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04-08-2008 MINUTES REGULAR MEETING April 8, 2008 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on April 8, 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 David Harris Assistant City Manager John Bierschwale City Secretary Brenda Dennis 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 STATES AND STATE OF TEXAS. Council Member Fowler 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 announced the following: April 25, 2008 monthly Chamber Luncheon scheduled at noon at the Civic Center. April 21, 2008 the Chamber will is hosting a "Meet the Candidate Forum" scheduled for 7:00 p.m. at the Community Center. Chamber is developing a "Leadership Program" which will be a nine month program and at the end the Chamber will hold a graduation ceremony. . Gail Douglas, Library Director announced that not only is it the City's 50th Year Anniversary but also the Library will be celebrating their 30th Anniversary and during the month of April the Library is giving out pencils to patrons. Ms. Douglas presented Council with a pencil. Ms. Douglas also mentioned that Saturday the Library will be sponsoring a book sale. . Robert Brockman, 1000 Elbel Rd, mentioned that this Saturday, the Library will be hosting a sidewalk book sale, which will be held at 10:00 a.m. Mr. Brockman also mentioned the vandalism that occurred at the playscape. He stated he also was glad to see the two recycle bins that were at the Library. City Council Regular Meeting AprilS, 200S 137 . Council Member Wilenchik arrived at 6:45 p.m. ANNOUNCEMENTS Council General Announcements: Mayor Pro-Tem Trayhan . Mentioned he would be attending the April 10, 2008 TML Region VII meeting the city will be hosting. He also mentioned he would be attending the April 14, 2008 Schertz Housing Authority meeting at 6:30 p.m. Council Member Fowler . Mentioned that he and the Mayor recently helped sponsor the Plymouth Softball Team by winning the tournament at Olympic Hills. Council Member Scagliola . Mentioned he took time this past Saturday to visit the Community Fine Arts network, they sponsored a golf tournament at the Northcliff Golf Course. Council Member Wilenchik . Reminded everyone of upcoming TML Region VII meeting hosted by the City of Schertz. Council Member Carpenter . Mentioned he was unable to attend the Library Board meeting, but also mentioned that it is the 30th Anniversary of the Library. Council Member Carpenter mentioned he would like to see an item placed on a future agenda regarding adding a Parks & Recreation Foundation Board, with a Council liaison. Discussion regarding the activity and practice of maintaining Council liaisons to City boards, committees and commissions. Council concurred. Items by Mayor . Mentioned that they fielded a team for the Samuel Clemens high school girl's softball golf tournament that was held in Universal City and sponsored by Bexar Waste. Members of the team were himself, Michael Carpenter, Jim Fowler and a team ringer, the Mayors Grandson. Mayor stated they won the tournament. Mayor stated that he would like to reserve time at the end of the meeting to update the members regarding a recent meeting he attended with the Appraisal District regarding Section 11 housing information. PRESENTATION & DISCUSSION ITEMS . Presentation and Discussion: Consider a request from the Schertz Youth Soccer Alliance. (G. Logan) Mayor Baldwin recognized Parks & Recreation Director George Logan who introduced this item. Mr. Logan stated that the Parks & Recreation Advisory Board has reviewed this proposal and unanimously passed this to take to the City Council for consideration. Mr. Logan introduced Abe Parazo, President of the Lions Futball Club who then gave a brief PowerPoint presentation answering questions from Council. The Lions Futball team City Council Regular Meeting AprilS, 200S 138 presented the Council with a t-shirt as a token of their appreciation. Mr. Parazo introduced Ed Kenny, President of SA YSA T who came forward further addressing the Council regarding their desire of this proposal. Mayor Baldwin recognized David Brinkman, Member of the Lions Futball club who also came forward speaking on the need for more fields. Mayor Baldwin called for a briefrecess at 7:30 p.m. Mayor Baldwin called the meeting back to order at 7:45 p.m. REGULAR AGENDA 1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of April 1, 2008. Mayor Baldwin recognized Mayor Pro-Tern Trayhan who moved, seconded by Council Member Fowler to approve the minutes of April 1, 2008 with correction noted. Vote was unanimous. Motion Carried 2. Bid Award 08-PK-IO-A-02 - Consideration and/or action awarding a bid to YMCA of Greater San Antonio for a Swimming Pool Management Agreement. (G. Logan) Mayor Baldwin recognized Parks & Recreation Director George Logan who introduced this item answering questions from Council. Mr. Logan stated that upon recommendations from legal, he would like to bring this item back to Council at their next meeting. No action taken. 3. Ordinance No. 08-T-17 - Consideration and/or action regarding approval of final reading of an ordinance regarding budget adjustments. Final Reading (D. Harris) Mayor Baldwin recognized Assistant City Manager David Harris who introduced this item answering questions from Council. Council Member Wilenchik expressed his concern whether or not this ordinance violates the sprit and intent of the City Charter. Council Member Scagliola also expressed his concerns. Mayor Baldwin recognized Mayor Pro-Tern Trayhan who moved seconded by Council Member Fowler to approve Ordinance No. 08- T -17 final reading. The vote was 3-2-0 with Council Members Scagliola and Wilenchik voting no. Motion Carried 4. Ordinance No. 08-D-18 - Consideration and/or action approving an ordinance amending Section 86-115 of the Schertz Code of Ordinances revising maximum limits on specific streets and providing a repealing clause. (Baptist Health Drive) First Reading (8. Todd) Mayor Baldwin recognized Assistant Police Chief Beverly Todd who introduced this item answering questions from Council. Mayor Baldwin recognized Mayor Pro-Tern Trayhan who moved seconded by Council Member Carpenter to approve Ordinance No. 08-D-18 first reading. Vote was unanimous. Motion Carried PUBLIC HEARINGS AND ORDINANCE APPROVAL City Council Regular Meeting April 8, 2008 139 5. Ordinance No. 08-M-19 - ZC2008-003 - Conduct a public hearing and consideration and/or action on approval of first reading of an ordinance to change a street name for a portion of Ware-Seguin Road. First Reading (T. Rhodes) Mayor Baldwin recognized Thomas Rhodes, Planning and Zoning Director who introduced this item answering questions from Council. Mayor Baldwin opened the public hearing, as no one spoke; Mayor Baldwin closed the public hearing. Mayor Baldwin recognized Council Member Carpenter who moved, seconded by Mayor Pro-Tem Trayhan to approve Ordinance No. 08-M-19 first reading. Vote was unanimous. Motion Carried 6. Ordinance No. 08-S-20 - SUP2008-001 - Conduct a public hearing and consideration and/or action on approval of first reading of an ordinance for a Specific Use Permit to allow for residential uses on Lots 27-45, Block 3 - the future Schertz Forest Subdivision. First Reading (T. Rhodes) Mayor Baldwin recognized Thomas Rhodes, Planning and Zoning Director who introduced this item answering questions from Council. Mayor Baldwin opened the public hearing and recognized Mr. Brockman, 1000 Elbel Road, who addressed Council regarding sidewalks, as no one else spoke; Mayor Baldwin closed the public hearing. Mayor Baldwin recognized Mayor Pro-Tern Trayhan who moved, seconded by Council Member Scagliola to approve Ordinance No. 08-S-20 first reading. Vote was 4-1-0 with Council Member Fowler voting no. Motion Carried 7. Ordinance No. 08-H-16 - Conduct a Public hearing and consideration and/or action on approving an Ordinance of the City of Schertz, Texas providing that the Code of Ordinances, for the City of Schertz, Texas, Chapter 54, Nuisances, be amended by deleting Chapter 54, Nuisances and replacing same with a revised Chapter 54, Nuisances; providing a penalty clause; providing servability clause; providing a repealing clause; and providing an effective date. First Reading (L. Truitt) Mayor Baldwin recognized Director of Development Services Leonard Truitt who introduced this item answering questions from Council. Council Members discussed the following: Define Recreation Vehicle/RV/Motor Home - Restrict Class (identify) define Class Discussed junk vehicles, eliminate cover, include screen definitions City Council Regular Meeting AprilS, 200S 140 Mayor Baldwin opened the public hearing and recognized Mr. Brockman, 1001 Elbel who expressed his concerns regarding junk vehicles, prohibit parking RV's , as no one else spoke; Mayor Baldwin closed the public hearing. Mayor Baldwin recognized Council Member Wilenchik who moved, seconded by Mayor Pro-Tern Trayhan to approve Ordinance No. 08-H-16 first reading with the following changes: to include definitions of a Recreation/Motor Vehicle (defining class), changing paragraph 54 34 C by placing a period after fence and deleting the next two sentences regarding covers. Vote was unanimous. Motion Carried ANNOUNCEMENTS - ITEMS BY CITY MANAGER TAYLOR AND STAFF Mayor Baldwin recognized Assistant City Manager David Harris who reminded everyone of April 10,2008 TML Region VII dinner which starts at 6:00 p.m. Mayor Baldwin stated that he, the City Manager and George Antuna recently attended the Appraisal District's review of the housing project on FM 3009, the Review Board turned down their request for Section 11 housing and briefly went over details. Mayor stated that Mayors and Councils within the area need to lobby in Austin regarding the details of who will pay the remaining amounts of the rents. Legislation seems to keep imposing more unfunded mandates on cities. Mayor Baldwin adjourned the Regular Session into Executive Session at 8:50 p.m. EXECUTIVE SESSION Called under Section 551.071 Litigation; Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange, sale, lease, or value of real property and Section 551.074 - Deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of the City Engineer. Mayor Baldwin reconvened the Regular Session out of Executive Session at 9:19 p.m. RECONVENE TO REGULAR SESSION 8. Take any action deemed necessary as a result ofthe Executive Session. Mayor Baldwin recognized Council Member Fowler who moved, seconded by Council Member Scagliola to approve the sale and purchase contract for the acquisition of one (1) lot in the Live Oak Hills Subdivision, at a cost of $3,000 with: Lynda Kathryn Frith. Vote was unanimous. Motion Carried ADJOURNMENT As there was no further action, Mayor BaldW;.z Zting at 9:21 p.m. ~ ) Hal Baldwin, Mayor City Council Regular Meeting AprilS,200S 141 /" / City Council Regular Meeting April 8, 2008 142