01-29-2013 MinutesMINUTES
REGULAR MEETING
.January 29, 2013
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on January 29,
2013, at 6:00 p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway,
Building #4, Schertz, Texas. The following members present to-wit:
Mayor Michael R. Carpenter
Councilmember Jim Fowler
Councilmember Cedric Edwards
Mayor Pro-Tem George Antuna
Councihnember David Scagliola
Staff Present;
Executive Director John Bierschwale
Executive Director Brian James
Chief of Staff Bob Cantu
Deputy City Secretary Cynthia Raleigh
CALL TO ORDER:
City Manager John C. Kesel
Executive Director David Harris
City Attorney Samantha Dyal
City Secretary Brenda Dennis
Mayor Carpenter called the Regular Meeting to order at 6:03 p.m.
INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE U1V>(TED
STATES AND THE 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,
City Events and Announcements
• Announcements of upcoming~City Events {D. Harris/J. BierschwaleB, James)
Mayor Carpenter recognized Executive Director David Harris who announced the following
upcoming events:
• Saturday, February 2, 2013, the Guadalupe County Chapter of the Native Plant Society
of Texas will be hosting The Lazy Gardener's Landscape: Working tivith Nature
workshop from 8:30 a.m. to 3:15 p.m. at the Schertz Civic Center.
• Sunday, February 3, 2013, is the SUPER BOVdL
• Monday, February 4, 2013, Legislative Update in Austin. Meet at the City offices at
5:45 a.m.
• Thursday, February 7, 2013, Trail Riders will be at Pickrell Park, lunch will be served
at 11:00 a.m.
Announcements and recognitions by City Manager {J. Kessel}
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Mayor Carpenter recognized City Manager John Kessel who provided several success stories
involving the Police Department, where citizens have praised specific officers for their ~
outstanding policing abilities.
Hearing of Residents
This time is set aside far 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 specifrc
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 an
the order they have registered.
Mayor Carpenter recognized the following people who spoke:
Mr. Steve White, 805 Main Street, provided an update on the progress of the Veterans
Memorial Plaza. Mr. White thanked the Parks and Recreation Foundation for allowing the
Veterans Memorial Plaza project to utilize their 501(c}3 status. Mr. White also thanked
Publications Editor Chuck McCollaugh for providing pictures and information on the City's
website and on Facebook, encouraging citizens to contact the Veterans Memorial Plaza team.
He added that ground had been broken and that so far they have raised $70K toward the
project,
Workshop ftein
• Coat of Arms for the City of Schertz -Presentation, discussion, and- direction regarding a
Coat of Arms for the City of Schertz. (Mayor CarpenterB. James}
Mayor Carpenter recognized Executive Director of Development Brian James who stated at the
request of Cauacil this item was placed on the agenda this evening to get the consensus of Council
as how they would like to proceed with the process. Mr. James stated that during his research he
contacted the city of Toronto, Canada, who recently went through the process of coming up with
their City Coat of Arms. Mr~ dames indicated that they started out with a draft Coat of Arms,
placed it on their website and sought input .from citizens through a survey process. Mr, James
suggested that the City of ,Schertz do the same. Mr. James also sought information on how the
Coa# of Aims would be utilized and came to the conclusion that the Coat of Arms could be utilized
in a formal manner, as a thank you on invitations out of the Mayor's office. Mr. James mentioned
as part of the process, staff would update the style guide and procedures manual for utilization.
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Mayor Carpenter recognized Councilmember Fowler who stated that he would like to not only
utilize images of the past, but also points toward the future of Schertz.
It was the consensus of the Mayor and Councilmembers to move forward with the process as
described by Mr. 3ames.
PresentationlDiscussion. andlor Action Ztems
1. Appointments) Reappointments and Resignations to City girds, Commissions and
Committees -Consideration andlor action regarding appointments/reappointments and
resignations to City Boards, Commissions, and Committees. {B. Cantu/B. DenruslC. Raleigh)
Mayor Carpenter recognized Deputy City Secretary Cindy Raleigh who introduced this item.
Mayor Carpenter came down from the dais, and as a member of the interview corrunittee
provided the following recommendations by the Interview Committee: {Mayor Carpenter
asked those being named to please stand to be recognized).
Reappointments fvith a term expiration date of May 2014:
Board of Adjustments: Richard Dziewit, Earl Hartzog, and David Reynolds
Economic Development Corporation: Marvin Thomas, Matthew Duke, and Rosemary Scott
Historical Preservation: Gail Hyatt, Dean Weirtz, Debbie Krause, Tom DeKunder, Merle
Behne, and Lou Foehrkolb
Library Board: Sonia Samora, Sandy Keiser, Neota Brady, Carol Cyr, Bobbie Boyce, and
Patti Dilworth.
Parks and Recreation: Robert Wallace, Patrick Russell, Sally Macias, Samantha Hennes,
and Aundra Davis
Planning and Zoning: Ernest Evans, Ken Greenwald, and Bert Crawford
Traffic Safety Advisory: Gary Preston
The Committee agreed to recommend to Council the following actions regarding the
appointment of individuals to various boards and/or commissions with a term expiration date
of May 2014:
Board of Adjustment: Move Reginna Agee from Alternate #2 to Alternate #1; appoint Mark
Tew to Alternate #2.
Economic Develop~oaient Corporation: Grady Moixis
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Historical Preservation: Stephanie V~arshaw as a Regular Member; appoint Julian Bugarin as
a Regular Member.
Library Baard :.Move Shonale Burke from Alternate #1 to Regular Member; move Patti
Dilworth from Alternate #2 to Alternate #1; appaint Joanna Ward to Alternate #2
Planning and Zoning: Move Michael Dahl from Alternate #2 to Regular Member.
Traffic Safety Advisory: Move Mark Davis from Alternate #1 to Regular Member; Move
Gary Preston from Alternate #2~to Regular Member; appoint Larry Fzanklin, Steven Crawford,
and Phillip Rowland as Regular Members.
Mayor Carpenter stated that should Council approve the above reappointments and
appointments, the following positions will remain open and need to be filled as interests arise:
Planning and Zoning: Two Alternate Positions
Traffic Safety Advisory: One Regular, Two Alternate Positions
Mayor and Councihnembers expressed. their gratitude to the citizens for wanting to get
involved, mentioning that they are their eyes and ears.
Mayor Carpenter recognized Councilmember Scagliola moved, .seconded by Councilmember
Fowler to approve the AppointmentslReappointments and Resignations as presented. The vote
was unanimous with Mayor Pro-Tem Antuna, Cauncilmem6ers Fowler, Scagliola, and
Edwards voting yes and na one voting no. Motion carrier
2. Ordinance No. 13-F-03 -Consideration and/or action approving Ordinance No. 13-F-O1
Granting Cibola Waste Incorporated, dlbla Bexar Waste Tnc., a Franchise for Municipal Solid
Waste Collection, Recycling, and Household Hazardous Waste Collection and Disposal
Program; imposing provisions and conditions relating to the exercise of same; and providing
for penalties not to exceed $200 for violation thereof; repealing all Ordinances or parts of
Ordinances in conflict with this Ordinance. First Reading (J. Bierschwale/S. Willoughby}
The following was read into record:
ORDINANCE N0.13-F-03
AN ORDINANCE GRANTING CIBOLO WASTE INCORPORATED, DBA BEXAR
WASTE INC., A FRANCHISE FOR MUNICIPAL SOLID WASTE. COLLECTION,
RECYCLING, AND HOUSEHOLD T-TA7,ARnOUS WASTE COLLECTION AND
DISPOSAL PROGRAM; IMPOSING PROVISIONS AND CONDITIONS RELATING
TO THE EXERCISE OF SAME; AND PROVIDING FOR PENALTIES NOT TO
EXCEED $200 FOR VIOLATION THEREOF; REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE.
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Mayor Carpenter recognized Executive Director of Operations John Bierschwale who
- introduced this item stating that action requested of Council authorizes an extension to the
Cibolo Waste Inc., dlbla Bexar Waste -Franchise Agreement for six years, beginning March 6,
2013, ending December 31, 2019, with an option to renew for an additional six years. Fiscal
impact of continued collection of franchise fees with scheduled rate increases, Staff
recommends approval.
Mayor Carpenter recognized Councilmember Fowler who moved, seconded by
Councilmember ScaglioIa to approve Ordinance No. 13-F-03 on first reading. The vote was
unanimous with Mayor Pro-Tern Antuna, Councilmembers Fowler, ScaglioIa, and Edwards
voting yes and no one voting no. Motion carried.
3. Resolution Na. 13-R-07 - Pxesentation and consideration and/or action approving a
Resolution adopting an Amendment to the Articles of Incorporation and Bylaws of the Cibolo
Valley Local Government Corporation to reflect the change in membership of the Cibolo
Valley Local Government Corporation; executing an amendment to the Memorandum of
Understanding with the Corporation to reflect the changes to the Corporation's Membership;
providing for severability; repealing conflicting resolutions; and establishing an effective date.
{J. Bierschwale/S. Willoughby/A. Cockrell)
The following was read into record:
RESOLUTION NO. 13-R-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
ADOPTING AN AMENDMENT TO THE ARTICLES OF INCORPORATION AND
BYLAWS OF THE CIBOLO VALLEY LOCAL GOVERNMENT CORPORATIONTO
REFLECT THE CHANGE IN MEMBERSHIP OF THE CIBOLO VALLEY LOCAL
GOVERNMENT CORPORATION; EXECUTING AN AMENDMENT TO THE
MEMORANDUM OF UNDERSTANDING WITH THE CORPORATION TO
REFLECT THE .CHANGES TO THE CORPORATION'S MEMBERSHIP;
PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING RESOLUTIONS;
AND ESTABLISHING AN EFFECTIVE
Mayor Carpenter recognized Executive Director of Operations John Bierschwale who
introduced this item stating the cities of Selma and Seguin have requested withdrawal from
CVLGC. The remaining members consist of the cities of Cibolo, Converse, and Schertz. The
CVLGC board of directors has approved the withdrawal request. Action to accept request for
withdrawal is required by all five original cities in order to amend the Articles of
Incorporation, Bylaws, and Memorandum of Understanding to allow the reorganization. No
fiscal impact. Staff recommends approval.
Mayor Carpenter recognized Councihnember ScaglioIa who moved, seconded by
Councilmember Fowler to approve Resolution No. 13-R-07. The vote was unanimous with
Mayor Pro-Tern Antuna, Councilmembers Fowler, ScaglioIa, and Edwards voting yes and
no one voting no. Motion carried.
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4. Ordinance No. 13-M-04 -Consideration and/or action approving Ordinance No. 13-M-04
authorizing an amended and restated Certif cafe of Formation of the City of Schertz Economic
Development Corporation; approving amended and restated Bylaws of such Corporation;
appointing Directors to the Board of Directors of such Corporation; and other matters in
connection therewith. First Reading (J. KesseUD. Gwin}
The following was read into record:
ORDINANCE NO. 13-M-04
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING AN AMENDED AND RESTATED CERTIFICATE OF FORMATION
OF THE CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION;
APPROVING AMENDED AND RESTATED BYLAWS OF SUCH CORPORATION;
APPOINTING DIRECTORS TO THE BOARD OF DIRECTORS OF SUCH
CORPORATION; AND OTHER MATTERS IN CONNECTION THEREWITH
Mayor Carpenter recognized Economic Development Director David Gwin who introduced
this item stating that on January 24, 2013, the Board of Directors of the Schertz Ecanaxnic
Deve~apment Corporation (the "SEDC") voted to amend the SEDC Bylaws and the SEDC
Certificate of Formation. The changes are being made in order to change the end dates of the
terms of the directors from November 30 to May 31 of the year ix- which the directors' term
expires. The City Council took action on January 8, 2013, to change the term end dates far
other City Boards, Commissions, and Committees. The SEDC recommends that the City
Council approve and authorize these changes. No fiscal impact. Staff recommends approval.
Mayor Carpenter recognized Councilmember Scagliola who moved, seconded by Mayor Pro-
Tem Antuna to approve Ordinance No. 13-M-04 on fast reading. The vote was unanimous
with Mayor Pro-Tem Antuna, Councilmemhers Fowler, Scagliola, and Edwards voting yes
and no one voting no. Motion carrier
Consent Agenda Itenns
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 or a Councilmember.
5. Minutes -Consideration and/or action regarding the approval of the minutes of the Regular
Meeting of January 15, 2013, (J. Kessel/B. Dennis) .
6, Ordinance Na. 13-D-01 -Consideration and/or action approving an Ordinance amending
Section 86 by revising Section 86-118 maximum limits in school zones in the City of Schertz;
repealing all ordinances or parts of ordinances in conflict with this ordinance; and providing an
effective date. Final Reading (J. Bierschwale/L. Busch}
The following was read into record:
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ORDINANCE NO. 13-D-Ol
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 86-118 MAXIMUM LIMITS IN
SCHOOL ZONES IN THE CITY OF SCHERTZ; REPEALING ALL ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND
PROVIDING AN EFFECTIVE DATE.
7. Ordinance No. 13-D-02 -Consideration and/or action approving an Ordinance amending
Chapter 86, Article II of the City of Schertz, Texas, Code of Ordinances by adding sections 86-
57through 86-62; adopting new regulations contained therein to prohibit operation of all motor
vehicles and off highway motor vehicles in the City's drainage easements, drainage ditches,
drainage right-of--ways, and other unimproved land in the city; declaring the violation thereof
to be a criminal misdemeanor; providing far punishment upon conviction by a criminal fine not
to exceed $200; authorizing the impoundment of vehicles in the event of repeat violations;
authorizing the posting of warning signs; providing exceptions for public safety, and
maintenance vehicles and certain usage by property owners; providing for an effective date of
February 1, 2013; and other matters in connection therewith. Final Reading {J. Bierschwale I
J. Hooks}
The following was read into record:
ORDINANCE 13-D-02
AMENDING CHAPTER 86, ARTICLE II OF THE CITY OF SCHERTZ, TEXAS,
CODE OF ORDINANCES BY ADDING SECTIONS 86-57 THROUGH 86-62;
ADOPTING NEW REGULATIONS CONTAINED THEREIN TO PROHIBIT
OPERATION OF ALL MOTOR VEHICLES AND OFF-HIGHWAY MOTOR
VEHICLES IN CITY DRAINAGE EASEMENTS, DRAINAGE DITCHES, DRAINAGE
RIGHT-OF-WAYS, AND OTHER UNIMPROVED LAND IN THE CITY;
DECLARING THE VIOLATION THEREOF TO BE A CRIMINAL MISDEMEANOR;
PROVIDING FOR PUNISHMENT UPON CONVICTION BY A CRIMINAL FINE
NOT TO EXCEED X200; AUTHORIZING THE IMPOUNDMENT OF VEHICLES IN
THE EVENT OF REPEAT VIOLATIONS; AUTHORIZING THE POSTING OF
WARNING SIGNS; PROVIDING EXCEPTIONS FOR PUBLIC SAFETY AND
MAINTENANCE VEHICLES AND CERTAIN USAGE BY PROPERTY OWNERS;
PROVIDING FOR AN EFFECTIVE DATE OF FEBRUARY 1, 2013; AND OTHER
MATTERS IN CONNECTION THEREWITH.
8. Resolution No. 13-R-OS -Consideration and/or action approving a Resolution authorizing the
EMS Billing Debt Revenue Adjustments for inactive outstanding accounts receivables after
1 SO days of non payment and other matters in connection therewith. {J. BierschwalelD. Wait)
The following was read into record:
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RESOLUTION No.13-R-os
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING EMS DEBT REVENUE ADJUSTMENTS FOR INACTIVE
OUTSTANDING ACCOUNTS RECEIVABLES AFTER 180 DAYS OF NON
PAYMENT .AND OTHER MATTERS IN CONNECTION THEREWITH IN THE
AMOUNT OF $445,090.43.
9. Resolution No. 13-R-06 -Consideration and/or action approving a Resolution authorizing the
Utility Billing Debt Revenue Adjustments for inactive outstanding accounts receivables after
180 days of non payment and other matters in connection therewith. (J. Bierschwale/C.
Spence)
The following was read into record:
RESOLUTION NO. 13-R-06
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING UTILITY BILLING DEBT REVENUE ADJUSTMENTS FOR
INACTIVE OUTSTANDING ACCOUNTS RECEIVABLES AFTER 1$0 DAYS OF
NON PAYMENT AND OTHER MATTERS IN CONNECTION THEREWITH IN THE
AMOUNT OF $10,436.50.
Mayor Carpenter recognized Councilmember Fowler who moved, seconded by Counciimember ~
Scagliola to approve Consent Agenda items 5, 6, 7, 8, and 9. The vote was unanimous with
Mayor Pro-Tem Antuna, Corrncilmem6ers Fowler, Scagliola, and Edwards voting yes and no
one voting no. Motion carried.
Roll Call Vote Confirmation
Mayor Carpenter recognized City Secretary Brenda Dennis who recapped the votes for agenda items
1, 2, 3, 4, 5, 6, 7, 8, and 9.
Executive Session
Council did not meet in Executive Session.
Reconvene into Regular Session
10. Take any action deemed necessary as a result of the Executive Session.
Na action taken as Council did not meet.
Renuests and Announcements
11. Announcements by City Manager
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• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
Mayor Carpenter recognized City Manager John Kessel who stated that the Leadership Team
has been in retreat. Last Wednesday we spent most of the day discussing the budget process
and prioritizing different projects on a staff level We will be meeting again January 30, 2013,
to continue the discussions. Including in our discussion will be our continued commitment to
explore citizens input early in the budget process.
We need a short retreat with Council to go over the same type of items and get consensus of
items on how to proceed. In speaking to the Mayor, we suggest instead of a full day, to break
this out into two (2) half days in February. Staff will be seeking Council's input of availability.
12. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda.
No items requested
13. Requests by Mayor and Councilmembers to City Manager and Staff for infoi7nation.
No information requested.
14. Announcements by Mayor 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 Carpenter recognized Mayor Pro-Tern Antuna who stated he attended the first
Metropolitan Planning Organization (MPO) meeting.
Mayor Carpenter recognized Councilmember
upcoming Texas Municipal League Elected
through the 4`1'
Fowler who stated he will be attending the
Officials Conference in Austin, February 15`
Mayor Carpenter recognized Councilmember Scagliola who stated he attended the following
events:
• Thursday, January 17, 2013, Chamber Mixer hosted by Encanto Mexican Grill
• Tuesday, January 22, 2013, Ribbon Cutting: Children's Lighthouse Learning Center
• Saturday, January 2b, 2013, attended the Miss Cibolo Scholarship Pageant at Bryon P.
Steele High School.
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Mayor Carpenter stated that representatives from the Meh•ocom will be traveling to Austin on
Monday, February 25, 2013, to voice opinions regarding proposed Texas Legislature that may
have a direct impact on the community. For example, one of the itenns proposed by
Representative Joe Farias is to add a $.OS tax to every soda purchased to help fund addressing
issues with nutrition of our children. If anyone has any thoughts about proposed legislation,
please let City Council know.
Adjournment
As there u~as no further business, the meeting was adjourned at b: 45
Mayor, Michael R. Carpenter
City ecxetary, Brenda Dennis
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