07-16-2013 MinutesNIINUTES
REGULAR MEETING
July 16, 2013
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on July 16,
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 Sydney Verinder
Staff Present:
Executive Director David Harris
Chief of Staff Bob Cantu
City Secretary Brenda Dennis
Councihnember George Antuna was absent.
CALL TO ORDER:
Mayor Pro-Tem Cedric Edwards
Councilmember David Scagliola
City Manager John Kessel
Executive Director Brian James
City Attorney Katherine Tapley
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 Cory Webb with Everyday Christian Fellowship Church gave the invocation followed by the
Pledges of Allegiance to the Flags of the United States and the State of Texas.
Ci Events and Announcements
• Announcements of upcoming City Events (D. Harris/J. BierschwaleB. James)
Mayor Carpenter recognized Executive Director of Support David Harris who announced the
following upcoming events:
• Thursd Jul I8 2013
(Cibolo} Wal-Mart Open House from 7:00 PM to 8:30 PM at the Schertz Civic Center.
Contact Gibolo City Secretary for more information. 566-6111.
Guadalupe County Mayors' Association-6:30 PM (includes Mayors of Schertz, Cibolo,
Seguin, New Berlin, Santa Clara, Selma, Marion and Staples to be held in the Schertz
Council Chambers.
• Frrday, July 19, 2013
TCMA Region S Monthly Luncheon- 10:00 AM to 2;00 PM
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Groundbreaking for the Crossvine-Schertz 1"irst mixed-use master-planned community
located on Schneby Drive from 10:00 AM to 11:00 AM. Breakfast provided, Mr. Kessel and
Mayor Carpenter speaking.
The Ethics-Based Leadership and Achieving Success without Stress Seminar (which was
previously scheduled for Monday, July 15, 2013) with James Reese had been postponed until
further notice.
• Announcements and recognitions by City Manager {J. Kessel)
Mayor Carpenter recognized City Manager John Kessel who gave kudos to the Finance
Department as they have been working on the upcoming budget.
Mayor Carpenter recognized Guadalupe Commissioner Jim Wolverton who was in the audience this
evening.
Mayor Carpenter also recognized City Secretary Brenda Dennis who introduced the new Deputy
City Secretary Donna Schmoekel.
Mayor Carpenter moved to the Aquatic Center workshop item.
Workshop
• Discussion and update regarding the Aquatic Center (J. KesselB. James)
Mayor Carpenter recognized Executive Director of Development Brian James who provided
information on the status of the Aquatic Center. Some of the highlighted points were:
• Design
• Equipment
• Parking
• Conflict waiver Agreement
• YMCA and Schertz Cibolo Universal City Independent School District discussions
Mayor moved to the hearing of residents' portion of the agenda as many who signed up this
evening wanted to speak regarding the Aquatic center.
Hearing of Residents:
This time is set aside for any person who wishes to address the City Council. Each person should fall
out the speaker's register prfor 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.
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Discussion vy 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 existingpolicy in response to an
inquiry, and/or a proposal to place the item an 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:
• Mr. Will Wright, 17200 IH 35 North, Schertz, who introduced himself and introduced the
new Local Community Newspaper.
• Ms. Lisa Connolly and Ms. Val Wilenchik, Schertz Humane Society, came forward and
presented the Ci#y with certificates and t-shirts in appreciation for hosting the recent Doggie
Dash event.
• Mr. Johnie McDow, with the Buffalo Valley Youth Association (BVYA) who provided an
update on the BVYA upcoming events. He also spoke on support of the Sting Ray Swim
Team and their events. He spoke on the importance of keeping the pool at Pickrell Park open
Mr. McDow addressed concerns with the parking at the proposed Aquatic Center. He
addressed~concerns with having to be a member of the YMCA to swim in the new pool.
• Mr. Grumpy Azzoz, 528 Wayward Pass, Schertz, who applauded Mr. James for the
transparency on the status of the Aquatic Center. He also spoke on the need to revisit the
current cost as well as revisit operating costs. He stated he would Like Schertz to be a magnet
and build the best pool. He also addressed concerns of having to be a member of the YMCA
should the YMCA run the pool facility.
Mayor Carpenter recognized the following who spoke regarding the Aquatic Center, the need for
a competition swimming pool with the appropriate equipment and seating requirements, and
concerns regarding YMCA ~-uruung the Aquatic Center and possibly having to be a member of
the YMCA to swim in the pool.
• Ms. Kathryn Hubbard, 205 Scott, Universal Gity.
• Mr. Kerry Eberhard, 3560 Piedmont, Schertz.
• Ms. Meredith Hernandez, 116 Saddle Trail, Cibolo.
• Mr. Txay Erwin, 995 Oak Ridge, Schertz.
• Mr. Mark Lambert, Converse.
• Mr. Rip Woodard, 218 Daly Cove, Cibolo.
• Ms. Yolanda Suarez, 380$ Broughton, Schertz.
• Ms. Noel Hilliard, 13932 IH 10 E, Converse.
• Ms. Jasmine Brown, 405 Brown Creek, Schertz
• Ms. Karen Deethman, 913 Beck Street, Schertz
• Ms. Sophie Borrero, 409 Circle Star, Schertz
Mayor Carpenter moved back to the Workshop discussion item on the Aquatic Center
Workshop
• Discussion and update regarding the Aquatic Centex (J. Kessel/B. James)
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Mayor Carpenter recognized Executive Director of Planning Brian James, who addressed
citizen and council questions. Mayor Carpenter suggested that those in attendance go back
into the Council conference room and allow Mr. James to fiuther address citizen concerns.
Mayor Carpenter also proposed that a special session outside this meeting to be held with
staff and all stakeholders be set up in the future.
Mayor Carpenter moved to the Consent Agenda Items.
Consent A enda 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 andlor action regarding the approval of the minutes of the Regular
Meeting of July 9, 2013. (J. KessellB. Dennis}
2. Resolution No. 13-R-52 -Consideration and/or action approving a Resolution authorizing
EMS Debt Revenue Adjustments for inactive outstanding accounts receivables after 184 days
of non payment and other matters in connection therewith. {J. Bierschwale/D. Wait}
The following was read into record:
RESOLUTION N0.13-R 52
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING EMS DEBT REVENUE ADJUSTMENTS FOR INACTIVE
OUTSTANDING ACCOUNTS RECEIVABLES AFTER 180 DAYS OF NON
PAYMENT AND OTHER MATTERS IN CONNECTION THEREWITH
3. Resolution No. 13-R-54 -Consideration and/or action approving a Resalution authorizing
Utility Billing Debt Revenue Adjustments for inactive outstanding accaunts receivables after
180 days of non payment and other matters in connection therewith. (J. Bierschwale/C.
Spence)
The following was read into record:
RESOLUTION NO. 13-R-54
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING UTILITY BILLING DEBT REVENUE ADJUSTMENTS FOR
INACTIVE OUTSTANDING ACCOUNTS RECEIVABLES AFTER 180 DAYS OF
NON PAYMENT AND OTHER MATTERS IN CONNECTION THEREWITH
4. Ordinance No. 13-5-20 - ZC2013-006 -Consideration and/or action upon a request to
rezone approximately 2.668+/- acres of land from General Business District (GB) to
Planned Development District (PDD). The property is more specifically described as Lot 6,
Block 1, of the Hubertus Retail Subdivision as recorded in Document #200806006465, plat
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records, Comal County, Schertz, Texas generally located at the southwest corner of FM
1103 and IH 35. Final Reading (B. James/M. Sanchez)
The following was read into record:
ORDINANCE N0.13-5-20
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE OFFICIAL ZONING MAP ORDINANCE NO. 11-S-IS BY
REZONING APPROXIMATELY 2.6681 ACRES OF LAND FROM GENERAL
BUSINESS DISTRICT (GB) TO PLANNED DEVELOPMENT DISTRICT (PDD),
LOT 6, BLOCK 1, HUBERTUS RETAIL SUBDIVISION, CITY OF SCHERTZ,
COMAL COUNTY, TEXAS, GENERALLY LOCATED ON THE SOUTHWEST
CORNER OF FM 1103 AND IH 35; AND OTHER MATTERS IN CONNECTION
THEREWITH AND PROVIDING AN EFFECTIVE DATE.
5. Ordinance No. 13-5-21 -Consideration and/or action approving an Ordinance amending the
Comprehensive Land Plan associated with the North and South Schertz Sector Plan; and the
Historic Downtown Schertz PIan (Gateway Plan), and other matters in connection therewith.
Final reading (B. James/M. Sanchez)
The following was read into record:
ORDINANCE N0.13-5-21
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE COMPREHENSIVE LAND USE PLAN AND OTHER MATTERS
IN CONNECTION THEREWITH
6. Ordinance No. 13-5-22 -Consideration and/or action approving an Ordinance amending
the Unified Development Code (CTDC) associated with the North and South Schertz Sector
Plan; and the Historic Downtown Schertz Plan (Gateway Plan), and othex matters in
connection therewith. Final reading (B. James/M. Sanchez)
The following was read into record:
ORDINANCE NO. 13-5-22
AMENDING THE UNIFIED DEVELOPMENT CODE OF THE CITY OF
SCHERTZ, TEXAS; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN
EFFECTTVE DATE
7. Ordinance No. i3-T-23 -Consideration and/or action approving an Ordinance authorizing
a budget adjustment from the Aviation Heights Phase 5 Waterline Project to the Maske
Road Waterline Project, repealing all Ordinances or parts of Ordinances in conflict with this
ordinance; and providing an effective date. Final Reading (J. Biexschwale/J. Hooks)
The following was read into record:
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ORDINANCE NO. 13-T-23
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A BUDGET ADJUSTMENT FROM THE AVIATION HEIGHTS
PHASE 5 WATERLINE PROJECT TO THE MASKS ROAD WATERLINE
PROJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE -DATE
Mayor Carpenter recognized Mayor Pra-Tem Edwards, who moved, seconded by
Councilmember Verinder, to consent agenda items 1 through 7. The vote was unanimous
with Mayor Pro-Tem Edwards, Councilmembers Fowler, Scagliola, and Verinder voting
yes and no one voting no. CouncilmemberAntuna was absent Motion Carried.
Mayor Carpenter moved hack to the workshop items.
Woxkshoa
• Discussion and passible action regarding Steel Utility Poles and consideration of an Electric
Utility Franchise Fee to fund Electric System Upgrades for Development and Economic
Development Projects (D. Harris/D. Harris}
Mayor Carpenter recognized Executive Director of Support David Harris who introduced this
item stating that until last fall, CPS Energy provided cities within its territory with CEID
funds (Community infrastructure and Economic Development) set aside in their budget for
City-desired work related to electric system upgrades to benefit economic development or
beautification. Through the years, Schertz utilized these funds to change over wood pales to
steel poles as well as provide electric system upgrades for new development. Recent projects
that have received funding from CEID include projects in Crescent Bend Nature Park,
Caterpillar, Capital Group Data Center, Tesoro Data Center, and Pfeil Road utility pole
upgrades. Funding for the program was 1% of the gross receipts received within the Ciry.
Since the program ended a year ago at the request of the Greater Bexar County Council of
Cities and several suburban cities (and not Schertz}, CPS has paid out the account balances to
the respective cities. Schertz has received a payout of $264,330 and now has an estimated
balance of $92,427 following a payment to Capital Group for a rebate of property taxes in
FY 2012-13 of $158,603 and $13,300 far Pfeil Road utility pole upgrades.
A few years back, Schertz amended the UDC to require electric providers to install steel poles
instead of wooden poles in any new extension or replacement of poles; the code also allows the
utility to request a waiver to a project from the City Manager. At that time, cast fox steel and
wood poles was about the same. Since then, CPS Energy says the cost of steel poles has risen
to twice the cost of wood poles. CPS Energy says their cost for self-funded projects such as
line extensions and pole replacement has been based on the wood pole cost. They do not have
the funds allocated for the cost difference between steel and wood,
Recently, a request was made by CPS to-fund the cost to replace a section of old wood poles
to steel poles on a project off of Pfeil Road costing $13,232.b5. In the past, this cost would
have been covered by the former CPS CEID Fund But now that this fund has gone away,
CPS is requesting the City come up with these funds to pay for the cast difference. To this
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writer's knowledge, NBU and GVEC have not expressed concern about the cost increase and
have not sought additional funding from Schertz,
As more development occurs in the CPS system in Schertz, we will be confronted with this
dilemma again. Does the City wish to continue with steel poles? If so, a funding source will
need to be identified. The cost for this will be significant.
Other suburban cities have expressed interest in re-creating something akin to the CEID Fund
by charging an additional 1% fee on top of the existing franchise fee of 3% to fund CEID
type projects. Schertz has three electric utility providers, CPS Energy, NBU, and GVEC.
Does the City want to pursue this option and amend just one or all three agreements for
CEID type programs?
Mr. Harris went over the proposed options:
A. The City can continue the same policy requiring steel poles. In the future, CPS Energy
will request the City or the developer make up the cast difference between steel and wood
poles. The City will need to identify a fund to fulfill this request.
B. The City can discontinue the steel pole policy, allowing utility companies to install
which ever pole they can fluid.
C. The City can renegotiate franchise agreements with CPS, GVEC, and/or NBU to charge
rate payers an additional 1 % to fund electric system upgrades related to development or
economic development, the funding which would be returned to the City in a specially-
designatedfund for these projects.
Mayor and Council discussed this item in length providing their comments. It was the
consensus of Council to bring this item back in a month to allow staff the opportunity to come
up with creative ways to come up with the funding. Council concurred.
• Discussion regarding the City Council Rules of Procedure and the City Charter (Mayor and
Council)
Mayor Carpenter recognized Councilmember Fowler who stated he asked this item be placed
on the agenda to have an understanding of what Council can do as far as being able to go to
Department heads and asking for information. He wanted clarification on the limitations of
Council's ability to ask for information. He sees their might be a conflict with what the City
Charter states in Section 4.10 Inquiry Powers - "The City Council shall have the authority to
inquire into the affairs of the City and the conduct of any City department, office ox agency".
Mayor and Council discussed the reference in the charter but also referenced Article 13 -
Council and Staff Relations section of the Council Rules of Procedure. Mayor Pro-Tem
Edwards and Cauncilmember Verinder stated that in the Rules of Procedure they do not see an
issue.
Mayor Carpenter recognized City Manager Jahn Kessel who stated that since he has been City
Manager he has encouraged the Council to visit with the Department Heads. He stated it is a
real value far the Council to see their operations on a day to day basis. Mr. Kessel stated that if
a Councihnember requested information he would share it with the entire Council. Mayor and
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Council further discussed this issue and asked that this item be brought back in two weeks for
further discussion and action, and as requested further define "inquiry," Council concurred.
Discussion and Action Items
8. Resolution No. 13-R-55 -Consideration andlor action approving a Resolution authorizing a
contract with D&D Construction relating to the reconstruction of Ware Seguin Road and
Lower Seguin Road and authorizing the budget estimates for both projects and other matters
in connection therewith. (J. BierschwalelL. Busch)
Mayor Carpenter stated that this item had been pulled at the request of staff. No action
taken.
9. Ordinance 13-5-24 - ZC2013-008 -Continue the public hearing and consideration and/or
action approving an Ordinance for the 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. First Reading (B. JameslM. Sanchez)
The following was read into record:
ORDINANCE NO. 13-5-24
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
TO CHANGE THE STREET NAME OF ENTERPRISE AVENUE TO SCHERTZ
PARKWAY AND OTHER MATTERS IN CONNECTION THEREWITH
Mayor Carpenter Devclopment Services Director Michelle Sanchez who introduced this item
stating that the City of Schertz has requested that the street name of Enterprise Avenue be
changed to Schertz Parkway beginning at the intersection of IH 35 frontage road and extending
north 3,600+ feet to the intersection of Lookout Road. She stated the goal is to change the
street name of Enterprise Avenue to Schertz Parkway from the north side of IH 35 beginning at
the intersection of the IH 3 5 frontage road and extending north to the intersection of Lookout
Road. Staff recommends approval of first reading of Ordinance 13-5-24.
The Planning and Zoning Commission considered the request and made a recommendation.
of approval to change Enterprise Avenue to Schertz Parkway. Because Enterprise Avenue is
entirely. located within the Schertz City Limits, there is no need for an Interlocal Agreement
with the City of Selma and are not going to consider the proposal to change Enterprise
Avenue, as per the Selma City Attorney. Staff recommends approval.
Mayor Carpenter opened the public hearing and recognized Ms. Michele Haussmaun, 10003
N. W. Military, San Antonio who spoke in favor of this; item. As no one else spoke, Mayor
Carpenter closed the public hearing.
Mayor Carpcnter recognized Councilmember Verinder, who moved, seconded by
Councilrnember Scagliola, to approve Ordinance No. 13-5-24 first reading, The vote was
unanimous with Mayor Pro-Tem Edwards, Councilmembers Fowler, Scagliola, and
Yerinder voting yes and no one voting no. Councilmember Antuna was absent. Motion
Carried.
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RoII Call Vote Conf rmation
Mayor Carpenter recognized City Secretary Brenda Dennis who recapped the votes for the agenda
items 1 through 7 and item 9.
Mayor Carpenter recessed the regular meeting into executive session at 9:00 p.m.
Executive Session
Called under:
Section 551.071 Texas Government Code Deliberation regarding litigation, pending or
contemplated litigation; and Consultations with the City Attorney regarding advice on legal
matters;
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 Gavernment Code -Deliberation regarding personnel matters, policies,
duties, employment, and evaluation of certain public officials and employees;
Section 551.074 Texas Government Code -Deliberation regarding personnel matters and the
appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City
Manager. .
Section 551.074 Texas Government Code -Deliberation regarding personnel matters and the
appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City
Attorney.
Section 551.087 Texas Government Code -Deliberation regarding Economic Development
Negotiations.
Reconvene into Re lar Session
Mayor Carpenter reconvened into regular session at 10:25 p.m,
14. Take any action deemed necessary as a result of the Executive Session.
Council took no action.
Mayor moved to the requests and announcements section of the agenda,
Requests and Announcements
10. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
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• New Departmental initiatives
No fiu~ther announcement were given.
11. Requests by Mayor and Councilmembers that items be placed on a future City Council
agenda.
Mayor and Council requested that the Rules of Procedures be brought back in two weeks to
look at Article 13 of the Council Rules of Procedure.
13. Requests by Mayor and Councilmembers to City Manager and Staff for information.
No infarmation requested.
14. 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 Councilmember Scagliola who stated he attended the following
events:
• Friday, July 12, 2013 -Texas Municipal League Region 7 Dinner
• Tuesday, July I Ib, 2013 -Schertz Chamber of Commerce Luncheon
Mayor Carpenter recognized Councilmember Verinder who stated he attended the following
events:
• Friday, July 12, 2013 -Texas Municipal League Region 7 Dinner
• Monday, July 15, 2013 -YMCA Community First event
• Tuesday, July 16, 2013 -Schertz Chamber of Commerce Luncheon
Adioururuent
As there was no further business, the meeting was adjourned at .10: 28
Mayor, Michael R Carpenter
ST:
' Secretary, Brenda Dennis
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