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10-14-2008 AgendaSCHERTZ CITY COUNCIL REGULAR SESSION MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 REGULAR AGENDA TUESDAY, OCTOBER 14, 2008 Regular Session 6:30 p.m. REGULAR SESSION CALL TO ORDER: INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND STATE OF TEXAS. HEARING OF RESIDENTS This time is set-aside for any person who wishes to address the City Council. Each person should fill out the Speaker’s register prior to the meeting. Presentations should be limited to no more than 5 minutes. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. ANNOUNCEMENTS • General Announcements on meetings/events attended and upcoming events (Council) • General Announcements on meetings/events attended and upcoming events (Mayor) REGULAR AGENDA 1. Minutes -Consideration and/or action regarding the approval of the minutes of the Regular Meeting of September 23, ?23, 2008. 2. Ordinance No. 08-D-47 – Consideration and/or action amending Ordinance No. 07-D-15 revising the school zone boundaries. Final Reading (M. Harris) 3. TSAC Revised By-Laws & Board Member Appointments – Consideration and/or action approving the revised TSAC By-Laws and appointment of Board Members. (L. Dublin) 4. Bid #08-PW-31-S-02 -East Live Oak Water Plant Improvement – Consideration and/or action awarding the East Live Oak Water Plant Improvement project. (L. Dublin) 10-14-08 Council Agenda 5. Bid #08-PW-35-S-01 – Westchester Drive Extension – Consideration and/or action awarding a bid for the Westchester Drive Extension. (L. Dublin) 6. Bid #08-PW-36-C-01 – Deer Haven Street Reconstruction – Consideration and/or action awarding a bid for the Deer Haven Street Reconstruction. (L. Dublin) 7. Public Library Interlocal Agreement (Guadalupe County) – Consideration and/or action approving an Interlocal Agreement with Guadalupe County for Library Services. 8. Ordinance No. 08-D-48 – Consideration and/or action revising Section 86-41(b) three-way stops. (Cherry Tree Drive and Turnabout Loop) First Reading (L. Dublin) 9. SSLGC Interlocal Agreement – Off-Peak Water Sales – Consideration and/or action approving an Interlocal Agreement for Off-Peak Water Sales. (A. Cockrell) 10. Resolution No. 08-R-47 – Consideration and/or action supporting the Texas Rail Relocation and Improvement Fund. (Mayor Baldwin) 11. Resignations/Appointmen /Reappointment to Boards and Commissions/Committees – Consideration and/or or action regarding resignations appointments/reappointments to Boards and Commission/Committees. • Resignation of Larry Brenner – Historical Preservation Committee • Appointment of Andreas Wooten – Historical Preservation Committee ANNOUNCEMENTS – CITY MANAGER AND STAFF • General Announcements on meetings/events attended and upcoming events 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. RECONVENE TO REGULAR SESSION 12. Take any action deemed necessary as a result of the Executive Session. ADJOURNMENT CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 9th DAY OF OCTOBER, 2008 AT 10:00 A.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE 10-14-08 City Council Agenda Page -2 - PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. Brenda Dennis BRENDA DENNIS, TRMC, CMC CITY SECRETARY I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON _____DAY OF _______________, 2008. ____________________________Title:____________ _____________ This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services please call 619-1030 at least 24 hours in advance of meeting. 10-14-08 City Council Agenda Page -3 - 10-14-08 City Council Agenda Page -4 -COUNCIL ASSIGNMENTS Mayor Baldwin Liaison -Schertz Seguin Local Government Corporation Liaison -Schertz Historical/Preservation Committee Interview Board for Boards and Commissions Investment Advisory Committee ASA Commuter Rail District Board Mayor Pro-Tem Wilenchik Investment Advisory Committee Liaison -Schertz Chamber of Commerce Liaison -Board of Adjustments Audit Committee Interview Board for Boards and Commissions Liaison – TIRZ II Board AACOG Advisory Committee AACOG Economic Development TML Board of Directors TML Municipal Revenue & Taxation Committee Councilmember Fowler Liaison -Schertz Economic Development Corporation Liaison -Parks & Recreation Advisory Board Interview Board for the Boards and Commissions Councilmember Carpenter Liaison -Library Advisory Board Liaison -Planning and Zoning Commission Liaison -50th Year Anniversary Committee Liaison -Schertz Youth Commission Liaison – TIRZ II Board Councilmember Scagliola Liaison -Transportation Safety Advisory Commission Liaison -Schertz Humane Society Alternate Interview Board for Boards and Commissions Liaison – Schertz Sweetheart Court Councilmember Trayhan Liaison -Schertz Housing Authority Audit Committee Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: October14, 2008 Department: Administration Subject: Minutes BACKGROUND On September 23, 2008 a Regular City Council Meeting was held at the Municipal Complex Council Chambers at 6:00 p.m., 1400 Schertz Parkway Building #4. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approval of the September 23, 2008 minutes. ATTACHMENT Minutes 09/23/08 City Council Regular Meeting September 23, 2008 263 MINUTES REGULAR MEETING September 23, 2008 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on September 23, 2008 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 Pro-Tem Tony Wilenchik Council Member Jim Fowler Council Member David Scagliola Council Member John Trayhan Council Member Michael Carpenter Staff Present: Assistant City Manager David Harris Assistant City Manager John Bierschwale City Secretary Brenda Dennis Mayor Hal Baldwin absent. CALL TO ORDER REGULAR MEETING Mayor Pro-Tem Wilenchik called the meeting to order at 6:30 p.m., and stated that the Mayor would not be in attendance this evening. 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. INTRODUCTIONS • Introduction of new employee and oath of office to Joshua Meyer, Fire Department (D. Covington) Mayor Pro-Tem Wilenchik recognized Fire Chief David Covington who introduced new employee Joshua Meyer. Fire Fighter Joshua Meyer introduced his daughter Sara and son Jacob. PROCLAMATIONS • Council Member Carpenter read the National Night Out Proclamation and presented it to Police Chief Steve Starr. • Council Member Carpenter read the National Fire Prevention Week Proclamation and presented it to Fire Chief David Covington. City Council Regular Meeting September 23, 2008 264 HEARING OF RESIDENTS Mayor Pro-Tem Wilenchik recognized the following: • EMS Director Dudley Wait who provided information on the Council Chambers sound system and how it works. • Ms. Melba Smith, 206 Aero, who gave an update on the pool concessions received by the 50th Anniversary Committee. • Francis Rushing, Schertz Chamber of Commerce President, who announced the following: -Friday, September 26, 2008 at 11:30 a.m. is the Chamber Monthly Luncheon. -Monday, September 29, 2008 at 3:00 p.m. is the scheduled time for the New Post Office Ribbon Cutting ceremony. • Ms. Rosemary Grayson, 5213 Cabana Drive who addressed the Council on concerns regarding the amount of individuals allowed in a residence. • Ms. Jan Wilson, 5218 Cabana Drive, who also addressed the Council on concerns of the amount of individuals living in a residence. ANNOUNCEMENTS • General Announcements on meetings/events attended and upcoming events (Council) • General Announcements on meetings/events attended and upcoming events (Mayor) Council General Announcements: Mayor Pro-Tem Wilenchik • Attend the Schertz Sweetheart Coronation and Scholarship awards ceremony Wednesday, September 17th, excellent event. Council Member Carpenter • Attended the City Auction on Saturday, September 20th and complimented the Public Works Department, Purchasing and all the volunteers for all their efforts for a successful event. Mr. Carpenter mentioned the City grossed over $80,000 for this event. Council Member Fowler • None. Council Member Scagliola • Attend the Schertz Sweetheart Coronation and Scholarship awards ceremony Wednesday, September 17th. • Attended the Duke Davis musical history of the American Cowboy at the Civic Center on Saturday, September 20, 2008. Council Member Trayhan • None. City Council Regular Meeting September 23, 2008 265 REGULAR AGENDA 1. Minutes -Consideration and/or action regarding the approval of the minutes of the Regular Meeting of September 23, 2008. Mayor Pro-Tem Wilenchik recognized Council Member Trayhan who moved, seconded by Council Member Scagliola to approve the minutes of September 23, 2008. Vote was unanimous. Motion Carried 2. EMS Write-Off’s – Consideration and/or action regarding approval of the EMS write-off’s as per City policy. (D. Wait) Mayor Pro-Tem Wilenchik recognized EMS Director Dudley Wait who introduced this item answering questions from Council. Mayor Pro-Tem Wilenchik recognized Council Member Carpenter who moved, seconded by Council Member Fowler to approve the EMS Write-Off’s in the amount of $996,272.53. Vote was unanimous. Motion Carried 3. Schertz-Seguin Local Government Corporation – Consideration and/or action approving a budget amendment to the FY 2007/08 Budget. (A. Cockrell) Mayor Pro-Tem Wilenchik recognized SSLGC Director Alan Cockrell who introduced this item answering questions from Council. Mayor Pro-Tem Wilenchik recognized Council Member Trayhan who moved, seconded by Council Member Scagliola to approve a budget amendment to the FY 2007/08 SSLGC Budget. Vote was unanimous. Motion Carried 4. Schertz-Seguin Local Government Corporation – Consideration and/or action approving a Management Services Agreement between the SSLGC and the City of Schertz. (A. Cockrell) Mayor Pro-Tem Wilenchik recognized SSLGC Director Alan Cockrell who introduced this item answering questions from Council. Mayor Pro-Tem Wilenchik recognized Council Member Carpenter who moved, seconded by Council Member Scagliola to approve a Management Services Agreement between the SSLGC and the City of Schertz. Vote was unanimous. Motion Carried 5. Ordinance No. 08-D-47 – Consideration and/or action amending Ordinance No. 07-D-15 revising the school zone boundaries. (M. Harris) Mayor Pro-Tem Wilenchik recognized Lieutenant Michael Harris who introduced this item answering questions from Council. Mayor Pro-Tem Wilenchik recognized Council Member Fowler who moved, seconded by Council Member Trayhan to approve Ordinance No. 08-D-47 on first reading. Vote was unanimous. Motion Carried City Council Regular Meeting September 23, 2008 266 6. Cherry Tree Drive Crosswalk – Consideration and/or action regarding approval for the installation of a pedestrian crosswalk across Cherry Tree Dr. at Turnabout Loop and making this intersection a three-way stop. (L. Dublin/S. Willoughby) Mayor Pro-Tem Wilenchik recognized City Engineer Larry Dublin and Public Works Director Sam Willoughby who introduced this item answering questions from Council. Mayor Pro-Tem Wilenchik recognized Council Member Carpenter who moved, seconded by Council Member Scagliola to approve the installation of a pedestrian crosswalk across Cherry Tree Drive at Turnabout Loop and making the intersection a three-way stop. Vote was unanimous. Motion Carried BOARD APPOINTMENTS 7. Appointment/Reappointment to Boards and Commissions/Committees – Consideration and/or action regarding appointments/reappointments to Boards and Commission/Committees. Mayor Pro-Tem Wilenchik recognized Council Members Scagliola and Fowler who introduced this this item. Council member discussed the proposed appointments. Mayor Pro-Tem Wilenchik recognized Council Member Scagliola who moved, seconded by Council Member Carpenter to ratify the re-appointment of Norman Slocum, appoint Donald McQueen as regular member, and appoint Van Adams as regular member; appoint Frank McElroy and Rebekah Inmon as alternate members to the Board of Adjustments. Vote was unanimous. Motion Carried Mayor Pro-Tem Wilenchik recognized Council Member Fowler who moved, seconded by Council Member Carpenter to ratify the re-appointments of Ernest Evans, Ken Greenwald, William Sommers, and Roberta Tutschke to the Planning and Zoning Commission. Vote was unanimous. Motion Carried Mayor Pro-Tem Wilenchik recognized Council Member Fowler who moved, seconded by Council Member Trayhan to ratify the re-appointments of Steve White and Harry Whitney and appoint James Harden and Matthew Duke to the Economic Development Corporation. Vote was unanimous. Motion Carried Mayor Pro-Tem Wilenchik recognized Council Member Carpenter who moved, seconded by Council Member Fowler to ratify the appointments of Gail Hyatt and Louis Foehrkolb to the Historical Preservation Commission. Vote was unanimous. Motion Carried Mayor Pro-Tem Wilenchik recognized Council Member Fowler who moved, seconded by Council Member Scagliola to ratify the appointment of Robert Wallace as regular member and Dean Midlick as alternate member to the Parks and Recreation Commission. Vote was unanimous. Motion Carried City Council Regular Meeting September 23, 2008 267 PUBLIC HEARING /ORDINANCE 8. SUP-2008-032 – Conduct a public hearing and consideration and/or action approving an Ordinance for SUP to allow a self-storage facility in GB Zoning. (M. Nichols) Applicant has withdrawn their application. Mayor Pro-Tem Wilenchik recognized Planner II Misty Nichols who introduced this item stating that the applicant had withdrawn their application and that no action is required. Mayor Pro-Tem Wilenchik opened the public hearing and as no one spoke, closed the public hearing. No action was taken as the applicant had withdrawn. 9. Ordinance No. 08-S-46 -Conduct a public hearing, presentation, discussion and possible action regarding the adoption of a new City of Schertz Unified Development Code. (T. Rhodes) Mayor Pro-Tem Wilenchik recognized Assistant City Manager David Harris who introduced this item. Mr. Harris stated that the City Council is required to hold a public hearing for consideration of this item; however, staff envisions a thorough review of the UDC by the Council over the course of the next few meetings. He stated that the UDC will be broken into thirds and that October 21, 2008; October 28, 2008 and November 4, 2008 have been set for workshops that will start at 5:00 p.m. Mr. Harris stated that staff will republish the public hearing for November 4th and the final reading will be November 18, 2008. Therefore, it is staff’s recommendation that the City Council conducts the public hearing and postpones consideration and reading of the ordinance until the November 4, 2008 meeting. Mayor Pro Tem Wilenchik opened the public hearing and recognized Mr. Robert Brockman, 1000 Elbel who came forward asking for clarification on the dates. Mayor Pro Tem Wilenchik recognized Ms. Rosemary Grayson, 5213 Cabana Drive, who went over a few corrections that needed to be made. As no one else spoke, Mayor Pro Tem Wilenchik closed the public hearing and stated that Council will begin the workshops on October 21, 2008, with a public hearing hearing being set for November 4, 2008. ANNOUNCEMENTS – CITY MANAGER AND STAFF • General Announcements on meetings/events attended and upcoming events Mayor Pro-Tem Wilenchik recognized Assistant City Manager John Bierschwale who reminded everyone of SchertzFest which starts on Thursday, September 25th through Saturday, September 27th. 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. City Council did not meet in Executive Session. City Council Regular Meeting September 23, 2008 268 ADJOURNMENT As there was no further action, Mayor Pro-Tem, Wilenchik adjourned the meeting at 7:39 p.m. __________________________________ Tony Wilenchik, Mayor Pro-Tem ATTEST: _____________________________________ Brenda Dennis, TRMC, CMC City Secretary Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: October 14, 2008 Department: Police Department Subject: Ordinance No. 08-D-47 – revising maximum speed limits in school zones Final Reading BACKGROUND Consideration and/or action on approval of Ordinance No. 08-D-47 amending section 86-118 of the Code of Ordinances regarding maximum speed limits in school zones and amending Ordinance No.07-D-15 to expand the boundaries of the school zone. City Council passed this on first reading at their September 23, 2008 meeting. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve final reading of Ordinance No. 08-D-47 ATTACHMENT Provided in the September 23, 2008 Packet ORDINANCE NO. 08-D-47 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; AND PROVIDING A REPEALING CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION I THAT, Section 86-118 of the Code of Ordinances, City of Schertz, Texas be amended to add the following: “Section 86-118, Maximum Limits In School Zones” Street Extent Speed Limit Schertz Parkway From 700 feet South of Elbel Road to 150 feet North of Buffalo Drive, 20 MPH SECTION II 1. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. 2. This Ordinance shall be in force and effect from and after its final passage. First reading approved on the 23rd day of September 2008. PASSED, APPROVED AND ADOPTED this the 14th day of October 2008. ____________________ _______ Mayor, City of Schertz, Texas ATTEST:_______________________ City Secretary, City of Schertz, Texas Agenda No. 3 CITY COUNCIL MEMORANDUM/RESOLUTION City Council Meeting: October 14, 2008 Department: Public Works Subject: Transportation Safety Advisory Commission – Consideration and action approving the Revised Bylaws for the TSAC; Consideration and action approving an alternate member and a high school liaison BACKGROUND The Transportation Safety Advisory Commission (TSAC) reviews their by-laws periodically and makes revisions as needed. This revision proposes the addition of an alternate member to help meet the quorum requirements. In addition, a replacement is needed for high school liaison, Christopher Coronado, who graduated this spring. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ: That the City Council approves the TSAC Bylaws as written and approves the appointment of Doreen Bowers, alternate member, and Kevin Bean, high school liaison. PASSED AND APPROVED at a regular meeting of the City Council of the City of Schertz, Texas this 14th day of October, 2008, at which meeting a quorum was present, held in accordance with the provisions of V.T.C.A., Government Code, §551.001 et seq. APPROVED _________________________ Hal Baldwin, Mayor ATTEST: ____________________________________ Brenda Dennis, TRMC, CMC City Secretary Agenda No. 4 CITY COUNCIL MEMORANDUM/RESOLUTION City Council Meeting: October 14, 2008 Department: Engineering Subject: Bid # 08-PW-31-S-02 -East Live Oak Water Plant Improvements BACKGROUND The City’s present system receives water from the Schertz Seguin Local Government Corporation at the East Live Oak Water Plant into a 1.5 Million Gallon (MG) storage tank (the City pumped an average of 4.2 Million Gallons per Day (MGD) during 2007). The system needs an additional 7.5 million gallon ground storage tank and increased pumping capacity to support average daily flows, pressure maintenance and fire flow due to growth in the City as outlined in the “Capital Improvements Program and Impact Fee Analysis Year 2005”. This project was bid on September 11, 2008 with five contractors submitting. A tabulation of the bids is attached. The apparent low bidder was Central Road and Utility, Ltd. with a bid of $3,197,658.00. As bid, the project consists of construction of a 7.5 million gallon concrete storage tank, pump modifications, piping additions, roadway improvements and fencing. FISCAL IMPACT Budgeted FY 2007/08 Water Capital Recovery account number: 919-515900 $3,100,000 Estimated total cost, including engineering, construction and incidentals $3,600,000 Shortage $ 500,000 The final cost for construction of the 1.5 million gallon elevated tank at the East Live Oak site will be approximately $2,540,000. This project was funded through a revenue bond issued for $3,200,000. The difference of approximately $660,000 will be used to fund the shortfall. RECOMMENDATION Public Works concurs with Ford Engineering’s recommendation that Council award the bid for the East Live Oak Water Plant Improvements to Central Road and Utility, Ltd. in the amount of $3,197,658.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ: That the above stated staff recommendations are hereby approved and authorized. City Council Memorandum Page 2 PASSED AND APPROVED at a regular meeting of the City Council of the City of Schertz, Texas this 14th day of October, 2008, at which meeting a quorum was present, held in accordance with the provisions of V.T.C.A., Government Code, §551.001 et seq. APPROVED _________________________ Hal Baldwin, Mayor ATTEST: __________________________ Brenda Dennis, City Secretary Agenda No. 5 CITY COUNCIL MEMORANDUM/RESOLUTION City Council Meeting: October 14, 2008 Department: Engineering Subject: Bid #08-PW-35-S-01 Westchester Drive Extension BACKGROUND As part of the Recreation Center/Library Complex Project it is necessary to extend Westchester Drive from its present terminus in the Villages to Elbel Street to allow a second access point to the new facilities.. This project was bid on September 25, 2008 with thirteen contractors submitting. A tabulation of the bids is attached. The apparent low bidder was R.L. Jones LP with a bid of $368,698.00. As bid, the project consists of construction of a drainage system to drain the library parking lot, utility adjustments, extension of a sanitary sewer to provide service for the Recreation service and the new construction of approximately 700 lineal feet of roadway. FISCAL IMPACT Budgeted in 2007 Bond – Recreation Center $562,400 Estimated total cost, including engineering, construction and incidentals $466,043 Under Budget $ 96,357 RECOMMENDATION The City Engineer concurs with Professional Engineering Design Group’s recommendation that Council award the bid for the Westchester Drive Extension Project to R. L. Jones LP in the amount of $368,698.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ: That the above stated staff recommendations are hereby approved and authorized. PASSED AND APPROVED at a regular meeting of the City Council of the City of Schertz, Texas this 14th day of October, 2008, at which meeting a quorum was present, held in accordance with the provisions of V.T.C.A., Government Code, §551.001 et seq. City Council Memorandum Page 2 APPROVED _________________________ Hal Baldwin, Mayor ATTEST: __________________________ Brenda Dennis, City Secretary Agenda No. 6 CITY COUNCIL MEMORANDUM/RESOLUTION City Council Meeting: October 14, 2008 Department: Engineering Subject: Bid #08-PW-36-C-01 – Deer Haven Street Reconstruction BACKGROUND The reconstruction and widening of the streets in the Deer Haven Street Reconstruction is a project contemplated in the 2005 Street Bond Program. This project was bid on October 2, 2008 with eleven contractors submitting. A tabulation of the bids is attached. The apparent low bidder is D & D Contractors with a bid of $715,427.30. As bid, the project consists of reconstruction of utility adjustments, improved entrance lanes from FM 3009, drainage improvements, and reconstruction of approximately 7800, lineal feet of roadway. FISCAL IMPACT Budgeted in 2007 Bond – Recreation Center $1,308,276.00 Estimated total cost, including engineering, construction and incidentals $ 954,499.00 Under Budget $ 353,777.00 RECOMMENDATION The City Engineer concurs with Professional Engineering Design Group’s recommendation that Council award the bid for the Deer Haven Street Reconstruction Project to D & D Contractors in the amount of $715,427.30. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ: That the above stated staff recommendations are hereby approved and authorized. PASSED AND APPROVED at a regular meeting of the City Council of the City of Schertz, Texas this 14th day of October, 2008, at which meeting a quorum was present, held in accordance with the provisions of V.T.C.A., Government Code, §551.001 et seq. APPROVED _________________________ Hal Baldwin, Mayor City Council Memorandum Page 2 ATTEST: __________________________ Brenda Dennis, City Secretary Agenda No. 7 CITY COUNCIL MEMORANDUM/RESOLUTION City Council Meeting: October 14, 2008 Department: Library Subject: Public Library Interlocal Agreement (Guadalupe County) BACKGROUND The Guadalupe County Interlocal Agreement for library services with the City of Schertz expired September 30, 2008. The Commissioners Court has voted to renew the agreement for FY 2008-09, paying the City of Schertz $173, 045. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ: That the City Council approves the Guadalupe County-City of Schertz Public Library Interlocal Agreement. PASSED AND APPROVED at a regular meeting of the City Council of the City of Schertz, Texas this 14th day of October, 2008, at which meeting a quorum was present, held in accordance with the provisions of V.T.C.A., Government Code, §551.001 et seq. APPROVED _________________________ Hal Baldwin, Mayor ATTEST: ____________________________________ Brenda Dennis, TRMC, CMC City Secretary ATTACHMENT 2008-09 Public Library Interlocal Agreement Agenda No. 8 CITY COUNCIL MEMORANDUM City Council Meeting: October 14, 2008 Department: Public Works /Engineering Subject: Ordinance No. 08-D-48 -three-way stop at Cherry Tree/Turnabout Loop and Install Crosswalk across Cherry Tree Drive First Reading BACKGROUND At the Transportation Safety Advisory Commission (TSAC) meeting on August 7, 2008, several citizens brought to the commissions’ attention a safety hazard when residents in the Northcliffe area walk to the city park on Cherry Tree Dr. A motion was made to have the City of Schertz Engineer complete a traffic study on Cherry Tree Dr. to determine if a crosswalk was warranted and send the findings to City Council for approval. A traffic study was done and due to the high volume of traffic, the city engineer affirms that a crosswalk across Cherry Tree Dr. at Turnabout Loop is needed to provide a safe pedestrian crossing to the city's park. The city engineer stated that an additional two stop signs are needed to create a three-way stop intersection at Cherry Tree Dr. and Turnabout Loop to complete the design. FISCAL IMPACT The Fiscal Impact will be $4,400.00. Proposed FY 2008-2009 budget, Account number: 101-359-551600 – Street Maintenance. RECOMMENDATION Staff recommended at the September 23, 2008 that Council approve installation of a crosswalk across with two additional stop signs on Cherry Tree Dr. at Turnabout Loop, thus amending ordinance Sec 86-41b – Stop Intersections Designated. ACTION At the September 23, 2008 Council Meeting, Council approved the installation of the three-way stop and cross-walk at the intersection of Cherry Tree and Turnabout Loop. ATTACHMENTS Ordinance No. 08-D-48 ORDINANCE NO. 08-D-48 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 86-41(B), THREEWAY STOPS; AND PROVIDING A REPEALING CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION 1 THAT, Section 86-41(b) of the Code of Ordinances, City of Schertz, Texas be amended to read as follows: “Section 18-41(b), Stop Intersections – Designated Three-Way Stops “Cherry Tree Drive and Turnabout Loop” SECTION 2 THAT, all ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed. Approved on first reading the 14th day of October 2008. PASSED, APPROVED AND ADOPTED this the ____ day of October, 2008. _________________________ Mayor, City of Schertz Texas ATTEST: _____________________________________ Brenda Dennis, TRMC, CMC City Secretary (SEAL OF CITY) Agenda No. 9 CITY COUNCIL MEMORANDUM/RESOLUTION City Council Meeting: October 6, 2008 Department: Administration Subject: SSLGC Interlocal Agreement with City of Selma for Off-Peak Water Sales BACKGROUND The Schertz-Seguin Local Government Corporation (SSLGC) along with the Cities of Schertz and Seguin previously entered into a regional water supply contract with the City of Selma on August 29, 2003. SSLGC’s system has unused water capacity in the off-peak water season, November 1 through March 31. The City of Selma would like to use water from SSLGC during the off-peak winter season and conserve its allocations from the Edwards Aquifer for the peak summer season. The volume of water delivered by SSLGC to the City of Selma during the off-peak period will not count against the 800 acre-foot per year limitation established in the Regional Water Supply Contract. However, the combined rate of flow for all water delivered by SSLGC to the City of Selma is limited to 1,000 gallons per minute under both this Agreement and the Regional Water Supply Contract. In order to provide additional water to the City of Selma, they will be charged SSLGC’s highest rate during the offpeak season. On September 18, 2008, the Schertz-Seguin Local Government Corporation Board of Directors approved the attached Interlocal Agreement with the City of Selma for off-peak water sales. The City of Seguin will seek to approve this agreement at its council meeting on October 7, 2008. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ: That the City Council approves the Interlocal Agreement with the City of Selma for off-peak water sales PASSED AND APPROVED at a regular meeting of the City Council of the City of Schertz, Texas, this 14th day of October, 2008, at which meeting a quorum was present, held in accordance with the provisions of V.T.C.A., Government Code, §551.001 et seq. APPROVED ___________________________________ Hal Baldwin, Mayor ATTEST: ____________________________________ Brenda Dennis, TRMC, CMC City Secretary ATTACHMENT ATTACHMENT Interlocal Agreement with City of Selma for Off-Peak Water Sales Agenda No. 10 CITY COUNCIL MEMORANDUM City Council Meeting: October14, 2008 Department: Administration Subject: Resolution No. 08-R-47 – Supporting the Texas Rail Relocation and Improvement Fund BACKGROUND Freight and passenger mobility is critical to the economic prosperity and quality of life in the State of Texas and the Austin-San Antonio Corridor. Population growth and increased international trade have combined to create both freight movement and passenger vehicle congestion throughout the State of Texas and the Austin-San Antonio Corridor and the state’s population has grown by 57% and the total passenger miles driven rose by 95% over the past 25 years, but highway lane miles increased by just 8% over the same period. Many recent studies have shown that transporting goods by rail is more energy efficient than transporting goods by truck, and creates fewer air quality-eroding carbon emissions. Both Austin and San Antonio are in danger of becoming named as “noon-attainment” areas under the Federal air quality standards and Austin and San Antonio have endorsed local policies directed at reducing carbon emissions related to both air quality and global warming. The Legislature of the State of Texas has passed and the public has approved by election the constitutional amendment creating the Texas Rail Relocation and Improvement fund. The annual appropriation to the Texas Rail Relocation and Improvement fund should come from a source other than Fund 6 (gas tax revenues constitutionally dedicated to highways. The Texas Relocation and Improvement Fund could be used throughout the State to relieve traffic congestion, improve freight movement mobility, remove hazardous materials from the heavilypopulated areas of urban Texas, and thus improve the economy and quality of life in Texas. FISCAL IMPACT As stated above: Air quality and global warming. RECOMMENDATION Staff recommends Council approve Resolution No. 08-R-47 in support of the Texas Rail Relocation and Improvement Fund. ATTACHMENT Resolution No. 08-R-47. Agenda No. 11 CITY COUNCIL MEMORANDUM City Council Meeting: October 14, 2008 Department: City Council Subject: Boards and Commissions Appointments/reappointments/Resignations BACKGROUND The City Council will consider action regarding the resignation of Larry Brenner from the Historical Preservation Commission and appoint Andreas Wooten to the Historical Commission. FISCAL IMPACT None RECOMMENDATION It is recommended that the City Council ratify the resignation of Larry Brenner from the Historical Preservation Commission and Appoint Andreas Wooten to the Historical Commission. ATTACHMENTS Resignation: Larry Brenner Application: Andreas Wooten