Loading...
03-13-2018 MinutesMINUTES REGULAR MEETING March 13, 2018 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on March 13, 2018, 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 Mark Davis Councilmember Scott Larson Councilmember Angelina Kiser Staff Present: Executive Director Dudley Wait City Attorney Dan Santee Mayor Pro -Tem David Scagliola Councilmember Ralph Gutierrez Councilmember Cedric Edwards Councilmember Bert Crawford Acting City Manager Brian James Assistant to the City Manager Sarah Gonzalez City Secretary Brenda Dennis Call to Order — City Council Regular Session Mayor Carpenter called the regular meeting to order at 6:00 p.m. Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. ( Councilmember Larson) Mayor Carpenter announced if any student is in attendance this evening observing the meeting for the Hal Baldwin Scholarship, the sign -up sheet is in the vestibule; be sure to sign in if you are here for that purpose. Presentation Presentation regarding the Planning Excellence Award. (B. James /L. Wood) Mayor Carpenter recognized Senior Planner Bryce Cox who stated he wanted to present the Certificate of Achievement for Planning Excellence which was presented to the City for 2017. He read a letter (addressed to the Mayor) from the Texas Chapter of the American Planning Association which elaborated on the specific goals met and or exceeded by the city's Planning Staff, and city leadership. The award represents the city's commitment to `planning' as a whole, not just staff. This is the fourth year in a row that the City has been recognized. Mayor and Council congratulated the staff. Plaque presentation regarding Project Warrior. ( Councilmember Gutierrez/Mayor) Mayor Carpenter recognized Councilmember Gutierrez who stated that on February 24ffi he and several others participated in the Selma- Schertz Salute to Service Members 5K "Operation Comfort" Run, held at the Bluebonnet Palace. Councilmember Gutierrez presented a plaque to the Mayor for 8 years continued support. 03 -13 -2018 Minutes Page - 1 - Employee Recognition Mayor Carpenter stated that each new employee will have an opportunity to say something, but it is not required. • Business Office - Stacey Babb — Utility Billing Clerk • Library — Pamela Kurczewski — PT Library Circulation Clerk • Police — Diane Deluca & Brandi Brinkman — Communication Officers ® Fleet and Facilities Services — Wyatt "Todd" Buckingham — Facilities Manager and Eric Brown — Fleet Mechanic 1 Each department supervisor provided a brief bio to council on their new employee(s). New employees thanked the Council for the opportunity to serve the city. Mayor and Councilmembers welcomed the new staff members aboard. 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: Spring Cleanup Continuing through Sunday, March 25h Drop -off location 125 Pecan Drive 8:00 a.m. — 5:00 p.m. each day Wednesday, March 14" Blood Drive 7:45 am - Noon Parking Lot — of Community Center For more information, contact Kellie Burnam X 1430 Saturday, March 17' Music in the Park 1:00 pm - 4:00 pm Pickrell Park Live music from Ravenmoor, a traditional Celtic band. Tuesday, March 2011 Birdie Walk 8:00 am Crescent Bend Nature Park Annual Employee Remembrance Day 11:30 a.m. 10 Commercial Place (Outside Public Works Bldg.) Annual event where we remember city employees who have served 10 or more years and have passed away. 03 -13 -2018 Minutes Page - 2 - Thursday, March 22 °d 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. Friday, March 23rd Pre - Budget Retreat for City Council 8 :30 am Civic Center Tuesday, March 27th Rocket Feed Grand Opening 5:00 p.m. to 5:30 p.m. 602 Main Street Lastly, the Hal Baldwin Scholarship is open, and we are now accepting applications; for more information go to Schertz.com. The City encourages any high school senior that is a resident of Schertz who may want to consider public service as a career to apply. If there are students who arrived this evening late there is a sign in sheet in the foyer. Announcements and recognitions by the Acting City Manager (B. James) No announcements were provided. Announcements and recognitions by the Mayor (M. Carpenter) No announcements were provided. Hearing of Residents Mayor Carpenter recognized the following individuals who spoke: • Ms. Michele Tereletsky, 705 Marilyn Drive, who continued speaking to City Council regarding the First Amendment. She stated that she spoke on this before and nothing has come out from Council yet. • Mr. Richard Elder, 4317 Willow Oak, who stated that when he went online to the www.schertz.com website he was unable to find information about the proposed zoning change as referenced in Item 2. He suggested that when a zoning change is happening, information should be loaded to the website so citizens can pull up the data. He also stated it was great to have the full packet of information on all the agenda items for each meeting. Lastly, he pointed out that the information regarding the zoning case for this evening references the southeast corner; it should be the southwest corner. • Ms. Mi Lunn, 805 Aero Avenue, spoke on recent burglaries in her neighborhood and at her residence. She also stated someone was taking her mail which she has reported to the Post Office. Mayor Carpenter suggested she speak with our Police Chief Michael Hansen or Executive Director Dudley Wait, both of whom were here tonight. 03 -13 -2018 Minutes Page - 3 - ® Mr. Grumpy Azzoz, 528 Wayward Pass who spoke about some of our veterans who are involved with sporting events and have participated in places like Russia, South Korea, and Japan. He always holds annual fundraisers for them and will do so again on April 23. He also stated today it has been 2 years, 2 months, and 20 days to be exact since we lost a great local businessman, Mr. (Henry) Gutierrez. People keep asking him about any more progress on finding his assassin. We have put out a reward for information, hired a PI, etc. Meanwhile, the family and his friends have had no closure and he feels we have failed Mr. Gutierrez and that we are not getting anywhere. He is asking Council, as a body, to start asking some questions and get some answers. Workshops ® Resolution 18 -R -26- CAFR FY2016 -17 - Presentation and consideration and/or action approving a Resolution authorizing the approval of the Comprehensive Annual Financial Report. (B. James /J. Walters/D. Fraser) Mayor Carpenter recognized Finance Director James Walters who introduced City Auditor Debbie Fraser from Armstrong Vaughn and Associates who provided a PowerPoint presentation and went through the Comprehensive Annual Report data providing the highlights and answering questions from Council. Mayor Carpenter encouraged Councilmembers to take time to look through the report again and if they have more questions /concerns to contact Mr. Walters or Ms. Fraser. Mayor Carpenter recognized Councilmember Edwards who moved seconded by Councilmember Gutierrez to approve Resolution No. 18 -R -26. 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 moved to the consent items section of the agenda. Consent Agenda Items Mayor Carpenter recognized Councilmember Edwards who stated he would like agenda item 2 removed for separate action noting the correction made to the ordinance that it should be the southwest corner and not the southeast corner, as mentioned by Mr. Elder. Mayor Carpenter recognized Mayor Pro -Tem Scagliola who stated it is the southeast corner; Live Oak Road ends at FM 3009, the other side of the street is Dietz, if you look at the orientation of the street itself it runs northwest to southeast. He doesn't believe a correction needs to be made. Mayor Carpenter stated that in either case, Mr. Santee, if we have misidentified a corner or not, is it a material problem if we proceed? City Attorney Dan Santee stated that if the legal description on the ordinance that is being passed is correct, that is what we look to. This is for notice and he doesn't believe there is any confusion as to what area we are talking about and they also post signs on the property. Mayor Carpenter recognized Acting City Manager Brian James who stated in talking to staff, and he appreciates Mayor Pro -Tem Scagliola' s comment on where the road ends, staff feels 03 -13 -2018 Minutes Page - 4 - like they errored, that more accurately if we are trying to describe it for a particular resident they would describe it as the southwest corner. If pulled from consent, we can make reference to approval of it being on the southwest corner. He believes that no one was confused as to where the property was that is up for rezone and it is not a procedural issue. Again, with the nod of approval we will reference the southwest corner. City Attorney Santee stated that if council was going to make a specific change, then it should be pulled from consent for separate action. Mayor Carpenter stated, with that said, item 2 will be pulled off consent and considered separately. Mayor Carpenter recognized Councilmember Crawford who moved seconded by Councilmember Larson to add agenda items 11 and 12 to consent. 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 that now items 11 and 12 will be added to the consent agenda. 1. Minutes — Consideration and/or action regarding the approval of the minutes of the regular meeting of February 27, 2018. (B. James/B. Dennis) 3. 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. Final Reading (B. James /J. Walters/K. Kinateder) The following was read into record: ORDINANCE NO. 18 -T -11 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS 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 4. Boards, Commissions and Committee Member Resignations — Consideration and/or action accepting the resignation of Mr. Ron Washington from the Parks and Recreation Advisory Board. (B. Dennis/Mayor /Council) Approval of the resignation of Mr. Ron Washington from the Parks and Recreation Advisory Board. 5. Resolution No. 18 -R -32 — Consideration and/or action authorizing the Acting City Manager to enter into an amended agreement with Physio- Control, Inc. for the lease- purchase of one (1) patient care monitor /defibrillator. (D. Wait/K. Long /J. Mabbitt) 03 -13 -2018 Minutes Page - 5 - The following was read into record: I'�1F.Y1] � ITY [I7►�►[��i F:�:aCI►a 6. Resolution No. 18 -R -31 — Consideration and/or action approving a Resolution authorizing the submission of a grant application in an amount up to $92,203.00 to the Office of the Governor, Homeland Security Division, for the State Homeland Security Grant Program (HSGP). (D. Wait/K. Long) The following was read into record: I a will 11110 111900010Y.3 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION IN AN AMOUNT UP TO $92,203.00 TO THE OFFICE OF THE GOVERNOR, HOMELAND SECURITY DIVISION, FOR THE 2018 STATE HOMELAND SECURITY GRANT (HSGP) PROGRAM; AND AUTHORIZING THE ACCEPTANCE OF THE FUNDS, UPON AWARD. 7. Resolution No. 18 -R -33 — Consideration and/or action appointing members to the Alamo Area Council of Governments Regional Emergency Preparedness Advisory Committee (REPAC). (D. Wait/K. Long) The following was read into record: RESOLUTION NO. 18 -R -33 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPOINTING MEMBERS TO THE ALAMO AREA COUNCIL OF GOVERNMENTS REGIONAL EMERGENCY PREPAREDNESS ADVISORY COMMITTEE AND OTHER MATTERS IN CONNECTION THEREWITH 11. Resolution 18 -R -28 - Consideration and/or action approving a Resolution authorizing Sanitary Sewer Easement Agreements with Schertz- Cibolo - Universal City Independent School District and San Antonio One and San Antonio Three Limited Partnerships for the use, benefit, and control of the City of Schertz for the construction and maintenance of a wastewater line along Wiederstein Road. (B. James/K. Woodlee) 03 -13 -2018 Minutes Page - 6 - The following was read into record: 12. Resolution 18 -R -29 - Consideration and/or action approving a Resolution authorizing a Water Line Easement Agreement with Schertz - Cibolo - Universal City Independent School District for the use, benefit, and control of the City of Schertz for the construction and maintenance of a water line through the Samuel Clemens High School property. (B. James/K. Woodlee) The following was read into record: RESOLUTION NO. 18 -R -29 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING AND AUTHORIZING A WATERLINE EASEMENT AGREEMENT THROUGH THE SAMUEL CLEMENS HIGH SCHOOL CAMPUS FROM THE SCHERTZ- CIBOLO- UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Councilmember Crawford who moved seconded by Councilmember Gutierrez to approve consent agenda items 1, 3, 4, 5, 6, 7, 11 and 12 as stated. 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. Discussion and Action Items 2. Ordinance No. 18 -5 -10 — Consideration and/or action on a request to rezone approximately 1.5 acres of land from Single - Family Residential District (R -1) to Office and Professional District (OP) located approximately 220 feet southeast of the intersection of E. Live Oak Road and FM 3009. Final Reading (B. James/L. Wood/E. Grobe) The following was read into record: ORDINANCE NO. 18 -5 -10 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING 03 -13 -2018 Minutes Page - 7 - • '' • / 1 / I / I R Mayor Carpenter moved seconded by Councilmember Edwards to approve Ordinance No. 18 -5 -10 on final reading with the correction of the designation of the proper corner as identified by staff. The vote was unanimous with Mayor Pro -Tem Seagliola, Councilmembers Davis, Gutierrez, Larson, Edwards, Kiser and Crawford voting for and no one voting no. Motion Passed. 8. Resolution No. 18 -R -27 — Consideration and/or action approving a Resolution authorizing the appointment of Mr. Charles Kelm to the Schertz- Seguin Local Government Corporation to fill the vacancy of Mr. Andrew Hunt, term to expire December 31, 2020. (D. Wait) The following was read into record: 113120 99AVO 9 No 1 I I I ] WIN an 1 Mayor Carpenter recognized Executive Director Dudley Wait who stated Mr. Andrew Hunt, who was appointed in 2016 has moved out of the city. The term has about three years left - - -it will end at the close of 2020. They are recommending Mr. Charles Kelm who is an Air Force Veteran and trained Engineer. He wishes to become involved in the community. Mayor Carpenter recognized Councilmember Edwards who moved seconded by Councilmember Scagliola to approve Resolution No. 18 -R -27. 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. 9. Resolution No. 18 -R -20 — Consideration and/or action approving a Resolution authorizing the Acting City Manager to execute and deliver a contract with CityView, an unincorporated division of N. Harris Computer Corporation, in an amount not to exceed $629,586 related to software and implementation services for a Community Development System. (B. James/M. ClauserB. Cox) The following was read into record: RESOLUTION NO. 18 -R -20 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ACTING CITY MANAGER TO ENTER INTO A CONTRACT WITH CITYVIEW, AN UNINCORPORATED DIVISION OF N. 03 -13 -2018 Minutes Page - 8 - Mayor Carpenter recognized Senior Planner Bryce Cox who stated this is something that is going to work citywide for all of the departments that deal with development including the code enforcement department. Some of the current problems staff experiences are that the processes are complicated and not clearly defined, information is not in a centralized repository, they must deal with manual processes and paper hardcopies and there is limited self -help and online convenience for our customers. Solutions include clarification and ease in development processes and convenience to the customer. Customers can file complaints, apply for permits, pay fees and check their project status. This eliminates them from having to physically come in to city hall. All the data is centralized and automated. It will also minimize errors and improve project timelines. Code enforcement will be improved, and customer complaints can be tracked. Using this system will improve customer service and timelines overall. The total project will cost $714,086 over the next 5 years. The CityView contract for five years is $629,586. The first -year expenses are projected to be $523,766. The first -year expenses will include licensing, implementation, first year maintenance, server hardware, user hardware, and Incode customization. Questions were addressed from Council. Mayor and Council provided comments about the proposed contract and software. Mayor Carpenter suggested to Council that they go out on the website and do some search on the software. Mayor Carpenter recognized Councilmember Scagliola who moved seconded by Councilmember Kiser to approve Resolution No. 18 -R -20. 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 moved to agenda item 14. 14. Resolution No. 18 -R -30 — Consideration and/or action approving a Resolution approving a Resolution approving a request for a Historical Incentive Program for the Main Street Area Grant for 533 Main Street. (B. James) The following was read into record: RESOLUTION NO. 18 -R -30 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING A REQUEST FOR A HISTORICAL INCENTIVE PROGRAM FOR 03 -13 -2018 Minutes Page - 9 - I, Mayor Carpenter recognized Acting City Manager Brian James who stated this program is an incentive to help property owners revitalize their buildings located on Main Street. Some prior grants have been issued for both commercial and residential. This particular property is the building that Bexar Waste had occupied. The grant is up to $20,000, so the owner will pay $20,000 and the City will match that. Mayor Carpenter recognized Councilmember Edwards who moved seconded by Councilmember Kiser to approve Resolution No. 18 -R -30. The vote was unanimous with Mayor Pro -Teen Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards, Kiser and Crawford voting for and no one voting no. Motion Passed. Mayor Carpenter moved to closed session at 7:42 p.. Closed Session 19. 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 • GVSUD vs Texas Public Utility Commission and the City of Schertz Reconvene into ReLyular Session Mayor Carpenter moved back into regular session at 8: 06 p.m. 19a. Take any action based on discussions held in closed session under Agenda Item 19. No action was taken® Mayor Carpenter moved back to the regular discussion items and moved to item 10. 10. Ordinance No. 18 -M -13 — Conduct a public hearing and consideration and/or action approving an Ordinance amending the Code of Ordinances of the City of Schertz by PH adopting Chapter 78, Article VII: Roadway Capital Recovery Fees, and to adopt a roadway impact fee that may be imposed for roadway facilities in the City. The maximum assessable impact fee per service unit is $1,647.53 in Service Area 1, $1,327.89 in Service Area 2, $1,044.48 in Service Area 3, and $2,392.72 in Service Area 4. City Council may impose impact fees per service unit less than or equal to those maximum amounts. First Reading (B. James/K. Woodlee) The following was read into record: ORDINANCE NO. 18 -M -13 03 -13 -2018 Minutes Page -10 - Mayor Carpenter recognized City Engineer Kathy Woodlee who stated she had previously briefed Council on Roadway Impact fees explaining some of the policies and recommendations from the Capital Improvements Advisory Committee. She introduced Eddie Haas from Freese and Nichols, the engineering consultant who has prepared the capital improvement plans, the land use assumptions and the capital recovery plan that sets forth and goes into the calculations and basis for the actual maximum assessable fees that were determined. He will be explaining those numbers and answering any questions Council has. Mr. Haas explained the program and its basis via a PowerPoint presentation. Mr. Haas stated the next step is to approve this on final reading; if the council does not approve it, then it is a moot point. If tonight council can not come to an agreement or resolution they might want to consider holding open the public hearing to a date specific if it is something that could be considered, if you close the public hearing, you will have to repost. Mayor Carpenter opened the public hearing and recognized the following who spoke: • Mr. Glen Outlaw, 3729 Forsyth Park, who spoke about keeping Schertz an affordable place to live. Another thing to consider is the cost of owning a home; the purchase price is one - piece, you get a mortgage and you start making payments. The other piece of owning a home is property taxes. He would like to see a way to lessen the burden. He stated what you see in the roadway impact fees is a way to lessen that tax burden on all the tax payers of Schertz, existing and new. He stated that if they chose not to do this we are going to take the whole $229,000,000 amount and drop it on the tax payers. You are now increasing the cost of owning a home in Schertz for everyone in the city vs. if you implement these roadway impact fees, yes there is an initial upfront charge to the new homeowner, but you take the long look. Theoretically, you would keep those property taxes a little bit lower, rather having to share the higher tax burden down the road. He understands concerns about the price of new houses but feels consideration must be given to those owners who are already here and their potential tax liability if we don't do this. 03 -13 -2018 Minutes Page - 11 - ® Mr. Richard Elder, 4317 Willow Oak, who stated it is important to have a mechanism to pay for the roadways that go into a new development. However, he thinks the cost should be more realistic. Mayor Carpenter closed the public hearing for Council comments and input. Mayor Carpenter recognized Councilmember Larson who stated originally, he came out against this, but tried to keep an open mind. He met with P &Z and CIAC; he did incredible research on how this impacts others within the city. He stated that it may be a real possibility and necessity, but he still has concerns, not a holistic approach. He stated staff did an exceptional job. There is a need for involvement in infrastructure — a valid strong case and need. The staff and committee did a good job; need more time to go over the policy. He had questions on what percentage we are going to implement and to do this and how it will impact other policies. New construction is going to go up, the cost of homes will go up. He stated the developer isn't going to pay their fair share, it is a user -based fee. Reality — it's a one -time fee, new neighborhood appraised value of already built will go up. He questioned what if we get another Amazon, employees will not be able to live here. His concern is that fees tilt the scale for small new businesses; they won't get the same, this needs a holistic discussion. Councilmember Larson continued providing pro's and con's. Mayor Carpenter recognized Councilmember Edwards who stated that when a developer comes to the community, the land buyer looks at how many houses can be placed, they conduct a proforma together to put prices on homes. He agrees this doesn't fix our problem if we ignore it. Yes, it hurts; who is going to pay? He stated we are here to make a decision based on the information we are given at the time going forward to help future generations. He feels Councilmember Larson's pain and what's been vetted by different departments and committees. Mayor Carpenter reminded Council last time this was discussed to remember when we removed the smaller lots — we were killing development; developers came and told us that. Development continued. People know the products of Schertz. Councilmember Larson's research that was done, he understands what the cities have done around us in redoing the impact fees. We realize we have to do something, we can't say analyze analyze, analyze; at that point we get into analysis paralysis. We have to do something, we have to make a decision. Mayor Carpenter recognized Councilmember Davis who stated that he admired Councilmember Larson's passion of this topic and the topic of taxes. He remembers last year talking in their budget retreat we were talking about the budget formulation and we went down a different path last year with looking at things that were done below the cut line. His comment back then was, not a fan of raising taxes, but he is a fan of doing what's right for the city. Sometimes that's making that hard decision of increasing taxes. Tonight, we looked at approving our performance with the new planning software, that's well over half a million dollars. He also has concerns regarding the roadway impact fees but feels it is necessary and the right path to go. He does have concerns regarding residential rates vs. non - residential rates, but we have done a good job of balancing it out — the bottom line. We have had discussions on all the different fees that will impact Schertz going forward and we 03 -13 -2018 Minutes Page -12 - will keep going down that path and maybe have to tweak it going forward, but he is sure we are going to have other discussions down the road with forth coming budget retreats how this plays out in the growth of the city and how it plays out on other financial aspects such as our tax rate on the city. Mayor Carpenter recognized Councilmember Gutierrez who stated we find ourselves at a fork in the road. Who is going to pay for it, developers or residents, one or the other. If developers pay for it, it's a one -time fee, if residents are paying, then every year we are going to have to pay, pay, pay, it never stops. Even if we charge 25% the residents still have to pay the other 75% to fix the roads. It's still not an even balance there. In service area three that was shown, that is still not enough to fix the roads. Residents are still going to have to pay. Councilmember Gutierrez provided examples of commercial people that had to pay in Cibolo stating they were pretty high. Businesses will still come, it's the price of doing business and he doesn't think it will have much of an impact in Schertz if we have roadway impact fees. Mayor Carpenter recognized Councilmember Scagliola who moved seconded by Councilmember Crawford to approve Ordinance 18 -M -13 first reading. The vote was 6 -1- 0 with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Edwards, Kiser and Crawford voting for and Councilmember Larson voting no. Motion Passed. Mayor Carpenter stated that this was for first reading and it will come back on final reading at our next meeting. Mayor Carpenter recognized Acting City Manager Brian James who stated that we are evaluating with regard to one of the roads that was not included in the CIP because it was built and accepted by a developer, but the development of those homes has not started. We will make some slight adjustment to the language in the ordinance based on some discussions going back to make it a little fairer. Mayor Carpenter stated again, this will be on final reading at the next meeting and that the sentiment of Council that he has heard over the time we have had this discussion, this is something we are going to want to review on a regular basis. Something we are going to want to keep our eye on and something we are going to make sure it is working the way we intended it to work, if there are any unforeseen consequences or cascading effects we are going to keep our eye on it and talk about it when they come up. Acting City Manager Brian James gave credit to the Planning and Zoning Commissioner, Mr. Richard Braud who has been the strongest advocate of having a more in -depth discussion about impact fees as part of our semi - annual updates. We will continue to have these conversations moving forward. Mayor Carpenter moved to closed session at 9:03 p.m. Closed Session 17. 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 03 -13 -2018 Minutes Page -13 - 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. Reconvene into Regular Session Mayor Carpenter moved back into regular session at 9:26 p.m. 17a. Take any action based on discussions held in closed session under Agenda Item 19. No action was taken. Councilmember Edwards left the meeting at 9:26 p.m. Mayor Carpenter moved back to the regular discussion items and moved to item 13. 13. Resolution No. 18 -R -24 — Consideration and/or action approving a Resolution authorizing the Acting City Manager to enter into an Agreement with the City of Seguin and the Schertz Seguin Local Government Corporation (SSLGC) regarding the sale of excess SSLGC water (D. Wait) The following was read into record: RESOLUTION NO. 18 -R -24 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ACTING CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE CITY OF SEGUIN AND THE SCHERTZ SEGUIN LOCAL GOVERNMENT CORPORATION (SSLGC) REGARDING THE SALE OF EXCESS SSLGC WATER AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Executive Director Dudley Wait who stated On January 31, 2018, Mayor Carpenter received a letter from City of Seguin Mayor Keil requesting the City of Schertz's approval for the City of Seguin to sell its share of excess SSLGC water to a 3rd party wholesaler. The approval of the other city and SSLGC is required by the original agreement between both cities that formed the corporation if a city desires to directly sell SSLGC water to a 3rd parry wholesaler. Since 1999, anytime a 3rd parry wholesaler approached either city, that city would work with the wholesaler in an attempt to have this sale come from SSLGC. This is the first time either city has requested approval to sell SSLGC water to another party. 03 -13 -2018 Minutes Page - 14 - Seguin city staff discussed the possibility of this request with Schertz staff in November 2017. During discussions, Schertz staff repeatedly expressed concerns with either partner selling SSLGC water. Schertz expressed our desire to see the 50 -50 partnership continue as it was originally set out in the 1999 agreement, but Seguin's concern was that this was already not occurring because of the difference in the amount of water each City was currently consuming. Seguin's position was selling additional. water to other entities from the excess water available in their share would actually provide Seguin benefits closer to the ones enjoyed by Schertz (specifically lower effective water rates for SSLGC water due to greater water sales). Throughout continued discussions, both cities have been able to come to an agreement that includes the following items: 1. If either partner City desires to sell excess water to a new 3rd party wholesaler, they may do so by notifying the other City and SSLGC of the proposed sales contract. 2. If a current SSLGC customer desires to purchase additional water, both cities will work to have SSLGC sell the additional water, if excess water is available. 3. If either city anticipates that they will need more water than their annual allotment SSLGC can utilize excess water from the other city to meet this demand (not spoken of in original 1999 agreement). 4. Both cities agree that SSLGC impact fees shall be used to construct a second water take point for Schertz located in south Schertz at the location of our future elevated storage tank. This construction will be done when Schertz requests it which will likely be in conjunction with the construction of the parallel pipeline. If Seguin moves forward selling SSLGC water it will provide a much greater benefit in current rates to Seguin as compared to Schertz, however, this agreement does allow Seguin to attempt to achieve an effective rate closer to the one Schertz enjoys. Additionally, it insures that current SSLGC customers will continue to work with SSLGC and that any customers that Seguin or Schertz can contract with will have an overall benefit to the entire organization. Staff recommends City Council authorize entering into the proposed agreement between Schertz, Seguin and SSLGC that provides direction for future excess water sales and for a second water take point for Schertz. Mr. Wait addressed concerns and questions council had. Mayor Carpenter recognized Councilmember Kiser who moved seconded by Councilmember Scagliola to approve Resolution No. 18 -R -24. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Kiser and Crawford voting for and no one voting no. Councilmember Edwards was absent. Motion Passed. 03 -13 -2018 Minutes Page - 15 - Mayor Carpenter recognized Councilmember Larson who called for a point of procedure. Mayor Carpenter answered raise your point. Councilmember Larson asked if there was anything remaining on the agenda requiring action by Council tonight, he doesn't believe there is but wanted to clarify this? Mayor Carpenter answered with, he does have to go back with a couple of things. There is a discussion workshop regarding Phase H Park Fees that is not on for action. Councilmember Crawford has asked that we postpone item 15, Workshop Discussion regarding governmental transparency, since it was his item that was requested, and he encourages council to grant that request. Item 16 is discussion only: Discussion regarding a proposed Ordinance authorizing a Franchise Agreement with Guadalupe Valley Electric Cooperative (GVEC). On action listed on item 16. The last remaining item we have is the additional closed session to begin discussing the appointment or the seeking of a new City Manager, and that could be for action, but he suspects we would not be at this point. Mayor Carpenter stated that is not exactly a procedural question nor procedural answer, but he chose as the chair to answer it anyway. Councilmember Larson stated that he thought there would be grace from the chair and made a motion to adjourn seconded by Councilmember Kiser. Mayor Carpenter stated that effectively we would not take up the remaining four items and would ask staff to roll them to the next agenda; procedurally that is not problematic. Mayor Carpenter stated he has a motion and a second and called for the vote. The vote was 5 -1 -0 with Councilmembers Davis, Gutierrez, Larson, Kiser and Crawford voting for and Mayor Pro -Tem Scaghola voting no. Councilmember Edwards was absent. Motion Passed. Adi ournment As there was no further business, Mayor Carpenter adjourned the meeting at 10:10 p.m. R. Carpenter, Mayor ATTEST: Brenda Dennis, City ecre ary 03 -13 -2018 Minutes Page - 16 -