05-26-2015 MinutesMINUTES
REGULAR MEETING
May 26, 2015
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on May
26, 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 Daryl John
Staff Present:
Deputy City Manager John Bierschwale
Executive Director Bob Cantu
City Secretary Brenda Dennis
Call to Order
Mayor Pro -Tern Edwards
Councilmember Grumpy Azzoz
Councilmember Robin Thompson
City Manager John Kessel
Executive Director Dudley Wait
City Attorney Charles Zech
Mayor Carpenter called the meeting to order at 6:00 p.m.
Invocation and Pledges of Allegiance to the Flags of the United States and the State of
Texas (Mayor Pro -Tern Edwards)
Mayor Pro -Tem Edwards 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)
Mayor Carpenter recognized Executive Director Dudley Wait who provided the following
announcements:
• Wednesday, May 27th, Schertz Police Department "Coffee with a Cop Event ", 8:30-
10:30 Starbucks.
• Thursday, May 28th, Bond Committee Public Input Meeting #3, Schertz United
Methodist Church, 3460 Roy Richard Drive, 6 :00 P.M.
• Thursday, May 28th, Joint Workshop with CVLGC, Cibolo and Schertz, Schertz
Council Chambers, 6:30 P.M.
• Friday, May 291h, Hog Wild 2015 - FREE Continuing Education Seminar (for all
local government elected and appointed officials & employees), (sponsored by
DNRBH), at Texas State University, San Marcos. For registration info call: 'Denton
Navarro Rocha Bernal Hyde & Zech, PC's San Antonio office at 210 - 227 -3243.
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• Saturday, May 30th, 3rd Annual Friends 4 Fisher House Fun Run; the Run,
Auction/Raffle, Cash, etc. and Registration starts at 9:00 a.m. The event starts and
ends at JW's Bracken Saloon, 18400 FM 2252, San Antonio, TX.
• Announcements and recognitions by City Manager (J. Kessel)
Mayor Carpenter recognized City Manager John Kessel who thanked staff (in general) to
those staff members who participated this weekend in all the flood emergency events.
EMS staff participated in an Ambus run and today Animal Control staff worked with San
Marcos on some animal rescues. Locally, staff checked on barricades in the streets. It is
all a lot of work and some people worked double shifts. He just wanted to say thank you
to everyone for helping keep us safe and in assisting our neighboring communities.
Presentation
• Proclamation recognizing the revitalization of the Gutierrez Xeriscape Park and the many
volunteers. (Mayor Carpenter)
Mayor Carpenter read the proclamation. and recognized the Henry Gutierrez Family
Members who were present. Mayor Carpenter also recognized several of the volunteers
who worked on the renovation of the Park and presented the proclamation to the
Gutierrez Family. Mr. Henry Gutierrez, Jr. thanked the many volunteers and the City for
making Schertz their home.
• Briefing regarding Cibolo Valley Local Government Corporation (CVLGC) and the City
of Schertz Partnership. (Justin Murray)
Mayor Carpenter recognized Justin Murray, Board President who introduced members of
his staff who were present; Alan Cockerell, Executive Director and Regina Franke
Administrative Assistant. Mr. Murray provided a Power Point presentation with the
following items:
Terms:
• SSLGC — Schertz/Seguin Local Government Corporation
• CVLGC — Cibolo Valley Local Government Corporation
• IPP - Initially Prepared Plan
• DFC — Desired Future Condition
• MAG — Modeled Available Groundwater
• GMA — Groundwater Management Area
• GCD — Groundwater Conservation District
CVLGC Organization:
• City of Cibolo & City of Schertz
• Governed by a Board of Directors Appointed by Each City Council
• Utilize SSLGC Staff for Administration
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• Will Use SSLGC Infrastructure to Treat & Transport Water
Mr. Murray provided information on projected Combined Additional Water Demands for
Schertz and Cibolo through 2070.
CLBGC Project:
Milestone Proposed Timing
Water Rights
2015 -2016
Projected Development
2016 -2018
Design & Acquisition
2018 -2020
Construction
2012 -2023
Start Up/Production
2023 -2024
Project Summary:
• Carrizo Wellfield in Eastern Wilson County
• 10,000 ac -ft /yr Capacity
• Water Production Projected to Begin in 2023
• Contract with SSLGC to Treat & Transport
• Included in the 2016 Region L IPP
Mr. Murray stated that he hopes the Council will join them on Thursday for their joint
meeting. Mayor Carpenter thanked Mr. Murray and those individuals that were involved
in forming SSLGC and CVLGC; he recognized Mr. Ken Greenwald who was in the
audience this evening as one of those individuals.
• Presentation and overview of the activities of Northeast Lakeview College. (Dr. Greg
Follins)
Mayor Carpenter recognized Dr. Craig Follins who showed a quick video that
highlighted some of their events this past year. He also introduced his colleague, Vice
President of College Services, Dr. Tangila Dove. He stated they had graduation
ceremonies last week and saw a lot of students moving on to transfer to another college
or seek employment. In addition to what we will need in the future, education is one of
them. They get about 12,000 students coming to them annually. They are very involved
with their feeder schools (middle and elementary) regarding mentoring students in
reading and math. These are key factors for student success. They have already spoken
with Dr. Greg Gibson of Schertz - Cibolo- Universal City ISD to discuss the schools that
will be involved from the Schertz area. Each year the numbers of degrees increase. From
time to time they will be coming forward to share an update with you. Dr. Follins
answered questions from council.
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Workshop
• Presentation and discussion regarding a proposed Mayor /City Council Member for the
Day Program. (B. Dennis/B. Williams)
Mayor Carpenter recognized City Secretary Brenda Dennis who introduced Ms. Rebecca
Williams, K -12 Social Studies Coordinator with the Schertz - Cibolo - Universal City ISD
who has been working with the Historical Preservation Commission on finding ways to
engage students in social studies, local government and the community. The 7th grade
state Texas Essential Knowledge and Skills (TEKS) program requires students to
understand how government operates in Texas, including how state, county and local
governments come together to work. We started talking about how the students could
witness City Council and Mayor and what you do for a day — making history and social
studies come alive. The students are also required to understand the rights and
responsibilities of a Texas citizen. All of you serving as Mayor and Councilmembers help
to model responsible citizenship to our students who are our future leaders.
Ms. Dennis and Ms. Williams collaboratively provided a Power Point presentation of an
idea for a student Mayor and City Councilmember for the day program and how to get
students who take Government classes to understand the structure and functions of
government created by the Texas Constitution. They stated that the student(s) will be
expected to do the following:
7th Grade Texas History Texas Essential Knowledge & Skills (TEKS):
- (A) describe the structure and functions of government at municipal, county, and state
levels;
- (B) identify major sources of revenue for state and local governments such as property
tax, sales tax, and fees; and
- (C) describe the structure, funding, and governance of Texas public education,
including local property taxes, bond issues, and state and federal funding supported by
state and federal taxpayers.
7th Grade Texas History TEKS Alignment:
Citizenship: The student understands the rights and responsibilities of Texas citizens in a
democratic society. The student is expected to:
- (A) identify rights of Texas citizens; and
- (B) explain and analyze civic responsibilities of Texas citizens and the importance of
civic participation.
8th Grade TEKS Alignment:
Citizenship: The student understands the rights and responsibilities of citizens of the
United States. The student is expected to:
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- (D) identify examples of responsible citizenship, including obeying rules and laws,
staying informed on public issues, voting, and serving on juries;
- (F) explain how the rights and responsibilities of U.S. citizens reflect our national
identity.
Constructivist Learning:
By allowing students to experience local government, they will be able to come to a
personal understanding by connecting the new experience to their previous
understanding.
Making Social Studies "Powerful ":
The National Council for the Social Studies lists 5 "essential characteristics of powerful
social studies"
- 1. Social Studies teaching and learning are powerful when they are meaningful
- 2. Social Studies teaching and learning are powerful when they are integrative
- 3. Social Studies teaching and learning are powerful when they are values -based
- 4. Social Studies teaching and learning are powerful when they are challenging
- 5. Social studies teaching and learning are powerful when the learning is active
Ms. Williams stated that students would be nominated every 9 weeks. Program to start
Fall of the 2015 School year, around October 20, 2015. This would be eight (8) 9th grade
participants per year and twenty (20) 71h grade participants per year.
Participant Information included:
th
Council Member for a Day: 7 grade Texas History students who have been
nominated by their Social Studies Teachers.
- Will alternate between Middle Schools in number
1St Nine Weeks: Corbett, Dobie, Corbett, Dobie, Corbett
• 2nd Nine Weeks: Dobie, Corbett, Dobie, Corbett, Dobie
• Student will report at 2:00 p.m., to the Administrative Conference Room,
Building #2 on a Tuesday. Orientation will be conducted by the
designated Councilmember from 2:00 p.m. to 5:00 p.m.
• Student will then join the designated Councilmember at the Tuesday's
Council meeting at 6:00 p.m.
th
• Mayor for a Day: 8 grade US History students who have been
nominated by their school principals.
2 students per nine week period: one from each middle school
• Student will report at 2:00 p.m., to the Administrative Conference Room,
Building #2 on a Tuesday. Orientation will be conducted by Mayor
Carpenter from 2:00 p.m. to 5:00 p.m.
• Student will then join Mayor Carpenter at the Tuesday's Council meeting
at 6:00 p.m.
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Ms. Williams and Ms. Dennis addressed questions and received other suggestions on how
to make this program even more successful such as: doing a mock council meeting,
having this meeting at a school facility, having the students tour the City, and have each
student meet with key personnel of the City. Ms. Williams and Ms. Dennis received
concurrence from Council to proceed with the program.
Workshop discussion regarding New Foundation Construction related to Finished Floor
Elevation and Base Flood Elevation. (Requested by Councilmember Fowler) (B.
James/M. Sanchez)
Mayor Carpenter recognized Development Services Director Michelle Sanchez who
provided a Power Point presentation regarding elevation surveys of new residential
foundations. Councilman Fowler requested staff evaluate a code amendment to require
surveys of the first floor foundation prior to issuance of a Certificate of Occupancy of
new residential homes. This would provide a basic level of information regarding the
original elevation of the foundation if at a later date there were concerns about foundation
issues.
Following the Fairhaven foundation concerns, an amendment to the International
Building Code (IBC) and the International Residential Code (IRC) was adopted in April
2013. The code amendments provide for additional requirements on the part of the
builder and the project engineer to ensure that the foundation is being installed as
designed by the engineer of record. Engineering documents provided for each new home
include:
o Bore locations and soils testing
o Slab reinforcement placement, pier size, depth; and design calculations shown on
the foundation plan.
o Concrete mix sampling during pour to verify compliance with foundation design.
o On site verification of concrete pour by the design engineer.
o Strand and elongation testing of cables on post tension foundations by a PTI
inspector prior to placement of framing load.
o Letter from engineer that the foundation adequately cured to allow for framing of
the first floor; but not less than 3 days after pour.
o Letter from engineer that the foundation was placed in compliance with design
prior to C of O.
o Letter from engineer verifying final grade elevations and positive drainage away
from the slab prior to C of O. This is after landscape installation.
P & Z held a workshop discussion on this item on May 13, 2015. Discussion points
included:
o Foundations will float or settle so change is to be expected.
o Given varying soils conditions, foundations will move in different ways.
o During a foundation repair, the current condition of the foundation must be
considered to remedy the damage, the original level of the foundation is less
important.
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o Has the requirement for a survey of the foundation after it is poured been tested in
court of law; when a foundation fails?
o Homebuyers are always at risk.
o Suggested regulations will impose additional cost and time delay to the customer.
The final consensus was that current code requirements sufficiently address foundation
issues. Ms. Sanchez answered questions from council.
Workshop discussion regarding the City of Schertz 2012 International Fire Codes and
amendments thereto.) (D. Wait/D. Covington/J. Perry)
Mayor Carpenter recognized Fire Chief David Covington who stated that in conjunction
with the updated Building Codes, Assistant Fire Chief John Perry has been reviewing
code changes and amendments. Assistant Fire Chief Perry provided information
regarding the 2012 International Fire Codes and amendments answering questions from
Council. Some of the items included:
o Clarified Change of Occupancy Definition -
Change of Certificate of Occupancy (ownership change)
o Fire Lanes —
Provided clear defmitions and examples of what is acceptable for the marking and
identification of fire lanes.
o Standpipes —
Coverage of buildings greater than 10,000 square feet in area will have
requirements for horizontal coverage as well as the existing vertical requirements
that are in the IFC 2012.
o Mobile Food Establishments and Food Booths —
A section was added to cover mobile cooking establishments such as food trucks
and food booths. These will be inspected on fire and life safety due to the use of
LP gas and production of grease laden vapors which require special types of fire
extinguishing agents.
o Trade Shows and Conventions —
Allows food booths to operate under and follow rules of the mobile food
establishments.
o Underground Fuel Storage Tanks -
Clarified inventory control records and record keeping. This will allow for review
of records to monitor for leaks or unaccounted for loss of product.
o Fire Drills in Educational Facilities -
Information and guidelines have been implemented in schools previously but,
have not been in writing until now.
o Permits -
There are additions that will trigger the need for a permit. The fees will be
minimal. The main purpose of the permit is to ensure an inspection is performed
for safety.
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Hearinlz of Residents
Mayor Carpenter recognized the following individuals who spoke:
• Mr. Richard Dziewit, 2550 Chasefield Drive, who spoke on the recent Memorial Day
Celebration that was held at the Schertz Veteran's Memorial Plaza.
• Ms. Clare Layton, 12231 Lost Meadows Drive, who spoke regarding the purpose of the
invocation provided by Mayor and Council. Ms. Layton also spoke regarding her chance
to support Mayor Carpenter.
• Ms. Melba Smith, 206 Aero, who spoke on the need of future City involvement at the
Veterans Memorial Plaza.
Discussion and Action Items
1. Minutes - Consideration and/or action regarding the approval of the minutes of the
Regular Meeting of May 19, 2015. (J. KesselB. Dennis)
Mayor Carpenter recognized Councilmember Fowler who moved, seconded by Mayor
Pro -Tem Edwards to approve the minutes of the regular meeting of May 19, 2015. The
vote was unanimous, with Mayor Pro -Tem Edwards, Councilmembers Fowler,
Azzoz, John, and Thompson voting for, no one voting no. Motion passed.
2. Resolution No. 15 -R -39 — Consideration and/or action approving a Resolution
authorizing a Community Development Block Grant Program Cooperative Agreement
with Bexar County. (B. James)
The following was read into record:
RESOLUTION NO. 15 -R -39
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING A COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM COOPERATIVE AGREEMENT WITH BEXAR COUNTY, TEXAS
AND OTHER MATTERS IN CONNECTION THEREWITH
Mayor Carpenter recognized City Manager John Kessel who stated we have an
agreement with Bexar County for CDBG funds and we lend them our population and
they get funded as if we were a part of that larger organization. We also get consideration
on CDBG grants, one of which we are currently working on for the trails that are being
built; the amount being a little over $60,000. Previously, we have received grants for
things ranging from sidewalks to waterlines. It is a good program for us to participate in.
Staff recommends we continue our partnership with this group. Deputy City Manager
John Bierschwale stated he strongly suggests we continue the relationship as Bexar
County has worked with us in the past and gotten us over $460,000. This is a unique
situation where these Bexar County funds extended into Guadalupe County. He cited
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examples such as Mobile Villa (water and sewer and street improvements), other
sidewalk improvements in Guadalupe County and waterline improvements along Ware
Seguin Road, Pfeil Road, Scenic Lake Drive and others. This partnership with Bexar
County has saved the city millions of dollars on projects through the years.
Mayor Carpenter recognized Councilmember Thompson who moved, seconded by
Mayor Pro -Tem Edwards to approve Resolution No. 15 -R -39. The vote was
unanimous, with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John,
and Thompson voting for, no one voting no. Motion passed.
Roll Call Vote Confirmation
City Secretary Brenda Dennis provided the roll call vote information for agenda items 1 and 2.
Requests and Announcements
3. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
No further announcements were provided.
4. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
No Items Requested.
5. 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 Mayor Pro -Tem Edwards who stated that yesterday he
attended the Veterans Memorial Celebration in the City of Cibolo.
Mayor Pro -Tem Edwards also encouraged all of the Councilmembers to make it a
point to attend Thursday's Joint Workshop meeting with Cibolo Valley Local
Government Corporation and the City of Cibolo.
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Mayor Carpenter recognized Councilmember Fowler who stated he attended the
following:
Thursday, May 21, SSLGC meeting(s) in Seguin — He added they continue to buy
property, mineral and water rights around the area to ensure we have what we need in
the future. The results of the audit were received and passed with no problems and
there is a good reserve of money to buy new equipment and perform maintenance.
Everything appears to be on track over there thanks to Alan. A person does not realize
how large an operation like this is. To see the different reservoirs and tanks is very
impressive to see how your water really gets here. A major project (about 42 miles)
on the waterline itself is coming up where they are going to update the cathodic
protection of the line. If it is not done the line will corrode on its own so updating it
now will be a lot cheaper than doing so later.
Thursday, May 21, Interview Committee for Boards, Commissions, and Committee
vacancies — they recommended appointing seven new committee members and the
rest were re- applying for their positions.
Sunday, May 24, EMS Awards Dinner — it was astounding to see some of the
conditions our personnel have to work under to save /rescue people. He respects our
Fire, EMS, and Police Departments; we have a great system here in Schertz.
Mayor Carpenter recognized Councilmember Azzoz who stated he met with
Operation Comfort troops yesterday. They will meet again at 6:45 a.m. in the
morning and hopefully we can send help for some of the recent flood victims in the
Houston area. He shares the pain of all the recent flood/storm victims and also
thanked our troops for the help they are providing to everyone in need.
Mayor Carpenter recognized Councilmember Thompson who stated he wanted to
thank EMS, echoing Mr. Fowler's words regarding the EMS Awards Dinner this past
Sunday. He also thanked the Development Services Department (Executive Director
Brian James and his crew). Last Thursday, two different customers came into the
Schertz Chamber of Commerce offices with questions and both parties were assisted
by the city Development Services staff and taken care of within a short time period.
Whether the customer was a single family member or a large business construction
developer, each customer was given equal attention in order to answer all their
questions. This type of service speaks very well for the City of Schertz staff.
Mayor Carpenter stated he had lunch today with the new Judson Independent School
District Superintendent, Dr. Carl A. Montoya. As Council and staff we all try our best
to maintain contacts with various stakeholders and folks around the community.
6. Information available in City Council Packets - NO DISCUSSION TO OCCUR
• 2015 Charter Review Commission Final Report
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Executive Session
Mayor Carpenter recessed the regular meeting at 7:57 p.m. into Executive Session.
7. City Council will meet in closed session under Texas Government Code Section 551.071,
Consultation with Attorney, to discuss and deliberate legal issues associated with the
Economic Development Incentives Agreement (Amazon.com.KYDC LLC).
8. City Council will meet in closed session under Texas Government Code Section 551.074
Evaluation of the Municipal Judges and Prosecutor.
9. City Council will meet in closed session under Texas Government Code Section 551.074
Evaluation of the City Manager.
Reconvene into Regular Session
Mayor Carpenter reconvened into regular session at 9:47 p.m.
7a. Take any necessary action based on discussions held in closed session under Agenda
Item number 7.
No action was taken.
8a. Take any necessary action based on discussions held in closed session under Agenda
Item number 8 including possible increase in salary.
Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by
Councilmember John to approve a 2% pay increase for City Prosecutor Darrell Dullnig
and continue to retain his services. Due to a decrease in volume in our Municipal Court,
judicial staff will be reduced to one judge, John Hmcir, who will also receive a 2% pay
increase. The vote was unanimous, with Mayor Pro -Tem Edwards, Councilmembers
Fowler, Azzoz, John, and Thompson voting for, no one voting no. Motion passed.
9a. Take any necessary action based on discussions held in closed session under Agenda
Item number 9 including possible increase in salary.
Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Mayor Pro-
Tern Edwards to not adjust the pay of the City Manager until results are obtained from the
Classification and Compensation Study currently being conducted by Evergreen Solutions
and approve adding one more year to his current rolling three (3) year hiring contract. The
vote was unanimous, with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz,
John, and Thompson voting for, no one voting no. Motion passed.
Roll Call Vote Confirmation
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City Secretary Brenda Dennis provided the roll call vote information for agenda items 8a, and
9a.
Mayor Carpenter recognized Deputy City Manager John Bierschwale who came forward stating,
for clarification, could they give a release notice to Judge Takas effective July 1 since Judge
Hrncir was going to be on vacation the first two weeks of June. Mayor Carpenter stated since a
time frame was not specified in the motion, Council will allow staff to address that as they wish.
Adi ournment
Meeting was adjourned at 9:52 p.m.
Michael R. Carpenter, Mayor
ATTEST:
re a ennis, City Secretary
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