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11-13-2007 MINUTES REGULAR SESSION NOVEMBER 13, 2007 The Schertz City Council convened in Regular Session on Tuesday, November 13, 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-Tern David Scagliola, and Council members Jim Fowler, John Trayhan, Tony Wilenchik and Michael Carpenter. Also present were: City Manager Don Taylor, Assistant City Manager John Bierschwale, City Attorney Michael Spain and Interim City Secretary Mary Ybarra. #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. Frances Rushing, President of the Schertz Chamber of Commerce: . Ribbon cutting for Dr. Dilworth's office on Baptist Health Drive on Thursday at 5:30 p.m. . Chamber luncheon of November 30th will have a presentation on tax laws by Shirley Bennett of Barret, Cooper and Associates. . Festival of Angels event is well underway. . Every Day Construction became a new chamber member. #4 Items by Council. Mayor Pro-Tern Scagliola . Holiday Lockup was today from 9 a. m. to 4 p.m. and wants to thank everyone that helped with the event. Every year it's a great success. . Attended the TML Conference-November 6-9, 2007, and the seminars were great. The City's booth was a great success and would like to commend everyone involved. . Inquired on status of Parkland Dedication fees. Is this item coming forward to Council? Councilmember Fowler: . Was not available for comment. . Arrived at 6:45 p.m. City Council Regular Meeting 11/13/2007 31 Councilmember Trayhan: · Reiterated comments made on the success of the City booth at TML. · Schertz Housing Authority is scheduled to meet Monday, December loth. Councilmernber Wilenchik: . The City booth at TML was a great success. Everyone involved demonstrated pride and professionalism. Councilmember Carpenter: · Attended Library Board meeting and reported the library is doing well on collecting revenues. · Inquired on status of the UDC codification. #5 Items by Mayor · Schertz personnel did an outstanding job; the City booth at TML was a great success. · Would like to schedule an interview with applicant to fill the vacancy of the City Secretary's position. One applicant seems to carryall the qualifications as well as experience. #6 INTRODUCTION: New Employee-Purchasing Department Kim Lewinski, Purchasing Department, read a short biography on new employee Jerry McFarland. Jerry comes to the City with an excellent purchasing background. THE REQUEST REGARDING ITEMS #7 AND #8 WAS WITHDRAWN BY THE REPRESENTATIVE AT THE OCTOBER 24,2007, PLANNING AND ZONING MEETING. #7 PUBLIC HEARING: A public hearing to consider a request to rezone 8.492+ acres from Single-Family Residential-7 (R-7) to General Business District (GB). The property is located at the southeast corner of Maske Road and Schertz Parkway. No action will be necessary on this item. ACTION ITEMS: #8 ORDINANCE: Discussion and action on first reading of an ordinance to rezone 8.492+ acres from Single-Family Residential-7 (R-7) to General Business District (GB). The property is located at the southeast corner of Maske Road and Schertz Parkway. No action will be necessary on this item. City Council Regular Meeting 11/13/2007 32 #9 MINUTES: Approval of minutes, Regular Session Meeting October 30, 2007. Councilmembers Trayhan and Wilenchik pointed out corrections to the minutes of October 30, 2007. The motion was made by Councilmember Trayhan, and seconded by Councilmember Carpenter, to approve the minutes of the regular session meeting of October 30, 2007 as corrected. The motion carried 5-0 and the vote was as follows: AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter. NA YES: None. #10 RESOLUTION: Discussion and action on a resolution by City Council of the City of Schertz, Texas removing, appointing, and reappointing directors to the Schertz/Seguin Local Government Corporation, and related matters. RESOLUTION NO. 07-R-48 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS REMOVING, APPOINTING, AND REAPPOINTING DIRECTORS TO THE SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORA TION, AND RELATED MATTERS. The motion was made by Councilmember Wilenchik, and seconded by Councilmember Trayhan, to approve a resolution by City Council of the City of Schertz, Texas removing, Appointing, and reappointing directors to the Schertz/Seguin Local Government Corporation, and related matters. The motion carried 5-0 and the vote was as follows: AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter. NA YES: None. Mayor Baldwin introduced Patricia Ramirez, new appointee to the Schertz/Seguin Local Government Corporation. #11 RESOLUTON: Discussion and action on a resolution to initiate annexation of Lookout Road. Assistant City Manager David Harris provided a brief description of the proposed annexation property. Mr. Spain explained the timeline and the need to call a special meeting to meet the requirements of the annexation process. It was Council consensus to hold a special meeting on December 20, 2007 as outlined in the timeline. City Council Regular Meeting 11/13/2007 33 RESOLUTION NO. 07-R-49 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AND DIRECTING THE HOLDING OF A PUBLIC HEARING FOR THE PROPOSED ANNEXATION OF ONE PROPERTY INTO THE CITY OF SCHERTZ, THE PUBLICATION OF NOTICE OF THAT PUBLIC HEARING, PREPARATION BY THE PLANNING DEPARTMENT OF A SERVICE PLAN FOR THE PROPERTY, GIVING OF A WRITTEN NOTICE OF INTENT TO ANNEX, AND RELATED MATTERS. The motion was made by Mayor Pro-Tern Scagliola, and seconded by Councilmember Trayhan, to approve a resolution authorizing and directing the holding of a public hearing for the proposed annexation of one property into the City of Schertz, the publication of notice of that public hearing, preparation by the planning department of a service plan for the property, giving of a written notice of intent to annex, and related matters. The motion carried 5-0 and the vote was as follows: A YES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter. NA YES: None. #12 Discussion and action on Austin-San Antonio Commuter Rail District. Mr. Antuna introduced representatives from the ASA Commuter Rail District. They are here this evening to answer questions and address concerns. After a question and answer session regarding advantages and disadvantages relative to commuter rail, there was still some opposition among the Council. City staff, Economic Development President Steve White and Planning and Zoning Chairman David Richmond expressed their support. They believe the benefits out weigh the costs and said we should take a position, or chance, and put Schertz out the table. They felt that if the City doesn't move forward, the land for development will be gone and the opportunity as well. Research will take place on possible funding by the Economic Development Corporation. The approval this evening is for the City to have a seat on the board on a year-to-year basis, and decision will be made each year as to whether the City wants to continue. The motion was made by Councilmember Trayhan, and seconded by Mayor Pro-tern Scagliola, to authorize the City of Schertz to participate on the board of the Austin-San Antonio Commuter Rail District, and to appoint Mayor Baldwin as representative for the City of Schertz. The motion carried 5-0 and the vote was as follows: AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik, Carpenter. NA YES: None City Council Regular Meeting 11/13/2007 34 #13 Discussion and action on amending the City Charter. After discussion on amending the City Charter it was Council's consensus to have Councilmembers Wilenchik and Carpenter review the Charter and come back with their recommendations. #14 EXECUTIVE SESSION: Called under Chapter 551 Texas Government Code, Sub-Section 551.072 - Deliberation Regarding Real Property, Sub- Section 551.074 (a) (2)-Personnel Maters-to hear a complaint or charge against the Chief of Police. Council adjourned into executive session at 8: 17 p.m. The Mayor reconvened the meeting into regular session at 8:58 p.m. #15 Action, if any on the subject of the above Executive Session. No action was necessary. #16 Items by City Manager Taylor and Staff . Mr. Taylor referenced the State Legislator regarding red light cameras and the allocation of funds. . Mr. Harris reported lights out at Schertz Parkway and Maske Road, and Schertz Parkway and Ashley Place. Public Works plans to have them operating by next week. #17 ADJOURNMENT. Mayor Baldwin adjourned the meeting at 9:01 p.m. (;zi/LcL~ Hal Baldwin, Mayor ATTEST: City Council Regular Meeting 11/13/2007 35