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04-21-09 MINUTES REGULAR MEETING April 21, 2009 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on April 21, 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 David Harris Assistant City Manager John Bierschwale City Attorney Michael Spain City Secretary Brenda Dennis CALL TO ORDER REGULAR MEETING Mayor Pro-Tern Carpenter 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. INTRODUCTIONS . Introduction of new employee (City Manager Office) Mayor Pro-tern Carpenter recognized City Manager Don Taylor who introduced new employee Sarah Gonzalez stating Sarah started her career with the City as Administrative Assistant II in the Public Works Department in August 2008. She transferred over to the City Manager's Office in March 2009 and is now the Executive Administrative Assistant to the City Manager. Members of Council welcomed Sarah, PRESENT A TION . Schertz Police Department Promotions. (Chief Starr) Mayor Pro-Tern Carpenter recognized Chief Starr who introduced Sergeant Steve Solitto and Corporal Martin Trevino an announced their recent promotions. Councilmembers congratulated them on their promotions. Mayor Baldwin arrived at 6:36 p.m. 4-21-09 Minutes . Schertz Sweetheart Court - Fiesta Medal Presentation (E. Matlock) Mayor Pro-Tern Carpenter recognized Media Specialist Brad Bailey, IT Specialist and Sweetheart Court Committee Member Michele Kelso and Economic Development Specialist Court and Sweetheart Committee Member Erin Matlock who introduced the Schertz Sweetheart Court members; members presented Mayor, Council and staff with a Fiesta Medal. Mr. Bailey stated for the first time ever, the Schertz Sweethearts would be participating in the Fiesta Flambeau Parade. This parade has been nicknamed the "People's Parade" for a very good reason. It is enjoyed by more than 500,000 people along its route, as well as another 1.5 million watching on TV. The parade streams through the streets of beautiful downtown San Antonio as it makes its 2.6 mile trek. Please plan on joining us on April 25, 2009 at 8:00 PM as we light up beautiful downtown San Antonio. Our theme will be "Flambeau - Vegas Style". Viva Fiesta! ! ! HEARING OF RESIDENTS Mayor Baldwin recognized the following who expressed their concerns regarding the sale of the Northc1iffe Golf Course: . J on Hampton, 4012 Cypress Court . Bob Catalano, owner ofthe Northc1iffe Golf Course . Todd Causey, General Manager ofNorthciffe Golf Course . Jim Stadler, 5112 Eagle Valley . Steve Martinez, 3761 Pebble Beach . Debi Martinez, 3761 Pebble Beach . Jonathan McBride, 5108 Eagle Valley .. Mariel Gabriel, 3409 Whisper Manor . Jack Mitchell, 3413 Sherwin Drive . Terry Wells, 5708 Tuckatoe . Doris Thompson, 3450 Whisper Haven Mayor Baldwin recognized Ruth Tienor, Chair of the Library Advisory Board who presented the Council with a pencil holder, a new fundraising item made from the scraps of the wood being placed on the new Library. Ms. Tienor stated citizens can purchase the pencil holders and proceeds from the sale will go toward the new Library. Mayor Baldwin recognized Abdoh Azzoz "Grumpy" who came forward thanking the City Council and staff for all they do supporting the citizens of Schertz. He especially thanked Brad Bailey for the work he does on Schertz Tales. Discussion and/or Action Items Mayor Baldwin stated that he would like to move to agenda Item 6; Council concurred. 6. Northcliffe Golf Course - Discussion and/or action regarding Northc1iffe Golf Course. (D. Taylor) 4-21-09 Minutes Page - 2 - Mayor Baldwin recognized City Manager Don Taylor who introduced this item explaining the possibilities the City and citizens have to purchase the Golf course. He provided numbers for acquisition and operating a municipal golf course, as well as explained what it would do to the current tax rate. Mayor Baldwin recognized Councilmember Scagliola who provided his thoughts regarding the issue. In consolidation three issues were noted: 1. Zoning, 2. Ownership and 3. Partnership. Councilmember Wilenchik agreed with Councilmember Scagliola and provided a few more comments stating that he is totally committed to finding a resolution but has two criteria: #1 it must be legal and #2 it must be fiscally responsible and viable position. He mentioned that he had received numerous emails and phone calls regarding the Golf Course not selling memberships, if this is true then there is a disconnect that needs to be explored. Mayor Baldwin recognized Councilmember Fowler who stated that the Council has looked at what the City could do to help the golf course survive, how could the city be creative in funding and be legal? Is the City willing to raise taxes? Mayor Baldwin recognized Mayor Pro-Tern Carpenter who stated that his colleagues were correct in that a public/private partnership makes the most since in this situation it would be difficult for the city to take on the golf course. He further stated his colleagues recently committed to spending $50,000 a year here to sit on a rail district board so that we can have a say in whether we can have a rail stop on the other side of 35 and believes that only 5% of the citizens would utilize a rail stop and believes that this money should be used on a golf course. Mayor Baldwin's position is this, he is a golfer and it would be a terrible waste to lose the golf course. He asked George Logan, Parks & Recreation Director to come forward to speak regarding municipal golf courses. Mayor Baldwin stated that in his opinion the City should create a municipal golf course. Mr. Logan stated that in his experience, municipal golf courses barely break even but most of the cities that have municipal golf courses have to subsidize 15 to 20% of the maintenance and operations. Mayor and Councilmembers expressed further views, concerns and possible ideas of how to maintain the Northc1iffe Golf Course here in City. All agreed to do what is legal to keep the property as a golf course but reiterated what the City can and cannot do. Mayor Baldwin recognized Bob Catalano, owner of the Northc1iffe Golf Course who provided information to Council and Citizens on the Golf Course stating that he is losing money running the golf course. Mayor Baldwin recognized the General Manager Todd Causey who stated that there are 2500 homes in the area and that only 125 homeowners utilize the golf course. He stated that they have tried to raise memberships, but received negative feed back, what they are asking for is that the other 80% ofthe homeowners out there step up and help with the golf course. 4-21-09 Minutes Page - 3 - Mr. Catalano stated that on April 30, 2009 at 7:00 p.m. he would be hosting a meeting at the Clubhouse. He encouraged the residents to come and bring their ideas as to how to save the golf course. Mayor and Council concurred asking that the residents pick six individuals to meet and work with the City Manager on this issue, encouraged everyone to attend the upcoming meeting with Mr. Catalano and work together to come up with possible solutions. Mayor Baldwin recognized City Attorney Michael Spain who addressed Council and citizens regarding the legal issues of zoning. He also provided his thoughts regarding a bond committee. Mayor and Council suggested that the owner, staff and citizens work together on ways to save the golf course and tasked Staff to research the possibilities of it becoming a municipal golf course and what the impact would be to all citizens. Mayor and Council stated that one possible solution would be to place it as a bond issue, which would need to be brought forth to all the citizens for a vote. Mayor Baldwin calledfor a briefrecess at 8:17p.m. Mayor Baldwin reconvened the meeting at 8:30 p.m. 1. Minutes - Discussion and/or action regarding the approval of minutes of the April 14, 2009 regular meeting. Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by Councilmember Trayhan to approve the minutes of the Regular Meeting of April 14,2009. Vote was unanimous. Motion Carried. 2. Presentation regarding the upcoming 4th July Schertz Jubilee - Presentation and discussion and/or action regarding the upcoming 4th July Schertz Jubilee. (1. Bierschwale) Mayor Baldwin recognized Assistant City Manager John Bierschwale who introduced this item with a brief PowerPoint regarding the plans being made for the 34th Annual Schertz Jubilee. Mr. Bierschwale stated that the Schertz Park & Recreation Foundation would be running the event this year. Music and Entertainment is scheduled starting July 2 through July 5th. The Jubilee parade route will start down Schertz Parkway to Main Street and on to Pickrell Park for opening ceremonies. Applications are being accepted for entries: Non-Profits free, Business Entries $25.00 and late entries $35.00. VIP seating at Schertz Bank & Trust and the VIP invitations will be coordinated by EDC. The Emcee is still to be determined at this time. Opening ceremonies will start on July 4th at 12:00 p.m., at Pickrell Park Pavilion. New idea for this year is a BBQ Ribs Cook-off, $25.00 registration and award will be given to the 1 S\ 2nd and 3rd place winners. Sponsorships include: Title Sponsor - $25,000 4-21-09 Minutes Page - 4 - . Jubilee & Schertz Fest overall naming rights . Named in All Advertising and venues (Billboard included if arranged by May 5) - for posters sponsorship must be confirmed by May 20, 2009 . Named in All press releases . Half Page Schertz Tales Article . Once Built Schertz Plex will have sponsorship plaque in your name . Post-Event Plaque Presentation at Schertz City Council meeting Red Sponsor - $12,500 . Named in All Advertising and venues (Excluding Billboard on I-35) - for posters sponsorship must be confirmed by May 20, 2009 . One Night Carries your Company's name . Named in All press releases . Half Page Schertz Tales Article . Once Built Schertz Plex will have sponsorship plaque in your name . Post-Event Plaque Presentation at Schertz City Council meeting White Sponsor - $5,000 . Named in All Advertising and venues (Excluding Billboard on I-35) - for posters sponsorship must be confirmed by May 20, 2009 . Named in All press releases . Mentioned in Articles about Jubilee produced by Schertz Tales Magazine . Once Built Schertz Plex will have sponsorship plaque in your name . Post-Event Plaque Presentation at Schertz City Council meeting Blue Sponsor - $2,500 . Named in Advertising in Schertz Tales Magazine - for posters sponsorship must be confirmed by May 20, 2009 . Named in All Press Releases . Mentioned in Articles about Jubilee produced by Schertz Tales Magazine . Post-Event Certification Presentation at Schertz City Council meeting Mr. Bierschwale further stated that the proceeds of the beer sales would be split between the Parks Foundation and Library. Staff will be bringing forward further information. 5. Ordinance No. 09-M-12 - Consider an Ordinance 09-M-12 amending City of Schertz Park Curfew Hours. (G. Logan) Mayor Baldwin recognized Parks Director George Logan who introduced this item stating action would amend curfew hours for City Parks from 11 :00 pm to 8:00 am to 11 :00 pm to 6:00 am. Members of Council addressed lighting and Mr. Logan stated that he is on top of the issue. 4-21-09 Minutes Page - 5 - Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Councilmember Scagliola to approve Ordinance No. 09-M-12. Vote was unanimous. Motion Carried. PUBLIC HEARING/ORDINANCE 7. Ordinance No. 09-S-11- SUP 2009-001 Conduct a public hearing, consideration and/or action upon a request for a Specific Use Permit of 1.00::!:: acres land being of Lot 19, Block 2 of the Windy Meadows Subdivision to allow the use of Southwest Fire Protection office/warehouse facility in the General Business-2 zoning district (GB-2) located at the 144 Windy Meadows Dr. First Reading (M. Nichols/L. Wood) Mayor Baldwin recognized Planning Technician Lisa Wood who introduced this item answering questions from Council. Ms. Wood stated this commercial lot is affected by the Air Installation Compatible Use Zone (AICUZ) (APZ-1) and is required to obtain a Specific Use Permit (SUP) in accordance with the Unified Development Code (UDC). The purpose of the SUP process for this project is to ensure compatibility with the Randolph AICUZ Study. Mayor Baldwin opened the public hearing, and as no one spoke; closed the public hearing. Mayor Baldwin recognized Councilmember Wilenchik who moved, seconded by Councilmember Scagliola to approve Ordinance No. 09-S-11 first reading. Vote was unanimous. Motion Carried. BOARDS/COMMISSIONS 8. Appointment/Reappointment to Boards and Commissions/Committees - Consideration and/or action regarding appointments/reappointments to Boards and Commission/Committees. . J oAnn Doan - Housing Authority Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Councilmember Wilenchik to approve the appointment of JoAnn Doan. Vote was unanimous. Motion Carried. 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 recessed into executive session at 8:52 p.m. 4-21-09 Minutes Page - 6 - RECONVENE TO REGULAR SESSION Mayor Baldwin reconvened into Regular Session at 9:20 p.m. 6. Take any additional action deemed necessary as a result of the Executive Session Mayor Baldwin recognized Councilmember Fowler who moved, seconded by Mayor Pro-Tern Carpenter for approval of (1) an easement with San Antonio Two Ltd., for a portion of the Town Creek sewer line and (2) a release of easement Agreement relating to an easement granted to the City in 1992 by Mr. Chuck Forbes. Vote was unanimous. Motion Carried. ReQuests and Announcements 7. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No requests were noted. 8. Requests by.Mayor and Councilmembers to City Manager and Staff for information Mayor Baldwin recognized Councilmember Scagliola who asked that staff contact the Media Relation Department of the Census Bureau, get information, and provide this information in the upcoming Schertz Tales regarding individuals of the Census Bureau coming into their neighborhoods to collect census data. 9. 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 None were noted. 10. Announcements by City Manager . Recognition of City employee actions . New Departmental initiatives None were noted. ADJOURNMENT As there was no further action, Mayor Baldwin adjourned the meeting at 9:26 p.m. 4-21-09 Minutes Page - 7 - r ATTEST: '" ~~' \....A....A.../ enda Dennis, TRMC, CMC City Secretary 4-21-09 Minutes Page - 8 -