Loading...
02-27-2018 MinutesMINUTES REGULAR MEETING February 27, 2018 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on February 27, 2018, at 6:00 p.m. in the Hal Baldwin Municipal Complex Council Chambers, 14M Schertz Parkway, Building 44, Schertz, Texas. The following members present to -wit: Mayor Michael Carpenter Councilmember Mark Davis Councilmember Scott Larson Councilmember Angelina Kiser Mayor Pro -Tem David Scagliola Councilmember Ralph Gutierrez Councilmember Cedric Edwards Councilmember Bert Crawford Staff Present: Acting City Manager Brian James Executive Director Dudley Wait Assistant to the City Manager Sarah Gonzalez City Attorney Dan Santee City Secretary Brenda Dennis Deputy City Secretary Donna Schmoekel Call to Order — City Council Regular Session Mayor Carpenter called the regular meeting to order at 6:02 p.m. Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. ( Councilmember Gutierrez) Presentation • Presentation regarding the Historical Preservation Committee Annual Report. (B. James/D. Weirtz) Mayor Carpenter recognized Chair Dean Weirtz who presented his written and verbal annual report on the activities of the Schertz Historical Preservation Committee. He read from the statement of the executive summary. The committee's objectives this year were: 1) Historic Recognition Projects, 2) Advancing the Historic Narrative through publications and/or public appearances, and 3) joint organizational initiatives they might participate in. There were three applicants for designated landmark properties which were all presented to council; they were 603 Main Street, 7720 Trainer Hale Road, and 207 First Street. Three Main Street matching grant proposals were sent to Council and were approved. Publication projects have included four quarterly newsletters, six remembrance special edition articles, a revised set of committee bylaws and a fourth book titled Schertz City Council, Half Century of Service. The Committee's 2017 `Looking Back' feature appeared in each monthly edition of the Schertz Magazine. Sales of their books have also continued though out the year. A joint initiative with the local school district includes the annual Student Art Essay Contest. Community outreach included participation in the community neighbors helping neighbor's cleanup project. They also participated in the Samuel 02 -27 -2018 Minutes Page - 1 - Clemens High School Fiftieth Anniversary celebrations along with numerous other events. Additionally, they have maintained a French connection with the Riedisheim History Society through the years. They have met their objectives as set forth for 2017 and look forward to continuing that progress in 2018. None of this could have happened without the support from just about every city department; from the city manager office (particularly Mr. Brian James) and the City Secretary's office, Procurement, Finance, Parks and Recreation, Public Affairs, Planning, Library, GIS (mapping) and others. Most importantly, he thanked City Council, who continues to support and encourage their mission as well as their continued involvement in the Main Street revamp project. They look forward to continuing their mission in 2018. Mayor Carpenter extended his thanks to the committee for their continued efforts and hard work. ® Presentation regarding the upcoming l Od' Annual Wilenchik Walk for Life. (S. Gonzalez/L. Klepper /M. Spence) Mayor Carpenter recognized Events Manager Mary Spence who provided a schedule for the large events coming forth in the community this year. The Wilenchik Walk for Life, which raises funds for cancer research, will be this coming Saturday March Yd with everyone registering/starting at the Samuel Clemens High School as usual. A new event is `Movie on Main' which will feature outdoor fun with a health twist to it. The 4d` of July Jubilee is a long -time favorite of the community with food, activities, parades and firework displays. They have now modified the former Scherzfest into the SchertzQ event with barbeque competitions. The last large event of the year wrapping things up will be the annual Tree Lighting and Festival of Angels that kicks off the Christmas holiday season. Mayor Carpenter commented briefly on former city councilmember Tony Wilenchik who held Place 4 on the Council. He had a good grasp on the workings of municipal finances and a multitude of other great ideas /contributions. He was a lot of fun and a good man. He encouraged everyone to come out in his memory and raise funding for the cause. 6 2018 State of the City Address. (B. James /S. Gonzalez/L. Klepper) Mayor Carpenter recognized Public Affairs Director Linda Klepper who stated this video has been produced by the Public Affairs Department for the past 6 years. They change it a bit each year depending on what they are focusing on. This year they wanted to highlight on the results of the citizens satisfaction survey that was conducted in late 2016. Some of the areas the citizens considered a high priority were maintenance of major city streets, parks and recreation programs, walking and biking trails, and code enforcement. This gave staff more insight on how to plan for future growth and develop and expand things the residents consider important to their quality of life. Mayor Carpenter thanked staff for another job well done. Presentation of Employee Newsletter "Schertz Short". (L. Klepper/M. Geedman/D. Flores) Mayor Carpenter recognized Public Affairs Director Linda Klepper who introduced Communications Manager Melissa Geedman and Marketing and Communications 02 -27 -2018 Minutes Page - 2 - Specialist Devan Flores to go over the newly created employee newsletter. They provided information on how it came about. An employee survey indicated staff felt this was an opportunity for more internal communication and employee engagement and saw a need for more timely information sharing. The Schertz Short is a bi- weekly employee newsletter designed to provide timely and informative news to all city employees regarding upcoming events, employee recognitions, promotions, achievements, retirements, etc. It will also provide information on changes in procedures or policies, training opportunities, health and wellness tips, Schertz Magazine info, and news from other departments. The Schertz Short officially launched on Feb. 12. They have received good feedback so far and look forward to its continued growth. City Events and Announcements ® Announcements of upcoming City Events (B. James/D. Wait/S. Gonzalez) Mayor Carpenter recognized Assistant to the City Manager Sarah Gonzalez who provided the following announcements: Thursday, March 11t Senator Donna Campbell Visits Schertz Family YMCA 10:00 am Saturday, March 3rd Wilenchik's Walk for Life 10th Annual 5K Walk, Samuel Clemens Parking Lot, 1001 Elbel Road 8:00 am check in 9:00 am 5K starts Register online at ACTIVE.COM VISITSCBERTZ.COM 210 -619 -1635 Saturday, March 3rd Nature Discovery Series: Discover What's Flying 10:00 am Crescent Bend Nature Park Pre - registration is required. Please call 210 -619 -1850 Tuesday, March 611 Regular City Council Meeting Cancelled Due to Election Night Friday, March 9th Library Closed to Public Library closed for staff training and computer maintenance. Saturday, March 10th — Sunday, March 25th Spring Cleanup Drop -off location - 125 Pecan Drive Thursday, March 22 °d 02 -27 -2018 Minutes Page - 3 - The 2018 Taste Retama Park 5:00 pm The Taste is an annual food sampling event held at Retama Park featuring 40+ food and beverage vendors from Schertz, Cibolo, and Selma areas. Due to the City being a CEO level member of the Chamber, the Chamber is offering 10 free - admission tickets to the Mayor and City Council. The tickets can be picked up at The Chamber office through Friday, March 16a'. Any unused member tickets will be donated to RAFB as one way of thanking our military for their service to our community. ® Announcements and recognitions by the Acting City Manager (B. James) Mayor Carpenter recognized Acting City Manager Brian James who stated he wished to point out that the written information staff provides council is not discussed but to ensure you don't miss them on the agenda he mentioned each topic; Bandit Signs Update, Council Compensation Adjustment, Traffic issues on Westchester at Elbel, drainage concerns /updates in northern Schertz and the revised City Master Calendar update. ® Announcements and recognitions by the Mayor (M. Carpenter) Mayor Carpenter stated he just wanted to note that there are always individuals in the community who go out and quietly do work, whether it is clearing some weeds on the parkway, picking up trash in the parks, etc. He thanked these individuals and said he does recognize and appreciate their efforts. Hearing of Residents Mayor Carpenter recognized the following individuals who spoke: • Mr. Scott Ristow, 3505 Rockhill View, who spoke about `awareness' and maybe getting the Council involved in talking to the police officers and how they are being treated. He came tonight to be a voice for those who won't speak up for themselves. There are things going on that nobody is addressing. He lost his job (was forced to resign). and went to management with it but nothing was done. There are lawsuits going on and there will be more that he knows about. The citizens need to know how the police department is treated and how the police officers are being treated. • Ms. Michele Tereletsky, 705 Marilyn Drive, who spoke about the First Amendment. She is talking about personal social media, not the city's computers, not the government's computers; the personal social media accounts. She is requesting an example of how council thinks they are going to control and have consequences on citizens, commissioners, board members, councilmembers, and herself on social media. She would like this information from the dais, so it is on record and in the minutes. • Ms. Maggie Titterin tgton, President of The Chamber, who spoke on behalf of the businesses complimenting the Mayor on his presentation to introduce the 2018 State of the City video, stating that the things he said meant a lot to the business`people present. The Chamber did their State of the Chamber video as well. She provided a brief PowerPoint containing information regarding their current membership, use of local member services, marketing 02 -27 -2018 Minutes Page - 4 - numbers and website views. Other statistical data shown was in regard to contributions to DECA, Project Graduation, etc., and membership attendance at monthly luncheons /mixers. They were again in the top 10 list of area chambers for the 0, year in a row. They also took first place in social media at the Texas Chamber of Commerce Executives Award at the June 2017 Conference. Their goal is to have a chamber location in all three- member cities. The Selma Branch just now opened up and the Cibolo branch is coming soon. They are also looking to do Facebook LIVE business ads. They are also seeking to get accreditation and only 205 chambers carry this distinction out of over 7,000 in the United States. The SA Hispanic is the only one in our area that currently has it. The Chamber's mission is `To Serve, Promote and Enhance Economic Success.' Their values are `Integrity, Stewardship, Excellence, Advocacy.' Their vision is `Continuing to empower businesses one relationship at a time.' She stated she knows it was said they receive funding from the City of Schertz. They do not. They are a non - profit 50106 organization, funded by their members and events. They currently have an agreement /contract with Schertz to run their Visitors Center. They also have three contracts out with the cities of Cibolo, Selma, and Schertz to produce their pages of the Business Directory, so they don't have to utilize their city staff. They are very appreciative of the partnerships they have with the other two sister cities and want to continue promoting all three. • Mr. Brent Bolter, 2633 Clover Brook Lane, who stated in regard to the firing of Mr. Kessel he brought up three concerns: 1) how it was done, 2) lack of transparency in the aftermath, and 3) the new city manager will have to do a better job than Mr. Kessel, otherwise the firing will have been a failure. He did not criticize any prior city managers, nor did he criticize any councilmembers by name. He states this for the record. He spoke about what had been addressed before where local business owners felt intimidated and feared retaliation if they came forward to speak. This is shocking and totally unacceptable. He also spoke about an individual who had spoken at a previous Council meeting and said action should be taken by Council against The Chamber because of remarks made by The Chamber president. Is this what we are about, intimidating people so they won't want to come up here and speak? He mentioned the First Amendment which guarantees we have the right to free speech. Citizens have this right to be heard regardless of whether Council agrees or not. He will continue to speak out. • Mr. Dana Eldridge, 2628 Gallant Fox Drive, who said he couldn't be here two weeks ago. He wanted to address something Councilmember Larson suggested in regard to having members of the community assist Council in the selection of a new city manager. There are a lot of qualified people in the community and could help Council. Lastly, he extended his compliments to The Chamber for being rated in the top ten ranking. • Mr. Robin Thompson, 967 Oak Ridge, who said it has been about a month since he has asked Council for financial accountability and transparency by the council regarding the expenses associated with the majority of council's decision to ask for the city managers resignation. They still have not heard anything on that request. He is asking when they can expect a decision from the city attorney regarding what degree of transparency can be shared. As citizens and taxpayers, when can they find out exactly how much the majority of council's decision is costing the taxpayers of Schertz. His second thing is that if there is an 02 -27 -2018 Minutes Page - 5 - air of retribution or one that is discouraging feedback, he believes it is Council's duty to find out why. There are people coming out now and speaking openly about it. `Where there is smoke, there is usually fire' These concerns are serious, and he hopes council will take them seriously. Mr. John Sullivan, 513 Triple Crown, who spoke about Old Wiederstein Road. We need a plan to address the road and the future of it. There are traffic back -up issues, pedestrian issues, and kids riding their bikes on it. In general, it needs a lot of improvement. He just wanted to bring this to Council's attention. Mayor Carpenter moved to Item 7 of the Agenda. 7. Ordinance No. 18 -S -10 — Conduct a public hearing and consideration and/or action on a request to rezone approximately 1.5 acres of land from Single - Family Residential District PR (R -1) to Office and Professional District (OP) located approximately 220 feet southeast of the intersection of E. Live Oak Road and FM 3009. First Reading (B. James/L. Wood/E. Grobe) The following was read into record: ORDINANCE NO. 18 -S -10 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 1.5 ACRES OF LAND FROM SINGLE - FAMILY RESIDENTIAL, (R -1) TO OFFICE AND PROFESSIONAL DISTRICT (OP). Mayor Carpenter recognized Planner I Emily Grobe who stated this property is 1.5 acres and is currently undeveloped. She provided a map of the area for council to view. After the published notices, they received three favorable responses and one unfavorable response. On January 20', P &Z had their public meeting and on January 31St they published the public hearing for tonight. Ms. Grobe provided a definition regarding the Office and Professional District (OP) zoning use. Land Uses permitted in Office and Profession Districts are limited (i.e. beauty salon, print shop, government facilities, medical or professional offices, etc.) Staff feels the request fits the city zoning requirements and should have a minimum impact on public services. The P &Z Commission approved the request unanimously and staff is also making a recommendation of approval to council. Mayor Carpenter opened the public hearing and the following individual spoke: ® Ms. Karen Mitchell, President, Mitchell Planning Group, LLC, Ft. Worth, TX, who provided a PowerPoint presentation regarding the development. They met with city staff prior to getting an application and sent letters to some of the surrounding property owners. At the public hearing that P &Z held a few people showed up and they were able to address their questions and concerns. The business that is 02 -27 -2018 Minutes Page - 6 - proposed for this site is a dialysis facility, so it is a very low impact facility. This is a transitional zoning where you have residential properties and then a commercial facility is put on a primary arterial. Benefits are, it is the lowest intensity of non- residential uses. No retail is allowed. Typically, it is a Monday -Friday use and is closed in the evenings and on the weekends. It also doesn't generate much traffic. Mayor Carpenter closed the public hearing as no one else spoke. Ms. Grobe addressed questions and comments from Mayor and Council. Mayor Carpenter recognized Councilmember Edwards who moved seconded by Councilmember Kiser to approve Ordinance No. 18 -5 -10 first reading. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards, Kiser and Crawford voting for and no one voting no. Motion Passed. Workshop • Update regarding the City of Schertz Quarterly Financial Statement. (B. James /J. Walters) Mayor Carpenter recognized Finance Director James Walters who provided a PowerPoint presentation for the fourth quarter of 2017 (Oct. 1 -Dec. 31). At this point the budget should reflect expenditures and revenue at about 25% for the new fiscal year. Right now, the revenue is higher than 25% and that is primarily due to people paying their property taxes early (they were not due until January 2018). Mr. Walters expanded on items such as the general fund, special events fund, water and sewer fund, expenditures, EMS fund, Parks fund, and the I &S fund. There were no questions from Council. • Update regarding Phase II Parks and Engineering fees. (B. James /L. Shrum/K. Woodlee) Mayor Carpenter recognized Assistant Parks and Recreation Director Lauren Shrum who spoke about the Parks and Recreation Fees including: • BVYA ($60 -$125 depending on the sport-$10 more per non - resident registration) • SYSA ($65 -$150 depending on the program -$10 more per non - resident) • Senior Center Membership ($36 /yr. or $3.00 per mo.) – membership open to the community) Outdoor Pools Admission fees ($2 /day) • Pool Parties (Residents $200-285—Non-residents $240 -320) Depending on number of guests. • Swim Lessons (Residents $85 per session/Non- residents $100 per session) • Recreation & Aquatic Complex Membership Fees (License agreement initially defined rates and the YMCA sets the rates and reviews them each year. Resident rates shall not be increased by more than 2% annually throughout the term of the agreement). A chart was provided to council reflecting the membership fees for the 02 -27 -2018 Minutes Page - 7 - past several years. Day rates for the center are $6 for residents /$15 for family — Non- resident rates are $10 for residents /$20 for family. The value the city receives from the partnership with the YMCA is we get a high level of service, they partner with us on free community events such as Trunk or Treat, there is a high level of volunteerism in the community, we also partner with other community organizations such as the school district and lastly, the community will soon have access to facilities in both Schertz and the City of Cibolo. Ms. Shrum addressed questions /comments from Council. Mayor Carpenter recognized City Engineer Kathy Woodlee who provided the following information on their department's fees. Grading and Clearing permits are required for any land disturbing activities greater than 0.1 acre (or any land disturbance within a floodplain). Current fees are: 1) $100, less than 5 acres, 2) $250, 5 -20 acres, 3) $250 + $3 /ac, over 20 ac, 4) $490, over 100 acres. The purpose of this permit is to ensure appropriate planning, design, and control of earth - disturbing activities to minimize soil erosion and sedimentation that degrade the environment and is generally related to a project for which another permit is required (building or development permit). Historically, revenue generated is as follows: 2013 -14, $4,988.52, 2014 -15, $5,024.80, 2015- 16 $7,887.03, 2016 -17, $9,046.00, 2017 -18 to present, $4,801.36. Another permit is the development permit, which is required for the construction and installation of any public infrastructure improvements (street, drainage, water, wastewater). The current fee structure is 1% of the construction cost based on the Engineer's opinion of the probable cost or construction contract bid form. Historically, revenue generated is as follows: 2013 -14, $65,545.21, 2014 -15, $125,917.66, 2015 -16, $142,025.93, 2016 -17, $110,600.91, 2017 -18 to present, $16,303.98. Mayor Carpenter moved to item 9 of the agenda. . 9. Resolution No 18 -R -19 — Consideration and/or action approving a Resolution authorizing the City Manager to sign an Interlocal Agreement for property usage between the City of Schertz and the Cibolo Creek Municipal Authority regarding Fire Department Temporary Station #3. (D. Wait/K. Long) The following was read into record: RESOLUTION NO. 18 -R -19 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO SIGN AN INTERLOCAL AGREEMENT FOR PROPERTY USAGE BETWEEN THE CITY OF SCHERTZ AND THE CIBOLO CREEK MUNICIPAL AUTHORITY REGARDING TEMPORARY HOUSING OF FIRE DEPARTMENT ENGINE #3 AND OTHER MATTERS IN CONNECTION THEREWITH 02 -27 -2018 Minutes Page - 8 - Mayor Carpenter recognized Fire Chief Kade Long who introduced Mr. Clint Ellis from CCMA whom they have been working with to acquire this location for temporary housing for Fire Station No. 3. An agreement has been worked out and they have updated the cost for that. It may cost up to $20,000 to get into this location. Mayor Carpenter stated he appreciates the work done on this and the partnership. This will give us a presence in southern Schertz and is much needed. Very well done. Councilmember Edwards also thanked Chief Long and his staff for doing this. Mayor Carpenter recognized Councilmember Edwards who moved seconded by Councilmember Crawford to approve Resolution No. 18 -R -19. The vote was unanimous with Mayor Pro -Tem Scaghola, Councilmembers Davis, Gutierrez, Larson, Edwards, Kiser and Crawford voting for and no one voting no. Motion Passed. Mayor Carpenter moved back to the workshop portion of the agenda. • Roadway Impact Fee update. (B. James/K. Woodlee) Mayor Carpenter recognized City Engineer Kathy Woodlee who provided a PowerPoint presentation regarding this item which she said would also be posted to the city website. She provided some background and purpose information. The purpose is to provide a funding mechanism for identified capital improvements necessary to accommodate new development over a 10 -year planning period. She provided maps of both the Master Thoroughfare Plan and the Capital Improvement Plan. The total value of the Capital Improvement Plan is $228,914,580. The total cost attributable to new growth over a 10- year period (after credit for ad valorem tax) is $56,888,912. Possible sources of funding for Capital Improvements are property tax revenue, bond revenue, grants, matching funds, state, federal, and roadway impact fees assessed new development. Some benefits of having a roadway impact fee program is it alleviates the burden of new facilities on the existing tax base and it facilitates `growth paying for growth.' It provides a systematic, structured approach to the assessment of fees and enables upfront knowledge of fees to be imposed to new development. It also fairly distributes thoroughfare infrastructure costs to development based on service units developed rather than location of development. The maximum allowable cost per service unit for the four service areas range from $1,044.48 to $2,392.72. Some policy considerations and recommendations are as follows: • Same rate City -Wide vs. Different Fee in Different Service areas (same rate recommended) • Different Fee Rate(s) for Residential vs. Non - residential (different rates recommended) • Establish a cap for Maximum Fee (cap not recommended) • Incremental Increases (incremental increases recommended) • Phase -in of fee imposition (phase -in (grace periods) recommended) 02 -27 -2018 Minutes Page - 9 - Recommended Base Rates: • Residential Base Rate of $600 per service unit (about $2,022 per single family house) • Non - residential Base Rate of $100 per service unit (about $5,690 for 10,000 sq. ft. office or $2,440 for 20,000 sq. ft. warehouse Recommended incremental increases in base rates: Residential - Years 1 and 2 - $600 per service unit ($2,022 per house) Residential - Year 3 - $800 per service unit ($2,696 per house) Residential — Year 4 - $900 per service unit ($3,033 per house) Residential — Year 5 - $1,000 per service unit ($3,370 per house) Non - residential — Years 1 -3 - $100 per service unit Non - residential — Years 4 and 5 - $175 per service unit The local development code allows for a one -year delay of assessmi g fees for a lot which has already been platted; staff recommends this be extended to 18 months. For development on a lot for which a preliminary plat was approved prior to adoption of the ordinance won't be charged an impact fee for any complete building permit application submitted within one year after the adoption of the impact fee. Any other development will be charged an impact fee for a complete building permit application submitted after the date of adoption of the ordinance. Several charts were provided reflecting maximum allowable and proposed rates on a variety of buildings (commercial and residential) for Schertz and a number of other Texas cities that impose a roadway impact fee. Most of the cities studied are choosing less than the maximum allowed. It is recommended we do the same. Staff also did a comparison of all development fees (water, wastewater, proposed roadway, etc.) Several examples were provided. Staff recommends charging lower fees than the maximum allowed. Ms. Woodlee, Mr. James and other staff addressed comments /questions from Council. 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. Items 2 and 6 were pulled from consent for individual action. 1. Minutes — Consideration and/or action regarding the approval of the minutes of the regular meeting of February 13, 2018 and the minutes of the Special Council on the Go Townhall meeting of February 20, 2018. (B. James/B. Dennis) 3. Ordinance No. 18 -5 -07 - Consideration and/or action on a request to zone approximately 7 acres of land to Single - Family Residential District -1 (R -1) located approximately 3,000 feet southeast of the intersection of Homestead Parkway and Somervell. Final Reading (B. James/L. Wood/B. Cox) The following was read into record: 02 -27 -2018 Minutes Page -10 - AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING 1 OFFICIAL ZONING BY ! APPROXIMATELY 7 ACRES OF LAND TO SINGLE-FAMILY RESIDENTIAL 1 " 4. - Ordinance No. 18 -S -08 - Consideration and/or action on an amendment of Part III, Schertz Code of Ordinances, Unified Development Code (UDC), Article 9 Section 21.9.9 Tree Preservation and Mitigation. Final Reading (B. James/L. Wood/B. Cox) The following was read into record: 5. Resolution No. 18 -R -23 — Consideration and/or action approving a Resolution authorizing expenditures not to exceed $131,500 per fiscal year, and not to exceed $263,000 cumulatively over the two year contract term, for landscape maintenance of medians, parkways, and public grounds. (B. James/L. Shrum) The following was read into record: RESOLUTION NO. 18 -R -23 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING EXPENDITURES TOTALING NO MORE THAN $131,500 FOR ONE FISCAL YEAR, AND $263,000 CUMULATIVELY OVER THE TWO YEAR CONTRACT TERM, FOR LANDSCAPE MAINTENANCE OF MEDIANS, PARKWAYS, AND PUBLIC GROUNDS. Mayor Carpenter recognized Councilmember Crawford who moved seconded by Councilmember Edwards to approve consent agenda items 1, 3, 4 and 5. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards, Kiser and Crawford voting for and no one voting no. Motion Passed. Discussion and Action Items 02 -27 -2018 Minutes Page - 11 - 2. Ordinance No. 18 -M -09 — Consideration and/or action approving an Ordinance amending and updating the City Council Rules of Conduct and Procedure. Final Reading (M. Carpenter /Council) The following was read into record: I'I "1 1 910 AN ORDINANCE BY THE CITY OF SCHERTZ AUTHORIZING AMENDED THE CITY COUNCIL RULES OF CONDUCT AND PROCEDURE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE Mayor Carpenter recognized Councilmember Edwards who wanted to state for the record, the closed session versus the executive session, the should versus shall; he doesn't want to see us getting in any trouble, so he will be objecting to that particular item inside this particular ordinance. Mayor Carpenter recognized Councilmember Larson who made a motion seconded by Councilmember Gutierrez to approve Ordinance 18 -M -09 final reading. Mayor Carpenter recognized Mayor Pro -Tem Scagliola who asked Councilmember Edwards to clarify the verbiage. Is that the only thing he is objecting to? Councilmember Edwards said he is more concerned about the disparity he is hearing from our sister city. We are home rule, we share the same law firm, we have two different things being said; he is more concerned about that then anything else. He is objecting to the verbiage. He said for years they have had executive sessions and he understands that change comes about. He feels the timing of how it was done as well as the coming out and sharing information was to him sensitive and he doesn't think that was wisdom. This is just his opinion. Mayor Carpenter called for the vote. The vote was 2 -5 -0 with Councilmembers Larson and Gutierrez voting for and Mayor Pro -Tem Scagliola, Councilmembers Davis, Edwards, Kiser and Crawford voting no. Motion Failed. Mayor Carpenter stated since the motion failed the original language will stand. He understands the sentiment of the council. He also stated if he decides he wants to talk about what went on in closed session, he will do so and if this council wants to censure him, feel free to do so as it can only help his re- election efforts. 6. Boards /Commissions /Committee Member Appointments - Consideration and/or action ratifying the appointments of Councilmember David Scagliola, Ms. Susan Beck, Mr. Bill Baldwin, Mr. Johnny Bierschwale and Mr. Don Taylor to the 2018 Hal Baldwin Scholarship Committee. (B. Dennis/Mayor /Council) 02 -27 -2018 Minutes Page -12 - Mayor Carpenter stated on this one he thinks he has a solution to what he thinks might have been a challenge. Mayor Carpenter moved seconded by Councilmember Larson to appoint Mayor Pro -Tem David Scagliola, Ms. Susan Beck, Mr. Bill Baldwin, Mr. Johnny Bierschwale and Mr. Don Taylor and to provisionally appoint Councilmember Crawford to the 2018 Hal Baldwin Scholarship Committee provided there are no objections within the by -laws nor objection from the committee being appointed that the provisional appointment be a standard and regular appointment. The vote was 6 -0 -1 with Mayor Pro-Tent Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards and Kiser voting for and Councilmember Crawford abstaining. Motion passed. 8. Resolution No. 18 -R -22 — Consideration and/or action approving a Resolution authorizing the City Manager to enter into a consent, joinder, and subordination agreement with regard to a waterline easement with Cariari Holdings, Inc. and Central Texas Regional Water Supply Corporation (CTRWSC). (B. James) The following was read into record: RESOLUTION NO. 18 -R -22 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONSENT, JOINDER, AND SUBORDINATION AGREEMENT WITH REGARD TO A WATERLINE EASEMENT WITH CARLARI HOLDINGS, INC. AND CENTRAL TEXAS REGIONAL WATER SUPPLY CORPORATION (CTRWSC). Mayor Carpenter recognized Acting City Manager Brian James who stated the entity just named is trying to acquire a water easement. The landowner has indicated a willingness to turn over dedication documents. Their concern is that if there is an issue or conflict, then it puts them back at square one. Therefore, the point of this is to get on the same page to work out how we will work with them. Mayor Carpenter recognized Councilmember Edwards who moved seconded by Mayor Pro Tem Scagliola to approve Resolution No. 18 -R -22. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards, Kiser and Crawford voting for and no one voting no. Motion Passed. 10. Resolution No 18 -R -21 — Consideration and/or action approving a Resolution authorizing the acceptance of the 2017 Annual Racial Profile Report (D. Wait/M. Hansen/M. Bane) The following was read into record: 02 -27 -2018 Minutes Page - 13 - 11-111, 1 W We . 3101 . P I 1 DMI It I, Mayor Carpenter recognized Police Chief Michael Hansen who provided a PowerPoint presentation regarding the racial profile report. He explained the legal requirement of the report, the data of the report, and also provided some trends /comparisons. Code of Criminal Procedure Article 2.132 requires documentation of the race /ethnicity of anyone detained, issued a citation and arrested. They are required to document if the race was known prior to the stop, if a search was .conducted, if the search was consensual and if there were any complaints or allegations of violation of the law. This information must be presented to city council and the state regulatory agency by the end of February each year. Chief Hansen provided the report that was actually submitted to the state. It contained information on the total number of individuals detained and their race /ethnicity. The most often comparison made is with the census demographics of the jurisdiction. The data here is compared to the 2012 census estimate, which is the most current information they have. They also compare to previous years. From 2014 to 2017, the numbers appear consistent across the board. The remainder of the report answers the questions of: 1) Race/Ethnicity known (3 %), 2) Search conducted (6 %), 3) Search consented (7 %), 4) Complaints (0). Using the data from this report supports the recognition that the Schertz Police Department continues to ethically and impartially enforce the laws and ordinances. Mayor Carpenter recognized Councilmember Davis who moved seconded by Councilmember Gutierrez to approve Resolution No. 18 -R -21. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards, Kiser and Crawford voting for and no one voting no. Motion Passed. Mayor Carpenter stated, before moving on, he was going to take a privilege from the chair and wanted to make sure Council understands what they voted on in Item 2. They were not voting on the Ethics Code but rather the Rules of Conduct and Procedures. What they voted against was Article 2 General Rules with regard to absences from meetings and also Item 3.5 which previously read as `Executive' Sessions. So, whether or not we keep things confidential with regard to closed sessions was not an issue. He wants to make sure they understand that what they voted down was not discussed. 11. Ordinance No. 18 -T -11— Consideration and/or action approving an Ordinance authorizing an adjustment to transfer funds for the Operations Grant in connection with the Ace Mart Restaurant Supply Company Performance Agreement, repealing all ordinances or parts of ordinances in conflict with this ordinance; and providing an effective date. First Reading (B. James /J. Walters/K. Kinateder) The following was read into record: 02 -27 -2018 Minutes Page - 14 - FITS 1 Mayor Carpenter recognized Finance Director James Walters (stepping in for EDC Executive Director Kyle Kinateder) who stated this is a previously approved performance agreement with Ace Mart. This was brought before Council in August 2017 and was approved via Resolution No. 17 -R -74. Due to timing it was not included in the 2017 -18 budget as we were not sure when the company would be ready to comply, so staff decided to withhold allocating funds. Now it looks like they are going to meet those requirements quickly, so this is a budget adjustment to allocate those funds as agreed upon. Mayor Carpenter recognized Councilmember Crawford who moved seconded by Councilmember Gutierrez to approve Ordinance No. 18 -T -11. The vote was unanimous with Mayor Pro-Tent Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards, Kiser and Crawford voting for and no one voting no. Motion Passed. Mayor Carpenter stated as a matter of procedure, if anyone of council in the majority would like to go back (make a motion to reconsider Item No. 2) he will certainly consider that before the close of the meeting. 12. Resolution No. 18 -R -25 - City Policies — Consideration and/or action approving a Resolution approving Employee Policies related to Employee Conduct and Discipline in the Workplace. (D. Wait) - Prohibition on Harassment (Council approval required) The following was read into record: RESOLUTION NO. 18 -R -25 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING AN EMPLOYEE POLICY RELATED TO EMPLOYEE CONDUCT AND DISCIPLINE IN THE WORKPLACE AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Executive Director Dudley Wait who stated HR Director Jessica Kurz would be presenting some information on this item. Ms. Kurz stated the policy that came before council at an earlier meeting was designed to mirror the city's existing policy which is limited in scope to only those classes that are 02 -27 -2018 Minutes Page -15 - currently protected by federal or state law. Based on some of the comments made, staff went back and made some revisions. The revised version before you this evening includes sexual orientation and gender identity as part of the harassment policy. They wanted to present this to Council for consideration before rolling it out to staff for training. Mayor Carpenter recognized Councilmember Kiser who thanked Ms. Kurz for adding that into the policy. She recognizes that it goes above the minimum, but she thinks it is important. Mayor Carpenter recognized Councilmember Edwards who moved seconded by Councilmember Kiser to approve Resolution No. 18 -R -25. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards, Kiser and Crawford voting for and no one voting no. Motion Passed. Roll Call Vote Confirmation City Secretary Brenda Dennis provided the roll call votes for Items 1 -12. Mayor Carpenter stated the next item on the agenda is the closed session and they will be postponing that until the next council meeting. Closed Session 13. City Council will meet in closed session under section 551.071 of the Texas Government Consultation with the City Attorney regarding pending or contemplated litigation. • GVSUD vs. City of Schertz • TCEQ Formal Protest GVSUD Wastewater Discharge Permit • Public Utility Commission- Request to remove GVSUD CCN area within City of Schertz city limits • EEOC Claim— Former Employee Michael Harris • SSLGC vs. Clean Green Inc. (Post Oak Landfill) • Former Employee Scott Ristow vs. City of Schertz Reconvene into Regular Session 13a. Take any action based on discussions held in closed session under Agenda Item 13. No action taken as this item was postponed to the next council meeting. Roll Call Vote Confirmation Workshop • Discussion regarding a request from the City of Seguin to resell-water to third parry wholesalers. (D. Wait) 02 -27 -2018 Minutes Page - 16 - Mayor Carpenter recognized Executive Director Dudley Wait who stated in late January Mayor Carpenter received a letter from Mayor Keil in Seguin requesting permission to directly sell SSLGC water to New Braunfels Utilities from the City of Seguin. The founding documents of SSLGC only allows partners to sell water wholesale if all three parties agree to allow it. Therefore, the funding model from the founding documents drive this. Mr. Wait stated he doesn't have all the pieces of information yet for Council to make a decision tonight. They are still waiting on rate modeling if Seguin were to do it versus SSLGC. Staff is slated to review this information this Friday. Therefore, he will probably be back with this item/information at the March 13"' meeting for council to either approve or not approve Seguin's request. Mr. Wait explained the pricing model which included the following: • O &M Costs — All SSLGC water customers pay the same O &M rate. • Debt Payments — Everyone who contributes to SSLGC debt payments are subtracted from the total. The remaining amount is split 50/50 between the two partners. • Effective rates — Effective rates for Schertz and Seguin differ greatly due to water consumption driven by population and industry. A chart was provided showing the different amounts of water consumption by the two cities. Up until recently, the partnership has been viewed as 50150 only. Any additional water sales benefit all buyers through a lower O &M cost. If a partner sells the water, an additional benefit exists due to sharing their 50% portion of debt payment. Questions are: 1) Does this partner wholesale arrangement harm the other partner in any way? 2) Are mechanisms in place to insure neither partner is harmed? 3) If this door is opened, are mechanisms in place to insure the option is available to both partners? Mr. Wait addressed questions and comments from Council. Mr. Ken Greenwald also came forward to speak. He was an original member of the crew who started this organization and he has been involved in it for over 15 years. He said the main concern is by 2023 or 2024 are we going to be completely out of water? Is another city going to be able to support us? There are too many `ifs' in it this is what the board sees right now. They will be bringing more information back to council as they get it. Mayor Carpenter recognized Councilmember Davis who made a motion to reconsider Ordinance No. 18 -M -09 (Item 2). The motion was seconded by Councilmember Larson. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards, Kiser and Crawford voting for and no one voting no. Motion Passed. 2. Ordinance No. 18 -M -09 — Consideration and/or action approving an Ordinance amending and updating the City Council Rules of Conduct and Procedure. Final Reading (M. Carpenter /Council) The following was read into record: 02 -27 -2018 Minutes Page - 17 - J: I 1 Mayor Carpenter recognized Councilmember Davis who asked if they got confused on this item earlier? He remembers three items proposed by the mayor and council recommended two of those and those are the two that are reflected in this item tonight — correct? Mayor Carpenter concurred. He stated they were not taking up the Ethics Code. Councilmember Edwards stated the only concern he had was the 3.5 (changing Executive to Closed). Mayor Carpenter explained his reason for requesting that change is that in the Texas Open Meetings Act there is no reference made to Executive Sessions in the law; only Closed Sessions. Mayor Carpenter recognized Councilmember Davis who moved seconded by Mayor Pro Tem Scagliola to approve Ordinance No. 18 -M -09 final reading. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards, Kiser and Crawford voting for and no one voting no. Motion Passed. Roll Call Confirmation City Secretary Brenda Dennis provided the roll call votes for Item 2. Mayor Carpenter stated, for clarification, it is definitely correct for us if we wish to reconsider (to make a motion to reconsider) an item within the same meeting. Once the meeting has been adjourned and closed, bringing it back afterward, (it being a final reading), then Bullet 48 of the Rules of Conduct would apply, which reads that majority rules once a vote is taken. Therefore, it is very important to reconsider an item within the confines of that same meeting. Mayor Carpenter also stated there is no need for the closed session listed on the agenda; that item will be rescheduled at a subsequent council meeting. His understanding is that they had updates to go through on that item. Requests and Announcements 14. Announcements by the Acting City Manager. Mayor Carpenter recognized Acting City Manager Brian James who stated staff attempted to adjust the agenda order this time, as normally they do not split work sessions. This was done to try and accommodate certain individuals, so they wouldn't have to sit through the whole meeting for just their one item. Staff will continue to work with this concept, see how it turns out and would appreciate any feedback from Council as to the results. 02 -27 -2018 Minutes Page -18 - 15. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Mayor Carpenter recognized Mayor Pro -Tem Scagliola who stated he thinks they need to have an agenda item to discuss hiring a new city manager. Specifically, staff needs guidance on what Council is looking for and how to go about getting it. Mayor Carpenter stated that on our next agenda we need to have a closed session to discuss the appointment of a new city manager. This council needs to come together on what we are looking for, so we can all get on the same page. Mayor Carpenter recognized Councilmember Crawford who requested an item on the agenda where council can discuss how to be more transparent and pass on information more clearly. Mayor Carpenter suggested having a workshop where council discusses transparency in a general manner. This will be put on the next meeting as well; a general conversation with regard to governmental transparency. Mayor Carpenter recognized Councilmember Larson who asked why the discussion of what they are looking for in the selection of a new city manager would take place in closed session. Mayor Carpenter stated they would be discussing the appointment /assignment, etc.—it is what we have done in the past. However, it doesn't have to be in closed session. Council would be discussing, in general, what are we looking for? What do we want to advertise for? It is a first step. He recommends closed session. 16. 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 Mayor Carpenter recognized Councilmember Gutierrez who stated this past weekend he ran in the Project Warrior 5K run. Looking at these veterans, they are injured/wounded, but their spirt is still intact and God bless the people who put this event together. Mayor Carpenter stated he was also at that event which is a partnership between the City of Schertz, Selma, and Operation Comfort –the 8th year. It is a great event. 17. Information available in City Council Packets - NO DISCUSSION TO OCCUR • Update regarding weekend bandit sign pick up. (D. Wait/E. Spradling/T. Brooks) • Mayor and Council compensation adjustments. (B. James /J. Walters) • Traffic update regarding intersection at Elbel Road and Westchester. (D. Wait/M. Hansen) (Information requested by Mayor Pro -Tem Scagliola) 02 -27 -2018 Minutes Page -19 - Update regarding the drainage /flooding issues in Northern Schertz (break way gate at Scenic Hills Subdivision. (D. Wait/J. Hooks/D. Letbetter) (Information requested by Councilmember Larson) • Schertz Master Calendar update. (S. Gonzalez) Adiournment As there was no further business, Mayor Carpenter adjourned the meeting at 10:00 p.m. O chael R. Carpenter, Mayor /ATTEST: nda Dennis, City Secretary 02 -27 -2018 Minutes Page - 20 -