City Council MINUTES 3-20-2012 REGULAR - City of Seguin

City Council Minutes 3/20/12 1 

COUNCIL AGENDA 

City Hall Council Chambers 

210 E. Gonzales 

Seguin, Texas 78155 

The City Council met in a Regular Called Meeting on Tuesday, March 20, 2012 at 5:30 p.m. in the 

City Hall Council Chambers, City Hall, 210 E. Gonzales Street in the City of Seguin with Mayor Betty 

Ann Matthies presiding. 

1. Call to Order 

2. Invocation – Councilman Bob Pees 

3. Pledge of Allegiance/Salute to the Texas Flag 

4. Roll Call 

ATTENDANCE 

Councilmember 

District 

Present 

1. Don Keil 7 Present 

2. Manuel Cevallos 1 Present 

3. Mary Louise Gonzales 2 Present 

4. Carlos Medrano 5 Present 

5. Bob Pees 8 Present 

6.Tomas Castellon(Mayor Pro Tem) 4 Present 

7. Nick Carrillo 3 Present 

8. Steve Tschoepe 6 Present 

9. Mayor Betty Ann Matthies Present 

Absent 

5. Hearing of Residents 

a. Invitation to hear citizens and council members in advance of regular business on items 

other than what is on the agenda, which shall be limited to five (5) minutes. Discussion 

of any item not on the agenda shall be limited to 1) Statements of specific factual 

information given in response to any inquiry; 2) A recitation of existing policy in response to 

an inquiry; 3) A proposal to place the subject on the agenda for a future meeting. 

Citizen comments: 

Name: Dennis Martin, citizen & volunteer for “Art for the Park” 

Address: 

City: Seguin, Texas 

He invited everyone to the “Art for the Park” Event.


Name: Jeremiah ArevaloA 

Address: 933 Anderson St. 


He expressed his concern regarding his councilman for not speaking up during the Judge 

Wiggins situation. 

Name: Mrs. Miller 

Address: 3414 Old Spanish Trail 


She expressed her concern about the information that was not getting out to the public. 

She believed that the council was there to represent the general public. She requested a 

copy of the agenda for each council meeting. 

Councilmember Bob Pees 

He recommended that the new city council maps/districts be provided to the general 

public besides the one that is on the city web site. 

Mayor Betty Ann Matthies 

She stated that in light of Mike Wiggins resignation as judge, she stated that the 

special called council meeting on Friday would not be necessary and asked for comments 

from the council. The council agreed that a meeting would not be necessary. 

Councilmember Tomas Castellon 

He commented that he had voiced his opinion regarding Judge Wiggins and that if anyone 

in the general public who wished to contact him could do so. He was easy to contact. 

Councilmember Steve Tschoepe 

He recommended that the city statement stuffers that are sent out to the general public add 

a listing of the councilmembers and their contact information. 

Councilmember Mary Louise Gonzales 

She wanted to thank the TLU students for cleaning the sidewalks downtown. 

6. Presentation 

a. 2011 Audit Report – Nancy Vaughan, Armstrong Vaughan & Associates 

Nancy Vaughn shared the results of the audit report and reviewed the highlights of the 

report. 

b. New requirements and procedures for obtaining a General Contractors License – Bill 

Couch, Director of Planning & Zoning 

Bill Couch, Director of Planning and Zoning provided an overview of new requirements 

and procedures for obtaining a General Contractors License. 

7. Consent Agenda 

a. Ordinance on second reading adopting a Stabilization Agreement in accordance with 

GASB 54; providing for an effective date; providing for the publication of this ordinance;


and authorizing city staff to submit this ordinance as a supplement to the Code of 

Ordinances 

b. Ordinance on second reading to consider a zoning change request from “Mixed” to 

“Single-Family Residential” for the property located at 1041 N. Guadalupe Street, Lt. 30, 

Blk. 285, Farm Addition 

ORDINANCE APPROVED (2nd reading) 

Council member Bob Pees made a motion to approve the consent agenda and council 

member Carlos Medrano seconded the motion. The motion carried with all council 

members voting “aye” and none voting “nay.” 

8. Action Items – Discussion and Possible Motion to Approve 

a. March 6, 2012 Regular Meeting Minutes 

Council member Steve Tschoepe made a motion to approve the minutes of the Regular 

Called Meeting of March 6, 2012 and council member Nick Carrillo seconded the motion. 

The motion carried with all council members voting “aye” and none voting “nay.” 

b. Resolution authorizing execution of agreement for professional services to maintain 

compliance with Governmental Accounting Standards – Tammy Garcia, Director of 

Human Resources 

RESOLUTION APPROVED 

Council member Carlos Medrano made a motion to approve the resolution (to perform 

these services for a fee not to exceed $14,000; which represents a decrease of $1,000 

decrease from the last contract) and council member Manuel Cevallos seconded the 

motion. The motion carried with all council members voting “aye” and none voting “nay.” 

c. Resolution to review Seguin Economic Development Corporation (SEDC) Investment 

Policy in order to conform to Public Funds Investment Act, Texas Government Code 

Annotated, Chapter 2256 – Susan Caddell, Director of Finance 


Council member Mary Louise Gonzales made a motion to approve the resolution and 

council member Steve Tschoepe seconded the motion. The motion carried with all 

council members voting “aye” and none voting “nay.” 

d. Quarterly Investment Report ending December 31, 2011 – Susan Caddell, Director of 

Finance 

Council member Don Keil made a motion to approve and council member Nick Carrillo 

seconded the motion. The motion carried with all council members voting “aye” and 

none voting “nay.” 

e. Resolution authorizing the submission of a 2012 COPS Hiring Program Grant application 

to the U.S. Department of Justice; and authorizing the City Manager to act as the City’s


Executive Officer and Authorized Representative in all matters pertaining to the city’s 

participation in the 2012 CHP Program – Tracy Stalnaker, Accounting Supervisor 


Council member Steve Tschoepe made a motion to approve the resolution and council 



f. Resolution authorizing the submission of an application for financial support to the 

Guadalupe County United Way; and authorizing the City Manager to act as the City’s 

Executive Officer and Authorized Representative in all matters pertaining to the city’s 

acceptance of financial support from the Guadalupe County United Way – Tracy 

Stalnaker, Accounting Supervisor 


Council member Bob Pees made a motion to approve the resolution and council member 

Nick Carrillo seconded the motion. The motion carried with all council members voting 

“aye” and none voting “nay.” 

g. Resolution approving the action of the Seguin Economic Development Corporation that 

authorizes a financial incentive for the A-L 97 IH10-SH46 L.P. Access Road Project and 

declaring an effective date – Terry Trevińo, Director of Economic Development 


Council member Mary Louise Gonzales made a motion to approve the resolution and 

council member Carlos Medrano seconded the motion. The motion carried with all 


Name: Mike Barrow 

Address: 134 Middletown 


He asked the council to reject the project. He shared an article about New Quest (a retail 

developer) that has flipped projects and sold them in the past. He went on to say that 

New Quest has as many assets as the City of Seguin and finds it incredible that they 

would need 2 million or 2 ½ million in financing by the citizens of Seguin. He said that he 

did not think that the citizens of Seguin should use their dollars to support this project 

and pad the profits of New Quest when they flip it. 

Name: Lester Jones, director of Development Engineering for New Quest Project 

He thanked the City of Seguin and the staff for working with them on this project. He 

stated that they could build a Regional Power Center that New Quest is known for. This 

was a difficult project due to the fact that there was a large tract of land off of IH-10 that 

had a lot of freeway frontage but limited freeway access. 

City Councilman Bob Pees 

He asked that the following be addressed if New Quest sells the property: 

• Make sure it states in the contract (use a specific formula for the payment) 

• Include reimbursement to SEDC and the City and spell out the terms (time period) 

that it will be paid back 

• Be paid back in full at the time of the sale if there is a sale.


City Councilman Don Keil 

He says that we need to provide some incentives in order to acquire these kind of 

businesses, but in the long run the city will get paid back. 

h. Resolution approving the expenditure of funds not to exceed $1,250,000 as a financial 

incentive for the A-L 97 IH10-SH46 L.P. Access Road Project; approving an Interlocal 

reimbursement agreement with the Seguin Economic Development Corporation; 

authorizing the City Manager to execute the documents set out in this resolution; and 

declaring an effective date – Doug Faseler, City Manager 


Council member Carlos Medrano made a motion to approve the resolution and council 

member Mary Louise Gonzales seconded the motion. The motion carried with all council 


i. Authorize the City Manager to purchase an art piece from the Seguin Commission on the 

Arts to be displayed at City Hall – Mary Jo Filip, Main Street Director 

Council member Don Keil made a motion to approve (the purchase of public art for a 

price of $1,500) and council member Carlos Medrano seconded the motion. The motion 

carried with all council members voting “aye” and none voting “nay.” 

j. Resolution adopting an amendment to the bylaws of the Cibolo Valley Local Government 

Corporation (CVLGC); providing for severability; repealing conflicting resolutions; and 

establishing an effective date – Andy Quittner, City Attorney 


Council member Steve Tschoepe made a motion to approve the resolution and council 

member Nick Carrillo seconded the motion. The motion carried with all council members 

voting “aye” and none voting “nay.” 

k. Ordinance on first reading 

amending the Code of Ordinances, Electric Code found in 

Chapter 18, Buildings and Building Regulations; adopting the 2011 National Electric 

Code with exceptions set forth in this ordinance; providing for an effective date; providing 

for publication and a severability clause; and authorizing city staff to prepare this 

ordinance for submission as a supplement to the Code of Ordinances – Bill Couch, 

Director of Planning & Zoning 

ORDINANCE APPROVED (1 st reading) 

Council member Tomas Castellon made a motion to approve the ordinance in the 1 st 

reading and council member Carlos Medrano seconded the motion. The motion carried 

with all council members voting “aye” and none voting “nay.” 

l. Resolution authorizing the City Manager to enter into a professional engineering services 

agreement with AIA Engineers, Ltd. for the Statewide Transportation Enhancement 

Program for the design and construction of a Hike & Bike Trail along Walnut Branch; and 

declaring an effective date – Joe Ramos, City Engineer



PROVED 

Council member Don Keil made a motion to approve the resolution (contract with AIA 

Engineering in the amount of $402,177.53) and council member Tomas Castellon 

seconded the motion. The motion carried with all council members voting “aye” and 

none voting “nay.” 

m. Resolution authorizing the City Manager to execute a professional services agreement 

with Ardaga & Associates for Property Acquisition Services related to the Business 123 

Reconstruction Project; and declaring an effective date – Joe Ramos, City Engineer 


Council member Manuel Cevallos made a motion to approve the resolution (Proposal by 

Ardaga & Associates for land acquisition negotiations for forty (40( 

40) ) parcels with a cost of 

$3,500 per parcel= $140,000) and council member Nick Carrillo seconded the motion. 

The motion carried with all council members voting “aye” and none voting “nay.” 

n. Resolution authorizing the City Manager to execute a professional services agreement 

with Menn & Associates for Appraisal Services related to the Business 123 

Reconstruction Project; and declaring an effective date – Joe Ramos, City Engineer 


Council member Manuel Cevallos made a motion to approve the resolution (for forty (40( 

40) 

appraisals at $2,000 per parcel and $125 per r hour in the event services are needed ed for 

condemnation proceedings=$80,000 and an additional $5,000 should condemnation 

proceedings be necessary but not to exceed $85,000) and council member Tomas 

Castellon seconded the motion. The motion carried with all council members voting “aye” 

and none voting “nay.” 

o. Resolution authorizing the City Manager to execute a professional services agreement 

with Tri-County Land Surveying, Inc. for surveying related to the purchase of right-of-way 

for the Business 123 Reconstruction Project; and declaring an effective date – Joe 

Ramos, City Engineer 


Council member Manuel Cevallos made a motion to approve the resolution (for land 

survey, metes and bounds descriptions, and will include a Right of Way Strip Map for forty 

(40) parcels needed for the project. The proposal obtained will be $900 for survey and 

description services per parcel as well as $1,200 for the Strip Map totaling $37,200) and 

council member Carlos Medrano seconded the motion. The motion carried with all 


p. Resolution authorizing the City Manager to execute a professional services agreement 

with Seguin Title for issuing title policies and closing documents needed to purchase the 

rights-of-way related to the Business 123 Reconstruction Project; and declaring an 

effective date – Joe Ramos, City Engineer 


Council member Mary Louise Gonzales made a motion to approve the resolution (for land 

acquisition negotiations for 40 (forty) parcels at $853 per parcel. Because additional 

costs may be incurred per parcel in the event the parcel(s) are in heirship, an additional


$5,880 is included to cover any unforeseen fees needed for the project for a total of 

$34,120 and not n 

to exceed $40,000) and council member Carlos Medrano seconded 

the motion. The motion carried with all council members voting “aye” and none voting 

“nay.” 

9. Acceptance and/or Rejection of Bid(s) 

a. Construction of Handicap Ramps, Sidewalk Improvements Phase II – Joe Ramos, City 

Engineer 

The recommended low bidder was: 

Westar $23,398.80 

Council member Tomas Castellon made a motion to approve the bid and council 



b. Steel Distribution Poles – William Bissette, Director of Utilities 

The recommended low bidder was: 

Sanpec, Inc. $85,900.00 

Council member Carlos Medrano made a motion to approve the bid and council 

member Manuel Cevallos seconded the motion. The motion carried with all council 


10. Acknowledgement of Bills 

The bills were acknowledged. 

11. Executive Session 

In accordance with Texas Government Code, Subchapter D, Section 551.071 and 551.087, 

the City Council may convene in a closed session to discuss any of the following items, any 

final action or vote taken will be in public 

a. Deliberation regarding Economic Development prospect negotiations 

The regular meeting was recessed and the council went into Executive Session at 

6:41p.m. The regular meeting reconvened at 7:18 p.m. 

12. Adjournment 

There being no further business before the council the meeting adjourned at 7:19 p.m. 

____________________________________ 

City Secretary, Thalia Patlán Stautzenberger 

__________________ 

Mayor Betty Ann Matthies

City Council Minutes 3/20/12 8

City Council MINUTES 3-20-2012 REGULAR - City of Seguin

Create successful ePaper yourself

Delete template?

Save as template?