04-17-2012 Minutes1VIIl~TUTES
REGULAR MEETING
April I7, 2U12
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on April 17,
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 Kessel
Executive Director David Harris
City Attorney Michael Spain
Councilmember Jim Fowler
Councilmember Cedric Edwards
Chief of Staff Bob Cantu
Executive Director Brian James
City Secretary Brenda Dennis
CALL TO ORDER REGULAR MEETING
Mayor Pro-Tem Scagliola called the meeting to order at 6:00 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 stated that he would be rearranging the agenda this evening and would be
moving into Executive Session at this time.
Mayor Pro-Tem Scagliola moved into executive session at 6:03 p.m.
Executive Session
Called under Section 55IA74 Deliberation regarding personnel matters, duties of certain
public afficials, and employees.
Mayor Pro-Tem Scagliola reconvened into regular session at 6:28 p.m.
Re nest b Ma or Pro-Tem that durin the hearin of residents remarks should be limited to
comments concernin Ma or Hal Baldwin.
Mayor Pro-Tem Scagliola stated that this evening under hearing of residents, he would be
recognizing those who wish to speak regarding comments concerning Mayor Hal Baldwin.
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Hearin of Residents
This tame is set aside for any person who wishes to address the City Council. Each person should~ll
out the speaker's register prior to the meeting. Presentations should be limited to no more than 3
minutes.
Mayor Pro-Tem Scagliola recognized the following who provided comments regarding Mayor Hal
Baldwin:
• Mr, Steve White, 805 Main Street, provided camments regarding Mayor Hal Baldwin. Mr.
White commended staff for their professionalism and all their efforts regarding the arrangements
of the memorial ceremony for Mayor Baldwin.
• Ms. Janice Lapham, 5236 Columbia, provided comments regarding Mayor HaI Baldwin and
presented the City with a check to go towards the Hal Baldwin Scholarship.
• Caitlin Baumgarten, 2830 Olive Avenue, provided comments regarding Mayor Hal Baldwin and
mentioned she was a candidate for the Hal Baldwin Scholarship
• Dr. Michael Springs, 276 Victoria Point, provided comrents regarding Mayor Hal Baldwin and
requested a petition to rename Schertz Parkway to Harold Baldwin Parkway.
• Mr. Ed "Grumpy" Azzoz provided comments regarding Mayor Hal Baldwin and agieed to the
petition to rename Schertz Parkway to Harold Baldwin Parkway.
• Ms. Maggie Titterington, President Schertz Chamber of Commerce (SCOC), provided comments
regarding Mayor Hal Baldwin and presented a check for the Hal Baldwin Scholarship.
• Mr. Bob Gibson, 3517 McAlister Lane, provided comments regarding Mayor Hal Baldwin.
• Councilmember and resident Jim Fowler provided comments regarding Mayor Hal Baldwin.
• EMS Director Dudley Wait provided comments regarding Mayor Hal Baldwin and his
department's involvement in assisting with the organization of the memorial services.
• Fire Chief David Covington provided comments regarding Mayor Hal Baldwin. Chief Covington
also provided comments regarding his department's involvement in the memorial services.
• Councilmember Cedric Edwards provided comments regarding Mayor Hal Baldwin. He
provided a short story regarding his daughter, saying that Mayor Baldwin is not gone, he is in
our hearts.
City Events
Announcements of upcoming City Events (D. HarrislJ. Bierschwale/B. James)
Mayor Pro-Tem Scagliola recognized Executive Director David Harris who provided the following:
• Fiesta Week begins April 19~' through Apri129, 2012.
• Apri120, 2012, Lions Club will be hosting a Casino Night at the Civic Center.
Presentations
• Sweetheart Court Update (D. Harris/M. Spence)
Mayor Pro-Tem Scagliola recognized Events Coordinator Mary Spence who introduced Miss
Schertz, Caitlin Baumgarten, who came forward announcing the start of Fiesta, April 19~'
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through Apri129, 2012, and presented Council, staff, and the audience with Fiesta medals. Ms.
Spence also updated the Council regarding the recent and upcoming events of the Sweetheart
Court.
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 Pro-Tem or a Councihnember.
1. Minutes -Consideration and/or action regarding the approval of the minutes of the Regular
Meeting of March 27, 2012.
2. Resolution No. 12-R-30 -Consideration and/or action approving a resolution designating
particular areas, particular dates, and particular times related to curfew hours and noise
restrictions and parking during Doggie Dash 2012. (B. JameslG. Logan)
The following caption was read into record:
RESOLUTION N0.12-R-30
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS,
DESIGNATING PARTICULAR AREAS, PARTICULAR DATES, AND PARTICULAR
TIMES RELATED TO CURFEW HOURS AND NOISE RESTRICTIONS AND
PARHING DURING DOGGIE DASH 2012, AND OTHER MATTERS IN
CONNECTION THEREWITH
3. Ordinance No. 12-D-07 -Consideration and/or action approving an ordinance revising
Section 86-54, weight limits, on Hubertus Road and Friesenhahn Lane. Final Reading (J.
BierschwalelD. Letbetter)
The following caption was read into record:
ORDINANCE NO. 12-D-Q7
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.
4. Resolution No. 12-R-31 - Consideration andlor action approving a resolution
authorizing a Performance Escrow Agreement with JMLG Holdings, Ltd. and Schertz Bank
& Trust Company. (B. James/M. Spain)
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The following caption was read into record:
RESOLUTION NO. 12-R-31
A RESOLUTION BY THE CITY COUNCHf OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A PERFORMANCE ESCROW AGREEMENT WITH JMLG
HOLDINGS, LTD. AND SCHERTZ BANK & TRUST COMPANY, AND OTHER
MATTERS IN CONNECTION THEREWITH
5. Resolution No. 12-R-32 -Consideration and/or action approving a resolution authorizing an
amendment to a Professional Services Agreement with Vickery & Associates Inc. {B.
JameslM. Sanchez}
The following caption was read into record:
RESOLUTION NO. 12-R-32
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING AN EXTENSION FOR A PROFESSIONAL SERVICES
AGREEMENT WITH VICKERY AND ASSOCIATES, INC., AND OTHER
MATTERS IN CONNECTION THEREWITH
Mayor Pro-Tem Scagliola recognized Councilmember Carpenter who moved, seconded by
Councilmernber Fowler to approve the consent agenda items 1, 2, 3, 4, and 5. The vote -vas
unanimous. Motion carried.
Discussion anc3/or Action Items
6. Resolution No. 12-R-27 -Consideration and/or action amending certain action taken by the
City Council on February 21, 2012 relating to Hunter Estates Subdivision and approving a
resolution authorizing an agreement with Hald `Em Investments, LLC, and The Reserve at
Schertz, LLC. (J. Kessel/M. Spain)
The following caption was read into record:
RESOLUTION NO. 12-R-27
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING AN AGREEMENT WITH HOLD `EM INVESTMENTS, LLC AND
THE RESERVE AT SCHERTZ, LLC, AND OTHER MATTERS IN CONNECTION
THEREWITH.
Mayor Pro-Tem Scagliola recognized City Attorney Michael Spain who introduced this item
answering questions fiom Council. Mr. Spain stated that this action amends the City Council
action on February 21, 2012, relating to Hunter Estates Subdivision providing a secondary
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and construction access to Hunter Estates and Ivy Estates Subdivisions. The construction of
the secondary access point will create multiple access points to the subdivision and a
temporary construction access through non-developed property. Once the subdivision is
accepted, the City will be responsible for maintaining the pexmanent roads. Staff
recommends approval.
Mayor Pro-Tem Scagliola recognized Chair of the Planning & Zoning Commission, David
Richmond, who came forward requesting that no Certificates of Occupancy be issued until
the road is completed.
Mayor Pro-Tem Scagliola recognized Ms. Megan Clay .with Earl & Associates who came
forward thanking the City for working with the applicant.
Mayor Pro-Tem Scagliola recognized Councilmember Carpenter who moved, seconded by
Councihnember Edwards that the City Council amend and replace the action taken by the
Council on February 21, 2012, regarding the appeal by Hald "Em Investments, LLC (the
"Developer") of the Planning and Zoning Commission's denial of the Preliminary Plat of the
Hunter Estates Subdivision as follows:
i. I move that .the Developer modify the Hunter Estates Subdivision Preliminary Plat
to (a) delete the proposed Ivy Pond xoadway stub-out and the proposed variance
secondary access drive of Ivy Moon; {b) revise the drainage channel from the
convergence of Laura Bluff and Ivy Misty to the western edge of the Hunter
Estates Subdivision to be a standard paved collector street (50' ROW, 30' paved
surface, with curbs, gutters, and sidewalks, built to City standards) as an extension
of Laura Bluff; (c) add a temporary construction connector access point on either
lot 17 or 1 S, ox between lots 17 and 18 to provide access to the temporary
construction xoadway described below; and (d) adjust lot lines to accommodate all
of such changes, with no increase in the total number of lots in the Hunter Estates
Subdivision.
2. I further move that City Council approve Resolution No. 12-R-27.
3. I further move that, subject to the revisions of the Preliminary Plat as set forth
above, and execution and delivery of the Agreement authorized by Resolution No.
12-R-27, the Preliminary Plat of Hunter Estates Subdivision is hereby approved.
The vote was unanimous. Motion Carried
Mayor Pro-Tem Scagliola moved into Executive Session at 7:29 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 551.074 Deliberation
regarding personnel matters, duties of certain public officials and employees.
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Mayor Pro-Tem Scagliola reconvened into regular session at 8:12 p.m.
7. Take any action deemed necessary as a result of the Executive Session.
Mayor Pro-Tem Scagliola recognized Councilmember Edwards who moved, seconded by
Councilmember Carpenter, that the City Council authorize the payment of $10,000 to the
Texas Municipal League (TML) lntergovernnrental Risk Pool in connection with the
settlement of the claim by Joel Hicks. The vote was unanimous. Motion Carried.
Re uests and Announcements
8. Requests by Mayer Pro-Tem and Councilmembers that items be placed on a future City
Council agenda.
No items requested.
9. Requests by Mayor Pro-Tern and Councilmembers to City Manager and Staff for
information.
Mayor Pro-Tem Scagliola recognized Councilmember Antuna who inquired about the repairs
being done at the YMCA facility, particularly the windows. He wanted information on the
status and why this was occurring. City Manager John Kessel stated that there were repairs
needed at the facility and that he and staff have been working with Mr. Phil Gaudreau, our
Capital Improvements Consultant, and he has been reviewing the issues at the facility and
determining the praper repairs.
Councilmember Antuna stated he is confident in Mx. Gaudreau and commented that he
wanted the contractors and general contractors who are building these facilities to be held
accountable and he does not want the City to have to pay for these types of repairs. He
further stated that he would hope the City would seek retribution for such items utilizing thew
surety bond.
City Manager John Kessel stated that he is working with Mr. Gaudreau to review and
determine proper repairs and making sure individuals who build are held accountable. Mr.
Kessel further stated that our process today is very different. We have an individual who is
very knowledgeable working with us, not only with design of the structures, but also working
on the process by which we canstnuct and maintain proper records. What Council will see
going forward is that a structure will not be finalized if it does not have a final punch list and
a walk through with documentation; then during the warranty time, there will_ not be a
building that fails to receive the walk through during the building stage.
All documentation and records will be maintained rn a system that was recently presented to
Council where we keep photograph evidence of the construction process as well as all the
individual detailed plans and drawings. There will be clear evidence regarding warranty
items and claim issues.
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Mx. Kessel stated that this is a more sophisticated and slightly more expensive process to go
through but it will address issues the City has had in the past, resulting in actual savings.
Mayor Pro-Tem Scagliola recognized Councilmember Fowler who addressed his cozacern
regarding the Playscape, where the City has boarded up the structure and he is seeing
evidence that children axe getting in. City Manager Sohn Kessel stated that Mr. Gaudreau is
handling this project and he will get with him to make slue the facility is secure and safe.
Mayor Pro-Tem Scagliola recognized Councilmember Edwards who stated that he received
the YMCA dinner invitation and would like to again request Council utilize a carpool to
attend this event. He stated that the event is May 3, 2012, from 6:00 p.m. to 5:00 p.m.
10. Announcements by Mayor Pro-Tem and Cauncilmembers
• City and community events attended and to be attended
• City Council Committee and Liaison Assignments
• 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 recognized Councihnember Fowler who stated he attended the
following events:
Monday, April 15, 2012, Ground breaking ceremony New Haven Assisted Living and
Memory Center.
Tuesday, April 17, 2012, Scheitz Chamber of Commerce luncheon.
Mayor Pro-Tem Scagliola recognized Cauncilmember Antuna who complimented and
thanked alI the staff involved in the memorial services for Mayor Hal Baldwin.
Mayor Pro-Tem Scagliola recognized Councilmember Edwards who stated he attended the
following events:
• BVYA Grand Opening Ceremony
• Lions Club Easter Egg Hunt
• After hours mixer at Silver Tree
• TML Region 7 Dinner and Meeting
• Tuesday, April 17, 2012, Schertz Chamber of Commerce luncheon. He was very
impressed with comments made by Texas Secretary of State Hope Andrade.
Councilmember Edwards stated that he also was very impressed with staff on the memorial
ceremony for Mayor Hal Baldwin last week. Councilmember Edwards stated he would not
be here next week as his morn's condition is critical and she is currently on life support.
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Mayor Pro-Tem Scagliola stated the attended the following events:
• BVYA Grand Opening Ceremony
• Lions Club Easter Egg Hunt
• After hours mixer at Silver Tree
• TML Region 7 Dinner and Meeting
• Tuesday, April 17, 2012, Schertz Chamber of Commerce luncheon
Mayor Pro-Tem Scagliola stated that last week's memorial ceremony was impressive and
thanked the City Manager, Senior Staff, and all staff involved. He also thanked everyone
for their patience while serving and presiding as Mayor Pro-Tem.
11. Announcements by City Manager
Mayor Pro-Tem Scagliola recognized City Manager John Kessel who stated the he is so sorry
about Councihnember Edwards's mom and to please keep in touch and to let the City know.
Mr. Kessel stated that there were numerous individuals making a-~rangements and assisting in
the memorial services of Mayor HaI Baldwin. He particularly wanted to name three
individuals: (1) Brad Bailey, who went above and beyond, he organized his team who were
instrumental in the success; (2) Chief Don Taylor who was in touch with the family at all
levels communicating back to staff regarding their needs and wishes; and finally, (3) Mary
Spence worked longer and hardex; she is the super star of the memorial services event.
Mr. Kessel stated that he contacted Executive Director John Bierschwale and everything is
positive, all went right, and he expects to be back next week. City Attorney Michael Spain
stated that the doctor has released him to came back half days next week.
Ad.~ournmemt
Mayor Pro-Tem Scagliola adjourned the meg at 8:36 p.m.
Mayor Pro-Tem
ATTEST:
renda Dennis, TRMC, MMC City Secretary
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