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09-14-2010 MINUTES REGULAR MEETING September 14, 2010 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on September 14, 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 Cedric Edwards Councilmember Jim Fowler Councilmember David Scagliola Councilmember George Antuna Councilmember Michael Carpenter Staff Present: City Manager Don Taylor Assistant City Manager John Bierschwale 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. Councilmember Fowler gave the invocation followed by the Pledges of Allegiance to the Flags of the United States and State of Texas. Councilmember Fowler gave tribute and offered a moment of silence to the one-year anniversary of the passing of Tony Wilenchik. HEARING OF RESIDENTS Mayor Baldwin recognized the following citizens: • Mr. Robert Brockman, 1000 Elbel Road, who spoke of an article in the Express News regarding large and small nonprofit agencies (501(c)3s registering with the Internal Revenue Service and the deadline. Mr. Brockman also addressed his concern regarding the cities ISO Rating due to needing another Fire Station in the Sedona area. Discussion and/or Action Items 1. Guadalupe County Children's Advocacy Center Report and Agreement - Consideration and/or action approving the Guadalupe County Children's Advocacy Agreement. (J. Bierschwale/P. Marsh) Mayor Baldwin recognized Assistant City Manager John Bierschwale who introduced Executive Director Paul Marsh who came forward stating that each year the City of Schertz financially supports the Guadalupe County Children's Advocacy Center as well as explained the program. Mr. Marsh provided a brief report 9-14-10 Minutes regarding the center answering questions from Council. Mr. Bierschwale stated that action requested of Council is to renew the annual financial support agreement to the Guadalupe County Children's Advocacy Center. Fiscal impact $5,000. Mayor Baldwin stated that Mr. Robert Brockman has been actively involved in the Center for many years. Mayor Baldwin recognized Mayor Pro-Tem Edwards who moved, seconded by -Councilmember Scagliola to approve the renewal of the Guadalupe County Children's Advocacy agreement. The vote 4-1 with Councilmember Antuna abstaining. Motion Carried 2. Presentation and discussion regarding Veteran Plaza Location -Presentation and discussion and consideration and/or action regarding location of a Veteran Plaza. (Mike Espinola Sr.) Mayor Baldwin recognized Mr. Mike Espinola Sr., Commander of the VFW and Ms. Ruth Tienor who came forward presenting proposed plans and drawings regarding the site proposed for the Veterans Plaza answering questions from Council. He stated they would like to have the site on the land the City owns across from of the Knights of Columbus on Schertz Parkway. He stated he and the committee would like to get started on raising funds. Estimated cost for the project is $350,000. Assistant City Manager John Bierschwale stated the City would provide irrigation and electricity for lighting. Mayor and Council concurred the location as presented was a great location and the drawings presented were well done. Mayor and Council thanked the Veterans Plaza Committee and members of staff for their hard work on this project. Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Councilmember Scagliola to approve the location as presented by the committee as the location for the Veterans Plaza. The vote was unanimous. Motion carried. Mayor Baldwin recognized City Engineer Larry Dublin who stated that he would like to pledge the first $1,000 to the project. Former Mayor Earl Sawyer stated that he would match Mr. Dublin's pledge. Mayor Baldwin recognized Councilmember Antuna- who stated that he would donate his City Council compensation for the remaining of the year to the project. MAYOR BALDWINMOVED TO ITEM 7 7. Resolution No. 10-R-55 -Consideration and/or action approving a resolution accepting a proposal to provide medical services at the Schertz Senior Citizens' Center and approving an Operating Agreement. (M. Spain/B. Cantu) 9-14-10 Minutes Page - 2 - Mayor Baldwin recognized City Attorney Michael Spain who stated that The City has previously entered into an Operating Agreement with the Comal County Senior Citizens' Foundation (the "Foundation") to have the Foundation operate a senior citizens' program providing nutritional and social services to Schertz area seniors at a City-owned facility. On August 10, 2010, the City Council authorized an RFP seeking an organization to work with the City and the Foundation to provide certain medical and health care services to seniors at the facility as a part of the senior citizens' program. The RFP was advertised by the City and it was provided directly to the following organizations, which were identified as possible partners: El Centro del Barrio (CentroMed), Guadalupe Regional Medical Center, Methodist Healthcare Ministries, Daughters of Charity Services of San Antonio, Volunteers in Medicine, and WellMed Medical Management, Inc. The City received only one proposal, from WellMed Medical Management, Inc. ("WellMed"). The City will authorize WellMed to use approximately 2,500 square feet of the old City Library to enable WellMed to provide medical services clinic as part of the senior citizens' program. All payments for use of the space will be used in the senior citizens' program. WellMed will make facility improvements and install necessary equipment and furnishings. Mr. Spain stated that he wishes to postpone action this evening to allow WellMed, Comal County Senior Citizens' Foundation and the City to work out further details regarding the clinic facility and both operating agreements. Mr. Spain introduced Ms. Carol Zernial, Vice President, Community Relations with WellMed and Mr. Lopez, Executive Director of Comal County Senior Citizens' Foundation who came forward explaining the public private partnership agreements, their working relationship, and stated they believe the proposed agreements are aligned with the City's goals. Ms. Zernial stated WellMed would spend $185,000 for upgrading the facility and invest $25,000 in building the new kitchen. She stated that this type of facility would be a destination/hub for senior services. Mr. Spain stated that he would like to revise the contract to be a five-year term agreement, add language for provisions of extending the contract if all parties agree, as well as opportunities for each entity to terminate and/or evaluate the agreements upon written notice. Build in operating safe guards regarding the operation of the WellMed clinic, which will address security. WellMed will be providing two types of services, one is the health screening, evaluations and counseling which will take place outside the walls of the clinic and the other would be the medical services that will be provided by the clinic itself. Mayor Baldwin recognized Councilmember Carpenter who stated, "What might the City be saying" in setting precedence in having afor-profit clinic with a physician practicing within a City facility.. City Attorney Michael Spain addressed Councilmember Carpenters concern. Councilmember Carpenter stated his only reservation is having a private enterprise on City property not challenging the 9-14-10 Minutes Page - 3 - merits that have been proposed. He stated that it is an excellent proposal and it offers the services needed. The core of the argument is having a private enterprise operating on City property. Mayor Baldwin recognized Mayor Pro-Tem Edwards who stated he was also concerned with operating the clinic and wanted to know what expenses the City will be incurring. Assistant to the City Manager Bob Cantu stated the City will be providing electricity and water, that no dollars will be spent by the City on the renovations. Mayor Pro-Tem Edwards stated that if this was the case then he is in favor of this type of project. Mayor Baldwin recognized Councilmember Fowler who stated he is in favor of the project and he would like to see if EDC thought about building a facility such as this and then leasing it out. Mayor Baldwin recognized Councilmember Scagliola who stated that for continuity and planning purposes he believes afive-year plan makes a lot of sense. Mayor Baldwin stated he too originally had a concern with operating a clinic in a City facility, but is now comfortable since speaking to Mr. Spain. Mr. Taylor stated the senior citizens who will utilize the senior center clinic are those who do not have a regular doctor and those that have not seen a physician in years. It was the general consensus of Council to move forward and allow the City Attorney to finalize the appropriate agreements as discussed. No action taken. This item will be brought back to Council at the SeptembeN 28, 2010 meeting. 3. Presentation on 4tn July Jubilee Update and Presentation on the upcoming SchertzFest -Presentation and discussion regarding the 2010 4th July Jubilee and 2010 SchertzFest. (J. Bierschwale/C. Raleigh) Resolution No. 10-R-54 -Consideration and/or action approving a resolution designating a particular area, particular dates and particular time for which alcoholic beverages may not be brought into or removed from Pickrell Park; authorizing extension of park hours; authorizing extension of noise hours and authorizing other motorized vehicles in particular park areas. (J. Bierschwale/C. Raleigh) Mayor Baldwin recognized Assistant to the Assistant City Managers Cindy Raleigh who stated that before she begins she would like to recognize HEB for their generous contribution to the City of Schertz. She stated that each year HEB contributes $10,000 toward the fireworks. Mayor Baldwin recognized the Acting General Manager for the HEB in Schertz, Mr. Kel Golsby. 9-14-10 Minutes Page - 4 - Mayor Baldwin presented him with an award recognizing their generous : contribution for the fireworks. Mayor Baldwin recognized Assistant to the City Manager, Mr. Bob Cantu who cn e ardin revenues and ave a briefin on. the 4 Jul Jubilee Financial Re ort r g g Y P g g expenses of the event. He stated that the city netted $8,045.91 in profit this year from the event. Ms. Raleigh gave a brief PowerPoint presentation and invitation to 3`d annual community event "SchertzFest" which will be held on September 24t" and 25`" at Pickrell Park. Ms. Raleigh provided information on the following: Friday, September 24th • Gates open at Spm • Los Dynamos on stage at 6pm • La Mafia on stage at Spm Saturday, September 25th • Gates open at noon and entertainment begins • BBQ Cookoff, Battle of the Bands, entertainment all day! • River City Kings on stage at 6pm • Floor Show -Comedy Hypnotist at 7:30pm • Josh Abbott Band on stage at Spm Ms. Raleigh stated the attached resolution is in consideration for designating particular areas, particular dates and times for which alcoholic beverages may not be brought into or removed from Pickrell Park, the authorizing extension of park hours, noise, and authorizing other motorized vehicles in particular areas for this event. Mr. Bierschwale stated that the Parks & Recreation Foundation will be charging $5.00 for parking to help offset the security costs this year. Mayor Baldwin recognized Mayor Pro-Tem Edwards who moved, seconded by Councilmember Fowler to approve Resolution No. 10-R-54. The vote was unanimous. Motion carried 4. Minutes -Consideration and/or action regarding the approval of the minutes of the Regular Meeting of September 7, 2010. Mayor Baldwin recognized Councilmember Fowler who moved, seconded by Councilmember Scagliola to approve the minutes of the regular meeting of September 7, 2010. The vote was 4-1 with Mayor Pro-Tem Edwards abstaining. Motion Carried 5. City of Schertz 2011 Master Calendar -Consideration and/or action approving the City of Schertz 2011 Master Calendar. (D. Harris/S. Gonzalez) 9-14-10 Minutes Page - 5 - Mayor Baldwin recognized Assistant to the City Manager Sarah Gonzalez. who stated each year the staff drafts a Master Calendar that serves as a planning tool for the upcoming year. Staff recommends Council approval of the Master Calendar ' with the following considerations: • Cancel the October 4, 2011 Council Meeting due to Texas National Night Out • Consider cancelling the October 11, 2011 Council Meeting as it occurs the day before the Texas Municipal League Conference scheduled in Houston, October 12-14, 2011 Additionally, fifth-week Tuesday City Council Meetings are not scheduled in 2011 and are still open to the discretion of the Mayor and Council. Mayor Baldwin recognized Councilmember Scagliola who stated that he would like to see the fifth-week Tuesday City Council meeting set as a workshop with Council to meet with the City's Boards and Commissions. Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by Councilmember Fowler to approve the 2011 Master Calendar adding the fifth-week Tuesday City Council meetings as a workshop for board and commissions. The vote 3-2 with Mayor Pro-Tem Edwards and Councilmember Carpenter voting no. Motion carried. 6. Ordinance No. 10-M-27 -Consideration and/or action approving an Ordinance amending Ordinance No. 10-M-04 - setting the time of City Council Meetings. Final Reading (M. Spain) Mayor Baldwin recognized City Attorney Michael Spain who stated that section 4.09(a) of the City Charter provides in part that the "City Council shall meet at least once each month at a time and place prescribed by ordinance." Ordinance No. 10- M-04 adopted on March 16, 2010 set the City Council's current meeting policy as to regular meeting days, times, and places. Ordinance No. 10-M-27 amends Ordinance No. 10-M-04 solely to change the regular meeting time of City Council to 6:00 p.m. Mr. Spain stated this is the final reading of the ordinance changing the meeting time of the City Council regular meetings to be effective the first meeting after the thirty- day notice, which would be October 19, 2010. Mayor Baldwin recognized City Secretary Brenda Dennis who stated that a notice would be posted on the bulletin board and on the City website regarding the time change. . Mayor Baldwin recognized Councilmember Fowler who moved, seconded by Councilmember Carpenter to approve Ordinance No. 10-M-27 final reading. The vote was unanimous. Motion carried. 9-14-10 Minutes Page - 6 - 8. Resignations/Appointments/Reappointments to Boards and Commissions/Committees - Consideration and/or action regarding resignations/appointments/reappointments to Boards and Commission/Committees. • Resignation of Roberta Tutschke from Planning & Zoning Commission • Resignation of Larry Franklin from the Transportation Safety Advisory Commission Mayor Baldwin recognized Mayor Pro-Tem Edwards who moved, seconded by Councilmember Carpenter to approve the resignation of Roberta Tutschke from the Plannin & Zonin Commission. Vote was unanimous. Motion Carried. g g Mayor Baldwin recognized Mayor Pro-Tem Edwards who moved, seconded by Councilmember Carpenter to approve the resignation of Larry Franklin from the Transportation Safety Advisory Commission. Vote was unanimous. Motion Carried. Mayor Baldwin recognized City Attorney Michael Spain who stated that the TIRZ Board has three members whose terms will be expiring at the end of September and would like the Council to consider reappointments to this board. Mayor and Council concurred to place this on the next agenda. Mayor Baldwin adjourned into executive session at 8:34 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 9:17 p.m. 9. Take any action deemed necessary as a result of the Executive Session. Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by Councilmember Fowler to authorize City staff to spend up to $150,000 from the Water fund to purchase approximately 23 acres of land off of Lower Seguin Road. The vote was unanimous. Motion carried. Requests and Announcements 10. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No action taken. 9-14-10 Minutes Page - 7 - _ _ 11. Requests by Mayor and Councilmembers to City Manager and Staff for information. Mayor Baldwin recognized Mayor Pro-Tem Edwards who requested an update on the Blue Ribbon Bond Committee. He stated that he received a call that the City was not providing information they needed. Assistant City Manager John Bierschwale stated that he has been in contact with the Treasurer, Ms. Yolanda Suarez and the City has been providing the information they have been requesting. Mr. Bierschwale also stated that Brad Bailey would be getting with the City Attorney to finalize the bond website information that will elevate the questions and answers. Mr. Bierschwale stated that information would be given to the Council at the next meting. Mayor Baldwin recognized Councilmember Antuna who asked if staff had contacted the Comal Independent School District to come to a future council meeting to give a presentation on what they will be doing for the new high school. City Manager Don Taylor stated that he would have someone contact them. Mayor Pro-Tem Edwards and Councilmember Carpenter concurred. Mayor Baldwin recognized Councilmember Fowler who asked for a City project update. Assistant City Manager John Bierschwale stated that this should be coming to the Council soon. 12. 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 stated that Council received information regarding the services of Jesse Jarod, the great grandson of Malford & Rose Ackerman and the grandson of Beverly Jobe. The viewing will be held Thursday, September 16th 5:00 p.m. to 8:00 p.m. at the Schertz Funeral Home -Funeral Services will be held on Friday, September 17, 2010 at 10:00 a.m. at Emanuel's Lutheran Church, Seguin Texas. Mayor Baldwin recognized Councilmember Scagliola who stated he attended the following events: • YMCA Ribbon Cutting • Saturday Absolute Jazz in the Park (Pickrell) • Sweetheart Pageant Thursday, September 16, 2010 5:30 p.m. 9-14-10 Minutes Page - 8 - 13. Announcements by City Manager • Recognition of City employee actions • New Departmental initiatives Mayor Baldwin recognized City Manager Don Taylor who stated the bank has received an offer on the house on Wimbledon sale is pending. Mayor Baldwin recognized Assistant City Manager John Bierschwale who reminded everyone of the National Night Out celebrations on October 5, 2010, starting at 5:15 p.m. Mr. Bierschwale also asked Council and citizens to keep Melvin Boeck in their prayers as he is back in the hospital. ADJOURNMENT As there was no further action, Mayor Baldwin adjourne the me ting at 9:31p.m. al Baldwi ,Mayor ATTEST: Brenda Dennis, TRMC, CMC City Secretary 9-14-10 Minutes Page - 9 - i 1 .