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05-06-2008 MINUTES REGULAR MEETING May 6, 2008 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on May 6, 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. 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: . Ms. Frances Rushing, President of the Schertz Chamber announced the following: Thursday, May 8: 5:00 -7:00 p.m. - Ribbon Cutting and Mixer Big Pappa's Pizza, 1420 Schertz Parkway - Beer /Pizza (while supplies last) Thursday, May 15: 10:00 a.m. - Ribbon Cutting at Tater Tot's Children's Resale Shop, 17323 IH -35 #105 Schertz, TX. Thursday, May 15: 2:00 p.m. - Ribbon Cutting at DOCUmation, 231 East Rhapsody, San Antonio, TX Friday, May 16: 10:00 a.m. - Ribbon Cutting at Hogan Homes, 3305 Orth Ave. Whisper Meadows Subdivision, Cibolo, TX. May 30 - Chamber Monthly Lunch 11 :30 a.m. Civic Center, James Shriver Scholarship Winners honored. . Mr. Emery Kelley, 2539 Chasefield spoke regarding Youth Soccer Alliance. . Mr. Carl Douglas, 2550 Woodland Village, spoke on Council Compensation. . Mr. Robert Brockman, 1000 Elbel, spoke on the Fire Hydrants that were painted black and on the float trailer for the Sweetheart Court. City Council Regular Meeting May 6, 2008 159 PRESENTATION . Presentation and update on the Recreation Center by Kell Munoz Architects (G. Logan) Mayor Baldwin recognized Parks & Recreation Director George Logan who introduced this item and introduced Mr. Jeff Edwards who gave a brief PowerPoint presentation on the Recreation Center answering questions from Council. ANNOUNCEMENTS Council General Announcements: Mayor Pro-Tem Trayhan . Would be attending the May 12, 2008 Schertz Housing Authority Meeting. Council Member Fowler . Mentioned he attended the recent Relay for Life event and congratulated everyone for their outstanding work and participation. Council Member Scagliola . Mentioned he also attended the recent Relay for Life event and congratulated the City of Schertz team for all their efforts. Council Member Wilenchik . Mentioned he attended a TML Conference on Taxation and Municipal Revenue last week, there were many items of interest. He forwarded all items to the Mayor for review. Council Member Carpenter . Mentioned he attended the Planning & Zoning meeting last week. He also mentioned that he would be attending the Education Foundation meeting on May 7,2008. Items by Mayor . Mentioned he would be attending the May 8, 2008 N. E. Partnership meeting, which would be held at 11 :30 a.m. at the Universal City Golf Course. . Mentioned the upcoming May 15, 2008 Historical Preservation Committee meeting that will be held at 6:30 p.m. Mayor Baldwin recognized City Manager Don Taylor who provided an update on Assistant City Manager John Bierschwale. REGULAR AGENDA 1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of April 22, 2008 and the Special Meeting on April 28, 2008. City Council Regular Meeting May 6, 2008 160 Mayor Baldwin recognized Council Member Scagliola who moved, seconded by Council Member Fowler to approve the minutes of April 22, 2008 with corrections. Vote was unanimous. Motion Carried Mayor Baldwin recognized Council Member Fowler who moved, seconded by Mayor Pro- Tern Trayhan to approve the minutes of April 28, 2008 with corrections. Vote was unanimous. Motion Carried 2. Ordinance No. 08-S-24 - ZC2008-003 - 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 oflH-10 and FM-1518. (T. Rhodes) Final Reading Mayor Baldwin recognized Planner II, Misty Nichols who introduced this item and affirmed no changes had been made since the first reading. Mayor Baldwin called for a motion and recognized Mayor Pro-Tern Trayhan who moved, seconded by Council Member Scagliola to approve Ordinance No. 08-S-24 final reading. Vote was unanimous. Motion Carried 3. 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 Resources Director Donna Dykes who introduced this item answering questions from Council. Mayor Baldwin recognized Council Member Fowler who moved, seconded by Mayor Pro- Tern Trayhan to approve Resolution No. 08-R-17. Vote was unanimous. Motion Carried 4. Resolution No. 08-R-20 - Interlocal Agreement - Consideration and/or action regarding approving a resolution for an Interlocal Agreement with the Schertz-Cibolo-Universal City Independent School District regarding parking lot sharing. (D. Harris) Mayor Baldwin recognized Assistant City Manager David Harris who introduced this item answering questions from Council. Mayor Baldwin called for a motion and recognized Mayor Pro-Tern Trayhan who moved, seconded by Council Member Carpenter to approve Resolution No. 08-R-20. Vote was unanimous. Motion Carried 5. Resolution No. 08-R-21 - Consideration and/or action approving a resolution regarding fire protection in the service area of the Green Valley Special Utility District. (M. Spain) Mayor Baldwin recognized City Attorney Michael Spain who introduced this item answering questions from Council. After considerable discussion; Mayor Baldwin called for a motion and recognized Council Member Carpenter who moved, seconded by Mayor Pro-Tern Trayhan to approve Resolution No. 08-R-21. Vote was unanimous. Motion Carried City Council Regular Meeting May 6, 2008 161 PUBLIC HEARINGS AND ORDINANCE APPROVAL 6. Ordinance No. 08-S-25 - SUP2008-002 - Conduct a public hearing and consideration and/or action upon a request for a Specific Use Permit (SUP) for 0.34+/- acres ofland out of the Rafael Garza Survey, Abstract No. 144, Guadalupe County, Schertz, Texas being Lot 27, Block 9 of the Country Club Park Subdivision to allow a Day Care Facility in the Office Professional District (OP) located approximately 500 +/- feet South of the intersection of Country Club Boulevard and Portage Lane. (T. Rhodes/M. Nichols) First Reading. Mayor Baldwin recognized Planner II Misty Nichols who introduced this item answering questions from Council. Mayor Baldwin opened the public hearing and as no one else spoke; Mayor Baldwin closed the public hearing and recognized Council Member Scagliola who requested that additional screening or a buffer be considered. Mayor Baldwin recognized Council Member Scagliola, who moved seconded by Council Member Fowler to approve Ordinance No. 08-S-25 first reading and requested that staff work with the applicant to create a buffer area where the day care facility abuts the city property and bring recommendations back at final reading. Vote was unanimous. Motion Carried DISCUSSION AND POSSIBLE ACTION 7. City Council Compensation - Consideration and/or action regarding compensation for City Council Members. (T. Wilenchik) Mayor Baldwin recognized Council Member Wilenchik who introduced this item stating that he placed this item on the agenda for Council to consider and explained the City had adopted an ordinance in 1974 to set a salary compensation for members: Mayor to receive $6.00 for regular meetings and $10.00 for special; and Council to received $3.00 for regular meetings and $5.00 for special. Council discussed repealing Ordinance No. 75-G- 38 so that members of the Council will receive no compensation for attendance at meetings. Such action would not affect reimbursement for out-of-pocket expenses or use of City-provided equipment in furtherance of official duties in accordance with procedures in effect from time to time. After considerable discussion and concurrence with Council Member Wilenchik it was moved by Council Member Wilenchik seconded by Council Member Carpenter to direct staff to bring an ordinance back at the next Council meeting setting the salary to zero (0). Vote was unanimous. Motion Carried ANNOUNCEMENTS - ITEMS BY CITY MANAGER TAYLOR AND STAFF Mayor Baldwin recognized Assistant City Manager John Bierschwale who mentioned the recent, Metrocom Relay for Life, Team Schertz raised over $17,000 of the $41,000 total at this year's annual Randolph Metrocom Relay for Life. Held May 2-3 at Steele High School, special congratulations need to be extended to the Schertz Fire Department which raised over $8,700, and to Brittany Losey, Miss Schertz, for bringing in over $1,000 and thanked everyone who participated. City Council Regular Meeting May 6, 2008 162 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. Mayor Baldwin adjourned regular meeting to executive session at 8:50 p.m. Mayor Baldwin reconvened regular meeting at 9:53 p.m. and recognized Council Member Scagliola who moved seconded by Mayor Pro-Tern Trayhan to approve the sale and purchase contracts for the acquisition of five lots at $3,500 each: 1 lot from property owner "Herbert O. and Sybil J. Kessler" 1 lot from property owner "Joe M. and Virginia Uranga" 1 lot from property owner "Jon Paul Ax as Executor of the Estate of Clarence Ax and as Personal Representative under the will of Thelma R. Ax" 1 lot from property owner "Marc Bane" 1 lot from property owner "H. E. "Tex" and Majorie A. Willenberg" Vote was unanimous. Motion Carried ADJOURNMENT As there was no further action, Mayor Baldwin adjourned the meeting at 9:55 p.m. ~ nda Dennis, TRMC, CMC City Secretary City Council Regular Meeting May 6, 2008 .163