07-23-2013 MinutesMINUTES
REGULAR MEETING
July 23, 2013
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on July 23,
2013, at 6:OD 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 David Scagliola
Councilmember Sydney Verinder
Councilmember Jim Fowler
Councilmember George Antuna
Staff Present:
Executive Director David Harris
Executive Director Brian James
City. Attorney Katherine Tapley
Deputy City Secretary Donna Schmoekel
Mayor Pro-Tem Cedric Edwards was absent.
CALL TO ORDER:
City Manager Jahn Kessel
Executive Director Jahn Bierschwale
Chief of Staff Bob Cantu
City Secretary Brenda Dennis
Mayor Carpenter called the Regular Meeting to order at 6:01 p.m,
INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED
STATES AND THE STATE OF TEXAS.
Pastor Gerald "Jerry" Goodridge -Bracken United Methodist Church gave the invocation followed
by the Pledges of Allegiance to the Flags of the United States and the State of Texas.
Presentations
• Wilenchik Walk for Life Award Presentations (J. BierschwalelM. Spence)
Mayor Carpenter recognized Executive Duector of Operations John Bierschwale and Events
Coordinator Mary Spence who came forward stating that this evening the City is presenting
their contribution to the Cancer and Therapy Research Center (CTRC) from the proceeds of
the 5th Annual Wilenchik Walk that took place on March 2, 2013. Mrs. Spence introduced
Dr. Steve Weitman, Director of CTRC's Institute for Drug Development, and Mrs. Val
Wilenchik. Mrs. Spence thanked HEB for again for being a major sponsor of the event.
Mayor Carpenter, Executive Duector John Bierschwale, and Events Coordinator Mary
Spence. presented a check in the amount of $16,2D4,16. Dr, Weitman and Mrs, Wilenchik
thanked the City for their continued support.
City Events and Announcements
+ Announcements of upcoming City Events (D. Harris/J. Bierschwale/B. James}
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Mayor Carpenter recognized Executive Director of Support David Harris who announced the
following upcoming events:
• Wednesday, July 24Th
SCOC After-Hours Miter -Bella Vista Homes 5732 Cypress Point, 5:30-7:00 pm
• Thursday, July 25`h
Crossvine Groundbreaking Ceremony, 10:00 to 11;00 am on Schneby Drive.
Schertz first mixed-use master-planned community, breakfast provided, Mr. Kessel and
Mayor Carpenter will be speaking.
• Saturda Jul 27Th
Honoring aLegacy-Hal anal Barbara Baldwin
6:00- 8:00 pm. Grumpy's Mexican Cafe~for a celebration and remembrance event to raise
funds to erect a plaque and three flag poles at the complex to honor Mayor Baldwin.
• Announcements and recognitions by City Manager (J. Kessel)
Mayor Carpenter recognized City Manager John Kessel who stated that Council is aware that
Executive Director of Support David Harris has taken on some additional roles and
responsibilities over the last few months. Mr. Kessel stated he wanted to highlight some of
the fruits of his labor. He stated that the City recently received notice from Bexar County
Department of Community Resources that some funding for ADA Access for Parks, Paths
and Amenities in Pickrell Park has been approved at the Commissioners Court level, far a
small amount of $61, $84. These funds would be a tremendous asset toward our parks. He
attributes this primarily to the efforts and outreach which Mr. Harris has made with that
group. Mr. Kessel stated he wanted highlight some of the contributions staff does and value
when individuals are doing what they are good at, and what comes back to us and how it
impacts our community.
Mayor Carpenter moved to the Hearing of Residents section of the agenda.
Hearing of Residents:
This time is set aside for any person who wishes to address the City Council. Each person should f Il
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 rerrtarks 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 specif c
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 offacer, during the
Hearing of Residents portion of the agenda, will tali on those persons who have signed up to speak
in the order they have registered. ~
Mayor Carpenter recognized the following who spoke:
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Mr. Robert Brockman, 1000 Elbel, who asked about the Ware Seguin Road and Lower
Seguin Road agenda item that was pulled from last week's agenda. Executive Director of
Development Brian James stated that it is not on the agenda, as they are waiting for
additional information before bringing back to Council.
Workshop
• Discussion and/or action regarding the City Council Rules of Procedure, Code of Conduct,
and City Charter {Mayor and Council)
Mayor Carpenter stated that last time he believed it came down to a single item that the
Council potentially wanted to add for clarification, on what constitutes giving direction.
Mayor Carpenter recognized Councilmember Fowler who stated that he and Council had
received an email from Mayor Pro-Tem Edwards requesting that this item be tabled until all
voting Council was present to allow all members to make comments. Mayor and Council
concurred.
No action taken.
Mayor Carpenter recognized Councilmember Fowler who requested that agenda item 4 be removed
far separate action.
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 and/or action regarding the approval of the minutes of the Regular
Meeting of July 16, 2013. {J. KesselB. Dennis)
2. Ordinance 13-5-24 - ZC2013-008 -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. Final
Reading {B. JameslM. Sanchez)
The following was read into record:
ORDINANCE NO. 13-S-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
3. Resolution No. 13-R-56 -Consideration and/or action approving a Resolution approving the
Bexar Metro 911 FY 2013-14 Budget. {J. Bierschwale/D. Wait)
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The following was read into record:
RESOLUTION NO. 13-R-56
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING THE APPROVAL OF THE BEXAR METRO 9ll BUDGET FOR
FISCAL YEAR 2014, AND OTHER MATTERS IN CONNECTION THEREWITH
Mayor Carpenter recognized Councilmember Fowler, who moved, seconded by
Councilmember Scagliola, to approve the consent agenda items 1 through 3. The vote was
unanimous with Councilmembers Fowler, Scagliola, Antuna, and Yerinder voting yes and
no one voting no. Mayor Pra-Tem Edwards was absent. Motion Carried.
Discussion and Action Items
4. Resolution No. 13-R-59 -Consideration and/or action approving a Resolution authorizing a
Permanent Easement for constructing, operating, maintaining, and repairing a detentionltreated
effluent holding pond and a Temporary Construction Easement for the purposes of facilitating
the construction of a storm drainage line with Schertz 1518, LTD, A Texas Limited
Partnership, and other matters in connection therewith. (B. James/L. Busch)
The fallowing was read into record:
RESOLUTION NO. 13-R-59
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A PERMANENT EASEMENT FOR CONSTRUCTING,
OPERATING, MAINTAINING, AND REPAIltiNG A DETENTION/TREATED
EFFLUENT HOLDING POND AND A TEMPORARY CONSTRUCTION EASEMENT
FOR THE PURPOSES OF FACILITATING THE CONSTRUCTION OF A STORM
DRAINAGE LINE WITH SCHERTZ ].518, LTD, A TEXAS LIMITED PARTNERSHIP,
AND OTHER MATTERS IN CONNECTION THEREWITH
Mayor Carpenter recognized Councilxnexnber Fowler who requested additional information
on the storm drainage. Executive Dixector of Development Brian James stated that the
Crossvine Development had dedicated property to the City, but as they have moved forward
with the project they discovered they needed some storm drainage easements. Mr. James
also addressed Councilmember Fowler's questions regarding the detention pond.
Mayor Carpenter recognized Councilmember Scagliola, who moved, seconded by
Councilmember Antuna, to approve Resolution No. 13-R-59. The vote was unanimous with
Councitrnembers Fowler, Scagliola, Antuna, and Verinder voting yes and no one voting
no. Mayor Pro-Tem Edwards was absent Motion Carrier
5. Appointment of the Mayor Pro-Tem -Consideration and/or action appointing the Mayor
Pro-Tem for the term of August 1, 2013 through February 1, 2014. (B. DennislCouncil)
Mayor Carpenter introduced this item and then recognized City Secretary Brenda Dennis ~
who stated that action requested of Council is to discuss and with a majority vote, nominate
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and vote on the appointment of the Councilmember to serve as the Mayor Pro-Tem for the
City. Based on the approved and adopted City Council Rules of procedure, the next qualified
Councilmember would be Councilmember Jim Fowler. The City Council will nominate and
vote on'the next Mayor Pro-Tem, with a term of August 1, 2013 through February 1, 2014.
Swearing in of the Mayor Pro-Tem will be held on August 6, 2013.
Mayor Carpenter recognized Councilmember Scagliola, who moved, seconded by
Councilmember Verinder, to appoint Councilmember Jim Fowler as Mayor Pro-Tem for the
term of August 1, 2013 through February 1, 2014. The vote was 3-1-0 with Councilmembers
Scagliola, Antuna, and Yerinder voting yes, Councilmember Fowler abstaining, and no
one voting no. Mayor Pro-Tem Edwards was absent Motion Carried.
6. Ordinance No. 13-F-26 -Consideration and/or action approving an Ordinance amending the
Gity's Drought Contingency Ordinance by amending section VII definitions under commercial
and industrial use to include commercial car wash and laundry facilities and other business
activities and adding subsection J under non-essential .water use to include the use of water in
single-pass cooling system connections and non-recirculation systems for new commercial and
industrial uses establishing penalties for the violation of and provisions for enforcement of
these restrictions; establishing procedures for granting variances; and providing a severability
and an effective date. First Reading (J. Bierschwale/J. Hooks)
Mayor Carpenter stated that this item had been pulled at the request of staff. No action
taken.
Roll Call Vote Conf rmation
Mayor Carpenter recognized City Secretary Brenda Dennis who recapped the votes for the agenda
items 1 through 5.
Requests and Announcements
7. Announcements by City Mauager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
No further announcements provided.
S. Requests by Mayor and Councilmembers that items be placed on a future City Council
agenda.
No items requested.
9. Requests by Mayor and Councilmembers to City Manager and Staff for information.
No information requested at this time.
10. Announcements by Mayor and Councilmembers
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• 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 Fowler who stated he attended the Thursday,
July 18, 2013 - (Cibalo) Wal-Mart Open House, held at the Schertz Civic Center.
Mayor Carpenter recognized Councilmember Antuna who stated that yesterday he attended
the monthly San Antonio - Bexar County Metropolitan Planning Origination (NIl'O)
meeting.
Mayor Carpenter recognized Councilmember Verinder who stated that an Wednesday, July
17, 2013, he attended the Alamo Area Council of Governments, Greater Bexar County
Council of Cities meeting.
Mayor Carpenter stated he had attended the following events:
* Thursday, July .11, 2013 -Northeast Partnership meeting
• 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 meeting
• Wednesday, July 17, 2013 -Alamo Area Council of Governments, Greater Bexar
County Council of Cities meeting.
• Thursday, July 18, 2013 -Guadalupe County Mayor's Association meeting.
Mayor Carpenter recognized Councilmember Fowler who asked the Mayor to go back to item 9 as
he has a request for information. Mayor Carpenter moved backed to Agenda Item 9.
9. Requests by Mayor and Councilmembers to City Manager and Staff for information.
Mayor Carpenter recognized Councilmember Fowler who requested information from staff
regarding where the water is coming from in Laura Heights Subdivision and what position
the City is taking. Executive Director of Operations Sohn Bierschwale stated he would get
with him and go aver the project.
Mayor Carpenter recessed the regular meeting into executive session at 6:40 p.m.
Executive Session
Called under:
Section 551.071 Teas Government Code Deliberation regarding litigation, pending ar
contemplated litigation; and Consultations with the City Attorney regarding advice on legal
matters;
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Section 551.072 Texas Government Code -Deliberation regarding the purchase, exchange,
sale, lease, or value of real property, or real estate;
Section 551.074 Teacas Government- 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 Reeular Session
Mayor Carpenter reconvened into regular session at 9: OS p.m.
11. Take any action deemed necessary as a result of the Executive Session.
Mayor Carpenter recognized Councilmember Scagliola, who moved, seconded by
Councilmember Fowler, to revise the City Manager Employment Agreement to provide the
following four {4} amendments:
L Turn the contract into athree-year term;
2. Increase of $5,000 in the City Manager's annual salary;
3. Replenishment of the fund for recognizing exceptional service by employees of the City
to a balance of $5,000 at the start of each fiscal year; and
4. An amendment to the provision regarding the City's contribution to the City Manager's
457 Plan with the International City Management Association to provide that the City
will contribute up to $10,000 annually to the City Managex's 457 Plan provided that the
City Manager contributes close to the remainder of the allowable annual maximum
contribution to the plan.
Mayor Carpenter stated he considers it to be a vote of confidence by this Council that we are
renewing the City Manager's cantract. We are adjusting his compensation in a manner that
seems fit by the City Council and we are replenishing the fund we make available to the City
Manager to reward exceptional performance by members of staff. The vote was unanimous
with Councilmemhers Fowler, Scagliola, Antuna, and Yerinder voting yes, and no one
voting no. Mayor Pro-Tern Edwards was absent Motion Carrieth
Mayor Carpenter recognized City Attorney Katherine Tapley who asked that a roll call vote
confirmation be given on this item.
Roll Call Vote Confirmation
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Mayor Carpenter recognized City Secretary Brenda Dennis who recapped the votes for Agenda Item
11.
Adi ournment
As there was no further business, the meeting was adjourned at 9:10 .
Mayor, Michael R. Carpenter
ST:
r
ity ecretary, Brenda Dennis
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