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.
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• 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
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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.
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
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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:
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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$
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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
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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
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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
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