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08-14-2012 MinutesMI1ViJTES REGULAR MEETING August 14, 2012 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on August 14, 2012, at 6:40 p.m., in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to-wit: Mayor Pro-Tem George Antuna Councihnember David Scagliola Councilmember Jixn Fowler Councilmember Michael Carpenter Staff Present: Executive Director John Biexschwale Executive Director Brian James City Attorney Michael Spain City Secretary Brenda Dennis Councilmember Cedric Edwards was absent CALL TO ORDER: City Managex John Kessel Executive Director David Harris Chief of Staff Bob Cantu City Attorney Samantha Dyal Mayor Pro-Tem Antuna called the Regular Meeting to order at b:40 p.m. and welcomed everyone. Mayor Pro-Tem Antuna 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 Antuna announced that Mrs. Barbara Baldwin is out of the hospital and now at home recovering. City Events Announcements of upcoming City Events (D. Harris/J. BierschwaleB. James} Mayor Pro-Tem Antuna recognized Executive Director David Hams who provided the fallowing announcements; • Wednesday, August I5, 2412, Second Comrraunity Budget Presentation -Schertz United Methodist Church, 7:40 p.m. • Monday; August 20, 2012, at 5:00 p.m., last day for filing application for place on the ballot for the Special Election of November b, 2012. • Tuesday, August 21, 2012, First Public Hearing on the tax rate ar~d the FY2012-13 Budget. • Tuesday, August 28, 2012, Second Public Hearing and first vote on the FY2012-13 Budget. 08-14-2012 Minutes • Tuesday, September 4, 2412, Second Vote and Adoption of the FY 2012-13 Budget. Hearing of Residents .This time is set aside for any person who yvishes 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. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specif c factual information given in response to any inquiry, a recitation of existingpolicy 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-Tem Antuna recognized the foIlawing who spoke; • Mr. Steve Layton, 12231 Last Meadows Drive, who addressed Council on the floodplain and floodway at FM 3009 and Dimrock. • Ms. Donna Fitzgerald, 5304 Storm King, who addressed Council regarding the concerns of failing foundations within the Fairhaven Subdivision. • Ms. Anneka Dahle, 9120 E. FM 1518 N, who updated the Council on her recent European Open Junior Dog Agility Competition. Ms. Dahle thanked Mayor Pro-Tem and Council as well as the citizens of Schertz for their donations. • Mr. Ryan Mahoney, 5233 Columbia Drive, who address Council regarding the issues that still exist in the Fairhaven Subdivision, • Mr. Jury Hansmann, 7205 FM 482, who addressed Council regarding property on lH 35 that he owns the trust interest in and would like to donate some land to build the new Animal Shelter izz that area. Mayor Pxo-Tem Antuna recognized and introduced the following who wexe in attendance this evening: • Mr. Ernest Bailey, who is being placed on the Schertz Housing Authority Board. • Mr. David Roman,.who is being placed on the Schertz Historical Committee. • Ms. Mynette Benedict, Executive Director of the Schet~tz Housing Authority Board. Consent A enda The .Consent Agenda is considered to be sel#=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. 08-14-2012 Minutes 1. Minutes -Consideration and/or action regarding the approval of the minutes of the Regular Meeting of August 7, 2012. (J. KessellB. Dennis) 2. Ordinance No. 12-T-15 -Consideration and/or action approving an Ordinance repealing Ordinance No. 09-T-02 and the City of Schertz 380 Program established therein; adopting a new Economic Development Incentive Policy; and providing an effective date. Final Reading (J. KessellD. Gwin) The following caption was read into record: ORDINANCE NO. 12-T-15 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS REPEALING ORDINANCE 09-T-02 AND THE CITY OF SCHERTZ 380 PROGRAM ESTABLISHED THEREIN; ADOPTING A NEW ECONOMIC DEVELOPMENT INCENTIVE POLICY; PROVIDING AN EFFECTIVE DATE; AND OTHER MATTERS IN CONNECTION THEREWITH 3. Ordinance No. 12-D-18 -Consideration and/or action approving an Ordinance amending Section 86-115 Maximum Limits Generally on Specific Streets to include Boenig Drive from Ware Seguin Road to Scenic Lake Drive to 30 mph. Final Reading (J. Bierschwale/L. Busch) The following caption was read into record: ORDINANCE NO. 12-D-18 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 LINIITS GENERALLY ON SPECIFIC STREETS; AND PROVIDING AN EFFECTIVE DATE. 4. Ordinance No. 12-D-19 - Cansideration andlor action approving an Ordinance amending Section 86-115 Maximum Limits Generally on Specific Streets to include Graytown Road from Boenig Drive to IH 10 to 40 mph. Final Reading {J. BierschwalelL. Busch) The following caption was read into record: ORDINANCE N0.12-D-19 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, MA%IMIIM LIlVIITS 08-14-2012 Minutes GENERALLY ON SPECIFIC STREETS; AND PROVIDING AN EFFECTIVE DATE. 5. Ordinance Na. 12-D 20 -Consideration and/or action approving an Ordinance amending Section 86-149 Parking Prohibited to increase the minimum 30 foot parking prohibited zone on the Southeast corner of Westchester Drive and E1beI Road to a 60 foot parking prohibited zone. Final Reading (J. Bierschwale/L. Busch) The following caption r~+as read into record: ORDINANCE NO. 12-D-20 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 86-149 PARKING PROHIBITED ON ROADWAYS MAINTAINED BY THE CITY OF SCHERTZ; AND PROVIDING AN EFFECTIVE DATE. 6. Resolution No. 12-R-70 -- Consideration andlor action approving a Resolution by the City Council of the City of Schertz, Texas authorizing an Interlocal Agreement to accept $25,000 from Cibolo Creek Municipal Authority (CCMA} for the construction of a Skate Park the access to and use of City property as a recreation area and related facilities and other matters in connection therewith {B. James/G. Logan) The following caption was read into record: RESOLUTION NO. 12-R-70 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT TO ACCEPT ~ $25,000 FROM CIBOLO CREEK M[TN~ICIPAL AUTHORITY {CCMA) FOR THE CONSTRUCTION OF A SKATE PARK THE ACCESS TO AND USE OF CITY PROPERTY AS A RECREATION AREA AND RELATED FACILITIES AND OTHER MATTERS TN CONNECTION THEREWITH 7. Schertz Housing Authority Commissioner Appointment -- Consideration and/or action by the Mayor Pro-Tem to appoint a Commissioner to the Schertz Housing Authority to fill the vacancy of Commissioner Earl Sawyer. {Mayor Pro-Tem Antuna) • Mayor Pro-Tem Appointment of Ernest Bailey to Schertz Housing Authority 8. Appointments) Reappointments and Resignations to City Boards, Commissions and Committees -Consideration andlor action regarding appointments/reappointments and resignations to City Boards, Commissions, and Committees. (Mayor Pro-Tem and Council} • Appointment of Mr. David Raman to the Historical Preservation Committee ~ OS-14-2012 Minutes . • Appointment of Mayor Pro-Tem George Antuna to following: - Investment Advisory Committee - Northeast Partnership - Greater Bexar County Council of Cities 9. EMS Contractual and Accounts Receivables Adjustments -Consideration andlor action approving the EMS Contractual adjustments. (J. Bierschwale/D. Wait). The fallowing caption was read into record: Approve the EMS Account Receivable Adjustment of $603,454.17. 10. Utility Billing Contractual and Accounts Receivables Adjustments -Consideration and/or action approving the Utility Billing Contractual adjustments. {J. Bierschwale/C. Spence). The following caption was read into record: Approve the Utility Billing Account Receivable Adjustment of $30,565.42. Mayor Pro-Tem Antuna recognized Councihnember Carpenter who moved, seconded by Councihnember Scagliola to approve the consent agenda items 1, through 10 as presented. The vote was unanimous. Motion carried, Discussion .and/or Action Items 11. Resolution No. 12-R-73 -Consideration and/or action approving a Resolution authorizing a Development Agreement with the City of Schertz and 702 Group LLC., and other matters in connection therewith. (J. Kessel/D. Gwin) The following caption was read into record: RESOLUTION N0.12-R-73 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A DEVELOPMENT AGREEMENT WITH THE CITY OF SCHERTZ AND 702 GROUP LLC, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Pro-Tem Antuna recognized SEDC Executive Director David Gwin who introduced this ,item stating that action approves a Development Agreement between the Schertz Economic Development Corporation and 702 Group LLC, (the Developer) for a new retail shopping center located at the intersection of FM 78 and FM 3009. Staff has worked with the developer to expand the current project to include almost 10,000 sq. feet of additional - retail space (Phase II) on the adjoining parcel. Under the Development Agreement, the Developer will provide a Performance Bond to ensure that the delayed requirements in Phase I are complete if Phase lI is not constructed. The Schertz Economic Development OS-14-2012 Minutes Corporation unanimously approved this at their meeting of July 26, 2012. Staff recommends approval. Mayor Pro-Tem Antuna recognized Councilmember Carpenter who moved, seconded by Councilmember Fowler to approve Resolution No. 12-R-73. The vote was unanimous. Motion Carried. 12. Resolution No. 12-R 71- Bid #12-EMS-26-V-02 -Consideration and/or action approving a Resolution authorizing the City to purchase two (2) Ambulances frarn Lone Star Emergency Vehicles, and other matters in connection therewith. (J. Bierschwale/D. Wait) The following caption was read into record: RESOLUTION NO. 12-R-71 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY TO PURCHASE TWO {2) AMBULANCES FROM LONE STAR EMERGENCY VEHICLES, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Pro-Tem Antuna recognized EMS Director Dudley Wait who introduced this item stating that action requested of Council approves the purchase of~two (2) new ambulances built on a Chevrolet chassis with all specified safety equipment and design from Lane Star Emergency Vehicles as included in their bid package and change order. Funding for this purchase were allocated in a previous budget and the funds are from previous Certificates of Obligation bonds sold in 2011 Staff recommends approval. Mayor Pro-Tem Antuna recognized Councilmember Carpenter who moved, seconded by Councihnember Fowler to approve Resolution No. 12-R-71. The vote was unanimous. Motion Carried. 13. Resolution No. 12-R-72 _ Consideration andlor action approving a Resolution authorizing an Interlocal Agreement for the Southern Watershed Regional Water Reclamation Plant preliminary engineering work with Cibolo Creek Municipal Authority, authorizing a budget amendment in the amount of $267,000 in connection therewith, and other matters in connection therewith. (J. Bierschwale/L. Busch) The following caption was read into record: RESOLUTION NO. 12-R-72 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT FOR THE SOUTHERN WATERSHED REGIONAL WATER RECLAMATION PLANT PRELIlYIINARY ENGINEERING WORK WITH CIBOLO CREEK MUNICIPAL AUTHORITY, ~ AUTHORIZING A BUDGET AMENDMENT IN THE AMOUNT OF $267,000 IN 08-14-2012 Minutes CONNECTION THEREWITH, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Pro-Tem Antuna recognized Executive Director of Operations John Bierschwale who introduced this item stating that action authorizes the City Manager to enter into the Interlocal Agreement with Cibolo Creek Municipal Authority (CCMA) to design and permit the Schertz WWTP II, and to amend the Capital Recoveny Fund budget for FY 2011-12 to provide for the expenditure of $267,000 for the design and Master Plan of the WWTP. CCMA and Schertz are partnering to provide a WWTP so existing and future residents of Southern Schertz will have regional wastewater service instead of relying on On-site wastewater treatment. Staff recommends approval. Mayor Pro-Tem Antuna recognized Councilmember Scagliola who moved, seconded by Councilmember Fowler to approve Resolution No. 12-R-72. The vote was unanimous. Motion Carried. Executive Session Mayor Pro-Tem Antuna adjourned into Executive Session at 7:Ob p.m. Called under Section: • Section 551.071 Texas Government Cade 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; • Section 551,074 Deliberation regarding personnel matters, duties of certain public officials and employees; • Section 551.074 The appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager; • Section 551.087 Texas Government Code - Deliberation regarding Economic Development Negotiations. Reconvene into Re ular Session Mayor Pro-Tem Antuna reconvened into regular session at 8: 0.1 p.m. 14. Take any action deemed necessary as a result of the Executive Session. 08-14-2012 Minutes Mayor Pro-Tem Antuna recognized Councilmembex Carpenter who moved, seconded by Councilmember Fowler that the Council renew the City Manager's existing contract with three rnodif cations: i. The City deposit $2,500 to the credit of the City Manager's 457 retirement account effective at time of the new contract; 2. The City deposit $5,000 to a designated fund of the City to be disbursed by the City Manager at his discretion to recognize exceptional service of City employees; and 3. The notice period for termination of the City Manager's contract be modified to be 45 days. The vote ryas unanimous. Mohan Carrier Mayor Pro-Tem Antuna recognized Councihnember who provided the following commentary regarding xenewing the City Manager's contract for over a month. He stated that the Council hasn't been struggling with it, but they have been talking about it in great length. One of the things that came up has been employee recognition and the staff in general. Council discussed these things together and came up with this idea that there should be an allocation of funds that the City Managex or his immediate staff could have access to in order to recognize great perfoi7nance of City staff. Woxking together, the City Council and the City Manager brought about this idea of this fund. This shows the City Manager and City Council's consistent concern that they are fmding new ways to keep our staff here with us because they are such a critical part of our everyday execution of our job as a municipality. Mayor Pro-Tem Antuna recognized City Manager John Kessel who thanked the Council for the opportunity to sezve another year, and Iooks forward it, Mayor Pro-Tem Antuna thanked Mr. Kessel for his services to the City and to the staff for their services. Mr. Antuna also concurred with Councilmember Carpenter's comments regarding the recognition fund for employees. Re nests and Announcements 15. Requests by Mayor Pro-Tem and Councilmembers that iterxxs be placed on a fixture City Council agenda. Mayor Pro-Tem Antuna recognized Councihnember Fowler stated that he would like far Council to entertain the idea of recognizing our committees, organizing a volunteer of the year award. Mayor Pro-Tem Antuna recognized City Manager John Kessel who stated that it was not necessary to place this as an agenda item. Mr. Kessel stated that Mrs. Dennis has a very goad idea in mind that is exactly what he and the full Council have discussed. He stated that this is inline with the goals that the full Council has been discussing. Mx. Kessel stated that Mrs. Dennis will be providing an overall update after the Volunteer to include the four items: revise the volunteer application - recntitment, reorganize the volunteer interview selection OS-14-2012 Minutes process, provide proper training, continue to nurture our volunteers, and finally provide a volunteer recognition program. Mr. Kessel stated that he would share with Mrs. Dennis the information they had discussed earlier. 1 b. Requests by Mayor Pro-Tem and Councilmembers to City Manager and Staff for information. Mayor Pro-Tem Antuna recognized Councilmember Fowler who posed a question to Council, stating that as they have before them the information on the upcoming Volunteer Fair and Open House, he wanted to know if the Council would also like to participate and sponsor a table, City Secretary Brenda Dennis stated that absolutely, a table could be added for the City Council. City Manager John Kessel stated that what the Council could have was a table set up so that citizens could come by and Council could discuss their goals and visions, He stated that he would like for Council to be there and strongly encourages them to participate. Mr. Kessel stated that Mayor Pro-Tem Antuna could actually provide opening remarks. This is a great opportunity to tell the citizens how important and valued they are. 17. Announcements by Mayor Pxo-Tem and Councilmembers • City and community events attended and to be attended • City Council Conunittee 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 No Announcements given. 18. Announcements by City Manager Mayor Pro-Tem Antuna recognized City Manager John Kessel who thanked the Council, City Staff far the tremendous year. All the things we have talked about are moving forward. Tonight was a great example, retail centers redevelopment in the alder sections of Schertz. Future plans preparing -for tomorrow in the southern portion of Schertz with big items wastewater treatment plants, which is fundamental to proper growth. We have had other successes that are amazing, the hospital. Once the hospital goes vertical "Oh boy howdy" is that going to be exciting. This is a big deal to the community. Mr. Kessel stated that we have an interesting budget this year. It's a good Strang conservative budget with recognition of what's most important. The very first thing you see in the budget is putting money back into reserves. Not just spend money today, but put money aside in case there is some reason we need it tomorrow. Great year, this next year will be even mare exciting. Mr. Kessel stated that he wanted to mention an innovative idea from an employee, Health Inspector/Sanitarian Jesse Hamilton. Mr. Hamilton has been revannping the health inspection program, changing the grading from A, B, C to A, B, C, D, F. This has created much attention. Mr. Hamilton is very helpful to those that received less than acceptable grades, in that he works with them to resolve the issues to get them and go back out and re-inspect. Mr. 08-14-2012 Minutes Kessel stated that Mr. Hamilton has been looking at the Food Service Handling paining side of his job, and has found a potential contractor who will provide the City with 20% of the proceeds. This will allow him the time to focus on his job of restaurant inspections. Iv1x. Kessel gave kudos to the Marshals Department. Mr. Kessel stated that if you were not aware, each police vehicle carries an AED Defibrillator. AED stands for Automatic External Defibrillator. Mr. Kessel stated he wanted to recognize four officers who actually. had to deploy the device to save lives. He recognized the following: • Officers Steve Solitto, Charles Stair, Cory Vanderver, and Gregg Flowers. Adiournment Mayor Pro-Tem Antuna adjourned the meeting at 8:17 p.m. A ~ renda Dennis, TRMC, MMC, CPM City Secretary May ro-Tem George Antuna 08-14-2012 Minutes