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11-25-2014 MinutesA Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on November 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 Jim Fowler Councilmember Cedric Edwards Staff Present: Deputy City Manager John Bierschwale Chief of Staff Bob Cantu City Secretary Brenda Dennis 1011111. Councilmember Grumpy Azzoz Councilmember Matthew Duke City Manager John Kessel Executive Director Brian James City Attorney Charles Zech Deputy City Secretary Donna Schmoekel Mayor Carpenter called the meeting to order at 6:04 p.m. Invocation and Pledges of Allegiance to the Flags of the United States and the State of Texas (Councilmember Edwards) Councilmember Edwards provided the invocation followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. • Announcements of upcoming City Events (J. Bierschwale/B. James) Mayor Carpenter recognized Executive Director of Development Services Brian James who provided the following announcements: • Wednesday, November 26, 2014, Veteran's Memorial Plaza Stone Placement, 10:00 a.m. • Thursday and Friday, November 27th & 28h, City offices closed in observance of Thanksgiving. • Thursday, November 27, 2014, Schertz Turkey Trot 5K, Bluebonnet Palace, 17630 Lookout Road, 7:00 a.m. • Monday, December 1, 2014, Ribbon Cutting — Fox's Pizza, 3909 FM 3009, 3:00 p.m. • Tuesday, December 2, 2014, Schertz Chamber Luncheon, Schertz Civic Center 11:30 a.m. 11-25-2014 Minutes Page - 1 - SAVE THE DATE EVENTS: • Thursday, December 4, 2014, Chamber After Hours Mixer, Hampton Inn and Suites, 5:30 p.m. • Friday, December 5, 2014, Schertz Festival of Angels; Parade and Snow, Hal Baldwin Municipal Complex, 6:00 p.m. • Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who commended Storm Water Manager Larry Busch, Jr. who, on his own personal time, traveled around the city during the recent heavy rains to observe any potential flooding hotspots that need addressing. Also, Adult Services Librarian Elizabeth (Lizzi) Bertoia recently went to the aid of a six month old baby who was choking on some food. Elizabeth had taken a CPR class offered by the City EMS staff two days before and used those newly acquired skills to save a baby's life. Kudos to both our EMS personnel for taking the time to teach basic CPR skills to all city personnel and to Elizabeth for going into action so quickly and using those skills. Presentation • Briefmg and information regarding the upcoming Festival of Angels 2014, December 5, 2014, 6:00 p.m. to 10:00 p.m. (J. Kessel/B. Cantu/M. Spence) Mayor Carpenter recognized Events Manager Mary Spence who provided information on the upcoming Festival of Angels Event, Friday, December 5, starting at 6:00 p.m. There will be entertainment to include various school choirs, our Sweethearts and Schertz Idol will perform along with a few local church choirs. The parade will start at 6:30 p.m. at Pickrell Park and go down Main Street and Schertz Parkway and will fmish up at the Animal Adoption Center. There will be food and craft vendors as well. We will be helping our Blue Santa Program where anyone can donate a toy. Photos will be available with Mr. and Mrs. Claus. Our feature event will be `Snow'. Everyone is invited. Hearing of Residents: Mayor Carpenter recognized the following who spoke: • Mr. Roger Scott, 14546 Schmidt Craft Lane, who stated he had a few comments about the South Schertz Wastewater Treatment Plant. The local owners of the adjacent properties are not trying to say `stop' although they would not like to see the plant go in. However, what they are asking for is information on what is happening. It is your project through CCMA. Under Government Code it does not allow a government body to cut a deal in private, devoid of public input or debate. They are asking you to look out for us. The minimum requirement of Texas is the worst in the United States as far as working out EPA and things like that. The affected land owners are just asking for Schertz to do a little bit extra. Please listen and work together with them as a team. 11 -25 -2014 Minutes Page - 2 - 0 Mrs. Gerri Scheel, 7424 Trainer Hale, who stated her property was a part of the ETJ with San Antonio and Schertz in 2010. San Antonio has since then released from its ETJ approximately 3,486 acres of land. San Antonio did not receive any land in the agreement but there were some conditions they wanted upheld. The one she is interested in is the extension of FM 3009 and Weir Road and the maintenance of a 120 foot right -of -way. It is part of Schertz's MTP and also San Antonio. She showed several maps of the area(s) to Council. She would like an update on the alignment of the proposed road extension of FM 3009 from IH -35 down to IH -10. Mayor Carpenter asked Executive Director of Development Services Brian James to speak with her and try to answer some or all of her questions. Mayor Carpenter recognized Zachary Salas, from Boy Scout Troop 51 who is working on his Citizenship Badge. He asked him to say a few words. Zachary introduced himself and said he is working on the Citizenship and Community merit badge, rank and scout career and is trying to get this done and move on. Consent Agenda Items 1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of November 18, 2014. (J. KesseI/B. Dennis) 2. City of Schertz 2015 Master Calendar — Consideration and/or action regarding the approval of the City of Schertz 2015 Master Calendar (B. Cantu/S. Gonzalez) 3. Resolution No. 14 -R -95 — Consideration and/or action approving a Resolution amending the City of Schertz Code of Ordinances and certain other ordinances by amending and establishing fees for certain licenses, permits, and other services provided by the City of Schertz.(B. James/M. Sanchez) The following was read into record: RESOLUTION NO. 14 -R -95 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CITY OF SCHERTZ CODE OF ORDINANCES AND CERTAIN OTHER ORDINANCES BY AMENDING AND ESTABLISHING FEES FOR CERTAIN LICENSES, PERMITS, AND OTHER SERVICES PROVIDED BY THE CITY OF SCHERTZ. Mayor Carpenter recognized Councilmember Fowler who moved, seconded by Councilmember Edwards to approve the consent agenda items 1 through 3. The vote was unanimous with Councilmembers Fowler, Azzoz, Edwards and Duke voting yes and no one voting no. Mayor Pro -Tem John was absent. Motion passed. 11 -25 -2014 Minutes Page - 3 - Discussion and Action Items 4. City Council Place 5 Resignation — Consideration and/or action accepting the resignation from Matthew Duke City Council Place 5. (Mayor /Council) Mayor Carpenter stated that council had received his resignation letter and asked if Mr. Duke wanted to say a few words. Councilmember Duke said he has enjoyed his time but it really comes back to being a citizen of Schertz. Steve White gave him an opportunity to serve on the Schertz Economic Development Corporation where he learned a lot. Then he decided to make that leap to go into a greater role, City Councilmember. He found that sitting on the dais, he is more engaged, but the community at large can be just as engaged as anyone on the dais and can have the same sort of effect through their participation. He encourages the community to become more involved, especially as the city grows to fifty thousand and above. He and his family have moved to the ETJ of San Antonio to be closer to work and have a bit more land for the kids to play. They hope maybe in about ten years to be able to come back to this area. He thanked Mr. Kessel, Mr. James and Ms. Dennis, city council members, and the entire city staff for all their assistance. He said the city does a great job with being transparent. He knows that city leadership and staff here are focused on ways to show continued excellence and be an example for others. Mayor Carpenter asked everyone present to join him in showing appreciation for Mr. Duke's service to the community. Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Councilmember Azzoz to approve accepting the resignation of Councilmember Duke, Place 5. The vote was 3 -0 -1 with Councilmembers Fowler, Azzoz, and Edwards voting yes and Councilmember Duke abstaining. Mayor Pro -Tem John was absent. Motion passed. Mr. Matthew Duke left the dais at 6:33 p.m. 5. Resolution No. 14 -R -97 — Consideration and/or action approving a process for considering and appointing an individual to the vacant Place 5 City Council position. (J. Kessel/B. Dennis The following was read into record: RESOLUTION NO. 14 -R -97 RESOLUTION ANNOUNCING THAT THE CITY COUNCIL IS ACCEPTING APPLICATIONS FOR THE VACANT PLACE 5 CITY COUNCIL POSITION IN THE CITY OF SCHERTZ, TEXAS; APPROVING THE FORM OF APPLICATION FOR APPOINTMENT; SETTING A DEADLINE FOR SUBMITTING APPLICATIONS, SETTING AN INTERVIEW DATE; AUTHORIZING THE CITY SECRETARY TO ADVERTISE ON THE CITY'S 11 -25 -2014 Minutes Page - 4 - WEBSITE AND IN THE CITY'S NEWSPAPER OF RECORD THAT APPLICATIONS ARE BEING ACCEPTED FOR THE VACANT PLACE 5 CITY COUNCIL POSITON; AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter gave a bit of history regarding the resignation of past councilmembers. Councils have handled this in numerous ways, such as when Mayor Richard resigned as mayor in 1973 when he purchased the Schertz Bank & Trust. The council then appointed Mayor Graham rather than have an election. We have also had special elections that were called. In 1983 there were two appointments made that year. So we do have choices here. One of the changes that recently occurred in the city charter is that any term that has 365 days or more on it requires for us to call for a special election; less than 365 days allows us to have choices: 1) take no action and wait for the next election, 2) appoint someone to that seat, or 3) call for a special election. Ultimately it is the decision of the city council. Mayor Carpenter recognized Councilmember Edwards who stated he thinks we should wait to take action when we have a full council (when Mayor Pro -Tem John returns). Mayor Carpenter recognized Councilmember Fowler who pointed out that even if we waited for a special election (May), that individual would only be in office for five months before having to go up for re- election. He assumes that even if we make an appointment, council could still accept applications and subsequently do interviews. He also asked if to satisfy transparency, could we ask a third parry to sit in. He favors making an appointment, but in such a way where it would be as transparent as possible. Mayor Carpenter recognized Councilmember Edwards who asked what the cost of the last election was. City Secretary Brenda Dennis stated it was approximately $16,000. He suggested we could have an election in May along with the charter election. It was pointed out that the charter review committee would not be ready by then. That being said, he stated at this time he would be in favor of an appointment. Mayor Carpenter recognized Councilmember Azzoz who stated it was not really what we want but what does the public want. We need to be fair and transparent. How do we get the public's opinion on it? How do you qualify someone? He wants the people to pick. The $16,000 is not a lot of money if it is worth the transparency and the will of the people. Mayor Carpenter stated the challenge we have with having a special election is that between now and May, two of you can't be sick the same evening or we will not have a quorum. The people elected us to make decisions for them, so this is our job. The third party is the voting public who will not re -elect us if they don't like what we decide. He personally advocates for two things. Let's appoint someone to the council so we increase our chances of always having a quorum. If we wait, any tie vote will need to be broken by him, the mayor, which you may not like. 11 -25 -2014 Minutes Page - 5 - Mayor Carpenter recognized Councilmember Edwards who read the current rules. He said we are at a crucial point and he thinks we need someone who can hit the ground running. We also have still not hired an Economic Development Director and he thinks we need to push through so we don't fall backwards. He thinks we should go with making an appointment. He thinks we should get someone who has some experience with a committee such as Planning and Zoning. When we go before big companies, we need to have some knowledge of what they are talking about and understand what their business model is and what their needs are. Mayor Carpenter recognized Councilmember Azzoz who stated planning and zoning experience is a great idea but that is not what happened last time an appointment was made. He wants transparency. He had asked the question of when was Mr. Matthew Duke leaving and he was told that Mr. Duke's resignation would come this week and that a certain named person would be the next (appointed) city councilmember. Two minutes later that person walked right by him. That is not transparency. That is why he is leaning towards a special election. He suggested a few individuals and he was also told that we were not going to elect the two losers. He was disturbed by this. City Manager John Kessel clarified that the conversation he had with Councilmember Azzoz tonight was not the actual conversation. Mr. Azzoz said that he had brought it to Mayor Pro -Tem John's attention of what transpired last Tuesday. Mayor Carpenter said he is not aware of any illegal gathering of a quorum of councilmembers to decide anything at all. Any decision will be made in these chambers in public, in open session, and it will be recorded; and it will be transparent. What is fair will be the job of this council. We are also guided by state law and the open meetings act. The charter (by the votes of people) gives us the instructions that are our choices as a council. Mayor Carpenter recognized Councilmember Fowler who said the will of the people is to put us on the council to make those types of decisions and that we would make a choice that is good for the city and the operation of the council. We need to do something fairly fast. The people would like us to take action. Councilmember Azzoz stated he wants to clarify that he is not against council appointing anyone. He brought up the subject of Councilmember Duke resigning and who might be appointed in his place to Mr. Kessel because he was disturbed about what he had been told by another individual and wanted to know if Mr. Kessel knew anything about this. Mr. Kessel said no, he had no knowledge of that. Councilmember Azzoz said he just wants to make sure we appoint someone with some experience. He is transparent and very straightforward and he is only one vote. Mayor Carpenter asked the City Secretary to put this item back on the next agenda(s) until they come to some decision as they continue to discuss it. 11 -25 -2014 Minutes Page - 6 - Workshop • Update on the Lone Star Rail Project. (B. James /J. Black) Mr. Joseph Black, Rail Director of the Lone Star Rail District provided an update on the project — a copy of his PowerPoint is on the City's Website. Mr. Black addressed Council questions; Council also provided their comments regarding this project. Roll Call Vote Confirmation Mayor Carpenter recognized Deputy City Secretary Donna Schmoekel who recapped the votes of items 1 through 5. Executive Session Mayor Carpenter recessed the regular meeting at 8:00 p.m. 6. 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 the regular meeting at 8:21 p.m. 6a. Take any necessary action based on discussions held in closed session under Agenda Item number 6. No Action taken. Roll Call Vote Confirmation Requests and Announcements 7. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives No further announcements were made. 8. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Mayor Carpenter recognized Councilmember Azzoz who asked if staff could place an item on the next agenda for discussion regarding employees' salaries. Mayor Carpenter 11 -25 -2014 Minutes Page - 7 - restated that he would like staff to provide a presentation and update on the Employee Compensation Model. 9. Requests by Mayor and Councilmembers to City Manager and Staff for information. Mayor Carpenter recognized Councilmember Azzoz who stated that in regard to how the Council should proceed to fill the vacancy of City Council Place 5 he would ask that staff and legal note in the Texas Constitution Section H Article 11, Section C : "Any vacancy or vacancies occurring on such governing body shall not be filled by appointment but must be filled by majority vote of the qualified voters at a special election called for such purpose within one hundred and twenty (120) days after such vacancy or vacancies occur except that the municipality may provide by charter or charter amendment the procedure for filling a vacancy occurring on its governing body for an unexpired term of 12 months or less." 10. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items Mayor Carpenter recognized Councilmember Fowler who stated that he is looking forward to the presentation next week by the Marshal's Department on the areas in our neighborhoods that need assistance as well as coming up with a type of volunteer program to help integrate volunteers to assist our seniors in need. Mayor Carpenter recognized Councilmember Azzoz who stated that he recently went out and delivered food for 5,600 people, he encouraged everyone to reach out and help those that are in need and less fortunate. Mayor Carpenter stated that he would like to come up with a way our community could assist. He indicated that during the holiday seasons our City receives an influx of calls from various organizations wanting to contribute and help. He stated that we need to reach out to those organizations and come up with a way that we can help those in our community that are in need. Mayor Carpenter recognized Councilmember Edwards who stated that on Wednesday, November 19, 2014, he attended the Tri- County Elected Officials reception. Adjournment As there was no further business, the meeting was adjourned at 8:2 7 p. m. 11 -25 -2014 Minutes Page - 8 - Michael R. Carpenter, Mayor Brenda Dennis, City Secretary 11 -25 -2014 Minutes Page - 9 -