12-03-2013 MinutesMINUTES
REGULAR MEETING
December 3, 2013
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on December
3, 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 Carpenter
Councilmember David Scagliola
Councilmember Cedric Edwards
Staff Present:
Executive Director David Harris
City Attorney Katherine Tapley_
City Secretary Brenda Dennis
Call to Order
Mayor Pro -Tern Jim Fowler
Councilmember Daryl John
Councilmember Matthew Duke
City Manager John Kessel
Executive Director Brian James
Chief of Staff Bob Cantu
Deputy City Secretary Donna Schmoekel
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
Mr. Ken Ratcliff provided the invocation followed by the Pledges of Allegiance to the Flags of the United
States and the State of Texas.
Mayor Carpenter recognized the following Boy Scouts from Troop 624 who were in the audience this
evening: Tyson Weatherhead, Collin Behunin, Jacob Davis, and Cameron Steadman.
City Events and Announcements
• Announcements of upcoming City Events (D. Harris /J. Bierschwale/B. James)
Mayor Carpenter recognized Executive Director of Support David Harris who provided the
following announcements and upcoming events:
- Wednesday, December 4, 2013 — 2:30 p.m. - 100th Birthday Celebration for
Ms. Elena Perales, a resident at Autumn Winds Retirement Lodge
- Thursday, December 5, 2013 — Management and Department Head Team
Building Retreat — 8:00 a.m. to 4:00 p.m. — North Center
- Friday, December 6, 2013 — City Council Team Building Retreat — 8:00 a.m.
to 4:00 p.m. — Fairfield hm & Suites — 5008 Corridor Loop Road
- Friday, December 6, 2013 — Festival of Angels — 6:00 to 10:00 p.m. — Hal
Baldwin Municipal Complex. Lighted Night Parade begins at 6:30 p.m. from
Pickrell Park. Musical entertainment provided by Schertz- Cibolo- Universal
City Independent School District bands, choirs; Sweetheart Court; Schertz
Idol; and Schertz Senior Center Choir
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Saturday, December 7, 2013 — Kris Kringle Market — 9:00 a.m. to 4:00 p.m. —
Schertz Parkway and Main Street.
• Announcements and recognitions by City Manager (J. Kessel)
Mayor Carpenter recognized City Manager John Kessel who reminded Council &
management to complete their evaluations for the upcoming Team Building retreat at the
Fairfield Inn this coming Friday. He also extended appreciation for a job well done to
Brenda Dennis, David Harris, and Katherine Tapley, and others in their assistance on the
recent Election recount. Mr. Kessel thanked Human Resources Director Josh Smith for
setting up the leadership retreats they will be participating in this month.
Mayor Carpenter expressed his appreciation for the time volunteered by former
councilmember and Schertz resident, Earl Hartzog, who served as a neutral appointee for the
City and participated in the recent District Court- Ordered Comal County Election Recount.
Presentations
• Presentation and update from the Schertz Sweetheart Court (D. Harris/M. Spence)
Mayor Carpenter recognized the Schertz Sweetheart Court: Katie Gibbons (Miss Schertz),
Cindy Fischer (Miss Jubilee), and Ariel Villarreal (Miss Friendly City), who provided
information on all the recent festivals and community service events they have attended.
Mayor Carpenter recognized Events Coordinator Mary Spence who provided information on
the upcoming events for this Friday, December 6 and 7, 2013; Festival of Angels and the
Kris Kringle Market.
• Presentation/discussion and possible action regarding Landmark Property Designations (B.
James/D. Weirtz)
Mayor Carpenter recognized Executive Director of Development Brian James and Chair of
the Historical Preservation Committee Dean Weirtz who presented the following properties
for consideration of being a Landmark Property or Heritage Neighborhood Designation:
0 104 Church Street - Landmark Property Designation
0 509 Main Street (Plaza Bldg.) - Landmark Property Designation
0 511 Main Street (Schertz State Bank) - Landmark Property Designation
0 6565 FM 482 (Kneupper Store)- Landmark Property Designation
Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Mayor Pro-
Tern Fowler, to approve the four properties presented this evening as Landmark Property
Designations. The vote was unanimous with Mayor Pro -Tent Fowler, Councilmembers
Scagliola, John, Edwards and Duke voting yes and no one voting no. Motion Carrie
• Presentation and update on the City of Schertz Drainage. (J. Bierschwale /S. Willoughby)
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Mayor Carpenter recognized Assistant Public Works Director Jimmy Hooks and Engineer In
Training, Larry Busch Jr. who gave a presentation on the 2013 Drainage Division answering
questions from Council.
Presentation and update regarding the City of Schertz Street Bond Projects Q. Bierschwale/L.
Busch)
Mayor Carpenter recognized Engineer -In- Training Larry Busch who gave a presentation on
the City of Schertz street bond projects answering questions from Council. Mayor and
Council thanked Mr. Hooks and Mr. Busch for the thorough presentation and gave kudos to a
job well done.
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 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.
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 who spoke:
Mr. Robert Brockman, 1000 Elbel Road, asked if some signs would now be provided in our
City to let drivers know that the use of engine brakes along the streets and highways adjacent
to the residential areas is prohibited. Executive Director of Support David Harris replied that
this information has been given to Public Works and signs would be forthcoming soon. He
also wanted to advise Council that in regard to Agenda Items 4, 5, and 6, it is his
understanding that state law dictates that if you don't cast at least one vote for each appraisal
district candidate, if you ever have to replace the elected person you won't get a chance to
vote during the second election.
• Ms. Maggie Titterington, Schertz Chamber President, who spoke regarding the success of the
chamber luncheon held today and commented about the increased amount of money they
were able to donate to the DECA recipients, as well as fundraiser money that was raised for
the Schertz Animal Services adoption trailer. She also gave an update on her recent
conversations with TXDOT regarding the construction project on FM 3009 and IH 35.
Mr. Bert Crawford, 4100 Brook Hollow Drive, who thanked the city employees and City
attorney, Katherine Tapley who all assisted in the recent election recount.
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Workshop
• Discussion and consideration and/or action regarding Council Liaison positions on the
various City boards and commissions. (Mayor Carpenter /Council)
• ASA Commuter Rail District Board - Lone Star - effective Jan. 1, 2014
• Audit Committee
• Investment Committee
• Randolph Joint Land Use Study (JULUS) Executive Committee
Mayor Carpenter stated that from time to time Council takes the opportunity to reevaluate
their roles and assignments on the various City Council liaison assignments within the City.
Mayor Carpenter stated that with Councilmember John and Councilmember Duke recently
being elected, Council will need to discuss the vacancies and assign Council liaisons.
Mayor and Council discussed the vacancies and it was agreed on the following assignments:
• Councilmember Edwards: ASA Commuter Rail District Board
• Councilmember Duke: Audit Committee & Investment Committee
• Mayor Pro -Tern Fowler: Randolph Joint Land Use Study (JULUS)
Mayor Carpenter recognized Councilmember Scagliola who moved, seconded by Mayor Pro-
Tern Fowler, to approve the assignments as noted. The vote was unanimous with Mayor
Pro -Tem Fowler, Councilmembers Scagliola, John, Edwards and Duke voting yes and no
one voting no. Motion Carried.
Consent Agenda Items
1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular
Meeting of November 18, 2013. (J. Kessel/B. Dennis)
2. Ordinance No. 13 -T -57 - Consideration and/or action approving an Ordinance authorizing a
budget adjustment in the amount of $135,086 from the Water Construction funds for the
relocation of the 16 -inch high pressure reuse waterline owned and operated by the Cibolo
Creek Municipal Authority that is located in the future planned extension of Live Oak Road
to the new 25 -foot easement owned by Cibolo Creek Municipal Authority; repealing all
Ordinances or Parts of Ordinances in conflict with the Ordinance; and providing an effective
date. Final Reading (J. Bierschwale /J. Hooks)
The following was read into record:
F11 N 11-1 C"" ISIA01-19*06M
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A BUDGET ADJUSTMENT IN THE AMOUNT OF $135,086 FROM
THE WATER CONSTRUCTION FUNDS FOR THE RELOCATION OF THE 16-
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INCH HIGH PRESSURE REUSE WATERLINE OWNED AND OPERATED BY THE
CIBOLO CREEK MUNICIPAL AUTHORITY THAT IS LOCATED IN THE
FUTURE PLANNED EXTENSION OF LIVE OAK ROAD TO THE NEW 25 -FOOT
EASEMENT OWNED BY CIBOLO CREEK MUNICIPAL AUTHORITY;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE
3. Resolution No. 13 -R -101 — Consideration and/or action approving a Resolution authorizing
a modification to the existing 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. (J. Kessel/P. Gaudreau)
The following was read into record:
RESOLUTION NO. 13 -R -101
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A MODIFICATION TO THE EXISTING 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 Mayor Pro -Tem Fowler, who moved, seconded by
Councilmember Edwards, to approve consent agenda items 1, 2, and 3. The vote was
unanimous with Mayor Pro -Tem Fowler, Councilmembers Scagliola, John, Edwards and
Duke voting yes and no one voting no. Motion Carried.
Discussion and Action Items
4. Resolution No. 13 -R -102 — Consideration and/or action approving Resolution casting votes
to elect Directors for the Guadalupe County Appraisal District for the 2014 -2015 Tenn.
(Mayor /Council)
The following was read into record:
RESOLUTION NO. 13 -R -102
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
CASTING VOTES TO ELECT DIRECTORS FOR THE GUADALUPE COUNTY
APPRAISAL DISTRICT FOR THE 2014 -2015 TERM.
Mayor Carpenter recognized Executive Director of Support David Harris who introduced this
item stating that that each taxing unit is entitled to vote on members to the Guadalupe
Appraisal District Board of Directors. The City of Schertz has 339 votes to cast. Mr. Harris
stated that Schertz - Cibolo - Universal City ISD has cast 1,000 votes for Mr. Wilson, a trustee
at the District, and 472 votes for Dr. Gilerease. He stated that Guadalupe County has cast all
of its 957 votes for Tax Assessor - Collector Tavie Murphy. A total of 5,000 votes are
allocated amongst the 21 jurisdictions. Mr. Harris stated that one possible option is for
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Council to cast their 339 votes toward the above candidates as follows: 68 votes each for
Dunn, Gilcrease, Hogue, and Murphy and 67 votes for Wilson.
Mayor and Council discussed the need to have more information on the candidates and
requested staff to contact the Appraisal Districts. City Secretary Brenda Dennis and
Executive Director David Harris stated that they will get with the Appraisal Districts to see if
more information on the candidates could be obtained and possibly get their biographies.
Council took no action at this time, pending more information.
5. Resolution No. 13 -R -103 — Consideration and/or action approving Resolution casting votes
to elect Directors for the Bexar County Appraisal District for the 2014 -2015 Term.
(Mayor /Council)
The following was read into record:
RESOLUTION NO. 13 -R -103
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS CASTING VOTES TO ELECT DIRECTORS FOR THE BE' XAR
COUNTY APPRAISAL DISTRICT FOR THE 2014 -2015 TERM.
No action taken.
6. Resolution No. 13 -R -104 — Consideration and/or action approving Resolution casting votes
to elect Directors for the Comal County Appraisal District for the 2014 -2015 Term.
(Mayor /Council)
The following was read into record:
1N=11_ili1111WRLIM(39tal ,
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
CASTING VOTES TO ELECT DIRECTORS FOR THE COMAL COUNTY
APPRAISAL DISTRICT FOR THE 2014 -2015 TERM
No action taken.
7. Ordinance No. 13 -S -58 — Conduct a public hearing and consideration and/or action approving
an Ordinance amending the Code of Ordinances, Unified Development Code (UDC) Section
PH 21.4.9 Designation of Landmark Properties, Heritage Neighborhoods providing a Reversionary
Clause; providing a Repealing Clause; providing a Severability Clause; providing a Penalty
Clause; and providing an effective date. First Reading (B. James/B. James)
The following was read into record:
ORDINANCE NO. 13 -5 -58
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE
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(UDC) SECTION 21.4.9 DESIGNATION OF LANDMARK PROPERTIES, HERITAGE
NEIGHBORHOODS PROVIDING A REVERSIONARY CLAUSE; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE
Mayor Carpenter recognized Executive Director of Development Brian James who
introduced this item answering questions from Council. Mr. James stated that the proposed
amendment involves changes to Section 21.4.9 Designation of Historic Landmarks, Creation
of Historic Districts and Certificates of Appropriateness. The City Council has been
designating Historic Landmarks based on the recommendation of the Schertz Historical
Preservation Committee for some time. The program was intended to recognize structures
important the community's past, but was not intended to trigger any additional regulations.
Chapter 442 of the Government Code /Section 315.006 of the Texas Local Government Code
does impose additional regulations on structures and properties designated as historic by a
local government. This was not the intent of the City of Schertz designation.
As such, it is recommended that the UDC be amended to alter the`title of the designation to
landmark property with the stipulation that the property is not to be considered a "historic
structure or property" per section 315 of the Texas Local Government Code.
In anticipation of Council consideration of this item after the Planning and Zoning
Commission recommended approval of the amendment on September 11, staff noticed this
item for consideration by City Council on October 15 where the item was tabled to allow the
Schertz Historic Preservation Committee to review the item on October 24. Staff
recommends approval.
Mayor Carpenter opened the public hearing and recognized Mr. Dean Weirtz, 4301
Monument Pass who spoke in opposition of this ordinance. Mr. Wehrtz stated that this is not
the Ordinance which the Commission bad submitted. As no one else spoke, Mayor
Carpenter closed the public hearing. Mayor Carpenter took comments from Council.
Mayor Carpenter recognized Councilmembers Edwards and Scagliola who addressed
questions to staff regarding Mr. Weirtz concerns. Councilmember Edwards and Scagliola
expressed their concerns of creating a Historical Overlay District and how it could impact the
owner due to the regulations imposed on structures and properties designated as historic by a
local government.
Mayor Carpenter recognized City Attorney Katherine Tapley who stated that for
clarification, this ordinance is not addressing an overlay district issue tonight and that you are
voting on a change to Section 21.4.9 Designation of Historic Landmarks, Creation of Historic
Districts and Certificates of Appropriateness only.
As Council continued to discuss this item, it was recognized that a future agenda item needed
added to address the issue of creating a Historic Overlay District. It was also recommended
to have the Councihnembers get with staff and the Historical Preservation Committee and
discuss this issue before placing it on a future agenda.
Mayor Carpenter recognized Councilmember Edwards who moved, seconded by
Councilmember Scagliola to approve Ordinance No. 13 -S -58 first reading. The vote was
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unanimous with Mayor Pro -Tern Fowler, Councilmembers Scagliola, John, Edwards and
Duke voting yes and no one voting no. Motion Carrier.
Executive Session
Mayor Carpenter recessed the regular meeting into executive session at 7:23 p.m.
Called under Section 551.087 Texas Government Code — Deliberation regarding Economic
Development Negotiations.
Reconvene into Regular Session
Mayor Carpenter reconvened the meeting at 8:40 p.m., and moved to Agenda Item 8.
Resolution No. 13 -R -100 — Consideration and/or action approving a Resolution authorizing
a First Amendment to the Development Agreement with Caterpillar, Inc., and other matters
in connection therewith. (J. Kcssel/D. Gwin)
The following was read into record:
RESOLUTION NO. 13 -R -100
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
(CATERPILLAR INC.), AND OTHER MATTERS IN CONNECTION THEREWITH
Mayor Carpenter recognized Economic Development Director David Gwin who introduced
this item stating that in 2010, the City of Schertz ( "City "), the Schertz Economic
Development Corporation ( "SEDC ") and Caterpillar Inc. ( "Caterpillar ") entered into a tax
incentive agreement ( "Agreement "). Under the Agreement, Caterpillar could receive up to a
75% ad valorem tax reimbursement on the personal property taxes paid each year for each
phase of the Caterpillar development for eight years. The incentive is reduced according to
the schedule in Section 5(b) of the Agreement if less personal property is invested at the
Caterpillar development.
Mr. Gwin stated during the 2013 annual certification process, Caterpillar met all of the
requirements as outlined in the Agreement; however, Caterpillar reported only $19,449,711
in personal property which resulted in a 0% ad valorem reimbursement for year one of Phase
1 according to Section 5(b) of the Agreement.
He stated the First Amendment to Development Agreement (The "Amendment") has been
created to allow Caterpillar to realize all or part of the year one Phase 1 incentive in year two
of Phase 1 by adding the personal property value above $25,000,000 to the year one Phase I
reported value.
Action requested of Council approves the First Amendment to Development Agreement
(Caterpillar, Inc.) enabling Caterpillar to earn the year one of Phase 1 Incentive in year two
of Phase 1.
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Fiscal Impact: The potential incentive for year one of Phase 1 is currently being held by the
City in reserve. If earned, it will be awarded based on the schedule as outlined in Section
5(b) of the Agreement. Under that methodology, the appropriate percentage will be applied
to the value of personal property ad valorem taxes paid to the City and could result in the
following reimbursement:
• 75% = $72,921.83
• 50% = $48,614.55
• 25% = $24,307.28
Schertz Economic Development Corporation held a meeting on July 25, 2013 to consider the
proposed First Amendment and voted unanimously to approve. Staff recommends approval.
Mayor Carpenter recognized Councilmember Scagliola who moved, seconded by Mayor Pro
-
Tern Fowler, to approve Resolution 13 -R -100. The vote was unanimous with Mayor Pro -
Tem Fowler, Councilmembers Scagliola, John, Edwards and Duke voting yes and no one
voting no. Motion Carried,
Executive Session
Mayor Carpenter recessed the regular meeting into back into executive session at 8:50 p.m.
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 Government Code - Deliberation regarding personnel matters, policies,
duties, employment, and evaluation of certain public officials and employees;
Section 551.087 Texas Government Code — Deliberation regarding Economic Development
Negotiations.
Mayor Carpenter reconvened the meeting at 9:25 p.m., and moved to the Workshop Item.
• Discussion and consideration and/or action regarding City Boards, Commissions and
Committees Roles and Responsibilities. (Mayor Carpenter /Council)
No action.
Roll Call Vote Confirmation
Mayor Carpenter recognized Deputy City Secretary Donna Schmoekel who recapped the votes of
items 1 through 8.
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Requests and Announcements
0
10
11.
12.
Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
No items requested.
Requests by Mayor and Councilmembers that items be placed on a future City Council
agenda.
Mayor Carpenter requested a discussion be scheduled for sometime in January 2014 to
potentially consider honoring our past Mayors as they made some noteworthy achievements
during their tenure.
Requests by Mayor and Councilmembers to City Manager and Staff for information.
Mayor Carpenter recognized Mayor Pro -Tem Fowler who requested that the
Councilmembers being assigned to new committees tonight be provided some
information and contact names before attending their first meeting. The respective
assignments are:
• Councilmember Edwards: ASA Commuter Rail District Board
• Councilmember Duke: Audit Committee & Investment Committee
• Mayor Pro -Tem Fowler: Randolph Joint Land Use Study (JULUS)
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 Fowler who stated he attended the following:
• Friday, November 22, 2013 — Fashion Affair Clothing Boutique Ribbon Cutting —
6051 FM 3009 — across the street from Wal -Mart.
• Tuesday, December 3, Schertz Chamber Luncheon
Mayor Carpenter recognized Councilmember Scagliola who stated he attended the following:
• Tuesday, December 3, 2013 - Schertz Chamber Luncheon
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Mayor Carpenter stated he and Chamber President Maggie Titterington will be attending a
meeting with Representative Farias to gain his support in pushing TxDOT along towards
completing the I -35 and FM 3009 road construction project. There will also be a meeting at
2:00 p.m. Thursday, December 5, 2013 with Guadalupe County Commissioners Cope and
Wolverton, Maggie Titterington and the contractor. If anyone else wants to attend they are
welcome to come.
13. Take any action deemed necessary as a result of the Executive Session.
No action taken.
Adiournment
As there was no further business, the meeting was adjourned at .
M yor, N tchael R. Carpenter
ATT-ES-
C1ty-Secretary, Brenda ennis
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