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09-25-2012 MinutesMIIVUTES REGULAR MEETING September 25, 2012 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on September 25, 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: Councilmember Jim Fowler Councilmember Cedric Edwards Councilmember David Scagliola Councilmember Michael Carpenter Staff Present: Executive Director John Bierschwale Executive Director Brian James City Attorney Michael Spain City Secretary Brenda Dennis Mayor Pro-Tem George Antuna was absent. CALL TO ORDER: City Manager John Kessel Executive Directar David Harris Chief of Staff Bob Cantu City Attorney Samantha Dyal Councilmember Carpenter called the Regular Meeting to order at 6:00 p.m. and welcomed everyone. Councilmember Carpenter stated that Mayor Pro-Tem Antuna was out ill this evening and he would be presiding. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND STATE OF TEXAS. Councihnember Fowler gave the invocation followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. Presentations Proclamation recognizing Fire Prevention Week (CouncillD. Covington) Councilmember Carpenter read and presented a Proclamation recognizing Fire Prevention Week to Fire Chief David Covington. • Presentation regarding the Schertz Magazine Website (D. Harris/L. Ervin) Councilmember Carpenter recognized Executive Director David Harris who introduced the following: Sr. Administrative Assistant Linda Ervin, Publications Editor Chuck McCollough and Public Affairs Assistant Manager Chris Matzenbacher who provided a brief presentation regarding the re-launch of the Schertz Magazine website and revised Schertz Facebook account answering questions from Council. 09-25-2012 Minutes • Recognition of Animal Services Staff and accomplishments by Homes For Pets (B. James/S. Roman) Councilmember Carpenter recognized Animal Services Manager Shanna Roman who briefed the Council regarding the activities of the Animal Services Department as well as provided information on the accomplishments of the Homes for Pets. Ms. Rornan introduced and presented each member of the Schertz Animal Services Department and Homes for Pets volunteers with a certificate of appreciation. City Events and Announcements Announcements of upcoming City Events (D. Harris/J. BierschwaleB, James) Councihnember Carpenter recognized Executive.Dixector David Harris who provided the following announcements: • Friday, September 28 and Saturday, September 29, 2012, SchertzFest - Pickrell Park. • Saturday and Sunday, September 29th and 30th, Comal County Faix & Rodeo-New Braunfels • Tuesday, October 2, 2012, National Night Out -meet at 5:45 p.m. in front of the Administration Bldg. No City Council meeting. • Wednesday, October 3, 2012, Randolph Metrocom Chamber of Commerce Elected .Officials Reception -Olympia Hills Event Center at 5:30 p.m. Announcements and recognitions by City Manager (J. Kessel) Councilmezxxber Carpenter recognized City Manager John Kessel who stated he received a kudos for the Schertz Fleet Services, Chris West and Tom Donley from EMS Ambulance B Shift Supervisors. Mr. Kessel also recognized Mr. Bert Crawford and Mrs. Clare Layton. He ,stated that they represent Schertz on the Randolph Restoration Advisory Board. Hearin of Residents This time is set aside foj• 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 6e 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 fn 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 49-25-2012 Minutes Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Councihnember Carpenter recognized the following people who spoke: • Mr. Steve Layton 12231 Lost Meadows, who spoke of a tax vs. a fee. • Ms. Maggie Titterington, Schertz Chamber President who provided a Chamber update. • Mr. Tony Cardenas, 3928 Wensiedale, who spoke of the "Watch Dog" program. • Ms. Doreen Bowers, 2608 Hidden Grove. and Ms. Cathy Trezza, who spoke of concerns on bonds and the pool. + Mr. Ryan Mahoney, 5233 Columbia Drive, who spoke of the need for engineering in the City of Schertz and of problems in Fairhaven. • Mr. Daniel Hollestelle, 5525 Columbia, who spoke of problems in Fairhaven. • Mr. Kenny Knippa, SSbO Columbia, who spoke of problems in Fairhaven. • Ms. Christine Hoffmann, 11b01 Schaefer Road, who spoke of concerns with UDC and recognized several individuals who helped in. the process of obtaining a building permit. 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 itemis unless they are removed from the Consent Agenda upon the request by the Mayor Pra-Tem or a Councihnember. Councilmember Carpenter stated that Item 4 has been removed from consent and will be discussed separately. Council concurred. 1. Minutes -Consideration and/or action regarding the approval of the minutes of the Regular Meeting of September 18, 2012. (J. Kessel/B. Dennis) 2. Cancellation of the October 2, 20]2, City Council Meeting -Consideration and/or action cancelling the October 2, 2012, City Council Meeting to observe National Night Out. (J. KesseUCouncil) 3. Resolution No. 12-R-$4 -Consideration and/or action approving a Resolution authorizing a Management Services Agreement with Schertz Seguin Local Government Corporation (SSLGC). (J. Bierschwale/S. Willoughby/A. Cockerell) The following was read into record: RESOLUTION NO. 12-R-S4 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A MANAGEMENT SERVICES AGREEMENT WITH SCHERTZ SEGUIN LOCAL GOVERNMENT CORPORATION, AND OTHER MATTERS IN CONNECTION THEREWITH 09-25-2012 Minutes 5. Utility Billing Revenue Adjustments -Consideration andlor action approving the Utility Billing Revenue Adjustments. (J. Bierschwale/C. Spence) 6. EMS Revenue Adjustments -Consideration andlox action approving the EMS Revenue Adjustments. (J. BierschwalelD. Wait} 7. Ordinance No. 12-D-27 -- Consideration and/or action approving 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 8b-38 establishing a "No Passing Zane" an Country Club Blvd; and providing an effective date. Final Reading (B. JameslL. Busch) The following was read into record: ORDINANCE NO. 12-D-27 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 $6-3$ NO-PASSING ZONES IN THE CITY OF SCHERTZ; AND PROVIDING AN EFFECTIVE DATE. 8. Appointments) Reappointments and Resignations to City Boards, Commissions and Committees - Consideration and/or action ~ regarding appointments/reappoixxtxnents and resignations to City Boards, Commissions, and Committees. (Mayor Pro-Tem and Council) • Resignation of Mr. Gordon Rae from the Planning & Zoning Commission and Traffic Safety Advisory Commission 9. Resolution No. 12-R-86 -Consideration and/or action approving a Resolution authorizing a budget transfer from the General Fund to the Public Education and Government Fund. (D. HarrislR. Galindo} The following was read into record: RESOLUTION NO. 12-R-86 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE BUDGET TRANSFER FROM THE GENERAL FUND TO THE PUBLIC EDUCATION AND GOVERNIYMENT FUND AND OTHER MATTERS IN CONNECTION THEREWITH 10. Resolution No. 12-R-87 -Consideration and/or action authorizing a Second Amendment to Agreement for Engineering Services with Vickrey & Associates, Inc. (B. James/M. Sanchez) The following was read into record: 09-25-2012 Minutes RESOLUTION NO. 12-R-87 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT WITH VICKREY & ASSOCIATES, INC., AND OTHER MATTERS IN CONNECTION THEREWITH Councilmember Carpenter recognized Councilmember Edwards who moved, seconded by Councilmember Scagliola to approve consent agenda items 1, 2, 3, 5, 6, 7, 8, 9, and 10 as presented. The vote was unanimous with Cauncilmembers Fowler, Scagliola, Edwards, and Carpenter voting yes and no one voting no. Motion carried Discussion and/or Action Items ~. Resolution No. 12-R-85 -- Consideration and/or action approving a Resolution authorizing a Paper and Printing Agreement with GJM Ventures, D/B/A San Antonio Press for printing services of the Schertz Magazine. (D. Harris/B. Bailey/L. Ervin} The following was read into record: RESOLUTION NO. 12-R-85 A RESOLUTION BY THE CITY COUNCIIf OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN ADVERTISING AND PRINTING AGREEMENT WITH SAN ANTONIO PRESS, AND OTHER MATTERS IN CONNECTION THEREWITH Councilmember Carpenter recognized City Attorney Michael Spain who stated that he asked that this item be pulled from consent as this item is not a professional services contract. Printing is not a professional service. This is an advertising and printing contract under 252.022(a) (16). Included in your packet is a revised cover and revised resolution approving an advertising and printing agreement with San Antonio Press for printing the Schertz Magazine. Staff recommends approval of the revised Resolution No. 12-R-85. Councilmember Carpenter recognized Councilmember Scagliola who moved, seconded by Councilmember Fowler to approve the revised Resolution No. 12-R-85, reflecting that it is an advertising and printing agreement. The vote was unanimous with Councilmembers Fowler, Scagliola, Edwards, and Carpenter voting yes and no one voting no. Motion carrierZ I1. Ordinance No. 12-E-28 -Consideration and/or action approving an Ordinance revising Ordinance No. 12-E-12 Calling a Special Election to be .held in the City of Schertz on November 6, 2012 regarding early voting locations and matters relating thereto; and declaring an emergency and an effective date. First & Final Reading (J. KessellM. Spain} The following was read into record: ORDINANCE NO. 12-E-2$ 09-25-2012 Minutes AN ORDINANCE REVISING ORDINANCE NO. 12-E-12 CALLING A SPECIAL ELECTION TO BE HELD IN THE CITY OF SCHERTZ ON NOVEMBER 6, 2012 REGARDING EARLY VOTING LOCATIONS AND MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY AND AN EFFECTIVE DATE Councilmember Carpenter recognized City Attorney Michael Spain wha introduced this item stating that action corrects the Early Voting Schedule related to the City's November 6, 2012, election as revised by the Guadalupe County Elections Administrator. The changes include a deletion of one of the originally designated early voting locations after it was found to be unavailable, the addition of a voting location to assure that there is an early voting location in each Guadalupe County Commissioner Precinct, and the elimination of three mobile short term early voting locations which were to be located outside the City of Schertz. These changes have no effect on early voting at the County Elections Office in Schertz. Staff xecomrnends approval of first and final reading. Councihnember Carpenter recognized Councilmember Fowler who moved, seconded by Councihnember Edwards to approve Ordinance No. 12-E-28 first and final reading. The vote was unanimous with Councilmembers Fowler, Scagliola, Edwards, and Carpenter voting yes and no one voting no. Motion carried. 12. Ordinance No. 12-M-22 -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. First 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 Councihnember Carpenter recognized Executive Directors David Harris and John Bierschwale who introduced this item stating that action ad3usts the monthly drainage fee by $1.40 (to a total monthly drainage fee of $5.20) across all customer classifications. All required notices have been published, and the required public hearing will be conducted on October 9, 2012, the anticipated date of the second and final reading of the Ordinance. Staff recommends approval. Councilmember Carpenter recognized City Manager John Kessel who provided information regarding Sub Chapter C, Section 552 of the Local Government Code regarding legislative authorization regarding accessing fees for utility drainage, stating that it is a fee and not a tax. Councihnember Carpenter recognized Councilmember Fowler who moved, seconded by Councilmember Carpenter to approve Ordinance No. 12-M-22 first reading. The vote was 09-25-2012 Minutes unanimous with Cauncilmemhers Fowler, Scagliola, Edwards, and Carpenter voting yes and no one voting no. Motion carried Councihnember Carpenter recognized City Secretary Brenda Dennis who recapped the votes from the consent agenda items 1 through 10, and action items 4, 11, and 12. Executive Session Council did not meet in 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, Iease, or value of real property, or real estate; Section 551.074 Deliberation regarding personnel matters, duties, employment, and evaluation of certain public offcials and employees; Section 551.087 Texas Government Code -Deliberation regarding Economic Development Negotiations. Reconvene into Re ular Session 13. Take any action deemed necessary as a result of the Executive Session. No action taken, as Council did not meet. Re uests and Announcements 14. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives No announcements given. 15. Requests by Mayor Pro-Tem and Colincihnembers that items be placed on a fiiture City Council agenda. Na requests for items. 16. Requests by Mayor Pro-Tem and Councilmembers to City Manager and Staff for information. No information requested 09-25-2012 Minutes 17. Announcements by Mayor Pro-Tezx~ and Councilmembers • City and community events attended and to be attended • City Council Comrtiittee 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 Councilmember Carpenter recognized Councilmember Fowler who stated he attended an event this weekend at Northcliffe Park with his church and thanked the Parks Department with their assistance. Councilmember Carpenter recognized Councihnember Scagliola who stated he attended the Ribbon Cutting Ceremony on Thursday, September 20~' in Bxacken at Town & Country Real Estate & Homeland Group of Texas. Councilmember Carpenter recognized Councilmember Edwards who reminded Council to turn in their iPads to Information Technologies for updates. Councilmernber Carpenter stated that he will be attending the SchertzFest Friday, as the Los Texm~aniacs -featuring Flaco Jimenez will be playing. Adi ouxnment As there was no further business, the meeting was adjourned at Q . Counci member Michael Carpenter A T: Brenda Dennis TRMC, MMC, CPM, City Secretary 09-25-2012 Minutes