10-29-2013 MinutesNIIN UTES
REGULAR MEETING
October 29, 2013
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on October
29, 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 Carpenter
Councilmember George Antuna
Councihnember Sydney Verinder
Staff Present:
Executive Director John Bierschwale
Executive Director Brian James
City Attorney Katherine Tapley
Deputy City Secretary Donna Schmoekel
Councihnember David Scagliola was absent.
CALL TO ORDER:
Mayor Pro-Tem Jim Fowler
Councilmember Cedrlc Edwards
City Manager John Kessel
Executive Director David Harris
Chief of Staff Bob Cantu
City Secretary Brenda Dennis
Mayor Carpenter called the Regular Meeting to order at 6:01 p.m.
INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED
STATES AND THE STATE OF TEXAS.
Reverend Brett Becker, St. Paul Evangelical Church, Cibolo, Texas provided the invocation followed by
the Pledges of Allegiance to the Flags of the United States and the State of Texas.
Ci Events and Announcements
• Announcements of upcoming City Events (D. Harris/J. BierschwaleB. James)
Mayan Carpenter recognized Executive Director of Support David Harris who provided the
following announcements and upcoming events:
- Early Voting continues through Friday, November 1, 2013, see your County
Early Voting locations at www.schertz.com -click on election banner or call
City Secretary at 210-619-1030.
- Flags at Half Staff ordered by President Obama to honor the late House
Speaker Tom Foley.
- Thursday, October 31, 2013 -Dedication Ceremony of the Hal Baldwin
Memorial Plaza -- Hal Baldwin Municipal Complex - 11:00 a.m.
- Thursday, October 31, 2013 -- Trunk or Treat, Pickrell Park - G:00 p.m. to
$:00 p.m.
- Friday, November
~ _ Golf & Conferenc
1, 2013 -Hal Baldwin Golf Tournament -Olympia Hills
Center - 8:00 a.m, registration and 10:00 a.m. shotgun
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start. Registration information can be found on our website at
www.schertz.com
- Tuesday, November 5, 2013 -Election Day -Vote at your County Precinct
7:00 a.m. to 7:00 p.m.
- Thursday, November 14, 2013 - Communuity Volunteer Banquet & Steve
Simonson Award -Schertz Civic Center 6:30 p.m. Please RSVP to 619-1030.
Mayor Carpenter recognized Counciltriember Verinder who announced he would be unable
to attend the Hal Baldwin Golf Tournament this coming Friday. He also apologized for not
attending several City events for the past two months. He shared that his adult daughter Amy
was recently diagnosed with an aggressive form of breast cancer and has been undergoing a
couple of surgeries to stop its progress. She will now begin a five to six month
chemotherapy treatment. He asked that everyone keep her in their thoughts and prayers.
• Announcements and recognitions by City Manager {J. Kessel)
Mayor Carpenter recognized City Manager Sohn Kessel who stated that he received a nice
note from the Chief Medical Officer for the Baptist Medical ,Systems of which the local
Schertz Baptist Emerus Hospital is a part o£ A 72 year old resident was transported to the
emergency room a few weeks ago and because of the `exceptional clinical staff of
emergency personnel on duty that day, the patient only had to spend 14 minutes in the
emergency room.. The three EMS employees were Kenneth Seidel, Stephen Darnell, and
Kellie Scurlock.
The second kudos to share came from Ron Woods, Chairman of the Facilities Committee at
Scenic HiII Community Association up by Northcliffe. They needed assistance in regard to
same issues with their private streets. Private streets are not subject to City maintenance but
members of City staff assisted them with information on what they needed to do. The
individuals named were Sam Willoughby, Jimmy Hooks, Doug Letbetter, Robert Martinez,
and Mike Colombo (Public Works), Larry Busch {Engineering), and Tom Eaton (Marshal
Services-Code Enforcement). Staffwas helpful and a credit to the Schertz team.
Hearing of Residents:
This time is set aside for any person who wishes to address the City Council. Each person should f lI
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 existingpolicy in response to an
inquiry, and/or a proposal to place the item on a future agenda. The presiding offcer, 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.
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Mayor Carpenter recognized the following who spoke:
Mr, Grumpy Azzoz, 528 Wayward Pass, who spoke regarding the recent newspaper
articles regarding the community swimming pool project. He stated he has received
emails from concerned citizens who read these articles that have concerns that the
pool is not being built for the community but for the school district. Mr. Azzoz stated
the he could forward the emails from the voters for the Council to answer. He feels
the City should provide clarification to the residents.
Ms. Monica Espinoza, 9562 Aranda Lane, who provided her idea of installing mare
street lights, possibly lamp lights to provide a more eloquent appearance in the City,
Mr. Freddie Nickson, 3608 Woodlawn Farms, who spoke on concerns of the Face of
our Town, in particular to our Police Officers hiding out on various roads, sometimes
in unmarked cars, shooting radar equipment tracking cars coming dawn FM 1518 and
Schertz Parkway. Citizens are coming home from work and then have to worry
about fighting traffic and the police officers pulling you over in your own town.
Consent Agenda Items
Minutes -Consideration and/or action regarding the approval of the minutes of the Regular
meeting of October 22, 201.3. (J. Kessel/B. Dennis}
2. Ordinance No. 13-5-47 - ZC2013-011 -- Consideration and or action approving an ordinance
on a request by Keith Sanders to rezone approximately 7.57 acres of land from General
Business (GB) to General Business -- 2 (GB-2). The property is more specif tally described as
a portion of Lot 2R, Block 1 of the Sanders Subdivision, City of Schertz; Guadalupe County,
Texas and located at 200 FM 3009. Final Reading (B. James/L Wood)
The following was read into record:
ORDINANCE NO, 13-5-47
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE OFFICIAL ZONING MAP ORDINANCE NO. 11-5-15 BY
REZONING APPROXIMATELY 7.57 +/- ACRES OF LAND FROM GENERAL
BUSINESS (GB) TO GENERAL BUSINESS DISTRICT - 2 (GB-2). THE
PROPERTY IS MORE SPECIFICALLY DESCRIBED AS A PORTION OF LOT 2R,
BLOCK 1 OF THE SANDERS SUBDIVISION, CITY OF SCHERTZ; GUADALUPE
COUNTY, TEXAS AND LOCATED AT 200 FM 3009; AND OTHER MATTERS IN
CONNECTION THEREWITH AND PROVIDING AN EFFECTIVE DATE,
3. Ordinance No. 13-5-48 - SUP2013-002 -Consideration and or action as requested by Keith
Sanders. for a Specific Use Permit to allow RV Storage & Mini-Warehouse/Public Storage on
approximately 7.57 acres of land, The property is more specifically described as a portion of
Lot 2R, Block 1 of the Sanders Subdivision, City of Schertz; Guadalupe County, Texas and
located at 200 FM 3009. Final Reading (B. JameslL. Wood)
The following was read into record:
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ORDINANCE NO. 13-5-48
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE UNIFIED DEVELOPMENT CODE {UDC) ORDINANCE NO. 11-
5-15 BY GRANTING A SPECIFIC U5E PERMIT FOR APPROXIMATELY 7.57
ACRES OF LAND. THE PROPERTY IS MORE SPECIFICALLY DESCRIBED AS
A PORTION OF LOT 2R, BLOCK 1 OF THE SANDERS SUBDIVISION, CITY OF
SCHERTZ; GUADALUPE COUNTY, TEXAS AND LOCATED AT 200 FM 3009;
AND OTHER MATTERS IN CONNECTION THEREWITH AND PROVIDING AN
EFFECTIVE DATE.
4. Ordinance No. 13-5-49 - ZC2013-013 -Consideration and or action as requested by
Petroleum Wholesale to rezone approximately 3.99 acres of land from Predevelopment
District (PRE) to General Business - 2 {GB-2). The property is more specifically described
as Lot 11, Block 200 of the M & W Travel Subdivision; Bexar County, Texas and located at
14425 IH 10 East. Final Reading {B. James/L. Wood)
The following was read into record:
ORDINANCE NO. 13-5-49
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE OFFICIAL ZONING MAP ORDINANCE NO. 11-5-15 BY
REZONING APPROXIMATELY 3.99 +/- ACRES OF LAND FROM
PREDEVELOPMENT (PRE) TO GENERAL BUSINESS (GB}. THE PROPERTY IS
MORE SPECIFICALLY DESCRIBED AS LOT 11, BLOCK 200 OF THEM & W
TRAVEL SUBDIVISION; BEXAR COUNTY, TEXAS AND LOCATED AT 14425 IH
10 EAST; AND OTHER MATTERS IN CONNECTION THEREWITH AND
PROVIDING AN EFFECTIVE DATE.
5: Ordinance No. 13-5-50 - 5UP2013-003 -Consideration and or action as request by
Petroleum Wholesale for a Specific Use Permit to allow a convenience store with gas pumps
on approximately 3.99 acres of land from Predevelopment District (PRE) to General
Business - 2 (GB-2). The property is more specifically described as Lot 11, Black 200 of the
M & W Travel Subdivision; Bexar County, Texas and located at 14425 IH 10 East. Final
Reading {B. JameslL. Wood)
The following was read into record:
ORDINANCE NO. 13-5-50
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE UNIFIED DEVELOPMENT CODE {UDC) ORDINANCE NO. 11-
5-15 BY GRANTING A SPECIFIC USE PERMIT FOR APPROXIMATELY 3.99
ACRES OF LAND. THE PROPERTY IS MORE SPECIFICALLY DESCRIBED A5
LOT 11, BLOCK 200 OF THEM & W TRAVEL SUBDIVISION; BEXAR COUNTY,
TEXAS AND LOCATED AT 14425 II3 10 EAST; AND OTHER MATTERS IN.
CONNECTION THEREWITH AND PROVIDING AN EFFECTIVE DATE. ~ _
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6. Resolution No. 13-R-92 -Consideration and/or action approving a Resolution authorizing
grant acceptance of $75,000.00 from the FY2013 Homeland Security Grant Program, which
is to be utilized for technological improvements of the Computer Aided Dispatch and Report
Management Systems, and other matters in connection therewith. (J. Bierschwale/M.
Hansen)
The following was read into record:
RESOLUTION NO. 13-R-92
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING GRANT ACCEPTANCE, AND OTHER MATTERS IN
CONNECTION THEREWITH
Mayor Carpenter recognized Councilmember Edwards, who moved, seconded by Mayor Pro-
Tem Fowler, to approve the Consent Agenda items 1 through 6. The vote was unanimous
with Mayor Pro-Tem Fowler, Councilmembers Antuna, Edwards, and Yerinder voting yes
and no one voting no. Motion_Carried.
Discussion and Action Items
7. AppointmentslReappointments and Resignations to City Boards, Commissions, .
Committees -Consideration and/or action regarding appointments/reappointments and
resignations to City Boards, Commissions, and Committees. (J. Kessel/B. Dennis)
• Appointment of John Cook - Regular Member, Transportation Safety Advisory
Commission
Appointment of Terry Welch -Alternate No. 1 Member, Transportation Safety
Advisory Commission
Mayor Carpenter stated action requested this evening is to move Mr. Sohn Cook from
Alternate No. 1 to the vacant Regular position and appoint Mr. Tezxy Welch to the vacant
Altemate No. 1 position. Mayor Carpenter recognized Mr. Cook who was in the audience
this evening and stated that Mr. Welch was unable to attend this evening as he was called out
on business.
Mayor Carpenter recognized Mayor Pro-Tem Fowler, who moved, seconded by
Councilmember Antuna, to ratify the appointment of Mr. John Cook as a regular member and
Mr. Terry Welch as Alternate No: 1 to the Transportation Safety Advisory Board. The vote
was unanimous with Mayor Pro-Tem Fowler, Councilmembers Antuna, Edwards, and
Yerinder voting yes and no one voting no. Motion Carried.
8. Ordinance No. 13-T-55 -Consideration and/or action approving an Ordinance authorizing a
Budget Adjustment to fund additional lighting for the Maske Road Soccer Complex;
repealing all Ordinances or parts of Ordinances in Conflict with this Ordinance; and
providing an effective date. First Reading (B. James/P. Gaudreau)
The following was read into record:
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ORDINANCE NO. 13-T-55
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A BUDGET ADJUSTMENT TO FUND ADDITIONAL LIGHTING
FOR THE MASKS ROAD SOCCER COMPLEX; REPEALING ALL ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND
PROVIDING AN EFFECTIVE DATE
Mayor Carpenter recognized Owner's Representative Phil Gaudreau who introduced this
item and answered questions from Council. Mr. Gaudreau stated that the Maske Road
Soccer Complex renovations were approved in a bond proposition package put before voters
in November 2010. The Bond requirements are to renovate the existing fields and add hard
surfaced parking, toilet facilities, and a concession area. There is not currently any field
lighting included in the Contract because of a lack of available funds. Public Works is going
to construct the waterline along Maske Road which allowed for a modification of the scope
of the contractors work. This has resulted in the cantractox issuing a credit of approximately
$100,000 which City Staff intends to use to light Field #10, the field closest to a new parking
lot and concession building. It is the recommendation of City staff to also provide lighting for
field #9 funded by $115,000 of restricted Hotel Tax reserves. Hotel Tax revenues must be
used to promote travel to Schertz and can be used to make improvements to sport facilities.
The lighting cost for field #9 is somewhat more expensive due to the distance the
infrastructure has to be extended.
Staff recommends Council approve the Budget Adjustment of $115,000 authorizing the use
of Hotel Tax reserves for additional lighting in the Maske Road Soccer Complex renovation
bond project. Funds would be allocated fiam the Hotel Tax Fund reserves ,which are
estimated to be at $532,000 at the end of Septembeir 30, 2013. After the transfer of funds to
the project the balance is estimated to be $417,000.
Action requested of Council is to approve Ordinance No. 13-T-55 on first reading approving
the Budget Adjustment of $115,000 and authorizing the use of Hotel Tax reserves for
additional Iighting in the Maske Road Soccer Complex renovation bond project. Staff
recommends approval.
Mr. Gaudreau stated there are three options that we have fox Council to provide us with
direction on and that is:
A. Keep the credit from contractor and don't spend anything.
B. Apply it towards lighting one field.
C. Additional funds plus contractor credit to light two fields.
Mayor Carpenter recognized Councilmember Edwards who asked if the light can be divided
and set higher to shine down on bath fields. Mr. Gaudreau stated the lighting suppliers have
computer designed the light and it is satellite aimed.
Mayor Carpenter recognzed Councilmember Antuna who was concerned about interference
with military night maneuvers. Mr. Gaudreau stated these lights came with covered hoods to
1) prevent broadcasting vertical light and 2) to focus the light directly on the playing fields.
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Mayor Carpenter recognized Mayor Pxo-Tem Fowler who asked where the additional funds
would be coming from. Mr. Gaudreau answered it would come from the Hotel Occupancy
Tax.
Mayor Carpenter recognized Councihnember Edwards, who moved, seconded by Verinder,
to approve Ordinance No. 13-T-55 first reading with the change in lighting of the two (2)
fields. The vote was unanimous with Mayor Pro-Tem Fowler, Councidmembers Antuna,
Edwards, and Verinder voting yes and no one voting no. Motion Carried.
9. Resolution No. 13-R-93 -Consideration andlor action approving a Resolution authorizing
changes to the City's Bereavement policy as contained in the City of Schertz Employee
Policy Handbook and the creation of the Employee Classification Policy to be added to the
Employee Policy Handbook. (J. Kessel/B. Cantu/J. Smith)
The following was read into record:
RESOLUTION NO. 13-R 93
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING CHANGES TO THE CITY'S BEREAVMENT POLICY AS
CONTAINED IN THE CITY OF SCHERTZ EMPLOYEE POLICY HANDBOOK
AND THE CREATION OF THE EMPLOYEE CLASSIFICATION POLICY TO BE
ADDED TO THE EMPLOYEE POLICY HANDBOOK.
Mayor Carpenter recognized Human Resource Director Josh Smith who introduced this item
and answered questions from Council. Mr. Smith stated that the employee policy handbook
was last updated in May 2008. Staff has performed their due diligence in ensuring the
proposed changes to personnel policy are appropriate through the following process:
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 coziunittee consisting of individuals
from various departments to ensure the policies fit the unique needs, culture,
and values of the City of Schertz.
4. Vet policies through other review committees consisting of:
a. Administrative Assistants (Gatekeepers)
b. Department Heads
c. City Management
d. City Employment Attorney
City Council
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Action requested of Council is to approve Resolution No. 13-R-93 authorizing the following
changes to the Classification f Employment Policy and Bereavement Policy:
Classification of Employment Policy
• Provides defmitions for various types of employment in order to provide uniformity
and equity in applying policies and benefits.
• Outlines terms of employment and benefits eligibility
Bereavement Policy
• Outlines procedures in regard to the use of bereavement leave
• Clarifies which employees are eligible for bereavement•and under what conditions
• Provides appropriate uses for bereavement leave
• Discusses appropriate payment, notification, and documentation for bereavement leave
Staff recommends approval.
Mayox Carpenter xecognized Mayox Pro-Tem Fowler, who rrxoved, seconded by
CounciLmember Edwards, to approve Resolution 13-R-93. The vote was unanimous with
Mayor Pro-Tem Fowler, Councilmemhers Antuna, Edwards, and Yerinder voting yes and
no one voting no. Motion Carried.
Roll Call Vote Confirmation
Mayor Carpenter recognized Deputy City Secretary Donna Schmoekel who recapped the votes for
agenda items 1 through 9.
Mayor Carpenter recessed the regular meeting into executive session at 6:37 p.m.
Executive Session
Called under:
Section 551.071 Texas Government Code Deliberation regarding litigation, pending or
contemplated litigation; and Consultations with the City Attorney regarding advice on legal
matters;
Section 551A72 Texas Government Code -Deliberation regarding the purchase, eacchange,
sale, lease, ar 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;
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Section SS1~.074 Texas Government Code -Deliberation regarding personnel matters and the
appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City
Attorney.
Reconvene into Regular Session
Mayor Carpenter reconvened into regular session at 11:46 p.m.
14. Take any action deemed necessary as a result of the Executive Session.
No action taken.
Requests and Announcements
10. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
Na further announcemen#s provided.
11. Requests by Mayor and Cauncilmembers that items be placed on a future City Council
agenda.
No items requested.
12. Requests by Mayor and Councihnembers to City Manager and Staff for information.
Mayor Carpenter recognized Cauncilmember Edwards who stated it's time to set the dates
for the next strategic planning sessions. City Manager John Kessel stated that a calendar is
being developed for the next four months. He stated that it included team building, basic disc
exercises, a review of last year's 5 year goals, and development of new vision statements.
These are scheduled for December 5, 6, and i3, 2013. Also, he recommended.a decision be
made on whether to cancel City Council meetings during the week of Thanksgiving,
Tuesday, November 26, Christmas Eve, Tuesday, December 24'x' and New Years Eve,
Tuesday, December 31 2013.
13. Announcements by Mayor and Councilmembers
• City and community events attended and to be attended
• City Council Committee and Liaison Assignments {see assignments below)
• Continuing education events attended and to be attended
• Recognition of actions by City employees
• Recognition of actions by community volunteers
• Upcoming Gity Council agenda items
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Mayor Carpenter recognized Mayor Pro-Tem Fowler who stated he attended the following;
• Monday, October 2S, 2013, Parks, Recreation and Community Services meeting. He
stated the major discussion was regarding the upcoming Parks Master Plan
Mayor Carpenter recognized Councihnember Verinder who stated he attended the following:
• Friday, October 25, 2013 Gunn Buick GMC Ribbon Cutting on IH 35
Adiournment
As there was no further business, the meeting was adjourned at l.l: 57 .
May r, Michael R. Carpenter
T:
ity Secretary, Brenda Dennis
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