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06-24-2008 MINUTES REGULAR MEETING June 24, 2008 A Joint Worksession was held by the Schertz City Council and the Planning and Zoning Commission on June 24, 2008 at 5:30 in the Municipal Complex Council Chambers Conference Room and Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on June 24, 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 Jim Fowler Mayor Pro-Tern John Trayhan Council Member Tony Wilenchik Council Member David Scagliola Council Member Michael Carpenter Staff Present: Assistant City Manager John Bierschwale Assistant City Manager David Harris City Secretary Brenda Dennis Planning and Zoning Commissioners present: Robin Tutschke, Cedric Edwards, Gary Wallace, and Ken Greenwald Board of Adjustment Members present: Norman Slocum, Earl Hartzog, Donald McQueen, and Darlene Price CALL TO ORDER JOINT WORKSESSION Mayor Pro Tern Trayhan called to order the Joint Worksession at 5:30 p.m. and stated that Mayor Hal Baldwin was on his way. . Presentation and discussion by Mitchell Planning Group and the Planning & Zoning Commission regarding the draft Unified Development Code (UDC). (T. Rhodes) - A copy of the draft UDC was placed on the city's website www.schertz.com. Planning Manager Thomas Rhodes gave a brief power point presentation regarding the proposed draft UDC answering questions from Council, members of the Planning and Zoning Commission and Board of Adjustment. Mr. Rhodes stated that the first of several worksessions to discuss and review the revised City of Schertz UDC will take place on Wednesday, June 25, 2008. ADJOURNMENT Mayor Hal Baldwin adjourned the Joint Workession at 6:14 p.m. CALL TO ORDER REGULAR MEETING Mayor Baldwin called the meeting to order at 6:30 p.m. City Council Regular Meeting June 24, 2008 201 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 ofthe United States and State of Texas. 1. Oath of Office A. Mayor Pro-Tern - Consideration and/or action regarding the appointment of the Mayor Pro-Tern, term to expire December 1, 2008. Mayor Baldwin to administer oath (Council) Mayor Baldwin gave the Oath of Office to Mayor Pro-Tern Elect Tony Wilenchik. HEARING OF RESIDENTS Mayor Baldwin recognized the following: . Ms. Frances Rushing, Schertz Chamber of Commerce President who reminded everyone of the upcoming monthly meeting set for June 27,2008 at the Civic Center. Ms. Rushing also stated the Chamber and volunteers are planning the upcoming Jubilee celebration and that the first volunteer meeting is set for June 26, 2008 at 6 p.m. at Pickrell Park. She stated that the Grand Marshal for this year is the Honorable Mayor Baldwin and the Honorary Grand Marshal is Mr. Roy Richards. . Mr. Mark Williams, 1100 Sandy Ridge Circle who addressed the need for Lion's Club Membership. . Ms. Rosemary Grayson, 5213 Cabana Drive who spoke on proposed charter changes. PRESENTATION 2. Sale of Bonds - Presentation and consideration and/or action regarding the sale of the next series of bonds for the Recreation Center and Streets. Discussion to include the total dollar amount of the sale and the timetable of the sale. (M. McLiney- Southwest Securities) Mayor Baldwin recognized Mark McLiney and Ryan Cunningham with Southwest Securities, who introduced this item answering questions from Council. Mr. McLiney stated that due to the growth of the taxable value within the City, it appears that all of the remaining bonds can be issued in 2008 with little tax rate impact as compared to the original plan. He stated that the issuance of all of the remaining bonds can be issued without affecting the current I&S Tax Rate and it remains in line with the finance plan originally approved by the Council. Mayor Baldwin recognized Council Member Trayhan who moved, seconded by Council Member Carpenter to authorize the sale of the next series of bonds for the Recreation Center and Streets in the amount of$5.5 Million for the Recreation Center and $11 Million for Streets, total $16.5 Million. Vote was unanimous. Motion Carried City Council Regular Meeting June 24, 2008 202 ANNOUNCEMENTS Council General Announcements/Events (Council): Mayor Pro-Tem Wilenchik . Reminded everyone of the Dave Ramsey Financial Course that will be starting Thursday, June 26, 2008. He also mentioned he recently attended the TML Board of Directors meeting Friday, June 20, 2008 in Rockport and most of discussion centered on property tax. He also brought back information on a class action suit involving 31 cities against companies like Expedia that are booking hotel rooms, paying for them then failing to pay the city tax portion. The information has been turned over to management and the City Attorney for recommendation to join this suit. Council Member Carpenter . None. Council Member Fowler . Thanked everyone for the opportunity of serving meals at the Schertz Employee Family Picnic that was held on Sunday, June 22, 2008, thought it was a great picnic and agreed with the sign that was displayed "Because of You Schertz is # 1 ". Council Member Scagliola . Mentioned that the Sweetheart Court has been invited to Lulings Watermelon Thump as well as to participate in the Luling parade. Council Member Trayhan . Mentioned he attended the Schertz Employee Family picnic on Sunday and that it was a great event. Council General Announcements/Events (Mayor): . Also mentioned he attended the Schertz Employee Family picnic on Sunday and stated that it was a great event. REGULAR AGENDA 3. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting ofJune 17,2008. Mayor Baldwin recognized Council Member Scagliola who moved, seconded by Council Member Fowler to approve the minutes of June 17, 2008 with corrections annotated. Vote was unanimous. Motion Carried 4. Resolution No. 08-R-32 - Consideration and/or action approving a resolution designating particular areas, dates and times for which alcoholic beverages may be brought into or removed from Pickrell Park and authorizing the extension of park hours, extension of noise City Council Regular Meeting June 24, 2008 203 hours and other motorized vehicles in particular park areas. (M. Spain) Michael Spain requested we place this back on this agenda. Mayor Baldwin introduced City Attorney Michael Spain who introduced this item answering questions from Council. Mayor Baldwin recognized Council Member Trayhan who moved, seconded by Council Member Scagliola to approve Resolution No. 08-R-32. Vote was unanimous. Motion Carried DISCUSSION AND POSSIBLE ACTION 5. Ordinance No. 08-E-31 - Charter Election - Discussion and consideration and/or action regarding a Joint Election on November 4, 2008 with the Counties of Guadalupe, Bexar and Comal for possible Charter Revision Propositions for the City of Schertz. (T. WilenchiklM. Spain) Mayor Baldwin recognized Mayor Pro-Tern Wilenchik and City Attorney Michael Spain who introduced this item answering questions from Council. After some discussion, Mayor Baldwin recognized Mayor. Pro-Tern Wilenchik who moved, seconded by Council Member Trayhan to postpone this item until the July 1, 2008 City Council meeting. Vote was unanimous. Motion Carried 6. Council Compensation - Discussion and consideration and/or action regarding the compensation analysis provided to Council by the HR Manager on 6-17-08. (J. Bierschwale) Mayor Baldwin recognized Human Resource Manager Donny Dykes who introduced this item answering questions from Council. Council discussed this item in great detail expressing their opinions and views. City Attorney Michael Spain stated that under Section 4.04 of the City Charter states "that an increase in compensation shall not be effective for any member of the City Council during the term for which he or she was elected and the increase was approved." After a few motions, which failed, Mayor Baldwin recognized Council Member Carpenter who moved, seconded by Mayor Pro-Tern Wi1enchik to direct staff to draft an ordinance setting the City Council compensation at $200.00 per month with a $150.00 per month car allowance and setting the Mayors compensation at $300.00 per month with a $250.00 a month car allowance and a provision in the ordinance that any Council Member may refuse compensation of any kind and all compensation both base and car allowance be indexed to inflation and conform to the City's travel policy for those who have a car allowance The vote was 4-1-0 with Council Member Scagliola voting no. Motion Carried. ANNOUNCEMENTS - CITY MANAGER AND STAFF . General Announcements on meetings/events attended and upcoming events. City Council Regular Meeting June 24, 2008 204 Assistant City Manager John Bierschwale announced that on Thursday, July 17, 2008 from 9:30 a.m. to 12:30 p.m., CPS Energy will be hosting a meeting to present the 2008 "Strategic Plan Update". If any of the Council Members are interested please contact Brenda Dennis, David Harris or John Bierschwale. Mr. Bierschwale stated that Mr. Taylor and David Harris are out of town attending a TCMA meeting until Monday and he is available to be contacted. Mayor Baldwin recognized City Attorney Michael Spain who provided information to Council regarding the issue of improper use of fire works as well as burn ban issues and asked if Council wanted to request an item be placed on the next agenda for discussion. No direction given. Mayor Baldwin recessed the regular meeting to executive session at 8:00 p.m. EXECUTIVE SESSION Called under Section 551.071 Litigation, pending litigation; Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange, sale, lease, or value of real property. Mayor Baldwin reconvened regular meeting at 8:46 p.m. 7. Take any additional action deemed necessary as a result of the Executive Session. No action taken. Mayor Baldwin stated that he had forgotten to announce under items by the Mayor that last Thursday, the Historical Preservation Commission had their first plaque unveiling at the old Randolph Real Estate office; it commemorates the building as a Historic Site and encouraged everyone to go by and look at it. ADJOURNMENT l As there was no further action, Mayor Baldwin adjourned the //' '- ATTEST: /.. "', \ (........... .... """ /) !~'o\~. 'i;/ 'i . \._.), ) ~ Q ()~ '-.."" (\)(\L0 Brenda Dennis, TRMC, CMC City Secretary City Council Regular Meeting June 24, 2008 205