11-29-2011 MinutesMINUTES
REGULAR MEETING
November 29, 2011
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
November 29, 2011, at 6:00 p.m., in the Municipal Complex Council Chambers, 1400 Schertz
Parkway, Building #4, Schertz, Texas. The following members present to -wit:
Mayor Hal Baldwin Mayor Pro -Tem Jim Fowler
Councilmember David Scagliola Councilmember George Antuna
Councilmember Cedric Edwards Councilmember Michael Carpenter
Staff Present:
Assistant City Manager John Bierschwale
Chief of Staff Bob Cantu
City Secretary Brenda Dennis
CALL TO ORDER REGULAR MEETING
City Manager John Kessel
Assistant City Manager David Harris
City Attorney Michael Spain
Mayor Baldwin called the meeting to order at 6:35 p.m. and welcomed everyone in attendance.
INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED
STATES AND STATE OF TEXAS.
Councilmember David Scagliola gave the invocation followed by the Pledges of AIlegiance to the
Flags of the United States and State of Texas.
CITY EVENTS
• Announcements of upcoming City Events (D. Harris /J. Bierschwale)
Mayor Baldwin recognized Assistant City Manager David Harris who reminded Council of the
upcoming events:
• Festival of Angels — December 2 — 3, 2011 at Pickrell Park. On Friday, December 2, 2011,
parade starts at 6:30 p.m.; Council is encouraged to arrive at Pickrell Park at 6:15 p.m.,
where a shuttle will bring the Council to the start of the parade route from Samuel Clemens
parking lot and ending at Pickrell Park.
• Employee Christmas party — Thursday, December 15, 2011, at the Schertz Civic Center
beginning at 6:30 p.m.
Hearing of Residents
Mayor Baldwin recognized the following who spoke:
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• Ms. Maggie Titterington, President of the Schertz Chamber of Commerce, who
provided updated information regarding the Chamber.
• Ms. Ruth Tienor, who provided updated information regarding the Veteran's
Plaza.
• Mr. Johnie McDow, who provided updated information and activities of the
BVYA.
• Mr. Alex Ramirez, Shady Acres, who spoke and asked questions on the process of
getting his property rezoned in order for him to build a home. Assistant City
Manager David Harris stated that he would get with Mr. Ramirez and obtain his
information so that staff could contact him regarding the process.
Mayor Baldwin requested that items 1, 2, 3, 5, and 6 be considered on consent agenda,
and asked if any Councilmember would need to pull any items from this list. Mayor
Baldwin recognized Mayor Pro -Tern Fowler who asked for clarification of where the
funding would come fiom regarding the repaving of the existing parking lot and the
weed, trash and debris control on the right-of-ways as indicated on Item 5. Assistant City
Manager John Bierschwale stated that this item is funded all in- house, the labor and
equipment.
It was the consensus of Council to place agenda items 1, 2, 3, 5, & 6 on consent.
Consent Agenda Items:
1. Minutes - Consideration and/or action regarding the approval of the minutes of the
Regular Meeting of November 15, 2011.
2. Resolution No. 11 -R -55 - Consideration and/or action approving a resolution
authorizing the City to submit a letter to the Texas Comptroller of Public
Accounts providing documentation of the City's Eminent Domain Authority in
Texas. (M. Spain)
The following caption was read into record:
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING THE CITY TO SUBMIT A LETTER
TO THE TEXAS COMPTROLLER OF PUBLIC ACCOUNTS
PROVIDING DOCUMENTATION OF THE CITY'S EMINENT DOMAIN
AUTHORITY IN TEXAS
Resolution No. 11 -R -56 - SSLGC Board Member Appointment - Consideration
and/or action approving a resolution appointing Larry Dublin to the Board of
Directors of the Schertz Seguin Local Government Corporation. (J. Bierschwale)
The following caption was read into record:
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A RESOLUTION BY THE CITY
SCHERTZ, APPOINTING LARRY
DIRECTORS OF THE SCHERTZ
CORPORATION, AND OTHER
THEREWITH
COUNCIL OF THE CITY OF
DUBLIN TO THE BOARD OF
SEGUIN LOCAL GOVERNMENT
MATTERS IN CONNECTION
5. Resolution No. 11-R -57- Union Pacific Lease Agreement- Consideration and/or
action approving a resolution authorizing a lease agreement with Union Pacific
Railroad. (J. Bierschwale)
The following caption was read into record:
A RESOLUTION BY THE CITY
SCHERTZ, TEXAS AUTHORIZING
UNION PACIFIC RAILROAD,
CONNECTION THEREWITH
COUNCIL OF THE CITY OF
A LEASE AGREEMENT WITH
AND OTHER MATTERS IN
6. Appointments/ Reappointments and Resignations to City Boards, -
Commissions and Committees — Consideration and/or action regarding
appointments /reappointments, and resignations to City Boards, Commissions and
Committees.
The following recommendations were read into record and Board Members
present stood and were recognized:
Board of Adiustments
Reappointments: Earl Hartzog, Frank McElroy, Christopher Montgomery, David
Reynolds
Planning and Zoning Commission
Reappointments: David Richmond, Christian Glombik Bert Crawford, Jr.
New Appointment: Richard Braud to regular member filling the vacancy of
Justin Murray)
Alternate appointments: Gordon Rae to Alternate 91
Alternate appointments: Michael Dahle Alternate 42
Resignation: Justin Murray
Capital Improvements Advisory Commission
New Appointment: Richard Braud
Traffic Safety Advisory Commission
Reappointments: Stephen Bish, Bill Bowers
Resignation: Deborah Stone
Library Advisory Board
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Reappointments: Mary McAllister, Juan Thorn, Laura Wilson, Ruth Tienor, Pattie
Lovelady, Margaret Riley, Shonale Burke
Economic Development Board
Reappointments: Angelina I. T. Kiser, Tim Brown, Roy Richard
Parks and Recreation Advisory Board
Reappointments: Mustapha Debboun, Mark Davis, Floy Simmons, Harriett Higgs
Resignation: John Ostrowski
Historical Preservation Commission
Reappointments: Cynthia Palmer
Resignation: Andreas Wooten
Mayor Baldwin recognized Mayor Pro -Tern Fowler who moved, seconded by
Councilmember Scagliola to approve agenda items 1, 2, 3, 5, and 6 on consent. The
vote was unanimous. Motion Carried
Discussion and /or Action Items
d. Ordinance No. 11 -T -37 — Conduct a Public Hearing and consideration and/or
action approving an ordinance continuing the Ad Valorem Taxation of certain
goods in transit; repealing all ordinances or parts of Ordinances in conflict with this
ordinance; providing an effective date; and declaring an emergency. First and
Final reading (D. Gwin/M. Spain)
The following caption was read into record;
AN ORDINANCE PROVIDING FOR THE AD VALOREM TAXATION OF
CERTAIN GOODS IN TRANSIT; REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE;
PROVIDING AN EFFECTIVE DATE; AND DECLARING AN
EMERGENCY
Mayor Baldwin recognized Economic Development Director David Gwin who
introduced this item stating that the City has, since 2008, taxed certain goods in
transit as they pass through the City. To continue such taxation, the Legislature
requires that the City confirm that such goods in transit will not be subject to
exemption from taxation. Such confirmation must take place prior to December 31,
2011, following a public hearing. Ordinance No. 11 -T -37, should be passed as an
emergency on first and final reading following the public hearing, will continue in
effect the City's taxation of such goods in transit. Recommend approval.
Mayor Baldwin opened the public hearing and as no one spoke, Mayor Baldwin
closed the public hearing.
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Mayor Baldwin recognized Mayor Pro -Tem Fowler who moved, seconded by
Councilmember Edwards to approve Ordinance No. 11 -T -37 first and fimal reading.
The vote was unanimous. Motion Carried.
Mayor Baldwin moved into executive session at 7:07 p.m.
EXECUTIVE SESSION
Called under Section 551.071 Texas Government Code Litigation, pending or
contemplated litigation; Section 551.072 Texas Government Code - Deliberation
regarding the purchase, exchange, sale, lease, or value of real property, or real
estate; Section 551.087 Texas Government Code — Deliberation regarding Economic
Development Negotiations.
Mayor Baldwin reconvened into regular session at 7:45 p.m.
7. Take any action deemed necessary as a result of the Executive Session.
No action taken.
Requests and Announcements
8. Requests by Mayor and Councilmembers that items be placed on a future City Council
agenda.
No new items requested.
9. Requests by Mayor and Councilmernbers to City Manager and ,Staff for information.
Mayor Baldwin recognized Councilmember Scagliola who asked when the
Council would be provided an update regarding Fairhaven. City Manager John
Kessel stated that Assistant City Manager John Bierschwale is finalizing meetings
this week and will be bringing updated information back at the December 13,.
2011 meeting.
Mayor Baldwin recognized Councilmember Carpenter who asked when staff
would bring back the item regarding the possibility of moving their general
elections to November. City Manager John Kessel stated that staff would bring
this item back for discussion at their meeting of December 13, 2011.
Mayor Baldwin recognized Councilmember Edwards who stated he noticed that
dirt is turning on the project off of FM 1518, the Charter School of Performing
Arts and wanted to know if construction had started. City Manager John Kessel
stated that yes, the project has been started and also that the Sedona Project is also
on board with the development.
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Mayor Baldwin recognized Councilmember Carpenter who asked if the lights on
from I -35 past Wiederstein have been fixed. Assistant City Manager David
Harris stated that a work order has been placed to repair them.
10. 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 Baldwin recognized Mayor Pro -Tern Fowler who apologized to City Manager
John Kessel for leaving during his Sedona presentation to the Parks and Recreation
meeting, as he had another meeting to attend.
Mayor Baldwin recognized Councilmember Scagliola who stated that two of his
biggest supporters Debbie Bell and Wendy Swan are leaving the area for greener
pastures. It is sad news for him and also for the City. Debbie and Wendy were
instrumental in creating the Friends of Northern Schertz Parks. This non -profit
group raised over $70,000 and with that money (matched in kind by the City)
managed to revitalize the park and pool in NorthCliffe; turning the part that is
used by at least five other subdivisions into an area we can all be proud of
Unfortunately, they could not be here tonight; so, in parting, they have chosen to
honor me one last time. Here is a check for $3,074.00 that they asked me to
present to the City of Schertz City Manager, John Kessel on their behalf. This
money represents the closing balance in the Friends of Northern Schertz Parks
fiend. There is one more project that needs to be completed and this check should
cover the costs. When that last piece of equipment is installed, I think it would be
appropriate to have a plaque dedicated to the Friends of Northern Schertz Park
and to the efforts of his friends Debbie Bell and Wendy Swan.
Mayor Baldwin recognized City Manager John Kessel who accepted the check
and thanked Ms. Bell and Ms. Swan and stated that a plaque would indeed be
ordered.
Mayor Baldwin stated that he is glad to be back on the dias this evening.
11. Announcements by City Manager
• Recognition of City employee actions
• New Departmental initiatives
Mayor Baldwin recognized City Manager John Kessel who stated that he likes
chocolate better than vanilla, (referencing the cupcakes served this evening).
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Mr. Kessel stated that this weekend there was a train accident with a Semi -Truck
that got stuck on the railroad tracks. He reminded everyone that should this
happen, please contact 911 immediately and get out and away from your vehicle.
Mr. Kessel stated that he would like to congratulate the following on recent
achievements on certification from the Texas Municipal Court Association
Patti Veliz — Level 1
Angela Green — Level 1
Jacklyn Marback — Level 1 & Level 2
Shannon Del Toro — Level 1
Mr. Kessel also wanted to thank Elizabeth Wiley for her efforts in running the City of
Schertz United Way Campaign.
Mr. Kessel stated that last week Council and staff enjoyed the employee Thanksgiving
Luncheon and wanted to publically thank the following individuals, who without their
assistance, the Luncheon would not have happened: Sarah Gonzalez, Jutta Jacobs,
Mary Ybarra and Esther Mendoza.
Lastly, Mr. Kessel stated that tonight was very special and thanked everyone for the
opportunity to participate in the tree lighting ceremony. Mr. Kessel wished everyone a
vezy Merry Christmas.
Adjournment
Mayor Baldwin adjourned the meetin t 8.0 p.m.
Mayor
ATT ST:
Brenda Dennis, TRMC, MMC City Secretary
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