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02-10-09 MINUTES REGULAR MEETING February 10, 2009 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on February 10, 2009 at 6:30 p.m., in the Municipal Complex Council Chambers, l400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to-wit: Mayor Hal Baldwin Mayor Pro-Tern Michael Carpenter Councilmember Jim Fowler Councilmember David Scagliola Councilmember John Trayhan Councilmember Tony Wilenchik Staff Present: City Manager Don Taylor City Attorney Michael Spain Assistant City Manager John Bierschwale 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. Councilmember Fowler gave the Invocation followed by the Pledges of Allegiance to the Flags of the United States and State of Texas. PRESENTATION . Good Samaritan Certificate - Michael Voight Mayor Baldwin recognized Michael Voight and presented a certificate of appreciation for being a Good Samaritan. Chief Starr presented a pen and coin from the Schertz Police Department. Mayor Baldwin thanked Michael for being a great example to the young adults of Schertz. . Mark Roberts - Auto Collision regarding electronic signs Mayor Baldwin recognized Mr. Mark Roberts owner of Auto Collision in Schertz who came forward thanking the Council for allowing electronic signs and explaining how it has increased his business. Mayor Baldwin thanked Mr. Roberts for giving back to the community. REPORTS . Red Light Camera Update and Status - Presentation/Discussion and/or action regarding the status and update on the Red Light Camera. (S. Starr/M. Bane) 2-10-09 Minutes Mayor Baldwin recognized Captain Bane who introduced this item briefing the Council with a PowerPoint updating and reporting the status on the Red Light Camera issues. Captain Bane stated that an intersection approach must be selected based on traffic volume, history of accidents, number or frequency of red light violations at the intersection, and similar traffic engmeenng and safety criteria, without regard to the ethnic or socioeconomic characteristics of the area in which the approach is located. The local authority shall install signs along each roadway that leads to an intersection at which a photographic traffic signal enforcement system is in active use. The signage must clearly indicate the presence of a photographic monitoring system that records violations that may result in the issuance of a notice of violation and the imposition of a monetary penalty. Captain Bain further stated that the problem with the state regulation is that a person commits an offense (Class A misdemeanor) if the person uses a photographic traffic signal enforcement system to produce a recorded image other than in the manner and for the purpose intended. Mayor Baldwin recognized Assistant City Manager John Bierschwale who stated that staff recommends to not pursue this issue and put it to rest. Council concurred. HEARING OF RESIDENTS Mayor Baldwin the following citizens: . Ken Greenwald, 205 Westchester, who spoke against the Light rail issue and provided a copy of a recent article. . Robert Brockman, 1000 Elbel Road, who requested that the City provide a map of the various city buildings to citizens. City Manager Don Taylor stated that the City is working on this project. Mr. Brockman also addressed Council regarding plans for building a pavilion and questions the size, which he believes is not a large enough facility for the City. . Robert Mc Mahon 6100 Covers Cove, who addressed the Council on the following: - Construction Trucks Speeding on Covers Cove and a request for the Police department to place the "Your speed limit is" sign - Drainage in street/water standing in street and at the community mailbox - Questions if the state subdizes our police department for monitoring IH 35 because he sees patrol vehicles there quite frequently. Discussion and/or Action Items 1. Minutes - Discussion and/or action regarding the approval of the minutes of the regular meeting of February 3,2009. Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by Councilmember Fowler to approve the minutes of February 3, 2009. Vote was unanimous. Motion Carried. 2-10-09 Minutes Page - 2 - 2. Resolution No. 09-R-03 - Discussion and/or action creating and providing initial funding to the Hal Baldwin Scholarship, creating the Hal Baldwin Scholarship Committee, and appointing members to that committee. (D. Taylor/M. Spain) Mayor Baldwin recused himself and turned the meeting over to Mayor Pro-Tern Carpenter. Mayor Pro-Tern Carpenter recognized City Attorney Michael Spain who introduced this item stating that Pursuant to Article II, Section 2.01 of the City Charter, the City has the power and authority to promote and maintain good government and advance the interests of its inhabitants. He further stated it has been proposed that the City Council (a) create the Hal Baldwin Scholarship to honor Mayor Hal Baldwin for his many years of public service to the City of Schertz by awarding deserving graduating high school seniors who live in the City of Schertz who desire to pursue a career in public service and (b) establish an advisory committee to assist the City Council with the Scholarship. It will cost the city $1,000 the first year, donations have already come in to cover this. Councilmembers discussed this item and concurred it is was a great project giving an opportunity to educate our youth regarding city government and had questions answered regarding funding and donations. Mayor Pro- Tern Carpenter recognized Councilmember Scagliola who moved, seconded by Councilmember Trayhan to approve Resolution No. 09-R-03. Vote was unanimous. Motion Carried. Mayor Baldwin returned to the dais. 3. Resolution No. 09-R-07 - Discussion and/or action regarding approval of a resolution authorizing an Alamo Region Public Safety Shared Service Interlocal Agreement with the City of San Antonio, Bexar County, and Bexar Metro 9-1-1 Network District. (M. Spain) Mayor Baldwin stated this item had been pulled and would be brought back to Council at another time. No action taken. 4. Resolution No. 09-R-08 - Discussion and/or action regarding approval of a resolution authorizing a City of Schertz Tower Lease Agreement with Sprint Spectrum, LP. (M. Spain) Mayor Baldwin recognized City Attomey Michael Spain who introduced this item stating the City's designated representative, Charmain Sanchez, has negotiated a five-year telecommunications antenna lease (with three possible five-year extensions) with Sprint Spectrum, LP at the City's water tank site at 1057 Live Oak Road. Annual rental to be paid to the City in the amount of $24,000 in the first year, with annual to the Tower Lease Agreement, plus a one-time capital recovery payment to the City of$6,000. 2-10-09 Minutes Page - 3 - Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Councilmember Scagliola to approve Resolution No. 09-R-09 with the correction noted. Vote was unanimous. Motion Carried. 5. Ordinance No. 09-S-07 - Conduct a public hearing and discussion and/or action approving an ordinance to rezone 2.19:1: acres of land out of the Genobra Malpaz Survey No. 67, Abstract No. 221 from Single-Family Residential District-2 (R-2) to General Business District (GB). The property is located approximately 966 feet east of the intersection of FM-3009 and 220 feet south of FM-78 (John E. Peterson Blvd.). First Reading (M. Nichols) Mayor Baldwin recognized Misty Nichols, Planner I, who introduced this item stating the purpose of this hearing is the applicant would like to make the General Business Zoning deeper to allow for appropriate traffic flow and space for the proposed businesses. The applicant is still considering how he might develop the remaining 35.42 acres realizing he has the Dietz Creek and its Floodway to consider. The Zoning exhibit reflects. a proposed 120-foot right-of-way that is identified on our Master Thoroughfare Plan meant to extend FM-3009 to IH-lO. This extension has been determined by the City that is not economically feasible and would impact several residents, the Sewer Treatment plant (CCMA) and would require bridges over the Dietz Creek. The Future Land Use Map 3 identifies this area to be developed commercial. Planning and Zoning approved this request on January 28, 2009. Fiscal impact of increase tax revenue after development is complete. Mayor Baldwin opened the public hearing and, as no one spoke, closed the public hearing and recognized Councilmember Trayhan who moved, seconded by Councilmember Scagliola to approve Ordinance No. 09-S-07 first reading with corrections noted. Vote was unanimous. Motion Carried. ReQuests and Announcements 6. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Mayor Baldwin recognized Councilmember Fowler who asked when the Fire Break issue would come to Council. Assistant City Manager John Bierschwale stated that this item would be on the next agenda for council discussion. 7. Requests by Mayor and Councilmembers to City Manager and Staff for information No requests were noted. 8. Announcements by Mayor and Councilmembers ., . 2-10-09 Minutes Page - 4 - . City and community events attended and to be attended . City Council Committee and Liaison Assignments (see assignments below) . Continuing education events attended and to be attended . Recognition of actions by City employees . Recognition of actions by community volunteers Mayor Baldwin recognized Councilmember Scagliola who stated he attended the following events: - Wednesday and Thursday February 4th and 5th the Trail riders and Kerr Trail Riders were in town at the Pickrell Park Pavilion and served stew. - Saturday, February ih at the Civic Center, the Guadalupe Master Gardner's Class and stated that KOAI had someone broadcasting live from the Civic Center. Mayor Baldwin stated that he and members from the Schertz Seguin Local Government met this week with the Executive Director and President of the Board and some of their attorneys from SAWS stating it was a very fruitful meeting to work together to resolve issues. 9. Announcements by City Manager . Recognition of City employee actions . New Departmental initiatives . Upcoming City Council agenda items No announcements. ADJOURNMENT As there was no further action, Mayor Baldwin adjoume ATTEST: a~ QK\~~~ Brenda Dennis City Secretary 2-10-09 Minutes Page - 5 -