11-01-2011 MinutesIVIIl~IUTES
REGULAR MEETING
November 1, 2011
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
November 1, 201-1, 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 Michael Carpenter
Mayor Pro-Tem Jim Fowler
Councilmember George Antuna
Staff Present:
Assistant City Manager John Bierschwale
Chief of Staff Bob Cantu
Assistant City Attorney Katherine Tapley
Councilmember Cedric Edwards was absent
CALL TO ORDER REGULAR MEETING
City Manager John Kessel
Assistant City Manager David Harris
City Attorney Michael Spain
City Secretary Brenda Dennis
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.
Mayor Pro-Tem Fowler gave the invocation followed by the Pledges of Allegiance to the Flags of
the United States and State of Texas.
PRESENTATIONS
• Presentation and possible action regarding Capital Improvements Plan and Impact Fee
Review schedule. (L. Dublin/M. Spain)
Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item and who
provided a copy of the draft of the City of Schertz Water and Sanitary Sewer System, Capital
Improvements Program and Impact Fee Analysis Year 2011. Mr. Dublin provided a brief
PowerPoint presentation regarding the need to hold a public hearing. Mr. Dublin stated state
Iaw requixes that the City review its land use assumptions, capital improvements plan, and
impact fees every fve years. In accordance with state law, the City must xeview and approve
any revisions to its land use assumptions, capital improvements plan, and impact fees prior to
the end of 2011. There are two requests this evening: 1) approval for authorization to publish
the notice for a public hearing to be held on December 13, 2011, and 2) approval to bring a
resolution back to Council to appoint an advisory committee, as required by law, to review the
revised land use assumptions, capital improvements plan, and impact fees. Mr. Dublin stated
the advisory committee will be comprised of the members of the Planning and Zoning
Commission, as well as two other members: a local realtor and a representative from the City's
ETJ.
Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by
Councilmember Scagliola to approve the scheduling of a public hearing and to bring back an
item to Council to appoint the advisory committee. The vote was unanimous. Motion
Carried
WORKSHOP DISCUSSION ITEMS
A. Discussion and possible action regarding changing the General Election to
November. (M. Spain/J. Kessel)
Mayor Baldwin stated that this item has been pulled this evening.
CITY EVENTS
• Announcements of upcoming City Events {D. Harris/J. Bierschwale}
Mayor Baldwin recognized Assistant City Manager David Harris who stated that the Schertz-
Cibolo-Universal City 1SD Jr. ROTC will be hosting a Veterans barbecue on Thursday,
November 10, 2011, at 10:00 a.m., at Pickrell Park.
Hearing of Residents
Mayor Baldwin stated that no one had signed up to speak on the list this evening and asked if
there was anyone in the audience who wished to address the Council. Mayor Baldwin
recognized City Manager John Kessel, who stated that far the record, he would like to mention
that Mr. Robert Brockman did glance at the microphone. 1Vo one spoke.
Discussion andlar Action Items
1. Minutes -Consideration and/or action regarding the approval of the minutes of
the Regular meeting of October 25, 2011.
Mayor Baldwin recognized Cauncilmember Carpenter who moved, seconded by
Mayor Pro-Tem Fowler to approve the minutes with the change "Strom" to "Storm"
on page two. The vote was unanimous. Marian Carried
2. Ordinance No. I1-D-32 -Consideration and/or action approving an Ordinance
amending the speed limit on Hillbrook Drive to 20 mph and revising the Code of
Ordinances of the City of Schertz, Texas by amending and revising Section 86-115,
Maximum Linuts generally 'on specific streets; and providing a repealing clause.
Final heading (J. BierschwalelL. Dublin)
Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by
Mayor Pro-Tem Fowler to approve final reading of Ordinance No. 11-D-32. The
vote was unanimous. Motion Carried.
3. Resolution Na. 11-R-50 -Consideration and/or action approving a resolution
authorizing a $10,000 economic development incentive from the Schertz Economic
Development Corporation to JavaNook, LLC, authorizing a development agreement
and related doeumen#s, and other matters in connection therewith. (J. Kessel/M.
Spain)
Mayor Baldwin recognized City Manager John Kessel who introduced this item
stating that action approves a $10,000 Schertz Economic Development incentive to
JavaNook in connection with capital investment and improvements related to the
continued operation of JavaNook's coffee house business in Schertz fax at least two
years as part of the downtown Main Street revitalization project. The Schertz EDC
Board of Directors approved this incentive unanimously at their October 27; 2011
meeting. Staff recommends approval.
Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by
Mayor Pro-Tem Fowler to approve Resolution No. 11-R-S0. The vote was
unanimous. Motion Carrier
4. Resolution. No. 11-R-52 -Consideration and/or action approving a resolution
authorizing the City Manager to increase the construction contract for the Aviation
Heights Waterline Upgrade Phase IV Project. {J. KessellS. Willoughby)
Mayor Baldwin recognized City Manager John Kessel who introduced this item
stating that on March 29, 2011, Council awarded the waterline improvements on
Winburn and Brooks Avenue to RTM CONSTRUCTION CO., LTD with a base
bid of $279,896.00. Design, testing, and incidentals were included in the City
Council approval of $319,896 with a budget savings of $80,104.
Staff extended the original work for an additional 6SS feet of waterline and service
work on May 3, 2011. A final reconciliation is pending approval. At closure the
final costs for the project are $397,490.19. The project is 100% complete.
The total value of the change orders on this contract exceed the City Council
approved amount of $319,896 by $77,594.19. Mr. Kessel stated the $77,594.19 is
within the budget and not a cost overage. Recommend approval.
Original Councii
Budget Approved Actuai Difference
Engineering 38,133 46,588 8,448
Materials Testing 1,861 1,861 -
R11111 Original Bid 279,896 279,896 -
Change Orders 1 ~ 2 69,146 69,146 Difference
Tota! 400,000 399,896 397,490 77,594 ` requiring
approval
Mayor Baldwin recognized Mayor Pro-Tem Fowler who stated that he agrees with the City
Manager's procedure to bring change orders to City Council. He stated that this is an
important procedure.
Mayor Baldwin recognized Councilmember Carpenter who asked that in the future agenda
items be more specific on the wording.
Mayor Baldwin recognized Caunciimember Scagliola who moved, seconded by Mayor
Pro-Tem Fowler to approve Resolution No. 11-R-50. The vote was unanimous. Motion
CarrierZ
Mayor Baldwin moved into executive session at 6:20 p.m.
EXECUTIVE SESSION
Called under Section 551.071 Texas Government Code Litigation, pending or
contemplated litigation; Section 551.072 Texas Government Cade - Deliberation
regarding the purchase, exchange, sale, lease, or value of real property, or real estate.
Mayor Baldwin reconvened into regular session at 7:25 p.m.
5. Take any action deemed necessary as a result of the Executive Session.
No Action taken.
Re uests and Announcements
~. Requests by Mayor and Councilmembers that items be placed on a future City Council
agenda,
No items requesters:
7. Requests by Mayor and Councilmembers to City Manager and Staff for
information,
No requests given.
Announcements by Mayor and Councihnembers
• 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 Mayor Pro-Tem Fowler who stated that last Thursday he
attended the Arroyo Verde HOA meeting; he stated that they actually had their meeting
an the lawn of the green space area, reminding everyone that that was the day the cold
front moved in. He also stated that he attended the Schertz Economic Development
meeting on October 27, 2011, where they mentioned that the City ended up -I-9% for
the year on taxes collected, and October is already up 25% from last year, and it looks
like things are beginning to turn around.
Mayor Baldwin recognized Councilmember Scagliola who stated he also attended the
Arroyo Verde HOA meeting; same of the discussion items were that the residents are
concerned on the proposed development on FM 3009. He stated that fortunately, there
were several members in attendance from staff who were able to address their concerns,
and did an excellent job in representing the City. Councilmember Scagliola thanked all
staff involved particularly Officer Ceeko and Public Works Director Sam Willoughby,
Mayor Baldwin stated that he spoke to Ms. Ruth Tienor today and she mentioned that
she is still waiting on Council to purchase their bricks for the Veterans Memorial; she is
ready to accept your check. Please send them to Schertz Bank and Trust.
Mayor Baldwin also mentioned as earlier announced the Schertz-Cibolo-Universal City
ISD Jr. ROTC will be hosting a Veterans Day barbecue on Thursday, November 10,
2011, at 10:00 a.m. at Pickrell Park Pavilion. Mayor Baldwin stated that.this idea came
from a Senior at Samuel Clemmons High School who is a member of the Jr. ROTC.
Mayor Baldwin stated that the ROTC wanted to do something to honor the Veterans as
a group and came up with the Veterans Day barbecue. They decided that if they could
get enough participation and enough support in providing the food, they would try to
make this an annual event. Mayor Baldwin stated that the invitation was sent out to
2,000 men and women associated with Randolph Air Force Base. The young man
assured the Mayor that there was plenty of food for the event, Mayor Baldwin
mentioned that City Manger John Kessel has agreed to waive the fee for the ROTC to
use the pavilion.
9. Anmouncements by City Manager
• Recognition of CiTy employee actions
• New Departmental initiatives
Mayor Baldwin recognized City Manager John Kessel who sta#ed that he had two
items, but that he wanted everyone to notice that Michael Carpenter is taking notes at
this time. He is very interested in what he is saying, and that these do appear in the
minutes and that he does not have to take notes. Councihnember Carpenter replied that
the minutes are not always handy.
Mr. Kesel mentioned that last Sunday he was able to help the First Baptist Church as a
judge in their chili cook-off; Gail Douglas also survived the event. Mr. Kessel stated
that it scared him because the Fire Chief showed up. He asked. Chief Covington why,
and he stated that he had not tasted the chili yet, and he would need the fire truck with
the fire hose. There were only fifteen chili's. He stated it was a wonderful church and
community event and thanked the church caxnmunity for having him out.
Mr. Kessel also mentioned that recently the City hired a new Public Works Fleet
Management Supervisor, Jon Harshman. Mr. Kessel stated that he has put together an
amazing plan. First thing he did was look around and cleaned up the facilities. He
really figured out hour to organize it and did it so well that they have a whole dock area
freed up, just by moving things. Mr. Kessel also stated that he looked around and saw
that they were using an old fashioned system for the oil; he looked at the annual
contract and found out that they could actually get a bulk oil system that wouldn't spill
and have a cost savings. Then he thought that if the City used synthetic oil the City
would have fewer changes, might pay a little more but the synthetic oii lasts a lot
longer. This also saves the City money, less down time for vehicles, and fewer service
down time for oil changes. All around it was a set of fresh eyes that looked at things.
Mr. Kessel stated that he just wanted to brag on John to the Council. He stated that the
Public Works guys are all doing a great job.
Mayor Baldwin recognized Assistant City Manager John Bierschwale who reminded
Council of the 4:30 p.m. Joint Workshop meeting regarding Sedona with the Planning
and Zoning Commission and the T1RZ Board on November S, 2011, at the Civic Center
and that the City would be providing a meal.
Adi aurnment
Mayor Baldwin adjourned the meeting at 7:35 .m.
t
~_
Mayor Hal Baldwin
ATTEST:
Brenda Dennis, TRMC, MMC City Secretary