Loading...
10-09-2012 MinutesMINUTES REGULAR MEETING JOINT EXECUTIVE SESSION WITH SCHERTZ ECONOMIC DEVELOPMENT CORPORATION October 9, 2012 A Regular Meeting and Joint Executive Session with the City of Schertz Economic Development Corporation was held by the Schertz City Council of the City of 'Schertz, Texas, on October 9, 2012, 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 Pro-Tem George Antuna Councilmember David Scagliola Councilmember Michael Carpenter Staff Present: Executive Director John Bierschwale Chief of Staff Bob Cantu City Attorney Katherine Tapley City Secretary Brenda Dennis CALL TO ORDER: Councilmember Jim Fowler Councilmember Cedric Edwards Executive Director Brian James City Attorney Michael Spain City Attorney Samantha Dyal Mayor Pro-Tem Antuna called the Regular Meeting to order at 6:00 p.m. and welcomed everyone. Mayor Pro-Tem Antuna mentioned that City Manager John Kessel and Executive Director of Support David Harris were attending the International City/County Management Association conference in Phoenix and Executive Director of Operations John Bierschwale would be sitting in. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND STATE OF TEXAS. Councilmember Fowler stated that he would be leaving this evening as he received information before the meeting that one. of his Sunday school teachers passed away and he was needed to help make the arrangements. Councilmember Fowler gave the invocation followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas Councilmember Fowler left the meeting at 6: 05 p.m. Presentations • Presentation and update regarding the Fire Department (J. Bierschwale/D. Covington) 10-09-2012 Minutes Mayor Pro -Tern Antuna recognized Fire Chief David Covington who provided a PowerPoint presentation regarding the activities and duties of the Fire Department. • Presentation recognizing key individuals for SchertzFest 2012 (J. Bierschwale/B. Cantu) Mayor Pro -Tern Antuna recognized Executive Director of Operations and Parks and Recreation Foundation Member John Bierschwale who recognized the following Parks and Recreation members who were present: • Bob Cantu • Cindy Raleigh • Jake Jacobs • Eddie McNew • Don McCrary + Nancy Kotzur • Ron LaJoie (not present) Mr. Bierschwale introduced Mr. Jake Jacobs who came forward providing a briefing on the recent activities of the Foundation. Mr. Bierschwale introduced Cindy Raleigh, Secretary of the Parks and Recreation Foundation, who came forward introducing and recognizing the following barbecue cooking teams who volunteered their time cooking the meat for the SchertzFest VIP/Hospitality area: • JD Davidsmeyer - JD Team Extreme BBQ • Darwin Hoel — with Giant BBQ Mayor Pro -Tern Antuna and Council presented them with a Certificate of Appreciation and a Gift card from H.E.B. Ms. Raleigh also thanked Miguel Ramirez and Milton Espinoza with Cielito Station Mexican Restaurant for donating the rice and beans for the hospitality area. She stated that they were unable to attend this evening and the Foundation would be delivering their certificate. Mr. Bierschwale recognized the following Foundation members who spoke in appreciation for their participation at the SchertzFest: • Sarah Gonzalez • Jutta Jacobs • Mary Spence Mr. Bierschwale presented the following members with flowers thanking them for their help on the barbecue event: • Sarah Gonzalez • Cindy Raleigh • Jutta Jacobs • Nancy Kotzur 10-09-2012 Minutes /1- • Mary Spence Lastly, Mr. Jake Jacobs provided a brief story of keys breaking on the Gators at the SchertzFest event. Mr. Jacobs presented Ms. Sarah Gonzalez with a large golden key award for "Most Keys Broken in One Evening". • Presentation and update regarding the Kramer House and Facilities Maintenance Projects (D. Harris/J. Villarreal) Mayor Pro-Tem Antuna recognized Facilities Tech Foreman Joe Villarreal and Facilities Maintenance Foreman Bruno Sepeda who provided a department PowerPoint briefing on the various projects and duties of their department. Cin Events and Announcements Announcements of upcoming City Events (D. Harris/J. Bierschwale/B. James) Mayor Pro-Tem Antuna recognized Executive Director of Operations John Bierschwale and Executive Director of Development Brian James who provided the following announcements: • Wednesday, October 10, 2012, 4' & Final Round of Public Workshops regarding the I-35 Study, Schertz Civic Center. • SchertzFest Event - Mr. Bierschwale thanked all City staff for their volunteer work. • National Night Out — Mr. Bierschwale thanked the Police and Fire Departments for their participation in the National Night Out events which were held October 2, 2012. 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. Mayor Pro-Tem Antuna recognized the following people who spoke: • Ms.. Janice Lapham, 5236 Columbia, Secretary for Fairhaven HOA, who thanked the City for attending their National Night Out Celebration. 10-09-2012 Minutes • Ms. Maggie Titterington, Schertz Chamber of Commerce President, who provided an update regarding the upcoming Chamber events. • Ms. Clare Layton, 12231 Lost Meadows, who provided comments regarding the voter information insert in the October issue of Schertz Magazine. She requested more information be given for the Bexar County voters. • Mr. David Richmond, 2921 Bent Tree, who thanked the Council and staff for the opportunity to attend the recent APA Conference in Fort Worth. He commented on the value and learning opportunities available at the conference for the Commissioners. • Mr. Robert Brockman, 1000 Elbel, who provided comments of corrections needed on Charter Amendment No. 4, for which it says "This authority does not allow the City Manager of City Council to forgive penalties and interest related to taxes to owed to the City." He believes the errors were pointed out two weeks ago and need to be corrected. He reported that the outside clock on the Council Chambers is incorrect and asked if someone would change it. Mr. Brockman also inquired about the procedure should there be a two way tie in the mayoral race. He asked if the charter provide measures if that should occur. City Attorney Michael Spain stated that State Law provides that they cast lots, and what this means is they draw short straw/long straw. 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 Pro -Tern or a Councilmember. Mayor Pro-Tem Antuna recognized Councilmember Carpenter who asked that item 5 be pulled from the consent agenda. City Attorney Katherine Tapley requested that item 7 be pulled as well. 1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of September 25, 2012. (J. Kessel/B. Dennis) 2. Resolution No. 12-R-90 — Consideration and/or action approving a Resolution authorizing a contract with Beck -Refit and Sons, LTD., relating to the Chelsea Drive Drainage Channel Improvements, and other matters in connection therewith. (J. Bierschwale/S. Willoughby) The following was read into record: RESOLUTION NO. 12-R-90 A- RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A CONTRACT WITH BECK-REIT AND SONS, LTD. RELATING TO THE CHELSEA DRIVE DRAINAGE CHANNEL IMPROVEMENTS, AND OTHER MATTERS IN CONNECTION THEREWITH .3. Resolution No. 12-R-91 — Consideration and/or action approving a Resolution authorizing a contract with R. L. Jones, LP relating to the Waterline Relocation on FM 1518 at Woman Hollering Creek, and other matters in connection therewith. (J. Bierschwale/S. Willoughby) 10-09-2012 Minutes The following was read into record: RESOLUTION NO. 12-R-91 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A CONTRACT WITH R.L. JONES, LP RELATING TO THE WATERLINE RELOCATION ON FM 1518 AT WOMAN HOLLERING CREEK AND OTHER MATTERS IN CONNECTION THEREWITH 4. Resolution No. 12-R-80 — Consideration and/or action approving a Resolution authorizing a First Amendment to Lease Agreement and a Development Agreement with Smith & Sons, Inc., and other matters in connection therewith. (J. Kessel/J. Bierschwale) The following was read into record: RESOLUTION NO. 12-R-80 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A FIRST AMENDMENT TO LEASE AGREEMENT AND A DEVELOPMENT AGREEMENT WITH SMITH & SONS, INC., AND OTHER MATTERS IN CONNECTION THEREWITH 6. Resolution No. 12-R-89 — Consideration and/or action approving a Resolution for applicable provisions of Texas State Law that grant Eminent Domain Authority to The City of Schertz Economic Development Corporation. (J. Kessel/D. Gwin) The following was read into record: RESOLUTION NO. 12-R-89 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 OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION'S EMINENT DOMAIN AUTHORITY IN TEXAS, AND OTHER MATTERS IN CONNECTION THEREWITH 8. Resolution No. 12-R-94 — Consideration and/or action approving a Resolution recommending a preferred route for the Lower Colorado River Authority's (LCRA) Transmission Line Project in the City of Schertz, Texas, and other matters in Connection therewith. (D. Harris/D. Harris) The following was read into record: 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 10-09-2012 Minutes RIVER AUTHORITY'S TRANSMISSION LINE PROJECT IN THE CITY OF SCHERTZ, TEXAS, AND OTHER MATTERS IN CONNECTION THEREWITH 9. 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. (Mayor Pro-Tem and Council) • Re -Appointment of Justin Murray to the Cibolo Valley Local Government Corporation. Mayor Pro-Tem Antuna recognized Councilmember Scagliola who moved, seconded by Councilmember Edwards to approve consent agenda items 1, 2, 3, 4, 6, 8, and 9 as presented. The vote was unanimous with Mayor Pro-Tem Antuna and Councilmembers Scagliola, Edwards, and Carpenter voting yes and no one voting no. Motion carried Mayor Pro-Tem Antuna recognized Members present: • Harry Whitney, President • Angelina Kiser, Vice President • Tim Brown, Secretary/Treasurer • Roy Richard, Director • Rosemary Scott, Director • Matthew. Duke, Director • Marvin Thomas, Director Joint Executive Session the following Economic Development Corporation Board Mayor Pro-Tem Antuna recessed into the Joint Executive Session with the City of Schertz Economic Development Corporation at 7.00 p.m. Called under: Section 551.087 Texas Local Government Code — Deliberation regarding Economic Development Negotiations. Reconvene into Regular Session Mayor Pro-Tem Antuna reconvened into Regular Session at 8:19 p.m. Discussion and/or Action Items 5. Resolution No. 12-R-88 — Consideration and/or action approving a Resolution authorizing the funding in the amount of $49,500 to continue the Annual Membership in the Lone Star Rail District. (J. Kessel/D. Gwin) The following was read into record: 10-09-2012 Minutes RESOLUTION NO. 12-R-88 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING ANNUAL MEMBERSHIP WITH THE LONE STAR RAIL DISTRICT, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Pro-Tem Antuna recognized Councilmember Carpenter who stated the reason he asked that this item be removed from the consent agenda was to state that normally he votes against this every year. Since that time, he has been convinced otherwise to vote for the participation. He stated that funding issues in the last two years have changed, as well as the game. Because of our economic growth in the direction of where the potential rail stop will be, as well as the work being done by staff, it looks more like it should have years ago. He sees the potential of a revenue stream and an economic growth position and that is why he will be voting for this item tonight. Mayor Pro-Tem Antuna also provided his comments on how valuable it is to be a participating member. Mayor Pro-Tem Antuna recognized Councilmember Carpenter who moved, seconded by Councilmember Edwards to approve Resolution No. 12-R-88. The vote was unanimous with Mayor Pro-Tem Antuna and Councilmembers Scagliola, Edwards, and Carpenter voting yes and no one voting no. Motion carried. 7. Resolution No. 12-R-93 — Consideration and/or action approving a Resolution authorizing a Chapter 380 Agreement with the City of Schertz, the City of Schertz Economic Development Corporation, and the Center for Entrepreneurship, and other matters in connection therewith. (J. Kessel/D. Gwin) The following was read into record: RESOLUTION NO. 12-R-93 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A CHAPTER 380 AGREEMENT WITH THE CITY OF SCHERTZ, THE CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION, AND THE CENTER FOR ENTREPRENEURSHIP, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Pro-Tem Antuna recognized City Attorney Katherine Tapley who stated that she asked item be removed from the consent to make clarifications. She stated that in the Council packets you have copies of the signed agreement with the Center for Entrepreneurship. This is the agreement what was informally approved by the Schertz Economic Development Corporation and Council in 2011. This is the agreement memorializing that. She stated that we are still waiting on one final document that needs to be signed by the Center for Entrepreneurship, which is a certificate from their board stating that they have approved and authorized the agreement. She stated we will not be routing this for final signatures until the certificate is received. 10-09-2012 Minutes Mayor Pro-Tem Antuna recognized Councilmember Edwards who moved, seconded by Councilmember Carpenter to approve Resolution No. 12-R-93. The vote was unanimous with Mayor Pro-Tem Antuna and Councilmembers Scagliola, Edwards, and Carpenter voting yes and no one voting no. Motion carried Councilmember Fowler returned to the meeting at 8.25 p.m. 10. Ordinance No. 12-M-22 - Conduct a Public Hearing and Consideration and/or action approving an Ordinance by the City Council of the City of Schertz, Texas increasing the monthly drainage fee by $1.40 across all customer classifications; repealing all ordinances or parts of ordinances in conflict with this ordinance; and providing an effective date. Final Reading (J. Bierschwale/S. Willoughby) The following was read into record: ORDINANCE NO. 12-M-22 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS INCREASING THE MONTHLY DRAINAGE FEE BY $1.40 ACROSS ALL CUSTOMER CLASSIFICATIONS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE Mayor Pro-Tem Antuna recognized Executive Director of Development Brian James who presented information regarding the increase in the monthly drainage fee answering and clarifying the purpose for increasing the fee. Mayor Pro -Tern Antuna recognized City Attorney Michael Spain who stated that last time we held a public hearing our rules provide that the Chair can establish procedural rules for public hearings. If you choose not to do so, then public hearings are conducted under the same procedures as the hearing of residents, with the limit of 3 minutes for the public to make presentation and comments. Mayor Pro-Tem Antuna indicated that he would allow the citizens to speak with the 3 minute time limit. Mayor Pro-Tem Antuna opened the public hearing and recognized the following: Mr. Steve Layton, 12231 Lost Meadows, who spoke in favor of the increase, but had an issue with the wording as it relates to the wording on the agenda regarding "across all customer classifications." Mr. Steve White, 805 Main Street, who asked a question to the Council. He stated that after listening to the budget hearings he was under the impression that the hiring of a storm water manager was going to be put off for a couple of months or quarter to facilitate a little savings. He wanted to know if that was still in progress. As no one else spoke, Mayor Pro-Tem Antuna closed the public hearing and opened the discussion on the item. 10-09-2012 Minutes Mayor Pro-Tem Antuna recognized Executive Director Brian James who stated that it is going to take some time each month to drive the revenue that is needed. From the staff prospective, getting the storm water manager on board early on is a priority to help us complete the other things in conjunction with the fee. He stated there is a process of crafting the job description, advertising and posting for the position, and finally conducting the interviews. He believes that the individual will not be coming on board until after the first quarter, but he wants to get this individual on board as soon as possible. Mr. James stated that this is a critical position and staff needs to clearly identify what they want the individual to do as well as what skill set is needed. Executive Director John Bierschwale concurred that the individual will probably come on board after January. Mr. James and Mr. Bierschwale addressed Council questions regarding the drainage study for South Schertz area. City Attorney Michael Spain addressed Mr. Layton's concern regarding the agenda language. Mayor Pro-Tem Antuna recognized Councilmember Edwards who moved, seconded by Councilmember Carpenter to approve Ordinance No. 12-M-22 final reading. The vote was unanimous with Mayor Pro-Tem Antuna and Councilmembers -Fowler, Scagliola, Edwards, and Carpenter voting yes and no one voting no. Motion carried. Roll Call Vote Confirmation Mayor Pro-Tem Antuna recognized City Secretary Brenda Dennis who recapped the votes from the consent agenda items 1, 2, 3, 4, 6, and 9, and discussion items 5, 7, and 10. Mayor Pro- Tem Antuna recessed into Executive Session at 8:40 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 551.074 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 Re�_,iilar Session Mayor Pro-Tem Antuna reconvened into Regular Session at 8:5 7p.m. 10-09-2012 Minutes 11. Take any action deemed necessary as a result of the Executive Session or Joint Executive Session. (Roll call, if a vote is required) Mayor Pro-Tem Antuna recognized Councilmember Carpenter who moved, seconded by Councilmember Scagliola that the City acquire approximately 1.205 acres of property from Harvey J. Halter Jr. (legal description: Lot 9 Blk: Addn: Bavarian Village 1.1670 acres on Pecan, and Lot 12 Pt of Blk: Addn: Bavarian Village 0.0450 acres on Oak Street) for a not to exceed price of $24,000, including purchase price, closing costs, and 2012 taxes. The vote was 4-0-I with Mayor Pro-Tem Antuna and Councilmembers Fowler, Scagliola, and Carpenter voting yes and Councilmember Edwards abstaining. No one voted no. Motion carried. Mayor Pro -Tern Antuna recognized City Secretary Brenda Dennis who recapped the votes from the executive session item. Requests and Announcements 12. Announcements by City Manager • Citizen kudos • Recognition of City employee actions • New departmental initiatives No announcements given. 13. Requests by Mayor Pro -Tern and Councilmembers that items be placed on a fature City Council agenda. No requests for items. 14. Requests by Mayor Pro -Tern and Councilmembers to City Manager and Staff for information. No information requested 15. Announcements by Mayor Pro -Tern 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 Pro -Tern Antuna recognized Councilmember Fowler who thanked Council and staff for the flowers sent, as he had had minor surgery on his nose. 10-09-2012 Minutes Mayor Pro-Tem Antuna recognized Councilmember Scagliola who stated that last week he attended the National Night Out celebrations and thanked staff for coordinating the events. He also stated that he was invited to a coffee in support of Susan Narvaiz, former Mayor of San Marcos, who is running for US Congress District 35. Councilmember Scagliola stated he is not going to tell people to go out and vote for a particular person, but does recommend you get out there and exercise your right to vote. Mayor Pro-Tem Antuna recognized City Attorney Michael Spain who stated that the West Nile Virus is a real disease. He stated that last week a fellow partner and good friend passed away from this and individuals really need to realize how dangerous it is. Mayor Pro-Tem Antuna stated that he also attended the National Night Out events last week and commented on the great turnout and participation. Ad i ournment As there was no further business, the meeting was adjourned at 9: 09 p.m. Mayor ro-Tem Ant una , AT QR Brenda Dennis TP AC, MMC, CPM, City Secretary 10-09-2012 Minutes l)