07-22-2014 MinutesMINUTES
REGULAR MEETING
July 22, 2014
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on July
22, 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
Councilmember Daryl John
Councilmember Matthew Duke
Staff Present:
Deputy City Manager John Bierschwale
Chief of Staff Bob Cantu
City Secretary Brenda Dennis
Mayor Carpenter was absent.
Call to Order
Councilmember Jim Fowler
Council member Cedric Edwards
City Manager John Kessel
Executive Director Brian James
City Attorney Charles Zech
Mayor Pro-Tern Scagliola 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
Councilmember Matthew Duke provided the invocation followed by the Pledges of Allegiance to
the Flags of the United States and the State of Texas.
Mayor Pro-Tern Scagliola recognized Boy Scout Magnus Stanley with Troop 512 who was in the
audience this evening.
City Events and Announcements
• Announcements of upcoming City Events (J. Bierschwale/B. James)
Mayor Pro-Tern Scagliola recognized Executive Director of Development Services Brian
James who provided the following announcements and upcoming events:
• Wednesday, July 23, 2014, Biz Ed Breakfast, Schertz ChamberNisitor Center,
7:30 a.m. to 9:00 a.m.
• Saturday, July 26, 2014, Schertz Idol Auditions, Discovery Church, 242 Country
Lane in Cibolo, 4:00 to 6:00 p.m.
• Friday, August 8, 2014, Senior Center Gala Fundraiser Event, Schertz Civic
Center, 7:00 p.m. to 11:00 p.m., tickets are $25.00 per person and are on sale at
the Schertz Chamber office as well as at the Schertz Senior Center.
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• Announcements and recognitions by City Manager (J. Kessel)
Mayor Pro -Tern Scagliola recognized City Manager John Kessel who stated that he
wanted to brag on an employee in the EMS office.
Mr. Kessel stated that EMS Sr. Administrative Assistant Amy Sellers had spoken to a co-
worker last week who was complaining of pains. Amy encouraged him to get tested by
the EMS staff as she felt very concerned. Mr. Kessel stated that while EMS was
attending to him he went into full cardiac arrest. The EMS team got him back and he was
transported to the hospital. The employee is doing well.
Nearing of Residents:
No one spoke.
Consent Agenda Items
1. Minutes — Approve the minutes of the regular meeting of July 15, 2014. (J. Kessel/B.
Dennis/D. Schmoekel)
2. Ordinance No. 14 -M -23 — Consideration and/or action approving an Ordinance making it
unlawful for certain sex offenders to reside within 1000 feet of a child safety zone; making
it illegal for sex offenders to go in, on, or within 1000 feet of a child safety zone. Final
Reading (J. Bierschwale /M. Hansen/E. Spradling)
The following was read into record:
ORDINANCE NO. 14 -M -23
AN ORDINANCE AMENDING CHAPTER 75 OF THE CITY OF SCHERTZ
CODE OF ORDINANCES MAKING IT UNLAWFUL FOR CERTAIN SEX
OFFENDERS TO RESIDE WITHIN 1000 FEET OF A CHILD SAFETY ZONE;
MAKING IT ILLEGAL FOR SEX OFFENDERS TO GO IN, ON, OR WITHIN
1000 FEET OF A CHILD SAFETY ZONE; PROVIDING EXCEPTIONS TO THE
ORDINANCE; AND PROVIDING PENALTIES FOR VIOLATIONS OF THE
ORDINANCE.
3. Ordinance No. 14 -D -32 — Consideration and/or action approving an Ordinance revising
the speed limit on Graytown Road from Boenig Drive to IH .10 to 45 mph. Final Reading
(B. James/K. Woodlee)
The following was read into record:
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ORDINANCE NO. 14 -D -32
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.
4. Ordinance No. 14 -D -33 — Consideration and/or action approving an Ordinance revising
the speed limit on Ware Seguin Road from FM 1518 to Pfeil Road to 40 mph. Final
Reading (B. James/K. Woodlee)
The following was read into record:
ORDINANCE NO. 14 -D -33
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.
5. Ordinance No. 14 -D -34 — Consideration and/or action approving an Ordinance revising
the speed limit on Ware Seguin Road from Pfeil Road to the City Limits to 45 mph.
Final Reading (B. James/K. Woodlee)
The following was read into record:
ORDINANCE NO. 14 -D -34
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.
6. Ordinance No. 14 -E -37 — Consideration and/or action calling an Election to be held on
November 4, 2014 for the purpose of electing Councihnembers for Place 1, Place 2 and
Mayor for said City; making provision for the conduct of the election; authorizing
contracts with the Election Administrators of Bexar and Guadalupe Counties to conduct
this election; and authorizing the election to be held as a Joint Election. Final Reading (J.
Kessel/B. Dennis)
The following was read into record:
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ORDINANCE NO. 14 -E -37
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, CALLING AN ELECTION TO BE HELD ON NOVEMBER 4, 2014 FOR
THE PURPOSE OF ELECTING COUNCILMEMBERS FOR PLACE 1, PLACE 2
AND MAYOR FOR SAID CITY; MAKING PROVISION FOR THE CONDUCT
OF THE ELECTION; AUTHORIZING CONTRACTS WITH THE ELECTIONS
ADMINISTRATORS OF BEXAR AND GUADALUPE COUNTIES TO
CONDUCT THIS ELECTION; AUTHORIZING THE ELECTION TO BE HELD
AS A JOINT ELECTION; RESOLVING OTHER MATTERS INCIDENT AND
RELATED TO SUCH ELECTION; AND DECLARING AN EFFECTIVE DATE
7. Ordinance No. 14 -S -35 — Consider a request for a Specific Use Permit to allow a
Convenience Store with Gas Pumps at 853 FM 3009 with the associated site plan. Final
Reading (B. James/M. Sanchez/L. Wood)
The following was read into record:
ORDINANCE NO. 14 -5 -35
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS ZONING 853 FM 3009, SCHERTZ, GUADALUPE COUNTY, TEXAS TO
ALLOW A SPECIFIC USE PERMIT FOR OPERATION OF A CONVENIENCE
STORE WITH GAS PUMPS.
8. Ordinance No. 14 -S -36 — Consider a request to rezone approximately 9 acres of land,
generally located five hundred and twenty (520) feet north of the intersection of IH 35
and Schertz Parkway from Planned Development District and General Business (GB) to
Planned Development District (PDD). Final Reading (B. James/M. Sanchez/L. Wood)
The following was read into record:
ORDINANCE NO. 14 -5 -36
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AMENDING THE .OFFICIAL ZONING MAP BY ZONING
APPROXIMATELY 9 ACRE TRACT OF LAND FROM GENERAL BUSINESS
(GB) AND PLANNED DEVELOPMENT DISTRICT (PDD) TO PLANNED
DEVELOPMENT DISTRICT (PDD).
Mayor Pro -Tem Scagliola recognized Councilmember Fowler who moved, seconded by
Councilmember Edwards to approve the consent agenda items 1 through 8. The vote was
unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler, John, Edwards,
and Duke voting yes and no one voting no. Motioir+Carried
Discussion and Action Items
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9. Resolution No. 14 -R -63 — Consideration and/or action approving a Resolution supporting
a "Governance Charter" Agreement between Joint Base San Antonio (JBSA), State and
Local Governments, Community Organizations, and Local Businesses. (J. Kessel/B. Cantu)
The following was read into record:
RESOLUTION NO. 14 -R -63
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCIWRTZ,
TEXAS SUPPORTING A "GOVERNANCE CHARTER" AGREEMENT
BETWEEN JOINT BASE SAN ANTONIO (JBSA), STATE AND LOCAL
GOVERNMENTS, COMMUNITY ORGANIZATIONS, AND LOCAL
Mayor Pro -Tern Scagliola recognized Chief of Staff Bob Cantu who introduced Mr. Phil
Jimenez, Technical Director of the 502 "d Airbase Wing who was present this evening.
Mr. Cantu stated this Resolution supports the Joint Base San Antonio Governance
Charter which provides for a working relationship between Joint Base San Antonio and
the partnership communities, which Schertz is one of those communities. Mr. Cantu
stated that the Charter is in the Council packet for review in its entirety.
Mr. Cantu stated that the plan is for Mayor Carpenter to sign the Charter on August 5,
2014, at a media signing ceremony at Joint Base San Antonio area in Live Oak. He
stated that the Charter is binding and is not contractually nor financially obligating us to
anything. This is an attempt to get all the communities and cities working together to
support the issues that are now confronting Joint Base San Antonio, particularly
financially. Mr. Cantu stated that General LaBrutta briefed the Northeast Partnership
members last week. Staff recommends approval.
Mayor Pro -Tem Scagliola recognized Councilmember Edwards who moved, seconded by
Councilmember Duke to approve Resolution No. 14 -R -63. The vote was unanimous
with Mayor Pro -Tem Scagliola, Councilmembers Fowler, John, Edwards, and Duke
voting yes and no one voting no. Motion Carried
10. Resolution No. 14 -R -64 — Consideration and/or action approving a Resolution authorizing
an agreement for the new cable television services provided by Time Warner Cable to the
Schertz Police Department. (B. James/M. Hansen)
The following was read into record:
RESOLUTION NO. 14 -R -64
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING AN AGREEMENT FOR THE NEW CABLE
TELEVISION SERVICES PROVIDED BY TIME WARNER CABLE TO THE
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SCHERTZ POLICE DEPARTMENT AT 1400 SCHERTZ PKWY, AND OTHER
MATTERS IN CONNECTION THEREWITH
Mayor Pro -Tem Scagliola recognized Executive Director of Development Services Brian
James who came forward stating the Police Department is requesting approval of
Resolution No. 14 -R -64 to enter into a contract with Time Warner Cable to provide cable
television service to 4 televisions in the police department. The proposed TWC
agreement is for a three year period.
This new service will enable staff to have the ability to utilize breaking news stories or
other media outlets to help gauge necessary responses or plan for law enforcement related
events. Additionally, the service would be used to monitor weather reports, especially for
situations such as flooding.
The funds required for 2 months of new service for this fiscal year, or $240.00 will be
provided from the 101 - 256 - 533330 Police Dept. General Fund Telephone/Intemet. The
remaining expenses for FY 14 -15 will be $1,440.00 and FY 15 -16 will be $1,440.00 and
ten months in the FY 16 -17 for $1,200.00 will be budgeted under the I.T. Dept. account
number 101- 853 - 533330 for Telephone/Intemet Services. Staff recommends approval.
Mayor Pro -Tem Scagliola recognized Councilmember Edwards who moved, seconded by
Councilmember Fowler to approve Resolution No. 14 -R -64. 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 City Secretary Brenda Dennis who recapped the votes of
items 1 through 10.
Requests and Announcements
11. Announcements by City Manager
o Citizen Kudos
o Recognition of City employee actions
o New Departmental initiatives
No further announcements provided.
12. Requests by Mayor and Councilmembers that items be placed on a future City Council
agenda.
Mayor Pro-Tern Scagliola recognized Councilmember Edwards who stated that this
wasn't for a future agenda item, but asked City Manager John Kessel if it has been
discussed or mentioned to have the Marshal's division possibly work a split shift or work
on Saturdays. Councilmember Edwards stated that over the past week he and Mayor
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Carpenter noticed over 100 trash bags left out on the corner of Ashley Oaks and FM
3009, which have been there for quite some time. They also noticed while driving up and
down FM 3009 individuals selling various dogs, as well as someone selling picnic tables.
Councihnember Edwards stated that he believes these individuals do not have permits,
and requested that someone please police these areas on Saturday. City Manager John
Kessel stated that staff concurs, and is aware of the trash bag situation and they are
working with the homeowner to get it cleaned up.
13. 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 -Tem Scagliola recognized Councihnember Fowler who stated he attended the
following:
o Monday, July 21, 2014, Parks and Recreation Advisory Board Committee special
meeting regarding policy and procedures for requests for lighting at City parks.
Mayor Pro -Tem Scagliola stated he attended the following:
• Thursday, July 17, 2014, Schertz- Seguin Local Government Corporation meeting
• Monday, July 21, 2014, Ribbon Cutting at Weisinger Law Firm, Selma.
Adiournment
As there was no further business, the meeting was adjourned at,6'20 p.m.
David
3renda T:Dennis, City Secretary
07 -22 -2014 Minutes Page - 7 -
Mayor Pro -Tem