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12-17-2013 MinutesMINUTES REGULAR MEETING December 17, 2013 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on December 17, 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 David Harris Executive Director Brian James City Attorney Samantha Dyal Deputy City Secretary Donna Schmoekel Call to Order Mayor Pro -Tem Jim Fowler Councilmember Daryl John Councilmember Matthew Duke City Manager John Kessel Executive Director John Bierschwale Chief of Staff Bob Cantu City Secretary Brenda Dennis Mayor Carpenter called the Regular Meeting to order at 6:04 p.m. Invocation and Pledges of Allegiance to The Flags of The United States and The State of Texas Deacon Jesse Mata, Our Lady of Perpetual Help Catholic Church provided 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. Bierschwale/B. James) Mayor Carpenter recognized Executive Director of Support David Harris who provided the following announcements and upcoming events: Wednesday, December 18, 2013 — Gail Douglas Retirement Celebration — 11:30 a.m. — Civic Center Ballroom Thursday, December 19, 2013 — Employee Holiday Lunch — 11:00 a.m. to 1:00 p.m. — Civic Center Ballroom Friday, December 20, 2013 — Ribbon Cutting for Liberty Tax — 9:00 a.m. • Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who recognized the EMS Department once again for their valuable service. Mr. Kessel stated that our MPV 801 Ambus was sent to SH 130 past Seguin responding to an over turned bus that slid off the highway. Our Ambus was able to transport simultaneously 11 individuals, 6 walking, and 5 on back boards to the hospital. Mr. Kessel recognized Jose Hernandez, Dudley Wait and Tony Bradford for their outstanding services. 12 -17 -2013 Minutes Page -1- 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. 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 Minutes - Consideration and/or action regarding the approval of the minutes of the Special Meeting of December 6, 2013, and the Regular Meeting of December 10, 2013. (J. Kessel/B. Dennis) ( 2. Ordinance No. 13 -D -59 — Consideration and/or action approving an Ordinance providing that the City Code of Ordinances of the City of Schertz, Texas be amended by revising Section 86- 118; Maximum Limits in School Zones for a certain street, removing the School Zone for a Certain Street, and Reducing the area for the School Zone on a certain street and providing an effective date. Final Reading (J. Bierschwale /J. Hooks/D. Letbetter) The following was read into record: ORDINANCE NO. 13 -D -59 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CITY CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING SECTION 86 -118, MAXIMUM LIMITS IN SCHOOL ZONES FOR A CERTAIN STREET, REMOVING THE SCHOOL ZONE FOR A CERTAIN STREET, AND REDUCING THE AREA FOR THE SCHOOL ZONE ON A CERTAIN STREET AND PROVIDING AN EFFECTIVE DATE 3. City of Schertz 2014 Master Calendar — Consideration and/or action regarding the approval of the City of Schertz 2014 Master Calendar (D. Harris/D. Harris) 12 -17 -2013 Minutes Page - 2 - 4. Cancellation of the December 24, 2013 and December 31, 2013 City Council Meetings — Consideration and/or action cancelling the December 24, 2013 and December 31, 2013 City Council Meetings due to the upcoming holidays. (J. Kessel/Council) Mayor Carpenter recognized Mayor Pro -Tern Fowler, who moved, seconded by Councihnember Edwards, to approve consent agenda items 1, 2, 3, and 4. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Scagliola, John, Edwards and Duke voting yes and no one voting no. Motion Carried. Discussion and Action Items 5. Ordinance No. 13 -H -51 - Consideration and/or action approving an Ordinance by the City Council of the City of Schertz, Texas amending the Code of Ordinances, City of Schertz Texas, Chapter 54 Nuisances; providing a penalty clause; providing a severability clause; repealing all Ordinances or parts of Ordinances in conflict with this Ordinance; and providing an effective date. First Reading (J. Bierschwale/B. Todd) The following was read into record: ORDINANCE NO. 13 -H -51 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS, CHAPTER 54, NUISANCES; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. Mayor Carpenter recognized City Marshal Beverly Todd who introduced this item and answered questions from Council. She stated that at several recent City Council meetings, the City Council has discussed the City's nuisance ordinance that prohibits basketball goals from being placed in the City's streets. The City Council directed staff (1) to remove the prohibition from the nuisance ordinance, and (2) to add a discretionary offense to the traffic safety rules that would allow the police department the ability to issue citations if the specific situation warrants that measure to be taken. The proposed revisions to the nuisance ordinance in Ordinance No. 13 -11-51 is to remove the reference to basketball goals; the proposed new Ordinance No. 13 -D -53 (Agenda Item 7) adds a traffic safety violation addressing "unsafe obstructions" in the street. This new violation provides the police department with a discretionary way to enforce removal of basketball goals from City streets when the placement of the basketball goals creates an "unsafe obstruction." The issue regarding the placement of basketball goals in streets arose while the Marshal's Office was in the process of a review and update of the City's overall nuisance ordinance. In addition to the removal of the provisions regarding basketball goals, the following changes are being proposed to the nuisance ordinance: • Several language changes have been made to bring the ordinance in line with the current language in the applicable state statutes; 12 -17 -2013 Minutes Page - 3 - • Duplicative provisions have been removed; • A provision has been added providing guidelines for composting activities; • The recreational vehicle section has been updated; and • Several clean-up items have been addressed. Staff recommends approval of first reading. Mayor Carpenter recognized Councilmember Scagliola, who moved, seconded by Mayor Pro -Tem Fowler, to approve Ordinance No. 13 -11-51 on first reading. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Scagliola, John, Edwards and Duke voting yes and no one voting no. Motion Carried. 6. Ordinance No. 13 -M -52 — Consideration and/or action approving an Ordinance by the City Council of the City of Schertz, Texas amending the Code of Ordinances, City of Schertz, Texas, Chapter 50, Miscellaneous Offenses and provisions by (1) repealing Article Il, Insanitary, Unsightly, Etc., Conditions on private premises, (2) repealing Sections 50 -107, 50- 108, 50 -109, and 50 -110 of Article III, Abandoned, Junked Property and Property found in violation of Ordinance, Division 2, Motor Vehicles, and (3) amending Sections 50 -105 and 50- 111 of Article III, Abandoned, Junked Property and Property found in violation of Ordinance, Division 2, Motor Vehicles; providing a severability clause; repealing all Ordinances or parts of Ordinances in conflict with this Ordinance; and providing an effective date. First Reading (J. Bierschwale/B. Todd/K. Tapley) The following was read into record: ORDINANCE NO. 13 -M -52 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS, CHAPTER 50, MISCELLANEOUS OFFENSES AND PROVISIONS BY (1) REPEALING ARTICLE II, INSANITARY, UNSIGHTLY, ETC., CONDITIONS ON PRIVATE PREMISES, (2) REPEALING SECTIONS 50 -107, 50 -108, 50 -109, AND 50- 110 OF ARTICLE III, ABANDONED, JUNKED PROPERTY AND PROPERTY FOUND IN VIOLATION OF ORDINANCE, DIVISION 2, MOTOR VEHICLES, AND (3) AMENDING SECTIONS 50 -105 AND 50 -111 OF ARTICLE III, ABANDONED, JUNKED PROPERTY AND PROPERTY FOUND IN VIOLATION OF ORDINANCE, DIVISION 2, MOTOR VEHICLES; PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE Mayor Carpenter recognized City Marshal Beverly Todd who introduced this item and answered questions from Council. She stated that as a part of this nuisance ordinance review process, it came to the attention of the Marshal's office that there are several provisions located in the City's Code of Ordinances, Chapter 50, Miscellaneous Offenses and Provisions, that are duplicative of sections located in the nuisance ordinance. In order to avoid confusion and to facilitate the orderly administration of code enforcement and police activities, the City staff 12 -17 -2013 Minutes Page -4- recommends that the duplicative provisions be deleted. Staff recommends approval of first reading. Mayor Carpenter recognized Councilmember Edwards, who moved, seconded by Councihnember Scagliola, to approve Ordinance No. 13 -M -52 on first reading. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Scagliola, John, Edwards and Duke voting yes and no one voting no. Motion Carried 7. Ordinance No. 13 -D -53 — Consideration and/or action approving an Ordinance amending the Code of Ordinances, City of Schertz, Texas, by adding section 86 -18, No Obstructions in street, to Chapter 86, Traffic and Motor Vehicles,Article I, in General; providing a penalty clause; repealing all Ordinances or parts of Ordinances in conflict with this Ordinance; and providing an effective date. First Reading (J. Bierschwale/M. Hansen/K. Tapley) The following was read into record: ORDINANCE NO. 13 -D -53 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS, BY ADDING SECTION 86 -18, NO OBSTRUCTIONS IN STREET, TO CHAPTER 86, TRAFFIC AND MOTOR VEHICLES, ARTICLE I, IN GENERAL; PROVIDING A PENALTY CLAUSE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE Mayor Carpenter recognized City Marshal Beverly Todd and Police Chief Michael Hansen who introduced this item stating that as stated above on item 5, at several recent City Council meetings, the City Council has discussed the City's nuisance ordinance that prohibits basketball goals from being placed in the City's streets. The City Council directed staff (1) to remove the prohibition from the nuisance ordinance, and (2) to add a discretionary offense to the traffic safety rules that would allow the police department the ability to issue citations if the specific situation warrants that measure to be taken. This item places the restrictions in the City Code of Ordinances Chapter 86, Traffic and Motor Vehicles. Staff recommends approval of first reading. Mayor Carpenter recognized Councihnember Scagliola, who moved, seconded by Mayor Pro-Tem. Fowler, to approve Ordinance No. 13 -D -53 on first reading. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Scagliola, John, Edwards and Duke voting yes and no one voting no. Motion Carried. Roll Call Vote Confirmation Mayor Carpenter recognized Deputy City Secretary Donna Schmoekel who recapped the votes of items 1 through 7. Mayor Carpenter moved to the Executive Section of the Agenda. 12 -17 -2013 Minutes Page - 5 - 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; Mayor Carpenter recessed the regular meeting into executive session at 6:25 p.m. Reconvene into Reeular Session Mayor Carpenter reconvened the meeting at 9:30 p.m. 12. Take any action deemed necessary as a result of the Executive Session. No action taken. Requests and Announcements 8. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives No further announcements provided. 9. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No requests given. 10. Requests by Mayor and Councilmembers to City Manager and Staff for information. No requests for information. 11. 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 12 -17 -2013 Minutes Page - 6 - Recognition of actions by community volunteers Upcoming City Council agenda items .Mayor Carpenter recognized Mayor Pro -Tem Fowler who stated he attended the following: • Friday, December 13, -2013 —Special Council meeting regarding vision statements. Mayor Pro-Tern. Fowler stated that as a result of the meeting the reality is that we need to start looking at our employees, growth of the City, income coming into the City, and the pressure seen in various departments due to recent and upcoming growth. He stated that they need to look at compensation packages for the employees; look at hiring specialty people for various offices and hiring more staff as the City grows and look at decisions regarding the City's tax rate in the future. Mayor Carpenter recognized Councilmember Scagliola who stated he attended the following: Friday, December 13, 2013 — Special Council meeting regarding vision statements Saturday, December 14, 2013 — visited with the Future Farmers Association (FFA) Mayor Carpenter recognized Councilmember Edwards who stated he received an email from Mr. Jay Hix Jones, reality television producer originally from Baytown, Texas. He stated that his team has recently launched a student media ministry (Hungry Fish) and have an upcoming event in Schertz, Texas in February 2014. The event is a weekend film boot camp where they teach high school students how to use digital filmmaking to share their faith. Councilmember Edwards stated that he would forward the email to the other Council members and management. Mayor Carpenter wished his Colleagues, Residents, and City Staff a Merry Christmas. Mayor Carpenter thanked staff for all the work done this past year. He encouraged everyone to reflect on who we are as a City, and think about what we need to do next year. Adiournment As there was no further business, the meeting was adjourn=or- ATTEST: R. Carpenter r City, ecretary, Brenda Dennis 12 -17 -2013 Minutes Page - 7 -