12-04-2012 MinutesMINUTES
REGULAR MEETING
December 4, 2012
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on December
4, 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
Mayor Pro-Tem George Antuna, Jr.
Councilmember. David Scagliola
Staff Present:
Executive Director John Bierschwale
Executive Director Brian James
City Attorney Katherine Tapley
CALL TO ORDER:
City Manager John C. Kessel
Executive Director David J. Harris
Chief of Staff Bob Cantu
Deputy City Secretary Cynthia Raleigh
Mayor Carpenter called the Regular Meeting to oxder 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.
Pracan#a#innc
No presetatations.
Executive Session
Mayor Carpenter recessed the regular meeting into executive session at b:03 p.m.
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 551.074 Deliberation regarfding personnel matters, policies, duties, enaploy~ment, amd
evaluation of certain public officials and employees;
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Section 551.087 Texas Government Cade -Deliberation regarding Economic Development
Negotiations.
Reconvene into Resnlar Session
Mayor Carpenter reconvened into regular session at 6:34 p.m.
Councilmember Edwards left the meeting at 6: 34 p.m.
Hearim~ of Residents
This time is set aside for any person who washes to address the City Council. Each person should fall
out the speaker's register priar to the meeting. Presentations should be limited to no more than 3
minutes.
All remarks shall be addressed to the Council as a bady, 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 ftem on a future agenda. The presiding o~cer, 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 6 in asking
Council to support their disapproval of the proposed Route 10 LCRA Transmission Line and
expressing their concerns:
• Mr. Peter Maupin, 2533 Pillory Point
• Ms. Sharlene Fey, 6028 FM 482
• Mr. Tim Fey, 6028 FM 482
• Mr. Brian Deboy, 801 Secretariat
• Ms. Adriana Mendoza, 517 Friar Rockway {Translated by Sandra Escobar)
* Mr.-John Ruddy, 2524 Sir Barton Bay
• Ms. Francine Gonzales, 2521 Hourless Oaks
• Ms. Victoria Arellano, 501 Livingston Drive
• Ms, Sandra R. Escobar, 500 Livingston Drive
• Mr. Jeff Womack, 2944 Mineral ,Springs
Mayor Carpenter recognized the .following who also spoke:
• Ms. Valerie Mallard, 221 Beverly, who invited Council to attend the Cibolo Creek FFA
Chapter Show and Craft Fair on December 15, 2012.
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Ms. Clare Layton, 12231 Lost Meadows Drive; who spoke regarding her concerns of the
LCRA Transmission Line, Council procedures for modifying the agenda, and the Council
policy on filling a vacancy on Council.
Mr. Grampy Azzoz, 528 Wayward Pass, who spoke regarding the vacancy on Council and the
procedure to fill the vacancy with an election.
Ms. Maggie Titterington, Schertz Chamber of Commerce, who updated the Council on
Chamber events.
Workshop Items
• Presentation and discussion and/or action regarding the operation of the Schertz Senior Center.
(B. James/G. Logan) '
Mayor Carpenter recognized Director of Parks, Recreation and Community Services, Mr. George
Logan, who presented a brief PowerPoint presentation on the operation of the Schertz Senior Center.
City Council and Staff discussed this item izx detail and staff answered questions from Council. Staff
requested permission from Council to approach surrounding cities to ask for their financial assistance
in the operation of the Senior Center, Council granted permission to move forward with this action.
Staff will return with an update to Council in April 2013.
Consent. Agenda Items
The Consent Agenda is considered to be self-explanatory and will be enacted by the Council with one
- motion. There will be no separate discussion of these items unless they are removed from the Consent
Agenda upon the request by the Mayor or a Councilmember.
Mayor Carpenter announced that staff has asked for agenda ltem 4 to be removed from the Consent
Agenda. Council concurred.
Minutes -Consideration and/or action regarding the approval of the minutes of the Regular
Meeting of November 27, 2012 (J. Kessel/B. Dennis)
2. Ordiunance 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. Final 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
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ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS
ORDINANCE; AND PROVIDING AN EFFECTIVE DATE
3. Resolution No. 12-R-105- Consideration and/or action approving a Resolution authorizing a
contract with SPA Skateparks to provide adesign/build skate park and to allow the access to
and use of City property as a recreation area and related facilities and other matters in
connection therewith. {B. James/G. Logan}
The following was read into record:
RESOLUTION NO. 12-R-105
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING A CONTRACT WITH SPA SKATEPARKS TO
PROVIDE A DESIGNBUILD SKATE PARK AND TO ALLOW THE ACCESS
TO AND USE OF CITY PROPERTY AS A RECREATION AREA AND
RELATED FACILITIES AND OTHER MATTERS IN CONNECTION
THEREWITH
4. Resolution No. 12-R-106 -Consideration andlor action approving a Resolution authorizing a
contract with Jackson A&E Associates, Inc., to manage the design build process of the skate
park. {J. KesselB. James)
The following was read into record:
RESOLUTION NO. 12-R-106
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING FUNDING OF PROFESSIONAL SERVICES FOR
JACKSON A & E ASSOCIATES INC. FOR THEIR PORTION OF THE
SKATEPARK CONSTRUCTION, AND OTHER MATTERS IN CONNECTION
THEREWITH
5. Appointments/ ReapQointments and Resignations to City Boards, Commissions and
Committees -- Consideration and/or action regarding appointments/reappointments and
resignations to City Boards, Commissions, and Committees. (Mayor and Council}
Ratification of the following resignations:
Rebekah Inmon -Board of Adjustment
Hatay Whitney -Economic Development Corporation
Roger Sturdy -Library Advisory Board
Timothy "Jake" Jacobs - Planx~ing and Zoning Commission
Byron Sanderfer - Traffic Safety Advisory Commission
John Paul ~strowski - TrafFic Safety Advisory Commission
Joey Bishop -Traffic Safety Advisory Commission
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Mayor Carpenter pulled Item 4 from Consent per the request of Staff and postponed the item to
December 11, 2012. Council Concurred. No action taken.
Mayor Carpenter recognized Councihnember Fowler who moved, seconded by Councihnember
Scagliola to approve the consent agenda items 1, 2, 3, and 5. The vote was unanimous with Mayor
Pro-Tem Antuna, Councilmembers Fowler, and Scagliola voting yes and no one voting no. Motion
carried
Discussion andlor Action Items
6. Resaiu#ion No. 12-R llG -Consideration andlor action approving the City position and future
actions relating to the route for the Lower Colorado River Authority's Transmission Line project
in the Clty of Schertz, Texas, and other matters in connection therewith. (J. Kessel/D. Harris)
Mayor Carpenter recognized Executive Director David Harris, who introduced the item
indicating that Schertz Cibolo Universal City ISD has decided to intervene regarding the Lower
Colorado River Authority Transmission Line- Project in the City of Schertz. Staff recommends
that the City supports the efforts of the school district in their intervention efforts.
Mr. Harris, City Manager John Kessel, Mayox Carpenter, and Council discussed this item in
further detail. Staff answered questions from Council regarding the action of supporting the
intervention of the school district. By doing so, the City would support the entire community
and this will be the most effective approach to the situation.
Mayor Carpenter spoke indicating that it is the consensus of the Council to take same type of
action. However, Council needs to decide on the level of action to take and to act quickly.
Mayor Carpenter recognized Councilmember Scagliola who moved to draft a resolution in support of
the Schertz-Cibolo-Universal City Independent School District as interveners and object to segment "S"
from the proposed LCRA transmission line routes, seconded by Councilmember Fowler. The vote was
unanimous with Mayor Pro--Tem Antuna, Councilmembers Fowler, and Scagliola voting yes and no
one voting no. Motion carried:
7. Ordinance No. 12-T-3J. - Consideration andlor action approving Ordinance No. 12-T-31 an
Ordinance by the City Council of the City of Schertz, Texas clarifying, ratifying, and xeafb_nning
prior actions of the City and the Schertz Economic Development Corporation regarding the
creation of certain Reinvestment Zones and the approval of certain Tax Abatement Agreements
and Economic Development Incentives Agreements with the following parties: Valero Diamond,
L.P., Prologis Development Services, Inc., Prologis, Verde Tri-County, LTD., Corridor Hotel II,
LTD., the Capital Group Companies, Inc., Eye Care Centers of America, Inc., Lone Star Pet
Supply, LTD., L.L.P., and Javanook, LLC; repealing all ordinances or parts of ordinances in
conflict with this ordinance; providing an effective date; declaring an emergency; and other
matters in connection therewith. (First and Final Reading) (K. TapleylD. Gwin)
The following was read into record:
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ORDINANCE NO: 12-T-31
AN ORDINANCE BY THE CITY COUNCIL OF THE -CITY OF SCHERTZ,
TEXAS CLARIFYING, RATIFYING, AND REAFFIRMING PRIOR ACTIONS
OF THE CITY AND THE SCHERTZ ECONOMIC DEVELOPMENT
CORPORATION REGARDING THE CREATION OF CERTAIN
REINVESTMENT ZONES AND THE APPROVAL OF CERTAIN TAX
ABATEMENT AGREEMENTS AND ECONOMIC DEVELOPMENT
INCENTIVES AGREEMENTS WITH THE FOLLOWING PARTIES: VALERO
DL4MOND, L.P., PROLOGIS DEVELOPMENT SERVICES, INC., PROLOGIS,
VERDE TRI-COUNTY, LTD., CORRIDOR HOTEL II, LTD., THE CAPITAL
GROUP COMPANIES, INC., EYE CARE CENTERS OF AMERICA, INC.,
LONE STAR PET SUPPLY, LTD., L.L.P., AND JAVANOOK, LLC;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT WITH THIS ORDINANCE; PROVIDING AN EFFECTIVE DATE;
DECLARING AN EMERGENCY; AND OTHER MATTERS IN CONNECTION
THEREWITH
Mayor Carpenter recognized Councilmember Scagliola who moved, seconded by Councihriember
Antuna to approve agenda Item 7 without any further discussion. The vote was unanimous with Mayor
Pro-Tem Antuna, .Councilmembers Fowler, and Scagliola voting yes and no one voting no. Motion
carried
Roll Call Vote Confirmation
Mayor Carpenter recognized Deputy City Secretary Cynthia Raleigh who recapped the votes for
agenda items 1, 2, 3, 5, 6 and 7.
Executive Session
There was no need for an Executive Session.
S. Take any action deemed necessary as a result of the Executive Session.
No action taken.
Events and Announcements
• Announcements of upcoming City Events (D. HarrislJ. Bierschwale/B. James)
Mayor Carpenter recognized Executive Director David Harris who provided the following
announcements:
• Thursday, December 6, 2012, TxDOT Open House, Windcrest Civic Center, 5-7 p.m.
regarding IH35 Improvements.
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• Friday and Saturday, December 7-8, 2012, Festival of Angels, Hal Baldwin Municipal
Complex.
+ Monday, December 10, 2012, Steve Simonson Award Luncheon, Schertz Civic Center.
• Saturday, December 15, 2012, Cibolo Creek Chapter Show and Craft Fair, Toby Conner Ag
Complex, Cibolo.
• Announcements and recognitions by City Manager (J. Kessel)
See item 9.
Reaucsts and Announcements
9. Announcements 6y City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
Mayor Carpenter recognized City Manager John Kessel who read a letter from a citizen
commending our EMS service and his gratitude to Arturo Villarreal and Edwin Feaster for
saving his life.
10. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda.
Mayor Carpenter recognized Councilmember Fowler who asked that the City add terms of
accountability in hiring third parry inspectors.
11. Requests by Mayor and Councilmembers to City Manager and Staff for information.
No informalian requested.
12. Announcements by Mayor and Councilmembers
• City and community events attended and to be attended
• City Council Committee and Liaison Assignments
• 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 Councilmember Antuna who stated he attended the following event:
• Monday, December 3, 2012, the San Antonio-Bexar County Metropolitan Planning
Organization {IvJPO) Meeting. Councilmember Antuna indicated that he was appointed to the
MPO for one year by the Northeast Partnership.
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Mayor Carpenter recognized Councilmember Scagliola who stated he attended the following event:
Thursday, November 29, 2012, HelpingaHero.Org and Chesmar Homes Groundbreaking
Ceremony Honoring SGT Ron Sullivan USMC at 2949 Mistywood Lane in the Riata
Subdivision.
• Tuesday, December 4, 2412, Schertz Chamber of Coznrnerce Luncheon
Mayor Carpenter indicated that he would like the following items on next week's agenda:
• Discussion regarding the Council vacancy and the procedure to fill the vacancy.
• Discussion regarding the procedure for appointing the Mayor Pro-Tenn.
• Discussion regarding the Council Liaison assignments.
Councilmember Edwards arrived at 8:1 S p. m.
Mayor Carpenter recognized Councilmember Edwards who stated that he is very interested in the
discussion regarding the Council vacancy and the process by which a new Councilmember is placed in
the position.
Aaiourninent
As there was no further business, the meeting was adjourned at 8:
Ma or Michael R. Carpenter
EST: C-~~ `
,,
Cynt ~ 1'~aleigla, CPM, City Secretary
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