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.
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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:
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• 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.
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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
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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
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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.
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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
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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
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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
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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.
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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.
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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
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