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01-07-2014 MinutesMINUTES REGULAR MEETING January 7, 2014 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on January 7, 2014, 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 Matthew Duke Staff Present: Executive Director David Harris Executive Director Brian James City Attorney Kathryn Tapley City Secretary Brenda Dennis Councilmember Cedric Edwards was absent. Call to Order Mayor Pro -Tern Jim Fowler Councilmember Daryl John City Manager John Kessel Executive Director John Bierschwale Chief of Staff Bob Cantu City Attorney Charles Zech Deputy City Secretary Donna Schmoekel Mayor Carpenter called the Regular Meeting to order at 6:02 p.m. Invocation and Pledges of Allegiance to The Flags of The United States and The State of Texas Pastor Cory Webb, Everyday Christian Fellowship Church, provided the invocation followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. 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: • Thursday, January 9, 2014 — Northeast Partnership Meeting — 11:30 a.m. Olympia Hills Golf and Conference Center • Monday, January 13, 2014 - Northcliffe Waterline Upgrade Project Community Meeting — 6:00 p.m. — Community Center North • Tuesday, January 14, 2014 — Council and Management photos — 5:30 p.m. City Council Group Photos — City Council Chambers • Saturday, January 18, 2014 Selma - Schertz 5K Run, proceeds benefit Operation Comfort — Race starts at 9:00 a.m, from the Bluebonnet Palace. Mayor Carpenter and Mayor Daly to arrive at 8:30 a.m. Point of Contact is Director of Parks and Recreation George Logan at phone number 619 -1851. 1 -7 -2014 Minutes Page - i - Mr. Harris stated that the January issue of the Schertz Magazine has been mailed out which included the A -Z Guide. He stated that the publication erroneously reflects the 2013 calendar of events and that a revision will be coming out soon. Mayor Carpenter stated that on Thursday, January 23, 2014, the Guadalupe County Mayors Association will meet at 5:00 p.m. to tour the new Justice Center in Seguin, Texas. • Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who presented a City Manager Excellence Coin to outgoing City Attorney Katherine Tapley for her dedicated service to the City, and especially for her work in representing the City during the Comal County Elections, recount, during the Amazon.com and Crossvine Subdivision negotiations. Mayor Carpenter recognized City Attorney Katherine Tapley who then expressed her appreciation to the Mayor, Council & Staff for the opportunity she was given to serve as City Attorney. Presentations Presentation and update on the City of Schertz Street Bond Projects (B. James/K. Woodlee/L. Busch) Mayor Carpenter recognized City Engineer Kathryn Woodlee and Engineer -In- Training Larry Busch who provided a Power Point presentation updating the Council on the City of Schertz Street Bond Projects answering questions from Council. They provided a summary of information on the 2006 Street Bond Projects, the original list of anticipated projects, completed projects, projects currently in construction, and an estimate of the remaining fund balance, which is currently $525,000. Hearing of Residents: This time is set taside 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. A11 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, andlor 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: 1 -7 -2014 Minutes Page - 2 - • Mr. Ken Greenwald, 205 Westchester Drive, thanked City Attorney Katherine Tapley for her service to the City. Mr. Greenwald spoke regarding the need to enforce our Ordinance - regarding no fire works within the City Limits. He stated that there was enough fire works going off in the City on New Year's Eve.that you could smell the cordite anywhere you drove; he hadn't smelled that much since he was on the rifle range in 1959. He stated that if the City has an Ordinance on the books, then it needs to be enforced. • Mr. Dean Weirtz, 4301 Monument Pass, who spoke on the status of the dismissal of the partnership with the Comal County Senior Citizen Foundation and the City as requested by the Senior Center Leadership on September 17, 2013. Mayor and Council met with the seniors and acted to start the process to negotiate a separation of the City's relationship with the Foundation. As of this date the seniors have not heard about the status and outcome of the negotiations and requested that Council publish information on the status of the negotiations. Mayor Carpenter responded by saying the City is able to provide factual information at this point. He stated that the Council has not moved away from their instruction and intent to separate our relationship with the Foundation. Council gave instruction to staff to negotiate that separation but that negotiation is still not complete. The reason that we do not have much more to say about that is that negotiation is necessarily and correctly privately discussed. When it is finished, the City will be in a position to share the information. That is why, at this time, we can not share that information today. We are going to sever our relationship with the Foundation and we will complete our negotiations for that separation with all the speed that we can. Consent Agenda Items 1. Minutes - Consideration and/or action regarding the approval of the minutes of the Special Meeting of December 13, 2013, and the Regular Meeting of December 17, 2013. (J. Kessel/B. Dennis) 2. Ordinance No. 13 -11-51 - Consideration and/or action approving an Ordinance by the City Council of the City of Schertz, Texas amending the Code of Ordinances, City of Schertz Texas, Chapter 54 Nuisances; providing a penalty clause; providing a severability clause; repealing all Ordinances or parts of Ordinances in conflict with this Ordinance; and providing an effective date. Final Reading (J. Bierschwale/B. Todd) The following was read into record: ORDINANCE NO. 13-H-51 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS, CHAPTER 54, NUISANCES; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. 1 -7 -2014 Minutes Page - 3 - 3. Ordinance No. 13 -M -52 — Consideration and/or action approving an Ordinance by the City Council of the City of Schertz, Texas amending the Code of Ordinances, City of Schertz, Texas, Chapter 50, Miscellaneous Offenses and provisions by (1) repealing Article II, Insanitary, Unsightly, Etc., Conditions on private premises, (2) repealing Sections 50 -107, 50- 108, 50 -109, and 50 -110 of Article 111, Abandoned, Junked Property and Property found in violation of Ordinance, Division 2, Motor Vehicles, and (3) amending Sections 50 -105 and 50- 111 of Article III, Abandoned, Junked Property and Property found in violation of Ordinance, Division 2, Motor Vehicles; providing a severability clause; repealing all Ordinances or parts of Ordinances in conflict with this Ordinance; and providing an effective date. Final Reading (J. Bierschwale/B. Todd/K. Tapley) The following was read into record: ORDINANCE NO. 13 -M -52 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS, CHAPTER 50, MISCELLANEOUS OFFENSES AND PROVISIONS BY (1) REPEALING ARTICLE H, INSANITARY, UNSIGHTLY, ETC., CONDITIONS ON PRIVATE PREMISES, (2) REPEALING SECTIONS 50 -107, 50 -108, 50 -109, AND 50- 110 OF ARTICLE III, ABANDONED, JUNKED PROPERTY AND PROPERTY FOUND IN VIOLATION OF ORDINANCE, DIVISION 2, MOTOR VEHICLES, AND (3) AMENDING SECTIONS 50 -105 AND 50 -111 OF ARTICLE HI, ABANDONED, JUNKED PROPERTY AND PROPERTY FOUND IN VIOLATION OF ORDINANCE, DIVISION 2, MOTOR VEHICLES; PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE 4. Ordinance No. 13 -D -53 — Consideration and/or action approving an Ordinance amending the Code of Ordinances, City of Schertz, Texas, by adding Section 86 -18, No Obstructions in Street, to Chapter 86, Traffic and Motor Vehicles, Article I, in General; providing a penalty clause; repealing all Ordinances or parts of Ordinances in conflict with this Ordinance; and providing an effective date. Final Reading (J. Bierschwale/M. Hansen/K. Tapley) The following was read into record: ORDINANCE NO. 13 -D -53 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS, BY ADDING SECTION 86 -18, NO OBSTRUCTIONS IN STREET, TO CHAPTER 86, TRAFFIC AND MOTOR VEHICLES, ARTICLE I, IN GENERAL; PROVIDING A PENALTY CLAUSE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE 5. Resolution No. 14 -R -04 — Consideration and/or action approving a Resolution authorizing one (1) Sanitary Sewer Easement Agreement and one (1) Temporary Construction Easement Agreement with Marcantonio Enterprises, LLC for the Use Benefit, and Control of the City 1 -7 -2014 Minutes Page - 4 - of Schertz for the Town Creek Sewer line Extension Phase III Project on FM 482, and other matters in connection therewith. (J. Bierschwale /S. Willoughby) The following was read into record: RESOLUTION NO. 14 -R -04 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING ONE (1) SANITARY SEWER EASEMENT AND ONE (1) TEMPORARY CONSTRUCTION EASEMENT AGREEMENT WITH MARCANTONIO ENTERPRISES, LLC FOR THE USE, BENEFIT, AND CONTROL OF THE CITY OF SCHERTZ FOR THE TOWN CREEK SEWERLINE EXTENSION PHASE IH PROJECT ON FM 482, AND OTHER MATTERS IN CONNECTION THEREWITH 6. Resolution No. 14 -R -05 — Consideration and/or action approving a Resolution authorizing one (1) Sanitary Sewer Easement and one (1) Temporary Construction Easement Agreement with Ector N. Crisler and Allene Crisler Revocable Living Trust for the Use, Benefit, and Control of the City of Schertz for the Town Creek Sewerline Extension Phase III Project on FM 482, and other matters in connection therewith. (J. Bierschwale /S. Willoughby) The following was read into record: RESOLUTION NO. 14 -R -05 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING ONE (1) SANITARY SEWER EASEMENT AND ONE (1) TEMPORARY CONSTRUCTION EASEMENT AGREEMENT WITH ECTOR N. CRISLER AND ALLENE CRISLER REVOCABLE LIVING TRUST FOR THE USE, BENEFIT, AND CONTROL OF THE CITY OF SCHERTZ FOR THE TOWN CREEK SEWERLINE EXTENSION PHASE III PROJECT ON FM 482, AND OTHER MATTERS IN CONNECTION THEREWITH 7. Resolution No. 14 -R -06 — Consideration and/or action approving a Resolution authorizing the acceptance of a Permanent Stormwater Drainage Easement and a Temporary Construction Easement in the Hubertus Retail Subdivision and authorizing a Stormwater Drainage Easement and Temporary Construction Easement Agreement with Riata Land, Ltd., and other matters in connection therewith. (B. James/K. Woodlee/L. Busch) The following was read into record: RESOLUTION NO. 14 -R -06 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ACCEPTANCE OF A PERMANENT STORMWATER DRAINAGE EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT IN THE HUBERTUS RETAIL SUBDIVISION AND AUTHORIZING A STORMWATER DRAINAGE EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT WITH RIATA LAND, LTD.. AND OTHER MATTERS IN CONNECTION THEREWITH 1 -7 -2014 Minutes Page - 5 - Resolution No. 14 -R -03 — Consideration and/or action approving a Resolution authorizing the Dedication of one (1) Ten -Foot Utility Easement on the Northcliffe Park Property to Guadalupe Valley Electric Cooperative for placement, maintenance and repairs of the Utility Line, and other matters in connection therewith. (J. Bierschwale /S. Willoughby) The following was read into record: RESOLUTION NO. 14 -R -03 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE DEDICATION OF ONE (1) TEN -FOOT UTILITY EASEMENT ON THE NORTHCLIFFE PARK PROPERTY TO GUADALUPE VALLEY ELECTRIC COOPERATIVE FOR PLACEMENT, MAINTENANCE AND REPAIRS OF A UTILITY LINE, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Councilmember Scagliola who moved, seconded by Mayor Pro- Tern Fowler, to approve consent agenda items 1 through 8. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Scagliola, John, and Duke voting yes and no one voting no. Councilmember Edwards was absent. Motion Carried. Discussion and Action Items 9. Resolution No. 14 -R -07 — Consideration and/or action approving a Resolution appointing Charles E. Zech, an attorney with the law firm of Denton, Navarro, Rocha & Bernal, P.C., as the City Attorney of the City for Schertz; and other matters in connection therewith. (J. Kessel/B. Dennis) The following was read into record: RESOLUTION NO. 14 -R -07 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPOINTING MR. CHARLES E. ZECH, AN ATTORNEY WITH THE LAW FIRM OF DENTON, NAVARRO, ROCHA, BERNAL, HYDE & ZECH P.C. AS THE CITY ATTORNEY OF THE CITY OF SCHERTZ; AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized City Secretary Brenda Dennis who stated that since this item was placed on the agenda the name of the law firm has changed to reflect two new partners, Hyde & Zech which became effective January 1, 2014. She stated that the resolution has been updated to reflect the name change and that action requested of Council appoints Mr. Charles E. Zech with Denton, Navarro, Rocha, Bernal, Hyde & Zech P.C. as City Attorney replacing Mrs. Katherine Tapley of Norton Rose Fulbright. This is budgeted item in multiple funds including General Fund, Water & Wastewater, and Economic Development. Staff recommends approval. 1 -7 -2014 Minutes Page - 6 - Mayor Carpenter recognized City Manager John Kessel who stated that a point to note for the record is the resolution appoints the City of Schertz Attorney to be Mr. Charles Zech a Partner with the Law Firm of Denton, Navarro, Rocha, Bernal, Hyde & Zech P.C. Anyone within the firm of Denton, Navarro, Rocha, Bernal, Hyde & Zech P.C., will be covered under that motion, and that is the intent. Mayor Carpenter recognized Mayor Pro -Tem Fowler who moved, seconded by Councihnember Scagliola, to approve Resolution No. 14 -R -07. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Scagliola, John, and Duke voting yes and no one voting no. Councilmember Edwards was absent. Motion Carried Oath of Office - Oath of Office administered to newly appointed City Attorney Charles E. Zech— (B. Dennis) City Secretary Brenda Dennis administered the Oath of Office to newly appointed City Attorney Charles E. Zech. Mayor, Council and Management provided their sincere thanks to Mrs. Katherine Tapley for her services. They also congratulated Mr. Charles E. Zech on his new appointment. 10. Ordinance No. 14 -F -01 — Consideration and/or action approving an Ordinance amending Ordinance No. 04 -F -09, City Public Service (CPS Energy); providing for adoption; thereto; providing that this Ordinance is cumulative of all other Ordinances of the City not in conflict with the provisions of this Ordinance; and providing for an effective date. First Reading (D. Harris/D. Harris) The following was read into record: ORDINANCE NO. 14 -F -01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING ORDINANCE NO. 04 -F -09, CITY PUBLIC SERVICE (CPS ENERGY); PROVIDING FOR ADOPTION; THERETO; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE OF ALL OTHER ORDINANCES OF THE CITY NOT IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Carpenter recognized Executive Director of Support David Harris who introduced this item stating that City Public Service (CPS Energy) is proposing a 20 -year extension to its Franchise Agreement with the City of Schertz which expires February 28, 2014; the existing Agreement will remain in effect until the extension is effective March 13, 2014. The other proposed change is an increase in the Franchise Fee from 3 percent to 4 percent effective with start of the new franchise on March 13, 2014. This additional fee is already built into the planned 4.5 percent increase CPS has had approved by the City of San Antonio City Council. CPS Energy is one of three electric utilities in the City of Schertz. Franchise agreements are one method in which the City can effectively manage the use of the City's Rights -of Ways by these firms. The City has Franchise agreements directly with CPS Energy, New Braunfels Utilities, Guadalupe Valley Electric Cooperative, Center Point Energy; AT &T and Time 1 -7 -2014 Minutes Page - 7 - Warner have a State - issued franchise agreement which permits telecommunication companies to have access to local Rights -of -Way. All firms pay Franchise Fees to the City for use of the Rights -of -Way. Per City Charter, Council must wait 30 days before second and final reading on a franchise agreement on February 11, 2014; One week prior to final reading (February 4, 2014), the City Secretary will post the agreement on the City's web site. Once final approval has been granted, the Franchise agreement becomes effective 30 days later, March 13, 2014. This agreement is for 20 years; this length of term is the typical length of time for Franchise Agreements. Fiscal Impact: For FY 2013 -14, $420,837 is budgeted in the City's General Fund from CPS Energy; as the City grows, this number will increase in future years. For the proposed Community Infrastructure and Economic Development Fund, estimated annual revenue to be added to the fund is $140,279 or $70,140 for FY 2013 -14. Staff recommends approval of first reading. Mayor Carpenter recognized Councilmember Scagliola who moved, seconded by Mayor Pro- Tern Fowler, to approve Ordinance No. 14 -F -01 on first reading. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Scagliola, John, and Duke voting yes and no one voting no. Councilmember Edwards was absent. Motion Carried 11. Ordinance No. 14 -T -02 – Consideration and/or action approving an Ordinance providing for the Creation of the City Public Service (CPS Energy) Community Infrastructure and Economic Development Fund; providing that this Ordinance is cumulative of all other Ordinances of the City not in conflict with the provisions of this Ordinance; and providing for an effective date. First Reading (D. Harris/D. Harris) The following was read into record: ORDINANCE NO. 14 -T -02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING FOR THE CREATION OF CITY PUBLIC SERVICE (CPS ENERGY) COMMUNITY INFRASTRUCTURE AND ECONOMIC DEVELOPMENT FUND; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE OF ALL OTHER ORDINANCES OF THE CITY NOT IN CONFLICT WITH THE PROVISIIONS OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. Mayor Carpenter recognized Executive Director of Support David Harris who introduced this item stating that the largest growth in Schertz is in the CPS Energy service territory. CPS once had a fund to assist with economic development and electric system upgrade in this area. Since CPS's business model will require them to seek additional funding for certain upgrades —such as wood to steel poles —the City can use the additional 1 percent being provided in the new franchise agreement to fund such projects and thus not tap the City's existing resources. The CPS Energy Community Infrastructure and Economic Development (LIED) Fund was a fund that supported electric system improvements related to a City's economic development efforts until the program was terminated by the CPS Energy Board of Directors on January 1 -7 -2014 Minutes Page - 8 - 30, 2012. Prior to its termination, funding for the program came from 1% of gross receipts on CPS Energy account holders in the City. This fund supported the City's economic development efforts by allowing the Economic Development Department to offer funds to help defray the costs of a project's electric infrastructure including running new lines and adding electric facilities to support many Schertz projects including the Caterpillar facility along with the Capital Group and Tesoro data centers. The program also was used for overhead wooden pole to steel pole conversion including the removal of utility poles at Crescent Bend Nature Park. Under the project's closure, remaining funds were distributed to participating cities including Schertz. The Finance Department has segregated the payments into a separate fund (CIED Fund in the General Fund) for tracking purposes. Though the City can essentially spend these funds as it desires, staff recommends using these funds for their original purpose: economic development and electric utility related projects in the CPS Energy portion of the City. $264,330 has been received since the closure of this fund by CPS Energy; two projects have been funded out of this fund (Capital Group property tax rebate and a Pfeil Road wood to steel pole conversion) leaving a balance of $92,427. Fiscal Impact: Estimated annual revenue to be added to the fund is $140,279 or $70,140 for FY 2013 -14. Staff recommends approval of first reading. Mayor Carpenter recognized City Manager John Kessel who stated one thing the staff has been asked to consider is on second reading coming back with a new name that is slightly different than the old name, since that program has been removed from the CPS projects and funding, so as not to create confusion. We will be giving it a similar but distinct name that will help us with record keeping and not confusing the general public as to which funds are being used. Mr. Harris stated that Roland Hinojosa with CPS Energy was here in the audience this evening as well to answer any questions. Mayor Carpenter recognized Councihnember Scagliola who moved, seconded by Mayor Pro- Tern Fowler, to approve Ordinance No. 14 -T -02 on first reading. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Scagliola, John, and Duke voting yes and no one voting no. Councilmember Edwards was absent. Motion Carried 12. Ordinance No. 14 -M -03 — Consideration and/or action approving an Ordinance by the City Council of the City of Schertz approving a Boundary Adjustment Agreement with the City of Cibolo, Texas, and adjusting the boundaries of the City of Schertz, Texas in accordance with such Agreement; repealing all Ordinances or parts of Ordinances in conflict with the Ordinance; and providing an effective date. First Reading (B. James/B. James) The following was read into record: ORDINANCE NO. 14 -M -03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING A BOUNDARY ADJUSTMENT AGREEMENT WITH THE CITY OF CIBOLO, TEXAS, AND ADJUSTNG THE BOUNDARIES OF THE CITY OF SCHERTZ, TEXAS IN ACCORDANCE WITH SUCH AGREEMENT; REPEALING 1 -7 -2014 Minutes Page - 9 - 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 the City of Cibolo is in the process of annexing a tract of land into their City. That tract is located adjacent to the City of Schertz, just to the southeast of the existing Whisper Meadows at Northcliffe II Subdivision. Working together, the staffs of both cities determined that there is a slight discrepancy in the boundary of the two cities established in 2001 per Ordinance 01 -A -26. The proposed Ordinance 14 -M -03 approves a boundary adjustment agreement, with the City of Cibolo to adjust the boundary between the two cities. The agreement stipulates and cedes a small area to Cibolo and also incorporates another small area into Schertz. The agreement includes a joinder for the owner of the property in question. Action requested of Council is to approve Ordinance 14 -M -03 for first reading approving a Boundary Adjustment Agreement between the City of Schertz and the City of Cibolo, adjusting the boundaries of the City of Schertz in accordance with the agreement. Staff recommends approval. Mayor Carpenter recognized Mayor Pro -Tem Fowler, who moved, seconded by Councilmember Scagliola, to approve Ordinance No. 14 -M -03 on first reading. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Scagliola, John, and Duke voting yes and no one voting no. Councilmember Edwards was absent. Motion Carried Roll Call Vote Confirmation Mayor Carpenter recognized Deputy City Secretary Donna Schmoekel who recapped the votes of items 1 through 12. 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 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 recessed the regular meeting into executive session at 6:56 p.m. 1 -7 -2014 Minutes Page -10 - Reconvene into Regular Session Mayor Carpenter reconvened the meeting at 9:00 p.m. 17. Take any action deemed necessary as a result of the Executive Session. No action taken. Requests and Announcements 13. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives Mayor Carpenter recognized Executive Director of Operations John Bierschwale who provided information on the remodeled school zone crossing device on Elbel Road by the high school, and provided a brief video of it's use. Mayor Carpenter recognized Executive Director of Support David Harris who provided information to Council regarding the incident during the Festival of Angels with one of the Schertz Sweethearts. He stated that the Sweetheart Court received an email concerning what they needed to wear for the event. The email stated they were to sit down and cover themselves with a blanket but the young ladies thought that they would not look good and did not cover up as directed. Mrs. Carla Vetter, a member of the committee, was with them and tried to get them to use the blankets several times during the event. The only concern the night of the parade was "Cold Hands." When the girls returned to the Civic Center they went into the restroom and turned on the hot water. This caused extreme pain and one of the ladies began to cry. EMS was summoned to check out their hands. In the future, if weather is extremely cold the young ladies will have to follow directions or will not be allowed to participate in city events. Regarding the hands, we can provide hand warmers to go inside the gloves. 14. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Mayor Carpenter recognized Councilmember Duke who requested additional information from Development Services regarding inspection performance measures in the form of a matrix. 15. Requests by Mayor and Councilmembers to City Manager and Staff for information. No requests for information. 1 -7 -2014 Minutes Page - I r - 16. 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 -Tem Fowler who stated he was glad the holidays were over and looks forward to a fantastic year. Mayor Carpenter recognized Councilmember Scagliola who gave ditto's to Mayor Pro - Tem's comments above. Mayor Carpenter read a letter from two Universal City citizens who were looking at new properties in Schertz complimenting the Schertz Police Department. Specifically Officers D. Trevino, M. Rapier and Sergeant I Eisen who recently assisted them with a car break in. Mayor Carpenter read portions of the resident's letter and subsequently gave his own compliments to the individual officers named and the entire Police Department for their excellent public service work. Adiournment As there was no further business, the meeting was adjourned at m. ayor, Michael R. Carpenter ATT�ST: City Secretary, Brenda Dennis 1 -7 -2014 Minutes Page -12 -