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03-17-09 MINUTES REGULAR MEETING March 17, 2009 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on March 17, 2009 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 Michael Carpenter Councilmember Jim Fowler Councilmember David Scagliola Councilmember John Trayhan Councilmember Tony Wilenchik Staff Present: City Manager Don Taylor Assistant City Manager John Bierschwale Assistant City Manager David Hanis 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. Mayor Pro-Tern Carpenter gave the Invocation followed by the Pledges of Allegiance to the Flags ofthe United States and State of Texas. PRESENT A TIONS . Check presentation to Cancer Therapy & Research Center and recognition of winners from the First Annual Wilenchik Walk for Life held on Saturday, March 7, 2009. (J. Bierschwale) Mayor Baldwin recognized Councilmember Wilenchik, Valerie Wilenchik, and Assistant City Manager John Bierschwale who had a check for $27,015.75 which will be presented to CTRC. Mayor Baldwin recognized the various volunteers and presented them with a certificate of appreciation. . Presentation and consideration and/or action authorizing the proposed issuance of $6,600,000 general obligation bonds (from the 2006 Bond Election), setting a timetable for the proposed sale, authorizing the staff and financial advisor to begin preparing for the bond sale, and authorizing other matters related thereto. (Mark McLiney and Ryan Cunningham - Southwest Securities) Mayor Baldwin recognized Mr. Mark McLiney and Ryan Cunningham with Southwest Securities who gave a briefing on the proposed issuance of $6,600,000 in GO Bonds asking for Council directions as well as addressing their questions and concerns. After considerable discussion, it was the desire of the Council to have 3-10-09 Minutes Mr. McLiney proceed to issue the bonds on August 4, 2009 but if trends change, he would be back before that date to address Council. Mr. McLiney stated that he would also keep staff updated on how the market is proceeding. Mayor Baldwin recognized Mayor Pro-Tern Carpenter who moved, seconded by Councilmember Trayhan to move forward with the timetable of events as presented this evening for an August 4,2009 bond sale with September 9, 2009 bond closing. Vote was unanimous. Motion Carried. REPORTS . Project Report - Project status report regarding the Library and Recreation Center (L. Dublin) Mayor Baldwin recognized City Engineer Larry Dublin who provided a brief report and update on the Library and Recreation Center projects answering questions from Council. HEARING OF RESIDENTS Mayor Baldwin recognized the following citizens: . Christie Bourquin, Interim President/CEO Schertz Chamber of Commerce, who made the following announcements: Wednesday, March 18th at 5 pm - Ribbon Cutting and Grand Opening at La Quinta Inn & Suites on IH35. Thursday, March 19th 5:30-7:30 pm Schertz Chamber After Hours Mixer at Realty Executives Simmonds Group - 17331 IH35 (same shopping center as LongShotz). Wednesday, March 25th at 2 pm Ribbon Cutting -Pawderosa Ranch 120 Windy Meadows. Friday, March 27th 12:00 pm - Chamber Monthly Luncheon Schertz Civic Center - Speaker Jami Rasco, VP of Retail Banking Administration at Frost Bank. Subject Fraud: How to Protect Your Business. New Program The Schertz Chamber will be rolling out a useful and exciting educational business program in April on how to effectively market your business. This luncheon will be part of the Lunch on the Go series and will feature information on marketing in turbulent economic times. 3-17-09 Minutes Page - 2 - . Mr. Harry Whitney, 3625 Fox Run, who provide Council with photos and a petition from residents of Scenic Hills Community for the following to be taken up at a City Council Meeting as soon as possible: - Study by an independent hydrological engineer (Schertz expense) of the Pulte Development before any further work is done, with the rescinding of the approval of the development if recommended by that engineer; - Suspension of further development by Pulte until some storm drainage system can be completed and the retaining wall built now to prevent such further runoff requiring remediation in their community; - An examination of the storm drain to determine how much damage has occurred, with special emphasis on the sewer on Hillside Drive which has eroded further as a result of the runoff; - Repair and adoption of the Scenic Hills streets by the City of Schertz due to the runoff damage to those streets resulting from the City's approval of the Pulte project, and supervision of future cleanups. . Ms. Rosemary Grayson, 5213 Cabana Drive, stated how proud she is of the City, their staff and volunteers, for taking their time to assist citizens with their concerns. She went on to thank all the staff for their other activities within the City. . Mr. Vincent Huebinger and Chris Nixon representing Verizon Wireless who spoke regarding agenda Item 4, City of Schertz Tower Lease agreement with San Antonio MTA, L.P., D/B/A Verizon Wireless asking the City to consider a removal date of July 31,2009 instead of May 16, 2009. EXECUTIVE SESSION Called under Section 551.071 (Consultation with Attorney), Litigation, pending litigation; Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange, sale, lease, or value of real property. Mayor Baldwin recessed into executive session at 7:50 p.m. RECONVENE TO REGULAR SESSION Mayor Baldwin reconvened into regular session at 8:53 p.m. Discussion and/or Action Items 1. Minutes - Discussion and/or action regarding the approval of the minutes of the Regular Meeting of March 10,2009. 3-17-09 Minutes Page - 3 - Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Councilmember Scagliola to approve the minutes of March 10, 2009. Vote was unanimous. Motion Carried. 2. Ordinance No. 09-M-08 - Consideration and/or action amending the Code of Ordinances Chapter 50 Article IX Section 50-306 through Section 50-312 regulations of Graffiti in the City of Schertz. Final Reading (B. Todd) Mayor Baldwin recognized City Marshal Beverly Todd who introduced this item stating that no changes have been made since first reading. Mayor Baldwin recognized Councilmember Wilenchik who moved, seconded by Councilmember Trayhan to approve Ordinance No. 09-M-08 final reading. Vote was unanimous. Motion Carried 3. Ordinance No. 09-F-09 - Consideration and/or action approving an ordinance revising the rates for Bexar Waste. Final Reading (J. Bierschwale) Mayor Baldwin recognized Assistant City Manager John Bierschwale who introduced this item stating that nothing had changed since first reading. Mayor Baldwin recognized Mayor Pro-Tern Carpenter who moved, seconded by Councilmember Wilenchik to approve Ordinance No. 09-F-09 final reading. Vote was unanimous. Motion Carried 4. Resolution No. 09-R-14 - Consideration and/or action approving a resolution authorizing a City of Schertz Tower Lease Agreement with San Antonio MT A, L.P., D/B/ A Verizon Wireless, and other matters in connection therewith. (Spain/Cantu) Mayor Baldwin recognized City Attorney Michael Spain who introduced this item stating that the City has received comments from the Verizon representative asking to grant more time to become operational on the water tank. Mr. Spain stated that after executive session, an offer of providing 30 additional days for the operational requirement of the water tank in exchange for the deletion of the rent abatement was made to Verizon and it was acceptable, as he understood. Mayor Baldwin recognized Mr. Chris Nixon who came forward stating that they really need until July 3l, 2009 due to their scheduling timeline. After further Council discussion, Mayor Baldwin recognized Councilmember Wilenchik who moved, seconded by Councilmember Trayhan to approve Resolution No. 09-R-14 with the additional 30-day extension in exchange for the deletion of the rent abatement. Vote was unanimous. Motion Carried ReQuests and Announcements 5. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 3-17-09 Minutes Page - 4 - Mayor Baldwin recognized Council member Fowler who stated that the Ashley Place HOA would like to discuss the sale of the 2 acres on Schertz Parkway, and requested this to be placed on a future agenda to be discussed. City Attorney Michael Spain briefed the Council on this item stating that he would be updating the Council next week regarding the outcome ofthe HOA meeting. Mayor Baldwin recognized Councilmember Trayhan who asked if it was necessary to place an item on a future agenda to address Mr. Whitney's concern regarding Scenic Hills. City Manager Don Taylor stated that this issue has been addressed with the HOA; Pulte responded quickly to the HOA's concerns and at this time, there are no other issues. Mayor Baldwin asked if an item could be placed on the next agenda authorizing the City Manager to sign an access agreement with Southwestern Freight Lines Inc., to conduct a GEO technical test related to utility relocation along FM 3009. 6. Requests by Mayor and Councilmembers to City Manager and Staff for information No requests were noted. 7. Announcements by Mayor and Councilmembers . 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 . Upcoming City Council agenda items Mayor Baldwin recognized Councilmember Scagliola who stated the pavilion project is coming along nicely especially with the rocks along the piers and gave kudos to George Logan on overseeing the project. Councilmember Scagliola also noted that the Farmers Market was out there and it looked to him they had good produce and announced next week they will have strawberries. 8. Announcements by City Manager . Recognition of City employee actions . New Departmental initiatives Mayor Baldwin recognized Assistant City Manager David Harris who stated San Antonio is considering the San Antonio ETJ release over the next few months. Should be going to San Antonio City in June. He gave kudos to Misty Nichols for assisting in this project. 9. Take any action deemed necessary as a result of the Executive Session No action taken. 3-17-09 Minutes Page - 5 - ADJOURNMENT As there was no further action, Mayor Baldwin adjourned the meeting at 9: 1 0 p.m. , ayor m \C~~(, C4e pt(.rH"~2- ATTEST: ~~~a~lD Brenda Dennis, TRMC, CMC City Secretary 3-17-09 Minutes Page - 6 -