02-13-2018 MinutesMINUTES
REGULAR MEETING
February 13, 2018
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
February 13, 2018, 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 Mark Davis
Councilmember Scott Larson
Councilmember Angelina Kiser
Staff Present:
Executive Director Dudley Wait
City Attorney Dan Santee
Mayor Pro -Tem David Scagliola
Councilmember Ralph Gutierrez
Councilmember Cedric Edwards
Councilmember Bert Crawford
Acting City Manager Brian James
Assistant to the City Manager Sarah Gonzalez
City Secretary Brenda Dennis
Call to Order — City Council Regular Session
Mayor Carpenter called the regular meeting to order at 6:01 p.m.
Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of
Texas. ( Councilmember Davis)
PrPCPntafinn
• Proclamation recognizing President George Washington Day. (M. Carpenter /T. Jones)
Mayor Carpenter read the proclamation and presented it to Mr. Tom Jones, a representative
of the Sons of American Revolution (SAR) Chapter. He thanked the City of Schertz for
recognizing George Washington's birthday.
Mayor Carpenter recognized Boy Scout Landon Bacak with Troop 477 who was in the audience
this evening. Landon stood to be recognized.
City Events and Announcements
® Announcements of upcoming City Events (B. James/D. Wait/S. Gonzalez)
Mayor Carpenter recognized Executive Director Dudley Wait who provided the following
announcements:
Monday, February 191
City Offices Closed in Observance of President's Day
Tuesday, February 201
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State of the Cities Chamber Luncheon 11:30 am
Schertz Civic Center
Tuesday, February 20111
Council on the Go 6:30 pm
Ray Corbett Jr. High School
12000 Ray Corbett Drive
Agenda topics of discussion:
FM 1518 update
Fire Station # 3 status
FY 2017 -18 Budget updates
Question/comment session
Friday - Saturday, February 23rd -24th
Library Advisory Board Book Sale 10:00 -a -5:00 ]2m
Fill a bag with books for $4.00 per bag
Saturday, February 24th
8th Annual Selma /Schertz Salute to Service 5K 7:00 am
Bluebonnet Palace —17630 Lookout Road
7:00 am - 8:45 am registration/packet pick up
9:00 am line up for 5K & Opening Ceremony
Kids Freedom Fun Run is free for ages 2 -10
$30 Online registration by February 23rd
After Race party with live music, vendors, food, drinks, silent auction & kid friendly
activities
Contact Operation Comfort 210 - 826 -0500
Tuesday, February 271
City Council Meeting 6:00 pm
Council Chambers
Saturday, March 3rd
Wilenchik's Walk for Life
10"' Annual 5K Walk, Samuel Clemens Parking Lot, 1001 Elbel Road
8:00 am check in
9:00 am 5K starts
Register online at ACTIVE.COM
VISITSCHERTZ.COM
210-619-1635
Nature Discovery Series 10:00 am
Discover What's Flying
Crescent Bend Nature Park
Pre - registration is required. X 1850
02 -13 -2018 Minutes Page -2 -
• Announcements and recognitions by the Acting City Manager (B. James)
Mayor Carpenter recognized Acting City Manager Brian James who recognized a few
staff members. Two staffers received their 10 -year service pins today. Ms. Nancy
Tumlinson and Mr. Jerry McFarland.
Last week the city had some problems with their Wi -Fi. IT personnel upgraded the access
points which should now give staffers faster service by about 50 %.
Kudos also go to the Public Affairs team. They have now created a newsletter called
`Schertz Short' for staffers to receive current information and improve our internal
communication.
• Announcements and recognitions by the Mayor (M. Carpenter)
Mayor Carpenter stated he had no announcements to make this evening.
Hearing of Residents
Mayor Carpenter recognized the following individuals who spoke:
• Mr. Bill Schwind, 2283 Kensington Way, New Braunfels, TX, who spoke about his
involvement in a county wide race for the position of County Treasurer. He is Winning for
three reasons: 1) he is qualified, 2) the current treasurer has been in office for 31 years and
he believes it is time for a set of fresh eyes, and 3) he believes Guadalupe County is on the
cusp of a surge (population, business activity, governmental necessity). He wants a seat at
the table for those future developments.
• Mr. Grumpy Azzoz, 528 Wayward Pass, who spoke about people taking `shots' at
individual councilmembers regarding their decision making and/or residents. This is not
acceptable behavior —it is radical. He also spoke of critical comments made by staff
members of The Chamber and made reference to the contract the City continues to have
with the Chamber — council votes on that. He suggested Schertz do like San Antonio and
they have a Chamber, but it is separate from the City; there is no contract and no funding.
This is a good city and we need to move forward, and Council needs to unite. Lastly, he
stated it is Council's job to select a new city manager they are the committee for that. We
all need to move forward and build a good city.
• Mr. Jeff Womack, 2944 Mineral Springs, who spoke of Mr. Robin Thompson's request two
weeks ago for a full accounting of where the $235,625 was going to come from. He and
others would also like to know. Our needs are many as our city grows. What is the impact
of our decisions? He wants to know where this money is coming from.
• Mr. Don Taylor, Spurger, TX, who spoke of some statements made in the Express News
and in the Herald Newspaper in relation to some statements made on social media. He
wants to address those. He spoke of several things that occurred during his tenure as city
manager here. They did a study at the request of Council to fmd out what folks wanted at
that time (i.e., Library, Recreation Center, good infrastructure). They also did a `rate'
study, which was conducted by Moody's in which the city received the highest bond rating
02 -13 -2018 Minutes Page - 3 -
in its history. He explained some of the financial decisions that were made and property
acquisitions that occurred during this time. They never dropped below the minimum
amount set by Council for the reserve fund. The largest growth that occurred in this city
was from 2005 -2010 up until tonight. Council gets this credit; they are the elected officials
and they are responsible. He has a lot of pride in Schertz and he had a great time when he
was here. When Mr. Kessel took over, he took over one of the strongest financial cities in
the entire metroplex. That is a fact. He can only speak from the time he was here.
Mayor Carpenter moved to Item 13 of the agenda.
13. Ordinance No. 17 -S -50 — Conduct a Public Hearing and consideration and /or action on an
PR amendment to the Code of Ordinance and Unified Development Code of the City of
Schertz, establishing a Building and Standards Commission, providing a criminal Penalty,
providing for publication, and providing an effective date. Final Reading (B. James/ L.
Wood/ E. Grobe)
The following was read into record:
ORDINANCE NO. 17-S-50
AN ORDINANCE OF THE CITY OF SCHERTZ, TEXAS, AMENDING THE
CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS;
ESTABLISHING A BUILDING AN D STANDARDS COMMISSION;
PROVIDING A CRIMINAL PENALTY; PROVIDING FOR PUBLICATION;
AND PROVIDING AN EFFECTIVE DATE.
Mayor Carpenter recognized Planner I Emily Grobe who provided a PowerPoint presentation
and explained the two changes requested by Council during the January 9th meeting. The first
request was to alter the way all numbers were presented ('30 days' to `thirty (30) days'. The
second request was to distinguish between business days and calendar days. Since this
second change would not be consistent with all other City codes and ordinances it was not
completed. After discussions with staff members, it was decided if no distinction is made, the
assumption is that the days referenced are calendar days.
After having individual meetings with Councilmembers, the following suggestions were
discussed: 1) Alter the number of members present in order to hear a case, and 2) Alter the
qualifier that states to be a Commission member you must be a resident of Schertz. Ms.
Grobe provided potential change suggestions for consideration. She also provided some
background information on why they are trying to create this board, what type of cases would
be heard and staff s goal in proposing this Commission be established.
Mayor Carpenter proceeded to open the public hearing and the following individuals spoke:
• Mr. Richard Dziewit, 2550 Chasefield Drive, who asked how would the creation of
this Commission affect the code enforcement officer's responsibility and everyone in
the Marshal's Department involved in that and the engineering staff we already have
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saying this is the way the item is supposed to be created. Wouldn't this be a
duplication? If not, does this group actually go out and determine that something is
not up to code?
As there were no other speakers Mayor carpenter closed the public hearing.
Ms. Grobe explained that this is like another chance for the resident to be heard on their case.
She also addressed other questions and comments from Council.
Mayor Carpenter recognized Councilmember Edwards who moved seconded by
Councilmember Crawford to approve Ordinance No. 17 -S -50 final reading. The vote was
unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez,
Larson, Edwards, Kiser and Crawford voting for and no one voting no. Motion
Passed.
14. Ordinance No. 18 -S -07- Conduct a Public Hearing and - consideration and/or action on a
❑PH request to zone approximately 7 acres of land to Single - Family Residential District -1 (R -1)
located approximately 3,000 feet southeast of the intersection of Homestead Parkway and
Somervell. First Reading (B. James/L. Wood/B. Cox)
The following was read into record:
ORDINANCE NO. 18 -S -07
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AMENDING THE OFFICIAL ZONING MAP BY ZONING
APPROXIMATELY 7 ACRES OF LAND TO SINGLE - FAMILY RESIDENTIAL
DISTRICT -1 (R -1).
Mayor Carpenter recognized Senior Planner Bryce Cox who stated this item has not been
previously zoned. This is the area in Homestead that was brought into the city by the
boundary agreement adjustment with the City of Cibolo brought before Council in
November of 2017. The surrounding area is zoned Planned Development District. As it has
to have zoning immediately, staff is recommending R -1. The developer has also expressed
an interest in some possible revisions to his PDD and will be coming back in the future also
picking up that land as they do a revision.
It is approximately seven acres of property which is actually two separate tracts. The
proposed zoning is compliant with the city's comprehensive land use plan. Mr. Cox
showed Council a map and explained the area and its surroundings. The Planning and
Zoning Commission had a public hearing on January 10th and provided a unanimous
recommendation for approval. Staff also recommends approval.
Mayor Carpenter proceeded to open the public hearing and as no one spoke, he closed the
public hearing. There were no additional questions from Council.
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Mayor Carpenter recognized Councilmember Edwards who moved seconded by
Councilmember Davis to approve Ordinance No. 18 -S -07 first reading. The vote was
unanimous with Mayor Pro -Tear Scagliola, Councilmembers Davis, Gutierrez,
Larson, Edwards, Kiser and Crawford voting for and no one voting no. Motion
Passed.
15. Ordinance No. 18 -S -08 - Conduct a Public Hearing and consideration and /or action on an
amendment of Part I1I, Schertz Code of Ordinances, Unified Development Code (UDC),
PH Article 9 Section 21.9.9 Tree Preservation and Mitigation. First Reading (B. James /L.
Wood/C. Cox)
The following was read into record:
Mayor Carpenter recognized Senior Planner Bryce Cox who stated this is a staff - initiated
amendment to the Unified Development Code. The last time this section was looked at was
in 2010. So, in order to gain some flexibility and clarity in our codes, staff is looking for
approval of the proposed changes.
Some changes are that the term `Class' has been added to every reference to Protected and
Heritage trees and the measurement for Diameter at Breast Height has been updated to 4V2
feet above ground level to be consistent with industry standards and state law. They also
created an exemption from preservation requirements only for Heritage Class trees located
within a utility easement.
They created an exemption for Protected Class trees that are of a species listed on the
Undesirable Trees list in UDC Table 21.9.8F. Another exemption for Protected Class and
Heritage Class trees is for those located on property with an existing one - family or two -
family dwelling that is occupied.
A change in references was made from Director of Parks, Recreation and Community
Service to City Manager or his/her designee. Also, a change in the minimum replacement
tree size from 3 inches to 2.5 inches was made in order to be consistent with UDC Sec.
21.9.7 Landscaping. They updated the Tree Preservation Credits to provide additional
clarity on how tree credits are calculated and used. They also removed the section from
`Criteria for Tree Removal Permit.' Lastly, they created the ability for an administrative
waiver to mitigation fees for Heritage Class trees in specific circumstances.
02 -13 -2018 Minutes Page - 6 -
Mayor Carpenter opened the public hearing and the following individuals spoke:
• Ms. Michelle Bamael, 6695 Tri County Parkway, who has owned a pet hospital
since 2011. In planning for expansion of another clinic, she purchased some
property off of IH 35 North. She had an engineer look at the property. She
described some other issues they discovered with water flow, drainage, etc. The
property also has some beautiful oak trees on it. Her only option was to remove the
trees resulting in a $43,000 mitigation fee. She has contacted staff and there are no
other options to offset this expense that the code allows for. Her message is that
while she wants the spirit of the law to live, there needs to be a reasonable process
for allowance for when it doesn't fit. This is real life and it affects people.
• Mr. Michael Dahle, 9120 East FM 1518 North, who stated he has been on the
Planning and Zoning Board (P &Z) for about 6 V2 years now and there have been
two things they have been reluctant to change: 1) the tree ordinance and 2) signs.
With new members on board, they are starting to see the benefits for being more
flexible and creating opportunity for some of these unique situations. There are
some things that just make sense and that we should be able to do. He thinks staff
(Bryce Cox) has done a great job in the language of this proposal. The P &Z vote
was 5 (for) to 1 (opposed) and he feels this is a strong message to Council to
support this request.
As there were no other speakers Mayor carpenter closed the public hearing.
Mr. Cox and Mr. James addressed several questions from Council.
Mayor Carpenter recognized Councilmember Davis who moved seconded by
Councilmember Kiser to approve Ordinance No. 18 -5 -08 first reading. The vote was
unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez,
Larson, Edwards, Kiser and Crawford voting for and no one voting no. Motion
Passed.
Mayor Carpenter returned to the Workshop portion of the agenda.
Workshop
• Update on the status of Fire Station #3. (D. Wait/K. Long)
Mayor Carpenter recognized Fire Chief Kade Long who stated he was here to provide
some updated information regarding Fire Station #3. The city now owns the land which is
located at FM 1518 and Lower Seguin Road. They are about 75% done on the design phase
by the architects. However, the site plan has been revised several times due to the existence
of some heritage trees on the property.
Right now, the projected pricing and construction costs have been coming in higher than
was anticipated which is why they have been a bit delayed at this point. There have been
02 -13 -2018 Minutes Page - 7 -
discussions with the city management team and BRW regarding additional compensation
requested by BRW. There have been foundation changes, mechanical, etc. They have an
agreement in place with them now and hope to finalize it by Friday, so they can get
everything back on track. They are currently in the process of revising the design schedule,
Chief Long updated Council on the staffmg situation. In FY 15 -16, three firefighters were
added; three more added in FY 16 -17 and for FY 17 -18, three firefighters were added in
October of 2017. They anticipate bringing three more firefighters on board as of April 1,
2018. A promotional process will be completed in mid -March (3 Lieutenants, 3 FAO's
(Fire Apparatus Operators). The HR Department staff members have been a big help in the
hiring processes to recruit the right people. Public Affairs staff members have also assisted
with various advertising methods.
Engine #3 has also been completed and they already took a trip to Wisconsin and took a
test drive. They are excited to be getting it back here as soon as possible and get it in
service for our citizens. Chief Long provided a map reflecting their response time data for
the past year or so in south Schertz. As the fire chief this is one of the most important
things he looks at to keep our service time as fast as we can. We have the engine, we have
the trained staffing, but we are probably still 12 months out to get the new station. He has
been looking at options to set up a temporary location in that area to cut the response times
for those citizens by maybe 50 -60 %. He has located a place on Trainer Hale Road where
the CCMA plant is at. He provided pictures of the house and barns where they could house
their staff, fire engine and a brush truck. They have been in contact with our partners at
CCMA and they are cooperating very well. So, staff is now wanting to get some direction
from Council on this proposal.
Acting City Manager Brian James stated, to clarify more, staff is planning to come forward
to Council with an agreement on this in a couple of weeks unless Council states tonight
that they do not like this proposal.
Mayor Carpenter complimented staff on the presentation and work they are doing to plan
ahead and look for temporary options to cut response times until Station #3 is built.
Councilmember Edwards thinks this plan is a smart use of our assets and he thanked Chief
Long for coming up with this alternative. He also suggested they begin thinking about a
Station #4 due to the future development that is most likely headed that way.
Councilmember Crawford also concurred with the idea of starting to plan for Station #4.
Mayor Pro -Tem Scagliola agreed with getting the temporary Station #3 plans started. He
also suggested they think about possibly partnering with the City of Cibolo with a Station
#4 as their area is also quickly expanding.
Mayor Carpenter moved to Item 8 on the agenda.
8. Resolution No. 18 -R -14 - Consideration and/or action approving a Resolution authorizing
a Parkland Improvement Agreement with Triple H Development LLC, related to public
parkland dedication and improvements for Hallies Cove Subdivision. (B. James /L.
Wood/B. Cox)
02 -13 -2018 Minutes Page - 8 -
The following was read into record:
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A PARI1, IM[PROVEMENT AGREEMENT FOR HALLIES
COVE SUBDIVISION AND 4, AND OTHER 1 i
CONNECTION 1' •
Mayor Carpenter recognized Senior Planner Bryce Cox who stated this item is a request by
the developer of Hallies Cove Subdivision to enter into a parkland improvement agreement.
He provided a map for Council showing them the area which is a single - family subdivision.
It is broken up into five different units with two proposed park areas. One park is about 12
acres and the other park is about 24 acres. Mr. Cox provided improvement details such as
sidewalks, trails, parking, etc. The agreement has been approved by our attorneys with no
objections and city staff supports it as well. Mr. Cox and Mr. James addressed comments
and questions from Council
Mayor Carpenter recognized Councilmember Crawford who moved seconded by
Councilmember Edwards to approve Resolution No. 18 -R -14. The vote was unanimous
with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards,
Kiser and Crawford voting for and no one voting no. Motion Passed.
Mayor Carpenter moved back to the Workshop items.
Workshop
• Update regarding Crime Statistics. (D. Wait/M. Hansen/M. Bane)
Mayor Carpenter recognized Police Chief Michael Hansen who provided
information/statistics regarding how Schertz compares to other cities, emerging trends, and
what we are doing about them. Statistics are taken from the FBI Uniform Crime Report
which is published annually. The 2017 comparison numbers will not be available until mid -
2018, therefore the Schertz 2017 numbers are approximated. The most serious crimes are
murder, assault, robbery, burglary, theft, and auto theft. Crimes per lK population were
shown for the San Antonio metro area cities such as Selma, Kirby Live Oak, Windcrest,
etc. as well as Guadalupe and Comal County. Statistics were also provided for the
percentage of cases cleared.
Focusing on trends they compared the last four months of 2017 and how they compare with
the previous three years. While there were a few increases, going by the totals shown, there
was either a reduction or the same number compared to last year. Empirical data supports
the fact that Schertz is overall a safe community. This is supported by the. UCR Data, the
community approval rating and the Safewise Report-50 Safest Cities.
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The men/women of the Schertz Police Department take great pride in their work and are
always looking for ways to improve. He hopes the favorable ratings will continue but it
won't ever be good enough (for the victims) and staff members will continually look for
ways to do even better.
What they are currently doing is now is helping make our citizens more aware of things
going one, informing residents at HOA meetings, and putting postings on Social Media and
the City website. They are also looking to increase staff, do shift reassignments, and
eventually, have some more unmarked vehicle patrols.
Chief Hansen addressed comments and questions from Council. Councilmembers thanked
the Chief and his staff for the statistics and for what they are doing to increase awareness
and public safety.
Consent Agenda 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.
Councilmember Edwards requested Item 2 be pulled from consent for discussion. Item 3 was
also pulled from consent.
1. Minutes — Consideration and/or action regarding the approval of the minutes of the regular
meeting of February 6, 2018. (B. James/B. Dennis)
Mayor Carpenter recognized Councilmember Crawford who moved seconded by
Councilmember Larson to approve consent agenda item 1. The vote was unanimous with
Mayor Pro -Tem Scaghola, Councilmembers Davis, Gutierrez, Larson, Edwards,
Kiser and Crawford voting for and no one voting no. Motion Passed.
Discussion and Action Items
2. Ordinance No. 18 -M -06 — Consideration and/or action approving an Ordinance amending
the City Council Code of Ethics; Section 2 Confidentiality of Information Shared in closed
session. Final Reading (Mayor /Council)
The following was read into record:
ORDINANCE NO. 18 -M -06
AN ORDINANCE BY THE CITY OF SCHERTZ, TX AMENDING CITY
COUNCIL CODE OF ETHICS; AMENDING SECTION 2 CONFIDENTIALITY OF
INFORMATION SHARED IN EXECUTIVE SESSION, REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS
ORDINANCE; AND PROVIDING AN EFFECTIVE DATE
02 -13 -2018 Minutes Page - 10 -
Mayor Carpenter recognized Councilmember Edwards who stated the City of Cibolo
recently had a meeting about their ethics policy and they were told not to release anything
from closed sessions, ever. Is that still the case from our city attorney? In discussion with
City Attorney Dan Santee, it is not based on the attorney firm, it is based on what each city
adopts as their code of ethics or rules. Councilmember Edwards also asked if the
documents he was furnished in regard to a recent open records request had been reviewed
and a decision made as to what can be released or not. Mr. Santee stated that if there is no
exception to claims they can be released; otherwise they will be forwarded to the Attorney
General's office to render an official opinion.
Mayor Carpenter recognized Councilmember Larson who moved seconded by
Councilmember Crawford to approve Ordinance No. 18 -M -06 final reading. The vote was
unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez,
Larson, Edwards, Kiser and Crawford voting for and no one voting no. Motion
Passed.
3. Ordinance No. 18 -T -05 — Consideration and/or action approving an Ordinance of the City of
Schertz Texas authorizing an adjustment to the Fiscal Year 2017 -2018
Budget. Final Reading (B. James /J. Walters)
The following was read into record:
ORDINANCE NO. 18 -T -05
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY. OF SCHERTZ,
TEXAS AUTHORIZING AN ADJUSTMENT TO THE FISCAL YEAR 2017 -2018
BUDGET, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE
DATE
Mayor Carpenter recognized Finance Director James Walters who stated as they probably
saw in the revised Council ordinance and the updated memo stating the reason for the
change, staff opened bids and were surprised that they came back a bit higher than they had
thought they would be. So, the budget adjustment had to change for the CCMA temporary
sewer treatment plant only. Given the fact that it had already been posted with the numbers
we saw last week, if Council will accept the change and make a motion stating that the
dollar amounts will have to change, we will then have that on record. Mr. Walters
addressed questions from Council.
Mayor Carpenter asked if the motion should include the dollar amounts. Mr. Walters
replied that would be helpful. Mr. James added that the dollar amount is being changed to
$359,700 for the CCMA sewer treatment plant.
Mayor Carpenter recognized Councilmember Edwards who moved seconded by
Councilmember Gutierrez to approve Ordinance 18 -T -05 final reading with a changed
budget item amount of $359,700. The vote was unanimous with Mayor Pro -Tem
02 -13 -2018 Minutes Page - 11 -
Seagliola, Councilmembers Davis, Gutierrez, Larson, Edwards, Kiser and Crawford
voting for and no one voting no. Motion Passed.
4. Minutes — Consideration and/or action regarding the approval of the minutes of the
regular meeting of January 23, 2018. (B. James //B. Dennis)
Mayor Carpenter stated he looked at both sets of minutes and he did not have any issues with
the second version that Councilmember Crawford had requested. He stated Council needed
to decide which version of the minutes they wanted to approve.
Mayor Carpenter recognized Councilmember Crawford who moved seconded by
Councilmember Kiser to approve the revised (2nd version) minutes of January 23, 2018.
Councilmember Larson stated he feels it is reasonable to have amendments to the minutes to
have an accurate reflection of what had occurred. However, he feels that the normal
procedure for amending the minutes would simply be to pull it from consent and then have a
discussion for changing it. His objection is not in the changing of the minutes but the way the
minutes were changed. He just wants this to be on the record. He thinks it is very reasonable
to make sure the minutes are accurate but would like to see a standard process for this.
Mayor Carpenter recognized Councilmember Gutierrez who stated he agreed with
Councilmember Larson. Minutes are informal notes describing a particular subject being
discussed. Making changes to them creates a mixture of both formal and informal notes. In
the future he would like it to come up as an agenda item so it can be discussed instead of just
making the changes that we request of our City Secretary. Minutes are just a summary of the
topics we discuss, not a transcript.
Mayor Carpenter recognized Councilmember Crawford who asked City Attorney Dan Santee
if the minutes were completely informal or are they a legal document that should represent
salient points. Mr. Santee stated they don't have to be a formal document or word for word.
They are not intended to be a transcript. They are intended to list the items and the actions
taken and a summary of the discussion that was had. It is up to this body as to how much
detail they want to include in those minutes before they approve them.
Councilmember Crawford stated he offers an apology to the City Secretary and to Council
and in the future, he will pull the minutes from the consent agenda if they need to be restated
to match the words that were stated on something important. Any one of them can do that.
He has no problem with that concept at all.
Mayor Carpenter called for the vote: The vote was 6 -1 -0 with Mayor Pro -Tent Seagliola,
Councilmembers Davis, Larson, Edwards, Kiser and Crawford voting for and
Councilmember Gutierrez voting no. Motion Passed.
Mayor Carpenter recessed the meeting for a five- minute break.
Mayor Carpenter reconvened into regular session at 8:18 p.m.
02 -13 -2018 Minutes Page -12 -
5. Resolution No. 18 -R -09 — Consideration and/or action approving a Resolution authorizing a
professional services agreement with Lockwood, Andrews and Newnam Inc., relating to
engineering design services for the City -Wide Rip Rap /underground drainage projects. (D.
Wait/D. Letbetter)
The following was read into record:
Mayor Carpenter recognized Public Works Manager Doug Letbetter who stated they are
asking Council to authorize the City Manager to approve an agreement with Lockwood,
Andrews and Newnam Inc. for the engineering and design for two underground drainage
projects and five concrete projects. The projects were approved in the 2017 -18 budget and
the cost for engineering and design will be $127,645.50 with a contingency of $12,764.50
which adds up to a not to exceed amount of $140,410. These are from restricted funds.
Mayor Carpenter recognized Councilmember Edwards who stated he would like to make a
motion to approve Resolution No. 18 -R -09 as well as Resolution No. 18 -R -12. Mayor
Carpenter stated he would then need to read the other caption, but we really should take up
each one individually, just given our charter language. Councilmember Edwards then
withdrew his original motion.
Mayor Carpenter recognized Councilmember Edwards who moved seconded by
Councilmember Larson to approve Resolution No. 18 -R -09. The vote was unanimous
with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards,
Kiser and Crawford voting for and no one voting no. Motion Passed.
6. Resolution No. 18 -R -12 — Consideration and/or action approving a Resolution authorizing a
contract to J3 Construction for the Dietz Creek Concrete Rip Rap Project. (D. Wait/D.
Letbetter)
The following was read into record:
RESOLUTION NO. 18 -R -12
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A CONSTRUCTION CONTRACT WITH J3 COMPANY, LLC
FOR THE EAST DIETZ CREEK RIP RAP PROJECT.
02 -13 -2018 Minutes Page - 13 -
There were no comments or questions on this item from Council.
Mayor Carpenter recognized Councilmember Larson who moved seconded by
Councilmember Gutierrez to approve Resolution No. 18 -R -12. The vote was unanimous
with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards,
Kiser and Crawford voting for and no one voting no. Motion Passed.
7. Resolution No. 18 -R -13 — Consideration and/or action approving a Resolution authorizing
expenditures over $50,000 with Hydro -Pro Solutions. (D. Wait/J. Hooks)
The following was read into record:
Mayor Carpenter recognized Mayor Pro -Tem Scagliola who stated Assistant Public Works
Director Jimmy Hooks has briefed them on the need for these meters a number of times
and costs are just simply going up.
Mayor Carpenter recognized Mayor Pro -Tem Scagliola who moved seconded by
Councilmember Davis to approve Resolution No. 18 -R -13. The vote was unanimous with
Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards,
Kiser and Crawford voting for and no one voting no. Motion Passed.
Mayor Carpenter recognized Acting City Manager Brian James who stated just to clarify
for the audience and Council, this item is to provide funding to buy new water meters.
They plan on having a discussion at the upcoming council retreat to get direction in regard
to a significant overhaul and replacement of our current meters. Part of that is consideration
for going to smart meters and having more information available for our residents.
9. Resolution No. 18 -R -15 — Consideration and/or action approving a Resolution adopting
the 2018 City of Schertz Strategic Plan. (S. Gonzalez)
The following was read into record:
RESOLUTION NO. 18 -R -15
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
ADOPTING THE 2018 CITY OF SCHERTZ STRATEGIC PLAN, AND OTHER
MATTERS IN CONNECTION THEREWITH
02 -13 -2018 Minutes Page -14 -
Mayor Carpenter recognized Assistant to the City Manager Sarah Gonzalez who stated this
is to formally adopt the 2018 City of Schertz Strategic Plan document. On January 19, 2018
at the retreat meeting, Council reviewed the current plan and proposed the following
revisions:
Page 7, High Quality of Life, "Is" Column
® 5tn bullet point: Proposed change to "A Welcoming City" from "A Friendly
City"
® Page 8, Economic Prosperity, "Is" Column
• Combine 3rd and 5tn bullet points: Proposed change to read "A diverse,
stable and resilient commercial base" from "A diverse and resilient
commercial base"
• 5th bullet point: Remove
® Page 8, Fiscally Sustainable, "Is" Column
- 1" bullet point: Proposed change to "Expertise" from "Knowledge"
® Page 8, Fiscally Sustainable, "Is Not" Column
- Add "A lack of financial/fiscal transparency"
The first change was an update to the cover and council and staff page. Ms. Gonzalez
stated staff is now seeking their final approval.
Mayor Carpenter recognized Councilmember Edwards who moved seconded by
Councilmember Crawford to approve Resolution No. 18 -R -15. The vote was unanimous
with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards,
Kiser and Crawford voting for and no one voting no. Motion Passed.
10. Ordinance No. 18 -M -09 — Consideration and/or action approving an Ordinance amending
and updating the City Council Rules of Conduct and Procedure. First Leading (M.
Carpenter /Council)
The following was read into record:
ORDINANCE NO. 18 -M -09
AN ORDINANCE BY THE CITY OF SCHERTZ AUTHORIZING AMENDED THE
CITY COUNCIL RULES OF CONDUCT AND PROCEDURE; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS
ORDINANCE; AND PROVIDING AN EFFECTIVE DATE
Mayor Carpenter recognized Councilmember Davis who moved seconded by
Councilmember Gutierrez to approve Ordinance No. 18 -M -09 first reading. The vote was
unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez,
02 -13 -2018 Minutes Page - 15 -
Larson, Edwards, Kiser and Crawford voting for and no one voting no. Motion
Passed.
11. Resolution No. 18 -R -16 — Consideration and/or action approving a Resolution authorizing
an additional $6,896.10 from the Police Department Federal Forfeiture Funds to complete
the purchase and construction of an Emergency Response Vehicle and associated
equipment. (D. Wait/M. Hanson/M. Bane)
The following was read into record:
Mayor Carpenter recognized Assistant Police Chief Marc Bane who stated during the
construction of the Emergency Operations Vehicle at Shook Mobile Technologies of
Schertz, additional safety and operational equipment needs were identified, increasing the
cost by $6,896.10 over the previously approved $135,000.00. The new total cost of the
Emergency Operations Vehicle is $141,896.10.
The additional cost includes upgrades to the roof tower lighting system, interior grab
handles, additional emergency /scene lighting, additional interior lighting, a rear step for
staff members to use when exiting and additional seating. Staff recommends approval.
Mayor Carpenter recognized Councilmember Larson who moved seconded by
Councilmember Edwards to approve Resolution No. 18 -R -16. The vote was unanimous
with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards,
Kiser and Crawford voting for and no one voting no. Motion Passed.
12. Resolution No. 18 -R -17 — Consideration and/or action approving a Resolution authorizing
the Acting City Manager to extend the contract of Jackson A &E Associates, Inc., our
current owner's representative for facility construction. (D. Wait/D. Wait)
The following was read into record:
RESOLUTION NO. 18 -R -17
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH JACKSON
A &E ASSOCIATES, INC., AND OTHER MATTERS IN CONNECTION
THEREWITH
02 -13 -2018 Minutes Page -16 -
Mayor Carpenter recognized Executive Director Dudley Wait who stated Council approved
a contract with this company back in November 2011 to act as the Owners Representative
for the City regarding a number of city building /construction projects. As listed in the
memorandum in your packets this includes the Soccer Complex, Aquatic Center, Animal
Adoption Center, the Dog Park, recent Senior Center renovations, leak repairs outside of
Fire Station No. 2, window wall repairs at the Recreation Center and a few other smaller
proj ects.
They are currently working on two projects with staff, Fire Station No. 3 and remodeling
and renovations to the restrooms and locker rooms at the YMCA. Staff is asking Council to
extend the contract again to allow them to work on Fire Station No. 3 and the YMCA
Recreation Center project and take both of those projects to completion.
Staff also intends to develop an RFQ process and look at acquiring owner's representative
services from another firm as well. This would be similar to the on -call engineer firms we
call upon throughout the year. This would also be on an as- needed basis.
Staff would like to have Jackson A &E continue with Fire Station No. 3 rather than bring on
a new firm for that project. Mr. Wait and Mr. James addressed questions from Council.
Mayor Carpenter recognized Councilmember Edwards who moved seconded by
Councilmember Kiser to approve Resolution No. 18 -R -17. The vote was unanimous with
Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards,
Kiser and Crawford voting for and no one voting no. Motion Passed.
16. Resolution No. 18 -R -18 - City Policies — Consideration and/or action approving a
Resolution approving Employee Policies related to Employee Conduct and Discipline in the
Workplace. (D. Wait)
- Fraternization Policy (Council approval required)
- Prohibition on Harassment (Council approval required)
- Prohibition on Sexual Harassment (Council approval required)
- Reporting Sexual Harassment or Harassment (Council approval required)
- Credit Card Policy (no action required)
- Social Media Policy (no action required)
The following was read into record:
RESOLUTION NO. 18 -R -18
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
APPROVING EMPLOYEE POLICIES RELATED TO EMPLOYEE CONDUCT
AND DISCIPLINE IN THE WORKPLACE AND OTHER MATTERS IN
CONNECTION THEREWITH
02 -13 -2018 Minutes page -17 -
Mayor Carpenter recognized Executive Director Dudley Wait who stated they have gone
through the final drafting process and vetted it through the City Attorney's office. They are
now back for final approval by Council.
HR Director Jessica Kurz stepped forward and provided a Power Point presentation
regarding Fraternization, Prohibition on Harassment, Prohibition on Sexual Harassment,
and Reporting Harassment. She went over the purpose and key points of the policies.
Finance Director James Walters came forward and provided information on the Credit Card
and Social Media Policies and Public Affairs Director Linda Klepper addressed the purpose
and keys points of the Social Media Policy.
Staff members addressed questions and comments from Councilregarding the various
policies presented.
Mayor Carpenter recognized Councilmember Davis who moved seconded by
Councilmember Edwards to approve Resolution No. 18 -R -18. The vote was unanimous
with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards,
Kiser and Crawford voting for and no one voting no. Motion Passed.
Roll Call Vote Confirmation
City Secretary Brenda Dennis provided the roll call votes for Items 1 -16.
Requests and Announcements
17. Announcements by the Acting City Manager.
Mayor Carpenter recognized Acting City Manager Brian James who stated one of the items
Council received in their packets was the updated master calendar. Staff has added a few
more festival events they have planned and corrected a few inaccurate dates. They also
added the quarterly meetings and selected the meeting dates for the Tax Increment
Reinvestment Zone (TIRZ) (Councilmember Crawford was elected Chair) and the Animal
Services Advisory Committee. By adding them to the calendar and making them quarterly,
we ensure that we meet and have the appropriate communication oversight.
18. Requests by Mayor and Councilmembers that items be placed on a future City Council
agenda.
Mayor Carpenter recognized Mayor Pro-Tern Scagliola who stated the intersection at Elbel
Road and Westchester is still a very hazardous intersection and was wondering if someone
could go out there and take a look to see how many potential accidents have almost
happened there. He would like to have a briefing before council on the findings within a
week or two —at staff's convenience.
02 -13 -2018 Minutes Page -18 -
Mayor Carpenter recognized Councilmember Larson who requested an update on the
flooding issue in northern Schertz where that break way gate is (Scenic Hills Subdivision).
Mayor Carpenter recognized Councilmember Crawford who stated he liked
Councilmember Edwards comments about tree moving and stated maybe he could talk to
Mr. James about that and see if it is worth any further discussion at some later time,
probably not on a council agenda.
19. 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 Scagliola who stated last Thursday we
welcomed the Kerr County trail riders. He thanked HEB and The Chamber and all the City
Officials for their presence out there to welcome them to the City of Schertz. It was a
wonderful tradition.
Mayor Carpenter recognized Councilmember Davis who stated he would defer to Mr.
James, but believes they are having a change to the schedule for the Main Street meeting
originally scheduled for February 21. Mr. James confirmed by saying they are going to
push it back a few weeks to make sure they can get everyone there.
Mayor Carpenter recognized Councilmember Gutierrez who thanked Frost Bank for
hosting last Thursday's `Cowboy Breakfast.' He also thanked Mr. James and Mr. Wait for
doing whatever they did to make the air quality better at the Animal Shelter.
Mayor Carpenter recognized Councilmember Edwards who thanked EDC and Acting City
Manager Brian James for giving them the opportunity yesterday to tour Vision Works, who
will be hiring about 130 people -- another great investment into the City of Schertz.
Mayor Carpenter recognized Councilmember Crawford who thanked Mr. James, Ms.
Woods and Ms. Grobe for the hour they spent with him on the building and standards
ordinance. Their explanations helped him in understanding what was going on.
Mayor Carpenter thanked Mayor Pro -Tem Scagliola for taking care of the Kerr County trail
riders who came through. He also thanked Councilmember Edwards for touring the Vision
Works facility as he couldn't be there that day.
Lastly, Mayor Carpenter stated he needed everyone's signature on the new updated Ethics
Policy document he was about to pass _down.
02 -13 -2018 Minutes Page -19 -
20. Information available in City Council Packets - NO DISCUSSION TO OCCUR
• Use of Hotel Occupancy Tax Funds for electronic sign repair. (D. Wait)
• Schertz Master Calendar Update. (S. Gonzalez)
Adi ournment
As there was no further business, Mayor Carpenter adjourned the meeting at 9:21 p.m.
chael R. Carpenter, Mayor
ATTEST:
enda Dennis, City Secretary
02 -13 -2018 Minutes Page - 20 -