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03-04-2008 MINUTES REGULAR MEETING March 4, 2008 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on March 4, 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 CALL TO ORDER REGULAR MEETING Mayor Baldwin called the meeting to order at 6:30 p.m. Mayor announced that it was Council Member Carpenters birthday today. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND STATE 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. 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. Business Appreciation Dinner March 14 - Civic Center - 7 p.m. Invitations have gone out -RSVP's coming in large volumes. Invitations are in front of each of you and were delivered to Brenda Dennis today to distribute to City Department Heads. Steve Simonson's Award - judging ends Friday, award will be presented at March 28,2008 luncheon. Thanked Mayor, Councilman Scagliola & Fowler for attending the monthly luncheon. Attended meeting today at SCUCISD regarding the formation of a SCUC Education Foundation. The Steering Committee voted on the initial round of Board of Directors, Frances stated she has agreed to serve. . David Richmond, Schertz Planning & Zoning Commission Thanked Henry Gutierrez with Bexar Waste for the street clean up issue. City Council Regular Meeting March 4, 2008 115 Spoke about a news broadcast on ABC regarding grackles and their issues of solving the grackle problem. Question on the property on FM 3009 if it was section 11 or section 8 housing. . Robert Brockman, 1000 Elbel Road spoke on TxDot funds regarding the bridge on 3009. PRESENTATION . Public Works Bond Project Presentation (B. Gildea) Mayor Baldwin recognized Brad Gildea, Special Projects Coordinator who gave a brief PowerPoint presentation on the Public Works Bond Projects Interactive program regarding current projects within the City of Schertz and answered questions from Council. Mr. Gildea stated that this will be launched on the City's website next week for the citizens. ANNOUNCEMENTS Council General Announcements: Mayor Pro- Tem Trayhan . Announced the upcoming Schertz Housing Authority meeting March 10, 2008. Council Member Fowler . Announced he attended an EDC meeting last week. Council Member Scagliola . Announced he attended the Library ground breaking ceremony last Friday. . Announced he would be attending the TSAC meeting March 6, 2008 at 5:30 p.m. Council Member Wilenchik . Attended the Commissioners Court meeting March 4,2008. . Announced he attended a TML BOA conference meeting in Austin last Thursday and Friday. . Announced that the City of Schertz will be hosting the April 10, 2008 Region VII meeting which will be held at the Civic Center. He stated that this is a great opportunity to showcase the City of Schertz. Major General Lessel with Randolph Air Force Base will be the guest speaker. Council Member Carpenter . Attended the Planning & Zoning meeting last week. . Announced that the Library Board meeting had been rescheduled to next week. Items by Mayor . Read a letter from Randolph Area Christian Assistance Program (RECAP) inviting everyone to add Sunday, April 27, 2008, 2:30 p.m. to their calendar. RECAP will be celebrating their 25th . anmversary. City Council Regular Meeting March 4, 2008 116 . Reminded Council and Citizens of the Deer Haven street improvement meeting Wednesday March 5, 2008 at 6:00 p.m. here in the Council Chambers. REGULAR AGENDA 1. Minutes - Consideration and/or action regarding the approval of the minutes of the regular meeting of February 26,2008. Mayor Baldwin recognized Mayor Pro-Tern Trayhan who moved, seconded by Council Member Carpenter to approve the minutes of February 26, 2008. Vote was unanimous. Motion Carried 2. Ordinance No. 08-F-IO - Consideration and/or action on final approval an ordinance revising the rates for Bexar Waste. Final Reading (J. Bierschwale) Mayor Baldwin recognized John Bierschwale, Assistant City Manager who introduced this item answering questions from Council. Mayor Baldwin recognized Mayor Pro-Tern Trayhan who moved, seconded by Carpenter to approve Ordinance No. 08-F-10 final reading and add a penalty clause as requested by staff. Final Reading Vote was unanimous. Motion Carried 3. Ordinance No. 08-T-14 - Consideration and/or action approving an ordinance repealing Tax Abatement 05-T-34 and Tax Abatement agreement for and with Tri-County Parkway Ltd., and establishing a new Tax Abatement Ordinance and Tax abatement by the City Council with Prologis. First Reading (1. Jewell) Mayor Baldwin recognized Jeff Jewell, Economic Development Specialist who introduced this item answering questions from Council. Mayor Baldwin recognized Council Member Fowler who moved, seconded by Council Member Scagliola to approve Ordinance No. 08- T -14 granting the transfer of the tax abatement. First Reading Vote was unanimous. Motion Carried 4. Ordinance No. 08-T-15 - Consideration and/or action approving an ordinance repealing Tax Abatement 04-T-39 and Tax Abatement agreement for and with 6413 Tri-County Parkway Ltd., and establishing a new Tax Abatement Ordinance and Tax Abatement by the City Council with Prologis. First Reading (1. Jewell) Mayor Baldwin recognized Jeff Jewell, Economic Development Specialist who introduced this item answering questions from Council. Mayor Baldwin recognized Council Member Scagliola who moved, seconded by Mayor Pro-Tern Trayhan to approve Ordinance No. 08- T -15 granting the transfer of the tax abatement. First Reading Vote was unanimous. Motion Carried 5. Resolution No. 08-R-ll - Consideration and/or action regarding authorizing the exploration of the creation of a sister-city relationship with a designated community in the Province of Alsace-Lorraine, France. (D. Wiertz/Mayor Baldwin) City Council Regular Meeting March 4, 2008 117 Mayor Baldwin mentioned that at the last Council meeting he asked that this item be placed on the agenda for Council consideration. Mayor Baldwin recognized Dean Weirtz of the Historical Preservation Committee who came forward providing information and photos on Riedisheim France. Mr. Weirtz strongly encouraged establishing a sister-city relationship. Mayor Baldwin concurred explaining this would be an exciting event for the two Cities and the City of Schertz 50th Anniversary Celebration. Mayor Baldwin stated that he would be sending a letter out soon to the Mayor of Riedisheim France. Mayor Baldwin recognized Council Member Scagliola who moved, seconded by Mayor Pro- Tern Trayhan to approve Resolution No. 08-R-l1. Vote was unanimous. Motion Carried 6. Ordinance Approval Process - Consideration and/or action regarding setting guidelines for the approval process of adopting Ordinances by Council. (J. Bierschwale) Mayor Baldwin recognized John Bierschwale, Assistant City Manager who introduced this item answering questions from Council. Council Members discussed the pros and cons of allowing staff to bring back an item for discussion and possible final action at the next following meeting instead of having an extra week as a separate discussion. Mayor Baldwin recognized Carpenter who moved, seconded by Mayor Pro-Tern Trayhan for it to be the policy of the Council that Ordinance passed be made available for second and final reading at their next regular meeting. Vote was 3/2/0 with Council Members Scagliola and Wilenchik voting no. Motion Carried 7. Ordinance No. 08-S-12 - ZC2008-021 - Consideration and/or action on approval of final reading of an ordinance for three (3) street name changes: Lookout Road, Associate Drive and Enterprise Avenue. Final Reading (f. Rhodes) Mayor Baldwin recognized Thomas Rhodes, Planning Manager who introduced this item answering questions from Council. Mayor Baldwin recognized Mayor Pro Tem-Trayhan who moved, seconded by Council Member Scagliola to approve Ordinance No. 08-S-12 final reading. Vote was unanimous. Motion Carried 8. Ordinance No. 08-S-13 - Consideration and/or action on approval of final 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 comer of Froboese Road and Eckhardt Road being 2,900:1:feet south of IH-35 on Eckhardt Road. Final Reading (T. Rhodes) Mayor Baldwin recognized Thomas Rhodes, Planning Manager who introduced this item answering questions from Council. Items of concern were: amount of homes in the proposed area, low percentage of open space, percentage of usable dedicated parkland space, lot sizes, concern if this was the best use for this area, as well as traffic congestion. After considerable discussion, Mayor Baldwin recognized Council Member Wilenchik City Council Regular Meeting March 4, 2008 118 who moved, seconded by Council Member Scagliola to disapprove R-7 Zoning for this subdivision. Vote for disapproval was 3/2/0 with Council Members Wilenchik, Fowler, Scagliola voting for disapproval and Mayor Pro-tem Trayhan and Council Member Carpenter voting no. Motion Carried BOARDS/COMMISSIONS 9. Appointment/Reappointment to Boards and Commissions/Committees Consideration and/or action regarding appointments/reappointments to Boards and Commission/Committees. . Samantha "Samm" Henness - Parks & Recreation Advisory Board . Deedy Wright - Parks & Recreation Advisory Board . Diana Graben - 50th Anniversary Committee Mayor Baldwin recognized Mayor Pro-Tern Trayhan who moved seconded by Council Member Scagliola to appoint Samm Henness and Deedy Wright to the Parks & Recreation Advisory Board and to appoint Diana Graben to the 50th Anniversary Committee. Vote was unanimous. Motion Carried 10. General Announcements: Items by City Managef Taylor and Staff . City Manager Don Taylor Stated a correction needed to be made that the Council will not be meeting in executive session to discuss his evaluation. EXECUTIVE SESSION Called Under Section 551.071 and 551.072 Texas Government Code - Deliberation regarding pending and/or contemplated litigation and deliberation fegarding the purchase, exchange, sale, lease, Of value of real property. Mayor Baldwin adjourned the Regular Session into Executive Session at 7:50 p.m. RECONVENE TO REGULAR SESSION Mayor Baldwin reconvened the Regular Session out of Executive Session at 8:11 p.m. 11. 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 Wilenchik to approve the sale and purchase contracts for the acquisition of three lots in the Live Oak Hills Subdivision, each at a cost of $3,000 with: Alto Eva Frye, by and through her agent and attorney in fact, LaNell Bartlett; and Charles and Sharon Eddleman. Vote was unanimous. Motion Carried City Council Regular Meeting March 4, 2008 119 ADJOURNMENT As there was no further action, Mayor Baldwin adjourned the meeting at 8: 12 p.m. ATTEST: ~,,>t\O.. C \lJ)\\lni f:l Brenda Denms, TRMC, CMC CIty Secretary City Council Regular Meeting March 4, 2008 qL;~ Hal Baldwin, Mayor 120