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06-23-2015 MinutesMINUTES REGULAR MEETING June 23, 2015 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on June 23, 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 Executive Director Dudley Wait City Attorney Charles Zech Call to Order Mayor Pro -Tern Edwards Councilmember Grumpy Azzoz Councilmember Robin Thompson City Manager John Kessel Executive Director Brian James Executive Director Bob Cantu Deputy City Secretary Donna Schmoekel Mayor Pro -Tem Edwards called the meeting to order at 6:01 p.m. Invocation and Pledges of Allegiance to the Flags of the United States and the State of Texas (Pastor Andy Hostetler, Discovery Church - Cibolo) Pastor Hostetler provided the invocation followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. Mayor Carpenter arrived at 6:03 p.m. City Events and Announcements • Announcements of upcoming City Events (B. James/D. Wait/B. Cantu) Mayor Carpenter recognized Executive Director Dudley Wait who provided the following announcements: • Monday, June 29, Abel's Diner Ribbon Cutting, 8:00 a.m., 17327 IH 35 North. • Friday, July 3rd, City Office Closed in Observance of Independence Day. • Friday & Saturday, July 3rd & 4th, 400i Anniversary Celebration of 4th of July Jubilee starting off at Pickrell Park. • Saturday, July 4th Schertz Idol Semi - Finals — 2:00 p.m. — Schertz Jubilee Celebration. • Monday, July 20th, Operation- .Comfort Fund Raiser, 11:00 a.m. to 3:00 p.m., Sponsored by Grumpy's Cafe, 18817 FM 2252, proceeds will benefit local charity. • Saturday, October 31, 2015 through Sunday, November 1, 2015, Joint Base Randolph San Antonio Open House and Air Show — 9:00 a.m. — 6:00 p.m., free admission and parking. • Announcements and recognitions by City Manager (J. Kessel) 6 -23 -2015 Minutes Page -1- Mayor Carpenter recognized City Manager John Kessel who congratulated the Communications/Public Affairs Team for recently receiving the TAMI Award for the Schertz Magazine. Hearing of Residents Mayor Carpenter recognized the following individuals who spoke: Mrs. Clare Layton, 2231 Lost Meadows, who spoke about hand -held devices on the dais at City Council meetings. Workshop • Presentation and discussion regarding Street Project Priorities. (D. Wait/S. Willoughby) Mayor Carpenter recognized Storm Water Engineer Larry Busch who provided a Power Point presentation regarding street project priorities with the following highlights and answering questions from Council: 2005 - City Limits (square miles): 28.3, population 25,000; 2005 Streets (linear miles) _ 109.9. 2015- City Limits (square miles): 32.1, population 37,500; 2015 Streets (linear miles) =15 8.7. Moving Forward: Better documentation of projects, finances, project selection and scope of work: • Appropriate timeline that staggers projects to match capacity. • Increased staff capacity. • Integration of overall process into 5, 10 and 30 year financial plans. • Improved overall transparency and communication. • Refined project scopes and cost estimation process. • Process to develop project priorities informed by data and driven by input of Council, Staff and Community. Project Prioritization: Factors: • Pavement Condition Index (PCI) generated through Micropaver • Existing and Anticipated Traffic Volumes • Anticipation of private developer improvements • Accident data • Close proximity to other projects • Auxiliary construction (i.e. utilities, drainage, etc.) • Preventative Maintenance Value • Availability of Other Funding Sources Policy Guidelines: Factor Scorecard Distribution among areas of City Focus • Quality of Life 6 -23 -2015 Minutes Page -2 - Allocation Economic Engine Core Services to Categories of Project Types Preventative Maintenance Reconstruction New Capacity Other Factors • Road types (Arterial, Collector, Local) • Council, Citizen, and Staff (knowledge and input) • Geographic distribution • Project Cost vs. Number of Projects Near Term Goals: Provide recommendations for C.O. Bond Consideration: • Simplified Factor Scorecard based on available data • Intended to address some immediate needs Mr. Busch addressed questions from Council. Mayor and Council thanked Mr. Busch for the update. Consent Agenda Items 1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of June 16, 2015. (J. Kessel/B. Dennis) 2. Resolution No. 15 -R -47 — Consideration and/or action approving a Resolution Authorizing the Schertz/Seguin Local Government Corporation (SSLGC) Budget Amendment for Fiscal Year 2014/15 for the .Cathodic Protection Project. (D. Wait/J. Bierschwale /S. Willoughby /A. Cockerell) The following was read into record: RESOLUTION NO. 15 -R -47 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE SCHERT /SEGUIN LOCAL GOVERNMENT CORPORATION (SSLGC) BUDGET AMENDMENT FOR FISCAL YEAR 2014- 15 IN THE AMOUNT OF $869,001 FOR THE CATHODIC PROTECTION PROJECT, AND OTHER MATTERS IN CONNECTION THEREWITH 3. Resolution No. 15 -R -49 — Consideration and/or action approving a Resolution supporting the Cibolo Valley Local Government Corporation project in Wilson County and its inclusion in the Texas Water Development Board's South Central Texas (Region L) Regional Water Planning Area's Regional Water Plan. (J. Bierschwale /J. Bierschwale) The following was read into record: RESOLUTION NO. 15-R-49 6 -23 -2015 Minutes Page - 3 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS SUPPORTING THE CIBOLO VALLEY LOCAL GOVERNMENT CORPORATION PROJECT IN WILSON COUNTY AND ITS INCLUSION IN THE TEXAS WATER DEVELOPMENT BOARD'S SOUTH CENTRAL TEXAS (REGION L) REGONAL WATER PLANNING AREA'S REGIONAL WATER PLAN 4. Cancellation of June 30, 2015 City Council Meeting - Consideration and /or action cancelling the June 30, 2015 City Council meeting due to lack of agenda items. (B. Dennis /Council) - Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Councilmember Thompson to approve the consent agenda items 1 through 4. 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 5. Resolution No. 15 -R -45 — Consideration and/or action approving a Resolution authorizing purchases totaling no more than $75,000 with JRS Business Solutions for Dale Carnegie Training Classes for City Employees During the FY 2014/15 Fiscal Year and other matters in connection therewith. (B. James/B. James) The following was read into record: RESOLUTION NO. 15 -R -45 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING PURCHASES TOTALING NO MORE THAN $75,000 WITH JRS BUSINESS SOLUTIONS FOR DALE CARNEGIE TRAINING CLASSES FOR CITY EMPLOYEES DURING THE 2014 -15 FISCAL YEAR AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Executive Director Brian James who introduced this item stating one of the things that you know when approving the budget is that each department will have money for travel and training. They often use that money for their job specific or department specific training such as the drainage department will attend specific training related to their jobs, the building code department will attend their specific job related training and so on. One of the things that we felt like we were lacking were general training of a more broad spectrum, and what we had was the IT Department took advantage of sending some of their staff through the Dale Carnegie training course. We worked with them and talked about what their internal customers were saying as well as what external customers were saying. We felt like what needed to change is maybe their way of looking at business and doing business as well as the way they dealt with other folks. They took it upon themselves to put their department through the course and I think everyone was impressed with what they came away with in terms of positive changes in behavior in that department. So when we continued to discuss the need for broader training, one of the first things was customer service. We have a lot of employees who interact with the public and to some folks this comes naturally and others 6 -23 -2015 Minutes Page - 4 - not so much. We started on our own bringing employees into the Dale Carnegie training starting with customer service and the other thing we did was performance management. As you know we changed our performance evaluations a couple of years ago, going to a new form which was on -line and we received very good feedback from the new system. From this, one of the things that stood out when we tested the new form initially, we had one department head that said that they never had training on doing performance evaluations. At this point we realized we needed to give the folks adequate training on this, and while we do this internally we felt we needed to bring someone from the outside to provide this training and this is when we turned to the Dale Carnegie folks. Mr. James introduced Lisa Wright with Dale Carnegie who was in the audience this evening and stated that she has been helping us with this. We worked with Ms. Wright to tailor a training session specifically to our forms and system to fit the City of Schertz. The last thing we had Dale Carnegie do was come in and provide training on employee engagement, and as you know last week we provided information on our recent employee survey and there were some areas as you know we didn't do so well on and we wanted specific training on the areas we wanted to improve on. One area had to do with supervisors making their employees feel much more engaged in their jobs and Dale Carnegie brought us in to provide this training. Council will find in their information the number of employees who attended these training sessions. They will customize the size of the training there being training for smaller and larger groups. We have been very pleased with this training and what we wanted to do is not lose sight of the training given the things we have going on. We are coming tonight to Council for approval of a resolution that allows the City Manager to enter into this contract to spend up to $75,000 this year on a series- of training classes with Dale Carnegie. We have provided a list of what we have going forward: World Class Service (phase 2 of Attitudes for Service) - 2 rounds. This course will be a 4- week course, 4 hours per week (one day). for up to 30 staff per session. Performance Appraisals - 2 rounds. These sessions will be 3 hours each for up to 20 staff per session. Leadership Communication - 2 rounds. These sessions will be 3 hours for up to 20 staff per session. Pain Free Performance Management - 2 rounds. These sessions will be 4 hours over 2 weeks for up to 20 staff per session. The approximate cost for these classes will be $60,600.00. Staff recommends that Council authorize expenditures of up to $75,000 with JRS Business Solutions during the remainder of the 2014 -15 Fiscal Year for Dale Carnegie employee training classes. Mayor Carpenter recognized Councilmember Thompson who stated that he appreciates that the City wants to better its employees and also appreciates the fact that when we have a local business that we are able to utilize them. Mayor Carpenter recognized Mayor Pro -Tem Edwards who asked what employees are included in this scope. Mr. James stated that we have front line staff, supervisors and others; there is a variety of personnel involved in the different training sessions. The idea 6 -23 -2015 Minutes Page - 5 - is to include as many staff members as possible. Mayor Pro -Tern Edwards asked would everyone have the opportunity to be involved. Mr. James `indicated yes our goal is to have as many people .attend the various training sessions as possible. Mayor Carpenter recognized Councilmember Azzoz who stated that employee areas of concern are always pay and internal communications and he would like to know where we are going with this. Mr. James stated we want fairness; this is not a study, we haven't given folks a lot of training. We want to give employees tools and skill sets that will equal expectations as to what we are doing different. This will hold folks accountable. Mr. James stated that he is happy to have any member of Council also attend one of the sessions and that he will provide information to them going forward. Councilmembers discussed the need to have staff provide a progress report as well as a report of classes conducted and attended. Mr. James stated that he wants to give credit to Tammy Lawrence with the IT Department who will be the one to provide this report and will be the one doing the bulk of the work. Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember Thompson to approve Resolution No. 15 -R -45 with a condition to come back to Council to provide an update at year -end of progress and a report of classes conducted. 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. Ordinance No. 15 -F -17 — Consideration and/or action approving an Ordinance and adopting new regulations regarding the collection and disposition of Solid Waste and Recyclable Material in the City. First Reading (D. Wait/J. Bierschwale /J. Hooks/D. Letbetter) The following was read into record: ORDINANCE NO. 15 -F -17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, REPEALING AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ AND ADOPTING A NEW ORDINANCE WITH UPDATED PROVISIONS REGARDING THE COLLECTION AND DISPOSITION OF SOLID WASTE AND RECYCLABLE MATERIAL IN THE CITY; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE Mayor Carpenter recognized Executive Director Dudley Wait who introduced this item stating he is here this evening presenting as Mr. Hooks had taken ill this evening. Mr. Wait stated we are here to talk about agenda item 6 and that item 7 is directly related to it. He stated that at the end of 2014 staff was contacted by our current Franchisee Bexar Waste, and Mr. Henry Gutierrez and Mr. George Gutierrez are herein the audience this 6 -23 -2015 Minutes Page - 6 - evening. They contacted us to explore the option of doing a couple of things. One was making the franchise for our solid waste services an exclusive franchise and extending that term out to a ten (10) year term at a time. Currently we are in a six (6) year term and are in the second year of that term. Mr. Wait stated that this letter came to us and may have come to Councilmembers as well. Staff started looking into this and took the opportunity to make some substantial changes. Over the last 20 years or so our solid waste ordinance and franchise ordinance have been the same document. This had caused us issues when either one had public health related issues due to not being responsible with solid waste or having a non - franchisee provide solid waste services. Because it was all rolled into one bundle it made it very difficult for the Municipal Judge to determine which section applied to citizens or which section applied to an un- authorized solid waste hauler, and which applied to our franchisee hauler, because we tried to put everything in one document. Staff has worked since early this year to craft agenda item 6 which is a solid waste ordinance. It is a stand -alone item on its own and establishes guidelines, policies and procedures for the City to address public health issues that come up with solid waste as well as to clearly outline our process as to who is and who is not allowed to deal with solid waste within the City limits of Schertz. This ordinance does point back to a Franchise Ordinance which will be our next agenda item but there is one exclusion in this ordinance that would not deal with the Franchise of normal solid waste and that would be for some of our industrial partners who may have a large volume of recyclable material and they may want to go out and get their own recyclable hauler to bring that material to wherever they are going to dispose of it. We do have a caveat in our solid waste ordinance for that one particular item. However, those haulers have to be individually permitted by the City through permit fees with their vehicles and licenses and be checked out much like we would our franchise provider. This opens this up to work with our industrial park that has tremendously large volumes of recyclables. Staff recommends Council approve Ordinance 15 -F -17 establishing a new Solid Waste Ordinance for the City of Schertz on the first reading. The updated Ordinance outlines the requirement of the use of the City's Solid Waste Franchisee. This Franchisee is Bexar Waste and is recommended for approval in its own Franchise Ordinance. Mayor Carpenter recognized Councilmember Thompson who asked what impact it would have on our residents. Mr. Wait indicated there would be no impact on them. Mayor Carpenter recognized Councilmember Fowler who asked if this means they can't use another container outside of Bexar Waste. Mr. Wait indicated that was correct. Mayor Carpenter recognized Mayor Pro -Tem Edwards who asked if we should have a disaster, would there be enough containers. Mr. Bierschwale stated that Bexar Waste could contract out for additional containers should they not have enough; he indicated that this was done during the 1998 floods. Mayor Carpenter recognized Councilmember John who stated there are a lot of manufacturers in Schertz that produce large volumes of cardboard and steel; are we suggesting that they would have to get a separate permit for those companies individually. Mr. Wait answered this will enable those companies who want to use someone other than the Franchisee (maybe they are part of a national chain or they may 6 -23 -2015 Minutes Page - 7 - have a state wide contract and would like to use that contractor) and there is a mechanism for them to dispose of those recyclables exactly the same way and that the non - franchisee recycle hauler would have to come in and go through the permit process and pay-the city fees in order to provide that service. Mr. Wait stated if a company is happy t. with the service being provided by Bexar Waste and wants to continue to use them, they can. Councilmember John stated sometimes they are specific, for instance the steel recycle companies. Bexar Waste doesn't have the ability to recycle steel in a plant but the plants provide the recycle containers to the manufacturer and pick it up whenever they're full and take it to the appropriate recycle plant. Do those haulers need a separate permit now? Mr. Wait indicated yes under this ordinance the total fee would be a permit fee and a $2,500 fee for the vehicle annually. We got this information from talking to some of our neighboring cities on how they set those types of fees. Councilmember John stated that the fee seems high just for recycling something. Mr. Bierschwale stated there is a reason the fees are set at this rate, and it is because those companies are not paying the franchise fee like Bexar Waste is; the franchise fee covers the cost of the road repairs for damage that garbage and recycle trucks cause on our city streets. The $2,500 is a fraction of the cost of what those trucks could cause in road damage. Of course this is up to the Council to approve and we are only charging what our sister cities are charging all the other trucks in the area. Mr. Bierschwale stated that the City of San Antonio charges $2,500 for each truck that goes through their city for that weight charge that they don't collect in a franchise fee. He stated that at this time we know of only a few companies that would take advantage of this and it is totally up to them to decide. Mayor Carpenter recognized Councilmember Azzoz who stated so what we are saying is we are doing this because Bexar Waste cannot or are we saying that should a company have a contract with another recycle company they could utilize them, but that they would have to come in for a permit and pay the fees associated with the permit. Mr. Wait indicated yes and stated that this came up from one of our manufacturers who had large volumes of recycle material and that is why they are addressing it in this ordinance. Councilmember Azzoz asked if Bexar Waste is capable of doing this. Mr. Wait stated that Bexar Waste can handle most situations but some clients can do their own and so they have no control over that. There are those very specialized situations with other recycle items that another hauler could handle but that he is sure that it would have to be profitable for a company to do this. Mr. Wait stated that we put this in the ordinance to show there is another option for companies to use if you don't want to use our franchisee. Mr. Wait stated that he has received this with Bexar Waste and Mr. Bierschwale stated that he did run this ordinance by Henry Gutierrez and this would be a mechanism for those haulers who are now hauling without a franchise. This ordinance states that if you are going to be in Schertz hauling you are going to pay the weight charge for those trucks coming through Schertz. Mayor Carpenter recognized Mr. Henry Gutierrez (owner of Bexar Waste) who stated there is not much that they cannot handle but there are a couple of accounts who are using an outside source or haul their own recyclables. There is not any type of service in the city that Bexar Waste can't serve. Mayor Carpenter recognized Councilmember Thompson who asked for those that haul and use their own trucks for recyclables and have their own contract what is the method of contacting them to let them know if this proposed ordinance passes. Mr. Bierschwale 6 -23 -2015 Minutes Page - 8 - stated we will end up going to those companies either by us or Bexar Waste informing them of the new ordinance that is in effect and they will have 30 days to comply, because we have to give them 30 days after approval of the ordinance. Mayor Carpenter recognized Mayor Pro -Tem Edwards who stated during our economic development phase when we are courting a company to come into the city, is this topic being discussed with the company before they make a decision to come into the City. Mr. Bierschwale stated that this can be discussed with them and usually, is. In a couple of cases after some companies have come into the City they realize that they didn't discuss it and that they don't like what the City of Schertz has to offer. Mayor Pro -Tem Edwards asked if we have been going out policing the City to see if we have those companies taking out these types of loads. Mr. Bierschwale stated that we have issued warnings and usually they adhere to the warning and if not the Marshal's department would go out and issue a citation. As of today we have not issued one in the industrial area but we have issued citations in the past where they do a roll -off. We have also had companies sneak in their roll -offs. We normally catch these types of issues. Either Bexar Waste contacts us or our Marshal's office sees one of the haulers. Mr. Wait stated that this is why the Council has two ordinances before them this evening as we do have those cases and the Municipal Judges have been confused in the past as we only have had the single ordinance. This ordinance will help clarify those issues. Mayor Carpenter recognized Councilmember Azzoz who stated that since Bexar Waste can handle these situations and he agrees with Councilmember John that the fees are extremely high, why don't we leave Bexar Waste as the exclusive franchisee and if any other company appears and says they have their own contact then they have to obey our rules. If a company is hauling materials and Bexar Waste is not able to haul it then they would have to write a sub - contact with them. He believes that with Bexar Waste doing this it will avoid headaches in us chasing people around for compliance. Mr. Wait stated that he can certainly talk to those who are interested in hauling recyclables and that this ordinance isn't going to come back to Council next week. It will come back to Council for final reading in 30 days, because when we come to the next related item it has to be published and out for 30 days before approval because it has to be publicized. We didn't want to bring this ordinance in at week two and pass it and then go through the 30 days of publicity, discover some issues that may make us want to change some language and have to start all over with the ordinance. We can take these 30 days and speak to Bexar Waste and examine it with our Economic Development folks and the folks that are out there and speak to them about using their own hauler and try to see if we can come up with some type of resolution where we can incorporate both pieces. Another reason we wanted to bring this ordinance to Council is that should Bexar Waste no longer be in business in 10 years and be our Franchisee, then again we are back to having to adjust that original ordinance and adjust the Franchise ordinance. Right now we are trying to set these up separately. Mayor Carpenter asked that the Council consider a couple of things. The removing of recyclables has the connotation and suggestion that we have the removal of something that has a residual value, it's a commodity, it's not just waste. This is a different kind business, it's immediately adjacent of waste hauling but it is a little different. The other thing is if we have within the business community folks that are regional or national 6 -23 -2015 Minutes Page - 9 - players who have a contract with a carrier and they've already spent that money, there may be some advantage to allowing them to have their commodities taken away even if it includes an additional fee of $2,500 rather than using our current Franchisee. These situations are relatively few and far between and he would asked Council to consider if t this could have a deleterious effect on those existing businesses, and it could put them at a disadvantage because they already invested into having a relationship with someone else at a regional or national level. This is not a wide spread thing throughout the City but one with an appropriate accommodation for those businesses. The other point is that when we take a little space like staff has indicated in this ordinance that we are further encouraging recycling to some degree. We are saying those of you who have made an investment as a regional or national player, to have your recycling picked up for all your locations throughout the country, we are going to make some type of accommodation for that, because it is not waste hauling it is removal of a commodity. He would hate for us to say in our city you may have that relationship but we don't want you to do that and then have those companies say, well look at the costs of going this way versus that, just take .those recyclables put them in the trash and have us just be done with it. He does not want to discourage recycling either. He believes there is an economic development consideration for the businesses who have made that regional or national investment and thinks there is a consideration whether or not we want to potentially take an action that would discourage recycling by saying there is one way and one way only for a commodity hauler operating in the City of Schertz. He is a big fan of Bexar Waste; he has seen very few companies do this that is a family owned business. He will say again and again that the fact there is there is trash in his neighborhood that they didn't put there and Bexar Waste picks it up; that's amazing service. In this one small area there is a little room for movement. He would encourage the Council to pass this ordinance as well as the next ordinance. Let's get Henry Gutierrez his 10 year contract that he has asked for; i there are some financial implications that are beneficial to his company that he needs this done and over the next 30 days go and talk to some businesses, go and talk to Henry and others and let's make sure that we don't discourage recycling and don't cause any economic development damage. Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Mayor Pro -Tern Edwards to approve Ordinance No. 15 -F -17 on 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. 7. Ordinance No. 15 -F -18 — Consideration and/or action approving an Ordinance Granting Cibolo Waste Incorporated, DBA Bexar Waste Inc., a Franchise for Municipal Solid Waste Collection, Recycling, and Household Hazardous Waste Collection and Disposal Program. First Reading (D. Wait /J. Bierschwale /J. Hooks/D. Letbetter) ORDINANCE NO. 15 -F -18 AN ORDINANCE GRANTING CIBOLO WASTE INCORPORATED, DBA BEXAR WASTE INC., A FRANCHISE FOR MUNICIPAL SOLID WASTE COLLECTION, RECYLING, AND HOUSEHOLD HAZARDOUS WASTE COLLECTION AND DISPOSAL PROGRAM; IMPOSING PROVISIONS AND CONDITIONS RELATING TO THE EXERCISE OF SAME; AND PROVIDING 6 -23 -2015 Minutes Page - 10 - FOR PENALTIES NOT TO EXCEED $2000 FOR VIOLATION THEREOF; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE. Mayor Carpenter recognized Executive Director Dudley Wait who stated this is the second half of the split work staff did creating a free standing franchise ordinance to handle our solid waste here in the City of Schertz; this was done at the request of our current contractor /franchisee. We have crafted this to be an exclusive franchise and have a ten year term. We currently have four years left on our current agreement through 2019. In that, we have a published fee schedule provided by Bexar Waste who gave the two year extension. Staff recommends we maintain that fee schedule for the first four years of the ten year Franchise Agreement. Then we can come back after that time and renegotiate those rates for the remaining six years. It allows protection for both Bexar Waste and the City. It allows both to get out of the contract if circumstances warrant it. Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Councilmember John to approve Ordinance No. 15 -F -18 on 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. 8. Ordinance No. 15 -T -19 — Consideration and/or action approving an Ordinance authorizing a Budget Adjustment to Tree Mitigation Fund 319 to procure Landscape Installation and Maintenance Services for the Schertz Soccer Complex located at 2600 Maske Road. First Reading (B. James /C. VanZandt) The following was read into record: ORDINANCE NO. 15 -T -19 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO THE TREE MITIGATION FUND 319 TO PROCURE LANDSCAPE INSTALLATION AND MAINTENANCE SERVICES FOR THE SCHERTZ SOCCER COMPLEX LOCATED AT 2600 MASKE ROAD; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. Mayor Carpenter recognized Executive Director Brian James who stated this ordinance is to amend the budget to move money from our tree mitigation fund to do the tree planting and irrigation and associated maintenance for the soccer field project. In two weeks we will bring for the second reading of the ordinance and the contract for the actual installation of the trees. We often take the eligible cost out of tree mitigation because we have a large pot of money there that we can use. Mayor Carpenter recognized Councilmember Fowler who stated he knew of an area called Live Oak Hills. This area is full of trees; could we replant any of these trees? Mr. James said we don't have the expertise to move trees and replant them. On that property, a developer would be subject to the tree ordinance and he may choose to pick some trees 6 -23 -2015 Minutes Page - 11 - up and move them to where they need them. The challenge is that some of those trees are so close together that there is a problem getting them out. However, that property owner has moved trees, in the past and he would probably take a look at that option again. t Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Mayor Pro -Tern Edwards to approve Ordinance No. 15 -T -19 on 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. 9. Resolution No. 15 -R -50 — Consideration and/or action approving a Resolution accepting the nomination from Gilbert Brown, Commander of the Combat Wounded Veterans of Texas, Military Order of the Purple Heart Department of Texas, designating the City of Schertz as a "Purple Heart City." (Mayor /Council) The following was read into record: RESOLUTION NO. 15 -R -50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ACCEPTING THE NOMINATION FROM GILBERT BROWN, COMMANDER OF THE COMBAT WOUNDED VETERANS OF TEXAS, MILITARY ORDER OF THE PURPLE HEART DEPARTMENT OF TEXAS, DESIGNATING THE CITY OF SCHERTZ AS A "PURPLE HEART CITY." Mayor Carpenter stated the City of Schertz received a letter from Gilbert Brown, Commander of the Combat Wounded Veterans of Texas, Military Order of the Purple Heart Department of Texas, stating that a member of Alamo Chapter 1836, Narcisco Pulido, approached the Chapter Commander, Lorenzo Rodriguez, about approving a declaration declaring the City of Schertz as a "Purple Heart City." This letter invited the City of Schertz to issue such a proclamation, in which the proclamation will be read and presented at the July 4, 2015, Schertz Jubilee Ceremonies and accepts the honor of being a "Purple Heart City ". Mayor Carpenter recommended Council approve Resolution No. 15 -R -50 accepting the nomination of becoming a "Purple Heart City." Mayor Carpenter recognized Councilmember Fowler who moved, seconded by Mayor Pro-Tern Edwards to approve Resolution No. 15 -R -50. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. 10. Resolution No. 15 -R -51 — Discussion and consideration and/or action approving a Resolution adopting Philosophy and Policy Statements. (Mayor /Council) The following was read into record: 6 -23 -2015 Minutes Page - 12 - RESOLUTION NO. 15 -R -51 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ADOPTING PHILOSOPHY AND POLICY STATEMENTS AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter stated during the June 19, 2015 City Council Mid Budget Retreat, discussions were held with staff regarding adoption of philosophy and policy statements as it relates to the classification and compensation study which was one of the budget priorities based on the March 6, 2015 Pre - Budget Retreat. At this meeting Council and staff agreed to bring forward a resolution acknowledging support and provide transparency. Discussion followed amongst several councilmembers and the mayor in regard to a statement contained in Section III, "The implementation of goals will be to provide a balance between compensation and strategic staffing levels." Councilmember Fowler was not comfortable with the wording and whether or not it was clear enough. Mayor Carpenter explained this sentence allows management to make decisions on maintaining the staffing level at an appropriate number to handle the existing workload versus simply providing more pay to an existing but understaffed department or group. Mayor Carpenter asked Fire Chief Covington to come forward to assist in the discussion since he was an original member of the staff committee who put this philosophy statement together. Chief Covington stated we always need more staff but it is also the goal to make sure we follow through with our commitment to the compensation study. Essentially, it is a balancing act between the two; you can't just focus on one. You have to lay out a strategy because of limited resources. Mayor Carpenter recognized Councilmember Azzoz who stated he did not believe this resolution is binding. We should wait until we get the results from Evergreen Solutions on the Classification and Compensation Study. City Attorney Charles Zech explained the procedures /actions that will make a resolution binding. Mr. Azzoz stated he just cannot support this resolution. Mayor Carpenter recognized Councilmember Thompson who said he believes this is an important first step which gives us the philosophical foundation on which to proceed so we are not caught up with personalities or numbers. Together, as a city, staff, and council, we agree to move forward and strengthen our ability not to get into individual driven arguments later. Mayor Carpenter recognized Councilmember Fowler who stated he thinks this is a way of how we are going to do business, treat our employees fairly, be transparent and do the best we can. If we forfeit on this then we have a real problem with our employees. He prefers we take a vote on this now. Mayor Carpenter recommended council endorse what the employees of the city have created thus showing them council's support. 6 -23 -2015 Minutes Page - 13 - Mayor Carpenter recognized Councilmember Fowler who moved, seconded by Mayor Pro -Tem Edwards to approve Resolution No. 15 -R -51. The vote was 4 -1 with Mayor Pro -Tem Edwards, Councilmembers Fowler, John and Thompson voting for and Councilmember Azzoz voting no. Motion passed. Roll Call Vote Confirmation Deputy City Secretary Donna Schmoekel provided the roll call vote information for agenda items 1 through 10. Before moving on to the next agenda item, Mayor Carpenter asked Deputy City Manager John Bierschwale if he wanted to say a few words in view of the fact that this was his last city council meeting prior to his last day of work next Tuesday, June 30. He then asked the council and audience to join him in rising in honor of Mr. Bierschwale as he approached the podium. Mr. Bierschwale stated that it has been an honor. Ten months ago, in front of Council, he announced his intent to retire — and now that moment has come up. This is his last council meeting and he thanked everyone; it has been a pleasure. He cannot say enough about the citizens of Schertz and he really also cannot say enough about the employees of the city who give their heart out for this community. They work hard each day for the citizens and they truly put their heart in their jobs. He hopes and prays that everyone will always take pride in this community as much as he does. "God Bless You! I Love this City! Thank you so much for allowing me to work here and it has been a pleasure and a great honor. Thank You." Requests and Announcements 11. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives No further announcements were provided. 12. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Mayor Carpenter recognized Councilmember Azzoz who stated that in response to a couple of citizens concerns he would like us to revisit the subject of allowing hand held devices up on the dais. Subsequently, Mayor Carpenter asked the City Secretary's Office to add to the next agenda an item to review the Council Code of Ethics and Rules of Procedure. 13. 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 6 -23 -2015 Minutes Page - 14 - • Recognition of actions by community volunteers • Upcoming City Council agenda items Mayor Carpenter recognized Mayor Pro -Tem Edwards who stated he enjoyed the budget workshop meeting retreat held last week Friday, June 19. He thanked the staff and all the employees who were part of the philosophy and policy statements that were made. He commended them for their quality work and leadership — good job. Mayor Carpenter stated he had a note reminding him to ask Mr. Henry Gutierrez, owner of Bexar Waste, to come forward if he had something he wanted to say. Mr. Gutierrez just wanted to clarify that in regard to outside haulers of trash there is probably only two or three. He fmds that Bexar Waste is already servicing a good number of national accounts and those businesses understand there is a franchise in place in Schertz and they usually fmd out that the city's services are less expensive than their national account rates and ultimately they go with the city services. He thanked council for their confidence in Bexar Waste and the city staff's hard work on Items 7 and 8 of tonight's agenda regarding the new proposed franchise agreement. Mayor Carpenter recognized Councilmember Thompson who stated he also thought the retreat meeting on Friday was well put together and reflected a lot of quality work and that the city management team coming all together reflected well on our city. Mayor Carpenter stated he is hesitant as it has only been ten years for him serving the City in comparison to Mr. Bierschwale' s tenure of 37 years and it is hard to grab the gavel and know that Mr. Bierschwale' s seat is not going to be taken next time. On behalf of the residents of this City, and on behalf of the City Staff, all of the former Councils and Mayors and former residents and in particular the Mayor's family and himself, "God Bless You and Thank You for your service to the City of Schertz." ATTEST: Donna Schmoekel, Deputy City Secretary 6 -23 -2015 Minutes Page - 15 -