01-13-2009 AgendaSCHERTZ CITY COUNCIL REGULAR SESSION MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 REGULAR AGENDA TUESDAY, JANUARY 13, 2009 Regular Session
6:30 p.m. Call to Order Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas. Hearing of Residents This time is set-aside for any person who wishes
to address the City Council. Each person should fill out the speaker’s register prior to the meeting. Presentations should be limited to no more than 5 minutes. Discussion by the Council
of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry,
and/or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to
speak in the order they have registered. Discussion and/or Action Items 1. Minutes – Discussion and?/or action regarding the approval of the minutes of the Regular Meeting of January
6, 2009. 2. Ordinance No.09-D-01 – Discussion and/or action approving an amended speed limit on Live Oak Rd. to 35mph. (Final Reading) (L. Dublin) 3. Sidewalks along FM 3009 – Discussion
only regarding sidewalks along FM 3009. (L. Dublin) Requests and Announcements 4. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 5. Requests
by Mayor and Councilmembers to City Manager and Staff for information 6. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council
Committee and Liaison Assignments (see assignments below) 1-6-09 Council Agenda
• Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers 7. Announcements by City Manager
• Recognition of City employee actions • New Departmental initiatives • Upcoming City Council agenda items Adjournment CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ,
TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 8th DAY OF JANUARY, 2009 AT 2:00 P.M. WHICH IS A PLACE READILY ACCESSIBLE TO THE
PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. Brenda Dennis BRENDA DENNIS, TRMC, CMC CITY SECRETARY I CERTIFY THAT THE ATTACHED
NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON _____DAY OF _______________, 2009. ____________________________Title:____________
_____________ This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have
a request for sign interpretative services or other services please all 619-1030 at least 24 hours in advance of meeting 1-13-09 City Council Agenda Page -2 -
1-13-09 City Council Agenda Page -3 -COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Baldwin Liaison -Schertz Seguin Local Government Corporation Liaison -Schertz Historical/Preservation
Committee Interview Board for Boards and Commissions Investment Advisory Committee ASA Commuter Rail District Board Councilmember Wilenchik Investment Advisory Committee Liaison -Schertz
Chamber of Commerce Liaison -Board of Adjustments Audit Committee Interview Board for Boards and Commissions Liaison – TIRZ II Board AACOG Advisory Committee AACOG Economic Development
TML Board of Directors TML Municipal Revenue & Taxation Committee Councilmember Fowler Liaison -Schertz Economic Development Corporation Liaison -Parks & Recreation Advisory Board Interview
Board for the Boards and Commissions Mayor Pro-Tem Carpenter Liaison -Library Advisory Board Liaison -Planning and Zoning Commission Liaison -50th Year Anniversary Committee Liaison
-Schertz Youth Commission Liaison – TIRZ II Board Councilmember Scagliola Liaison -Transportation Safety Advisory Commission Liaison -Schertz Humane Society Alternate Interview Board
for Boards and Commissions Liaison – Schertz Sweetheart Court Councilmember Trayhan Liaison -Schertz Housing Authority Audit Committee
Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: January 13, 2008 Department: Administration Subject: Minutes BACKGROUND On January 6, 2009 a Regular City Council Meeting was
held at the Municipal Complex Council Chambers at 6:30 p.m., 1400 Schertz Parkway Building #4. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approval of the January 6, 2009
minutes. ATTACHMENT Minutes 1-9-09
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-Tem 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. PRESENTATIONS •
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 January 6, 2009 317
• 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-01 – 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 Municipal Authority 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-Tem Carpenter to approve Resolution No.
09-R-01 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 January 6, 2009 318
3. Ordinance No.09-D-01 – 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 Maximum 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-Tem Carpenter who moved, seconded by Councilmember Fowler to approve Ordinance No. 09-D-01 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 from 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 based on the most resent action taken by the School
District exempting themselves from the impact fees. This action caused him to investigate 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 for
impact fees. Explaining that a citizen when purchasing a home within the city limits of Schertz pays an impact fee for water and sewer service. This is a double impact using public dollars
to pay water/sewer impact fees when a citizen has already paid their home impact fees and then visit a City owned public facility using the same amount of water/sewer services. His only
request is that the City exempts themselves from the impact fees, stating that Mr. Spain and he would research the contracts for Schertz Seguin Local Government Corp. and CCMA from 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 which is to improve the system. It is not part of the budget every year or it could be, but it comes out of the impacted
fees that doesn’t affect your tax rate at all, doesn’t affect your water rates, it affects only the fund balance you have in the impact fees. He stated the city already collects the
fees and is paid out of the water/sewer fund or the general fund. City Council Regular Meeting January 6, 2009 319
Councilmember Trayhan stated that he was surprised that the city was not already exempted from paying impact 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. 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 due to the first
bid exceeding 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.
A tabulation of the bids is attached. 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
engineering, 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 moved seconded by Councilmember Wilenchik to award the bid for the Parks Road Construction Project to JR Sitework
in the amount 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 departments. (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. He
stated he is in the process of obtaining other plans from various cities to provide Council in advance of workshop that would be useful to review. City Council Regular Meeting January
6, 2009 320
Council requested they would like to know which cities have a plan that is actually in place and possibly get their comments. 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. 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 12th to go over the rewrite and should be bringing it
to Council at the end of this 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 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 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.m. 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 Councilmember 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 meetings. City Council Regular Meeting January 6, 2009 321
City Council Regular Meeting January 6, 2009 322 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
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 information on the next board meeting regarding the Sedona project. Mr. Spain stated that the meeting is scheduled for next Tuesday at
5:00 p.m. in the Council Chambers for an update on the Sedona project. 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 action, Mayor Baldwin adjourned the meeting at 7:34 p.m. __________________________________ Hal Baldwin, Mayor ATTEST: ________________________
_____________________________ Brenda Dennis, TRMC, CMC City Secretary
Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: January 13, 2009 Department: Engineering /Public Works Subject: Ordinance No. 09-D-01-Recommendation to amend speed limit signs
on Live Oak Rd. to 35mph. (Final Reading) BACKGROUND As part of an ongoing review of the speed limits on City streets by the City Engineer, it was determined that Live Oak Rd. is not
covered under Section 86-115 Maximum 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. City Council passed this
on first reading at their meeting on January 6, 2009. FISCAL IMPACT The Fiscal Impact will be $375.00. Proposed FY 2008-2009 budget, Account number: 101-359-551600 – Street Maintenance.
RECOMMENDATION Staff recommends Council approve final reading of Ordinance No. 09-D-01 to amend amend speed limit signs on Live Oak Rd. ATTACHMENT Ordinance No. 09-D-01
ORDINANCE NO. 09-D-01 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING SECTION
86-115, MAXIMUM LIMITS GENERALLY; AND PROVIDING A REPEALING CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION I THAT, Section 86-115 of the Code of Ordinances,
City of Schertz, Texas be amended to add the following: “Section 86-115, Maximum limits generally. (a) As a result of a traffic and engineering survey conducted by the traffic engineer,
the maximum, reasonable, safe and prudent speed limit has been found and is hereby declared to be 20 miles per hour on any street in any residential or business district in the city,
except as may be otherwise provided in this article…the limits specified in this section shall be lawful, but any speed in excess of such limits shall be prima facie evidence that the
speed is not reasonable and prudent and that it is unlawful Street Extent Speed Limit Live Oak Road Entire length of roadway 35 MPH SECTION II THAT, all Ordinances or parts of Ordinances
in conflict with this Ordinance are hereby repealed. SECTION III This Ordinance shall be effective from and after its final passage and any publication required by the City Ordinance.
APPROVED on first reading the 6th day of January, 2009. PASSED, APPROVED AND ADOPTED this the 13th day of January, 2009. ___________________________________ Mayor, City of Schertz, Texas
ATTEST: ______________________________ City Secretary, City of Schertz