07-28-2015 MinutesMINUTES
REGULAR MEETING
July 28, 2015
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on July
28, 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 Pro -Tem Cedric Edwards
Councilmember Jim Fowler
Councilmember Daryl John
Staff Present:
Executive Director Brian James
Executive Director Bob Cantu
Bond Attorney Jeff Kuhn
Mayor Carpenter was absent.
Call to Order
Councilmember Grumpy Azzoz
Councilmember Robin Thompson
City Manager John Kessel
Executive Director Dudley Wait
City Attorney Charles Zech
City Secretary Brenda Dennis
Mayor Pro -Tem Edwards called the meeting to order at 6:00 p.m.
Opening Prayer and Pledges of Allegiance to the Flags of the United States and the State of
Texas (Minister Allen Green)
Minister Allen Green, Resurrection Baptist Church provided the opening prayer followed by the
Pledges of Allegiance to the Flags of the United States and the State of Texas.
Mayor Pro -Tem Edwards stated that this evening we have several individuals here wishing to
speak on agenda item 9 and he will be moving the order around.
Mayor Pro -Tem Edwards moved to the consent agenda.
Consent Agenda Items
1. Minutes - Consideration and/or action regarding the approval of the minutes of the
Regular Meeting of July 21, 2015. (J. Kessel/B. Dennis)
2. Ordinance No. 15 -F -17 — Consideration and/or action approving an Ordinance and
adopting new regulations regarding the collection and disposition of Solid Waste and
Recyclable Material in the City. Final Reading (D. Wait/J. Bierschwale /J. Hooks/D.
Letbetter)
The following was read into record:
ORDINANCE NO. 15 -F -17
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, REPEALING AN ORDINANCE OF THE CODE OF ORDINANCES OF
THE CITY OF SCHERTZ AND ADOPTING A NEW ORDINANCE WITH
UPDATED PROVISIONS REGARDING THE COLLECTION AND
DISPOSITION OF SOLID WASTE AND RECYCLABLE MATERIAL IN THE
CITY; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE
3. Ordinance No. 15 -F -18 — Consideration and/or action approving an Ordinance Granting
Cibolo Waste Incorporated, DBA Bexar Waste Inc., a Franchise for Municipal Solid
Waste Collection, Recycling, and Household Hazardous Waste Collection and Disposal
Program. Final Reading (D. Wait/J. Bierschwale /J. Hooks/D. Letbetter)
The following was read into record:
ORDINANCE NO. 15 -F -18
AN ORDINANCE GRANTING CIBOLO WASTE INCORPORATED, DBA
BEXAR WASTE INC., A FRANCHISE FOR MUNICIPAL SOLID WASTE
COLLECTION, RECYLING, AND HOUSEHOLD HAZARDOUS WASTE
COLLECTION AND DISPOSAL PROGRAM; IMPOSING PROVISIONS AND
CONDITIONS RELATING TO THE EXERCISE OF SAME; AND PROVIDING
FOR PENALTIES NOT TO EXCEED $2000 FOR VIOLATION THEREOF;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT WITH THIS ORDINANCE.
Mayor Pro -Tem Edwards recognized Councilmember Fowler who moved, seconded by
Councilmember Azzoz to approve the consent agenda items 1 through 3. The vote was
unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John
and Thompson voting for, no one voting no. Motion passed.
City Events and Announcements
• Announcements of upcoming City Events (B. James/D. Wait/B. Cantu)
Mayor Pro -Tem Edwards recognized Executive Director Brian James who provided the
following announcements:
• Thursday, July 30, NE Methodist Hospital 30th Anniversary Luncheon, 12412 Judson
Road, 10:30 a.m. News Conference — 11:00 a.m. Lunch, RSVP by calling 210 -575-
0355.
• Friday, July 31, Chamber Ribbon Cutting — Painting with a Twist, 8206 Angora
Parkway, Suite 100 (Forum) 4:00 p.m.
• Saturday, August 1, City of Marion Sausage Supper, St. John's Lutheran Church, 606
S. Center Street, 9:00 a.m. -11:00 p.m. Events include a parade, trade days, meals,
games, bingo, auction, live music & dancing.
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• Friday, August 7, 2015, Schertz Senior Sock Hop, Schertz Civic Center, 7:00 p.m. to
11:00 p.m., live music, casino games, heavy hors d'oeuvres — cash bar, Tickets can be
purchased in advance at the Senior Center, Schertz Chamber of Commerce $25
each/$35 at the door. Wear Your Coolest 50's Attire, more information go to
schertzseniors. org.
• Saturday, August 15, Schertz Idol Finale, Crosspoint Church, 5:00 p.m.
The City of Schertz will be holding its' General Election on November 3, 2015 for the
purpose of electing Council Members in Place 3, Place 4 and Place 5.
Any candidate desiring to have his or her name on the official ballot shall, no later than
August 24, 2015 by 5:00 p.m., file with the City Secretary an application in writing
requesting that his or her name be placed on the Official Ballot. The term of office for
said vacancies will expire November 2017.
Candidate packets are available in the City Secretary's office or can be found online at
www.schertz.com.
• Announcements and recognitions by City Manager (J. Kessel)
Mayor Pro -Tem Edwards recognized City Manager John Kessel who read an email he
received from Cyndi Pressler, Legacy at Forest Ridge Assisted Living Community who
stated their construction is moving along and they are looking forward to opening in a
couple of months. She stated that she wanted to pause for a breath of air and extend a
hearty "Thank You" to many of the staff in various departments of the City. She stated
that since November 2014 she has had many opportunities to participate and interact with
a variety of citizenry here in Schertz beginning with the Chamber of Commerce, Schertz
Magazine staff, city planning officers and more. While everyone has been nothing short
of generous with their welcoming attitude, supportiveness in time, information and
guidance, there are some who have and continue to stand out in their efforts to help with
building bridges and navigating challenges. One highlight of her experience was her
interaction with Executive Director Brian James and specifically Permit Expediter
Michelle Sanchez.
Hearing of Residents
• No one spoke under hearing of residents.
Workshop
• Presentation and discussion regarding the Class & Compensation Study prepared by
Evergreen Solutions. (J. Kessel/J. Ling)
Mayor Pro -Tem Edwards recognized Executive Vice - President Jeff Ling with Evergreen
Solutions who provided a PowerPoint presentation regarding the summary of results of
the Classification and Compensation Study answering questions from Council:
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Agenda:
• Study Process & Timeline /Outreach Summary /Current Assessment
• Compensation Philosophy /Implementation Plan
• JAT & Market Survey Methodology and Results
• Proposed Pay Plan
• Position Grade Assignments (Slotting Methodology)
• Implementation Options, Costs and Strategy
• Recommendations
Study Process & Timeline:
• Conducted kickoff meeting & finalized project work plan (2/25)
• Conducted Outreach and gathered relevant material from the City (3/9)
• Identified market peers and benchmarks (4/21)
• Employees completed JATs (Job Assessment Tool) and results were analyzed and
presented (5/28)
• Presented JAT and Market Salary Survey Presentation (6/3)
• Conducted external labor market survey and provided results (6/5)
• Compensation Philosophy Finalized (6/20)
• Preliminary Solution File Submitted (6/25)
• Final Solution File submitted (7/20)
• Draft Final Report Submitted (7/20)
• IstPresentation to Council & Employees (7/28 —7/31)
• Final Presentation to Council (8/4)
Outreach Summary:
• Employees generally enjoy working for the City.
• Concerns expressed concerning compression of salaries in some pay ranges and
recruitment and retention issues.
• Some expressed that job classifications were outdated and there needed to be
more levels to allow for advancement.
• Overall benefits were satisfactory but high cost of family health insurance is a
major concern.
• Performance Evaluations are felt by some to be inconsistent across departments
and need to be conducted on a more timely basis.
Current Assessment:
• City currently has one pay plan for all employees.
—Step Plan with 56 pay grades, only 31 of which are occupied. Each pay grade
has 15 steps. The range spread across the ranges is 32 percent and there is four
percent progression at midpoint.
• High number of employees at minimum of pay ranges -26.5 percent and very low
at maximum: 2.5 percent.
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• Salary compression issues may reside due to the high percentage of salaries (87.5
percent) below the midpoint of their respective pay grades.
• Average class time in each quartile 3.0, 5.6, 5.1 and 9.5 is irregular but overall
sees a normal progression.
Compensation Philosophy:
Summary of Council's Resolution:
—City will provide competitive and sustainable wages while balancing other work
related factors.
— Continue emphasis on pay for performance yet be mindful of fiscal
responsibility.
— Maintain internal equity and be transparent in reference to pay structure and
processes.
— Employee growth and engagement are primary drivers for retention.
Implementation Plan:
Summary of Council's Resolution:
—City will conduct a fall study at regular intervals.
—City will award merit pay increases based on annual performance evaluations.
—City will balance annual merit increases with Cost of Living Adjustments when
possible.
—City will communicate all aspects of compensation process to employees.
Implementation First Steps:
Summary of Council's Resolution:
—lst Goal -City will adjust compensation of employees with lagging wages.
—2nd Goal —City will provide a balance between compensation and strategic
staffmg levels.
—3rd Goal -City will ensure internal equity and maintain competitiveness with
external market.
—4th Goal -City will provide meaningful and competitive benefits and
communicate compensation processes to employees.
JAT Summary and Results:
• Large majority of employees completed JATs: 330 representing 158
classifications.
• Management Issue Tools (MITs) were completed for 13 different positions.
• Classification changes were recommended for 13 different positions.
• High correlation between employee scores and midpoints of salary ranges.
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I
Survey Methodology:
• Collected Salary and/or Benefits Data from 21/26 agencies identified as targets.
• Peers chosen for similar size, general proximity and comparable economic
characteristics and some for EMS positions only.
• 70 of City's positions were surveyed as Benchmark Positions.
• Average number of responses per position was 7.7.
• Highest response rates were received for Animal Control Officer and Patrol
Officer with 15 responses.
PEER TARGETS
SALARY
BENEFITS
City of Austin
X
Average Peer
City of Boerne
X
X
City of Cedar Park
X
X
City of Conroe
X
X
City of Georgetown
X
City of Kyle
X
City of New Braunfels
X
City of Pflugerville
X
X
City of Round Rock
X
X
City of San Antonio
X
City of San Marcos
X
X
City of Seguin
X
X
City of Selma
X
City of Temple
X
Comal County
X
Guadalupe County
X
Travis County
X
Washington County
X
X
New Braunfels Utilities
X
X
San Antonio Water
System
X
San Marcos Hays County
EMS
X
Survey Results:
• The City's data were compared to the 45th percentile market median and adjusted
for Cost of Living.
• Overall the City is below at Minimum, Midpoint and Maximum of salary ranges
at the 45" percentile.
Current Assessment
Average Percent Difference
Range
Average Peer
Market Data Minimum Midpoint Maximum
Spread
Per Position
Overall Average -4.8% -9.0% -12.4%
44.4%
7.7
Outliers Removed* -6.4% -10.1% -13.3%
43.0%
8.9
*Note: Positions with fewer than five responses were removed.
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• If City implements proposed plan it is predicted that the ranges will be above the
market Minimum, Midpoint and Maximum at the 45th percentile market median.
Post Implementation
Average Percent Difference _
Market Data Minimum Midpoint Maximum
Overall Average 2.8% 4.9% 6.1%
Benefits Summary:
• Number of Health Plans offered —City offers two higher than the peer average of
1.7.
• City contributes a lower than average percentage towards the dependent portion
of premiums for employee -plus- dependent and employee - plus - family coverages.
• The deductibles paid are lower in Schertz.
• Sick and Vacation Time — Maximum accrual rates and amounts allowed to
rollover to next year are much higher in Schertz.
• The City's offering of Certification Pay for Police, Fire, EMS and Public Works
is consistent with those that are offered by its peers.
Proposed Pay Plan:
Plan Comparison
# of
# of Occupied # of Range Midpoint
Grades Grades Steps Spread Progression
Plan Structure
Proposed Step Plan 50 42 20 46% 4.0%
Current Step Plan 56 29 15 32% 4.0%
• New plan increases number of steps and widens range spread to compensate long term,
high performing employees.
• Recommended pay grade assignments resulted in more occupied grades.
• Minimum of current pay grades remain the same; the midpoints and maximums increased
due to increased range spread.
Slotting Methodology:
• Positions were grouped into Job Families, each with at least one benchmark position.
• Job families received pay grade adjustments based on the average of its benchmarks'
market differential.
• Additional pay grade changes were made to account for necessary internal equity changes
identified by the JATs.
• Positions with retention and recruitment issues were addressed next to ensure proper
adjustment to meet the market.
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• Upward grade adjustments were projected over a four year time frame to meet the fiscal
constraints of the City and ensure that the furthest behind are addressed first.
Implementation Option:
Implementation Option
Description
Bring to Current Step
Whichever current numerical step
employees occupy in the current range,
they are then placed at this step in their
proposed range.
• Group Priorities based on Job Families and retention/recruitment issues were considered
first for grade increases.
• Overall Grade increase was determined to meet market at the 45th percentile.
• Grade increases were stretched over four year time frame.
• Grade increases were calculated to fit precise step amounts of new pay grades.
Implementation costs:
• Costs include salary only, benefits not factored in.
• No employees receive a reduction in salary.
To Bring to Current Step:
One Time Implementation cost: $1,705,398,62
Year 1 Year 2 Year 3 Year 4
Market Differential Being Primary adjustment factor: $643,923.73 $384,268,95 $382,012.41 $295,193.53
Recruitment/Retention Emphasis being primary
Factor, Market differential secondary: $647,957,43 $434,473.63 $327,774.03 $295,193.53
Implementation Strategy:
First implementation schedule aligns with the City's stated compensation philosophy of
addressing market lagging positions first.
Second implementation option emphasizes immediate concerns regarding difficult to
recruit/retain positions.
A one -time immediate implementation option addresses both set of concerns.
Additional Recommendations:
• Select positions /employees require reclassification based on JAT results.
• That the City explore the feasibility of increasing its contribution rates to dependent
premiums so that its percentages of cost sharing are more similar to its peer cities.
• Conduct localized salary survey of market peers at regular interval throughout the year to
keep its desired pace with the ever - changing market conditions.
• Conduct a comprehensive classification and compensation study every three years.
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Summary:
• When compared to the competitors market data; Schertz currently lags their peers by a
considerable margin.
• After minor adjustments, the current structure of positions within the pay plan addresses
internal equity and employees are compensated fairly in comparison to their placement
on the job worth hierarchy.
• By implementing these strategies the City will enhance recruitment activities, improve
retention and improve employee morale.
Mayor Pro -Tem Edwards stated that Dr. Ling had made some very interesting observations: you
said this is an extremely rare team caring organization, you mentioned the transparency and the
impactful nature in which our employees and management work together; their engagement.
You stated that the staff had the city's best interests at heart. These are the pros. You also
mentioned some cons which were compression, recruitment, and retention. You stated that in
every compensation study that you perform, it states that individuals want more money.
Mayor Pro -Tem Edwards stated that you mentioned something about the discipline of each one
of those positions that maybe some of the management was tougher on some of their evaluations
of some of those particular employees; would that be due to some of the inter - disciplinary things
that they have with their specific job title, i.e., fire chief, engineer, police officer; they have
interdisciplinary things that are much more stringent.
In answer, Dr. Ling stated that was a very good point. The employees did not elaborate what
their perception was in that regard; however, you have identified one of the most common
reasons. If you work in a high capacity where there is a high potential risk to human life or when
you work in a capacity where the consequence of the error is quite great, if you make a mistake
on a construction project or even make a mistake in going into a home in rescuing someone, that
consequence of error typically results in the area that you work, being influenced that you have
to be perfect or close to perfect as possible because that is part of what we owe the public. So,
yes in those cases it would be related to the job title. As a hypostasis, different managers have
different levels of acceptance, different thicknesses of skin in regards to giving individuals bad
news. So what we find is if someone has a hard time with giving bad news or being someone
that is hard in regard to performance it makes a change on the part of the individuals. They see
in surveying, not Schertz, but all around the country, that a big component is not only how it
relates to the type of job but also as it relates to the level of training and personality type of the
manager.
Mayor Pro -Tem Edwards thanked Dr. Ling for providing a dose of reality and getting this down
to a science and stated that they have had numerous workshops where they have sat down and
discussed these areas. Mayor Pro -Tem Edwards stated that Dr. Ling will be around for a while
and should anyone have questions to please contact him.
Mayor Pro -Tem Edwards recognized Councilmember Azzoz who stated that Dr. Ling made
some valid points; we all know we are lagging on our pay. He asked from the employees that
were surveyed did he know if they were still working here and does he know if they left due to
pay issues since February. Dr. Ling stated that he has no doubt that this has occurred and they
do not have a listing of those employees. He is not basing that on anything specific to Schertz,
but rather from his experience of working with other municipalities throughout the country. This
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year has been a good year for other job opportunities among jurisdictions that pay more. We
have seen a lot of movement of local government employees; however, he will add that the
employees did mention in some of the focus groups that as the economy turns if the City of
Schertz is not responsive they will be seeking employment elsewhere. We did not validate from
February to July if those things occurred.
Councilmember Azzoz stated that to sum it up, in the Metrocom area including San Antonio and
Austin, we are below market. Dr. Ling answered, yes.
Mayor Pro -Tem Edwards recognized Councilmember Fowler who stated that he was intrigued
when you said we are competitive in the area but at the same time we are below market. There is
an implication there, that around us, we all are below market. Councilmember Fowler asked if
when we are talking about competitive, are we wage competitive or job competitive?
Dr. Ling stated that in reference to that question the City is competitive on benefits. The City is
better placed in that market than salary alone. If you look at the benefits you fall similar to your
peers with that exception that he shared earlier in regard to the dependent coverage premium.
You do have more accruals in regard to vacation and sick leave, and you also have two (2)
options to the health plan. It's not that they equal each other out but you are more competitive in
a number of benefits in the benefits categories. He stated that on salary you have some jobs that
are at market rate and those would be competitive versus your local peers, but you have many
more that are not.
He stated in looking at the survey results and as you go through the report we have several tables
that show this is where the classification or job would be versus the market. You will find some
that are a positive number, or that you are a little ahead, and there will be others that will be a
zero that states that you are at the 45 percentile with those peers, and those that are negative will
be behind. Among those that are positive or zero you would be considered competitive in those
cases; among the negatives you would be considered behind. The benefits you offer assist you
among those that you are behind on in salary to make you a little more competitive, but overall
combined salary and benefits together as a group you are still far enough behind that you
wouldn't be considered competitive overall. You have components, and he would reserve the
word competitive to the benefit side
Mayor Pro -Tem Edwards recognized Executive Director Brian James who stated that
Councilmember Azzoz asked a question regarding our competiveness relative to not San Antonio
and Austin but the Metrocom, and perhaps Dr. Ling did not know what the Metrocom cities
were. Mr. James provided a list of peer cities. Mr. James stated the list of peer cities we
measured ourselves against, and one of the things that we have talked about in the past and while
we often in the past compared ourselves to the Metrocom cities, Selma, Converse, Universal
City, Kirby, Cibolo and others, certainly not bad comparisons, what staff would tell you and
have discussed is raising the bar and raising expectations of performance, we talk about other
cities. When we tell departments have you gone and talked to them, we are now saying have you
gone and talked to New Braunfels, Georgetown, etc., have you gone and talked to the other cities
outside the Metrocom and with this study cities like New Braunfels, Georgetown, Pflugerville
etc., is who we looked at. Because we did not compare ourselves with the Metrocom cities we do
not know how we stack up against them. When we picked the cities for comparison we asked
ourselves who do we want to be like and those are the cities that were listed earlier in the
presentation. Just to clarify we do not have a measure against the Metrocom cities because we
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raised the bar on who we are comparing ourselves to which included: City of Austin, City of
Boerne, City of Cedar Park, City of Conroe, City of Georgetown, City of Kyle, City of New
Braunfels, City of Pflugerville, City of Round Rock, City of San Antonio, City of San Marcos,
City of Seguin, City of Selma, City of Temple.
Mayor Pro -Tem Edwards recognized Councilmember John who expanded on the above
information stating that $1.7 Million is a large number and it sounds like we are doing horrible.
Is there a way to pull out those other cities and do a smaller comparison? He doesn't see how we
are going to compete with San Antonio and Austin.
Councilmember Azzoz stated that he agrees with Councilmember John and that is why he
brought up the point that our competitor is San Marcos, Seguin, New Braunfels and Selma, and
when he hears we are losing our staff, we are losing them to those cities. He stated that we are
losing employees to these cities and agrees with Councilmember John that we do a smaller
comparison. Councilmember John again asked is there a way they can reduce the cities.
Dr. Ling stated the -short answer is yes. He stated that you have a listing in the PowerPoint
presentation of all the cities that responded. The market could be changed based on the
advisement of the Council or some other methodology. He would reiterate though that given
where you are at and the commuting distance you have to some of these cities, someone could
still go to work in San Antonio. San Antonio is not a prohibitive drive, recognizing that you do
not have the resources of San Antonio. He stated that as you go north and they went to Travis
County and beyond going into Georgetown, the survey has cities north of Austin and we could
take your group or a group that is within a smaller distance draw a circle and look at how the
results would change based on that. The data that was provided to them was from the individual
respondent. It's not a data base that we do not know you said what; we do have responses from
each of the individual jurisdictions.
Councilmember John stated that it is good to have bigger goals; the immediate goals are going to
be close to home or cities of our size and our population as a comparison to be able to bring them
up to par with our averages.
Mayor Pro -Tem Edwards recognized Councilmember Thompson who stated that Dr. Ling
mentioned at one point that when you exclude the outlier cities, what were those outlier cities
that were excluded? In answer, what was meant by removing the outliers is those respondents
we got fewer than five (5) responses from. It was those that just didn't respond and they didn't
exclude any cities.
Mayor Pro -Tem Edwards recognized City Manager John Kessel who responded briefly to the
comments by Councilmember John. It is important to look at goals that are certainly a stretch for
us. When we are a city of 50,000 we are going to have to be recruiting from other cities that are
also at that size. We will be growing to 75,000 at our in population.. If we are not keeping up
with these larger cities then we are going to fall behind in our ability to recruit over time. The
employees that we hire now are going to be our five and ten year seasoned veterans when we get
to 50,000. One of the challenges we have in the San Antonio area is very different, for example
from the Austin, Houston and Dallas area as we are basically the second largest suburban city.
Everyone else that is not San Antonio is who we are having to recruit from because they don't
have experience in a larger city. If we want to hire someone who has experience doing what we
are going to become then we are going to have to recruit them out of the City of San Antonio.
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We are not so worried about employees going back there, but how do we get that individual to
leave San Antonio and come to Schertz. How do we get individuals to come from these other
areas. The large number you saw at the beginning is if we did that as a one -time process, which
you also have a'very manageable step into those numbers that we can afford on an annual basis.
It is a stretch, but we can move into that position. He would make the strong argument that if we
don't take those steps today, when we are 50,000 that number will probably be double. There is
not a way at that point for us to go ahead and move that far in a single year or even in a series of
years, and our hiring consequences five and seven years from now will be very extreme.
If we think we are losing people today at too high a rate or having trouble today not hiring, five
years from now it will be much worse. Staff would never present a plan that we could not afford
within our existing tax structure or that would challenge u's beyond the ability to perform other
services. One of our tasks at the staff level is to say here is a number and how can we make it
work without that kind of an issue. He hopes that this is something that Council would have us
consider and bring back more information on how that would actually look and see if those
annual increases are more palatable then the one time big number. We would not recommend
doing this as a one -time expense; it would be too expensive for this community at this time.
Mayor Pro -Tem Edwards recognized Councilmember Azzoz who thanked staff for the report and
just to answer concerns and to Councilmember Johns comment when he says 1.7 million is a
horrible number; in a nutshell we are doing horrible. When he looks at the early start option plan
they provided, actually the money we have since February, we could have disposed of it since
February, that money we do have. $338,000 was budgeted. This is a good tool and we can start
from there, the 1.7 million would be extremely difficult. If we would have started in February
we would have been closer.
Discussion and Action items
4. Ordinance No. 15 -E -22 — Consideration and/or action approving an Ordinance calling a
General and Special Election to be held in the City of Schertz on November 3, 2015 for
the purpose of electing Councilmembers for Places 3, 4 and 5 and calling a Home Rule
Charter Amendment Election to be held in the City on such date; making provision for
the conduct of the election; authorizing contracts with the Elections Administrators of
Bexar and Guadalupe Counties to conduct this election; authorizing the election to be
held as a Joint Election. First Reading (B. Dennis /C. Zecb/Council)
The following was read into record:
ORDINANCE NO. 15 -E -22
AN ORDINANCE CALLING A GENERAL AND SPECIAL ELECTION TO BE
HELD IN THE CITY OF SCHERTZ ON NOVEMBER 3, 2015 FOR THE
PURPOSE OF ELECTING COUNCILMEM 3ERS FOR PLACES 3, 4 AND 5 AND
CALLING A HOME RULE CHARTER AMENDMENT ELECTION TO BE
HELD IN THE CITY ON SUCH DATE; MAKING PROVISION FOR THE
CONDUCT OF THE ELECTION; AUTHORIZING CONTRACTS WITH THE
ELECTION ADMINISTRATORS OF BEXAR AND GUADALUPE COUNTIES
TO CONDUCT THIS ELECTION; AUTHORIZING THE ELECTION TO BE
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HELD AS A JOINT ELECTION;AND RESOLVING OTHER MATTERS
INCIDENT AND RELATED TO SUCH ELECTION AND DECLARING AN
EFFECTIVE DATE
Mayor Pro -Tem Edwards recognized City Secretary Brenda Dennis who introduced this
item stating City Council appointed a Charter Review Commission on November 18,
2014, made up of five (5) citizen members. The following members were appointed:
Mark Davis
Michael Dahle
Reginna Agee
Bert Crawford
Jana Volitis
The Charter Review Commission held its first meeting on December 10, 2014. The
Commission met 10 times over a six month period reviewing the entire Charter with the
specific goals:
On May 21, 2015, the Charter Review Commission delivered their report and
recommendations to City Council.
Mrs. Dennis stated the attached Ordinance calls the General and Special election on
November 3, 2015, for the City of Schertz for the purpose of electing Councilmembers
for Places 3, 4 and 5 and calling a Home Rule Charter Amendment Election. She stated
that the Ordinance also makes provisions for the conduct of the election with the Election
Administrators of Bexar and Comal County as well as provisions to conduct a joint
election with other entities thus holding down costs for the election.
Staff is recommending Council approve Ordinance No. 15 -E -22 on first reading calling a
General Election to elect Councilmembers in Places 3, 4 and 5, and a Special 19
Proposition City Charter election to be held on November 3, 2015.
Mayor Pro -Tem Edwards recognized Councilmember Azzoz who moved, seconded by
Councilmember Thompson to approve Ordinance No. 15 -E -22 on first reading. The vote
was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz,
John and Thompson voting for and no one voting no. Motion passed.
5. Ordinance No. 15 -E -23 — Consideration and/or action approving an Ordinance calling a
Bond Election to be held in the City of Schertz, Texas; making provision for the conduct
of a Joint election; and resolving other matters incident and related to such election. First
Reading (B. Dennis /Council)
The following was read into record:
ORDINANCE NO. 15 -E -23
AN ORDINANCE CALLING A BOND ELECTION TO BE HELD IN THE CITY
OF SCHERTZ, TEXAS; MAKING PROVISION FOR THE CONDUCT OF A
JOINT ELECTION; AND RESOLVING OTHER MATTERS INCIDENT AND
RELATED TO SUCH ELECTION
7 -28 -2015 Minutes Page - 13 -
Mayor Pro -Tem Edwards recognized City Secretary Brenda Dennis who introduced this
item stating On April 7, 2015, City Council appointed a Bond Committee consisting of
the following members as the Bond Committee:
Michael Dahle
Frank McElroy
Tim Brown
Fae Simmons
Maggie Titterington
Richard Dziewit
Ed Finley
Howson Lau
Barbara Hall
The Committee met during April, May, and June discussing possible ballot
considerations. On June 16, 2015, the Bond Committee recommended Council consider
the following projects: $8,000,000 Public Safety Facility; $7,000,000 FM 1103/FM 1518
street repairs, improvements; and $1,000,000 acquisition of Future Park & Recreation
Area(s).
On June 19, 2015, at their Mid - Budget Retreat, City Council directed staff to prepare two
general obligation bond propositions for the November 3, 2015 ballot.
Proposition 1: $7,000,000 General Obligation Bonds for streets (Primarily FM
1103 and FM 1518), bridges, and sidewalk improvements.
Proposition 2: $8,000,000 General Obligation Bonds for Public Safety Facilities,
including a New Fire Station.
The cost of the General, Special Charter and Bond election is estimated to be $39,802.50;
this estimate also includes publication costs.
Staff recommends Council approve Ordinance No. 15 -E -23 on first reading calling a
bond election.
Mayor Pro -Tem Edwards recognized Councilmember Azzoz who moved, seconded by
Councilmember Thompson to approve Ordinance No. 15 -E -23 on first reading calling a
bond election. The vote was unanimous with Mayor Pro -Tem Edwards,
Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting
no. Motion passed.
6. Resolution No. 15 -R -62 — Consideration and/or action approving a Resolution
authorizing the City Manager to execute a License Agreement with Stars Cheer &
Tumbling Academy for parking spaces located at 1298 Borgfeld Road. (B. Cantu/J.
Santoya/J. Kurz)
The following was read into record:
7 -28 -2015 Minutes Page -14 -
RESOLUTION NO. 15 -R -62
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING A LICENSE AGREEMENT WITH STARS CHEER &
TUMBLING ACADEMY, AND OTHER MATTERS IN CONNECTION
THEREWITH
Mayor Pro -Tem Edwards recognized Purchasing and Asset Manager Jessica Kurz who
introduced this item answering questions from Council. Ms. Kruz stated Stars Cheer &
Tumbling Academy, originally founded in 2003, is located on Borgfeld Road next to the
old Animal Services building. Due to a growing customer base, they have almost reached
capacity for their facilities (building and parking lot). For this reason, they have requested
use of the parking lot at the old Animal Services building to accommodate customer
over -flow parking. City management has met with the owner of Stars to discuss their
needs, and subsequently, City staff has drafted a License Agreement, which would grant
access and use of 23 City -owned parking spaces in front of the old Animal Services
building. The term of the agreement is five years, and will begin upon execution by the
City. The City will charge an annual license fee of $1,200, payable at the beginning of
each lease year, for a 5 -year total of $6,000. The lease amount was difficult to determine
since there is no demand for paid parking in this area. However, staff believes that the
proposed license fee is reasonable, considering that the City does not currently have use
for the parking facilities and this agreement will help promote sustainable growth of local
businesses.
Staff recommends that Council approve Resolution No. 15 -R -62, authorizing the City
Manager to execute a License Agreement with Stars Cheer & Tumbling Academy.
Mayor Pro -Tem Edwards recognized Councilmember Thompson who moved, seconded
by. Councilmember Fowler to approve Resolution No. 15 -R -62. The vote was
unanimous with Mayor Pro-Tem. Edwards, Councilmembers Fowler, Azzoz, John
and Thompson voting for and no one voting no. Motion passed.
7. Resolution No. 15 -R -63 — Consideration and/or action approving a Resolution
authorizing a contract with Hood Communications, Inc., for Phase One of the City
Wireless Network Project. (B. James/M. Clauser)
The following was read into record:
RESOLUTION NO. 15 -R -63
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING A CONTRACT WITH HOOD COMMUNICATIONS,
INC. FOR PHASE ONE OF THE CITY WIRELESS NETWORK PROJECT AND
OTHER MATTERS IN CONNECTION THEREWITH
Mayor Pro-Tern Edwards recognized IT Director Myles Clauser who introduced this item
answering questions from Council. Mr. Clauser stated that On June 29, 2012 the City
Council approved Resolution 12 -R -57 approving the proposed Master Communications
Plan. This plan offers a roadmap for creating a City -Wide network infrastructure using
7 -28 -2015 Minutes Page -15 -
both fiber optic and wireless networking technologies. The Master Communications Plan
was devised to support field personnel, upgrade communication channels to City
facilities, improve Public Safety operations, and provide network communications and
infrastructure for a planned public access channel designed to improve communications
and encourage citizen engagement.
On January 13, 2015, Council approved Ordinance 15 -T -03 to utilize $20,000 from the
PEG (Public, Educational, and Government) fund and $20,000 from the Water
Department fund in order to implement Phase One.
Staff prepared and posted the RFP for Phase One. This phase will provide fiber optic
connectivity from City Hall to the City -owned facility located at the Live Oak water
tower, and must be completed before implementing subsequent phases. Staff reviewed
and scored bids and is seeking Council's approval to move forward with Hood
Communications. Hood Communications is experienced and is currently hanging Fiber
on FM 3009 for AT &T.
Mayor Pro -Tern Edwards recognized Councilmember Fowler who moved, seconded by
Councilmember Azzoz to approve Resolution No. 15 -R -63. The vote was unanimous
with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and
Thompson voting for and no one voting no. Motion passed.
8. Resolution No. 15 -R -64 — Consideration and /or action approving a Resolution
authorizing an amendment of an agreement with Austex Tree Services, Inc. for tree
pruning services. (B. James /C. Van Zandt)
The following was read into record:
RESOLUTION NO. 15 -R -64
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING AMENDMENT OF AN AGREEMENT WITH AUSTEX
TREE SERVICES, INC. FOR TREE PRUNING SERVICES AND OTHER
MATTERS IN CONNECTION THEREWITH
Mayor Pro -Tem Edwards recognized Executive Director Brian James who introduced
this item stating that with approval of Resolution Number 15 -R -64, City Council
authorizes execution of a contract with Austex Tree Services for tree pruning and other
related services at City parks as part of routine park maintenance. The City entered into a
contract with Austex on June 2, 2015. The original contract identified three (3) City parks
that required `pruning services; Oak Forest Park, Woodland Oaks Park, and Cut -Off Park.
The scope of work included tree trimming, maintenance, removal, and repair.
This project was publicly bid using a Request for Proposals (RFP), which allowed the
City to select a contractor not only based on cost, but on qualifications and experience as
well. Austex was determined to be the best value selection based on the RFP criteria
including experience, qualifications, reputation, capability, past performance, experience
with other entities, experience with similar projects, available resources, and corporate
history and stability.
7 -28 -2015 Minutes Page - 16 -
Since execution of this contract, the City has identified an additional location which
( requires tree removal services, and has requested that this location be added to the scope
of work under the existing contract.
City staff is requesting that the following paragraph be included in the scope of work
under the existing contract:
Palm Park — 200 Block of FM 78
a. Removal of fallen hackberry tree on fence marked with orange tape, and removal
of large hazardous Pecan Tree also marked with orange tape located between HP
Printing and a daycare. All wood material, will be taken to the same location that
is being utilized for the present wood material recycling.
No other additional changes to the contract are requested. Staff recommends Council
approval of Resolution 15 -R -64.
Mayor Pro -Tem Edwards recognized Councilmember Azzoz who moved, seconded by
Councilmember Fowler to approve Resolution No. 15 -R -64. The vote was unanimous
with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and
Thompson voting for and no one voting no. Motion passed.
9. Ordinance No. 15 -C -20— Conduct a Public hearing and consideration and/or action
approving an Ordinance amending the Schertz Code of Ordinances, Chapter 18,
Buildings and Building Regulations, by repealing existing International Codes and
adopting new International Codes and adopting the revised Schertz Code of Ordinance,
Chapter 18, Building and Building Regulations. First Reading (B. James/M. Sanchez/G.
Durant)
The following was read into record:
ORDINANCE NO. 15 -C -20
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY OF
SCHERTZ CHAPTER 18, BUILDINGS AND BUILDING REGULATIONS BY
REPEALING EXISTING INTERNATIONAL CODES AND ADOPTING NEW
INTERNATIONAL CODES; PROVIDING FOR A PENALTY
Mayor Pro -Tem Edwards recognized Permit Expediter Michelle Sanchez and Chief
Building Official Gil Durant who provided a PowerPoint presentation with the following
highlights:
Project Overview Statement
• Adoption of the 2012 ICC Codes is necessary because we are currently working
under a code that was developed almost a decade ago.
7 -28 -2015 Minutes Page - 17 -
Industry standards have changed providing for implementation of new
construction practices and improvement in safety standards for the welfare of the
community.
By updating building codes, we will stay up to date with other cities; and because
builders are already accustomed to the 2012 codes, it increases the efficiency of
construction standards for the homeowner and the builder.
Code Comparison Benchmark Cities and Surrounding Cities
• New Braunfels — 2006 International Codes
• San Marcos — 2015 International Codes
• Temple — 2009 International Codes
• Georgetown — 2012 International Codes
• Pflugerville — 2012 International Codes
• Cibolo — 2015 International Codes
• Selma — 2012 International Codes
• Live Oak — 2015 International Codes
• Universal City — 2015 International Codes
• Converse — 2009 International Codes
• San Antonio — 2015 International Codes
Codes Proposed for Adoption
• International Building Code (IBC) 2012
• International Residential Code for One and Two Family Dwellings (IRC) 2012
• International Fuel Gas Code (IFGC) 2012
• International Mechanical Code (IMC) 2012
• International Plumbing Code (IPC) 2012
• International Property Maintenance Code (IPMC) 2012
• International Existing Buildings Code (IEBC) 2012
• International Swimming Pool and Spa Code (ISPSC) 2012
• International Energy Conservation Code (2009) *State Mandated
• National Electrical Code (2014) *State Mandated
th
• Manual of Cross Connection Control —10 Edition
• International Fire Code (IFC) 2012 will be adopted by separate ordinance
Process
Staff took a very different approach to amendments to the codes by asking for
input from numerous groups and hosting several public input meetings over the
last several months.
Schertz Chamber
Economic Development Corp.
Builders, Engineers, Sub - trades
Greater San Antonio Builders Association
Planning and Zoning Commission
7 -28 -2015 Minutes Page -18 -
Ms. Sanchez stated all groups provided beneficial feedback and up until two weeks ago,
staff was still making changes as a result of the builders and GSABA meetings and their
suggestions. They really appreciate input from all groups; and staff will continue to work
with the builders and GSABA on future code revisions and issues.
Workload & Catch -Up
Residential permit volume has increased tremendously with 117 permits being
received since May 1 to July 23; in comparison to the same period last year when
49 permits came in.
Permits issued for the same time period was 49 in 2014 compared to 103 this
year.
Ms. Sanchez stated at all these meetings, staff heard frustration from builders that it was
taking too long to review plans. Staff agreed. The upsurge in plans started in December
2014 with 48 plans received; and we were not prepared for that.
1. Had just hired anew Building Official
2. Had one position open for inspectors /plans examiners; added another
3. Entered into two contracts for plans examiners.
4. Allowed for staff overtime to review plans and enter permits. (Actually not allowed
but requested overtime)
5. Just hired a new inspector that started on Monday.
6. Have entered into two (2) contracts for inspection services.
As of today, there was one set of plans waiting for review; and comments have been
issued to builders on all plans received. 10 were returned by outside contractor; staff will
perform QC review tomorrow and we will be at a one (1) week turn around on plans that
came in 7 -21 & 7 -22. We are caught up thanks to Jim, Carl, Gil, Bernice, Debbie; Patti,
Bruce and Rudy. We are committed to maintaining this momentum. If another upsurge
occurs however, we may fall behind again; but we will be prepared on how to address it
and have processes in place.
New Process improvements have been created.
Goal is to provide a quality review and not compromise that for a quick turn-
Invited builders to show them how we review plans.
Creating a 100 point plan review checklist.
Tracking the review process of plans received from the applied date to the
issuance date.
Communicating the status of review to builders by phone and email.
Reorganization of department to concentrate on process improvements &
customer service.
Ms. Sanchez stated Armadillo, MI, David Weekly and Imagine Homes have all done a
great job to turn in plans with few to no corrections required. 100 point checklist by
inspectors marking up plans with notes; it makes the inspection process more efficient in
the field and there are fewer issues. There has been reorganization in the department
7 -28 -2015 Minutes Page -19 -
where she is the Permit Expediter who is tracking the status of projects and
communicating with the builders on where their plans are in the review and approval
process.
Issues
• Adopted many of the current local amendments but with a few changes.
Permit exemptions for residential one -story detached accessory structures less
than 120 square feet, and replacement fences, siding and arbors.
• GSABA's concerns:
Having residential plans stamped by design professional.
Having the design engineer on -site for foundation pour.
Sound Transmission Standards as part of the building code.
Ms. Sanchez stated that in regard to exemptions, staff felt that reviewing the accessory
buildings, replacement fences, siding or arbors didn't add value; and homeowners are
frustrated with the permit process; and although we appreciate comments by Mr.
Richmond, we felt that by exempting these types of permits we could concentrate more
on the new residential and new commercial and miscellaneous permit plan reviews. This
ensures that projects with safety issues (i.e., swimming pools /spas); and those that are
more technical in nature (room additions, remodels, flatwork, steel, energy efficient items
such as windows and solar panels) comply with code and inspection requirements. Met
with GSABA members and reviewed the ordinance on July 13 and 14; and came away
with a few changes and clarifications. They didn't take everything that was suggested.
1. Permit exemptions, they suggested exempting accessory structures of 200 feet or less.
Staff felt that having a storage shed the size of a one -car garage may be too big for a
standard backyard.
2. They felt the cost of having the design engineer on -site for the concrete pour raised
the cost of the home by $5,000 which is passed on to the homeowner. Staff feels that
the community has expressed the willingness to ensure their investment by supporting
this requirement. Staff is committed to working with GSABA over the next few
months and to report to Planning and Zoning by the end of the year.
3. Sound Transmission — staff used the study prepared for Camp Bullis and modified it a
bit to specify that habitable spaces located within a 65 Dba would have to comply
with interior construction requirements to minimize air traffic noise. Will monitor
implementation and revise as necessary.
Recommendations
Staff recommends adoption of Ordinance 15 -C -20 establishing new International
Codes as presented.
Proposed effective date — October 1, 2015
Ms. Sanchez stated that this would be implemented in October which will allow for
builders to fmalize current contracts, and did not want to create any problems for them or
the homebuyer by changing mid- stream with adoption in July. Plans received prior to
October 1 will continue under the 2006 codes. She thanked GSABA and to all the
7 -28 -2015 Minutes Page - 20 -
individuals that had input; it has made a positive difference in rolling out the new codes
and amendments.
The Planning and Zoning Commission reviewed the'changes proposed at their regular
meeting of July 22, 2015 and offered a recommendation of approval by a 511 vote.
Staff recommends that the public hearing be conducted and that the first reading of
Ordinance 15 -C -20 amending the Schertz Code of Ordinances, Chapter 18, Buildings and
Building Regulations by repealing existing International Codes and adopting new
International Codes and adopting the revised Schertz Code of Ordinances, Chapter 18,
Building and Building Regulations be approved.
Mayor Pro -Tern Edwards opened the public hearing and recognized the following:
• Mr. Jim Leonard, 401 Holland Ave, with GSABA who credited staff for the work
they have done in the last six days and for meeting and working with GSABA.
He also stated that they continue to work with staff and be_ lieve that the work
needs to continue before approving the ordinance as they are willing to be a
resource to the city.
• Ms. Liz Richtler, 211 Loop 1604, DR Horton who spoke on concerns with pulling
permits, permit problems and plan review process problems. She did indicate that
the recent changes have made the plan review process better.
• Mr. Jay McJunkin, 10806 Korbort Canyon, MI Homes who expressed concerns
regarding the size of submittal papers as compared to other cities. He also spoke
regarding the differences of the submittal plan documents and that each page has
to be signed by an engineer, stating the signatures come with a price. He credited
staff regarding the process changes.
• Mr. Chris Jurgens, 10422 Huebner Road, D. R. Horton Vice President of
operations who spoke on the problem of having a design engineer on site during
the concrete pour. He also addressed the size of the submittal documents. He
spoke regarding the cost to have an engineer on site for the concrete pour and
made his recommendations. He credited staff for the recent changes they have
made to the permit approval process. He requested Council vote no this evening
to allow staff to work with the group to come up with the proper
recommendations.
• Mr. Greg Asvestas, 12930 Country Ridge, MLAW Engineers, who spoke on
suggestions for submittal documents. He provided suggestions for R106.1.4
Submittal Documents. He spoke regarding the deflection criteria, ASCE
Guidelines, and foundation evaluation. He provided suggested changes regarding
the current City of Schertz Inspections making suggestions which consisted of-
eliminating the engineer at pre -pour, eliminate the rough grading letter from PE,
eliminate 3 day PE stud letter and eliminate the 7 day PE stud letter (second
floor). He thanked the staff for all their efforts and to GSABA for the work they
have put into this.
• Mr. Rick Bowman, 12303 Boneta Cove, PE with MLAW who expressed his
concerns for having a Design Engineer on site during the concrete pre -pour
stating that this person needs to be an expert on concrete.
7 -28 -2015 Minutes Page - 21-
• Ms. Maggie Titterington, Chamber President and homeowner who expressed the
desire to invite further talks with the groups before making a decision. She
supports the idea of further dialogue with the right people and groups. She
expressed her appreciation to Mr. James and Ms. Sanchez for working with
these groups. She stated as a homeowner she is pleased at how the City of
Schertz cares so much about how her house is built and has taken a lot of care and
thought. She stated that after the presentation tonight she believes and supports
further talks with the groups before a final vote is taken on this ordinance.
• Mr. Lee Randolph, 3920 Arroyo Del Sol, who addressed council with having the
engineers stamp on residential plans and the engineered frame document and a
separate engineers stamp on irrigation and landscape plans. He wanted to know
where some of the requirements came from. He also is against having an
engineer on site during the concrete pour.
• Mr. Tim Pruski, 26277 High Timber Pass, who addressed Council regarding the
sound continuation item stating that this should be in the UDC and not in the
building codes. He spoke about the JULIS requirement being more transparent
and that this should also be in the UDC or a separate ordinance and not in the
building code. He spoke about inconsistencies that are not finalized in the
document. On the IBC for permits it shows 45 calendar days for IRC and this
document has 45 days. We agreed to 45 calendar days and it is not in the final
draft that was submitted to them. He stated that staff is working with them and
recommend the city take their time and do it right.
• Mr. Joe Leos, 211 Loop 1604, who stated that he wanted to give his time to Mr.
Jim Leonard for final comments.
• Mr. Jim Leonard, 401 Holland Ave, who is with the GSABA organization who
addressed the Council providing his final comments. He stated that tonight
Council heard from experts in their field that put a lot of time and energy into
their work but also serving the community giving back and participating in the
group discussions. He stated he is glad to see the work advanced by staff and have
taken their comments seriously over the last several weeks and complimented
staff for working with them. He stated that as you have heard there are still
concerns moving forward with the ordinance and recommends Council table this
item to continue more dialogue.
• Mr. Ken Greenwald, 205 Westchester, who stated that the Planning & Zoning
Commission and Council and several staff members spent many months looking
for information on slabs. How do we check them, any kind of information, no
one stood up. We took our best guess and approved an ordinance and it has been
in existence for over two and a half years to require the engineer to be on site
during the concrete pour, and now it's a problem. Maybe this can be worked out
and believes that Mr. James can work out a solution. He stated that regarding the
sound continuation item, this needs to stay exactly where it is. Randolph is in the
process of changing and upgrading their T3 8's sometime in the future. The sound
continuation must be very carefully watched or we will not have Randolph Air
Force Base. The number of military out there is minimal its more civil service
now than you can imagine.
As no one else spoke, Mayor Pro -Tem Edwards closed the public hearing for Council
Comments.
7 -28 -2015 Minutes Page - 22 -
Mayor Pro -Tern Edwards recognized Councilmember Azzoz who asked Mr. James how
he would go about getting a permit processed.
Mr. James stated they accept them as a walk -in, a fax or e -mail. However, the
department does not have any unified permitting software like San Antonio is currently in
the process of getting. We are debating do we take big paper plans or small paper plans.
Councilmember Azzoz stated there is a cost involved which the customer is going to
absorb. Mr. James continued stating since we do not have an electronic avenue for
customers to submit plans they are unable to check the status of those plans; nor can our
staff review them electronically. We have a very labor intensive process because we
don't have that software. Staff would agree with you that there are things we could do in
terms of planning software, larger computer monitors, and building software to speed up
the process. Councilmember Azzoz recommended not making any decisions tonight and
send this item back to let staff work it out.
Mayor Pro -Tern Edwards recognized Councilmember John who asked if there were any
commercial builders who were contacted. Mr. James answered yes they did make contact
with some of those. who worked with us. He thinks on the commercial builders they have
already been wondering when we were going to move from the 2006 code to the 2012
code. So in terms of adopting the 2012 code we have not gotten any push back because
other communities are already using it. What you have heard are some process issues and
some local amendments. The local amendments seem to cause the most frustration such
as the requirement for the design professional (architect or engineer) to design that set of
plans for a residential home. Commercial code already requires that and they are already
used to that. In regard to foundations we tend to find on big commercial projects it is not
that much of a problem to have the engineer /designer out there when they pour the slab.
What the commercial folks would probably tell you is that the process needs to be
quicker and more consistent.
He stated most of what you have heard tonight are concerns on local amendments that we
have actually had in place prior to this adoption. The requirements for an
engineer /architect to be on the residential site when pouring the foundation is a local
amendment; but we haven't heard complaints from the commercial folks.
Councilmember John stated he has heard a lot of the comments and he is a bit reluctant to
move forward with this and feels there are a lot more issues to work through. However,
he is happy to hear the Inspections Department is getting caught up though.
Mr. James provided a brief explanation of the heavy workload staff has had to deal with
until some recent staff additions. However, there is a real issue of volume out there. We
are required to do a quality review and a timely turn around. We are trying to balance this
and continue getting better as we go forward. Councilmember John responded that we
are on the right track and council could maybe have a workshop to get this all worked
out, not take any action tonight and wait to get a bit more information.
Mayor Pro -Tern Edwards recognized Councilmember Fowler who stated he has heard a
lot tonight. He doesn't have a problem with us taking a look at these ACI inspectors. His
question to the gentlemen from the Greater San Antonio Business Association ( GSABA)
7 -28 -2015 Minutes Page - 23 -
is do all of you have ACI inspectors on your jobs? He agrees with Councilmember John
and thinks maybe we should have a workshop and get some more assurance to
understand what role and what authority the inspector has on these jobs.
Mr. James responded that we should keep in mind why we put in place the provision to
have the engineer present when the foundation is poured. One thing we heard over and
over again from the residents in the past was the frustration they had as they experienced
problems with their houses (some which were rebuilt). They were being told by the
engineer that he had designed a good foundation and the people pouring the foundation
said they also did a good job. So one accused the other of causing the issue; no one took
the blame. Every provision we passed was because of problems we heard of from
residents. However, we are still committed to a better solution if we discover one.
Anything we change, we may find ourselves back in our old situation. Councilmember
Azzoz, said he thinks we should look at this again; he is not in favor of an engineer
standing there watching a slab being poured and costing a resident more money.
Mayor Pro -Tem Edwards recognized Councilmember Thompson who stated he is in
favor of having a workshop between Planning and Zoning, GSABA, Planning and
Permitting and Council and work this out. He had a few questions. Can Planning and
Permitting come up with a few recommendations to Council as to ways they can be
empowered by Council to make changes?
Mr. James answered that staff can generally make some changes on a regular basis.
However, when Council passes an ordinance that says you have to have that residential
home sealed by an architect or engineer, if staff says okay you don't have to do it, then,
in effect the staff member, in this scenario, has no real authority because it is a
requirement per council's ordinance.
Councilmember Thompson also asked if there was a possibility of having a grandfather
option for plans already in progress or a 30 to 60 day directive that can be given to
homebuilders advising them of the upcoming change.
Mr. James answered sometimes they can phase things in. Councilmember Thompson
asked what percentage of the 2012 code is agreeable to virtually everybody and what part
is still in question to many people. Mr. Jim Leonard with GSABA stated they have no
issues with the code; rather it is simply the local amendments. The codes change every
three years and a lot of the issues brought up are in regard to health and safety. In the case
before us, the local amendments are amending the code up to a stricter level.
Councilmember Thompson agreed with the idea of having a workshop to discuss this
further.
Mayor Pro-Tem. Edwards stated he was here when we had the previous problems with the
Fairhaven Subdivision issues. There were numerous hours spent trying to figure out what
to do. It was ugly and there was a lot of media coverage. We sought out the avenues of
information and no one came forward. Tonight we had good information. We have to
protect the citizens. He asked how much time we have. He thinks we are operating with
an expired code.
7 -28 -2015 Minutes Page - 24 -
Mr. James answered stating they received a letter from the ISL rating service which is the
insurance service on the fire code ratings and they look at a variety of factors such as
what codes you are operating under. It hurts you if you have not updated yourself to the
more current codes. That letter prompted us to do this update and we have until the end of
August. We can call them and they may very well agree to give us additional time.
Mayor Pro -Tern Edwards stated he agreed with the prior suggestion to take a step back
and get more input from the stakeholders.
City Manager Mr. Kessel stated the City of Schertz is not trying to be the fastest growing
city in the area but rather the highest quality development which will be sustainable. It is
not our intention to artificially raise the price. We had a real situation here that exposed
some issues that we did not have an ability to address. We can't go backwards and relive
that Fairhaven situation. He thinks we have identified some very clear items to address
further and most importantly, the dialogue between the HOA's, Inspections and Permits
and others, by moving the dialogue forward. This is about how do we work together in
the future. Let's keep the dialogue open as we move on. Mr. Kessel offered
compliments to Mr. James, Mr. Durant, Ms. Sanchez, and the Homebuilders Association
for taking the time on this matter and stepping up.
Mayor Pro -Tem Edwards tabled this item until mid- September for staff to provide an
update at that time.
10. Ordinance No. 15 -C -21 — Conduct a Public hearing and consideration and /or action
approving an Ordinance amending the Schertz Code of Ordinances, Chapter 30, Fire
Prevention and Protection, by repealing existing International Codes and adopting new
International Codes and adopting the revised Schertz Code of Ordinance, Chapter 30,
Fire Prevention and Protection. First Reading D. Wait/D. Covington/J. Perry)
The following was read into record:
ORDINANCE NO. 15 -C -21
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY OF
SCHERTZ CHAPTER 30, FIRE PREVENTION AND PROTECTION BY
AMENDING EXISTING INTERNATIONAL CODES AND ADOPTING NEW
INTERNATIONAL CODES.
Mayor Pro -Tem Edwards recognized Fire Marshal John Perry who introduced this item
stating the City Council has determined a need to revise current building and fire codes
with regard to fire, building, fuel/gas and electrical requirements. The revisions proposed
are intended to ensure the proper construction and life safety of structures built in the
City and to follow compliance with the requirements of the Insurance Service Office Inc.
Fire Department staff researched target cities and several surrounding cities on the codes
they are operating under and have recently adopted. During the research amendments
taken by these target cities the results were noted and compared to current City adopted
codes. The City of Schertz is currently under the 2006 International Fire Code (IFC).
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The purpose of the IFC is for construction and occupancy safety as well as setting a
minimum safety standard for occupancy. Additionally, the IFC covers life safety for both
the occupants and responders. With the adopted amendments to the IFC 2012 the City
will be in line with surrounding cities and for building construction and life safety.
A workshop was held at the May 26, 2015 City Council meeting for discussion and
comments related to the IFC amendments. Fire Department staff attended construction
industry meetings that were held to include attendance by GSABA members on July 13
and 14, 2015. Amendments were sent to City Legal staff for review and approval.
Schertz Code of Ordinances, Chapter 30, Fire Prevention and Protection amendments
include:
• Amending Article II Fire Marshal - Section 30 -22 — Responsibilities
1. Clarified the designees of the Fire Marshal and their role as it pertains to state
certified peace officers and the Fire Code. This allows enforcement of the
Code by a greater number of personnel for safety reasons.
• Amending Article IV Fireworks Code — Section 30 -64 Fireworks Prohibited
1. Amended section to follow with State laws.
• Amending V Fire Prevention Code
1. Amended Section 30 -81 Fire Prevention Code to adopt International Fire
Code 2012 and pertinent appendices.
2. Amended Section 30 -82 Amendments to adopt proposed amendments to the
International Fire Code 2012.
• Amending Article VI Life Safety Code
1. Amended to adopt most current edition of National Fire Protection
Association Standard 101— Life Safety Code.
Mr. Perry continued by explaining the reasons for the amendments and he also expanded
on what the new changes and definitions mean and what specific areas are affected.
The Planning and Zoning Commission reviewed the changes proposed at their regular
meeting of July 22, 2015 and offered a recommendation of approval.
Staff recommends that the public hearing be conducted and that the first reading of
Ordinance 15 -C -21 amending the Schertz Code of Ordinances, Chapter 30, Fire Prevention
and Protection by amending existing International Codes and adopting new International
Codes and adopting the revised Schertz Code of Ordinances, Chapter 30, Fire Prevention
and Protection be approved.
Mayor Pro -Tem Edwards opened the public hearing and recognized the following:
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Mr. Robert Brockman, 1000 Elbel Road, who asked about the Merritt Lakeside Village as
to whether or not they have a sprinkler system in their building with stand pipes. Fire
Marshal Perry confirmed that they did have a full sprinkler system in the building. They do
not have stand pipes in the stairwell. It is one of the buildings that does not meet the current
requirements.
As no one else spoke, Mayor Pro -Tem Edwards closed the public hearing for Council
Comments.
Mayor Pro -Tem Edwards recognized Councilmember John who asked what they do in
situations where a building simply cannot meet all the requirements in regard to required
fire lanes; are you able to do something to `fit the need'? Mr. Perry stated right now,
according to code, you are allowed 150 feet. All points of the building must be within 150
feet of an approved fire access road. These are the things that are looked at as part of the
design and development phase as far as the site plan goes and they work with the
contractors to ensure they can meet all those requirements. They can also work things out
with existing buildings to be compliant.
Mayor Pro -Tem Edwards recognized Councilmember Azzoz who moved, seconded by
Councilmember Thompson to approve Ordinance No. 15 -C -21 on first reading. The vote
was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John
and Thompson voting for and no one voting no. Motion passed.
Roll Call Vote Confirmation
Mayor Pro-Tern Edwards recognized City Secretary Brenda Dennis who provided the roll call
vote information for agenda items 1 through 10.
Requests and Announcements
11. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
Mayor Pro -Tem Edwards recognized City Manager John Kessel who stated he had read
from an email earlier tonight that he received from Cyndi Pressler who complimented
Executive Director Brian James and Permit Expediter Michelle Sanchez regarding their
customer service to her. She expressed special appreciation for Ms. Sanchez's
professionalism, knowledge, skill, focus, and courtesy in answering her questions and
guiding her through the permit process. Mr. Kessel pointed out that we have limited
resources in most of the departments, throughout the city and it takes committing our
resources towards key positions and maintaining a balanced approach. He thanked
Development Services staff and others like them for their dedication to the city's
customers.
12. Requests by Mayor and Councilmembers that items be placed on a future City Council
agenda.
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No requests were made.
13. 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 Pro -Tern Edwards recognized Councilmember Fowler who stated he thought the
Evergreen Solutions presentation was not only eye - opening but it is giving us an
opportunity to make things better. He asked the city manager for permission to sit in on
one or two of the upcoming Evergreen Solutions briefmgs with our employees to see
what kind of comments are made and just to get information. City Manager John Kessel
stated he and other councilmembers are certainly welcome to attend one but reminded
them of a possible quorum in attendance and that there can be a chilling effect in the
room if a council member is there, resulting in staff members who may then become
reluctant to ask key questions of the presenter(s). If you do attend a meeting, recognize it
is a different format than what was presented tonight. Mr. Fowler stated that due to the
high percentage rate (99 %) of employee participation in this study, he feels there is an
expectation from staff that we will do the right thing and fix anything that appears to be
broken. He said we have a responsibility to make sure that happens.
Adiournment ,
Meeting was adjourned at 9:56 p.m.
Cedric Edwards, Mayor Pro -Tern
ATTT:
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`°`Br nda Dennis, City Secretary
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