06-25-2013 MinutesMINUTES
REGULAR MEETING
June 25, 2013
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on June 25,
2013, at 6:00 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
Councilmember Jim Fowler
Councilmember George Antuna
Staff Present:
Executive Director Brian James
City Attorney Katherine Tapley
CALL TO ORDER:
Mayor Pro -Tem Cedric Edwards
Councilmember David Scagliola
Councilmember Sydney Verinder
Executive Director John Bierschwale
Chief of Staff Bob Cantu
City Secretary Brenda Dennis
Mayor Carpenter called the Regular Meeting to order at 6:00 p.m.
INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED
STATES AND THE STATE OF TEXAS.
Pastor John Bowling with Community Bible Church gave the invocation followed by the Pledges of
Allegiance to the Flags of the United States and the State of Texas.
Presentations
• Presentation and update regarding the Playscape Cameras. (B. James/P. Gaudreau)
Mayor Carpenter recognized Owner's Representative Phil Gaudreau and IT Director Myles
Clauser who provided a brief presentation regarding the planning process and placement of
the Playscape Cameras. Mr. Clauser provided a live demonstration of the capabilities of the
cameras.
Mayor Carpenter recognized Boy Scout Travis Frasier with Troop 343 who was in the audience this
evening working on his Citizenship in the Community merit badge.
City Events and Announcements
• Announcements of upcoming City Events (D. Harris /J. Bierschwale/B. James)
Mayor Carpenter recognized Executive Director of Development Brian James who announced
the following upcoming events:
• Friday, June 28, 2013 — Hog Wild 2013 — Free Continuing Education Seminar for Elected &
Appointed Officials & Government Employees, 8:30 a.m. to 3:45 p.m., New Braunfels Civic
Center.
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• Monda y, July 1 2013 — Emergency Management Table Top Exercise, 10:00 a.m. to Noon —
Schertz Civic Center, Bluebonnet Hall,
• Tuesda y, Jul y_2, 2013 — _Regular City Council meeting - CANCELLED
• Tuesday, July 2 2013 - United ,States Air Force Band of the West will be playing at 7:00
p.m. at the Schertz Civic Center.
• _ y, .ursday, July P, and July 4th — 38th Annual Jubilee Celebration —
Wednesda and Th e
Visit Schertz.com for detailed information. There will be a race before the parade on the 4th
benefiting Veterans Memorial Plaza.
• Friday, July 12 2013 — Texas Municipal League Region 7 Dinner, 6:00 p.m, in Leon Valley,
more details will follow. If interested in attending please contact the City Secretary.
• Monday, July 15,2013 — Police Department as arranged for Mr. James T. Reese, PhD., to
come speak about Ethics Based Leadership and Achieving Success without Stress. The event
will be held at the Schertz Civic Center from 8:30 a.m. to 4:00 p.m.
Final announcement, Mr. James introduced our newest employee in the Information Technology
Department, Kevin Bean, Mr. James provided a brief bio on Kevin.
• Announcements and recognitions by City Manager
No announcements provided.
Workshop
• Discussion and direction regarding an exclusive franchise contract with Bexar Waste. (J.
Bierschwale/K. Tapley)
Mayor Carpenter recognized Executive Director of Operations John Bierschwale who
provided the following potential pitfalls with an exclusive franchise:
• Although bidding is not required, if the City does not go out for a bid, it may give an
incentive for other providers to sue the City.
• There is less flexibility,
• If the provider is technically satisfying the requirements of the franchise agreement
and the customer services decrease, the City is stuck with that one provider for
services.
s If the City goes out for a competitive bid now for an exclusive franchise and another
company has better terms than Bexar Waste, the City cannot automatically enter into
an exclusive franchise agreement with that other company because the City has
already entered into a non - exclusive agreement with Bexar Waste.
Mr. Bierschwale and City Attorney Katherine Tapley also presented the following benefits of
a non - exclusive franchise:
• It is up to City Council to decide whether or not to entertain other requests for
franchise agreements. Although there is not an exclusive franchise agreement in
place, a decision not to enter into other franchise agreements has the same effect as
having an exclusive agreement,
• There is more flexibility.
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• There is more of an incentive for the provider to continue to provide excellent
services (in excess of what is required by the franchise agreement) to provide an
incentive to the City not to enter into any other franchise agreements.
Mayor Pro -Tem Edwards, Councilmembers Antuna, and Verinder stated that they wanted to
see an exclusive contract brought forward. Councilmembers Fowler and Scagliola voiced
their concerns regarding entering into an exclusive contract. Council further discussed items
such as, terms of the contract, adding a buy -out clause, and terms for emergency clean ups.
Mayor Carpenter stated that he would like the Council to visit with Mr. Bierschwale and
Henry Gutierrez of Bexar Waste to see if an exclusive contract would be beneficial to both
parties. Staff will come back in three weeks and provide the updated information.
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 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
he 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 citizens who spoke:
Ms. Clare Layton, 12231 Lost Meadows Drive, who spoke on the public images of the City.
Mr. Johnie McDow, 3640 Prairie Lane, who provided updates regarding the events of the
Buffalo Valley Youth Association.
Mr. Jake Jacobs, 3500 Hamilton Place, who presented the Mayor with a check in the amount
of $2,865.74 and personal checks in the amount $446,00 for a total of $3, 311.74 payable to
the American Red Cross from the proceeds of the recent Schertz Community wide rummage
sale, bake sale and raffle auction benefiting the families in Moore Oklahoma, which was
spearheaded by Ms. Sherry Sharp.
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 June 18, 2013. (J. KesseI/B, Dennis)
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2. Ordinance No. 13 -T -18 — Consideration and/or action approving an Ordinance authorizing a
budget adjustment to transfer personnel budget funds from the Engineering Department to
the Information Technologies Department; repealing all Ordinances or parts of Ordinances in
conflict with this Ordinance; and providing an effective date. Final Reading (B. James/M,
Clauser)
ORDINANCE NO. 13 -T -18
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A BUDGET ADJUSTMENT TO TRANSFER PERSONNEL
BUDGET FUNDS FROM ENGINEERING DEPT TO THE INFORMATION
TECHNOLOGIES DEPARTMENT; REPEALING ALL ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING
AN EFFECTIVE DATE
Mayor Carpenter recognized Mayor Pro -Tem Edwards, who moved, seconded by
Councilmember Antuna, to approve the consent agenda items 1 and 2. The vote was
unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Scagliola, Antuna
and Verinder voting yes and no one voting no. Motion Carried.
Discussion and Action Items
3. ZC2013-008 — Conduct a public hearing, upon a request for a proposed street name change
of Enterprise Avenue to Schertz Parkway from the intersection of IH 35 frontage road
extending north to the intersection of Lookout Road. (B. James/M. Sanchez)
Mayor Carpenter recognized Development Services Director Michelle Sanchez who
introduced this item stating the City of Schertz has requested that the street name of
Enterprise Avenue be changed to Schertz Parkway from the north side of IH 3 5 beginning at
the intersection of the 11135 frontage road and extending north to the intersection of Lookout
Road.
Affected property owners were notified on May 31, 2013. The Planning and Zoning
Commission held a public hearing and considered the street name change on June 12, 2013
and made a recommendation for approval. The Selma Planning and Zoning Commission will
consider the request at their meeting on June 24, 2013 and at the Selma City Council meeting
of July 11, 2013. Although this request was originally scheduled to be presented to the
Schertz City Council for a public hearing and consideration on June 25, 2013, it was decided
to postpone the City Council hearing until July 16, 2013 so that the City Council can be
aware of the outcome of the City of Selma's determination.
Property owners have been re- notified of the City Council meeting scheduled for July 16,
2013.
Mayor Carpenter opened the public hearing and as no one spoke, closed the public hearing.
Mayor Carpenter stated that the City will hear this item again on July 16, 2013. No action
taken.
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4. ZC2013 -009 - Conduct a public hearing, upon a request for a proposed street name change of
Lookout Road to Old Selma Road from the intersection of Enterprise Avenue extending east
to the intersection of Tri- County Parkway. (B. James/M. Sanchez)
Mayor Carpenter recognized Development Services Director Michelle Sanchez who
introduced this item stating that the City of Schertz has requested that the street name of
Lookout Road located on the north side of IH 35 beginning at the intersection of Enterprise
Avenue extending east to the Intersection of Tri - County Parkway be changed to Old Selma
Road.
Affected property owners were notified on May 31, 2013. The Planning and Zoning
Commission held a public hearing and considered the street name change on June 12, 2013
and tabled the request. The Selma Planning and Zoning Commission will consider the
request at their meeting of June 24, 2013 and at the Selma City Council meeting of July 11,
2013. Although this request was originally scheduled to be presented to the Schertz City
Council for a public hearing and consideration on June 25, 2013, it was decided to postpone
the City Council hearing until July 16, 2013 so that the City Council can be aware of the
outcome of the City of Selma's determination. Property owners have been re- notified of the
City Council meeting scheduled for July 16, 2013.
Staff recommends postponing the public hearing until July 16, 2013.
Mayor Carpenter opened the public hearing and recognized the following who spoke:
• Mr. Robert Brockman, 1000 Elbel, who asked how many notices were sent out and
how many responses received.
• Mr. Grumpy Azzoz, 528 Wayward Pass, who spoke against the name change.
• Mr. David Richmond, Planning and Zoning Chair who provided his con -rents
regarding the Planning & Zoning Commissions decision to postponed action.
As no one else spoke, Mayor Carpenter closed the public hearing. Mayor Carpenter stated
that the City will hear this item again on July 16, 2013. No action taken,
Resolution No. 13 -R -50 — Consideration and/or action approving a Resolution authorizing a
construction contract with D. Wilson Construction Company for the construction of three (3)
Baseball Fields. (B. James/P, Gaudreau)
The following was read into record:
RESOLUTION NO. 13 -R -50
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING THE CONSTRUCTION CONTRACT FOR THE CONSTRUCTION
OF THREE BASEBALL FIELDS, AN EQUIPMENT STORAGE BUILDING AND
ASSOCIATED SUPPORT SYSTEMS AND OTHER MATTERS IN CONNECTION
THEREWITH
Mayor Carpenter recognized Owner's Representative Phil Gaudreau who stated that action
requested of Council is to authorize the City Manager to execute the construction contract
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for the construction of three (3) baseball fields, an equipment storage building and
associated support systems with D. Wilson Construction Company in the amount not to
exceed $1,500,000. Funds are available out of the 2010 bond package. Staff recommends
approval.
Mayor Carpenter recognized Councilinember Scagliola, who moved, seconded by
Councilmember Fowler, to approve Resolution No. 13 -R -50. The vote was unanimous with
Mayor Pro -Tem Edwards, Councilmembers Fowler, Scagliola, Antuna and Yerinder
voting yes and no one voting no. Motion carried.
6. Resolution No. 13 -R -51 — Consideration and/or action approving a Resolution authorizing a
construction contract with Alpha Building Corporation for the renovation of the existing
Soccer Fields and construction of a new Concession Building and Parking lots and associated
support systems for the Soccer Fields. (B. James/P. Gaudreau)
The following was read into record:
RESOLUTION NO. 13 -11-51
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING THE CONSTRUCTION CONTRACT FOR THE RENOVATION
OF THE EXISTING SOCCER FIELDS AND CONSTRUCTION OF A NEW
CONCESSION BUILDING AND PARKING LOTS AND ASSOCIATED SUPPORT
SYSTEMS AND OTHER MATTERS IN CONNECTION THEREWITH
Mayor Carpenter recognized Owner's Representative Phil Gaudreau who stated action
requested of Council is to authorize the City Manager to execute the construction contract for
the renovation of the existing soccer fields and construction of a new concession building and
parking lots and associated support systems with Alpha Building Corporation for the amount
not to exceed $3,539,037. Funds are available out of the 2010 bond package. Staff
recommends approval.
Mayor Carpenter recognized C6uncilmember Fowler, who moved, seconded by
Councilmember Scagliola, to approve Resolution No. 13 -R -51. The vote was unanimous
with Mayor Pro -Tem Edwards, Councilmembers Fowler, Scagliola, Antuna and Yerinder
voting yes and no one voting no. Motion Carried.
7. Ordinance No. 13 -T -19 — Consideration and/or action approving an Ordinance authorizing a
budget adjustment to recognize an additional transfer from the CPS C1ED Fund for an
electrical upgrade project off Pfeil Road; repealing all ordinances or parts of ordinances in
conflict with this ordinance; and providing an effective date. First Reading (J.
Bierschwale/B. James)
The following was read into record:
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ORDINANCE NO. 13-T -19
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A BUDGET ADJUSTMENT TO RECOGNIZE AN ADDITIONAL
TRANSER FROM THE CPS CIED FUND FOR AN ELECTRICAL UPGRADE
PROJECT OFF PFEIL ROAD; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN
EFFECTIVE DATE
Mayor Carpenter recognized Executive Director of Development Brian James who
introduced this item stating that a request has been made by CPS Energy to fund the cost to
replace a section of old wood poles with steel poles on a project off of Graytown Road at a
cost of $13,232.65. Since the cost of steel poles is roughly double that of wooden poles, CPS
is asking Schertz to fund this cost difference. In the past, this cost would have been
potentially covered by the former CPS CEID Fund, which has since been dissolved and
excess funds disbursed to suburban cities, including Schertz.
Schertz has received a payout of $264,330 and now has an estimated balance of $105,727
following a payment to Capital Group for a rebate of property taxes in FY 2012 -13 of
$158,603. Sufficient funds exist in this fund to cover this request.
Mr. James stated that this action will further the efforts of the City to utilize steel utility poles
instead of wooden poles to provide for a potentially longer lifespan and is more aesthetically
pleasing than wood.
Action requested of Council is to approve a budget adjustment transfer of $13,300 from CPS
CEID fund reserves to a budgeted line item for payment of the utility upgrade based on the
request from CPS Energy. Staff recommends approval.
Mayor Carpenter recognized Mayor Pro -Tem Edwards, who moved, seconded by
Councilmember Scaglioia, to approve Ordinance No. 13 -T -19 first reading. The vote was
unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Scagliola, Antuna
and Verinder voting yes and no one voting no. Motion Carried.
Roll Call Vote Confirmation
Mayor Carpenter recognized City Secretary Brenda Dennis who recapped the votes for the agenda
items 1 through 7.
Requests and Announcements
S. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
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Mayor Carpenter recognized Executive Director of Operations John Bierschwale who
reminded Council of the upcoming 4t' of July Celebration Events.
Mr. Bierschwale also asked for everyone's thoughts and prayers as he has received word that
Pat Lindner, Attorney for the Schertz Seguin Local Government Corporation lost his son in a
car accident.
9. Requests by Mayor and Councilmembers that items be placed on a future City Council
agenda.
No items requested.
10. Requests by Mayor and Councilmembers to City Manager and Staff for information.
No information requested.
11. 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 -Tern Edwards who stated that he had attended an
All Sports Booster Club meeting at the Library and publically thanked Gail Douglas and her
staff for their assistance.
Mayor Pro -Tern Edwards also publically thanked Ms. Sherry Sharp for organizing the fund
raising event for the victims of Moore Oklahoma and also thanked the staff at the Civic
Center for hosting the event.
Mayor Carpenter recognized Councilmember Scagliola who stated he attended the following
events:
• Thursday, June 20, 2013, After Hours Mixer, hosted by Hands N Harmony Wellness
Center & Spa, Main street
• Last week conducted interviews.for the Deputy City Secretary position.
Mayor Carpenter recognized Councilmember Antuna who expressed his condolences to the
Lindner Family on their loss.
Councilmember Antuna stated that this week he attended the Schertz- Seguin Local
Government Corporation meeting.
Executive Session
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