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02-26-2008 MINUTES WORK SESSION AND REGULAR MEETING FEBRUARY 26, 2008 A Work Session was held by the Schertz City Council in the Municipal Complex Conference Room at 5 :30 p.m. and a Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on February 26, 2008, at 6:30 p.m., in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present, to-wit: Mayor Hal Baldwin Council Member David Scagliola Council Member Tony Wilenchik Mayor Pro-Tern John Trayhan Council Member Jim Fowler Council Member Michael Carpenter Staff Present: City Manager Don Taylor Assistant City Manager John Bierschwale Assistant City Manager David Harris City Secretary Brenda Dennis WORK SESSION . Work Session with City Council regarding Granicus, Inc. Software. CALL TO ORDER Mayor Baldwin called the Work Session to order at 5:33 p.m. Mayor Baldwin recognized Mr. Tom Spengler with Granicus, Inc., who gave a software demonstration showing the details of video streaming, media manager, minute maker and other capabilities of this software answering questions from Council and Staff. ADJOURNMENT Mayor Baldwin adjourned the Work Session at 6: 15 p.m. CALL TO ORDER REGULAR MEETING Mayor Baldwin called the meeting to order at 6:30 p.m. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED ST A TES AND ST ATE OF TEXAS. Council Member Carpenter gave the Invocation followed by the Pledges of Allegiance to the Flags of the United States and State of Texas. Council Member Fowler arrived at 6:40 p.m. Council Regular Session February 26, 2008 108 HEARING OF RESIDENTS Mayor Baldwin recognized the following: . Frances Rushing, President of the Schertz Chamber of Commerce who provided updates on the Chamber's upcoming events. Ms. Rushing thanked the Mayor and Council Member Scagliola who attended the ribbon cutting today. Ms. Rushing also reminded everyone of the Chamber luncheon scheduled for 11 :30 a.m. this Friday at the Civic Center. Ms. Rushing mentioned an upcoming open house for Operation Homefront Village which will be at 9:30 a.m. on March 18, 2008 in San Antonio. . Robert Brockman, 1000 Ebel, who spoke regarding, P.I.D's, Section 11 housing, tree planting and the upcoming Library ground breaking scheduled for February 29, 2008. . Ken Greenwald, 205 Westchester Drive, who provided an update on the Schertz Seguin Local Government Corporation. . William Wilson, 104 Church Street, who spoke on concerns of sanitation problems regarding the property due south from him. He mentioned that this has been an ongoing problem and is unsure as to who owns the property but believes the city has gone out several times to clean it up. He asked that Mayor, Council and staff look into this property for the ownership. ANNOUNCEMENTS Council General Announcements: .~ Mayor Pro-Tern Trayhan . None Council Member Fowler . Announced he attended an open house Saturday at the new Randolph Brooks Federal Credit Union on FM 1103. . Announced that the Parks and Recreation Committee meeting was canceled last week due to lack of quorum. Council Member Scagliola . Announced he attended the ribbon cutting today at Party Station on FM 3009. . Announced that he also attended the open house Saturday at the new Randolph Brooks Federal Credit Union. . Announced that he had voted and reminded everyone to exercise their right and vote. Council Member Wilenchik . Attended the Commissioners Court meeting February 26, 2008 and one of the items passed was the Sanitary Sewer Easement with Schertz. . Mentioned that this evening the Council was given a software demonstration, one item that came up was the need for staff to amend their retention schedule for keeping the City Council meeting DVD's and asked that an item be placed on an agenda to do so. ~ Council Regular Session February 26, 2008 109 " Council Member Carpenter . Thanked the Code Compliance department for allowing Council Members Scagliola and Carpenter to ride with them during last Friday's inspections. . Announced the upcoming February 29, 2008 Library Ground Breaking scheduled for 9:00 a.m. . Thanked Ken Greenwald and Ramon Cook for their involvement in increasing water right efforts and stating that the City of Schertz is the envy of other cities that are dependent on the Edwards Aquifer. Items by Mayor . Thanked the Public Works department for addressing the handicap parking issue on FM 78. . Asked the Council if an item could be placed on the next agenda to consider a sister city project with Riedisheim, France in honor of the City of Schertz 50th Anniversary Celebration and that Mr. Dean Wiertz with the Historical Preservation Commission will present the idea showing photos recently taken. REGULAR AGENDA 1. Minutes - Consideration and/or action regarding the approval of the minutes of the regular meeting of February 19,2008. Mayor Baldwin recognized Mayor Pro-Tern Trayhan who moved, seconded by Council Member Scagliola to approve the minutes of February 19, 2008. Vote was unanimous. Motion Carried 2. Resolution No. R-08-10 - Consideration and/or action on approval of Resolution No. R -08-10 to execute a Cable Television Franchise Management Services Agreement. (B. Gildea) Mayor Baldwin recognized Brad Gildea, Special Projects Coordinator who introduced this item answering questions from Council. Council asked that this item be brought back for consideration with a budget amendment. No action taken on this item. 3. Ordinance No. 08- T -09 - Consideration and/or action on final reading of Ordinance No. 08-T-09 on amending Ordinance No. 05-T-22 relating to the tax abatement for MMIC Schertz MOB, LLC. Final Reading (J. Jewell) Mayor recognized Jeff Jewell, Economic Development Specialist who introduced this item. Mr. Jewell stated that there had not been any changes to this item as presented last week. Mayor Baldwin recognized Council Member Fowler who moved, seconded by Mayor Pro-Tern Trayhan to approve Ordinance No. 08-T-09 on final reading granting the tax abatement with MMIC Schertz MOB, LLC. Vote was unanimous. Motion Carried Council Regular Session February 26, 2008 110 4. Ordinance 08-M-08 - Consideration and/or action on final reading of Ordinance No. 08- M-08 on approving an ordinance concerning regulation of graffiti in the City of Schertz. Final Reading (L. Truitt) Mayor recognized Leonard Truitt, Development Services Director who introduced this item. Mr. Truitt stated that there had not been any changes to this item as presented last week. Mayor Baldwin recognized Mayor Pro-Tern Trayhan who moved, seconded by Council Member Scagliola to approve Ordinance No. 08-M-08 on final reading concerning regulation of graffiti in the City of Schertz. Vote was unanimous. Motion Carried PUBLIC HEARINGS AND ORDINANCE APPROVAL 5. Ordinance No. 08-S-12 - ZC2008-021 - Conduct a public hearing and consideration and/or action on approval of first reading of an ordinance for three (3) street name changes; Lookout Road, Associate Drive and Enterprise A venue. First Reading (M. Nichols) Mayor Baldwin introduced Misty Nichols, Planner II who introduced this item answering questions from Council. Mayor Baldwin opened the public hearing and recognized the following who spoke: . Robert Brockman, 1000 Elbel . Ken Greenwald, 205 Westchester Drive ~. Mayor Baldwin closed the public hearing asking for comments from Council. Council Members discussed this item with staff answering questions. Mayor Pro-Tern Trayhan pointed out a correction in the ordinance and asked staff to correct this for final reading. Mayor Baldwin recognized Council Member Carpenter who moved, seconded by Council Member Wilenchik to approve Ordinance No. 08-S-12 on first reading with cOlTection noted to the ordinance. Vote was unanimous. Motion Carried 6. Ordinance No. 08-S-13 - Conduct a public hearing and consideration and/or action on approval of first reading of an ordinance amending the Unified Development Code (UDC) Ordinance 96-S-28, as amended by granting a Zoning of Single-Family Residential-7 District (R-7) and General Business District (GB) for 194.56::1:: acre tract of land generally located at the southeast corner of Froboese Road and Eckhardt Road being 2,900::1:: feet south of IH-35 on Eckhardt Road. First Reading (M. Nichols) Mayor Baldwin introduced Misty Nichols, Planner II who introduced this item answering questions from Council. Ms. Nichols introduced Donald Griffin, Developer of this project who came forward further answering questions from Council. Mr. Griffin expressed his desire to provide the city with a community swimming pool and pavilion and is working with George Logan on parks and trails. ~ Council Regular Session February 26, 2008 111 Mayor Baldwin opened the public hearing and recognized the following who spoke: . Ronald Shod, 1300 Engel Road . Robert Brockman, 1000 Elbel Mayor Baldwin closed the public hearing asking for comments from Council. Mayor and Council Members discussed this item in great detail expressing the following concerns: . Width of Eckhardt Road and Froboese Road . Drainage . Flooding . Number of dwelling units . Community gathering center . Concerns on the 86 foot right-of-way . Staging detention pond Mayor Baldwin recognized Council Member Carpenter who moved, seconded by Mayor Pro- Tem Trayhan to approve Ordinance No. 08-S-13 first reading with cOlTection noted to the ordinance. Vote was 4/1/0 with Council Member Wilenchik voting no. Motion Carried DISCUSSION ITEMS 7. Ordinance No. 08-F -10 - Consideration and/or action approving an ordinance revising the rates for Bexar Waste. Discussion (1. Bierschwale) Mayor Baldwin recognized John Bierschwale, Assistant City Manager who introduced this item. He stated that no changes had been made since the last Council meeting. No action taken. 8 Discussion on Ordinance approval process by Council - Discussion regarding the approval process for adopting Ordinances by Council. (M. Carpenter) Mayor Baldwin recognized Council Member Carpenter who introduced this item. Mr. Carpenter requested this item be placed on the agenda for discussion. He recognizes the possibility that Council may consider discussion and final reading of an ordinance at second reading. He stated that Council's current practice was to have three meetings on an item. He believes it would be possible to have a first reading and at the next council meeting have discussion and approval of final reading. Mr. Carpenter stated that if Council did not want to approve an item at that time, Council would then have the option to move the item to the next Council meeting for final approval. Council Members discussed this process in detail and asked that staff bring an item for action to their next meeting. Council Regular Session February 26, 2008 112 9. General Announcements: Items by City Manager Taylor and Staff · City Manager Don Taylor announced the following reorganizations in the City that have recently been done: · Leonard Truitt had been moved out of the Planning and Zoning, BOA Department and that Thomas Rhodes and Misty Nichols would be handling this department reporting directly to Assistant City Manager David Harris. · Brad Gildea had taken over the IT and GIS Departments · George Logan had taken over the Parks and Recreation Department · Gail Douglas will stay in the Library Department and take on grant writing for the City. EXECUTIVE SESSION Called Under Section 551.071 and 551.072 Texas Government Code - Deliberation regarding pending and/or contemplated litigation and deliberation regarding the purchase, exchange, sale, lease, or value of real property. Mayor Baldwin adjourned the Regular Session into Executive Session at 7:40 p.m. RECONVENE TO REGULAR SESSION Mayor Baldwin reconvened the Regular Session out of Executive Session at 9: 10 p.m. /~. Council Member Wilenchik left the meeting at 9:10 p.m. 10. Take any action deemed necessary as a result of the Executive Session. Mayor Baldwin recognized Mayor Pro-Tern Trayhan who moved, seconded by Council Member Scagliola to approve the sale and purchase contracts for the acquisition of four lots in the Live Oak Hills Subdivision, each at a cost of $3,000 with: William and Darlene Goff, Robert Stein, Oscar Gonzales and Richard and Rose Marie Smalley. Vote was unanimous. Motion Carried Mayor Baldwin recognized Council Member Scagliola who moved, seconded by Council Member Fowler to approve a full and final release settlement agreement in the Schwab Road condemnation case (Schertz v. Susan Seekatz and Adeliheid Reeh, each individually and as Co-Executors of the Estate of Alice Schaefer), including payment of $375,000, agreement to maintain "Old Schwab Road" for a period of not less than ten years, and agreement by the City Manager not to recommend abandonment of such road during such period, in exchange for dismissal of the lawsuit, and complete release by all parties of claims under or relating to the lawsuit. Vote was unanimous. Motion Carried ,...--... ~. Council Regular Session February 26, 2008 113 til . ADJOURNMENT As there was no further action, Mayor Baldwin adjourned e meeting at 9: 12 p.m. ~;Zd~ Hal Baldwin, Mayor ATTEST: Council Regular Session February 26, 2008 114 ~ . ~ 1 I