05-24-2016 MinutesMINUTES
REGULAR MEETING
May 24, 2016
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on May 24,
2016, at 6:00 p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz
Parkway, Building #4, Schertz, Texas. The following members present to -wit:
Mayor Michael Carpenter
Councilmember Jim Fowler
Councilmember Daryl John
Staff Present:
Executive Director Brian James
City Attorney Charles Zech
Deputy City Secretary Donna Schmoekel
Councilmember Robin Thompson was absent.
Call to Order — City Council Regular Session
Mayor Pro -Tern Cedric Edwards
Councilmember Grumpy Azzoz
City Manager John Kessel
Executive Director Dudley Wait
City Secretary Brenda Dennis
Assistant to the City Manager Sarah Gonzalez
Mayor Carpenter called the meeting to order at 6:01 p.m.
Onenin2 Prayer and Pledges of AlleLdance to the Flalzs of the United States and State of Texas.
( Councilmember Fowler)
Councilmember Fowler provided the opening prayer 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 (B. James/D. Wait/S. Gonzalez)
Mayor Carpenter recognized Assistant to the City Manager Sarah Gonzalez who provided the
following announcements:
Wednesday, May 25, CVLGC Board Meeting, City of Cibolo Council Chambers, 200 S.
Main St., 5:30 -6:30 p.m.
Wednesday, May 25, CVLGC Workshop, with City of Schertz and City of Cibolo, Cibolo
Council Chambers, 200 S. Main Street, 6:30 p.m.
• Thursday- Friday, May 26 & 27, Denton Navarro Rocha Bernal Hyde, 2 -Day Hog Wild
Continuing Education Seminar, Texas State University 601 Student Center, San Marcos.
• Friday, May 27, Schertz Animal Services Microchip & Shot Clinic, 6 -8 p.m. at the Pickrell
Park in Schertz. Free microchips for the first 100 pets; low cost vaccinations will be available.
• Friday, May 27, Coffee with The Chamber, 7:30 - 9:30 a.m., 1730 Schertz Pkwy.
• Monday, May 30, City Offices Closed in observance of Memorial Day.
• Monday, May 30, Memorial Day event at the Schertz Veterans Plaza, 9:00 a.m.
Refreshments after the ceremony at the Knights of Columbus Hall.
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• Monday, June 6- Friday, June 10, Junior Fire Academy, Schertz Fire Department, 8:00 a.m.=
12:00 p.m. Camp is for students of Schertz residents entering the 5t' or 6 grade in the 2016-
2017 school year. Limited participants, so get your application in early.
SAVE THE DATE
• Thursday, June 9, Northeast Partnership Meeting, Olympia Hills Golf and Conference
Center, lunch/meeting starts at 11:30 a.m.
• Friday & Saturday, June 10 -11, Schertz Library Mini Golf Fund Raiser to expand the E-
Book Collection. Silent auction, games and more! Hours are Friday 6:00 p.m. -10:00 p.m.
Saturday 9:00 a.m. -7:00 p.m.
• Announcements and recognitions by City Manager (J. Kessel)
Mayor Carpenter recognized City Manager John Kessel who passed out a letter he received
from Scenic Hills residents who thanked the following individuals for allowing them to spend
time in their community: Dudley Wait, Lesa Wood, Jimmy Hooks, Doug Ledbetter and
Robert Martinez. Mr. Kessel stated that on May 20th they visited and provided them good,
solid updates on projects that dealt specifically with their community. They also updated
them on projects near their community that will affect their way of life. They also
commended the Public Works staff who seems to spend a lot of time in the community
repairing waterlines. This is all very much appreciated.
Mr. Kessel also announced congratulations to the Public Affairs Department and to the whole
city. This year the City submitted an entry for a TAMIO award; last year we won the TAMIO
award for our Schertz Magazine and this year we submitted the Schertz State of the City video
and it was named one of three finalists in the state. We have already come in first, second or
third in the state. Mr. Kessel stated the competition is between Bryan and Tyler Texas who
we are up against; a couple of good cities, and we hope to beat them once the conference
comes around. Mr. Kessel provided thanks to the hard work of the Public Affairs Department.
Mayor Carpenter recognized the following Boy Scouts with Troop 413 who were in the audience this
evening: Collin Lueb, Jonathan & Joshua Powers, Colton Hale, Matthew and Cristian Neumann and
Nicco Campos. Mayor and Council welcomed them and had them stand to be recognized.
Presentations:
A. Resolution No. 16 -R -36 — Consideration and/or action approving a Resolution by the City
Council of the City of Schertz, Texas approving the 2016 Recipient of the Hal Baldwin
Scholarship. (J. Kessel /S. Gonzalez)
The following was read into rec6rd:
RESOLUTION NO. 16 -R -36
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS APPROVING THE 2016 RECIPIENT OF THE HAL BALDWIN
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SCHOLARSHIP, AND RESOLVING OTHER MATTERS IN CONNECTION
THEREWITH
Mayor Carpenter recognized Assistant to the City Manager Sarah Gonzalez who stated at
the City Council meeting on May 10, 2016, the City Council agreed with the Advisory
Committee's recommendation of the 2016 recipient for the Scholarship: Elena Garcia -
$5,000. Staff recommends approval of Resolution No. 16 -R -36 approving the 2016
Recipient of the Hal Baldwin Scholarship.
Mayor Carpenter recognized - Councilmember Fowler who moved, seconded by Mayor
Pro -Tern Edwards to approve Resolution No. 16 -R -36. The vote was unanimous with
Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, and John voting for and
no one voting no. Councilmember Thompson was absent. Motion passed.
Ms. Gonzalez provided the audience with a brief background on Miss Garcia, her
accomplishments and future plans. Ms. Gonzalez asked Miss Garcia, Mayor Carpenter
and members of the Advisory Board present to join her up front as they award and
presented Miss Garcia with the certificate. Miss Garcia thanked the members of the
.Advisory Committee, Mayor and Council and the City for this opportunity.
B. Introduction of the FY2016 -17 Sweetheart Court Ambassadors. (S. Gonzalez/L.
Klepper/E. Matlock)
- Miss Schertz — Sydney Fischer
- Miss Jubilee — Ashley Poerner
- Miss Friendly City — Corinne Mittelstadt
- Miss Sunshine — Regina Deason
Mayor Carpenter recognized Office Manager Erin Matlock who came forward introducing
the FY 2016/17 Sweetheart Court Ambassadors. Each member of the Sweetheart Court
expressed their excitement, gratitude and appreciation for the honor to serve as
ambassadors for the City of Schertz and thanked staff for their work during the process.
C. Presentation and update regarding the Schertz Youth Soccer Association (SYSA). (B.
James /C. VanZandt/H. Hulbert)
Mayor Carpenter recognized Parks & Recreation Director Chuck VanZandt who
introduced Ms. Heather Hulbert President of SYSA who provided an update of the facility
and state of the program. Mayor and Council provided their comments on the success of
SYSA and their partnership with the City as well as other partnerships such as BVYA, and
the YMCA.
Mayor Carpenter moved to the discussion and action section of the agenda and stated we have an
individual who is here this evening to be appointed to our Committee of Committees Advisory Board,
and have resignations, appointments and reappointments of other members of the other boards,
commission and committees.
Discussion and Action Items
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Committee of Committees Advisory Board Member Resignation /Appointment —
Consideration and/or action ratifying the resignation of Mr. Frank McElroy of the Committee
of Committees Advisory Board and ratifying the appointment of Mr. David Reynolds to the
Committee of Committees Advisory Board due to the resignation of Mr. Frank McElroy.
(Mayor /Council/B. Dennis)
Mayor Carpenter stated that this item is to ratify the resignation of Mr. Frank McElroy of the
Committee of Committees Advisory Board and ratify the appointment of Mr. David Reynolds
to the Committee of Committees Advisory Board.
Mayor Carpenter recognized Mayor Pro -Tern Edwards who moved, seconded by
Councilmember Azzoz to approve the resignation of Frank McElroy from the Committee of
Committees Advisory Board and the appointment of David Reynolds to the Committee of
Committees Advisory Board. The vote was unanimous with Mayor Pro -Tem Edwards,
Councilmembers Fowler, Azzoz, and John voting for and no one voting no.
Councilmember Thompson was absent. Motion passed. Mayor Carpenter recognized Mr.
Reynolds who was in the audience this evening and thanked him for volunteering.
6. Resolution No. 16 -R -38 — Consideration and/or action amending and revising Resolution 15-
R-48 creation of the Committee of Committees Advisory Board by updating Exhibit A the
Committee of Committees Board Members and making a minor amendment to the original
resolution for internal consistency related to the attendance requirements. (Mayor /Council/B.
Dennis)
The following was read into record:
RESOLUTION NO. 16 -R -38
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING RESOLUTION NO. 15 -R -48 CREATING A COMMITTEE OF
COMMITTEES ADVISORY BOARD AND PROVIDING FOR THE PURPOSE,
ORGANIZATION, APPOINTMENT AND DUTIES OF THE BOARD, AND OTHER
MATTERS IN CONNECTION THEREWITH -
Mayor Carpenter stated this is an item updating the original resolution and a housekeeping
item to keep up with the board. Mayor Carpenter recognized City Secretary Brenda Dennis
who stated there is a minor amendment to the original resolution which is suggested for
internal consistency related to the attendance requirements. The revised language is
consistent with the intent to not have members miss three meetings without notifying the chair
in any calendar year. The goal is to provide an updated listing of the board members, on
Exhibit A to the Resolution and to continue meeting to be able to advise the City Council on
future planning and long term prioritization of city initiatives and when directed by City
Council or City Staff, assist with projects to include analysis of present and future needs and
prioritization, and report their findings back to City Council and/or City Staff. Additionally,
the Committee of Committees will be responsible for increased communication and
coordination between boards.
Mayor Carpenter recognized Councilmember Fowler who moved, seconded by Mayor Pro-
Tern Edwards to approve Resolution No. 16 -R -38. The vote was unanimous with Mayor
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Pro -Tem Edwards, Councilmembers Fowler, Azzoz, and John voting for and no one
voting no. Councilmember Thompson was absent. Motion passed.
Mayor Pro -Tem Edwards left the dais.
7. App ointments/Reappointments and Resignations to the various City Boards,
Commissions and Committees — Consideration and/or action regarding expiring
appointments/ reappointments and resignations to various City Boards, Commissions, and
Committees. (Mayor /Council/B. Dennis)
Mayor Carpenter recognized City Secretary Brenda Dennis who stated the Interview Board
for Boards, Commissions, and Committees held a meeting on Thursday, May 19, 2016 to
conduct interviews and consider appointments/ reappointments to the various Boards,
Commissions, and Committees whose terms will be expiring May 31, 2016.
The Interview Board requests Council ratify the resignations of-
- Mr. Marvin Thomas, from the Economic Development Board
- Mr. Grady Morris, Sr., from the Economic Development Board
- Ms. Aundra Davis, from the Parks & Recreation Board
- Mr. John Cook, from the Traffic Safety Advisory Commission
- Mr. Gary Preston, from the Traffic Safety Advisory Commission
The members of the Interview Board agreed to recommend to Council the following re-
appointments and appointments of the following individuals to various boards, committees
and commissions with a term expiration date of May 2018;
Board of Adjustment
• Richard Dziewit — Reappoint
• Earl Hartzog — Reappoint
• David Reynolds - Reappoint
Committee of Committees Advisory Board
o Floy (Fae) Simmons - Reappoint
• Barbara Hall — Reappoint
• Michael Dahle — Reappoint
Economic Development Corporation
• Rosemary Scott — Reappoint
• Paul Macaluso - Reappoint
• Katie Chain — Appoint as Regular Member -new
• Gary Howell — Appoint as Regular Member - new
Historical Preservation Committee
• Dean Weirtz - Reappoint
• Debbie Krause - Reappoint.
• Sue Boissonneault — Reappoint
• Barbara Hall - Reappoint
• Lou Foehrkolb — Reappoint
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Page -5-
• Judith "Lynn" Foehrkolb - Reappoint
• Louis Segaloff - Reappoint
Library Advisory Board
• Bobbie Boyce - Reappoint
• Joanne Ward - Reappoint
• Neota Brady - Reappoint
• Carol Cyr - Reappoint
• Sandy Keiser - Reappoint
• Shonale Burke - Reappoint
• Rebecca Scheffler - Reappoint
Parks and Recreation Advisory Board
• Johnie McDow - Reappoint
• Sally Macias - Reappoint
• John Sullivan, Jr. - Reappoint
• Eric Haugen - Reappoint
• William "Bill" Bosch - Appoint as Regular Member - new
Planning and Zoning Commission
• Ernest Evans Jr. - Reappoint
• Ken Greenwald - Reappoint
• Michael Dahle - Reappoint
• Bert Crawford - Reappoint
Transportation Safety Advisory Commission (TSAC)
• Mark Davis - Reappoint
• Larry Franklin - Reappoint
• Phillip Rowland - Reappoint
• Glen Outlaw - Appoint as Regular Member - new
• Roy Ragsdale - Appoint as Alternate Member - new
Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Mayor Pro -
Tem Edwards to approve the appointments /reappointments and resignations as presented. The
vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz,
and John voting for and no one voting no. Councilmember Thompson was absent.
Motion passed.
Hearinz of Residents
Mayor Carpenter recognized the following individuals who spoke:
Student Gordon Berghoffer of Kung Jung Mu Sul of Schertz who came forward providing
updates on their recent and upcoming activities. Mayor Carpenter commended Gordon
on, as one of the tenants, having an indomitable spirit; he showed this characteristic this
evening by coming forward and speaking.
Mr. Glen Outlaw, 3729 Forsyth Park, who complimented staff on the recent Council on
the GO meeting. It was very informative and went very well and it was obvious to him
that staff had put a lot of work into this and they are getting better at hosting this event.
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He also stated that his wife and he attended the Beatles in the Park event, an excellent
presentation. He is hopeful that more of these types of programs are in the works. The
large events the City hosts such as 4th of July Jubilee and Schertz Fest are great for the city
but the smaller events have a place in Schertz as well.
Lastly, regarding the resolution regarding the Committee of Committees Advisory Board,
he stated that reading through both the revised and the original resolution, he noticed there
was no mention in the documents regarding the qualifications that the person should
already be on a board or committee. He is sure that is what the intent was with Council
and this hasn't been an issue so far, but he recommends staff and Council take another
look at it.
Mr. Robert Brockman, 1000 Elbel Road, who stated he was over in the area of the old
animal shelter and noticed that the sign needed repair and had been vandalized. He also
stated that the dumpster needs repair too.
Workshop
• Conduct a Public Hearing and presentation/discussion regarding the Woman Hollering Creek
pg Wastewater Line Project. (B. James/K. Woodlee)
Mayor Carpenter recognized City Engineer Kathy Woodlee who stated Assistant Public
Works Director Jimmy Hooks was also present this evening to assist with any wastewater
questions or descriptions.
She provided some history as to why a sewer line is necessary in southern Schertz. The area
south of RAFB was feeling pressure from development to provide service and San Antonio
was unable to do it. The area west of FM 1518 was released from the San Antonio ETJ, added
to Schertz ETJ, and annexed in the city limits of Schertz during the 1985 -1987 time periods.
The area east of FM 1518 was released from the San Antonio ETJ, added to Schertz ETJ, and
annexations and development agreements occurred during the 2009 -2010 time period. At that
time some parts were annexed and some parcels entered into development agreements with
the city. Generally, when annexation occurs there is an expectation of services to those areas.
Another piece of information she retrieved is that the Cibolo Creek Municipal Authority
(COMA) was established in 1971 to regionalize wastewater systems in the Randolph area to
eliminate objectionable environmental conditions and provide uninterrupted high quality
service in the Cibolo Creek area at the least cost to the communities served. This statement by
the Cibolo creek Municipal Authority was given to the Senate Committee on
Intergovernmental Relations. In 2012, the City of Schertz entered into an interlocal
agreement with CCMA regarding the South Regional Plant.
According to recent census data released May 19, 2016, Georgetown and New Braunfels were
numbers one and two on the list of the highest population growth of cities with populations
greater than 50,000 from 2014 -2015 (Pflugerville was number 11). San Antonio added
29,536 residents between July 1, 2014 and July 1, 2015. Along with this growth coming to our
area, we must prepare to provide for infrastructure (wastewater, water, streets, drainage) in
order to serve the current and future population.
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Ms. Woodlee introduced Assistant Public Works Director Jimmy Hooks who said wastewater
infrastructure is always recommended over on -site sewage facilities (septic systems) because
of their limitations and issues: 1) lot size, 2) soil characteristics, 3) individual property
owners responsible for maintenance, and 4) under certain conditions, treated water runoff
creates problems (Laura Heights example). As in Laura Heights, water that drains from yards
irrigated with septic treated water causes algae growth on streets and in drainage channels.
While septic systems function acceptably under appropriate conditions in certain locations,
sandy soils drain better but clays and loams do not. Soils in southern Schertz tend to be high
in clay content.
Ms. Woodlee stated that they are still proposing the recommended route to collect waste water
from the Woman Hollering Creek sewer shed and take it to the new CCMA treatment plant.
She provided a map showing the parcels of land that the line will run through. They are still
waiting to get rights of entry from numerous property owners. They looked at other routes to
determine of any of those would be less impactful and found there were none that would be
less impactful than the recommended one. In order to serve the comparable area with an
alternative route, the line would have to be excessively deep and deeper lines are more
difficult and dangerous to maintain by staff.
Mr. Hooks explained that with deeper lines you have to go wider with your trenches and the
city would need bigger equipment to handle this. The deep wastewater lines are also very
unsafe to work on and accidents (during staff maintenance) tend to happen more frequently.
When installing deeper lines you actually wind up using a wider easement space to work in,
thereby using up more property. He provided example drawings of trench safety methods.
Mr. Hooks continued by pointing out that with selecting an alternative route and in order to
serve the comparable area, lines would be excessively deep. They would be more difficult to
maintain due to their depth and very wide easement widths would be necessary for the initial
construction and future maintenance. There would also be an increase in the number of
properties affected.
Ms. Woodlee produced a map showing that this sewer shed would collect wastewater from
988 parcels of property (676 different owners). Staff continues to recommend the proposed
route and get the rights of entry from the affected property owners so they can complete their
survey and move on with the design. They are going to allow three more weeks for property
owners to grant the rights -of- entry; if they are unsuccessful, they will come back to Council
for direction.
Mayor Carpenter opened the public hearing and the following individuals spoke:
• Mr. Reagan Rawe, 7993 Trainer Hale Road, who stated that their property is at the 90 degree
turn where the city wants to put the system on. He spoke about the septic systems and how if
they are designed and constructed properly, they are acceptable at the local, state, and federal
levels, both in environmentally sensitive areas and wetlands. He disagrees with Mr. Hooks'
general statements that in this area we have nothing but Houston clay. The aerobic septic
system is the better one to use because it saves on water —it gets used for your plants. He
added if it limits the size of the acreage per home, then so be it.
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He also spoke about the San Antonio area (Salado Creek and Holbrook Road area between
Rittiman Road and Ft. Sam. During the 2002 flood conditions, the sewage line failed and it
took five days to find the area of leakage. It was leaking 3.3 million gallons of raw sewage
into the Salado Creek bottom. In 2013, they had another break. SAWS have said they are
going to abandon this practice of running the lines in the creek bottoms because of the failures
they have had. His question is what does Schertz think is going to be any different with the
Woman Hollering Creek versus the Salado Creek? He feels this project is being driven by
simple economics, not by necessity. He realizes Texas Law allows Schertz the right for
eminent domain to be able to acquire /steal our land for `need', but not for economics, and this
looks purely like economics (future development). At the last meeting it was said this would
result in increasing the value of their land — yes —but it will also. increase their tax bill. He
said this is a result of poor planning on the developers and city's part and they resent it. The
farmers and ranchers are being run out of the area. He stated the city did not have a plan when
they were annexed and he doesn't believe they had a plan for the sewer line either, other than
for the developers. They resent being forced into this without gaining any benefit. He said
they can't vote for council and they don't get any benefits -- nothing.
• Mrs. Jeanne Wiederstein Rawe, 7993 Trainer Hale Road, who stated her and her brother's
families own the 100 year Texas Family Heritage farm that will be greatly affected by this
proposed sewer line. At the last meeting they were given answers to some of their questions
but were also told they should not let this be a social issue but look forward to the expansion
and development of Schertz. They do not have any intentions of selling their farm. The map
from the last meeting indicated the Sedona lift station will be demolished and the new one
will cost $825,000. She questioned what kind of planning was done in 2011? Why was this
lift station built, and was it ever used? She reminded council of two of their core values: 1)
Treat others as you would want to be treated and 2) Work cooperatively with others. She
thanked those on council who have been sympathetic to their concerns.
• Mr. Rod Ellison, 12762 Woman Hollering Road, who said they think they have not been dealt
with in an open and honest manner. When they signed the agreement to enter their land they
still thought there were options for three other routes. The truth is the only one being
considered is the one down Woman Hollering Road, which was misleading to them. The
implied threat of eminent domain causes them to say okay, come on to the land, thinking that
there was an alternative, but there are none. Their issue is they are not going to be annexed,
they will just continue to be in the ETJ because the Woman Hollering Road is not one the city
wants to take on and service; it is too expensive. You have taken away other opportunities for
services and our bills have increased (trash, water) and now we are stuck with whatever you
give us. You will not even replace our sign which has been gone now for seven years. They
have absolutely no relationship /services with the City of Schertz. He stated, as was mentioned
earlier, eminent domain is denied if it is for the increase of the tax base or for economic
development. This project is exactly for that. They are not being served in any shape or form.
The bottom line is pipelines always leak and there is no guarantee this one won't leak. There
are alternatives (more expensive, yes), but they should be reconsidered. They want to be dealt
with fairly. This is truly taxation without representation. Eminent domain is not just about
what is best for the majority, but it is also about protecting the rights of the minority. He
hopes you will stand up for the rights of the minority in this case.
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Mr. Allen Wiederstein, 8175 Trainer Hale Road, who stated he emailed Ms. Woodlee about
some questions he had. One is the Woman Hollering Creek would affect about 26 owners and
FM 1518 would affect about 32 -40 owners. He wants an answer, 32 or 40? He also had
questions about the flow of water and the depth of the trenches. Regarding the comment by
Councilmember Fowler at the last council meeting that the property owner's kids might sell
the land later, his kids won't; they all live there and plan to stay. They take care of their land
because they enj oy it, and taking it away - - -he is totally against it.
As no one else spoke Mayor Carpenter closed the public hearing and opened it up to council
for comments and questions.
Mayor Carpenter recognized Mayor Pro -Tern Edwards who asked Ms. Woodlee if she could
answer the last two questions. Ms. Woodlee stated in regard to the number of parcels of land
the route(s) would affect, each `alternate' route would impact a different number of parcels.
The other question which was in regard to `the dog leg'—what that is doing is gravity is
flowing from FM 1518 back to the Woman Hollering line. It would be in the 10 -15 foot range
close to FM 1518, down to 15 feet deep because the topography is lower as you move along
down towards that tributary to the creek. The depth of the line remains fairly close as you
move along down the route; so in general, probably a 10 -20 foot range.
As far as whether or not parcels are able to connect to the sewer line, absolutely it is possible.
At the last meeting she believes she mentioned it would be looked at on an individual basis as
each lot has different conditions and challenges. Most of the lots along Woman Hollering
Road would be able to tie on easily but it would be the property owner's responsibility to have
a plumber connect them from their current inflow to their septic system to the new line.
Again, these things would have to be worked out on a case by case basis.
Councilmember Fowler also asked about why the exact number of parcels couldn't be given
to answer a previous question by a resident. Ms. Woodlee said there is a possibility as they do
the survey that the line will jog slightly from one side of a property line to another. So at this
time that is why she can't say for sure exactly how many parcels will be affected. Getting the
surveys done is what they are trying to do so they can determine that exact number. Mayor
Pro -Tem Edwards said he hopes as a community we could come together to get this done.
Councilmember Azzoz asked about the lift station that was put in during 2011. Mr. Hooks
answered by stating that the Sedona lift station is in use—it pumps sewage from the Sedona or
Crossvine Subdivisions back to the package plant in the back. This one will be taken offline
and will gravity flow down to the 1H -10 area which will continue on to the regional plant. The
smaller lift station was designed to service the Crossvine Subdivision so they could get
moving until a line such as this proposed one is built. So there is a treatment plant at Sedona
that will be completely abandoned in favor of a larger single lift station and another regional
treatment plant that will serve a much larger area.
Executive Director Brian James addressed Councilmember Azzoz' concern about poor
planning and wasting money when perhaps we should have built what we needed in the first
place. The problem is we often can't build the ultimate infrastructure because there is no way
we could Have invested that kind of money ten years ago. Often, cities will build lift stations
to serve an interim condition, and the plan is to take those offline later on as you complete
your infrastructure system. Ideally as we build we want to minimize the number of lift stations
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we have. As an example we are currently working with the developer of the Homestead
Project and talking with them about lift stations and the ultimate sewer service shed. In the
interim, you make these improvements and very often the developer foots the bill for that. He
cited Corbett Jr. High School as an example, where the school district had a pressing need for
a new school but the infrastructure was not in place yet —so they built a lift station and sized it
based on how long you estimate you will use it.
Mr. James stated to touch on his other point which was, we have this alignment, why didn't
we survey and look at a bunch of other different alignments. The first step we are trying to do
is to get out and survey on what we believe is the appropriate line; do that survey, do that geo
tech work, look at what we have and say how exactly does this line need to be designed and is
it a viable alignment, are the depths what we think they are, etc. Ultimately, the idea is rather
than impact a whole lot of property owners, what we can do is some preliminary engineering
work to say what does that line look like. Staff basically knows they are not going to get an
alignment where everyone is going to say they like it. These are the challenges we are running
into. The reality of it is we are in a very fast growing state and in a very fast growing region in
the state of Texas.
Councilmember Azzoz recommended the city select an alternative route. Mr. James pointed
out that any route chosen will have its challenges. There will be folks on each alternative route
who oppose it, plus all the other routes affect more properties. Secondly, the other routes
don't serve as large an area. In order to provide service, we would ultimately have to run
another line and we'd have to go through the same thing again. Lastly, with sewer lines you
want to follow that natural slope, that low spot, and you won't have to have as deep a line.
The deeper we go the more dangerous it is for staff to maintain. If there was a better option
and less people would be angry, we would take it even if it costs more. We have done so in
the past, spending more money to get a better product. This is about having the impact on as
few as people as possible. Councilmember Azzoz said he just cannot vote yes for this.
Mayor Pro -Tem Edwards said years ago they did a gateway study - -- a very public meeting. It
said we need services, electric, water, sewer. He gave examples of public utilities, railroad,
natural gas pipelines, etc. that have come through in the past and people don't have options.
You have property that we would love to see you keep intact. However, as a council, we are
here to be good stewards of capital, whether it be human, finance, material, etc. It has nothing
to do with a developer. People are moving to Schertz. Roads are congested. Here we `grow'
again. He is in the finance business; it is not good business to double the cost of a project.
That is what big government does. It is not up to us to double the cost of a project.
Councilmember John had a few questions. Are there any properties that cannot hook up to the
sewer line in this area? Executive Director Brian James stated until they get a design going
they won't know for sure. He also asked if there was a leak would there be any possibility of a
property being classified as a toxic waste dump. Mr. James stated he really couldn't say how
bad it could be. The last question was would there be any compensation if eminent domain
was utilized? City Attorney Charles Zech answered yes, the law requires that the owner be
provided with fair market value for the property /easement, damages, etc.
Councilmember Fowler asked if this sewer line is going to be put inside a sleeve. Ms.
Woodlee stated there may be particular locations where it may be in a casing. On council they
05 -24 -2016 Minutes Page - 11 -
look at 5 year plans and growth rates and in order to meet future requirements, there are things
we want to do now to get ready for that. The south side is going to see more development.
When we need to repair a sewer leak, wouldn't it make sense to put the line in at the least
depth for easier maintenance? He made observations regarding higher taxes, borrowing
money for making improvements, etc. It is economy. The city is growing and we want to help
it grow. Development is going to happen but we want to do it as efficiently as we can.
Councilman Azzoz stated growth is great but it has to be controlled growth. Freedom is great
but it has to be controlled freedom. But we always complain about the government saying we
are going to do this. That is what we are telling folks. This is going to happen. We need to
take a step back and protect the rights of the people, not concentrate on the growth and
development. A fast growth could lead to a disaster. A total freedom could lead to a disaster.
He is pretty much an advocate of people's rights. Mr. Azzoz continued expressing his opinion
and desire for staff to select another route.
Mayor Pro -Tem Edwards stated he wanted to caution everyone on the dais because council
sets the vision, we don't do the implementation, so for one of us (council) to give you (staff)
direction on where to go, he thinks that would be dangerous for the council as a whole and for
the city. He also stated he wants to find out from the landowners, are we even close to an
agreement with you guys to help solidify this and go forward. He invited any one of them to
come forward and answer his question.
The following individuals came forward:
• Mr. Allen Wiederstein, 8175 Trainer Hale Road, answered that where they live it is an
accessibility problem if they do have a leak. There is no access through his property except
with a tractor. Mr. James answered that they would normally follow the line (easement) to get
there. In an emergency, they would possibly need to look for an alternate route to get in.
NOTE. Mayor Carpenter interjected stating it is very unusual to open up a discourse outside
of a public hearing; however we are posted for discussion on this matter and he wants to give,
in the spirit of what Mayor Pro -Tem Edwards just said, a lot of leeway to have conversation
and discussion to hear from everyone who wants to be heard, so he will absolutely allow this
to go on and get as much discourse as we can as long as we maintain a proper decorum.
• Mrs. Jeanne Wiederstein Rawe, 7993 Trainer Hale Road, who said their property
consists of a lot of pasture land with trees and bushes very close together. There is no roadway
to get where these lines are proposed to be so how many days would go by before they could
even fix a leak -- -that is her question.
Mayor Carpenter recognized Councilmember Fowler who stated that was a good question.
The city has a reserve fund and right now it is at about 25% of the annual budget, which
makes it at about $25 million. This money is basically for emergencies like this (fire,
tornado). This would allow the city to get everything they need rather quickly to correct the
problem. Mayor Carpenter added for the record, actually it is about $7 million of
`unrestricted' funds that would be available. The other reserve money is `restricted' for
specific uses.
05 -24 -2016 Minutes Page -12 -
Executive Director Brian, James came forward to state clearly that generally they will always
try to come through the `easement', which is kept clear and maintained (no brush, trees, etc.).
There has to maintenance on this to keep things out of the way so there is always unimpeded
access to it for staff.
Executive Director Dudley Wait came forward stating part of the reason to also keep the
easements clear is so that leaks can be spotted easily. Additionally, our public works
employees have four wheel drive vehicles and they go out to inspect these lines on a regular
basis to look for leaks. They carry equipment with them so if they spot something they can
start working on it immediately.
Mayor Pro -Tern Edwards suggested to Public Works Department Assistant Director Jimmy
Hooks that since this is budget planning time, maybe he would want to consider employing
some drone money so we can lessen the impact of people's property being driven across. The
technology is there, why not utilize it?
Mayor Carpenter recognized Councilmember Azzoz who said from what has been said, the
point is, when staff is driving up and down the easements, the fact remains, this is a disruption
for these property owners. He stated he just wanted to clarify he wants all of council to be
united in looking out for the interest of our people and their rights.
Mr. Rod Ellison, 12762 Woman Hollering Road, who said he had three issues: 1) the size of
the easement —they have no idea what the size is going to be. If the trees go down (they are a
sound barrier to 111-10), it will not increase the value of their property. Also the Buddhist
Temple will then be in their line of sight. 2) The fact that they are going to remain in the
Schertz ETJ. They understand Schertz is not going to bring them into the city limits and
maintain their road but they are being used to fund development around them. Property taxes
will go up but services will not be increased. There is no future benefit for them as far as
becoming part of Schertz. They are the minority and are in a doughnut hole. 3) They don't get
to vote for council. It is truly tax_ ation without representation. Right now they feel they are
just being rolled over.
Mayor Pro -Tern Edwards responded saying the city has a comprehensive land use plan that
they really ought to look at. A lot of planning is going on right now. For him to say that his
area will not be a part of the city may not be the case. If not this council, future councils will
more than likely be taking a look at that area. Mr. Ellison repeated his concerns as before
regarding the missing street sign, maintenance of the road, water and garbage service.
Mayor Pro -Tern Edwards gave a challenge to the City's Public Works Department to figure
something out to replace the Woman Hollering Road street sign in a manner where it won't
disappear again.
Executive Director Brian James stated until the design is done, they do not know how large
the easement will be nor the depth of the trenches for the line. The same goes for the number
of trees that may be removed or left. These are always some of the challenges when installing
utilities and sewer lines. He does not want to over - promise and under- deliver. Mayor Pro -
Tem Edwards asked if these would all be working trees (i.e., Pecan) and Mr. James said it is
possible, this is part of the project of putting the line in.
05 -24 -2016 Minutes Page -13 -
City Attorney Charles Zech stated for the record and to remind everyone, the landowners are
entitled to be compensated for any damage /removal of any valued item on their property such
as a large shade or food producing tree. That is part of going through the fair market value
evaluation process. If trees have to be taken out or replaced, that is all a part of the
conversation.
Executive Director Dudley Wait stated he is up to the challenge on how quickly they can get a
road sign back out to the Woman Hollering Road. He also stated that the residents out there
do get their water from the city because Schertz took over the Schaefer Road Water System.
They also get Fire and EMS coverage and in critical life threatening situations they get
Schertz Police to respond until Bexar County Deputies can arrive at the scene. The road is
something they can look at but there are some right of way issues along that road that would
have to be looked at as well.
• Reagan Rawe, 7993 Trainer Hale Road, who said he appreciates everyone's discussion and
everything but he wants to make sure it gets into the record that one of the councilmembers
tonight just said this project was indeed economic, that it is recorded in the records that it is
economic, purely economic. By state law you can't do it for the economics. It is for `need'
and if you all are going to make these statements it needs to be read and recorded. Your public
works person said that they will be examining it and everything; he said over and over again,
that they do it once a year. Once a year is not enough when you are putting it in the creek
bottom. When you see what the Salado Creek has done and the pollution that has gone there,
that is only 3.3 million gallons; this is 10.3 million gallons per day capacity. This is three
times the capacity of the Salado Creek capacity, and you are going to walk it once a year.
When we asked if there was going to be some type of monitoring of the local water wells you
said no you all don't do that. You are burying it 20 feet down and we have 60 foot or less
water wells not that far away. You all are putting in an accident waiting to happen. Yes you
have coverage, an umbrella policy, a standby cash flow and everything, but you are setting
loose an accident waiting to happen which has been shown over and over and over again. He
continued expressing concerns about council/staff not addressing the creek and the pollution.
You are accepting that you are going to pollute that creek at some time in the future. You try
to be good stewards, but you also try to eliminate the risks. If you look at that line, it is going
through everybody in the ETJ and no one in your city limits. You are doing it because you can
do it. It is the example and the epitome of big government —what you are doing —not good
stewardship, because you are not doing it with the least amount of risk to the environment. He
expressed concern over the lack of monitoring equipment of the inflow and outflow. You are
ignoring the environmental impact from this pipeline, and looking strictly at the economics
that can benefit the developers, increase your tax base and develop whatever you want to
develop. Thank you for listening - - -if you did.
Mayor Carpenter recognized Mayor Pro -Tem Edwards who asked staff: what are the
inspection requirements for TCEQ or TNRCC and will we be testing the water as well,
monitoring it, and if not, what will be the cost of monitoring that system and could we put it
into this particular budgeting item?
Executive Director Brian James said it is an operational issue in how you do those things. To
be clear, we don't monitor water wells nearby. We do inspections of the lines periodically and
also rely on the treatment plant to give us an indication of drops in flow, which is indicative of
a problem. He said this is not an unusual situation that we are just picking to do it here (Dietz
05 -24 -2016 Minutes Page - 14 -
Creek as an existing example). We have this all over the city in the Cibolo Creek and Dietz
Creek —sewer lines follow the low spots in terms of those trunk lines. This is how cities
provide sewer service. If it doesn't, it creates other problems.
The other thing is regarding talk about growth and development. He has never gotten the
impression here that the ,desire is to grow fast within the City of Schertz, but rather a desire to
grow in a thoughtful, quality and sustainable way. The city is trying to.plan ahead and do this.
He appreciates everyone's comments and concerns and said we will work to do this in as safe
a way as possible. However, staff cannot promise that you will never have a problem with it.
• Maria Ellison, 12762 Woman Hollering Road, who stated it seems to her like another
alternate route other than along their creek should be considered regardless of cost because
our creek is going to be impacted. She just wants to go on record that she is against the sewer
line being put along the creek.
Mayor Carpenter spoke next. He stated he has written some notes throughout the discussion
and also had done a bit of homework before coming here this evening. A lot of things have
been brought up tonight, some which are factual in nature (i.e., engineering), some which are
philosophical, and many which are political in their nature.
He wants to start with people's rights and eminent domain and whence it came, going all the
way back to debate and discussion and compromise at the writing of the 5t` amendment.
Commentary on one side said the government should be allowed to take whatever is
necessary, at any time it is necessary —end of story. There was discussion and debate saying
we should never be able to take private lands for public use. The compromise was pretty
straight forward. It was that no one will be deprived of life, liberty, or due process of law, nor
should private property be taken for public use without just compensation. So we begin from
that foundation. It is a very challenging thing for any of us that believe in the tenants of which
this country was founded on to go and take someone else's land for any reason. It is very
difficult. It would be simple to say the needs of many outweigh the needs of the few —we're
finished. However, it is also necessary to consider the needs of the few.
One of the things that was said earlier is that taxes will go up if we do these improvements.
He hopes that what everyone has seen here tonight is a council that is willing to engage, listen,
bend its' rules to allow people to be heard, and to skirt on the edges of violating the Open
Meetings Act to make sure we hear from everyone. Your taxes are not going to go up in the
City of Schertz because anyone who is in the ETJ or has a development agreement doesn't
pay taxes to the City of Schertz, but you do receive some services. If you call, we are going to
come. Residents of the city do pay taxes -for those services and you receive them. Your water
bill has gone up some —his too. Part of that is because there is sixty -two miles of water lines
that the City of Schertz and City of Seguin have put in across two counties to bring that water
here. The Schertz Seguin Local Government Corporation (SSLGC), before their third year,
spent $2.15 million on right -of -ways, gaining easements to build that water line. A quarter
million dollars in legal fees was spent- - - -80% of those acquisitions went through
condemnation because the landowners did not want it going across their land. It was painful,
difficult, and extraordinarily expensive, but when you turn on your water here in Schertz,
know that it will happen. In all his time on council, they have not been in pursuit of rapid
growth. We got rid of R -6 and R -7 zoning several years ago to stop the dense growth in the
City of Schertz. It slowed things down. Now instead of having small lots, housing prices in
05 -24 -2016 Minutes Page -15 -
Schertz have gone way up and that is because new development can't be so small. We have
gone out of our way to systematically control growth in this city. One of the things we love
about living here is that it feels like a small town and if we want to live in a big town we
actually have to leave and go to San Antonio or Austin. We have tried very hard to preserve
that and it is a very delicate balance and difficult job.
Is there an interest in business development in the southern part of Schertz and along IH -10?
Of course there is. Right now we are roughly 50% residential and 50% commercial tax base.
That is healthy and keeps taxes in check —that is responsible government. There are many
cities in this area that you can go to and see a tax rate that is 50% higher than :'ours because
they do not have that balance. So when you say that this sounds like it is not for a public
purpose, it is for economic gain —it is for long term sustainability in a way that can keep this
community in a position of solvency and sustainability. It is hard work.
We've heard comments about protecting the rights of the people —yes. We have to protect the
rights and interests of `all' the people, in the aggregate. However, we can't eliminate all risks.
Everything we do as a city has an element of risk. Shutting down and eliminating the
municipal government has risk inherent to it. Everyone here on the dais struggles with this
delicate balance of mitigating risk. There are some facts here about what we are considering
that are challenging. One is, the deeper we go with a line, the bigger the easement, the more
impact to the land, and the bigger the risk to human life when we have to go and service that.
Those are real considerations that we have to live with. In all of these cases we have to write
checks to the property owners, which is expensive. We have to answer to all the voters in this
city who will ask us, did you make the right decision with my money? Have you been
responsible? Have you made the hard decisions when it comes to spending my tax dollars? So
far I think I can say unequivocally that I have and yet I am not perfect. We have to consider
those things with every decision we make. If we could make this painless for everyone, we
would do it, but it doesn't exist. Since 1958 this city has struggled with these kinds of
decisions. We bought the water company, subsequently having to double the resident taxes. It
was hard and it hurt some people. But they had foresight and were thinking about those that
would come after them. All he can say is that we should continue the discussion/conversation,
get the survey work done and make sure what we are talking about is feasible, reasonable and
doable.
He thinks what he hears on the dais is a majority (of council) that feels we should at least
finish the survey work. Let's all reconvene and talk again and make sure we are doing the
right thing in the end.
Mayor Carpenter recognized Councilmember Azzoz who asked for clarification on who the
majority was. Mayor Carpenter stated that is why he made the statement; if he can be shown
to be incorrect in his assessment we can certainly take another direction. Staff has asked us for
direction and if council disagrees with his assessment then let's have that discussion.
Mayor Pro -Tern Edwards stated he thought Mr. Azzoz was probably in the minority as we
have had open discussion about what direction staff should take at this point and we said we
would keep open dialogue with the citizens and staff.
Mr. Fowler stated once we have the survey details that it will allow us to better understand the
scope of the project and maybe then later we still might find something in there that tells us
05 -24 -2016 Minutes Page - 16 -
this may not be the right way; but we won't know that until we do the survey. He thinks we
should move forward.
Hearing no further comment(s) from council, Mayor Carpenter moved on to the next agenda
item.
Discussion, presentation and updates regarding the Animal Adoption Facility. (D. Wait/D.
Wait) (Item requested by Councilmember Azzoz)
Mayor Carpenter recognized Executive Director Dudley Wait who stated Councilmember
Azzoz asked for an update on the Animal Adoption Facility and stated that we last presented
this in October when we were trying to get our hands around what exactly. was going on.
Since October we have continued to correct a lot of the issues. In October we had a very high
humidity situation and we had a negative core of our building so that when any doors opened
into the facility from the kennels from the outside into the facility and so forth, we were
drawing air into the building. We were drawing atmospheric air at the temperature it was with
the humidity that it carried. With that high humidity situation we had a lot of HVAC
equipment and pipes and duct work that were sweating really bad and causing a lot of
moisture between the roof and the suspended ceiling. So we had some mold issues that were
starting to develop as a result.
Mr. Wait stated we spent a lot of time with our team, the architect, the engineer, and the
contractor as well as the city staff at the facility and building maintenance staff going through
that building. In February we had all the mold abated and we had it tested several times. The
mold that was in there was not the black mold that creates health issues that has a lot of people
concerned. It was the same mold that is available in the atmosphere, it's just that it found a
place to grow and be successful in that damp environment. We were able to replace ceiling
tiles, clean ceiling tiles, clean equipment to get all the mold removed and declare the building
clean. During this same time we were doing a lot of work on the HVAC system to try and
figure out why it wasn't operating as it was designed to operate. We finally got a lot of the
work done; it's a remote unit that has eight (8) air handlers in the mezzanine and several
rooms have their own mini- systems, but they are all tied together and they run off the same
compressors with the same refrigerant and is a highly efficient system and worked well when
the building was first built. We have reports that prove this and it worked well for the first few
months that we were in there, but now all of a sudden it was showing that it wasn't working
very well. It wasn't putting out the air flow that it should and we had some units that had
issues that had to be repaired and our contractor took care of that.
We got all those units repaired; all the air handlers repaired and all the exhaust fans were
running as they should be. The contractor brought in a company that then tested the AC
system. When the building was new and we took possession of it, the test and balance on that
AC System showed we had a positive core to the building, that we were able to maintain that
positive core, that the units were putting out the amount of air flow they were designed to put
out to produce that positive pressure environment with the fan on low speed. This last March
we did that same test with the fans running on high speed; out of the eight (8) air handlers,
two (2) of them were putting out the 100% capacity that they were designed to do. Six (6) of
them were not; the best of the six (6) was putting out about 80% of what it was designed to
do, and the majority of the six (6) were putting out between 20 & 40% air flow that they were
supposed to put out. We brought our team together again and looked at the reports and said
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we are going to go forward, bring the vendor in that supplied the equipment, it's an LG
Remote System, a very high tech system and we had some issues trying to get everything
running with folks working from LG that were not familiar with it. The engineer that
designed the system and our contractor brought in the folks that supplied the equipment, they
were the regional experts; Texas Air was the name of the company. They came in with the
goal of accessing all eight (8) air handlers, cleaning the coils, seeing how the coils look,
cleaning them and then after we had everything put back together we were going to again
retest the system to see if we had stuff on coils.
You might remember throughout the history of the Animal Adoption Center we had some
issues being able to maintain that system. The City took a little bit of ownership saying we
may have not have done that correctly, this is the first time we had a system that is that
intelligent and so we may have not been in front of it because of the environment that system
is operating in. We have kitty litter dust, we have regular dirt, and we have animal dander,
things you are not going to find in a normal city building other than Animal Control. What
we then said we were going to do is we are going to look at that, those coils need cleaning, we
are going to see what's on them, if it is hair and litter, we are going to pay for it and get it
done.
Texas Air showed up and got up in the mezzanine and started to go to work and what they
found out was of the eight (8) air handlers they could only see the coils on four (4) of them
because of how they were installed. Because of the duct work in the mezzanine, the filter
housing all these other issues, they could not access the coils to be able to clean them. They
were able to get the duct work open enough to be able to take some pictures of four (4) of the
eight (8) units. Three (3) of the coils on the eight (8) units looked pretty good, had a little dirt
on them, which is what you would expect after 2 1/2 years of use, the fourth one looked really
bad. It appeared that it had some type of material on them that almost completely blocked the
air flow through the coil, which is sort of what we expected as they were seeing how little air
was moving on high speed. We sat down and they said it will take a couple of days to really
go up there and they had some recommendations. They also said what they believed what the
material is by trying to scrap it off with their fingers is they believe it has the consistency of
dry wall dust after a period that has been in a wet environment and dried and had the chance
to set up. We consulted with our legal team and they said because we are working together as
a team, it would be wise to sit down and share all this information with everyone, it's not
going to damage anything we are doing going forward, everyone is trying to get the system to
work. We sat down around a table and talked about this issue, we took the engineer that
designed the system, we took Texas Air, we took the contractors over and we all climbed up
into the mezzanine, there were seven (7) in the mezzanine area, not a lot of room to move
around. The engineer went through every air handler unit and looked at everything on there,
got with Texas Air and they got back with us and our contractor and we have a game plan to
go forward to try to get the system up and operating.
The first thing we are going to do is Texas Air is going to come back out and do some duct
work. They are going to remove and replace all of the filter housing on the units. This was
already something that our contractor was going to do because they had recognized that was a
problem. When they installed the units, we had trouble getting access to the filters, in a fix
someone came in, not with the city, a contractor came in and cut bigger holes for us to be able
to get the filters out, which then unsealed the duct work, which would allow other things to
get in, and could likely change the pressure in the system. In the process of going through this
05 -24 -2016 Minutes Page - 18 -
we discovered that we currently only have filter housing on six (6) of the eight (8) air handler
units. We are going to get filter housings on all eight (8) of the units with designed doors so
that we can open and close them, they will seal and we can get the filters in and out at an
appropriate maintenance level as recommend by LG the manufacturer of the equipment. The
next thing they are going to do is they are going to cut access panel hatches into all the duct
work that connects to the air handlers. These are going to be doors that are designed to seal
when they come over, they will have a positive hatch mechanism on them so they keep them
closed, they will seal off the duct work, but when they open it, they can access the coils so
that they can clean them and remove the coils and do maintenance and whatever else they
need to do. They will be installing all eight (8) access panels. After this is done and we get
access to all eight (8) of the coils we will then see what the four (4) remaining coils look like
that we have not been able to get access to. We are going to try and clean them first but
before any of that happens, because of some concerns of us and the contractor, our contractor
believes we have not maintained the system appropriately since the start. It may be on us, and
we are certainly not shying away from that. But with the vendor saying it may be drywall
dust, what we are going to do is contract with a lab to come in and obtain samples off the air
handler units that have that material on them and take that to their lab; it will take a couple of
weeks for that to come back on those samples. They will then report back to us what it is on
those coils and on the air handler units. At that time, if we can't clean them, and they have to
be replaced, we believe that this will be done appropriately and we will be able to go forward
with cleaned coils. The next step is once we get all eight (8) coils cleaned and operating
correctly and sufficiently, we will bring in a firm to test the system to see if we are operating
efficiently at that time, if we are moving the air that we are supposed to be moving, if we have
recreated the positive environment we have had in there before.
During the winter as we were pushing through this and getting the work done the air handler
units in their handicapped state were able to maintain at least a nice environment for the
animals and the employees. As we got into spring and the rainy season this changed and we
started getting a lot more humidity in the building. This happened during the time we were
having delays in getting Texas Air out and discovering what it was and making sure legally
we were going appropriately. About a week or ten (10) days ago we reached out to Texas Air
and rented seven (7) ACD humidifiers that are now placed around Animal Control. It doesn't
look very good but it is maintaining a very nice environment for the staff, pulling a ton of
humidity out of the room. Our goal is to provide a good environment and control the humidity
in an appropriate range for an indoor environment again; we will pay for some environmental
folks to come out and re- examine the building, see where the mold is and get it cleaned up.
Mayor Carpenter observed that Mr. Wait was speaking without the aid of any notes so he said
he must obviously be very personally involved in this issue. Mr. Wait replied that along with
himself, Animal Services Manager Shanna O'Brien, Marshal Michael Harris, Building
Maintenance Foreman Bruno Sepeda, and General Services Manager Jon Harshman, they
have all been diligently trying to get this fixed correctly.
Mayor Carpenter recognized Councilmember Azzoz who said the building is brand new and
the building has had problems since day one. He has been in the building and looked in
various places (walls, attics, etc.) and saw mold and water leaks, an inoperable exhaust fan
and more. He has looked at the original contract and drawing design from March 2013 and
found some deleted items. He also mentioned the costs and wondered did we spend all that
05 -24 -2016 Minutes Page -19 -
bond money? He is concerned about our employees and the animal's health. We have had
problems with the building from the beginning and we need to hold someone responsible.
Mr. Wait stated he too is conscientious about the health of the staff and animals. We have
moved forward to do a number of things. One is putting in the seven dehumidifiers that are
running in there now. We also want to make sure we get this fixed and the building is healthy
and able to function as it was designed to function for the life of the building. When we get
done with this process we may be able to determine why we have had issues: if it is drywall
dust that is blocking those coils or built up kitty litter or pet dander or some other reason. This
is a very high tech built building and we need to know how to care for it. The HVAC system
alone is amazing. You can do everything from that control panel. Right now, we want to just
get the problem solved. We have everyone sitting around the table —no one has walked away
from this. As the city, with our employees we are not going to haggle over who is going to
pay a $2,000 rental bill for seven AC units for six weeks. The city is going to pay that and
when it is all said and done and we know the reasons behind everything we will then settle
that score appropriately based upon what liability is there as well as any other issues.
However, right now, we still do not know exactly what the issue is. As a team we are trying
to reach a resolution that will give us the building we purchased with those dollars you were
talking about.
Executive Director Brian James came forward and said they have a process they have to go
through to procure work services and products. We put projects out to bid very often. There
are deadlines for submission and once everything is back in then staff reviews them. Until we
get those responses we don't know exactly what a service or product is going to cost. With the
Animal Services bid, once they came in they were all over our budget. So we went back over
it and eliminated some items that we originally wanted so we could bring the price down to
what we could afford.
In regard to the fans, we did do the plumbing part of it so that at some point in the future when
we could get them, it would not be so costly to install them since the plumbing is already in
place. The difference between the bond amount and the contract amount are the architects cost
to design the building. So what you are looking at is simply the construction contract which is
just one element of getting the building. We have to pay the architect and the geo tech work,
which makes up the difference between the bond amount and what we had.
D Wilson, who was the contractor, was the middle bid. When the city looks at bids they also
look at best value. For example, there could be a firm who submits a bid but has never built
anything before (maybe they are a new start-up business) or maybe their bid package looks
incomplete and we feel those numbers aren't right then we would want to go with someone
else. While we felt D Wilson was the best value, they were still over our budget. Again, the
entire project budget includes more than just the construction contract. The differences are
these other costs like the architect cost to design the building. We then went back to see what
we could eliminate to bring the cost down. When they came back to council for additional
funds, it was for the stone band around the building frame. Mr. James offered to go over the
documents and the figures with Councilmember Azzoz if he wanted to do that.
Councilmember Azzoz said his main concern is that he feels the facility is very poorly
constructed. They have moved animals from one room to another and the manager's office.
05 -24 -2016 Minutes Page - 20 -
Who was in charge of this project and why can't we hold that person accountable? He was
also told that a city employee has gotten sick from the indoor environment. He does not want
to compromise the health of our staff and the animals. He has seen the mold himself.
He is asking for a solution to not subject our staff to this.
Mr. Wait explained that when they moved the cats, manager's office, and dispatch office, it
was done as they were abating mold the first time, back in November, December, and
January. Even though it was not dangerous mold they didn't want to stir it up and create
allergy issues. After ensuring the mold was abated, they moved on to the next room. Then the
city came back with their own vendor to check and test that the mold was abated. They intend
to go through this process one more time to make sure it is all out of there. At that time they
are hoping to also figure out what is going on with the HVAC system. Everyone who was
involved with building the facility is still involved with helping to correct the problems. Once
we have answers and say this is the cost of returning the building to new, then we can have
discussions about liability, accountability, and who pays what, when, and where. However,
right now we are involved in just getting the problem solved. Everybody involved in the
building of the facility is still around the table.
Councilmember Azzoz said if he was one of the staff he would tell you it is a very poor
environment to work in. He himself could not truly breathe when he went there. We have to
be very careful with that. Our employees need jobs. They may be reluctant to say anything
negative. Mr. Wait said, to be frank, our employees are not afraid to tell us what is wrong.
Conversations have been had and we know about medical conditions. It is a priority issue for
us to make sure they are in a healthy place that is comfortable for them to get their work done.
Mr. Wait said on June 6, Texas Air will come out and will begin the duct work and coil
cleaning work. This will take one to two days. Within two to three weeks of that we will know
the results of what was on those coils and if any are damaged and how many need to be
replaced. Once we know what that answer is, then we will move forward.
Councilmember Azzoz said after that they need to come back to Council with an update.
Mr. Wait answered further questions from council.
Mayor Carpenter moved to the consent agenda items section of the agenda. Mayor Pro -Tem Edwards
stepped away and off the dais.
Consent Agenda Items
1. Minutes — Consideration and/or action regarding the approval of the minutes of the Regular
Meeting of May 10, 2016. (J. Kessel/B. Dennis)
2. Ordinance No. 16 -T -13 — Consideration and/or action approving an Ordinance authorizing
the transfer of funds from the Tree Mitigation Fund to the Parks Tree Mitigation account for
FY 2015 -16, repealing all Ordinances or parts of Ordinances in conflict with this ordinance.
Final Reading (B. James /C. VanZandt)
The following was read into record:
05 -24 -2016 Minutes Page - 21 -
ORDINANCE NO. 16 -T -13
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING THE TRANSFER OF FUNDS FROM THE TREE MITIGATION
FUND TO THE PARKS TREE MITIGATION ACCOUNT FOR FY 2015 -16;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
WITH THIS ORDINANCE
3. Ordinance No. 16 -D -07 — Consideration and/or action approving an Ordinance by the City
Council of the City of Schertz Texas providing that the Code of Ordinances of the City of
Schertz, Texas, be amended by revising Section 86 -115, Maximum limits generally on
specific streets, adding the maximum speed limits for. FM 1518 and changing the maximum
speed limit on FM 2252. Final Reading (B. James/K. Woodlee /C. Palomo)
The following was read into record:
ORDINANCE NO. 16 -D -07
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ,
TEXAS, BE AMENDED BY REVISING SECTION 86 -115, MAXIMUM LIMITS
GENERALLY ON SPECIFIC STREETS; AND PROVIDING AN EFFECTIVE DATE
Mayor Carpenter recognized Councilmember Fowler who moved, seconded by
Councilmember Azzoz to approve the consent agenda items 1 -3. The vote was unanimous
with Councilmembers Fowler, Azzoz, and John voting for and no one voting no. Mayor
Pro -Tern Edwards was not present for these items as he had stepped away from the dais
and Councilmember Thompson was absent. Motion passed. -
Discussion and Action Items
4. Resolution No. 16 -R -37 — Consideration and/or action approving a Resolution amending the
Historical Grant for the Main Street Program. (B. James/B. James)
The following was read into record:
RESOLUTION NO. 16 -R -37
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE SCHERTZ MAIN STREET AREA PRESERVATION INCENTIVE
PROGRAM CITY OF SCHERTZ, TEXAS, AND RELATED MATTERS IN
CONNECTION THEREWITH
Mayor Carpenter recognized Executive Director Brian James who stated in January of 2015,
City Council approved Resolution 15 -R -03 establishing the Historical Incentive Program for
the Main Street Area in order to facilitate the preservation of historic structures to promote the
economic vitality of the Main Street area as a tourist destination, the City of Schertz is
offering incentives that will serve to improve existing properties and businesses within this
area.
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The program provides matching funds up to $20,000 per property to go towards the cost of
renovations. The aim of the program is to protect, enhance, and preserve the historic resources
and landmarks which represent distinctive element of the City of Schertz' historic,
architectural, economic, cultural, and social heritage by providing property owners an
incentive for protecting their property; stabilize and improve property values; foster civic
pride in the beauty and accomplishments of the past, and to promote the use of the historic
structures for the culture, education, and general welfare of residents, and strengthen .the
economy of the city by protecting and enhancing the attractiveness of the Main Street area to
residents and visitors, as well as provide support and stimulus to businesses.
That resolution established details of the program including eligibility requirements, a map of
potentially eligible properties, and a copy of the funding agreement are provided as
attachments. To date, no one has applied for the grant. To encourage property owners to
utilize the program, Staff and the Schertz Historical Preservation Committee are
recommending two changes to the program. The first is to slightly expand the area eligible for
the program slightly from the intersection of Main Street and Aviation Blvd. to Main Street
and Curtiss Ave. The second change is to eliminate the requirement that properties must be
designated as a Landmark Property.
$40,000 has been budgeted for this program from the Hotel Occupancy Tax Funds. Staff
recommends approval of Resolution 16 -R -37 amending the Historic Incentive Program for the
Main Street Area.
Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Mayor Pro -
Tem Edwards to approve Resolution No. 16 -R -37. The vote was unanimous with Mayor
Pro -Tem Edwards, Councilmembers Fowler, Azzoz, and John voting for and no one
voting no. Councilmember Thompson was absent. Motion passed.
Roll Call Vote Confirmation
Mayor Carpenter recognized City Secretary Brenda Dennis who provided the roll call votes for
agenda items A and 1 through 7.
Requests and Announcements
8. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
Mayor Carpenter recognized City Manager John Kessel who stated earlier this week he
attended the ceremony called the "Frocking Ceremony" for Col. Matthew Isler, the Base
Commander who has now become Brigadier General Isler and is serving our Country in
Bagdad. He stated that they flew him back for this ceremony and he was there with his family
with various other important dignitaries. It was quite the ceremony and it did make him think
and he wanted to share with Council what is going to happen to the base now that he is gone
as he was such a driving force. A question came to him are we still going to have that
05 -24 -2016 Minutes Page - 23 -
relationship. This is the basis for his next kudos. Ms. Sarah Gonzalez has been working very
closely with the 435t' and the calendar for next year to make certain that the base is
participating in our community in a number of different ways. These are significant for the
men and women on the base as well as significant for us. For example this Thursday you will
see members of the base being involved by volunteering and cleaning up the Veterans
Memorial Plaza area to get it ready for Monday's event. They want to do this and this is
something they are very proud of. Ms. Gonzalez has other events scheduled for the months
ahead involving them. We are actually increasing our relationship with members of the base.
Mr. Kessel stated that Executive Director Dudley Wait has provided an update as requested by
Councilmember Azzoz regarding the Gutierrez case and it should be at your place on the dais.
9. Future Agenda Item Request for City Council: This is an opportunity for City Council
members to request that items be placed on a future agenda. No discussion of the merits of
the item may be taken at this time. Should a Council Member oppose placement of the
requested item on a future agenda, the Mayor, without allowing discussion, shall ask for the
consensus of the other City Council members to place or not place the item on a future
agenda.
No items were requested.
10. 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
Mayor Carpenter recognized Mayor Pro -Tem Edwards who thanked and complimented staff
on the recent Council on the Go meeting that was held. He also stated that as mentioned we
will be having a Memorial Day celebration and also that the City of Cibolo will be hosting
one as well and encouraged those present to also go and participate.
Mayor Carpenter recognized Councilmember Fowler who stated that he attended the
following events;
• Wednesday, May 18, 2016 — Schertz- Cibolo Police Department Memorial Services
• Thursday, May 19,2016— SSLGC Meeting
• Monday, May 23, 2016 — Parks Advisory Board Meeting
• Sunday, May 22, 2016 —EMS Awards Banquet
Councilmember Fowler stated that he had a meeting with Dennis Smith of Lowes to discuss
the Cabana project; he also stated that Mr. Smith as well as Mr. Ed Ford are trying to assist in
obtaining an engineer for this project.
Councilmember Fowler stated that he met with Community Health Manager Kelly Burnam on
the MIH program and discussed how their program could also assist with those involved in
the Love Where You Live Program.
05 -24 -2016 Minutes Page - 24 -
Mayor Carpenter recognized Councilmember Azzoz who thanked all those that attended the
Operation Comfort fundraising event held Monday, May 23, 2016.
Mayor Carpenter stated that he had discussed this with Mr. James already but he would like
him to have the Transportation Safety Advisory Commission .(TSAC) take a look at the
school zone signage on Curtis, particularly the cross streets; it seems ambiguous to some
degree whether you're in the school zone or not. He would also like to ask the Transportation
Safety- Advisory Commission if they are ready on their first commentary and first thoughts on
public transportation. Mayor Carpenter stated that a few years ago we talked about the need
to think about public transportation and he would love to hear their first commentary on the
issue and what we might do.
Mayor Carpenter recognized Executive Director Brian James who stated that the issue of one
of the flashing lights in the school zone on Curtiss was not working; he wanted to report that
this has already been addressed and fixed. Mr. James stated kudos go to Public Works for
going out there and getting it up and run ing quickly.
Mayor Carpenter recognized Councilmember Fowler who also reported that on FM 1103 at
the intersection at IH 35 and FM 1103, as you are getting off on the freeway, past the
McDonalds one of the traffic lights is twisted, and you can't see it. City Manager John Kessel
stated that with the recent winds there are several lights that have been twisted and he
encouraged everyone that comes upon one of the lights and the signal heads are turned
sideways to please contact 311 and report them.
Adi ournment
Mayor Carpenter adjourned the meeting at 9:49 p.m.
2
vM
M hael Carpenter, Mayor
ATTEST:
ti
Brenda Dennis, City Secretary
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