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01-31-2012 Agenda PacketSCHERTZ CITY COUNCIL REGULAR SESSION MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 01-31-2012 Council Agenda AGENDA TUESDAY, JANUARY 31, 2012 AT 6:00 P.M. The City Council may, for its convenience or for the convenience of City Staff or persons in attendance, modify the order in which items on the agenda are considered by the City Council. Call to Order – Regular Session – 6:00 p.m. Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas. City Events • Announcements of upcoming City Events (D. Harris/J. Bierschwale) 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. 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. Consent Agenda 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 Meetings of January 17, 2012 and January 24, 2012. 2. Ordinance No. 12-D-04 – Consideration and/or action approving an Ordinance revising the speed limit on Hubertus Road from IH 35 frontage road to FM 482 to 30 mph. Final Reading (J. Kessel/D. Letbetter) 01-31-2012 City Council Agenda Page - 2 - 3. Ordinance No. 12-D-05 – Consideration and/or action approving an Ordinance revising the speed limit on Friesenhahn Lane from IH 35 frontage road to FM 482 to 30 mph. Final Reading (J. Kessel/D. Letbetter) 4. Resolution No. 12-R-08 – Consideration and/or action approving a Resolution calling a Joint General Election with the City of Cibolo to be held May 12, 2012, for the purpose of electing Councilmembers for Place 1, Place 2, and for the Mayor’s position; making provisions for the conduct of a Joint Election; contracting with the Election Administrator of Guadalupe County to conduct this election. (J. Kessel/B. Dennis) 5. Appointments/ Reappointments and Resignations to City Boards, Commissions and Committees – Consideration and/or action regarding appointments/reappointments, and resignations to City Boards, Commissions and Committees. • Ratification of the resignation of Ms. Holly McBrearty from the Economic Development Corporation Board. • Appointment of Mr. Matthew Duke as regular member to the Economic Development Corporation Board. • Appointment of Ms. Barbara Hall as regular member to the Historical Preservation Commission. Executive Session 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. Reconvene into Regular Session 6. Take any action deemed necessary as a result of the Executive Session. Requests and Announcements 7. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 8. Requests by Mayor and Councilmembers to City Manager and Staff for information. 9. 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 01-31-2012 City Council Agenda Page - 3 - • Upcoming City Council agenda items 10. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives Adjournment CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY 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 27th DAY OF JANUARY 2012, AT 1:00 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. Brenda Dennis Brenda Dennis, TRMC, MMC City Secretary 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 _______________, 2012. ____________________________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. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Baldwin Interview Board for Boards and Commissions Investment Advisory Committee ASA Commuter Rail District Board – Lone Star Alamo Area Council of Governments Cibolo Valley Local Government Corporation Schertz Seguin Local Government Corporation Mayor Pro-Tem Scagliola – Council Place 2 Animal Control Advisory Committee Interview Board for Boards and Commissions Sweetheart Advisory Committee Councilmember Fowler – Place 1 Interview Board for Boards and Commissions Schertz Housing Board Liaison Councilmember Antuna - Place 3 Audit Committee Councilmember Edwards – Place 4 Investment Advisory Committee Audit Committee Hal Baldwin Scholarship Committee Councilmember Carpenter – Place 5 TIRZ II Board Hal Baldwin Scholarship Committee 01-31-2012 City Council Agenda Page - 4 - Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: January 31, 2012 Department: City Secretary Subject: Minutes BACKGROUND The City Council held a regular meeting on January 17, 2012 and a meeting on January 24, 2012. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the Regular Meeting of January 17, 2012 and the minutes of the Regular Meeting of January 24, 2012. ATTACHMENT Minutes Regular meeting January 17, 2012 and January 24, 2012. 01-17-2012 Minutes MINUTES REGULAR MEETING January 17, 2012 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on January 17, 2012, at 6:00 p.m., in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to-wit: Mayor Hal Baldwin Mayor Pro-Tem David Scagliola Councilmember Jim Fowler Councilmember George Antuna Councilmember Cedric Edwards Councilmember Michael Carpenter Staff Present: City Manager John Kessel Assistant City Manager John Bierschwale Assistant City Manager David Harris Chief of Staff Bob Cantu City Attorney Michael Spain City Secretary Brenda Dennis CALL TO ORDER REGULAR MEETING Mayor Baldwin called the meeting to order at 6:00 p.m. and welcomed everyone in attendance. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND STATE OF TEXAS. Councilmember Fowler gave the invocation followed by the Pledges of Allegiance to the Flags of the United States and State of Texas. Mayor Baldwin stated that he would be rearranging the agenda this evening to accommodate the presenters of the presentations. Council concurred. City Events • Announcements of upcoming City Events (D. Harris/J. Bierschwale) Mayor Baldwin recognized Assistant City Manager David Harris who stated that this Thursday, January 20, 2012, the Chamber will be hosting a mixer at the Schertz Area Senior Center & WellMed, 608 Schertz Parkway, from 5:30 p.m. to 7:00 p.m. Presentations: • Presentation and update from Gateway Planning Group Inc. (D. Harris) Mayor Baldwin recognized Assistant City Manager David Harris who introduced Ms. Jay Narayana, Mr. Frank Pakuszewski, and Mr. Jeff McKinnie with Gateway Planning Group, Inc. 01-17-2012 Minutes Ms. Narayana stated that since the North and South Schertz charrettes were held, additional meetings were held with Lone Star Rail District to provide a more desirable location for a potential rail stop in North Schertz that would complement any future development in that area. Throughout the process, other opportunities have arisen that have allowed the City to enhance the planning of these and other areas including an expanded footprint of the North Schertz study area and enhanced focus on Sedona and FM 78/Main Street. Ms. Narayana stated in August, a reformulated Sedona Subdivision development team approached the City about the possibility of “upgrading” the remaining approximately 790 acres of the subdivision’s standards and plans outlined in the Planned Unit Development (PUD) document in an attempt to better respond to changing market conditions. At the same time, the City recognized this as an opportunity to create a Master Planned neighborhood—the first in the City—that would set the tone of development in the Southern Sector of Schertz. At its meetings on January 3, 2012, the Planning and Zoning Commission and City Council approved the first of three amendments to the PUD document (now called Planned Development District or PDD). On December 20, 2011, Council authorized the first amendment to the Gateway Planning contract to assist staff in working through many changes of this revised PDD at a cost of $25,000 which will be funded from General Fund Contingencies. Throughout the remainder of 2012, staff will be working with Gateway to finalize future zoning, infrastructure locations, potential developers, and investments that may need to be made by the City and/or Economic Development Corporation to preserve the integrity of the plan. The draft plan and zoning should be completed towards the end of 2012. Discussion and/or Action Items 5. Resolution No. 12-R-03 - Consideration and/or action approving a resolution amending the Gateway Planning Group Inc., Professional Services Agreement. (J. Kessel/D. Harris) The following was read into record: RESOLUTION NO. 12-R-03 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH GATEWAY PLANNING GROUP, INC., AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Baldwin recognized Assistant City Manager David Harris who introduced this item stating that action amends the agreement with Gateway Planning Group, Inc. regarding the expansion of North Schertz and the completion of the 01-17-2012 Minutes FM78/Main Street Projects. Regarding the FM78/Main Street plan, the amendment will allow the City to complete a plan for this important sector of the City, work with a vendor with whom we have an existing relationship, and allow for continuity between plans between the North and South Schertz planning areas. This action will add $73,550 to the revised contract with the Economic Development Corporation funding 70% of the increase ($51,485) and General Fund funding 30% of the increase ($22,065). The Economic Development Corporation approved this item at its meeting on January 12, 2012. Recommend approval. Mayor Baldwin recognized City Manager John Kessel who provided brief comments on the planning exercises, which qualified the changes necessary to move the project forward. Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Councilmember Fowler that based on the Economic Development Corporation recommendation, approves Resolution No. 12-R-04. The vote was unanimous. Motion Carried. 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 5 minutes. 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 Baldwin recognized the following who spoke: • Mr. Steve Layton, 12231 Lost Meadows, who spoke regarding the UDC change window and for Gateway Planning to provide advice toward changes to the UDC. • Mr. Steve White, 805 Main, who spoke regarding agenda item 5, Resolution No. 12-R-03, amending the Gateway Planning Group Inc., Professional Services Agreement. He indicated that Gateway is a fine Corporation and has no problems with them or the work they are doing, but he does not see any tangibles. He is concerned with the City putting all of their eggs in one basket, and the amount the City is spending. Mayor Baldwin recognized the following who spoke regarding the issues in the Fairhaven Subdivision and updated information from Pulte. Mayor Baldwin asked each speaker if they would let the Council know if they would allow Pulte to repair their home, or if they wanted Pulte to buy them out. 01-17-2012 Minutes • Mrs. Halli Travis, 3605 Storm Ridge, (buy back) • Mr. Bruce and Mrs. Faye Touve, 5213 Brookline (buy back) • Mrs. Molly Casas, 5228 Brookline (buy back) • Mrs. Heather Camelio, 5224 Brookline (buy back) • Mrs. Donna Fitzgerald, 5304 Storm King (buy back) • Mr. John Fitzgerald, 5304 Storm King (buy back) • Mr. Pedro Frechel, 3620 Storm Ridge (buy back) • Mr. John Solice, 3717 Greenridge (buy back) • Mrs. Jessica Lawrence, 5603 Storm King (buy back) • Mrs. Brenda Davis, 5603 Storm King (buy back) • Mr. Dan and Mrs. Debe Holister, 5525 Columbia Drive (buy back) • Mrs. Trish Mattison, P.O. Box 3022, of Homeowners for Better Building • Mr. Ken and Mrs. Angela Russell, 6034 Mule Deer (buy back) • Mr. Omar Mendoza, 5308 Storm King (buy back) • Mr. Brian and Mrs. Peggy Benavidez, 5237 Brookline (buy back) • Mr. Bob and Mrs. Cindy Faust, 5448 Storm King (buy back) • Mrs. Janet Ahmad, 18 Sliver Horn, San Antonio, President of Home Owners for Better Building. Consent Agenda 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 January 10, 2012. 2. Resolution No. 12-R-02 - Consideration and/or action approving a resolution reappointing Mayor Hal Baldwin to the Lone Star Rail District Board for the term of February 1, 2012 to February 1, 2014. (J. Kessel/D. Harris) The following caption was read into record: RESOLUTION NO. 12-R-02 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, APPOINTING MAYOR HAL BALDWIN TO THE BOARD OF DIRECTORS OF THE LONE STAR RAIL DISTRICT, AND OTHER MATTERS IN CONNECTION THEREWITH 3. Resolution No. 12-R-04 – Consideration and/or action approving a resolution authorizing a collection fee in the amount of 30% of debts and accounts receivable such as unpaid fines, fees, court costs, forfeited bonds, and restitution 01-17-2012 Minutes ordered paid by a Municipal Court serving the City, and amounts in cases in which the accused has failed to appear. (J. Kessel/M. Spain) RESOLUTION NO. 12-R-04 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A COLLECTION FEE IN THE AMOUNT OF 30% OF DEBTS AND ACCOUNTS RECEIVABLE SUCH AS UNPAID FINES, FEES, COURT COSTS, FORFEITED BONDS, AND RESTITUTION ORDERED PAID BY A MUNICIPAL COURT SERVING THE CITY, AND AMOUNTS IN CASES IN WHICH THE ACCUSED HAS FAILED TO APPEAR: (1) AS PROMISED UNDER SUBCHAPTER A, CHAPTER 543, TRANSPORTATION CODE, OR OTHER LAW; (2) IN COMPLIANCE WITH A LAWFUL WRITTEN NOTICE TO APPEAR ISSUED UNDER ARTICLE 14.06(b), TEXAS CODE OF CRIMINAL PROCEDURE, OR OTHER LAW; (3) IN COMPLIANCE WITH A LAWFUL SUMMONS ISSUED UNDER ARTICLE 15.03(b), TEXAS CODE OF CRIMINAL PROCEDURE; (4) IN COMPLIANCE WITH A LAWFUL ORDER OF A COURT SERVING THE CITY; OR (5) AS SPECIFIED IN A CITATION, SUMMONS, OR OTHER NOTICE AUTHORIZED BY SECTION 682.002, TRANSPORTATION CODE, THAT CHARGES THE ACCUSED WITH A PARKING OR STOPPING OFFENSE, WHEN SUCH DEBTS, ACCOUNTS RECEIVABLE AND AMOUNTS ARE MORE THAN 60 DAYS PAST DUE AND HAVE BEEN REFERRED TO AN ATTORNEY OR OTHER VENDOR FOR COLLECTION, AND OTHER MATTERS IN CONNECTION THEREWITH 4. Appointments/ Reappointments and Resignations to City Boards, Commissions and Committees – Consideration and/or action regarding appointments/reappointments, and resignations to City Boards, Commissions and Committees. Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Councilmember Fowler to approve the consent agenda items 1 through 4 as presented. The vote was unanimous. Motion carried Worksession Items A. Discussion and possible action regarding voter consideration to move City’s General Election to November. (Council/B. Dennis) Mayor Baldwin recognized City Secretary Brenda Dennis who stated that at the Council meeting of December 13, 2011, it was the consensus of the Council to revisit in mid-January whether or not to give the registered voters of Schertz an opportunity to decide on moving the City General Elections to November. 01-17-2012 Minutes Schertz will be holding a General Election on May 12, 2012, with an estimated cost of $6,500. As the City is already holding an election, should Council decide to add this item to the ballot for May 12, 2012, there would not be any additional cost. If the Council chooses to place this proposition on the ballot, the City must call a Special Election. The recommended period for calling the General Election and posting notice is January 30, through February 17, 2012. This is also the period for which we submit requests for preclearance for any required matters. March 3, 2012 is the last day to order a Special Election. Mrs. Dennis stated Council will discuss placing a proposition on the May ballot to move the General Elections to November. Mayor Baldwin recognized City Attorney Michael Spain who stated that this item would require a Charter change and that if this was done in May the City could not do another Charter amendment for two years. Mr. Spain stated there might be other Charter changes staff and Council would suggest. It would be necessary to take more time to review them. Mr. Spain recommended that Council place this item as well as other possible Charter changes on the upcoming November 2012 ballot, which would give staff more time to view the current Charter and provide suggested changes. Council discussed this item in length and it was the consensus of Council to have staff review the City Charter and bring back possible City Charter change recommendations to Council at a later date before the November 2012 election. 6. Ordinance No. 12-M-03 – Consideration and/or action approving an Ordinance revising the City Council Rules of Procedure. First Reading (M. Carpenter/M. Spain) The following was read into record: ORDINANCE NO. 12-M-03 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 Baldwin recognized City Attorney Michael Spain who introduced this item stating that action approves amending the City Council Rules of Conduct and Procedure per request and recent discussions by Council. Sections to be modified are: • Information Required, §5.1a • Communication to Mayor and Council, §5.2 • Presentations by Members of Council, §5.4 • Consent Agenda, §5.5 01-17-2012 Minutes • City Manager Review, §6.2 • Numbering Ordinances and Resolutions, §6.10 • Addressing Council, §11.1, 11.2, 11.4, &11.6 Mayor Baldwin recognized Councilmember Fowler who moved, seconded by Councilmember Carpenter to approve Ordinance No. 12-M-03 First reading. The vote was unanimous. Motion carried Mayor Baldwin moved into executive session at 8:00 p.m. Executive Session 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, and Section 551.074 the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Secretary. Mayor Baldwin reconvened into regular session at 10:30 p.m. Reconvene into Regular Session 7. Take any action deemed necessary as a result of the Executive Session. No action taken. Requests and Announcements 8. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Mayor Baldwin recognized Councilmember Edwards who stated that the City has not had a flood in quite sometime. There is the Cibolo Creek and he wanted to know if the City could do a controlled burn to remove some of the debris in the Creek. City Manager John Kessel stated that the City has been discussing this particular item with the San Antonio River Authority and it is more complicated than just doing a controlled burn, as well as there are drought conditions involved. Mr. Kessel indicated that clean up in the Creek should be done before there is a fire or a flood. They are gathering cost estimates and an appropriate measure or measures to deal with this. Mr. Kessel stated that he would get an update from Mr. John Bierschwale next week regarding this issue. 9. Requests by Mayor and Councilmembers to City Manager and Staff for information. No requests given by Mayor or Council. 01-17-2012 Minutes 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 Baldwin recognized Mayor Pro-Tem Scagliola who stated he attended the following events: • On behalf of Mayor Baldwin, went over to Autumn Winds and presented a proclamation to Mrs. Erna Schievelbein Braune, who was celebrating her 100 birthday, proclaiming Tuesday, January 17, 2012 as Erna Schievelbein Braune Day. • Attended the Chamber Luncheon today, Tuesday, January 17, 2012. Mayor Baldwin recognized Councilmember Fowler who stated he attended the following events: • Attended the Chamber Luncheon today, Tuesday, January 17, 2012, and stated he was impressed with the number of new members and the diversity of businesses that were coming to Schertz. Mayor Baldwin stated he received an invitation from Mr. Peter French and Mr. Eric Slaughter, developers who were working with Gateway Planning Group, Inc., to attend the Future of the Interstate 35 Corridor meeting in Austin, hosted by BizNow. Mayor Baldwin stated that he and Mr. Cantu attended the meeting. Mayor Baldwin stated it was a very good meeting and they received a lot of valuable information. Bottom line Mrs. Amy Madison was the moderator of a six- member panel. The City of Schertz received several good plugs from Mrs. Madison, as well as from Mr. Peter French who spoke very highly of the Gateway project. Mayor Baldwin stated that Schertz has now become a corridor player in his estimation. He stated that the City of Schertz was mentioned several times in a positive frame throughout this meeting, and that Schertz is on the map. 11. Announcements by City Manager Mayor Baldwin recognized City Manager John Kessel stated that he would like to compliment the department heads and other staff on their support with the meetings he has had with them regarding the reorganization. He stated that the department heads have come up with ideas; they are very professional and have ownership. 01-17-2012 Minutes Mr. Kessel stated that in response to the Mayor’s comments, the City of Schertz is a player on the IH 35 Corridor Project, and he would go further than that in stating we are certainly on the map for a number of folks. We are on the map from a residential development standpoint in a very positive way, particularly in South Schertz. The planning efforts and the annexations have made big difference in the regional community perception of what is possible. The idea of what is possible in South Schertz is much bigger and the bar is much higher, and the floor is much higher than it was a year ago. Simply because you have taken, as a Council, the opportunity to annex, land plan, and put development agreements in place. The continuance of putting together work on infrastructure issues such as: water, sewer, streets, purple pipe water, and drainage issues. All of those fundamental structure pieces mean that we will have better higher quality development that does match our future development vision. Mr. Kessel stated we are also continuing to be on the map at a national level from an economic development perspective. You will find over the next few months a lot more discussions and positive news coming out of the things the City is visiting on. Mr. Kessel stated that people know about this community and know about this region. Recently the Homebuilders’ Association provided a newspaper article stating that this is the hottest submarket and one of hottest residential markets in the nation and we are behind on lots and our job is to make certain when we approve developments, we are approving the kinds of developments that we would like to see in Schertz. Finally, he stated that this is a compliment to City Staff who have brought these types of planning efforts and developments forward. Adjournment Mayor Baldwin adjourned the meeting at 10:51 p.m. ___________________________________ Mayor ATTEST: _______________________________________ Brenda Dennis, TRMC, MMC City Secretary 01-24-2012 Minutes MINUTES REGULAR MEETING January 24, 2012 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on January 24, 2012, at 6:00 p.m., in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to-wit: Mayor Hal Baldwin Mayor Pro-Tem David Scagliola Councilmember Jim Fowler Councilmember George Antuna Councilmember Michael Carpenter Staff Present: City Manager John Kessel Assistant City Manager John Bierschwale Assistant City Manager David Harris Chief of Staff Bob Cantu City Attorney Katherine Tapley City Secretary Brenda Dennis Councilmember Cedric Edwards was absent. CALL TO ORDER REGULAR MEETING Mayor Baldwin called the meeting to order at 6:00 p.m. and welcomed everyone in attendance. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND STATE OF TEXAS. Councilmember Fowler gave the invocation followed by the Pledges of Allegiance to the Flags of the United States and State of Texas. Mayor Baldwin mentioned that Councilmember Edwards had a previous engagement and was absent this evening. City Events • Announcements of upcoming City Events (D. Harris/J. Bierschwale) No announcements given. Presentations: • Presentation and update on the Schertz Festival of Angels event (M. Spence) Mayor Baldwin recognized Events Coordinator Mary Spence who provided a brief update regarding the Schertz Festival of Angel’s event. Ms. Spence indicated that the 01-24-2012 Minutes information regarding this event can be found on the website; click on the Festival of Angels link. 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 5 minutes. 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 Baldwin recognized the following who spoke: • Mr. Steve Layton, 12231 Lost Meadows, who provided brief information regarding Sedona Trails and how areas could be removed from the flood plain area. • Ms. Maggie Titterington, President of the Schertz Chamber of Commerce, who provided updated information regarding the Chamber. Mayor Baldwin recognized the following who spoke regarding the issues in the Fairhaven Subdivision and updated information from Pulte. • Mr. Steve & Mrs. Sherry Clark, 5269 Brookline • Mr. Ryan Mahoney, 5233 Columbia Drive • Ms. Melissa Sutterfield, 5209 Storm King • Mr. Ken Russell, 6034 Mule Deer • Ms. Virginia Diaz, 5325 Storm King • Ms. Donna Fitzgerald, 5304 Storm King • Ms. Heather Camelio, 5224 Brookline • Mr. Daniel & Mrs. Debe Hollistel, 5525 Columbia Drive • Ms. Molly Casas, 5228 Brookline • Mr. Bruce & Mrs. Faye Touve, 5213 Brookline • Ms. Holly Muniz, 5145 Brookline • Ms. Cindy Morales, 5209 Columbia Drive • Mr. Ralph Hogue, 6060 Rooster Run • Mr. Bob Faust, 5448 Storm King • Ms. Debbie Bishop, 5321 Storm King • Mr. Daniel Scott, 3929 Brookhollow • Ms. Trisha Mattison, P. O. Box 3022, 78148 (Homeowners For Better Building) • Mr. Kevin Harwi, 5200 Columbia Drive • Ms. Janet Ahmad, 18 Silver Horn (Homeowners For Better Building) 01-24-2012 Minutes Mayor Baldwin recognized City Manager John Kessel who stated that City Council and City staff are very sympathetic to the situation and he does not want our lack of dialogue this evening to appear as we do not care; we care very much. He stated that anyone who has visited with us knows this. We take the time to listen. The City staff makes themselves available at a very high level to meet with residents. Mr. Kessel stated that he as well as Mr. Bierschwale, and Mr. Harris have met numerous times with numerous residents. He stated that he again extends that invitation as he has at every meeting. He stated that it is very important from the City’s perspective that we continue to try and have that dialogue with Pulte and perhaps that is something that doesn’t seem to make sense, based on some of the comments. If the dialogue stops, we the City, do not have anything further to do to help your particular house today. The only way to start working on your house is to continue to have that dialogue with the person who built the house and the person who is able to repair the house. That is what we want to help facilitate. He stated that the City does work directly with Pulte to let them know your concerns. Mr. Kessel again stated that the City takes the situation very seriously and wants everyone to go away tonight knowing that he does speak and meet regularly with Pulte and pushes them every way he can within the law to do what is right, to do the best they can, and to treat others the way they would like to be treated themselves. These are important values. Mayor Baldwin recessed the meeting at 8:00 p.m. for a brief break. Mayor Baldwin reconvened the meeting at 8:20 p.m. Consent Agenda 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. Ordinance No. 12-S-01- Consideration and/or action approving an ordinance and act upon rezoning approximately 504.645± acres of land out of 852.2± acres of land which is zoned Planned Unit Development District (PUD) from Planned Unit Development District (PUD) to Planned Development District (PDD) generally for mixed use development. The 504.645± acres of property is generally located west of FM 1518 at Lower Seguin Road. Final Reading (J. Kessel/M. Sanchez) The following caption was read into record: ORDINANCE NO. 12-S-01 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AMENDING THE OFFICIAL ZONING MAP ORDINANCE NO. 08-S-07 BY REZONING APPROXIMATELY 504.645± ACRES OF LAND OUT OF 852.2± ACRES OF LAND WHICH IS ZONED PLANNED UNIT DEVELOPMENT DISTRICT (PUD) FROM PLANNED UNIT DEVELOPMENT DISTRICT (PUD) TO PLANNED DEVELOPMENT DISTRICT (PDD) GENERALLY FOR MIXED USE DEVELOPMENT. THE 504.645± ACRES OF PROPERTY IS LOCATED IN THE CITY OF 01-24-2012 Minutes SCHERTZ, BEXAR COUNTY, TEXAS, GENERALLY LOCATED WEST OF FM 1518 AT LOWER SEGUIN ROAD; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE 2. Ordinance No. 12-M-03 – Consideration and/or action approving an Ordinance revising the City Council Rules of Procedure. Final Reading (M. Carpenter/M. Spain) The following was read into record: ORDINANCE NO. 12-M-03 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 3. Resolution No. 12-R-07 - Consideration and/or action approving an amendment to the Sprint Telecom Agreement. (J. Kessel/M. Spain) The following was read into record: RESOLUTION NO. 12-R-07 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A FIRST AMENDMENT TO TOWER LEASE AGREEMENT WITH SPRINT SPECTRUM REALTY COMPANY, L.P., AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Baldwin recognized Councilmember Fowler who moved, seconded by Mayor Pro-Tem Scagliola to approve consent agenda items 1, 2, and 3. The vote was unanimous. Motion Carried. Discussion and/or Action Items 4. Ordinance No. 12-D-04 – Consideration and/or action approving an Ordinance revising the speed limit on Hubertus Road from IH 35 frontage road to FM 482 to 30 mph. First Reading (J. Kessel/D. Letbetter) The following was read into record: ORDINANCE NO. 12-D-04 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY 01-24-2012 Minutes OF SCHERTZ, TEXAS BE AMENDED BY REVISING SECTION 86-115, MAXIMUM LIMITS GENERALLY; AND PROVIDING A REPEALING CLAUSE. Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Councilmember Mayor Pro-Tem Scagliola to approve Ordinance 12-D-04 on first reading. The vote was unanimous. Motion carried. 5. Ordinance No. 12-D-05 – Consideration and/or action approving an Ordinance revising the speed limit on Friesenhahn Lane from IH 35 frontage road to FM 482 to 30 mph. First Reading (J. Kessel/D. Letbetter) The following was read into record: ORDINANCE NO. 2012-D-5 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; AND PROVIDING A REPEALING CLAUSE. Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Councilmember Fowler to approve Ordinance 12-D-05 on first reading. The vote was unanimous. Motion carried. 6. Ordinance No. 12-S-06 - Conduct a public hearing and consideration and/or action approving an ordinance to rezone 37.325± acres of land from General Business (GB) to General Business-2 (GB-2). The property is more specifically described as a portion of the Toribio Herrera Survey, Abstract No. 153, City of Schertz, Guadalupe County, Texas, generally located at the intersection of FM 1518 and Maske Road. First Reading (J. Kessel/M. Sanchez) The following was read into record: ORDINANCE NO. 12-S-06 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP ORDINANCE 11-S-15 BY REZONING APPROXIMATELY 37.325± ACRES OF LAND FROM GENERAL BUSINESS DISTRICT (GB) TO GENERAL BUSINESS DISTRICT-2 (GB-2) KNOWN AS CAMARGO SUBDIVISION. THE PROPERTY IS MORE SPECIFICALLY DESCRIBED AS A PORTION OF THE TORIBIO HERRERA SURVEY, ABSTRACT 153; GENERALLY LOCATED ON THE SOUTHEAST CORNER OF FM 1518 AND MASKE ROAD; PROVIDING A REVERSIONARY CLAUSE; PROVIDING A 01-24-2012 Minutes REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE Mayor Baldwin recognized Development Services Director Michelle Sanchez who introduced this item stating that action rezones 37.325± acres of land from General Business District to General Business District-2 as requested by CWS Architects. The property is owned by XLNT Properties (Robert Camargo). The Future Land Use Plan designates the property for Industrial/Business Park uses and staff has concluded that this rezoning request is generally consistent with the Plan. The Planning and Zoning Commission met on January 11, 2012, and recommended approval to City Council provided there is no objection issued by Randolph Air Force Base which has not been received at the time of this writing. Ms. Sanchez indicated that she has spoken with Randolph Air Force Base and they have no objections and that their letter should be received within a week or two. She stated that she believes that by the time of final approval of this zoning the City should be in receipt of the letter. The timeline is as follows: January 11, 2012 P&Z Public Hearing January 24, 2012 City Council Public Hearing and First reading of Ordinance February 7, 2012 City Council Final Reading of Ordinance Staff recommends approval. City Manager John Kessel and Development Services Director Ms. Sanchez addressed Mayor and Council questions. Mayor Baldwin opened the public hearing and as no one else spoke, Mayor Baldwin closed the public hearing. Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Mayor Pro-Tem Scagliola to approve Ordinance No. 12-S-06 first reading. The vote was unanimous. Motion Carried. Mayor Baldwin moved into executive session at 8:36 p.m. Executive Session 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. Mayor Baldwin reconvened into regular session at 10:40 p.m. Reconvene into Regular Session 01-24-2012 Minutes 7. Take any action deemed necessary as a result of the Executive Session. No action taken. Requests and Announcements 8. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No items requested. 9. Requests by Mayor and Councilmembers to City Manager and Staff for information. Mayor Baldwin recognized Mayor Pro-Tem Scagliola who asked if the Engles property between Schertz and New Braunfels had been annexed. Assistant City Manager John Bierschwale stated that yes; it had been annexed by New Braunfels. Mayor Baldwin recognized Councilmember Fowler who asked if staff could look into communicating with TxDot the possibility of lowering the speed limit on FM 1103 by Cibolo Valley Church. Chief Taylor stated that his officers have been working the area and that recently he has had dialogue with TxDot regarding this issue and they are currently doing a study. Information will be provided to Council once the study has been completed by TxDot. Mayor Baldwin requested staff look at the possibility of redoing Lazy Oak, in the Oak Forest Subdivision. Are there any plans now or in the future to redo the street? Assistant City Manager John Bierschwale stated that Public Works has taken corrective action on the drainage issues. He stated that Public Works is currently putting together a work plan and cost analysis for an overlay. Mayor Baldwin recognized Councilmember Antuna who wanted to know the status as to what the City is doing with the road from IH 35 down to old Wiederstein Road. (Cibolo Valley is being expanded by City of Cibolo) Assistant City Manager John Bierschwale stated that right now nothing is planned. Mr. Bierschwale stated the City is keeping it passable; no dollars are funded since this is the entrance into Cibolo. He stated that Schertz asked Cibolo for assistance in restructuring the road and was told a while back no, but that was under a different Mayor with the City of Cibolo at that time. He is hopeful that the City of Cibolo will in the future wish to participate in this. 10. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) 01-24-2012 Minutes • 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 Baldwin recognized Mayor Pro-Tem Scagliola who stated he attended the following events: • On Sunday, January 22, 2012, he attended a gathering along with other City Council members and the Schertz Sweethearts for discussions on the upcoming Cibolo Princess Pageant. Mayor Baldwin recognized Councilmember Antuna who stated he attended the following events: • Cibolo Princess Pageant on Sunday, January 22, 2012. • Last week he and Mayor Baldwin attended a meeting with the Greater Bexar County, a division of AACOG. Items discussed were the increase in franchise fees on CIED monies. Councilmember Antuna asked Mr. Kessel if he could get with CPS and provide them a list of City projects. Mayor Baldwin recognized Councilmember Fowler who stated he attended the following events: • Last night he attended the Parks and Recreation meeting; some of the items discussed were a proposed skateboard park which would be located behind the Fire Station. He also mentioned that on February 4, 2012 Eagle Scouts will be working with the Parks and Recreation Board on some of the trails. Also, on April 14, 2012 the Board is planning a volunteer work day and details will be forth coming. 11. Announcements by City Manager Mayor Baldwin recognized City Manager John Kessel who stated that he would like to give a shout out to Public Works, Parks and Recreation, and the Economic Development teams for putting a meeting together to come up with ideas for FM 78 and Main Street. He stated that this team has some very creative ideas and they did this all on their own to pull a team together. Mr. Kessel also recognized Police Chief Taylor who has been working with the Police Department on a step program on IH 35. He stated that this program allows officers to promote public safety. Chief Taylor came forward briefing the Council on the project. Finally, Mr. Kessel thanked the Mayor and Council for allowing him to take off last Friday to attend his mother’s 70th birthday celebration. 01-24-2012 Minutes Adjournment Mayor Baldwin adjourned the meeting at 11:01 p.m. ___________________________________ Mayor ATTEST: _______________________________________ Brenda Dennis, TRMC, MMC City Secretary Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: January 31, 2012 Department: Engineering / Public Works Subject: Ordinance No. 2012-D-4 - Recommendation to amend speed limit on Hubertus Road. (Final Reading) BACKGROUND As part of an ongoing review of the speed limits on City streets by the City Engineer/Public Works, it was determined that Hubertus Road is not covered under Section 86-115 Maximum Limits Generally of the City Code of Ordinance. City Council approved this on first reading at their meeting of January 24, 2012. FISCAL IMPACT The Fiscal Impact will be $180.00 Proposed FY 2011-2012 budget, Account number: 101-359- 551600 – Street Maintenance. RECOMMENDATION Staff recommends Council approve final reading of Ordinance 12-D-04. ATTACHMENT Ordinance No. 2012-D-4 Exhibit for Hubertus Road ORDINANCE NO. 12-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 REVISING SECTION 86-115, MAXIMUM LIMITS GENERALLY; AND PROVIDING A REPEALING CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION I THAT, Section 86-115 of the Code of Ordinances, City of Schertz, Texas be amended to add the following: “Section 86-115, Maximum Limits Generally. Street Extent Speed Limit Hubertus Road from IH 35 frontage road to FM 482 30 MPH SECTION II THAT, all Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. SECTION III This Ordinance shall be effective from and after its final passage and any publication required by the City Ordinance. APPROVED on first reading the 24th day of January 2012. PASSED, APPROVED AND ADOPTED this the 31st day of January, 2012. ___________________________________ Mayor, City of Schertz, Texas ATTEST: ______________________________________ Brenda Dennis, City Secretary, City of Schertz Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: January 31, 2012 Department: Engineering / Public Works Subject: Ordinance No. 2012-D-5 - Recommendation to amend speed limit on Friesenhahn Lane. (Final Reading) BACKGROUND As part of an ongoing review of the speed limits on City streets by the City Engineer/Public Works, it was determined that Friesenhahn Lane is not covered under Section 86-115 Maximum Limits Generally of the City Code of Ordinance. City Council approved this on first reading at their meeting of January 24, 2012. FISCAL IMPACT The Fiscal Impact will be $360.00 Proposed FY 2011-2012 budget, Account number: 101-359- 551600 – Street Maintenance. RECOMMENDATION Staff recommends Council approve final reading of Ordinance No. 2012-D-05. ATTACHMENT Ordinance No. 2012-D-5 Exhibit for Friesenhahn Lane ORDINANCE NO. 12-D-05 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; AND PROVIDING A REPEALING CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION I THAT, Section 86-115 of the Code of Ordinances, City of Schertz, Texas be amended to add the following: “Section 86-115, Maximum Limits Generally. Street Extent Speed Limit Friesenhahn Lane from IH 35 frontage road to FM 482 30 MPH SECTION II THAT, all Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. SECTION III This Ordinance shall be effective from and after its final passage and any publication required by the City Ordinance. APPROVED on first reading the 24th day of January 2012. PASSED, APPROVED AND ADOPTED this the 31st day of January, 2012. ___________________________________ Mayor, City of Schertz, Texas ATTEST: ______________________________________ Brenda Dennis, City Secretary, City of Schertz Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: January 31, 2012 Department: City Secretary Subject: Resolution No. 12-R- 08 - Calling the May 12, 2012 City of Schertz General - Joint Election with the City of Cibolo and approving a contract with Guadalupe County Election Administrator BACKGROUND In January the City Secretary’s office met with Sue Basham, Elections Administrator of Guadalupe County, and the City of Cibolo to discuss holding a joint election. Some of the benefits in holding a joint election are as follows: • Entities would divide the costs equally (creating a savings to each entity) • Utilize common voting poll locations • Utilize common voting equipment • Utilize common voting clerks The City of Schertz and the City of Cibolo will hold a Joint Election on May 12, 2012. The Joint Election will be contracted through the Elections Administrator of Guadalupe County, Sue Basham. FISCAL IMPACT Estimated Cost is $ 6,500 to be paid for from account number 101-150-532600. This is a budgeted item. RECOMMENDATION It is recommended Council approve Resolution No. 12-R-08 calling the May 12, 2012 City of Schertz General Joint election with the City of Cibolo as well as approving a contract with the Elections Administrator of Guadalupe County, Sue Basham. ATTACHMENTS Resolution No. 12-R-08 Contract for Elections Services Agreement – Guadalupe County Joint Election Agreement with Cibolo Page 1 of 7 THE STATE OF TEXAS } } COUNTY OF GUADALUPE } CONTRACT FOR ELECTION SERVICES THIS CONTRACT made by and between Guadalupe County, a body corporate and politic under the laws of the State of Texas, hereinafter referred to as “County,” and City of Schertz, Texas, hereinafter referred to as “Political Subdivision,” pursuant to Texas Election Code Sections 31.092(a) for an election to be held on May 12, 2012, and to be administered by Sue Basham, Elections Administrator, hereinafter referred to as “Elections Administrator”. Said Political Subdivision is holding a General Election, at their expense on May 12, 2012. The County owns an electronic voting system, the Diebold Touch Screens for Early Voting and Election Day voting and Diebold Optical Scan for paper mail ballots, which has been duly approved by the Secretary of State pursuant to Texas Election Code Chapter 122 as amended, and is compliant with the accessibility requirements set forth by Texas Election Code Section 61.012. Political Subdivision desires to use the County’s electronic voting system and to compensate the County for such use. NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the parties, IT IS AGREED as follows: I. ADMINISTRATION The Elections Administrator of Guadalupe County shall coordinate, supervise, and handle all aspects of administering the Election as provided in this Contract. Political Subdivision agrees to pay Guadalupe County for equipment, supplies, services, and administrative costs as provided in this Contract. The Elections Administrator shall serve as the administrator for the Election; however, the Political Subdivision shall remain responsible for the decisions and actions of its officers necessary for the lawful conduct of its election. The Elections Administrator shall provide advisory services in connection with decisions to be made and actions to be taken by the officers of the Political Subdivision. It is understood that other political subdivisions may wish to participate in the use of the County’s electronic voting system and polling places, and it is agreed that Guadalupe County and the Elections Administrator may enter into other contracts for election services for those purposes on terms and conditions generally similar to those set forth in this contract. Political Subdivision agrees that other political subdivisions that may have territory located partially or wholly within the boundaries of Political Subdivision, and in such case all parties sharing common territory shall enter into a Joint Election Agreement and share a joint ballot on the county’s electronic voting system at the applicable polling places. In such cases, costs shall be divided among the participants. Page 2 of 7 At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The participating parties shall share a mutual ballot in those precincts where jurisdictions overlap. However, in no instance shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the voter is ineligible to vote. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap. II. LEGAL DOCUMENTS Political Subdivision shall be responsible for the preparation, adoption, and publication of all required election orders, resolutions, notices, and any other pertinent documents required by the Texas Election Code and/or Political Subdivision’s governing body, charter, or ordinances. Preparation of the necessary materials for notices and the official ballot shall be the responsibility of the Political Subdivision, including translation to languages other than English. Political Subdivision shall provide a copy of their election order and notice to the Elections Administrator. The Political Subdivision shall prepare a submission to the United States Department of Justice for preclearance of the election procedures and polling places, pursuant to the Voting Rights Act of 1965, as amended. III. VOTING LOCATIONS The Elections Administrator shall arrange for the use of all Election Day voting locations. Voting locations will be, whenever possible, the usual voting locations for Political Subdivision. In the event a voting location is not available, the Elections Administrator will arrange for use of an alternate location with the approval of the Political Subdivision. If polling places are different from the polling place(s) used by Political Subdivision in it’s most recent election, Political Subdivision agrees to post a notice no later than the day before the election, at the entrance to any previous polling places in the jurisdiction stating that the polling location has changed and stating the political subdivision’s polling place names and addresses in effect for election. IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL Elections Administrator shall recommend election judges, alternate judges and clerks. Upon request by the Elections Administrator, Political Subdivision agrees to assist in recruiting polling place officials who are bilingual (fluent in both English and Spanish). The Elections Administrator shall notify all election judges of the eligibility requirements of Subchapter C of Chapter 32 of the Texas Election Code, and will take the necessary steps to ensure that all election judges appointed for the Election are eligible to serve. The Elections Administrator shall arrange for the training and compensation of all election judges and clerks. The Elections Administrator shall arrange for the date, time, and place for presiding election judges to pick up their election supplies. Each presiding election Page 3 of 7 judge will be sent a letter from the Elections Administrator notifying him/her of their appointment, the time and location of training and distribution of election supplies, and the number of election clerks that the presiding judge may appoint. Each election judge and clerk will receive compensation at an hourly rate established by Guadalupe County pursuant to Texas Election Code Section 32.091. (Election Judge and Alternate Judge - $10/hour; Clerks-$9/hour; Early Voting Clerks-$9.15/hour) The Election Judge will receive an additional sum of $25.00 for picking up the election supplies prior to Election Day and for returning the supplies and equipment to the central counting station after the polls close. In addition, all workers receive a $15 flat rate compensation for mandatory training. V. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT The Elections Administrator shall arrange for all election supplies and voting equipment including, but not limited to official ballots, sample ballots, voter registration lists, and all forms, signs and other materials used by the election judges at the voting locations. The Elections Administrator shall provide the necessary voter registration information, instructions, and other information needed for the election. If special maps are needed for a particular Political Subdivision, the Election Administrator will order the maps and pass that charge on to that particular Political Subdivision. Political Subdivision shall furnish the Elections Administrator a list of candidates and/or propositions showing the order and the exact manner in which the candidate names and/or proposition(s) are to appear on the official ballot (including titles and text in each language in which the authority’s ballot is to be printed). This list shall be delivered to the Elections Administrator as soon as possible after ballot positions have been determined by each of the participating authorities. Said list shall be provided to the Elections Administrator by the date set out in the published Election Calendar provided by the Secretary of State. Each participating authority shall be responsible for proofreading and approving the ballot insofar as it pertains to that authority’s candidates and/or propositions. It is agreed by all parties that at all times and for all purposes hereunder, all election judges, clerks, and all other personnel involved in this election are independent contractors and are not employees or agents of the County or Political Subdivision. No statement contained in this Contract shall be construed so as to find any judge, clerk, or any other election personnel an employee or agent of the County or Political Subdivision, and no election personnel shall be entitled to the rights, privileges, or benefits of County or Political Subdivision employees except as otherwise stated herein, nor shall any election personnel hold himself out as an employee or agent of the County or Political Subdivision, unless considered a county employee as determined by the Guadalupe County Human Resources Department. Page 4 of 7 VI. EARLY VOTING Political Subdivision agrees to appoint the Elections Administrator as the Early Voting Clerk. Political Subdivision also agrees to appoint the Elections Administrator’s permanent county employees as deputy early voting clerks. Political Subdivision further agrees that the Elections Administrator may appoint other deputy early voting clerks to assist in the conduct of early voting as necessary, and that these additional deputy early voting clerks shall be compensated at an hourly rate set by Guadalupe County pursuant to Section 83.052 of the Texas Election Code ($9.15/hour). Early Voting by personal appearance will be held at the locations, dates, and times determined by Political Subdivision. Any qualified voter of the Election may vote early by personal appearance at any one of the early voting locations. As Early Voting Clerk, the Elections Administrator shall receive applications for early voting ballots to be voted by mail in accordance with Chapters 31 and 86 of the Texas Election Code. Any requests for early voting ballots to be voted by mail received by the Political Subdivision shall be forwarded immediately by fax or courier to the Elections Administrator for processing. The Elections Administrator shall, upon request, provide the Political Subdivision a copy of the early voting report on a daily basis and a cumulative final early voting report following the election. VII. EARLY VOTING BALLOT BOARD Elections Administrator shall appoint an Early Voting Ballot Board (EVBB) to process early voting results from the Election. The Presiding Judge, with the assistance of the Elections Administrator, may appoint two or more additional members to constitute the EVBB. The Elections Administrator shall determine the number of EVBB members required to efficiently process the early voting ballots. VIII. CENTRAL COUNTING STATION AND ELECTION RETURNS The Elections Administrator shall be responsible for establishing and operating the central counting station to receive and tabulate the voted ballots in accordance with the provisions of the Texas Election Code and of this Contract. The participating authorities hereby, in accordance with Section 127.002, 127.003, and 127.005 of the Texas Election Code, appoint the following central counting station officials: Counting Station Manager: ____Sue Basham_________ Tabulation Supervisor: _____Sue Basham_________ Presiding Judge: ___Missy Doss__________________ The Elections Administrator will prepare the unofficial canvass reports after all precincts have been counted, and will deliver a copy of the unofficial canvass to the Political Subdivision Page 5 of 7 as soon as possible after all returns have been tabulated. All participating authorities shall be responsible for the official canvass of their respective elections. X. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION Political Subdivision may withdraw from this Contract should it cancel its election in accordance with Sections 2.051 - 2.053 of the Texas Election Code, or should it be later ruled that the election is not needed. Political Subdivision is fully liable for any expenses incurred by Guadalupe County on behalf of Political Subdivision. Any monies deposited with the county by the withdrawing authority shall be refunded, minus the aforementioned expenses. XI. RECORDS OF THE ELECTION Voted ballots and all records of the Election will be given to the Political Subdivision to be retained and disposed of in accordance with the provisions of Section 66.058 of the Texas Elections Code. However, if the Political Subdivision enters into a Joint Election Agreement with another political subdivision, the Elections Administrator is hereby appointed general custodian of the voted ballots and all records of the Election as authorized by Section 271.010 of the Texas Election. Access to the election records shall be available to each participating authority as well as to the public in accordance with applicable provisions of the Texas Election Code and the Texas Public Information Act. The election records shall be stored at the offices of the Elections Administrator or at an alternate facility used for storage of county records. The Elections Administrator shall ensure that the records are maintained in an orderly manner so that the records are clearly identifiable and retrievable. Records of the election shall be retained and disposed of in accordance with the provisions of Section 66.058 of the Texas Election Code. If records of the election are involved in any pending election contest, investigation, litigation, or open records request, the Elections Administrator shall maintain the records until final resolution or until final judgment, whichever is applicable. It is the responsibility of each participating authority to bring to the attention of the Elections Administrator any notice of pending election contest, investigation, litigation or open records request which may be filed with the participating authority. XII. RECOUNTS A recount may be obtained as provided by Title 13 of the Texas Election Code. Political Subdivision agrees that any recount shall take place at the offices of the Elections Administrator, and that the Elections Administrator shall serve as Recount Supervisor and the Political Subdivision’s official or employee who performs the duties of a secretary under the Texas Election Code shall serve as Recount Coordinator. The Elections Administrator agrees to provide advisory services to the District as necessary to conduct a proper recount. Page 6 of 7 XIII. MISCELLANEOUS PROVISIONS 1. The Elections Administrator shall file copies of this document with the Guadalupe County Treasurer and the Guadalupe County Auditor in accordance with Section 31.099 of the Texas Election Code. 2. In the event that legal action is filed contesting Political Subdivision’s election under Title 14 of the Texas Election Code, Political Subdivision shall choose and provide, at its own expense, legal counsel for the County, the Elections Administrator, and additional election personnel as necessary. 3. Nothing in this contract prevents any party from taking appropriate legal action against any other party and/or other election personnel for a breach of this contract or a violation of the Texas Election Code. 4. The parties agree that under the Constitution and laws of the State of Texas, neither Guadalupe County nor Political Subdivision can enter into an agreement whereby either party agrees to indemnify or hold harmless another party; therefore, all references of any kind, if any, to indemnifying or holding or saving harmless for any reason are hereby deleted. 5. This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Guadalupe County, Texas. 6. In the event of one of more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 7. All parties shall comply with all applicable laws, ordinances, and codes of the State of Texas, all local governments, and any other entities with local jurisdiction. 8. The waiver by any party of a breach of any provision of this Contract shall not operate as or be construed as a waiver of any subsequent breach. 9. Any amendments of this Contract shall be of no effect unless in writing and signed by all parties hereto. Page 7 of 7 IN TESTIMONY HEREOF, this Contract, its multiple originals all of equal force, has been executed on behalf of the parties hereto as follows, to-wit: 1. It has on this _______ day of _______________, 2012, been executed on behalf of Guadalupe County by the Elections Administrator pursuant to the Texas Election Code so authorizing; and 2. It has on this _______ day of _______________, 2012, been executed on behalf of the Political Subdivision by its Presiding Officer or authorized representative, pursuant to an action of the Political Subdivision so authorizing. GUADALUPE COUNTY, TEXAS CITY OF SCHERTZ TEXAS By: _______________________________ By: _______________________________ SUE BASHAM Presiding Officer/Authorized Representative Elections Administrator COUNTY ELECTION SERVICES CONTRACT COSTS MAY 12, 2012 CITY OF SCHERTZ GENERAL ELECTION (One [1] Early Voting Location / One (1) Election Day Location) Item # Costs/Services Estimate Actual Total 1. Printing costs (mail ballots). $ 100.00 $ 2. Electronic voting system programming and testing. ($50/TSX) (EV - 6) (ED – 6) 600.00 3. Publication of Electronic Voting Equipment Test. 100.00 4. Election kits – Precinct Supplies,Maps, Laptops, Printers, Cell Phones, etc. ($75/EA) ( EV – 1) (ED – 1) 150.00 5. Rental of voting equipment. ($100/Unit) (EV – 6 TSX) (ED – 6 TSX) 1,200.00 6. Preparation and transportation of voting equipment. 100.00 7. Polling place rental. 0.00 8. Precinct election judges and clerks. 600.00 9. Election judge's pick up / delivery fee - ED supplies - 25.00 10. Early Voting Personnel (4 @ $9.15/hr) 2,671.80 11. Early Voting Ballot Board Personnel. 100.00 12. Personnel for central counting station - Election Night 200.00 13. County Election Services Contract Administrative Fee. 584.68 14. Miscellaneous Election Day costs (itemize). 0.00 15. TOTAL ELECTION COSTS: $6,431.48 $ SUE BASHAM Guadalupe County Elections Administrator 215 So. Milam St. Seguin, TX 78155 830-303-6363 (Office) 830-303-6373 (Fax) sue.basham@co.guadalupe.tx.us DATE: January 2, 2012 Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: January 31, 2012 Department: Mayor and Council Subject: Resignations – Appointments – Reappointments to the various Boards and Commissions BACKGROUND Ratify: The resignation of Ms. Holly McBrearty from the Schertz Economic Development Corporation Appoint: Mr. Matthew Duke as a Director to the Schertz Economic Development Corporation. Ms. Barbara Hall as a regular member of the Historical Commission. RECOMMENDATION Appoint Mr. Matthew Duke as a Director to the Schertz Economic Development Corporation and Ms. Barbara Hall as a regular member of the Historical Commission. This is per the recommendation from the interview board. ATTACHMENTS Resignation Letter – Holly McBrearty Applications of Interest – Matthew Duke and Barbara Hall