06-21-2011 MinutesMINUTES
REGULAR MEETING
June 21, 2011
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on June 21,
2011, at 6:00 p.m., in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building
##4, Schertz, Texas. The following members present to -wit:
Mayor Hal Baldwin
Councilmember George Antuna
Councilmember Michael Carpenter
Staff Present: City Manager John Kessel
Assistant City Manager David Harris
City Secretary Brenda Dennis
Mayor Pro —Tem Jim Fowler was absent.
Councilmember David Scagliola
Councilmember Cedric Edwards
Assistant City Manager John Bierschwale
City Attorney Michael Spain
CALL TO ORDER REGULAR MEETING
Mayor Baldwin called the meeting to order at 6:00 p.m.
INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED
STATES AND STATE OF TEXAS.
Councilmember Carpenter gave the invocation followed by the Pledges of Allegiance to the Flags
of the United States and State of Texas.
Workshop — (Discussion by Council to Provide guidance to staff)
A. Discussion only regarding Development Agreements in lieu of Annexation. (M. Spain)
Mayor Baldwin recognized City Attorney Michael Spain who introduced this item stating the City
has previously approved a form Development Agreement in lieu of annexation for ag- assessed
property. Staff met on June 13ffi with owners of ag- assessed property in connection with the
current annexation underway in the FM 78, I -10, FM 1518 area. Based on those discussions staff
has three suggested changes to the form Development Agreement, which staff believes are
appropriate for ag- assessed property with minimal impact on the City.
Mr. Spain discussed the proposed changes to Section 2 of the City's form Development
Agreement in lieu of annexation:
• (c) add language "provided that no building permit shall be required for any construction
by the landowner not involving electrical, plumbing, or HVAC work if the cost of the
materials for such construction is less than $5.00.
• And ... after subsection (c) add... "provided, the City will issue a building permit to the
landowner without any requirement that the landowner plat the land if the construction in
question relates to fencing, or the construction, alteration, repair, or maintenance of any
non - habitable accessory structure or building"
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• (d) add language after applicable, "or as specifically set forth herein"
• Add an (f) "The landowner may sell animals, crops, and other materials which are the
product or a by- product of his or her use of the land in accordance with its designation as
agricultural, wildlife management, or timber use without any requirement of obtaining a
home occupation permit".
Mayor and Council agreed with the proposed changes and requested the City Attorney to
proceed in the correction of the development agreements as stated above, as well as offer
this type of development agreement to citizens that were previously annexed. Michael
Spain stated that he would prepare a resolution and changes to the development agreement
for approval at the next meeting. Council also discussed that these possible revisions be
included in the UDC, City Manager John Kessel stated that he would put this on the list of
possible changes that could be done to the UDC at a later date.
PRESENTATION
• Briefing on 4th of July Events (J. Bierschwale/B. Cantu)
Mayor Baldwin recognized Assistant City Manager John Bierschwale who provided
information regarding the upcoming 4th of July Events as follows:
- July 1, 2011 — Carnival begins at 6:00 p.m. to 11:00 p.m. — DJ Spradling 6:00 p.m.
to 8:00 p.m. — Airwave 80's 8:00 p.m. to 11:00 p.m.
July 2, 2011— Carnival begins at 6:00 p.m. to 11:00 p.m. — Cinco Doce 7:00 p.m. to
9:00 p.m. — Shelly Lares Band 9:00 p.m. to 11:00 p.m.
July 3, 2011 — Carnival begins at 6:00 p.m. to 11:00 p.m. — Open Mic US 6:00 p.m.
to 8 :30 p.m. — Nick Lawrence Band 9:00 p.m. to 11:00 p.m.
July 4, 2011— Parade 9:30 a.m. -- Opening Ceremonies 12:00 p.m. — BBQ Cook -off
kick -off 12:00 p.m. — Open Mic US 1:00 p.m. to 4:00 p.m. — Apple Pie Judging
2 :00 p.m. to 3:00 p.m. — Watermelon Eating Contest 4:00 p.m. to 5:00 p.m. — BBQ
Cook- off/Apple Pie Awards 5:00 p.m. to 5:30 p.m. — MC & the Mystyx 6:00 p.m.
to 7:30 p.m. -- Brandon Rhyder Band 8:30 p.m. 11:00 p.m.
Mr. Bierschwale stated that the fireworks display has still been cancelled due to the
sever drought.
CITY EVENTS
• Announcements of upcoming City Events (D. Harris /J. Bierschwale)
Mayor Baldwin recognized Assistant City Manager David Harris who provided the
following information:
Reception for newly appointed City Manager John Kessel at the Civic Center- June
22, 2011, 4:30 p.m. to 7:00 p.m.
City needs volunteer judges for the upcoming 4'h of July barbecue contest, as well
as volunteers for the beer booth. Please call 311 and let them know you wish
volunteer.
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Reminded everyone about the yearly water restrictions, do not water between 10:00
a.m, and 8:00 p.m.
Save the date for August 28, 2011, through August 31, 2011, for the South Schertz
Planning Charrette, presented by Gateway Planning Group, more information to
follow as the date gets closer.
Mayor Baldwin recognized City Attorney Michael Spain who provided the following
information:
July 7, 2011, 6:00 p.m. at the City Council Chambers is another meeting with the
ag- accessed citizens as all the letters did not go out to all the citizens affected in the
Upcoming annexation due to a word processing glitch. He also stated he and staff
would be moving the schedule for annexation to accommodate those who wish to
complete the development agreements by July 9, 2011, and the fmal annexation
would be approved August 9, 2011. Council concurred.
Hearin2 of Residents
Mayor Baldwin recognized the following who spoke:
- Mr. Michael Dahle, 9120 E. FM 1518, who thanked the City for hosting the meeting
Monday, June 13, 2011, regarding the proposed annexation. Mr. Dahle stated that the
question and answer session was very productive and the staff and the city attorney
provided very important information. He also requested Council to approve the
suggested changes to the development agreements.
- Police Chief Don Taylor who stated that the Police Department recently participated
in the State of Texas Police Olympics and introduced CID Detective Steve Rolison
who won not one (1) but three (3) gold medals in the 5K, 1500, and the 800. Mayor
and Council congratulated CID Detective Rolison.
- Ms. Maggie Titterington, President of the Schertz Chamber of Commerce, who
provided updated information regarding the Chamber.
- Mr. Robert Brockman, 1000 Elbel, who spoke regarding the recent water quality
report that was received in the mail asking questions. He also spoke regarding the
"Power Up" program by GVEC in that $.99 will be going to the City and asked what
were the $.99 would go. Assistant City Manager John Bierschwale and Public Works
Director Sam Willoughby addressed Mr. Brockman's concerns regarding the TCEQ
Water Quality report. Assistant City Manager David Harris stated that the $.99 is part
of the Franchise Agreement and that the money is placed in the General Fund. Mr.
Brockman also publically thanked City Attorney Micheal Spain hosting and being
present to answer questions at the June 13, 2011, ag- accessed meeting.
Mayor Baldwin indicated that at staffs request agenda item 2 had been pulled.
Consent Agenda Action Items
Minutes - Consideration and/or action regarding the approval of the minutes of the Regular
Meeting of June 7, 2011, and June 14, 2011.
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2. Professional Services Agreement for Northcliffe Golf Course — Consideration and/or
action approving a Professional Services Assessment Agreement for NorthCliffe Golf
Course. (J. Kessel/G. Logan)
3. Resolution No. 11 -R -31 - Acceptance of water /waste waterline Easement - Consideration
and/or action approving a resolution authorizing a Utility Easement Agreement with Aurora
Jean Sada Pacheco and other matters in connection therewith. (M. Spain/S. Willoughby)
4. Ordinance No. 11 -D -18 — Consideration and/or action approving an ordinance regarding the
installation of a traffic signal at FM 1518 and Lower Seguin Road and FM 78 at River Road.
First Reading (D. Taylor/L. Dublin)
Mayor Baldwin recognized Councilmember Edwards who moved, seconded by
Councilmember Scagliola to approve consent agenda items 1, 3, and 4. The vote was
unanimous. Motion carried
Discussion and/or Action Items
5. EMS Revenue Adjustments - Consideration and/or action approving the EMS Revenue
Adjustments. (J. Bierschwale/D. Wait)
Mayor Baldwin recognized EMS Director Dudley Wait who introduced this item stating
that action requested of Council authorizes a revenue adjustment in the amount of
$272,890.64 for the period January 1, 2011 through March 31, 2011.
Mayor Baldwin recognized Councilmember Edwards who moved, seconded by
Councilmember Scagliola to approve the revenue adjustment amount of $260,046.51. The
vote was unanimous. Motion carried.
Mr. Wait also thanked the Mayor, Council, and staff for the cards and kind words regarding
the recent passing of his father -in -law.
6. RFQ #11- ENG- 11 -A -04 — Consideration and/or action regarding request for qualifications
for Architectural Design Services for Doggie Park and Animal Shelter and Adoption Center
and briefing regarding status of bond projects. (J. Kessel/L. Dublin)
Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item stating
that to begin work on the projects approved in the 2010 Bond Election, a Request for
Qualifications Architectural Design Services was published and responses were received
from twenty -four (24) firms on April 8, 2011. The firms were graded by a committee
consisting of the two Assistant City Managers, the City Engineer, and the Director of Parks
and Recreation. The grading is shown in the score sheet previously submitted. The firms
selected are listed below with the respective project:
For the Doggie Park: Land Design Partners.
For the Animal Shelter and Adoption Center: OCO Architects
Mr. Dublin stated that fees for the professional services will be established and paid out of
the budget for the projects assigned. Staff is recommending that Council authorize the City
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Manager to negotiate contracts with Land Design Partners for Architectural Design
Services related to the Doggic Park and OCO Architects for Design Services for the
Animal Shelter and Adoption Center. Fees for Professional Services will be established
and paid out of funds approved in the 2010 bond election.
Mayor Baldwin recognized Councilmember Edwards who moved, seconded by
Councilmember Carpenter to approve RFQ #11- ENG- 11 -A -04. The vote was
unanimous. Motion carried.
Mr. Dublin provided a brief report regarding the status of the other bond projects stating
that the projects are in the negotiation stage at this time.
Mayor Baldwin stated that there is not a need for an Executive Session. Council did not meet.
EXECUTIVE SESSION
Called under Section 551.071 Texas Government Code Litigation, pending or contemplated
litigation; Section 551.072 Texas Government Code - Deliberation regarding the purchase,
exchange, sale, lease, or value of real property.
RECONVENE TO REGULAR SESSION
7. Take any action deemed necessary as a result of the Executive Session.
No action as Council did not meet.
Requests and Announcements
S. Requests by Mayor and Councilmembers that items be placed on a future City Council
agenda.
No hems were requester.
9. Requests by Mayor and Councilmembers to City Manager and Staff for information.
Mayor Baldwin recognized Councilmember.Scaglioia who stated he and his wife received
recently the TECQ Water Quality Report and had questions regarding the report. He stated
that it is not worth the paper it was printed on since it has data going back as far as 2007,
stating that the City of Schertz has the best quality water and requested additional
information be provided to the citizens regarding the Water Quality Report, and possibly
place something in the Schertz Tales so that citizens could understand the report. City
Manager John Kessel stated that the information in that report is a TCEQ requirement he
would work with staff to have the information packaged with a little steak and sizzle in the
next Schertz Tales.
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
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Recognition of actions by City employees
Recognition of actions by community volunteers
Upcoming City Council agenda items
Mayor Baldwin recognized Councilmember Scagliola who stated he attended today the Chamber
of Commerce luncheon and six year anniversary celebration of the Chamber and the one year
anniversary of Ms. Titterington. Councilmember Scagliola thanked the Chamber and Ms.
Titterington for the job she is doing for the Chamber.
Mayor Baldwin recognized Councilmember's Carpenter and Edwards who echoed
Councilmember Scagliola's comments regarding the activities of the Chamber and the importance
of retaining members.
Mayor Baldwin stated that the Bexar County Appraisal District has provided a copy of their
approved budget and that a copy is in the City Secretary's office if they wished to view it. Mayor
Baldwin also read a thank you letter from Ms. Chelsey Evans recent recipient of the Hal Baldwin
Scholarship.
11. Announcements by City Manager
Mayor Baldwin recognized City Manager John Kessel who provided the following
information:
- Working on the upcoming budget — deep in conversations with each department which
will be providing information to Council at the upcoming August Budget Workshops. He
stated it's a good year, but also a hard one, being still scarce on revenue
- Read letter from Pamela Dawson, Councilmember Place 3 of Windcrest praising Animal
Control Supervisor, Zach Douglas for his help with providing information on the City of
Schertz Animal Control Ordinance and answering her questions. He stated our animal
control folks are top notch.
- Read a letter from the Marshal's Department to the Public Works Department thanking
them for the quick response and assistance in cleanup and removing junk, trash, and
debris from a residence. He stated that this shows teamwork between departments and he
is proud of them and Council should be as well.
- Read a Customer Service Survey praising the Inspections Department for the
professionalism and quick response in obtaining a plumbing permit.
Mayor Baldwin recognized Councilmember Carpenter who stated that the above
mentioned matters, as it relates to customer service, each department working together,
and working with surrounding neighbor cities is in -line with the Council's strategic plans
and goals.
ADJOURNMENT
As there was no further action, Mayor Baldwin adjourned the meeting at 7:03 p.m.
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Mayor Hal Baldwin
ATTEST:
Brenda Dennis, TRMC, MMC City Secretary
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