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06-24-2014 MinutesMINUTES REGULAR MEETING June 24, 2014 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on June 24, 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 Jim Fowler Councilmember Cedric Edwards Staff Present: Deputy City Manager John Bierschwale Chief of Staff Bob Cantu City Secretary Brenda Dennis Call to Order Mayor Pro -Tem David Scagliola Councilmember Daryl John Councilmember Matthew Duke 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 6:02 p.m. Invocation and Pledges of Allegiance to the Flags of the United States and the State of Texas Councilmember Fowler 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 of Development Services Brian James who provided the following announcements and upcoming events: • Wednesday, June 25, 2014, Encanto Mexican Grill, Grand Re- Opening, 5 -6 p.m., 6032 FM 3009, Ste. #100. • Thursday, June 26, 2014, Cibolo Valley Local Government Corporation meeting, 9:00 a.m., Schertz Council Chambers. • Thursday, June 26, 2014, Northeast Lakeview College, 6:00 p.m. to 7:30 p.m., is planning a series of Community Listening Sessions that will allow elected officials and community business leaders to share ideas on the current and anticipated educational and workforce training needs for the community. o. Saturday, June 28, 2014, Comal Settlement's Designation as Historic Landmark Community, 10:00 a.m., FM 482 at Old Nacogdoches Road. • Announcements and recognitions by City Manager (J. Kessel) 06 -24 -2014 Minutes Page - 1 - Mayor Carpenter recognized City Manager John Kessel who stated that he had received an email from a citizen complimenting Police Corporal McGuire on how he handled a hit and run accident. Mr. Kessel also thanked all staff, particularly Deputy City Manager John Bierschwale for covering while he was out on vacation last week. Hearine of Residents: No one spoke. Workshop • Presentation and discussion regarding the proposed Schertz Parks Masterplan. (B. James /C. Van Zandt) Mayor Carpenter recognized Director of Development Services Brian James who came forward introducing Mr. Mark Davis, member of the Parks Board stating that credit goes out to Mr. Davis for doing the majority of the work on creating the Parks Master Plan. Mr. Davis provided a Power Point presentation on the 2014 Parks Master Plan tentatively called "Live & Play" with the following highlights: (A complete copy of the Power Point can be found in the City Secretary Department) • History of Parks Planning - 2001 Comprehensive Land Plan - 2007 Schertz Parks Master Plan developed by Land Design Partners - 2014 Parks Master Plan — builds on previous plans — done "in house" by Parks Advisory Board • 2014 Parks Master Plan - Written "In- House" — Engaged Parks Advisory Board - Researched and written throughout 2013 9 Chapters — 256 pages More than 805 editing revisions Over 111 hours of plan editing Time does not include Board meetings, site visits to each park, coordination with City Staff, TPWD, etc. • Chapter 3 — Demographics - Based on 2010 census date - Population growth forecasts based on data developed in Gateway Section Plan Report • Chapter 4 — Current Inventory - Site visits conducted at all parks - Identifred maintenance issues at each location - Expanded information; included counts of installed amenities 06 -24 -2014 Minutes Page - 2 - Chapter 5 — On- Line Public Survey - Conducted from October 2012 through March 2013 - 329 participants (252 participants in 2007 survey) • Chapter 6 — Our Desired State - National Standards . Original NRPA standards & 2013 NRPA Proragis Stats - Our peers —approximately 40 comparable Texas cities - Where is Schertz heading and what are other cities doing? - What's unique to Schertz and what do our residents want? • Chapter 7 — Our Goals, Objectives and Specific Actions - Provides long term, planned growth for Parks and Recreation - Maintains desire to expand partnerships where possible - Allow for maximum flexibility Mr. Davis pointed out that they have already had Texas Parks and Wildlife take a look at the plan. He stated they are happy with it and it meets all their criteria. He stated that like the 2007 Plan, once this is adopted by the City it will allow the City to be eligible for grants through the Texas Parks and Wildlife to help support the program. Mr. Davis thanked the Parks Board and following staff members for assisting him in putting the plan together: • Director of IT, Myles Clauser and the IT Department • GIS Manager, Tony McFalls • Library Director, Melissa Uhlhom • Executive Director of Development Services Brian James • Former Parks Director George Logan • Park Manager Chuck Van Zandt • Sr. Administrative Assistant Sandy Bryant • Customer Relations /311 Operator Sherry Davis Mr. Davis stated that the next step is to get permission fiom the Council to forward this to the Planning and Zoning Commission for review. Mayor Carpenter recognized Executive Director of Development Services Brian James who stated that what staff would like to do is adopt this as an amendment to our Comprehensive Land Use Plan that becomes the basis of our decision making. To do this we will take it to the Planning and Zoning Commission and ask them for a recommendation and then bring it to the City Council for approval. Mr. James and Mr. Davis addressed questions from Council. Mr. James stated that they are planning to move this quickly through as it is a good document and one they would like to submit to the Park and Planning Association for their awards as an example of what a board can do in- house. Mr. James stated that this is a very user friendly easy to understand document. Mayor and Council provided their comments and concurred that this was exceptional work that is going to serve the City for several years. 06 -24 -2014 Minutes Page - 3 - • Discussion and information from staff on the man-hours spent having staff attend four Council meetings per month and look at options of going to two meetings per month. (Item requested by Councihnember Edwards) (J. Bierschwale) Mayor Carpenter recognized Deputy City Manager John Bierschwale who stated that at the request of Councihnember Edwards last week he has placed this on the agenda to provide options and get direction from council. Mr. Bierschwale stated he and City Secretary Brenda Dennis contacted a couple of surrounding cities to gather information on the number and length of their council meetings. Information included: • City of Cibolo - Meets 2 times per month, start at 7:00 p.m. - 4 to 5 hours per meeting, some meetings are longer, 12:00 a.m., due to lengthy executive session items. • City of Converse — Meets 2 times per month, start at 7:00 p.m. - 2 to 3 hours • City of Seguin — Meets 2 times per month, start at 5:30 p.m. - average 2 hours • City of Live Oak — Meets 2 times per month, start at 7:00 p.m. — average 2 hours Mr. Bierschwale stated that our past history has always been the city having four meetings per month. In the earlier years the Council held two (2) workshops and two (2) regular Council meetings, and if there was a fifth Tuesday in the month it was reserved to either conduct a meeting or cancel. During the time when Council was holding their workshops they found they needed to take action on some items and that is when the City went to four (4) regular meetings per month. Mr. Bierschwale stated the big change that he has noticed since changing law firms, is that our meetings have gone from three to four hours to two hours on an average, sometimes we have three hour meetings based upon the length of discussion of items. He stated the advantage of meeting weekly is our citizens know that every Tuesday night the Council is meeting and they can come and voice their concerns. Speaking as a citizen he appreciates this opportunity, that if he has an issue he knows that he can bring it to the council and not have to wait. As a citizen this is important, as an employee he values hearing fiom the citizens because we need to make sure we are addressing their needs. Mr. Bierschwale stated that moving forward it is time for Council to make a decision to either continue the tradition of four (4) meetings per month, having the flexibility to act on projects like Amazon.com and Sysco in a timely manner or go to meeting twice a month resulting in project approval delays and in more agenda items and longer meeting times. He reminded Council that they have given staff the option and can continue to do this and that when we have few items forthcoming on a particular Council meeting date staff could move those items to the next meeting date, thus cancelling a meeting. He gave the example of tonight's agenda, .which all of the items could have been pushed to the next meeting. Mr. Bierschwale stated that if Council can provide their direction on how they want staff to move forward they can come back with a policy for approval. 06 -24 -2014 Minutes Page - 4 - Mayor Carpenter recognized Councilmember Edwards who stated he doesn't agree with skipping meetings. He wanted to know what it was costing us in payroll and what is it costing in man hours. Mr. Bierschwale stated the only actual cost; actually a cost to the citizens, is our security. They are paid hourly. The majority of staff that is here tonight, and usually at most Council meetings, are exempt employees; we are expected to do this job. This includes Department Heads and Administrative Staff; when you take those, what we have in man hours is 132 man hours a month based on these individuals. Typically on the average we have five (5) Department Heads and six (6) Administrative Staff attending a meeting. That totals 132 man hours; we also take one patrol officer and one warrant officer for security, which is vital to continue having security at Council meetings. Mayor Carpenter recognized Councilmember Duke who stated he thinks the City staff does a great job in getting things together for the council meetings; has there been anyone looked at how much it costs to prepare for a meeting? City Manager John Kessel said he didn't know if there would be a lot of savings going from four meetings to two meetings per month, but for certain staff there are peak concerns (City Secretary's office) every single week which also affects the City Manager's office a little bit. It is a capacity issue that has to be managed. At the Department Head level, staff reports need to be written; that number does not change regardless of the number of meetings. When we do economic development deals it is nice to act on any given Tuesday. If an issue needs to be tabled or pulled, we can address it at the next meeting instead of waiting two weeks. Councilmember Duke said he liked the consistency of meetings each week but does not like the idea of pushing a meeting. He stated that we can also use the option to call special meetings as needed. Mayor Carpenter recognized Councilmember Fowler who stated he looks at it from the viewpoint of our customers and how we are currently able to quickly turn around and address the projects and issues before us. He pointed out that when a first and second vote is needed on an item, it would lengthen the time to get this done if we went to two meetings per month. He also believes there is no reason to have a meeting if we have very few items on the agenda. Mayor Carpenter recognized Mayor Pro -Tem Scagliola who stated he liked consistency and stability. As far as staff goes, the ones that are here are of exempt status. The only real cost is for the security. Deputy City Manager John Bierschwale stated he believes the security is needed in this day and age and it is better not to take any chances. Mayor Pro-Tern Scagliola stated he doesn't mind the four meetings per month and if we do need to push one meeting now and then, he supports that. Mayor Carpenter reminded everyone that we did use to have two meetings and two workshops per month but since we needed to take action in many cases it was more efficient to change that to four regular meetings per month. This also results in a better selling point as we are able to respond quickly to a business who wants to invest in our City. Additionally, the citizens can easily remember that they can come any Tuesday of the month to address Council with a concern they may have. In regard to security, it is mainly about protecting the citizens and other visitors who come to attend the meetings. He recommended we maintain the current arrangement of four meetings a month as it appears to be working well for our needs. 06 -24 -2014 Minutes Page - 5 - Council decided to take the subject up again at the end of the meeting as to whether or not to put it on the agenda for action at the next city council meeting. Consent Agenda Items Mayor Carpenter recognized Mayor Pro -Tern Scagliola who requested agenda item 2 be removed for separate action. 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 Councihnember. 1. Minutes — Approve the minutes of the regular meeting of June 17, 2014. (J. Kessel/B. Dennis) 3. Appointments/ Reappointments and Resignations to City Boards, Commissions and Committees — Consideration and/or action regarding appointments to the Library Board and the Transportation Safety Advisory Commission. (Mayor /Council/B. Dennis) Appointment of Mr. Howson Lau as a regular member to the Library Board and the appointment of Mr. Richard Dziewit as alternate member to the Transportation Safety Advisory Commission. Mayor Carpenter recognized Mayor Pro -Tern Scagliola who moved, seconded by Councihnember Fowler to approve the consent agenda items 1 and 3. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler, John, Edwards and Duke voting yes and no one voting no. Motion Carried. Discussion and Action Items 2. Resolution No. 14 -R -52 — Approval of a Resolution authorizing an amendment to the existing agreement for the upgrading of internet access services provided by Time Warner Cable to the Schertz Public Library at 798 Schertz Parkway fiom a 10 MBPS Services to a 50 MBPS Service. (B. James/M. Clauser) The following was read into record: RESOLUTION NO. 14 -R -52 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AMENDMENT TO THE EXISTING AGREEMENT FOR THE UPGRADING OF INTERNET ACCESS SERVICES PROVIDED BY TIME WARNER CABLE TO SCHERTZ PUBLIC LIBRARY AT 798 SCHERTZ PKWY FROM A 10 MBPS SERVICE TO A 50 MBPS SERVICE TO INCREASE BANDWIDTH FOR PUBLIC USE AND STAFF USE, AND OTHER MATTERS IN CONNECTION THEREWITH 06 -24 -2014 Minutes Page - 6 - Mayor Carpenter recognized Mayor Pro -Tem Scagliola who asked if the Library was aware of the overall cost of this upgrade to the intemet for the library computers and if there was a better use for the $10,000 cost of it. Executive Director of Development Services Brian James confirmed they were indeed aware of it and that this money was spent for addressing the numerous complaints by patrons who kept getting knocked off of the intemet when trying to use the library computers. This was now the library employee's biggest issue facing them on a daily basis. The Library has about 100 computers and the IT Department spends about a third of their time /support for them. The Library has had to cancel some of their classes because of their inability to serve their patrons. Mayor Pro-Tern Scagliola asked why some of the money is coming out of the Library funds and the other part of the money is coming out of the IT Department. Mr. James stated it was that big of an issue and they did not want to wait until next fiscal year to fix it. It is summer time and kids and parents are coming in frequently to use the computers. IT and the Library partnered to accomplish this. Councilmember Duke asked if this is enough capacity to serve the public now. IT Director Myles Clauser said that in the long run no, but it is as far as we can go for the moment. The next step would be to spend a lot of money and drop some fiber in. Councilmember Edwards asked if we had access to any corporate partners who could help with grant money. Mr. Clauser stated that since the Library is an educational institution, they are exploring the possibility of going to an c -rate, which the state subsidizes heavily. However, this is a two year process. Right now they are concentrating on the short term fixes. Long term is something we will look at in the next year. Councilmember Edwards asked if $10,000 was enough to put us where we need to be. Mr. James assured Council that IT staff is very forward looking and the Department has a master plan in place and the problems are being tackled in various ways, including playing catch up first where needed. - City Manager John Kessel stated he also spoke with members of the Library Board and this is their number one item to be addressed. Approval by Council tonight would fix the problem now rather than waiting for next fiscal year. Mayor Carpenter recognized Mayor Pro -Tem Scagliola who moved, seconded by Councilmember Fowler to approve Resolution No. 14 -R -52. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler, John, Edwards and Duke voting yes and no one voting no. Motion Carried. 4. Resolution No. 14 -R -53 — Approval of a Resolution acknowledging and supporting the business plan of Cibolo Valley Local Government Corporation for the development of water resources. (J. Bierschwale /S. Willoughby /A. Cockerell) The following was read into record: RESOLUTION NO. 14 -R -53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ACKNOWLEDGING AND SUPPORTING THE BUSINESS PLAN OF CIBOLO VALLEY LOCAL GOVERNMENT CORPORATION FOR THE DEVELOPMENT OF WATER RESOURCES; AND ESTABLISHING AN EFFECTIVE DATE. 06 -24 -2014 Minutes Page - 7 - Mayor Carpenter recognized Schertz Seguin Local Government Corporation General Manager Alan Cockerell who announced that just last week they were notified by the City of Converse that they are officially withdrawing from the Cibolo Valley Local Government Corporation ( CVLGC). Once the organization is reorganized it will comprise of only the City of Cibolo and the City of Schertz. Both cities will have similar water demands in the future and he predicts this partnership will be very effective. Mayor Carpenter recognized Councilmember Edwards who asked whether the business plan would be redone now. Mr. Cockerell stated that it is the same project but the financials will now be recomputed between just two cities instead of three. Mr. Edwards also asked if there was a reason Converse pulled out, as it is common knowledge that they are in great need of water. Mr. Cockerell responded that he thought the project was a little larger than what they felt they needed. Their council already took action last Tuesday via a resolution, thereby making the decision final. Now the CVLGC has resolutions ready for their Thursday meeting to amend the articles of incorporation bylaws and memo of understanding for the remaining two owner cities and will soon be bringing those documents to this council for approval. Mr. Edwards asked if we, as a governing body, did everything possible to make this partnership to include the City of Converse work. Deputy City Manager John Bierschwale assured him that this had been done. City Manager John Kessel added that Mr. Bierschwale had personally met with members of the Converse staff to help walk them through the basics. Mayor Carpenter stated that the City of Schertz extended the opportunity to get into the water business many times with other cities and we have been repeatedly turned down. While the need is everywhere for more water, the other cities have chosen not to partner with us. As a future customer they will simply have to pay higher rates for the water. Mayor Carpenter recognized Mr. Steve White, Board Member, who stated that we are following the lead from Schertz - Seguin many years ago. We are trying to build another complete system separately. We will then rely on each other for emergencies. This is a 25 year plan, which is just the start. We have to have this water. Ultimately, all the cities around us will become our future customers and they will end up paying for our system. It is a good business decision. Mayor Carpenter recognized Councilmember Fowler who asked how many members were originally on board with this project and were any of these other cities planning on building their own pipeline. Mr. Cockerell confirmed the original number of participants was five and now we are down to two. None of the other cities are planning to build their own water plant system. Seguin does not have the need for it and Selma and Converse just want to be wholesale customers. There was no professional or personal conflict regarding their decision; Converse is in fact looking at other options. Councilmember Scagliola also stated that Converse has had reservations for a long time already and their decision was based on finances. Mayor Carpenter recognized Councilmember Duke who stated he understands that we are acknowledging that the business plan has additional financial support we have to complete so could we just table this until next week and approve it all then and make sure the business plan accurately reflects what we are actually going to do. Mr. Cockerell replied that they are working on a re- organization of the articles of incorporation, bylaws, and memo of understanding of the two owner cities that their board will pass on Thursday and then bring forward to the owner cities. They will also be updating the business plan. At some point the CVLGC will borrow some money to build the project and will come to each city council to get approval for any bond funding. He recommended approving the resolution this evening 06 -24 -2014 Minutes rage - s - understanding that the business plan is an ongoing working document and they will be working with the city on those financial requirements. City Manager John Kessel asked how long it might take to make the modifications to the business plan. Mr. Cockerell stated it was just a matter of changing the cost division from three to two. It is a working document as we move forward. They are currently in the process of acquiring some water rights property and once that is better defined it will give us a clearer picture of the future activities and costs. Councilmember Duke and Councilmember Scagliola suggested delaying the approval of the resolution to allow time for the business plan to be modified to accurately reflect the financial responsibility of two cities (Cibolo and Schertz), instead of three. No action was taken on this item. Executive Session Mayor Carpenter recessed the regular meeting into executive session at 7:25 p.m. 9. City Council will meet in closed session under section 551.074 Evaluation of the City Secretary and Deputy City Secretary. Reconvene into Regular Session Mayor Carpenter reconvened into regular session at 8:50 p.m., and moved to the roll call vote confirmation. Roll Call Vote Confirmation Mayor Carpenter recognized Deputy City Secretary Donna Schmoekel who recapped the votes of items 1 through 4. Mayor Carpenter moved to agenda item 9a. 9.a. Take any necessary action based on discussions held in closed session under Agenda Item number 9. Mayor Carpenter recognized Councilmember Duke who moved, seconded by Councilmember Fowler, to approve a 2 percent pay increase for the City Secretary and a 4 percent pay increase for the Deputy City Secretary with an effective date of April 1, 2014. Mayor Carpenter called for the vote. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler, John, Edwards and Duke voting yes and no one voting no. Motion Carried. Roll Call Vote Confirmation Mayor Carpenter recognized Deputy City Secretary Donna Schmoekel who recapped the votes of agenda item 9a. 06 -24 -2014 Minutes Page - 9 - Requests and Announcements 5. Announcements by City Manager Citizen Kudos Recognition of City employee actions New Departmental initiatives No further announcements were provided. 6. Requests by Mayor and Coumcilmembers that items be placed on a future City Council agenda. Mayor Carpenter recognized Councilmember Edwards who stated we had talked in the past about ride shares like Uber and Lift. Currently we don't have a taxi service in Schertz. As we grow we need to consider how we are going to police those areas and control them. We need to get our hands around that before it gets out of hand. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items Mayor Carpenter recognized Mayor Pro -Tem Scagliola who stated he attended the following: • Thursday, June 19, SSLGC Meeting in Seguin • Saturday, June 21, Debbie Pape's Birthday Party at Schertz Senior Center • Schertz Veterans Memorial Plaza Mayor Carpenter recognized Councilmember Fowler who stated he attended the following: o Schertz Veterans Memorial Plaza Mayor Carpenter stated that if anyone has not been to the Veterans Memorial plaza yet to take the time to go by and enjoy it. It has surpassed his expectations and is striking and beautiful. Adjournment As there was no further business, the meeting was adjourned at 8:59 ATTEST: Michael R. Carpenter, Mayor 06 -24 -2014 Minutes Page -10- B ennda Dennis, City Secretary 06 -24 -2014 Minutes Page-11-