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01-20-2015 MinutesMINUTES REGULAR MEETING January 20, 2015 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on January 20, 2015, 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 Jim Fowler Councilmember Cedric Edwards Staff Present: Deputy City Manager John Bierschwale Chief of Staff Bob Cantu City Secretary Brenda Dennis Call to Order Mayor Pro -Tern Daryl John Councilmember Grumpy Azzoz Councilmember Robin Thompson City Manager John Kessel Executive Director Brian James City Attorney Clarissa Rodriguez 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 (Mayor Pro -Tern John) Mayor Pro -Tem John 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. BierschwaleB. James) No announcements were provided. • Announcements and recognitions by City Manager (J. Kessel) No announcements were provided. Presentations • Presentation/discussion and update regarding Food Trucks in the City of Schertz. (B. James/M. Sanchez/M. Harris /J. Hamilton) Mayor Carpenter recognized Development Services Director Michelle Sanchez who provided a Power Point presentation with the following information. 1 -20 -2015 Minutes Page - 1 - The Schertz Code of Ordinances, Chapter 34, Article II addresses two types of food and/or beverage establishments: 1) permanent brick and mortar restaurants and mobile vending units, and 2) temporary food establishments that are restricted to no more than 14 consecutive days in conjunction with a single event or celebration. Ms. Sanchez provided further details regarding the six types of vendors (i.e. vendors that drive around on the streets, temporary setups, business fair participants, and those that park within rights of ways, private property or at food parks. She stated that mobile vendors provide additional dining options within the community, bring new business opportunities to the city and is an upcoming trendy dining concept for today's customers. Potential negative impacts may include noise and smell from cooking food(s) and increased competition for the brick and mortar restaurants and the general food service industry as a whole. Ms. Sanchez continued her presentation by providing a sampling of details on regulations that would need to be adopted by the city to oversee these types of business vendors. Examples were restrooms, and handicap accessibility, electric service, Fire & EMS access and more. Afterwards, Ms. Sanchez, and City Sanitarian Jesse Hamilton answered questions from council as well as input by potential mobile vendor /owner, Mr. Derrick Sanchez. Mayor Carpenter added his comments at the end by stating that as council considers this subject matter, we might want to thinks of things such as the long term land use for food parks /courts and think about the highest and best use of that property. Would this meet our long term goals as a city that attracts business to come to our area. We recently regulated the parking of RV's which are similar in design to food trucks. What, areas would be appropriate for these vendors to go and park to conduct business? He would like to see the Economic Development Department and the Economic Development Corporation weigh in to offer comment and look at any ordinance we might consider prior to us passing it. We will probably need to be more restrictive in the beginning and then see how things go as we move forward. Staff should craft an ordinance to share with the two economic development groups as well as the Schertz Chamber of Commerce for their input and suggestions. Mayor Carpenter moved to the presentation regarding the Animal Adoption Facility 0 Presentation and updates regarding the Animal Adoption Facility. (M. Harris /S. Roman) Mayor Carpenter recognized Animal Services Manager Shanna Roman who stated they had some good news to share tonight regarding the Animal Services Department. Ms. Roman stated that they received the following in donations for the shelter and/or the new adoption trailer. Ms. Roman recognized the following: 1) Schertz Chamber of Commerce 2) Samuel Clemens D.E.C.A. Club 3) Anything Goes With Glass 1 -20 -2015 Minutes Page - 2 - Hyper Group Donation Donation towards adoption trailer Silent auction/ Donation towards adoption trailer 4) GVEC Donation towards adoption trailer 5) Homes for Pets Donation towards adoption trailer 6) Debbie Krause Assistance with organizing silent auction for adoption trailer 7) Donna Schmoekel Several donations for the shelter medical fund 8) Harriet Higgs /John Sabo Dog training classes at the shelter. 9) Harriet Higgs Donation towards adoption trailer. 10) Girl Scouts Completed merit project by volunteering at the shelter and made blankets for the animals. 11) Lowe's (O'Connor) Appreciation for allowing us to have adoption events at their location. 12) Lowe's (Schertz) Appreciation for allowing us to have adoption events at their location. 12) Mattenga's Pizzeria Silent auction for adoption trailer/Pizza fundraiser Mayor Carpenter recognized Councilmember Azzoz who thanked everyone for doing such a great job and he hopes we reach our goal one day to be a no -kill shelter. Mayor Carpenter recognized Councilmember Edwards who thanked the shelter volunteers and staff and stated his own kids volunteered there and it not only gives back to the community but also instills discipline in the young volunteers. Mayor Carpenter stated he has adopted four rescue pets from the shelter. This is the city at its best and has been going on for over 50 years. This is what we are as a community when we choose to help each other out especially for a cause like this. It is difficult work and yet rewarding. He said they do not get thanked enough; job well done. Mayor Carpenter recognized Councilmember Fowler who stated he wrote an article, "Why I love Schertz" when running for re- election of Councilmember Place #1. One more time they have just proved why he is glad to live here and is proud to serve. Presentation and discussion and update regarding Street Improvements — past, present, and future. (Item requested by Councilmember Fowler) (B. James/K. Woodlee) Mayor Carpenter recognized City Engineer Kathy Woodlee who provided the following highlights of her presentation and answered questions from Council: 1 -20 -2015 Minutes Page - 3 - Street Improvements fall into two separate categories: • Major reconstruction projects funded by bonds Complete excavation, add base material, repave, curbing Mill and Overlay (Major) • Maintenance Projects funded by the General Fund Chipseal, Pot Hole repair, Mill and Overlay (Minor), Crack Seal, etc Future Street Improvement List — Major Reconstruction • Main Street Improvements • Northcliffe Street Reconstruction • Aviation Heights Street Reconstruction • Tri- County Business Park Street Reconstruction and Portion of Lookout Road • Dove Meadows Street Reconstruction • Silver Tree Reconstruction • Live Oak/Maske Road Realignment (FM 1518 to FM 3009) • Greenfield Village Subdivision Reclamation • Village Unit IV Subdivision Reclamation • Hubertus Reconstruction • Friesenhahn Reconstruction • Eckhardt Road Reconstruction • Schwab Road Reconstruction • Pfeil Road Reconstruction • Scenic Lake Drive Reconstruction • Schaefer Road Reconstruction • Weiderstein Road Extension FM 3009 to FM 1103 • Schertz Forest Street Reconstruction • Lower Seguin Road and FM 1518 Intersection Improvements Next Steps: • Prioritize Projects Assess current roadway conditions Collect and analyze traffic counts Evaluate historic and current maintenance records • High End Cost Estimation • Complete Master Thoroughfare Plan • Propose Project Programing based on anticipated bond funds (5, 20, 15 years) Maintenance Projects funded by the General Fund Budget: 1 -20 -2015 Minutes Page - 4 - • Micropaver Program is being updated • List will be created based on maintenance needs • Second presentation to Council will occur in the future Mayor and Council thanked Ms. Woodlee for the update. Hearing of Residents Mr. Robin Thompson, who on behalf of Operation Comfort, presented Mayor Carpenter with a plaque of appreciation for the City of Schertz in support of the 5K/10K Run — Walk they had on Saturday. Ms. Maggie Titterington, Chamber President who provided updated information regarding the upcoming Chamber Events. Workshop • Discussion and/or possible action regarding the City Council's Code of Ethics. (Mayor /Council) Mayor Carpenter stated that at the January 6, 2015 City Council meeting Councilmember Edwards stated that he felt the Councilmembers should all sign their names to the Code of Ethics because it would give the document more weight. A copy of the City Council's Code of Ethics is now attached with a page added for each Councilmember to sign. Mayor and Council concurred and signed the Code of Ethics signature page and provided that copy to the City Secretary. Discussion and/or possible action regarding the City Council's Code of Conduct and Procedure related to voting and abstentions. (Mayor /Council /C. Zech) Mayor Carpenter stated that at the January 6, 2015, City Council meeting a discussion was held 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 M 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. City Council authorized City Attorney Charles Zech and City Staff to outline some steps for handling abstaining votes along with recommendations for council to consider. City Staff worked with the City Attorney to review the City Council Rules of Conduct and Procedures regarding the proposed language. Council members proceeded to discuss 1 -20 -2015 Minutes Page - 5 - the proposed language and select option "A" or `B" for each section. A continued discussion commenced between councilmembers concerning the issues of what constitutes a tie with either a nay or abstention vote. City Attorney Clarissa Rodriguez explained that the options presented tonight for council is to decide how they wish to proceed in the future. Councilmember Thompson made a motion, seconded by Councilmember Edwards to consider any vote by a councilmember that is not an aye vote or a nay vote shall be counted as a nay vote unless it is an abstention as required by law. The vote was unanimous, with Mayor Pro -Tem John, Councilmembers Fowler, Azzoz, Edwards and Thompson voting for and no one voting no. Motion passed. Mayor Carpenter asked that the City Attorney's office to draft an ordinance and language necessary for our rules and procedures to address that. Discussion and Action Items 1. Minutes - Consideration and /or action regarding the approval of the minutes the Regular Meeting of January 13, 2015. (J. KesselB. Dennis) Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Councilmember Fowler to approve the minutes of the regular meeting of January 13, 2015. The vote was 4 -0 -1, with Mayor Pro -Tem John, Councilmembers Fowler, Azzoz, and Thompson voting for, no one voting no, and Councilmember Edwards abstaining. Motion passed. 2. Ordinance No. 15 -T -05 — Consideration and/or action approving an Ordinance authorizing a Budget Amendment to the Grant Fund 405 for the Award from the FY13 State Homeland Security Program through the Texas Homeland Security State Administrative Agency. (First & Final) (J. Bierschwale /J. Correu) The following was read into record: ORDINANCE NO. 15 -T -05 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET AMENDMENT TO THE GRANT FUND 405 FOR THE AWARD FROM THE FY13 STATE HOMELAND SECURITY PROGRAM THROUGH THE TEXAS HOMELAND SECURITY STATE ADMINISTRATIVE AGENCY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY Mayor Carpenter recognized Deputy City Manager John Bierschwale who introduced this item stating the City was awarded a grant for $65,564 from the FY13 State Homeland Security Program through the Texas Homeland Security State Administrative Agency 1 -20 -2015 Minutes Page - 6 - (THSSAA) for the project titled: City of Schertz Spillman Interoperability Insight Interface. The City is not required to match any funds. The application for this grant was originally approved by council on 10 -29 -2013. This ordinance is to amend the Fiscal Year 2014 -15 budget in the Grant Fund 405. He stated the goal is to provide essential data management software that will allow the police department to improve the effectiveness of investigations by sharing information with other communities and public safety agencies, tracking of criminal incidents and trends to improve investigations and prevent large scale incidents. Staff recommends approval of first and final reading. Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Councilmember Edwards to approve Ordinance No. 15 -T -05 on first and final. The vote was unanimous, with Mayor Pro -Tem John, Councilmembers Fowler, Azzoz, Edwards, and Thompson voting for, no one voting no.. Motion passed. 3. Employee Compensation — Discussion and possible action regarding the City's Employee Compensation Plan. (J. Kessel/Council) Mayor Carpenter recognized Councilmember Azzoz who stated he had a question for City Manager John Kessel. An internal survey that was done on August 8, 2014 indicated two big issues were the pay and internal communication. Then another study that was done with the University of Texas at Austin came back with the same thing, that the biggest concern of employees was pay. His question is that once a company is selected to do the new proposed classification and compensation study, how long will it take to get the study done? Mr. Kessel answered it would take about 4 to 5 months. Councilmember Azzoz stated we have the $300,000 set aside and budgeted. It has been a year since the other surveys have been completed and while the new study we are going to do is important, why can't we use this money for pay increases now? Mayor Carpenter recognized Councilmember Azzoz who made a motion to take the lower 40% of employees and award them the $200 per month using the $300,000 budgeted amount. Mayor Carpenter asked for a second; as there was no second, the motion failed. Mayor Carpenter recognized Councilmember Thompson who stated we have discussed this for a month now and several prior motions on this matter have subsequently failed. He made a motion to not take this discussion up again on this subject until after we receive the results of the classification and compensation study. Councilmember Fowler seconded the motion. Mayor Carpenter recognized Councilmember Fowler who stated he thinks the indication of council has been that we are not really comfortable with giving out this money until we get the analysis in order to do a proper and fair distribution of funds to employees. If we continue to discuss this and if the main concern does not change (that we want to see the analysis first) then it would just be a waste of our time to continue discussing this. 1 -20 -2015 Minutes ' Page - 7 - Councilmember Edwards said we talked about this earlier and we said we had to have something concrete to go forward. Four weeks ago we made a motion and voted to wait for the study results and now we are doing this all over again. Council continued discussion of the pros and cons on waiting for the study before distributing the money. Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Councilmember Fowler to not take this discussion up again on this subject until after we receive the results of the classification and compensation study. The vote was 4 -1 -0, with Mayor Pro -Tem John, Councilmembers Fowler, Edwards, and Thompson voting yes, and Councihmember Azzoz voting no. Motion passed. Roll Call Vote Confirmation Deputy City Secretary Donna Schmoekel provided the roll call vote information for agenda items 1 through 3 Requests and Announcements 4. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives Mayor Carpenter recognized City Manager John Kessel who stated that on next weeks agenda management will be bringing forth an item for action; a recommendation to council on a contract and work plan for conducting the classification and compensation study. Concurrent with that we have a merit program each year that is a two step average across the city program; we intend to do that early this year for our employees. This is going to have a small impact in that some staff members who will have a little less time to complete their annual work program/goals. However, they will also have the opportunity up to have an additional four percent raise. Some may have in a six month window an 8 percent raise, 6, or 4 percent raise; the average employee will have 4 percent; some with 2 percent and some with zero. This will be a significant thing while we wait for the study to be completed. Mr. Kessel also pointed out that the City Attorney tonight is Ms. Clarissa Rodriguez who is covering for Mr. Charles Zech. He thanked her for this. 5. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No items requested. 6. Requests by Mayor and Councilmembers to City Manager and Staff for information. No items requested. 1 -20 -2015 Minutes Page - 8 - 7. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items Mayor Carpenter recognized Councilmember Fowler who stated he attended the following: A meeting in Seguin for the SSLGC group. Some good things are going on in the water department with the purchase of needed equipment for the future. Today at 3:00 p.m. he attended a meeting on the natatorium facility and they are close to awarding a contract for hiring a manager -at -risk. The manager will start by doing an analysis of our proposal of the building(s) and figure out if it is within our budget. They should have more information in March or April. The update and information Schertz Chamber President Maggie Titterington gave today regarding the activities and infrastructure that has been established was very good and lets people know what all is going on in our community and how they are working with our small businesses. Kuddos to her. Tomorrow morning from 9:30 -11:00 a.m., he will meet with some pastors and citizens in the city to determine what they can do to fill a much needed void of matching church volunteer groups that can maybe assist those citizens in our community who need help. Mayor Carpenter recognized Councilmember Thompson who stated it was a pleasure for him to represent Schertz in the Selma - Schertz lOK Run this past weekend and we should continue to be sponsors for this event in the future. Mayor Carpenter provided his thanks to those who attended the funeral services this past week for 1) Garden Ridge Mayor Dalton, and also 2) Councilmember John's grandmother, Mrs. Lillie John. Thank you for being there for their respective families and representing the City of Schertz. Adiournment Meeting was adjourned at 8:41 p.m. Michael R. Carpenter, Mayor ATTEST: 1 -20 -2015 Minutes Page - 9 - Donna Schmoekel, Deputy City Secretary 1 -20 -2015 Minutes Page - 10 -