by Council Mayor Pro -Tem Scagliola • Mentioned that the police officer that was killed in San Antonio was a Schertz resident. He was approached by residents about a memorial for him. Councilmember Fowler • Attended the Parks & Recreation Board meeting and was impressed by George Logan. We were approved for a $51,000 grant for trails. • One of the items brought up was the exclusivity of BVYA using the ball fields. • Jonnie McDow resigned from the Parks and Recreation Board at the meeting. Councilmember Trayhan ■ None Councilmember Wilenchik • Attended the Board of Adjustments meeting approved except for one sign request. • One thing that came up was some concern appointing members to boards and commissions. a policy letter. last night. All items were with Council's method for He would be happy to write Councilmember Carpenter • He also received a call from the BOA and agrees with the idea of Councilmember Wilenchik writing a policy letter about Council appointments. • He also attended the Schertz Youth Commission Meeting last night. • Schertz was also named in US News and World Report as one of the best cities in which to retire. #7 Mayor Baldwin • Mentioned that the Historical Committee meeting date is changed to October 4 th • Red McCombs spoke at the Austin -SA Corridor Council meeting they attended; Schertz is #5 as hot spots on IH -35. • Received a letter saying that there has been $5 M appropriated for cities affected by BRAC. We might have a chance to get some of the grant money - we should look at applying for it. #8 PUBLIC HEARING: A) To receive public comment on the proposed FY 2007 -08 budget for the City. (D. Harris) City Council Regular Meeting 330 9/25/2007 The Public Hearing was opened at 7:04 p.m. Mr. Harris mentioned that the only change is an HR Clerk moved from a 9 -month position to a full time position. He also gave a recap that the budget is balanced in revenues over expenses in all funds. The general fund increased $2 million, or approximately 16 %. Council asked Mr. Harris to go over the added positions in the budget. He also briefed the increase in TMRS to 7 %, and the addition of equipment and rolling stock. Mr. Taylor mentioned that we would be selling $6 million in Bonds. Mr. Robert Brockman asked about the uniform line item. Mr. Harris added that the line item included bunker gear, work uniforms, and shirts. He also asked about the HR Clerk for 9 months and street sweeper as well as the bucket truck. He asked to have a good explanation about the effective tax rate. With comment from the public, the hearing was closed at 7:08 p.m. B) ORDINANCE: Discussion and action on an ordinance approving the fiscal year 2007 -2008 budget for the City of Schertz, Texas and declaring an emergency. (D. Harris) ORDINANCE NO. 07 -T -41 AN ORDINANCE APPROVING BUDGET FOR THE CITY DECLARING AN EMERGENCY. THE FISCAL YEAR 2007 -2008 OF SCHERTZ, TEXAS AND The motion was made by Councilmember Trayhan, and seconded by Councilmember Carpenter, to approve the 2007 -2008 budget. The motion carried 5 -0 and the vote was as follows: AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter NAYES: None. ACTION ITEMS: #9 ORDINANCE: Discussion and action on the final reading of an ordinance by the City of Schertz adopting the 2007 tax rate. (D. Harris) City Council Regular Meeting 331 9/25/2007 ORDINANCE NO. 07-T-42 AN ORDINANCE BY THE CITY OF SCHERTZ, TEXAS ADOPTING THE YEAR 2007 TAX RATE. The motion was made by Councilmember Carpenter, and seconded by Councilmember Trayhan; "I move that property taxes be increased by the adoption of a tax rate of $0.409 cents and adoption of an ordinance adopting the 2007 tax rate." The motion carried 5 -0 and the vote was as follows: AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter NAYES: None A motion was made by Councilmember Carpenter, and seconded by Councilmember Trayhan to consider amending the original motion in order to correct the tax rate because it was misstated in the original motion. The motion carried 5 -0 and the vote was as follows: AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter NAYES: None The motion was made by Councilmember Carpenter, and seconded by Councilmember Trayhan: "I move that property taxes be increased by the adoption of a tax rate of $0.409000 and adoption of an ordinance adopting the 2007 tax rate." The motion carried 5 -0 and the vote was as follows: AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter NAYES: None #10 ORDINANCE: Discussion and action on final reading of an Ordinance amending the Unified Development Code (UDC) Ordinance 96 -S -28 by rezoning 35.874+ acres out of the Miles S. Bennett Survey No. 75, Abstract No. 61, County Block 5057, Bexar County, Texas, Schertz, Texas to establish the initial zoning of Public Use District (PUB). (L. Truitt) ORDINANCE NO. 07-S-43 AN ORDINANCE BY THE CITY OF SCHERTZ, TEXAS AMENDING THE UNIFIED DEVELOPMENT CODE (UDC) ORDINANCE 96 -S -28 BY REZONING 35.874+ ACRES OUT OF THE MILES S. BENNETT SURVEY NO. 75, ABSTRACT NO. 61, COUNTY BLOCK 5057, BEXAR COUNTY, TEXAS, SCHERTZ, TEXAS TO ESTABLISH THE INITIAL ZONING OF PUBLIC USE DISTRICT (PUB). City Council Regular Meeting 332 9/25/2007 The motion was made by Councilmember Scagliola, and seconded by Councilmember Fowler, to approve the initial zoning of the PUB. The motion carried 4 -1 and the vote was as follows: AYES: Councilmembers Fowler, Scagliola, Trayhan, and Carpenter NAYES: Councilmember Wilenchik #11 Discussion and action on EMS write -offs. (D. Wait) The motion was made by Councilmember Trayhan, and seconded by Councilmember Scagliola to approve the EMS write -offs in the amount of $474,718.25. The motion carried 5 -0 and the vote was as follows: AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter NAYES: None #12 RESOLUTION: Discussion and action on a resolution authorizing a purchase and sale agreement with SBRF (Schertz Parkway Property) (J. Bierschwale) RESOLUTION NO. 07 -R -42 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING PURCHASE AND SALE AGREEMENT WITH SBRJ (SCHERTZ PARKWAY PROPERTY); AND OTHER MATTERS IN CONNECTION THEREWITH. The motion was made by Councilmember Fowler, and seconded by Councilmember Scagliola to approve the purchase and sale agreement with SBRF for $370,000. The motion carried 5 -0 and the vote was as follows: AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter NAYES: None #13 RESOLUTION: Discussion and action on a resolution authorizing a purchase and sale agreement with Frances Schoultz (Freeway Manor Property) (J. Bierschwale) RESOLUTION NO. 07-R-43 A RESOLUTION BY THE CITY OF COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PURCHASE AND SALE AGREEMENT WITH SCHOULTZ (FREEWAY MANOR PROPERTY); AND OTHER MATTERS IN CONNECTION THEREWITH. City Council Regular Meeting 333 9/25/2007 The motion was made by Councilmember Scagliola, and seconded by Councilmember Trayhan, to approve the purchase and sale agreement with Frances Schoultz. Purchase price was $3,000. The motion carved 5 -0 and the vote was as follows: AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter NAYES: None #14 Discussion and action to nominate a candidate to the Guadalupe County Appraisal District. (Mayor Baldwin) The motion was made by Councilmember Carpenter, and seconded by Councilmember Trayhan, to approve the nomination of Sylvia Schlather to the Guadalupe County Appraisal District. The motion carried 4 -0 and the vote was as follows: AYES: Councilmembers Fowler, Scagliola, Trayhan, and Carpenter ABSTAIN: Councilmember Wilenchik #15 Discussion and action to appoint members to the Schertz Youth Commission. (J. Jewell) The motion was made by Councilmember Carpenter, and seconded by Councilmember Trayhan, to appoint Michael Franklin and Shonique Freeman to the Schertz Youth Commission. The motion carried 5 -0 and the vote was as follows: AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter NAYES: None DISCUSSION ITEMS: #16 Discussion and update on road projects presented by Don McCrary & Pat Ramirez. Don McCrary gave a presentation on the Schertz Parkway project, which has been divided into three components: the Woodland Oaks and Dimrock project; the Rural Roads Phase I project; and the Rural Roads Phase II project. Pat Ramirez gave a presentation on the Doerr Lane reconstruction and Aviation Boulevard at the Cibolo Creek low water crossing. Mr. McCrary continued by updating Council on the Kramer Farms drainage project, and the proposed roadway and moving of the Kramer House to the location behind the Municipal Complex property. #17 EXECUTIVE SESSION: Called under Chapter 551 Texas Government Code, Sub - section 551.072 - Deliberation regarding Real Estate It was not necessary to hold an Executive Session. This item was removed from the agenda, as was Item # 18. City Council Regular Meeting 334 9/25/2007 #18 Action, if any on the subject of the above Executive Session. #19 Items by City Manager Taylor and Staff General Announcement Mr. Taylor discussed the Lakeview ACCD Community College and a proposal to bring their district to Schertz so SCUCISD students can attend as in- district students. #20 ADJOURNMENT. There being no further business, Mayor Baldwin adjourned the m9eting at 8:11 p.m. aldwfn, Mayor ATTEST: 21�.. Mary barr , 146firn City Secretary City Council Regular Meeting 335 9/25/2007