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11-17-2015 MinutesMINUTES REGULAR MEETING November 17, 2015 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on November 17, 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 Grumpy Azzoz Councilmember Cedric Edwards Staff Present: Executive Director Brian James Executive Director Bob Cantu City Secretary Brenda Dennis Call to Order — City Council Regular Session Mayor Pro -Tern Fowler Councilmember Daryl John Councilmember Robin Thompson City Manager John Kessel Executive Director Dudley Wait City Attorney Charles Zech Mayor Carpenter called the meeting to order at 6:01 p.m. Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. ( Councilmember Thompson) Councilmember Thompson provided the opening prayer 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 (B. James/D. Wait/B. Cantu) Mayor Carpenter recognized Executive Director Brian James who provided the following announcements: • Wednesday, November 18, Crossvine Gives Back + Community Lending Libraries, Schertz Library - Crossvine will be donating books through the City's Library, start time is 11:30 a.m. • Wednesday, November 18, Viewing for Ms. Lula Mae Schertz, 5:00 -9:00 p.m., Schertz Funeral Home. • Thursday, November 19, Burial for Ms. Lula Mae Schertz is graveside at Sunset Cemetery at 11:00 a.m., 1701 Austin Hwy, San Antonio. • Thursday, November 19, Texas Tri- County Chamber of Commerce's Elected Official Reception, 6:00 p.m. — 10:00 p.m., Blue Bonnet Palace, 17630 Lookout Road, Selma, RSVP to txtricountychamber @gmail.com. • Thursday, November 26, 2015, Schertz Turkey Trot, 5K run/walk, begins at Bluebonnet Palace parking lot, 6:45 a.m. registration, 8:00 a.m. 5K- Run/Walk • Thursday & Friday, November 26 & 27, Thanksgiving Holidays, City Offices are closed. 11 -17 -2015 Minutes Page - 1 - Tuesday, December 1, Ribbon Cutting for Advanced Allergy, Asthma, & Immunology Center, 500 Schertz Pkwy -Ste. 401, 5 -6 p.m. Tuesday, December 1, Monthly Chamber Luncheon, Schertz Civic Center, 11:30 a.m. - 1:00 p.m SAVE THE DATE: Friday, December 4, City Council Team Building Retreat, 8:00 a.m. -4:00 p.m. GVEC Operations Center, 6400 IH 10 West. Please respond your attendance to the City Secretary's Office. Thursday, December 10, Schertz - Cibolo - Universal City ISD, Combined Community Advisory Meeting, 6 -8 p.m., Meeting will be held in the SCUCISD Board Room. Please RSVP your attendance by e- mailing Priscilla Martinez at pmartinez(2scuc.txed.net no later than December 1St • Announcements and recognitions by City. Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who stated that he wanted to share some information with Council regarding work that is going on behind the scenes. Mr. Kessel recognized new employee Ben Juarez with the Finance Department who prepares the reconciliation of the City's bank statements each month. Mr. Kessel stated that this is about 3,000 checks a month, and about $5 million dollars' worth of items that he has to keep straight. Mr. Kessel stated that this is a very important task and Ben has done an excellent job and he wanted to throw out praise to him. Mr. Kessel also stated that EMS Director Jason Mabbit and his team recently secured a Medicare/Medicaid reimbursement program that will bring about $300,000 a year coming back to the City of Schertz from the federal government. Being a fmancially sound community, all these different things come into play and allows us to be good stewards with the taxpayer's dollars and maintain that public trust. Presentation • Presentation of the 2015 American Planning Association — Texas Chapter Planning Commissioner Award. (B. James/L. Wood) Mayor Carpenter recognized Senior Planner Lesa Wood who invited Mr. David Richmond to come forward. She stated she has worked with him over the last nine years and he has been an inspiration to all of them. On October 9, they attended the state American Planning Association Conference (Texas Chapter). At the conference, Mr. Richmond was awarded the 2015 Planning Commissioner of the Year Award. Mayor Carpenter stepped down from the dais and asked how long Mr. Richmond had been serving on the Planning and Zoning Commission. The answer was 23 years on the board, 16 of those years serving as chairman. Mayor Carpenter stated that an extraordinary amount of development has gone on during this time. Mr. Richmond has probably had more influence on the way the city has developed and been laid out than the rest of us. All of us on council today 11 -17 -2015 Minutes Page - 2 - and even before us have had Mr. Richmond available to them. Mayor Carpenter thanked Mr. Richmond for serving and devoting so much time to the city; this honor is well deserved. Mr. Richmond thanked Mayor Carpenter for his kind words and said that his nomination for the award was not known to him from the onset. Due to previously set out -of -state vacation arrangements, he was unable to attend this year's Texas Conference in Galveston where the award was first announced. He appreciates council's recognition of his willingness to serve on Planning and Zoning (P &Z). When he moved into the city in 1990, he was looking for a way to give back to the city and help with the growth patterns. The feel for change in the city has continued and the challenge with Planning and Zoning is to always work with developers, and local businesses while holding on to the city's vision for its future. He thanked Mayor Carpenter, Council, the City Attorney, City Manager, Planning Staff and his fellow Commissioners. Most of P & Z's decisions /recommendations are unanimous once they go to council and although they have occasional differences, they work well together and things move forward for the city. He also thanked anyone else who was on the nominating team along with Lesa Wood. He also thanked his wife Susan who supported him over all the volunteer hours he gave through the years. In closing, he stated he appreciates everyone's support and looks forward to continue serving the city. Hearinsz of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, andlor a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Mayor Carpenter recognized the following who spoke: • Mr. Glen Outlaw, 3729 Forsyth Park, who spoke on Agenda Item 6. He was surprised in reading through the proposed ordinance that there was no mental culpability requirement in order to violate this ordinance. Typically, most laws he is familiar with require some type of mental culpability — intentional, knowingly, reckless. Unfortunately, he sees these are the words out of the Charter amendment which also omitted any mental culpability. He urges the council to amend their ordinance and he would hate to see that an unintentional accidental violation of the charter could result in not only a $500.00 criminal misdemeanor but also a $500.00 civil penalty. An inadvertent slip by one of the members of Council could be very costly. He urges that this be made intentional if you can do that, given the wording in the charter. 11 -17 -2015 Minutes Page - 3 - • Mr. Michael Dahle, 9120 E. FM 1518, who congratulated Councilmembers John, Edwards, and Thompson on their recent election success as well as their willingness to serve and make a difference for the city. He also thanked the Bond Committee members and the Charter Review Committee members who helped with some of the ballot initiatives that were passed on this last ballot. He provided some statistics and comments in observation of some of the ballot propositions. During the election, the most significant comment he heard from citizens was concern about dealing with our infrastructure needs and our local streets. • Ms. Linda Jarrell, 4909 Crestwood Drive, who spoke about the Northcliffe Subdivision roads and sidewalks. They were promised some new roads and sidewalks a long time ago. They have gotten some street lights and done some water repair but they still have a lot of breakage. The roads are still messed up. She has been a resident there since 1989 and it used to be very nice. It has gotten older and all the other subdivisions around it use the Northcliffe roads because Northcliffe has the best access to FM 1103 and IH -35. There is a lot of traffic out there and you have to wait (5 lights) to get to the other side of the road. In summary, she wants Northcliffe to be the way it used to be or at least a version of it. • Mr. Bill Edmonds, 4909 Crestwood Drive, who spoke on behalf of the Northcliffe HOA. He is their vice - president. Each month they are busy submitting code enforcement violations to the Marshal's Office. Violations are numerous and are in regard to high grass, junk in their yards, and green mold on outside of one house. With the exception of the house with mold, they have seen improvements with the other complaints. However, their streets are very narrow and does not leave enough room when cars are parked on both sides of the road. They also experience problems with residents parking their cars four- deep in their driveways and blocking sidewalks as well as cars parking on the wrong side of the road. When he met with city officials, he was told the city did not have enough police officers to address this. With no enforcement, there will be no improvement. • Ms. Maggie Titterington, Schertz Chamber President, who stated the Chamber Awards Banquet was held last Friday evening. The small business of the year was Mattenga's Pizzeria and the corporate business of the year was Chick Filet. This Thursday is their last Mixer of the year, which is at TSO located at IH- 35(near HEB), from 5:30 -7:00 p.m. On December 10, Best Western will have an open- house. The time is to be determined at a later date. Lastly, the SMAC Committee is doing another workshop for the veterans for transitioning military retired veterans and their spouses. It is all free. • Mr. Ken Greenwald, 205 Westchester Drive, who stated he started to come up and complain about street lights but the lights from Hwy 78 coming down Schertz Parkway to Elbel Road have been on for a month. The street lights from IH -35 most of the way down . Schertz Parkway come off and on, although some are burned out too. Another one needs to be replaced that is just gone. Driving on Marilyn and other side streets in the older part of Schertz, there is also a number of lights out. There is no reason for there to be so many street lights out. • Mr. Richard Elder, 4317 Willow Oak, who stated he pulled the agenda off the city website and noticed Item 6, Ordinance 15 -M -41 and he was curious as to what it said and he went to the homepage to do a search and nothing came up. On the Ordinance page, again, 11 -17 -2015 Minutes Page - 4 - nothing came up. It is probably somewhere but to obtain it is a task for someone who is new to the city. He suggested the city council have an agenda item to pass a resolution requiring the agenda to have `hotlinks'. He thinks this would be an improvement to the agenda online. • Col. Drichta and Col. Baldwin, Randolph Air Force Base, who stated they were present and available for any questions and discussion of Item 9. Mayor Carpenter moved to Agenda Item 9. 9. Resolution No. 15 -R -96 — Consideration and/or action approving a Resolution approving and adopting the Joint Land Use Study. (B. James) The following was read into record: RESOLUTION NO. 15 -R -96 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ADOPTING THE RANDOLPH JOINT LAND USE STUDY (JLUS); AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Executive Director Brian James who stated the Randolph Joint Land Use Study (JLUS) is a cooperative land use planning effort conducted as a joint venture between Joint Base San Antonio Randolph and the surrounding cities and counties, state and federal agencies and other affected stakeholders. The study was funded through a grant from the Department of Defense Office of Economic Adjustment and contributions by the local sponsor, Bexar County who managed the process. The Randolph JLUS was developed.by an Executive Committee that included Councilman Fowler and an Advisory Committee that included Bob Cantu. One goal of the study is to improve compatibility between the base and surrounding communities so that all entities can co- exist. One outcome of the JLUS is a series of strategies to improve compatibility through a variety of means including land use controls, improved communication, coordination of services, etc. Improving compatibility with Randolph provides multiple benefits to our residents and businesses, increased safety, better use of limited resources, and a higher quality of life. Staff recommends approval of Resolution 15 -R -96 adopting the Randolph JLUS. By adopting the Randolph JLUS, staff can begin working to evaluate and implement the various strategies within the JLUS. Some can be implemented directly by Staff, such as installing noise awareness signs in the rights -of -way of various roads. Others will require a public input process, Board and Commission consideration and Council action such as adopting new lighting regulations or altering land uses. Mayor Carpenter recognized Col. Drichta who thanked Mr. Richmond for helping shape this community over all these years so it could be a community that he returned to; he is grateful for the home you give our airmen and the mission sustained for our country. He thanked the Mayor for his leadership in testifying before the Texas State Senate and House of Representatives on advocacy on their behalf and led the Northeast Partnership in the adoption 11 -17 -2015 Minutes Page - 5 - of the Joint Land Use Study. They are excited to be partners and to find those areas of growth that are mutually beneficial to the City and Randolph AFB. Randolph has been here 85 years and intends to continue. Mayor Carpenter made a comment that this has been a long time coming. Former Mayor Hal Baldwin and Johnny Bierschwale shared two things with him when he was first elected. The first thing was where to show up for a council meeting and the second was the crash zone. They said this was something he should understand if he was going to serve here in the City of Schertz. It has been the focus of this council and previous councils from the time of incorporation. He is thrilled this council has approved this resolution on the Joint Land Use Study and is continuing our partnership with the United States Air Force. Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Councilmember Edwards to approve Resolution 15 -R -96. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson voting for and no one voting no. Motion passed. Executive Director Brian James advised Council that because of the number of strategies involved in this situation, staff will be providing them written material on the different items via quarterly updates to keep Council informed on what they are working on. 8. Resolution No. 15 -R -92 — Consideration and/or action approving a Resolution authorizing an Interlocal Cooperation Act agreement between the City of Schertz and the Lone Star Rail District (LSRD). (B. James) The following was read into record: RESOLUTION NO. 15 -R -92 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE INTERLOCAL COOPERATION ACT AGREEMENT BETWEEN THE CITY OF SCHERTZ AND THE LONE STAR RAIL DISTRICT (LSRD); AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Executive Director Brian James who stated the Lone Star Rail District (LSRD), initially established as the Austin -San Antonio Commuter Rail District was established to create a mass transportation system between Austin and San Antonio. The City of Schertz has been a member of the organization for many years. As part of the City's membership the City is guaranteed a future rail stop within its City limits, provided it enters into the Interlocal Cooperation Act Agreement and regional passenger rail service is established. The Interlocal Cooperation Act Agreement (the "Agreement ") establishes a transportation infrastructure zone that will be used to finance the LSRD and identifies in -kind contributions that will be made by the City to the LSRD. It also establishes the minimum requirements for the City to provide road access, drainage facilities, water, and sewer infrastructure to the station site. The Agreement provides a timeline and benchmarks whereby the LSRD will bring the project to fruition. The Agreement reestablishes a membership fee of $49,500.00 which will be paid annually. 11 -17 -2015 Minutes Page - 6 - The term of the Agreement is 36 years and can be extended for an additional 20 years. Per the Agreement, the City agrees to establish a tax increment fund in the area shown on the attachment to the Agreement. The City will hold the funds until LSRD has met the measures of viability outlined in the Agreement at which point LSRD may request reimbursement from the fund for developing and constructing the rail system. The amount collected by the Tax Increment Zone is equal to 60% of the increment and an amount equal to 60% of the estimated sales tax revenue growth. If the 60% of estimated sales tax growth exceeds 100% of the ad valorem growth, the City's contribution is capped at 100% of the ad valorem amount. The Lone Star Rail District is seeking approval of the interlocal agreement that provides for the funding of operations of the rail service. Lone Star Rail is seeking approval of funding agreements from all of the member cities. Approval of the agreement is the next step in establishing regional rail service with a station in Schertz. Providing regional rail service with a station in Schertz will allow residents and employees in Schertz to access Lone Star Rail service to travel easily between San Antonio and Georgetown. It should be noted that one concern expressed during meetings with the Planning and Zoning Commission and Economic Development Corporation is that in order to accommodate passenger rail service, much of the existing freight traffic on that line would be shifted to a bypass line that includes the existing UP line that runs parallel to FM 78. This will substantially increase rail traffic on that line and exacerbate traffic issues associated with the existing line at grade crossings. This is a significant concern, and one that will exist as freight traffic increases regardless of Lone Star Rail and will increase if Lone Star Rail service comes about whether the City of Schertz is a member or not. As such, Staff feels the City has more influence in working to address this problem as a member of the Lone Star Rail District. Annual membership fees of $49,500.00 have been paid by the SEDC. The agreement also requires the City to provide road access and utilities to the yet to be identified station location. The City will also be responsible for custodial services, maintenance of the station, platform and grounds as well as expenses related to utilities and security. The City will also waive all permitting fees associated with the facility. Finally, the City will be committing up to 100% of the Tax Increment in the zone to the Lone Star Rail District. Staff recommends approval. Mayor Carpenter recognized Councilmember Thompson who asked how many cities were already on board. In response, Rail Director Joe Black from the Lone Star Rail District stated to date they have Austin, San Marcos, New Braunfels, and the Austin Community College District under contract to provide the same type of funding that they are asking Schertz to consider this evening. They are also working very hard in San Antonio with the city, county, and VIA Transit System to work on some joint funding agreements. They have five (5) on board and five (5) to go and they expect to be before Buda and Georgetown councils before the end of the year with a similar request. Next year they will start on the counties. Mayor Carpenter recognized Councilmember Azzoz who asked what track would the rail be on and where would there be a rail stop. In answer Mr. Black stated it could be either line, but the city staff and our staff and consultants have recommended that it be on Main line #2, the line closest to IH -35, because it gels much more effectively with the City's north sector plan 11 -17 -2015 Minutes Page - 7 - and the plans for that town center. In regard to where the rail stop will be, he stated that they can't say definitively until they get a record of the decision on their environmental process but he has an idea that it will be located roughly 1/4 mile north of 3009 on main line #2. Councilmember Azzoz asked would the light rail have any use for the FM 78 track. In answer, not for passenger use, we are not sure how we are going to handle the line on FM 78 yet, but it is fully their intention to grade separate to actually make it safer than it is today. You don't fix a problem by pushing it someplace else. Councilmember Azzoz also stated that TxDOT is pushing for a toll road coming through and he is hoping this goes by the way side as he doesn't believe it is a good idea because it will make FM 3009 — IH -35 the biggest clustered mess. Light rail is the solution. Mayor Carpenter recognized Councilmember Edwards who stated when he was with the Randolph Chamber of Commerce they were talking about this and had been for quite some time. He stated that he is all for it and wants it to come to fruition and he would like for them to double up on the effort. He thanked everyone for the work and allowing us to be at the table on this project. Councilmember Azzoz asked how long it will be before the project is completed. Mr. Black stated that they have a three year environmental process and they are in the first year of that and hope to have approval sometime in the 2017 -2018 timeframe which at that point we can, assuming we can assemble the funds and move into the final design of construction; and that could take somewhere between 3 and 4 years. Mayor Carpenter recognized Mayor Pro -Tem Fowler who commented that his frustration is not knowing where the rail stop will be because in his mind we are looking at where the industrial area will be as well as a large residential area that could build up around that. To make this happen to develop the north side of Schertz, most definitely the impact Lone Star Rail will have on the city is enormous and we need to move forward with the project. Mr. Black again stated that the proposed rail stop mentioned earlier is where it should go according to the planning that has been going on for several years. Mayor Pro -Tem Fowler expressed his support that this project needs to go forward. Mayor Carpenter stated that he use to vote against this every year as a Councilmember. He use to advocate against it rather strongly and over the last three years he has tempered his opinion because the method of funding has changed over time. The original location was on the tracks closest to Garden Ridge, and Garden Ridge was part of the name "Garden Ridge /Schertz Stop" and Schertz was going to pay everything and Garden Ridge was not going to have to pay anything. He also stated earlier there was going to be $750,000 to a million dollars a year that we were going to have to come up with out of our general fund; not funded in a way that is based upon potential development. He has tempered his objection over time but he does want to be a little bit of a realist with Council. Understand that this is an inflection point and opportunity for us. Research on whether or not there is a positive effect for economic development and land valuation, it depends upon what you are reading and what you look at. In the aggregate if he was to do a quick and dirty med analysis, which means it's not a med analysis at all, it probably has a 3 or 4 percent effect over a period of multiple years to the positive. As we go through this, we as the City of Schertz, probably more than the others along this corridor, because of our willingness to do things sometimes in an unorthodox or unusual way do have an opportunity to make this into something special. Understand this is going to be a very long haul; it's going to require a lot of investment from the City. It is going 11 -17 -2015 Minutes Page - 8 - to require a great deal of public - private partnership. If this is built, the only thing that automatically comes with it is a parking lot. The rest of it we have to work toward and we have to make it happen. Ridership will not change the situation on IH -35 at all, unless we work with the other cities on the corridor to make this more attractive than just a simple commuter rail line. As a simple commuter rail line without anything special and stops along the way will do zero. This is a true long term expensive partnership that can be done and be done well, but please do not believe that simply by building magically things will happen on the north side of Schertz. We need to be careful as we proceed as Council, that we start putting aside monies. If we are very serious about this we need to be finding ways of putting aside monies in our reserve fund to enable future Councils to be able to make the investments necessary along with our Economic Development Corporation to make this thing work. This is going to be hard work. That said it can be an inflection point in the history of our City if we do it, if we do it well, and if we do it correctly. Mayor Carpenter appreciates the sentiments of the Council's willingness to go forward, the excitement, keep in mind it is going to be a hard road and an expensive one; but if anyone can do it, Schertz can. Mayor Carpenter recognized Executive Director Brian James who stated that the next step is for staff to go through the effort of creating the TIZ in the area defined. Again, as you mentioned, based on the way the agreement is structured, those funds don't go over to Lone Star Rail until they hit certain benchmarks. We are also working with VIA to make sure we are doing some coordination, which they are giving a presentation to Planning & Zoning, the Traffic Safety Advisory Commission and the Economic Development Corporation so we understand how VIA may also fit into this. Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Councilmember John to approve Resolution 15 -R -92. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson voting for and no one voting no. Motion passed. 3. Consideration of bids relating to the Sale of Obligations designated as "City of Schertz, Texas General Obligation Refunding Bonds, Series 2015 "; Consideration and approval of Financial Advisor's recommendation concerning this matter; and other matters in connection therewith. (J. Kessel/J. Santoya/1V1. McLiney /A. Friedman) Mayor Carpenter recognized Mark McLiney with SAMCO Capital Markets who also recognized his partner Andrew Friedman along with a new associate Tom St. John. He stated tab 3 on the brochure that was just handed to Council is the city's bond rating. Schertz is AA +. Three weeks ago when they sold the tax notes the banks looked at the city's books, did not rely on rating agencies and bid on the bonds and hold them in their own account. They are short term notes. This is a public offering so they have to go out and get an independent third party review of the ratings. The different points of review are: 1) strong economy (in our area); 2) very strong management (current and historically); 3) strong budgetary performance; 4) very strong budgetary flexibility (setting aside reserves); 5) very strong liquidity (cash and access to bond markets); 6) weak debt and potential liability; and 7) strong institutional frame work (comparing to other municipalities). Mayor Carpenter recognized Financial Advisor Andrew Friedman who talked about Tab 1 and Tab 2. He stated they had seven firms bid on the refunding bonds they put out for competitive sale bidding today on Wall Street —which is a very strong showing. The winning 11 -17 -2015 Minutes Page - 9 - bid was from the Bank of Oklahoma Security Corporation who bid 2.6 %. Also, we are refunding the general obligation bonds Series 2006 whose coupons range from 4.125% to 4.625 %. They are replacing them with an average coupon of 2.59 %. They were previously contemplating a savings of $364,000, but tonight they are here to lock in savings of $426,000. Tab 2 has all the final numbers and he opened it up for questions to council. Mayor Carpenter recognized Councilmember Edwards who stated a lot of this has to do with staff who we have pushed our vision on and said help us be more consistent with our budgetary process. This is a great item for us to give kudos to Finance and all the Department Heads that have stepped up and made those cost cutting measures. He wanted to tell them all thank you. Mayor Carpenter agreed saying with the refunding work we have done during this time of lower interest rates, we have probably saved the taxpayers a little over $4 million in interest payments we would otherwise have had to make; great work by the staff and Mr. McLiney and his team to get us to this position. Mayor Carpenter recognized Mayor Pro -Tem Fowler who moved, seconded by Councilmember Edwards that the City Council accepts the Financial Advisor recommendation concerning the acceptance of bids relating to the sale of obligations designated as City of Schertz, Texas General Obligation Refunding Bonds Series 2015. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson voting for and no one voting no. Motion passed. 4. Ordinance No. 15 -B -37 - Consideration and approval of an Ordinance by the City Council of the City of Schertz, Texas authorizing the issuance of "City of Schertz, Texas General Obligation Refunding Bonds, Series 2015 ", levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the bonds, including the approval and distribution of an official statement pertaining thereto; authorizing the execution of a Paying Agent/Registrar Agreement, an official bid form, and an escrow deposit letter; complying with the letter of representations on file with the Depository Trust Company; and providing an effective date. First and Final (J. Kessel/J. Santoya/M. McLiney /A. Freidman) The following was read into record: ORDINANCE NO. 15 -B -37 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ISSUANCE OF "CITY OF SCHERTZ, TEXAS GENERAL OBLIGATION REFUNDING BONDS, SERIES 2015", LEVYING AN ANNUAL AD VALOREM TAX, WITHIN THE LIMITATIONS PRESCRIBED BY LAW, FOR THE PAYMENT OF THE BONDS; PRESCRIBING THE FORM, TERMS, CONDITIONS, AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, AND DELIVERY OF THE BONDS, INCLUDING THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO; AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT, AN OFFICIAL BID FORM, { AND AN ESCROW DEPOSIT LETTER; COMPLYING WITH THE LETTER OF 11 -17 -2015 Minutes Page - 10 - REPRESENTATIONS ON FILE WITH THE DEPOSITORY TRUST COMPANY; AND PROVIDING AN EFFECTIVE DATE Mayor Carpenter recognized Mayor Pro -Tem Fowler who moved, seconded by Councilmember Thompson that the City Council adopt an ordinance authorizing the issuance of City of Schertz, Texas General Obligation Refunding Bonds Series 2015. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson voting for and no one voting no. Motion passed. Workshops • Discussion regarding unimproved Park property generally at the Southwest Corner of FM 3009 and Wiederstein Road. (B. James /C. Van Zandt) Mayor Carpenter recognized Executive Director Brian James who stated this is an unimproved piece of park property owned by the City and maintained by our Parks Department Staff. It is a bit of an odd left over piece. There are other city parks in the area. This piece (.6 acres triangular) is something we picked up when we dedicated the park area. It is too small for us to do anything with. The problem it creates is it does not have frontage on Wiederstein Road; it is also a fairly deep piece of property. Since it is a park property we have to find a public benefit for it. We can't sell the `park land' without going out to do so in an election. The purpose here is to update Council and let you know what we are doing. Each Councilmember stated they were on board and willing to let staff go forward with talking about the possibilities available for usage with the property owners nearby. • Discussion regarding the Schertz Chamber of Commerce Funding. (Item requested by Mayor Carpenter and Councilmember Azzoz) Mayor Carpenter recognized Councilmember Thompson who stated he would be recusing himself regarding this item. Councilmember Thompson left the dais. Mayor Carpenter recognized Councilmember Azzoz who stated years ago he was told by the former Mayor Hal Baldwin we were going to support the local Schertz Chamber of Commerce and give them some seed money to get them off the ground until -they get more members and develop into a well - established organization. Looking at our chamber now, it should be funded by the membership fees. His question is why are we (the City) continuing to fund the Chamber when we have so many other needs, especially if the Chamber is on their feet now. We have to be careful how we spend the taxpayer's dollars. We have future interests such as the light rail, library, street lights and more. When do we draw the line? And what is the taxpayer's dollar return? Mayor Carpenter recognized Mayor Pro -Tem Fowler who said the revenue we get from the local businesses in the membership more than pays for our contributions to the Chamber. Councilmember Azzoz said while that may be true, the chamber is a non - profit organization and should be self - funded, not taxpayer funded. The City is a member of the Chamber of Commerce. It is not fair to spend the tax dollars to fund them differently than the membership. We are already giving them the building with the property. The point is it was started with `seed money'. 11 -17 -2015 Minutes Page - 11 - Mayor Carpenter recognized Councilmember Edwards who asked why would we not as a City want to invest in our businesses, having a liaison between the city and the business community. In his prior experience running the Randolph Chamber, the members always bent over backwards for the Chamber in getting it whatever the Chamber needed. He thinks it is an obligation that we should have some kind of input into our Schertz Chamber over long term. Mayor Carpenter stated it is true we passed seed money along to the chamber to get it started. However, over time, we decided to change the nature of our relationship with them. The agreement we signed back in December (2014) articulates that well with required specific performance activities. We changed from simply being a funding organization to treating them more like a contractor, who would perform work on our behalf. In other words, would it make better sense to hire the chamber to perform certain work rather than have city staff do it? Mayor Carpenter asked Senior Finance Analyst James Walters to come forward and provide some explanations regarding the city funds that are provided to the chamber. He stated that the City is a member of the Schertz Chamber of Commerce at the CEO level, paying about $7,500, which is the same amount any other CEO level member would pay. The second item we pay for is the operation of the visitor's center, which is actually like a Schertz operation that we are contracting out to the Chamber of Commerce. This includes some minor office supplies and minor reimbursement of one employee's salary who sits at a desk and answers the phone and greets walk -in traffic. Probably the largest portion of what the city pays is for the Chamber to produce the Business Directory and Visitor Guide ($19,000, for design, print and issue) and area map. The Chamber does pay rent for the use of the building ($600 /month). Mayor Carpenter recognized Councilmember Azzoz who requested Mr. Walters produce more expense information on additional items or services related to the center. Mr. Walters pointed out that the maintenance and upkeep of the Visitor's Center as well as the staffing, and visitors guide is all covered under the `hot funds', which is money set aside (taxed on our visitors in our hotels) and that has very specific uses, one of which is the operation of a visitor's center. City Manager John Kessel stated that maintenance of the property will still exist for the city whether we have a tenant or not. The difference is that we do receive revenue back from the Chamber as a tenant. As little as a year ago, Council decided that the tenant should be the Chamber of Commerce which was considered a good, near public benefit. Policy of Revenue questions council might have for discussion would be our membership, visitor operations contract, property owner expenses, and tenant revenue or lack thereof. Mayor Carpenter recognized Mayor Pro -Tem Fowler who reminded everyone that the City moved the Kramer house to that location because we felt it was a good location for the Visitor Center and on the stone sign we have, it says Visitor Center and Chamber of Commerce. This is two operations going on in this location. Mayor Carpenter recognized Councilmember Azzoz who continued to express his concerns over Council's continuous duty of being careful of how we spend the taxpayer's dollar. Mayor Carpenter recognized Councilmember Edwards who made a motion to limit debate on this item to no more than ten minutes in the future. Mayor Carpenter said while we are in the midst of the item we can move to limit debate. In order to limit debate on this item in the 11 -17 -2015 Minutes Page -12 - future, it would have to be when we take it up, assuming it will be at a future meeting. The only way to limit debate otherwise would be to establish a rule which limits debate broadly on all items. So we will have to do that in individual meetings as we take up individual items. A motion to limit debate is limited to the item under consideration. Councilmember Edwards re- stated his motion to limit debate on this item. Mayor Carpenter asked for a second to the motion. As there was no second, the motion failed. Discussion continued with Mayor Pro -Tern Fowler stating he doesn't understand how Councilmember Azzoz is trying to break out the city cost of something they own versus the amount of money we are giving them if we say we legally have a contract. Where do you think we are spending public monies in support of them that we shouldn't spend? Councilmember Azzoz said Mr. Walters will be providing that information in two weeks. Mayor Carpenter stated the Chamber runs the Visitor Center for the City; they produce an area map and business guide. The dollar figure for that is not to exceed $55,500 annually. He thinks the real question is do we want to have the Chamber continue to run our Visitor Center for us or do we want to do it ourselves. Do we want to produce the Business Directory and Visitor Guide ourselves, have the Chamber continue doing it, or dispose of that work? So what is the suggestion? Mr. Walters stated for clarification, each of these functions, if the City cut funding for all of them, it would not impact the normal operations of the Chamber of Commerce at all because this is additional work they take on in behalf of the City as a contracted task(s). Again, this is all paid from `Hot Tax' (Hotel Tax) which is very limited as to its allowed use. The funds are meant to bring in tourism and promote that industry. Mayor Carpenter recognized Councilmember Azzoz who stated he would like to see the numbers first that Mr. Walters agreed to furnish and then take the issue up at a later date. Mr. Walters reiterated his instructions are to provide the following information: a breakout of the cost of membership, a breakout of the cost of the maintenance of the historical building (Kramer House), and the individual invoices we received last year from the Chamber of Commerce as well as the funding sources whether it be from the General Fund property taxes or from the Hotel Tax as well as the proof of payment for the rental agreement. Mayor Carpenter requested this information be sent to council via e -mail and any commentary might want to also include how we maintain other properties for public use. City Manager John Kessel stated in addition to direct costs associated with the Kramer House property they will try to come up with a generalized estimate on how much time staff spends doing broad categories of maintenance of other city properties as well as any other revenues including other information that might be helpful for comparisons. Councilmember Thompson returned to the dais. Discussion regarding the language change on items to be placed on a future City Council Agenda by Mayor and Council. (Councilmember Azzoz) Mayor Carpenter recognized Councilmember Azzoz who stated he would pass this on to Mayor Pro -Tern Fowler to provide his comments first. Mayor Carpenter recognized Mayor Pro -Tern Fowler who stated he felt he was blindsided with this new language suddenly 11 -17 -2015 Minutes Page - 13 - appearing on the agenda and feels anything like this should be discussed by the council before making it public. Additionally, he did not see that there was any emergency to do this but he understands it is not a directive specifically for this council but rather it is a procedure that should be used by any council. He said it felt confusing to him as to where this came from and how could we do that. His main concern is making sure that the council itself was aware of this; however, seeing it this way gave the appearance of being aimed at this council and maybe preventing someone from making a decision. This was his point in bringing it forward. Mayor Carpenter said he feels it is a very fair question and explained farther. Prior to the current rules of procedure the only way council could get an item on the agenda was to have three councilmembers ask for it to be put on the agenda. Whether it was done in open session or outside, it was problematic for the open meetings act—because you have a quorum at that time acting in open session on something that was not on the agenda outside of open session acting in a quorum outside of a meeting. It was changed afterwards because what was happening in council meetings was a councilmember made a request, maybe a second person would agree, and if others disagreed or the mayor disagreed then it just didn't make it on the agenda. We haven't had that discussion level because we changed the rules to make sure we would not violate the open meetings act. We stated that an individual councilmember could ask. So the mayor said he went to the city attorney and asked what should be done if he had an objection. He said the city attorney suggested the language as follows: Future Agenda Item Request for City Council: This is an opportunity for City Council members to request that items be placed on a future agenda. No discussion of the merits of the item may be taken at this time. Should a Council Member oppose placement of the requested item on a future agenda, the Mayor, without allowing discussion, shall ask for the consensus of the other City Council members to place or not place the item on a future agenda. With this language on the agenda it would conform to the requirements of the open meetings act and allow the decision to be made by the full council at a later meeting because you can't do it in that meeting. So the mayor followed the advice of our city attorneys and directed the city secretary to put it on the agenda based on their legal advice. Mayor Carpenter recognized Councilmember Azzoz who said he thinks this really should have been discussed with the city council. He reads it as suggesting, `Let's tie somebody's hand', and we will have to have a majority to put something on the agenda. He is concerned about needing a consensus of several councilmembers in order to talk about an item. Mayor Carpenter recognized Councilmember Thompson who said there is nothing in here that says a councilmember cannot ask for an item to be placed on the agenda; this is still our privilege. This only deals with if another councilmember has an objection to that. Mayor Carpenter recognized Councilmember Edwards who said there have been a lot of times in the past where we have asked for an item and then entered a diatribe of the merits of doing so, which in reality is going into a discussion of it. Mayor Carpenter recognized Mayor Pro -Tem Fowler who expressed concern about not wanting to waste their time on the dais. He doesn't see the value of it other than one point. 11 -17 -2015 Minutes Page - 14 - Mayor Carpenter addressed Mr. Azzoz's concern about him seeking the advice of the city attorney. He referenced the Charter which says the Mayor should preside at all city council meetings as the Chair, which charges him with the responsibility of not only executing the duties while in session but also he has an underlying directive saying it is his job to study, and become expert with our rules and anticipate certain outcomes. He intends to seek advice anytime he has a question regarding the law concerning any action he would take as the Chair to ensure he is doing his job correctly. A few other considerations are: 1) if you wish to make sure there is no problem with an individual councilmember placing things on the agenda, then just don't object to one another, 2) if someone wants something on the agenda and someone else objects, there is an appeal; the person can go to the city manager or himself (mayor) and they can request that it be placed on the agenda. This is a check and balance situation. Another possibility is that council can change the rules by ordinance at any time. His job is charged to him, acting as chair, and he will engage the city attorney when he sees fit to do so, even if it costs the city money, to keep us out of jail and from us doing anything errant in the eyes of state law. The voters will judge him for it on election day. Again, you need not object to anyone's request and then this will never become an issue. However, if someone does object, as the rules stand today, this is how we will adjudicate that from the chair and how we will proceed if that occurs. 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 of the Regular Meeting of November 10, 2015. (J. KesselB. Dennis) 2. Ordinance 15 -S -39 — Consideration and/or action approving an Ordinance upon a request for a Specific Use Permit to allow an Automotive Repair and Service, Major located at 1000 FM 3009, Schertz Texas. Final Reading (B. James/L. Wood/B. Cox) The following was read into record: ORDINANCE NO. 15 -S -39 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ZONING 1000 FM 3009, SCHERTZ, GUADALUPE COUNTY, TEXAS TO ALLOW A SPECIFIC USE PERMIT FOR OPERATION OF AN AUTOMOBILE REPAIR AND SERVICE, MAJOR. Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Councilmember Thompson to approve consent agenda items 1 and 2. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson voting for and no one voting no. Motion passed. Discussion and Action items 11 -17 -2015 Minutes Page - 15 - 5. Ordinance No. 15 -M -40 — Consideration and/or action approving an Ordinance ordering and declaring the 2015 Charter Amendments Adopted. First Reading (B. Dennis /C. Zech) The following was read into record: ORDINANCE NO. 15 -M -40 AN ORDINANCE OF THE CITY OF SCHERTZ, TEXAS, ORDERING AND DECLARING THE 2015 CHARTER AMENDMENTS ADOPTED. Mayor Carpenter recognized City Attorney Charles Zech who stated the following: The Texas Local Government Code Section 9.005 provides as follows: Sec. 9.005. ADOPTION OF CHARTER OR AMENDMENT. (a) A proposed charter for a municipality or a proposed amendment to a municipality's charter is adopted if it is approved by a majority of the qualified voters of the municipality who vote at an election held for that purpose. (b) A charter or an amendment does not take effect until the governing body of the municipality enters an order in the records of the municipality declaring that the charter or amendment is adopted. Based on this section of the Texas Local Government Code a Charter amendment is adopted once approved by a majority of the qualified voters but does not take effect until City Council enters an order into its records declaring the amendment adopted. The ordinance proposed for adoption declares all amendments to be adopted effective immediately with the exception of the amendment to Section 4.09(c) in measure two which will not become effective until the first regular City Council meeting that consists of seven City Council members. Mayor Carpenter recognized Councilmember Thompson who asked about Section 4.05 Mayor and Mayor Pro -Tem. He stated that the language states "The Mayor Pro -Tem shall be a Councilmember appointed, effective each December 1 and June 1, on a six -month rotational basis in Place order, Places One through Five; provided, any Councilmember may decline to serve as Mayor Pro -Tem, and the Councilmember holding the next numeric Place shall then serve as Mayor Pro -Tem. The Mayor Pro -Tem shall act as Mayor during the absence or disability of the Mayor and in this capacity shall have the rights conferred upon the Mayor. While acting as Mayor, the Mayor Pro -Tem may vote on any matter before the City Council" and he wanted to know now that we will have two other Council places, place 6 and 7 that this language should reflect those changes. City Attorney Charles Zech stated that he would look at this and upon final reading of the ordinance he would provide an answer. Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Councilmember Thompson to approve Ordinance 15 -M -40, first reading. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson voting for and no one voting no. Motion passed. 6. Ordinance No. 15 -M -41 — Consideration and/or action approving an Ordinance adopting criminal penalties for violation of the City Charter. First Reading (B. Dennis /C. Zech) 11 -17 -2015 Minutes Page - 16 - The following was read into record: ORDINANCE NO. 15 -M -41 AN ORDINANCE OF THE I CITY OF SCHERTZ, TEXAS, ADOPTING CRIMINAL PENALTIES FOR VIOLATION OF THE CITY CHARTER. Mayor Carpenter recognized City Attorney Charles Zech who stated the recently adopted amendments to the City Charter included a requirement that the City Council adopt an ordinance creating a criminal penalty for a violation of the City Charter. He recommends adopting the proposed ordinance on first reading. Mayor Carpenter recognized Councilmember John who stated should we address the concern mentioned by Mr. Outlaw regarding mental culpability and unknowingly violating the charter. City Attorney Charles Zech stated that he believes that Mr. Outlaw was noting the change in the ordinance that changed the prohibitions with respect to the conflicts of interest. The citizens changed the conflict of interest provisions essentially to state that all Councilmembers have to comply with Section 171 of the Texas Local Government Code. They also included a criminal penalty which you are adopting tonight that basically says City Council shall adopt an ordinance that allows you to enforce the criminal provisions and civil penalty provisions that allows you to enforce the criminal provisions and the civil enforcement provisions provided for in the Charter. Simple answer to his question whether you would inadvertently violate Section 171, you should know that it is already a crime if you violate 171 under the statute. It is actually a Class B misdemeanor and is a greater crime under the statue that it is under our ordinance. That being said if anyone was to bring an action to municipal court, any councilmember would be entitled to plead guilty, not guilty, you can get a trial by jury and then deal with it in any manner we currently deal with the criminal provisions. There is nothing you can do with this because it was adopted through the Charter Amendments. Mayor Carpenter recognized Councilmember Azzoz who said if this is already in effect then why adopt Ordinance 15 -M -41? In answer, Mr. Zech stated that the Charter Committee actually put forth a Charter amendment that said there should be criminal penalties associated with violating the Charter, and they also said in the charter amendment the City Council shall adopt an ordinance to enforce those provisions. This was something the Charter Commission recommended to be placed on the ballot and it was placed on the ballot and passed and now you are going through the administrable responsibilities associated with adopting what the voters approved. Mayor Carpenter recognized Mayor Pro -Tem Fowler who moved, seconded by Councilmember Edwards to approve Ordinance No. 15 -M -41, first reading. The vote was 4- 1-0 with Mayor Pro -Tem Fowler, Councilmembers John, Edwards and Thompson voting for and Councilmember Azzoz voting no. Motion passed. 7. Resolution No. 15 -R -106 — Consideration and/or action approving a Resolution authorizing the City Manager to approve certain waivers of potential conflicts of interest in representation by the City Attorney when the interests of the City are not prejudiced. (C. Zech) The following was read into record: 11 -17 -2015 Minutes Page - 17 - RESOLUTION NO. 15 -R -106 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO APPROVE CERTAIN WAIVERS OF POTENTIAL CONFLICTS OF INTEREST IN REPRESENTATION BY THE CITY ATTORNEY WHEN THE INTERESTS OF THE CITY ARE NOT PREJUDICED Mayor Carpenter recognized City Attorney Charles Zech who stated that- under State Law lawyers have obligations under their Code of Ethics that we cannot represent two parties when their interests are adverse. However; our Code of Ethics provides for certain situations where our client can authorize the representation of two different clients in a similar matter when certain requirements are met. What it says is in situations other than litigation a lawyer shall not represent a person if the representation of that person involves a substantially related matter in which that person's interests are materially and directly adverse to the interest of another client of a lawyer or the lawyers firm or reasonably appears to be or become adversely limited by the lawyer or the lawyer's law firm responsible to another client or to a third person by the lawyer or lawyer's law firm's own interest. Typical analysis has to be done. There is an exception to that where if the lawyer reasonably believes the representation of a client will not be materially affected and each affected are potentially affected, the client consents to the representation after full disclosure about the nature of the implications. We do that and have done this in the past by bringing resolutions requesting situations where for example a simple contract that had been previously reviewed by other lawyers and it's between two of our clients, two cities and it's an interlocal agreement and we have come to the conclusion that no one's interests are adversely affected. It's a boiler plate, a common place thing to accomplish; we can represent both interests and have asked our clients to waive those. There are times where that waiver needs to be done quickly rather than wait for it to be placed on an agenda for City Council approval. When those issues arise, this resolution gives the City Manager the authority to accept the letter that they would give, which would state what was going on. We do not think there is a material adverse effect and here are the potential issues associated with our representation; would you be willing to waive that potential conflict, because you cannot waive a conflict, you would waive a potential conflict. This resolution essentially would give the City Manager authority in certain circumstances for time purposes to waive that conflict. Mayor Carpenter recognized Councilmember Thompson who asked if there was any requirement for the City Manager to then inform the City Council. Mr. Zech stated there is no requirement but his knowledge of City Managers is that it would probably occur. It would probably go into your agenda packet under information that has been accomplished. Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Councilmember Edwards to approve Resolution No. 15 -R -106. The vote was unanimous with Mayor Pro -Tem Fowler, Councihnembers Azzoz, John, Edwards and Thompson voting for and no one voting no. Motion passed. Roll Call Vote Confirmation Mayor Carpenter recognized City Secretary Brenda Dennis who provided the roll call votes for agenda items 1 through 9. 11 -17 -2015 Minutes Page -18 - Requests and Announcements 10. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives No further announcements were provided. 11. Future Agenda Item Request for City Council: This is an opportunity for City Council members to request that items be placed on a future agenda. No discussion of the merits of the item may be taken at this time. Should a Council Member oppose placement of the requested item on a future agenda, the Mayor, without allowing discussion, shall ask for the consensus of the other City Council members to place or not place the item on a future agenda. No items were requested. 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 Councilmember Azzoz who stated that this coming Monday they will be delivering turkey and food to all the needy. He stated 'the numbers have exceeded those from last year, 5,582 meals will be provided. He thanked all those that contributed. Mayor Carpenter recognized Councilmember Edwards who expressed his gratitude and thanks to Mary Spence and her crew for the recent car show event. The Ford Fairlane was the overall winner. Mayor Carpenter recognized Councilmember Thompson who stated that he had the privilege of representing Mayor Carpenter at Autumn Winds Retirement Lodge in reading a proclamation to Ms. Lois Honea who tarred 102 years of age. He also stated it was a great privilege today to be able to interact with a group of Webelos Scouts who came and were asking about what City Council is and what they do and to be able to encourage them. It was a great opportunity to represent the City. Executive Session Mayor Carpenter moved into executive session at 8:51 p.m. 11 -17 -2015 Minutes Page - 19 - 13. City Council will meet in closed session under section 551.074, Evaluations of the City Manager. Reconvene into Regular Session Mayor Carpenter reconvened into regular session at 9:3 8 p.m. 13a. Take any necessary action based on discussions held in closed session under Agenda Item number 11. Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Councilmember Edwards that they raise the salary of Mr. Kessel immediately, this current fiscal year in the amount of $6,446. The vote was 4 -1 -0 with Mayor Pro -Tem Fowler, Councilmembers John, Edwards and Thompson voting for and Councilmember Azzoz voting no. Motion passed. Roll Call Vote Confirmation Mayor Carpenter recognized City Secretary Brenda Dennis who provided the roll call vote confirmation for agenda item 13a. Mayor Carpenter recognized Councilmember Edwards who stated he would like to say something about the last item we just took action on. He stated that this is for the record, looking at the Evergreen Study, it doesn't bring Mr. Kessel where he really needs to be when it comes down to the percentile in looking at the other cities around us and what their city management is paid. Thinking about some of the things that Mr. Kessel has implemented along with staff vision, that is why we came to this decision. He expressed that he believed it should be a matter of record that we let the public know this. Mayor Carpenter recognized Councilmember Thompson who stated that it would be a matter of record that he will be brought up to market over a four (4) year period with other employees. Adiournment Mayor Carpenter adjourned the meeting at 9:40 p.m. chael Carpenter, Mayor ATTEST- '-Breifda Dennis, City Secretary 11 -17 -2015 Minutes Page - 20 -