06-11-2013 MinutesAHNUTES
REGULAR MEETING
June 11, 2013
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on June 11,
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
Councilmember Jim Fowler
Councilmember Sydney Verinder
Staff Present:
Executive Director John Bierschwale
Executive Director Brian James
City Attorney Samantha Dyal
Councilmember George Antuna was absent.
CALL TO ORDER:
Mayor Pro -Tom Cedric Edwards
Councilmember David Scagliola
City Manager John C. Kessel
Executive Director David Harris
Chief of Staff Bob Cantu
City Secretary Brenda Dennis
Mayor Carpenter called the Regular Meeting to order at 6:02 p.m.
]INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED
STATES AND THE STATE OF TEXAS.
Councilmember Fowler gave the invocation followed by the Pledges of Allegiance to the Flags of
the United States and the State of Texas.
City Events and Announcements
• Announcements of upcoming City Events (D. Harris /J. Bierschwale/B, James)
Mayor Carpenter recognized Executive Director of Support David Harris who announced the
following upcoming events:
• Wednesday, June 12, 2013 — Blood Drive 8:00 a.m, to 1:15 p.m. Parking lot at City Hall.
• Friday, June 14, 2013 — Bluebonnet Palace — Mayor Carpenter will be playing along with the
Gary Glenn & the 20X Band. Band starts at 8:00 p.m.
• Saturday, June 15, 2013 — Schertz Community -Wide Rummage Sale, bake sale, raffle, and
silent Auction, Schertz Civic Center, 8:30 to 3:30 p.m. All proceeds go to victims of the
recent tornadoes near Oklahoma City. For more information please call Sherrie Sharp — 210-
886 -8408. There will also be a special booth to accept donations of pet food and supplies.
• Saturday, June 15, 2013 — 12a' Annual Wilenchik Memorial Doggie Dash starts at 8:00 a.m.
Pickrell Park.
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• Announcements and recognitions by City Manager (J. Kessel)
Mayor Carpenter recognized City Manager John Kessel who recognized Ms. Lesa Wood
who was promoted to Senior Planner. Mr. Kessel also recognized Mr. Larry Busch, Engineer
In Training who recently received his Certified Floodplain Managers Certificate.
Presentations
• Introduction of the FY 2013 -14 Sweetheart Court (D. Harris/E. Matlock)
Mayor Carpenter recognized Client Affairs Specialist Erin Matlock who introduced the
2013 -14 Schertz Sweetheart Court: Miss Schertz — Katie Gibbons, Miss Jubilee -- Sydney
Fischer, Miss Friendly — Ariel Villarreal — Schertz Sweetheart Court.
Executive Director of Support David Harris stated that later on the agenda Council will be
approving a resolution approving the Sweetheart Advisory Group which consists of the
following members: Mr. Steve White, Mr. Don Taylor, Ms. Carla Vetter, Ms. Jenifer
Anderson, Ms. Heather Dizon, Ms. Melba Erlanson, and Ms. Lindsey Musch. Mr. Harris
also recognized City Support Members: Ms. Mary Spence, Ms. Linda Ervin, Mr. Joe
Villarreal and himself, as well as Council Liaison David Scagliola.
Workshop
Presentation/discussion and direction regarding amendments to the Unified Development
Code (UDC) regarding Landmark Property designations and Historic Overlay Districts;
survey results of Coat of Arms Survey; and upcoming Landmark Property Designations. (B.
James/D. Weirtz)
Mayor Carpenter recognized Executive Director of Development Brian James and Chair of
the Historical Preservation Committee Dean Weirtz. Mr. James stated staff has been
working with the Schertz Historical Preservation Committee (SHPC) on two potential
changes to the Unified Development Code (UDC). The first is to change the nacre of the
historical Landmark Designation Program to Landmark Property Designation Program. The
second change would amend the UDC to provide criteria for a Historic Overlay District.
Mr. James provided the following information:
Proposed changes to the Unified Development Code CMQ
Staff has been working with the Schertz Historical Preservation Committee (SHPC) on two
potential changes to the UDC. The first, which was mentioned by Chairman Dean Weirtz,
involves changes to Section 21.4.9 Designation of Historic Landmarks, Creation of Historic
Districts and Certificates of Appropriateness. The City Council has been designating Historic
Landmarks based on the recommendation of the SHPC for some time. The program was
intended to recognize structures important the community's past, but was not intended to
trigger any additional regulations. Chapter 442 of the Government Code /Section 315.006 of
the Texas Local Government Code does impose additional regulations on structures and
properties designated as historic by a local government. This was not the intent of the City of
Schertz designation.
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It is recommended that the UDC be amended to alter the title of the designation to landmark
property with the stipulation that the property is not to be considered a "historic structure or
property" per section 315 of the Texas Local Government Code. Staff supports this
amendment to the UDC. The draft proposed amendment is attached as section 21.4.9.
The second change being proposed by the SHPC is to amend a number of sections of the
UDC to add provisions for a historic overlay district. The changes include criteria for
establishing the historic overlay district on properties as well as restrictions on alterations to
structures /property without first obtaining a certificate of appropriateness. Under the
proposed change, the SHPC shall review and approve or deny requests for certificates of
appropriateness. If they deny a request, the applicant may appeal to City Council. To be
clear, the changes being proposed at this time are to establish the regulations necessary to
create a historic overlay district, not to actually zone any property as such at this time. The
majority of the changes are to section 21.5.12 Historic Overlay District, but also include
changes to sections 21.5.9 and Article 16 Definitions.
The SHPC feels that having regulations for a historic overlay district is consistent with their
mission and critical to preserving historic properties in the City of Schertz. Staff has some
concerns creating the overlay district regulations at this time. While the changes do not
actually designate property, doing so in the future which will impose additional restrictions
on altering structures can be a contentious issue, especially among long time homeowners
who feel the City is overstepping their authority. Staff also feels additional training is
necessary for staff, commission members and the community to fully understand the basis for
considering alterations to historic structures.
Regarding the proposed Coat of Arms and previous discussions with Council staff created a
short online survey to gauge public opinion.
Coat of Arms Survey
The Schertz Historical Preservation Commission worked to develop a draft Coat of Arms
that was presented previously to the City (see attached). Staff conducted a web survey to
gauge public opinion with regard to the Coat of Arms. The majority of the approximately 100
respondents like the Coat of Arms and did not feel any elements needed to be added or
eliminated. The most comment suggestion for changes seemed to be that it was "too busy"
and that items should be eliminated, but there was not an overwhelming consensus as to what
to eliminate. As such staff and the commission chair feel the Coat of Arms should be adopted
as proposed and utilized for ceremonial purposes and will place an item on a future agenda to
establish it as the City's Coat of Arms.
The Schertz Historical Preservation Committee is recommending two properties be
designated as Landmark Properties upon adoption of the amendment to UDC mentioned
above. The first is the property at 509 Main Street — One Main Plaza Building (see attached).
The second is the property at 511 Main Street — the former Schertz State Bank Building (see
attached).
Council concurred with staff to change the name of the Historical Landmark Designation
Program to the Landmark Property Designation Program.
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Council and staff provided their comments and concerns regarding approving a proposed
Historic Overlay District and the effect this could impose on homeowners wanting to
improve their property. Council's biggest concern was the flooding issues in the area and
that this issue takes priority.
Council and staff discussed the proposed draft of the Coat of Arms. Staff will continue to
work on a final Coat of Arms and bring an item to Council in the future for approval.
Mayor Carpenter moved to the Hearing of Residents section of the agenda.
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.
Mayor Carpenter recognized the following citizens who spoke:
• Ms. Clare Layton, 12231 Lost Meadows Drive, who spoke on the proposed Coat of Arms.
Ms. Layton provided suggestions of utilizing the creativity of our local high schools art
departments to design a Coat of Arms, ask the students to submit their work. The winner
would receive a monetary prize, and a chance to have their artwork displayed in the City.
Ask the students to submit a design for the Coat of Arms, and Council would determine the
finalist. She also asked for women to be represented on the Coat of Arms.
• Mr. Grumpy Azzoz, 528 Wayward Pass, who requested Council consider an exclusive
contract with Bexar Waste and bring the item forward. Mr. Azzoz also requested better
language be provided on the agenda items so that the citizens can better understand what is
being considered. Mr. Azzoz addressed his concern as to why the City Manager and City
Attorney sit on the dais.
• Mr. Brad Bailey, Randolph Metrocom Chamber of Commerce, who spoke on the exciting
changes being made at the Chamber and to continue to provide information to the business
community to keep them involved. He stated it was a time to involve the local businesses,
promote economic development and tourism.
Workshop
• Presentation/discussion and direction regarding the City of Schertz Code of Ordinances,
Chapter 54 — Nuisances, Section 54- 22(b)(3) — Any sign, notice, pole, post, basketball goal,
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and any other obstructions placed or painted upon any sidewalk, street, or in any public right-
of-way within the corporate limits of the City. (J. Bierschwale/B. Todd)
Mayor Carpenter recognized Executive Director of Operations John Bierschwale who
introduced this item stating that this item is regarding complaints received regarding a
basketball goal in the street and kids playing in the street. The anonymous caller said her
house and vehicle had been hit by the basketball and she was tired of hearing it. She
complained to the HOA, but was told to call the City for compliance. It was found that this
address had previous violations for the same offense. In order to put this issue into the full
context, there are three separate issues that must be considered. The first relates to safety, the
second relates to nuisance, and the third relates to citizen enjoyment of their neighborhoods.
Ideally, the proper solution should not create a safety or nuisance concern while allowing all
citizens the greatest enjoyment of their neighborhoods. Staff discussed the Nuisance
Ordinance Section 54 -22 as it relates to any sign, notice, pole, post, basketball goal, and any
other obstruction placed or painted upon any sidewalk, street or in any public right-of-way
within the corporate limits of the City.
Council provided their comments and expressed concerns regarding the placement of
basketballs goal in the street. They discussed issues of safety, rights of property owners, and
the right of enjoyment of their neighborhoods. Council agreed this should not be included in
the Nuisance Ordinance. Council referred this item to the Traffic Safety Advisory
Commission for review, and to then bring their recommendations back to Council.
Presentation/discussion and possible action regarding the Water/Wastewater Rate Study and
Long -Term Financial Plan. (J. Bierschwale/S. Willoughby/Dan Jackson)
Mayor Carpenter recognized Mr. Dan Jackson with Economists.com provided a brief
PowerPoint reviewing our water and sewer rates and recommend a five -year rate schedule
based on projected water and sewer projects and maintenance expenses, including rate
increases from CCMA, SSLGC, and CVLGC. Included in this study was cost savings based
on benefits of selling water to SAWS. Mr. Jackson stated that he had briefed the Council on
April 16, 2013 regarding the City's Water/Wastewater Rate Study. Council asked for
additional information and rate scenarios to be brought back in June.
Mr. Jackson stated the City's goal is to have a 5 -year rate schedule that will result in a
balanced budget with minimal increases as allowed. He stated staff recommends Council
approve the 5 -year Water /Wastewater rate schedule as presented and add the new rates to the
FY 2013 -14 Fee Schedule.
Council provided their comments and expressed a concurrence to move forward with the
five -year plan as presented.
Mayor carpenter recognized Councilmember Scagliola who requested agenda item number two (2)
be removed from the consent agenda for separate action.
Consent Asenda Items
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
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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.
1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular
Meeting of June 4, 2013. (J. Kessel/B. Dennis) Recommend approval
3. Resolution No. 13 -R -46 — Consideration and/or action approving a Resolution authorizing
the appointment of the Schertz Sweetheart Advisory Group, and other matters in connection
therewith. (D. Harris/E, Matlock)
The following was read into record:
RESOLUTION NO. 13-R-46
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING THE APPOINTMENT OF THE SCHERTZ SWEETHEART
ADVISORY GROUP, AND OTHER MATTERS IN CONNECTION THEREWITH
4. Resolution No. 13 -R -47 — Consideration and/or action approving a Resolution authorizing
the revised By -laws of the Schertz Sweetheart Advisory Group, and other matters in
connection therewith. (D. Harris/E. Matlock)
The following was read into record:
RESOLUTION NO. 13 -R -47
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING THE REVISED BY -LAWS OF THE SCHERTZ SWEETHEART
ADVISORY GROUP, AND OTHER MATTERS IN CONNECTION THEREWITH
Mayor Carpenter recognized Mayor Pro -Tem Edwards, who moved, seconded by
Councilmember Fowler to approve the consent agenda items 1, 3, and 4. The vote was
unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Scagliola, and
Yerinder voting yes and no one voting no. Motion Carried
Discussion and Action Items
2. Resolution No. 13 -R -45 — Consideration and/or action approving a Resolution authorizing a
Professional Services Agreement with Ford Engineering, Inc., relating to Engineering,
Design, and Hydraulic Study for the Maske Road Waterline Project, and other matters in
connection therewith. (J. Bierschwale /S. Willoughby)
The following was read into record:
RESOLUTION NO. 13 -R -45
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH FORD
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ENGINEERING, INC., RELATING TO ENGINEERING, DESIGN, AND
HYDRAULIC STUDY FOR THE MASKE ROAD WATERLINE PROJECT, AND
OTHER MATTERS IN CONNECTION THEREWITH
Mayor Carpenter recognized Assistant Public Works Director Jimmy Hooks who stated the
City is in the process of constructing the Soccer Complex on Maske Road and no waterline
exists and the Complex requires water service. He also stated Public Works also needs to
extend a water line from the high pressure zone to the 20" water line that delivers water to
Universal City to improve the flow. Staff has determined that Ford Engineering is qualified
to provide the engineering and design services for the project in the amount of $65,905. The
cost break down of the project is as follows:
Budget Estimate
Engineering
$ 65,905
Construction
$600,000
Legal
$ 1,000
Advertising
$ 4,500
Other Prof. Services $ 5,000
Project Total
$676,405
Mayor Carpenter recognized Councilmember Scagliola, who moved, seconded by
Councilmember Fowler to approve Resolution No. 13 -R -45. The vote was unanimous with
Mayor Pro -Tem Edwards, Councilmembers Fowler, Scagliola, and Yerinder voting yes
and no one voting no. Motion Carrier.
5. -Resolution No. 13 -R -48 --- Consideration and/or action approving a Resolution authorizing
changes in the employee compensatory time policy as contained -in the City of Schertz
Employee Policy Handbook. (J. Kessel/J. Smith)
The following was read into record:
RESOLUTION NO. 13-R-48
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING CHANGES IN THE EMPLOYEE COMPENSATORY TIME
POLICY AS CONTAINED IN THE CITY OF SCHERTZ EMPLOYEE POLICY
HANDBOOK.
Mayor Carpenter recognized Human Resource Director Josh Smith who introduced this item,
stating that staff has performed their due diligence in ensuring the proposed changes to
personnel policy are appropriate through the following process:
1. Benchmark best practices of other municipalities in the South - Central Texas Region.
2. Solicit input from key stakeholders and Subject Matter Experts (SME's)
3. The development of an ad -hoc review committee consisting of individuals from
various departments to ensure the policies fit the unique needs, culture, and values of
the City of Schertz,
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4. Vet policies through other review committees consisting of:
Administrative Assistants, Department Heads, City Management, City Employment
Attorney, and finally the City Council.
Summary of changes included:
Compensatory Time (Comp Time) Policy
• Clarifies who is eligible
• Establishes accrual schedules for non - exempt employees
• Solidifies how comp time is carried over
• Communicates appropriate usage of comp time
• Communicates appropriate payouts for camp time
Mayor Carpenter recognized Mayor Pro -Tem Edwards, who moved, seconded by
Councilmember Scagliola, to approve Resolution No. 13 -R -48. The vote was unanimous
with Mayor Pro -Tem Edwards, Councilmembers Fowler, Scagliola, 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 the agenda
items 1 through S.
Requests and Announcements
6. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
No further announcements provided.
7. Requests by Mayor and Councilmembers that items be placed on a future City Council
agenda.
No items requested.
S. Requests by Mayor and Councilmembers to City Manager and Staff for information.
No information requested.
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
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Recognition of actions by community volunteers
Upcoming City Council agenda items
Mayor Carpenter recognized Mayor Pro -Tem Edwards who congratulated his son, Cedric Jr.
for graduating Magna Cum Laude and his appointment to the United States Military
Academy at West Point.
Mayor Carpenter recognized Councilmember Fowler who stated he attended the Employee
Picnic on Sunday. He thanked everyone involved.
Mayor Carpenter recognized Councilmember Scagliola who also stated he attended the
Employee Picnic on Sunday. He also stated that on Tuesday, June 11, 2013, he along with
others conducted interviews for the Deputy City Secretary Position.
Mayor Carpenter recognized Councilmember Verinder who stated last week he was able to
go out with the Executive Director of the Schertz- Seguin Local Government Corporation
doing field site visits and received valuable information on some of their programs.
Mayor Carpenter stated that we have a threat to our water system as an application has been
filed from Post Oak Clean Green, Inc., proposing a landfill. Mayor Carpenter stated that the
Northeast Partnership for Economic Development will be meeting on Thursday to pass a
resolution opposing the permit application.
Executive Session
Council did not meet in Executive Session
10. Take any action deemed necessary as a result of the Executive Session.
No action taken as Council did not meet
Adiournment
As there was no further business, the meeting was adjourned iyor, LMichacl
pent er
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City Secretary, Brenda Dennis
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