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08-26-2008 MINUTES WORKSHOP AND REGULAR MEETING August 26, 2008 A Workshop and Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on August 26, 2008 at 5:00 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-Tern Tony Wilenchik Council Member Jim Fowler Council Member David Scagliola Council Member John Trayhan Council Member Michael Carpenter Staff Present: City Manager Don Taylor Assistant City Manager John Bierschwale Assistant City Manager David Harris City Attorney Michael Spain City Secretary Brenda Dennis CALL TO ORDER: WELCOME / OVERVIEW: 1. Presentation and discussion of the FY 2008/2009 Budget. (Staff) Mayor Pro-Tern Wilenchik called the workshop to order at 5:00 p.m. Mayor Pro- Tern Wilenchik introduced Assistant City Manager David Harris who briefed the Council on the various city fees, various departments and addressed Council questions. Mr. Harris also addressed sewer, water, garbage and business office rates and fees. ADJOURNMENT WORKSHOP: Mayor Baldwin adjourned the workshop at 6:00 p.m. CALL TO ORDER REGULAR MEETING Mayor Baldwin called the meeting to order at 6:20p.m. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND STATE OF TEXAS. Council Member Carpenter gave the Invocation followed by the Pledges of Allegiance to the Flags of the United States and State of Texas. PRESENTATION . Proclamation for National Payroll Week (Cecilia Settle) Mayor Baldwin read and presented the proclamation for National Payroll Week. _ City Council Regular Meeting 243 - August 26, 2008 - . Explorers Post (D. Covington) Mayor Baldwin recognized Fire Chief Covington who introduced item. Chief Covington introduced Fire Fighter Chris King who gave a brief power point presentation on the Explorers Post objectives answering questions from Council. Mayor and Council congratulated Chief Covington and Chris King for their involvement in making this happen. Chief Covington also introduced Exploring Executive Mike Anastasio with the Alamo Area Council Boy Scouts of America. HEARING OF RESIDENTS Mayor Baldwin recognized the following: . Frances Rushing, Schertz Chamber of Commerce President who provided the following announcements: - This Thursday, August 28th - 10 a.m. - Ribbon Cutting Walgreen's at 1-35 & 1103 - This Friday, August 29th - monthly luncheon - 11 :30 a.m. Civic Center - Banking Crisis presented by Schertz Bank & Trust - FDIC Information - October 20,2008 - Frost Bank Ribbon Cutting - 9 a.m. - Breakfast everyday for a week starting at 7 a.m. - Attended Commissioner's Court today: 0 Public Hearing held: Consideration and discussion regarding the proposed tax rate increase of $0.3895 over the effective tax rate of $0.3674. Commissioner's Court will meet on September 16, 2008, during Open Session to adopt the fiscal year 2008-2009 Tax Rate. 0 The filing of the proposed budget with the County Clerk for fiscal year 2008-09 Budget was passed and has been made available for public inspection. 0 A call for a County General Election to be held on Nov. 4, 2008 was passed along with the Early Voting Schedule, Voting locations, etc. It was noted by Commissioner Wolverton that there has been some communication/voting problems in the past. The Court was assured those problems are being addressed to enhance flow of traffic (voters) and to clear up confusion as to whether the voter is in the right place to vote, hoping to eliminate some of the frustration. It was also discussed that an additional voting location may be added for next year; location being considered is the Guadalupe County extension on Elbel road. 0 No Action taken on a "Notice to Proceed" with Tyler Technologies regarding implementation plan for Odyssey, web based courts and justice solution computer software and funding of monies associated therewith. Set City Council Regular Meeting - 244 August 26, 2008 - to go back on the agenda of Sept 9th. The total cost of this project is estimated to be in the $669,000 +/-. Although this program has full support of the Commissioner's Court, the extra time was necessary to review financial options for funding of the program. . Mr. Robert Brockman, 1000 Elbel Road spoke on new traffic signals having LED's, and Schertz Parkway Street lights. Mayor Baldwin recognized Mr. Terry Hinze from the School Board who was in the audience and mentioned that he was also excited about the new Explorers Post. Council General Announcements: Mayor Pro- Tem Wilenchik . That he had provided the Council with the latest TML final report on the Texas Municipal League taxation and revenue committee, (he sits on this committee); the report has a list of items that TML has voted to advocate for or against in the 2009- 10 Legislative Session. Mayor Pro-Tern Wilenchik stated that there is a list of contact points for Council to consider and that he would relay Councils points to the board. Council Member Fowler . None. Council Member Scagliola . None. Council Member Trayhan . None. Council Member Carpenter . Requested an item be placed on the next agenda to discuss a policy for providing all agenda items in advance as part of their packet. Mayor Baldwin concurred and instructed staff to place this on the next agenda. . General Announcements on meetings/events attended and upcoming events (Mayor) Mayor Baldwin reported that the committee he is on to select a branding company for the Austin-San Antonio Rail District logo interviewed four different candidates and chose Tate Austin Agency in Austin. The company of Tate Austin will also subcontract with a small agency in San Antonio to come up with a logo for the Austin- San Antonio Rail District. City Council Regular Meeting 245 - August 26, 2008 - REGULAR AGENDA 1. Minutes - Consideration and/or action regarding the approval of the minutes of the Workshop and Regular Meeting of August 19, 2008. Mayor Baldwin recognized Council Member Trayhan who moved, seconded by Council Member Fowler to approve the minutes of August 19, 2008 as presented. Vote was unanimous. Motion Carried 2. Resolution No. 08-R-43 - Consideration and/or action approving a resolution designating a particular area, particular dates and times for which alcoholic beverages may not be brought into or removed from Pickrell Park, authorizing extension of park hours, extension of noise hours and authorizing other motorized vehicles in park areas. (G. Logan) Mayor Baldwin recognized Parks Director George Logan and Assistant City Manager John Bierschwale who introduced this item answering questions from Council. Mayor Baldwin recognized Council Member Trayhan who moved, seconded by Mayor Pro-Tern Wilenchik to approve Resolution No. 08-R-43 with the change to Section 1 to state through 1 :00 a.m. on September 28, 2008. Vote was unanimous. Motion Carried 3. Board of Trustee Election - Consideration and/or action regarding the Texas Municipal League Intergovernmental Risk Pool Board of Trustees Election. (D. Taylor) Mayor Baldwin recognized City Manager Don Taylor who introduced this item answering questions from Council. Mayor Baldwin recognized Mayor Pro-Tern Wilenchik who moved, seconded by Council Member Scagliola to direct the City Manager to bring back his recommendations for City Council to vote on. Vote was unanimous. Motion Carried 4. Ordinance No. 08-M-42 - Consideration and/or action approving an ordinance establishing a Marshal Department. First Reading (J. Bierschwale) Mayor Baldwin recognized Assistant City Manager John Bierschwale who introduced this item answering questions from Council. Mayor Baldwin recognized Council Member Scagliola who moved, seconded by Council Member Fowler to approve Ordinance No. 08-M-42 first reading changing Section II (a) to read "The City Marshal shall act under the direction of the City Manager or his/her designee, and the City Marshal's office shall perform the following duties. Vote was unanimous. Motion Carried City Council Regular Meeting 246 - August 26, 2008 ANNOUNCEMENTS - CITY MANAGER AND STAFF . General Announcements on meetings/events attended and upcoming events. None. 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. Mayor Baldwin adjourned the regular meeting into Executive Session at 7: 11 p.m. RECONVENE TO REGULAR SESSION Mayor Baldwin reconvened into regular session at 7:52 p.m. 5. Take any action deemed necessary as a result of the Executive Session. Mayor Baldwin recognized Council Member Scagliola who moved, seconded by Mayor Pro-Tern Wilenchik that the city settle a condemnation lawsuit with Robert and June Dale to confirm a permanent sewer line easement and to acquire a temporary construction easement to complete the final link in Phase One of the Town Creek Sewer line for a total payment to Mr. and Mrs. Dale of $36,500, and that we direct the City Manager to sign all necessary documents to implement this settlement. Vote was unanimous. Motion Carried ADJOURNMENT As there was no further action, Mayor Baldwinq~~.m. Hal Baldwin, Mayor a~~C)~MJf) Brenda Dennis, City Secretary City Council Regula!' Meeting 247 August 26, 2008 ANNOUNCEMENTS - CITY MANAGER AND STAFF . General Announcements on meetings/events attended and upcoming events. None. 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. Mayor Baldwin adjourned the regular meeting into Executive Session at 7: 11 p.m. RECONVENE TO REGULAR SESSION Mayor Baldwin reconvened into regular session at 7:52 p.m. 5. Take any action deemed necessary as a result of the Executive Session. Mayor Baldwin recognized Council Member Scagliola who moved, seconded by Mayor Pro-Tern Wilenchik that the city settle a condemnation lawsuit with Robert and June Dale to confirm a permanent sewer line easement and to acquire a temporary construction easement to complete the final link in Phase One of the Town Creek Sewer line for a total payment to Mr. and Mrs. Dale of $36,500, and that we direct the City Manager to sign all necessary documents to implement this settlement. Vote was unanimous. Motion Carried ADJOURNMENT As there was no further action, Mayor Baldwin q~L:.m Hal Baldwin, Mayor A~ . / "\ (_')....!~~~ J~.M.., f\ Brenda Dennis, City Secretary City Council Regular Meeting 247 August 26, 2008