07-09-2013 Agenda with backupMEETING AGENDA
City Council
REGULAR SESSION CITY COUNCIL
July 9, 2013, 6:00 P.M.
HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS
1400 SCHERTZ PARKWAY BUILDING #4
SCHERTZ, TEXAS 78154
Call to Order — Regular Session
Invocation and Pledges of Allegiance to the Flags of the United States and State of
Texas.
City Events and Announcements
• Announcements of upcoming City Events (D. Harris /J. Bierschwale /B. James)
• Announcements and recognitions by City Manager (J. Kessel)
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 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 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.
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.
07 -09 -2013 Council Agenda
1. Minutes - Consideration and /or action regarding the approval of the minutes of the
Regular Meeting of June 25, 2013, and the minutes of the Special Meeting of July 2,
2013. (J. Kessel /B. Dennis)
2. Ordinance No. 13 -T -19 — Consideration and/or action approving an Ordinance
authorizing a budget adjustment to recognize an additional transfer from the CPS
CIED Fund for an electrical upgrade project off Graytown Road; repealing all
ordinances or parts of ordinances in conflict with this ordinance; and providing an
effective date. Final Reading (J. Bierschwale /B. James)
3. Resolution No. 13 -R -53 — Consideration and /or action approving a Resolution
authorizing an Interlocal Agreement with the City of Selma regarding the use of a
sewer line in Kensington Ranch. (J. Bierschwale /J. Hooks)
Discussion and Action Items
4. Ordinance No. 13 -S -20 — ZC2013 -006 - Conduct a public hearing and consideration
and/or action upon a request to rezone approximately 2.668 + /- acres of land from
General Business District (GB) to Planned Development District (PDD). The property
is more specifically described as Lot 6, Block 1, of the Hubertus Retail Subdivision as
recorded in Document #200806006465, plat records, Comal County, Schertz, Texas
generally located at the southwest corner of FM 1103 and IH 35. First Reading (B.
James/M. Sanchez)
5. Ordinance No. 13 -S -21 — Conduct a public hearing and consideration and/or action
approving an Ordinance amending the Comprehensive Land Plan associated with the
North and South Schertz Sector Plan; and the Historic Downtown Schertz Plan
(Gateway Plan), and other matters in connection therewith. First reading (B. James /M.
Sanchez)
6. Ordinance No. 13 -S -22 — Conduct a public hearing and consideration and/or action
approving an Ordinance amending the Unified Development Code (UDC) associated
with the North and South Schertz Sector Plan; and the Historic Downtown Schertz Plan
(Gateway Plan), and other matters in connection therewith. First reading (B. James /M.
Sanchez)
7. Ordinance No. 13 -T -23 — Consideration and/or action approving an Ordinance
authorizing a budget adjustment from the Aviation Heights Phase 5 Waterline Project
to the Maske Road Waterline Project, repealing all Ordinances or parts of Ordinances
in conflict with this ordinance; and providing an effective date. First Reading (J.
Bierschwale/J. Hooks)
Roll Call Vote Confirmation
07 -09 -2013 City Council Agenda Page - 2 -
Requests and Announcements
8. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
9. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
10. Requests by Mayor and Councilmembers to City Manager and Staff for information.
11. 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
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.
Reconvene into Regular Session
12. Take any action deemed necessary as a result of the Executive Session.
Adiournment
CERTIFICATION
07 -09 -2013 City Council Agenda Page - 3 -
I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO
HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON
THE OFFICIAL BULLETIN BOARDS ON THIS THE 3rd DAY OF JULY 2013 AT 5:00
P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES
AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551,
TEXAS GOVERNMENT CODE.
grev02 Deww%s
Brenda Dennis CPM, TRMC, MMC, City Secreta
I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE
CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE
OFFICIAL BULLETIN BOARD ON DAY OF 2013.
Title:
This facility is accessible in accordance with the Americans with Disabilities Act.
Handicapped parking spaces are available. If you require special assistance or
have a request for sign interpretative services or other services please call 210
619 -1030 at least 24 hours in advance of meeting.
COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS
Mayor Carpenter Mayor Pro -Tem Edwards — Place 4
Audit Committee Audit Committee
Hal Baldwin Scholarship Committee Hal Baldwin Scholarship Committee
Interview Committee for Boards and Commissions
Investment Advisory Committee
TIRZ II Board
Councilmember Fowler — Place 1 Councilmember Sca0iola — Place 2
Interview Committee for Boards and Commissions Animal Control Advisory Committee
Schertz Housing Board Liaison Cibolo Valley Local Government Corporation
Interview Committee for Boards and Commissions
Sweetheart Advisory Committee
Councilmember Antuna - Place 3 Councilmember — Verinder — Place 5
ASA Commuter Rail District Board — Lone Star Audit Committee
Randolph Joint Land Use Study QLUS) Executive Investment Advisory Committee
Committee
Schertz Seguin Local Government Corporation
07 -09 -2013 City Council Agenda Page - 4 -
CITY COUNCIL MEMORANDUM
City Council Meeting: July 9, 2013
Department:
Subject:
BACKGROUND
City Secretary
Minutes
Agenda No. 1
The City Council held a regular meeting on June 25, 2013, and a Special Meeting on July 2,
2013.
FISCAL IMPACT
None
RECOMMENDATION
Staff recommends Council approve the minutes of the regular meeting of June 25, 2013, and the
minutes of the special meeting of July 2, 2013.
ATTACHMENT
Minutes — regular meeting June 25, 2013
Minutes — special meeting July 2, 2013
MINUTES
REGULAR MEETING
June 25, 2013
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on June 25,
2013, 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 George Antuna
Staff Present:
Executive Director Brian James
City Attorney Katherine Tapley
CALL TO ORDER:
Mayor Pro -Tem Cedric Edwards
Councilmember David Scagliola
Councilmember Sydney Verinder
Executive Director John Bierschwale
Chief of Staff Bob Cantu
City Secretary Brenda Dennis
Mayor Carpenter called the Regular Meeting to order at 6:00 p.m.
y
INVOCATION AND PLEDGES OF NLLEGIANCE TO THE FLAGS OF THE UNITED
STATES AND THE STATE OF TEXAS4
Pastor John Bowling with Community Bible Church gave the invocation followed by the Pledges of
Allegiance to the Flags of the United States and the State of Texas.
Presentations
• Presentation and update regarding the Playscape Cameras. (B. James/P. Gaudreau)
Mayor Carpenter recognized Owner's Representative Phil Gaudreau and IT Director Myles
Clauser who provided a brief presentation regarding the planning process and placement of
the Playscape Cameras. Mr. Clauser provided a live demonstration of the capabilities of the
cameras.
Mayor Carpenter recognized Boy Scout Travis Frasier with Troop 343 who was in the audience this
evening working on his Citizenship in the Community merit badge.
City Events and Announcements
• Announcements of upcoming City Events (D. Harris /J. BierschwaleB. James)
Mayor Carpenter recognized Executive Director of Development Brian James who announced
the following upcoming events:
• Friday, June 28, 2013 — Hog Wild 2013 — Free Continuing Education Seminar for Elected &
Appointed Officials & Government Employees, 8:30 a.m. to 3:45 p.m., New Braunfels Civic
Center.
06 -25 -2013 Minutes Page - 1 -
• Monday, July 1, 2013 — Emergency Management Table Top Exercise, 10:00 a.m. to Noon —
Schertz Civic Center, Bluebonnet Hall.
• Tuesday, July 2, 2013 — Regular City Council meeting - CANCELLED
• Tuesday, July 2, 2013 - United States Air Force Band of the West will be playing at 7:00
p.m. at the Schertz Civic Center.
• Wednesday, and Thursday, July 3rd, and July 4th — 38th Annual Schertz Jubilee Celebration —
Visit Schertz.com for detailed information. There will be a race before the parade on the 4th
benefiting Veterans Memorial Plaza.
• Friday, July 12, 2013 — Texas Municipal League Region 7 Dinner, 6:00 p.m. in Leon Valley,
more details will follow. If interested in attending please contact the City Secretary.
• Monday, July 15, 2013 — Police Department as arranged for Mr. James T. Reese, PhD., to
come speak about Ethics Based Leadership and Achieving Success without Stress. The event
will be held at the Schertz Civic Center from 8:30 a.m. to 4:00 p.m.
Final announcement, Mr. James introduced our newest employee in the Info ation Technology
Department, Kevin Bean. Mr. James provided a brief bio on Kevin.
• Announcements and recognitions by City Manager
No announcements provided.
Workshop *Ahh.., N461,w
Discussion and direction regarding a exclusive franchise contract with Bexar Waste
Bierschwale /K. Tapley)
(J.
Mayor Carpenter recognized Executive Director of Operations John Bierschwale who
provided the following potential pitfalls with an exclusive franchise:
• Although bidding is not required, if the City does not go out for a bid, it may give an
incentive for other providers to sue the City.
• There is less flexibility.
If the provider is technically satisfying the requirements of the franchise agreement
and the customer services decrease, the City is stuck with that one provider for
services.
• If the City goes out for a competitive bid now for an exclusive franchise and another
company has better terms than Bexar Waste, the City cannot automatically enter into
an exclusive franchise agreement with that other company because the City has
already entered into a non - exclusive agreement with Bexar Waste.
Mr. Bierschwale and City Attorney Katherine Tapley also presented the following benefits of
a non - exclusive franchise:
• It is up to City Council to decide whether or not to entertain other requests for
franchise agreements. Although there is not an exclusive franchise agreement in
place, a decision not to enter into other franchise agreements has the same effect as
having an exclusive agreement.
• There is more flexibility.
06 -25 -2013 Minutes Page - 2 -
There is more of an incentive for the provider to continue to provide excellent
services (in excess of what is required by the franchise agreement) to provide an
incentive to the City not to enter into any other franchise agreements.
Mayor Pro -Tem Edwards, Councilmembers Antuna, and Verinder stated that they wanted to
see an exclusive contract brought forward. Councilmembers Fowler and Scagliola voiced
their concerns regarding entering into an exclusive contract. Council further discussed items
such as, terms of the contract, adding a buy -out clause, and terms for emergency clean ups.
Mayor Carpenter stated that he would like the Council to visit with Mr. Bierschwale and
Henry Gutierrez of Bexar Waste to see if an exclusive contract would be beneficial to both
parties. Staff will come back in three weeks and provide the updated information.
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 any individual member thereof.
Any person making personal, impertinen 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 citizens who spoke:
4W
• Ms. Clare Layton, 12231 Lost Meadows Drive, who spoke on the public images of the City.
• Mr. Johnie McDow, 3640 Prairie Lane, who provided updates regarding the events of the
Buffalo Valley Youth Association.
• Mr. Jake Jacobs, 3500 Hamilton Place, who presented the Mayor with a check in the amount
of $2,865.74 and personal checks in the amount $446.00 for a total of $3, 311.74 payable to
the American Red Cross from the proceeds of the recent Schertz Community wide rummage
sale, bake sale and raffle auction benefiting the families in Moore Oklahoma, which was
spearheaded by Ms. Sherry Sharp.
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.
Minutes - Consideration and/or action regarding the approval of the minutes of the Regular
Meeting of June 18, 2013. Q. Kessel /B. Dennis) Recommend approval.
06 -25 -2013 Minutes Page - 3 -
2. Ordinance No. 13 -T -18 — Consideration and/or action approving an Ordinance authorizing a
budget adjustment to transfer personnel budget funds from the Engineering Department to
the Information Technologies Department; repealing all Ordinances or parts of Ordinances in
conflict with this Ordinance; and providing an effective date. Final Reading (B. James /M.
Clauser)
ORDINANCE NO. 13 -T -18
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A BUDGET ADJUSTMENT TO TRANSFER PERSONNEL
BUDGET FUNDS FROM ENGINEERING DEPT TO THE INFORMATION
TECHNOLOGIES DEPARTMENT; REPEALING ALL ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING
AN EFFECTIVE DATE
Mayor Carpenter recognized Mayor Pro -Tem Edwards, who ' moved, seconded by
Councilmember Antuna, to approve the consent agenda items 1 and 2. The vote was
unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Scagliola, Antuna
and Verinder voting yes and no one voting no. Motion Carried.
Discussion and Action Items
3. ZC2013 -008 — Conduct a public hearing, upon a reques proposed street name change
of Enterprise Avenue to Schertz Parkway from the inter of IH 35 frontage road
extending north to the intersection of Lookout Road. (B. Jame, of
Mayor Carpenter recognized Development Services Director Michelle Sanchez who
introduced this item stating the City of Schertz has requested that the street name of
Enterprise Avenue be changed to Schertz Parkway from the north side of IH 35 beginning at
the intersection of the IH 35 frontage road and extending north to the intersection of Lookout
Road.
Affected property owners were notified on May 31, 2013. The Planning and Zoning
Commission held a public hearing and considered the street name change on June 12, 2013
and made a recommendation for approval. The Selma Planning and Zoning Commission will
consider the request at their meeting on June 24, 2013 and at the Selma City Council meeting
of July 11, 2013. Although this request was originally scheduled to be presented to the
Schertz City Council for a public hearing and consideration on June 25, 2013, it was decided
to postpone the City Council hearing until July 16, 2013 so that the City Council can be
aware of the outcome of the City of Selma's determination.
Property owners have been re- notified of the City Council meeting scheduled for July 16,
2013.
Mayor Carpenter opened the public hearing and as no one spoke, closed the public hearing.
Mayor Carpenter stated that the City will hear this item again on July 16, 2013. No action
taken.
06 -25 -2013 Minutes Page - 4 -
4. ZC2013 -009 - Conduct a public hearing, upon a request for a proposed street name change of
Lookout Road to Old Selma Road from the intersection of Enterprise Avenue extending east
to the intersection of Tri- County Parkway. (B. James/M. Sanchez)
Mayor Carpenter recognized Development Services Director Michelle Sanchez who
introduced this item stating that the City of Schertz has requested that the street name of
Lookout Road located on the north side of IH 35 beginning at the intersection of Enterprise
Avenue extending east to the Intersection of Tri - County Parkway be changed to Old Selma
Road.
Affected property owners were notified on May 31, 2013. The Planning and Zoning
Commission held a public hearing and considered the street name change on June 12, 2013
and tabled the request. The Selma Planning and Zoning Commission will consider the
request at their meeting of June 24, 2013 and at the Selma City Council meeting of July 11,
2013. Although this request was originally scheduled to be presented to the Schertz City
Council for a public hearing and consideration on June 25, 2013, it was decided to postpone
the City Council hearing until July 16, 2013 so that th City Council can be aware of the
outcome of the City of Selma's determination. Property o ers have been re- notified of the
City Council meeting scheduled for July 16, 2013. "
Staff recommends postponing the public hearing until July 16, 2013.
.1�
Mayor Carpenter opened the public hearing and recognized the following who spoke:
• Mr. Robert Brockman, 1000 Elbel, who asked how many notices were sent out and
how many responses received.
• Mr. Grumpy Azzoz, 528 Wayward Pass, who spoke against the name change.
• Mr. David Richmond, Planning and Zoning Chair who provided his comments
regarding the Planning & Zoning Commissions decision to postponed action.
As no one else spoke, Mayor Carpenter closed the public hearing. Mayor Carpenter stated
that the City will hear this item again on July 16, 2013. No action taken.
5. Resolution No. 13 -R -50 — Consideration and /or action approving a Resolution authorizing a
construction contract with D. Wilson Construction Company for the construction of three (3)
Baseball Fields. (B. James /P. Gaudreau)
The following was read into record:
RESOLUTION NO. 13 -R -50
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING THE CONSTRUCTION CONTRACT FOR THE CONSTRUCTION
OF THREE BASEBALL FIELDS, AN EQUIPMENT STORAGE BUILDING AND
ASSOCIATED SUPPORT SYSTEMS AND OTHER MATTERS IN CONNECTION
THEREWITH
Mayor Carpenter recognized Owner's Representative Phil Gaudreau who stated that action
requested of Council is to authorize the City Manager to execute the construction contract
06 -25 -2013 Minutes Page - 5 -
0
for the construction of three (3) baseball fields, an equipment storage building and
associated support systems with D. Wilson Construction Company in the amount not to
exceed $1,500,000. Funds are available out of the 2010 bond package. Staff recommends
approval.
Mayor Carpenter recognized Councilmember Scagliola, who moved, seconded by
Councilmember Fowler, to approve Resolution No. 13 -R -50. The vote was unanimous with
Mayor Pro -Tem Edwards, Councilmembers Fowler, Scagliola, Antuna and Verinder
voting yes and no one voting no. Motion carried.
Resolution No. 13 -R -51 — Consideration and /or action approving a Resolution authorizing a
construction contract with Alpha Building Corporation for the renovation of the existing
Soccer Fields and construction of a new Concession Building and Parking lots and associated
support systems for the Soccer Fields. (B. James/P. Gaudreau)
The following was read into record:
RESOLUTION NO. 13 -R -51
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING THE CONSTRUCTION CONTRACT FOR THE RENOVATION
OF THE EXISTING SOCCER FIELDS AND CONSTRUCTION OF A NEW
CONCESSION BUILDING AND PARKING LOTS AND ASSOCIATED SUPPORT
SYSTEMS AND OTHER MATTERS IN CONNECTION THEREWITH
Mayor Carpenter recognized Owner's Representative Phil Gaudreau who stated action
requested of Council is to authorize the City Manager to execute the construction contract for
the renovation of the existing soccer fields and construction of a new concession building and
parking lots and associated support systems with Alpha Building Corporation for the amount
not to exceed $3,539,037. Funds are available out of the 2010 bond package. Staff
recommends approval.
Mayor Carpenter recognized Councilmember Fowler, who moved, seconded by
Councilmember Scagliola, to approve Resolution No. 13 -R -51. The vote was unanimous
with Mayor Pro -Tem Edwards, Councilmembers Fowler, Scagliola, Antuna and Verinder
voting yes and no one voting no. Motion Carried.
7. Ordinance No. 13 -T -19 — Consideration and/or action approving an Ordinance authorizing a
budget adjustment to recognize an additional transfer from the CPS CIED Fund for an
electrical upgrade project off Pfeil Road; repealing all ordinances or parts of ordinances in
conflict with this ordinance; and providing an effective date. First Reading (J.
Bierschwale /B. James)
The following was read into record:
06 -25 -2013 Minutes Page - 6 -
ORDINANCE NO. 13 -T -19
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A BUDGET ADJUSTMENT TO RECOGNIZE AN ADDITIONAL
TRANSER FROM THE CPS CIED FUND FOR AN ELECTRICAL UPGRADE
PROJECT OFF PFEIL ROAD; REPEALING 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 a request has been made by CPS Energy to fund the cost to
replace a section of old wood poles with steel poles on a project off of Graytown Road at a
cost of $13,232.65. Since the cost of steel poles is roughly double that of wooden poles, CPS
is asking Schertz to fund this cost difference. In the past, this cost would have been
potentially covered by the former CPS CEID Fund, which has since been dissolved and
excess funds disbursed to suburban cities, including Schertz.
Schertz has received a payout of $264,330 and now has an estimated balance of $105,727
following a payment to Capital Group for a rebate of property taxes in FY 2012 -13 of
$158,603. Sufficient funds exist in this fund to cover this request.
Mr. James stated that this action will further the efforts of the City to utilize steel utility poles
instead of wooden poles to provide for a potentially longer lifespan and is more aesthetically
pleasing than wood.
Action requested of Council is to approve a budget adjustment transfer of $13,300 from CPS
CEID fund reserves to a budgeted line item for payment of the utility upgrade based on the
request from CPS Energy. Staff recommends approval.
Mayor Carpenter recognized Mayor Pro -Tem Edwards, who moved, seconded by
Councilmember Scagliola, to approve Ordinance No. 13 -T -19 first reading. The vote was
unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Scagliola, Antuna
and Verinder 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 the agenda
items 1 through 7.
Requests and Announcements
8. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
06 -25 -2013 Minutes Page - 7 -
Mayor Carpenter recognized Executive Director of Operations John Bierschwale who
reminded Council of the upcoming 4th of July Celebration Events.
Mr. Bierschwale also asked for everyone's thoughts and prayers as he has received word that
Pat Lindner, Attorney for the Schertz Seguin Local Government Corporation lost his son in a
car accident.
9. Requests by Mayor and Councilmembers that items be placed on a firture City Council
agenda.
10
No items requested.
Yk*
Requests by Mayor and Councilmembers to City Manager and Staff for
No information requested.
11. Announcements by Mayor and Councilmembers
information.
• City and community events attended and to be attended ow
• City Council Committee and Liaison Assignments (see assignments below)
• Continuing education events attended and to be attended
• Recognition of actions by City employees IK
• Recognition of actions by community volunteers
• Upcoming City Council agenda items
I A
Mayor Carpenter recognized Mayor Pro -Tem Edwards who stated that he had attended an
All Sports Booster Club meeting at the Library and publically thanked Gail Douglas and her
staff for their assistance. V
Mayor Pro -Tem Edwards also publically thanked Ms. Sherry Sharp for organizing the fund
raising event for the victims of Moore Oklahoma and also thanked the staff at the Civic
Center for hosting the event.
Mayor Carpenter recognized Councilmember Scagliola who stated he attended the following
events
• Thursday, June 20, 2013, After Hours Mixer, hosted by Hands N Harmony Wellness
Center & Spa, Main street
• Last week conducted interviews for the Deputy City Secretary position.
Mayor Carpenter recognized Councilmember Antuna who expressed his condolences to the
Lindner Family on their loss.
Councilmember Antuna stated that this week he attended the Schertz - Seguin Local
Government Corporation meeting.
Executive Session
06 -25 -2013 Minutes Page - 8 -
Council did not meet.
12. Take any action deemed necessary as a result of the Executive Session.
No action taken as Council did not meet.
Adjournment
As there was no further business, the meeting was adjourned at 7:44 p.m.
ATE
City
Mayor, Michael R. Carpenter
06 -25 -2013 Minutes Page - 9 -
MINUTES
Special Executive Session City Council
July 2, 2013
A Special Executive Session meeting was held by the Schertz City Council of the City of
Schertz, Texas, on July 2, 2013, at 10:00 a.m., at the Hal Baldwin Municipal Complex Council
Chambers Conference Room, 1400 Schertz Parkway, Building #4, Schertz Texas. The following
members present to -wit:
Mayor Michael Carpenter
Councilmember Jim Fowler
Councilmember George Antuna
Mayor Pro -Tem Cedric Edwards
Councilmember David Scagliola
Councilmember Sydney Verinder
Staff Present: City Manager John Kessel
City Secretary Brenda Dennis
Call to Order — Special Session
Mayor Carpenter called the Special meeting to ord at 10:05 a.m.
Executive Session
Ll
Mayor Carpenter recessed the special meeting into executive session at 10:05 a.m.
Called under: Section 551.074 Texas Government Code — Deliberate the appointment,
employment, evaluation, reassignment, duties, discipline or dismissal of the Deputy City
Secretary. 11
Reconvene into Special Session
Mayor Carpenter reconvened into regular session at 1:11 p.m.
• Take any action deemed necessary as a result of the Executive Session.
Mayor Carpenter recognized Mayor Pro -Tem Edwards, who moved, seconded by
Councilmember Scagliola to make an offer to hire Ms. Donna Schmoekel as the Deputy
City Secretary. The vote was unanimous with Mayor Pro -Tem Edwards,
Councilmembers Fowler, Scagliola, Antuna and Verinder voting yes, and no one
voting no. Motion Carried.
Mayor Carpenter recognized Mayor Pro -Tem Edwards, who moved, seconded by
Councilmember Antuna, to set the Deputy City Secretary salary at $43,803. The vote
was unanimous with Mayor Pro- Tem Edwards, Councilmembers Fowler, Scagliola,
Antuna and Verinder voting yes, and no one voting no. Motion Carried.
ADJOURNMENT
As there was no further business, the special meeting was adjourned the 1:15 p.m.
07- 025 -2013 Minutes
Mayor, Michael R. Carpenter
ATTEST:
City Secretary, Brenda Dennis
07 -02 -2013 Minutes Page - 2 -
Agenda No. 2
CITY COUNCIL MEMORANDUM
City Council Meeting: July 9, 2013
Department: City Manager
Subject: Ordinance No. 13 -T -19
Budget Adjustment to provide of funds for
the CPS Energy Graytown Road Project.
(Final Reading)
BACKGROUND
A request has been made by CPS Energy to fund the cost to replace a section of old wood poles
to steel poles on a project off of Graytown Road costing $13,232.65. Since the cost of steel
poles is roughly double of wooden poles, CPS is asking Schertz to fund this cost difference. In
the past, this cost would have been potentially covered by the former CPS CEID Fund that has
since been dissolved and excess funds disbursed to suburban cities including Schertz.
Schertz has received a payout of $264,330 and now has an estimated balance of $105,727
following a payment to Capital Group for a rebate of property taxes in FY 2012 -13 of $158,603.
Sufficient funds exist in this fund to cover this request.
City Council passed this on first reading at their meeting of June 25, 2013.
Goal
Provide funding for the differential cost for steel poles in the Graytown Road electric system
upgrade.
Community /City Benefit
This action will further the efforts of the City to utilize steel utility poles instead of wooden
poles to provide for a potentially longer lifespan and is more aesthetically pleasing than
wood.
Summary of Recommended Action
Approve transferring $13,300 from CPS CEID fund reserves to a budgeted line item for
payment of the utility upgrade.
FISCAL IMPACT
This action will transfer $13,300 from CPS CEID fund reserves to a budgeted line item for
payment of the utility upgrade.
RECOMMENDATION
Approve Ordinance No. 13 -T -19 on final reading authorizing a budget amendment
transferring $13,300 from CPS CEID fund reserves to a budgeted line item for payment of
the utility upgrade.
ATTACHMENT(S)
Ordinance No. 13 -T -19
ORDINANCE NO. 13 -T -19
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO
RECOGNIZE AN ADDITIONAL TRANSER FROM THE CPS CIED
FUND FOR AN ELECTRICAL UPGRADE PROJECT OFF GRAYTOWN
ROAD; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, pursuant to Ordinance 12 -T -25, the City of Schertz (the "City") adopted the
budget for the City for the fiscal year 2012 -2013 (the `Budget), which provides funding for the
City's operations throughout the 2012 -2013 fiscal year; and
WHEREAS, the City needs to adjust the Budget to recognize an additional $13,300.00
for electrical upgrades on Graytown Road from CPS CIED fund; and
WHEREAS, City staff recommends that the City Council of the City adjust the Budget
and approve recognition of funds from the CPS CIED Funds for the electrical upgrades; and
WHEREAS, the City Council of the City has determined that it is in the best interests of
the City to adjust the Budget and approve the expenditure related to the electrical upgrades, as
more fully set forth in this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS:
Section 1. The City shall adjust the Budget and shall recognize an additional $13,300.00
from the CPS CIED Fund to fund the electrical upgrades on Graytown Road.
Section 2. The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part
of the judgment and findings of the Council.
Section 3. All ordinances and codes, or parts thereof, which are in conflict or
inconsistent with any provision of this Ordinance are hereby repealed to the extent of such
conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters
resolved herein.
Section 4. This Ordinance shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
Section 5. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City
hereby declares that this Ordinance would have been enacted without such invalid provision.
Section 6. It is officially found, determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Ordinance, was
given, all as required by Chapter 551, as amended, Texas Government Code.
Section 7. This Ordinance shall be effective upon the date of final adoption hereof and
any publication required by law.
PASSED ON FIRST READING, the 25th day of June, 2013
PASSED, APPROVED and ADOPTED ON SECOND READING, the 9th day of July,
2013.
CITY OF SCHERTZ, TEXAS
Michael R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
(CITY SEAL)
50558021.1 - 2 -
Agenda No. 3
CITY COUNCIL MEMORANDUM
City Council Meeting: July 9, 2013
Department: Public Works
Subject: Resolution 13 -R -53 — Interlocal
Agreement regarding sanitary sewer
connections — Kensington Ranch (City
of Schertz and City of Selma)
BACKGROUND
A portion of the sanitary sewer system of the Trails at Kensington Ranch Subdivision is
currently connected via one or more Schertz sanitary sewer gravity lines to the Cibolo Creek
Municipal Authority sanitary sewer collection system. An Interlocal Agreement between
Schertz and Selma, dated January 1, 2007, was approved by the City Council of Schertz by
Resolution No. 07 -R -05 on January 23, 2007 and by the City Council of Selma on January
11, 2007.
The Kensington Ranch II Subdivision is currently being developed within the city limits of
Selma and due to the proximity of the Subdivision to Schertz's city limits and because both
cities have determined that it is the best engineering solution in connection with a possible
future regional sewer infrastructure, it is the desire to have landowners in the Kensington
Ranch II Subdivision connect to the City of Schertz sanitary sewer system to provide sewer
service to the Subdivision.
Number of Connections:
Original Agreement (2007): 327 Connections
New Agreement 2013): 381 Connections
Total Connections: 708 Connections
Goal
This Interlocal Agreement will repeal and replace Resolution No. 07 -R -05 to include
the Kensington Ranch II Subdivision.
Community Benefit
To work cooperatively with a sister city to provide adequate sanitary sewer service to
residents of the Kensington Ranch II Subdivision and to provide for a possible future
regional sewer infrastructure.
Summary of Recommended Action
Staff recommends that Council approve Resolution 13 -R -53 and proceed with the
Interlocal Agreement with the City of Selma.
FISCAL IMPACT
City of Selma pays $12.95 per connection per year.
RECOMMENDATION
Staff recommends approval of Resolution 13 -R -53
ATTACHMENTS
Resolution 13 -R -53
Exhibit "A" Trails at Kensington Ranch Subdivision
Exhibit `B" Kensington Ranch II Subdivision
RESOLUTION NO. 13 -R -53
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING A INTERLOCAL AGREEMENT
WITH THE CITY OF SELMA RELATING TO SANITARY SEWER
CONNECTIONS - KENSINGTON RANCH, AND OTHER MATTERS IN
CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the
City enter into a Interlocal agreement with the City of Selma relating to certain sanitary sewer
facilities; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
contract with the City of Selma pursuant to the Interlocal Agreement Regarding Sanitary Sewer
Connections — Kensington Ranch (City of Schertz and City of Selma) attached hereto as
Exhibit A (the "Agreement ").
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
Section 1. The City Council hereby authorizes the City Manager to execute and
deliver the Agreement with the City of Selma in substantially the form set forth on Exhibit A.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 9th day of July, 2013.
CITY OF SCHERTZ, TEXAS
Mayor, Michael R. Carpenter
ATTEST:
City Secretary, Brenda Dennis
(CITY SEAL)
50234811.1