11-27-2012 MinutesMINUTES
REGULAR MEETING
November 27, 2012
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on November
27, 2012, 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 R. Carpenter
Councilmember Jim Fowler
Councilmember Cedric Edwards, Sr.
Staff Present:
Executive Director John Bierschwale
Executive Director Brian James
City Attorney Michael Spain
City Secretary Brenda Dennis
CALL TO ORDER:
Mayor Pro -Tern George Antuna, Jr.
Councilmember David Scagliola
City Manager John C. Kessel
Executive Director David J. Harris
Chief of Staff Bob Cantu
City Attorney Katherine Tapley
Mayor Carpenter called the Regular Meeting to order at 6:00 p.m...
INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED
STATES AND THE STATE OF TEXAS.
Councilmember Fowler gave the' invocation followed by the Pledges of Allegiance to the Flags of the
United States and the State of Texas.
Mayor Carpenter welcomed everyone, and recognized former Councilmembers Ken Greenwald and
Regina Agee who were in the audience.
1. Resolution No. 12 -R -115 — Consideration and/or action approving a Resolution appointing
Councilmember George Antuna Jr., to continue to serve as Mayor Pro -Tem until his successor is
appointed, and other matters in connection therewith. (Mayor Carpenter and Council)
The following was read into record:
RESOLUTION NO. 12 -R -115
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
APPOINTING COUNCILMEMBER GEORGE ANTUNA, JR., TO CONTINUE TO
SERVE AS MAYOR PRO -TEM UNTIL HIS SUCCESSOR IS APPOINTED, AND
OTHER MATTERS IN CONNECTION THEREWITH
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Mayor Carpenter recognized Councilmember Scagliola who moved, seconded by
Councilmember Edwards to approve Resolution No. 12 -R -115 appointing George Antuna, Jr.,
as Mayor Pro -Tem. The vote was unanimous with Mayor Pro -Tem Antuna,
Councilmemhers Fowler, Scagliola, Edwards voting yes and no one voting no. Motion
carried.
2. Oath of Office --- (Mayor Carpenter)
A. Newly Elected Officer — Oath of Office administered to Mayor Pro -Tem George
Antuna, Jr. (Mayor Carpenter)
Mayor Carpenter administered the Oath of Office to Mayor Pro -Tem Antuna.
B. Statement of Elected/Appointed Officer Certificate. (Mayor Carpenter)
Mayor Carpenter presented Mayor Pro -Tem Antuna with his Certificate.
Presentations
• Presentation regarding the 2012 Hal Baldwin Scholarship Golf Tournament Results (B.
James /G. Logan/M. Spence)
Mayor Carpenter recognized Events Coordinator Mary Spence who provided a PowerPoint
regarding the 2012 Hal Baldwin Scholarship Golf Tournament and the results. The following
were highlights:
• Friday, October 12, 2012, 2nd Annual Tournament, Olympia Hills Golf & Conference
Center
• 91 Players
• $13,062.50 earned
• 2013 Scholarships - $3,000.00, $2,000.00, and $1,000.00 will be presented
• Municipal Court Department presentation and update. (J. Bierschwale /A. Green)
Mayor Carpenter stated that at the request of staff this item be pulled from the Agenda.
Council concurred.
City Events and Announcements
• Announcements of upcoming City Events (D. Harris /J. BierschwaleB. James)
Mayor Carpenter recognized Executive Director David Harris who provided the following
announcements:
• Wednesday, December 5, 2012, the semiannual meeting of the AACOG Area Council
and Board of Directors will host a meeting. The meeting will begin at 10:00 a.m. and
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will be immediately followed by a luncheon. Mr. Harris asked the Council to please let
the City Secretary's office know if they will be attending.
• Friday, December 7, 2012, the City of Schertz will officially kick -off the holiday
season by hosting the Festival of Angels. A lighted night parade; music from the
school districts choirs and bands; warm food and beverages; and snow will make for a
winter wonderland at the Hal Baldwin Municipal Complex.
• Monday, December 10, 2012, at 11:30 a.m., Schertz Civic Center will be presenting the
Steve Simonson Community Awards.
• Announcements and recognitions by City Manager (J. Kessel)
Mayor Carpenter recognized City Manager John Kessel who stated he received a note
from the President of the Alamo Chapter of Municipal Clerks, Jennifer Reyna thanking
Mary Ybarra for volunteering to serve as Historian of the Chapter. Mr. Kessel also
read a note he received from a contractor with Amazon.com thanking staff for their
service oriented and "How can I help attitude ".
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 ally 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 people who spoke regarding agenda Item 8 in asking
Council to rescind their approval for the proposed Route 10 LCRA Transmission line and expressing
their concerns:
• Mr. Peter Maupin, 2533 Pillory Point
• Mr. John Ruddy, 2524 Sir Barton Bay
• Mr. Lee Grazzeti, 2504 Hourless Oaks
• Ms. Francine Gonzales, 524 Hourless Oaks
• Mr. Brent Bolter, 2633 Cloverbrook lane
Mayor Carpenter recognized the following who also spoke:
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• Ms. Clare Layton, 12231 Lost Meadows Drive, who publically thanked Executive Director
John Bierschwaie and the City that lead the United States Postal Service changing its policy
regarding the preferred last line option. Ms. Layton showed her first piece of mail that gave her
address as 12231 Lost Meadows Drive, Schertz. Texas.
• Mr. Robert Brockman, 1001 Elbel who thanked the City for the repainting of the Schertz
Chamber, and expressed concerns regarding the wood hand rails, which he believe needed to
be replaced. Executive Director David Harris stated that the new hand rails have been ordered.
Mr. Brockman also asked if breakfast would be sewed on Friday, November 30, 2012, at the
City Council Strategic Planning and Team Building session.
Mayor Carpenter moved to agenda item 8.
8. Reconsideration of Resolution No. 12 -R -94 - LCRA Transmission Lines - Discussion and
consideration and/or action regarding the Route 10 LCRA Line {Item requested by Mayor
Carpenter} (M. Carpenter/D. Harris)
RESOLUTION NO. 12 -R -94
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS,
RECOMMENDING A PREFERRED ROUTE FOR THE LOWER COLORADO
RIVER AUTHORITY'S TRANSMISSION LINE PROJECT IN THE CITY OF
SCHERTZ, TEXAS, AND OTHER MATTERS IN CONNECTION THEREWITH
Mayor Carpenter stated he requested this item be placed back on the agenda for Council
discussion. Mayor Carpenter recognized Executive Director David Harris who provided
information regarding the history of the LCRA.
Mayor and Council expressed their concerns after receiving the updated information regarding
the existing line not being active, as they had thought the line was currently active.
Mayor Carpenter stated that he had an opportunity to walk the area with Mr. Ruddy, what he saw
on paper and when he walked the area made it very clear that he made an error in approving the
route.
Mayor Carpenter recognized Councilmember Edwards who moved, seconded by
Councilmember Mayor Pro -Tem Antuna to adopt action to reconsider the LCRA transmission
route, repealing and rescinding Resolution No. 12 -R -94. The vote was unanimous with Mayor
Pro -Tem Antuna, Councilmembers Fowler, Seagliola and Edwards voting yes and no one
voting no. Motion carried.
Mayor Carpenter asked if the Council was amenable he would like to request staff visit with
the school district, as they will also be proposing a change in the route. He asked staff to
provide another affirmative Resolution stating the Council specifically opposes "Segment S ",
and provide Council with options for the transmission lines. Council concurred.
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Mayor Carpenter recognized Mr. Ruddy who stated that the City Council also has an
opportunity to be an intervener in this process. He stated several citizens have gone up to
Austin and have spoken to the Utility Commission. He stated that the Judge stated that the
LCRA did not give enough time for the citizens to respond. He stated that the LCRA did
extend the time to be interveners and request the City to be an intervener on this, standing up
stating you are against this route. Mr. Ruddy stated that the Council has until December 7,
2012 to become an intervener.
Mayor Carpenter recessed the regular meeting for a five (5) minute break at 6:51 p.m.
Mayor Carpenter reconvened the regular meeting at 6:56 p.m.
Consent Agenda Items
3. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular
Meeting of November 19, 2012. (J. Kessel/B. Dennis)
4. City of Schertz 2013 Master Calendar — Consideration and/or action regarding the approval
of the City of Schertz 2013 Master Calendar (D. Harris)
5. Ordinance No. 12 -M -23 Consideration and/or action approving an Ordinance amending the
Code of Ordinances of the City of Schertz regarding requirements of at -risk businesses,
including the requirements to have security cameras and windows with clear and unobstructed
views; providing a penalty; establishing an effective date; repealing all ordinances or parts of
ordinances in conflict with this ordinance; and other matters in connection therewith. Final
Rending (J. Bierschwale/M. Harris)
The following was read into record:
ORDINANCE NO. 12 -M -23
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ
REGARDING REQUIREMENTS OF AT -RISK BUSINESSES, INCLUDING THE
REQUIREMENTS TO HAVE SECURITY CAMERAS AND WINDOWS WITH
CLEAR AND UNOBSTRUCTED VIEWS; PROVIDING A PENALTY;
ESTABLISHING AN EFFECTIVE DATE; REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND OTHER
MATTERS IN CONNECTION THEREWITH
6. Resolution No. 12 -R -114 — Consideration and/or action authorizing a professional services
agreement with Ford Engineering, Inc., relating to engineering design, and hydraulic study for
the Aviation Heights Phase 5 Waterline Improvements, and other matters in connection
therewith. (J. Bierschwale /S. Willoughby/L. Busch)
The following was read into record:
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RESOLUTION NO. 12 -R -114
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH FORD
ENGINEERING, INC., RELATING TO ENGINEERING, DESIGN AND HYDRAULIC
STUDY FOR THE AVIATION HEIGHTS PHASE S WATERLINE IMPROVEMENTS
AND OTHER MATTERS IN CONNECTION THEREWITH
Mayor Carpenter recognized Councilmember Scagliola who moved, seconded by
Councilmember Fowler to approve the consent agenda items 3 through 6. The vote was
unanimous with Mayor Pro -Tent Antuna, Councilmembers Fowler, Scagliola and Edwards
voting yes and no one voting no. Motion carried.
Discussion and /or Action Items
7. Ordinance No. 12 -T -30 — Consideration and/or action authorizing a budget adjustment to fund
Professional Services for an Owner's Representative for the construction of the Skate Park;
repealing all Ordinances or parts of Ordinances in conflict with this Ordinance; and providing
an effective date. First Reading (B. James /G. Logan)
The following was read into record:
ORDINANCE NO. 12 -T -30
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A BUDGET ADJUSTMENT TO FUND PROFESSIONAL SERVICES
FOR AN OWNER'S REPRESENTATIVE FOR THE CONSTRUCTION OF THE
SKATEBOARD PARK; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN
EFFECTIVE DATE
Mayor Carpenter recognized Parks, Recreation and Community Service Director George
Logan who stated that action requested of Council will transfer funds from the Parkland
Dedication Fund 317 to the Special Capital Fund 404 to provide funding for a Owner's
Representative services (Jackson A &E Associates, Inc.) in the amount of $12,000 and amend
the project budget to total $137,000. This is first reading of the ordinance authorizing the
Budget Transfer.
At the next meeting, Council will consider contracts for the skate park design and construction
(SPA Skateparks) and owner's representative services (Jackson A &E Associates, Inc.) along
with considering second and final reading of this item.
Staff Recommends approval of first reading of Ordinance 12 -T -30 authorizing a budget
adjustment transferring $12,000 from the City's Parkland Dedication Fund 317 to Capital Fund
404, Skate Park Project. Staff recommends approval.
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Mayor Carpenter recognized Councilmember Edwards who moved, seconded by
Councilmember Fowler to approve Ordinance No. 12 -T -30 on first reading. The vote was
unanimous with Mayor Pro -Tem Antuna, Councilmembers Fowler, Scagliola and Edwards
voting yes and no one voting no. Motion carried.
9. Resolution No. 12 -R -116 — Consideration and/or action approving a Resolution appointing an
elected official to serve as an ex- officio member to the Schertz Seguin Local Government
Corporation (SSLGC) and Cibolo Valley Local Government Corporation ( CVLGC). (J.
Bierschwale /A. Cockerell)
The following was read into record:
RESOLUTION NO. 12 -R -116
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
APPOINTING AN ELECTED OFFICIAL TO SERVE AS AN EX- OFFICIO MEMBER
TO THE SCHERTZ, SEGUIN LOCAL GOVERNMENT CORPORATION, AND THE
CIBOLO VALLEY LOCAL GOVERNMENT CORPORATION, AND OTHER
MATTERS IN CONNECTION THEREWITH
Mayor Carpenter recognized Executive Director John Bierschwale and General Manager of the
Schertz Seguin Local Government Corporation who introduced this item stating that action
requested of Council is for each to consider appointments of ex- officio members to SSLGC &
CVLGC in accordance with the respective by -laws.
Mayor and Council discussed who would like to serve and it was the consensus of Council to
appoint George Antuna, Jr. to serve as ex- officio member to SSLGC, and Councilmember
David Scagliola as the ex-officio member to the CVLGC in accordance with the respective by-
laws.
Mayor Carpenter recognized Mayor Pro -Tem Antuna who moved, seconded by Councilmember
Fowler to appoint George Antuna, Jr. as an ex- officio member to SSLGC and Councilmember
David Scagliola as an ex- officio member to CVLGC. The vote was unanimous with Mayor
Pro -Tem Antuna, Councilmembers Fowler, Scagliola and Edwards voting yes and no one
voting no. Motion carried.
Roll Call Vote Confirmation
Mayor Carpenter recognized City Secretary Brenda Dennis who recapped the votes for agenda items 1
through 9.
Mayor Carpenter recessed the regular meeting into executive session at 7 :07 p.m.
Executive Session
Called under:
Section 551.071 Texas Government Code Litigation, pending or contemplated litigation;
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Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange, sale,
lease, or value of real property, or real estate;
Section 551.074 Deliberation regarding personnel matters, duties, employment, and evaluation
of certain public officials and employees;
Section 551.087 Texas Government Code — Deliberation regarding Economic Development
Negotiations.
Reconvene into Regular Session
Mayor Carpenter reconvened into regular session at 8:59 p.m.
10. Take any action deemed necessary as a result of the Executive Session.
No action taken.
Requests and Announcements
11. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
Mayor Carpenter recognized City Manager John Kessel who complimented the Council on
their dress attire this evening. Mr. Kessel reminded Council of the upcoming City Health Fair
which will occur late January.
12. Requests by Mayor and Councilmembers that items be placed on a future City Council
agenda.
No items requested.
13. Requests by Mayor and Councilmembers to City Manager and Staff for information.
No information requested.
14. 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
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• Upcoming City Council agenda items
Mayor Carpenter recognized Councilmember Fowler who stated he attended the following
events:
• Monday, November 26, 2012, attended the Ribbon Cutting ceremony of the new Air
Force Federal Credit Union.
• Mayor Carpenter recognized Councilmember Scagliola who stated he also attended
ribbon cutting. Councilmember Scagliola stated last week he attended the Animal
Control Board meeting. He gave kudos to the staff and to Owner's Representative Phil
Gaudreau on how the plans are looking on the new shelter.
Mayor Carpenter reminded Council to provide their recommendations to the City Manager
on how they should proceed in filling the vacancy in Place 5 as well as the procedures for
filling the Mayor Pro -Tem position.
Adjournment
As there was no further business, the meeting was adjourned at 9: 0 m.
Mayo Michael R. Carpenter
ATTEST:
Brenda Dennis iRMC, MMC, CPM, City Secretary
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