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10-27-09 MINUTES REGULAR MEETING October 27, 2009 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on October 27, 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-Tem Jim Fowler Councilmember David Scagliola Councilmember John Trayhan Councilmember Michael Carpenter Staff Present: City Manager Don Taylor Assistant City Manager David Harris City Attorney Jaime French 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-Tem Fowler gave the invocation followed by the Pledges of Allegiance to the Flags of the United States and State of Texas. Mayor Baldwin recognized Commissioner Wolverton who was in the audience this evening. INTRODUCTIONS • Introduction of new employees (Parks, Fire, Public Works, Facility Maintenance) Mayor Baldwin recognized Fire Chief David Covington who introduced new Firefighter John Inglis. John Inglis thanked the Mayor and Council for the opportunity. Mayor Baldwin recognized Street Supervisor Doug Ledbetter who introduced new Street Sweeper Operator II Mike Columbo. Mr. Ledbetter also mentioned Eric Shedrock and Evan Gonzales who are new in the Drainage Department. Mayor Baldwin recognized Water/Waste Water Supervisor Eber Busch who introduced new employees Serviceman I James Smith, Ronnie Tooker and Bryan Chellino who are new in the Water Department. PRESENTATIONS 10-27-09 Minutes • Cibolo Creek Watershed Feasibility Study Update (Steve Graham and Rob Newman- San Antonio River Authority) Mayor Baldwin introduced Mr. Steve Graham and Mr. Rob Newman with the San Antonio River Authority who gave a PowerPoint presentation on the Cibolo Creek Watershed Feasibility Study. Mayor Baldwin made mention about a problem at the railroad bridge. He stated that the water going underneath the bridge rises at a very fast level and spills over causing flooding. Mayor Baldwin also stated that since the Flood in 98 the railroad has dumped several size boulders and rocks at the base in which he believes that this has added to the danger of more flooding potential to the residents. He requested that they address this issue. Mayor Baldwin inquired if the Core of Engineers was monitoring this and who is responsible for possibly raising the bridge. Mr. Newman stated that he is 99% sure that bridges are permitted under the Coast Guard of Section 10 of the Rivers and Harbor Act. City Manager Don Taylor stated that it was his understanding that under Section 10 all bridges that come under the United States Railroad Service Act goes back to the Core of Engineers and must have approval before they do anything and must file for a permit. Mr. Newman concurred and stated that he would like to see that the bridge was raised. Mayor Baldwin recognized Mayor Pro-Tem Fowler who stated is there any discussion in putting in an alarm system or electronic devices to monitor the flooding. Mr. Newman stated that they have not but could put this into the feasibility study and added that there are federal funds available for this. Mayor Baldwin and City Manager Don Taylor stated that the City has already requested this. HEARING OF RESIDENTS Mayor Baldwin recognized the following citizens: • Carl Douglas, 2550 Woodland Village Place, who spoke regarding agenda item #2. • John Lougher, 2505 Cabana Drive, who spoke regarding the drainage and excessive water from Lowes. • Rosemary Grayson, 5213 Cabana Drive, who spoke regarding the drainage and water from Lowe's. Mayor Baldwin and Councilmembers requested that an item be placed on the next agenda for discussion of the drainage issues raised. 1. Minutes -Consideration and/or action regarding the approval of the minutes of the Regular Meeting of October 13, 2009. Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Councilmember Scagliola to approve the minutes of the regular meeting of October 13, 2009. Vote was unanimous. Motion CaNried. 10-27-09 Minutes Page - 2 - 2. Iaesolution No. 09-Ia-51 - Labrary Surplus -Consideration and/or action approving a resolution regarding disposition of surplus Library property. (D. Harris) Mayor Baldwin recognized Assistant City Manager David Hams who introduced this item stating that the City owns certain surplus scrap equipment from the old Library facility. Competitive bidding is not required for the sale of surplus City personal property. Baptist University of the Americas, anon-profit corporation, proposes to buy certain surplus Library equipment in the amount of $225.00. Mayor Baldwin recognized City Manager Don Taylor who explained the process of surplus items. Mayor Baldwin stated that he had received a Conflict of Interest Statement from Mayor Pro-Tem Fowler and that he would be abstaining from discussion and voting on this item this evening. Mayor Baldwin recognized Councilmembers Carpenter and Trayhan who expressed their views regarding the process of not getting this information out to the public and understands that the value of the items are negligible. Councilmember Carpenter requested that in the future these types of items are made available to the public. Councilmember Carpenter stated the reason he will be approving this item this evening is that there is no reason the City needs to spend money for advertising in this case since the items are of negligible value. Mayor Baldwin and Councilmember Scagliola stated their views with not having an issue with the proposed purchase by the University. City Manager Don Taylor stated that future items would be placed in the City auction. Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Councilmember Scagliola to approve Resolution No. 09-R-51. The vote was 2-1-1 with MayoN Pro-Tem Fowler abstaining CouncilmembeY Trayhan voting no. Motion Failed 3. Ordinance No. 09-D-41 -Consideration and/or action approving Ordinance No. 09- D-41 revising Chapter 86 by adding Section 86-119, Maximum Limits in City Parks; providing a repealing clause and providing an effective date. Final Reading (G. Logan/C. VanZandt) Mayor Baldwin recognized Parks Director George Logan who introduced this item stating that nothing had changed since first reading. He mentioned that today was Sandy Bryant's birthday and everyone sang Happy Birthday to her. Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Councilmember Scagliola to approve final reading of Ordinance No. 09-D-41. Vote was unanimous. Motion Carried. ` 4. Lone Star Pet Economic Impact report on grant expansion -Discussion and Consideration and/or action regarding EDC or City of Schertz authorizing a grant expansion. (Item requested by Mayor Pro-Tem Fowler) Mayor Baldwin recognized Mayor Pro-Tem Fowler who stated that he had asked for this item to be placed on the agenda for discussion. Mayor Baldwin introduced 10-27-09 Minutes Page - 3 - Economic Development Director George Antuna who introduced this item answering questions from Council. Mr. Antuna stated 414 Partnership Ltd (DBA: Lone Star Pet Supply) is going through a $2 million expansion of their distribution t center, which will add five full time employees to the payroll. The estimated additional payroll is $125,000 for all five. Furthermore, due to the expansion additional water pressure will be required for their fire suppression system to protect the structure and inventory. Unfortunately, there is not sufficient water pressure (PSI) at their site and they will need to purchase a $60,000 water pump to bring the PSI to 65 or better. According to Public Works on a "good day", the PSI will be at 65, but on a "bad day", it will go down to 60. They do sit on a hill, which is the reason for the "low" PSI, and their insurance company is requiring them to have a consistent level of 65 or better. The water pump will offer the relief they need, and would like City and/or SEDC support on this matter. Lone Star Pet Supply has been in Schertz since 1998, and one of the original Tri- County Park tenants. They did have a tax abatement that expired after five years in 2003. Mr. Antuna stated that this item is up for discussion on November 18, 2009 with, the Economic Development Corporation. Mayor Baldwin and Councilmembers expressed their concerns that this item is coming to Council before it was presented to the Economic Development Corporation. Mayor and Councilmembers deferred this item to the Economic Development Corporation. No action taken by Council. 5. Resolution No. 09-R-52 -Consideration and/or action approving a resolution amending Resolution 08-R-36 City of Schertz Fee Schedule to amend the rates for bulk water and water metered by a Fire Hydrant. (S. Willoughby/C. Spence) Mayor Baldwin indicated that this item had been pulled from the agenda. 6. City Council Boards and Commissions and External Organizations -Discussion and consideration and/or action regarding the City Council's roles and responsibilities on various Boards and Commissions as well as external organizations. (Council) Mayor Baldwin and Councilmembers discussed the pros and cons of having Council Liaisons to the various boards and commissions. Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Councilmember Trayhan that there be no sanctioned liaison assignment of any single Councilmember to any Boards Commissions or Committees within the city. Vote was 2-2-0 with Counilmember Scagliola and Mayor Pro-Tem Fowler voting no. Since there was a tie vote, Mayor Baldwin voted for the item breaking the. tie and the final vote was 3-2-0. Motion Carried 10-27-09 Minutes Page - 4 - 7. Boards and Commission Alternates -Consideration and/or _ action appointing alternates to the various boards and commissions. (Don Taylor (Item requested by Councilmember Scagliola/Carpenter) City Attorney Jaime French introduced this item stating the Council had received a report from the City Attorney in which it stated: Board of Adjustments Section 8.02 of the City Charter creates the Board of Adjustment (the "BOA") but does not set the number of members. Section 211.008(b) of the Texas Local Government Code provides that there must be at least 5 members on a board of adjustment. The City Council has authorized 5 members for the BOA, and in accordance with Section 21.3.4 of the Unified Development Code and Section 211.008(c) of the Texas Local Government Code, the City Council has named 2 alternate members to serve in the absence of one or more regular members. By BOA policy, the alternate members of the BOA alternate serving in place of an absent regular member. Recommendation: No additional alternate members are necessary. No action is recommended. Planning and Zoning Commission The Planning & Zoning Commission ("P&Z") is created by Section 8.01 of the City Charter with 5 or more members determined and appointed by City Council. The number of P&Z members is not mentioned in Section 21.3.3. of the Unified Development Code (the Section describing P&Z), but the City Council has by separate ordinance provided for 7 members of P&Z. There is no provision in either State law (Section 211.007 of the Texas Local Government Code generally describes a "zoning commission") or the City Code or the UDC providing for alternates, but, since no law prohibits alternates in this City commission, I believe that City Council could by ordinance provide for alternates. Recommendation: Consider providing for two alternate members. If City Council concurs, this will require preparation of an ordinance for a subsequent City Council meeting. Schertz Economic Development Corporation The Schertz Economic Development Corporation (the "SEDC") is a special type of non-profit corporation formed under the Development Corporation Act with 7 directors appointed by City Council. Unlike the BOA and P&Z, the SEDC is a separate legal entity from the City. There is no provision for there to be alternate directors. Recommendation: Texas law does not permit alternate directors. No action is recommended TIRZ Board The board of directors of Reinvestment Zone Number Two, City of Schertz, Texas (the "TIRZ") is composed of 11 members who are appointed by agreement among the City (which appoints 6 directors), Bexar County (which appoints 2 directors), and the San Antonio River Authority (which appoints 1 director). In addition, under Chapter 311 of the Texas Tax Code (the "Tax Code") pursuant to which the TIRZ is formed, an additional director is named by each of the State Representative 10-27-09 Minutes Page - 5 - and the State Senator for the area of the TIRZ. Unlike the BOA and P&Z, the TIRZ is a separate legal entity from the City. There is no provision in the Tax Code for there to be alternate directors. Recommendation: Texas law does not permit alternate directors. No action is recommended. Schertz Housing Authority The Schertz Housing Authority (the "Authority") is formed under the Housing Authorities Law, Chapter 392 of the Texas Local Government Code (the "Housing Act"). Under the Housing Act, the City Council may appoint 5, '7, 9, or 11 commissioners to serve on the Authority's board. The City Council has established a board of 5 commissioners for the Authority. Unlike the BOA and P&Z, the Authority is a separate legal entity from the City. The Housing Act does not provide for there to be alternate commissioners. Recommendation: Texas law does not permit alternate directors. No action is recommended. Transportation Safety Advisory Commission The Transportation Safety Advisory Commission was established by the City Council in 2005 with 9 members. In 2008, the City Council provided for up to 3 alternates. Two of those alternate positions are currently filled. Recommendation: Reduce permitted alternate members to two. If City Council concurs, this will require preparation of a resolution for a subsequent City Council meeting. subsequent City Council meeting. Schertz Library Advisory Board The Schertz Library Advisory Board is composed of 12 voting members, with no alternate members. The City Council could authorize alternates. Recommendation: Provide for two alternate members. If City Council concurs, this will require preparation of a resolution for a subsequent City Council meeting. Schertz Youth Commission The Schertz Youth Commission was established by the City Council in 2005 with 13 members. The City Council has not authorized alternate members, but it could do so. Recommendation: Provide for two alternate members. If City Council concurs, this will require preparation of a resolution for a subsequent City Council meeting. Schertz Historical Preservation Committee The Schertz Historical Preservation Committee was established by the City Council in 2006 with up to 14 members. The City Council has appointed 14 members. The City Council has not authorized alternate members, but it could do so. The Committee does have non-voting "associate" members. Recommendation: Delete "associate" members and provide for two alternate members. If City Council concurs, this will require preparation of a resolution for a subsequent City Council meeting. 10-27-09 Minutes Page - 6 - Parks and Recreation Advisory Soard The Parks and Recreation Advisory Board was established by the City Council in 2006 with 9 members appointed by the City Council. The City Council has not provided for alternate members, but it could do so. Recommendation: Provide for two alternate members. If City Council concurs, this will require preparation of a resolution for a subsequent City Council meeting. Animal Care Advisory Committee This Committee was created by the City Council in 2008 as an advisory group under the Department of Parks and Recreation. It has 4 members appointed by the City Manager in 4 specific categories required by State law. There is no provision for alternate members. Recommendation: This is a very specialized committee and alternate members do not appear to be necessary. No action is recommended. Citizens Advisory Committee A Citizens Advisory Committee is created by Section 2-43 of the Code of Ordinances with 18 members to be appointed by the City Council (at the Council's "pleasure") to make recommendations to City Council on matters referred to it by the City Council. It may also make recommendations on its own initiative. This Committee appears to be dormant. Recommendation: Delete this Committee from the Code of Ordinances. If City Council concurs, this will require preparation of an ordinance for a subsequent City Council meeting. Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by Councilmember Trayhan to approve the above recommendations of the City Attorney. The vote was unanimous. Motion carried. 8. Resolution No. 09-R-53 -Consideration and/or action approving Resolution No. 09-R-53, a Resolution by the City Council of the City of Schertz, Texas Relating to the Annexation of Approximately 186.55± Acres Known as Crescent Bend Park, Located North of Schaefer Road and East of the Lost Meadows Subdivision; Authorizing and Directing the Holding of Public Hearings for the Proposed Annexation, the Publication of Notice of those Public Hearings, Preparation by the Planning Department of a Service Plan, Giving of a Written Notice of Intent to Annex, the Submission of Preclearance Materials to the Department of Justice, and Related Matters. (D. Harris) Mayor Baldwin recognized Assistant City Manager David Harris who introduced this item answering questions from Council. Mr. Harris stated that the City agreed with Bexar County that it would annex Crescent Bend Park. Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Councilmember Carpenter to approve Resolution No. 09-R-53. Vote was unanimous. Motion Carried 10-27-09 Minutes Page - 7 - 9. Resolution No. 09-R-54 -Consideration and/or action approving Resolution No. 09-R-54, a Resolution by the City Council of the City of Schertz, Texas Relating to the Annexation of Approximately 319.56± Acres Located West of the Lost Meadows Subdivision; Authorizing and Directing the Holding of Public Hearings for the Proposed Annexation, the Publication of Notice of those Public Hearings, Preparation by the Planning Department of a Service Plan, Giving of a Written Notice of Intent to Annex, the Submission of Preclearance Materials to the Department of Justice, and Related Matters. (D. Harris) Mayor Baldwin recognized Assistant City Manager David Harris who introduced this item answering questions from Council. Mr. Harris stated that staff recommends annexation of approximately 310 acres belonging to CCMA. CCMA has requested this annexation. Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Mayor Pro-Tem Fowler to approve Resolution No. 09-R-54. Vote was unanimous. Motion CarYied 10. Resolution No. 09-R-55 -Sank Depository Services Award -Consideration and/or action approving Resolution No. 09-R-55, a Resolution by the City Council of the City of Schertz, Texas authorizing a contract for Bank Depository Services between the City of Schertz and Schertz Bank and Trust. (J. Santoya/R. Galindo) Mayor Baldwin recognized Finance Director Juan Santoya and Financial Analyst Robert Galindo who introduced this item answering questions from Council. The City solicited proposals for bank depository services on September 1 and September 8, 2009 through the Daily Commercial Recorder. Proposals were requested to ensure the City is being provided excellent service at a competitive rate with a financial institution that is financially strong. The depository contract is for a term of three-years with two one-year renewal options for a total of five-years. The start date for the bank depository contract is February 1, 2010. The deadline for submitting proposals was 10 a.m. on October 1, 2009 Currently JPMorgan Chase is the City depository. The existing depository contract is fora three-year term with two one-year renewal options. JPMorgan Chase did not submit a proposal; however, the Representative from JPMorgan Chase did make a telephone call to Finance and said they would stand by their current services and rates. On October 1, 2009, two banks submitted proposals to the City. The two banks are Schertz Bank and Trust and Wells Fargo Bank. The proposals were evaluated based on the following criteria: Customer Service, Financial Cost/Benefit, Banking Experience, Financial Strength, and Performance. The bank depository proposals were reviewed by the Investment Committee. The Investment Committee is composed of the Mayor, City Manager, two Assistant City Managers, Finance Director, Financial Analyst, and a designated Council Member. Based on the 10-27-09 Minutes Page - 8 - proposals, the Investment Committee unanimously selected Schertz Bank and Trust to be the City depository. Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Mayor Pro-Tem Fowler to approve Resolution No. 09-R-55 awarding the contract to Schertz Bank and Trust. Vote was unanimous. Motion Carried BOARD APPOINTMENTS 11. Appointments/Reappointments and Resignations to Boards and Commissions/Committees -Consideration and/or action regarding appointments/ reappointments and resignations to Boards and Commission/Committees. Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Councilmember Scagliola to ratify the resignation of Deedy Wright from the Parks & Recreation Board, appoint Mr. Mark Davis as a regular member replacing Ms. Wright, appoint Mr. Mike Elliott as an alternate member and reappoint Mr. Mustapha Debboun and Mrs. Floy Simmons 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. City Council did not meet. Requests and Announcements 13. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Mayor Baldwin stated that as requested earlier an item be placed on the next agenda to discuss the drainage issues from Lowes. 14. Requests by Mayor and Councilmembers to City Manager and Staff for information. No requests given. 15. 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 10-27-09 Minutes Page - 9 - Mayor Baldwin recognized Mayor Pro-Tem Fowler who provided his comments regarding the Library surplus item stating that he had only inquired about the remaining Library items and did not mean to cause any dissention. City Manager ~ Don Taylor stated and assured Mayor Pro-Tem Fowler that he did nothing wrong and that in the future, items would be placed on public auction. Mayor Baldwin recognized Councilmember Scagliola who announced it was a very busy week in which he attended the following: • Saturday -Cibolo groundbreaking for their new police and fire station. • Tuesday -attended Commissioners Court and thanked them for their $180,000 grant for the Library. • Wednesday -attended the ribbon cutting for the new Schertz Elementary. • Thursday and Friday -attended Texas Municipal League Conference in Fort Worth. • Saturday -attended the Cibolo Main Street festival and then to the Red Barn Pecan Fest. Mayor Baldwin recognized Councilmember Trayhan who thanked the City for the opportunity of attending the Texas Municipal League Conference. Mayor Baldwin stated that he attended the Schertz Elementary ribbon cutting and official opening. 16. Announcements by City Manager • Recognition of City employee actions • New Departmental initiatives Mayor Baldwin recognized City Manager Don Taylor who stated that it was a very good TML Conference this year. The City of Schertz was well represented as our booth was actively visited. ADJOURNMENT As there was no further action, Mayor Baldwin adjou ed the meeting at 8:45 p.m. Hal Baldwin, Mayor A ST: enda Dennis, TRMC, CMC City Secretary 10-27-09 Minutes Page -10 -