06-09-2015 MinutesMINUTES
REGULAR MEETING
June 9, 2015
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on June
9, 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 Robin Thompson
Staff Present:
Executive Director Brian James
Executive Director Bob Cantu
Deputy City Secretary Donna Schmoekel
Councilmember Daryl John was absent.
Call to Order
Mayor Pro -Tem Edwards
Councilmember Grumpy Azzoz
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 ( Councilmember Fowler)
Councilmember Fowler 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)
Mayor Carpenter recognized Executive Director Dudley Wait who provided the
following announcements:
• Friday, June 12, Deputy City Manager John Bierschwale's Retirement Celebration,
5:00 p.m. at the Schertz Civic Center.
• Saturday, June 13, 12th Annual Doggie Dash 3K Walk/5K Run, benefiting Homes for
Pets, at Pickrell Park, starts at 8:00 a.m.
• Tuesday, June 16, Chamber Monthly Luncheon, Schertz Civic Center, 11:30 a.m-
1:00 p.m. Rsvp deadline is June 9.
• Friday, June 19, GVEC Western Operations Center Meeting Room -6400 IH 10 -West,
Seguin. Starts at 8:30 a.m. -5:00 p.m.
SAVE THE DATE:
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• Wednesday, June 17, Dog Park Ribbon Cutting, 6:00 p.m.
• Monday, June 29, Abel's Diner Ribbon Cutting, 8:00 a.m., 17327 11135 N.
• Monday, July 20th, Operation Comfort Fund Raiser, 11:00 a.m. to 3:00 p.m.,
Sponsored by Grumpy's Cafe, 18817 FM 2252, proceeds will benefit local charity.
® Announcements and recognitions by City Manager (J. Kessel)
Mayor Carpenter recognized City Manager John Kessel who stated that they have been
working hard for the upcoming retreats. We have a retreat on June 18, 2015 with staff
and on June 19, 2015 with City Council. He stated we are working on a number of items
and just to cover that agenda and to give everyone an idea of what we will be covering,
we have the Charter Review Commission recommendations, the Bond Committee
recommendations, the Facilities Master Plan and an initial update and broader
philosophical discussions we need to have to set some direction with our buildings, and
the Classification and Compensation Study initial philosophy setting session where we
can make certain that we are establishing the priorities of how we will go about
implementing it. Big topics will be discussed at the retreat and also we are planning on
having the employee engagement survey presentation by the University of Texas on June
16, 2015. There may be an opportunity to discuss this as well at the retreat as it relates
particularly to the Classification and Compensation Study component.
Mr. Kessel also wanted to say thank you to a fairly large number of staff who have been
helping with that preparation. We have had some cross departmental groups that we put
together from all over the city and asked them to review some of the information and help
us develop that presentation. Mr. Kessel stated that he wanted to single out two
individuals, Johnathan Harshman and Doug Letbetter, who got pulled in at the last
minute to join in to make certain that we had information from their areas, and they did
an outstanding job representing Public Works.
Presentation
® Proclamation Celebrating 102 Years "Schertz Bank & Trust" (Mayor Carpenter)
Mayor Carpenter recognized several members with the Schertz Bank & Trust who were
in attendance this evening to accept the proclamation. Mayor Carpenter read and
presented the proclamation recognizing and celebrating 102 Years of Service for Schertz
Bank and Trust.
® Introduction of the FY2015/16 Schertz Sweetheart Court. (L. Klepper/E. Matlock)
Mayor Carpenter recognized Events Manager Mary Spence who stated that on behalf of
Public Affairs General Manager Linda Klepper and Office Manager Erin Matlock who
were in the audience, stated that we want to take you back a little; just two weeks ago we
held our coronation and had a chance to seat the FY 2015/16 Schertz Sweetheart Court,
our Ambassador's for the City of Schertz. She stated these ladies were four (4) among
eight (8) who participated and held their hand up and wanted to represent the City of
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Schertz. These ladies were judged by an independent panel and were selected to be our
representatives for the City. They will be serving the City by participating in parades;
they will be part of our Jubilee, Schertz Fest and Festival of Angels City events. They
are each going to take on a community service project that they are each going to head up
by gathering details, organizing and executing the projects. Ms. Spence introduced the
following members of the FY 2015/16 Schertz Sweetheart Court: Miss Schertz - Morgan
Gaitan. Miss Schertz introduced the following Court members: Miss Jubilee - Regina
Deason, Miss Friendly City - Sydney Fischer, and Miss Sunshine - Ellie Kate Gorman.
Miss Schertz stated that they are excited about representing the City of Schertz and being
a part of making the City what it is and also getting to know the Mayor and Council.
Mayor Carpenter recognized Mayor Pro -Tem Edwards who asked for Miss Schertz to
explain the concept of the match up regarding her songs she did for her talent. Miss
Schertz stated that she had put several songs together and played them on the cups.
Mayor Pro -Tem Edwards stated that we called this a remix in our day.
Mayor Carpenter recognized Councilmember Fowler who stated that Mary hit on
something that is very near and dear to him and that is community involvement.
Councilmember Fowler stated that when you pick your projects to please let him know
because he might be able to get you support and he would like to talk to them. That is the
spirit of Schertz.
Mayor Carpenter recognized Councilmember Azzoz who stated that he watched them all
that evening at the coronation and is so proud of them and definitely this is the future of
our City; you did a magnificent job.
Mayor Carpenter recognized Councilmember Thompson who stated he was delighted
with them the other evening and believes this is going to be a great year and he is looking
forward to it because they are part of it.
Mayor Carpenter congratulated all four of the ladies of the Sweetheart Court and thanked
them for choosing to compete and for representing the City throughout the next year.
Miss Schertz stated that the first event they will be participating in is the Luling
Watermelon Thump Parade, June 17, 2015, if you are not doing anything that day please
come out and support the Schertz Sweetheart Court.
HearinjZ of Residents
Mayor Carpenter recognized the following individuals who spoke:
® Ms. Clare Layton, 12231 Lost Meadows Drive, who came forward stating that after last
week when Councilmember Thompson came down from the dais and gave the invocation
she wanted to send an e -mail to Councilmember Thompson and she went to the city
website under the Mayor and City Council page to click on the last line under the photo
which is the easiest way to address an email and found that Councilmember Thompson
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did not have a link to open to send an email. She also stated that the first row of photos
have a small "e" in e -mail and the second row has a big "E" in the e -mail. Clicking on
the Place 5 photo it shows Councilmember Thompson under BA in Christian Ministry
from Pacific Christian College; yet according to the 2014/2015 Hope International
University Catalog to which his college belongs you can earn a BA in Church Ministry.
Christian Ministry is listed as an on -line Bachelor of Science Degree from the college.
She stated that time does not permit her to elaborate how many other questions she now
has, and just because the City had no e -mail listed under Councilmember Thompson's
name. She also stated that although she may be the first to bring this to your attention she
doubts she is the only person in the City to notice the lack of Councilrember
Thompson's e -mail. Ms. Layton also commented on her suggestion on how to lead the
invocation that was led ex- officio last week and commented on how Council had taken
her suggestions and acted upon them even though she didn't make the best presentation
of her suggestion that perhaps the City should start paying attention to details. However,
she thinks her experience of last week makes this week make a more cogent argument.
Because she couldn't find an e -mail for Councilmember Thompson she checked his City
bio and found possible disconnects. Then she googled the January article written by Mr.
DeKunder and found that the Life Bridge Church website was no help, and that the
church office is listed as a house in Buffalo Crossing which is a Cibolo Subdivision. She
did learn that the church allows you to watch their service live which she thought was
very interesting. Live streaming of Council meetings is going to be another future
subject of hers later on. She stated that tonight she came in person because she couldn't
thank Councilmember Thompson by e -mail. Thank you Councilman, hopefully sometime
the City will once again ask for blessings of our troops, those continuously in harm's way
and those who will forever bear the scars of their service and also ask a blessing of our
City's first responders who put their lives daily on the line for all of us. Thank you for
listening tonight.
® Ms. Melba Smith, 206 Aero, who stated that she was here a couple of weeks ago and
spoke about placing wreaths on the veteran's memorial plaza when the flags are put out
on Main Street. Ms. Smith stated that she has brought a list of dates for what they are for
and maybe the Schertz Magazine can include them in their monthly issues of what flags
will be going up on that particular month so that the citizens of Schertz will know why
the flags are on Main Street. Just this past Saturday, June 6, 2015, the flags were placed
because of D -Day Observation; the next Observance will be July 4, 2015, Independence
Day. Ms. Smith provided this listing of dates to Mayor Carpenter which included over
twenty dates. Mayor Carpenter provided this list to City Manager John Kessel who will
provide the list to Publications Editor Chuck McCollough to get them published. Mayor
Carpenter thanked Ms. Smith.
Discussion and Action Items
1. Minutes - Consideration and/or action regarding the approval of the minutes of the Joint
Meeting of May 28, 2015 and the Regular Meeting of June 2, 2015. (J. KesselB. Dennis)
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Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by
Councilmember Fowler to approve the minutes of the Joint Meeting of May 28, 2015 and
the Regular Meeting of June 2, 2015. The vote was unanimous, with Mayor Pro -Tem
Edwards, Councilmembers Fowler, Azzoz, and Thompson voting for, no one voting
no. Councilmember John was absent. Motion passed.
2. Resolution No. 15 -R -42 — Consideration and/or action approving a Resolution
authorizing an Interlocal Cooperation Contract Agreement with Texas Parks and Wildlife
Department.(D. Wait/D. Covington/C. Meeks)
Mayor Carpenter recognized Captain Chris Meek, Safety Training Officer for the Fire
Department and Emergency Management Coordinator. He stated that with this contract
they will be able to participate in prescribed burns with the state and provide the training
for our guys and it will cover our guys and the equipment if anything were to happen.
RESOLUTION NO. 15 -R -42
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING AN INTERLOCAL COOPERATION CONTRACT
AGREEMENT WITH TEXAS PARKS AND WILDLIFE DEPARTMENT
(TPWD), AND OTHER MATTERS IN CONNECTION THEREWITH
Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by
Councilmember Azzoz to approve Resolution No. 15 -R -42. The vote was unanimous,
with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, and Thompson
voting for, no one voting no. Councilmember John was absent. Motion passed.
3. Resolution No. 15 -R -43 — Consideration and/or action approving a Resolution
authorizing an Emergency Mutual Agreement with Alamo Area Council of Governments.
(D. Wait/D. Covington/C. Meeks)
The following was read into record:
RESOLUTION NO. 15 -R -43
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING AN EMERGENCY MUTUAL AGREEMENT WITH
ALAMO AREA COUNCIL OF GOVERNMENTS, AND OTHER MATTERS IN
CONNECTION THEREWITH
Mayor Carpenter recognized Captain Chris Meek who explained this agreement covers
all hazards - anything from Parks, Facilities Maintenance, Animal Control, etc. In any
kind of disaster, no one has enough resources to cover their own situation and will need
help from the mutual aid agreement (companies, cities, counties, etc.).
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Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by
Councilmember Thompson to approve Resolution No. 15 -R -43. The vote was
unanimous, with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, and
Thompson voting for, no one voting no. Councilmember John was absent. Motion
passed.
4. Resolution No. 15 -R -44 — Consideration and/or action approving a Resolution
authorizing a contract with Austex Tree Service, for tree pruning services. (B. James /C.
Van Zandt)
The following was read into record:
RESOLUTION NO. 15 -R -44
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING A CONTRACT WITH AUSTEX TREE SERVICES,
INC. FOR TREE PRUNING SERVICES AND OTHER MATTERS IN
CONNECTION THEREWITH
Mayor Carpenter recognized Park Manager Chuck VanZandt who stated this has been
something that should have been done a long time ago. We have three parks where trees are
just allowed to grow naturally. In some cases that is okay but in a park setting it is not. It
can be dangerous or simply esthetically unpleasing. It is also unhealthy for the tree(s). The
three parks are Woodland Oaks Park, Cutoff Park, and Oak Forest. They are going to do
what is called a Class II pruning which entails thinning the crown of the canopy and
removing dead or dangerous limbs, thus improving the overall health and vitality of the
trees. At Oak Forest Park they will be doing a lot of tree removal. There are a lot of trees
that really don't belong there and are not adding to the overhead canopy; they also take
away nutrients from the soil for the others. The only pruning we had done previously was
a clearing for the walking trail. With these proposed improvements we will not have to
touch those trees for the next five to seven years.
Mayor Carpenter recognized Mayor Pro-Tern Edwards who asked if staff could take some
before and after photographs. Mr. VanZandt stated they would gladly do that. He added
that when this is done properly, you will probably not notice a whole lot of difference, but
the trees will look much better.
Mayor Carpenter recognized Councilmember Azzoz who asked what the total amount of
money was in the tree mitigation fund. Per Mr. VanZandt, the fund has a little over
$500,000 left in it at this time. This contract is for a one -time service and the removal of
limbs will have several benefits; people walking in the park will not be getting hit on the
head with branches /leaves; it will bring the canopies into compliance with the city's code
compliance requirements of trees trimmed up 8 feet in general and 15 feet from the street
or sidewalk. It will also allow plenty of clearance when the parks personnel bring in their
mowing equipment.
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Mayor Carpenter recognized Councilmember Fowler who asked what the rationale used by
staff was because we selected the highest bidder instead of the lowest bidder. Mr.
VanZandt replied we only had two bids and there was a dramatic difference in their bid
amounts so they asked each contractor for additional information as well as examples of
other similar work they had done for other customers. In the end, staff felt the lower bidder
was not really bidding on the Class II pruning job we needed done, but had in mind a
different/lesser delivery product. Austex, on the other hand, provided us with samples of
the kind of job we are wanting and provided customer names as references.
Mayor Carpenter pointed out to the audience that while the Tree Mitigation fund has a
$500,000 balance, these funds are restricted and can only be used for certain uses and this
is one of those uses.
Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by
Councilmember Thompson to approve Resolution No. 15 -R -44. The vote was
unanimous, with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, and
Thompson voting for, no one voting no. Councilmember John was absent. Motion
passed.
5. Ordinance No. 15 -D -16 — Consideration and /or action approving an Ordinance
Prohibiting the use of Hand -Held Mobil Communication Devices and Portable Electronic
Devices while operating a motor vehicle by adding Article X to Chapter 86 of the City
Code of Ordinances of the City of Schertz, Texas, providing for a fine of up to $200.00
per violation, providing an effective date, and other matters in connection therewith. (D.
Wait/M. Hansen/M. Casas) (First Reading)
The following was read into record:
ORDINANCE NO. 15 -D -16
AN ORDINANCE PROHIBITING THE USE OF HAND -HELD MOBILE
COMMUNICATION DEVICES AND PORTABLE ELECTRONIC DEVICES
WHILE OPERATING A MOTOR VEHICLE BY ADDING ARTICLE X TO
CHAPTER 86 OF THE CITY CODE OF ORDINANCES OF THE CITY OF
SCHERTZ, TEXAS, PROVIDING FOR A FINE OF UP TO $200.00 PER
VIOLATION, PROVIDING AN EFFECTIVE DATE, AND OTHER MATTERS IN
CONNECTION THEREWITH
Mayor Carpenter recognized Councilmember Azzoz who stated we have discussed this
before and he has recently visited with other law enforcement agencies, and every one of
them are absolutely in favor of passing an ordinance to outlaw texting and driving - period.
Driving is not a constitutional right, it is a privilege. This is important to him and he
personally knows of three people who have suffered losses and will not see their loved ones
again. The state legislature this year failed to pass this (Senate Bill 80). There is a lot of
lobbying behind that. Other states have passed it and they have been successful and
subsequently their accident rates went down. He gave a personal example of a driving
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incident that he avoided earlier this week because he was focused on his driving and paying
attention to the road and what was around him. He just wants everyone to arrive home safe.
Mayor Carpenter recognized Councilmember Fowler who stated he has been hearing lately
a lot of news stories of pedestrians being hit on the side of the road because someone
weaved at the wrong time due to a distraction. He doesn't see that it is of any benefit to us
to say even in 5 years from now that we had a child that was maimed or killed due to a
driving distraction, which could very well be texting. There is no need for it. TxDOT has
put out a lot of signs already of `Don't Text and Drive'. For the sake of our citizens, he
feels he has to vote in favor of this.
Mayor Carpenter recognized Mayor Pro -Tem Edwards who stated if we are only talking
about devices, he thinks there needs to be more included. He gave several examples, such
as changing the radio station, drinking out of a cup, putting on makeup, reading a book,
looking at the dash in any form or fashion; you are still distracted in driving. He cannot say
it was because of the handheld device. He can say you were certainly distracted and driving
your vehicle in an unsafe manner. We are all charged with responsibility when we get
behind the wheel of a vehicle. Distracted driving is distracted driving; you can't just say it
is for hand held devices.
Mayor Carpenter recognized Councilmember Thompson who asked Chief Hansen if he
was aware of any Texas state law that prohibits texting while driving. Chief Hansen said
that there were none other than while driving in a school zone. Councilmember Thompson
asked whether there were any Texas state laws prohibiting distracted driving (i.e. putting
on makeup, reading, changing clothes, etc.). Chief Hansen said the only one that touches
on that is the one that prohibits a television receiver device in view of the driver.
Councilmember Thompson asked for confirmation that this proposed ordinance focuses on
the electronic device but not on additional distracted driving. Chief Hansen confirmed that
was correct.
Mayor Carpenter recognized Councilmember Azzoz who asked the Chief if he thought this
was a good idea. He said yes.
Mayor Carpenter recognized Councilmember Thompson who asked why the fine was set
so low at $200.00. City Attorney Charles Zech stated it was because of state law.
Mayor Carpenter recognized Councilmember - Azzoz who moved, seconded by
Councilmember Fowler to approve Ordinance 15 -D -16 on first reading. The vote was 3-
1, with, Councilmembers Fowler, Azzoz, and Thompson voting for, Mayor Pro -Tem
Edwards voting no. Councilmember John was absent. Motion passed.
Mayor Carpenter stated he reserved his comment(s) until after Council had a chance to
vote. He thinks Councilmember Edwards has it correct; reading, eating, putting on
makeup, talking, fighting, disciplining, sleeping, being under the influence of alcohol or
non - prescription drugs can all be distractions. He thinks that limiting this ordinance to
mobile communication devices is irresponsible and leaves too many things to chance. He
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feels council should reconsider this in the very near future and take a look at having a
general distracted driving ordinance if that is the way they see things. He stated that
current research is still inconclusive as to whether passing any ordinance increases or
decreases the number of accidents. Given that information, he feels it is irresponsible to
have passed this ordinance in its current form. His last comment is that one of the things
we have talked about in this city is `regulating' — an example being smoking. Depending
on what source you look at, the number of deaths per year is between 40 and 50
thousand. Looking at multiple sources about cell phone accident deaths, the data shows
the number of deaths is between 2,600 and 5,000. Smoking deaths are a much larger
number and yet we have chosen not to ban that in this city. Now we are banning
something of a much lesser problem. Also how can you tell from a distance what
someone is doing with their phone, whether they are texting, talking, or simply holding it
and rubbing the glass. So how are our officers going to be able to make an accurate
determination?
Roll Call Vote Confirmation
Deputy City Secretary Donna Schmoekel provided the roll call vote information for agenda
items 1 through 5.
Requests and Announcements
6. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
No further announcements were provided.
7. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
Mayor Carpenter recognized Councilmember Thompson who stated he would like staff
to draft a distracted driving ordinance that would include far more items and would
encompass the cell phone but also include the many other things we have talked about in
a way that leaves flexibility for our police but also protects our drivers. Since this is a
difficult task, no specific timeline is being asked for but he thinks the greater concern of
distracted driving does need to be addressed.
Mayor Carpenter recognized Mayor Pro -Tem Edwards who asked if we had any
ordinances on the books right now that addresses prohibiting people from walking on FM
3009. Chief Hansen stated if they are impeding traffic or walking in the wrong direction,
then that would be a violation of traffic.
8. Announcements by Mayor and Councilmembers
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• 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 stated that last Saturday morning he attended a meeting at the
Veterans of Foreign Wars (VFW) on Austin Highway in San Antonio and the
Military of the Purple Hearts has invited the City of Schertz to be a Purple Heart City.
We have a copy of a letter inviting us to do so. He asked that on next week's agenda
we add an item for discussion and potential action for Schertz adopting a resolution
to become a purple heart city. He will have more details at that time. This is a great
way for us to show our support for the military and in particular for those who have
been injured in active duty or combat action or paid the ultimate sacrifice.
Adiournment
Meeting was adjourned at 6:50 p.m.
Michael R. Carpenter, Mayor
ATTEST:
Donna Schmoekel, Deputy City Secretary
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