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10-18-2011 MinutesMINUTES REGULAR MEETING October 18, 2011 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on October 18, 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 Hal Baldwin Councilmember David Scagliola Councilmember Cedric Edwards Staff Present: Assistant City Manager John Bierschwale Chief of Staff Bob Cantu City Secretary Brenda Dennis Mayor Pro -Tern Jim Fowler Councilmember George Antuna Councilmember Michael Carpenter City Manager John Kessel Assistant City Manager David Harris Assistant City Attorney Katherine Tapley CALL TO ORDER REGULAR MEETING Mayor Baldwin 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 State of Texas. CITY EVENTS Announcements of upcoming City Events (D. Harris /J. Bierschwale) Mayor Baldwin recognized Assistant City Manager David Harris who announced that on November 3, 2011, at the Schertz Civic Center TECQ will be hosting a seminar. Mayor Baldwin moved into executive session at 6;05 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. Mayor Baldwin reconvened into regular session at 6:40 p.m. Hearing of Residents Mayor Baldwin recognized the following who spoke: 1018 -2011 Minutes • Mr. Steve Layton, 12231 Lost Meadows, who addressed the Council regarding his concerns on the master plans for Pride Rock Ranch and provided a brief PowerPoint regarding flooding issues, detention pond design, typography and engineering information, and the drainage calculations. • Mr. David Jackson, 124 Webster Drive, who addressed the Council regarding his concerns on the parking of recreational vehicles ordinance and a recent notification of removal. • Mr. Carl Margine, Attorney for Mr. Jackson, who also address the Council regarding his concerns on the recreational vehicle ordinance, particularly paragraph B. WORKSHOP DISCUSSION ITEMS A. Discussion regarding Owner Representative services relating to Capital Improvement Projects Q. Kessel/J. Bierschwale) Mayor Baldwin recognized City Manager John Kessel who introduced this item stating that major capital projects include both vertical (buildings) and horizontal (infrastructure) projects. While they share many common elements such as significant cost, similar financing and accounting needs, and on -going maintenance responsibilities, each has its own expertise and best management practices. Mr. Kessel stated that tonight's discussion is focused on vertical construction due to the importance and timing of the most recent bond election projects. Horizontal capital management is a subject for additional consideration. 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 Managers' office. While all these parties are absolutely critical to the success of a building project, there are certain inefficiencies that make such project management less than ideal. Management by this team is inherently inefficient due to: 1. The necessity to perform regular work duties and responsibilities. 2. Best construction practices are not known by staff who are not experts in the construction field. 3. Project scoping is not fully understood and can be insufficient to achieve the project goals. 4. Uniform building standards city -wide are difficult to develop and implement. These inefficiencies lead to less optimal design, construction inspection/management, and final acceptance /warranty work. Design professionals typically have separate performance goals that are needed to address these inefficiencies, including: maximizing firm profitability, enhancing the firm's portfolio, and working autonomously. Construction firms typically have separate performance goals, as well as, including maximizing firm profitability, performing work only once regardless of quality, and increasing the bottom line of the contract through change orders. 10-18 -2011 Minutes Page - 2 - The question becomes if the staff, design, and construction team aren't able to deliver the highest quality, lowest cost, and most sustainable projects due to the nature of their respective roles within the process, how does a community achieve high performance results? An additional component of successful capital improvement programs can be the use of an Owner Representative program. First, an Owner Representative program enhances the design process by developing uniform building standards, developing more of an expert project scope, identifying long term energy and maintenance opportunities, and enhancing early design review to achieve value engineering without additional cost to the design firm. Second, an Owner Representative program performs significantly enhanced construction inspection and documentation services. These inspections include both code and quality inspections, extensive photo documentation of the project for future review, written notices of violations and follow up documentation, and review of change order requests for validity. Third, an Owner Representative program manages the warranty phase of the new facility to ensure the construction firm completes all needed warranty work in a timely and complete manner. The benefits of utilizing a proper Owner Representative include: • Greater value to the community (community goals, quality of product, and more timely construction timetables) • Improved design, construction, and warranty work • Cost savings on major projects are highly leveraged • Lower long term costs (warranty, maintenance, and operations) Owner Representative services are typically paid for as a small percentage of each project's budget (typically dependent on the number, scale, and complexity of the job). There can be additional duties /services that are more suited as a flat fee, as well. Offsetting these costs are direct project savings that can be up to 2 -3 times the cost of the Owner Representative service. A high quality program will track project savings and quantify the results throughout the project lifecycle. The savings can be applied as project savings, meeting minimum scope on underfunded projects, performing additional, new projects, or enhancing the scope of the project. For an Owner Representative program, typically the time to begin is driven by the start of the associated bond projects. The lengthier the selection process, the greater the delay in beginning bond projects (or one's ability to take advantage of the Owner Representative services for design work that that have already started the design phase). On professional services such as these, the City Manager can either directly select a firm to provide the owners representative professional services and bring forward a contract for City Council consideration or the City can go out for a Request For Qualifications, review 10 -18 -2011 Minutes Page - 3 - submittals, interview the top respondents, and bring forward a contract for City Council consideration. There are different times when one method is preferred over another method. For example, when there are many firms that may meet the minimum selection criteria and when time is not a significant concern, the RFQ process is often preferred. On the other hand, when there are known firms and when time is a significant factor, utilizing a direct selection process is often preferred. In this circumstance, time is a major factor to consider and that may be the driving factor favoring a direct selection method, pending Council's direction. Under either process, the selection criteria is a critical determinate of success. The following macro level criteria would be used to determine the preferred Owner Representative firm: • Architecture expertise, construction management expertise, and process /documentation expertise. • Primary focus on municipal projects with specific experience managing high quality municipal projects. • Independent objective perspective ("outside eyes ") • Relationship with staff during scope /design, construction, and warranty phase • Ability /willingness to help develop a City project management program and mentor City staff during entire process The next steps are: Council concurrence (1) to proceed with an Owner Representative program for vertical construction and (2) to utilize a direct selection method, rather than an RFQ method, with a negotiated contract brought before Council for consideration. Mr. Kessel introduced Mr. Phil Gaudreau of Jackson A &E and Associates who provided a brief PowerPoint regarding the services they could expect from an Owner Representative program answering questions from Council. It was the consensus of Council to move forward and proceed with an Owner Representative program as presented by the City Manager utilizing a direct selection method. Mr. Kessel stated that he would come back to Council with a contract and a recommendation of a firm. B. Discussion regarding parking recreational vehicles and certain other vehicles on residential property. (M. Spain/B. Todd) Mayor Baldwin introduced this item stating that he had requested that this item be placed on the agenda. Mayor Baldwin gave a brief nun down on the recent situation with Mr. Jackson and the parking of his recreational vehicle. Mayor stated that he was convinced that two years ago when the ordinance was written, Mr. Jackson's recreational vehicle was 1048 -2011 Minutes Page -4- a problem and was not one the City was trying to address. Mayor stated that his question this evening to City Council is, are we trying to outlaw anyone in the City of Schertz from having a recreational vehicle or motor home on their property in residentially zoned areas or are we more concerned with safety issues of motor homes catching on fire and visual impairments when hacking out of our driveways? He believes that the safety issues bothered the Council the most and that as long as residents were able to put their recreational vehicle either in the rear of their property or on their side yard and didn't interfere with the setback situations was as he interpreted the ordinance. Mayor Baldwin recognized Health and Code Inspector Shanna Roman who introduced this item stating that in January 2009, the City Council amended the Code of Ordinances relating to the parking of recreational vehicles and certain other vehicles on residential property. A question has been raised regarding the City Council's intentions concerning the "grandfathering" of parking recreational vehicles on residential property and whether City Council intended to phase out the parking of recreational vehicles in residential areas. Section 54 -24 of the Code of Ordinances, adopted on final reading on January 27, 2009, was provided. In addition, a copy of the recordings of the City Council's full discussion on this topic on January 20, 2009 (first reading) and on January 27, 2009 (final reading) were put on a CD, a copy of which was delivered to each Councilmember's home on Friday, October 14, 2011 for review. Ms. Roman stated a property owner correctly received a permit for an existing recreational vehicle prior to May 1, 2009 under Section 54- 24(c). The property owner has since sold the permitted recreational vehicle and replaced it with another recreational vehicle. A drawing of the property in question was attached. The Marshal's office has cited the property owner for violation of Section 54 -24 (in particular, Section 54- 24(c)(1)), requiring the new recreational vehicle to be removed from the property. City staff agrees with the Marshal's reading of Section 54 -24 regarding this citation. Mayor and Council discussed Section 54 -24 (in particular, Section 54- 24(c)(1)), requiring the new recreational vehicle to be removed from the property in great length. Council concluded that the intent of the ordinance was to remove recreational vehicles that were a safety hazard and requested staff to rewrite the ordinance clarifying the intent and bring back to them. Discussion and/or Action Items Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of September 27, 2011. Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Mayor Pro -Tern Fowler to approve the minutes of September 27, 2011. The vote was unanimous. Motion carried. 2. Resolution No. 11 -R -39 -- Discussion/consideration and/or action approving a resolution authorizing the adoption of a revised City of Schertz Investment Policy (J. Kessel/J. Santoya) 10 -15 -2011 Minutes Page - 5 - Mayor Baldwin recognized Finance Director Juan Santoya who introduced this item stating that the City's Investment Policy is required to be reviewed on an annual basis. The Investment Committee met on September 22, 2011 to review the document and voted unanimously to leave it unchanged. Management recommends re- approving the existing policy with no changes as per recommendation from the Investment Committee. No fiscal impact. Recommend approval Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Councilmember Edwards to approve Resolution No. 11 -R -39. Vote was unanimous. Motion carried. 3. Ordinance No. 11 -5 -31— ZC2011 -009 - Conduct a public hearing and consideration and/or action approving an ordinance upon a request to rezone approximately 121.97 + /- acres of land known as Pride Rock Ranch from Pre - Development (PRE) to Planned Development District (PDD). The property is generally located 2,800 linear feet east of intersection of FM 1518 and Lower Seguin Road. First Reading (J. Kessel/M. Sanchez) Mayor Baldwin recognized Director of Development Services Michelle Sanchez who introduced this item stating that Council will consider and act upon a request from Todd Burek, Croton Properties, to rezone approximately 122 acres of land known as Pride Rock Ranch from Pre - Development to Planned Development. The property is generally located 2,800 feet east of the intersection of FM 1518 and Lower Seguin Road. The developer submitted an application for a master plan prior to the City's annexation on April 19, 2011. The site is proposed to be developed in seven phases and consists of 547 residential lots with a 6 acre private park and two points of access to Ray Corbett Drive and Lower Seguin Road. The site has been reviewed and approved by City Staff and complies with Schertz Unified Development Code. No Fiscal impact and recommends approval. Ms. Sanchez provided the following timeline: October 25, 2011 Second and Fin l Readt Beading .n ..nce nc e of Ordinance Mayor Baldwin recognized Mr. Michael DeNuccio with Earl and Associates and Mr. Patrick Murphy with M. W. Cude Engineering who were available for comments and questions if necessary. Mayor Baldwin recognized City Manager John Kessel who reminded Council that the item this evening is for a rezoning, and that during the platting process is where the City staff deals with the actual design of the project. Mayor Baldwin opened the public hearing and recognized the following who spoke: Mr. Steven Layton, 12231 Lost Meadows Drive, who address Council regarding sheet flow. Ms. Clair Layton, 12231 Lost Meadows Drive, who addressed Council regarding the platting process and concerned with the drainage problem and does not approve of section drainage. As no one else spoke, Mayor Baldwin closed the public hearing. 10 -18 -2011 Minutes Page - 6- Mayor Baldwin opened the discussion to Council for their comments and recognized Mayor Pro -Tern Fowler who stated that he was concerned about possible flooding and wants to insure that individuals down stream are not flooded. Development Services Director Michelle Sanchez stated that all these issues will be addressed during the construction design process. Mayor Baldwin recognized Councilmember Edwards who stated that he is hopeful that the developer and the citizens will sit down together and address their concerns so that everyone is on the same page. Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Mayor Pro -tem Fowler to approve Ordinance No. 11 -5 -31 first reading. Vote was unanimous. Motion carried. 4. Appointments/Reappointments/ Resignations relating to Boards and Commissions /Committees — Consideration and/or action regarding appointments /reappointments / resignations relating to Boards and Commission/Committees. - Ratify the resignation of Pat Ramirez from the Historical Preservation Committee. Mayor Baldwin recognized Councilmember Edwards who moved, seconded by Mayor Pro -Tern Fowler to ratify the resignation of Pat Ramirez from the Historical Preservation Committee. The vote was unanimous. Motion Carrier. S. Take any action deemed necessary as a result of the Executive Session. No action taken. Re uests and Announcements 6. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Mayor Baldwin recognized Mayor Pro -Tem Fowler who requested a review of the Parkland Dedication process in the UDC. 7. Requests by Mayor and Councilmembers to City Manager and Staff for information. No information requested. 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 10 -18 -2011 Minutes Page - 7 - Mayor Baldwin recognized Mayor Pro -Tern Fowler who stated he attended the Texas Municipal League conference last week in Houston and attend several valuable and informative sessions. Mayor Baldwin recognized Councilmember Scagliola who stated that he attended the National Night Out celebrations and thanked staff for putting this together. He also stated he attended the GBRA Pecan festival as well as the Texas Municipal League Conference last week. Councilmember Scagliola stated today he attended the Schertz Chamber meeting. Mayor Baldwin recognized Councilmember Antuna who stated he also attended the National Night Out celebrations as well as the Schertz Chamber Luncheon. Mayor Baldwin recognized Councilmember Edwards who thanked the Mayor, Council, and staff for the flowers to his mother. Councilmember Edwards stated that he was able to attend the recent sessions at the APA Conference in Austin. He stated that he also attended the Texas Municipal League Conference and attended the seminars such as the Crisis Management and the Ethics. He stated that he met several people at the conference and that Schertz was the envy of state. Councilmember Edwards stated that on Monday, October 17, 2011, he attended a HOA meeting that was hosted at NorthCliffe Community Center. Lastly, Councilmember Edwards stated he wanted to brag on his freshman son who has been ranked #7 among high school basketball players. Mayor Baldwin stated that he also attended the National Night Out celebrations and that the celebration sites are growing. Next year they will have to break up into three groups to be able to visit all of them. Mayor Baldwin also stated he attended the Texas Municipal League conference last week and attended several seminars. 9. Announcements by City Manager Mayor Baldwin recognized Assistant City Manager David Harris who announced the following upcoming events: Tomorrow from 5:00 am to noon, management and staff will be attending an Emergency Management Operation drill at the Library. Wednesday, the Fire Department Awards Dinner is at 6:30 p.m. at the Civic Center Thursday evening at 5:30 p.m., all departments will be hosting a City wide open house at the Civic Center for the newly annexed citizens. Mayor Baldwin recognized City Manager John Kessel who provided the following information: Wednesday, October 19`h Lt. John Correu will be working with the San Antonio Police Department to host a seminar and presentation on "Stalking removing the fear ", and how'spectacular it is to have one of our officers who is recognized as a Regional Leader as well as a State Leader performing such training. Received a thank you note from a Facility Manager of a home care facility regarding the recent visit of Lt. John Perry, Deputy Fire Marshal. Lt. Perry took the time to listen and assist her with areas of concern. 10 -18 -2011 Minutes Page - 8 - • Received three nice notes regarding the Animal Services staff thanking them for care of their animals at the stay of the shelter. He read one regarding Bonnie and Clyde who had gotten out of their yards and the care received by Animal Services. Attended the Texas Municipal League Conference attending interesting sessions as PIO Discussion on Disaster Seminar and Performance Based Budgeting. Information he obtained on the Performance Based Budgeting seminar was that if you are going to have this type of budgeting and do budget measurements, you have to have visions and goals, a plan and target you are going to reach. It is not that you measure abstractly you need to measure to a goal. Mr. Kcssel stated that one of the things your staff has recently been working on very diligently for the last month and half is developing department vision and goals and work plans that are significant. He stated that these are so that we can do performance based budgeting and will be sharing these soon with the Council. The Council has their visions and goals and the staffs goals and visions will be married together, creating an outcome to the City. Then we start working towards a much more dynamic and business like budgeting process where those performance measures actually work to achieve those goals. ADJOURNMENT As there was no further action, Mayoe meeting at 8:55 p.m. ATTEST: L a -G' i Br a Dennis, T RMC, MMC City Secretary 10 -18 -2012 Minutes Page - 9 -