Loading...
09-12-2017 MinutesMINUTES REGULAR MEETING September 12, 2017 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on September 12, 2017, at 6:00 p.m. in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building 44, Schertz, Texas. The following members present to -wit: Mayor Michael Carpenter Councilmember Mark Davis Councilmember Scott Larson Councilmember Angelina Kiser Staff Present: Executive Director Brian James City Attorney Dan Santee City Secretary Brenda Dennis Mayor Pro -Tern Cedric Edwards Councilmember Ralph Gutierrez Councilmember Robin Thompson Councilmember Bert Crawford City Manager John Kessel Executive Director Dudley Wait Assistant to the City Manager Sarah Gonzalez Call to Order — City Council Regular Session Mayor Carpenter called the meeting to order at 6:00 p.m. OpeninLy Prayer and Pledges of Allegiance to the Flats of the United States and State of Texas. (Mayor Carpenter) Mayor Carpenter 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 Executive Assistant Brian James who provided the following announcements: Wednesday, September 13th Blood Drive 7:45 am —12:00 pm Parking Lot Contact Kellie Burnam, Ext. 1430 Saturday, September 16th Schertz Pickrell Park 9 -12 -2017 Minutes Page -1- Tuesday, September 26th City Council Meeting 6:00 pm Council Chambers SAVE THE DATE: Friday, September 29th Star Party 7:30 pm —10:00 pm Crescent Bend Nature Park Thursday, October 26' Simonson Volunteer Appreciation Dinner 6:30 pm Schertz Civic Center Friday and Saturday, October 27 -29 Skylight Balloon Fest River City Community Church Grounds, 16765 Lookout Road, Selma Election Information October 9th -Last day for submitting Voter Registration Application to vote in the November 7, 2017 Election and last day for requesting Transfer of Registration in time to vote. October 23, 2017 -First day in which Early Voting begins. Information regarding Early Voting locations and times and Election Day locations will be posted on our city website. Mayor Carpenter recognized Guadalupe County Commissioner Jim Wolverton who was in the audience tonight and thanked him for joining us. Ilearina of Residents Mayor Carpenter stated that individuals wishing to speak tonight would not be required to provide their address (for security reasons) but to please state their name for the record. Councilmember Davis inquired as to the reason we are deviating from our normal procedure. Mayor Carpenter stated he received some information today that he thinks is pertinent and justifies the change for this evening; plus, it is not required by our rules and is merely a tradition and therefore he thinks it is fair to dispense with it at this time. Mayor Carpenter recognized the following individuals who spoke: ® Ms. Melba Smith, who stated she has been a resident since 1957. She spoke about the flood plain and the flood program. She has experienced three floods -- in the 1960's, 1998, and 2000. We need to research this more because FEMA is going to continuously take money from the residents. She feels we should have the option, not the demand. She thinks we need to relook at Cibolo Creek, and how it is different now than it was years ago. Someone needs to look at the depth and width and compare the differences from the 9 -12 -2017 Minutes Page - 2 - 1960's to what it is today. She predicts it is not as shallow, deep or wide from years ago. Her next step is to talk to FEMA and see what they can do for us. Also, Main Street has always flooded and it needs to have some drainage. The other thing are the jets that continuously fly overhead. They have deviated their flying route from the past and the noise is disturbing to your kids studying in the schools. She is tired of having her house rattle. Someone needs to call the Wing Commander to see if something can be done. Lastly, she spoke about the Veterans Plaza which was turned over to the City. A committee needs to be formed to honor veterans at least once a year. This year during Memorial Day, the VFW had to pick up the responsibility for the ceremony at the last moment. It needs to be organized and planned. If you come to our meetings you will find that you will find someone to help you. Back to the flooding, the railroad bridge has changed —the pillars are bigger, taking up more space where the water could go. We should ask the railroad or construction companies for help to fix the problem. ® Mrs. Clare Layton, (Schertz ETJ resident) who stated that `words matter'. Mr. Thompson's apology for his use of the entire `N' word was inadequate. He seemed more concerned that folks shared his Facebook page than he was about posting it. In defending his past there was no excuse for directly quoting language that included that despicable word, showing no true remorse for his offensive language. She spoke of his `re- election' signs on many local businesses who also know him because of his connections to The Chamber, but do they know of his inappropriate use of that culturally offensive word? Because the Mayor had altered the public records of the meeting (last week), they may never know. Tonight, she was going to ask that those people who find his words offensive, boycott those businesses, not as a political act but as an economic statement of our belief that `words matter'. However, tonight she wants to address some other words from the minutes of the prior meeting spoken by Councilman (Larson) Place 3 who said he unexpectedly witnessed a play, `which was a political drama with some unscrupulous individuals putting selfish ambitions before community goods.' Words matter. The Bible tells us, `Judge not, lest ye be judged.' She, who he does not know, was one of those judged. Now is the time for the `lest ye be judged'. She described her past experiences in attending her first township government meetings in Ohio. Her witness of the lack of community involvement concerned her so much that it then became her life's work to encourage people to participate in their local government, not just to vote, but also to attend local meetings. When she hears people complain, she encourages them to attend city meetings and address the entire council. She humbly suggests that the Place 3 Councilmember hold his counsel and not pass judgement until he has acquired more experience. Remember, words matter. Last week, another councilmember's words from the dais were ill - chosen and hurtful. This cannot continue. Your inaction can be interpreted as condoning the speech of these gentlemen; council must do something. ® Ms. Diana Taylor, who stated when she first came here to council regarding home(s) in Pulte, no one believed her. Tonight, she comes alone and no one is telling her what to say or how to say it. As she stated last week, she is very offended and hurt and has not rested. 9 -12 -2017 Minutes page - 3 - For anyone on this council to have the nerve to put something out there to represent the City is wrong. It is too late, because it is going around to everyone. For anyone who is here to speak on behalf of this councilman for what he did, then you practice the same thing that was posted on Facebook. She suggested Council think about what they are going to do tonight, because then you have created something that Schertz does not need. We need to focus on Schertz and how to build it up and clean it up. We don't need a divided city. She asked they consider asking this individual councilman to resign because he also represents each and every one of you. She looks forward to seeing what action will be taken tonight, because there was no direct apology itself when it went on the news. ® Ms. Penny Jennings, a resident of Schertz, who stated she respects each one of Council for what they do for the City. It is difficult being in the position they are in and to be judged for all the things you do and say. While it is Councilman Thompson today, it could be any one of you tomorrow. She watched the city council meeting of September 5 and also the entire episode of the Facebook postings. A friend called Mr. Thompson on it, he immediately deleted it and apologized. He also put out a public apology right after the post and in her opinion, took ownership and felt genuinely sorry. She feels this has gone much further now and that it has turned into a personal attack by a few people who have other agendas. She also wanted to address Grumpy Azzoz, who is running for a position on the SCUCISD Board, who implied at the prior council meeting that when you post something on Facebook it should be factual. He himself did what Councilmember Thompson did, but left out a fact—Mr. Thompson's apology —and posted only the part he wanted people to see. He also contacted the community concern page that she created, saying that some of them were a hate group and uneducated, because some of them don't believe the way he does. She can't help that people remember what he said while he was a councilman; he needs to own that himself. To clarify, the community service Facebook page is for sharing many different views from Cibolo and Schertz, from our city events to our elections. The group is definitely not a hate group. Yes, Councilmember Thompson posted it and he has taken ownership, but for someone else to keep sharing that post (12 times), without showing the apology, is a bit excessive, while claiming to love our city and businesses. He also encouraged businesses who allowed Councilmember Thompson to place his campaign signs on their property to remove them. If they didn't, he encouraged others to boycott these businesses. This is creating a division in our great city. She supports Councilman Thompson and thinks we have all done and said things on Facebook that we later wished we had not. Mr. Thompson, took ownership, deleted it, and apologized. How many of you have done the same? Mr. Thompson has been a great leader for our city. He has been a church pastor, an HOA president, vice - president of operations of The Chamber, and a city councilmember. Let's not let this be the defining moment of who Councilmember Thompson is and what he has done for our great City of Schertz and the surrounding area. ® Ms. Melva Stultz, who stated she was here to talk about the rezoning in the southern part of Schertz. She has lived in the area for 40 years. She feels there will be a loss in their 9 -12 -2017 Minutes Page - 4 - property values and probably no compensation for that. They live there and feel safe and she hopes you all will consider them when you make your decision tonight. ® Mr. Saen Azaro, who is a pastor of a church in the area. He has been acquainted with Councilmember Thompson for several years and knows him to be a decent and honorable man who has served the City of Schertz well. He feels what is currently happening with him is a character assassination. Yes, he shared a politically charged post —ill advised. However, he removed it quickly and has apologized for it publicly repeatedly. To be clear, Robin did not make any racist remarks. He shared a post, implying hypocrisy within a political group called Black Lives Matter. The group, like most, is a mixed bag which has made some truly important points, but has also been a platform for some controversial and sometimes hateful words /actions. In fact, he knows of some people of color who say, this group does not speak for them. He thinks we need to clarify that Robin has not shared racism or exhibited racist behavior—at least not that he has seen. However, a small group has seen fit to disparage him in an effort of what seems to be a political agenda. He doesn't want to see the City, Council, or The Chamber be held hostage by this type of attack. We should stand together against this type of manipulation. He is a good man. What is to stop something like this from happening to the rest of us? He spoke of Jesus and the golden rule. What would we want done if we made an error of judgement and retracted promptly with an apology? He thinks this is what should be considered with Councilman Thompson. ® Mr. Dana Eldridge, who stated he was a little offended by the picture of the truck shown earlier listing the `Antifa' — that was offensive to him. We say `Judge not, lest you be judged'. Christ said, `Throw the first stone'. If you live in a glass house, you shouldn't be throwing the first stone. Mr. Thompson has given an apology and who is he to say that Mr. Thompson's apology was not heartfelt. He has heard two people come forward and say his apology doesn't mean a thing. Who are they to judge? He thinks it has been blown way out of wack. It's a good city, council has kept things very nice for us here and to let something like this completely divide and destroy our city is not a good thing. So if you live in that glass house, don't be throwing stones. ® Mr. Grumpy Azzoz, who said he has listened to all of this, and Mr. Thompson did not apologize that evening. On the record, he issued no apology. He doesn't understand why people say he apologized. He did not. The post that I shared is the actual post that was sent to me. There is no editing—Grumpy Azzoz did not put that, Mr. Thompson did. Grumpy Azzoz did not say `I was accused of being a racist four times.' After listening to the tape that night, it made me more angry. Because there is no church leader that will go to a pastor and tell him, I am firing you because you give water, and you give food to that `bleep'. There is no way —that is insane —that did not happen. I don't believe it happened. No church leader(s) would say that. There are rumors that, you know, Grumpy's adopted brother is black. He is black —he's used to it that's the way he is —and I love him for who he is —that is my brother. But Mr. Thompson never apologized once. I am speaking on behalf of the `right thing to do'. He doesn't have a personal agenda with Mr. Thompson —we served together and we have our differences. An apology was not given, look at the DVD of that night. I (Grumpy) do not have a motivation. I don't have an 9 -12 -2017 Minutes Page - 5 - agenda. But you know what, this is going to be bigger. When I say it is creating this hate group —it's not going anywhere. I will post it over, and over, and over, because it was the wrong thing to do. It was the wrong thing to call people of color —I don't care how you used it —the `N' word. I have never once been called a racist. Mr. Thompson was called so four times. That evening, Mr. Thompson could have apologized—he could have ended it. But he decided to rumble and go to the brown and the black. I'm not accepting it. The only apology to be accepted at this time, (whether it happened or not) is for Mr. Thompson to step down. He is not anymore a leader of our city. A lot of people have called him and a few of you on the dais that sent me the text messages and also the posting. Do not hide behind the seat. He (Mr. Azzoz) is for you, the white, the brown, the black, the purple, the yellow. ® Mr. Brian Burcham, who stated he is the one that called Robin out on his Facebook post. He is a friend of his and a mentor through The Chamber with his own business. He is a married father of two small children running a business in this city that he is a transplant to. He is not a native Texan. Robin did apologize. I made my comment at about midnight and Robin apologized and retracted the whole thing first thing the next morning. He doesn't think he thought this all the way through before he posted. This is a very divisive time in this country and in this city and he is seeing it come to this small town. He recently visited Portland, Oregon who has a lot of far -left progressive politics. We happen to live in a state that is a lot more conservative. In the San Antonio / Schertz area he has begun to notice an echo chamber and a bubble that we are living in. He does not defend anybody who does anything that hurts other people (words or violence). Yes, words do matter. Robin's words of apology the next morning mattered to him. He believes this has turned into something that is going to divide this city. No matter what, something is going to come out of this and he does not envy Council's position tonight. He does not apologize for calling Robin out—he stands behind his decision. He stated that `cooler heads prevail' in this. Remember, in the under 40 crowd, we are large in this area, we are awake, voting, and pulling together. We are kind of tired of this stuff — immediate character assassination of anybody who says anything without thinking it all the way through. He himself said three things today in his business setting that he was reaching out to try and bring back into his mouth afterwards and he had to apologize for them. Granted, he is not an elected official, or a church leader. It is important to him that Robin Thompson's character not be torn down and his character not be completely washed out because of one Facebook post. Facebook and the internet are wonderful things but they are being used to hurt people too, and on both sides. The picture of the empty truck with the Antifa stuff on there—if you do a google search you will find the same exact picture with a picture of Joel Olstein's face in the back saying what are Christians doing to provide for Hurricane Harvey? He is agnostic in his beliefs—he doesn't claim left or right, but to call a man out for a minor misgiving or a minor lapse of judgement and to ruin him and his family, after all he has done for us in this city would be an absolute disservice to the City of Schertz. He recognizes Mr. Azzoz who spoke earlier and doesn't know him but what he takes offense to is when the hate group is standing behind us —he calls BS on that. This city is not filled with racists, bigots—he has seen people pick each other up every single day. We 9 -12 -2017 Minutes Page - 6 - come out of our pockets to help people. All of us do, because it is the right thing to do. He believes the right thing to do is let the voters decide what to do with Mr. Thompson in the upcoming election. ® Mr. Greg Howell who stated he also read the apology that Mr. Thompson had posted on Facebook, so he doesn't know how it can be said he did not apologize. He belongs to the Belmont Park Facebook page and according to a comment by a citizen who spoke at the last council meeting I'm an uneducated person because I follow that Facebook page. He also spent 30 years in the army and as a civilian until his second retirement. During his 45 years of military and civilian service he was also an equal opportunity board member, hearing allegations of racism. What Robin Thompson did was not a racist act. After Mr. Thompson posted the picture on Facebook, a friend of his who spoke previously, told him that people may be offended by the picture so the next day Robin removed the picture and wrote an apology to anyone who may have been offended. To Mr. Howell, that ended the episode. However, someone else decided not to let it rest and began stirring the pot and implied the picture was racist. For that to be true, the picture would have to target a single ethnic group. Since one of the groups (Antifa) is comprised of a majority of Whites, with other members being Hispanic, Black, and Asian, he fails to see a single ethnic group identified that will make that posting racist. Being white and also a native American I wasn't offended by the picture. To him the picture asks what has either of the groups identified in the picture done to support the victims of Hurricane Harveya question that has been asked numerous times by the media. Recently, a Houston councilmember made comments about the lack of support by the Red Cross in the area he represents and he encouraged people not to donate to the organization. He, in his opinion has the lawful right to question the lack of support from an organization just the same as Robin Thompson has. This is not an aggravated failure like bank robbery is which is described by the Texas State Statute and Penal Code and Federal Law as an aggravated felony and is punishable by imprisonment. Expressing one's opinion of what type of support is provided during a natural disaster is not a criminal offense and not punishable by imprisonment. He would say to those present, `Judge not or ye shall be judged.' Accept the apology given and put the issue to bed. ® Ms. Rosemary Hendrix who recited the City of Schertz Core Values. She worked for many different companies and her responsibilities were to know the laws and to protect the liability for the company she was employed with. She knows that each councilmember works for the citizens and the City of Schertz. As a councilmember it is very important that you know every day that what you say and do is scrutinized by people that put you in that position —you are always in the public eye. She didn't just listen to the post and the media, she came forward and purchased a copy of the council meeting CD of last week. What hurt her the most was to watch and witness how the council and Councilmember Thompson tried to dismiss the severity of the post. She wasn't sure what was worse, that Councilmember Thompson stated that he did not realize it would offend people or the lack of apologies from him and the council that night. The prepared speeches by Mayor Pro- Tern Edwards and Councilmember Gutierrez did not show the apology to the people 9 -12 -2017 Minutes Page - 7 - affected who were present. What is missing here is that the post is about the Hurricane victims —does anyone here realize the devastation these people are going through? What is getting them through this is the humanitarian acts from people. Posting anything about the hurricane victims, would that have not hit your heart, before you posted it? Would you be that insensitive? That is why she is having such a hard time with this. There are so many acts from other cities showing support for the victims and what do we have from the City of Schertz —this is not the way we want our city represented? Yes, this was a slip, but you all know that everything you all do is watched. Mr. Thompson is not just a councilmember, he is also in The Chamber and the responsibilities to the city are bigger than what a regular citizen has. Besides the victims of the hurricane not being apologized to, we have a lot of youth who are social media savvy and kids look up to authority and you have an obligation there to the youth. Council has had previous requests at meetings on developing /reviewing policies regarding postings on social media. In going through the recent past city council meeting minutes, council could not even agree on this. She again referenced the city core values. She said all she is asking is that when citizens come forth to present something to council, it is nice to know that council is hearing us and wanting to assist with solving issues. ® Mr. Grady Morris, who stated he has served as a former police chief and is now retired. In his lifetime he has seen the best and worst of man. He wants to speak tonight from the heart. He wants people to understand. He told a story about meeting a man years ago who told him he had never before sat down and had a conversation with a black man. After conversing for a while, he told him that he could appreciate him. He was not like what he thought black people would be like. And Mr. Morris appreciated him for being truthful. He wants you to know that what that man said is `not the worst' of man. What the worst is to see a man kill a woman, cut her up and put her in the back of a car, set her body on fire and light a cigarette and smoke it. Unless we get to a point where words do not define us as a people we will forever be caught up in this situation we find ourselves in today. Whites against blacks, blacks against whites, Hispanics against whomever. Aren't you sick of that? I am! He is sick and tired of his city being dragged through the mud because of a mistake. He made a mistake, and he apologized for it. God said we are all created in his image. Yes, racism is a problem in our society, but does it define me? No, it doesn't. I'm friends with you, you, you, and you, hopefully not because of the color of my skin but because of the content of my character. Mr. Thompson, your words didn't defend me, because they didn't define me. I am a pastor of a local church and my duty is to God and the people he has put under my charge and my job is to connect with others so we can all come together. Mr. Thompson has done nothing compared to what I have seen and he has seen and that man has seen. ® Ms. Michelle Womack, who stated a member of council had a brief error of judgement and posted something on social media that was viewed by some as offensive and in- appropriate. He subsequently removed it and apologized. In life we all have errors of judgement. True character is shown in the way that error is dealt with. For his quick response and honesty, she thanked Councilmember Thompson. 9 -12 -2017 Minutes Page - 8 - She stated she wanted to focus on the legal aspects of this issue rather than her own emotions. In her view councilmembers both past and present have always worked diligently together. Because of this the City has a reputation of having a constructive council and working as a team. She hopes this will continue. In spite of high emotions, decisions and actions must be made on doctrines that govern the council in our city. There is no reference or regulation in Ordinance 16 -M -38, 16 -M -02, or the City Charter pertaining to social media. There are no guidelines that were broken in that unfortunate media post. As far as censure by a Councilmember made on September 5, that is not appropriate for this situation. According to Ordinance 16 -M -02, a censure is only warranted under the following situation, which she quoted from page. 9 (..... for multiple and or serious infractions against the City Council Code of Ethics). She said there is nothing in the Code that says anything about social media. She urged Council to spend some time reviewing the Code of Ethics along with the Rules of Conduct and Procedure again. She applauds the council and the city for their long history of working together which is why Schertz continues to be a city of excellence. ® Ms. Ethel Ward, who stated she was here tonight to request help in getting a building permit. Her and her husband (now disabled and in a wheel chair) purchased a house at 414 Brooks in 1963 and paid $8,500. They paid it off and saved their money and want to add another bathroom. In 2013 they applied for a permit, but were told they needed some engineering plans. Then they said you need your property surveyed. After multiple attempts they still never granted her a permit, so she finally gave up. This July they tried again, found a contractor and the city still said, you need these things. So they provided the engineering plans, the survey and a cost estimate. Still no progress. Today, they said according to FEMA, you can't make an improvement that is going to cost more than 50% of the value of your home. Your home isn't worth enough for you to add this room. The city also said they needed an estimate of the value of the home. The paper she took was a value for 2016 and the city said they couldn't use that one, it had to be for 2013.Now today, they called and said they would need to hire an appraiser to do an estimate of the value of their home. Note: Mayor Carpenter referred her to speak with Executive Director Brian James regarding her permit request difficulties. Mayor Carpenter stated that there are a number of citizens that have come in this evening and spoken to us about a couple of items. He believes that it would be appropriate at this time for the Council, and if the Council would indulge him, that we move straight to our closed session and deal with what we have before us head on. So, with the indulgence of Council and no objection Mayor moved to Closed session. Mayor Carpenter recognized Councilmember Thompson who asked for a Point of Privilege. Mayor Carpenter recognized Councilmember Thompson for the Point of Privilege and asked Councilmember Thompson what his Point of Privilege is that he would like to make a statement. Councilmember Thompson answered, he would like to 9 -12 -2017 Minutes page - 9 - make a statement and apologize to everyone here. Mayor Carpenter stated that if there is not an objection from Council his Point of Privilege is well taken and so ordered. Councilmember Thompson read the following: "To Mayor Carpenter, the City Council, Mr. Kessel, the staff of the City of Schertz, and to all our city's residents. I deeply and sincerely apologize for all the embarrassment, hurt and confusion that I caused to the City Council, its staff and employees and especially to all the residents of Schertz to my lapse of judgment in the sharing of an inappropriate Facebook post as well as an offensive word I should never have used, even in the context of a direct quote towards me in trying to explain my mistakes last Tuesday night. These mistakes do not reflect who I am in my inter being and from this point on please know that I will focus all my efforts in striving to be the leader you expected me to be when you elected me into office. My deep appreciation is also extended to the many folks throughout our community who have contacted me and extended words of grace, forgiveness, encouragement and wisdom through this humbling time of my life." Respectfully, Robin Thompson. Mayor Carpenter moved into closed session. Closed Session 6. City Council will meet in closed session under Texas Government Code Section 551.071, Consultation with the City Attorney and Section 551.074 Personnel Matters to deliberate the evaluation, duties or discipline of a City Council Member. City Council will meet in closed session under Texas Government Code Section 551.074 Personnel Matters to deliberate the appointment of a City Prosecutor. Mayor Carpenter convened into Closed Session at 7.-07p. m. Reconvene into Regular Session Mayor Carpenter reconvened into Regular Session at 9:15 p.m. Councilmember Thompson did not return to the dais. 6a. Take any action based on discussions held in closed session under Agenda Item 6. Mayor Carpenter stated that he moved from the Chair that a Writ of Censure be read into the record, and the motion was seconded by Mayor Pro -Tem Edwards. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Kiser and Crawford voting for and no one voting no. Councilmember Thompson was absent from the dais. Motion passed. Mayor Carpenter recognized Mayor Pro -Tem Edwards who asked and called for a Point of Procedure and requested that the Mayor read the Writ of Censure. Mayor Carpenter stated 9 -12 -2017 Minutes Page -10 - that the request of the Writ of Censure will be read into record and read the following: "It is the finding of the City Council of the City of Schertz that: 1. The word used by Mr. Thompson in our meeting of 5 September is unacceptable, inappropriate and without merit in any context or in any manner at any time. 2. The use of the word is further found to be indecorous and therefore in violation of our Rules of Procedure and Mr. Thompson is hereby ordered not to repeat this offense against our rules. 3. Mr. Thompson is hereby placed under censure by this Writ by this Council for a period of 30 days, and as such, is found to be "not in good standing" with this body for that period. Separately, from the Writ of Censure, this Council finds that the post itself was not appropriate and is not condoned by the City Council and is not reflective of its opinion as a body. Mayor Carpenter recognized Mayor Pro -Tem Edwards who asked for a Point of Procedure, Mayor Carpenter recognized Mayor Pro -Tem Edwards who asked that the Mayor place the Writ of Censure in writing. Mayor Carpenter stated that the request is that the Writ of Censure be reduced to writing in the minutes, and asked if there was an objection from anyone. As there was no objection, Mayor Carpenter stated it is so ordered and will be reduced to writing in the minutes. Mayor Carpenter recognized Mayor Pro -Tem Edwards who asked if Councilmember Thompson could rejoin them on the dais. Mayor Carpenter asked that Councilmember Thompson please rejoin them. Mayor Carpenter moved to the Workshop portion of the agenda. Workshop ® Discussion and update regarding the next phase of the Skate Park. (B. James /C. VanZandt /L. Shrum) (Item requested by Mayor Pro -Tem Edwards) Mayor Carpenter recognized Executive Director Brian James and Director of Parks & Recreation Chuck VanZandt who updated the Council regarding the next phase of the Skate Park. Mr. James provided the following information regarding Phase 1. Overview Phase I ® Opened March 2014 ® Funded through $25,000 grant from CCMA and city funds. 9 -12 -2017 Minutes Page - 11 - • Total Cost approximately $140,000. • Constructed through design build process by SPA Skateparks. Mr. James stated at the time they had looked at the initial first phase, what was built was slightly different than the schematic. You essentially have the three flat round pods, you have the rails and the raised island on one of those that was constructed. Mr. James stated that ultimately the idea was to do a number of other circles with it and including some other larger phases, the bowl beck, and the larger main plaza index as well. The idea at the time was that it could be done in maybe two more phases, but the theory was you could build all of it in one more phase, so three phases ultimately or two phases ultimately. A couple of years ago they touched back around on what they thought the cost would have been. It was approximately $600,000 at that time — assume $750,000 for inflation/design updates for today. This is a ballpark because what we would do is go back to SPA Skateparks and make sure we had support for the rest of the design and elements we wanted, and we would adjust it to what budget we had and that could follow. The other part, in addition to funds that are not allocated due to the time element, the Parks Department is managing the trail grant, the fitness station, the park on Schertz Parkway, and the Hilltop Park trail/tower project. The issue, to be blunt, is funding at this point and to be able to manage it. Mr. James addressed questions from Council regarding when the next phase is to be completed and wanted to make sure that this was still on our radar. • Discussion, update and progress regarding the meetings with residents in Southern Schertz regarding JLUS /Land Use. (B. James) (Item requested by Councilmember Thompson) 9 -12 -2017 Minutes Page -12 - Mayor Carpenter recognized Executive Director Brian James who stated this is an update on the JLUS Community meetings. Mr. James showed the following map stating that this is where we started to amend the City's Future Land Use Plan and Comprehensive Land Use Plan for the areas in Southern Schertz that are a part of the APZ areas and the area in between. CURRENT. t. '~ 1 0 � C I \\ I 1 I j to 1 p SCHERTZ i.a. [) r r. 0— . �, Proposed Future - ^ ��� i ��-� 0 GpNNV10[T•SEflVCE-VIPOItNNRY � rs. �i q�us.r � rr Land Use Change ■ o t'tm,� Mr. James stated that you can see on the map on what we are changing is the land uses in the APZ II which are the most southern to outside areas and the areas in between. The APZ I's generally have the appropriate designation from the previous plan. Property Density Primary Change in the 2015 JLUS — in Accident Potential Zone II from 2 residential units per acre to I unit per 20 -acre in the east APZ II and 1 unit per 10 acres in west APZ II and the area between the APZ I and APZ II where previously it was 2 units per acre or not having that restriction generally on in the area between. Community meetings were held on May 25, 2017 and August 15, 2017 to discuss proposed changes with residences and walk them through it. 9 -12 -2017 Minutes Page - 13 - The most significant issue discussed is proposed density change — going forward how large must new lots be to subdivide property. It's not about creating non - conforming uses, they spent a lot of time in the first meeting covering this. So, if you have a lot that's 1/4 of an acre, it's not about making it non - conforming and having difficulties pulling building permits, it's about if you come in and you say I want to file a plat to subdivide; what's the minimum size to do that? We certainly can write the code to do that. Since that meeting and afterwards, we heard from the residents. City Staff has met with Staff from JBSA Randolph to discuss density issues. The general feeling was they understand it is south of an airport for a lot of flights and we don't necessarily want to construct a lot of density, but frankly 1 per 10 and 1 per 20 seems to have gone to an extreme that is unnecessary. We went back and had some of those conversations. Basis of Past Density Recommendation Mr. James stated that part of what Randolph did was to go back and look at some of the information which were some of the studies in regard to Air Force accidents. Mr. James provided the following information: Study of Air Force aircraft accidents from 1968 to 1972; from that they established the Clear Zones (CZ), Accident Potential Zones (APZ I and APZ II) were established based on crash patterns. In the old 2007 JLUS it stated when a crash does occur, the result is often catastrophic even though the risk to people on the ground being killed or injured by aircraft accidents is small which is why the Air Force approaches this safety issue from a land use perspective. Thus, the idea is to deal with land -use issues and is the way to mitigate this going forward. Basis of Past Density Recommendation Mr. James provided the following information based on the study: 1968 to 1972 accident study revealed (369 major accidents): 61 percent related to landing operations 70 percent occurred in daylight Fighter and training aircraft accounted for 80 percent of accidents. Study updated in 1995 — 838 accidents between 1968 and 1995 Average Impact Area for Approach and Departure Accidents (75% have definable impact area) Fighter, Trainer and Misc. Aircraft 2.73 acres is the size of the debris field So How Does the Study Date Relate to Randolph? 61% related to landing operations 30% takeoff 9 -12 -2017 Minutes Page -14 - Increased risk on takeoff due to bird population and feeding patters. 70% occurred in daylight Fighter and training aircraft accounted for 80% of accidents. Randolph based aircraft are all trainers so more likely than "average" to have an accident. Study updated in 1995 — 83 8 accidents between 1968 and 1995 Average Impact Area for Approach and Departure Accidents Fighter, Trainer and Misc. Aircraft 2.73 acres Randolph Bird Strikes One of the problems Randolph has is bird strikes. Strikes occur more per fight hour at Randolph than any other bases flying the T -38C. They have a bigger bird problem and that may be in large part due to the fact that they have a lot of trees; they have the pond at the golf course and other areas around Randolph where the birds go off to feed. As you can see, this is a higher -level as birds are a higher problem there. Randolph is trying to mitigate this problem by tree trimming and other efforts on base to reduce that. When the JLUS was first done, that awareness of that problem had come to where that was most great, so they were quite focused on that and had not gotten into mitigating as much as they have now. Lot Size/Debris Field Size Fighter, Trainer and Misc. Aircraft 2.73 acres - Average Impact Area for Approach and Departure Accidents 2 units per acre (1/2 -acre lot size) from previous JLUS — more than 5 homes likely to be affected by accident 2.5 -acre lot size - 1 home likely to be affected by accident 5 -acre lot size about .5 homes impacted — the hope is one will not be Proposed Lot Size What came back from Randolph is that of a recommendation to do a 5 -acre minimum lot size going forward. So, what that means is, if it were incorporated, the request, and we included it, is if someone owns less than 10 acres, you would not be able to subdivide the property. It would be usable for one home essentially, because they didn't have enough land to get down to both of them being 5 acres. That is the real crux of the impact, and he stated that what he has heard from citizens over and over after we clarified, it's not about non - conforming uses, it's not about not letting you build a barn or shed or an addition to you home, it is really about, you come in and you want to subdivide. 9 -12 -2017 Minutes Page -15 - Additional Regulations from JLUS that plays a role Additionally, there are recommendations in the 2015 JLUS that were in the 2008 JLUS that need to be considered such as generally no residential in areas with 65 db. or greater in the noise contours. This is something that we need to incorporate in the code. We have already incorporated the sound continuation requirement, but that plays a factor in this as well because part of the area within the eastern APZII is within that 65- decibel area. That would be another factor over there why you wouldn't want to do that. Mr. James provided the following that shows the sound contours that are out in that area. Mr. James stated he can appreciate the comment from the woman tonight about how the planes fly; part of what the JLUS covers is what those flight patterns are, what they were before and what they are now. We can certainly go back and revisit that. When you look at those flight patterns that are designated, it flies overhead quite a bit. Part of where the recommendation where the 5 -acre minimum comes into play there are a couple of things: One is we typically tell folks if you want to subdivide a tract of land you have to come in and go through the platting process. It's a subdivision and you have to go through our platting process and platting standards which means lots have to meet the appropriate sizes, widths, depths and you have to construct infrastructure to serve that development. Just like a typical residential neighborhood. State law provides an exemption for subdivisions if both the parent 9 -12 -2017 Minutes Page -16 - and the new tract are at least 5 acres, essentially have access to a frontage on a road and if it doesn't trigger new infrastructure to serve those lots. One of the problems we had with the 1 unit per 10 -acre and I unit per 20 -acre is folks don't have to go through us if they keep all lots above 10 acres. So, by going with the 5 -acre it ensures that someone doesn't inadvertently create a problem in saying I bought this portion from another person and why can't I build a house on it. They wouldn't have done anything wrong or violated any of our rules, whereas the 5 -acre on the value and not going above that is they would have had to go through the subdivision process. We have that occur now. We have been asked on a number of occasions what this has to do with the recommendation of the area in between the APZ area, the areas in the center. Mr. James provided a photo on the overhead that showed this area. The previous JLUS did not make reference to it, there weren't any restrictions on it. That was a problem from a city planning standpoint. It was really difficult to take the two large areas on either side and say we are going to have restrictions on development and density, but we are going to allow the area in between to develop without those restrictions. Mr. James continued with explaining the overhead map. Mr. James stated as he would characterize it, he thinks that what he has heard from citizens is the 1 -10 and 1 -20 is extreme. It doesn't allow individuals to sell off a portion of their property. He didn't hear at these meetings that citizens were wanting to change the character of the area and have the rural feeling of the area go away. That was the other part wanting to maintain that balance. There were some citizens that said 5 is much better and they can live with that; there were some saying it needs to be a little more dense. One of the things that we have been doing is we have been going through and mapping out the different tracts of land and the different types of ownerships. We have a mix, and he will say in some areas when we talk about this some of these decisions don't have an impact because of the size of the properties and the way those are laid out. The regulations affect different people going forward. Mr. James showed the different acreage areas on a map. He stated we also looked at what the implications are in terms as those wanting to subdivide property in going forward. So, we started looking at how many acres we have out in the area, and the different lot sizes and how many houses that would correspond to and what the population would correspond to. They looked at different ways to frame this up. What Randolph has come back with after looking at the crash pattern and looking at some incident data is looking at the lotting patterns; they have come back to say they feel like a 5- acre minimum on subdividing is appropriate. It gets them to that point that if there is an event, they are in that 50 -50 range. Randolph's concern was if dropping down to that 2 1/2, if there was an event it would take out a house. That was the push. One of the frustrations that citizens voiced was the cities permitting process. Our regulations assume it's the same situation for everybody. So, someone coming in on a 5/7 -acre piece has to follow all the same issues with someone coming in on a 2 -acre piece. What we had in the 9 -12 -2017 Minutes Page -17 - past with Planning and Zoning is septic systems, and at what density and what lot size they were willing to tolerate septic systems. Planning and Zoning is not comfortable with 1/2 acre lots being on septic systems. If we modify the codes, ultimately with this, if we want a larger lot size, the 5 acres, there are some things we may have a greater comfort level being able to do in terms of what the processes are and what the code is. Those that come in now and want to subdivide, they have to go to Planning and Zoning to get the waiver for platting on septic, even if they are on 5 acres. There may be some things to smooth out. In closing, the recommendation is 5 acres and what was committed to the residents was that within six -weeks to two months the language would be written for the UDC and what the code might look like, so that they can look at the devils and the details, and at that point walk them through this. Mr. James addressed questions and concerns from Council. Consent ALFenda Items The Consent Agenda is considered self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. Mayor Carpenter recognized Councilmember Crawford who asked if item 1 could be removed from consent for separate action. 2. Cancellation of the October 3, 2017 City Council meeting — Consideration and /or action cancelling the October 3, 2017 City Council meeting due to National Night Out. (B. Dennis /Mayor Carpenter) Mayor Carpenter recognized Mayor Pro -Tern Edwards who moved, seconded by Councilmember Thompson to approve consent item 2. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. Discussion Items 1. Minutes — Approval of the minutes of the Regular Meeting of September 5, 2017. (J. Kessel /B. Dennis) Mayor Carpenter recognized Councilmember Crawford who stated that in reading the minutes earlier today he noticed that not everything was captured in as great detail as other parts were; the part where Mr. Thompson spoke was edited more severely than other parts were. He would like that looked at again and brought back to council to be more accurate for the reflection of what was on the DVD versus what was in the written minutes so that they are accurate. Mayor Carpenter asked if there was any particular language he would 9 -12 -2017 Minutes Page - 18 - like added. Mr. Crawford stated he would like it to be transcribed as accurately as was done for everybody else. Mayor Carpenter suggested he write up what he would like it to be and they can bring it up at the next meeting and then consider those changes. Mr. Crawford stated that whoever does the transcribing, he would like them to do that. Mayor Carpenter stated they have gone through that exercise and if we don't place something in front of them they won't know what is acceptable or not. Mr. Crawford asked if they could bring something back in front of Council at the next meeting and he will tell you then. Mayor Carpenter then requested that the City Secretary place the approval of the minutes of September 5, 2017 on the next agenda. 3. Resolution No. 17 -R -82 — Consideration and /or action approving a Resolution authorizing a contract with Capital Excavation Company relating to the reconstruction of Schertz Parkway from Maske Road to Live Oak Road and authorizing the budget expenditures for the project. (B. James /K. Woodlee /J. Nowak) Mayor Carpenter recognized Engineer John Nowak who stated they have received a number of bids for this much needed project for road repairs on Schertz Parkway from the intersection of Live Oak Road and ending at the intersection at Maske Road. The bidder who submitted the lowest cost for the project also comes highly recommended and has excellent qualifications. Staff feels confident they have stacked the deck very much in the city's favor for a good project. Mr. Nowak addressed questions /comments from council. Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember Thompson to approve Resolution No. 17 -R -82. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. 4. Ordinance 17 -T -36 — Consideration and /or action approving an Ordinance by the City Council of the City of Schertz, Texas authorizing a budget amendment to fund state deployment costs, to establish a trail grant project, and to transfer budget amounts between departments; repealing all ordinances or parts of ordinances in conflict with this ordinance; and providing an effective date. First Reading (B. James /J. Walters) Mayor Carpenter recognized Finance Director James Walters who stated this budget adjustment has three parts to it. 1. Deployment costs for Hurricane Harvey, (Fire and EMS). This will eventually be reimbursed to the city by the state. 2. Establishing a budget for a Texas Parks & Wildlife Grant for Recreation Trails Phase II 3. Transfer funds between General Fund Departments to areas estimated to be overbudget by end of year. Deployment Costs: Our fire and EMS staff can be deployed to assist with disasters around the state. All overtime and equipment costs are fully reimbursable by the state. An 9 -12 -2017 Minutes Page -19 - estimated $100,000 of expenditures are expected related to Hurricane Harvey deployments. All 4100,000 will be reimbursed and not impact the fund balance. Parks Trail Grant: The City received a grant from the Texas Parks and Wildlife Department for the Recreation Trails Phase II. The total grant project cost is $109,125, $87,300 reimbursed through grants and $21,825 estimated of staff labor. City portion will be in -kind labor through the regular operating budget. Mr. Walters provided a map showing the new park trail. General Fund Budget Transfer: There will be a transfer of funds of $306,727 between General Fund Departments. It will cover departments estimated to be overbudget by the end of the year. There will be no impact to the fund balance. Departments estimated to be overbudget: Streets $39,755 — Borgfeld /Dietz intersection improvement. Parks $68,209 — Water leak in Pickrell Park. Animal Services 434,625 — Sewer charges and high water use. Finance $12,064 — required Bond Arbitrage review. Facility Services — High A/C repairs and Community Center roof repair. City Assistance $29,112 — cost of the senior meal program. Departments estimated underbudget: City Council $10,000 — lower election cost. Legal Services $68,000 — lower legal expenses. Pools $60,701 — Aquatics Center opened in January. Event Facilities $10,000 — lower equipment purchases and advertising. Vacancy Savings $58,962 — in Human Resources, Records, Purchasing, Police, and City Manager /EDC. Contingency $99,065. Staff members addressed questions /comments from Council. Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Mayor Pro -Tem Edwards to approve Ordinance 17 -T -36 first reading. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. 5. Discussion and possible action on the placement of an item regarding the City Councils Rules of Procedure on a future agenda. Mayor Carpenter requested that on the next available meeting we need a discussion and possible action item with regard to the Council's Rules of Procedure, Code of Ethics and potential changes to the City Charter. Roll Call Vote Confirmation 9 -12 -2017 Minutes Page - 20 - Mayor Carpenter recognized City Secretary Brenda Dennis who provided the roll call vote for agenda items 1 -6. boll Call Vote Confirmation Requests and Announcements 7. Announcements by City Manager. No announcements were made. 8. 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 shall instruct the City Secretary to place on the agenda for the next regular session an item to discuss the merits of placing the item that was objected to on a future agenda for full consideration. No items were requested. 9. 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 -Tern Edwards who stated that he along with Councilmember Gutierrez attended the 2nd Grand Opening for Brighter Futures Learning Center. He stated that this was a wonderful event. Mayor Carpenter recognized Councilmember Davis who stated that he attended the Schertz Housing Authority meeting last night and they were able to get their application in for the lawsuit in time. So, they are now a party to a second lawsuit as it potentially goes forward for the 2012 disbursement. Mayor Carpenter recognized Mayor Pro -Tern Edwards who asked for a Point of Privilege and stated that he also wanted to announce that Councilmember Thompson attended the grand opening as mentioned above as well. Mayor Carpenter stated that his Point of Privilege is well taken and entered into the record. Mayor Carpenter recognized Councilmember Gutierrez who stated that he attended the Paws in the Pool event. He stated that he believed that 42 canines were registered but they did not have any cats. He stated that this was amazing, as one little puppy did not want to get out of the water; his name was Tucker. His hat is off to the Parks and Recreation Department and the YMCA for putting on this event together. Great event! 9 -12 -2017 Minutes Page - 21- Adi ournment As there was no further business, Mayor Carpenter adjourned the meeting at 10:30 p.m. d Michael R. Carpenter, Mayor a Dennis, City Secretary 9 -12 -2017 Minutes Page - 22 -