11-09-10 MINUTES
REGULAR MEETING
November 9, 2010
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
November 9, 2010, 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 Jim Fowler
Councilmember David Scagliola Councilmember George Antuna
City Manager Don Taylor Assistant City Manager John Bierschwale
Assistant City Manager David Harris City Attorney Michael Spain
City Secretary Brenda Dennis
Mayor Pro Tem Cedric Edwards and Councilmember Michael Carpenter were absent.
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 Fowler gave the invocation followed by the Pledges of Allegiance to the
Flags of the United States and State of Texas.
HEARING OF RESIDENTS
Mayor Baldwin recognized the following citizens:
• Mrs. Sharlene and Mr. Tim Fey, 6028 FM 482, New Braunfels who spoke regarding
TCEQ Docket No. 2009-1842-AIR; Proposed Air Permit No. 83755 for Aggregate
Industries WCR, Inc., Proposed Rock Crushing Facility at 5900 FM 482 in Comal
County, Texas. They asked for the assistance of the City to look into this matter.
Mayor Baldwin recognized City Attorney Michael Spain who stated that the Fey's
had mentioned this to him and that he would be getting with the City Attorney of
New Braunfels to gather information on this. Mayor Baldwin requested that this item
be placed on the November 23, 2010 Council meeting for discussion and asked that
Mr. & Mrs. Fey be in attendance, as well as, asked that they bring their attorney who
is representing the citizens.
Mayor Baldwin also requested information regarding the truck traffic on Schwab
Road and wanted to know if TSAC could look into the matter.
~ Mrs. Diana Taylor, 5505 Columbia Drive, HOA Board Member of Fairhaven
Subdivision who publically thanked City Engineer Larry Dublin, Administrative
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Assistant Debbie Perrone, Doug Ledbetter, the Fire and Police Department for the job
they are doing supporting the HOA.
Consent Agenda Action Items
1. Ordinance No. 10-A-33 -Consideration and/or action approving an Ordinance relating
to the annexation of approximately 319 acres located north and south of Interstate
35, from the current corporate boundary of the City east to the outer boundary of the
City's extraterritorial jurisdiction, all in Guadalupe County, Texas or Comal County,
Texas. Final Reading (M. Spain/M. Sanchez)
2. Ordinance No. 10-A-34 -Consideration and/or action approving an Ordinance relating
to the annexation of approximately 62 acres located immediately north of Interstate
Highway 10 and between Trainer Hale Road and Cibolo Creek, all in Bexar County,
Texas. Final Reading (M. Spain/M. Sanchez)
3. Minutes -Consideration and/or action regarding the approval of the minutes of the
Regular Meeting of November 2, 2010.
Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by
Councilmember Fowler to approve on consent agenda items 1, 2 and 3. The vote was
unanimous. Motion Carried
Discussion and/or Action Items
4. Resolution No. 10-R-69 -Consideration and/or action approving a Resolution
authorizing a Boundary Agreement among the City of Schertz, the City of New
Braunfels, Dennis and Jeannine Engel, and David and Monika Engel. (M. Spain)
Mayor Baldwin recognized City Attorney Michael Spain who introduced this item
stating that Dennis and Jeannine Engel own one tract of land in the ETJ of Schertz (the
"Dennis Engel Property") and David and Monika Engel own three tracts of land in the
ETJ of Schertz (the "David Engel Property"). Dennis and Jeannine Engel and David
and Monika Engel have requested that the Dennis Engel Property and the David Engel
Property, respectively, be released from the ETJ of Schertz to the ETJ of New
Braunfels due to their families' historic relationship with New Braunfels. Schertz has
agreed to release the Dennis Engel Property and the David Engel Property from the ETJ
of Schertz to the ETJ of New Braunfels if New Braunfels, Dennis and Jeannine Engel,
and David and Monika Engel agree that New Braunfels will annex the Dennis Engel
Property and the David Engel Property into the corporate boundaries of New Braunfels
not later than December 31, 2011. New Braunfels, Dennis and Jeannine Engel, and
David and Monika Engel have agreed to such annexation and have further agreed that,
if such annexation does not occur by such date, the Dennis Engel Property and the
David Engel Property will revert to the ETJ of Schertz and shall be annexed by Schertz
not later than December 31, 2012.
FISCAL IMPACT
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Loss of future tax collections on ag-appraised property if New Braunfels annexes the
property; gain of tax collection on ag-appraised property if New Braunfels fails to
annex the property and related savings or expenditures concerning the cost of providing
City services.
Mayor Baldwin recognized Councilmember Fowler who moved, seconded by
Councilmember Scagliola to approve Resolution No. 10-R-69. The vote was
unanimous. Motion Carried
5. Resolution No. 10-R-70 -Consideration and/or action approving a Resolution
replacing Resolution No. 10-R-50 and consenting to the creation of Coinal County
Water Improvement District No. 2. (M. Spain)
Mayor Baldwin recognized City Attorney Michael Spain who introduced this item
stating that Comal County Water Improvement District No. 2 (the "District") was
created by the 81St Texas Legislature at the request of Tim Word, Trustee. The District
contains approximately 2,040 acres, approximately 16 acres of which are in the City's
corporate boundaries (as a result of the Schwab Road/F.M. 482 Area annexation) and
71 acres of which are in the City's ETJ. Pursuant to Section 54.016 of the Water Code,
no land within the City's corporate boundaries or its ETJ can be included within the
District unless the City consents by ordinance or resolution. Pursuant to Resolution
No. 10-R-50, the City gave such consent, which included the following paragraph on
page 1 of the Resolution:
"WHEREAS, the District has represented to the City that, within the portion of
the Land marked as "B" on Exhibit A, it will agree that the District and the City shall
each be permitted to offer water for sale, with the District selling water for irrigation
purposes (agricultural, residential, and golf courses and similar land uses) and the City
selling water for all other purposes; and"
The District has requested that the City modify Resolution No. 10-R-50 by replacing
the above paragraph to read as follows:
"WHEREAS, the District has represented to the City that, within the portion of
the Land marked as "B" on Exhibit A, it will agree that the District and the City shall
each be permitted to offer water for sale, with the District selling water for residential
and non-potable purposes (such as agricultural and golf courses and similar land uses)
and the City selling water for all other purposes; and~~
Mayor Baldwin stated that he had some concerns regarding the wording as it related to
selling water to commercial businesses. Discussion continued on non-potable purposes
as well as potable purposes. City Attorney Michael Spain stated that he would prefer to
take this item off the agenda to allow him the opportunity to define the areas above and
make the resolution more clear. It was the consensus of Council to withdraw this item
and place it back on the November 23, 2010 agenda. This item was withdrawn.
6. Contract # 10-PW-25-C-04 -Aviation Heights Water Line Phase III Contract
Amendment -Consideration and/or action approving an amendment of the contract for
Aviation Heights Water Line Phase III. (L. Dublin)
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Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item
stating that the City annually allocates funding for upgrading the water system in the ~
older part of Schertz. The 2009-2010 project was bid on July 15, 2010 with eleven
contractors submitting. The low bidder was RTM Construction Co., LTD with a base
bid of $229,739.75. Council awarded the contract on August 27, 2010.
The Engineer's estimate was $350,426.50. Funds remaining in the 2009-2010 budget
line item encumbered to 2010-2011 amount to $135,260.25. By amending the contract
and extending the scope of work using these available funds, an additional distribution
line can be replaced now rather than in the future. Amending the contract will save
approximately $15,000 in costs associated with bidding the work. The City Engineer
recommends that Council approve an amendment to the contract Aviation Heights
Water Line -Phase III Project awarded to RTM Construction Co., LTD in the amount
of $97,674.50. The amended contract amount will be $324,414.25.
Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by
Councilmember Antuna to amend the contract for Aviation Heights Water Line -Phase
III Project to RTM Construction Co., LTD in the amount of $97,674.50. The vote was
unanimous. Motion Carried
7. Bid# 10-ENGR-38-C-03 - Award for North Cliffe Street Reconstruction Phase II -
Section 1 Project -Consideration and/or action awarding a bid to Wagner Materials &
Construction with a bid of $1,322,530.13 for the .North Cliffe Street Reconstruction
Phase II -Section 1 project. (L. Dublin)
Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item
stating that as part of the 2006 Street Bond Election, the City designated funding for
rehabilitation of Northcliffe Streets. The reconstruction of Turnabout Loop, Country
View, Harvest, Wensledale, and Chelsea is the third project in this area. The project
was bid on October 21, 2010 with eight (8) contractors submitting. A tabulation of the
bids is attached showing the low bidder to be Wagner Materials & Construction with
a bid of $1,322,530.13. As bid, the project consists of construction of new sidewalks,
new curbs, driveways, and a new pavement section. The Engineer's estimate was
$1,529,428.58.
The City Engineer concurs with Ford Engineering Inc. recommendation that Council
award the bid for the Northcliffe Street Reconstruction -Phase II Section 1 Project to
Wagner Materials & Construction, in the amount of $1,322,530.13. City Engineer
Larry Dublin answered questions from Council.
Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by
Councilmember Fowler to award the bid for the Northcliffe Street Reconstruction -
Phase II Section 1 project to Wagner Materials & Construction, in the amount of
$1,322,530.13. The vote was unanimous. Motion Carried
Council did not meet i~Z Executive Session.
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EXECUTIVE SESSION
Called under Section 551.071 Texas Government Code Litigation, pending litigation;
Section 551.072 Texas Government Code - Deliberation regarding the purchase,
exchange, sale, lease, or value of real property; and Section 551.074 the appointment,
employment, evaluation, reassignment, duties, discipline, or dismissal of the City
Secretary.
8. Take any action deemed necessary as a result of the Executive Session.
No Action takeiz as Council did not meet.
Requests and Announcements
9. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
Mayor Baldwin stated that as requested above, that the following be placed on the
November 23, 2010 agenda for discussion, Council concurred:
• TCEQ Docket No. 2009-1842-AIR; Proposed Air Permit No. 83755 for Aggregate
Industries WCR, Inc., Proposed Rock Crushing Facility at 5900 FM 482 in Comal
County, Texas
• Traffic on Schwab Road as he had received an email complaint on the amount of
trucks. Have Traffic Safety Advisory Committee (TSAC) look into this to possibly
prohibit truck traffic on Schwab Road.
10. Requests by Mayor and Councilmembers to City Manager and Staff for information.
Mayor Baldwin read an email from a citizen regarding the animals being sold at the
Pet Expo, stating that an animal was taken to a veterinarian recently where they found
that the animal had parvo. City Manager Don Taylor stated that he had an
opportunity to visit one of the Pet Expo's recently and he stated he saw that on every
cage was listed the immunization records of the animals being sold.
11. 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
Mayor Baldwin recognized the following Councilmembers:
• Councilmember Scagliola who stated that Monday, November 8, 2010, he attended
the VFW POW MIA Memorial Service.
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• Ribbon Cutting on November 9, 2010 at the McGarrell Orthodontists, located at 6051
FM 3009.
12. Announcements by City Manager
• Recognition of City employee actions
• New Departmental initiatives
Mayor Baldwin recognized City Manager Don Taylor who reminded Council that on
Monday, November 15, 2010 at 6:00 p.m. the City will be conducting the canvassing
on the recent November 2, 2010 Bond election as well as have a brief Council
meeting following and at that time council will be considering cancelling the
November 16, 2010 meeting.
City Manager Don Taylor also mentioned that Councilmember Carpenter was out, of
town this evening on business and that Mayor Pro-Tem Edwards was at home ill this
evening.
ADJOURNMENT
As there was no further action, Mayor Baldwin ad' ed e meeting at 6:50 p.m.
Mayor
ATTEST:
/ 1 ~)y~`~~ ~ rc.sr. ~ n
Brenda Dennis, TRMC, CMC City Secretary
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