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04-14-09 MINUTES REGULAR MEETING April 14, 2009 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on April 14, 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 David Harris City Attorney Michael Spain City Secretary Brenda Dennis Mayor Baldwin was 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. PRESENTATION . Presentation and Proclamation in support of the 2010 Census. (N. Sophia Azoubel) Mayor Pro-Tern Carpenter recognized Ms. Azoubel who gave a brief presentation regarding the upcoming 2010 Census. Mayor Pro-Tern Carpenter introduced and welcomed N. Sophia Azoubel representing the Census Bureau, he then read and presented the proclamation to Ms. Azoubel . Proclamation National Child Abuse Month (Norma Blackwell, Executive Director Casa of Central Texas, Inc.) Mayor Pro-Tern Carpenter read and presented the Proclamation to Norma Blackwell and other members of Case of Central Texas, Inc. HEARING OF RESIDENTS Mayor Pro-Tern Carpenter recognized the following citizens: 4-14-09 Minutes . Michael Westerdale, 540 Brookshadow, spoke regarding sponsorship for the Lone Star Academy. . Ken Greenwald, 205 Westchester, who came forward speaking regarding the quiet zone Issue. . Raymond Cook, 913 Dimrock, who came forward requesting that the city issue water use restrictions. . The following citizens spoke regarding the Golf Course sale in Northcliffe: - Teresa Smart, Jon Long, Eugene Martinez, W. L. Morin, and Robert McMahan . The following citizens spoke regarding the heavy construction trucks on Columbia Drive: Larry Mooney and Robert McMahan. Mayor Pro-Tern Carpenter asked if it was the consensus of the Council to place an item on the next agenda to discuss the Northcliffe Golf Course issue. Council concurred. Discussion and/or Action Items 1. Minutes - Discussion and/or action regarding the approval of minutes of the April 7, 2009 regular meeting. - Mayor Pro-Tern Carpenter recognized Councilmember Trayhan who moved, seconded by Councilmember Scagliola to approve the minutes of the Regular Meeting of April 7, 2009. Vote was unanimous. Motion Carried. 2. Resolution No. 09-R-22 - Consideration and/or action approving Resolution No. 09-R-22 for a first amendment to Tower Lease Agreement with Verizon Wireless. (M. Spain) Mayor Pro-Tem Carpenter recognized City Attorney Michael Spain who stated that on March 17,2009, the City Council approved a telecommunications antennas lease (with three possible five-year extensions) with Verizon Wireless at the City's water tank site at 1057 Live Oak Road. City staff recommends that the Tower Lease Agreement be amended to finalize Exhibit B to the Tower Lease Agreement and to modify the process of securing and paying for background checks on Verizon personnel who will work at the water tank site. He stated that background checks would be conducted by the Human Research Department. Mayor Pro-Tern Carpenter recognized Councilmember Trayhan who moved, seconded by Councilmember Fowler to approve Resolution No. 09-R-22. Vote was unanimous. Motion Carried. 3. Amendment to SSLGC Interlocal Agreement with City of Selma for Off-Peak Water Sales- Consideration and/or action approving an amendment to the SSLGC Interlocal Agreement for Off-Peak Water Sales. (J. Bierschwale) 4-14-09 Minutes Page - 2 - Mayor Pro-Tern Carpenter recognized City Manager Don Taylor, who stated that the Schertz-Seguin Local Government Corporation (SSLGC) along with the cities of Schertz and Seguin previously entered into an Interlocal Agreement relating to off-peak water sales with the City of Selma on October 15, 2008. That agreement states that the customer will pay SSLGC for the service of making additional water available to Selma at a higher rate equal to $2.68 per thousand gallons during the off-peak season. The City of Selma has requested an amendment to the agreement stating that the off-peak rate be applied to the City of Selma's water usage over its normal historical average during the off-peak season and the regular rate be applied to water usage below the historical average. The historical average is defined as the average monthly usage during the same calendar months for the years 2007 and 2008. The change will be retroactive to October 1, 2008. On March 26, 2009, SSLGC's board of directors approved an amendment to the Interlocal Agreement between the City of Selma and SSLGC. SSLGC requests the City of Schertz City Council consent to and approve the amendment to the Interlocal Agreement between SSLGC and the City of Selma for off-peak water sales. The cities of Seguin and Selma will also seek approval of this amendment. Mayor Pro-Tern Carpenter recognized Councilmember Trayhan who moved, seconded by Councilmember Scagliola to approve the amendment to the SSLGC Interlocal Agreement. Vote was unanimous. Motion Carried. 4. City of Schertz Strategic Planning Document - Consideration and/or action adopting the Strategic Planning Document as prepared by Briseno & Associates. (Council) Mayor Pro-Tern Carpenter recognized Assistant City Manager David Harris who provided Council with the draft notes from the Strategic Planning Session. Council discussed items that should only be part of the draft notes and not part of the final Strategic Plan, and recommended adopting the notes as a guideline and brainstorming document for the finalization of the plan. Mayor Pro-Tern Carpenter recognized Councilmember Trayhan who moved, seconded by Councilmember Scagliola to adopt the Strategic Planning document as a guide and have staff bring back a definitive formal plan document. Vote was unanimous. Motion Carried 5. Quiet Zone Cost of Study - Consideration and/or action regarding cost of study to be performed regarding Quiet Zone Implementation. (Request of Mayor Pro-Tern Carpenter) M. Nichols/P. Graves Mayor Pro-Tern Carpenter recognized City Manager Don Taylor who stated that staff was asked to check what the cost would be to have a study conducted. He stated that individuals from the Federal Railroad Administration would come out and do a preliminary study at no cost to the City and that it would give Council 4-14-09 Minutes Page - 3 - more accurate information on the cost of implementing quiet zones. They will be coming in about two weeks and staff will bring this information back to Council. No action taken. 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-Tem Carpenter recessed into executive session at 7:15 p.m. RECONVENE TO REGULAR SESSION Mayor Pro-Tem Carpenter reconvened into Regular Session at 7:50 p.m. 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. As requested above, Council requested an item be placed on the next agenda to discuss the feasibility of the Golf Course. purchase, which is for sale in the Northcliffe area. 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 . Upcoming City Council agenda items Mayor Pro- T em Carpenter recognized the following Councilmembers who announced the following: Councilmember Scagliola who thanked Mr. Taylor and the Public Works Department for quickly addressing the sign issue. 4-14-09 Minutes Page - 4 - Councilmember Wilenchik reported that he, Assistant City Manager David Harris, Bob Cantu, and Cindy Raleigh went to Cancer Therapy & Research Center CTRC and presented them with a check for over $29,000 from the proceeds of the recent Wilenchik Walk for Life. Sherry Ortiz, Director of Development, greeted them and gave them a tour of the facility. 10. Announcements by City Manager . Recognition of City employee actions . New Departmental initiatives ADJOURNMENT As there was no further action, Mayor Pro-Tern Carpenter adjourned the m ng at 7:59 p.m. ATTEST: rend a Dennis, TRMC, CMC City Secretary 4-14-09 Minutes Page - 5 -