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04-07-2015 MinutesMINUTES REGULAR MEETING April 7, 2015 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on April 7, 2015, 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 Daryl John Staff Present: Deputy City Manager John Bierschwale Interim Executive Director Dudley Wait City Attorney Charles Zech Call to Order Mayor Pro -Tem Cedric Edwards Councilmember Grumpy Azzoz Councilmember Robin Thompson City Manager John Kessel Executive Director Brian James Chief of Staff Bob Cantu City Secretary Brenda Dennis Mayor Carpenter mentioned that the sound treatments were completed and the speakers have been changed out so hopefully we will be able to hear better and there will not be so many echoes. He reminded the students here this evening who are participating in the Hal Baldwin Scholarship to either sign the sheet in the back before leaving or see the City Secretary. Mayor Carpenter called the 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 (Pastor Stephen E. Prescod, Church of the First Born) Pastor Prescod 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 Director of Development Services Brian James who provided the following announcements: • Thursday, April 9, North East Partnership (NEP) Meeting, Olympia Hills Golf Course and Conference, 11:30 a.m. -1:00 p.m. • Thursday, April 9, Community Volunteer Fair, Schertz Civic Center, 5:30 p.m. -7:00 p.m. • Friday, April 24, 6th Annual Schertz/Cibolo Lions Club Casino Night -Civic Center, 7:00 p.m. • Sunday, May 17 Schertz EMS Golf Tournament- Olympia Hills Golf Course 04 -07 -2015 Minutes Page - 1 - • Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who thanked the team that put together the acoustic treatments in the Council Chambers. Mr. Kessel also thanked the Marshal's Office who designed a number of security enhancements that have been put in place. Mr. Kessel recognized the following staff members who were in the audience this evening: Albert Orosco, Sam Rhodes, Jerry Bonk, Randall McCannis, Bruno Sepeda, Ray Gonzales, Bryan Timmons, Brian Chellino, Myles Clauser, Eric Haugen, Doug Letbetter, Joe Villarreal. Mr. Kessel stated along with our efforts to retain a high quality of transparency in our City, we had previously received a number of complaints that folks in the audience could not hear or understand some of the conversation on the dais. Staff spent a lot of time putting this system together and now we hopefully can communicate better. Proclamations Mayor Carpenter stated he had three proclamations to read but first he wanted to recognize Master Jackson Peacock from Troop 624 who is here tonight working on his communications and citizenship badges. Thanks for joining us. Mayor Carpenter stated we do this every year and is an important part of work done in our community. It often goes unrecognized and this is why we do these proclamations. Mayor Carpenter read the following three proclamations: • Proclamation recognizing "Child Abuse Prevention & Awareness Month" (Mayor Carpenter /Christy Williams/Dixie Bane) • Proclamation recognizing "National Crime Victim's Week" (Mayor Carpenter /Christy Williams/Dixie Bane) • Proclamation recognizing "Sexual Assault Awareness & Prevention Month" (Mayor Carpenter /Christy Williams/Dixie Bane) Mayor Carpenter thanked the attendees and recipients of the proclamations for joining us and offered them an opportunity to speak. Mayor Carpenter recognized Christy Williams, Executive director of the Guadalupe County Children's Advocacy Center located in Seguin, Texas. They assisted 405 children last year (2014). -They began operations in 2004 and have subsequently assisted Law Enforcement Officers and Child Protective Services Investigators in conducting 3,350 forensic interviews for their inspections in child abuse and neglect. They do not 04 -07 -2015 Minutes Page -2 - see those numbers going down and are in the process of building a new building. They have a fundraiser this Saturday at the KC Hall in Seguin and invited everyone to come out and support them. Mayor Carpenter recognized Ms. Jennifer Fernandez, Executive Director of Guadalupe Valley Family Violence Shelter which serves Guadalupe, Wilson, Gonzales, and Karnes counties. They provide many services to victims of domestic violence and sexual assault. She expressed her appreciation to the City of Schertz for their acknowledgement and assistance. Presentations • Presentation awards regarding the 2015 Wilenchik Walk/Run. (B. Cantu/M. Spence) Mayor Carpenter recognized Events Manager Mary Spence who stated they had originally planned to present a check to the Cancer Therapy and Research Center (CTRC) and the awards from the Wilenchik Walk/Run held last month. However, since the files and tabulations have not been completely finalized yet, she will instead provide an update on the event. Tonight she wanted to share some information on the city website where the photos are loaded. There were about 550 registered participants and it looks like our donation will be about $8,500.00. Our numbers are a bit less than in previous years as we were not able to take advantage of the contributions obtained from our firefighters who would go up toward FM 3009 and FM 1103 along with our Public Works Department and collect/solicit funds. Due to some permitting changes that restricts what they can solicit funds for we were not able to add these contributions this year. The HEB sponsorship and the T -Shirt sponsorships are enough to cover the expenses so all other contributions from everyone else will be contributed to CTRC. We will make that presentation along with the awards (the winners of the run, T -shirt contest, and most funds raised) to you at next week's meeting. The cups on the dais are the compliments of the Parks and Recreation Foundation. The Jazz and Blue in the Park event will be this coming Saturday, April 11. There will be food trucks, music, beverages, and a car show. Please come out and enjoy yourself. Workshop Session • Discussion and update of the status of the design of the aquatic facility and the proposed Construction Manager at Risk (CM @R) Agreement. (J. Kessel/P. Gaudreau) Mayor Carpenter recognized Owner's Representative Phil Gaudreau who presented a quarterly update. He stated we went out and got a RFQ and RFP for a construction manager at risk on October 23, 2014, got responses back and interviewed the top three firms on January 7, 2015. Since then we have been working with the firm to start to align the project with the budget and are within the $8 million targeted budget. Negotiations are continuing with the highest ranked firm. The next phase is to bring to council a pre - construction contract for pre - construction services. That will take us through 95% completion of the contract documents. Then we would get a final guaranteed maximum price which council would have to make a decision on. 04 -07 -2015 Minutes Page - 3 - Mayor Carpenter recognized Councilmember Azzoz asked about the money we have spent so far out of the original bond issue. Mr. Gaudreau stated out of the bond issue we have about $5.5 million in construction dollars. The school district will furnish $1.65 million and the YMCA $2.0 million. Executive Director of Development Services Brian James came forward and stated the YMCA agreement is structured to where the city would issue $2 million in general obligation bonds and the YMCA would pay us $100,000 a year to pay that off. We will pay the YMCA to operate the recreation center, the indoor pool and the outdoor pool. Right now we pay them $265,000 per year for the two existing outdoor pools plus the maintenance for three months out of the year. City Manager John Kessel stated the approximate total would be about $480,000 a year. Further discussion ensued regarding the day pass price versus the membership price and the building of locker rooms for school students and the public and the window of time the school students would utilize the facility for practice and competitions. Councilman Azzoz expressed concern about what the voters initially voted for which was a body of water to be used by the residents of the city with no intentions of involving the school district or the YMCA. If we scrap this project and not involve the school district or the YMCA, can we build a pool for the residents with the remaining money? Mr. Gaudrau said yes, although he wouldn't know what it would look like at $5.5 million. The program we are talking about was formulated carefully considering the general expectations of the community at large; the community pool and a leisure pool. This allows more flexibility than what was originally envisioned in 2010. The locker rooms and restroom facilities would be mandated by building code anyway. Mayor Carpenter recognized Councilmember Thompson who asked if the schematic as designed so far conform to the original intent of the bond issue in which we have an enclosed community /competition style pool. Mr. James replied yes it did. Was there anywhere in the bond language that excluded receiving monies from outside agencies and working with us to build an even better quality pool? Mr. James replied no, there was no exclusion. So is everything we are proposing above board and in design with the original bond? Mr. James replied yes. Mayor Carpenter recognized Councilmember Fowler who asked if the $100,000 that is being paid back to us by the YMCA, does that include interest. The answer was no. The other.question is if we have a competition style unity pool, anytime there is a competition going on in the pool, no one else could use it? Mr. James said yes that is the case. We have to comply with the bond language, but we want to build one facility to meet the needs of the community and maximize the ability of that pool. Mayor Carpenter suggested it sounds like there is a desire to debate the merits of the project itself. At this point we should limit the discussion to the status of the design and 04 -07 -2015 Minutes Page - 4 - the proposed construction manager at risk. If anyone wants to place on a future agenda an opportunity to debate the merits of the project let us do so in compliance of the open meetings act. Councilmember Edwards stated they could also put it on one of our planning sessions as well to discuss it at one of our strategic planning sessions. Mayor Carpenter agreed. • Discussion and direction regarding the use of hand held devices while driving and distracted driving generally. (Mayor /Council) Mayor Carpenter recognized Councilmember Azzoz who stated he has shared many stories about cell phone use and he understands there is currently a bill pending in Austin to limit the use of cell phones and texting while driving. This has a purpose. If it saves one life it is worth it. There have been numerous news stories on TV recently. San Antonio passed an ordinance and no one freaked out. He has observed there are not as many people using the phone in San Antonio as before. He would like us to do the same. Other cities are going to do it. We have to protect our young people. We are not taking anyone's rights away. Mayor Carpenter recognized Councilmember Edwards who stated he believes the state does have an ordinance up for consideration for banning texting. However, it is not just texting that concerns him, but distraction(s) in general while driving (putting on makeup, shaving, eating/drinking a beverage, changing the radio station, etc.) He takes responsibility for his own actions. He doesn't think he needs the government in his car. If we don't have anything that says distracted driving at all then maybe we can consider this; but if the state is already working on it, he doesn't see the reason to be redundant. When the law is passed state wide, the San Antonio law will be null and void correct? Mayor Carpenter recognized Councilmember Fowler said with texting he agrees that should not happen. Talking on the phone, working with a GPS system; his concern is these communications are being taken out of the system totally. How are the OnStar systems impacted by this? He can see how some communications need to happen. How would a police officer be able to separate an emergency call or something else? He would like to hear from the rest of council and the Police Chief on their opinions. Mayor Carpenter recognized Councilmember Thompson who stated he would not assume because a vote failed two weeks ago we are anti texting and driving. There are a variety of reasons that measure failed; vague language, duplicating efforts if a state measure passed, not wanting any more government involvement. Mayor Carpenter stated here is one of. the things that was considered last time. He read some information from the (September 2010) Insurance Institute for Highway Safety and the Highway Laws Data Institute which basically resulted in findings that hand held phone ban laws did not help reduce distracted driving accidents. He read also that about 3 % of accidents are related to a phone and 14% are related to people having conversation with another person in the car. As an alternative, if this is something we want to pass an ordinance on, we consider a different approach. Perhaps rather than saying you can't 04 -07 -2015 Minutes Page - 5 - participate in an activity, but if you are caught causing an accident, then you will be punished more severely than if you not using such a device. He struggles with passing an ordinance when empirical data suggests it would be neutral or potentially make things worse. If we pass an ordinance that says you can't text and that person decides they are not going to stop texting and they have the device down below and they are texting looking down, that is scary. Mayor Carpenter recognized Councilmember Azzoz who stated there are already about 27 states that already are banning texting and driving. Don't text and drive. It takes people's lives. Mayor Carpenter recognized Councilmember Fowler who asked Police Chief Hansen how you enforce this law within our city. Chief Hansen said to remember this is not a cell phone ban. This is simply the handheld use of it. You can take your emergency calls, make calls and text as long as you do it with a Bluetooth device where you never look at the phone or touch the phone. Keep in mind the collection of data from several years ago may not include the separation of `types' of distracted driving. The numbers now are probably higher due to extracting the cell phone incidents as a separate item. The intent is not to catch the person who pushes the button but the kind that are using both hands in texting a message. He has faith in our officers to do the right thing. The proactive part is that there are those who will obey the law. In other areas, while following the vehicle we can tell what they are doing. They respond to accidents regardless of what caused it. If it is determined a cell phone was the cause, it will be noted on the accident report. The cost would be simply that of putting up the signs and preliminary education in- house such as some neighborhood meetings. Mayor Carpenter said this is not an easy task and the challenge is the current research is ambiguous and if we do want to take action here we have to find what works for us. • Discussion and direction regarding forming a permanent committee of committees. (Mayor /Council) Mayor Carpenter stated that he asked that this be put on the agenda pursuant to a meeting they had last Tuesday evening with what is currently titled the Mayor's Task Force on Community involvement and future planning. He stated that he believes and Council will tell him and us what they think. It's been an interesting experiment that has yielded something that he did not really anticipate, and that is we have individuals from each of our Boards, Committees and Commissions that have come together in a separate committee and are providing insight and advice on future planning for the City as to whether or not we should have bond proposals, how we can involve the community more effectively, and being able to give commentary to the Council on what the combined Boards, Committees, and Commissions feel are items of importance for this Community. Mayor Carpenter asked for the Council to have a discussion about whether or not this Council should sanction this as one of its Boards, Commissions, and Committees, this Committee of Committees. Mayor Carpenter opened it up for Council discussion. 04 -07 -2015 Minutes Page - 6 - Mayor Carpenter recognized Mayor Pro -Tem Edwards who stated that he thinks this is one of the best ideas we have done in quite some time. Not only did we do a good job with this and our committee has done a great job, he believes that this is something that needs to be permanent and should also be part of the budget process as well. Mayor Pro- Tem. Edwards also stated that he would like to see some leadership as a Committee Chair person. He stated that he knows they mentioned that everyone would be equal but if the committee would not mind either choosing a Chair person from themselves, or have the Council appoint one. Mayor Pro -Tem Edwards asked for the Committees and Council's thoughts. Mayor Carpenter recognized Councilmember Azzoz who stated that last week we commended the committee on an exceptional job and how well they presented everything at their joint meeting. Listening to them last week really showed him that these individuals have spent a lot of time working together discussing the future of the City. He stated that they have done this without electing a chair and seem to be able to speak freely. He stated that he will go along with whatever the Committee wants. Councilmember Azzoz stated that last week he jump in and made a motion to approve this committee and keep it in tact. He believes if they wish to choose a chair person he believes the Council should leave it up to them to decide. Councilmember Azzoz again thanked the Committee and applauded them for the hard work that they do. Councilmember Azzoz stated that the Committee has his support. .Mayor Carpenter recognized Councilmember Thompson who asked just to clarify we are referring to the Committee of Committees, the Mayor's Task Force and to not what would become the Bond Committee ?. Mayor Carpenter stated that we have a separate agenda item this evening to talk about the seating Bond Committee. Mayor Carpenter stated that his is feedback from the Council to decide if we want to ask staff and the City Attorney to begin to put together the ordinance that would create this committee and have that committee begin to formulate its by -laws as we have with the other committees in the City, i.e., the Library Board, the Transportation Safety Advisory Board etc., It was the consensus of Council to have staff and the attorney begin to put together the ordinance that would create this committee as a permanent committee of the City of Schertz. Hearing of Residents Mayor Carpenter recognized the following who spoke: • Ms. Maggie Titterington, Schertz Chamber President, who introduced her Board of Directors, Chair Wendy Griffin with Schertz Bank & Trust, Chair Elect Pam Cox with Frost Bank, Treasurer Freddy Degollado with Schertz YMCA, Secretary Mark Moody with Christian Brothers Automotive, Board Directors: Olaf Emblem with SurePoint Self Storage, Eric White with C &W Properties, and Darlene Evans with Autumn Winds. 04 -07 -2015 Minutes Page - 7 - They are having. a Chamber luncheon on April 21 and are doing a non -profit partnership luncheon. Nineteen non -profit organizations who are members of the chamber will be provided with a promotional table to allow them to interact with the regular members of the chamber and exchange information. Additionally, Craig Krause will be the guest speaker giving us a talk on thriving in the `People Business'. She spoke on the upcoming SCMAC - Yourself into Shape event which is a military, veteran, spouse workshop and hiring event scheduled for May 20. She also brought posters for their next `Shop Local' event for April 16 with a cash prize of $500. 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. 1. Minutes - Consideration and/or action regarding the approval of the minutes the Regular Meeting of March 24, 2015. (J. KesselB. Dennis) 2. Ordinance No. 15 -T -11 — Consideration and/or action approving an Ordinance authorizing a budget adjustment to fund the Crime Victim Liaison and the Communication Shift Supervisor positions. Final Reading (J. Bierschwale/M. Hansen) The following was read into record: ORDINANCE NO. 15 -T -11 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO FUND THE CRIME VICTIM LIAISON AND THE COMMUNICATION SHIFT SUPERVISOR; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE 3. Resignations to City Boards, Commissions and Committees — Consideration and/or action regarding ratifying resignations on the Economic Development Corporation and Library Board. (Mayor /Council/B. Dennis) - Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember John to approve the consent agenda items 1 through 3. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion Passed. Discussion and Action Items 04 -07 -2015 Minutes Page - 8 - 4. Resolution No. 15 -R -26 - Consideration and/or action approving a Resolution authorizing a Crime Victims' Liaison Interlocal Agreement with the City of Cibolo and the City of Live Oak. (J. Bierschwale/D. Wait/M. Hansen) The following was read into record: RESOLUTION NO. 15 -R -26 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A CRIME VICTIMS' LIAISON INTERLOCAL AGREEMENT WITH THE CITY OF CIBOLO AND THE CITY OF LIVE OAK AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Police Chief Michael Hansen who stated that this is the program that he went into detail with at the presentation for the budget amendment and he is willing to go all over it again or answer any further questions you may have. Mayor Carpenter recognized Mayor Pro -Tem Edwards who stated we have three cities involved working together here and is a great way to spread the cost out and maintain a good working relationship. Mayor Carpenter recognized Mayor Pro-Tern Edwards who moved, seconded by Councilmember Fowler to approve Resolution No. 15 -R -26. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion Passed. Mayor Carpenter recognized Chief Hansen who stated he just wanted to take a second to recognize Lt. Manny Casas. This was an idea a year and a month ago and Manny took the idea and ran with it and did 99% of the work to get us to where we are today. 5. Ordinance No. 15 -D -12 — Consideration and/or action approving an Ordinance extending State and Local Traffic Rules to Private Roads located within the Carolina Crossing South Subdivision as specified; establishing Legislative findings in support thereof, establishing stop intersection locations and setting a maximum speed limit for said streets. First Reading (B. James/K. Woodlee) The following was read into record: ORDINANCE NO. 15 -D -12 AN ORDINANCE OF THE CITY OF SCHERTZ, TEXAS EXTENDING STATE AND LOCAL TRAFFIC RULES TO PRIVATE ROADS LOCATED WITHIN THE CAROLINA CROSSING SOUTH SUBDIVISION AS SPECIFIED HEREIN; ESTABLISHING LEGISLATIVE FINDINGS IN SUPPORT THEREOF; ESTABLISHING STOP INTERSECTION LOCATIONS; AND SETTING A MAXIMUM SPEED LIMIT FOR SAID STREETS 04 -07 -2015 Minutes Page - 9 - Mayor Carpenter recognized City Engineer Kathy Woodlee who stated on January 13, 2015, City Council passed Resolution 15 -R -07 Authorizing the City Manager to enter into an agreement with the Carolina Crossing South Homeowners' Association (HOA) for the Purpose of Traffic Control. In order to comply with the Agreement, the City must adopt an ordinance to provide for the enforcement of traffic rules and laws within the Subdivision. This does not make the streets public but simply authorizes the city to enforce traffic rules. She stated Ordinance 15 -D -12 extends state and local traffic rules to the private roads located within the Carolina Crossing South Subdivision and sets the maximum speed limit for those streets at 20 miles per hour, consistent with other local residential streets throughout the City. It also identifies and establishes the stop intersections within the Subdivision. Mayor Carpenter recognized Mayor Pro -tem Edwards who asked why we have not considered expanding this to Berry Park or Forest Ridge subdivisions. Ms. Woodlee stated it is actually stated in the Texas State Transportation Code that a Home Owners Association (HOA) may petition the city to have an agreement, so it is actually driven by the HOA; they come to us, not us to them. Mayor Carpenter recognized Councilmember Fowler who moved, seconded by Mayor Pro -Tem Edwards to approve Ordinance No. 15 -D -12, first reading. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion Passed. 6. Resolution No. 15 -R -27 — Consideration and/or action approving a Resolution authorizing an Interlocal Agreement for EMS Billing Services with Glasscock County. (J. Kessel/D. Wait) The following was read into record: RESOLUTION NO. 15 -R -27 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT FOR EMS BILLING SERVICES WITH, CLASSCOCK COUNTY AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Interim Executive Director Dudley Wait who stated that in 2012 the EMS came forward with a request from the City of Alamo Heights asking Schertz EMS to do their billing for them. In 2012 we brought them on board and they have been pleased with our services. In the summer of 2014, we were contacted by the Glasscock County EMS Director regarding EMS Billing. Glasscock County EMS is a volunteer EMS that provides all EMS transports for the approximately 1,300 residents of the county. This small volunteer agency has, since its inception, relied on donations and fundraisers to provide ambulance services and has not charged their residents or visitors any user fees. With the influx of oil and gas companies their call volume has risen and is 04 -07 -2015 Minutes Page -10 - putting a new level of demand on their resources, to the point that their traditional funding can no longer sustain them. In an effort to begin this, their EMS Director contacted Allison Gorzell, EMS Billing Manager and myself to seek assistance in getting started. It was during this process, that the County asked Schertz EMS to not only assists them in getting started but to consider providing Billing Services on a go- forward basis. In conducting a multi -year review of their EMS activity, it was determined that Glasscock County EMS is currently responding to approximately twenty (20) ambulance requests a month. This is up from approximately ten (10) requests a month prior to their current influx of oil and gas exploration. In comparison, our EMS is currently responding to approximately 27 requests per day and transporting 19 patients per day. This volume better compares to the activity that Schertz EMS sees within the City Limits of Marion on a monthly basis. An integral part of this new agreement is that Glasscock County will join the same Electronic Patient Care Report cooperative that Schertz EMS is a part of so that obtaining the data from their ambulance responses will be identical to what we do daily for our own needs. In addition, Ms. Gorzell has been working with Glasscock County to establish appropriate policies and procedures as well as to get them licensed to bill Medicare and Medicaid. In reviewing all of this information the EMS Billing staff believes that they could absorb this additional workload (an approximate 2% increase) with no impact to our daily activities. The attached Interlocal Agreement outlines processes that will be followed and establishes a fee of 9% of total collections for providing this service. The overall impact to the EMS Department is expected to be approximately $10,000 revenue. There will be only one additional cost which is to put another division into our database of our billing system for Glasscock County which will cost $750 and which we will pay upfront. The billing department does not feel this will be any extra burden on them as it is only about 20 calls per month compared to the 20 -25 calls per day that we respond to and the 1.5 calls per day that Alamo Heights responds to. Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Mayor Pro -Tem Edwards to approve Resolution No. 15 -R -27. The vote was unanimous with Mayor Pro-Tern Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion Passed. 7. Resolution No. 15 -R -28 — Consideration and/or action approving a Resolution authorizing a Commercial Lease Agreement and Temporary Use Agreement with the Schertz Chamber of Commerce. (B. Cantu/J. Kurz) The following was read into record: 04 -07 -2015 Minutes Page - 11 - RESOLUTION NO. 15 -R -28 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A COMMERCIAL, LEASE AGREEMENT AND TEMPORARY USE AGREEMENT WITH THE SCHERTZ CHAMBER OF COMMERCE, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter stated that Councilmember Thompson has filed a conflict of interest form with the City Secretary and will not be participating in this item. Councilmember Thompson recused himself from participation in this item. Mayor Carpenter recognized Purchasing and Asset Manager - Director Jessica Kurz who stated in October 2009, the City entered into a Lease Agreement with the Schertz Chamber of Commerce for use of the Kramer House as its Business Headquarters and Visitors' Center. The Kramer House is located at 1730 Schertz Parkway, Schertz, TX. The previous agreement included a base rent of $650 per month, paid in quarterly installments of $1,950. The agreement lapsed on September 30, 2014. Both the City and the Chamber of Commerce have continued to operate as usual, even in the absence of a formal agreement. The Chamber paid quarterly rent installments in October 2014, January 2015, and April 2015. Both parties have a mutual desire to continue the previous agreement for another term of five years. The contract remains largely the same as the initial agreement approved by Council, with only the following minor changes: 1. Retroactive effective date of October 1, 2014; 2. The base rent amount in the Holdover clause was changed from $1,000 to $650 per month; and 3. Incorporation of additional termination provisions. Additionally, both parties desire to have a supplemental Temporary Use Agreement, whereby the City can request to use the Kramer House, with sufficient lead time, for meetings or events. The Schertz Chamber of Commerce has reviewed and approved these agreements. Mayor Carpenter recognized Councilmember Fowler who stated that he thought this arrangement should continue as the Kramer House was the perfect place for the Schertz Chamber to be and was a great location for it. Mayor Carpenter recognized Councilmember Azzoz who asked how much square footage the building had. Ms. Kurz stated she did not know. Mr. Azzoz stated he thought it was around 1,745 square feet. He asked how we came up with charging a $650 lease per month. Ms. Kurz replied this is what was charged before and management was happy to leave it at that price. Mr. Azzoz read from Item #2 of the landlord agreement. What is this city's cost of these provided services? City Manager John Kessel stated we provide 04 -07 -2015 Minutes Page - 12 - landscaping in all the different ground maintenance of the different city properties. While the city pays for utility hookups, the Chamber pays for its own internet hookup and telephone. The city provides a very limited janitorial service of light sweeping, removal of trash; sweep the walkway, and some dusting. Mr. Azzoz stated the wording implies we are paying for month internet and phone bills. Ms. Kurz offered to change that particular wording to be clearer. Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember John to approve Resolution No. 15 -R -28, with the requested changes. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz and John voting for and no one voting no. Councilmember Thompson recused himself from the vote. Motion Passed. 8. Seating a Bond Committee — Discussion and/or action regarding the seating of a bond committee. (Mayor /Council) Mayor Carpenter stated that at last week's joint meeting of City Council and The Mayor's Task Force Committee, the committee revealed their recommendations regarding the city's bond capacity and priority necessities that the community sees as we go forward. Because we must move with alacrity to place the bond package on the November ballot, we discussed the idea of simply having the Task Force Committee become the initial Bond Committee. Mayor Carpenter recognized Mayor Pro -Tem Edwards who stated it is imperative that we seat a bond committee immediately and he made a motion to do so. For clarity, Mayor Carpenter stated the members who would be seated are as follows: Frank McElroy, Tim Brown, Fae Simmons, Michael Dahle, Maggie Titterington, Richard Dziewit, Ed Finley, Howson Lau, and Barbara Hall. Mayor Carpenter recognized Mayor Pro -Tem Edwards who asked whether council would appoint a chairman or if the committee does that. Mayor Carpenter stated the charter does not provide any direction one way or the other. Mayor Pro -Tem Edwards stated he would Eke to hear from members of the committee on this subject. Several members spoke up and said they all felt a chairman should be appointed and it did not matter if that task was left up to them or if council wanted to appoint someone. Councilmember Azzoz recommended the committee make the appointment. Councilmember Fowler asked who would be their secretary and that they needed to think about that also. Mr. Dahle pointed out that even though the same members exist, the Bond Committee is going to be separate from the Committee of Committees. The Bond Committee is going to focus on the bond itself and take actions they feel will get the community involved and informed about the bond election versus the Committee of Committees that will deal with many different issues. He thinks the next few months the Bond Committee will be meeting and the Committee of Committees will suspend their activities until after the election. Mayor Carpenter said he will be asking the city attorney for guidance on not forming a committee by this council - until after the bond election. We should also allow the Bond Committee to select their own Chairman. The decisions on how to spend the citizen's money always seems to ultimately 04 -07 -2015 Minutes Page - 13 - rest with the council but is often best handled by the people themselves (i.e. as with a Bond Committee). Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember Azzoz to approve seating of the bond committee. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion Passed. Roll Call Vote Confirmation Mayor Carpenter recognized City Secretary Brenda Dennis who recapped the votes for agenda items 1 through 8. Requests and Announcements 9. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives Mayor Carpenter recognized City Manager John Kessel who stated that a few years ago they all read the `Great By Choice'. He has handed out this book to the new councilmembers tonight. At the December 2014 retreat they discussed a new good team building book and he wanted to point out that the department heads are also reading this book. These books are yours to keep and hopefully we can all continue to explore these ideas and work together as a team. 10. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Mayor Carpenter recognized Councilmember Azzoz who requested the following be put on the next agenda: 1) a discussion on the merits of the pool project, and 2) discussion and direction regarding the use of hand held devices while driving and distracted driving generally. Councilmember Azzoz also requested Police Chief Hansen to come forward with the same ordinance with commentary on enforcement along with any challenges he may see. Mayor Carpenter recognized Mayor Pro-Tem. Edwards who requested an update from staff on the Skate Park Phase II project. Mayor Carpenter recognized Councilmember Thompson who requested an update on the senior center and also in regard to the cell phone item, he requested staff review what statistics that might be available to determine what percentage of accidents might be caused by cell phone usage. 04 -07 -2015 Minutes Page - 14 - Mayor Carpenter suggested Council allow staff two to three weeks, pending their ability to get the background information put together. The pool can be done next week, but for the others, staff may need more time. 11. Requests by Mayor and Councilmembers to City Manager and Staff for information. Mayor Carpenter recognized Councilmember Fowler who stated we need to pursue the idea of how we can promote the cell phone safety problems within our city. Mayor Pro -Tern Edwards stated that since we have quite a few electronic signs in the area, would the Schertz Chamber poll the businesses to see if they would allow us to do some kind of awareness program about distracted driving. 12. 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 Edwards who stated they met with the San Antonio Water System (SAWS) and presented their case with Region L about the Cibolo Valley Local Government Corporation. SAWS has decided to let us go forward with the program in Wilson County. With a lot of opposition we should be getting some water very soon. He thanked Deputy City Manager John Bierschwale for his leadership, Schertz Seguin. Local Government Corporation (SSLGC) General Manager Alan Cockrell, Justin Murray and Cibolo Councilmember Jay Hogue. They all gave a brief statement on why the project was imperative for the growth of our area. Mayor Carpenter recognized Councilmember Fowler who stated he loved the new council chambers sound system. Mayor Carpenter recognized Councilmember Azzoz, who stated he didn't do much for Easter; he went to Louisiana, contributed some money up there and came back. Mayor Carpenter recognized Councilmember Thompson who.stated on Saturday, April he attended the Schertz- Cibolo Lions Club & HEB Community Easter Egg Hunt at Pickrell Park and thanked them for doing a great job. Mayor Carpenter commended Purchasing and Asset Manager Jessica Kurz (a new staff member) for doing a great job with her first presentation in front of council this evening. 04 -07 -2015 Minutes Page -15 - As there was no further business the meeting was adjourned at 9:05 p.m. j Michael R. Carpenter, Mayor ATTEST: Donna Schmoekel, Deputy City Secretary 04 -07 -2015 Minutes Page - 16 -