02-11-2014 MinutesMINUTES
REGULAR MEETING
February 11, 2014
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on February
11, 2014, 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 Pro -Tem David Scagliola
Councihnember Jim Fowler
Councilmember Cedric Edwards
Staff Present:
Executive Director David Harris
City Attorney Charles Zech
Deputy City Secretary Donna Schmoekel
Purchasing & Asset Director Rita Duprat -Waldo
Mayor Michael Carpenter was absent.
Call to Order
Councihnember Daryl John
Councihmember Matthew Duke
City Manager John Kessel
Executive Director Brian James
Chief of Staff Bob Cantu
Human Resource Director Josh Smith
Finance Director Juan Samoya
Mayor Pro -Tem Scagliola called the Regular Meeting to order at 6:03 p.m., mentioning that Mayor
Carpenter was absent this evening.
Invocation and Pledges of Allegiance to The Flags of The United States and The State of
Texas
Deacon Harvey Balcer, Good Shepherd 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 Pro -Tem Scagliola recognized Executive Director of Support David Harris who
provided the following announcements and upcoming events:
• Wednesday, February 12, 2014, Schertz Chamber of Commerce After -Hours Mixer
hosted by STRIC, 5000 Schertz Parkway, Suite 500, 5:30 p.m. to 7:00 p.m.
• Wednesday, February 12, 2014, Transportation Safety Advisory Commission
community meeting concerning multiple complaints regarding speeding on Oak
Valley Drive, Schertz Civic Center — Bluebonnet Room, 6:00 p.m.
• Wednesday, February 12, 2014, Joint Land Use Study Interactive Workshop, Schertz
Civic Center, 6:00 p.m.
• Thursday, February 13, 2014, Northeast Partnership meeting, Olympia Hills Golf and
Conference Center Universal City, 11:30 a.m.
• Monday, February 17, 2014 — President's Day, City Holiday — Offices will be closed.
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• Tuesday, February 18, 2014, Schertz Chamber Luncheon, Schertz Civic Center,
11:30 a.m.
• Saturday, March 1, 2014, Wilenchik Walk for Life, 7:30 a.m. to 11:30 a.m., meet at
Samuel Clemens High School parking lot.
• Announcements and recognitions by City Manager (J. Kessel)
Mayor Pro -Tem Scagliola recognized City Manager John Kessel who stated he received a
glowing letter from the Texas Department of State Health Services. They recently did an
inspection of our training facility for EMS. Mr. Kessel stated we run an EMS training
academy and are licensed through the State of Texas to provide that training. The State
audited our last session by surprise. They wrote "review of all documentation was validated
and the program has been unswerving and exemplary in conduct of EMS training, leadership
of the program and the course demonstrated their passion and commitment to students in
completion of their pursuit of emergency medical services training." They went on to say we
had passed. Mr. Kessel stated this was great information to hear and very glowing
information from the department. Mr. Kessel made a special shout out to Michael
Consentino and Bud Hirshburg who are the two gentlemen that run the program as well as
others that are also involved in the program.
Presentation
• Presentation and update regarding the Schertz Historical Preservation Committee's
Activities. (B. James/D. Weirtz)
Mayor Pro-Tern Scagliola recognized Chair of the Historical Perseveration Committee Dean
Weirtz who provided an update and the 2013 annual report of the activities of the committee.
Mr. Weirtz stated at the close of each year, the Committee has adopted new objectives meant
to support the goals set for it by City Council in its original Committee formation resolution
of December 2006. Over the years since its inception, the Committee has come to realize
that two of the three original goals set for it are unattainable and therefore are currently
outside the scope of our pursuits. Those two goals include 1) establishment of a history
museum, and, 2) Securing grants for support of a museum. The third goal of protecting and
preserving the historically significant structures within the Schertz community has had a hold
placed on it since May 2012 andjust recently was resurrected when the Committee presented
and the Council approved at its December P meeting four structures for selection as
"landmark properties." The issue of whether the Committee's April 2013 approved historic
or culturally significant designation formula (specifically the provision for adoption of a
historic district overlay zoning category) would be acceptable for ordinance inclusion
remains pending before City Council.- Absent clear and detailed UDC guidance as to City
policy and procedures for operation of the Committee's historic /culturally significant
designation program, the Committee has relied on the self - proclaimed policy and procedures
as appear in its by -laws. The Committee has set its objectives for both 2013 and 2014 based
upon that set of guidelines. One element of last year's objectives was to promote the
advancement of the community's historic narrative. The committee has pursued advancing
the historic narrative in a couple of ways.
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Mr. Weirtz stated the committee has continued an information newsletter project that
publishes a Committee newsletter sent to dozens of interested Schertz citizens who have
shown an interested in our group's activities. Summer, fall, winter and spring newsletters are
published outlining Committee activities during the previous quarter.
We also publish quarterly what we call Remembrances Special Edition Articles that are short
stories regarding local historical events, people and/or places. Eleven such articles were
published in 2013 and 37 have been published since the program's inception in 2010. He
stated their Cemetery Subcommittee has continued to enhance its publication efforts that
document local and area cemetery history and placements.
The Committee's historic designation and recognition program objectives for 2013 included
continuing to seek UDC amendment as pertains to the city's historic preservation program,
researching and designating eligible landmark properties (four of which were so designated
in December as seen on the slide), seeking national designation for Comal Settlement
properties, replacement and upgrading of "Heritage Neighborhood" banners along Hwy 78,
and placement of State of Texas historical marker in the Comal Settlement community and
lastly provide visible elements of community heritage via means of the adoption of a city
coat of arms and cooperating with another community non - profit group with the
development and placement of a historical mural in old downtown Schertz.
The Committee's affiliation with the Riedisheim, France Historical Society remains active.
We've exchanged communications during the year and they have once again, for the fifth
year running, ring, included our town in their annual Bulletin publication, this year featuring a
multi -page article on the recorded real estate activities of Joseph and Anne Marie Schertz
prior to their immigration to America. A second article reports on the Committee's activities
during the year.
He stated he traveled to Riedisheim in May and met with members of the Riedisheim
Historical Society. He shared information regarding our two groups and exchanged gifts as a
token of our two communities continued friendship. Mr. Weirtz stated he is hopeful that a
delegate from Riedisheim will be coming to visit Schertz this spring.
The Committee by -laws have been revised to bring them in line with how the Committee is
currently operating. Our "outreach" activities have included participation in the City
Volunteer Open House, speaking engagements at New Braunfels (Daughters of the Republic
of Texas & Comal County Historical Commission & Comal County Genealogical Society)
and at Castroville, Texas for their Historical Society. We have maintained close liaison with
the Comal Settlement Assoc. and the Cibolo Valley Community Museum Assoc. with
regards to historic recognition projects they were pursuing. We have also maintained contacts
with the Texas Historical Commission & TXDOT regarding on -going projects.
Events that have impacted the Committee's preservation efforts include the following:
Continued inability to obtain disposition instructions for multiple artifacts collected
over theyears and now kept in storage and on display in public and private buildings
around the City.
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2. City staff/Council reservations regarding a privately sponsored initiative for applying
the "adaptive use" principal for preservation of a Schertz landmark property.
3. Continued staff/Council opposition to UDC incorporation of an "overlay district"
provision amendment.
The objectives set for 2014 center on historic recognition projects to include:
1. Amendment of the UDC.
2. Research, nomination and designation of Schertz Landmark Properties & districts if
appropriate
3. Assisting with the task of having the St. Joseph Chapel listed on the National Listing
of Historic Places.
Publication projects that include:
1. Quarterly newsletters and Remembrances Special Edition Articles
2. Research and publication of Schertz cemetery journals
3. Consolidated Special Edition Publication
Continue joint initiative support for the Comal Settlement Association and the Cibolo Valley
Community Museum Association projects. Expansion of the local history education/awareness
program through a youth/student involvement initiative.
The Committee has completed another year trying to obtain UDC revisions that would give real
meaning to the Committee title as a "historic preservation committee. We have developed and
endorsed an achievable set of goals for 2014. We look forward, with City Council support, to
achieving meaningful preservation results in the coming year.
Comments from Council included: don't put the museum on back burner, possibly getting with
our IT place QR Codes on where the artifacts are located within the city to give visitors an
opportunity to visit with other business owners and other areas in our city, possibly providing
their newsletters or selected ones in our Schertz Magazine as a regular column taking the reader
to a website or email for further articles. City Manager John Kessel requested that Mr. Weirtz
get with Mr. Harris and Mr. McCullough to see how information regarding the committee can
get out to the public through the magazine. Mr. Harris stated that the City could also explore
some on -line distribution of their newsletter.
Hearing of Residents:
Mayor Pro -Tem Scagliola recognized the following who spoke:
• Ms. Reinette Alecozay, Candidate for Bexar County Commissioner Precinct 4, who came
forward, seeking support.
• Mr. David Richmond, 2921 Bent Tree Drive, Board Member of the Greenshire Subdivision
who on behalf of the Board thanked Engineering -in- Training Larry Busch, Development
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Services and the Transportation Safety Advisory Commission and other staff for their work
regarding the parking issues on Hickory Lane.
Consent Agenda Items
Minutes - Consideration and/or action regarding the approval of the minutes of the Special
Meeting of January 31, 2014, and the Regular Meeting of February 4, 2014 (J. Kessel/B.
Dennis)
2. Ordinance 14 -T -03 — Consideration and/or action approving an Ordinance authorizing a
budget adjustment to .establish additional expenditures in the FY 2013 -14 Budget in the
amount of $95,000 related to the purchase of a Vac -Con Vacuum Truck to be funded from
the Public Works Equipment Replacement Fund; repealing all Ordinances or parts of
Ordinances in conflict with this Ordinance and providing an effective date. Final Reading Q.
Bierschwale /S. Willoughby)
The following was read into record:
ORDINANCE NO. 14-T-03
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A BUDGET ADJUSTMENT TO ESTABLISH ADDITIONAL
EXPENDITURES IN THE FY 2013 -14 BUDGET IN THE AMOUNT OF $95,000
RELATED TO THE PURCHASE OF A VAC -CON VACUUM TRUCK TO BE
FUNDED FROM THE PUBLIC WORKS EQUIPMENT REPLACEMENT FUND;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
WITH THIS ORDINANCE AND PROVIDING AN EFFECTIVE DATE
3. Ordinance No. 14 -F -01 - Consideration and/or action amending Ordinance No. 04 -F -09,
CPS Energy; providing for adoption; thereto; providing that this Ordinance is Cumulative of
all other Ordinances of the City not in conflict with the provisions of this Ordinance; and
providing an effective date. Final Reading (D. Harris/D. Harris)
The following was read into record:
ORDINANCE NO. 14 -F -01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING ORDINANCE NO. 04 -F -09, CITY PUBLIC SERVICE (CPS
ENERGY); PROVIDING FOR ADOPTION; THERETO; PROVIDING THAT THIS
ORDINANCE IS CUMULATIVE OF ALL OTHER ORDINANCES OF THE CITY
NOT IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE; AND
PROVIDING FOR AN EFFECTIVE DATE.
4. Ordinance No. 14 -T -02 — Consideration and/or action approving an Ordinance providing for
the creation of the Schertz Infiastructure and Economic Development Fund; providing that
this Ordinance is cumulative of all other Ordinances of the City not in conflict with the
provisions of this Ordinance; and providing for an effective date. Final Reading (D.
Harris/D. Harris)
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The following was read into record:
ORDINANCE NO. 14 -T -02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
PROVIDING FOR THE CREATION OF THE SCHERTZCOMMUNITY
INFRASTRUCTURE AND ECONOMIC DEVELOPMENT FUND; PROVIDING
THAT THIS ORDINANCE IS CUMULATIVE OF ALL OTHER ORDINANCES OF
THE CITY NOT IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE;
AND PROVIDING FOR AN EFFECTIVE DATE
5. Resolution No. 14 -R -16 — Consideration and/or action approving a Resolution in support of
United States House of Representatives' Homeowner Flood Insurance Affordability Act of
2013 (HR 3370) and other matters in connection therewith. (M. Carpenter/D. Harris)
The following was read into record:
Ia�•Y�] Ili I ► ► � C
A RESOLUTION OF THE CITY OF SCHERTZ, TEXAS, IN SUPPORT OF
UNITED STATES HOUSE OF REPRESENTATIVES' HOMEOWNER FLOOD
INSURANCE AFFORDABILITY ACT OF 2013 (HR 3370) AND OTHER MATTERS
IN CONNECTION THEREWITH.
Mayor Pro -Tem Scagliola expanded on Item 5 — Resolution No. 14 -R -16, stating many
residents in the City "had their parade rained on" so to speak because they are living in a flood
zone, because of the floods in 1998 and 2000, because of a result of FEMA redrawing the maps
placing many residents in Aviation Heights and other parts of the City in a flood zone.
Indications are that the homeowners flood insurance rates are going up, some to about $9,000 a
year. Question is can the residents afford to stay in their homes? The City is stepping up to the
plate and is pushing for a legislative change, or at the very least to return some of the monies to
cover the costs of the insurance.
Mayor Pro-Tern Scagliola recognized Councilmember Edwards, who moved, seconded by
Councihnember Fowler, to approve Consent Agenda items 1 -5 as presented. The vote was
unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler, John, Edwards and
Duke voting yes and no one voting no. Motion Carried
Discussion and Action Items
6. Ordinance No. 14 -D -04 — Consideration and/or action approving an Ordinance amending
the City's Code of Ordinances by adding Hickory Lane to Article V, Section 86 -149 Parking
Prohibited on Roadways Maintained by the City of Schertz; and providing an effective date.
First Reading (B. James/L. Busch)
The following was read into record:
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ORDINANCE NO. 14 -D -04
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 ADDING HICKORY LANE TO ARTICLE V, SECTION
86 -149 PARKING PROHIBITED ON ROADWAYS MAINTAINED BY THE CITY
OF SCHERTZ; AND PROVIDING AN EFFECTIVE DATE.
Mayor Pro -Tem Scagliola recognized Councilmember Edwards who stated the reason he is
making a motion and not requesting the presentation be made was due to the City discussing
this item in great length over the last several weeks.
Mayor Pro -Tem Scagliola recognized Councilmember Edwards, who moved, seconded by
Councilmember Fowler, to approve Ordinance No. 14 -D -04 on first reading. The vote was
unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler, John, Edwards and
Duke voting yes and no one voting no. Motion Carried
7. Ordinance No. 14 -T -05 — Consideration and/or action approving an Ordinance authorizing
additional funding for the P -25 Radio Transition; repealing all ordinances or parts of
ordnances in conflict with this Ordinance; and providing an effective date. First Reading (B.
Cantu/J. Walters/M. Bane)
The following was read into record:
ORDINANCE NO. 14 -T -05
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING ADDITIONAL FUNDING FOR THE P25 RADIO TRANSITION;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE
Mayor Pro -Tem Scagliola recognized Assistant Police Chief Marc Bane who introduced this
item providing a Power Point overview of the project. Assistant Police Chief Bane stated in
1988, the FCC initiated an inquiry to receive recommendations on how to increase the levels
of interoperability within public safety radio communications. This resulted in the creation of
Project 25, also known as P -25 or APCO 25. To achieve 4 to 1 spectrum utilization
efficiency within 25 kHz analog channels through narrowbanding. What is narrowbanding?
It's the creation of additional channel capacity with the same radio channel by dividing it into
2 or 4 channels. He stated this will increase interoperability and allow partnerships with the
City of Live Oak and the Lower Colorado River Authority. This will remove proprietary
radios systems and create a system where radios from different manufacturers work together
to provide multi- vendor sourcing.
Assistant Police Chief Bane stated on January 1, 2013 all public safety radio systems must
have ceased operation within 25 kHz (wideband), and begun operating within 12.5 kHz
(narrowband). The City of Schertz is P -25 Phase 1 compliant. Starting January 15, 2015 all
public safety radio systems must be operating within 12.5 kHz ( narrowband) and
Demonstrate a 6.25 kHz operating mode. The City of Schertz is not P -25 Phase 2 compliant.
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This project was sought to create standards on voice, video and high speed data in multi
agency networks. Project closed in 2010 due to there not being off the shelf technology
available. There are no further benchmarks to meet within Project 25.
On May 14, 2013, the Schertz City Council voted unanimously to fund the purchase of P -25
Phase 2 radios through a tax note without increasing taxes. Tax Note Funds for the project
were approved in the amount of $785,000. Product evaluation included: durability,
dependability, quality, features and ease of operation. Vendor evaluation included: Vendor
interaction to evaluate: product knowledge, communication and customer service. Assistant
Police Chief Bane stated based on our interaction with Harris, Motorola and Tait radio
manufacturers, Motorola was unanimously chosen as the leader based on product quality and
superior customer service. Phase 11 Cost:
Motorola Radio / Accessories Cost
$860,980.55
SWPS Radio Face Plates (47 x $28.96 )
$1,361.12
CTS Motorola Installation Labor
$28,532.16
LCRA Programming (191 Radios x $25.00)
$4,775.00
Harris Phase II Upgrades (x14 $205 ea. )
$2,870.00
Maestro Dispatch Console Upgrade
$19,160.00
Radio Trade -In Credit
- $99,450.00
Project Cost
$818,228.83
PD seizure funds
- $33,228.83
Tax Note Funds
- $785,000.00
Over / Under
$0.00
Assistant Police Chief Marc Bane addressed questions from Council.
Finally, City Manager John Kessel stated that this is a City Council, staff, and citizen victory.
He stated this item was identified during the budget prioritization process where we involved
all of the different groups to identify this as one of the top two priorities needed for the city.
Mayor Pro -Tern Scagliola recognized Councilmember Edwards who moved, seconded by
Councilmember Fowler, to approve Ordinance No.14 -T -05 on first reading. The vote was
unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler, John, Edwards and
Duke voting yes and no one voting no. Motion Carried
8. Resolution No. 14 -R -15 — Consideration and/or action approving a Resolution authorizing
the purchase of Motorola Radios, and other matters in connection therewith. (B. Cantu/J.
Santoya/R. Duprat - Waldo)
The following was read into record:
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RESOLUTION NO. 14 -R -15
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING THE PURCHASE OF MOTOROLA RADIOS, AND OTHER
MATTERS IN CONNECTION THEREWITH
Mayor Pro -Tem Scagliola who stated Council has had a pretty comprehensive briefing on
this item and asked if staff had further comments, as their was none, Mayor Pro-Tern
Scagliola recognized Councilmember Fowler, who moved, seconded by Councilmember
Duke, to approve Resolution No. 14 -R -15. The vote was unanimous with Mayor Pro -Tem
Scagliola, Councilmembers Fowler, John, Edwards and Duke voting yes and no one
voting no. Motion Carried
Roll Call Vote Confirmation
Mayor Pro -Tem Scagliola recognized Deputy City Secretary Donna Schmoekel who recapped the
votes of items I through 8.
Requests and Announcements
9. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
No further announcements provided.
10. Requests by Mayor and Councilmembers that items be placed on a future City Council
agenda.
No items requested.
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
• Recognition of actions by community volunteers
• Upcoming City Council agenda items
Mayor Pro-Tern Scagliola recognized Councilmember Fowler who stated he attended the
following events:
• Saturday, February 8, 2014 — TML Newly elected Conference in San Antonio, some
items of discussion included: Fuel consumption in the State of Texas is leveling off
due to efficiencies of cars and diesel engines; we are not using as much fuel. Looks
like this will be a trend for the next decade.
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Also a topic of discussion was about looking at revenue, whether or not a City
Council should abate sales tax to those that are bringing in retail businesses.
Consensus of those in attendance was you need to be very careful about how you use
those abatements, making sure it is beneficial to the business as well as to the City.
Mayor Pro -Tem Scagliola recognized Councilmember Edwards who stated he attended the
Miss Cibolo Pageant this weekend. Councihnember Edwards thanked Erin Matlock and
Mary Spence and the Sweetheart Court for being there representing our City.
He also mentioned that the prior weekend he was able to go to the Alamo City Chamber of
Commerce, "Chamber on the Rise." He requested that we form alliances with other
chambers and will be asking Ms. Titterington to spend more time with other chambers. He
stated there was an alliance of chambers that was introduced. He stated the alliance got
together on a quarterly basis to talk about their area and region of their activities.
Mayor Pro -Tem Scagliola stated that he also attended the Miss Cibolo Scholarship Pageant.
Mayor Pro -Tem Scagliola thanked our Sweetheart Court for being there and building a sense
of community between us and our sister city. Mayor Pro -Tem Fowler thanked Mary Spence
and Erin Matlock for coordinating our Sweetheart Court.
Adiournment
As there was no further business, the meeting was adjourned 7.102 p.m.
ATTEST:
Deputy City Secretary, Donna Schmoekel
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David Scagliola