Loading...
05-28-2013 Agneda with Backup MEETING AGENDA City Council REGULAR SESSION CITY COUNCIL May 28, 2013, 6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 05-28-2013 Council Agenda AGENDA TUESDAY, MAY 28, 2013 AT 6:00 P.M. Call to Order – Regular Session Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas. (Pastor Greg Ligon – Journey Fellowship Church) City Events and Announcements • Announcements of upcoming City Events (D. Harris/J. Bierschwale/B. James) • Announcements and recognitions by City Manager (J. Kessel) Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker’s register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and/or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Consent Agenda Items 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. 1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of May 21, 2013. (J. Kessel/B. Dennis) 05-28-2013 City Council Agenda Page - 2 - 2. Resolution No. 13-R-42 – Consideration and/or action approving a Resolution authorizing the acceptance of a Permanent Drainage Easement in the Arroyo Verde Subdivision and authorizing a Drainage Easement Agreement with the Arroyo Verde Homeowner’s Association, Inc., and other matters in connection therewith. (J. Bierschwale/S. Willoughby/J. Hooks) 3. Resolution No. 13-R-43 – Consideration and/or action approving a Resolution authorizing the acceptance of one (1) Permanent Waterline Easement and one (1) Temporary Construction Easement in the Arroyo Verde Subdivision and authorizing a Waterline Easement and Temporary Construction Easement Agreement with Arroyo Verde Homeowner’s Association, Inc., and other matters in connection therewith. (J. Bierschwale/S. Willoughby/J. Hooks) Discussion and Action Items 4. Appointments/ Reappointments and Resignations to City Boards, Commissions and Committees – Consideration and/or action regarding appointments/reappointments and resignations to City Boards, Commissions, and Committees. (B. Dennis/B. Dennis) Roll Call Vote Confirmation Requests and Announcements 5. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 6. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 7. Requests by Mayor and Councilmembers to City Manager and Staff for information. 8. 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 Executive Session Called under: 05-28-2013 City Council Agenda Page - 3 - Section 551.071 Texas Government Code Deliberation regarding 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; Section 551.074 Texas Government Code - Deliberation regarding personnel matters, policies, duties, employment, and evaluation of certain public officials and employees; Section 551.087 Texas Government Code – Deliberation regarding Economic Development Negotiations. Reconvene into Regular Session 9. Take any action deemed necessary as a result of the Executive Session. Adjournment CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 24th DAY OF MAY 2013 AT 2:00 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. Brenda Dennis Brenda Dennis CPM, TRMC, MMC, City Secretary I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON _____DAY OF _______________, 2013. ____________________________Title:__________________________ This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services please call 210 619-1030 at least 24 hours in advance of meeting. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Carpenter Audit Committee Hal Baldwin Scholarship Committee Interview Committee for Boards and Commissions Investment Advisory Committee TIRZ II Board Mayor Pro-Tem Edwards – Place 4 Audit Committee Hal Baldwin Scholarship Committee Councilmember Fowler – Place 1 Councilmember Scagliola – Place 2 05-28-2013 City Council Agenda Page - 4 - Interview Committee for Boards and Commissions Schertz Housing Board Liaison Animal Control Advisory Committee Cibolo Valley Local Government Corporation Interview Committee for Boards and Commissions Sweetheart Advisory Committee Councilmember Antuna - Place 3 ASA Commuter Rail District Board – Lone Star Randolph Joint Land Use Study (JLUS) Executive Committee Schertz Seguin Local Government Corporation Councilmember – Verinder – Place 5 Audit Committee Investment Advisory Committee Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: May 28, 2013 Department: City Secretary Subject: Minutes BACKGROUND The City Council held a regular meeting on May 21, 2013. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the regular meeting of May 21, 2013. ATTACHMENT Minutes –regular meeting May 21, 2013 05-21-2013 Minutes Page - 1 - MINUTES REGULAR MEETING May 21, 2013 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on May 21, 2013, at 6:10 p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to-wit: Mayor Michael R. Carpenter Mayor Pro-Tem Cedric Edwards Councilmember Jim Fowler Councilmember David Scagliola Councilmember George Antuna Councilmember Sydney Verinder Staff Present: City Manager John C. Kessel Executive Director John Bierschwale Executive Director David Harris Executive Director Brian James City Attorney Katherine Tapley City Secretary Brenda Dennis CALL TO ORDER: Mayor Carpenter called the Regular Meeting to order at 6:10 p.m. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND THE STATE OF TEXAS. Pastor Jeff Roman, Cibolo Valley Baptist Church gave the invocation followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. Proclamations • Proclamation EMS Week May 19 -25, 2013 (Mayor Carpenter) Mayor Carpenter recognized EMS Director Dudley Wait and members of the EMS Department who were present. Mayor Carpenter read and presented the proclamation recognizing the week of May 19-25, 2013, as EMS Week. • Cardiac Arrest Survivor Recognition (D. Wait) Mayor Carpenter recognized EMS Director Dudley Wait who provided a briefing regarding the EMS Department and their activities. Mr. Wait recognized and provided success stories of several cardiac arrest survivors. Mayor Carpenter, City Manager John Kessel and EMS Director Dudley Wait presented certificates of appreciation to the EMS Crews. Presentations A. Parks and Recreation Advisory Board Presentation to Mr. Robert “Bob” Brockman (B. James/G. Logan/M. Debboun) Mayor Carpenter recognized Chair of the Parks and Recreation Advisory Board, Col. Mustapha Debboun who, on behalf of the Parks and Recreation Advisory Board, presented 05-21-2013 Minutes Page - 2 - Mr. Robert “Bob” Brockman with a Commemorative Coin and a Certificate of Appreciation recognizing his dedicated service to the City. B. Resolution No. 13-R-41 - Consideration and/or action approving the 2013 Recipients of the Hal Baldwin Scholarship and resolving other matters in connection therewith. (B. Cantu/S. Gonzalez) (Loren Morris and Aruna Kharod) Mayor Carpenter recognized Executive Assistant Sarah Gonzalez who stated that action requested of Council approves the recipients of the 2013 Hal Baldwin Scholarship: Loren Morris $2,500 and Aruna Kharod $1,250 as per the recommendation by the Hal Baldwin Scholarship Advisory Committee. Ms. Gonzalez introduced members of the Hal Baldwin Scholarship Committee who were present. Ms. Gonzalez stated staff recommends approval. Mayor Carpenter and Ms. Susan Beck (Daughter of Hal Baldwin) presented the scholarships to Ms. Loren Morris and Ms. Aruna Kharod. Mayor and Council congratulated the recipients. Mayor Carpenter stated that the Council actually needs to pass the Resolution before the money is awarded and read the following caption into record: RESOLUTION NO. 13-R-41 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING THE 2013 RECIPIENT OF THE HAL BALDWIN SCHOLARSHIP, AND RESOLVING OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Councilmember Scagliola who stated that as a matter of formality he moved, seconded by Councilmember Fowler to approve Resolution No. 13-R-41. The vote was unanimous, with Mayor Pro-Tem Edwards, Councilmembers Fowler, Scagliola, Antuna and Verinder voting yes, and no one voting no. Motion Carried. Mayor Carpenter stated that it was interesting that he forgot to read and pass the resolution first, because in September of 1983 when Hal Baldwin was sworn in after being appointed to Council, the minutes read “that after he was sworn in, that Mayor Sawyer said, oh wait a minute we should have voted on that before we swore him in,” lets do this by acclimation. He stated maybe that’s what caused him to thank of that. City Events and Announcements • Announcements of upcoming City Events (D. Harris/J. Bierschwale/B. James) Mayor Carpenter recognized Executive Director of Support David Harris who announced the following upcoming events: • Monday, May 27, 2013 – City Offices will be closed in observance of Memorial Day. • Saturday, May 25, 2013 – 12th Annual Wilenchik Memorial Doggie Dash, Pickrell Park, 7:00 – 11:00 am. Race begins at 8:00 am. 05-21-2013 Minutes Page - 3 - • Sunday, May 26, 2013 – EMS Banquet and Casino Night, Community Center, 6:00 p.m. to 10:00 p.m. • Wednesday, May 29, 2013 – Helping a Hero Program Dedication – 1:00 p.m. - 2909 Mistywood Lane • Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who recognized Parks Foreman Mike Trainor. Mr. Kessel stated that he had received a thank you note from Mr. Archer with the Crescent Bend Neighborhood thanking Mr. Trainor for helping them set up and assisting in their large item drop off event they held recently. Mr. Kessel also gave kudos and a job well done to Economic Development Director David Gwin who recently spoke to the Commercial Real Estate Women – San Antonio (CREW) Organizations monthly meeting regarding the Amazon project. Mr. Kessel stated that the most interesting thing was that the San Antonio Economic Development reserved a whole table to attend. Discussion and Action Items 1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of May 14, 2013. (J. Kessel/B. Dennis) Mayor Carpenter recognized Councilmember Fowler who moved, seconded by Councilmember Scagliola, to approve the minutes of the regular meeting of May 14, 2013. The vote was 4-0-1 with Councilmembers Fowler, Scagliola, Antuna, and Verinder voting yes, and no one voting no, and Mayor Pro-Tem Edwards abstaining. Motion Carried. 2. Resolution No. 13-R-40 – Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing Legal Counsel to proceed on behalf of the City of Schertz in opposing the permit application filed by Post Oak Clean Green, Inc., for a landfill, and other matters in connection therewith. (J. Bierschwale/K. Tapley) The following caption was read into record: RESOLUTION NO. 13-R-40 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING LEGAL COUNSEL TO PROCEED ON BEHALF OF THE CITY OF SCHERTZ, TEXAS IN OPPOSING THE PERMIT APPLICATION FILED BY POST OAK CLEAN GREEN, INC. IN CONNECTION WITH A PROPOSED LANDFILL, AND OTHER MATTERS IN CONNECTION THEREWITH. Mayor Carpenter introduced this item stating that this particular landfill if approved is going to be placed in close proximity to our water source here in Schertz. He stated it is incumbent upon us and everyone in Guadalupe County to oppose this particular landfill. 05-21-2013 Minutes Page - 4 - Mayor Carpenter recognized Mayor Pro-Tem Edwards who moved, seconded by Councilmember Scagliola, to approve Resolution 13-R-40. The vote was unanimous with Mayor Pro-Tem Edwards, Councilmembers Fowler, Scagliola, Antuna and Verinder voting yes, and no one voting no. Motion Carried. Mayor Carpenter recognized Councilmember Antuna who asked what the estimated cost would be for representation. Executive Director of Operations John Bierschwale stated that the Schertz-Seguin Local Government Corporation has budgeted approximately $50,000 for this year and $50,000 for the following year. Mr. Bierschwale stated that this is a two (2) year contested court case. Mr. Bierschwale stated that they will keep Council advised as it goes through the process. 3. Resolution No. 13-R-39 – Discussion and consideration and/or action approving a Resolution authorizing a Parks, Recreation and Community Services Department Naming Rights and Endorsement Policy and other matters in connection therewith. (B. James/G. Logan) The following caption was read into record: RESOLUTION NO. 13-R-39 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT NAMING RIGHTS AND ENDORSEMENT POLICY AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Parks Manager Chuck Van Zandt who stated the City’s Parks, Recreation, and Community Services Department have developed a Parks, Recreation, and Community Services Department Naming Rights and Endorsement Policy. This policy was developed after the Department was approached by a local corporation that wanted to provide development funding for several City of Schertz Parks, Recreation, and Community Services Department facilities. Mr. Van Zandt stated that the Parks and Recreation Board unanimously approved this policy. The policy identifies several categories that would qualify for naming rights and endorsements by the City Council of the City of Schertz: • Category 1. Parks and Recreation facilities/property includes real estate, buildings, park roads, whole parks; • Category 2. Memorials/physical items includes gardens, monuments, memorials, rooms, furniture or collections as well as smaller items such as trees, benches, paving stones at specific sites, or individual items within larger collections; • Category 3. Branding and Special Programs/Activities includes sponsorships of time- specific activities or endowments for on-going projects or initiatives. Examples might include, but are not limited to: youth sports team uniforms, booths at city wide events, an exhibition booth display, sponsorship of an annual golf benefit tournament, etc. 05-21-2013 Minutes Page - 5 - This policy provides for the development of community facilities with local benefactors and corporation assistance. The policy is designed to provide funding assistance for local park, recreation, and community facilities throughout the City of Schertz. This action will approve the acceptance of individual, organizational, and corporate funding donations for existing and future Park, Recreation, and Community Services facilities. Staff recommends approval. Mayor Carpenter recognized Mayor Pro-Tem Edwards who wanted to make sure it was not a problem having capital improvements being done by a corporation or private entity. He wanted to make sure there was not a problem with the municipal finance rules. Executive Director of Development Brian James stated that each situation would be dealt with on a case by case basis in terms of what level of funding and how the funding was provided so we do not run foul of any state, federal or local regulations. He stated it could be contributions to the capital costs, it could be just a dedication of funds to go to operations, it could be any number of things, and that part would be dealt with on a case by case basis. He stated that when these are brought to Council staff would walk them through the process. Mayor Pro-Tem Edwards expressed his concern about what organizations are given naming rights. He wanted to know if Council would set the duration or would staff set them on the smaller groups as stated in categories 2 & 3. Mr. James stated that categories 2 and 3 are really endorsements or brandings, he would anticipate in saying the branding of special programs and activities would be for the year it would occur. Mr. James gave examples of title sponsors and how they would work. Mr. James stated that if they funded the event for that year they would get it only that year, should they come back the next year and wanted to fund it again, then staff would work with them on that year. This would be on an event by event basis. He stated the category 2 items are smaller things, such as names on benches in a dog park. He stated that staff would proceed conservatively, but if in doubt about the appropriateness of an endorsement, staff would air on the side of caution. Mayor Pro-Tem Edwards asked should one of the main sponsors go out of business, what would be the policy regulating these types of issues. Mr. James stated that this was a good point and he would have staff go back and look into this. Mr. James stated that regarding the big naming rights agreements, the agreement needs to have a provision that specifies what happens in the event of some instances, and detail the events. Mr. James suggested Council suspend consideration at this time until staff can come back with the information and incorporate it into the policy. Mr. James verified Councilmember Verinder’s question that the policy applies to individual benefactors and corporations. Councilmember Scagliola stated his concern regarding adult oriented businesses wanting to provide funds to an event or sponsorships. Mr. James stated that the Director of Parks and Recreation as well as the Parks Advisory Board would handle these types of cases with caution, utilizing our goals and objectives of the City. He stated that if in doubt the request would be presented to Council for consideration. Mayor Carpenter stated that he would like to leave this item open and apologized that he had passed over the Hearing of Residents portion of the agenda, as it was not on his Executive Summary provided. Mayor moved to the Hearing of Residents. Hearing of Residents 05-21-2013 Minutes Page - 6 - This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker’s register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and/or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Mayor Carpenter recognized the following who spoke: • Ms. Melinda Steadman, 3133 Muntjac, who spoke regarding the Nuisance Ordinance, Code Section 54-22, Exterior property areas; nuisance upon premise – (3) Any sign, notice, pole, post, basketball goal, and any other obstruction placed or painted upon any sidewalk, street or in any public right-of-way within the corporate limits of the City. Ms. Steadman provided Council with information regarding a recent incident with her basketball goal being in the street and being cited. She stated that after reading the code it’s not about safety, it’s about property values and cited specific sections of the code. She believes that a kid playing basketball in the street or on the sidewalk should not be in this code, and that when the code was written she was sure that it was not meant for kids to receive tickets for playing basketball in the street, it was meant to keep our property values up. She asked the Council to revisit Code specifically the issue of being able to place a basketball goal on the sidewalk and in the street temporarily for the children to play. Mayor Carpenter requested staff to place this issue on an upcoming agenda to discuss. Mayor Carpenter further stated that there are times they approve items with unintended consequences and the joyous thing about being on Council is that if they take a second look at something and find that it is wrong they can change it. • Ms. Maggie Titterington, Schertz Chamber of Commerce, provided information on upcoming events. Some of the information mentioned: - Thanking Council and staff for attending the Chamber luncheon today, the information provided by TxDOT was encouraging that both turn-arounds on FM 3009 would be functional soon. - Tuesdays & Thursdays – Get Fit with SCOC – Pickrell Park 5:30 p.m. to 6:30 p.m. - May 22, 2013, Biz Ed Class – hosted by Broadway Bank 7:30 a.m. to 9 a.m. 05-21-2013 Minutes Page - 7 - - May 22, 2013, After Hours Mixer – hosted by REMAX 5:30 p.m. to 7:00 p.m. - May 27, 2013 – Chamber Offices will be closed - May 27, 2013 City of Cibolo Veterans Memorial Park, Memorial Day Ceremony 10:30 a.m. to 12 noon. - Toastmasters is now every Monday Night. 6:45 p.m. at Comfort Inn & Suites - June 6, 2013 Small Business Forum - June 12, 2013 – Ambassador Mixer Committee Drive 5:30 p.m. to 7:00 p.m. She stated that she would not be at the next meeting because she will be a grandmother and will be out of town. Mayor Carpenter moved back to item 3. 3. Resolution No. 13-R-39 – Discussion and consideration and/or action approving a Resolution authorizing a Parks, Recreation and Community Services Department Naming Rights and Endorsement Policy and other matters in connection therewith. (B. James/G. Logan) Council continued their dialog with staff to enhance the policy. Council concurred to take no action allowing staff to come back at a later date with the suggested changes to the policy. No action taken. 4. Resolution No. 13-R-37 - Consideration and/or action approving a Resolution authorizing one (1) permanent water easement agreement with the City of San Antonio for the use, benefit, and control of the San Antonio Water System Board of Trustees, and other matters in connection therewith. (J. Bierschwale/S. Willoughby) The following caption was read into record: RESOLUTION NO. 13-R-37 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING ONE (1) PERMANENT WATER EASEMENT AGREEMENT WITH THE CITY OF SAN ANTONIO FOR THE USE, BENEFIT, AND CONTROL OF THE SAN ANTONIO WATER SYSTEM BOARD OF TRUSTEES, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Public Works Director Sam Willoughby who stated that action requested of Council is to approve one (1) additional permanent water line easement related to those easements approved in 2012. This easement was missed in the first set of agreements approved in 2012. This easement will connect to a new water tank facility and will accommodate new water lines and other related facilities. The City sold the property for the new water tank facility to SAWS in October 2011. Fiscal impact is $350. Staff recommends approval. Mayor Carpenter recognized Mayor Pro-Tem Edwards who moved, seconded by Councilmember Fowler, to approve Resolution 13-R-37. The vote was unanimous with Mayor Pro-Tem Edwards, Councilmembers Fowler, Scagliola, Antuna and Verinder voting yes, and no one voting no. Motion Carried. 05-21-2013 Minutes Page - 8 - 5. Legislative Updates - Presentation/discussion regarding Legislative updates (D. Harris/D. Harris) Mayor Carpenter recognized Executive Director of Support David Harris who provided information provided by the Texas Municipal League regarding the legislative session highlighting several themes. Mr. Harris highlighted several House and Senate bills, some of which included the following themes: • Issues relating to fire arms. • Transparency issues – having to do with fiscal transparency – requiring the Comptroller to provide a web page providing tax and debt information for subdivisions that levy an ad valorem tax. • Public Information Act – having to do with emails being sent from personal email accounts if related to City they would be defined as a government record. • Law enforcement drones – it would make it an offense for a person using an unmanned vehicle or unmanned aircraft to capture or use videos taken by the vehicle. • Exemptions of state and local sales tax. • Expansion of the boundaries of the Cibolo Creek Municipal Authority. • Subdivision regulations, requiring infrastructure standards relating to ingress and egress for access by emergency vehicles for use during evacuations. • Governmental bodies located in three or more counties, allowing for meetings by teleconference. Mayor and Council thanked Mr. Harris for keeping them updated on the issues. Mr. Harris encouraged Mayor and Council to find a local representative and build relationships over the next year as it helps the City during the legislative time. Get more involved in the region utilizing organizations like AACOG. Mayor Carpenter stated that last Thursday evening the Northeast Partnership had for the first time a meeting outside their normal monthly meetings which included the nine (9) area Mayors which had the same conversation which Mr. Harris had suggested. Mayor Carpenter stated as a result of this meeting it will become a habit of meeting on the first Thursday evenings of every month to reach out to the State Senators, State Representatives, County Governments, and the School Boards to start relationships with them as a body of nine (9) cities that represent the Northeast Partnership. Mayor Carpenter stated that on June 20, 2013, the majority of the Mayor’s and the County of Guadalupe will be getting together with Guadalupe County Judge Larry Jones and meeting for the same purpose. This will be two (2) entities to draw upon for contact in the next session. 05-21-2013 Minutes Page - 9 - Mayor Carpenter recognized City Manager John Kessel who also thanked Mr. Harris for sending the updates out, stating it is extremely helpful for staff to have him keep track of them to be for efficient and effective. He also concurs to get more involved regionally on issues that affect the City and the surrounding area. Roll Call Vote Confirmation Mayor Carpenter recognized City Secretary Brenda Dennis who recapped the votes for the workshop item and the regular agenda items1 through 4. Requests and Announcements 6. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives No further announcements provided. 7. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No items further other than revisiting the Nuisance Ordinance. 8. Requests by Mayor and Councilmembers to City Manager and Staff for information. No information requested. 9. 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 Carpenter recognized Mayor Pro-Tem Edwards who stated he was glad to be back and thanked everyone for the phone calls and prayers. Mayor Pro-Tem Edwards thanked EMS Director Dudley Wait and his crew. Mayor Carpenter recognized Councilmember Fowler who stated he attended the following: • Sunday, May 19, 2013, EMS Golf Tournament • Tuesday, May 21, 2013, Schertz Chamber of Commerce meeting 05-21-2013 Minutes Page - 10 - Mayor Carpenter recognized Councilmember Scagliola who stated he attended the following: • Wednesday, May 15, 2013, Animal Control Board meeting • Friday, May 17, 2013, Interview Committee Volunteer interviews • Tuesday, May 21, 2013, Schertz Chamber of Commerce meeting Mayor Carpenter recognized Councilmember Antuna who stated he attended the following: • Monday, May 20, 2013, MPO Policy Board meeting • Tuesday, May 21, 2013, Guadalupe County Commissioners Court Mayor Carpenter recognized Councilmember Verinder who called upon on all citizens to keep those affected in Moore Oklahoma in their thoughts and prayers. Councilmember Verinder stated he attended the following: • Wednesday, May 15, 2013, Police Memorial Ceremony • Friday, May 17, 2013, TML Legislative status webinar • Tuesday, May 21, 2013, Schertz Chamber of Commerce meeting Mayor Carpenter stated he attended the following: • Thursday, May 16, 2013, meeting with the area Mayors of the Northeast Partnership • Saturday, May 18, 2013, Graduation Ceremony of the inaugural class at John Paul II Catholic High School • Sunday, May 19, 2013, EMS Golf Tournament Upcoming Events: Saturday, June 8, 2013, at the air conditioning units will be placed by helicopter on the Amazon facility. Thursday, June 20, 2013, the Mayors around Guadalupe County will meet in Cibolo with the County Judge to discuss forming a group to get more involved in the state and regional government. Executive Session Mayor Carpenter recessed the regular meeting into executive session at 7:41 p.m. Called under: Section 551.071 Texas Government Code Deliberation regarding 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; 05-21-2013 Minutes Page - 11 - Section 551.074 Texas Government Code - Deliberation regarding personnel matters, policies, duties, employment, and evaluation of certain public officials and employees; Reconvene into Regular Session Mayor Carpenter reconvened into regular session at 8:00 p.m. Reconvene into Regular Session 10. Take any action deemed necessary as a result of the Executive Session. No action taken as Council did not meet. Adjournment As there was no further business, the meeting was adjourned at 8:01 p.m. __________________________________ Mayor, Michael R. Carpenter ATTEST: _________________________ City Secretary, Brenda Dennis Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: May 28, 2013 Department: Public Works Subject: Resolution No. 13-R-42 – a Resolution authorizing the acceptance of a Permanent Drainage Easement in the Arroyo Verde Subdivision and authorizing a Drainage Easement Agreement with the Arroyo Verde Homeowner Association, Inc. BACKGROUND The East Dietz Creek runs through the Arroyo Verde subdivision within a drainage easement and the 100 year FEMA floodplain. The developer elected to leave this area in a natural state and dedicated it to the Homeowner’s Association for maintenance. The City no longer allows these types of areas to be left natural and privately owned. The unimproved channel is eroding due to high velocities upstream of the bridge and slower flows downstream of the bridge are causing silt build-up. This area needs to be improved by widening the channel and removing the build-up of silt and installing erosion control matting to protect the channel from further erosion. This erosion will eventually cause damage to the bridge and could result in damage of property from flood waters. Goal To enter into an agreement with the Arroyo Verde HOA for a Permanent Drainage Easement allowing for the improvements and proper maintenance of the channel in the existing easement. Community Benefit Provide for the health, safety, and welfare of the residents of the Arroyo Verde community and ensure that the section of the E. Dietz creek channel that runs through the subdivision is maintained efficiently to protect life and property from the risk of flood damage. Summary of Recommended Action Staff recommends Council approve the resolution authorizing the City to enter into a Drainage Easement Agreement with the Arroyo Verde Homeowner Association. FISCAL IMPACT No fiscal impact to execute the agreement. Fiscal impact to maintain the drainage easement is in our approved FY 2012-13 Drainage Budget. RECOMMENDATION Staff recommends Council approve Resolution No. 13-R-42 ATTACHMENTS Resolution 13-R-42 Drainage Easement Agreement AFTER RECORDING RETURN TO: Katherine A. Tapley Fulbright & Jaworski L.L.P. 300 Convent Street, Suite 2100 San Antonio, Texas 78205 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. DRAINAGE EASEMENT AGREEMENT THE STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF GUADALUPE § THAT Arroyo Verde Homeowner Association, Inc, (the “Grantor”), for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration to the Grantor paid by the CITY OF SCHERTZ, a Texas municipal corporation (the “Grantee”), the receipt and sufficiency of which are hereby acknowledged, has GRANTED, SOLD, and CONVEYED and by these presents does GRANT, SELL, and CONVEY unto the Grantee, its successors and assigns, subject to the terms hereof, a permanent exclusive easement and right-of-way (the “Easement”) upon, across, and beneath that certain real property located in Guadalupe County, Texas, as more particularly described in Exhibit “A” attached hereto and incorporated herein for all purposes (the “Property”), for the purpose of utilizing, operating, maintaining, and repairing a drainage pond, ditch, and/or channel and any and all related infrastructure and improvements, including, without limitation, the installation of reinforced concrete pipe, rock headwall, and rock riprap, as well as on-going maintenance and repair or replacement of outfall as required, together with the right of access, ingress, and egress for such purposes. The Easement herein granted is subject to the following terms, agreements, reservations, conditions, covenants, limitations, and exceptions: (1) The Easement herein granted shall be perpetual until the earlier to occur of (a) the permanent and affirmative abandonment of the use of the Easement by the Grantee, its successors or assigns, or (b) the execution and recordation in the Official Public Records of Guadalupe County, Texas, of an instrument by which the Grantee, or its successors or assigns, as applicable, abandons and releases the Easement. (2) Neither the Grantor nor any successor owner of the Property shall disconnect, disturb, or otherwise interfere with the continued use of the Easement, nor shall any such persons erect or permit the erection of any buildings, slabs, structures, improvements, or obstructions within the boundaries of the Property, or which 50593550.2 would otherwise interfere with the Easement’s continued use and maintenance. With respect to any buildings, slabs, structures, improvements, trees, brush, or other obstructions encroaching on the Property as of the date of this Agreement or in the future, the Grantee shall have the right to remove such items to allow for the use, construction, operation, maintenance, and/or repair of the Easement. (3) The Easement herein granted shall run with the land and be binding upon and inure to the benefit of the Grantor and the Grantee, and their respective successors, assigns, and legal representatives, and shall be binding upon all parties having or acquiring any right, title or interest in the Property or any portion thereof. (4) If any repair or replacement activities become necessary as a result of the acts, omissions, or negligence of the owner or owners of the Property or the Grantee’s premises or any of their tenants, or any of such persons’ respective agents, employees, licensees, or invitees, then such owner or owners shall be responsible for promptly performing, at their sole cost and expenses, all necessary repairs, and, if they fail to do so, the Grantee (or its successors or assigns, as applicable) shall be entitled to do so and to recover all reasonable costs therefore (including, without limitation, reasonable attorneys’ fees) from the owner or owners (jointly and severally) of the Property or the Grantee’s premises. (5) The Easement is further made subject to all existing easements, rights-of-way, conditions, restrictions, covenants, or outstanding mineral or royalty interests or reservations, of record, if any, in Guadalupe County, Texas as of the date hereof, to the extent that the same are valid and subsisting and affect all or any portion of the Property. (6) The Grantee may exercise its rights hereunder directly by its employees or by its contractors or any duly authorized agent. TO HAVE AND TO HOLD said Easement together with all and singular the rights and appurtenances thereto anywise belonging unto the Grantee, its successors and assigns; and the Grantor does hereby bind itself, its successors and assigns, to specifically warrant and forever defend the Easement unto the Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof; subject, however, to the matters set forth herein. This Agreement is effective upon the execution of this Agreement by the Grantor and the Grantee (the “Effective Date”). [ signatures and acknowledgements on the following pages ] 50593550.2 - 2 - 50593550.2 - 3 - This instrument has been executed as of the dates of the acknowledgments to be effective as of the Effective Date. GRANTOR: ___________________________, a __________________________ By: Name: Title: THE STATE OF _________ § § COUNTY OF __________ § This instrument was acknowledged before me on the ____ day of _________, 2013 by _________________, as _______________ of ___________________________________, on behalf of such ___________. (SEAL) Notary Public in and for The State of _________ My Commission Expires: GRANTEE: CITY OF SCHERTZ, a Texas municipal corporation John C. Kessel City Manager THE STATE OF TEXAS § § COUNTY OF GUADALUPE § This instrument was acknowledged before me on the ____ day of _________, 2013 by John C. Kessel, as City Manager of the City of Schertz, a Texas municipal corporation, on behalf of such City. (SEAL) Notary Public in and for The State of Texas My Commission Expires: 50593550.2 - 4 - 50593550.2 A-1 EXHIBIT A Legal Description of the Property Lot 3, Block 1 of the Arroyo Verde, Unit-1 Subdivision, as shown on the plat thereof recorded in Book Volume 6, Pages 73-74 of the Plat Records of Guadalupe County, Texas. Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: May 28, 2013 Department: Public Works Subject: Resolution No. 13-R-43 - a Resolution authorizing the acceptance of one (1) Permanent Waterline Easement and one (1) Temporary Construction Easement in the Arroyo Verde Subdivision and authorizing a Waterline Easement and Temporary Construction Easement Agreement with the Arroyo Verde Homeowner Association, Inc. BACKGROUND The Oaks at Green Valley II were required to have a looped waterline for the development of their shopping center. The nearest available waterline is located in the Arroyo Verde Subdivision. To install the waterline a temporary construction easement and a permanent waterline easement is necessary. These easements will allow for a loop system waterline from their development to the Arroyo Verde Subdivision. Goal Execute an agreement with Arroyo Verde Homeowner Association, Inc. accepting a 0.0763 acre Permanent Waterline Easement and a 0.0914 acre Temporary Construction Easement located at the corner of FM 3009 and Savannah Drive in the Arroyo Verde Subdivision. Community Benefit Improved water service and fire flow to the Arroyo Verde Subdivision and the Oaks of Green Valley II Shopping Center. Summary of Recommended Action Staff recommends Council approve the resolution authorizing the City to enter into a Waterline Easement and Temporary Construction Easement Agreement (the “Easement Agreement”) for one (1) Permanent Waterline Easement and one (1) Temporary Construction Easement with the Arroyo Verde Homeowner Association and authorizing the City Manager to execute and deliver the Easement Agreement with Arroyo Verde Homeowner’s Association in substantially the form set forth on the attachment. FISCAL IMPACT No fiscal impact for the easement dedication. RECOMMENDATION Staff recommends Council approve Resolution 13-R-43 ATTACHMENTS Resolution 13-R-43 Permanent Waterline and Temporary Construction Easement Agreement with Exhibits A and B 50310413.1 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. WATERLINE EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THE STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF GUADALUPE § THAT _Arroyo Verde Homeowner Association, Inc. (the “Grantor”), for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration to the Grantor paid by the CITY OF SCHERTZ, a Texas municipal corporation (the “Grantee”), the receipt and sufficiency of which are hereby acknowledged, has GRANTED, SOLD, and CONVEYED and by these presents does GRANT, SELL, and CONVEY unto the Grantee, its successors and assigns, subject to the terms hereof, (1) a permanent exclusive easement and right-of-way upon, across, and beneath real property located in _Guadalupe_ County, Texas, as more particularly described in Exhibit A attached hereto and incorporated herein for all purposes (the “Permanent Easement”), and being a _0.0763_-acre portion of that _3.194__-acre tract of land of the Grantor more particularly described in that instrument recorded in Volume __6__, Page __73-74__ of the Official Public Records of Guadalupe County, Texas (the “Premises”), and (2) a temporary non-exclusive construction easement and right-of-way upon and across a _0.0914_-acre portion of the Premises, as more particularly described on Exhibit B attached hereto and incorporated herein for all purposes (the “Construction Easement”) (collectively, the “Easements”). The Permanent Easement is granted for the purpose of constructing, operating, maintaining, and repairing a waterline (the “Waterline”). The Construction Easement is granted for the purpose of facilitating the construction of the Waterline. The Easements herein granted are subject to the following terms, agreements, reservations, conditions, covenants, limitations, and exceptions: (1) The Permanent Easement herein granted shall be located across a 10-foot wide strip of land and shall be perpetual until the earlier to occur of (a) the permanent and affirmative abandonment of the use of the Permanent Easement by the Grantee, its successors or assigns, or (b) the execution and recordation in the Official Public Records of _Guadalupe_ County, Texas, of an instrument by which the Grantee, or its successors or assigns, as applicable, abandons and releases the Permanent Easement. (2) The Construction Easement herein granted shall be located across a 20-foot wide strip of land adjacent and parallel to, and coextensive with, the Permanent Easement. The Construction Easement shall terminate upon the earlier to occur of (a) completion (as certified in writing by the Grantee to the Grantor) of the 50310413.1 - 2 - Waterline construction, or (b) nine (9) months after commencement of construction, which commencement is hereby defined to mean the commencement of excavation work upon the Permanent Easement. In the event the Grantee should be delayed or hindered or prevented from completing construction and installation of the Waterline within the time frame provided above by reason of the acts and/or inaction of the Grantor, restrictive government laws or regulations, insurrection, war, acts of God, and inclement weather or other reasons of like nature not the fault of the Grantee or its agents and contractors, then the period for the performance of the completion of the construction and installation of the Waterline shall be excused for the period of the delay and shall be extended for a period equivalent to the period of such delay. The Grantee shall restore the Construction Easement area to as close to its original condition as reasonably practical. (3) Neither the Grantor nor any successor owner of the Premises shall disconnect, disturb, or otherwise interfere with the continued use of the Waterline, nor shall any such persons erect or permit the erection of any buildings, slabs, structures, or other improvement within the boundaries of the Permanent Easement, or which would otherwise interfere with the Waterline’s continued use and maintenance. With respect to any buildings, slabs, structures, or other improvements encroaching on the Permanent Easement as of the date of this Agreement, the Grantee shall have the right to remove such building, slab, structure, or improvement to allow for the construction, operation, maintenance, or repair of the Waterline. The Grantee shall, however, take reasonable precautions to preserve any mature trees existing within either the Permanent Easement or the Construction Easement. To the extent that construction of the Waterline results in the removal of brush from the Easements, the Grantee shall arrange for the disposal of the brush at the Grantee’s sole cost and expense. (4) The Easements herein granted shall run with the land and be binding upon and inure to the benefit of the Grantor and the Grantee, and their respective successors, assigns, and legal representatives, and shall be binding upon all parties having or acquiring any right, title or interest in the Premises or any portion thereof. (5) Should it become necessary at any time subsequent to completion to the construction of the Waterline for the Grantee to enter the Grantor’s Premises for the purpose of maintaining, repairing, operation, or altering the Waterline in any way, the Grantee shall, after each entry upon the Premises, leave the Premises substantially in the same condition that it was in prior to such entry to the full extent reasonably practicable. If any repair or replacement activities become necessary as a result of the acts, omissions, or negligence of the owner or owners of the Premises or any of their tenants, or any of such persons’ respective agents, employees, licensees, or invitees, then such owner or owners shall be responsible for promptly performing, at their sole cost and expenses, all necessary repairs, and, if they fail to do so, the Grantee (or its successors or assigns, as applicable) 50310413.1 - 3 - shall be entitled to do so and to recover all reasonable costs therefore from the owner or owners (jointly and severally) of the Premises. (6) The Easements are further made subject to all validly existing easements, rights- of-way, conditions, restrictions, covenants, or outstanding mineral or royalty interests or reservations, of record, if any, in _Guadalupe_ County, Texas as of the date hereof. (7) The Grantee may exercise its rights hereunder directly by its employees or by its contractors or any duly authorized agent. TO HAVE AND TO HOLD said Easements together with all and singular the rights and appurtenances thereto anywise belonging unto the Grantee, its successors and assigns; and the Grantor does hereby bind itself, its successors and assigns, to specifically warrant and forever defend the Easements unto the Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under the Grantor, buy not otherwise, subject, however, to the matters set forth herein. Executed to be effective as of __________ __, 201__ (the “Effective Date”). [ signatures and acknowledgements on the following pages ] 50310413.1 - 4 - This instrument has been executed as of the dates of the acknowledgments to be effective as of the Effective Date. GRANTOR: ___________________________ By: Name: Title: THE STATE OF __________ § § COUNTY OF __________ § This instrument was acknowledged before me on the ____ day of May, 2010 by ___________________, as _______________ of ___________________________________, on behalf of such ___________. (SEAL) Notary Public in and for The State of _________ My Commission Expires: 50310413.1 - 5 - GRANTEE: CITY OF SCHERTZ John C. Kessel City Manager, City of Schertz THE STATE OF TEXAS § § COUNTY OF GUADALUPE § This instrument was acknowledged before me on the ____ day of _________, 201_ by John C. Kessel, as City Manager of the City of Schertz, on behalf of such City. (SEAL) Notary Public in and for The State of Texas My Commission Expires: AFTER RECORDING RETURN TO: Katherine A. Tapley Fulbright & Jaworski L.L.P. 300 Convent Street, Suite 2100 San Antonio, Texas 78205 50310413.1 A-1 EXHIBIT A Permanent Easement 50310413.1 B-1 EXHIBIT B Construction Easement Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: May 28, 2013 Department: City Secretary Subject: Boards, Committees, and Commission appointments BACKGROUND The Interview Board for Boards, Commissions, and Committees met on May 17, 2013, and conducted interviews for new appointments to various boards, commissions, and committees. The Board also discussed and determined re-appointments to various boards, commissions, and committees. The Interview Board consisted of: Mayor Pro-Tem Edwards, Brian James, David Richmond, Councilmember Scagliola, and Tim Brown. The Board agreed to recommend to Council to re-appoint the following individuals to various boards and/or commissions with a term expiration date of May 2015: • Board of Adjustment o Frank McElroy o Christopher Montgomery o Mark Tew • Economic Development Corporation o Tim Brown o Angelina Kiser o Roy Richard • Historical Preservation Committee o David Roman o Barbara Hall o Cynthia Palmer o Pete Perez o Diana Webb o James Webb • Library Advisory Board o Juan Thorn o Laura Wilson City Council Memorandum Page 2 o Ruth Tienor o Patty Lovelady o Margaret Riley o Mary McAllister o Patti Dilworth • Parks and Recreation Advisory Board o Mustapha Debboun o Mark Davis o Floy Simmons o Harriett Higgs o Terry Armstrong o Johnie McDow • Planning and Zoning Commission o David Richmond o Christian Glombik o Richard Braud • Traffic Safety Advisory Commission o Stephen Bish o Bill Bowers The following boards have vacancies: Planning & Zoning Commission (P&Z) - 2 Alternate Positions Transportation Safety Advisory Commission (TSAC) - 1 Regular Position and 2 Alternate Positions The following submitted applications for consideration: Mr. Mark Davis - P&Z - Currently serves on Parks & TSAC Mrs. Yolanda Suarez - P&Z - Does not serve on a board at this time Mr. William Rumfelt - P&Z - Currently serves on TSAC term to expire May 31st Mr. John Cook - P&Z/TSAC - New does not serve on a board at this time Mr. Eric Haugen - TSAC - New does not serve on a board at this time Mr. Max Hernandez - TSAC - Does not serve on a board at this time (former TSAC Member) The board agreed to recommend to Council the following actions regarding the appointment of individuals to the various boards and/or commissions with a term expiration date of May 2015, as of vacancies that exist on Planning & Zoning and Transportation Safety Advisory Commission: • Planning & Zoning o Yolanda Suarez, Alternate #1 Term to expire May 2014 o William Rumfelt, Alternate #2 Term to expire May 2015 City Council Memorandum Page 3 • Traffic Safety Advisory Commission o Max Hernandez - Regular Member Term to expire May 2015 o Eric Haugen, - Regular Member, Term to expire May 2015 o John Cook, Alternate #1, Term to expire May 2015 FISCAL IMPACT None RECOMMENDATION Staff recommends Council appoint and re-appoint individuals to various boards, commissions, and committees per the recommendation of the Interview Board