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03-25-2014 MinutesMINUTES REGULAR MEETING March 25, 2014 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on March 25, 2014, 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 Daryl John Councilmember Matthew Duke Staff Present: Executive Director John Bierschwale Chief of Staff Bob Cantu City Secretary Brenda Dennis Councilmember Jim Fowler was absent Call to Order Mayor Pro -Tern David Scagliola Councilmember Cedric Edwards City Manager John Kessel Executive Director Brian James City Attorney Charles Zech Deputy City Secretary Donna Schmoekel Mayor Carpenter called the Regular Meeting to order at 6:00 p.m. Invocation and Pledges of Allegiance to the Flags of the United States and the State of Texas Mayor Carpenter provided the invocation followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. City Events and Announcements • Announcements of upcoming City Events (J. Bierschwale/B. James) Mayor Carpenter recognized Executive Director Brian James who provided the following announcements and upcoming events: • Wednesday, March 26, 2014 Grand Opening & Ribbon Cutting at Gunn Cheverolet, 16550 IH 35 North in Selma, 11:00 a.m. • Thursday, March 27, 2014, Community Pre - Budget Presentation, Schertz United Methodist Church, 6:00 p.m. • Saturday, March 29, BVYA Opening Day Event -- Parade & Opening Ceremonies, 9:00 a.m. parking lot at Clemens High School. • Saturday, March 29, Casino Night Fundraiser for the Orthopedic Kneed Foundation, 6 p.m. —10 p.m. Call 210- 696 -9000 for more info and pre -sale tickets. • Tuesday, April 1, Grand opening & Ribbon Cutting for `Fit for Work, LLC,' at 11:30. a.m., 17325 Bell North Dr, Ste 2A in Schertz. • Tuesday, April 1, `EMS Luncheon Celebrating 40 Years', Schertz Civic Center, Bldg #5; RSVP to Amy Sellers by March 25. 210 - 619 -1400. 03 -25 -2014 Minutes Page - 1 - Friday, April 4, Joint City Council & Dept Head Pre - Budget Workshop, Civic Center/Bluebonnet Hall, 1:00 p.m. — 5:00 p.m. Saturday, April 12, 2014, Easter in the Park w /Schertz- Cibolo Lions Club @ Pickrell Park (sponsored by Lions Club, HEB & Well -Med) Saturday, April 19, 2014, Absolute Jazz, 2:00 p.m. to 9:00 p.m., Pickrell Park. • Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who gave a thank you to a few City employees City Engineer Kathy Woodlee, Engineer -In- Training Larry Busch, Public Works Director Sam Willoughby, Superintendent of Fleet/Streets Doug Letbetter, and many others who spear headed the sidewalk project along FM 3009. Mr. Kessel stated that they applied for a grant and received funding yesterday in the amount of 2.8 million dollars to do all four phases over the next few years. This is costing the City zero at this point and in fact TxDot has picked up the City's local match. This will get us an entire sidewalk connection along FM 3009 from Interstate Highway 35 all the way to FM 78. There are several schools that use that route as well as regular pedestrians. Construction will not happen right away as it needs to go through a TxDot Federal design process that usually takes about a year. After that, construction will proceed in four phases. Hearing of Residents: Mayor Carpenter recognized the following who spoke: Ms. Elizabeth Murray Kolb, Seguin, TX, introduced herself as the former Guadalupe County Attorney who retired a year ago. She stated she previously worked in the County Court of Law for 12 years. This court handles juvenile and probate matters as well as family law and some criminal law. She is happy to be here tonight and meet everyone. David Richmond, 2921 Bent Tree Drive, who stated he recently went to Randolph Air Force Base and was dismayed to hear talk of closings and rumors of closings on April 1, 2014 for such places as the Wood Hobby Shop, Auto Shop and Frame Shop. The checkers at the commissary also expect to be gone sometime in 2015. It appears that Randolph may be coming closer to the chopping block. He recommends City Council pass a resolution to support Randolph's continued mission here and not be moved elsewhere in pieces. Randolph Air Force Base is a vital part of our area and the metro San Antonio area. If it takes visits with our elected officials and others elsewhere statewide, he recommends that be done. Mayor Carpenter recognized City Manager John Kessel who stated that they were aware of the situation and that Chief of Staff Bob Cantu is meeting with Randolph on this subject regarding all the different bases in the area whose funds have been cut. He is working closely with the base General on their issues and we will continue to keep everyone informed. 03 -25 -2014 Minutes Page -2- Mayor Carpenter added that he also has a meeting scheduled next Tuesday, April, 1, at 3:30 p.m. with the Colonel from the Air Force Base to talk about this same subject as to what is going on at Randolph. They will add all these information points together to see what to take action on. Miss CeCe Meyers, a student at Kung Jung Mu Sul of Schertz who spoke about their upcoming demonstrations this coming Saturday, March 291 , as well as events on April 4th and April 12th. Mrs. R. Clare Layton, 12231 Lost Meadows Drive, who spoke of Council protocol and the possible breach of City Council Rules of Procedure by the presiding officer at the City Council meeting in July of 2013. If the behavior was a `one ofP situation, then perhaps City Council should address it. However, if the action was emblematic of how the City is currently governed, then perhaps the voters need to weigh in on the situation. Discussion and Action Items Minutes - Consideration and/or action regarding the approval of the minutes of the regular meeting of March 18, 2014 (J. Kessel/B. Dennis) Mayor Carpenter recognized Councilmember Edwards, who moved, seconded by Mayor Pro- Tern Scagliola, to approve the minutes of the regular meeting of March 18, 2014. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers John, Edwards, and Duke voting yes and no one voting no. Councilmember Fowler was absent. Motion Carried Resolution No. 14 -R -26 — Consideration and/or action approving a Resolution authorizing a Temporary Construction Easement Agreement with Joan Blanchard for the use, benefit, and control of the City of Schertz for the Town Creek Sewerline Extension Phase III Project on FM 482, and other matters in connection therewith. (B. James/K. Woodlee/L Busch) The following was read into record: RESOLUTION NO. 14 -R -26 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A TEMPORARY CONSTRUCTION EASEMENT AGREEMENT WITH JOAN BLANCHARD FOR THE USE, BENEFIT, AND CONTROL OF THE CITY OF SCHERTZ FOR THE TOWN CREEK SEWERLINE EXTENSION PHASE III PROJECT ON FM 482, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Councilmember Edwards who stated that this information was provided in their packet and has no questions and asked if other members did. As no one had any questions, Mayor Carpenter recognized Councilmember Edwards, who moved, seconded by Councilmember Duke, to approve Resolution No. 14 -R -26. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers John, Edwards, and Duke voting yes and no one voting no. Councilmember Fowler was absent. Motion Carried. 03 -25 -2014 Minutes Page -3- 3. Resolution No. 14 -R -30 — Consideration and/or action approving a Resolution authorizing an additional Engineering Services Agreement with Ford Engineering, Inc., related to engineering and design for the Town Creek Sewer extension Phase III project on FM 482, and other matters in connection therewith. (B. James/K. Woodlee/L. Busch) RESOLUTION NO. 14 -R -30 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN ADDITIONAL ENGINEERING SERVICES AGREEMENT WITH FORD ENGINEERING, INC., RELATED TO ENGINEERING AND DESIGN FOR THE TOWN CREEK SEWER EXTENSION PHASE HI PROJECT ON FM 482, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Councilmember Edwards who stated that this information was provided in their packet and has no questions. Mayor Carpenter recognized Mayor Pro -Tern Scagliola who asked if the construction cost had been approximated or if they have a bid for the amount. Engineer -In- Training Larry Busch stated that they have been approximated and that they have not bid the project out, but will do so now that they have the last easement agreement had been obtained. Mayor Carpenter recognized Councilmember Edwards, who moved, seconded by Mayor Pro- Tern Scagliola, to approve Resolution No. 14 -R -30. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers John, Edwards, and Duke voting yes and no one voting no. Councilmember Fowler was absent. Motion Carried. 4. Resolution No. 14 -R -29 — Consideration and/or action approving a Resolution authorizing Amendment No. 1 to the Economic Development Incentive Agreement among the City of Schertz, Texas, The City of Schertz Economic Development Corporation, Guadalupe County, Texas, and Amazon.com.kydc LLC. (J. Kessel/D. Gwin) The following was read into record: RESOLUTION NO. 14 -R -29 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AMENDMENT NO. 1 TO THE ECONOMIC DEVELOPMENT INCENTIVES AGREEMENT AMONG THE CITY OF SCHERTZ, TEXAS, THE CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION, GUADALUPE COUNTY, TEXAS, AND AMAZON.COM.KYDC LLC; AUTHORIZING CERTAIN BENEFITS BY THE CITY PURSUANT THERETO; AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Councilmember Edwards who stated that this since this item had already been explained he had no questions, and he would like to make a motion to approve. - 03 -25 -2014 Minutes Page - 4 - Mayor Carpenter recognized Mayor Pro -Tern Scagliola who thanked Mr. Gwin and stated that so often we think when the big boys come to town that the cities just salivate all over themselves and provide them with any type of agreement they deem appropriate. Apparently that is not the case, we actually made a deal with Amazon that they would provide their 350 jobs and $166 million in capital investment, and they came real close, but did not actually bit the mark. Mayor Pro -Tern Scagliola stated that this is an agreement that will allow them to get back on track. He stated that Mr. Gwin has presented two options: 1. Job Option — Employ a minimum of 380 full -time jobs with an annual payroll of at least $12 million and make a capital investment of at least $166 million. 2. Investment Option — Employ a minimum of 350 full -time jobs with an annual payroll of at least $11 million and make a capital investment of at least $191 million. Mayor Pro -Tem Scagliola wanted to know which option they chose. Mayor Carpenter recognized Economic Development Director David Gwin who stated that they have until December 31, 2014, to make a decision. Once Amazon has chosen either the Job Option or the Investment Option they must continue to meet those requirements throughout the remainder of the Agreement. Mr. Gwin stated that the City would enjoy either option as the community wins entirely by offering this amendment. Mayor Pro-Tern Scagliola stated that either option does benefit the City. Mr. Gwin stated that should Amazon select the investment option the base performance threshold would go to $144 million. Mr. Gwin provided the following information for the citizens: Recommended Amendment Job Option 380 Full Time Employees* Annual Payroll of at least $12 Million Capital Investment of $166 Million Investment Option 350 Full Time Employees* Annual Payroll of at least $11 Million Capital Investment of $191 Million Base Performance = $144 million One Time Election: Dec 31, 2014 * Maintain a total average for at lest I month by 12 -31 -14 Mayor Carpenter recognized Councilmember Duke who stated that he appreciates the structure. At the end of the day we are being responsive to the business community but we are also saying we play by the contracts that we sign. We are getting significant additional value that was not contemplated at the time. He is please we are maintaining our 03 -25 -2014 Minutes Page - 5 - commitments holding others to their commitments and finding ways that we can find solutions that are workable and are big wins for the City. Mar Carpen ezed Councilmember Edwards, who moved, seconded by Mayor Pro- Tern Scagliola, to approve Resolution No. 14 -R -29. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers John, Edwards, and Duke voting yes and no one voting no. Councilmember Fowler was absent. Motion Carried. Roll Call Vote Confirmation Mayor Carpenter recognized Deputy City Secretary Donna Scbmoekel who recapped the votes of items I through 4. Requests and Announcements 5. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives Mayor Carpenter recognized City Manager John Kessel who announced as you know Council and Staff have been working together to do the pre- budget work. The next pre - budget planning workshop is Friday, April 4, 2014. Mr. Kessel continued stating that they met with citizens last Wednesday night and will do so again Thursday, March 27, 2014 at the Schertz United Methodist Church at 6:00 p.m. Mr. Kessel thanked the citizens who attended and participated. Mr. Kessel also pointed out that they are meeting with the City Staff in a similar format to also engage staff. To date they have already had 101 City Staff attend two different meetings and we have another scheduled next week. The goal from what was discussed earlier in the year is to not just have vision of what we have to do and jump into execution, but to also work significantly on the alignment component to make sure that the vision of Council, Citizens and Staff match well. Mr. Kessel stated he is proud of the citizens and staff for participating in the something that traditionally has been reserved perhaps to Council and Management roles. 6. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No items requested. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items 03 -25 -2014 Minutes Page - 6 - Mayor Carpenter recognized Mayor Pro -Tem Scagliola who stated he attended the following events: • Thursday, March 20, 2014, HEB and Schertz Chamber of Commerce —Taste of the Town event. He stated it was a great event and Ables Diner definitely proved to be a local favorite. • Friday, March 21, 2014, TML Region 7 Meeting in Uvalde, Texas. Mayor Pro -Tem Scagliola stated he likes visiting and learning about the operations and amenities of other cities. Mayor Pro -Tem Scagliola stated he had an opportunity to visit a bird sanctuary, and that when he got there it said "welcome to the sewage treatment facility", which was around the corner from the bird sanctuary. He stated the interesting thing was the City of Uvalde actually turned the sewage treatment plant into a bird sanctuary. There were tanks and ponds surrounding the plant, where the water gets filtered continuously. It was clean enough that ducks and birds frequent the area. Mayor Carpenter stated he also was privileged to attend the HEB and Schertz Chamber of Commerce Taste of the Town event and can report they sold out, running out of tickets, plates and ballots. It was a very successful event. He stated that he does not plan on judging again next year, because they have them judge every category. Those chosen to judge, the four appetizers, three soups, six chicken dishes, even beef dishes, and thirteen deserts was absolutely too much! Anyone who would like to volunteer next year would love to have them sit in his place. Executive Session City Council did not meet. Adiournment As there was no further business, the meeting was adjourned :32p. r . Mayor, Michael R. Carpenter ST: ity Secretary, Bren a ennis 03 -25 -2014 Minutes Page -7-