12-18-2012 MinutesMINUTES
REGULAR MEETING
December 18, 2012
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on December
18, 2012, 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 Cedric Edwards
Staff Present:
Executive Director John Bierschwale
Executive Director Brian James
City Attorney Michael Spain
Deputy City Secretary Cynthia Raleigh
CALL TO ORDER:
Mayor Pro -Tem George Antuna
Councilmember David Scagliola
City Manager John C. Kessel
Executive Director David Harris
Chief of Staff Bob Cantu
City Secretary Brenda Dennis
Mayor Carpenter called the Regular Meeting to order at 6:01 p.m.
INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED
STATES AND THE STATE OF TEXAS.
Councilmember Fowler gave the invocation followed by the Pledges of Allegiance to the Flags of the
United States and the State of Texas.
Presentations
• Presentation regarding the BVYA Cheerleader State Championship (Jeff Smith — BVYA)
Mayor Carpenter recognized Mr. & Mrs. Smith with Buffalo Valley Youth Association who
presented the Cheerleader State Championship award winner squads. Mayor and Council
congratulated those who were present.
City Events and Announcements
• Announcements of upcoming City Events (D. Harris /J. Bierschwale/B. James)
Mayor Carpenter recognized Executive Director Bryan James who announced the upcoming
soft opening of the Piayscape on Friday, December 21, 2012. He stated that in January the City
will host a formal ribbon cutting.
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Mayor Carpenter recognized Executive Director David Harris who reminded Council of the
Schertz Jingle and Mingle at the Civic Center Thursday, December 20, 2012 3:30 p.m. to 6:00
p.m.
Executive Director David Harris recognized Events Coordinator Maiy Spence who announced
that on Saturday, December 22, 2012, the Schertz Sweetheart Court will share their holiday
spirit with residents of Autumn Winds Retirement Horne and Silver Tree Nursing &
Rehabilitation.
• Announcements and recognitions by City Manager (J. Kessel)
Mayor Carpenter recognized City Manager John Kessel who read a memo recognizing the
efforts of the 311 employees.
Mr. Kessel stated that the City had received a refund check from Guadalupe Blanco River
Authority (GBRA) for the reduction in Northcliffe wastewater plant. He thanked the efforts of
the Public works crews.
Mr. Kessel stated that the Playscape came in under budget saving the city $160,000 and goes to
our Owners' Representative Phil Gaudreau.
Mr. Kessel stated that the City recently visited with the Schertz - Cibolo- Universal City
Independent School District and the City of Cibolo to go over and reevaluate their Emergency
Response Plans. He stated that everyone was on board with the plan in place and the
enhancements they discussed. Mr. Kessel complimented the City of Cibolo and the School
District.
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, andlor 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.people who spoke:
Mrs. Clare Layton, 12231 Lost Meadows Drive, who expressed holiday greetings.
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Mr. Robert Salas, 1041 Gettysburg, spoke if the City would be hosting counseling regarding
the past tragedy. City Manager John Kessel provided brief comments regarding suggested
locations Mr. Salas and the community could seek counseling services.
Workshop Items
• Discussion regarding a non - exclusive franchise with Bexar Waste. (J. Bierschwalc /S.
Willoughby)
Mayor Carpenter recognized Public Works Director Sam Willoughby and Executive Director
John Bierschwale who presented a PowerPoint presentation regarding the current franchise
agreement and the proposed agreement. Mayor, Council and Staff discussed this in great
length and recommended that staff come back at the next meeting with the proposed changes
and suggestions for first - reading of the franchise agreement.
Mayor Carpenter recognized Councilmember Fowler who asked if agenda item 5 could be removed
from the consent agenda. Mayor Carpenter also stated that staff asked that agenda item 6 be removed
from the consent agenda. Mayor and Council concurred.
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,
Minutes - Consideration and/or action regarding the approval of the minutes of the Regular
Meeting of December 11, 2012. (J. Kessel/B. Dennis)
2. Resolution No. 12 -R -118 — Consideration and/or action approving a Resolution authorizing
the purchase of a new Ford F750 Water Truck with Southwest Ford and other matters in
connection therewith. (J. Bierschwale /S. Willoughby)
The following was read into record:
RESOLUTION NO. 12 -R -118
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A PURCHASE OF A NEW FORD F750 WATER TRUCK FROM
SOUTHWEST FORD AND OTHER MATTERS IN CONNECTION THEREWITH
3. Resolution No. 12 -R -112 — Consideration and/or action approving a Resolution authorizing an
agreement renewal and extension with Clear Vision Printing for utility billing printing and
mailing (J. Bierschwale /S. Willoughby)
The following was read into record:
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RESOLUTION NO. 12 -R -112
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH CLEAR
VISIONS INC. RELATING TO THE SERVICES FOR PRINTING, BINDING AND
DELIVERY OF UTILITY BILLS TO THE UNITED STATES POSTAL SERVICE AND
OTHER MATTERS IN CONNECTION THEREWITH
4. Ordinance No. 12 -T -32 — Consideration and/or action approving an Ordinance authorizing a
budget adjustment to the General Fund to establish the Public Works Building Maintenance
Division. Final Reading Q. Bierschwale/D. Harris)
The following was read into record:
ORDINANCE NO. 12 -T -32
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A BUDGET ADJUSTMENT TO THE GENERAL FUND TO
ESTABLISH THE PUBLIC WORKS - BUILDING MAINTENANCE DIVISION;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE
7. Resolution No. 12 -R -121 — Consideration and/or action approving a Resolution authorizing
the purchase of water meters from Hydropro Solutions. (J. Bierschwale /S. Willoughby)
The following was read into record:
Mayor Carpenter recognized Counciimember Edwards who moved, seconded by Mayor Pro -
Tem Antuna to approve the consent agenda items 1, 2, 3, 4, and 7. The vote was unanimous
with Mayor Pro -Tem Antuna, Councilmemhers Fowler, Scagliola, and Edwards voting yes
and no one voting no. Motion carried.
RESOLUTION NO. 12 -R -121
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A PURCHASE OF WATER METERS FROM HYDROPRO
SOLUTIONS, A SOLE SOURCE PROVIDER AND OTHER MATTERS IN
CONNECTION THEREWITH
Mayor Carpenter recognized Councilmember Edwards who moved, seconded by
Councilmember Fowler to approve Ordinance No. 12 -T -32 on first reading. The vote was
unanimous with Councilmembers Fowler, Scagliola, and Edwards voting yes and no one
voting no. Motion carried.
Discussion and /or Action Items
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5. Resolution No. 12 -R -119 — Consideration and/or action approving a Resolution authorizing an
Encroachment Agreement with Raising Cane's and other matters in connection therewith. (J.
Bierschwale /S. Willoughby)
The following was read into record:
RESOLUTION NO. -12-R-119
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING AN ENCROACHMENT AGREEMENT WITH RAISING CANE'S
AND OTHER MATTERS IN CONNECTION THEREWITH
Mayor Carpenter recognized Councilmember Fowler who addressed questions to staff
regarding other underground utilities that were possibly located in the easement. Executive
Director John Bierschwale stated that he was sure that there were no underground utilities or
high voltage areas in the easement. He stated that these were parallel with FM 3009.
Mayor Carpenter recognized Councilmember Fowler who moved, seconded by Councilmember
Scagliola to approve Resolution No. 12 -R -119. The vote was unanimous with Mayor Pro- Tem
Antuna, Councilmembers Fowler, Scagliola, and Edwards voting yes and no one voting no.
Motion carried
6. Resolution No. 12 -R -120 -- Consideration and/or action approving a Resolution authorizing
agreements regarding water and sewer facilities with La Salle Partners, LTD, and Rolling Hills
Ranch, LTD, and other matters in connection therewith. (B. James/B. James)
The following was read into record:
RESOLUTION NO, 12 -R -120
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING AGREEMENTS REGARDING WATER AND SEWER FACILITIES
WITH LA SALLE PARTNERS. LTD AND ROLLING HILLS RANCH, LTD, AND
OTHER MATTERS IN CONNECTION THEREWITH
Mayor Carpenter recognized Executive Director Brian James who stated that he had provided
hard copies of updated agreements this evening. He also provided clarification to the cover
memo.
Mayor Carpenter recognized Councilmember Fowler who moved, seconded by Councilmember
Edwards to approve Resolution No. 12 -R -120. The vote was unanimous with Mayor Pro -Tem
Antuna, Councilmembers Fowler, Scagliola, and Edwards voting yes and no one voting no.
Motion carried
8. Ordinance 12 -M -33 --- Presentation and consideration and/or action approving an Ordinance
setting uniform dates for the end of terms of members of certain City Boards, Commissions,
and Committees; repealing all Ordinances or Resolutions or parts of ordinances or resolutions
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in conflict with this ordinance, and providing an effective date. First Reading (D. Harris/B.
Dennis /C. Raleigh)
The following was read into record:
ORDINANCE NO. 12 -M -33
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
SETTING UNIFORM DATES FOR THE END OF TERMS OF MEMBERS OF
CERTAIN CITY BOARDS, COMMISSIONS, AND COMMITTEES; REPEALING
ALL ORDINANCES OR RESOLUTIONS OR PARTS OF ORDINANCES OR
RESOLUTIONS IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN
EFFECTIVE DATE
Mayor Carpenter recognized City Secretary Brenda Dennis who introduced Deputy City
Secretary Cindy Raleigh who provided a brief PowerPoint presentation outlining the proposed
changes to the current ordinance regarding the boards, commission and committecs.
Mayor Carpenter recognized Mayor Pro -Tem Antuna who moved, seconded by Councilmember
Fowler to approve Ordinance No. 12 -M -33 on first reading. The vote was unanimous with
Mayor Pro -Tem Antuna, Councilmemhers Fowler, Scagliola, and Edwards voting yes and no
one voting no. Motion carried.
9. Ordinance No. 12 -M -34 - Presentation and consideration and/or action approving an
Ordinance authorizing amended City Council Rules of Conduct and Procedure to include
procedures for filling a vacancy on City Council and for the appointment of a Mayor Pro -Tem;
repealing all Ordinances or Parts of Ordnances in conflict with the Ordinance, and other
matters in connection therewith and providing an effective date. First Reading (D. Harris/B.
Dennis /C. Raleigh)
The following was read into record:
ORDINANCE NO. 12 -M -34
AN ORDINANCE BY THE CITY OF SCHERTZ AUTHORIZING AMENDED CITY
COUNCIL RULES OF CONDUCT AND PROCEDURE; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS
ORDINANCE; AND PROVIDING AN EFFECTIVE DATE
Mayor Carpenter recognized Deputy City Secretary Cindy Raleigh who provided a brief
PowerPoint outlining the proposed changes to the City Council Rules of Conduct and
Procedures. Mayor, Council and staff discussed this at length and proposed the following
changes for final reading;
Section 5.1 (b) — delete "have experienced at least one (1) election cycle" and change "to be an
elected member of Council ".
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Section 5.1 (d) after word "vacant" add "or is held by a Councilmember who is not qualified to
serve as Mayor Pro -Tem ".
Section 5.1 (f) —after the word a add "two- thirds (2/3) "., and after majority vote, add "of the
members of Council" delete "if he or she fails to be in good standing with the Council per
Section 4.06(b) of the City Charter."
Section 5.1 (g) — add at end of sentence, "by resolution or rule ".
Section 5.2 0) — add at end of sentence, "by resolution or rule."
Mayor Carpenter recognized Councilmember Edwards who moved, seconded by
Councilmember Scagliola to approve Ordinance No. 12 -M -34 on first reading with the changes.
The vote was unanimous with Mayor Pro -Tem Antuna, Councilmembers Fowler, Scagliola,
and Edwards 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, 2, 3, 4, 5, 6, and 7.
Executive Session
Mayor Carpenter recessed the regular meeting into executive session at 7:52 p.m.
Called under:
Section 551.071 Texas Government Code Litigation, pending or contemplated litigation;
Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange, sale,
lease, or value of real property, or real estate;
Section 551.074 Deliberation regarding personnel matters, policies, duties, employment, and
evaluation of certain public officials and employees;
Section 551.087 Texas Government Code -- Deliberation regarding Economic Development
Negotiations.
Reconvene into Regular Session
Mayor Carpenter reconvened into regular session at 9:24 p.m.
10. Take any action deemed necessary as a result of the Executive Session.
Mayor Carpenter recognized Councilmember Edwards who moved to call a special meeting for
December 27, 2012 at 6:00 p.m. Motion failed due to lack of second
Requests and Announcements
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11. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
Mayor Carpenter recognized City Manager John Kessel who wished everyone a very Merry
Christmas.
12. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda.
Mayor Carpenter requested that a discussion and action item be prepared for the next
meeting for Council consideration regarding filling the vacancy on Council
13. Requests by Mayor and Councilmembers to City Manager and Staff for information.
No items requested.
14. Announcements by Mayor and Councilmembers
• City and community events attended and to be attended
• City Council Committee and Liaison Assignments
• 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 Antuna who stated he attended the following
event:
• Thursday, December 13, 2012, Northeast Partnership Meeting
Mayor Carpenter recognized Councilmember Fowler who stated he attended the following
event:
• Saturday, December 15, 2012, he attended the Cibolo Creek FFA Chapter Show &
Craft Fair event at the Toby Conner Ag Complex.
Mayor Carpenter recognized Councilmember Scagliola who stated he attended the following
event:
• Saturday, December 15, 2012, he attended the Cibolo Creek FFA Chapter Show &
Craft Fair event at the Toby Conner Ag Complex.
• Sunday, December 16, 2012, he and Mayor Carpenter were able to sit down with
Cibolo staff and went over points of interest during a meet and greet reception.
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Adjournment
As there was no further business, the meeting was adjourned at 9:3
TTES. Mayor, Michael R. Carpenter
: -
r
ilex a Dennis, City Secretary
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