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07-08-2008 MINUTES REGULAR MEETING July 8, 2008 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on July 8, 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 Mayor Pro-Tern Tony Wilenchik Council Member Jim Fowler Council Member David Scagliola Council Member John Trayhan Council Member Michael Carpenter Staff Present: City Manager Don Taylor Assistant City Manager David Harris Assistant City Manager John Bierschwale City Attorney Michael Spain 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 ofthe United States and State of Texas. HEARING OF RESIDENTS Mayor Baldwin recognized the following: Ms. Frances Rushing, Schertz Chamber of Commerce President, publically thanked members of the City of Schertz staff for their excellent volunteer work on making it a very successful Jubilee and that without them it would not have been possible. Mr. Carl Douglas, 2550 Woodland Village Place, spoke on the issue of the Council setting compensation. He stated that the Charter is clear that Council can set compensation for themselves and that it isn't necessary to take this to the voters. Robert Brockman, 1000 Elbel, spoke on the public hearing for Ordinance No. 08-S-32-ZC 2008- 005 Valvoline Subdivision item. City Attorney, Michael Spain, explained why this item was posted as a public hearing. Council General Announcements: Mayor-Pro Tem Wilenchik . Stated that the book "2008 Building Texas-The Tax and Budget Primer" passed out to Council centers on where taxes are being paid. City Council Regular Meeting 2J 1 July 8, 2008 Council Member Fowler . Stated that the Jubilee and the 4th of July parade was a great success. Stated that is was a perfect day, no rain, and thanked everyone involved in making it a success. Council Member Scagliola . Stated that the 4th of July parade was very well orchestrated and thanked everyone for a great event. He also stated that the performance of the United States Air Force Band of West at the Civic Center, on July 5th was 1 st rate. Council Member Trayhan . Stated that the Jubilee and 4th of July parade was a great success and thanked the City staff and the Chamber for a great event. Council Member Carpenter . Stated that the 4th of July parade had an amazing turn out; also that the Jubilee was a great event for family and friends. Items by Mayor . Stated that the 4th of July parade was a great success and publically congratulated the Chamber and City staff on a great Jubilee event. He mentioned that he had received calls from citizens expressing their congratulations on a great event. REGULAR AGENDA 1. Minutes - Consideration and/or action regarding the approval ofthe minutes of the Regular Meeting of July 1, 2008. Mayor Baldwin recognized Council Member Trayhan who moved, seconded by Council Member Fowler to approve the minutes of July 1, 2008. Vote was unanimous. Motion Carried 2. Ordinance No. 08-G-31 - Consideration and/or action approving Ordinance No. 08-G-31 setting the City Council compensation. Final Reading (Mayor and Council) Mayor Baldwin recognized City Attorney Michael Spain who introduced this item answering questions from Council. Mayor Baldwin, Council Member Scagliola and Mayor Pro-Tern Wilenchik expressed that they would like to take this to the voters and did understand that the City Charter states that Council can set their own compensation. Council Members Carpenter, Trayhan and Fowler stated their views for approval regarding this item as well. Mayor Baldwin recognized Council Member Carpenter who moved, seconded by Council Member Trayhan to approve Ordinance No. 08-G-31 final reading setting the City Council compensation. Vote was 3-2-0 with Council Members Scagliola and Mayor Pro-Tem Wilenchik voting no. Motion Carried. 3. Bid Award- Consideration and/or action awarding a bid to Centuries Industries for a Showmaster 3000 Series portable stage. (E. Matlock/G. Logan) City Council Regular Meeting 212- July 8, 2008 This item was withdrawn from the agenda. PUBLIC HEARINGS AND ORDINANCE APPROVAL 4. Ordinance No. 08-S-32- ZC 2008-005 Valvoline Subdivision - Conduct a public hearing and consideration and/or action upon a request to rezone 1.38+/- acres of land out of the T. Herrera Survey No. 68, Abstract No. 153, City of Schertz, Guadalupe County, Texas being Lot 1, Block 1 of the Valvoline Subdivision and Lot 1, Block 1 of the FM-3009 Laserwash Subdivision from Office Professional District (OP) to Planned Unit Development (PUD). The property is on the west side ofFM-3009 (Roy Richard Drive) located approximately 229 feet north of Savannah Drive. Final Reading (T. Rhodes) Mayor Baldwin recognized Planning Director, Thomas Rhodes, 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 Trayhan who moved, seconded by Council Member Carpenter to approve Ordinance No. 08-S-32 final reading. Vote was unanimous. Motion Carried 5. Ordinance No. 08-M-33 - ZC2008-008 Comprehensive Land Plan - Conduct a public hearing and consideration and/or action regarding proposed amendments to Chapter 4, Land Use, of the City of Schertz Comprehensive Land Plan. First Reading (T. Rhodes) This item was withdrawn from the agenda. ANNOUNCEMENTS - CITY MANAGER AND STAFF . General Announcements on meetings/events attended and upcoming events Mayor Baldwin recognized City Manager Don Taylor who publically thanked all the City staff volunteers who made the Jubilee event a tremendous success and stated that he was very proud to work with such an excellent staffwho volunteered so much time on their own. Mayor Baldwin recognized Assistant City Manager David Harris who updated the City Council on recent meetings held with Lowes regarding the Mobile Villa Estates neighbor concerns on speaker noise, drainage, and visual barriers on the south side and lighting issues. Mr. Harris stated that all issues have been resolved. Mayor Baldwin recognized City Attorney Michael Spain who stated that he provided Council with a draft ordinance of the Charter amendments discussed at their last meeting for their review. He went over the details of how he worded the propositions that would be placed on the ballot. Mr. Spain stated that he would be out of town for the next meeting of July 15, 2008 and can address any issues or concerns with the Council on the final reading. City Council RegularMeeting 213 July 8, 2008 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. Section 551.074 - Deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of the City Secretary. Mayor Baldwin adjourned regular meeting to executive session at 7:08 p.m. RECONVENE TO REGULAR SESSION Mayor Baldwin reconvened regular meeting at 7:44 p.m. 6. Take any action deemed necessary as a result of the Executive Session. Mayor Baldwin recognized Council Member Fowler who moved seconded by Council Member Scagliola to proceed with condemnation on the following properties owned by the following people: Jorge A. Infante and Flor M. Infante, Alonzo Ramirez, Jr. and Celia F. Ramirez, Jeanette Rowland Kindla, William M. Woods and Elsie E. Woods, Noelia Montalvo Munoz and Sylvia Montalvo Ramirez and Ruth Gouner and Harris L. Gouner, Trustee of the Harris L. Gouner Revocable Living Trust. Vote was unanimous. Motion Carried. Mayor Baldwin recognized Council Member Trayhan who moved seconded by Mayor Pro- Tern Wilenchik to approve the purchase of Lot 1 Block 29 in the Live Oak Hills Subdivision from Mr. Richard B. DeBenedetto in the amount of $3,950. Vote was unanimous. Motion Carried. Mayor Baldwin recognized Council Member Trayhan who moved seconded by Mayor Pro- Tern Wilenchik to increase the City Secretary's pay by five percent effective immediately. Vote was unanimous. Motion Carried. Mayor Baldwin publically thanked City Secretary Brenda Dennis for the great job that she is doing for the City. ADJOURNMENT As there was no further action, Mayor Baldwin adjourne ( Hal Baldwin, Mayor ATTEST: G~ ~~~I'> Brenda Dennis, TRMC, CMC City Secretary City Council Regular Meeting 214 July 8, 2008