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01-06-09 MINUTES REGULAR MEETING January 6, 2009 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on January 6, 2009 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-Tern Michael Carpenter Councilmember Jim Fowler Councilmember David Scagliola Councilmember John Trayhan Councilmember Tony Wilenchik Staff Present: City Manager Don Taylor Assistant City Manager John Bierschwale Assistant City Manager David Harris 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. PRESENT A TIONS . Certificate of appreciation to Esther Mendoza and Shawn Ceeko for the "Blue Santa Program" Mayor Baldwin recognized Police Chief Steve Starr who stated that the Schertz Police Department would like to thank everyone who helped make our Blue Santa program a wonderful success. The overwhelming kindness and generosity of the citizens and businesses was amazing. This year's initiative raised over $7,000.00 and collected tons of toys from local businesses and residents. With the community's help, Blue Santa was able to help 102 children and provide more than 41 families with a Happy Christmas. He stated that Esther Mendoza and Shawn Ceeko were exemplary in the success of this program. Mayor Baldwin presented a certificate of appreciation to Esther Mendoza and Shawn Ceeko for the Blue Santa Program and thanked them for their efforts. HEARING OF RESIDENTS Mayor Baldwin recognized Robert Brockman, 1000 Elbel Road, who addressed the Council on the following: City Council Regular Meeting 317 January 6, 2009 . Stop signs and damaged signs on Schertz Parkway . Lower water crossing - Cibolo Creek . Parks Board agendas - no persons to be heard item Discussion and/or Action Items 1. Minutes - Discussion and/or action regarding the approval of the minutes of the Regular Meeting of December 23,2008. Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Councilmember Fowler to approve the minutes of December 23, 2008 with changes noted. Vote was unanimous. Motion Carried 2. Resolution No. 09-R-Ol - Discussion and/or action approving a resolution calling a Joint Election with the City of Schertz, the City of Cibolo and Schertz- Cibolo-Universal City Independent School District (SCUCISD) and Cibolo Creek Municipal Authority to be held on May 9,2009 for the purpose of electing Councilmembers for Place 3, Place 4 and Place 5 for said City; making provision for the conduct of a joint election; contracting with the Elections Administrator of Guadalupe County to conduct this election. (B. Dennis) Mayor Baldwin recognized City Secretary Brenda Dennis who introduced this item stating that the Council has before them a Resolution calling the May 9,2009 General Election, a Joint Contract with the City of Cibolo, SCUC Independent School District, Cibolo Creek Municipal Authority as well as a Contract Agreement with the Elections Administrator of Guadalupe County. She stated there was a change in the Joint Agreement to reflect that each political subdivision would be responsible for filing its own preclearance letter with the Justice Department to coincide with the language in the Contract Agreement with the Election Administrator. Ms. Dennis stated that she recommends approval of Resolution No. 09-R-01 calling the May 9, 2009 Joint Election with the City of Schertz, City of Cibolo, SCUC Independent School District and Cibolo Creek MunicipalAuthority as well as contracting with the Election Administrator of Guadalupe County. Mayor and Council asked if there were plans in the future to open another voting location and Ms. Dennis stated that she would be reviewing the voting counts and would look into this for the next election. Ms. Dennis stated that the Candidate Packet is now on the City's Website for easy access and downloading as well as hard copies available in her office. City Attorney Michael Spain stated that a letter would have to be submitted to the Department of Justice since there was a change from the November election. Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Mayor Pro- Tern Carpenter to approve Resolution No. 09-R-Ol calling the May 9, 2009 joint election with the City of Schertz, City of Cibolo, Cibolo Creek Municipal Authority, SCUC Independent School District and contract with the Election Administrator of Guadalupe County, Sue Basham Vote was unanimous. Motion Carried City Council Regular Meeting 318 January 6, 2009 3. Ordinance No.09-D-Ol - Discussion and/or action approving an amended speed limit on Live Oak Rd. to 35mph. (First Reading) (L. Dublin) Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item stating as part of an ongoing review of speed limits on City streets by the City Engineer, it was determined that Live Oak Rd. is not covered under Section 86-115 Maxirnum Limits Generally, of the City Code of Ordinance. It was noted that this stretch of Live Oak Rd. is governed by two different speed limits. Two traffic studies were performed, which determined that in order to maintain consistency, the speed limit should be 35mph throughout the entire length of Live Oak Road and the fiscal impact will be $375.00 which is the cost of materials. Mayor Baldwin recognized Mayor Pro-Tern Carpenter who moved, seconded by Councilmember Fowler to approve Ordinance No. 09-D-Ol on first reading. Vote was unanimous. Motion Carried 4. Impact Fees - Discussion and/or action regarding exempting the City of Schertz, Counties and State of Texas projects frorn City of Schertz Impact water and sewer impact fees. (J. Bierschwale/L. Dublin) Mayor Baldwin recognized Assistant City Manager John Bierschwale who introduced this item stating that due to recent action by the School District exempting themselves frorn City impact fees his office investigated the State Law more thoroughly. Results confirmed by the City Attorney, Mr. Spain, that the City of Schertz could be exempted from paying impact fees under Chapter 395 of the Local Government Code. Mr. Bierschwale further stated this would prevent double payment by the public of impact fees. Mr. Bierschwale's only request is that the City exempt itself from the impact fees, stating that Mr. Spain and he would research the contracts for Schertz Seguin Local Government Corp., and CCMA before making a request to those organizations, excluding Counties and State agencies. Councilmember Fowler asked for further clarification and Mayor Baldwin stated that as he understands, the school district opted out of impact fees because the law allows it and that they believe tax payers are getting hit twice from the City and from the school district. Mr. Bierschwale is saying if it is good for the school district then it is good for the city because we are hitting our taxpayers twice when we pay impact fees on buildings that the city builds. An impact fee is a category of funding that can only be used for specific things, in this case to improve the utility system. Councilmember Trayhan stated that he was surprised that the city was not already exernpted from paying irnpact fees and mentioned he would vote to specifically exempt the City from paying impact fees. Mayor Baldwin recognized Councilmember Wilenchik who stated that the item actually states to exempt Counties and the State of Texas as well, and he would only be willing at this time to exempt the city from their own impact fees. City Council Regular Meeting 319 January 6, 2009 Mayor Baldwin recognized Councilmember Trayhan who moved to exempt the City of Schertz from the City of Schertz water and sewer impact fees seconded by Councilmember Wilenchik. Vote was unanimous. Motion Carried 5. Bid #08-PW-41-02 - Park Roads Construction - Discussion and/or action regarding awarding bid to JR Sitework in the amount of$380,856.50. (L. Dublin) Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item stating as part of the development of the City Complex and Recreation facilities, a road network was contemplated with an entrance at Schertz Parkway adjacent to the new Welcome Center and continuing to the ball fields. This project is collectively known as the Parks Roads Project. At the November 25, 2008 Council Meeting, the City Engineer recommended that all bids for this project be rejected because bids received exceeded the budgeted amount and that the project be re-bid after modification to the scope of work. This project was bid on December 4, 2008 with seven contractors submitting bids. The apparent low bidder is JR Sitework with a bid of $380,856.50. Fiscal Impact: Budgeted was $500,000.00. Current Estimated total cost, including engmeenng, construction and incidentals: $460,365.50. Under Budget in the amount of $39,634.50. City Manager Don Taylor thanked Mr. Dublin and his staff. Mayor Baldwin recognized Councilmember Trayhan who stated that based on staff recommendation he rnoved seconded by Councilmember Wilenchik to award the bid for the Parks Road Construction Project to JR Sitework in the arnount of $380,856.50. Vote was unanimous. Motion Carried 6. Five Year Strategic Plan - Discussion and/or action regarding planning a Five Year Strategic Planning session, to include time, date and departrnents. (D. Taylor) Mayor Baldwin recognized City Manager Don Taylor who introduced this item stating that as requested he has been looking into the costs of having a Council workshop, utilizing either the GVEC facility or our Community Center on a Saturday, with a facilitator to work with Council on a strategic plan and a timeline. Mr. Taylor stated he is in the process of obtaining other strategic plans from various cities for Council review in advance of the workshop. Council requested they would like to know which cities have a plan that is actually in place and possibly get their comrnents. It was the consensus of the Council for the City Manager to proceed with providing information and setting a date or dates for the planning session. Requests and Announcements 7. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. None were requested. City Council Regular Meeting "320 January 6, 2009 8. Requests by Mayor and Councilmembers to City Manager and Staff for information. Councilmember Fowler asked when the Nuisance ordinance would be coming to Council. Assistant City Manager Harris stated that the ordinance review committee will be meeting on January 1ih to go over the rewrite and should be bringing it to Council at the end ofthis month. Councilmember Fowler also requested that staff bring an update on the Recreation Project. 9. Announcements by Mayor and Councilmembers . City and community events attended and to be attended . City Council Cornmittee 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 Mayor stated he attended a couple of meetings over the past weeks with the Chamber of Commerce and the Historical Commission regarding the Kramer house and commented on how well the Kramer project is coming along and what an outstanding facility it is going to be. Mayor Baldwin recognized Councilmember Wilenchik who announced that on January 15, 2009 the Financial Peace "Dave Ramsey" course will be starting. It is a thirteen week course which will be held at the Police Department training room every Thursday from 6:30 p.m. to 8:30 p.rn. The cost is $130.00 and is open to employees and citizens, employees can pay for the course by a payroll deduction. Councilmember Wilenchik stated that he is working with Schertz Bank and Trust. to assist in sponsoring part of the cost and also that the course will be TECLOSE credit. If anyone is interested in signing up please contact him or Cindy Raleigh. Mayor Baldwin recognized Councilmernber Scagliola who thanked Larry Dublin and Pat Ramirez in hosting a town hall meeting relating to the Country Club project, stating it was the first time he had been in the Community Center North since the renovations and it's a great facility and thanked everyone involved. Councilmember Scagliola also stated that he was impressed with the Kramer House project and commented how well the project was coming along; it too will be a great facility. Councilmember Scagliola stated that he would be out of town this Thursday and will not be able to attend the TSAC or Humane Society rneetings. 10. Announcements by City Manager . Recognition of City employee actions . New Departmental initiatives . Upcoming City Council agenda items Mayor Baldwin recognized City Manager Don Taylor who stated that he has met with staff regarding the Recreation project and was excited with the plans and would be bringing an City Council Regular Meeting 321 January 6, 2009 update to Council in the future. He also stated that staff would be bringing an update on other ongoing city projects. Mayor Baldwin recognized Assistant City Manager Bierschwale who stated that they would be starting on the other side of Schertz Parkway this week in hopes to have it completed by Friday. Mayor Baldwin recognized Councilmember Fowler who asked if the City Attorney, Michael Spain could provide scheduling information for the next Sedona board meeting.. Mr. Spain stated that the meeting is scheduled for next Tuesday at 5:00 p.m. in the Council Chambers. A project update will be provided for the Board. Mayor Baldwin thanked City Attorney, Michael Spain for the interpretation of the Attorney Generals opinion regarding Council and staff updates and announcements for posting on agendas. Mr. Spain stated that if there are other categories that the Council would like placed on the agenda to get with Mr. Taylor for posting. ADJOURNMENT As there was no further actioJ;l, Mayor Baldwin adjourned t , Hal Baldwin, Mayor ATTEST: ~~~K\A.n Brenda Dennis, TRMC, C City Secretary City Council Regular Meeting 322 January 6,2009