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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: 4-7-09 Minutes 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 4-7-09 Minutes Page - 2 - 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 4-7-09 Minutes Page - 3 - 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. 4-7-09 Minutes Page - 4 - 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 4-7-09 Minutes Page - 5 - 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. 4-7-09 Minutes Page - 6 - 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 ;/lIt;/;!&L /~(llirC ATTEST: 4-7-09 Minutes Page - 7 -