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06-26-2018 MinutesMINUTES REGULAR MEETING June 26, 2018 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on June 26, 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: Finance Director James Walters Call to Order — City Council Regular Session Mayor Pro -Tern David Scagliola Councilmember Ralph Gutierrez Councilmember Cedric Edwards Councilmember Bert Crawford Acting City Manager Brian James City Secretary Brenda Dennis 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. (Mayor Pro -Tern Scagliola) Presentations ® Proclamation designating July as Park and Recreation Month. (M. Carpenter) Mayor Carpenter read and presented the proclamation regarding the designation of July as Park and Recreation month. ® Presentation regarding the recent City of Schertz Texas Association of Municipal Information Officers (TAMIO) Awards. (S. Gonzalez/L. Klepper) Mayor Carpenter recognized Public Affairs Director Linda Klepper who stated the Public Affairs Team recently attended the Texas Association of Municipal Information (TAMI) awards ceremony where the City of Schertz received four (4) awards. Awards accepted include: ® Award of Honor for Electronic Report — State of the City Video ® Award of Honor for Best use of Promotional Item — Our Size fits all • Award of Excellence for Best Recurring Special Events — Trunk or Treat • Award of Excellence for Brochures, Flyers, Posters Mayor and Council congratulated everyone involved. 06 -26 -2018 Minutes Page - 1 - � VIII iit 1 •11 -1 ® Announcements of upcoming City Events (B. James/D. Wait /S. Gonzalez) Mayor Carpenter recognized Acting City Manager Brian James who provided the following announcements: Wednesday, June 27' Guadalupe County Town hall Meeting 6:30 pm Guadalupe County residents are encouraged to attend a town hall meeting to be held on Wednesday, June 27 from 6:30 -8:30 pm at the Schertz Civic Center. This "Guiding Guadalupe County Town Hall Meeting" will be conducted by Gap Strategies and community involvement is requested in the development of the county's strategic plan. Friday, June 29" Coffee with the Chamber 7:30 am — 9:30 am Welcome Center Tuesday, July 3rd City Council Meeting Canceled Wednesday, July 4th City Offices Closed in Observance of Independence Day 41h of July Jubilee 9:30 am -10:00 pm Freedom Run 5K, live music, carnival, family fun, and fireworks. 41 of July Jubilee Float & Fireworks 6:00 pm -10:00 pm Pickrell Park Pool Wristbands (limited availability) must be purchased in advance at the Parks and Recreation Office located at 10 Commercial Place, Building #1 Filing for Schertz City Council Election for November 6, 2018 beLins July 23, 2018 The City of Schertz will be holding its General Election on November 6, 2018 for the purpose of re- electing Council Members in Place 6, and Place 7 for a three -year term, from November 2018 to November 2021. The Candidate packet is available in the City Secretary's office at 1400 Schertz Parkway, Building 2, or it can be found online at www.schertz.com. Should you have any questions, please contact the City Secretary's office at (210) 619 -1030. ® Announcements and recognitions by the Acting City Manager (B. James) Mayor Carpenter recognized Acting City Manager Brian James who stated for folks who may view the video later, there are two information updates in the packet which should be online. One is an update regarding the Recreation Center (YMCA) remodel scope of work 06 -26 -2018 Minutes Page - 2 - project and the other one is information regarding the upcoming 4t' of July Jubilee event. A new item that is being provided is Council periodically asks for staff to come back with information or presentations and we thought so that we don't lose track of them that we would include a running of those to make sure we captured it, and we don't forget about it. We will have this on each time. The last item and the reason we are a little light tonight is that Mr. Wait is one of six folks from our EMS and Fire Department who are on the Ambus in route to Gatesville. There was an explosion at Coryell Memorial Hospital and they are assisting with evacuating the hospital. Mr. James also stated that we had Fire and EMS personnel who are back now that assisted with some flooding issues in surrounding areas. Please keep everyone in your prayers. • Announcements and recognitions by the Mayor. (M. Carpenter) Mayor Carpenter stated that he just wanted to add on to what Mr. James said about tomorrow evening here at the City of Schertz at our Civic Center. Guadalupe County has begun the work on developing a strategic plan for the entire county. It will have an effect on all cities that are in the county, it will have an effect on the rural areas, it will have commentary and therefore effect how the county envisions development over time, and it will set the direction for how the county spends our tax dollars for all of us that live in Guadalupe County. Mayor Carpenter encourages all those to attend as you will have the opportunity to provide input at the outset of the development of the first strategic plan for the county. This is a great opportunity. Hearing of Residents Mayor Carpenter recognized the following who spoke: • Ms. Clare Layton, 12231 Lost Meadows, who spoke on the significance of Parks and Recreation month, the appreciation of Ms. Shrum and her experience, and the need to hire more Parks staff. • Ms. Janet Barnett, 10650 Boenig, who spoke on drainage and flooding on her property due to recent developments in her area. • Mr. Clark McChesney, 7018 Halli Heights, who addressed agenda item #10, Ordinance 18- T-22, adjustment to the budget for 3rd party inspection services and questioned the need for a roof felt inspection and the delay in which it causes completion. • Ms. Diana Taylor, 5505 Columbia Drive, who addressed poor drainage, bad sidewalks, speeding issues, trash pickup problems, graffiti in her neighborhood and the need for more police officers. • Mr. Brent Bolter, 2633 Cloverbrook Lane, who addressed this issue of Wiederstein and Old Wiederstein improvements and the proposal with the City of Cibolo. • Mr. Jim Fowler, 1057 Boxer Pass, who was here supporting the Parks Department and stated it was nice to see everyone this evening; it has been a while. • Mr. John Sullivan, 513 Triple Crown, who addressed Council regarding the recognition of the Parks & Recreation month. He stated he is excited and concerned with the current 06 -26 -2018 Minutes Page - 3 - staffmg levels. The City needs to take a more active role and give Ms. Shrum more resources. Consent Agenda Items 1. Minutes — Consideration and /or action regarding the approval of the minutes of the Regular meeting of June 12, 2018. Approval of the June 12, 2018 regular minutes. 2. Resolution No. 18 -R -63 - Consideration and/or action approving a Resolution authorizing EMS Utility Billing and Schertz Magazine Debt_ Revenue Adjustments for certain inactive outstanding receivables. (B. James /J. Walters/D. Hardin- Trussell/J. Mabbitt/L. Klepper) The following was read into record: A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING EMS DEBT REVENUE ADJUSTMENTS, UTILITY BILLING DEBT REVENUE ADJUSTMENTS AND SCHERTZ MAGAZINE DEBT REVENUE ADJUSTMENTS FOR CERTAIN INACTIVE OUTSTANDING RECEIVABLES AND OTHER MATTERS IN CONNECTION THEREWITH. 3. Resolution No. 18 -R -68 — Consideration and /or action approving a Resolution authorizing a Mutual Aid Agreement with the Cities of Schertz, Cibolo, Live Oak, New Braunfels and Selma. (D. Wait/M. Hansen) The following was read into record: RESOLUTION NO. 18 -R -68 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A MUTUAL AID AGREEMENT WITH THE CITIES OF CIBOLO, LIVE OAK, NEW BRAUNFELS, SCHERTZ AND SELMA, AND OTHER MATTERS IN CONNECTION THEREWITH 4. Resolution No. 18 -R -69 — Consideration and/or action approving a Resolution authorizing a Mutual Aid Agreement with the Cities of Schertz, Cibolo, Converse, Garden Ridge, Live Oak, Selma and Universal City. (D. Wait/M. Hansen) The following was read into record: 06 -26 -2018 Minutes Page - 4 - • A I I 1 11 I'll, • 1 Ave &V 5. Resolution No. 18 -R -70 — Consideration and/or action approving a Resolution approving and authorizing an agreement for a Right -of -Way Dedication along Eckhardt Road from Cariari Holdings, Inc. and authorizing the acceptance of such Right -of -Way Dedication by the City in accordance with the terms of the Dedication Agreement. (B. James/K. Woodlee) The following was read into record: 6. Resolution No. 18 -R -71 — Consideration and/or action approving a Resolution authorizing additional expenditures with Ford Engineering, Inc. totaling no more than $2,600 for Professional Engineering Services to obtain sidewalk easements for the Schertz Pedestrian Routes & Bike Lanes project. (B. James /L. Shrum) The following was read into record: RESOLUTION NO. 18 -R -71 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING ADDITIONAL EXPENDITURES WITH FORD ENGINEERING INC. TOTALING NO MORE THAN $2,600.00 FOR PROFESSIONAL ENGINEERING SERVICES TO OBTAIN SIDEWALK EASEMENTS FOR THE SCHERTZ PEDESTRIAN ROUTES & BIKE LANES PROJECT. 7. Resolution No: 18 -R -41 Consideration and/or action approving a Resolution authorizing purchases with Computer Solutions in an amount not to exceed $78,774.47 for the hardware and installation services associated with the Virtualization Project and New Community Development Software Project. (B. James/M. Clauser) The following was read into record: 06 -26 -2018 Minutes Page - 5 - RESOLUTION NO. 18-R-41 rx,layor Carpenter recognized Councilmember Edwards who had a question regarding the description between mutual aid and the automatic aid that we are actually doing on item 3. Mayor Carpenter pulled item 3 off consent for separate action. Mayor Carpenter recognized Councilmember Edwards who moved seconded by Councilmember Gutierrez to approve consent agenda items 1,2,4,5,6 and 7. 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. ' I,, 3Ii III, 171, 3. Resolution No. 18-R-68 — Consideration and/or action approving a Resolution authorizing a Mutual Aid Agreement with the Cities of Schertz, Cibolo, Live Oak, New Braunfels and Selma, (D. Wait/M. Hansen) SO vf '14 Mayor Carpenter moved from the Chair seconded by Councilmember Edwards to approve Ikesolution 18-R-68. The vote was unanimous with Mayor Pro-Tem. Seaghola, Councilinembers Davis, Gutierrez, Larson, Edwards, Kiser and Crawford voting for and no one voting no. Motion Passed. 06-26-2018 Minutes Page - 6 - Ordinance No. 18 -M -20 — Consideration and /or action approving an Ordinance authorizing and amending the City Council Rules of Conduct and Procedure as they relate to properly placed items on a future agenda. Final Reading (Mayor /Council) The following was read into record: 1 1 1 f) 1'9,4 IFA 1 1 0 IN 1. Mayor Carpenter stated that this is a change of the rules setting forth that the Chair will not entertain objection to items being requested to be placed on a future agenda by members of Council. Mayor Carpenter recognized Councilmember Edwards who moved seconded by Councilmember Kiser to approve Ordinance 18 -M -20 final reading. Mayor Carpenter recognized Councilmember Gutierrez who stated that he would like to submit a motion to make a substitute for Article 6 6.1 item F and he has the substitute here in hand, if he may read it. His substitute read as follows: When an objection to place an item on the agenda is presented; Council should quickly defer the objection and call the questions. The Chair puts the question by saying "Those in favor of the objection say "aye" those oppose say "nay ". If a simple majority of "aye" votes is made on the objection the new agenda item is omitted from any future agendas. If the majority is "nay" then the item is placed on the next available agenda. Councilmember Gutierrez provided copies for his colleagues to read. Councilmember Gutierrez asked for a point of information, Mayor Carpenter acknowledged. Councilmember Gutierrez stated he has three points that he needs clarification on: (1) as it stands without this substitute if Councilman Z were to request a document staple day and he offers an objection the Chair will indicate the objection is out of order and the item will be placed on the next available agenda; is that correct? Mayor Carpenter answered that is correct if this motion passes and the rules are changed as currently written. (2) document staple day will be on the next agenda under discussion and action items, say item number 7, he therefore, during meeting may request an amendment to the agenda and then remove item number 7 the Chair then calls the question depending on the vote, the agenda item may or may not be removed, is that correct? Mayor Carpenter stated that he thinks his question is if once we were in session and if a motion was made by a member of Council that a certain item not be taken up that would probably be out order. He thinks the appropriate motion would be at the time that the item came forward that that 06 -26 -2018 Minutes Page - 7 - councilmember would make a motion to end debate and if the council agreed and there was a two- thirds vote to end debate then no action would be taken, and no discussion would occur. Councilmember Gutierrez asked, and the agenda item would be left on the discussion? Mayor Carpenter answered it would not, if the motion was made to end debate at the beginning after he reads the caption or after he introduces the item and there was a two -third vote to end debate, then the item would not be considered, would not be discussed and no action would be taken. Councilmember Gutierrez stated then therefore his point number: (3) If the substitute was in effect we would simply be addressing this item now and not on the future agenda therefore saving the secretary some time and Councilmember Z three days to prepare for his presentation. Mayor Carpenter stated he is going to re -read your substitute because he hasn't seen it before this evening and so he needs to make sure he understands and make sure the substitute itself would not cause a challenge in the rules or a challenge in the open meetings act provisions. Mayor Carpenter stated he does understand the substitute and he would have to ask the City Attorney if they have a copy. As the City Attorney was not available this evening Mayor Carpenter stated that he thinks that in his seeking guidance previously where he asked how to handle objections, the City Attorney advised him at that time that taking a vote on an item that not was previously placed on the agenda even though it be a discussion around whether or not, even if there's no discussion whether or not to place that item on a future agenda that it would be problematic to hold a vote, which is why he set it up where if there was an objection then we would have a discussion posted in a subsequent meeting because having a vote on an item that has been brought up in a meeting but not posted potentially puts the public in a position of not having prior notice and that could be problematic with regard to the open meetings act. That is why he had it set up the way he did. He thinks they might have a problem there, but it might be manageable. We might have to have some additional boilerplate language put on our agendas that clearly lets the public know that we might vote on whether or not to put something on a future agenda. Mayor Carpenter stated that he would have to visit with the city attorney. Councilmember Gutierrez asked can we therefore postpone item 8 for the next meeting? Mayor Carpenter asked Councilmember Gutierrez if he was making a motion to postpone item number 8 until our next meeting? Councilmember Gutierrez answered yes. Councilmember Edwards asked the Mayor if we needed to dispose of the first motion? Mayor Carpenter answered no, he stated when we have multiple motions, we have to take them in reverse order provided that there are in fact seconds made. Mayor Carpenter stated that he has a motion from Councilmember Gutierrez to postpone item number 8 until our next regular meeting and asked if there was a second. Mayor Carpenter stated hearing none the motion dies for lack of a second. 06 -26 -2018 Minutes Page - 8 - Mayor Carpenter stated that he has a motion on the floor from Councilmember Gutierrez offering a substitution to the rule change that is outlined in Ordinance 18 -M -20 and asked if there was a second. Mayor Carpenter stated hearing none the motion dies for lack of a second. Mayor Carpenter then stated we have a motion from Councilmember Edwards and a second from Councilmember Kiser that we approve Ordinance 18 -M -20. Mayor Carpenter asked for further comments or questions from Council. Hearing none he called for the vote. The vote was 5 -2 -0 with Mayor Pro -Tem Scagliola, Councitmembers Davis, Edwards, Kiser and wford voting for and Councilmembers Gutierrez and Larson voting no. Motion Passed. 9. Resolution No. 18 -R -72 — Consideration and/or action approving a Resolution authorizing the Acting City Manager to extend the contract with Selrico Services in the amount of $20,000 to provide the congregate meal program at the Schertz Area Senior Center. (B. James/L. Shrum) The following was read into record: I ti US 111 • 1 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ACTING CITY MANAGER TO EXTEND THE CONTRACT WITH SELRICO SERVICES IN THE AMOUNT OF $20,000 TO PROVIDE THE CONGREGATE MEAL PROGRAM AT THE SCHERTZ AREA SENIOR CENTER. Mayor Carpenter recognized Director of Parks, Recreation and Community Development Lauren Shrum who introduced this item stating on August 1, 2017 staff came to council to award the contract for the congregate meal program at the Schertz Area Senior Center. It was awarded to Selrico Services. The contract amount was based off a conservative estimate knowing the average meals served per day at the time was 65 meals. Staff anticipated some growth in membership and meals served based on the completion of the Senior Center renovation, as well as due to better tasting meals and better service. Thus, 85 meals per day were in the base calculations, with the per meal cost being $4.15 /meal delivered. The Senior Center is now averaging 100 meals served per day, thus the maximum amount approved in the contract per fiscal year is not sufficient to cover the number of meals needed for the entire year. It is anticipated the contractual limit will likely be hit in the month of August, but definitely by September. Staff wanted to make council aware in advance before hitting that contractual limit and is proposing an additional $10,000 be added to the contract per fiscal year to cover the overage. The information below was provided in the council packet: 06 -26 -2018 Minutes Page - 9 - The City of Schertz Parks, Recreation, and Community Services Department has had direct oversight over the Schertz Area Senior Center congregate lunch meal program since January 2014. On August 1, 2017 Council approved Resolution 17 -R -54 authorizing the City Manager to enter into a contract with Selrico Services to provide the meals for the congregate meal program at the Schertz Area Senior Center (Resolution 17 -R -54 attached for your reference.) That original contract was in the amount of $104,000 per fiscal year for a total of $208,000 for the two -year contract term. The contract amount was based off a conservative estimate knowing the average meals served per day at the time was 65 meals. Staff anticipated some growth in membership and meals served based on the completion of the Senior Center renovation, as well as due to better tasting meals and better service. Thus, 85 meals per day were in the base calculations, with the per meal cost being $4.15 /meal delivered. The Senior Center is now averaging 100 meals served per day, thus the maximum amount approved in the contract per fiscal year is not sufficient to cover the number of meals needed for the entire year. The city has been invoiced for October — May and the total spent is $73,313.90, leaving $30,686.10 left in the contract for this fiscal year. The average cost per month is $9,165.00. It is anticipated the contractual limit will likely be hit in the month of August, but definitely by September. Staff wanted to make council aware in advance before hitting that contractual limit and is proposing an additional $10,000 be added to the contract per fiscal year to cover the overage. City management has been in discussions with the City of Cibolo to share in the costs associated with operating the center and providing the congregate meal program since about 20% of the members in the meal program are residents of the City of Cibolo, but no final agreement has been made yet. Councilmembers addressed questions and provided comments to staff regarding the following: • Cost of the meals. • Percentages of other cities participating in the Senior Meal program. • Percentage of other cities participating in the Senior Center Activity Program. • What happens if attendance continues to increase in both the meal program and the activity program. • Possible contribution of dollars from other cities who participate in the meal program and activity program. • Possible contributions for non - profits, religious organizations and private donations. • Possibility of doing a manpower study. • Clarification of what the City of Schertz will be asking the City of Cibolo to contribute for the operation of the Senior Center. Councilmembers provided their commentary regarding the request for approval. 06 -26 -2018 Minutes Page - 10 - Mayor Carpenter recognized Councilmember Edwards who moved seconded by Councilmember Gutierrez to approve Resolution No. 18 -R -72. Councilmember Larson provided an explanation for his vote. Councilmember Larson stated when he looks at the expense for the meals he thinks the seniors do deserve it and it is a great program. He just doesn't think it should be funded by the city. In his view reality is when governments take over charity it has a real impact on the community connection with the individuals who are benefiting from these programs and when the government get involved in free lunch programs it takes away a personalized manner level to it and it does really change the fabric of how you look at helping your neighbors so there's a moral argument to be said. There's that negative moral consequence of mandating these kinds of programs through government taxation but beyond that there simply is a financial reality that as a community we're not able to meet most of our fundamental obligations. We just raised what might be the biggest tax fee increase in the history of Schertz because we are unable to meet our obligations in maintaining roads. We have a phenomenal 'Parks Department, but Pickrell Park sunshades have been gone almost a year because of a resource problem and he understands that they are going to be installed soon but it's the middle of summer. He called Code Compliance for basically what he thought was that someone was having a garage sale because every piece of furniture they own was on their lawn and it's still there. Now there's a pile of ashes and trash and weeds are 2- foot -high, Code Compliance at that time said that they are swamped. There's a real resource problem. There's a real resource problem where the city has an obligation to meet its fundamental basic requirements and the fact is we are not there yet. He believes that they can partner with local nonprofits, religious organizations and private individuals. I'll be the first to sign up for monthly donations, but this is something that would be more effectively funded through nonprofits, religious organizations and private donations. He feels he's not here to sway the vote but as a representative he feels he is obligated to share his thoughts. Councilmember Davis stated that Councilmember Larson is not exactly wrong with his thoughts and he agrees that the senior center is being used by other entities and they should be participating in their share of costs as we provide a quality senior center. Councilmember Crawford stated he feels somewhat the same way Councilmember Larson and Councilmember Davis do to the extent that he doesn't want to say no tonight and he won't. He too would like to look at other outside entities and other possible avenues to offset the costs. Mayor Carpenter called for the vote. 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. 10. Ordinance No. 18 -T -22 — Consideration and/or action approving an Ordinance by the City Council of the City of Schertz authorizing a budget adjustment to the Fiscal Year 2017 -2018 budget to increase the budget for 3rd party inspection services; repealing all Ordinances or parts of Ordinances in conflict with this ordinance; and providing an effective date. First Reading (B. James/L. Wood) 06 -26 -2018 Minutes Page - 11 - The following was read into record: Mayor Carpenter recognized Director of Planning and Community Development Lesa Wood who provided data supporting a request to approve a budget adjustment to increase the current year's budget amount for third party inspections. This practice of hiring a third - parry inspector began in July 2015 to assist with staffing challenges and an increase in inspections performed. The original goal was to take care of the peaks and valleys of staff's workload and minimize long wait times in performing inspections. Staff has also made other changes to improve their customer service, such as purchasing new software and providing kiosks. Ms. Wood provided statistics showing the amount of permit revenues for the past five fiscal years and the number of inspections performed. Their department goals include accommodating their customer's schedules, shortening the wait times and stabilizing their plan review times while still providing thorough quality inspections. They have hired two more staff members to assist; however, it takes time to learn and acquire the needed training and knowledge. If Council approves this request, there will be no fiscal impact on the General Fund Budget as the request will be funded by the additional permit revenue received to date which is above the original budgeted projections. Ms. Wood and Acting City Manager Brian James addressed comments and questions from Council which included the following: Are the contract firms extremely busy due to the significant storms that have come through this area? The need for adequate staff levels to maintain reasonable time frames to do inspections. Staff overtime hours vs. contracting staff costs —which is the most efficient method? - Building flexible relationships with contractors/builders in the area. - The quantity and quality of our current regulations. - New software, improving efficiency, saving time, better customer service. - Inspections - public safety /protection mechanism, a core city service. 06 -26 -2018 Minutes Page -12 - Mayor Carpenter recognized Councilmember Edwards who moved seconded by Mayor Pro -Tem Scagliola to approve Ordinance No 18 -T -22 first reading. 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. 11. resolution Igo. 18 - -75 — Consideration and/or action approving a Resolution authorizing the acceptance of Parkland and dedication of an easement generally at Wiederstein Road and FM 3009. (B. James) The following was read into record: Mayor Carpenter recognized Acting City Manager Brian James who introduced this item stating staff was approached in 2015 by the owner of the tract of land generally to the south of the intersection of FM 3009 and Wiederstein road. This tract has frontage on FM 3009, but does not have frontage on Wiederstein Road, because of the car wash site at the corner and the parkland owned by the City of Schertz that extends in a narrow strip along Wiederstein Road. The owner of the tract at the time was trying to determine how their tract could access Wiederstein Road. Because the City's land is parkland, the city cannot simply sell them this property or grant an access easement. Rather, the City has to find a public benefit to granting access — one that improves the park and its use by the public. Because of the park property's small size and limited depth, the City has not been able to find a way to improve it for the public to -use. The approach Staff has discussed would provide vehicular access through the existing park property to the privately owned tract, the dedication of additional land for parkland (creating a park deep enough off of Wiederstein Road that can be used as a trailhead to access the sidewalk and hike and bike trail network on Wiederstein Road and FM 3009), the granting of a parking easement to the City so the public can park on 10 designated/signed spaces on their parking lot to access the trailhead. The owner of the privately -owned track would be responsible for constructing the access drive and building the parking spaces. This is generally shown on the attached graphic. Staff presented a similar concept to the City Council on November 17, 2015 and the City of Schertz Parks & Recreation Advisory Board on November 30, 2015 to discuss the concept with them. They were both supportive. Staff indicated that we would update them as 06 -26 -2018 Minutes Page - 13 - discussions with the property owner and a future developer progressed. Revolution Church is developing the property and Council considered a rezoning request to allow the church. At that time this concept was mentioned. In an effort to allow the church to have clarity on this issue to proceed with development, staff is seeking approval from council to enter into all necessary agreements to bring this about. Staff recommends approval of Resolution 18 -R -75 to allow staff to continue to work with the property owner to grant an access easement across the park property in exchange for dedication of additional parkland, dedication of a parking easement and construction of the access drive and parking. Mayor Carpenter recognized Mayor Pro -Tem Scagliola who moved seconded by Councilmember Edwards to approve Resolution 18 -R -75. The vote was unanimous with Mayor Pro -Tem Scagliola, Couneilmebers 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 Vote Confirmation for agenda items 1 -11. ® Discussion regarding goals and philosophy regarding use of our assets, to include Parks & Recreation facilities and other amenities. (Item requested by Mayor Carpenter and Councilmember Davis) (B. James /L. Shrum) Mayor Carpenter recognized Councilmember Davis who stated Parks is one of those areas where we have resident and non - resident rates. He feels Council may need to come up with a vision or policy; what is our goal? In what scenarios do we want to underwrite a recreational activity? When would it be acceptable to operate an activity at a loss where it is being underwritten by city tax dollars versus just breaking even or it actually generates a revenue that can be used to offset operational expenses? Mayor Carpenter agreed Council should come to a consensus on this topic. For example, the Senior Center. They just had a discussion recently on whether or not to fund that facility's lunch program. Again, what is our goal there and what are we trying to accomplish? To Councilmember Larson's point, is it the role of government to do that or is it not? We haven't given our team clear direction on this. He suggests answering these questions, perhaps broadly at first and then have staff come back with recommendations. Council needs to start this discussion and decide what we want long term. Councilmember Edwards stated a discussion should take place (perhaps a workshop) and include not just the Parks and Recreation activities, but some of the other events we have 06 -26 -2018 Minutes Page -14 - like Schertz Fest or the 4' of July Jubilee —are we breaking even or not? He agrees Council does need to have this discussion. Acting City Manager Brian James interjected stating that what staff spent a lot of time on was we want to be well positioned to respond to the philosophy that we set. There is not an unlimited supply of money. Traditionally, parks does things a bit randomly. The parks out there are open, free to the public and nobody pays anything for it. To get into an outdoor pool, most communities charge a nominal amount, but others have found it is too costly to keep track of. He spoke of BVYA as an example where they use a different model where there is a trade back of volunteering work time (mowing, working a concession stand, etc.). SAYSA uses a new model of when you sign your child up to play, they collect a fee which is used to hire folks to perform these other needed jobs. From staffs perspective, the question is, `What do we want the users to subsidize? At this point, staff feels they are limited in their capacity to respond quickly. The presentation to Council tonight is a lot of about how we want to position ourselves. Mayor Carpenter recognized Director of Parks, Recreation and Community Development Lauren Shrum who provided a PowerPoint presentation including information on current operating agreements. They are just now also starting to explore more opportunities with other private `commercial' groups. The City has contracts with BVYA, SYSA and the YMCA to license or operate a number of city facilities including baseball, soccer and practice fields as well as operating or licensing the outdoor pools, recreation center, natatorium, and Senior Center. The City also leases the Community Center to private organizations involved in recreation — twirling performances for example. In general, the City has been willing to subsidize a portion of the cost of operations and maintenance of these facilities with the goal of broad utilization by Schertz residents as well as the residents outside of Schertz. Some of these agreements make provision for higher rates for nonresidents while others do not. Additionally, while the agreements allow for use of the facilities by more competitive sports organizations or adults, the overarching goal is to focus on youth recreation sports. The City has relied on outside groups, particularly nonprofits to operate the City's recreation facilities and provide recreation programs to the community while the city has focused on maintenance. That being said, the City has not invested heavily in capital costs which has led to a decline in older facilities. For the past few years Parks staff has focused on improving efficiencies, increasing staffing levels and increasing maintenance budgets to start catching up. Staff is proposing to also begin looking to better understand what would be required to take over operations of some of these facilities and to provide an additional option. Two key componenU of this are operating costs and challenges associated with growing the staffing level quickly enough. As examples, the New Braunfels Das Rec facility has a $1.48 million staffing budget for nine FTE's and 225 seasonal/part-time positions. The YMCA has a $1.55 million staffing 06 -26 -2018 Minutes Page - 15 - budget for 220 staff members. Currently, the City has 407 budgeted positions with about 373 filled. Operating costs for the YMCA in Schertz is #3.2 million and for Das Rec it is about $2 million in operating costs. The YMCA has partnerships with several other surrounding cities such as San Antonio, Boerne, and Cibolo. Adult membership fees charged within neighboring cities ranged from $6.77 per month to $35 per month depending on the number and type of amenities offered. Staff recommends we continue to: 1) monitor the New Braunfels efforts with Das Rec and see how it works, 2) see how Parks and Recreation fares in this year's budget process, 3) focus on positioning ourselves better to be able to add new facilities and/or take over operations in the future, and 4) do a feasibility study and a 3 -5 -year implementation process. Ms. Shrum addressed comments and questions from Councilmembers. It was suggested to research and evaluate each program individually to provide Council more information in the future to help them decide what direction to recommend. It was also recommended to have the Parks and Recreation Advisory Board members take a look at this situation for their input and advice and collaborate with staff before coming back to Council. ® Discussion and possible action regarding the makeup of the Interview Committee for the Boards, Commissions and Committees. (Item requested by Councilmember Larson) (B. Dennis) Mayor Carpenter recognized Councilmember Larson stating since he had requested this item, he should speak first. Councilmember Larson stated he thinks they should reconsider the makeup of this board. In his opinion it makes more sense to have an advisory board but to also include more people from the boards and commissions and maybe have just one council liaison. City Secretary Brenda Dennis stated staff can set up whatever Council wants. Councilmember Edwards stated after every election, Council looks at the committees and makes selections at that time as to what boards any of them wish to serve on in accordance to what vacancies exist. He is unsure if there is a change necessary at this time. For clarification, Councilmember Larson stated he is not requesting the appointment of different councilmembers to the board but rather should the board be housed by four councilmembers. Example, maybe just one council liaison and the rest be volunteer community members. Councilmember Davis stated for the record that for all of the ones we've been to there'have always been at least three councilmembers there and have always had other board members not show up. His concern is if they reduce the number of councilmembers, will the other members show up? One of the things the board has to do is look at the openings they have and figure out who wants to serve in only one area and who is open to a variety of choices. One of the things the board does is engage with the applicants to see how deep their interest is and what their goals are in regard to serving in the community. He personally sees the value of having three councilmembers on this board. He looks at it from a broad 06 -26 -2018 Minutes Page - 16 - prospective. He suggested a seven - member committee, 3 councilmembers and 4 other members from the various city boards. Mayor Pro -Tem Scagliola says he likes the current process. As leaders of the community it is their responsibility to appoint members to the boards and commissions. However, you can't have four councilmembers there or you establish a quorum. Three is an appropriate number. He is also for having additional committee members there. He likes the way the committee is right now or we could expand it a bit more. City Secretary Brenda Dennis asked if she should include Michael Dahle (P &Z Chair) who had volunteered himself recently for this board. Mayor Pro -Tem Scagliola concurred. Ms. Dennis stated she likes the way the committee is set up and also likes the idea of including the Chair of P &Z his insight would be helpful. Research had been done by both City Secretary Brenda Dennis and Mayor Carpenter. There were several variations. In some cities there are permanent members of a single committee made up of councilmembers only, sometimes with other board members. Others have their boards do their own interviewing with final council approval. Other cities have districts, appointed accordingly, Place 1, Place 2, etc. Mayor Council requested Council think about this and what may be appropriate for a city of 70,000 people. He thinks a varied approach might work. Having no one on an interview committee from a board/committee /commission and other folks not involved making a decision about someone they are going to send to a particular grouphe struggles with this. He would rather have a minority of councilmembers and majority of P &Z members interview who their new colleague is going to be. They will be able to answer questions more effectively than a councilmember who has never served on that particular board. He asked Council to think about what the most sustainable model might be as the city grows. Mayor and Council agreed to bring this item back in a few weeks. Closed Session Mayor Carpenter convened into closed session at 8:56p.m. 12. City Council will meet in closed session under Section 551.074 of the Texas Government Code, Personnel Matters to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager. 13. 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 06 -26 -2018 Minutes Page -17 - conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect. • Project E -041 • Project E -043 • Project E -044 Reconvene into Regular Session Mayor Carpenter reconvened into regular session at 9:53 p.nL 12a. Take any action based on discussions held in closed session under Agenda Item 12. No action taken. 13a. Take any action based on discussions held in closed session under Agenda Item 13. No action taken. Requests and Announcements • Announcements by the Acting City Manager. No additional announcements were made. • Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Mayor Carpenter recognized Councilmember Gutierrez who requested a discussion of a possible Code of Ethics Violation against Councilmember Kiser. Mayor Carpenter recognized Councilmember Davis who requested a presentation from staff on recommendations of the UDC regarding standards for sheds (next meeting). Mayor Carpenter recognized Councilmember Crawford who requested a discussion about the Wiederstein Road and Old Wiederstein project (July 10). Mayor Carpenter asked Acting City Manager if we were -still in negotiations with the City of Cibolo on that. He stated yes. Mayor Carpenter stated, so then we can get a briefmg on where we are in negotiating. • 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 06 -26 -2018 Minutes Page - 18 - Mayor Carpenter recognized Councilmember Edwards who attended the Schertz Library Mini Golf Tournament draiser, There was a good out of folks all day long. 0 Information regarding the upcoming 4th of July Jubilee Event. (B. James/S. Gonzalez/L. Klepper /M. Spence) 06-26-2018 Minutes Page - 19 -