09-18-2012 MinutesMrNUTES
REGULAR MEETING
September 18, 20]2
A Regular Meeting was held by the Schertz City Council of the. City of Schertz, Texas, on September
18, 2012, 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 Pro -Tern George Antuna
Councilmember David Scagliola
Councilmember Cedric Edwards arrived at 7:48 p.m.
Staff Present:
Executive Director John Bierschwale
Executive Director Brian James
City Attorney Katherine Tapley
City Secretary Brenda Dennis
CALL TO ORDER:
Councilmember Jim Fowler
Councilmember Michael Carpenter
City Manager John Kessel
Executive Director David Harris
Chief of Staff Bob Cantu
City Attorney Samantha Dyal
Mayor Pro -Tern Antuna called the Regular Meeting to order at 6:00 p.m. and welcomed everyone.
Mayor Pro -Tem Antuna stated that Councilmember Edwards would be running late this evening.
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 the State of Texas.
Presentations
• Presentation and discussion regarding the creation of a City of Schertz JazzFest. (J.
Bierschwale/B. Bailey/M. Spence)
Mayor Pro -Tem Antuna recognized Events Coordinator Mary Spence who provided
information on the proposed City of Schertz JazzFest giving examples of type of music and
possible one day event, which would be held in April.
• Presentation and update regarding "No Parking" on Corridor Loop (B. James/L. Busch)
Mayor Pr6 -Tem Antuna recognized City Engineer Larry Busch who provided an update
regarding "No Parking" on Corridor Loop. He stated that Bill Miller's and Schlotzsky's have
not had any problems with the designated no parking zones.
City Events
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Announcements of upcoming City Events (D. Harris /J. Bierschwale/B. James)
Mayor Pro -Tem Antuna recognized Executive Director John Bierschwale who provided the following
announcements:
• Saturday, September 22, 2012, Police Academy Alumni fund raiser, 7:00 a.m. to 2:00 p.m.
Schertz Pavilion.
• Friday, September 28 and Saturday, September 29, 2012, SchertzFest — Pickrell Park.
Mayor Pro -Tem Antuna recognized City Manager John Kessel who read a thank you email
regarding the success of the Volunteer Fair & Open House event which was held Monday,
September 27, 2012. City Manager John Kessel thanked all those involved, in particular City
Secretary Brenda Dennis for arranging the event.
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. r
All remarks shall he 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 Pro-Tern Antuna recognized the following people who spoke:
• Mr. Steve Layton, 12231 Lost Meadows Drive, who spoke on agenda Item 6 and EDU's.
• Mr. Ken Greenwald, 205 Westchester Drive, who spoke on agenda Item 2 and requested
Council not consider repealing it.
• Ms. Maggie Titterington, Schertz Chamber of Commerce, who provided an update on
Chamber events.
Discussion and /or Action Items
1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular
Meeting of September 11, 2012. (J. KesseI/B. Dennis)
Mayor Pro -Tern Antuna recognized Councilmember Carpenter who moved, seconded by
Councilmember Fowler to approve the September 11, 2012 minutes. The vote was unanimous
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with Mayor Pro -Tem Antuna, Councilmemhers Fowler, Scagliola, and Carpenter voting yes
and no one voting no. Motion carried.
2. Ordinance No. 12 -M -23 — Consideration and/or action approving Ordinance No. 12 -M -23
repealing Ordinance 92 -M -19 which required the installation of security camera systems, silent
alarm equipment, compliance signs, illuminated parking areas, height markers, cash management
policies, and windows with clear and unobstructed views; providing for robbery prevention and
awareness training; and which created an advisory board; and providing severability, and an
effective date. (J. Bierschwale/M. Harris) First Reading.
The following was read into record:
ORDINANCE NO. 12 -M -23
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
REPEALING ORDINANCE NO. 92 -M -19; ' REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING
AN EFFECTIVE DATE; AND OTHER MATTERS IN CONNECTION THEREWITH.
Mayor Pro-Tern Antuna recognized Interim Police Chief Harris who stated that action repeals
Ordinance 92 -M -19, which required the installation of security camera systems, silent alarm
equipment, compliance signs, illuminated parking areas, height markers, cash management
policies, and windows with clear and unobstructed views; providing for robbery prevention and
awareness training; and which created an advisory board. Over the years, the ordinance has
become outdated and unnecessary because most retail establishments provide a variety of
security systems at their discretion. It is the recommendation of Interim Police Chief Michael
Harris that Ordinance No. 92 -M -19 be repealed. Staff recommends approval of first reading of
Ordinance No. 12 -M -23.
City Management, Staff and Council discussed this item in length and agreed that more
information was needed in order for them to take action on this item. Council took no action
3. Ordinance No. 12 -D -27 - Consideration and/or action approving an ordinance by the City
Council of the City of Schertz, Texas providing that the Code of Ordinances of the City of
Schertz, Texas be amended by revising section 86 -38 establishing a "No Passing Zone" on
Country Club Blvd; and providing an effective date. (B. James/L. Busch) First Reading
The following was read into record:
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ORDINANCE NO. 12-D-27
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ,
TEXAS BE AMENDED BY REVISING SECTION 86 -38 NO- PASSING ZONES IN
THE CITY OF SCHERTZ; AND PROVIDING AN EFFECTIVE DATE.
Mayor Pro -Tern Antuna recognized City Engineer Larry Busch who stated that action amends
the City Code of Ordinances Section 86 -38 establishing a "No Passing Zone" on the entire
length of Country Club Blvd, which runs from the 1H 35 frontage road to Scenic Links.
Residents in the area had raised a safety concern over passing along this road which has extra
uA ide lanes, lack of signage, and has insufficient roadway markings. At the August 2, 2012,
meeting, TSAC reviewed and concurred with staffs recommendation that the roadway be
designated as a no passing zone, and provide appropriate signage and striping to include left
turn lanes where a median does not exist. Estimated Fiscal Impact of $630 will come from the
Public Works- Streets department FY 2012 -13 adopted budget. Staff recommends approval
of First Reading of Ordinance No. 12 -D -27.
Mayor Pro -Tem Antuna recognized Councilmember Carpenter who moved, seconded by
Councilmember Fowler to approve Ordinance No. 12 -D -27 first reading. The vote was
unanimous with Mayor Pro -Tem Antuna, Councilmemhers Fowler, Scagliola, and
Carpenter voting yes and no one voting no. Motion carriert
4. Resolution No. 12 -R -81 - Consideration and/or action approving a resolution by the City
Council of the City of Schertz, Texas supporting the amendment of the Cibolo Creek Municipal
Authority's Boundaries by the 83rd Texas Legislature, and other matters in connection therewith.
(J. Bierschwale/L. Busch)
The following was read into record:
RESOLUTION NO. 12 -R -81
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCI ERTZ, TEXAS
SUPPORTING THE AMENDMENT OF THE CIBOLO CREEK MUNICIPAL
AUTHORITY'S BOUNDARIES BY THE 83rd TEXAS LEGISLATURE, AND OTHER
MATTERS IN CONNECTION THEREWITH
Mayor Pro -Tem Antuna recognized Executive Director John Bierschwalc and Engineer Larry
Busch who stated that action approves a resolution supporting the enlargement of the Cibolo
Creek Municipal Authority's (CCMA) boundaries by the State Legislature. This amendment
would include areas in the City's corporate limits and ETJ in which the City currently provides
or plans to provide retail sewer services to support the residential and commercial growth,
particularly in the southern Schertz area.
CCMA is also proposing to amend its boundaries to areas outside of the City of Schertz's
corporate limits and ETJ to include parts of Cibolo and Cibolo's ETJ. If approved by the
Legislature, CCMA will have the authority to operate a facility which covers the Woman
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Hollering Creek watershed; it will also approve certification of areas that are also served by
New Braunfels Utilities and Green Valley Special Utility District. Staff recommends
approval,
Mayor Pro -Tem Antuna recognized Councilmember Carpenter who moved, seconded by
Councilmember Fowler to approve Resolution No. 12 -R -81. The vote was unanimous with
Mayor Pro -Tem Antuna, Councilmembers Fowler, Scagliola, and Carpenter voting yes and
no one voting no. Motion carriers.
5. Resolution No. 12 -R -82 — Consideration and/or action approving a resolution by the City
Council of the City of Schertz, Texas authorizing a professional services agreement with Ford
Engineering, Inc., relating to engineering and design for the reconstruction of Lazy Oak Drive
and construction of a sidewalk on Circle Oak Drive, and other matters in connection therewith.
(B. James/L. Busch)
The following was read into record:
RESOLUTION NO. 12 -R -82
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH FORD
ENGINEERING, INC. RELATING TO ENGINEERING AND DESIGN FOR THE
RECONSTRUCTION OF LAZY OAK DRIVE AND THE CONSTRUCTION OF A
SIDEWALK ON CIRCLE OAK DRIVE, AND OTHER MATTERS IN CONNECTION
THEREWITH
Mayor Pro -Tem Antuna recognized City Engineer Larry Busch who stated that action approves
a resolution authorizing a professional services agreement with Ford Engineering, Inc., relating
to the engineering and design for re- construction of Lazy Oak Drive and the construction of a
sidewalk on Circle Oak Drive. It is planned for the majority of the construction to be
performed by the Public Works Department with a contractor providing work for curbs and
sidewalks.
Funding fi-om this project will come out of 2006 Street Bonds:
Engineering $21,560
Construction 191,979
TOTAL $213,539
Staff recommends approval.
Mayor Pro -Tem Antuna recognized Councilmember Scagliola who moved, seconded by
Councilmember Fowler to approve Resolution No. 12 -R -82. The vote was unanimous with
Mayor Pro -Tem Antuna, Councilmembers Fowler, Scagliola, and Carpenter voting yes and
no one voting no. Motion carried.
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6. Resolution No. 12 -R -83 - Consideration and/or action approving a third agreement regarding
Sewer Facilities with the Schertz - Cibolo- Universal City Independent School District, Croton
Properties, LLC, and Fred Development, LLC (B. James/K. Tapley)
The following was read into record:
RESOLUTION NO. 12 -R -83
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A THIRD AGREEMENT REGARDING SEWER FACILITIES WITH
SCHERTZ- CIBOLO-- UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT,
CROTON PROPERTIES, LLC, AND FRED DEVELOPMENT, LLC, AND OTHER
MATTERS IN CONNECTION THEREWITH
Mayor Pro -Tem Antuna recognized Executive Director Brian James and City Attorney
Katherine Tapley who stated that action approves a resolution authorizing a third amendment
to the Agreement regarding sewer facilities with Schertz- Cibolo - Universal City Independent
School District, Croton Properties, LLC, and Fred Development, LLC. This sewer facility, a
lift station, is generally located at FM 1518 between Schaeffer Road and Ware Seguin Road,
and services Ray Corbett Middle School. This lift station directs water to the existing CCMA
facility. This change in the agreement will facilitate the enlargement of the lift station to
service any potential developments in the area. As part of this agreement, future revenue of
approximately $300,000 will go to fiend the expansion.
In the long -term, customers using this lift station and other temporary facilities in the area (i.e.
Sedona) will be serviced by the future new sewer facility near Woman Hollering Creek and I-
10. Staff recommends approval.
Mayor Pro-Tern Antuna recognized Councilmember Scagliola who moved, seconded by
Councilmember Fowler to approve Resolution No. 12 -R -83. The vote was unanimous with
Mayor Pro -Tem Antuna, Councilmemhers Fowler, Scagliola, and Carpenter voting yes and
no one voting no. Motion carried:
Mayor Pro-Tem. Antuna recognized City Secretary Brenda Dennis who recapped the votes from
agenda items 1 through 6.
Executive Session
Mayor Pro- Tem Antuna recessed into Executive Session at 7.34 p.m.
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,
Iease, or value of real property, or real estate;
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Section 551.074 Deliberation regarding personnel matters, duties, employment, and evaluation
of certain public officials and employees;
Section 551.087 Texas Government Code — Deliberation regarding Economic Development
Negotiations.
Councilmember Edwards arrived at 7;48 p.m.
Reconvene into Re ular Session
Mayor Pro -Tem Antuna reconvened into Regular Session at 8:43 p.m.
7. Take any action deemed necessary as a result of the Executive Session.
No action taken.
Requests and Announcements
8. Requests by Mayor Pro -Tern and Councilmembers that items be placed on a future City
Council agenda.
No requests for items.
9. Requests by Mayor Pro -Tem and Councilmembers to City Manager and Staff for information.
Mayor Pro -Tem Antuna recognized Councilmember Scagliola who asked when the striping on
Westchester Drive would be completed, and will they be moving the "No Parking" signs? Mr.
Kessel stated that staff would provide him an update.
Mayor Pro =Tem Antuna moved to announcements by City Manager.
11. Announcements by City Manager
Mayor Pro -Tem Antuna recognized City Manager John Kessel who stated he is pleased to see
that the Chamber of Commerce is having a golf tournament at the NorthCliffe Golf Course.
He stated when he first arrived NorthCliffe Golf Course was on the worry list; it was one of the
number one items on their strategic plans of things to solve. He is pleased to say that it looks
like the "Emerald Island ". It is beautiful and he hopes that everyone who likes golf chooses to
go- participate in the Chambers Golf 'Tournament. There are only seven teams left to sign up.
The event will take place Friday, October 19''. Mr. Kessel also stated that on Friday, October
12, 2012, the Hal Baldwin Scholarship Tournament is scheduled at Olympia Golf Course.
Mr. Kessel stated today he attended the State of the District Annual meeting with TxDOT in
San Antonio. The TxDOT Executive Director from Austin was the speaker. Mr. Kessel
indicated the speaker was very insightful, very business savvy. TxDOT will be going to a
more dynamic model than we have seen in the past. Mr. Kessel stated that he has a lot of
confidence in the TxDOT team.
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TxDOT continues to be underfunded. Transportation as a big picture continues to be
something the City needs to be aware of and find other funding strategies. Statistics reports
that the San Antonio District, which includes Schertz, has had a 54% increase in population in
the last ten years and 11% increase in roadway capacity. This just doesn't work. It is more
crowded. and we anticipate more growth. TxDOT is encouraging communities to provide
matching funds to complete projects. They are encouraging communities to look at
partnerships and creative financing in assisting with leveraging TxDOT dollars. The Highway
Safety Systems drive economic development.
10. Announcements by Mayor Pro -Tem and Councilmembers
Mayor Pro -Tem Antuna recognized Councilmember Fowler who stated he attended the
following:
• Tuesday, September 11, 2012, GNR Tire Ribbon Cutting
• Sunday, September 16, 2012, River City Community Church Ribbon Cutting
• Tuesday, September 18, 2012, Schertz Chamber of Commerce luncheon
Mayor Pro -Tem Antuna recognized Councilmember Scagliola who stated he attended the
following:
a Tuesday, September 11, 2012, GNR Tire Ribbon Cutting
• Thursday, September 13, 2012, SCOC after hours mixer hosted by DeVoir Fitness
Studio
• Friday, September 14, 2012, groundbreaking Children's Lighthouse Learning Center
• Tuesday, September 18, 2012, Schertz Chamber of Commerce luncheon
Mayor Pro -Tem Antuna stated that he met Mr. Phil Wilson, Executive Director of TxDOT, and he will
bring much needed leadership to the organization. L
Mayor Pro -Tem Antuna stated that today Guadalupe County Commissioners Court passed a resolution
supporting the creation of a Metropolitan Planning Organization (MPO) for Guadalupe and Corral
Counties. New Braunfels is now part of MSA of San Antonio. In order for them to be a part of this,
they will need to receive special permission from the Governor. We will see if the Governor will sign
off on this. The bottom line is there are two different counties and one MPO.
Adjournment
As there was no further business, the meeting was adjourned at 8:
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ge tuna
da Bennis TI MC, MMC, CPM, City Secretary
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