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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: 6 -09 -2015 Minutes Page - 1 - • 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 6 -09 -2015 Minutes Page - 2 - 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 6 -09 -2015 Minutes Page - 3 - 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) 6 -09 -2015 Minutes Page - 4 - 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.). 6 -09 -2015 Minutes Page - 5 - 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. 6 -09 -2015 Minutes Page - 6 - 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 6 -09 -2015 Minutes Page - 7 - 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 6 -09 -2015 Minutes Page - 8 - 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 6 -09 -2015 Minutes Page - 9 - • 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 6 -09 -2015 Minutes Page - 10 -