08-14-2012 MinutesMI1ViJTES
REGULAR MEETING
August 14, 2012
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on August
14, 2012, at 6:40 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
Councihnember David Scagliola
Councilmember Jixn Fowler
Councilmember Michael Carpenter
Staff Present:
Executive Director John Biexschwale
Executive Director Brian James
City Attorney Michael Spain
City Secretary Brenda Dennis
Councilmember Cedric Edwards was absent
CALL TO ORDER:
City Managex John Kessel
Executive Director David Harris
Chief of Staff Bob Cantu
City Attorney Samantha Dyal
Mayor Pro-Tem Antuna called the Regular Meeting to order at b:40 p.m. and welcomed everyone.
Mayor Pro-Tem Antuna
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.
Mayor Pro-Tem Antuna announced that Mrs. Barbara Baldwin is out of the hospital and now at
home recovering.
City Events
Announcements of upcoming City Events (D. Harris/J. BierschwaleB. James}
Mayor Pro-Tem Antuna recognized Executive Director David Hams who provided the fallowing
announcements;
• Wednesday, August I5, 2412, Second Comrraunity Budget Presentation -Schertz United
Methodist Church, 7:40 p.m.
• Monday; August 20, 2012, at 5:00 p.m., last day for filing application for place on the ballot
for the Special Election of November b, 2012.
• Tuesday, August 21, 2012, First Public Hearing on the tax rate ar~d the FY2012-13 Budget.
• Tuesday, August 28, 2012, Second Public Hearing and first vote on the FY2012-13 Budget.
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• Tuesday, September 4, 2412, Second Vote and Adoption of the FY 2012-13 Budget.
Hearing of Residents
.This time is set aside for any person who yvishes 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 specif c
factual information given in response to any inquiry, a recitation of existingpolicy 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 foIlawing who spoke;
• Mr. Steve Layton, 12231 Last Meadows Drive, who addressed Council on the floodplain and
floodway at FM 3009 and Dimrock.
• Ms. Donna Fitzgerald, 5304 Storm King, who addressed Council regarding the concerns of
failing foundations within the Fairhaven Subdivision.
• Ms. Anneka Dahle, 9120 E. FM 1518 N, who updated the Council on her recent European
Open Junior Dog Agility Competition. Ms. Dahle thanked Mayor Pro-Tem and Council as
well as the citizens of Schertz for their donations.
• Mr. Ryan Mahoney, 5233 Columbia Drive, who address Council regarding the issues that
still exist in the Fairhaven Subdivision,
• Mr. Jury Hansmann, 7205 FM 482, who addressed Council regarding property on lH 35 that
he owns the trust interest in and would like to donate some land to build the new Animal
Shelter izz that area.
Mayor Pxo-Tem Antuna recognized and introduced the following who wexe in attendance this
evening:
• Mr. Ernest Bailey, who is being placed on the Schertz Housing Authority Board.
• Mr. David Roman,.who is being placed on the Schertz Historical Committee.
• Ms. Mynette Benedict, Executive Director of the Schet~tz Housing Authority Board.
Consent A enda
The .Consent Agenda is considered to be sel#=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-Tem or a Councihnember.
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1. Minutes -Consideration and/or action regarding the approval of the minutes of the Regular
Meeting of August 7, 2012. (J. KessellB. Dennis)
2. 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. Final
Reading (J. KessellD. Gwin)
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
3. Ordinance No. 12-D-18 -Consideration and/or action approving an Ordinance amending
Section 86-115 Maximum Limits Generally on Specific Streets to include Boenig Drive from
Ware Seguin Road to Scenic Lake Drive to 30 mph. Final Reading (J. Bierschwale/L.
Busch)
The following caption was read into record:
ORDINANCE NO. 12-D-18
AN ORDINANCE BY THE -CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ,
TEXAS BE AMENDED BY REVISING SECTION 86-115, MAXIMUM LINIITS
GENERALLY ON SPECIFIC STREETS; AND PROVIDING AN EFFECTIVE
DATE.
4. Ordinance No. 12-D-19 - Cansideration andlor action approving an Ordinance amending
Section 86-115 Maximum Limits Generally on Specific Streets to include Graytown Road
from Boenig Drive to IH 10 to 40 mph. Final Reading {J. BierschwalelL. Busch)
The following caption was read into record:
ORDINANCE N0.12-D-19
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ,
TEXAS BE AMENDED BY REVISING SECTION 86-115, MA%IMIIM LIlVIITS
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GENERALLY ON SPECIFIC STREETS; AND PROVIDING AN EFFECTIVE
DATE.
5. Ordinance Na. 12-D 20 -Consideration and/or action approving an Ordinance amending
Section 86-149 Parking Prohibited to increase the minimum 30 foot parking prohibited zone
on the Southeast corner of Westchester Drive and E1beI Road to a 60 foot parking prohibited
zone. Final Reading (J. Bierschwale/L. Busch)
The following caption r~+as read into record:
ORDINANCE NO. 12-D-20
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ,
TEXAS BE AMENDED BY REVISING SECTION 86-149 PARKING PROHIBITED
ON ROADWAYS MAINTAINED BY THE CITY OF SCHERTZ; AND PROVIDING
AN EFFECTIVE DATE.
6. Resolution No. 12-R-70 -- Consideration andlor action approving a Resolution by the City
Council of the City of Schertz, Texas authorizing an Interlocal Agreement to accept $25,000
from Cibolo Creek Municipal Authority (CCMA} for the construction of a Skate Park 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 caption was read into record:
RESOLUTION NO. 12-R-70
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING AN INTERLOCAL AGREEMENT TO ACCEPT ~ $25,000 FROM
CIBOLO CREEK M[TN~ICIPAL AUTHORITY {CCMA) FOR THE
CONSTRUCTION OF A SKATE PARK THE ACCESS TO AND USE OF CITY
PROPERTY AS A RECREATION AREA AND RELATED FACILITIES AND
OTHER MATTERS TN CONNECTION THEREWITH
7. Schertz Housing Authority Commissioner Appointment -- Consideration and/or action by
the Mayor Pro-Tem to appoint a Commissioner to the Schertz Housing Authority to fill the
vacancy of Commissioner Earl Sawyer. {Mayor Pro-Tem Antuna)
• Mayor Pro-Tem Appointment of Ernest Bailey to Schertz Housing Authority
8. Appointments) Reappointments and Resignations to City Boards, Commissions and
Committees -Consideration andlor action regarding appointments/reappointments and
resignations to City Boards, Commissions, and Committees. (Mayor Pro-Tem and Council}
• Appointment of Mr. David Raman to the Historical Preservation Committee ~
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. • Appointment of Mayor Pro-Tem George Antuna to following:
- Investment Advisory Committee
- Northeast Partnership
- Greater Bexar County Council of Cities
9. EMS Contractual and Accounts Receivables Adjustments -Consideration andlor action
approving the EMS Contractual adjustments. (J. Bierschwale/D. Wait).
The fallowing caption was read into record:
Approve the EMS Account Receivable Adjustment of $603,454.17.
10. Utility Billing Contractual and Accounts Receivables Adjustments -Consideration
and/or action approving the Utility Billing Contractual adjustments. {J. Bierschwale/C.
Spence).
The following caption was read into record:
Approve the Utility Billing Account Receivable Adjustment of $30,565.42.
Mayor Pro-Tem Antuna recognized Councihnember Carpenter who moved, seconded by
Councihnember Scagliola to approve the consent agenda items 1, through 10 as presented.
The vote was unanimous. Motion carried,
Discussion .and/or Action Items
11. Resolution No. 12-R-73 -Consideration and/or action approving a Resolution authorizing a
Development Agreement with the City of Schertz and 702 Group LLC., and other matters in
connection therewith. (J. Kessel/D. Gwin)
The following caption was read into record:
RESOLUTION N0.12-R-73
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A DEVELOPMENT AGREEMENT WITH THE CITY OF
SCHERTZ AND 702 GROUP LLC, AND OTHER MATTERS IN CONNECTION
THEREWITH
Mayor Pro-Tem Antuna recognized SEDC Executive Director David Gwin who introduced
this ,item stating that action approves a Development Agreement between the Schertz
Economic Development Corporation and 702 Group LLC, (the Developer) for a new retail
shopping center located at the intersection of FM 78 and FM 3009. Staff has worked with
the developer to expand the current project to include almost 10,000 sq. feet of additional -
retail space (Phase II) on the adjoining parcel. Under the Development Agreement, the
Developer will provide a Performance Bond to ensure that the delayed requirements in Phase
I are complete if Phase lI is not constructed. The Schertz Economic Development
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Corporation unanimously approved this at their meeting of July 26, 2012. Staff recommends
approval.
Mayor Pro-Tem Antuna recognized Councilmember Carpenter who moved, seconded by
Councilmember Fowler to approve Resolution No. 12-R-73. The vote was unanimous.
Motion Carried.
12. Resolution No. 12-R 71- Bid #12-EMS-26-V-02 -Consideration and/or action approving a
Resolution authorizing the City to purchase two (2) Ambulances frarn Lone Star Emergency
Vehicles, and other matters in connection therewith. (J. Bierschwale/D. Wait)
The following caption was read into record:
RESOLUTION NO. 12-R-71
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING THE CITY TO PURCHASE TWO {2) AMBULANCES FROM
LONE STAR EMERGENCY VEHICLES, AND OTHER MATTERS IN
CONNECTION THEREWITH
Mayor Pro-Tem Antuna recognized EMS Director Dudley Wait who introduced this item
stating that action requested of Council approves the purchase of~two (2) new ambulances
built on a Chevrolet chassis with all specified safety equipment and design from Lane Star
Emergency Vehicles as included in their bid package and change order. Funding for this
purchase were allocated in a previous budget and the funds are from previous Certificates of
Obligation bonds sold in 2011 Staff recommends approval.
Mayor Pro-Tem Antuna recognized Councilmember Carpenter who moved, seconded by
Councihnember Fowler to approve Resolution No. 12-R-71. The vote was unanimous.
Motion Carried.
13. Resolution No. 12-R-72 _ Consideration andlor action approving a Resolution authorizing
an Interlocal Agreement for the Southern Watershed Regional Water Reclamation Plant
preliminary engineering work with Cibolo Creek Municipal Authority, authorizing a budget
amendment in the amount of $267,000 in connection therewith, and other matters in
connection therewith. (J. Bierschwale/L. Busch)
The following caption was read into record:
RESOLUTION NO. 12-R-72
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING AN INTERLOCAL AGREEMENT FOR THE SOUTHERN
WATERSHED REGIONAL WATER RECLAMATION PLANT PRELIlYIINARY
ENGINEERING WORK WITH CIBOLO CREEK MUNICIPAL AUTHORITY, ~
AUTHORIZING A BUDGET AMENDMENT IN THE AMOUNT OF $267,000 IN
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CONNECTION THEREWITH, AND OTHER MATTERS IN CONNECTION
THEREWITH
Mayor Pro-Tem Antuna recognized Executive Director of Operations John Bierschwale who
introduced this item stating that action authorizes the City Manager to enter into the
Interlocal Agreement with Cibolo Creek Municipal Authority (CCMA) to design and permit
the Schertz WWTP II, and to amend the Capital Recoveny Fund budget for FY 2011-12 to
provide for the expenditure of $267,000 for the design and Master Plan of the WWTP.
CCMA and Schertz are partnering to provide a WWTP so existing and future residents of
Southern Schertz will have regional wastewater service instead of relying on On-site
wastewater treatment. Staff recommends approval.
Mayor Pro-Tem Antuna recognized Councilmember Scagliola who moved, seconded by
Councilmember Fowler to approve Resolution No. 12-R-72. The vote was unanimous.
Motion Carried.
Executive Session
Mayor Pro-Tem Antuna adjourned into Executive Session at 7:Ob p.m.
Called under Section:
• Section 551.071 Texas Government Cade 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 551.087 Texas Government Code - Deliberation regarding Economic
Development Negotiations.
Reconvene into Re ular Session
Mayor Pro-Tem Antuna reconvened into regular session at 8: 0.1 p.m.
14. Take any action deemed necessary as a result of the Executive Session.
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Mayor Pro-Tem Antuna recognized Councilmembex Carpenter who moved, seconded by
Councilmember Fowler that the Council renew the City Manager's existing contract with
three rnodif cations:
i. The City deposit $2,500 to the credit of the City Manager's 457 retirement account
effective at time of the new contract;
2. The City deposit $5,000 to a designated fund of the City to be disbursed by the City
Manager at his discretion to recognize exceptional service of City employees; and
3. The notice period for termination of the City Manager's contract be modified to be 45
days.
The vote ryas unanimous. Mohan Carrier
Mayor Pro-Tem Antuna recognized Councihnember who provided the following
commentary regarding xenewing the City Manager's contract for over a month. He stated
that the Council hasn't been struggling with it, but they have been talking about it in great
length. One of the things that came up has been employee recognition and the staff in
general. Council discussed these things together and came up with this idea that there should
be an allocation of funds that the City Managex or his immediate staff could have access to in
order to recognize great perfoi7nance of City staff. Woxking together, the City Council and
the City Manager brought about this idea of this fund. This shows the City Manager and City
Council's consistent concern that they are fmding new ways to keep our staff here with us
because they are such a critical part of our everyday execution of our job as a municipality.
Mayor Pro-Tem Antuna recognized City Manager John Kessel who thanked the Council for
the opportunity to sezve another year, and Iooks forward it, Mayor Pro-Tem Antuna thanked
Mr. Kessel for his services to the City and to the staff for their services. Mr. Antuna also
concurred with Councilmember Carpenter's comments regarding the recognition fund for
employees.
Re nests and Announcements
15. Requests by Mayor Pro-Tem and Councilmembers that iterxxs be placed on a fixture
City Council agenda.
Mayor Pro-Tem Antuna recognized Councihnember Fowler stated that he would like far
Council to entertain the idea of recognizing our committees, organizing a volunteer of the
year award.
Mayor Pro-Tem Antuna recognized City Manager John Kessel who stated that it was not
necessary to place this as an agenda item. Mr. Kessel stated that Mrs. Dennis has a very
goad idea in mind that is exactly what he and the full Council have discussed. He stated that
this is inline with the goals that the full Council has been discussing. Mx. Kessel stated that
Mrs. Dennis will be providing an overall update after the Volunteer to include the four items:
revise the volunteer application - recntitment, reorganize the volunteer interview selection
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process, provide proper training, continue to nurture our volunteers, and finally provide a
volunteer recognition program. Mr. Kessel stated that he would share with Mrs. Dennis the
information they had discussed earlier.
1 b. Requests by Mayor Pro-Tem and Councilmembers to City Manager and Staff for
information.
Mayor Pro-Tem Antuna recognized Councilmember Fowler who posed a question to
Council, stating that as they have before them the information on the upcoming Volunteer
Fair and Open House, he wanted to know if the Council would also like to participate and
sponsor a table, City Secretary Brenda Dennis stated that absolutely, a table could be added
for the City Council. City Manager John Kessel stated that what the Council could have was
a table set up so that citizens could come by and Council could discuss their goals and
visions, He stated that he would like for Council to be there and strongly encourages them to
participate. Mr. Kessel stated that Mayor Pro-Tem Antuna could actually provide opening
remarks. This is a great opportunity to tell the citizens how important and valued they are.
17. Announcements by Mayor Pxo-Tem and Councilmembers
• City and community events attended and to be attended
• City Council Conunittee 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
No Announcements given.
18. Announcements by City Manager
Mayor Pro-Tem Antuna recognized City Manager John Kessel who thanked the Council,
City Staff far the tremendous year. All the things we have talked about are moving forward.
Tonight was a great example, retail centers redevelopment in the alder sections of Schertz.
Future plans preparing -for tomorrow in the southern portion of Schertz with big items
wastewater treatment plants, which is fundamental to proper growth. We have had other
successes that are amazing, the hospital. Once the hospital goes vertical "Oh boy howdy" is
that going to be exciting. This is a big deal to the community. Mr. Kessel stated that we
have an interesting budget this year. It's a good Strang conservative budget with recognition
of what's most important. The very first thing you see in the budget is putting money back
into reserves. Not just spend money today, but put money aside in case there is some reason
we need it tomorrow. Great year, this next year will be even mare exciting.
Mr. Kessel stated that he wanted to mention an innovative idea from an employee, Health
Inspector/Sanitarian Jesse Hamilton. Mr. Hamilton has been revannping the health inspection
program, changing the grading from A, B, C to A, B, C, D, F. This has created much
attention. Mr. Hamilton is very helpful to those that received less than acceptable grades, in
that he works with them to resolve the issues to get them and go back out and re-inspect. Mr.
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Kessel stated that Mr. Hamilton has been looking at the Food Service Handling paining side
of his job, and has found a potential contractor who will provide the City with 20% of the
proceeds. This will allow him the time to focus on his job of restaurant inspections. Iv1x.
Kessel gave kudos to the Marshals Department.
Mr. Kessel stated that if you were not aware, each police vehicle carries an AED
Defibrillator. AED stands for Automatic External Defibrillator. Mr. Kessel stated he wanted
to recognize four officers who actually. had to deploy the device to save lives. He recognized
the following:
• Officers Steve Solitto, Charles Stair, Cory Vanderver, and Gregg Flowers.
Adiournment
Mayor Pro-Tem Antuna adjourned the meeting at 8:17 p.m.
A ~
renda Dennis, TRMC, MMC, CPM City Secretary
May ro-Tem George Antuna
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