04-16-2013 MinutesNM*TUTES .
REGULAR MEETING
April 16, 2013
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on April 16,
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 George Antuna, Jr.
Staff Present:
Executive Director John Bierschwale
Executive Director Brian James
City Attorney Michael Spain
CALL TO ORDER:
Mayor Pro -Tern Cedric Edwards, Sr.
Councilmember David Scagliola
Councilmember Sydney H. Verinder
City Manager John C. Kessel
Executive Director David Harris
Chief of Staff Bob Cantu
City Secretary Brenda Dennis
Mayor Carpenter called the Regular Meeting to order at 6:00 p.m.
INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED
STATES AND THE STATE OF TEXAS.
Pastor Kyle Cox Schertz First Baptist Church 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:
• Wednesday, April 17, 2013, Ribbon Cutting Ceremony Baptist Emergency
Hospital, 16799 1H 35 North at 4:00 p.m.
• Saturday, April 20, 2013, Absolute Jazz — 1 :00 p.m. to 11:00 p.m. -- Pickrell Park
• Thursday, April 25, 2013, Volunteer Fair and Open House — Schertz Civic Center
6:00 p.m. to 8:00 p.m.
• Tuesday, April 30, 2013 Hal Baldwin Scholarship application deadline.
• Announcements and recognitions by City Manager (J. Kessel)
Mayor Carpenter recognized City Manager John Kessel who stated he attended the Public
Works longevity pinning event. Seven (7) Public Works employees received their longevity
pins. Between them they have over 150,000 hours serving the City of Schertz,
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Mayor Carpenter recognized in attendance this evening Boy Scout Ryan Gorisha who came
forward stating he was here this evening as he is working on his Citizenship in the
Comm-unity merit badge and he plans on pursuing this Eagle Scout.
Presentation
• Schertz Sweetheart Court Fiesta Medal Presentation (D. Harris/M. Spence)
Mayor Carpenter recognized'Events Coordinator Mary Spence who introduced Miss Jubilee
— Alyssa Brunet and Miss Friendly City — Katie Gibbons who came forward announcing the
start of Fiesta, April 18, 2013 through April 28, 2013, and presented Council staff, and the
audience with Fiesta medals. Ms. Spence also updated the Council regarding the recent and
upcoming events of the Sweetheart Court.
Workshop
• Distribution and Introduction of the Final Report from the EMS Consultant (J.
Bierschwale/D. Wait)
Mayor Carpenter recognized EMS Director Dudley Wait who stated in July, 2012 City
Council approved qualifications of an EMS Consultant, Fitch and Associates out of Kansas
City, Missouri to perform a comprehensive review of all EMS operations with specific focus
on billing and financial management. After an agreement was signed, the review process
began in September.
Mr. Wait stated the first step was an exhaustive review of EMS operational data. This
included financial, billing, response, scheduling and clinical patient care. It took
approximately six weeks to collect this data and almost eight weeks to review.
The next step was a week of site visits and interviews. Two consultants spent five days
interviewing over 30 individuals in and outside of our EMS system including fire chiefs, city
leaders, finance and HR staff, emergency room directors and physicians, and hospital CEO's.
In addition, they interviewed the entire EMS leadership team, all full -time employees and
five of our 13 part -time employees.
From all of this work, the final 84 page report has been delivered. The executive summary
concluded the following:
• Multiple 911 answering points and dispatch centers impedes accurate response
tracking
• Compliance to our response time standards is below our desired standard
• Only one dispatch center utilizes a protocol driven caller interrogation process and
pre- arrival bystander instructions to be used with 911 callers
+ High ambulance fleets costs are tied to excessive vehicle breakdowns
• Staff scheduling is not synchronized to demand times causing inefficiencies
• EMS internal billing services is working very well and collection amounts are within
industry standards
• Management and staff communications need to be improved
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The executive summary concludes by stating that "the existing program has strengths that
can be utilized to support the strategic objectives of the City ".
The final report will be distributed in hard copy during our presentation. It is laid out in 14
specific categories. In each category, the best practices are described,. benchmarks are
presented and then observations and findings are presented. This is then followed up with
specific recommendations to improve or increase efficiencies. At the end of the document a
summary of recommendations are presented for ease of reference.
Fiscal Impact — The cost of this process has been $29,480 plus approximately $5,000 of
expenses including travel, meals and lodging of consultant personnel during site visits.
Mr. Wait stated staff recommends no formal action at this time. After Council has reviewed
the entire report, staff would ask for any specific questions to be. submitted to either City
Manager John Kessel or EMS Director Wait. A more in depth presentation of the entire
report will be conducted next week. Council requested the report be placed on the City's
website.
• Presentation and discussion regarding the Water Rate Study for the City of Schertz. (J.
Bierschwale/Dan Jackson)
Mayor Carpenter recognized Mayor Carpenter recognized Mr. Dan Jackson with
economists.com that came forward providing a brief PowerPoint presentation regarding the
Water/Wastewater rate study and long -term financial plan.
Mr. Jackson provided information on the City of Schertz current water rates, revenues and
cost of service under the current rates. He provided information regarding cost of service
forecast assumptions that were used to develop two different long -term rate plan scenarios.
Executive Director of Operations John Bierschwale and Mr. Jackson addressed questions
from Council. Mr. Bierschwale stated that staff will bring this item back to Council in June
with their recommendation to Council.
• Presentation and discussion concerning modifications to Ordinance No. 13 -D -02 regarding
restrictions on driving within drainage easements. (Michael Spain)
Mayor Carpenter recognized City Attorney Michael Spain who stated City staff recently met
with several residents of Savannah Square Unit 2 Subdivision (which abuts Deerhaven off
FM 3009) who are having difficulty accessing part of their lots that are behind their fences
and within a drainage easement.
The City's recently adopted restrictions on driving within drainage easements (Ordinance
No. 13 -D -02, a copy of which is attached, was approved on January 1.5, 2013). Ordinance
No. 13-D -02 amended Chapter 86 of the Code of Ordinances relating to Traffic and Motor
Vehicles. The Ordinance prohibits driving over drainage easements with limited exceptions.
In the case of Savannah Square Unite 2, a drainage easement crosses the back of 23
homeowners' properties, and a fence divides the easement from the rest of the homeowners'
lots. Each homeowner is responsible for maintaining the easement on -his or her property.
Some of the homeowners have gates in their fence, through which. they can roll a lawnmower
or wheel barrow. Other homeowners have no such access and had been driving across their
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neighbor's properties within the casement. Periodic maintenance may require access to the
easement by a pick -up or small trailer, but the ordinance generally does not permit vehicular
traffic over a drainage easement.
Mr. Spain stated one resident has complained about her neighbors trespassing across her
property to access their properties in the drainage easement. It appears that she is within her
rights to do so. This issue is separate from the City Ordinance issue, and the City has urged
the residents to try to work this private trespass matter out amicably.
Mr. Spain stated the goal of the change is to retain reasonable controls on proper use of
drainage easements without adversely affecting private property rights. Mr. Spain stated that
he would like the Council to consider the following modifications to Section 86 -61 to permit
operation of a small motor vehicle, such as a passenger car or a light pickup truck, with or
without an attached utility trailer, a riding lawnmower, or similar small utility vehicle; (ii) for
purposes of conducting periodic maintenance and/or upkeep of a public drainage way,
drainage easement, of drainage right -of -way (containing no concurrent general right of
access) located on private property; (iii) by the owner of such private property or his/her
agent; and (iv) with the consent of all owners of the private property in such drainage way,
easement, or right -of -way required to be crossed in order to access the area to be maintained.
If any drainage way, easement, or right -of -way belonging to the City must be crossed to
access the area to be maintained, the Director of Public Works or his designee are authorized
to consent to such access.
It was the consensus of Council to have the City Attorney bring forward an amended
Ordinance at a future meeting.
• Presentation and discussion concerning a draft Ordinance regarding Cemeteries. (B.
James/M. Sanchez)
Mayor Carpenter recognized City Attorney Michael Spain and Executive Director of
Development Brian James who stated in 2011, the State Legislature amended Section
711.008 of the Texas Health and Safety Code to allow certain communities, including
Schertz, to approve by ordinance criteria for persons to file a written application to establish
a cemetery. Communities that wish to take advantage of the statute must do so and
applications must be filed with the City before September 1, 2014. The ordinance shall
prescribe the information to be included in the application.
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Staff has developed a draft ordinance that outlines the application process and associated
application form. He stated having an ordinance would allow for the process to consider
applications for a cemetery. The City Council may then approve an application by
Ordinance allowing a cemetery if it determines the cemetery does not adversely affect public
health, safety, and welfare. Mr. Spain stated that if Council is comfortable with the draft
ordinance, staff will post on a future agenda for consideration.
Hearing of Residents
This time is set aside for 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.
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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 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 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.
No one signed up to speak.
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 items unless they are removed from the
Consent Agenda upon the request by the Mayor or a Councilmember.
1. Ordinance No. 13 -D -11 — Consideration and/or action approving an Ordinance amending
the Code of Ordinances revising Section 86 -115, Maximum Limits generally on Specific
Streets, (FM 1103 — From IH 35 to Cibolo City Limits) Final Reading (J. Bierschwale/L.
Busch)
The following was read into record:
ORDINANCE NO. 13 -D -11
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 LIMITS
GENERALLY ON SPECIFIC STREETS; AND PROVIDING AN EFFECTIVE
DATE.
2. Ordinance No. 13 -T -09 — Consideration and/or action approving an Ordinance authorizing
an amendment to the tax abatement agreement with Valero Diamond, L.P. Final reading (J.
Kessel/D. Gwin)
The following was read into record:
ORDINANCE NO. 13 -T -09
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS,
APPROVING AN ASSIGNMENT AND AN AMENDMENT TO A TAX ABATEMENT
AGREEMENT BY THE CITY COUNCIL FOR AND WITH CST DIAMOND, L.P., A
COMPANY OPERATING IN THE CITY OF SCHERTZ.
3. Resolution No. 13 -R -33 — Consideration and/or action approving a Resolution accepting a
Correction Deed Without Warranty from Centex Homes and other matters in connection
therewith. (J. Bierschwale /S. Willoughby)
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The following was read into record:
RESOLUTION 13 -R -33
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
ACCEPTING A CORRECTION DEED WITHOUT WARRANTY FROM CENTEX
HOMES TO THE CITY OF SCHERTZ AND OTHER MATTERS IN CONNECTION
THEREWITH
Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by
Councilmember Scagliola to approve the consent agenda items 1, 2, and 3. The vote was
unanimous with Mayor Pro -Tem Edwards, Councilmemhers Fowler, Scagliola, Antuna,
and Verinder voting yes, and no one voting no. Motion Carried
Discussion and/or Action Items
4. Ordinance No. 13 -C -08 — Continue Public Hearing and consideration and/or action
approving an Ordinance amending the City of Schertz Code of Ordinances, Chapter 18,
Building and Building Regulations, Article I, General Requirements; Article 11, the Building
Code; and Article III, the Residential Code; providing a penalty clause and other matters in
connection therewith, repealing all Ordinances or parts of Ordinances in conflict with this
Ordinance; providing an effective date; and declaring an emergency. (B. James/M. Sanchez).
First and Final Reading (B. James/M. Sanchez)
The following was read into record:
ORDINANCE NO. 13 -C -08
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING
CH PTER 18, BUILDINGS AND BUILDING REGULATIONS, ARTICLE I,
GENERAL REQUIREMENTS; ARTICLE H, THE BUILDING CODE; AND
ARTICLE III, THE RESIDENTIAL CODE PROVIDING A PENALTY CLAUSE
AND OTHER MATTERS IN CONNECTION THEREWITH
Mayor Carpenter continued the public hearing and opened it up for discussion, and as no one
spoke, Mayor Carpenter closed the public hearing.
Mayor Carpenter recognized Mayor Pro-Tern Edwards who moved, seconded by
Councilmember Fowler Ordinance No. 13 -C -08 first and final reading. The ' vote was
unanimous with Mayor Pro -Tem Edwards, Councilmemhers Fowler, Scagliola, Antuna,
and Verinder voting yes, and norone voting no. Motion Carried.
5. Ordinance No. 13-M -12 — Continue Public Hearing and consideration and/or action
.approving an Ordinance amending the City of Schertz Code of Ordinances, Part III, Unified
Development Code (UDC), Article 13 Land Disturbing Activities and Drainage, repealing all
Ordinances or parts of Ordinances in conflict with this Ordinance; providing an effective
date; and declaring an emergency. First and Final Reading (B. James/L. Busch)
The following was read into record:
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ORDINANCE NO. 13 -M -12
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE CODE OF ORDINANCES, PART III, UNIFIED DEVELOPMENT
CODE, ARTICLE 13 — LAND DISTURBING ACTIVITIES AND DRAINAGE;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
WITH THIS ORDINANCE; PROVIDING AN EFFECTIVE DATE; AND
DECLARING AN EMERGENCY
Mayor Carpenter continued the public hearing and opened it up for discussion, and as no one
spoke, Mayor Carpenter closed the public hearing.
Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by
Councilmember Verinder Ordinance No. 13-M12 first and final reading. The vote was
unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Scagliola, Antuna,
and Verinder voting yes, and no one voting no. Motion Carried.
6. ZC2013 -003 — SUP2013 -001 - Conduct a public hearing, consider and act upon a request to
rezone approximately 2.668± acres of land from General Business District (GB) to General
Business District -2 (GB -2) with an associated Specific Use Permit for a self-storage facility
on the subject property. The property is more specifically described as Lot 6, Block 1,
Hubertus Retail as recorded in Document #200806006465, plat records, Coma) County,
Schertz, Texas generally located at the southwest corner of FM -1103 and 1H 35.
(Application withdrawn, public hearing cancelled) (B. James/M. Sanchez)
Mayor Carpenter stated this application was withdrawn by the applicant on April 4, 2013,
prior to published Planning & Zoning Commission hearing and action on April 10 and
Council hearing and action tonight. The public hearing has been cancelled and no action is
required.
No Action taken.
Roll Call Vote Confirmation
Mayor Carpenter recognized City Secretary Brenda Dennis who recapped the votes for agenda items
1, 2, 3, 4, and 5.
Requests and Announcements
7. Announcements by City Manager
Citizen Kudos
i Recognition of City employee actions
• New Departmental initiatives
No announcements were provider.
8. Requests by Mayor and Councilmembers that items be placed on a future City Council
agenda.
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No items requested.
9. Requests by Mayor and Councihembers to City Manager and Staff for information.
No information requested.
10. Announcements by Mayor and Councilmembers
• City and community events attended and to be attended
• City Council Committee and Liaison Assignments (see assignments below)
• Continuing education events attended and to be attended
a Recognition of actions by City employees
a Recognition of actions by community volunteers
4 Upcoming City Council agenda items
Mayor Carpenter recognized Mayor Pro -Tem Edwards who stated he attended the Schertz
Chamber of Commerce Luncheon. He stated Secretary of State John Steen was the host
speaker who made several comments regarding the State of Texas. Secretary of State Steen
provided information on how well the economics are in Texas and in Schertz.
Mayor Pro -Tem Edwards commended Jake Jacobs for the work he has been doing for the
Schertz Lions Club, specifically the upcoming Casino Night event and he encouraged
everyone to attend Friday night.
Mayor Pro-Tern Edwards announced his son Cedric Jr. has been given an appointment by
Congressman Lloyd Doggett to the United States Military Academy at West Point. Mayor
Pro -Tem Edwards stated that Cedric Jr. will be leaving for West Point right after graduation.
Mayor Carpenter recognized Councilmember Scagliola who stated he also attended the
Chamber luncheon. He stated Secretary of State John Steen knows Texas and he is not afraid
to let everyone know how proud he is!
Mayor Carpenter recognized Councilmember Antuna who stated that with a heavy heart he
will not be seeking re- election in November. He stated that he has a lot of good things
happening and great opportunities coming his way that is keeping him really busy.
Councilmember Antuna thanked everyone for the opportunity to serve on City Council and
expressed his gratitude:
Mayor Carpenter recognized Councilmember Verinder who expressed his congratulations to
Cedric Jr. on his appointment.
Councilmember Verinder stated he also attended the Schertz Chamber Luncheon and echoed
the comments made by Secretary of State John Steen earlier today on the on economic
opportunities in Texas.
Mayor Carpenter expressed his congratulations to Cedric Jr. on his appointment to West
Point. Mayor Carpenter also expressed his appreciation and honor of being able to serve
with Councilmember Antuna, stating he will be missed.
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Executive Session
Council did not meet in Executive Session
11. Take any action deemed necessary as a result of the Executive Session.
No action taken as Council did not meet.
Adjournment
As there was no further business, the meeting was adjourned at 8:19
, Michael R. Carpenter
ATTEST:
i Secretary, Brenda Dennis
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