04-23-2013 MinutesMINUTES
REGULAR MEETING
April 23, 2413
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on April 23,
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
City Secretary Brenda Dennis
CALL TO ORDER:
Mayor Pro -Tem Cedric Edwards, Sr.
Councilmember David Scagliola
Councilmember Sydney Verinder
City Manager John C. Kessel
Executive Director David Harris
Chief of Staff Bob Cantu
City Attorney Katherine Tapley
Mayor Carpenter called the Regular Meeting to order at 6:02 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.
Presentations
• Proclamation National Crime Victims Week (Dixie Bane —Guadalupe County Children's
Advocacy Center)
Mayor Carpenter read and presented the proclamation - to Dixie Bane with the Guadalupe
County_ Children's Advocacy Center. Ms. Bane invited everyone to an evening of Advocacy
and Awareness, Thursday, April 25, 2013, Schertz United Methodist Church at 5:30 p.m.
• Presentation/discussion and direction regarding the Final Report from the EMS Consultant (J.
Bierschwale/D. Wait)
Council requested more time to review the report and receive information and to ensure the
questions Mayor Pro -Tem Edwards sent to the consultant are provided well before the May
7, 2013 Council meeting.
Council concurred to discuss this item in two weeks.
City Events and Announcements
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• Announcements of upcoming City Events (D. Harris /J. BierschwalelB, James)
Mayor Carpenter recognized Executive Director David Harris who announced the following
upcoming events:
Thursday, April 25, 2013 — Volunteer Fair and Open House, 6 pm, Schertz Civic
Center.
Tuesday, Apri130, 2013- Hal Baldwin Scholarship application deadline.
Applicants must live in Schertz. On May 14, 2013 City Council will determine a
winner and on May 21, 2013 City Council will present the scholarship to the whiner at
Council meeting.
Thursday, May 2, 2013 — Sweetheart Court Coronation, Schertz Civic Center -5:45 pm.
Saturday, May 4, 2013 — Randolph Area Christian Assistance Program (RACAP)
celebrates 30 years of operation, fpm to 3:30 pm, 307 Pfeil. Non - perishable food
donations accepted.
Thursday, May 9, 2013 — Designer Purse Bingo fundraiser hosted by Guadalupe
County Children's Advocacy Center, Schertz Civic Center, 7pm — 9pm.
Executive Director of Operations John Bierschwale stated that in light of the events in
the City of West, the City of San Antonio has requested the Schertz Ambus be available
during the Flambeau and Battle of Flowers Parade event.
• Announcements and recognitions by City Manager (J. Kessel)
Mayor Carpenter recognized City Manager John Kessel stated he received a thank you and
recognition email from a family member who recently rented one of the parks pavilions. In
the email they expressed their thanks to Parks Worker Chris Stier for his assistance. They
complimented the facility and were very impressed how Chris assisted them.
City Manager John Kessel complimented Police Chief Michael Hansen on a new pinning
ceremony program he has put together to recognize new officers. Mr. Kessel stated the first
ceremony was conducted Monday for Officer Armstrong. Management, Family, Friends and
various Police Department personnel were present for the event.
Mr. Kessel stated that Chief Hansen has started a new tradition for the officers and it has
been well received.
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 he 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 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 Carpenter recognized the following who spoke:
Mr. Grumpy Azzoz, 528 Wayward Pass, who stated he wanted to put to rest rumors
regarding his voter registration. He had also signed up to address the EMS report, but since
the report discussion is being tabled this evening, he will address his questions later.
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.
Mayor Carpenter recognized Councilmember Verinder who requested that agenda item 1 be
removed for separate action.
2. Resolution No. 13 -R -30 — Consideration and/or action approving a Resolution authorizing
the City Manager to enter into an agreement for the purchase of a Fire Truck and associated
equipment, and other matters in connection therewith. (D. Covington/M. Spain)
The following caption was read into record:
RESOLUTION NO. 13-R-30
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR
THE PURCHASE OF A FIRE TRUCK AND ASSOCIATED EQUIPMENT, AND
OTHER MATTERS IN CONNECTION THEREWITH
3. Resolution No. 13 -R -34 — Consideration and/or action approving a Resolution authorizing
an Amendment to a Professional Services Agreement with Ford Engineering, Inc., and other
matters in connection therewith. (B. James/M. Sanchez)
The following caption was read into record:
RESOLUTION NO. 13 -R -34
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A FOURTH AMENDMENT TO A PROFESSIONAL SERVICES
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AGREEMENT WITH FORD ENGINEERING, INC., AND OTHER MATTERS IN
CONNECTION THEREWITH
Mayor Carpenter recognized Mayor Pro -Tern Edwards who moved, seconded by
Councilmember Scagliola to approve the consent agenda items 2 and 3. The vote was
unanimous, with Mayor Pro -Tem Edwards, Councilmembers Fowler, Scagliola, Antuna
and Yerinder voting yes, and no one voting no. Motion Carried
Discussion and Action Items
1. Minutes - Consideration and/or action regarding the approval of the minutes of the Special
Joint Meeting and Regular Meeting of April 9, 2013 and the Regular Meeting of April 16,
2013. (J. Kessel/B. Dennis)
Mayor Carpenter recognized Mayor Pro-Tem. Edwards who moved, seconded by
Councilmember Fowler to approve the minutes of the Joint and Regular Meeting of April 9,
2013. The vote was 4 -0 -1, with Mayor Pro -Tem Edwards, Councilmembers Fowler,
Scagliola and Antuna voting yes, and no one voting no, and Councilmember Yerinder
abstaining. Motion Carried.
Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by
Councilmember Scagliola to approve the minutes of the Regular Meeting of April 16, 2013.
The vote was unanimous, with Mayor Pro -Tem Edwards, Councilmembers Fowler,
Scagliola, Antuna and Yerinder voting yes, and no one voting no. Motion Carried.
Discussion and Action Items
4. Ordinance No. 13 -S -13 -- Continue Public Hearing and consideration and/or action approving
an Ordinance on a request to rezone approximately 2.010 ± acres of land generally located on
the southeast corner of FM 482 and Old Nacogdoches Road from Pre - Development District
(PRE) to General Business District (GB), out of the Francisco Rodriguez Survey, No. 99,
Section 2, Comal County, Schertz, Texas. First Reading (B. James/M. Sanchez)
The following caption was read into record:
ORDINANCE NO. 13 -S -13
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE OFFICIAL ZONING MAP ORDINANCE NO. 11 -S -15 BY
REZONING APPROXIMATELY 2.010± ACRES OF LAND FROM
PREDEVELOPMENT DISTRICT (PRE) TO GENERAL BUSINESS DISTRICT
(GB), OUT OF THE FRANCISCO RODRIGUEZ SURVEY, NO. 99, SECTION 2,
CITY OF SCHERTZ, COMAL COUNTY, TEXAS, GENERALLY LOCATED ON
THE SOUTHEAST CORNER OF FM 482 AND OLD NACOGDOCHES ROAD; AND
OTHER MATTERS IN CONNECTION THEREWITH AND PROVIDING AN
EFFECTIVE DATE.
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Mayor Carpenter recognized Development Services Director Michelle Sanchez who
introduced this item stating that the applicant is proposing to rezone approximately 2.010+
acres of land from Pre - Development District (PRE) to General Business (GB). ^
The subject property contains 7 existing structures several of which are dilapidated and the
applicant has indicated the desire to redevelop the property into a family oriented country
style bar and grill which will include a dining area, playground area for children, live
entertainment and a building for private events. Staff reviewed the request for conformance
with the Comprehensive Land Plan. The Future Land Use Plan (FLUP) designates the subject
property for Rural Development which is defined in the Comprehensive Land Plan as areas
of cultivated cropland, orchards /vineyards, pasture, woodlots, wetlands, undeveloped land
and sparsely populated areas that are still distinct from more urbanized areas.
Ms. Sanchez stated staff recommends disapproval of the zoning request based on the
inconsistency with the Comprehensive Land Plan as it relates to the Future Land Use Map
and the potential negative impacts to surrounding properties.
Mayor Carpenter opened the public hearing and the following spoke in favor of the rezoning:
• Mr. Dean Weirtz, 4301 Monument Pass
• Mrs. Sharlene Fey, 6028 FM 482
Mayor Carpenter recognized the following spoke against the rezoning:
• Mr. Kyle Cox, 2615 Bunker
• Mr. David Richmond, 2921 Bent Tree
As no one else spoke, Mayor opened this item up for Council discussion. Mayor and Council
discussed this item in great length voicing their concerns with the rezone request as it relates
to the City's Comprehensive Land Use Plan in the particular area.
Mayor and Council discussed possible other zoning uses that could possibly fit, i.e.,
Neighborhood Services, Planned. Development District. Mayor and Council were intrigued
with the idea, . but stated that GB Zoning is not appropriate in that area. Council requested
staff to work with the applicant for a possible solution.
Council chose to take no action on the zoning request. No action taken.
5. Ordinance No. 13 -D -14 — Consideration and/or action approving an Ordinance amending
Section 86 -61 of the Code of Ordinances, Traffic and Motor Vehicles, relating to driving in
drainage easements; repealing all ordinances or parts of Ordinances in conflict with the
Ordinance; and providing an effective date. (B. James/M. Spain) First Reading
The following caption was read into record:
ORDINANCE NO. 13 -D -14
AMENDING SECTION 86 -61 OF THE CODE OF ORDINANCES, TRAFFIC AND
MOTOR VEHICLES, RELATING TO DRIVING IN DRAINAGE EASEMENTS;
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REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE
Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by
Councilmember Verinder to approve Ordinance No. 13 -D -14 on first 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. Ordinance No. 13 -5 -15 -- Consideration and/or action approving an Ordinance authorizing
an application process for Developing and Operating a Cemetery in the City of Schertz;
repealing all Ordinances or parts of Ordinances in conflict with this Ordinance; and
providing an effective date. (B. James/M. Spain) First Reading
The following caption was read into record:
ORDINANCE NO. 13 -5 -15
AUTHORIZING AN APPLICATION PROCESS FOR DEVELOPING AND
OPERATING A CEMETERY IN THE CITY OF SCHERTZ; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS
ORDINANCE; AND PROVIDING AN EFFECTIVE DATE .
Mayor Carpenter recognized Mayor Pro-Tern Edwards who moved, seconded by
Councilmember Scagliola to approve Ordinance No. 13 -5 -15 on first reading. The vote was
unanimous, with Mayor Pro -Tem Edwards, Councilmembers Fowler, Scagliola, Afituna and
Verinder 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 through 6.
Requests and Announcements
7. - Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
Mayor Carpenter recognized City Manager John Kessel who welcomed back City Attorney
Katherine Tapley, who is returning from maternity leave.
Mr. Kessel also stated that this evening is City Attorney Michael Spain's last meeting. Mr.
Kessel stated that the City is planning a retirement celebration sometime in May and that
invitations will be sent out.
Mr. Kessel personally thanked Mr. Spain for his service to the City over the years. '
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8. Requests by Mayor and Councilmembers that items be placed on a future City Council
agenda.
No requests given.
9. Requests by Mayor and Councilmembers to City Manager and Staff for information.
Mayor Carpenter recognized Councilmember Fowler who asked about the status of finding a
Contractor for the Employee Climate Survey that was requested. City Manager John Kessel
stated that he sent Council an email with a handful of options that were outlined and has
received comment back from some of the Councilmembers. Mr. Kessel stated that HR
Director Josh Smith is recommending a contract with Saint Mary's University that will be
both cost and organizationally effective.
Mr. Kessel stated that if Council is agreeable to utilizing Saint Mary's University, he will get
with Mr. Smith to work out the details and bring forward information on their services.
Council agreed to have the City Manager finalize the Contractor options and bring an item
forward for consideration at a future meeting.
10. Announcements by Mayor and Councilmembers
• City and community events attended and to be attended
0 City Council Committee and Liaison Assignments (see assignments below)
o 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 Edwards who stated he attended the following
events:
e Thursday, April 18, 2013 — Baptist Hospital Tour and Ribbon Cutting
• Friday, April 19, 2013 — Lion's Club Casino Night
• Saturday, April 20, 2013 —Absolute Jazz
Mayor Pro -Tem Edwards thanked Mr. Spain for his institutional knowledge and guidance
over the years.
Mayor Carpenter recognized Councilmember Fowler who publically thanked Mr. Spain for
his service to the City.
Councilmember Fowler also stated that he recently observed the EMS and Police
Departments working together on . a sensitive situation where a death had occurred. He
complimented their professionalism as well as their compassion.
Mayor Carpenter recognized Councilmember Fowler thanked Mr. Spain for his service to the
City.
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Mayor Carpenter recognized Councilmember Scagliola who stated he attended the following
events:
• Thursday, April 18, 2013 — Baptist Hospital Tour and Ribbon Cutting
• Saturday, April 20, 2013 — Wounded Warriors fund raiser at Hooligan's
• Saturday, April 20, 2013 — Absolute Jazz
Councilmember Scagliola stated that he is not going .to say goodbye, but see you later.
Councilmember Scaghola stated Mr. Spain is like a lucky penny — he keeps showing up and
at the right time.
Mayor Carpenter recognized Councilmember Antuna who stated he attended the MPO
meeting yesterday and they passed a resolution approving the new makeup of the Board, with
the addition of Board members, 2 from Guadalupe County and 2 from Kendall County and 2
from Comal County.
Councilmember Antuna thanked Mr. Spain for all he has done for the City.
Mayor Carpenter recognized Councilmember Verinder who stated he attended the following
events;
• Thursday, April 18, 2013 — Baptist Hospital Tour and Ribbon Cutting
• Saturday, April 20, 2013 — Absolute Jazz
Councilmember Verinder stated that even though he has worked with Mr. Spain for a short
time, he had written down a few comments: what a great example, dedicated and
knowledgeable individual. Councilmember Verinder thanked Mr. Spain.
Mayor Carpenter stated that the deployment of the Ambus recently to the City of West is a
great vote of confidence and a great compliment to the City of Schertz. He expressed how
proud he was of the premium quality of responders.
Mayor Carpenter stated he attended the following events:
Thursday, April 18, 2013 — Baptist Hospital Tour and Ribbon Cutting
Saturday; April 20, 2013 — Library Volunteer Luncheon
Saturday, April 20, 2013 — Absolute Jazz
Mayor Carpenter expressed his appreciation to City Attorney Michael Spain for his tenure,
stating that he is the only one he knows that has had a single job for the twenty -five years.
Mayor Carpenter recognized City Attorney Michael Spain who came forward expressing his
sincere honor and pleasure to serve as City Attorney for the last 25 years. Mr. Spain thanked
everyone for their kindness shown him over the years and the past few months as Interim
City Attorney. He commented that he is constantly impressed with everyone's
professionalism and is gratified to see the City's orderly and impressive growth.
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Mayor Carpenter stated that as there are no items for Council to consider for the April 30,
2013 date, there will be no meeting; the next meeting is scheduled for May 7, 2013.
Executive Session
City 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:
Michael R. Carpenter
ST:
r
ity Secretary, Brenda Dennis
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