07-10-2012 MinutesMIN-[]TES
REGULAR MEETING
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A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on July 10,
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 Jim Fowler
Councilmember Michael Carpenter
Councilmembex David Scagliola
Councilrriember Cedric Edwards
Staff Present:
Executive Director John Bierschwale
Chief of Staff Bob Cantu
City Secretary Brenda Dennis
CALL TO ORDER REGULAR MEETING
City Manager John Kessel
Executive Director Brian James
City Attorney Michael Spain
Mayor Pro-Tem Antuna called the meeting to order at G:00 p.m. and welcomed everyone. Mayor
Pro-Tem Antuna recognized SCUCISD Superintendent Greg Gibson who was in attendance this
evening.
INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED
STATES AND 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.
Presentation
• Police Olympic Award Presentation (J. Bierschwale/M. Bane)
Mayor Pro-Tem Antuna recognized Interim Police Chief Mike Harris and Captain Mark
Bane who stated Cpl. Steve Rolison recently represented the- Schertz Police Department in
the 2012 Police Olympics which were held in Austin, Texas. This annual event brings
competitors from law enforcement agencies from around the State of Texas. Cpl. Rolison
took part in b separate events and placed in each event.' Cpl. Rolison brought home 2 -Gold
Medals, 2 -Silver Medals, and 2 -Bronze Medals.
1500 Meter Run -Gold
800 Meter Run -Gold Overall
5k Run - Silver
6 Mile Cycling Time Triai -Silver
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1600 Relay -Bronze
30 Mile Cycling Race -Bronze
• Teen Court Scholarship Program Awards (J. Bierschwale/D. Dullnig)
Mayor Pro-Tern Antuna recognized Prosecutor Darrell Dullnig who presented Cyndi Tusko
and Katie Krauss -Samuel Clemens High School with a $500,00 Scholarship. Mayor Pro-
Tem Antuna and Council congratulated Cyndi and Katie.
• Wilenchik Walk for Life Award Presentations (J. Bierschwale/M. Spence}
Mayor Pro-Tem Antuna recognized Events Coordinator Mary Spence who provided the
following information regarding the Wilenchik Walk far Life 2012 Awards:
1St Place Team T-Shirt
2na Place Team T-Shirt
1St Place T-Shirt City
2na Place T-Shirt City
Most Funds Individual
Most Funds Team
151 Place Mast Funds City
2na Place Most Funds City
Team Chamber
Alan's Angels (Judy Sanders)
Team Luna Chicks
Team Public Works
Tina Smith {Little Firefighter Foundation)
Stallion Staxnpede (Sippel Elementary)
Team Fire Department $5,354.28
Team Public Works $3,735.78
Mayor Pro-Tem Antuna, City Manager John Kessel, and Executive Director John Bierschwale
presented the awards.
City Events
Announcements of upcoming City Events (D. Harris/J. BierschwaleB. James)
llto announcements given.
Hearin of Residents
This time is set aside for any person who wishes to address the City Council. Each person should f 11
out the speaker's register prior to the meeting. Presentations should be limited to no more than 3
minutes. Y
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 maybe 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 off cer, during the
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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-Tenn Antuna reminded the citizens of the proper decorum. Mayox Pro-Tem Antuna
recognized the following people who spoke:
Clare Layton, 12231 Lost Meadows Drive, who applauded the Council regarding the format
of Hearing of Residents.
Guy and Rosemary Scott, 3576 Old Moss, who asked Council to consider starting the
Council meetings at 6:30 p.m. to allow those that work and drive from Bexar County the
opportunity to get to the meetings.
Mayor Pro-Tem Antuna recognized the following who spoke regarding the issues o£ accountability,
consumer protection, issues with their homes, requesting Council to approve their proposed
ordinances, and for Pulte to buy back their homes:
• Ryan Mahoney, 5233 Columbia Drive
• John Fitzgerald, 5304 Storm King
Dan Hollestelle, 5525 Columbia
• Donna Fitzgerald, 5304 Storm King
• Sherry Clark, 5269 Brookline
• Janet Ahmad, 1$ Silverhorn, San Antonio
Consent Aaencla
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 xemoved from the
Consent Agenda upon the request by the Mayor Pro-Tem or a Councihnember.
Minutes -Consideration and/or action regarding the approval of the minutes of the Regular
Meeting of June 26, 2012. (J. Kessel/B. Dennis)
2. Resolution No. 2012-R-b3 -Consideration and/or action approving a Resolution authorizing
an IzLterlocal Agreement with Schertz-Cibolo-Universal City Independent School District. (B.
Jannes/M. Sanchez)
The following caption was read into record:
RESOLUTION NO. 12-R-63
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF
SCHERTZ AND THE SCHERTZ-CIBOLO-UNIVERSAL CITY INDEPENDENT
SCHOOL DISTRICT FOR THE PURPOSE OF DESIGNATING PROCEDURES,
PROCESSES, AND FEE STRUCTURES WITH REGARD TO CODES AND
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REGULATIONS CONTROLLING CONSTRUCTION ACTIVITIES FOR
PROPERTY OWNED BY THE DISTRICT AND OTHER MATTERS IN
CONNECTION THEREWITH
3. Bezar Metra 911 Proposed FY 2013 Budget -- Consideration and/or action approving the
Bexar Metro 911 Network District's Proposed Fiscal Year 2013 Budget. (J. Bierschwale/D.
Wait)
4. Resolution No. 2012-R-64 -Consideration and/or action approving a Resolution authorizing
a temporary License Agreement with Archer Western Construction, LLC. (B. JaxneslM.
Sanchez)
The following caption was read into record:
RESOLUTION NO. 12-R-64
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A TEMPORARY LICENSE AGREEMENT FOR THE ACCESS TO
AND USE OF CITY PROPERTY AS A STAGING AREA FOR THE
CONSTRUCTION OF THE SAN ANTONIO WATER SYSTEMS (SAWS) WATER
TANK AND RELATED FACILITIES AND OTHER MATTERS IN CONNECTION
THEREWITH
5. Resolution Na. 2012-R-65 -Consideration and/or action approving a Resolution authorizing
the release of Schertz's Sewer Certificate of Convenience and Necessity that is located inside
the City of Cibolo's City Limits. (J. Bierschwale/S. Willoughby}
The following caption was read into record:
RESOLUTION NO. 12-R-65
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING THE RELEASE OF THE SEWER CERTIFICATE OF
CONVENIENCE AND NECESSITY FOR CERTAIN AREAS OUTSIDE THE CITY
LIMITS OF SCHERTZ, TEXAS, AND OTHER MATTERS IIV CONNECTION
THEREWITH
Mayor Pxo-Tem Antuna recognized Councilmember Edwards who moved, seconded by
Councilmember Fowler to approve consent agenda items 1 through 5, The vote was
unanimous. Motion carried.
Discussion and/or Action Items
6. Ordinance No. 12-T-15 -Consideration and/or action approving an Ordinance repealing
Ordinance No. 09-T-02 and the City of Schertz 380 Program established therein; adopting a
new Economic Development Incentive Policy; and providing an effective date. First
Reading (J. Kessel/D. Gavin)
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The following caption was read into record:
ORDINANCE NO. 12-T-15
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
REPEALING ORDINANCE 09-T-02 AND THE CITY OF SCHERTZ 380 PROGRAM
ESTABLISHED THEREIN; ADOPTING A NEW ECONOMIC DEVELOPMENT
INCENTIVE POLICY; PROVIDING AN EFFECTIVE DATE; AND OTHER
MATTERS IN CONNECTION THEREWITH
Mayor Pro-Tem Antuna recognized Economic Development Director David Gwin who
introduced this item stating that action requested of Council is to consider and adopt an
active Development lncentive Policy {"Policy") for the City of Schertz (the "City") and the
City of Schertz Economic Development Corporation ("SEDC"). Under Texas Local
Governument Code, Chapter 380 ("380 Program"), a governing body of a municipality may
establish and provide for the administration of one or mare programs to promote state and
local economic development and to stimulate business and commercial activity in the
municipality. Without an adopted policy and program, a municipality cannot provide public
resources to facilitate development. The current Policy, as established by Ordinance 09-T-02,
has expired. The SEDC has updated the Policy and desires to repeal Ordinance 09-T-02 and
replace it with Ordinance 12-T-15. Ordinance 12-T-15 will enable the City to provide
development incentives to appropriate investment projects and initiatives. Staff recommends
approval.
Mayor Pro-Tem Antuna recognized Councihnember Edwards who stated that he would like
to see the proposed changes before approving this item, Council concurred. No action
taken.
7. City Charter Amendments - Conduct a public hearing and consideration andlor action
regarding proposed City Charter Amendments. (J. KessellM. Spain)
Mayor Pro-Tem Antana recognized City Attorney Michael Spain who provided the
following information regarding .the proposed City Charter amendments and answered
questions from Council.. Mr. Spain provided a brief PowerPoint presentation regarding the
proposed charter amendments. The presentation included staff recommendations for certain
charter amendments for the Novembex election and outlined the proposed amendments that
staff felt should go to a charter review commission:
Number ].
Sections 4.09(e)(1) and 11.02
Franchise Ordinances -Delete the Charter requirement that dra$ franchise ordinances be
published in full in the City's of#icial newspaper after fixst reading and before final reading.
Rationale•
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• newspaper publication in legal notices is very expensive {franchise ordinances may be
15-20 pages long)
• first reading ordinances are often modified before final reading
• proposed franchise ordinances can be put on City's website for no charge
• little evidence that newspaper legal notices of this type are seen by the public
• cost savings recommended by the City Council in the 2008 Charter amendment election
Number 1
Proposed Proposition
Charter Amendment No. 1
"Shall Sections 4A9(e)(1} and 12.02 of the existing City Charter be amended to delete
the requirement of publishing in the official newspaper of the City an entire franchise
ordinance as a requirement for such ordinance to be effective?"
Charter Pro osition No. f
"Shall the City be authorized to amend the City Charter as provided in
Amendment No. 1?" ~
Yes No
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Number 2
Section 6.07(a}
Tax Assessor-Collector -Clarify existing practice of contracting far assessor-collector
services rather than employing anassessor-collector
Rationale:
• clarifying changes only, no change to existing practice
• City Manager recommends contracting with an experienced assessor-collector
(currently Guadalupe County); if City Council agrees, City need not hire a separate
assessor-collector, resulting in cost savings
• Council should consider not requiring a surety bond if the City is sufficiently covered
on the contracted assessor-collector's existing surety bond
• City retains option {never exercised) of hiring its own assessor-collector
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Number 2
Charter Amendment No. 2
"Shall Section 6.07(a) of the existing City Charter relating to the Office of Taxation be
amended to read as follows?"
"(a) Assessor-Collector. The City Manager shall appoint, and may remove, the City's
Assessor-Collector of taxes. The City Council may, in the interest of economy and
efficiency and on the recommendation of the City Manager, authorize the City Manager to
contract with an individual or another political subdivision as Assessor-Collector to handle
the assessment and/or collection of taxes, and no separate Assessor-Collector need be
appointed in such case. The Assessor-Collector shall give a surety bond far the faithful
performance of his or her duties including compliance with all controlling provisions of the
State law bearing upon the fiu~ctions of his or her office in a sum which shall be fixed by the
City .Council, but in no event shall the amount be less than twenty thousand dollars
($20,000), the cost to be borne by the City; provided, if the Assessor-Collector is an officer
of another political subdivision providing services to the City by contract and if the City
Council determines that the Assessor-Collector's existing surety bond sufficiently protects
the City, no fiu-ther surety bond shall be required."
Charter Pro osition No. 2
"Shall the City be authorized to amend the City Charter as provided in Amendment No. 2?"
Yes No
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Number 3
Section 6.07(e)
Authori _ to Grant Certain Penalty and Interest Waivers -The Charter currently forbids waivers
of any City penalties and interest charges. Staff believes that, in the interest of justice and to
avoid hardship, the City should have the ability to waive certain penalties and interest for non-
critical fines.
Rationale:
Staff believes that Section 6A7(e) was intended to prevent the waiver of penalties and
interest relating to City taxes
the revision would retain the direction not to waive penalties and interest on taxes
The City Manager would have authority only to waive non-tax penalties and interest, which
would only be considered in the case of citizen hardship
Number 3
Proposed Proposition
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Charter Amendment No. 3
"Shall Section 6.07(e} of the existing City Charter relating to the City Council's authority to
forgive current or delinquent penalties and interest be amended to read as follows?"
"(e) Tax Remissions, Discounts and Compromises. Neither the City Manager nor the City
Council shall have the right to forgive any current or delinquent taxes or penalty and interest
related to taxation except in cases of errax or otherwise as permitted by State law."
Charter Pro osition No. 3
"ShaII the City be authorized to amend the City Charter as provided in Amendment No.
3?"
Yes No
Number 4
Section 9.01
Regular City Election Date -Change City general election date from May to November
Rationale:
The City has historically held its general election in May of each year, but the Council has
considered the pros and cons of moving to a November general election. date and wants
guidance from the electorate
Number 4
Proposed Proposition
CHARTER AMENDMENT N0.4
"Shall Section 9.01(a) of the existing City Charter relating to regular election dates be amended
to change the City's regular election date from May to November and with transition provisions
to read as follows?"
"(a) Regular Elections. The regular City election shall be held on the uniform election date in
November in each calendar year commencing in 2013 or as otherwise required by applicable
State laws. If this provision is approved by the voters in the election of November 6, 2012, the
terms of all members of the City Council serving following such approval shall end, and their
successors' two-year terms shall commence, on the following dates; for Counciimembers Place
3, Place 4, and Place 5 - on the regular election date in 2014 and as to their successors
commencing on each even-numbered year thereafter; and for Mayor and Councilmembers Place
1 and Place 2 -- on the regular election date in 2015 and as to their successors commencing on
each odd-numbered year thereafter."
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CHARTER PROPOSITION N0.4
"Shall the City be authorized to amend the City Charter as provided in Amendment
No. 4 ?"
Yes Na
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Considered but not Recommended
by City Staff
Five should go to a future CRC
1. Section 4.01
Number 1
City Council Terms -Change from two to three years
Rationale:
• Three-year terms would theoretically provide somewhat greater City Council stability
• This sort of change should o throu h a Charter Review Commission
Number 2
2. Section 4.05
Manor Pro-Tem -Change to have the Mayor Pro-Tem selected by a majority vote of the City
Council members as opposed to deteiznining the Mayor Pro-Tem by place number
Rationale:
• City Council may be best served by selecting the Mayor Pro-Tem from the majority
consensus rather than by rotation for a variety of reasons, including ability to serve,
experience, and the like. This could help avoid theoretically difficult situations that would
impede the smooth transition of power.
• This type of change should o throu h a Charter Review Commission
3. Section 4.07
Number 3
City employees elected to City Council -require resignation from employment
Rationale:
• It would be inconsistent with good management practice for a member of the City Council to
6e an employee of the City, but (a} this situation has never occurred and (b) conflict of
intexest rules may resolve any problems
• This sort of change should o throu h a Charter Review Commission
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Number 4
4. Section 6.06
City Secretary -Change appointment and removal of the City Secretary and Deputy City
Secretary from the City Council to the City Manager
Rationale:
• City Council has little or no knowledge of day-to-day operations of the City Secretary's
office and lacks ability to review job performance
• City Secretary and Deputy City Secretary already report administratively to the City Manager
• Fill this administrative position through the City Secretary's supervisor in the same manner
as all othex City administrative positions are filled
• This type of change should ~o through a Charter Review Commission
S. Section 10,03
Number 5
Petitions -Increase number and possibly the percentage of required signatures
Rationale:
• The number of signatures required for various petitions was established when the City was
very small, but the petition. process has not been abused by small factions of voters
• This type of change should go through a Charter Review Commission
Considered but not Recommended
by City Staff
Three are not necessary at all
1. Section 5.03
Number 1
City Manager's Powers and Duties -Modify to permit granting all City Manager powers and
duties to his or her designees
Rationale:
• The City Manager already has the authority to delegate a number of his or her
responsibilities, and there is not a "problem" that requires fixing
2. Section 7.10
Number 2
Du-ector of Finance -Delete surety bond requirement
Rationale:
• The required bond amount is small and inexpensive, but deletion of this requirement has
negative implications
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Number 3
3. Section 9.02
Filing Fees -Increase filing fee for City Council candidacy froze $5 to cover adminishative
handling costs
Rationale:
The current $5 filing fee does not cover the cost of processing candidacy applications, but
this can be dealt with without a Charter amendment although the current Charter sets a
"default" $5 fee, it also pexmits City Council to set a different fee
Mayor Pro-Tem Antuna opened the public hearing and recognized the following:
• Steve White, 805 Main, spoke regarding concerns of changing election to November as it
might possibly introduce partisan politics.
• Robert Brockman, 1000 Elbel, who agreed with Mx. White. He asked if Council had given
any thought about the individuals holding place 1 & 2 if they file for the Mayor's Position,
should they have to give up their seat as opposed to 3, 4, & 5 who do not. He addressed
questions regarding the City's official newspaper and its circulation in Bexar County as
opposed to Guadalupe County.
• Rosemary Scott, 3476 Old Moss, who spoke in favor of moving the election to November.
• David Richmond, 2921 Bent Tree, who expressed concern regarding the cost to move the
election to November.
As no one else spoke, Mayor Pro-Tem Antuna closed the public hearing for Council comments.
City Attorney Michael Spain addressed the above citizens' questions and concerns. Mr. Spain
corrected information given earlier that the cast of moving the elections to November would
increase due to staffing the increased number of early voting and election day precincts as
apposed to one location for May, Mr. Spain stated that in addition to calling the charter election,
this ordinance also includes information on the Mayoral election scheduled for November 6,
2012. By combining these two election ordinances into one ordinance, the City will be able to
publish these ordinances as one ordinance, which will lower the City's publication costs related
to the election.
Mayor Pro-Tem Antuna recognized Councilmembers Fowler and Scagliola who expressed
concerns regarding effectiveness and efficiency. Councilmember Edwards expressed concerns
regarding the proposed language for amendment #1. He requested that it be reworded for citizens
to understand the change. Councilmember Carpenter expressed his desire to include an
amendment to the Charter regauding haw the Mayor Pro-Tem is chosen; Councihnember
Scagliola concurred.
Mayor Pro-Tem Antuna recognized City Attorney Michael Spain who stated that he would
include the amendment regarding the selection of the Mayor Pro-Tem along with the four other
07-10-2012 Minutes
amendments being proposed for first reading next week, July 17, 2012. At that time the Council ,
will be voting on the proposed amendments that will be considered with final reading being on
July 24, 2012.
Mayor Pro-Tem Antuna recognized City Manager John Kessel who stated that the public
hearings have been very valuable and extremely helpful for this process.
Mayor Pro-Tem Antuna moved into Executive Session at 8:22 p.m.
Executive Session
Called under Section:
• 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 of certain public
officials and employees;
• Section 551.074 The appointment, employment, evaluation, reassignment, duties, ~
discipline, or dismissal of the City Manager;
• Section SSIAS7 Texas Government Code - Deliheration regarding Economic
Development Negotiations.
Mayor Pro-Tem Antuna reconvened into regular session at 9:36 p.m.
S. Take any action deemed necessary as a result of the Executive Session.
No action taken.
Requests and Announcements
9. Requests by Mayor Pro-Tem and Councilmembers that items be placed on a future City
Council agenda.
No items requested;
10. Requests by Mayor Pro-Tem and Councilmembers to City Manager and Staff for
information.
Na requests given.
07-10-2012 Minutes
11. Announcements by Mayor Pra-Tem 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 Pro-Tem Antuna welcomed back Councilmembers Fawler and Scagliola.
Mayor Pro-Tem Antuna recognized Councilmember Fowlex who stated he is glad to be back.
Councilmember Fowler stated he attended the First Voice Luncheon (Realtor Organized)
hosted by Schertz Economic Development Corporation today. He commented that the
presentations were very professional and gave kudos to those involved.
Mayor Pro-Tem Antuna recognized Councilmember Scagliola who stated he was glad to be
back from his Alaska trip. Councilmember Scagliola stated he also attended the First Voice
Luncheon today. He stated he also attended the 4~ of July event and thanked everyone
involved in making it a success.
Mayor Pro-Tem Antuna recognized Councilmember Edwards who stated he too attended the
4~' of July event as well as the First Voice Luncheon today. Councilmember Edwards stated
that he has a police scanner at home and was listening to an accident that had taken place on
the interstate and thanked all those involved, especially Henry Gutierrez who provided dump
trucks to the scene so quickly.
Mayor Pro-Tem Antuna stated he attended the 4~' of July event and thanked everyone for
their assistance in making the event successful. He commented on missing the marching
bands this year.
Mayor Pro-Tem Antuna stated that he and Executive Director Bxian James attended the San
Antonio Mobility Coalition on Monday. He also thanked those who organized the First
Voice Luncheon today and gave kudos to the Economic .Development Corporation.
12. Announcements by City Manager
Mayor Pro-Tem Antuna recognized City Manager John Kessel who stated that the 4`~ of July
event was amazing and gave special thanks to Sarah Gonzalez, Cindy Raleigh, and Jutta
Jacobs for theix preparation efforts on the BBQ event.
Mr. Kessel read an email he received from Seguin City Manager, Doug Faseler stating he
was traveling on the Interstate and his boat cover blew off. He pulled over and called Schertz
911 for assistance. 911 dispatched an officer who retrieved the boat cover and returned it to
him.
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Mr. Kessel congratulated the Economic Development Corporation who held their first series
of meetings today with First Voice, an organization of top producing Realtors and San
Antonio local business professionals. He expressed his comments regarding the success.
Mr. Kessel also stated the new HR Director, Joshua Smith started this week and stated he
would be formally introduced at the next Council meeting,
Ad'oarn~nnent -
Mayor Pro-Tem Antuna adjourned the meeting at 9:53 p.m.
A ` FAST:
. ) L.
rends ennis, TRMC, MMC, CPM City Secretary
1 '
o em George tuna
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