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01-26-10 MINUTES REGULAR MEETING January 26, 2010 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on January 26, 2010 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 David Scagliola Councilmember Jim Fowler Councilmember John Trayhan Staff Present: Assistant City Manager John Bierschwale Assistant City Manager David Harris City Secretary Brenda Dennis Councilmember Michael Carpenter absent. 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. PRESENTATIONS • SchertzFest 2009 Financial report and update and report on upcoming 2010 Special Events. (J. Bierschwale/C. Raleigh) Mayor Baldwin recognized Assistant City Manager John Bierschwale who introduced Executive Assistant Cindy Raleigh, Vice President of the Parks Foundation and Mr. Eddie McNew who was in the audience. Mr. Bierschwale introduced this item providing a brief PowerPoint presentation answering questions from Council. Mr. Bierschwale provided the following information regarding SchertzFest 2009: - Projected Revenue: $ 117,560 - Actual Event Revenue: $ 90, 657 - Actual Event Expenses: $ 96,049 - Event Profit/Loss: 5, 392 He stated the event did experience a loss due to inclement weather, but the City was able to reimburse $20,000 back to the General Fund. He announced the upcoming 35th Annual 4th of July Jubilee set for July 2 through July 4, 2010 and the 2010 SchertzFest set for September 24 through the 25, 2010. 01-26-2010 Minutes HEARING OF RESIDENTS No one spoke. Discussion and/or Action Items 1. Presentation on City Projects -Presentation and consideration and/or action regarding the City Project Update and Status Report. (L. Dublin) Mayor Baldwin recognized City Engineer Larry Dublin who updated the Council regarding the current city projects mentioning two hot topics: improvements on Chelsea Road, stating this project should be completed in 90 days, and the Recreation Center is progressing, as YMCA will be moving equipment in February. Mr. Dublin mentioned briefly the retaining wall issue that occurred in San Antonio only stating that the engineers are researching the cause. Mr. Dublin mentioned that the City has received several calls recently regarding a retaining wall concern in Fair Haven and stated that this was an issue for the developer and not a City issue. 2. Minutes -Consideration and/or action regarding the approval of the minutes of the Regular Meeting of January 19, 2010. Mayor Baldwin recognized Councilmember Fowler who moved, seconded by Mayor Pro-Tem Scagliola to approve the minutes of the regular meeting of January 19, 2010. Vote was unanimous. Motion Carried. 3. Resolution No. 10-R-OS -Consideration and/or action approving a resolution authorizing a directed energy study letter agreement with McKinstry Essention, Inc., and other matters in connection therewith. (M. Spain/G. Logan) Mayor Baldwin introduced Park and Recreation Director George Logan who introduced this item answering questions from Council. Mr. Logan stated that action approves an agreement with McKinstry Essention, Inc. to conduct a directed energy study for the City, and development of an energy services proposal. Fiscal impact of $35,000 to be paid by the State Energy Conservation Office grant. City Attorney Michael Spain stated that he would be providing a corrected agreement to include the following: defining some definitions within the agreement, revise the section regarding intent to use McKinstry for implementation. Mr. Spain further stated that he would get with the Risk Manager to look at the liability coverage. City Attorney Michael Spain recommended approval. Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Councilmember Fowler that based on the recommendation of the City Attorney approves Resolution No. 10-R-O5. Vote was unanimous. Motion carried. Mayor Baldwin adjourned into executive session at 7:04 p.m. i EXECUTIVE SESSION 01-26-2010 Minutes Page - 2 - 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 7:25 p.m. RECONVENE TO REGULAR SESSION 4. Take any action deemed necessary as a result of the Executive Session. Mayor Baldwin recognized Mayor Pro-Tem Scagliola who moved that the City Council authorize a purchase and sale agreement with Consuelo Anaya and Rodrigo Rodriquez to acquire a lot in the Freeway Manor Subdivision for the purchase price of $3,000 seconded by Councilmember Fowler. Vote was unanimous. Motion carried. Requests and Announcements 5. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No requests given. 6. Requests by Mayor and Councilmembers to City Manager and Staff for information. Mayor Baldwin recognized Councilmember Trayhan who reminded staff that when there is a presentation item on the agenda to include discussion. Staff concurred. Mayor Baldwin recognized Councilmember Fowler who stated that Council had received the information earlier from Mr. Dublin regarding whose responsibility it is regarding the retaining wall. Councilmember Fowler asked that staff keep an eye on the situation here in Schertz particularly in the Fair Haven Subdivision and possibly communicate with the citizens, informing them that the city is looking into the situation. Councilmember Fowler also asked about the condition of the wood fascia on the new Library. City Engineer Larry Dublin stated that he has met with the contractor on this issue and they have formulated a plan to resolve the issue. 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 O1-26-2010 Minutes Page - 3 - Mayor Baldwin recognized Mayor Pro-Tem Scagliola who stated he attended the Arts event at the Civic Center on Thursday, January 21, 2010 and had received compliments from citizens. Mayor Pro-Tem Scagliola thanked the Public Relations Team and Maintenance staff. Mayor Pro-Tem Scagliola also reminded everyone of the upcoming Schertz Humane Society Casino night, February 19, 2010 at the Civic Center. Mayor Baldwin announced the upcoming Historical Preservation meeting, Thursday January 28, 2010 at 6:30 p.m. in the Council Chambers Conference room. He stated the Committee will be discussing the Heritage Museum development plan and timeline. 8. Announcements by City Manager • Recognition of City employee actions • New Departmental initiatives Mayor Baldwin recognized Assistant City Manager John Bierschwale who announced that free H1N1 flu shots were given today and that 785 citizens took advantage of the opportunity. Mr. Bierschwale also stated that SSLGC and SAWS have withdrawn their protests, and have agreed to work together. Mayor Baldwin recognized City Engineer Larry Dublin who stated that Lowe's is starting construction on the drainage channel this week. Mayor Baldwin recognized Assistant City Manager David Harris who announced "Save the Date" of April 15, 2010. The City of Schertz will be hosting the TML Region VII dinner meeting. The session will start with a legal Q & A session in the City Council Chambers around 4:00 p.m. and then will adjourn to the Civic Center at 6:30 p.m., for the program. ADJOURNMENT As there was no further action, Mayor Baldwin adjou ed the eeting at 7:37 p.m. al Baldwin, Mayor A ST: a Dennis, TRMC, CMC City Secretary O1-26-2010 Minutes Page - 4 -