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04-22-2008 MINUTES REGULAR MEETING April 22, 2008 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on April 22, 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 City Secretary Brenda Dennis Assistant City Manager David 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 Carpenter gave the Invocation followed by the Pledges of Allegiance to the Flags of the United States and State of Texas. Mayor Baldwin stated that Council Member Wilenchik and Council Member Fowler would be running late. HEARING OF RESIDENTS Mayor Baldwin recognized the following: . Mr. Emery Kelly, 2539 Chasefield Drive spoke on joining the Youth Soccer Associations. . Mr. Ed Azzoz "Grumpy" 528 Wayward spoke on the need not to make changes to the current City Council and Mayoral positions, thanking them for everything they do for the city. He also stated that when the City plans its open house for the new Library that his business would furnish the refreshments, just to let him know in advance. . Ms. Jan Wilson, 5218 Cabana Drive who spoke on the July 4th Jubilee regarding charging citizens for attending the event. . Mr. Daniel Aguilar, 5301 Cabana Drive and Ms. Rosemary Grayson 5213 Cabana Drive who spoke regarding concerns for the future of Mobile Villa Estates. . Mr. Robert Brockman 1000 Elbel spoke on parking at the Civic Center Complex. . Ms. Barbara Mansfield Gonzales, 1012 Antler Drive spoke on the proposed widening of Antler and Fawn Drive. . Ms. Frances Rushing, President of the Schertz Chamber announced the following: Hosted the "Meet the Candidate Forum" Monday, April 21 st. Thanked the City Manager his assistance with the July 4th Jubilee issues. City Council Regular Meeting 151 April 22, 2008 Reminded everyone of the Monthly Chamber Luncheon, which is friday, April 25th at noon. Ms. Rushing read a letter from a 5th grade student from Duluth Georgia. Council Member Wilenchik arrived at 6:45 p.m. ANNOUNCEMENTS Council General Announcements: Mayor Pro-Tem Trayhan . None. Council Member Fowler . Was not in attendance at this time. Council Member Scagliola . Mentioned he attended the Military appreciation day celebration hosted by Chase Bank on Saturday. Attended a "Meet the candidate and Pot Luck" with the residents of Mobil Villa Estates on Sunday in the subdivision, and attended the "Meet the Candidate Forum" on Monday which was hosted by the Chamber. He also gave a brief update on Fawn and Antler Drive. Council Member Wilenchik . Mentioned that he also attended the Military appreciation day celebration which was hosted by Chase Bank on Saturday, as well as the "Meet the Candidate Forum." Requested an item be placed on the next agenda to discuss compensation for Council. Council Member Carpenter . None. Items by Mayor . Mentioned that he attended all the above events as well. Mayor Baldwin recognized City Manager Don Taylor who provided an update on Assistant City Manager John Bierschwale. PRESENTATION . Presentation and consideration and/or action regarding the Certified Annual financial Statement FY 2006-2007. City Council Regular Meeting April 22, 2008 152 Mayor Baldwin recognized Fred Timmons with Thompson, Williams, Biediger, Kastor and Young L.L.c. who came forward going over the draft report answering questions from Council. After much discussion, Council Members discussed the need for this item to be brought back at a special meeting which would include a final corrected report. City Council Members discussed having a special meeting Monday, April 29, 2008 at 5:30 p.m. to approve and accept the report. City Council directed staff to post the meeting accordingly. REGULAR AGENDA 1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of April 15, 2008. Mayor Baldwin recognized Mayor Pro-Tern Trayhan who moved, seconded by Council Member Scagliola to approve the minutes of April 15, 2008. Vote was unanimous. Motion Carried 2. Ordinance No. 08-D-22 - Consideration and/or action approving an ordinance amending Section 86-115 of the Schertz Code of Ordinances revising maximum limits on specific streets (Ripps-Kreusler) and providing a repealing clause. Final Reading (B.Todd) Mayor Baldwin introduced this item and affirmed no changes had been made since the first reading Mayor Baldwin called for a motion and recognized Council Member Carpenter who moved, seconded by Mayor Pro-Tern Trayhan to approve Ordinance No. 08-D-22 final reading. Vote was unanimous. Motion Carried 3. Sanitation Services Agreement - Consideration and/or action regarding the renewal of the Sanitation Services agreement with the City of Schertz and Comal County. (L. Truitt) Mayor Baldwin recognized Director of Development Services Leonard Truitt who introduced this item answering questions from Council. As there was no further discussion, Mayor Baldwin called for a motion and recognized Mayor Pro-Tern Trayhan who moved, seconded by Council Member Scagliola to approve the renewal of the Sanitation Services Agreement with the City of Schertz and Comal County. Vote was unanimous. Motion Carried 4. Ordinance No. 08-M-23 - Consideration and/or action approving final reading on ordinance appointing the City Secretary and Deputy City Secretary as the designees for the officer for public information; and other matters in connection therewith. Final Reading (D. Taylor) Mayor Baldwin recognized City Manager Don Taylor who introduced this item stating the change from Assistant City Secretary to Deputy City Secretary had been made from first reading as requested. Mayor Baldwin called for a motion and recognized Council Member Scagliola who moved, seconded by Mayor Pro-Tern Trayhan to approve Ordinance No. 08-M-23 final reading. Vote was unanimous. Motion Carried City Council Regular Meeting April 22, 2008 153 5. Resolution No. 08-R-17 - Personnel Manual - Consideration and/or action approving resolution No. 08-R-17 revising the City of Schertz Personnel Manual. (D. Dykes) Mayor Baldwin recognized Human Resource Director Donna Dykes who introduced this item answering question from Council. Council pointed out that some of the draft was missing and that they would like to move this item to the next meeting. No action taken. 6. Bid No. 08-PW-ll-C-Ol - Consideration and/or action awarding a bid for the Aviation Heights Water Line Upgrades Phase 1A Project #11266301. (S. Willoughby) Mayor Baldwin recognized Public Works Director Sam Willoughby who introduced this item answering questions from Council. Mayor Baldwin recognized Mayor Pro-Tern Trayhan who moved, seconded by Council Member Scagliola to award the bid to A. J. Commercial in the amount of$189,000.00. Vote was unanimous. Motion Carried 7. Resolution No. 08-R-19 - Fund Raising Consultant Contract - Presentation and consideration and/or action approving Resolution No. 08-R-19 for a Fund Raising Consultant Contract for the new Library. (G. Douglas) Mayor Baldwin recognized Library Director Gail Douglas who introduced this item answering questions from Council. Ms. Douglas introduced Marion Lee and Barbara Ann Stephens with Bacon Lee & Associates who came forward further explaining the program. Mayor Baldwin recognized Council Member Carpenter who moved, seconded by Mayor Pro-Tern Trayhan to approve resolution No. 08-R-19 authorizing a fund raising consultant contract with Bacon Lee & Associates for three months of consultation at a total cost of $24,000. Vote was unanimous. Motion Carried PUBLIC HEARINGS AND ORDINANCE APPROVAL 8. Ordinance No. 08-S-24 - ZC2008-003 - Conduct a public hearing and consideration and/or action upon a request to rezone 96.608::1:: acres from Residential Agricultural District (RIA) and General Business District (GB) to General Business District (GB). The property is located at the northwest intersection ofIH-10 and FM-1518. (T. Rhodes) Mayor Baldwin recognized Planning Director Thomas Rhodes who introduced this item answering questions from Council. Mayor Baldwin opened the public hearing and recognized Mr. Robert Brockman, 1000 Elbel who asked questions for clarification. As no one else spoke; Mayor Baldwin recognized Council Member Scagliola, who moved seconded by Mayor Pro-Tern Trayhan to approve Ordinance No. 08-S-24 first reading. Vote was unanimous. Motion Carried City Council Regular Meeting April 22, 2008 154 DISCUSSION AND POSSIBLE ACTION 9. City Council Board Liaison Practices - Discussion and consideration and/or action regarding the activity and practice of maintaining Council liaisons to City boards, committees and commissions. (M. Carpenter) Mayor Baldwin recognized Council Member Carpenter who stated the reason he requested this item be placed on the agenda was because he believes that it is not necessary for the City Boards to have City Council liaisons present at all meetings as originally set forth. He further stated that he would like for Council Members to be point of contact only for the citizen boards, and believes the boards/committees/commissions would be better served if the council was not in attendance as it could be a hindrance in the ability to speak freely; that the Boards can provide information to Council through minutes or reports on highlights/recommendations of the boards/committees/commissions. He stated he believes the City Council's time would be better served throughout in the community speaking with citizens, and that city management could brief council on matters as well. He stated that the Council would still be the liaisons but only in attendance when needed and that the Board chairs could determine that need. Mayor Pro-Tern Trayhan concurred also stating he spends three to four nights a week attending various meetings and this would free up time to spend with his family and time to be out in the community. Council Member Carpenter and Council Member Scagliola stated that council would still be liaisons to the boards, and that it wouldn't be mandatory for them to attend all meetings, and that Council liaison would be the citizen's first point of contact. The expectations would be set by the various boards that unless there is a need for liaisons to attend, it wouldn't be necessary. Mayor Baldwin recognized Council Member Carpenter who moved seconded by Mayor Pro-Tern Trayhan that it be the practice of the Council that they maintain the assignment of liaisons as they have done in the past, but that the attendance at regular meetings of the various boards/committees/commissions and other organizations not only be non- compulsory but not to be expected, and that Council would rely on either the established submission of minutes from Planning and Zoning and those like them or a monthly or quarterly reporting at the pleasure of that board/committee/commission for their activities of the various groups. Vote was unanimous. Motion Carried City Attorney Michael Spain stated this will not affect any ordinance which requires Council Members to be an exofficio member of various boards/committees/commissions that the City currently has. Council Member Fowler arrived at 8: 15 p.m. 10. City Hall Renovations - Discussion and consideration and/or action regarding the proposed City Hall Renovation. (L. Truitt) This item was presented on 4/15/08 - being brought back for details. Mayor Baldwin recognized Director of Development Services Leonard Truitt who introduced this item answering questions from Council. Mayor Baldwin recognized City City Council Regular Meeting April 22, 2008 155 Manager Don Taylor who further explained where the funds for the renovation would come from answering questions from Council. Mayor Baldwin recognized Mayor Pro-Tern Trayhan, who moved seconded by Council Member Carpenter to approve the City Hall Renovations as presented to include Option 1, 2 and 3. Vote was unanimous. Motion Carried ANNOUNCEMENTS - ITEMS BY CITY MANAGER TAYLOR AND STAFF None. 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 adjourned regular meeting to executive session at 8:28 p.m. Council Member Wilenchik left at 8:49 p.m. Mayor Baldwin reconvened regular meeting at 8:50 p.m. and recognized Council Member Scagliola who moved seconded by Council Member Fowler to approve the sale and purchase contract for the acquisition of the following lots in the Live Oak Hills Subdivision: 4 lots at $3,500 each, totaling $14,000; from property owner "Accent Realty, Inc" 3 lots at $3,500 each, totaling $10,500; from property owner "Deleo Properties, LLC" 1 lot at $3,500; from property owners "Charles R. and Lucille Deitiker" (dee-tih-ker) 1 lot at $3,500; from property owners "All ofthe Heirs at Law of Raymond Burrell and Gem Odell Burrell, both deceased". 1 lot at $3,500; from property owner "Elfreda Trumbla" 1 lot at $3,500; from property owners "Leroy and Martha Kessler" Vote was unanimous. Motion Carried Mayor Baldwin adjourned the regular meeting at 8:52 p.m. back into executive session called under Section 551.074- Deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of the City Manager. Mayor Baldwin adjourned the Executive session at 9:55 p.m. back into regular session and recognized Council Member Wilenchik who moved seconded by Mayor Pro-Tern Trayhan to increase the City Manager to $150,000.00 in addition to items stated in his contract. Vote was unanimous. Motion Carried ADJOURNMENT As there was no further action, Mayor Baldwin adjourned the meeting at 10:00 p.m. City Council Regular Meeting April 22, 2008 156 A City Council Regular Meeting April 22, 2008 157 r