05-07-2013 Amended Agenda with Backup MEETING AGENDA
City Council
REGULAR SESSION CITY COUNCIL
May 7, 2013, 6:00 P.M.
HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS
1400 SCHERTZ PARKWAY BUILDING #4
SCHERTZ, TEXAS 78154
05-07-2013 Council Agenda
AMENDED AGENDA
TUESDAY, MAY 7, 2013 AT 6:00 P.M.
Call to Order – Regular Session
Invocation and Pledges of Allegiance to the Flags of the United States and State of
Texas. (Pastor Wil Deahl – Crosspoint Fellowship Church)
Presentations
• Proclamation National Police Week (Mayor Carpenter/Chief Hansen)
City Events and Announcements
• Announcements of upcoming City Events (D. Harris/J. Bierschwale/B. James)
• Announcements and recognitions by City Manager (J. Kessel)
Workshop
• P25 Radios – Presentation and discussion regarding possible purchase of P25 Radios.
(Chief Covington/J. Santoya)
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.
05-07-2013 City Council Agenda Page - 2 -
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.
1. Minutes - Consideration and/or action regarding the approval of the minutes of the
Regular Meeting of April 23, 2013. (J. Kessel/B. Dennis)
2. Ordinance No. 13-D-14 – Consideration and/or action approving an Ordinance
amending Section 86-61 of the Code of Ordinances, Traffic and Motor Vehicles,
relating to driving in drainage easements; repealing all ordinances or parts of
Ordinances in conflict with the Ordinance; and providing an effective date. (B.
James/J. Hooks) Final Reading
3. Ordinance No. 13-S-15 – Consideration and/or action approving an Ordinance
authorizing an application process for Developing and Operating a Cemetery in the
City of Schertz; repealing all Ordinances or parts of Ordinances in conflict with this
Ordinance; and providing an effective date. (J. Kessel/B. James) Final Reading
Discussion and Action Items
4. Ordinance No. 13-T-16 – Consideration and/or action approving an Ordinance
authorizing a Budget Adjustment to Fund 314 (Hotel Tax) for modification of
concession stands; repealing all Ordinances or parts of Ordinances in conflict with
this Ordinance; and providing an effective date. First Reading (D. Harris/M. Spence)
Roll Call Vote Confirmation
Requests and Announcements
5. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
6. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
7. Requests by Mayor and Councilmembers to City Manager and Staff for information.
8. 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
05-07-2013 City Council Agenda Page - 3 -
• Recognition of actions by community volunteers
• Upcoming City Council agenda items
Executive Session
Called under:
Section 551.071 Texas Government Code Deliberation regarding 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 Texas Government Code - 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
9. Take any action deemed necessary as a result of the Executive Session.
Adjournment
CERTIFICATION
I, SARAH GONZALEZ, EXECUTIVE ASSISTANT OF THE CITY OF SCHERTZ, TEXAS,
DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED
ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 3rd DAY OF MAY 2013 AT
12:45 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL
TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER
551, TEXAS GOVERNMENT CODE.
Sarah Gonzalez
Sarah Gonzalez, Executive Assistant
I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE
CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE
OFFICIAL BULLETIN BOARD ON _____DAY OF _______________, 2013.
____________________________Title:__________________________
This facility is accessible in accordance with the Americans with Disabilities Act.
Handicapped parking spaces are available. If you require special assistance or
have a request for sign interpretative services or other services please call 210
619-1030 at least 24 hours in advance of meeting.
05-07-2013 City Council Agenda Page - 4 -
COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS
Mayor Carpenter
Audit Committee
Hal Baldwin Scholarship Committee
Interview Committee for Boards and Commissions
Investment Advisory Committee
TIRZ II Board
Mayor Pro-Tem Edwards – Place 4
Audit Committee
Hal Baldwin Scholarship Committee
Councilmember Fowler – Place 1
Interview Committee for Boards and Commissions
Schertz Housing Board Liaison
Councilmember Scagliola – Place 2
Animal Control Advisory Committee
Cibolo Valley Local Government Corporation
Interview Committee for Boards and Commissions
Sweetheart Advisory Committee
Councilmember Antuna - Place 3
ASA Commuter Rail District Board – Lone Star
Randolph Joint Land Use Study (JLUS) Executive
Committee
Schertz Seguin Local Government Corporation
Councilmember – Verinder – Place 5
Audit Committee
Investment Advisory Committee
Agenda No. 1
CITY COUNCIL MEMORANDUM
City Council Meeting: May 7, 2013
Department: City Secretary
Subject: Minutes
BACKGROUND
The City Council held a regular meeting on April 23, 2013.
FISCAL IMPACT
None
RECOMMENDATION
Staff recommends Council approve the minutes of the regular meeting of April 23, 2013.
ATTACHMENT
Minutes –regular meeting April 23, 2013
04-23-2013 Minutes Page - 1 -
MINUTES
REGULAR MEETING
April 23, 2013
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on April 23,
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 R. Carpenter Mayor Pro-Tem Cedric Edwards, Sr.
Councilmember Jim Fowler Councilmember David Scagliola
Councilmember George Antuna, Jr. Councilmember Sydney Verinder
Staff Present: City Manager John C. Kessel
Executive Director John Bierschwale Executive Director David Harris
Executive Director Brian James Chief of Staff Bob Cantu
City Attorney Michael Spain City Attorney Katherine Tapley
City Secretary Brenda Dennis
CALL TO ORDER:
Mayor Carpenter called the Regular Meeting to order at 6:02 p.m.
INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED
STATES AND THE STATE OF TEXAS.
Pastor Kyle Cox, Schertz First Baptist Church gave the invocation followed by the Pledges of
Allegiance to the Flags of the United States and the State of Texas.
Presentations
• Proclamation National Crime Victims Week (Dixie Bane – Guadalupe County Children’s
Advocacy Center)
Mayor Carpenter read and presented the proclamation to Dixie Bane with the Guadalupe
County Children’s Advocacy Center. Ms. Bane invited everyone to an evening of Advocacy
and Awareness, Thursday, April 25, 2013, Schertz United Methodist Church at 5:30 p.m.
• Presentation/discussion and direction regarding the Final Report from the EMS Consultant (J.
Bierschwale/D. Wait)
Council requested more time to review the report and receive information and to ensure the
questions Mayor Pro-Tem Edwards sent to the consultant are provided well before the May
7, 2013 Council meeting.
Council concurred to discuss this item in two weeks.
City Events and Announcements
• Announcements of upcoming City Events (D. Harris/J. Bierschwale/B. James)
04-23-2013 Minutes Page - 2 -
Mayor Carpenter recognized Executive Director David Harris who announced the following
upcoming events:
Thursday, April 25, 2013 – Volunteer Fair and Open House, 6 pm, Schertz Civic
Center.
Tuesday, April 30, 2013- Hal Baldwin Scholarship application deadline.
Applicants must live in Schertz. On May 14, 2013 City Council will determine a
winner and on May 21, 2013 City Council will present the scholarship to the winner at
Council meeting.
Thursday, May 2, 2013 – Sweetheart Court Coronation, Schertz Civic Center-5:45 pm.
Saturday, May 4, 2013 –Randolph Area Christian Assistance Program (RACAP)
celebrates 30 years of operation, 1pm to 3:30 pm, 307 Pfeil. Non-perishable food
donations accepted.
Thursday, May 9, 2013 – Designer Purse Bingo fundraiser hosted by Guadalupe
County Children’s Advocacy Center, Schertz Civic Center, 7pm – 9pm.
Executive Director of Operations John Bierschwale stated that in light of the events in
the City of West, the City of San Antonio has requested the Schertz Ambus be available
during the Flambeau and Battle of Flowers Parade event.
• Announcements and recognitions by City Manager (J. Kessel)
Mayor Carpenter recognized City Manager John Kessel stated he received a thank you and
recognition email from a family member who recently rented one of the parks pavilions. In
the email they expressed their thanks to Parks Worker Chris Stier for his assistance. They
complimented the facility and were very impressed how Chris assisted them.
City Manager John Kessel complimented Police Chief Michael Hansen on a new pinning
ceremony program he has put together to recognize new officers. Mr. Kessel stated the first
ceremony was conducted Monday for Officer Armstrong. Management, Family, Friends and
various Police Department personnel were present for the event.
Mr. Kessel stated that Chief Hansen has started a new tradition for the officers and it has
been well received.
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.
04-23-2013 Minutes Page - 3 -
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.
Mayor Carpenter recognized the following who spoke:
• Mr. Grumpy Azzoz, 528 Wayward Pass, who stated he wanted to put to rest rumors
regarding his voter registration. He had also signed up to address the EMS report, but since
the report discussion is being tabled this evening, he will address his questions later.
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.
Mayor Carpenter recognized Councilmember Verinder who requested that agenda item 1 be
removed for separate action.
2. Resolution No. 13-R-30 – Consideration and/or action approving a Resolution authorizing
the City Manager to enter into an agreement for the purchase of a Fire Truck and associated
equipment, and other matters in connection therewith. (D. Covington/M. Spain)
The following caption was read into record:
RESOLUTION NO. 13-R-30
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR
THE PURCHASE OF A FIRE TRUCK AND ASSOCIATED EQUIPMENT, AND
OTHER MATTERS IN CONNECTION THEREWITH
3. Resolution No. 13-R-34 – Consideration and/or action approving a Resolution authorizing
an Amendment to a Professional Services Agreement with Ford Engineering, Inc., and other
matters in connection therewith. (B. James/M. Sanchez)
The following caption was read into record:
RESOLUTION NO. 13-R-34
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A FOURTH AMENDMENT TO A PROFESSIONAL SERVICES
AGREEMENT WITH FORD ENGINEERING, INC., AND OTHER MATTERS IN
CONNECTION THEREWITH
Mayor Carpenter recognized Mayor Pro-Tem Edwards who moved, seconded by
Councilmember Scagliola to approve the consent agenda items 2 and 3. The vote was
unanimous, with Mayor Pro-Tem Edwards, Councilmembers Fowler, Scagliola, Antuna
and Verinder voting yes, and no one voting no. Motion Carried.
04-23-2013 Minutes Page - 4 -
Discussion and Action Items
1. Minutes - Consideration and/or action regarding the approval of the minutes of the Special
Joint Meeting and Regular Meeting of April 9, 2013 and the Regular Meeting of April 16,
2013. (J. Kessel/B. Dennis)
Mayor Carpenter recognized Mayor Pro-Tem Edwards who moved, seconded by
Councilmember Fowler to approve the minutes of the Joint and Regular Meeting of April 9,
2013. The vote was 4-0-1, with Mayor Pro-Tem Edwards, Councilmembers Fowler,
Scagliola and Antuna voting yes, and no one voting no, and Councilmember Verinder
abstaining. Motion Carried.
Mayor Carpenter recognized Mayor Pro-Tem Edwards who moved, seconded by
Councilmember Scagliola to approve the minutes of the Regular Meeting of April 16, 2013.
The vote was unanimous, with Mayor Pro-Tem Edwards, Councilmembers Fowler,
Scagliola, Antuna and Verinder voting yes, and no one voting no. Motion Carried.
Discussion and Action Items
4. Ordinance No. 13-S-13 – Continue Public Hearing and consideration and/or action approving
an Ordinance on a request to rezone approximately 2.010 ± acres of land generally located on
the southeast corner of FM 482 and Old Nacogdoches Road from Pre-Development District
(PRE) to General Business District (GB), out of the Francisco Rodriguez Survey, No. 99,
Section 2, Comal County, Schertz, Texas. First Reading (B. James/M. Sanchez)
The following caption was read into record:
ORDINANCE NO. 13-S-13
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE OFFICIAL ZONING MAP ORDINANCE NO. 11-S-15 BY
REZONING APPROXIMATELY 2.010± ACRES OF LAND FROM
PREDEVELOPMENT DISTRICT (PRE) TO GENERAL BUSINESS DISTRICT
(GB), OUT OF THE FRANCISCO RODRIGUEZ SURVEY, NO. 99, SECTION 2,
CITY OF SCHERTZ, COMAL COUNTY, TEXAS, GENERALLY LOCATED ON
THE SOUTHEAST CORNER OF FM 482 AND OLD NACOGDOCHES ROAD; AND
OTHER MATTERS IN CONNECTION THEREWITH AND PROVIDING AN
EFFECTIVE DATE.
Mayor Carpenter recognized Development Services Director Michelle Sanchez who
introduced this item stating that the applicant is proposing to rezone approximately 2.010+
acres of land from Pre-Development District (PRE) to General Business (GB).
The subject property contains 7 existing structures several of which are dilapidated and the
applicant has indicated the desire to redevelop the property into a family oriented country
style bar and grill which will include a dining area, playground area for children, live
entertainment and a building for private events. Staff reviewed the request for conformance
with the Comprehensive Land Plan. The Future Land Use Plan (FLUP) designates the subject
property for Rural Development which is defined in the Comprehensive Land Plan as areas
04-23-2013 Minutes Page - 5 -
of cultivated cropland, orchards/vineyards, pasture, woodlots, wetlands, undeveloped land
and sparsely populated areas that are still distinct from more urbanized areas.
Ms. Sanchez stated staff recommends disapproval of the zoning request based on the
inconsistency with the Comprehensive Land Plan as it relates to the Future Land Use Map
and the potential negative impacts to surrounding properties.
Mayor Carpenter opened the public hearing and the following spoke in favor of the rezoning:
• Mr. Dean Weirtz, 4301 Monument Pass
• Mrs. Sharlene Fey, 6028 FM 482
Mayor Carpenter recognized the following spoke against the rezoning:
• Mr. Kyle Cox, 2615 Bunker
• Mr. David Richmond, 2921 Bent Tree
As no one else spoke, Mayor opened this item up for Council discussion. Mayor and Council
discussed this item in great length voicing their concerns with the rezone request as it relates
to the City’s Comprehensive Land Use Plan in the particular area.
Mayor and Council discussed possible other zoning uses that could possibly fit, i.e.,
Neighborhood Services, Planned Development District. Mayor and Council were intrigued
with the idea, but stated that GB Zoning is not appropriate in that area. Council requested
staff to work with the applicant for a possible solution.
Council chose to take no action on the zoning request. No action taken.
5. Ordinance No. 13-D-14 – Consideration and/or action approving an Ordinance amending
Section 86-61 of the Code of Ordinances, Traffic and Motor Vehicles, relating to driving in
drainage easements; repealing all ordinances or parts of Ordinances in conflict with the
Ordinance; and providing an effective date. (B. James/M. Spain) First Reading
The following caption was read into record:
ORDINANCE NO. 13-D-14
AMENDING SECTION 86-61 OF THE CODE OF ORDINANCES, TRAFFIC AND
MOTOR VEHICLES, RELATING TO DRIVING IN DRAINAGE EASEMENTS;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE
Mayor Carpenter recognized Mayor Pro-Tem Edwards who moved, seconded by
Councilmember Verinder to approve Ordinance No. 13-D-14 on first reading. The vote was
unanimous, with Mayor Pro-Tem Edwards, Councilmembers Fowler, Scagliola, Antuna and
Verinder voting yes, and no one voting no. Motion Carried.
6. Ordinance No. 13-S-15 – Consideration and/or action approving an Ordinance authorizing
an application process for Developing and Operating a Cemetery in the City of Schertz;
04-23-2013 Minutes Page - 6 -
repealing all Ordinances or parts of Ordinances in conflict with this Ordinance; and
providing an effective date. (B. James/M. Spain) First Reading
The following caption was read into record:
ORDINANCE NO. 13-S-15
AUTHORIZING AN APPLICATION PROCESS FOR DEVELOPING AND
OPERATING A CEMETERY IN THE CITY OF SCHERTZ; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS
ORDINANCE; AND PROVIDING AN EFFECTIVE DATE
Mayor Carpenter recognized Mayor Pro-Tem Edwards who moved, seconded by
Councilmember Scagliola to approve Ordinance No. 13-S-15 on first reading. The vote was
unanimous, with Mayor Pro-Tem Edwards, Councilmembers Fowler, Scagliola, Antuna and
Verinder 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 through 6.
Requests and Announcements
7. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
Mayor Carpenter recognized City Manager John Kessel who welcomed back City Attorney
Katherine Tapley, who is returning from maternity leave.
Mr. Kessel also stated that this evening is City Attorney Michael Spain’s last meeting. Mr.
Kessel stated that the City is planning a retirement celebration sometime in May and that
invitations will be sent out.
Mr. Kessel personally thanked Mr. Spain for his service to the City over the years.
8. Requests by Mayor and Councilmembers that items be placed on a future City Council
agenda.
No requests given.
9. Requests by Mayor and Councilmembers to City Manager and Staff for information.
Mayor Carpenter recognized Councilmember Fowler who asked about the status of finding a
Contractor for the Employee Climate Survey that was requested. City Manager John Kessel
stated that he sent Council an email with a handful of options that were outlined and has
received comment back from some of the Councilmembers. Mr. Kessel stated that HR
04-23-2013 Minutes Page - 7 -
Director Josh Smith is recommending a contract with Saint Mary’s University that will be
both cost and organizationally effective.
Mr. Kessel stated that if Council is agreeable to utilizing Saint Mary’s University, he will get
with Mr. Smith to work out the details and bring forward information on their services.
Council agreed to have the City Manager finalize the Contractor options and bring an item
forward for consideration at a future meeting.
10. 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 Edwards who stated he attended the following
events:
• Thursday, April 18, 2013 – Baptist Hospital Tour and Ribbon Cutting
• Friday, April 19, 2013 – Lion’s Club Casino Night
• Saturday, April 20, 2013 – Absolute Jazz
Mayor Pro-Tem Edwards thanked Mr. Spain for his institutional knowledge and guidance
over the years.
Mayor Carpenter recognized Councilmember Fowler who publically thanked Mr. Spain for
his service to the City.
Councilmember Fowler also stated that he recently observed the EMS and Police
Departments working together on a sensitive situation where a death had occurred. He
complimented their professionalism as well as their compassion.
Mayor Carpenter recognized Councilmember Fowler thanked Mr. Spain for his service to the
City.
Mayor Carpenter recognized Councilmember Scagliola who stated he attended the following
events:
• Thursday, April 18, 2013 – Baptist Hospital Tour and Ribbon Cutting
• Saturday, April 20, 2013 – Wounded Warriors fund raiser at Hooligan’s
• Saturday, April 20, 2013 – Absolute Jazz
Councilmember Scagliola stated that he is not going to say goodbye, but see you later.
Councilmember Scagliola stated Mr. Spain is like a lucky penny – he keeps showing up and
at the right time.
Mayor Carpenter recognized Councilmember Antuna who stated he attended the MPO
meeting yesterday and they passed a resolution approving the new makeup of the Board, with
04-23-2013 Minutes Page - 8 -
the addition of Board members, 2 from Guadalupe County and 2 from Kendall County and 2
from Comal County.
Councilmember Antuna thanked Mr. Spain for all he has done for the City.
Mayor Carpenter recognized Councilmember Verinder who stated he attended the following
events:
• Thursday, April 18, 2013 – Baptist Hospital Tour and Ribbon Cutting
• Saturday, April 20, 2013 – Absolute Jazz
Councilmember Verinder stated that even though he has worked with Mr. Spain for a short
time, he had written down a few comments: what a great example, dedicated and
knowledgeable individual. Councilmember Verinder thanked Mr. Spain.
Mayor Carpenter stated that the deployment of the Ambus recently to the City of West is a
great vote of confidence and a great compliment to the City of Schertz. He expressed how
proud he was of the premium quality of responders.
Mayor Carpenter stated he attended the following events:
• Thursday, April 18, 2013 – Baptist Hospital Tour and Ribbon Cutting
• Saturday, April 20, 2013 – Library Volunteer Luncheon
• Saturday, April 20, 2013 – Absolute Jazz
Mayor Carpenter expressed his appreciation to City Attorney Michael Spain for his tenure,
stating that he is the only one he knows that has had a single job for the twenty-five years.
Mayor Carpenter recognized City Attorney Michael Spain who came forward expressing his
sincere honor and pleasure to serve as City Attorney for the last 25 years. Mr. Spain thanked
everyone for their kindness shown him over the years and the past few months as Interim
City Attorney. He commented that he is constantly impressed with everyone’s
professionalism and is gratified to see the City’s orderly and impressive growth.
Mayor Carpenter stated that as there are no items for Council to consider for the April 30,
2013 date, there will be no meeting; the next meeting is scheduled for May 7, 2013.
Executive Session
City Council did not meet in Executive Session
11. Take any action deemed necessary as a result of the Executive Session.
No action taken as Council did not meet.
Adjournment
As there was no further business, the meeting was adjourned at 8:06 p.m.
04-23-2013 Minutes Page - 9 -
__________________________________
Mayor, Michael R. Carpenter
ATTEST:
_________________________
City Secretary, Brenda Dennis
Agenda No. 2
CITY COUNCIL MEMORANDUM
City Council Meeting: May 7, 2013
Department: City Attorney
Subject: Ordinance No. 13-D-14 - Drainage
Easements- Vehicular Traffic Final
Reading
BACKGROUND
Several residents of Savannah Square Unit 2 Subdivision (which abuts Deerhaven off FM 3009)
have expressed a concern with the City’s recently adopted restrictions on driving within drainage
easements (Ordinance No. 13-D-02 was approved on January 15, 2013). Ordinance No. 13-D-02
amended Chapter 86 of the Code of Ordinances relating to Traffic and Motor Vehicles. The
Ordinance prohibits driving over drainage easements with limited exceptions. A drainage
easement crosses 23 homeowners’ properties, and a fence divides the easement from the rest of
the homeowners’ properties. Each homeowner is responsible for maintaining the easement on his
or her property. Some of the homeowners have gates in their fence, through which they can roll a
lawnmower or wheel barrow. Other homeowners have no such access. Periodic maintenance
may require access to the easement by a riding lawnmower, a pick -up, or a small trailer, but the
ordinance generally does not permit vehicular traffic over a drainage easement.
Note: This matter was discussed with City Council in a workshop session on April 16, 2013,
and approved on First Reading at the City Council meeting of April 23, 2013.
Goal
Retain reasonable controls on proper use of drainage easements without adversely affecting
private property rights.
Community Benefit
Maintain unobstructed and undamaged but appropriately maintained privately-owned drainage
easements.
Summary of Recommended Action
Ordinance No. 13-D-14 adds an additional exception to Section 86-61 of the Code of Ordinances
to permit operation of a small motor vehicle, such as a passenger car or a light pickup truck, with
or without an attached utility trailer, a riding lawnmower, or similar small utility vehicle; (ii) for
purposes of conducting periodic maintenance and/or upkeep of a public drainage way, drainage
easement, of drainage right-of-way (containing no concurrent general right of access) located on
private property; (iii) by the owner of such private property or his/her agent; and (iv) with the
consent of all owners of the private property in such drainage way, easement, or right-of-way
required to be crossed in order to access the area to be maintained. If any drainage way,
easement, or right-of-way belonging to the City must be crossed to access the area to be
City Council Memorandum
Page 2
maintained, the Director of Public Works or his designee are authorized to consent to such
access.
FISCAL IMPACT
None
RECOMMENDATION
Approval of Ordinance No. 13-D-14 on final reading.
ATTACHMENT
Ordinance No. 13-D-14
50631230.1
ORDINANCE NO. 13-D-14
AMENDING SECTION 86-61 OF THE CODE OF ORDINANCES,
TRAFFIC AND MOTOR VEHICLES, RELATING TO DRIVING IN
DRAINAGE EASEMENTS; REPEALING ALL ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council of the City of Schertz, Texas (the “City”) has previously
adopted Ordinance No. 13-D-2 restricting driving in drainage easements, drainage ways, and
drainage rights-of-way by the addition of Section 86-57 through 86-62 to Chapter 86—Traffic
and Motor Vehicles—Article II—Operation of Vehicles Generally, to the Code of Ordinances of
the City; and
WHEREAS, the City Council finds it to be in the public interest to amend Section 86-61
of the Code of Ordinances to add an additional exception to such restrictions;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS:
Section 1. Section 86-61 of the Code of Ordinances is hereby amended by the addition of
subsection (d), Section 86-61 to hereafter read as follows:
“Sec. 86-61. Exceptions: Public safety and maintenance vehicles and vehicles
operated by property owners; Proof of authorization.
The foregoing limitations and prohibitions contained in sections 86-58.
and 86-59. shall be subject to the following exceptions for permitted uses, which
shall be strictly construed:
(a) Operation of a motor vehicle on private property by the owner of such
private property;
(b) Operation of public safety vehicles on any lands, public or private;
(c) Operation of maintenance and service vehicles of the City, Guadalupe
County, Bexar County, Comal County, CCMA, or GBRA, as well as any other
authorized public bodies, including the contractors and agents thereof, on the
land, easements, and rights-of-way of such public bodies; and
(d) (i) Operation of a small motor vehicle, such as a passenger car or a light
pickup truck, with or without an attached utility trailer, a riding lawnmower, or
similar small utility vehicle; (ii) for purposes of conducting periodic maintenance
and/or upkeep of a public drainage way, drainage easement, or drainage right-of-
way (containing no concurrent general right of access) located on private
property; (iii) by the owner of such private property or his/her agent; and (iv) with
50631230.1 - 2 -
the consent of all owners of the private property in such drainage way, easement,
or right-of-way required to be crossed in order to access the area to be maintained.
If any drainage way, easement, or right-of-way belonging to the City must be
crossed to access the area to be maintained, the Director of Public Works or his
designee are authorized to consent to such access.
Any person operating any motor vehicle or off-highway motor vehicle on
unimproved land with the written approval of the owner thereof shall have such
written approval in his or her possession and available for inspection at all times
while operating the motor vehicle or off-highway motor vehicle on such lands.”
Section 2. The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part
of the judgment and findings of the Council.
Section 3. All ordinances and codes, or parts thereof, which are in conflict or
inconsistent with any provision of this Ordinance are hereby repealed to the extent of such
conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters
resolved herein.
Section 4. This Ordinance shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
Section 5. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City
hereby declares that this Ordinance would have been enacted without such invalid provision.
Section 6. It is officially found, determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Ordinance, was
given, all as required by Chapter 551, as amended, Texas Government Code.
Section 7. This Ordinance shall be effective upon the date of final adoption hereof and
any publication required by law.
50631230.1 - 3 -
PASSED ON FIRST READING, the 23rd day of April, 2013.
PASSED, APPROVED and ADOPTED ON SECOND READING, the 7th day of May,
2013.
CITY OF SCHERTZ, TEXAS
Michael R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
(CITY SEAL)
50631222.1
Agenda No. 3
CITY COUNCIL MEMORANDUM
City Council Meeting: May 7, 2013
Department: Development/Planning & Inspections
Subject: Ordinance No. 13-S-15 - Authorizing
Cemetery Applications—Final
Reading
BACKGROUND
In 2011, the State Legislature amended Section 711.008 of the Texas Health and Safety Code
to allow certain communities, including Schertz, to approve by ordinance criteria for persons
to file a written application to establish a cemetery. Communities that wish to take advantage
of the statute must do so and applications must be filed with the City before September 1,
2014. The ordinance shall prescribe the information to be included in the application. The
City Council may then approve an application by ordinance allowing a cemetery if it
determines the cemetery does not adversely affect public health, safety, and welfare.
City Council approved this on first reading at their meeting of April 23, 2013.
Goal
Consider commencing a process to permit the establishment of cemeteries in the
City.
Community Benefit
Allow for a process to consider applications for a cemetery.
Summary of Recommended Action
Ordinance No. 13-S-15 establishes a form of cemetery application, a process for
reviewing and action on an application, and a schedule for such review and
action.
FISCAL IMPACT
$5,000 fee would be payable to the City to defray staff costs for processing an application.
RECOMMENDATION
Approval of Ordinance No. 13-S-15 on final reading
ATTACHMENT(S)
50631222.1
Ordinance No. 13-S-15
Section 711.008(h), Texas Health and Safety Code.
50628183.2
ORDINANCE NO. 13-S-15
AUTHORIZING AN APPLICATION PROCESS FOR DEVELOPING AND
OPERATING A CEMETERY IN THE CITY OF SCHERTZ; REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH
THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, Section 711.008(h) of the Texas Health and Safety Code, as amended (the
“Act”), authorizes the City of Schertz (the “City”) to permit the establishment or use of
cemeteries located in the boundaries of the City; and
WHEREAS, the Act requires the City by ordinance to prescribe the information to be
included in a written application (a “Cemetery Application”) to establish or use a cemetery in the
City; and
WHEREAS, the Act further requires that a Cemetery Application must be filed with the
City Council of the City; and
WHEREAS, pursuant to the Act, all Cemetery Applications must be filed with the City
Council not later than September 1, 2014; and
WHEREAS, the Act further requires that, following receipt and consideration of a
Cemetery Application for a particular cemetery, the City by ordinance may authorize the
establishment or use of such cemetery within the City if the City Council determines and states
in such ordinance that the establishment or use of such cemetery does not adversely affect public
health, safety, and welfare; and
WHEREAS, the City Council shall consider such an ordinance following receipt of a
recommendation by City staff and the Planning and Zoning Commission; and
WHEREAS, this Ordinance prescribes the information to be included in a Cemetery
Application and the process by which a Cemetery Application shall be received, considered, and
acted upon; and
WHEREAS, the adoption of this Ordinance is in the best interests of the residents of the
City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS:
Section 1.
(a) The City Council hereby amends the City of Schertz Development Services
Planning and Zoning Division Development Manual (the “Manual”) by adding
the Cemetery Application attached hereto as Exhibit A in the Zoning section of
the Manual.
50628183.2 - 2 -
(b) Completed Cemetery Applications shall be filed with the City Council of the City
by delivery of the Cemetery Application and the required fee to the City
Secretary. The City Secretary shall promptly deliver a complete copy of such
Cemetery Application to the Development Services office of the City. The City
Secretary shall stamp the Cemetery Application with the date and time of receipt
and deposit the Cemetery Application fee with the Finance Department of the
City. No Cemetery Application will be accepted by the City after September 1,
2014.
(c) In considering a Cemetery Application, the City Council will consider the degree
to which the proposed cemetery complies with at least the minimum design
standards in the United States Department of Veterans Affairs National Cemetery
Administration Facilities Design Guide in effect on the date of filing of the
Cemetery Application and the cemetery’s compatibility with the goals and
objectives of the City’s Comprehensive Land Plan. Note: If, after the City’s
approval of the Cemetery Application, final pre-construction/site plans submitted
to the City for the cemetery do not comply with the design in the approved
Cemetery Application, the cemetery will not be permitted, and the Owner will be
deemed to have withdrawn the Cemetery Application.
(d) The development or use of a cemetery within the boundaries of the City are
subject to all ordinances and regulations of the City including but not limited to
the Unified Development Code of the City.
(e) No cemetery shall be developed or operated within the City unless the developer
or operator, as applicable, shall receive from all state and local jurisdictions all
licenses and permits required for such development or operation when required.
The developer or operator, as applicable, shall promptly upon receipt deliver to
the City a copy of all such licenses and permits issued by all entities other than the
City.
(f) The fee for receiving and processing a Cemetery Application is $5,000.
(g) The requirements of this Ordinance may be modified only by adoption of an
amending ordinance approved by the City Council.
Section 2. The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part
of the judgment and findings of the Council.
Section 3. All ordinances and codes, or parts thereof, which are in conflict or
inconsistent with any provision of this Ordinance are hereby repealed to the extent of such
conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters
resolved herein.
Section 4. This Ordinance shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
50628183.2 - 3 -
Section 5. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City
hereby declares that this Ordinance would have been enacted without such invalid provision.
Section 6. It is officially found, determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Ordinance, was
given, all as required by Chapter 551, as amended, Texas Government Code.
Section 7. This Ordinance shall be effective upon the date of final adoption hereof and
any publication required by law.
PASSED ON FIRST READING, the 23rd day of April, 2013.
PASSED, APPROVED and ADOPTED ON SECOND READING, the 7th day of May,
2013.
CITY OF SCHERTZ, TEXAS
Michael R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
(CITY SEAL)
50628183.2
EXHIBIT A
CEMETERY APPLICATION FORM
[See attached]
50628183.2 1
CASE NUMBER: _______________________
CITY OF SCHERTZ
CEMETERY APPLICATION
Completion of an application does not constitute acceptance of the application by the City of Schertz. Placement on a
Planning & Zoning Commission and/or a City Council agenda with a staff recommendation of approval will constitute
acceptance (but not approval) of the application. Approval of the application by an ordinance adopted on final reading by the
City Council shall constitute the City’s official approval of the application.
Name of Current Property Owner: ____________________________________________________________________________
Name of Owner Contact Person: ________________________________________________________________________________
(Print Name and Title)
Street Address, City, State, Zip: _________________________________________________________________________________
Ph#: ___________________________ Fax#: __________________________ E-Mail: ______________________________
Owner’s Authorized Agent: __________________________________________________________________________________
(Company Name/Contact Person/Title)
Street Address, City, State, Zip: _________________________________________________________________________________
Ph#: ________________________ Fax#: __________________________ E-Mail: ______________________________
Engineer’s Name / Company / Contact Person: _________________________________________________________________
(Company Name/Contact Person/Title)
Street Address, City, State, Zip: _________________________________________________________________________________
Ph#: ________________________ Fax#: __________________________ E-Mail: ______________________________
Name of proposed Cemetery: _________________________________________________________________________
General Location of Property: ______________________________________________ Total Acreage: ____________
Lot: ________
Block: _________
Address: _______________________________________________________
NOTE: If no address has been assigned, please provide an Address Request Form (see Development Manual) with
this application.
Survey Name: _________________________________________ Abstract#: ____________ Tract # ___________
Existing Use: __________________________________ Current Zoning: ___________________________________
Requested Zoning (if applicable): __________________ Required application fee has been paid to the City yes
50628183.2 2
INDIVIDUAL OWNER ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF __________ §
BEFORE ME, a Notary Public, on this day personally appeared ________________________________________________,
the undersigned Owner, who, under oath, stated the following: “I hereby certify that I am the owner of this property, and all
information submitted herein is true and correct.”
_______________________________________________________
Owner’s Signature
SUBSCRIBED AND SWORN TO before me, this ______ day of ____________ 20____.
(SEAL) _______________________________________________________
Notary Public in and for the State of Texas
ENTITY OWNER ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF __________ §
BEFORE ME, a Notary Public, on this day personally appeared __________________, the _______________ of
_____________________, a __________ ______________, who, under oath, stated the following: “I hereby certify that the
entity named below is the Owner of this property, and all information submitted herein is true and correct.”
_______________________________________________________
Owner’s Name
_______________________________________________________
Owner’s Officer’s Name, Signature, and Title
SUBSCRIBED AND SWORN TO before me, this ______ day of ____________ 20____.
(SEAL) _______________________________________________________
Notary Public in and for the State of Texas
Office Use Only
Date Submitted ______________________________ Check No: ________________________________
Receipt No: _____________________________
Date Distributed: ___________________________ Parkland fees: _________________Date___________
Tree Mitigation: ________________Date_________
Date Accepted/ Rejected: ______________________ 10-Day Ltr: ________________________________ 45-Day Ltr: ______________________________
LGL Notice________________________________________________ PH Notices: _________________________________ # ___________________
PZ: ________________________________________________________ CC: _____________________________________________________________
50628183.2 3
COMPLETENESS REQUIREMENTS (all items must be checked and attached):
This checklist (signed by the Owner or the Owner’s authorized Agent)
Required fees paid to the City and breakdown of fee calculations on a separate sheet
Cemetery application signed by owner and notarized
Legal Metes and Bounds (field notes) on an 8 ½” by 11” sheet including surveyor seal and signature
15- Black line or blue line copies at (18" by 24") exhibits folded with title block shown in front
One 11" by 17" reduction of exhibit folded to no larger than 8 ½" by 11" with title block shown on front
Mailing labels with name and address of all property owners within 200-feet of the site
Tree survey, mitigation and tree removal permit if trees will be removed from the site
Traffic Impact Analysis Determination form
Completed application for street name approval (if cemetery includes proposed public streets)
One (1) CD containing a digital copy of the plan in PDF format
Agent Authorization Letter, as required
Certified copy of a Tax Certificate for the subject property
Ow
n
e
r
St
a
f
f
No
t
A
p
p
l
i
c
a
b
l
e
TECHNICAL REQUIREMENTS
(all items under Owner must be checked and attached)
1 Title block located in lower right corner with cemetery name or survey name and abstract number, and preparation date
2 Name, address, and telephone number of owner, agent, and surveyor
3 North arrow and scale appropriate for the level of detail (1"=100' or 1"=50'), include graphical scale
location/vicinity map
4 Legend, if abbreviations or symbols are used
5 Property boundary and dimensions
6 Existing and requested zoning boundary lines
7 A 200-foot notification boundary.
8 Show the following information of all properties within the 200-foot notification area:
a) Land use
b) Zoning
c) Subdivision name (if applicable)
d) Owner name, property ID#, and address (provided on current tax rolls)
e) Recording information
9 Total gross and net acreage of the proposed cemetery
10 Location of existing rights-of-way and easements with filing information
11 Location and width of planned and existing public thoroughfares, streets, or county roads within and adjacent to the
property and location and width of planned and existing private roadways within the proposed cemetery
12 If exhibit contains proposed thoroughfares add note: “The thoroughfare alignments shown on this exhibit are for
illustration purposes and do not set the alignment. Alignment is determined at time of final plat.”
13 Distances to nearest cross streets
14 Topography at five (5) foot contours or less
15 Existing and proposed FEMA-100 year floodplain areas, or a note that no 100-year floodplain exists on the property
Agreed:
Owner’s or Agent’s Signature: _______________________________________
Printed Name: ___________________________________________________
50628183.2 4
General Cemetery Application Processing Schedule
1. Preapplication conference with Development Services (at least 14 days before filing application).
2. Owner files complete application with City Secretary.
3. Notice of Completeness or Non-Completeness issued to Owner (within 14 business days after receipt
of application); if application is deemed not complete, Owner must deliver a corrected and complete
application not later than 14 days after date of Notice of Non-Completeness or application is deemed
withdrawn).
4. Staff review of application (within 60 days after date of Notice of Completeness).
5. Notice of Recommended Approval or Denial issued to Owner (not later than 31st day after date of
Notice of Completeness).
6. Schedule consideration of application on agenda of Planning & Zoning Commission meeting (at least
10 days after Notice of Recommended Approval or Denial.
7. Public notice of application in City’s official newspaper at least 15 days before Planning & Zoning
Commission meeting.
8. Mail notice of the application to surrounding property owners.
9. Schedule consideration of application and (if applicable) zoning change on agenda of the second City
Council meeting after final action by Planning & Zoning Commission.
10. City Council approves or rejects application.
Acknowledgement:
Owner’s or Agent’s signature:
Printed Name:
Agenda No. 4
CITY COUNCIL MEMORANDUM
City Council Meeting: May 7, 2013
Department: Public Affairs
Subject: Ordinance No. 13-T-16 – Budget Adjustment to
Fund 314-Hotel Tax to fund modifications to the
Schertz Ball Park concession stand kitchen. (First
Reading)
BACKGROUND
The Buffalo Valley Youth Association (BVYA) is seeking $10,000 from the Hotel Tax Fund to
purchase and install a fire suppression vent-a-hood in the Schertz Ball Park concession stand.
The Fire Marshal said that this unit is needed in order for BVYA to continue to offer hamburgers
and fries. This request is not a budgeted item and staff recommends taking this from the Hotel
Tax fund reserves. Sufficient funds exist to fund this request.
BVYA has made many enhancements to the stand in recent years including new floor drains,
new flooring, paint, enhancements to the electric system, new stainless steel tables, a new
fountain drink machine, a new three-compartment sink and plumbing, and have relocated the ice
machines and water lines. All these additions will enhance the facilities to make the facilities
more marketable for tournaments for use by out of town guests. Many of these out of town
guests will stay in our hotels.
This item has been reviewed by the Fire Marshal, Health Inspector, and Building Inspection
personnel and they concur that the fire suppression vent-a-hood is appropriate. Building
Inspections reminds the applicant that permits will need to be pulled before the installation.
Staff recommends approval.
Goal
To provide ventilation and fire suppression in the Schertz Ball Park concession stand and to
enhance the marketability of the facility to tournaments.
Community Benefit
This request will benefit BVYA and their strategic goal to market the facilities to tournaments
with teams from out of town thereby generating additional revenues for the enhancement of
youth sports programs in our community.
Summary of Recommended Action
Staff recommends Council approve the ordinance authorizing a budget adjustment to the Hotel
Tax Fund 314, transferring $10,000 from reserves.
FISCAL IMPACT
City Council Memorandum
Page 2
This action will approve transferring $10,000 from reserves in Fund 314—Hotel Tax. Current
balance in reserves is approximately $390,000. This item was not a budgeted item.
RECOMMENDATION
Staff recommends Council approve Ordinance 13-T-16 First Reading
ATTACHMENTS
Ordinance 13-T-16
ORDINANCE NO. 13-T-16
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO
FUND 314 (HOTEL TAX) FOR MODIFICATION OF CONCESSION
STANDS; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, pursuant to Ordinance 12-T-25, the City of Schertz (the “City”) adopted the
budget for the City for the fiscal year 2012-2013 (the “Budget), which provides funding for the
City’s operations throughout the 2012-2013 fiscal year; and
WHEREAS, the City needs to adjust the Budget to move $10,000.00 from reserves for
the request of use of the Hotel Occupancy Tax Funds to B.V.Y.A. for modification to concession
stands in the Schertz Ball Park; and
WHEREAS, City staff recommends that the City Council of the City adjust the Budget
and approve using reserves from the Hotel Tax Fund 314; and
WHEREAS, the City Council of the City has determined that it is in the best interests of
the City to adjust the Budget and approve the use of reserves from the Hotel Tax Fund 314, as
more fully set forth in this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS:
Section 1. The City shall adjust the Budget and shall move $10,000.00 from the Hotel
Tax Fund 314 reserves to fund the request of the B.V.Y.A. Program for modification to
concession stands at the Schertz Ball Park.
Section 2. The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part
of the judgment and findings of the Council.
Section 3. All ordinances and codes, or parts thereof, which are in conflict or
inconsistent with any provision of this Ordinance are hereby repealed to the extent of such
conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters
resolved herein.
Section 4. This Ordinance shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
Section 5. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application of
50558021.1 - 2 -
such provision to other persons and circumstances shall nevertheless be valid, and the City
hereby declares that this Ordinance would have been enacted without such invalid provision.
Section 6. It is officially found, determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Ordinance, was
given, all as required by Chapter 551, as amended, Texas Government Code.
Section 7. This Ordinance shall be effective upon the date of final adoption hereof and
any publication required by law.
PASSED ON FIRST READING, the 7th day of May, 2013.
PASSED, APPROVED and ADOPTED ON SECOND READING, the ____ day of
_____________, 2013.
CITY OF SCHERTZ, TEXAS
Michael R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
(CITY SEAL)
1
Public Safety Radio
Replacement Project
2
History
◆800 MHz
•Cellular
•Public Safety
•Mixed together
◆Rebanding
•Places public safety frequencies
contiguously
•Cellular and Not Cellular (Nextel)
separate
•Reduced Interference for Public Safety
3
History
◆Narrow banding
•Applies to VHF, UHF, and 700 MHz
•Doubles available frequencies
•More to come
◆Project 25 (P25)
•Common technical standard
•Interoperability
•Open architecture
•Vendor/manufacturer neutral
4
Our Current Situation
◆Harris Radios
•Vendor proprietary
•P25 Phase 1 compliant and narrow
banded
•Single band 800MHz
•Not compatible with P25, Phase 2
•Not compatible with 700 MHz
Our Current Situation
◆Live Oak System
•One tower (in Live Oak)
•P25, Phase I
•Linked to LCRA (700 MHz)
•Schertz, Cibolo, Universal City, Selma,
Live Oak, Converse
•Some coverage issues for Schertz
6
Our Current Situation
◆San Antonio/Bexar County System
•Proprietary
•San Antonio Police, San Antonio Fire,
Bexar County Sheriff, and Bexar County
Fire Depts.
•Schertz Fire has; Schertz EMS and PD
do not
7
What Changed/Why Now
Live Oak Upgrading to P25, Phase II
•Go live 1 January 2015
•Phase I radios will not work
COSA/BC Converting to P25, Phase II
•1 January 2015
VHF Users converting to digital (P25)
•Existing VHF radios not compatible
8
Proposal
◆Move to P25 Phase 2 now
◆37 Fire Radios (some multiband)
◆33 EMS Radios (some multiband)
◆87 Police Radios
◆5 Marshal’s Office Radios
◆5 Animal Control Office Radios
9
Benefits
◆Continuity with existing
partners/responders
◆Expanded radio coverage
•Ability to utilize ALL LCRA towers (right
now we must reach the Live Oak tower)
•Improved Officer Safety within and
across multiple coverage areas
10
Benefits
•Interoperable across widest possible
coverage (AACOG/LCRA)
•Mutual aid with Bracken, New Braunfels,
Comal County, Guadalupe County,
Wildland Deployments
11
Cost
◆Dispatch Consoles are compatible
◆Total radios replaced (handhelds,
mobiles, base stations) 167
◆Total cost for hardware is $750,653
(quote as of 2012)
◆Annual subscriber fees are $40,080
(no change expected)
◆Expect 3 year warranty on new
hardware
12
Financing
◆Tax Notes
◆Total of $800,000
◆Term of 5 years
◆Interest rate 1.30%
◆Debt Service payment $166,000 per
year
◆Interest & Sinking Fund
13
Thank You