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03-24-09 MINUTES REGULAR MEETING March 24, 2009 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on March 24, 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 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 Attorney Michael Spain City Secretary Brenda Dennis Mayor Hal Baldwin absent. CALL TO ORDER REGULAR MEETING Mayor Pro-Tern Carpenter 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. HEARING OF RESIDENTS Mayor Pro-Tern Carpenter recognized the following citizens: . Henry Gutierrez, Bexar Waste, who announced the 2009 Spring Cleanup is over and was very successful. Also mentioned that waste haulers are coming into the areas of Schertz and requested citizens alert the City or call Bexar Waste to report them. . Christie Bourquin, Interim President/CEO Schertz Chamber of Commerce who made the following announcements: Thank you to those that attended the Chamber Mixer at Realty Executives Simmonds Group. We had a great turnout. Wednesday, March 25th at 2 pm Ribbon Cutting -Pawderosa Ranch 120 Windy Meadows. 3-24-09 Minutes Friday, March 2ih 12:00 pm - Chamber Monthly Luncheon Schertz Civic Center- Speaker Jami Rasco, VP of Retail Banking Administration at Frost Bank. Subject Fraud: How to Protect Your Business. Meet the Candidates Forum on Monday, April 20th from 6:00pm-8:00pm in the Bluebonnet Room at the Schertz Civic Center. Letters inviting candidates from the city and the school board will be mailed out very soon. . Robert Brockman, lOOO Elbel who came forward asking if the Strategic Planning Session, which will be held Saturday, was opened to-the public? Council concurred. Discussion and/or Action Items 1. Minutes - Discussion and/or action regarding the approval of the minutes of the Regular Meeting of March 17, 2009. Mayor Pro- Tern Carpenter recognized Councilmember Fowler who moved, seconded by Councilmember Trayhan to approve the minutes of March 17, 2009. Vote was unanimous. Motion Carried. 2. Strategic Planning Session with Council: Discussion- and consideration and/or action regarding setting time, date and logistics for Strategic Planning session with Council. (D. Harris) Mayor Pro-Tern Carpenter recognized Assistant City Manager David Harris who stated Council's strategic planning session would be held Saturday, March 28, 2009 at the Schertz GVEC conference room, 908 Curtiss Ave, at 8:00 am. Workshop will focus on the City's vision and goals regarding future economic, social, and cultural environments. Fiscal impact of $3,500 to be paid from City Council budget. No action was necessary, therefore no action taken. 3. Resolution No. 09-R-17 - Consideration and/or action approving Resolution No. 09- R-17 authorizing a Public Facility License Agreement with Soccer Association for Youth of San Antonio, Greater Randolph Area Youth Soccer Association, and Sa lions Futball Inc. (G. Logan) Mayor Pro-Tern Carpenter recognized Parks and Recreation Director George Logan who stated that the City acquired 42 acres at 75 Maske Road for use as a soccer complex, and City Staff recommends that the City enter into a Public Facility License Agreement with Soccer Association for Youth of San Antonio, Greater Randolph Area Youth Soccer Association, and SA Lions Futball Inc. to operate the complex for a period ending September 30, 2020. The City will receive an annual fee of $1; $10 per non-Schertz resident, per team season; $5 per participant or $25 per team for clinics, tournaments, and special events; 50% of parking revenues (if any); and 30% of utility charges. 3-24-09 Minutes Page - 2 - The City will be responsible for 70% of utility charges. The Soccer Alliance will be responsible for all maintenance, upkeep of the fields, facilities and for providing most equipment for use of the property. The City will maintain the existing lighting systems and fencing. Beginning with the period October 1, 2009 through September 30, 2010, each member organization of the Soccer Alliance will donate to the Schertz Parks and Recreation Foundation $5 per participant, per season (not to exceed a total annual donation per organization of $5,000). Fiscal impact of income according to agreement fees and payments of 70% of utility charges. Mr. Logan also addressed questions from Councilmembers. Mr. Logan introduced Col. Mustapha Debboun, President of the Schertz Parks & Recreation Board, who stated the Board, voted unanimously to approve the agreement. Col. Debboun introduced Mr. Ed Quini, President of the Schertz Youth Soccer Alliance Association, who thanked the City of Schertz also stating their Boards agreement. Mr. Quini introduced other members of the Alliance and the Board Members. Mr. Logan introduced Mr. Bill Nicholson, Land Design Partners, who provided a brief PowerPoint on the design of the soccer complex. Mayor Pro-Tern Carpenter recognized Councilmember Scagliola who congratulated Mr. Logan on organizing this agreement; City Manager Don Taylor echoed it. The other members of Council concurred. Mayor Pro-Tern Carpenter recognized Councilmember Scagliola who moved, seconded by Councilmember Wilenchik to approve Resolution No. 09-R-17. Vote was unanimous. Motion Carried. 4. Resolution No. 09-R-18 - Consideration and/or action approving resolution 09-R- 18 approving an access agreement with Southwestern Freight Lines Inc. (L. Dublin) Mayor Pro-Tern Carpenter recognized City Engineer Larry Dublin who introduced this item stating Public Works needs to conduct limited geotechnical tests on the Southeastern Freight Lines, Inc. property adjacent to FM 3009 in connection with utility relocations. Southeastern Freight Lines, Inc. has requested the City to enter into an Access Agreement for such purpose. No fiscal impact. Mayor Pro- Tern Carpenter recognized Councilmember Trayhan who moved, seconded by Councilmember Wilenchik to approve Resolution No. 09-R-18. Vote was unanimous. Motion Carried. 3-24-09 Minutes Page - 3 - 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 Pro-Tern Carpenter recessed into executive session at 7:09 p.m. RECONVENE TO REGULAR SESSION Mayor Pro-Tern Carpenter reconvened into regular session at 7:43 p.m. 5. Resolution No. 09-R-19 - Consideration and/or action approving Resolution No. 09-R-19 designating the City Council Chambers Building as an Alternative Municipal Court Facility, and other matters in connection therewith. (M. Spain) Mayor Pro-Tern Carpenter recognized City Attorney Michael Spain who introduced this item stating action would make the Council Chambers an alternative Municipal Court Facility, designating the building as being gun-free, and direct the City Marshal's office to undertake appropriate security when open to the public, including security-screening devices. Fiscal impact not to exceed $3,200. Mayor Pro-Tern Carpenter recognized Councilmember Trayhan who moved, seconded by Councilmember Fowler to approve Resolution No. 09-R-19. Vote was unanimous. Motion Carried. 6. Take any additional action deemed necessary as a result of the Executive Session. No Action taken. ReQuests and Announcements 7. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No requests were noted. 8. Requests by Mayor and Councilmembers to City Manager and Staff for information No requests were noted. 9. 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 3-24-09 Minutes Page - 4 - . Upcoming City Council agenda items Mayor Pro-Tern Carpenter recognized the following Councilmembers who announced the following: Councilmember Wilenchik: stated that he would be out of town this Friday, March 27, attending the TML Board of Directors Meeting. He also stated that recently he and Councilmember Scagliola were appointed by the City Manager to the Animal Advisory Committee. Councilmember Fowler: attended a HOA meeting with Ashley Place where they voted to work with the City to transfer some land they have. He stated he also attended the Parks & Recreation Board meeting Monday, March 23 rd and will be attending the EDC meeting on March 25th at 11 :30 am. Councilmember Scagliola: thanked everyone involved III the Employee Remembrance Ceremony held Friday, March 20,2009. He thanked the Chamber for keeping the ball rolling regarding the recent ribbon cutting at La Quinta last Friday. He announced today he attended a ribbon cutting ceremony for Best Friends in Cibolo and would be attending a ribbon cutting for Pawderosa Ranch at 120 Windy Meadows, Wednesday, March 25th at 2 pm. Councilmember Scagliola thanked the Historical Committee for their recent success and efforts in designating the Old Hospital on Main Street as another historic site in Schertz, mentioning it was held on Sunday, March 22, 2009. He also gave special thanks to Friends of Northern Schertz Park for keeping North Park area nice and clean mentioning that someone had tagged the area recently with graffiti and volunteers quickly came out to remove it. 10. Announcements by City Manager . Recognition of City employee actions . New Departmental initiatives Mayor Pro-Tern Carpenter recognized City Manager Don Taylor who stated that he along with Assistant City Manager Bierschwale attended the legislative session yesterday in Austin regarding city related bills, which have been filed. He also mentioned that today many staff members attended a hazmat training session hosted by City Marshal Beverly Todd. Mr. Taylor also mentioned the upcoming TML Region 7 Meeting hosted by the City of Devine on April 30, 2009, if attending contact the City Secretary by April 10,2009. City Attorney Michael Spain stated that he and members of the City of Schertz, City of Cibolo and City of New Braunfels would be attending a legislative hearing 3-24-09 Minutes Page - 5 - tomorrow to testify concerning a bill filed related to utilities in cities over 10,000 to provide adequate fire flow. ADJOURNMENT As there was no further action, Mayor Pro-Tern Carpenter adjourned the meetin at 7:50 p.m. enter, Mayor Pro-Tern ATTEST: ~~c~ enda Dennis, TRMC, CMC City Secretary 3-24-09 Minutes Page - 6 -