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10-16-2007 MINUTES REGULAR SESSION OCTOBER 16, 2007 The Schertz City Council convened in Regular Session on Tuesday, October 16, 2007, at 6:30 p.m., in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members were present: Mayor Hal Baldwin presiding, Mayor Pro-Tern David Scagliola, and Councilmembers Jim Fowler, John Trayhan, Tony Wilenchik and Michael Carpenter. Also present were: City Manager Don Taylor, Assistant City Manager John Bierschwale, City Attorney Michael Spain and Interim City Secretary Mary Ybarra. #1 CALL TO ORDER. Mayor Pro-Tern Scagliola called the meeting to order at 6:30 p.m. Mayor Pro-Tern Scagliola announced that Mayor Baldwin would be delayed in arriving this evening. #2 PLEDGES OF ALLEGIANCE TO THE UNITED STATES AND STATE OF TEXAS (Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.) Both pledges were recited. #3 HEARING OF RESIDENTS. Frances Rushing, President ofthe Schertz Chamber of Commerce: . Reminder of the Oct 26 luncheon with a different format. The speaker is Dr. Reno of Northeast Lakeview College. . The Shop Schertz Showcase takes place the next day on Oct 27. Frances Rushing invited the Mayor and City Council to corne out and participate as judges. There is still room for restaurants to enter the Taste of the Town. Robert Brockman, Resident, 1001 Elbel Road, #411 : . Inquired about the placement of a sign at Schertz Parkway and Elbel Road. It should state what is going to be put on that property for the new people coming to town. . We should also take the sign down next to the Playscape where we bought the property. . Thanks City staff for taking out the old landscaping in front of Building One in front of City Hall. #4 Items by Council. Mayor Pro-Tern Scagliola . Was at the Animal Shelter the other day and it's filled to capacity. There are a lot of animals available for adoption at the Shelter at the present time. City Council Regular Meeting 10/16/2007 13 . On the same note the Schertz Humane Society Golf Tournament is coming up on October 26th at Canyon Springs Golf Resort. Councilmember Fowler: . Attended the P&Z meeting for Councilmember Carpenter this week. It was a fast meeting with only one item really standing out. They thought the Playscape might need some additional lighting at night. . Parks and Recreation Advisory Board meeting postponed to October 22nd . . Received calls from residents about the graffiti on FM 78 and he understands the individual has been caught. Councilmember Trayhan: . No Comments Councilmember Wilenchik: . Attended Commissioners Court meeting today. Several items passed including a $1.9m lnterlocal Agreement between Guadalupe County, the City of Seguin and Guadalupe Regional Medical Center for indigent healthcare. $970,000 will be spread throughout Guadalupe County with Schertz' cost for indigent healthcare being about $225,000. With less than 2% of the outpatients and less that 1 % of inpatient care coming from Schertz, we still pay 22% of the costs. The question is why doesn't Schertz have a satellite clinic from Guadalupe Regional Medical Center? . Approved an Interlocal Agreement to secure Fire and EMS Services from Selma. . Passed a resolution recommending George Antuna for a position on the Alamo Workforce Development Board. . Approved an Interlocal Agreement for Library Services with libraries in Seguin, Marion and Schertz. Schertz was awarded approximately $163,000 for services. . The Schertz Annex contract with the Kohler Company was approved at a cost of $453,000 and is expected to be finished in March of 2008. This will add 3,500 square feet and double the amount of parking spaces at the Schertz Annex. . Adopted the certified valuations for the County with current valuations of$6.6 billion; estimated to be over $7 billion after properties are finished being contested. Councilmember Carpenter: . Thanks Councilmember Fowler for attending the P&Z meeting for him . Election day corning up on Nov 6th with 16 propositions corning up that affect a number of our residents . Would like an item on the agenda addressing several issues that affect our City Charter where changes need to be made. Council members Wilenchik and Trayhan agreed to the agenda item. City Council Regular Meeting 10/16/2007 14 #5 Items by Mayor . None #6 PROMOTIONS: Police Department Chief Starr of the Schertz Police Department introduced recently promoted Lieutenant Mark Bane. #7 BRIEFING: by Ford Engineering on Bond Drainage Project and Ripps- Kruesler street extension. Larry Dublin and Mark Hill from Ford Engineering gave a briefing on the Drainage Improvement Bond Projects to City Council and the staff and residents present. The first project briefed was the Villages Drainage Improvements which included Maple Drive, the Village drainage including Gettysburg Drive, Buffalo Drive channel work, ball fields' drainage and the pedestrian bridge. Mr. Dublin also briefed the Ripps-Kruesler Drive extension from FM 3009 to behind the Lowe's store under construction. Mr. Dublin made a comment that he thought the concept would not be a good idea because it would not be a straight shot and there were already alternative routes. He compared the Lowe's/HEB configuration at FM 1604 and Blanco Road to the configuration in Schertz as an almost identical footprint with the same layout. Comparatively, they don't have traffic backup in that area. ACTION ITEMS: #8 MINUTES: Approval of minutes, Regular Session Meeting October 9,2007. The motion was made by Councilmember Carpenter, and seconded by Councilmember Trayhan, to approve the minutes of the regular session meeting of October 9, 2007. The motion carried 5-0 and the vote was as follows: AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter NA YES: None. #9 Discussion and action to allow the Municipal Court to hold court proceedings in Council Chambers. Officer Steve Pulaski explained to City Council that they have outgrown the existing Court Chambers and are now seeking a larger room to hold court on a temporary basis twice a month. The motion was made by Councilmember Trayhan, and seconded by Councilmember Fowler, to approve the request to hold court proceedings in the Council Chambers. After active discussion on the matter, Councilmember Trayhan amended his motion to approve City Council Regular Meeting 10/16/2007 15 the request to hold court proceedings in the Council Chambers temporarily, for 120 days. Councilmember Fowler seconded. The motion carried 4-1 and the vote was as follows: AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik NA YES: Councilmember Carpenter #10 RESOLUTION: Discussion and action on a resolution authorizing a personal services construction management agreement with David Dorrough for completion of the City's administration building and other matters in connection therewith. (L. Truitt) RESOLUTION NO. 07-R-45 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PERSONAL SERVICES CONSTRUCTION MANAGEMENT AGREEMENT WITH DAVID DORROUGH FOR COMPLETION OF THE CITY'S ADMINISTRATION BUILDING AND OTHER MATTERS IN CONNECTION THEREWITH. The motion was made by Councilmember Carpenter, and seconded by Council member Wilenchik, to approve the personal services construction management agreement with David Dorrough for completion of the City's administration building and other matters in connection therewith. The motion carried 5-0 and the vote was as follows: AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter NAYES: None. #11 RESOLUTION: Discussion and action on a resolution requesting CPS Energy to fund an electrical infrastructure project for Lowe's. (J. Jewell) RESOLUTION NO. 07-R-46 A RESOLUTION REQUESTING CPS ENERGY TO FUND AN ELECTRICAL INFRASTRUCTURE PROJECT FOR LOWE'S City Council discussed the Community Infrastructure and Economic Development (CIED) fund that is established by CPS Energy to assist communities with costs associated with qualified economic development projects. Lowe's qualified as a development project and will be reimbursed $14,575.00 from the CIED fund. The motion was made by Councilmember Carpenter, and seconded by Councilmember Wilenchik, to approve a resolution requesting CPS Energy to fund an electrical infrastructure project for Lowe's in the amount of $14,575.00. The motion carried 5-0 and the vote was as follows: City Council Regular Meeting 10/16/2007 16 AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter NAYES: None. 7: 1 0 p.m. Mayor Baldwin arrived for the meeting. #12 BID AWARD: Discussion and action on awarding the bid for the Town Creek Sewer Project Gravity Trunk Line. (S. Willoughby). The motion was made by Councilmember Trayhan, and seconded by Mayor Pro-Tern Scagliola, to award the bid for the Town Creek Sewer Project Gravity Trunk Line to Key Enterprises in the amount of $2,027,612.55. The motion carried 5-0 and the vote was as follows: AYES: Council members Fowler, Scagliola, Trayhan, Wilenchik and Carpenter NA YES: None. #13 BID AWARD: Discussion and action on awarding the bid for the Village Drainage Improvements. (S. Willoughby) No Action. Item will be held for next week pending response from the bonding company. DISCUSSION ITEMS: #14 ORDINANCE: Discussion on the final reading of an ordinance for the taxation oftangible personal property in transit. (T. Wilenchik) No changes. Item is ready to go for next week. #15 ORDINANCE: Discussion on final reading of an ordinance authorizing and allowing updated Texas Municipal Retirement System (TMRS) service credits and establishing an effective date. This ordinance applies to new hires from other qualifying government entities. (D. Dykes) No changes. Item is ready to go for next week. #16 ORDINANCE: Discussion on final reading of an Ordinance amending the Unified Development Code (UDC) Ordinance 96-S-28 by rezoning 42.447 acres out of the Toribio Herrera Survey No. 68, abstract No. 153 Guadalupe County, Schertz, Texas from General Business District-l (GB-2) and Single- Family Residential-l District (R-l), to General Business (GB); providing an effective date; and providing a repealing clause. This property is located on Maske Road east of FM 1518, also known as the Pepsi soccer fields. (c. Gabbard) No changes. Item is ready to go for next week. City Council Regular Meeting 10/16/2007 17 #17 EXECUTIVE SESSION: Called under Chapter 551 Texas Government Code, Sub-Section 551.071 - Deliberation Regarding Real Property. No need for an executive session; this item was removed from the agenda. #18 Action, if any on the subject of the above Executive Session. No action required. #19 Items by City Manager Taylor and Staff . Mr. Carpenter asked about the item that was supposed to be on the agenda this week about R V parking on the grass in residential areas, by Mr. Leonard Truitt. Mr. Bierschwale explained that Mr. Truitt wasn't ready with the item and is at a conference this week. This item will be ready next week. . Mr. Bierschwale announced that the annual TML Dinner will be held on Friday, November 2nd, at 7:30 p.m. at Flemings in the Quarry Marketplace. Rita will send out the invitations this week. #20 ADJOURNMENT. Mayor Baldwin adjourned the meeting at 7:27 p.m. ~~ Hal Baldwin,'Mayor ATTEST: ~ erim City Secretary City Council Regular Meeting 10/16/2007 18