01-06-2015 MinutesMINUTES
REGULAR MEETING
January 6, 2015
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
January 6, 2015, at 6:00 p.m., in the Hal Baldwin Municipal Complex Council Chamb6rs, 1400
Schertz Parkway, Building #4, Schertz, Texas. The following members present to -wit:
Mayor Michael Carpenter
Councilmember Jim Fowler
Councilmember Cedric Edwards
Staff Present:
Deputy City Manager John Bierschwale
City Attorney Charles Zech
Call to Order
Mayor Pro -Tern Daryl John
Councilmember Grumpy Azzoz
Councilmember Robin Thompson
City Manager John Kessel
Executive Director Brian James
Deputy City Secretary Donna Schmoekel
Mayor Carpenter called the meeting to order at 6:01 p.m.
Invocation and Pledges of Allegiance to the Flags of the United States and the State of
Texas ( Councilmember Thompson)
Councilmember Thompson provided 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 (J. Bierschwale/B. James)
Director of Development Services Brian James provided the following information:
• Monday, January 12, Ribbon Cutting w /Color Clay Studio, 17327 IH 35 N, Suite
#202, 3:00 p.m. welcome our newest art studio.
• Thursday, January 15, Chamber After Hours Mixer (hosted by All Battery Center),
8143 Agora Pkwy, Ste. #125, Selma, TX; 5:30 -7:00 p.m.
• Saturday, January 17, 5"' Annual Selma/Schertz 5K Run (Salute to Service
Members ) — starts at 9:00 a.m. at Blue Bonnet Palace.
• Tuesday, January 20, Chamber Monthly Luncheon, Schertz Civic Center, 11:30-
1:00 p.m. Presentation: 2014 in Review & Updates for the 2015 year.
• Announcements and recognitions by City Manager (J. Kessel)
Mayor Carpenter recognized City Manager John Kessel who thanked staff who worked
over the holidays. He also thanked Business Office Assistant Manager Rodolfo Rosales
who assisted a resident and initiated a payment plan to assist them with the bill.
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Hearing of Residents
• Mr. Robert Brockman, 1000 Elbel Road, who addressed Council regarding the ball field
restrooms that need attention. He also addressed Council regarding the price of oil and
what about paving materials for our roads?
• Mr. David Richmond, 2421 Bent Tree Drive, who addressed Council regarding the
warning signs on IH 35 regarding the recently enforced texting ban. He stated that he
would like to see our City follow San Antonio's lead in this area.
Workshop
• Discussion and/or possible action regarding the City Council's Code of Conduct and
Procedure, and Code of Ethics. (Mayor /Council)
Mayor Carpenter recognized Councilmember Edwards who stated he felt that the
Councilmembers should all sign their names to the Code of Ethics because it would give
the document more weight. Mayor Carpenter then asked for this workshop item to be put
on the agenda for the next meeting and if they could be furnished a signature page, then
this matter could be taken care of.
A discussion followed with City Attorney Charles Zech who explained the way the
current city charter reads regarding voting and abstentions. It takes a vote of three to take
any action. When an individual abstains, this actually acts as a `no' vote; the reason for
that is it counts toward the quorum for the purposes of a vote. He further clarified that
three votes of `yes' would be for guy action and not just limited to ordinances and/or
resolutions. According to the Texas Local Government Code law, when you have an
actual conflict of interest, you are required to file a disclosure statement and abstain from
voting. Under Roberts Rules and under case law when that occurs you are not counted
toward the quorum for the purposes of the vote. This doesn't help the City of Schertz
because of the charter provisions that say it takes three (yes) votes for action to be taken.
He plans on bringing this topic up at the next Charter Review Commission meeting for
discussion. He will also bring up a `disaster clause' issue with the commission. A
number of other things also need to be addressed surrounding how to interpret and handle
abstaining votes, tie votes, motions, seconds, and other unique situations. Council
continued to discuss several different possible scenarios with the City Attorney.
Mayor Carpenter recognized Councilmember Thompson who moved, seconded by
Councilmember Edwards to authorize City Attorney Charles Zech and City Staff to
outline some steps for handling abstaining votes along with recommendations for council
to consider. The vote was unanimous with Mayor Pro -Tem John, Councilmembers
Fowler, Azzoz, Edwards, and Thompson voting yes and no one voting no. Motion
passed.
Consent Agenda Items
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1. Minutes - Consideration and/or action regarding the approval of the minutes of the
Regular Meeting.of December 16, 2014. (J. KesselB. Dennis)
2. Ordinance No. 14 -S -50 — Consideration and/or action on a request to rezone
approximately 2 acres of land from Predevelopment District (PRE) to Single Family
Residential/ Agriculture District (RA). The property is more specifically described as a
tract of land out of the Julian Diaz Survey No. 66, Abstract No. 187, City of Schertz,
Bexar County, Texas; generally located eight hundred and fifty feet (850') east of the
intersection of FM 1518 and Lower Seguin Road. (Final Reading) (B. James/B. Cox)
The following was read into record:
ORDINANCE NO. 14 -S -50
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AMENDING THE OFFICIAL ZONING MAP BY ZONING
APPROXIMATELY 2 ACRES OF LAND FROM PREDEVELOPMENT
DISTRICT (PRE) TO SINGLE FAMILY RESIDENTIAL /AGRICULTURE (RA).
Mayor Carpenter recognized Councilmember Fowler who moved, seconded by
Councilmember Azzoz to approve consent items 1 and 2. The vote was unanimous with
Mayor Pro -Tern John, Councilmembers Fowler, Azzoz, Edwards, and Thompson
voting yes and no one voting no. Motion passed.
Discussion and Action Item
3. Resolution No. 15 -R -01 — Consideration and /or action approving a Resolution
authorizing a modification to the existing Construction Contract for the Renovation of the
Existing Soccer Fields and Construction of a New Concession building and Parking Lots
and Associated Support Systems. (J. Kessel/B. James/ P. Gaudreau)
The following was read into record:
RESOLUTION NO. 15 -R -01
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING A MODIFICATION TO THE EXISTING
CONSTRUCTION CONTRACT FOR THE RENOVATION OF THE EXISTING
SOCCER FIELDS AND CONSTRUCTION OF A NEW CONCESSION
BUILDING AND PARKING LOTS AND ASSOCIATED SUPPORT SYSTEMS
AND OTHER MATTERS IN CONNECTION THEREWITH
Mayor Carpenter recognized Owners Representative Phil Gaudreau who introduced this
item stating action requested of Council is to modify the existing contract with Alpha
Building Corporation to increase the contract amount from $3,648,202.87 to
$3,684,979.87, plus a City controlled contingency of $10,000.00, bringing the not -to-
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exceed amount to $3,694,979.87. In the initial contract negotiations the installation of
landscape irrigation systems between the various playing fields was priced separately as
"Add Alternate Bid #8" in the Bid Documents and was not accepted.
Reasons for contract modifications is the initial dollar value associated with the
installation of these irrigation systems was $90,107.00 and a decision was made to not
accept Bid Alternate #8 due to budget concerns at that time.
During the course of construction the systems were installed by the sub - contractor by
accident. Initially the sub - contractor requested an amount of $89,000.00 or he could just
remove the installed systems. During the next several weeks of negotiations a final cost
of $34,500.00 was agreed to by all parties. This amount is subject to the General
Contractor's profit and Bond increase based on the agreed amount. Fiscal Impact — funds
for this will be from the 2010 Bond for the Athletic Fields. Staff Recommends approval
of Resolution No. 15-R-0 1.
Mayor Carpenter recognized Councilmember Edwards who moved, seconded by
Councilmember Fowler to approve Resolution No. 15 -R -01. The vote was unanimous
with Mayor Pro -Tern John, Councilmembers Fowler, Azzoz, Edwards, and
Thompson voting yes and no one voting no. Motion passed.
4. Ordinance No. 15 -A -01 - Annexation - Conduct a Public Hearing to consider and
discuss a petition by Cibolo Creek Municipal Authority, for voluntary annexation for
approximately 69.111 acres, located on Trainer Hale Road, approximately 1500 feet
north of I -10, all in Bexar County Texas, located at 7720 Trainer Hale Road. (First
Reading Hearing) (B. James /L. Wood)
The following was read into record:
ORDINANCE NO. 15 -A -01
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, PROVIDING FOR THE EXTENSION OF THE BOUNDARY LINES OF
THE CITY OF SCHERTZ, TEXAS BY THE ANNEXATION OF
APPROXIMATELY 69.111 ACRES LOCATED ON TRAINER HALE ROAD,
APPROXIMATELY 1500 FEET NORTH OF 1 -10, BEXAR COUNTY, TEXAS.
Mayor Carpenter recognized Senior Planner Lesa Wood who introduced this item stating
that in 2010 the City of San Antonio released 3,486 acres of its Extraterritorial
Jurisdiction (ETJ) to the City of Schertz. City Council accepted the area into the City of
Schertz ETJ and started the annexation proceedings. As part of the annexation
proceedings a majority of the parcels located within the released area signed delayed
annexation development agreements with the City in accordance with Texas Local
Government Code (LGC) Section 43.035 and 212.172. The subject property has an
executed delayed annexation development agreement with the City of Schertz.
Cibolo Creek Municipal Authority has submitted a petition for voluntary annexation to
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the City of Schertz for a 69.111 acre tract of land. The subject property is located
approximately 1500 feet north of I -10 and is located in Bexar County Texas, located at
7720 Trainer Hale Road. Currently, the subject properly is located in the Extraterritorial
Jurisdiction (ETJ) of the City of Schertz and located in the Schertz - Cibolo - Universal
Independent School District.
In accordance with Texas Local Government Code (LGC), the City Council conducted
two (2) public hearings regarding a voluntary petition for annexation on December 9,
2014 and December 16, 2014 at the regular City Council meetings. Public hearing
notices were published in "The Daily Commercial Recorder" on November 26, 2014 and
the "Herald" on December 3, 2014 for the two required public hearings. This is the first
reading regarding of the ordinance regarding the petition for annexation.
The subject property, if annexed, is being considered concurrently with the associated
zoning request (ZC2014 -014). The zoning request will encompass the same land
contained within the annexation petition. The applicant has requested to zone the subject
property Public Use District (PUB) which is intended to identify and provide for land
owned or may be owned by the City, County, State or Federal Government or the School
District; land that has been dedicated to the City for public use such as parks and
recreation, and land designated and dedicated to the City as a greenbelt. On November
19, 2014 the Planning and Zoning Commission recommended that the property be zoned
Public Use District (PUB). Cibolo Creek Municipal Authority is requesting voluntary
annexation into the City of Schertz because of their desire to be located within the
Schertz city limits.
Mayor Carpenter opened the public hearing and as no one spoke, closed the public
hearing for Council comments.
Mayor Carpenter recognized Councilmember Edwards who moved, seconded by
Councilmember Thompson to approve Ordinance No. 15 -A -01 first reading. The vote
was unanimous with Mayor Pro -Tem John, Councilmembers Fowler, Azzoz,
Edwards, and Thompson voting yes and no one voting no. Motion passed.
5. Ordinance No. 15 -S -02 — Conduct a Public Hearing and consideration and/or action
approving an Ordinance on a request to zone approximately 70 acres of land to Public
Use District (PUB). The property is more specifically described as a portion of the E.
Gotari Survey No. 2, Abstract No. 5, County Block 5193, Bexar County Texas; located at
7720 Trainer Hale Road. (First Reading) (B. James /L. Wood)
The following was read into record:
ORDINANCE NO. 15 -S -02
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AMENDING THE OFFICIAL ZONING MAP BY ZONING
APPROXIMATELY 69.111 ACRE TRACT OF LAND TO PUBLIC USE
DISTRICT (PUB).
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Mayor Carpenter recognized Senior Planner Lesa Wood who introduced this item stating
the applicant is requesting to zone approximately 70 acres of land generally located at
7720 Trainer Hale Road approximately 1500 feet north of Interstate 10 to Public Use
District (PUB).
Public Use District (PUB) is intended to identify and provide for land owned or may be
owned by the City, County, State or Federal Government or the School District; land that
has been dedicated to the City for public use such as parks and recreation, and land
designated and dedicated to the City as a greenbelt.
The subject property is currently located in the Extra Territorial Jurisdiction (ETJ) of the
City of Schertz and is owned by Cibolo Creek Municipal Authority who has indicated
their desire to voluntary annex the property and develop a municipal wastewater
treatment plant at this location.
The public hearing notice was published in "The Daily Commercial Recorder" on
December 17, 2014 and the "Herald" on December 24, 2014. Sixteen (16) public hearing
notices were mailed to surrounding property owners within two hundred (200) feet of the
subject property on November 7, 2014.
Staff received a total of nine (9) responses on the Notice of Public Hearing reply form
including:
• one (1) response in favor of the request;
• one (1) response with a comment only;
• one (1) response from a Cibolo resident opposed; and
• six (6) responses opposed to the request.
Comments received on the Notice of Public Hearing Response reply form are as follows:
• Lana Schmidt, 14678 Schmidt Craft Lane (Opposed) "Destroys my property
value (sewer plant)"
• William Wheelis, 7783 Trainer Hale Road (Opposed) "I believe it will lower the
value of my property."
• Geraldine Z. Scheel, 7414 Trainer Hale Road (Opposed) "I own property at 7424
Trainer Hale, it should be crystal clear why I oppose."
• Jeanne Rawe, 7993 Trainer Hale Road (Opposed) No comments.
• Betty Schmidt, 8180 Trainer Hale Road (Opposed) "Opposed bright lights and
foul odors produced by proposed facility"
• Craig Moore, 7703 Trainer Hale Road (Opposed) "I'll be attending the public
hearing."
• Gerald Cutshall, 13782 Dusty Field "Won't know until after the public hearing."
• Joe Vrana, 13915 Dusty Fields (Favor) No comments.
Comments received at the November 19, 2014 Planning and Zoning Commission public
hearing:
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• Lana Schmidt, 14678 Schmidt -Craft Ln., spoke on odor, noise and property
values.
• Gerri Scheel, 7424 Trainer Hale Rd., spoke on her property and realignment of
FM3 009.
• Lea Luensmann, 8447 Trainer Hale Rd., spoke on her property values and noise.
• Craig Moore, 7703 Trainer Hale Rd., spoke on site, smell, roads handling this
project and opposition.
• Mike Hunter, 7681 Trainer Hale Rd., spoke on widening the roads and
opposition.
• Roger Scott, 14546 Schmidt -Craft Ln., spoke on notices not sent to him, make
sure that this is put in correctly and land will be devalued.
Staff reviewed the request for conformance with the Comprehensive Land Plan and the
Future Land Use Plan (FLUP). The FLUP designates the subject property for
Agricultural Residential which is intended to preserve the rural/agriculture state to
include large lot residential and some related commercial uses permitted such as:
landscaping business, metal workshop, farmers market, convenience store, etc.
Mayor Carpenter opened the public hearing and as no one spoke, closed the public
hearing for Council comments.
Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by
Councilmember Fowler to approve Ordinance No. 15 -S -02 first reading. The vote was
unanimous with Mayor Pro -Tem John, Councilmembers Fowler, Azzoz, Edwards,
and Thompson voting yes and no one voting no. passed.
6. Ordinance No. 15 -T -03 — Consideration and/or action approving an Ordinance
authorizing a budget adjustment to the PEG Fund and to the Water Fund to fund Phase
One of the Master Communications Plan, Improvements to the City Network
Infrastructure. (First Reading) (B. James/M. Clauser)
The following was read into record:
ORDINANCE NO. 15 -T -03
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO THE PEG FUND AND
TO THE WATER FUND TO FUND PHASE ONE OF THE MASTER
COMMUNICATIONS PLAN - IMPROVEMENTS TO THE CITY NETWORK
INFRASTRUCTURE; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING
AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY.
Mayor Carpenter recognized IT Director Myles Clauser who introduced this item stating
that in June 2012 the City Council approved Resolution 12 -R -57 approving the proposed
Master Communications Plan. This plan offers a roadmap for creating a City -Wide
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network infrastructure using both fiber optic and wireless networking technologies. The
Master Communications Plan was devised to support field personnel, upgrade
communications channels to City facilities, improve Public Safety operations, and
provide network communications and infrastructure for a planned public access channel
designed to improve communications and encourage citizen engagement.
Staff has completed engineering and planning for the proposed network and is preparing
the RFP for Phase One. This phase will provide fiber optic connectivity from City Hall to
the City -owned facility located at the Live Oak water tower, and must be completed
before implementing subsequent phases. Staff seeks Council approval to utilize $20,000
from the PEG (Public, Educational, Government) fund and $20,000 from the Water
Department fund in order to implement Phase One. The Staff recommends approval of
the budget adjustment for Fiscal Year 2014 -15.
Approve budget adjustments in the amount of $40,000 to provide funding for Phase One
of the City of Schertz Master Communications Plan. This ordinance will amend the FY
2014 -15 Budget to allow use of the funds. These funds are already in place and no
additional funding is anticipated. Staff recommends City Council approve the budget
adjustment Ordinance No. 15 -T -03 on first reading. Mr. Clauser addressed questions
from Council.
Mayor Carpenter recognized Councilmember Edwards who moved, seconded by
Councilmember Fowler to approve Ordinance No. 15 -T -03 first reading. The vote was
unanimous with Mayor Pro -Tent John, Councilmembers Fowler, Azzoz, Edwards,
and Thompson voting yes and no one voting no. Motion passed.
7. Employee Compensation — Discussion and possible action regarding the City's
Employee Compensation Plan. (J. Kessel/Council)
Mayor Carpenter recognized Councilmember Azzoz who stated the he has had
discussions with some city employees as well as with other cities over the holidays. He
asked them similar questions as to when the last time was that they conducted salary
surveys and compensation studies. He asked questions regarding comparisons and their
benefit packages. He stated that something came to light when speaking to those groups
and he understands that we do offer a good health plan package to our employees.
Councilmember Azzoz stated that we do have savings from this because some of our
employees are receiving military medical coverage and these employees do not opt for
our insurance package; therefore, they do not have those benefits. He stated that he is fine
with going through the compensation and classification study and the reason is that it will
probably take six months or more and can be applied to the next fiscal year's budget and
not to the current budget we are in. Meanwhile, he feels we should direct City Manager
John Kessel to give the $300,000 that is already set aside for raises in this fiscal year to
the bottom 40 percent of employees.
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Councilmember Thompson expressed concern about the fairness of this proposed
distribution. He feels the compensation study results will give us the objectivity we will
need to have in case we are questioned by staff members who did not receive anything
and may subsequently pursue some type of action against the city. Councilmember
Azzoz said he thinks the staff will see that management is trying to reach a plateau to be
competitive with other cities and people will want to work for us and not leave.
At the request of Councilmember Fowler, City Manager John Kessel provided an update
on the compensation and classification study process. They are currently interviewing
the final two firms to decide who to contract with. - He is hoping to have that contract in
place within the next three weeks. A major consideration is how quickly and easily the
survey can be conducted with our employees.
Mr. Kessel went on to provide further information on several different goals and staffing
decisions the city will be faced with in the near future, and how that will tie in with our
current and future revenue as to the sustainability of those decisions in regard to
employee compensation, benefit packages and facility expenses. We need to establish a
balance of hiring new staff to handle a growing customer base and how to simultaneously
be able to provide raises to existing /tenured personnel.
Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by
Councilmember Fowler to take the budgeted $300,000 and have the City Manager, Mr.
Kessel distribute it appropriately to City Staff. The vote was 1 -4 with Councilmember
Azzoz voting yes and Mayor Pro -Tem John, Councilmembers Fowler, Edwards, and
Thompson voting no. Motion failed.
Roll Call Vote Confirmation
Deputy City Secretary Donna Schmoekel provided the roll call vote information for agenda
items 1 through 7.
Requests and Announcements
8. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
No further announcements.
9. Requests by Mayor and Councilmembers that items be placed on a future City
. Council agenda.
No items requested.
10. Requests by Mayor and Councilmembers to City Manager and Staff for information.
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Mayor Carpenter recognized Councilmember Edwards who asked staff to provide an
update on the Economic Development side of our business, and stated that this request
could be done by email if desired.
Mayor Carpenter recognized Councilmember Fowler who stated that in reference to the
compensation item, if you look at the time line, if we can get this completed in six (6)
months it will fit in to us being very active in looking at the budget for next year.
Councilmember Fowler stated that it is very important that we get this on contract and get
this completed by June. Councilmember Fowler stated that he appreciated Mr. Kessel
providing Council with updates on where staff is at in the process.
Mayor Carpenter recognized City Manager John Kessel who stated that he would keep
the Council informed and that is why he is personally attending the interview meetings.
He hopes to derive at a decision at the end of the week and have something negotiated for
Council action. He stated this is one of our highest priority items along with other
priority items, as mentioned earlier by Councilmember Edwards.
Mayor Carpenter recognized Councilmember Azzoz who stated that the future is not six
(6) or (7) months from today; the future is today.
11. Announcements by Mayor and Councilmembers
• City and community events attended and to be attended
• City Council Committee and Liaison Assignments (see assignments below)
• Continuing education events attended and to be attended
• Recognition of actions by City employees
• Recognition of actions by community volunteers
• Upcoming City Council agenda items
Mayor Carpenter wished everyone here tonight and those that work for the City a very
happy new year and `Welcome to 2015.' He looks forward to great things for the City of
Schertz in this New Year.
Adi ournment
Meeting was adjourned at 7:57 p.m.
ATTEST: ,
� �nt1 Jek
Donna Schmoekel, Deputy City Secretary
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r
Michael R. Carpenter, Mayor