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08-12-2008 MINUTES WORKSHOP AND REGULAR MEETING August 12, 2008 A Workshop and Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on August 12, 2008 at 5:00 p.m., in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present, to-wit: 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 John Bierschwale Assistant City Manager David Harris City Secretary Brenda Dennis City Attorney Michael Spain Mayor Baldwin absent. CALL TO ORDER: WELCOME / OVERVIEW: 1. Presentation and discussion of the FY 200812009 Budget. (Staff) Mayor Pro-Tern Wilenchik called the Workshop to order at 5:00 p.m. and stated that Mayor Baldwin was absent this evening. Mayor Pro-Tern Wilenchik introduced Assistant City Manager David Harris who continued the Power Point presentation going over the following: . General Fund - Animal Control - IT Department - Human Resource - Finance - Purchasing - Fleet - Community Assist - Special Events - Public Works Business office and Administration - Business Office - Public Works Water & Sewer Administration - Capital Recovery - EMS - Drainage City Council Regular Meeting 231 August 12, 2008 - - Hotel Tax - Park Fund - Recycling - SED Corporation - Capital Requests Staff Members addressed Council questions and concerns regarding their respective budgets. ADJOURNMENT WORKSHOP: Mayor Pro-Tern Wilenchik adjourned the workshop at 6:30 p.m. CALL TO ORDER REGULAR MEETING Mayor Pro-Tern Wilenchik called the meeting to order at 6:30 p.m. and stated that Mayor Baldwin was absent this evening. 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 Pro-Tern Wilenchik recognized the following: . Frances Rushing, Schertz Chamber President who gave the following announcements: - August 18, 2008 Program on Banking and FDIC at 6:30 p.m. at Civic Center. Sponsored by Chamber and Schertz Bank & Trust. - August 29, 2008 Monthly lunch program. A follow up on August 18, 2008 program. Working with George Antuna to secure speaker from Federal Reserve. - August 15, 2008 - Ribbon Cutting at Embroider-me at 2 p.m. - Attended Commissioners' Court, and reported that Veterans Affair office noted they fielded 180 requests from Schertz, 101 walk-in and 79 by phone and fielded 101 from Seguin Commissioners' Court, also took no action on a contract for the proposed Animal Shelter, instead postponed any action until next Tuesday's Court date. . Mr. Robert Brockman, 1000 Elbel who addressed the Council on the following: - Item 8 - Venue Tax - Dumpsters needing lids City Council Regular Meeting 232 August 12, 2008 - County Animal Shelter issue Council General Announcements: Mayor Pro-Tem Wilenchik . Thanked everyone; staff, citizens, friends, colleagues for their support on his recent surgery. Council Member Fowler . None Council Member Scagliola . Mentioned he attended the 2nd Annual Fire Fighters Picnic this weekend in Universal City. Council Member Trayhan . None. Council Member Carpenter . Mentioned he had an opportunity to drive around the City and would like for staff/code enforcement to address code enforcement issues around the Beverly Drive area. PRESENT A TION . Presentation regarding the City of Schertz Website (8. Bailey) Mayor Pro-Tern Wilenchik recognized Director Brad Bailey, Media Relations who gave a Power Point presentation regarding the new City of Schertz Website answering questions from Council. Mr. Bailey mentioned the upcoming Schertz Fest and announced a new sponsor "Disney" would be hosting two 90-minute Disney Kid's Stage Shows during the Schertz Fest. REGULAR AGENDA 1. Property Tax Rate - Consideration and/or action on a Record Vote on setting the Preliminary Tax Rate for FY 200812009 and Scheduling of Public Hearings on the proposed tax rate. (D. Harris/J. Santoya) Mayor Pro-Tern Wilenchik recognized Assistant City Manager David Harris who introduced this item. Mr. Harris stated that the current rate is 0.4090 and the effective rate is 0.4018; and explained that Council will consider tonight and take a record vote which will be published in the newspaper. He further explained that should the Council wish to consider funding additional requests from staff, that he would recommend the City Council Regular Meeting 233 August 12, 2008 Council consider a higher tax rate and allow staff to present their reasoning for additional funding. City Secretary Brenda Dennis asked that Mr. Harris explain that the Council could consider a higher tax rate and vote on this and that once the tax rate is set with the vote Council could not go any higher but could go lower. Mayor Pro-Tern Wilenchik recognized City Manager Don Taylor who stated that he has brought to the Council a balanced budget with no tax increase and his recommendation is to stay with the current rate of 0.4090. Assistant City Managers David Harris and John Bierschwale explained and recommended the Council consider the rate of 0.4250 and allow staff at the future Budget workshops to explain their additional funding needs. After considerable discussion, Mayor Pro-Tern Wilenchik recognized Council Member Carpenter who moved seconded by Council Member Trayhan to set the tax rate at 0.4090 as recommended by the City Manager. The vote was 4-1-0 with Council Member Fowler voting no. Motion Carried 2. Minutes - Consideration and/or action regarding the approval of the minutes of the Workshop and Regular Meeting of August 5, 2008. Mayor Pro-Tern Wilenchik recognized Council Member Trayhan who moved, seconded by Council Member Carpenter to approve the minutes of August 5, 2008 with the correction noted. Vote was unanimous. Motion Carried 3. Ordinance No. 08-S-40 - SUP2008-007 - Consideration and/or action upon a request for a Specific Use Permit (SUP) for 0.5+/- acres ofland out of the Toribio Herrera Survey, Abstract No. 221, Guadalupe County, and Schertz, Texas being Lot 9, Block 1 of the Schertz Business Park Subdivision to allow an expansion of a warehouse in the Air Installation Compatible Use Zone (AICUZ) Accident Potential Zone-l (APZ-l) located approximately 951 +/- feet east of intersection FM-1518 and Commercial Place. Final Reading (T. Rhodes/M. Nichols) Mayor Pro-Tern Wilenchik recognized Planner Manager Thomas Rhodes who introduced this item answering questions from Council stating nothing had changed from the first reading of the ordinance. Mayor Pro-Tern Wilenchik recognized Council Member Trayhan who moved, seconded by Council Member Scagliola to approve Ordinance No. 08-S-40 final reading. Vote was unanimous. Motion Carried. 4. Ordinance No. 08-D-41 - Consideration and/or action approving an ordinance amending Section 86-118 of the Schertz Code of Ordinances revising maximum limits on specific streets and providing a repealing clause. (John A. Sippel Elementary) First Reading (M. Harris) City Council Regular-Meeting 234 August 12, 2008 - Mayor Pro-Tern Wilenchik recognized Police Department Lieutenant Michael Harris who introduced this item answering questions from Council. Council Members discussed the possible need to declare an emergency on this due to the fact that school will be starting in two weeks. City Attorney Michael Spain stated that he is not comfortable with declaring this an emergency due to the fact it was not posted as such on the agenda and that Council will be able to consider final reading on the 19th of August which will allow ample time to post the necessary slgnage. Mayor Pro-Tern Wilenchik recognized Council Member Carpenter who moved, seconded by Council Member Trayhan to approve Ordinance 08- D-41 first reading. Vote was unanimous. Motion Carried 5. Ordinance No. 08-B-39 - Consideration and/or action approving an ordinance by the City Council of the City of Schertz, Texas authorizing the issuance of "City of Schertz, Texas General Obligation Bonds, Series 2008", levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the bonds, including the approval and distribution of an official statement pertaining thereto; authorizing the execution of a paying agent/registrar agreement and a purchase contract; complying with the requirements imposed by the letter of representations previously executed with the depository trust company; and providing for an effective date. First and Final Reading (M. McLiney) (THIS ITEM WAS POSTPONED FROM THE AUGUST 5, 2008 MEETING) Mayor Pro-Tern Wilenchik recognized Mark McLiney Southwest Securities who introduced this item answering questions from Council. Mr. McLiney stated that within a week's time the bond market had changed and that the current rate is 4.13% and recommended to Council the issuance ofthe $9.9 million, 4.4 million for the Recreation Center and 5.5 million for streets. Mayor Pro-Tern Wilenchik recognized Council Member Trayhan who moved, seconded by Council Member Scagliola to approve Ordinance No. 08-B-39 first and final reading. Vote was unanimous. Motion Carried. DISCUSSION AND POSSIBLE ACTION 6. City of Schertz Board of Adjustment By-Laws - Discussion and possible action regarding approving the revised City of Schertz Board of Adjustment By- Laws. (T. Rhodes) Mayor Pro-Tern Wilenchik recognized Planning Manager Thomas Rhodes who introduced this item answering questions from Council. Mr. Rhodes stated that the Board of Adjustment had approved the proposed By-Laws. Mayor Pro-Tem City Council Regular Meeting 235 August 12, 2008 - Wilenchik stated that there was one recommended change that needs to be made regarding the word "qualified"; he stated that the word needs to be removed and changed to "registered". Mayor Pro-Tern Wilenchik recognized Council Member Trayhan who moved, seconded by Council Member Scagliola to approve the revised City of Schertz Board of Adjustment By-Laws as recommended by the Board of Adjustment Board with the change from "qualified" to "registered". Vote was unanimous. Motion Carried 7. City of Schertz Sweetheart Committee - Discussion and possible action regarding appointment of the City of Schertz Sweetheart Committee Members. (E. Matlock) Mayor Pro-Tern Wilenchik recognized Economic Development Chair Steve White who introduced this item answering questions from Council. Mayor Pro-Tern Wilenchik recognized Council Member Scagliola who moved, seconded by Council Member Fowler to approve the appointment of: Brad Bailey Alice Jewell Aimee Bailey Michele Kelso Patti Riordan Erin Matlock Susan Hartzog David Harris Council Member David Scagliola (Liaison) Vote was unanimous. Motion Carried. 8. Venue Tax Proposition - Discussion and possible action regarding the City of Schertz proposing a Venue Tax proposition on the November 4, 2008 ballot. (D. Harris/M. Spain) Mayor Pro-Tern Wilenchik recognized Assistant City Manager David Harris who explained what a venue tax is used for. Mr. Harris stated that he had received information from the City Attorney that this item would not be able to be considered for the November 4, 2008 ballot due to timelines and issues that the City needed to do prior to proposing the proposition. No action taken. City Council Regular Meeting 236 August 12, 2008 - ANNOUNCEMENTS - CITY MANAGER AND STAFF . General Announcements on meetings/events attended and upcoming events Mayor Pro-Tern Wilenchik recognized City Manager Don Taylor who read a letter he recently received from the Unites States Postal Service again denying the request to change the zip code of78108 to 78154. Mayor Pro-Tern Wilenchik recognized Assistant City Manager John Bierschwale who announced how excited he is that Disney is a new sponsor for Schertz Fest. 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 Pro-Tern Wilenchik adjourned the regular meeting into Executive Session at 7:49 p.m. RECONVENE TO REGULAR SESSION Mayor Pro-Tern Wilenchik reconvened into regular session at 9: 18 p.m. 9. Take any action deemed necessary as a result of the Executive Session. Mayor Pro-Tern Wilenchik recognized Council Member Scagliola who moved, seconded by Council Member Trayhan to accept a condemnation court awarded price of $36,500 for a permanent sewer line easement and temporary construction easement from Cynthia Hernandez and William Bailey, successors to William Henderson for the Town Creek Sewer Line Project. Vote was unanimous. Motion Carried. Mayor Pro-Tern Wilenchik recognized Council Member Scagliola who moved seconded by Council Member Trayhan. to pay the unpaid School District and Guadalupe County property taxes totaling approximately $1200 and forgive the unpaid City taxes totaling approximately $300 on the property conveyed by the City to the U.S. Postal Service for the new Schertz Post Office on Elbel Road. Vote was unanimous. Motion Carried. Mayor Pro-Tern Wilenchik recognized Council Member Fowler who moved, seconded by Council Member Carpenter to pay $5,000 to Jeanette Rowland Kindla to acquire Lot 7, Block 31 of Live Oak Hills Subdivision, and pay all closing costs, and that the City dismiss pending condemnation proceedings relating to such property upon closing such sale. Vote was unanimous. Motion Carried. City Council Regular Meeting 237 August 12, 2008 Mayor Pro-Tern Wilenchik recognized Council Member Fowler who moved, seconded by Council Member Trayhan to pay $5,000 to the Harris L. Gouner Trust to acquire Lot 5, Block 32 of Live Oak Hills Subdivision, and pay all closing costs, and that the City dismiss pending condemnation proceedings relating to such property upon closing such sale. Vote was unanimous. Motion Carried. ADJOURNMENT As there was no further action, Mayor Pro-Tern Wilenchik adjourned the meeting at 9:22 p.m. Hal Baldwin, Mayor ATTEST: B\~~ Gi\\Jn0J Brenda Dennis, TRMC, CMC City Secretary City Council Regular Mee.ting 238 August 12, 2008