03-27-2012 MinutesAHNUTES
REGULAR MEETING
March 27, 2012
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on March 27,
2012, 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 Pro -Tem David Scagliola
Councilmember George Antuna
Councilmember Michael Carpenter
Staff Present:
City Manager John Kessei
Executive Director Brian James
City Attorney Katherine Tapley
Mayor Hal Baldwin was absent,
CALL TO ORDER REGULAR MEETING
Councilmember Jim Fowler
Councilmember Cedric Edwards
Executive Director David Harris
Executive Director John Bierschwale
City Secretary Brenda Dennis
Mayor Pro -Tem Scagliola called the meeting to order at 6:02 p.m. and welcomed everyone in
attendance.
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 the State of Texas.
Mayor Pro -Tem Scagliola mentioned that Mayor Baldwin sends his regrets and is under the weather
this evening.
Hearing of Residents
Mayor Pro -Tem Scagliola stated that he would like to rearrange the agenda slightly and go to the
Hearing of Residents portion. Mayor Pro -Tem Scagliola recognized Scoutmaster Mike Ashburn with
Troop 462 who introduced Eagle Scout Candidate Jordan Aguilera. Jordan came forward providing
details of his recent Eagle Scout project at Pickrell Park.
Mayor Pro -Tem Scagliola also introduced Eagle Scout Candidate Josh Zamarripa who came forward
providing details of his recent Eagle Scout project at Ashley Park.
City Events
Announcements of upcoming City Events (D. Harris /J. Bierschwale)
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Mayor Pro -Tem Scagliola recognized Executive Director David Harris who provided the following:
• Monday, April 9, 2012, the City will be hosting the Downtown and North Schertz
Planning Charrette. He stated that staff would be meeting during the day to review the
plans and invited the citizens to attend, but there would be a formal public meeting at
6:00 p.m. at the Civic Center that evening.
• Thursday, April 12, 2012, Northeast Partnership meeting at Olympia Hills Conference
Center
• Friday, April 13, 2012, the City will be hosing the TML Region 7 meeting at the Civic
Center. Legal Q and A will start around 3:30 p.m., and the dinner will be at 6:00 p.m.
with a presentation from AACOG Executive Director Dean Danos regarding the impact
of the Eagle Nord Shale on Communities.
Recognition
• Special recognition to Police Officer Danny Tumlinson (Mayor Baldwin/Chief Taylor)
Mayor Pro -Tem Scagliola recognized Chief Don Taylor who introduced Police Officer
Danny Tumlinson. Chief Taylor read a congratulatory letter from Mayor Harold Schott, City
of La Vernia regarding Officer Tumlinson's professional and quality of service performance.
Mayor Pro -Tem Scagliola and Chief Taylor presented Officer Tumlinson with a letter of
appreciation.
• Special recognition to Police Officer Hillory Halbardier (Mayor Baldwin/Cpt. Bane)
Mayor Pro -Tem Scagliola recognized Police Captain Marc Bane-who introduced Police
Officer Hillory Halbardier. Captain Bane stated that Officer Halbardier is receiving a letter
of appreciation regarding her superior performance of duties while conducting the "Shattered
Dreams" texting and driving awareness class on March 8, 2012. Mayor Pro -Tem Scagliola
and Captain Bane presented Officer Halbardier with a letter of appreciation.
Presentation
• Parks and Recreation Department Update (B. James /G. Logan)
Mayor Pro-Tem Scagliola recognized Parks and Recreation Director George Logan who
introduced Parks Manager Chuck Van Zandt who provided a briefing regarding the Parks,
Recreation, and Community Services department and answered questions from Council.
Highlights included:
• Introduction of staff members
• Parks manages and maintains 377.59 acres of parkland
• Maintains two (2) municipal swimming pools
• Provides major support for special events (4'' of July Jubilee, SchertzFest, and
Festival of Angels)
• Provides support for special projects that occur outside Pickrell Park
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• Manages special projects (monument stone signage, banner maintenance, QR
code sign plate installation, and amenity center projects)
• Exercise Trail Construction
• Newly "Skinned" backboards at Pickrell Park
• Volunteer Help /Community service program
• Friends of Crescent Bend Nature Park
Mr. Logan recognized Owner's Representative Phil Gaudreau who came forward providing
updated information regarding status of the Playscape project based on the discussions received
from Council. Mr. Gaadreau stated that there have been subsequent meetings with suppliers
regarding the project and have narrowed it down to a supplier that they are currently in
negotiations with. As part of this process, several items were also brought up by Council that
really need to be focus on, such as shade, water, etc.
Mr. Gaudreau stated that when they got into the actual negotiations of current trends, information
was provided to them where playground equipment can address and assist children with
disabilities, not just physical disabilities. (Mr. Gaudreau provided copies to Council).
• Finance Department Update (D. Harris /J. Santoya & R. Galindo)
Mayor Pro -Tem Scagliola recognized Finance Director Juan Santoya who provided a
briefing regarding the Finance Department and answered questions from Council. Highlights
included the following:
a Introduction of staff members and responsibilities
o Overview of department duties and current projects, including:
• Budget
• Annual Audit
• Bonds and payments of Bonds
• Payroll
• . Accounts Payable
• Investments
Mayor Pro -Tem Scagliola moved the Consent Agenda and Discussion andlor Action Items before
the Hearing of Residents.
Consent Agenda
The Consent Agenda is considered to be self - explanatory and will be enacted by the Council
with one motion. There will be no separate discussion of these items unless they are removed
from the Consent Agenda upon the request by the Mayor or a Councilmember.
1. Minutes - Consideration a -gd/or action regarding the approval of the minutes of the
Regular Meeting of March 20, 2012.
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2. Resolution No. 12 -R -28 — Consideration and/or action approving a resolution authorizing
an extension to the professional services agreement with Ford Engineering, Inc., and other
matters in connection therewith. (J. Kcsscl/K. Tapley)
The following caption was read into record:
RESOLUTION NO. 12 -R -28
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A SECOND AMENDMENT TO A PROFESSIONAL SERVICES
AGREEMENT WITH FORD ENGINEERING, INC., AND OTHER MATTERS IN
CONNECTION THEREWITH
3. Resolution No. 12 -R -29- Consideration and/or action approving a contract with Alexis
Souza dba Souzamaphone Marketing, LLC for Graphic Design Services. (D. Harris/B.
Bailey & M. Spence)
The following caption was read into record:
RESOLUTION NO. 12 -R -29
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH
ALEXIS SOUZA DBA SOUZAMAPHONE MARKETING, LLC, AND OTHER
MATTERS IN CONNECTION THEREWITH
4. Cancellation of the April 3, 2012 Regular Council Meeting — Consideration and/or
action cancelling the Regular Meeting of April 3, 2012. (J. KesseI/D. Harris)
Mayor Pro -Tem Scagliola recognized Councilmember Fowler who moved, seconded by
Councilmember Edwards to approve the consent agenda items 1, 2, 3, and 4. The vote
was unanimous. Motion carried.
Councilmemhers Carpenter and Antuna arrived at 7.00 p.m.
Discussion and /or Action Items
5. Ordinance No. 12 -D -07 - Consideration and/or action approving an ordinance revising
Section 86 -54 weight limits on Hubertus Road and Friesenhahn Lane. First Reading (J.
Bierschwale/D. Letbetter)
The following caption was read into record:
ORDINANCE NO. 12 -D -07
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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 -54,
VEHICULAR WEIGHT LIMITS ON ROADWAYS MAINTAINED BY
THE CITY OF SCHERTZ; AND PROVIDING AN EFFECTIVE DATE.
Mayor Pro -Tern Scagliola recognized Councilman Jim Fowler who questioned what the
typical weight limit is of commercial traffic on roadways. Mayor Pro -Tern Scagliola
recognized Executive Director John Bierschwale who answered Councilman Fowler's
questions and City Manager Kessel who further explained this item.
Mayor Pro -Tenn Scagliola recognized Councilmember Carpenter who moved, seconded
by Councilmember Edwards to approve Ordinance 12 -D -07 on first reading. The vote
was unanimous. Motion carried.
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 3
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.
Mayor Pro -Tern Scagliola recognized the following who spoke regarding the issues with their homes
and Pulte Home Builders, requesting a buy -back of their homes from Pulte, and requesting their item
be placed on a future Council Agenda:
• Kenneth Russel, 6034 Mule Deer
• Bruce Touve, 5213 Brookline
• Faye Touve, 5213 Brookline
• Janice Lapham, 5236 Columbia
• Sherry Clark, 5264 Brookline
• Ryan Mahoney, 5233 Columbia
• Ralph Hogue, 660 Rooster Run
• Janet Ahmad, Homeowners for Better Building
• Melinda Ruiz, 5408 Storm King
• James Evatt, 5568 Columbia
• Brenda Davis, 5603 Storm King
• Kenny Knippa, 5560 Columbia
• Jennifer Sullivan, 5317 Storm King
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Mayor Pro -Tem Scagliola recognized City Manager John Kessel who indicated that Pulte has
asked him to encourage homeowners to meet with them regarding their issues. Mr. Kessel also
clarified the need for a permit to build a retaining wall. He also indicated that he would notify
Pulte of a large. sink hole on the top of the retaining wall located at 5568 Columbia. Mr. Kessel
has offered Pulte to consider hiring a second third -party engineer at the City's selection to
investigate the issues. He has not heard back from Pulte on their decision regarding this offer to
date.
Mayor Pro-Tern Scagliola indicated that he visited the Fairhaven subdivision this weekend and
discussed his findings, concerns of the current home repairs that are occurring in the subdivision,
and the conversations he had with Pulte representatives regarding the repair. He is confident that
progress is being made on the situation in the subdivision. Mayor Pro-Tern Scagliola
commented on his feelings regarding the current situations and his position as a representative of
the citizens of Schertz. He further expressed his appreciation to the homeowners who have
brought these issues to Council's attention.
Mayor Pro -Tem Scagliola moved into Executive Session at 7 :51 p.m.
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, or real estate, and Section 551.087 Texas
Government Code — Deliberation regarding Economic Development Negotiations.
Mayor Pro -Tem Scagliola reconvened into regular session at 8:47 p.m.
6. Take any 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.
No items requested.
8. Requests by Mayor and Councilmembers to City Manager and Staff for information.
No information requested
9. Announcements by Mayor and Councilmembers
• City and community events attended and to be attended
• City Council Committee and Liaison Assignments
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• 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 -Tem Scagliola announced that he attended the following events:
• Schertz Chamber of Commerce Brighter Futures Grand Opening
• Visited with the Main Street revitalization group
• Meeting with Cibolo Mayor Hartman regarding collaboration with Schertz
10. Announcements by City Manager
Mayor Pro-Tern Scagliola recognized City Manager John Kessel who congratulated
Executive Director David Harris who moderated the Texas City Manager's Association
William King Cole training session for new and aspiring City Managers in Lewisville,
Texas on March 21 -23, 2012. He and Executive Director David Harris discussed the event
in further detail.
City Manager John Kessel expressed his appreciation to the City of Schertz emergency
service personnel who acted heroically in handling a difficult and dangerous situation that
occurred this week in Schertz.
City Manager John Kessel also expressed that the prayers of the City are with Mayor
Baldwin who is out with a medical condition at this time.
Adiournment
Mayor Pro-Tem. Scagliola adjourned
ATTEST:
1
Brenda Dennis, TRMC, MMC City Secretary
03 -27-2012 Minutes