04-07-09
MINUTES
REGULAR MEETING
April 7, 2009
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
April 7, 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 Attorney Michael Spain
Deputy City Secretary Mary Ybarra
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.
Mayor Pro-Tern Carpenter gave the Invocation followed by the Pledges of Allegiance to
the Flags of the United States and State of Texas.
PRESENT A TION
. Proclamation for Sexual Assault Awareness Month (10 Marie Montague and Amy
Bierschwale to accept)
Mayor Baldwin introduced and welcomed J 0 Marie Montague and Amy
Bierschwale representing the Crisis Center. The Mayor read and presented the
proclamation to Jo Marie and Amy.
. Certificate of appreciation to Landscape of Texas for donation of 50 trees to the
City of Schertz (Mayor/G. Logan) Bierschwale to accept)
Mayor Baldwin read and presented the Certificate of Appreciation to Jerry
Williams of Landscape of Texas.
HEARING OF RESIDENTS
Mayor Baldwin recognized the following citizens:
. Christie Bourquin, Interim President/CEO Schertz Chamber of Commerce who
made the following announcements:
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Meet the Candidates Forum
Monday, April 20, 2009 - 6:30 pm-9:00 pm - Schertz Civic Center - Meet the candidates
for the upcoming City and SCUCISD elections! For more information, please call the
Chamber at 210-566-9000.
April Luncheon
Friday, April 24, 2009 - 12 noon - Schertz Civic Center - Speaker Bob TulIgren of
Discovery Challenge Ropes Course. Mr. Tullgren is an incredible motivational person that
uses the teamwork philosophy in everyday life. Cost is $10 per person with advance
reservations. $15 at the door. RSVP to jpowell@schertzchamber.org, or call 210-566-9000.
Our Lunch on the' Go Series will launch in May and will focus on Marketing in Turbulent
Times.
. Ken Greenwald, 205 Westchester who carne forward and thanked Council on the
completion of Westchester Drive. He also mentioned graffiti concerns within the
area.
. Robert Brockman, 1000 Elbel who carne forward and reported that he attended the
Library Advisory Board meeting where discussion on the Library grand opening
took place and told Council the Board was looking for direction on financial help to
fund the grand opening. Mentioned the clock in the lobby is missing.
INTRODUCTIONS
. Introductions of new employees: (Police Department)
Police Chief Starr introduced the following new employees and read a short biography
on each:
Jacob Gonzalez
Daniel Molleda
Cory Vanderver
Council welcomed the new employees and wished them a great future with the City.
Discussion and/or Action Items
1. Minutes - Discussion and/or action regarding the approval of the minutes of the
Regular Meeting of March 24,2009 and the Special Meeting of March 28,2009.
Mayor Baldwin recognized Mayor Pro-Tern Carpenter who moved, seconded by
Councilmember Trayhan to approve the minutes of the Regular Meeting of March
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24, 2009 and the Special Meeting of March 28, 2009. Vote was unanimous.
Motion Carried.
2. Resolution No. 09-R-20 - Consideration and/or action approving a resolution
authorizing a revised Infrastructure Development Agreement between SCC Schertz
Partners, LLC (previously known as SCC Development Company, LLC) and the
City of Schertz Economic Development Corporation in the amount of $28,600 (K.
Mitchell)
Mayor Baldwin recognized Karen Mitchell with the Mitchell Planning Group who
stated that on November 18, 2008, by Resolution No. 08-R-52, the City Council
approved an Infrastructure Development Agreement submitted by the City's
Economic Development Department with SCC Development Company, LLC, now
known as SCC Schertz Partners, LLC, the owner of Hubertus Retail Addition in
order to provide funds to assist with the development of this site. As part of the
original Agreement, SCC was to have the property replatted in order to dedicate
right-of-way to the City for a future road, as shown on the approved Master
Thoroughfare Plan, parallel to IH-35. After the City Council had initially approved
the Infrastructure Development Agreement, it was determined that the property
owner could deed the right-of-way property to the City by separate instrument
rather than replat.
Ms. Mitchell stated the purpose of the request is for City Council to approve a
revised Infrastructure Development Agreement, including the Deed Without
Warranty, accepting the indicated land as right-of-way for a future street, correcting
the name of the property owner, and making several other modifications to the
original Infrastructure Development Agreement.
City Attorney Michael Spain went over changes to the agreement since last
meeting.
Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by
Councilmember Scagliola to approve Resolution No. 09-R-20. Vote was
unanimous. Motion Carried.
3. Resolution No. 09-R-21 - Consideration and/or action approving a resolution
authorizing a Library systems sales agreement with 3M Company and other matters
in connection therewith. (G. Douglas/M. Uhlhorn)
Mayor Baldwin recognized Library Director Gail Douglas and Library Manager
Melissa Uhlhorn who carne forward stating that this is a contract with 3M Library
Systems for Library Radio Frequency Identification (RFID) Software & Equipment
answering question from Council and provided a brief overview of software
capability. The agreement has been reviewed by City Attorney Michael Spain and
was found satisfactory.
They stated the fiscal impact would corne from the current fiscal year's budget,
$50,000 for the purchase of RFID equipment and software. In addition, fiscal year
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2008 has an encumbered amount of approximately $80,000.00 for the purchase of
RFID equipment and software. The sales price of the 3M system is $120,577.00
plus shipping and handling costs. There will be annual licensing fees of
approximately $12,500 for the product after the initial year.
Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by
Councilmember Scagliola to approve Resolution No.09-R-21. Vote was unanimous.
Motion Carried.
4. Quiet Zone - Presentation and discussion and/or action regarding railroad quiet
zone issues. (M. Nichols/P.Graves)
Mayor Baldwin recognized Planner II Misty Nichols and Planning Intern Peter
Graves, who carne forward presenting a brief PowerPoint regarding railroad quiet
zone issues and covered those areas within the City that are affected. They stated a
quiet zone requires implementation of Supplemental Safety Measures (SSMs),
which have wide-ranging costs, and can vary from installing concrete medians in
the crossing street to building a bridge over the tracks. The fiscal impact would be
between $26,000 and $100,000.
Council discussion followed covering such issues as cost of study, possibly budget
the cost in next fiscal year budget, having the Federal Railroad Administration
corne out and give an estimate of costs. Some members of Council believe that if
the issue has surfaced and the City does not act, the matter will corne up again. The
estimates on the study to determine the actual fiscal impact was not known, but
believe to be more than projected by the presentation.
Mayor Baldwin recognized Councilmember Wilenchik who moved, seconded by
Councilmember Trayhan to task staff to research the cost of such a study and report
findings at next week's meeting. Vote was 4-1 with Mayor Pro-Tem Carpenter
voting no. Motion Carried.
5. Pickrell Park Restroom Renovation - Discussion and consideration and/or action
approving the renovations for the Restroom Facilities at Pickrell Park Pavilion. (G.
Logan)
Mayor Baldwin recognized Parks Director George Logan who stated that the
renovations at Pickrell Park Pavilion are completed. The Renovation Project
included masonry and stucco upgrades to the Pavilion walls and piers. We have
received positive comments, praise and kudos from citizens and visitors concerning
the pavilion upgrades.
Staff recommends a masonry and stucco upgrade to the restrooms. This project
upgrade will cost approximately $28,620. The plan is to use the $3,500 left over
from the EDC funded "Rock facing Project" for the Pavilion, therefore we only
need approximately $26,000 from the Parkland Dedication Fund. This restroom
upgrade will beautify and blend with the upgrade to the newly renovated pavilion.
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Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by
Mayor Pro-Tern Carpenter to approve the renovations to the restroom facilities
at the Pickrell Park Pavilion in the amount not to exceed $28,620. Vote was
unanimous. Motion Carried.
6. Guadalupe County Master Gardeners - Discussion/Consideration and/or action
for approval to waive all fees associated with the Purchase & Installation of a water
meter at the Guadalupe County Annex Building. (Mayor)
Mayor Baldwin recognized City Manager Don Taylor who stated that Guadalupe
County would like to partner together with the City of Schertz, in allowing the
Guadalupe County Master Gardeners to utilize the excess land along the north side
of the Guadalupe County Schertz Annex buildings to be dedicated to the
development of a community garden. All produce grown at the community garden
would be donated to a food bank(s) identified within the immediate Schertz area for
distribution to needy local citizens.
Mr. Taylor mentioned that Judge Wiggins is requesting the City consider waiving
of all fees associated with the purchase and installation of a water meter. Once the
meter is installed, the County would encumber all usage costs associated with the
water meter, which will be used to water the garden by a drip irrigation system.
Staff recommends approval to waive all fees associated with the purchase and
installation of a water meter at the Guadalupe County Annex Building.
Mayor Baldwin recognized Councilmember Wilenchik who moved, seconded by
Councilmember Scagliola to waive all fees associated with the purchase and
installation of a water meter. Vote was unanimous. Motion Carried.
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 recessed into executive session at 7:29 p.m.
RECONVENE TO REGULAR SESSION
Mayor Baldwin reconvened into Regular Session at 8:30 p.m.
7. Take any additional action deemed necessary as a result of the Executive Session
Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by
Councilmember Trayhan that City Council approve an agreement for the purchase
and sale of Edwards Aquifer Groundwater with John H. Mueller and James 1.
Mueller to purchase 13 acre feet of unrestricted withdrawal rights of Edward
Aquifer water at a price of $70,200 with such payment to be made from capital
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recovery funds for the purchase of an interest in land. Vote was unanimous.
Motion Carried.
Requests and Announcements
8. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
No requests were noted.
9. Requests by Mayor and Councilmembers to City Manager and Staff for information
No requests were noted.
10. 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 comrr,lUnity volunteers
. Upcoming City Council agenda items
Mayor Baldwin recognized the following Councilmembers who announced the
following:
Councilmember Scagliola commented that after the clean up of North Park by the
Friends of North Park, the Park unfortunately was tagged once again. The Police
Department is doing a good job; they actually have a line on who is doing the
tagging.
Councilmember Wilenchik reported receiving campaign literature -"Citizens
against Wilenchik" that contained misinformation and the names of individuals
attributed to the campaign literature. After contact with those individuals, it was
revealed that they were unaware and did not give permission to use their names for
such literature. He will be reporting the matter to the Texas Ethics Commission.
Mayor Baldwin stated that he appreciated and enjoyed the input from each
Councilmember at the recent Strategic Planning Session. There were great
comments, good ideas and is one of the best planning sessions yet. Mary and Alex
Briseno did an excellent job at keeping everyone on track. Great job!
He reported that the Commuter Rail Committee met with the consulting firm that is
responsible for corning up with Logo and Branding for the rail. The names have
been narrowed to three (3) names. He is not at liberty to reveal the names, but he
can say he is impressed with the names and believes that anyone of the names will
catch on quickly and be a key word for the train.
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11. Announcements by City Manager
. Recognition of City employee actions
. New Departmental initiatives
Mayor Baldwin recognized City Manager Don Taylor who stated that the Strategic
Plan would be passed out for Council review. Reminded Council on personnel
changes within City Hall, there are new faces and others have been relocated. Staff
has been working for the past two months with different departments to be more
efficient, and save money. Next Tuesday he, Mayor Baldwin, Johnny Bierschwale,
Mayor Mathis (Seguin), and City Manager (Seguin) will attend the legislature
session in Austin to support passage on a pending bill.
City Attorney Michael Spain reported on two other pieces of legislature that are
pending and if they pass; would revoke the Attorney General's decision on
restrictions on announcements about community activities, etc. and other bills of
interest that would possibly help with the Green Valley Firefighters situation.
ADJOURNMENT
As there was no further action, Mayor Baldwin adjourned the meeting
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ATTEST:
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