11-08-2011 RegularMINUTES
REGULAR MEETING
November 8, 2011
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
November 8, 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 Pro -Tem Jim Fowler
Councilmember David Scagliola
Councilmember Cedric Edwards
Staff Present:
Assistant City Manager John Bierschwale
City Secretary Brenda Dennis
Mayor Baldwin was absent.
CALL TO ORDER REGULAR MEETING
Councilmember George Antuna
Councilmember Michael Carpenter
City Manager John Kessel
Chief of Staff Bob Cantu
Mayor Pro -Tem Fowler 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 Carpenter gave the invocation followed by the Pledges of Allegiance to the Flags
of the United States and State of Texas.
PRESENTATIONS
• Proclamation recognizing Municipal Court Week (Mayor/P. Veliz)
Mayor Pro-Tern Fowler recognized the following from the Municipal Court
Office: Angela Green, Jacki Marbach, and Yvonne Baker.
Mayor Pro-Tern Fowler read and presented the proclamation regarding Municipal
Court Week.
• Presentation and briefing from Mark McLiney and Ryan Cunningham with
Southwest Securities regarding possibility of refunding Certificates of Obligation.
(M. McLiney/R. Cunningham)
Mayor Pro -Tem Fowler recognized Mr. Mark McLiney and Mr. Ryan
Cunningham with Southwest Securities who gave a briefing regarding the
possibility of refunding the Series 2004 Certificates of Obligation. Due to
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historically low interest rates, the City's Certificates of Obligation, Series 2003
and Certificates of Obligation, Series 2004 (the "Obligations ") may be refunded
for debt service savings. The Obligations will not be callable until February 1,
2013; therefore, an escrow will be required. Due to the low interest rates, the
escrow produces negative arbitrage of approximately $175,000. If interest rates
remain the same, the closer the City gets to the call date of February 1, 2013, the
negative arbitrage will decrease, resulting in an increase to the savings.
The City Council must decide whether to refund the Obligations and lock in
savings (even with the aforementioned negative arbitrage) or to delay the
refunding and try to eliminate the negative arbitrage. This is the classic question,
"Is a bird in the hand worth two in the bush ?"
It was the consensus of Council to have Southwest Securities prepare the
necessary documents and bring an item back to Council.
• Presentation and discussion and action regarding approving the City of Schertz
2012 Master Calendar (D. Harris)
Mayor Pro -Tern Fowler recognized Chief of Staff Mr. Bob Cantu who introduced
this item stating that each year the staff drafts a Master Calendar that serves as a
planning tool for the upcoming year. Staff recommends Council approval of the
2012 Master Calendar with the following considerations:
• Elvis birthday is in fact on the calendar.
• Cancel the October 2, 2012 Council Meeting due to Texas National Night Out
• Consider cancelling the November 13, 2012 Council Meeting as it occurs the day
before the Texas Municipal League Conference scheduled in Grapevine,
November 14 -16, 2012
• Schedule of meetings for the Boards and Commission meetings.
Mayor Pro -Tem Fowler recognized City Manager John Kessel who stated that for
the record, Elvis birthday is January W".
Mayor Pro -Tem Fowler recognized Councilmember Carpenter who. stated that
one of the reasons he moved to Texas and to go to graduate school, was to escape
the consistent celebration of everything Elvis, including people walking up and
down Elvis Presley Boulevard with candles in their hands, and you bring this to
the calendar every year. Mr. Cantu stated, yes at the request of someone.
Councilmember Carpenter then commented that this does not make him
homesick.
Mayor Pro -Tem Fowler asked if there was any impact of the National election on
our schedule. City Manager John Kessel stated that that date is January 6t'; early
voting will be available prior to this date as well.
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Mayor Pro -Tem Fowler recognized Councilmember Edwards who moved,
seconded by Councilmember Scagliola to approve the 2012 Master Calendar as
presented. The vote was unanimous. Motion Carried.
CITY EVENTS
• Announcements of upcoming City Events (D. Harris /J. Bierschwale)
No announcements given.
WORKSHOP DISCUSSION ITEMS
A. Discussion and possible action regarding the Bexar Waste franchise agreement.
(J. Bierschwalel M. Spain)
Mayor Pro-Tern Fowler recognized Assistant City Manager John Bierschwale who
introduced this item stating that the City has a non - exclusive solid waste disposal
franchise agreement with Bexar Waste Inc., which is scheduled to terminate on
December 31, 2011. The existing franchise has been in existence since January 16,
2001 (Ordinance No. 01 -F -2), which was renewed on August 19, 2003 (Ordinance
No. 03- F -22), which was further renewed on January 23, 2007 (Ordinance No. 07 -F-
7). Under the terms of the existing franchise agreement, if Bexar Waste agrees, the
existing agreement may be extended by the City for a two -year period, to
December 31, 2013.
The City has three alternatives.
First, with Bexar Waste's agreement, the City can renew the existing non - exclusive
franchise agreement, with no change in terms, for a two -year period.
Second, the City can choose not to renew the existing Bexar Waste agreement and
issue an RFP for solid waste disposal franchise services (either on an exclusive or
non - exclusive basis), possibly with a new provider.
Third, it can, with Bexar Waste's consent, renew the existing Bexar Waste non-
exclusive agreement for two years and issue an RFP for an additional franchisee to
provide non - exclusivc solid waste disposal services, thereby providing Schertz
customers with a choice of providers.
Staff requests that the City Council determine whether it wants staff to pursue (i)
renewal of the existing Bexar Waste solid waste disposal franchise for a two -year
period, or (ii) issuance of an RFP for solid waste disposal franchisc services under a
new franchise agreement, possibly with a new provider, or (iii) renewal of the
existing Bexar Waste non - exclusive franchise agreement and issuance of an RFP for
an additional franchisee to provide non - exclusive solid waste disposal services in
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order to provide Schertz customers with a choice of service providers. Staff will
proceed with whichever course City Council directs.
Mayor Pro -Tem Fowler recognized Councilmember Carpenter who stated that
yesterday one of his neighbors placed their garbage out in a plastic bag and animals
had gotten into it and it was all over the street. He stated he witnessed the staff of
Bexar Waste picking up the mess. He further stated that the employees of Bexar
Waste are courteous and he would like to extend the contract to five years with an
exclusive.
Mayor Pro -Tem Fowler recognized City Manager John Kessel who stated that the
current contract does not allow exclusivity and would recommend to Council that
they extend the contract for two years and that he would work with staff and legal
counsel on coming up with an exclusive contract, or at least bring back information
regarding this.
Mayor Pro-Tern Fowler recognized Councilmember Carpenter who moved, seconded
by Councilmember Scagliola to approve the extension of the Bexar Waste Franchise
agreement for two years and to enter into negotiations for an exclusive contract. The
vote was unanimous. Motion carried.
Mayor Pro -Tem Fowler recognized Mr. Henry Gutierrez who came forward thanking
the City for the confidence. Mr. Gutierrez introduced those members of his family
and organization who were present this evening.
Hearing of Residents
Mayor Pro-Tern Fowler recognized the following who spoke:
• Mr. Edward G. Cantu, 1021 Williamsburg Drive, who spoke on purchase of new property,
building a new home, and impact fees.
• Robert Brockman, 1000 Elbel, who address Council regarding the lack of participation of
the Blue Santa Program this year.
• Ed (Grumpy) and Tammy Azzoz, 528 Wayward Pass, who spoke regarding the need of
donations for various charity groups for the upcoming Thanksgiving holiday. He expressed
concern regarding the number of people in need. He requested the Mayor and staff open up
their hearts and please donate what you can. He stated that you can drop off goods at his
restaurant or mail donations to 18817 FM 2252, San Antonio, Texas 78266.
Discussion and /or Action Items
Ordinance No. 11 -S -30 - Conduct a public hearing and consideration and/or
action act upon a request to rezone approximately 23.724± acres of land from
Manufacturing District Light (M -1) 16.899 acres and General Business District
(GB) 6.825 acres to Manufacturing District Light (M -1) 17.707 acres and General
Business District (GB) 6.017 acres. The property is more specifically described as
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a portion of the Richard Mockert Survey No. 316, Abstract No. 497, County
Block 5064, City of Schertz, Bexar County, Texas, generally located on Lower
Seguin Road approximately 1246 feet east of Loop 1604. First Reading (M.
Spain/M. Sanchez)
Mayor Pro -Tem Fowler recognized Development Services Director Michelle
Sanchez who introduced this item stating that the proposal is to change existing
zoning from M -1 Manufacturing Light (16.899 acres) and GB General Business
(6.825 acres) to: M -1 Manufacturing Light (17.707 acres) 'and GB General
Business (6,017 acres). She stated the zoning categories will remain the same,
only the acreage in each category has changed due to the realignment of streets
for better traffic flow.
Mayor Pro -Tem Fowler opened the public hearing and recognized the following.
who spoke:
Ms. Betty Tate, 7509 Tate Drive, who stated she is not opposed to the change,
but questioned the survey results. She stated her survey shows different
markers and that the applicant's survey is off by approximately 5/8 of an inch.
She also stated her concern regarding the filling in of the pond, asking where
the water is to be directed.
Mr. Trevino, License Surveyor for the project, who came forward clarifying
the survey results, explaining the two methodologies used to get the survey
and that they both agreed. He also stated that they are building a retention
pond to alleviate the water.
Mr. Robert Brockman, 1001 E1be1, who stated that as he understood the
change, this change is due to better address the traffic flow.
As no one else spoke, Mayor Pro -Tem closed the public hearing and called for
Council's comments. Mayor Pro -Tem recognized Councilmember Edwards who
moved, seconded by Councilmember Carpenter to approve Ordinance 11 -S -30 on
first reading. The vote was unanimous. Motion carried
2. Ordinance No. 11 -A -33 - Consideration and/or action approving an ordinance for
the disannexation of 88.146 +- acres of land within the corporate limits of the City
of Schertz, all of which is located in Bexar County, Texas. First Reading (M.
Spain)
Mayor Pro -Tem- Fowler recognized Development Services Director Michelle
Sanchez who introduced this item stating that on August 9, 2011, the City
annexed 3,315E acres of land located east of FM 1518, south of FM 78, and north
of I -10, less the properties subject to Development Agreements in that area.
Charles Luensmann entered into a Development Agreement with the City in
connection with the August 9 annexation. Mr. Luensmann owns two tracts of
land that were subject to the annexation. He intended to have the Development
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Agreement cover both of his tracts of land. However, the Development
Agreement only included one tract of his land. As a result, the City annexed the
second tract of land. This ordinance would disannex the second tract of land,
which would then be added to Mr. Luensmann's Development Agreement.
In addition, Mark Reyes owns one tract of land that was recently annexed by the
City. Mr. Reyes is a long -haul trucker and is often out of town on extended trips.
Mark Reyes was out of town during most of the recent annexation process. Mr.
Reyes recently contacted the City and indicated that he would like to enter into a
Development Agreement with respect to his property. Because the annexation
has already been finalized, the property would need to be disannexed in order for
the City to enter into a Development Agreement with Mr. Reyes.
The disannexed property will be removed from the tax rolls and the City will no
longer be responsible for providing municipal services to that property. Staff
recommends approval.
Mayor Pro -Tern recognized Councilmember Carpenter who moved, seconded by
Councilmember Edwards to approve Ordinance 11 -A -33 on first reading. The
vote was unanimous. Motion carried.
3. Resolution No. 11 -R -53 — Consideration and/or action approving a resolution by
the City Council of the City of Schertz, Texas setting a public hearing regarding
the amendment of land use assumptions, Capital Improvements Plan, and Impact
fees and appointing an advisory committee. (M. Spain/L. Dublin)
Mayor Pro -Tern Fowler recognized City Engineer Larry Dublin who introduced
this item stating that state law requires that the City review its land use
assumptions, capital improvements plan, and impact fees every five years. In
accordance with state law, the City must review and approve any revisions to its
land use assumptions, capital improvements plan, and impact fees prior to the end
of 2011.
On November 1, 2011, the City Council authorized the City to publish the notice
for a public hearing to be held on December 13, 2011. The City's revised land
use assumptions, capital improvements plan, and impact fees will be considered at
the hearing.
The resolution authorizes the public hearing and appoints an advisory committee,
as required by law, to review the revised land use assumptions, capital
improvements plan, and impact fees. The advisory committee will be comprised
of the members of the planning and zoning commission, as well as Tim Brown
and Mike DeLeon. Mr. Brown is a local realtor and will serve as a representative
of the real estate, development, and building industry. Mr. DeLeon will serve as a
representative of the City of Schertz ET7. He is a City employee, has lived in the
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ETJ for 51 years, and worked on obtaining the grants to construct the water and
sanitary sewer system for the Rittman Addition subdivision.
Mayor Pro -Tern Fowler recognized Councilmember Carpenter who moved,
seconded by Councilmember Edwards to approve Resolution No. 11 -R -52. The
vote was unanimous. Motion carried.
4. Resolution No. 11 -R -54 — Consideration and/or action approving a resolution
approving an Owner's Representative Service Contract. (J. Kessel/M. Spain)
Mayor Pro -Tem Fowler read the following caption into record: "A
RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING A PROFESSIONAL
SERVICES AGREEMENT WITH JACKSON A &E ASSOCIATES,
INC., AND OTHER MATTERS IN CONNECTION THEREWITH."
Mayor Pro-Tern Fowler recognized Councilmember Edwards who stated before
Mr. Kessel introduces this item, the information was provided in their packet and
we discussed this in great length and in great detail, and the Owner's
Representative is going to be a great program for our City. "I like Coach, and I
think Coach will be on board, but I do say that we need to get Coach on board as
soon as possible.
City Manager John Kessel who introduced this item stating that on October 18,
2011, the City Manager discussed with City Council the concept of contracting
with a thirty party owner's representative on various City building projects,
known in the industry as vertical construction projects. Could you please give me
a timeframe when he will come on board? Mr. Kessel answered, pending Council
action, he has asked him to report for duty on Tuesday a week from today.
Vertical construction projects are currently managed by the City Engineer, the
"owning" department director (i.e. the Fire Chief if a fire station were being
built), and the City Manager's office. While all these parties are critical to the
success of a building project, there are certain inefficiencies that make such
project management less than ideal.
Mayor Pro -Tem Fowler recognized Councilmember Scagliola who stated he
agrees completely with the need and agrees with Councilmember Edwards, but he
didn't really see a dollar amount in the entire document. City Manager John
Kessel stated that there is a dollar amount, for there not to exceed in a calendar
year, the hourly rate calculates out to $94.25 per hour, fifty weeks, do the math, it
comes out to be just under $95,000 a year. He stated that is money we hope to
recoup probably two to three times. It has been the historical practice; they do go
ahead and track those changes. I think the issue is from a staff stand point we will
be able to have our engineering staff and parks staff work on things that they are
good at. We actually capture additional value then what is reported as direct
savings. From. a long term perspective the maintenance of the facilities is going
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to see an additional amount as we have lower maintenance costs and longer live
from the projects. That's the goal. He stated see page 2 — Item 4C.
Mayor Pro -Tern Fowler recognized Councilmember Carpenter who moved,
seconded by Councilmember Antuna to approve Resolution No. 11 -R -54. The
vote was unanimous. Motion Carried,
Mayor Pro -Tem Fowler stated there was no need for executive session.
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.
5. Take any action deemed necessary as a result of the Executive Session.
No Action taken as Council did not meet
Requests and Announcements
6. Requests by Mayor and Councilmembers that items be placed on a future City Council
agenda.
Mayor Pro -Tern Fowler recognized Councilmember Carpenter who requested staff
to bring back an item sometime in the next 45 days, at the pleasure of staff, to have
an agenda item to discuss the agenda itself. Particularly as to stating who has placed
an item on the agenda, under what circumstances an item is placed on a workshop,
or is placed as a workshop action item, a discussion only item, or a consent item.
Just a couple of minor suggestions and questions he has that relate back to our rules
and procedures.
7. Requests by Mayor and Councilmembers. to City Manager and Staff for
information.
No requests given.
S. 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
• Upcoming City Council agenda items
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Mayor Pro -Tem Fowler recognized Councilmember Edwards who stated that last night
there was a huge crowd gathered at Game Stop for the release of a new game Call of
Duty MW3. Game Stop is next to his wife's business, Quizno's, and he wanted to thank
the officers for stopping and making their presence be felt.
9. Announcements by City Manager
• Recognition of City employee actions
• New Departmental initiatives
Mayor Pro-Tem. Fowler recognized City Manager John Kessel who stated first he
would Iike to congratulate Mr. Bierschwale who is now the proud grandparent of
grandchild number, 4.
Mr. Kessel mentioned to please keep your thoughts and prayers as well as condolences,
as Mr. Harris's aunt passed this week. He also asked for thoughts, prayers, and a
speedy recovery for Cindy Raleigh who had an accident this past weekend.
Mr. Kessel also pointed out that he had received several nice emails, but one particular
one thanking the courteous police officers, EMS , and Fire Department.
Miournment
Mayor Pro -Tem Fowler adjourned the meeting at 7:40 p.m.
Mayor Pro -Tem
ATTEST:
K.
Brenda Dennis, TRMC, MMC City Secretary
11 -08 -2011 Regular Council minutes