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01-26-2016 MinutesMINUTES REGULAR MEETING January 26, 2016 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on January 26, 2016, 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. (Mayor Pro -Tem Fowler) Mayor Pro -Tem Fowler 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) The following announcements were made: • Wednesday, January 27, Ribbon Cutting /Grand Opening for Schertz /Cibolo ER Clinic, 4825 FM 3009,11:30 a.m. -1:00 p.m. • Thursday, January 28, Ribbon Cutting & Open House for Acacia OB /GYN, 16977 IH 35 North -Ste. 210, 3:30 -4:30 p.m. • Saturday, January 30, Schertz Chamber of Commerce Health and Wholeness Fair, Schertz Civic Center, 11:00 a.m. -3:00 p.m., 70 vendors in attendance. • Tuesday, February 2, Blood Drive, Front Parking Lot, 8 -11 a.m. Email Kellie Burnam, Community Health Manager, kbumam(kschertz.com or call 210 - 619 -1430. Upcoming Events: • Thursday, February 11, TML Region 7 Meeting — The Gardens at Old Town Helotes, City of Helotes, Reception begins at 5:00 p.m. RSVP to the City Secretary by Friday, February 5. 01 -26 -2016 Minutes Page -1- • Tuesday, February 16, Council on the Go Meeting, Community Center North, 6:30 p.m. • Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who spoke about a new electronic customer service improvement feature recently implemented by city staff for residents requesting to be scheduled for a chipping service provided by our Public Works Department. Now they can go to the city's webpage, click on a button and fill in the customer information and submit the order for scheduling. Kudos and Thanks to Public Works Dispatcher Ms. Tiffany Danhof who submitted the suggestion and the IT Department staff for implementing this vision for our customers. Proclamation School Board Recognition Month. (Mayor /G. Inmon/SCUCISD Board Members) Mayor Carpenter recognized SCUCISD Board President Gary Inmon, Board Vice - President Robert Westbrook, and SCUCISD Superintendent Dr. Greg Gibson. Mayor Carpenter read and presented the proclamation recognizing School Board Month providing his gratitude for the work they do and the relationship they have with the City. Board Member Inmon also commented on the Board duties and the successful relationships they have built with the City of Schertz. Hearing of Residents Mayor Carpenter recognized the following who spoke: • Mr. Carl Douglas, 2550 Woodland Village Place, who spoke regarding agenda item 5 regarding the reappointment of Councilmember Daryl John to the Lone Star Rail District Board. • Mr. Alan Cockerell, Schertz- Seguin Local Government Corporation General Manager, who came forward introducing the new Assistant General Manager Amber Briggs. • Ms. Audrey Martin, 710 N. Post Oak Road, Houston, who spoke in favor of the workshop item regarding requested letters of support for Housing Tax Credit applications. Ms. Martin provided Council and Management copies of the proposed Mixed Use Development proposal for the Preserve at Wiederstein, which is proposed on Wiederstein Road and FM 3 009. • Ms. Charlene Smoot /Lil Metzger, 8165 Garden Oaks Drive, San Antonio who also spoke in favor of the workshop item regarding requested letters of support for Housing Tax Credit applications. • Ms. Lisa Stephens, 6636 N. Riverside Drive, who again spoke in favor of the workshop item regarding requested letters of support for Housing Tax Credit applications. Workshops 01 -26 -2016 Minutes Page - 2 - • Discussion regarding extending responsibilities of inspections to the engineer of record for professionally engineered projects. (B. James) (Item requested by Councilmember John) Mayor Carpenter recognized Executive Director Brian James who stated this discussion excludes civil projects (i.e., roadways, waterlines, sewer lines). It really applies only to building permits, residential or commercial. It would eliminate the requirement for City staff to perform the inspection and place that in the hands of the design engineer(s). Currently, this is what is done with retaining walls over four feet. There are also other items that require a design engineer where staff may not have the expertise in those cases. This varies from project to project. Things that are design engineered for residential are generally foundations, wind bracing, and structures such as trusses and floor joists. For commercial it varies quite a bit, such as structural, civil, electrical, mechanical and other systems including fire systems. The 2012 Building Code requires special inspections in a number of areas and generally the City does not perform these; someone hired by the owner does. Mayor Carpenter turned the discussion over to any comments or questions from Council. Councilmember John said it was a great addition and the design engineer is the one who knows everything about the project and the code requirements and this pushes the liability back on them to do the inspection. Mr. James stated that in the future staff will probably be visiting with the Development Services Department in the City of San Antonio and take some of their information and make models of some of the documents they have for our use here. Mr. James stated in the future we probably need to overhaul our website and get some of this information out there and make people aware of it as a useful resource. • Discussion regarding revising the Tree Mitigation Ordinance. (B. James /C. VanZandt) (Item requested by Councilmember John) Mayor Carpenter recognized Executive Director Brian James who stated Section 21.9.9 of the Unified Development Code (UDC) is our tree preservation section which states prior to the issuance of a Development Permit or a Building Permit, a Tree Permit is required or you must provide an affidavit of no protected trees on site. In order to obtain a Tree Permit, the applicant must mitigate Protected and Heritage trees. Protected trees measure between 8 -24 inches in diameter (measured 4' above ground). A Heritage tree is bigger than 24 inches in diameter. There are some exemptions, such as if a tree is in an area with a septic system or right -of -way for a road, in a utility easement, are diseased or damaged, or if they are a Hackberry, Eastern Red Cedar, Common Ash Juniper, Chinaberry, Mesquite, and Ligustrum. However, all Heritage trees must be mitigated. This can be done by planting extra trees or by paying into a mitigation fund -a fee of $100 per inch of tree. This fund can be used for planting trees at city parks, soccer fields, etc. and also for the care and maintenance of the trees. The UDC also allows for trees to be planted on school district property. However, sites that are heavily wooded can prove problematic as there may be so much mitigation required that there is not room to replace trees and then paying into the mitigation fund can become expensive. Mr. James provided some cost comparisons and other information regarding sites with no trees, some trees or a lot of trees, as examples of what some developers face. 01 -26 -2016 Minutes Page - 3 - Councilmember John stated the only thing he could see to consider adding would be that the trees that are located directly under the building foundation(s) would be classified as exempt. This is just a suggestion that may alleviate some of the property developer's burden. Mr. James replied that the old ordinance actually did have that exemption item in it. Mayor Carpenter recognized Councilmember Edwards who stated he thinks we have a great tree ordinance. Canopy is extremely important. He thinks it is important to have that green open space. He likes going to a business that preserves their trees. Mayor Carpenter recognized Councilmember Thompson who said he does understand from a builders viewpoint and when we were working on revising the building code we had several meetings between the city and interested developers to find a solution that met everybody's needs. Perhaps something similar could be done here, such as instituting a cap per acre. He believes there are some win -win opportunities out there for everyone. Mr. James continued answering questions from Council regarding payments to the tree mitigation fund, residential versus commercial differences, drainage concerns, other incentives for saving trees, and fee costs relative to the number of lots /acres. Staff will continue working with trading information with the various city boards and come back to council in a few months with an update. • Discussion regarding permitting requirements for fences and sheds. (B. James /L. Wood/B. Cox) Mayor Carpenter recognized Executive Director Brian James who stated as part of the Building Code update in September and October (2015), Council considered eliminating the requirements for obtaining a permit for replacement fences and sheds. Staff discussed the matter with the Planning and Zoning Commission and reached a consensus as follows: • Exempt from permitting replacement residential fences that are like for like (6' wood privacy fence or 4' chain link fence for a 4' chain link fence). ® The like for like provision would allow differing board widths or board to post orientation (weave vs. all one side). • The Planning & Zoning Commission wants us to review the Ordinance after 6 months and revisit the issues to determine if it is working as intended or needs to be modified. Mr. James said it was suggested to publicize this (Schertz Magazine articles, website updates, handouts) to the public to avoid missteps. • SHEDS: Building Code Exempts Accessory Structures Under 200 square feet from needing a permit, local amendment requires a permit. • Exempt accessory structures that are 120 square feet or less from needing a permit if the structure can be moved. • Any accessory structure more than 120 square feet requires a permit. • Continue to require a permit for concrete foundation. • Review ordinance in 6 months 01 -26 -2016 Minutes Page - 4 - Staff anticipates bringing the Ordinance to Council to adopt these local amendments in the next few weeks. Mr. James continued answering questions from council. • Presentation and update regarding Pay Day Loans. (B. James) Mayor Carpenter recognized Executive Director Brian James who stated in December 2015 Council discussed the possibility of developing a payday lending ordinance as a result of an ordinance passed by the City of San Antonio. This brought forth concerns that the affected businesses, known as Credit Access Businesses (CAB) would soon start moving out in the surrounding communities. Generally these regulations require the CAB's to: • register with the City (i.e., $50 fee) • limits payday loans to 20% of the borrower's gross monthly income • limits auto title loans to the lesser of 3% of the borrower's gross monthly income or 70% of the vehicle value • limits loans to no more than 4 installments or 3 rollovers (a rollover is an extension of consumer credit within 7 days of the previous extension of credit) • requires that proceeds from each installment or renewal reduces the loan principal by 25% • requires that each contract be written in a language the borrower can understand or that it be read to any borrower who cannot read • requires that the lender provide the borrower a form created by the city which references non - profit agencies who provide financial education & assistance programs The Texas Municipal League (TML) has provided a sample ordinance that is very similar to San Antonio's. Over 25 cities have passed ordinances regulating payday lenders including Austin, Balcones Heights, Dallas, Houston, San Antonio, Seguin, and Universal City. The Waco City Council has recently been urged by some residents to regulate payday lenders. The state legislature has considered regulations for CAB's in the past but has not passed overarching regulations. Litigation is currently pending regarding municipal regulations of payday lending facilities in a number of cities, including San Antonio. An internet search indicates that there are two payday lender businesses operating in Schertz: Ace Cash Express and Advance America, both of whom are located at FM 3009 and IH -35. Both entities also provide auto title loans. If you look on their respective websites, they have a lot of information with regard to the loan terms. Mr. James provided examples of what these loans would typically look like. What most of the regulations do is not stipulate what the loan interest rate is but rather it dictates the terms and the number of payments made to keep people from just continuing on and on; each payment has to draw down a certain percent of the principal. Both of these companies do online applications and in person. Some states regulate these types of business a slightly different. The two issues would be: 1) it is a lot of documentation and do people understand it all, 2) if you are stuck and you have rent due and nowhere else to go, you are probably not thinking about the terms, just on paying your obligation(s). Staff called the City of San Antonio to see how this situation was going with them. They have one staff member who oversees the annual business application(s) and then the rest of the year he deals with complaints from individuals 01 -26 -2016 Minutes Page - 5 - who call and say a particular business is violating the ordinance. Last year the city felt there were about three who actually did violate it. What they do not do is any kind of audit process. Mr. James addressed subsequent comments, questions, and recommendations from council. He stated that staff can continue to monitor this situation and revisit it if needed. • Discussion and possible action regarding requested letters of support for housing tax credit applications for proposed apartment projects. (B. James) Mayor Carpenter recognized Executive Director Brian James who stated, as was mentioned during the hearing of residents section, the individuals who spoke on the requested letters of support for housing tax credit and that some of the Council is aware of, the state has a program to help promote affordable housing throughout the state. It is a tax credit program to help finance the construction of these projects. They have a call for projects and a timeline when individuals come in; there are companies that do this. Both companies that spoke tonight have a track record already of doing this and actually there is a third one that did not contact the city yet. Mr. James stated that this is a very competitive process. For several communities there is a great need for quality affordable housing for various resident types. Mr. James stated that the companies use a scoring system and they go out and get as many points as they can to qualify. One of the items they are evaluated on is whether or not they have support from the community where they are proposing to locate. As you know, we have probably received the letters, and the companies are required to notify the city on their intent so that we have a heads up on the project. Very often they come to the city and state that if they are going to compete for a project in Schertz with one that may be in New Braunfels, they need to score as high as possible and it helps them if the City Council says we are supportive of the project. Mr. James stated that one of the projects also wanted a nominal waiver of fees of up to $10.00, a token amount that will also assist with their scoring. One of the challenges that often happen is because they have this competitive process to go through they pull together this information and yet they have to see if they get the tax credit. Very often if they do not get the tax credit the project financially does not make sense and they no longer pursue it. Very often it is a question of putting the cart before the horse. Mr. James stated again that they have three (3) projects. As you heard, one of them is on Wiederstein Road at FM 3009 on the back portion of the property. The other one is off of IH 35 across from FM 2252, which is not adjacent to residential development. The third one is up at Fairlawn, a commercial piece at Fairlawn up by Riata. Mr. James stated that one of the problems is that none of these properties are zoned for multi - family. The two (2) on the frontage road are zoned for commercial uses and the one (1) off of FM 3009 is for larger lots, single - family residential development. They do not have the zoning in place and so they cannot develop by right. One of the comments we might make is that the plan the city has in place with regard to zoning and the comprehensive land use plan would not be to put multi- family there, it would be to do another use. He doesn't know if everyone has fully vetted how appropriate the apartment complex is in that location. Simply putting in a letter of support does not bind us to anything. That zoning case, if they were selected, would have to get a recommendation from the Planning and Zoning Commission and then go to Council for approval. Council may then still say that it is just not a good fit. There might be challenges 01 -26 -2016 Minutes Page - 6 - with the site and it may not be compatible with the adjacent land uses, etc. There could be a struggle, stating yes we are in support of the project, but then say that it doesn't quite get us there, and this is what goes into these types of requests. If they do not get support at this point then they limit themselves to be able to compete. Mr. James stated that with these types of projects this is typical of what we would think of as affordable housing. You cannot tell the difference from the outside that it is a tax credit project. Every single one he has seen, you drive by and you are looking for an apartment and you think yes, that one looks nice and let me see if they have any vacancies. They don't look any different from what you normally find. The idea is to build them, maintain the value, and provide a quality place for individuals to live in the community that is not substandard housing. Very often what they all do is, that there is a certain percentage of the units that are allocated for individuals who make less than that 60% medium income. However, this varies from project to project. In the project over at Wiederstein, 96 of the 120 units are reserved for the individuals with these income levels. The one off IH -35 is 105 out of 120, so the percentages are about the same. A certain percentage of the units are available at market rate. Mayor Carpenter opened this item up for Council questions and asked Mr. James if there were any examples currently in our City. Mr. James said yes, we have The Merritt at Lake Side, which is an age - restricted project and a more recent one is Liberty Park in Selma that is geared more for the Veterans. Mr. James stated you cannot really tell the difference. Mayor Carpenter recognized Mayor Pro -Tem Fowler who stated that he has looked at the proposed locations where the three (3) applications come from, and in his opinion, from a location point of view, the two sitting here today probably are the best; he does not like the one at Riata. He inquired as to whether or not the builder has built these before. Mr. James stated that all three (3) of the firms have built several of these types of projects already. Mayor Pro -Tem Fowler asked when you build these, what is the history of demographic types of individuals moving in? He asked if the representatives could share this information. Mr. James stated that individuals are coming from everywhere; seniors, retired, etc., and none of these projects are restricted in any way from anyone. Eligibility is simply the income criteria for affordable housing that must be met. Mayor Pro -Tem Fowler asked if we could support two (2) more developments. Mayor Carpenter asked Mayor Pro -Tem Fowler if he would like for him to recognize the developers to address his questions. Mayor Pro -Tem Fowler concurred. Mayor Carpenter recognized Audrey Martin and Lisa Stephens, the developers for the two projects (1) Wiederstein, (2) IH 35 and FM 2252, who came forward providing answers to Mayor Pro - Tem Fowler's question as to if the city could support the two projects. Both Audrey and Lisa stated that yes the city could support the two (2) developments. They also addressed questions regarding resident profiles. Mayor Carpenter recognized Councilmember Thompson who stated that letters of notice have been sent to Council but asked if the area residents around the proposed site have been notified. Mr. James said no. First, both firms must apply for tax credits and then those are selected. Then the companies would have to submit a request for a rezone application on that property. This is the first step on the property, and part of that effort would be that the developers would go out and start talking to the neighbors. The first notice would be on a 01 -26 -2016 Minutes Page - 7 - rezone application where the adjacent property owners would be notified. If that went to the Planning and Zoning Commission and then to Council, that zoning is not in place until approved and if it was not approved, the project would not go forward. Councilmember Thompson asked, historically speaking, is it normal or unusual for us to receive three (3) applications at once? Mr. James stated he cannot say what is normal in Schertz but that he does not know of any other application that has made it this far. Based on the developers analysis and case studies, there is a demand here and there is a good chance they will receive a tax credit. Lastly, Councilmember Thompson commented regarding Merritt Lake Side and Liberty Park — he stated the success of these two communities is because of their particular restrictions. These are uniquely different communities that have been very well planned and are successful. Mr. James stated that none of these proposed developments have restrictions and the City cannot impose extra regulations like Merritt Lake Side and Liberty Park communities have. Mayor Carpenter recognized Councilmember Edwards who asked where the developers gathered and received their medium income information and why do they need a letter for points. Ms. Martin came forward providing and explaining the funding program and the point base system in answer to his question. Councilmember Edwards also asked about the $10.00 waiver fee, and Ms. Martin explained the recent change in legislation which required that they receive some type of waiver and the $10.00 is just an amount to fill that requirement. Mayor Carpenter recognized Councilmember Thompson who asked if this should be approved, what time frame are they looking at to begin the rezone? Mr. James stated it would be on or before March 1St Further questions were addressed and answered by staff and the developers. Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Mayor Pro- Tern Fowler to approve letters of support for both properties presented tonight plus the waiver of the $10.00 fee. 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 1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of January 12, 2016, and the Special Meeting of January 15, 2016. (J. KesselB. Dennis) Mayor Carpenter recognized Councilmember Azzoz who stated that he would be voting for approval of the January 12th minutes but abstaining on the approval of the minutes of the special session of January 15th as he was not in attendance. Mayor Carpenter recognized this stating that an abstention is considered a no vote and would have the City Secretary take notice of the approval of each item. Mayor Carpenter recognized Mayor Pro-Tern Fowler who moved, seconded by Councilmember Thompson to approve the minutes of the Regular Meeting of January 12, 01 -26 -2016 Minutes Page - 8 - 2016. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson voting for and no one voting no. Motion passed. Mayor Carpenter recognized Mayor Pro -Tem Fowler who moved, seconded by Councilmember Thompson to approve the minutes of the Special Meeting of January 15, 2016. The vote was 4 -0 -1 with Mayor Pro -Tem Fowler, Councilmembers John, Edwards and Thompson voting for, Councilmember Azzoz voting no. Motion passed. 2. Resolution No. 16 -R -01 — Consideration and/or action approving a Resolution appointing Andrew Hunt to the Board of Directors Place D -2 of the Schertz Seguin Local Government Corporation. (D. Wait) The following was read into record: RESOLUTION NO. 16 -R -01 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPOINTING ANDREW HUNT TO THE BOARD OF DIRECTORS PLACE D -2 OF THE SCHERTZ SEGUIN LOCAL GOVERNMENT CORPORATION, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Executive Director Dudley Wait who stated the SSLGC Board D -2 position currently held by Mr. Kerry Koheler of Seguin has a term that expired on December 31, 2015, This is scheduled to be filled by the City of Schertz and the new board member will take effect January 1, 2016. It is staff s recommendation that the City of Schertz appoint Mr. Andrew Hunt to serve on the Schertz Seguin Local Government Corporation (SSLGC) Board of Directors Place D -2 for the term commencing on January 1, 2016 and ending on December 31, 2020 (the "Term "). He has been contacted and has agreed to serve. Mr. Wait introduced Mr. Hunt who was present this evening. Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Councilmember Edwards to approve Resolution No. 16 -R -01. 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. Resolution No. 16 -R -02 — Consideration and/or action approving a Resolution authorizing the acceptance of the 2015 Racial Profiling Report. (D. Wait /M. Hansen) The following was read into record: RESOLUTION NO. 16 -R -02 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ACCEPTANCE OF THE 2015 RACIAL PROFILING REPORT, AND OTHER MATTERS IN CONNECTION THEREWITH 01 -26 -2016 Minutes Page - 9 - Mayor Carpenter recognized Patrol Lieutenant Michael Carey who stated one of the annual obligations of the police department is to provide the City Council with the statistical date they have collected from traffic stops. This annual racial profiling report includes: • The number of traffic stops they have conducted • The race of the person stopped • Whether the race of the person stopped was known prior to the stop • If a search of the vehicle stopped was conducted • If that search was consented to Based on a review of the numbers there is no indication of racial profiling, with the police department continuing to impartially enforce the traffic laws within the City of Schertz. Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Mayor Pro- Tern Fowler to approve Resolution No. 16 -R -02. 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. Resolution No. 16 -R -03 — Consideration and/or action approving a Resolution authorizing the city manager to negotiate and sign an amendment to the current contract with GBRA extending the term to August 31, 2016. (D. Wait /S. Willoughby) The following was read into record: RESOLUTION NO. 16 -R -03 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND SIGN AN AMENDMENT TO THE AGREEMENT WITH GBRA AND THE NORTHCLIFFE GOLF CLUB EXTENDING THE TERM TO AUGUST 31, 2016 AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Executive Director Dudley Wait who stated in 1976, the Guadalupe - Blanco River Authority entered into a forty year agreement with the landowner and developer of the Northcliffe Subdivision to provide waste water treatment. Upon annexation of the subdivision and the dissolution of the Northcliffe Municipal Utility District, the City became a party to this agreement. Today, GBRA continues to provide waste water treatment for a portion of the residences in Northcliffe and subsequent developments. They do this through their small treatment plant located at the Northcliffe Golf Course. The golf course is a direct party in this agreement as well since they receive the treated effluent to water their landscaping. This treatment plant is permitted to treat up to 300,000 gallons of waste water a day, but due to age and other limiting factors, flows that exceed approximately 220,000 gallons a day are diverted to the Cibolo Creek Municipal Authority treatment system by agreement between the City, CCMA and GBRA. 01 -26 -2016 Minutes Page - 10 - City staff desires to eventually take all of this waste water and send it to CCMA for treatment but due to a number of factors, this will not be possible for next three to five years. As a result, we need to enter into a new agreement with GBRA to maintain the operation of this treatment plant until the City is ready to send the entire flow to CCMA. The current agreement is slated to expire February 1, 2016. In order to have appropriate time to craft a three to five year agreement between the City, GBRA and the Northcliffe Golf Course, GBRA has asked that we make an amendment to the 1976 agreement extending the term of this agreement until August 31, 2016, the end of the current fiscal year for GBRA. City staff recommends Council authorize the City Manager to negotiate and sign an extension to the current agreement through August 31, 2016. The City has budgeted and will pay GBRA approximately $296,000 for the operation of the Northcliffe WWTP during this fiscal year. These funds are included in the approved FY 2015 -16 Budget and no additional cost will be incurred as a result of extending the current agreement. Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Councilmember Thompson to approve Resolution No. 16 -R -03. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson voting for and no one voting no. Motion passed 5. Resolution No. 16 -R -04 — Consideration and /or action approving a Resolution reappointing Councilmember Daryl John to the Board of Directors of the Lone Star Rail District for a two - year term to run from February 1, 2016 to February 1, 2018. (B. Dennis/Mayor /Council) The following was read into record: RESOLUTION NO. 16 -R -04 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, REAPPOINTING COUNCILMAN DARYL JOHN TO THE BOARD OF DIRECTORS OF THE LONE STAR RAIL DISTRICT, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized City Secretary Brenda Dennis who stated in accordance with the Rail District's governing statute (Texas Civil Statutes Article 6550c -1) and bylaws, each Board member serves a two -year term; additionally, the terms are staggered so that one -half of the Board members' terms expire on February 1 of each year to ensure Board continuity. Staff recommends Council officially approve Resolution No. 16 -R -04 re- appointing Councilmember Daryl John to the Rail District Board to represent the City of Schertz for a term of two years beginning February 1, 2016 and ending February 1, 2018. She stated that Councilmember John indicated that he is willing to continue to serve. Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Mayor Pro- Tern Fowler to approve Resolution No. 16 -R -04. The vote was unanimous with Mayor Pro - Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson voting for and no one voting no. Motion passed. 01-26-2016 Minutes Page - 11 - Mayor Carpenter recognized Councilmember Edwards who stated that in light of the possible election coming up of Councilmember John, we do not know how that election is going to turn out and that is why he made a motion to reappoint him and keep him where he is, this was to address Mr. Douglas's concern as mentioned earlier. Councilmember John stated that the city does have a provision of re- appointing someone if his situation should change. Mayor Pro -Tem Fowler indicated that in November we will be having new Councilmembers and the Council can at that time re- appoint someone to fill Councilmember John's term if he is elected. 6. Ordinance No. 16 -D -01 - Consideration and/or action approving an Ordinance amending the Code of Ordinances of the City of Schertz by revising Article V, Section 86 -149 Parking Prohibited on Roadways Maintained by the City of Schertz, parking restrictions on David Lack Boulevard. First Reading (B. James/K. Woodlee) The following was read into record: ORDINANCE NO. 16 -D -01 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING ARTICLE V, SECTION 86 -149 PARKING PROHIBITED ON ROADWAYS MAINTAINED BY THE CITY OF SCHERTZ; AND PROVIDING AN EFFECTIVE DATE. There was no staff introduction and Mayor Carpenter stated that the information provided to Council was straight forward. Mayor. Carpenter recognized Councilmember Edwards who stated that this is a growth issue and made a motion to approve the ordinance. Councilmember Edwards also stated that he is glad to see that both companies are growing. Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Councilmember Azzoz to approve Ordinance No. 16 -D -01 on 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 Mayor Carpenter recognized City Manager John Kessel who stated he would like to compliment the staff of the Economic Development Corporation, Police, and Engineering Departments for working together with the two companies on this to come up with a mutual solution. 7. Ordinance No. 16 -M -02 - Consideration and/or action approving an Ordinance amending the City Council Code of Ethics by adding language regarding media contact. First Reading (Mayor /Council /C. Zech) The following was read into record: 01 -26 -2016 Minutes Page - 12 - ORDINANCE NO. 16 -M -02 AN ORDINANCE BY THE CITY OF SCHERTZ, TX AMENDING CITY COUNCIL CODE OF ETHICS; PROVIDING A POLICY FOR MEDIA RELATIONS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE Mayor Carpenter recognized City Attorney Charles Zech who stated at the Council meeting of January 12, 2016, Council discussed having the City Attorney help add clarity to their Code of Ethics in regard to City Council communications with the media. At that meeting, he offered to get with staff to craft some language that would not infringe on any first amendment rights but still gets across the position of council on how media relation issues should be handled. He also stated he got the feeling that we just want to be careful with information when it is provided by council and to keep in mind the intricacies of law enforcement and any other privacy concerns that may arise as a result of their speech. He recommends council approve the proposed language be added to the Code of Ethics. Mayor Carpenter recognized Councilmember Thompson who requested a small change be considered to number 3, to recommend it state prior to going to an interview that members should report it to the City's Public Information Officer. Councilmember Edwards and Mayor Pro -Tem Fowler agreed with the proposed change. City Attorney Charles Zech indicated and he paraphrased the proposed change that he could make. Mayor Carpenter stated as a procedural comment that since this is an ordinance and it is first reading we can vote on approval with the recommended change and Mr. Zech on final reading would provide that language. Council concurred. Mayor Carpenter provided his comments stating that he doesn't think this is necessary. He thinks that we have before us our current Code of Ethics and Rules of Procedure and the ability to police ourselves. He stated that he has to give credit where credit is due and this is not his phrase but one he heard from a retired Brigadier General at USAA. He thinks this is the way they should approach it. We are authorized to take any action at all that we are willing to be accountable for. He thinks that's enough and does not see the need for the ordinance. That is just his opinion and he understands he doesn't have a vote. Mayor Carpenter recognized Councilmember Thompson who stated knowing that these are guidelines he moved for approval of first reading with the suggested additions to be brought back to the Council. Councilmember Edwards seconded the motion. Mayor Carpenter called for additional comments and recognized Councilmember Azzoz who agreed with the Mayor. We already have this in our Code of Ethics and Rules of Procedure to police ourselves. All we are doing is adding more work and more regulations and it doesn't make any sense to do this. Mayor Carpenter recognized Councilmember John who stated he agrees with the Mayor but not everyone is great at communicating with the media. This is a guideline and you can use it, or not. This is there for the benefit and protection of Council. It is still a judgment call if someone gets in front of you and asks you a question. You can still do whatever you want but 01 -26 -2016 Minutes Page -13 - he is going to take this into consideration and use it. It is going to better prepare him and is a benefit for his protection. Mayor Carpenter recognized Mayor Pro -Tern Fowler who stated that these are guidelines and as we will be getting new Councilmembers these are good guidelines for them to follow and believes this is important. Mayor Carpenter recognized Councilmember Edwards who stated this is not just about free speech but it is also imperative we attend some type of training on how to speak to the media and hopes that Mr. Kessel implements this not only with us but with all our emergency staff. Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Councilmember Edwards to approve Ordinance No. 16 -M -02 on first reading with the suggested additions which were paraphrased by the City Attorney to be brought back to Council. The vote was 4 -0 -1 with Mayor Pro -Tem Fowler, Councilmember John, Edwards and Thompson voting for and Councilmembers Azzoz no. Motion passed Roll Call Vote Confirmation Mayor Carpenter recognized City Secretary Brenda Dennis who provided the roll call votes for agenda items 1 -7. Requests and Announcements 8. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives No further announcements were provided 9. 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. 10. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers 01 -26 -2016 Minutes Page -14 - • Upcoming City Council agenda items Mayor Carpenter recognized Councilmember Robin Thompson, who on behalf of Operation Comfort, presented Mayor Carpenter with a plaque of appreciation for the City of Schertz in support of the 5K/10K Run — Walk they had on Saturday. Mayor Carpenter recognized Councilmember Azzoz and Mr. Leonard John, Owner of the Bluebonnet who were also supporters of the event. Executive Session 12. City Council will meet in closed session under section 551.087 of the Texas Government Code, Deliberation regarding Economic Development Negotiations; Closed Meeting. The governmental body is not required to conduct an open meeting (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect. • Project E -018 Mayor Carpenter adjourned into executive session at 8:30 p.m. Reconvene into Regular Session Mayor Carpenter reconvened back into open session at 9: 08 p.m. 12a. Take any necessary action based on discussions held in closed session under Agenda Item number 12. No action taken. Adiournment Mayor Carpenter adjourned the meeting at 9:08 p.m. Carpenter, Mayor ATTEST: renda Dennis, City Secretary 01 -26 -2016 Minutes Page - 15 -