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11-24-09MINUTES REGULAR MEETING November 24, 2009 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on November 24, 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 Councilmember David Scagliola Councilmember Michael Carpenter Staff Present: City Manager Don Taylor Assistant City Manager David Harris City Secretary Brenda Dennis Mayor Pro -Tem Jim Fowler Councilmember John Trayhan Assistant City Manager John Bierschwale City Attorney Michael Spain 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. RECOGNITION • Firefighter of the Year award - Fire Apparatus Operator, Mack Melancon • Recognition to Lieutenant Carl Berghofer Mayor Baldwin recognized Fire Chief David Covington who introduced Fire Apparatus Operator Mr. Melancon (Mack) who received the Firefighter of the year award. Chief Covington stated that they say that when you come up with something new and progressive for your department, there are usually ten other people who have already thought of it. However, that is all they do, think about it. Mack received the firefighter award because he not only thinks of ways to make the department better, he makes the effort to sell and implement those improvements. Mack is a dedicated, active contributor to fire service. Chief Covington presented him with the Firefighter of the Year award. Mayor Baldwin recognized the family members of Mr. Malancon who were in audience this evening. Chief Covington introduced Lieutenant Carl Berghofer stating that he had received a letter from Captain Loren Kuhlmann with the Live Oak Fire Department regarding the off duty activities of Lieutenant Berghofer in assisting a motor vehicle accident in the City of Live Oak. He stated that Lieutenant Berghofer, who was passing by the incident location, stopped to render aid prior to the arrival of Live Oak Fire Department personnel. 11 -24 -09 Minutes Lieutenant Berghofer ignored the inclement weather conditions to offer comfort and support to the individuals involved. Chief Covington presented Lieutenant Berghofer with a plaque of appreciation. Chief Covington stated that Lieutenant Berghofer recently ran the Rock N Roll marathon and raised over $2,000. Mayor Baldwin recognized Cleber Rodriguez a student from Brazil who is staying with Assistant City Manager David Harris and introduced his cousins Hugo Rodriguez and Junior Lopez who are visiting as well and presented them with a gift bag. PRESENTATION • Presentation by the Schertz Sweethearts regarding the December 1, 2009 Tree Lighting Ceremony /Choir. (E. Matlock) Mayor Baldwin recognized EDC Specialist Erin Matlock who introduced members of the Schertz Sweetheart Court who invited the Citizens, Council and Staff to the December 1, 2009 Christmas Tree lighting ceremony, which will be held at 5:45 p.m. in front of City Hall followed by refreshments in the Council Chambers lobby. HEARING OF RESIDENTS No one spoke. Discussion and /or Action Items 1. Minutes - Consideration and /or action regarding the approval of the minutes of the Regular Meeting of November 17, 2009. Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by Mayor Pro -Tem Fowler to approve the minutes of the regular meeting of November 17, 2009. Vote was unanimous. Motion Carried. 2. No Parking in Bicycle Lanes - Discussion and possible action and briefing on No Parking in Bicycle Lanes in school zones (S. Willoughby /L. Dublin) Mayor Baldwin recognized Assistant City Manager John Bierschwale who provided a briefing regarding making bicycle lanes in school zones designated as no parking and answering questions from Council. It was recommended that the no parking ordinance be amended to specifically include "stopping, standing and /or parking" in no parking zones and installation of nineteen (19) signs strategically placed at all such zones at the beginning, middle and end of each block. It was also recommended that staff continue to persuade the Post Office to relocate all the mailboxes that conflict with bike lanes. Mayor and Council agreed to have staff move forward with the recommendations to revise the No Parking ordinance. 11 -24 -09 Minutes Page - 2 - 3. Ordinance No. 09 -D -44 — Consideration and /or action approving an ordinance by the City Council of the City of Schertz, Texas providing that the Code of Ordinances of the City of Schertz, Texas be amended by revising section 86 -118, maximum limits in school zones on specific streets; and providing a repealing clause. Final Reading (FM 1518 near Corbett Middle School) (L. Dublin) Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item stating that there have been no changes since first reading and recommends final approval. Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Councilmember Trayhan to approve Ordinance No. 09 -D -44 final reading. The vote was unanimous. Motion carried. 4. Ordinance No. 09 -M -45 — Consideration and /or action approving an ordinance of the City of Schertz, Texas amending and restating Chapter 2, Article IV, Sections 91 -101, "Administration - Transportation Safety Advisory Commission" of the Code of Ordinances of the City of Schertz, Texas, and providing an effective date. First Reading (M. Spain) Mayor Baldwin recognized City Attorney Michael Spain who introduced this item stating that as discussed it was the recommendation of the Council to allow for two alternate positions on the Transportation Safety Advisory Commission. Action approves changing the number of alternates from three to two. Mayor Baldwin recognized Councilmember Scagliola who stated that recently the Council appointed the third alternate and request that this ordinance go into effect when a vacancy occurs or when one of the alternate terms expires. Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by Councilmember Carpenter to approve Ordinance No. 09 -D -45 first reading with the stipulation that the three alternates remain until either a vacancy or their term is up for renewal. The vote was unanimous Motion carried. 5. Ordnance No. 09 -M -46 — Consideration and/or action approving an ordinance of the City of Schertz, Texas amending the Code of Ordinances of the City by deleting Chapter 2, Article II, Citizens Advisory Committee. First Reading (M. Spain) Mayor Baldwin recognized City Attorney Michael Spain who introduced this item stating that action by Council would delete the Citizens Advisory Committee that was created in 1976 that consisted of eighteen (18) members appointed by the Council. He further stated that the purpose of the committee was to make recommendations to the Council on matters such as low- income housing programs for the elderly, park improvements, traffic improvements, land development, and a variety of other special projects referred to them by the City Council. The committee is dormant and upon research of minutes, the last mention of the committee's use was in 1988. The 11 -24 -09 Minutes Page - 3 - committee is not being utilizes by the Council, nor is it expected to be utilized in the future. Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Councilmember Carpenter to approve Ordinance No. 09 -D -46 first reading. The vote was unanimous. Motion carried. 6. Resolution No. 09 -R -59 — Creating two alternate member positions on the Schertz Library Advisory Board and Resolution No. 09 -R -60 — Creating two alternate member positions on the Schertz Historical Preservation Committee - Consideration and /or action approving Resolution No.'s 09 -R -59 and 09 -R -60. (M. Spain) Mayor Baldwin recognized City Attorney Michael Spain who introduced this item stating that action by Council would create two (2) alternate positions for the Schertz Library Advisory Board and the Schertz Historical Preservation Committee. Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Councilmember Carpenter to approve Resolution No.'s - 09 -R -59 and 09 -R -60. The vote was unanimous. Motion carried. 7. Ordinance No. 09 -D -47 — Consideration and /or action approving an ordinance amending the speed limit on Doerr Lane to 35 mph. First Reading (L. Dublin) Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item stating that action by Council would increase the speed limit on Doerr Lane from 20 mph to 35 mph. He stated the increase in speed limit is warranted due to the recent road improvements. Mayor Baldwin recognized Mayor Pro -Tern Fowler who moved, seconded by Councilmember Scagliola to approve Ordinance No. 09 -D -47 first reading The vote was unanimous. Motioned carried 8. Contract Agreement TIP Strategies, Inc., and the Schertz Economic Development Corporation — Consideration and /or action approving a contract between TIP Strategies, Inc. and the Schertz Economic Development Corporation in the amount of $30,000 to provide an update to the 2006 Comprehensive Economic Development Strategy Plan. (G. Antuna/J. Jewell) Mayor Baldwin recognized Economic Development Director George Antuna who introduced this item providing a brief Power Point and requesting Council to approve an agreement between the Economic Development Corporation and TIP Strategies Inc. to provide an update to their 2006 Strategic Plan. Included in the agreement will be a joint workshop with the members of Council, EDC, and the Planning and Zoning Commission to incorporate the recently adopted City Council strategic plan into the EDC plan. 11 -24 -09 Minutes Page - 4 - Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Councilmember Trayhan to approve the contract agreement with TIP Strategies Inc., and authorize the City Manager to execute it. The vote was unanimous. Motion carried 9. RFQ #09- ENG-29 -S -01 — Request for Qualifications: Engineering Design Services — Consideration and /or action approving a two -year contract for engineering and design services with Vickery and Associates, Professional Engineering Design Group, Ford Engineering Inc. (L. Dublin) Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item requesting authorization by Council to enter into a two -year contact between the City of Schertz and three (3) engineering firms: Vickery and Associates, Professional Design Group, and Ford Engineering Inc. These firms will be used by the City on Civil Engineering projects, routine and bond related projects. Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Councilmember Carpenter to approve the two -year engineering and design services contract with Vickery and Associates, Professional Engineering Design Group, Ford Engineering Inc. The vote was unanimous. Motion carried Mayor Baldwin adjourned into executive session at 7.30 p.m. EXECUTIVE SESSION Called under Section 551.071 Texas Government Code Litigation, pending litigation; Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange, sale, lease, or value of real property. Mayor Baldwin reconvened into regular session at 7.55 p.m. RECONVENE TO REGULAR SESSION 10. Take any action deemed necessary as a result of the Executive Session. Mayor Baldwin recognized Mayor Pro -Tern Fowler who moved, seconded by Councilmember Scagliola to approve the purchase of ten sewer line easements and ten temporary construction easements for the Town Creek Sewer FM 482 Trunk Line from the following property owners and the following prices: Ralph Marcantonio $ 3,500.00 Lloyd D. Geier $ 3,500.00 Hollis & Laura Wooldridge $ 5,000.00 Mary Kathleen Soechting $ 8,000.00 11 -24 -09 Minutes Page - 5 - Hanson Aggregates, Q TRTI I- anson- LAiigh -•Co pany ---- -- HGV Investments, LLC $17,559.00 Lattimore Materials Co, LP $16,660.00 Proffatt LTD Partnership RDO Family LLC $11,186.23 Henry M. Gutierrez $13,500.00 Bishop Center, LLC $ 3,850.00 Rafael Biolands Carreon $5,281.00 The vote was unanimous. Motion carried Requests and Announcements 11. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No requests given. 12. Requests by Mayor and Councilmembers to City Manager and Staff for information. No requests given. 13. 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 that City Engineer Larry Dublin was a celebrity in that the NorthCliffe HOA recognized him in their recent newsletter. Councilmember Scagliola stated he attended the following this week: • Ribbon Cuttings for Weight Control of Texas Thursday, November 19th and Lone Star Hand Gun also on Thursday, November 19. 11 -24 -09 Minutes Page - 6 - • Monday he attended the Senior Thanksgiving Dinner Mayor Baldwin recognized Councilmember Trayhan who wished everyone a Happy Thanksgiving. Mayor Baldwin recognized Councilmember Carpenter who stated that he will be out of the State the week of December 8, 2009 and would not be in attendance at the December 8, 2009 Council meeting. 13. Announcements by City Manager • Recognition of City employee actions • New Departmental initiatives No announcements given. ADJOURNMENT As there was no further action, Mayor Baldwin adjourned the meeting at 8:00 p.m. Hal Baldwin, Mayor ATTEST: ren a Dennis, TR C, CMC City Secretary 11 -24 -09 Minutes Page - 7 -