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09-24-2013 MinutesNHNUTES REGULAR MEETING September 24, 2013 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on September 24, 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 Carpenter Councilmember David Scagliola Councilmember Cedric Edwards Staff Present: Executive Director .Brian James City Attorney Katherine Tapley Deputy City Secretary Donna Schmoekel CALL TO ORDER: Mayor Pro-Tem Jim Fowler Councihnember George Antuna Councihnember Sydney Verinder Executive Director Jahn Bierschwale 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 Jerry Goodridge, Bracken United Methodist Church, gave the Invocation followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. C~_Events and Announcements • Announcements of upcoming City Events (J. Bierschwale/B. James} Mayor Carpenter recognized Executive Director of Development Brian James who provided the following announcements of upcoming events: Tuesday, October 1, 2013 - 6:00 p.m. Council to meet at the Administration Building #2 before 6:00 p.m, to visit all the National Night Out Events. Wednesday, October 2, 2013 -Texas Municipal League will be hosting a training seminar regarding integrity, ethics and leadership in the workplace at the Schertz Civic Center 8:30 a.m. to 4:30 p.m. Saturday, October S, 2013 through Sunday October 20, 2013 City is hosting the Fall Clean-up Event. Contact 311 or visit www.schertz.com for details. l • Announcements and recognitions by City Manager Office (J. Bierschwale) Mayor Carpenter recognized Executive Director of Operations John Bierschwale who thanked everyone for supporting and volunteering for Schertz Fest. Mr. Bierschwale stated that there were over 67 barbecue entries this year. 09-24-2013 Minutes page-l- Presentations: • Proclamation Fire Prevention Week (MayorlD. Covington) Mayor Carpenter recognized Fire Chief David Covington and Assistant Fire Chief Glen Outlaw who announced the Fire Prevention Week events. Mayor Carpenter read and presented the proclamation. Presentation and Discussion regarding the City of Schertz Skate Park (P. Gaudreau/G. Logan} Mayor Carpenter recognized Parks, Recreation and Community Services Director George Logan who provided a briefing on the status and design of the Schertz Skate Park. Mr. Logan introduced Mr. Phillip Whalen who also provided information on the project. Mr. Logan and Mr. Whalen answered questions from Council. Presentation and Discussion regarding the education component of the City of Schertz Comprehensive Plan. (B. James/L. Wood} Mayor Carpenter recognized Executive Director of Development Brian James who provided a PowerPoint presentation regarding the Schertz Comprehensive Plan as it relates to the education component. Some of the highlights included: Basics of what is the purpose of a Comprehensive Plan: - Traditional Definition: A comprehensive plan is a long range plan intended to direct the growth and physical development of a community fora 20 to 30 year or longer period. - A comprehensive plan covers things like utilities, transportation, land use, parks, public facilities, etc. Changing Nature of Plans: - Are not limited to just physical improvements may cover topics like education, health and wellness, economic development, housing, food and nutrition What cities include the sections of the plan. Why should cities in Texas have an education section since independent school districts are tasked with providing education? - A major factor in the consideration of a community for potential residential and business locations is the quality of educational opportunities provided to the residents. • What needs to be covered in an education section? - Existing conditions and trends - School location criteria - Goals and objectives 09-24-2013 Minutes Page - 2 - Mayor and Council thanked Mr. James and all agreed to have staff move forward to include an education component in the Schertz Comprehensive Plan. Hearing of Residents: This time is set aside for any person who wishes to address the City Council. Each person should frll 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, ar 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 off cer, 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. Richard Dziewit, 2550 Chasefield Drive, who came forward on behalf of the Schertz Citizens Police Alumni Association group, thankixig the City for the success of the Schertz Fest celebration, especially the law enforcement group from Samuel Clemens High School and Officer Kellie Davidson & Chief Hansen, as well as all the officers who assisted them. • Mr, Robert Brockman, 1000 Elbel, who stated he attended the Board of Adjustment meeting on Monday and recognized the need for committee members to he in attendance. Also, since the City is terminating its agreement with the New BraunfelslComal County Senior Foundation, what will become of the New and Used Thrift store? He stated there is a for sale sign on the building, and asked if the City is interested in purchasing it? • Ms. Maggie Titterington, Schertz Chamber of Commerce President, who provided a briefmg on the upcoming Chamber events. Ms. Titterington announced that the Northbound exit to FM 3009 will ciase until the middle of October based an the latest information from TxDOT. She stated this is to allow the construction of a two lane exit as well as to re-position the ramp, The local businesses are not happy about the construction and delays. She also stated that this coming Friday, Lula Mae Schertz will get to meet some relatives from the original Schertz family. She reminded everyone of the forthcoming `Meet the Candidates' gathering at the Schertz Civic Center which will also include candidates running for of#ice in our neighboring City of Cibolo. She is not aware of a separate meeting of the Cibolo candidates. However, Michael Dahle is hosting a South Schertz meeting this coming Saturday and he has invited all candidates to come out. Mayor Carpenter recognized Mayor Pro-Tem Fowler who requested item 7 be removed from the consent for discussion and separate action. Consent Agenda Items 09-24-20i 3 Minutes Page - 3 - Minutes -Consideration and/ar action regarding the approval of the minutes of the Regular and Joint Meeting with the Transportation Safety Advisory Commission of September 17, 2013. (B. Dennis/D. Schmoekel) 2. Cancellation of the October 1, 2413, and October 8, 2013 City Council Meetings Consideration and/or action cancelling the October 1, 2013 City Council Meeting to observe National Night Out, and cancelling the October $, 2013 City Council Meeting to attend the Texas Municipal League Conference in Austin. (J. Bierschwale/Council) 3. Resolution No. 13-R-83 -Consideration and/or action approving a Resolution authorizing EMS Debt Revenue Adjustments for inactive outstanding accounts receivables a$er 180 days of non payment and other matters in connection therewith. (J. Bierschwale/D. Wait) The following was read into record: RESOLUTION NO. 13-R-83 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING EMS DEBT REVENUE ADJUSTMENTS FOR INACTNE OUTSTANDING ACCOUNTS RECEIVABLES AFTER 18D DAYS OF NON PAYMENT AND OTHER MATTERS IN CONNECTION THEREWITH 4. Resolution No. 13-R-84 -Consideration and/or action approving a Resolution authorizing 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-84 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING UTILITY BILLING DEBT REVENUE ADJUSTMENTS FOR INACTIVE OUTSTANDING ACCOUNTS RECEIVABLES AFTER 18Q DAYS OF NON PAYMENT AND OTHER MATTERS IN CONNECTION THEREWITH 5. Resolution No. 13-R-81 -Consideration and/or action approving a Resolution authorizing a Release of Waterline Easement fora 25 foot wide Waterline Easement located in Comal County, Texas, originally granted to the City by George M. Heberer and India D. Heberer, and more specifically described in the Easement Document Recorded in Volume 417, Page 4G7 of the Official Records of Guadalupe County, Texas, and other matters in connection therewith. (J. Bierschwale/S. WilloughbylL. Busch} The following was read into record: RESOLUTION NO. 13-R-81 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A RELEASE OF WATERLINE EASEMENT FORA 25 FOOT 09-24-2013 Minutes Page - 4 - WIDE WATERLINE EASEMENT LOCATED IN COMAL COUNTY, TEXAS, ORIGINALLY GRANTED TO THE CITY BY GEORGE M. HEBERER AND INDIA D. HEBERER, AND MORE SPECIFICALLY DESCRIBED IN THE EASEMENT DOCUMENT RECORDED IN VOLUME 417, PAGE 467 OF THE OFFICIAL RECORDS OF GUADALUPE COUNTY, TEXAS, AND OTHER MATTERS IN CONNECTION THEREWITH 6. Resolution No. 13~R-82 -Consideration and/or action approving a Resolution approving agreements far one {1) 16-Foot Permanent Sanitary Sewer Easement and one (1) 2S-Foot by 2S-Foot Turnaround Sanitary Sewer line Easement from Schertz Commercial Park, L, P. in the Northcliffe Plaza Development and other matters. in connection therewith. (J. Bierschwale/S. Willoughby/J. Hooks) The following was read into record: RESOLUTION NO. 13-R-82 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING AGREEMENTS FOR ONE {1) 16-FOOT PERIVIANENT SANITARY SEWER EASEMENT AND ONE (1} 25-FOOT BY 25-FOOT TURNAROUND SANITARY SEWERLINE EASEMENT FROM SCHERTZ COMMERCIAL PARK, L.P. IN THE NORTHCLIFFE PLAZA DEVELOPMENT AND OTHER MATTERS IN CONNECTION THEREWITH Resolution Na. 13-R-86 -Consideration andlor action approving a Resolution authorizing the adoption of the City of Schertz Investment Policy. {J. BierschwalelJ. SantoyalR. Galindo} The following was read into record: RESOLUTION NO. 13-R-86 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING ADOPTION OF THE CITY OF SCHERTZ INVESTMENT POLICY. Mayor Carpenter recognized Councilmember Edwards, who moved, seconded by Mayor Pro- Tem Fowler, to approve the Consent Agenda items 1 through 6 and item 8. The vote was unanimous with Mayor Pro-Tem Fowler, Councilmembers Scagliola, Antuna, Edwards, and [~erinder voting yes and no one voting no. Motion Carrier Discussion.and Action Items 7. Resolution No, 13-R-85 -Consideration and/or action approving a Resolution authorizing an agreement with Alamo Area Council of Governments {AACOG) to provide funding up to $22,020 for Transit Services in the City of Schertz. (B. JamesB. James) The following was read into record; 09-24-2013 Minutes Page - 5 - RESOLUTION NO. 13-R-85 A RESOLUTION BY THE CITY COUNCIL AUTHORIZING AN AGREEMENT WITH THE ALAMO AREA COUNCIL OF GOVERNMENTS (AACOG) TO PROVIDE FUNDING UP TO $22,020 FOR TRANSIT SERVICES IN THE CITY OF SCHERTZ. Mayor Carpenter recognized Executive Director of Development Brian James who introduced this item stating currently, Schertz residents benefit from access to the Alamo Regional Transit {ART), the rural transit system opera#ed by the Alamo Area Council of Governments {AACOG). While the number of passenger trips for our residents is modest, approximately 930, this option far transit is important to those who use the transit service, Almost 75 percent of those who use this service are seniors and almost half the trips are far medical appointments (non-Medicaid}. The ability to use transit makes it possible for these residents to be independent and improves quality of life. Up until recently, funds to operate rural transit were provided by the Texas Department of Transportation (TxDOT) from federal and state funds for rural areas. As a result of the 2010 Census, Schertz was recently included in the San Antonio urbanized area and Rural Transit funds cannot be used to fund this service. Instead, funds provided to VIA for service to Large Urban Areas can be used. This funding does require a local match from the City of Schertz. As part of the 2013-1014 Budget, the City allocated $22,020 for FY 2013-14. Staff is recommending that the City enter into an agreement with AACOG to continue to provide transportation services. Fiscal impact for the FY 2013-14 year is $22,020. Mayor Carpenter recognized Councilmember Edwards, who moved, seconded by Councilmember Scagliola, to approve Resolution No. 13-R-SS. The vote was unanimous with Mayor Pro-Tem Fowler, Councilmembers Scagliola, Antuna, Edwards, and Verinder voting yes and no one voting no. Motion Carried. Mayor Carpenter recessed the regular meeting info executive session at 7:02 p.m. Executive Session Called under: Section 551.071 Texas Government Code Deliberation regarding litigation, pending or contemplated litigation; and Consultations with the City Attorney regarding advice on legal matters; Section 551.072 Texas Government Code -Deliberation regarding the purchase, exchange, sale, lease, or value of real property, or real estate; Section 551.074 Texas Government Code -Deliberation regarding personnel matters, policies, duties, employment, and evaluation of certain public officials and employees; Reconvene into Regular Session 09-24-2013 Minutes Page - b - Mayor Carpenter reconvened fnfo regular session at 7:30 p.m. Ib. Take any action deemed necessary as a result of the Executive Session. No action taken. Mayor Carpenter moved back to the discussion items. Discussion and Action Items 4. AppointAaentslReappointments and Resignations to City Boards, Commissions, Committees -Consideration and/or action regarding appointments/reappaintments and resignations to City Boards, Commissions, and Committees. (B. Dennis/D. Schmoekel) • Resignation of Mr. Chris Montgomery --Board of Adjustments Mayor Carpenter recognized Mayor Pro-Tem Fowler, who moved, seconded by Councilmember Edwards, to ratify the resignation of Mr. Chris Montgomery of the Board of Adjustments. The vote was unanimous with Mayor Rra-Tem Fowler, Councilmembers Scagliola, Antuna, Edwards, and Yerinder voting yes and no one voting no. Motion Carried. 10. Ordinance No. 13-T-42 -Consideration and/or action approving an Ordinance adopting a Budget for the Fiscal Year beginning October 1, 2013, and ending September 30, 2014, for the Schertz Library Board, providing that it has been approved by the Board; providing that this Ordinance shall be cumulative of all Ordinances; providing a severability Clause; and Providing an effective date; and declaring an emergency. First & Final Reading (B. James/J. Walters/G. Douglas/M. Uhlhorn) The following was read into record: ORDINANCE NO. 13-T-42 AN ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2013, AND ENDING SEPTEMBER 30, 2014, FOR THE SCHERTZ LIBRARY BOARD; PROVIDING THAT IT HAS BEEN APPROVED BY THE BOARD; PROVH)ING THAT THIS ORDINANCE SHALL BE CUMiJLATIVE OF ALL ORDINANCES; PROVHIING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. Mayor Carpenter recognized Budget/Finance Analyst James Walters who introduced this item stating that the Library Board was established by City Council on January 3, 1978 to provide citizen input to the City on Library policy and operation and to raise community awareness of the library and its services. Today, the Board oversees various fund raising activities including the Read Before Bookstore, paper recycling, and book consignment sales, with all proceeds dedicated to the benefit of the Library. The Library Board voted and approved the Library Fund budget on September 9~', 2013 at their regular board meeting. 09-24-2013 Minutes Page - 7 - The Library Board is considered a component unit of the City and its revenues are restricted to be spent an the library only. As such, Council is not required to approve the Library Fund budget. However, in continuing with the City's commitment to financial transparency, the budget for the Library Fund is being brought before Council for their approval. Iri the future, the Library Fund Budget will be included with the All Funds budget that is brought before Council in August. Mr. Walters addressed questions from Council. Mayor Carpenter recogrllzed Mayor Pro-Tem Fowler, who moved, seconded by Councilmember Scagliola, to approve Ordinance No. 13-T-72 first and fmal. The vote was unanimous with Mayor Pro-Tem Fowler, Councilmembers Scagliola, Antuna, Edwards, and Yerinder voting yes and no one voting no. Motion Carried 11. Resolution No. 13-R-87 -Consideration and/or action approving a Resolution authorizing the termination of the Operating Agreement with the Comal County Senior Citizen Foundation, and other matters in connection therewith. (B. James/K. Tapley) No action taken on this item. Roll Call Vote Confirmation Mayor Carpenter recognized Deputy City Secretary Donna Schmoekel who recapped the votes for agenda items 1 through 10. Requests and Announcements 12. Announcements by City Manager Office • Citizen Kudas Recognition of City employee actions • New Departmental initiatives Mayor Carpenter recognized Executive Director of Operations John Bierschwale who stated as the Council had received an email regarding a missing 9 year old boy, he has been located and was at a friend's house. Mr. Bierschwale also stated that the traffic light on Savannah and Schertz Parkway has been fixed. 13. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No items requested. 14. Requests by Mayor and Councilmembers to City Manager and Stafif for information. Mayor Carpenter recognized Councilmember Edwards who suggested they get together soon to start on their strategic planning of what the City might look like in the next 15 years not just the next 3-5 years. Executive Director of Operations John Bierschwale responded that 09-24-2013 Minutes Page - 8 - City Manager John Kessel was already starting on this with plans for team building & planning for the future sessions. Mayor Carpenter recognized Mayor Pro-Tem Fowler who asked that Executive Director of Development Brian James have some information to present an our master plan regarding the widths of different lot sizes. Mayor Carpenter recognized Councilmember Scagliala who asked about the status on IH 35 and Schwab Rd where the bridge was damaged. Executive Director of Operations John Bierschwale answered that TxDOT began emergency repairs and future construction will be completed in 3D days. They also adjusted the timing of the light at IH-35 and FM 1103 to expedite traffic flow. 15. 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 • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items Mayor Carpenter recognized Mayor Pro-Tem Fowler who stated he attended the following: • September 19, 2013, Schertz-Cibolo-Universal City Independent School District Board meeting where the school' board members approved the $1.65 million contribution towards the Natatorium project. • Monday, September 23, 2013, Park & Recreation Meeting. Mayor Carpenter recognized Councilmember Scagliola who stated he attended the following: • Friday and Saturday, September 20 and 21, 2013 Schertz Fest, • Thursday, September 19, 2013, Schertz Chamber A$er-Hours Mixer, hosted by DeVoir Fitness Studio. Mayor Carpenter recognized Councilmember Edwaxds who stated he attended the following: • September 19, 2013, Schertz-Cibolo-Universal City Independent School District Board meeting. . Mayor Carpenter stated he attended the following events: • September 19, 2013, Schertz-Cibolo-Universal City Independent School District Board meeting and we got their. Mayor Carpenter thanked everyone who gave of their time and participated in and made Schertz Fest a success this year. It was also a time to celebrate the City's 55a' birthday as it was incorparated in September of 1958. Adjournment ~4s there was no further business, the meeting was adjourned at 7.•Sl p. m. D9-24-2013 Minutes Page - 9 - ATTEST: Secretary, Brenda Dennis /~,.//~ / Michael R. Carpenter, Mayor 09-24-2013 Minutes Page - ~o -