12-20-2011 MinutesMINUTES
REGULAR MEETING
December 20, 2011
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
December 20, 2011, at 6:00 p.m., in the Municipal Complex Council Chambers, 1 400
Schertz Parkway, Building #4, Schertz, Texas. The following members present to -wit:
Mayor Hal Baldwin
Councilmember Jim Fowler
Councilmember Cedric Edwards
Staff Present:
Assistant City Manager John Bierschwale
Chief of Staff Bob Cantu
City Secretary Brenda Dennis
Councilmember Michael Carpenter was absent.
CALL TO ORDER REGULAR MEETIN G
Mayor Pro -Tern David Scagliola
Councilmember George Antuna
City Manager John Kessel
Assistant City Manager David Harris
City Attorney Michael Spain
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.
Mayor Baldwin moved to the Consent Agenda at this time and asked if any Councilmember
wished to remove any item. Mayor Baldwin recognized Councilmember Fowler who asked
if item 6 could be removed for separate discussion.
Consent Agenda
The Consent Agenda is considered to be self - 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 or a Councilmember.
Minutes - Consideration and/or action regarding the approval of the minutes of the
Regular Meeting of December 12, 2011.
2. Ordinance No. 11 -F -35 — Consideration and/or action approving an ordinance
extending the Bexar Waste Franchise for two years. Final Reading (J. Bierschwale)
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The following caption was read into record:
ORDINANCE NO. 11-F-35
AN ORDINANCE GRANTING CIBOLO WASTE INCORPORATED, DBA
BEXAR WASTE INC., AN EXTENSION AND RENEWAL OF ITS
FRANCHISE FOR MUNICIPAL SOLID WASTE, RECYCLING, AND
HOUSEHOLD HAZARDOUS WASTE COLLECTION AND DISPOSAL
PROGRAM; IMPOSING PROVISIONS AND CONDITIONS RELATING TO
THE EXERCISE OF SAME; AND PROVIDING FOR PENALTIES NOT TO
EXCEED $200 FOR VIOLATION THEREOF; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS
ORDINANCE.
3. Ordinance No. 11 -M -39 - Considerationn and/or action approving an ordinance
amending the City's Land Use Assumptions, Capital Improvements Plan, and Impact
Fees. Final Reading (P. Gaudreau)
The following caption was read into record:
ORDINANCE NO. 11-M-39
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, APPROVING THE AMENDMENT OF THE CITY'S LAND USE
ASSUMPTIONS, CAPITAL IMPROVEMENTS PLAN, AND IMPACT FEES;
PROVIDING THAT THE CITY'S CAPITAL RECOVERY FEES FOR
WATER AND WASTEWATER SERVICES PER LIVING UNIT
EQUIVALENT BE AMENDED; AMENDING RESOLUTION NO. 11 -R -36
AND ORDINANCE NO. 08 -M -43; PROVIDING A REPEALING CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
4: Cancellation of December 27, 2011 Council Meeting — Consideration and/or action
cancelling the December 27, 2011 City Council Meeting. (M. Spain)
5. Resolution No. 11 -R -66 — Consideration and/or action approving a resolution
ratifying a contract with Luck Design Team, LLC., relating to the City Playscape and
Playing Fields Landscape Design. (P. Gaudreau)
The following caption was read into record:
RESOLUTION NO. 11 -R -66
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT
WITH LUCK DESIGN TEAM, LLC, AND OTHER MATTERS IN
CONNECTION THEREWITH.
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7. Resolution No. 11 -R -68 - Consideration and/or action approving a resolution
authorizing an amendment No. 1 to the Energy Conservation Agreement with the
Texas Comptroller of Public Accounts State Energy Conservation Office, and other
matters in connection therewith. (C. Van Zandt)
The following caption was read into record:
RESOLUTION NO. 11 -R -68
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING AN AMENDMENT NO.1 TO ENERGY
CONSERVATION AGREEMENT WITH THE TEXAS COMPTROLLER OF
PUBLIC ACCOUNTS STATE ENERGY CONSERVATION OFFICE, AND
OTHER MATTERS IN CONNECTION THEREWITH.
S. Resolution No. 11 -R -69 — Consideration and/or action approving a resolution
amending the Gateway Planning Professional Services Agreement. (D. Harris/P.
Gaudreau)
The following caption was read into record:
RESOLUTION NO. 11 -R -69
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING AN AMENDMENT TO THE PROFESSIONAL
SERVICES AGREEMENT WITH GATEWAY PLANNING GROUP, INC.,
AND OTHER MATTERS IN CONNECTION THEREWITH.
9. Resolution No. 11 -R -70 — Consideration and/or action approving a resolution
authorizing an Interlocal Agreement'with Comal County Emergency Services District
No. 6 regarding City emergency services. (D. Wait)
The following caption was read into record:
RESOLUTION NO. 11 -R -70
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT WITH COMAL
COUNTY EMERGENCY SERVICES DISTRICT NO. 6, AND OTHER
MATTERS IN CONNECTION THEREWITH
Mayor Baldwin recognized Councilmember Edwards who moved, seconded by
Mayor Pro -Tem Scagliola to approve consent agenda items, 1, 2, 3, q, 5, 7, 8, and 9.
The vote was unanimous. Motion carried.
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Discussion and /or Action Items
6. Resolution No. 11-R-67 - Discussion and/or action approving a resolution
authorizing a contract with O'Neill Conrad Oppelt Architects, Inc. for renovation of
and additions to the Animal Services Facility. (P. Gaudreau)
RESOLUTION NO. 11 -R -67
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT
WITH O'NEILL CONRAD OPPELT ARCHITECTS, AND OTHER
MATTERS IN CONNECTION THEREWITH
Mayor Baldwin recognized Mr. Phil Gaudreau, who introduced this item answering
questions from Council. Mr. Gaudreau stated that at its June 21, 2011 meeting, the
Council approved a resolution authorizing the City Manager to enter into negotiations
with O'Neill Conrad Oppelt Architects to provide design services for the Animal
Shelter and Adoption Center.
Staff negotiated a fee with O'Neill Conrad Oppelt Architects in the amount of
$223,759, to which staff recommends a 10% contingency, for a total not -to- exceed
amount of $246,135, payable from Bond funds approved by voters in November
2010. Staff recommends approval.
Mayor Baldwin recognized Councilmember Edwards who moved, seconded by
Mayor Pro -Tern Scagliola to approve Resolution No. 11 -R -67. The vote was
unanimous. Motion carried
City Events
• Announcements of upcoming City Events (D, Harris /J. Bierschwale)
Mayor Baldwin recognized Assistant City Manager David Harris who reminded everyone
that the City office will be closed on December 26, 2011 in observance of the Christmas
Holiday and January 2, 2012.
Hearing of Residents
Mayor Baldwin recognized the following who spoke:
Ms. Maggie Titterington, President of the Schertz Chamber of Commerce, who
provided updated information regarding the Chamber.
Mayor Baldwin recognized the following who spoke regarding problems with their homes in
the Fairhaven Subdivision:
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• Mr. Bruce Touve, 5213 Brookline
• Mrs. Faye Touve, 5213 Brookline
• Ms. Brenda Davis, 5603 Storm King
• Mr. Johnny Solis, 3717 Greenridge
• Mr. Kenneth Russel, 6034 Mule Deer
• Ms. Molly Casas, 5228 Brookline
Presentations
• SchertzFest Report and update. (J. Bierschwale)
Mayor Baldwin recognized Assistant City Manager John Bierschwale who provided the
following information regarding the outcome of the recent SchertzFest event:
Revenues: Total Sales
Expenses
Events Profit/Loss
*Event profit includes credit
Net Event's Profit/l'oss
$107,925.55
- 95,282.73
$ 12,642.82
(4,375.00) Zambelli Fireworks
$ 8,267.82
• Presentation and update regarding the Animal Services Facility. (P. Gaudreau)
Mayor Baldwin recognized Mr. Phil Gaudreau who provided a briefing regarding
the Animal Services Facility answering questions from Council.
• Presentation and update regarding the City of Schertz CIP Projects. (P. Gaudreau)
Mayor Baldwin recognized Mr. Phil Gaudreau who provided a briefing regarding the
City of Schertz CIP Projects addressing Council concerns and answering questions.
Worksession Items
A. Discussion regarding the City Council Rules of Procedures (M. Spain)
Mayor Baldwin stated that this item has been postponed to the January 3, 2012,
meeting.
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.
Council did not meet in executive session.
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10. Take any action deemed necessary as a result of the Executive Session.
No action taken.
Requests and Announcements
11. Requests by Mayor and Councilmembers that items be placed on a future City Council
agenda.
No items requester.
12. Requests by Mayor and Councilmembers to City Manager and Staff for
information.
Mayor Baldwin recognized Councilmember Antuna who asked for information
regarding the parking along Westchester. Assistant City Manager John
Bierschwale stated that the Police Department is monitoring the parking on this
street as well as parking in the Library parking lot.
13. 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 Mayor Pro -Tern Scagliola who stated that last
Wednesday, he attended the Chamber Mixer and the Capital Chapter of Municipal
Clerks luncheon. He also stated that Thursday, he attended the City of Schertz
Holiday dinner. Mr. Scagliola stated that all three events had a common thread
and that was the use of our Civic Center.
Mayor Baldwin recognized Councilmember Antuna who wished everyone a
Merry Christmas.
CouncilmemberAntuna left at 7:22 p.m.
Mayor Baldwin recognized Councilmember Fowler who stated that he is willing
to share the duty of giving the invocation to other Councihmembers. Mayor
Baldwin stated that any Councilmember who volunteers he would recognize
them.
Mayor Baldwin wished everyone a Merry Christmas and a Happy New Year.
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14. Announcements by City Manager
• Recognition of City employee actions
• New Departmental initiatives
Mayor Baldwin recognized City Manager John Kessel who read a note from
Donna Thompson from the Senior Center thanking Mr. Cantu for his assistance in
getting in contact with the right City employees regarding a recent water break.
Mr. Kessel stated that he has safely moved into his house. Mr. Kessel wished
everyone a very Merry Christmas and a Happy New Year.
Mayor Baldwin recognized Assistant City Manager John Bierschwale who stated
"that he would be on vacation for the next week and half, and to contact Mr. Harris
if anyone needs assistance.
Adjournment
Mayor Baldwin adjourned the meeting at 7:27 m.
ayor
ATTEST:
Brenda Dennis, TRMC, MMC City Secretary
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