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07-24-2018 MinutesMINUTES REGULAR MEETING July 24, 2018 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on July 24, 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 Bert Crawford Staff Present: Executive Director Dudley Wait City Attorney Dan Santee Councilmember Cedric Edwards was absent. Call to Order — City Council Regular Session Mayor Pro -Tem David Scagliola Councilmember Ralph Gutierrez Councilmember Angelina Kiser Acting City Manager Brian James Assistant to the City Manager Sarah Gonzalez City Secretary Brenda Demos Mayor Carpenter called the regular meeting to order at 6:01 p.m. Opening Prayer and PledlZes of Allegiance to the FlaLys of the United States and State of Texas. (Councilmember Crawford) Councilmember Crawford provided the opening prayer, followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. Mayor Carpenter recognized Boy Scout Gilbert Gradillas who was in the audience this evening working on his Eagle Scout Merit Badge. Gilbert stood to be recognized. Employee Recognition • Fire Department — Fire Marshal— Thomas Pinder Fire Chief Kade Long provided a brief bio regarding the newly hired Fire Marshal, Thomas Pinder and introduced him to Council. Mayor /Council welcomed Mr. Pinder aboard. Mr. Pinder came forward and stated he appreciated the opportunity to work for Schertz in this capacity and if anyone needed anything please let him know. Mayor Carpenter recognized Acting City Manager Brian James who advised Council that John Perry, the previous Fire Marshal, has not left the City, but has accepted the position of Battalion Chief and is still working for us in that capacity. 07 -24 -2018 Minutes Page - 1 - Presentations • Texas Public Works Association Awards presentation. (B. James/K. Woodlee /S. McClelland) Mayor Carpenter recognized City Engineer Kathy Woodlee who spoke of the Schertz Parkway Street which had slowly deteriorated to the point where it needed major repairs. Staff had looked at different repair options and what our available funding was. Meanwhile the City had hired on two new staffers, Engineer John Nowak and Project Manager Scott McClelland. They both have a lot of experience regarding street construction projects. At the end of the Schertz Parkway reconstruction project John recognized some special aspects of the project that were worthy of some consideration and suggested submitting it to the Texas Public Works Association (TPWA) as a candidate for project of the year and we were actually selected. Ms. Woodlee introduced Engineer John Nowak who showed a brief PowerPoint presentation providing a brief summary of what the TPWA is. One of the things the organization does is offer recognition of various types of projects over the course of the year. Some of the selection criteria includes the use of good construction management techniques, safety performance, community relations, environment protection, and unusual accomplishments under adverse conditions. Project Manager Scott McClelland came forward and stated he and John Nowak couldn't have done it without a lot of help. He recognized Mark Hill with Ford Engineering and Troy Wanner with Capital Excavation. Each representative was presented a plaque of recognition for their excellent contributions to the project. Mayor Carpenter and Council thanked staff for their excellent work that gets recognized from around the state. City Events and Announcements • Announcements of upcoming City Events (B. James/D. Wait/S. Gonzalez) Mayor Carpenter recognized Executive Director Dudley Wait who provided the following announcements: Thursday, July 26' Mary Whitfield Burks Park Grand Opening 5:30 pm 3175 Schertz Parkway (between Ashley Park Drive and Jonas Drive) We encourage you to come dressed in your workout gear and test out the new outdoor fitness equipment. Friday, July 2711 Coffee with the Chamber 7:30 — 9:30 am Schertz Chamber Welcome Center 07 -24 -2018 Minutes Page - 2 - Stop by the Chamber for a free cup of coffee, courtesy of Members Schertz Bank and Trust. Tuesday, July 311t No City Council Meeting Scheduled Friday, August 3ra Budtet Retreat for City Council 8:30 am Schertz Civic Center Saturday, August 4' Movies in the Park 7:00 pm "Minions" 534 Ashley Park Movie begins at 8:30 pm Tuesday, August 7th City Council Meeting 6:00 pm Council Chambers Filing for Schertz City Council Election for November 6, 2018 began 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. Any candidate desiring to have his or her name on the Official Ballot shall file an application with the City Secretary's office no later than Monday, August 20, 2018, by 5:00 pm. The application shall be in writing in the form prescribed by the Texas Election Code requesting that his or her name be placed on the Official Ballot and declaring themselves as a candidate. 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) No Announcements were provided. ® Announcements and recognitions by the Mayor. (M. Carpenter) Mayor Carpenter recognized SSLGC General Manager Alan Cockerell and invited him to come forward and share anything he would like in regard to his upcoming retirement. Mr. Cockerell announced his retirement effective August 31St from the City of Schertz and as General Manager of SSLGC. Mr. Cockerell thanked the City of Schertz for giving him the opportunity to serve the community; it has been very rewarding. However, he said he is 07 -24 -2018 Minutes Page - 3 - talking to the Cibolo Valley folks and is trying to work something out with them. He may still be around and available on a consultant basis. He also had an interview last week for the Region L position. The meeting for these nominated positions will be on August 2. Mr. Cockerell also gave thanks /recognition to Jimmy Hooks and the entire staff of the Schertz Public Works Department —they are the ones who deliver the water to the homes. Hearing of Residents Mayor Carpenter recognized the following who spoke: • Miss Anneka Dahle, 9120 E. FM 1518 N, who came forward thanking everyone for their support and donations enabling her to compete in the dog agility competition which was held in the Netherlands this year. In the individual event, her and her animal placed 125t` out of 336 competitors. In the team event, her team placed 18th out of 57 teams. She presented Mayor and each Councimember with a small gift /token. • Father Ed Pavlicek, Jr., 180 St. Thomas Drive, Canyon Lake, who came forward representing the Church of the Good Shepherd Pantry Project. He provided information regarding the weekly food, utility and medicine donations provided to over 100 families in the Schertz, Cibolo, and Marion areas. He also spoke of plans to establish a new pantry facility to continue with their expanding program of offering assistance to the needy. However, a delay on the project is due to the city requiring a wall be erected on the property where the facility will be. The estimated cost of the wall is about $100,000. What is ultimately at stake is the right of the needy to receive food. What can the city do to prevent further delay in their progress? • Mr. Glen Outlaw, 3729 Forsyth Park, who spoke regarding an item that was on last weeks agenda in regard to the 10 -foot set -back requirement for sheds and how the City came up with that. He provided a brief explanation of where all the codes came from. He showed pictures of some typical storage sheds and explained the differences in the construction material used to build them versus what is required for a home garage. Other photos showed the results if there was a fire in a house garage versus a storage shed. • Ms. Rose Hendrix, 3017 Turquoise, who thanked Acting City Manager Brian James, Councilmembers Kiser, Crawford and Edwards who recently attended the Sedona HOA meeting showing their support. Hopefully there will be a positive turnover of the HOA to the homeowners moving forward. • Mr. Brent Bolter, 2633 Clover Brook, who spoke on `speaking the truth'. He spoke of an ongoing drama by one individual who continues to initiate havoc in the Council Chamber and divide the city. He provided specific events such as the evening the former City Manager was asked to resign, the censure of a former Councilmember who is currently seeking a seat as a volunteer on a city board, a possible violation of council rules of conduct by a current councilmember and a recent recording of a conversation between the Mayor and a Councilmember from a closed session. He had three more points to make. 07 -24 -2018 Minutes Page - 4 - #l. The city's IT Department should always scan USB Flash drives before they are loaded to a city computer to prevent any viruses. 92 Of the recording that was played at Council during the last meeting, who did it? It was a despicable act. 93 Are there other recordings and if so, of what? Who might they be shared with? 94 What is in store for us in future Council meetings? He wonders what will be coming up in future city council meetings, but he will be happy to continue to come forward to council and speak some more `truths.' Workshops ® Cibolo Creek Municipal Authority (COMA) sewer rate presentation. (D. Wait/J. Hooks /C Ellis) Mayor Carpenter recognized Executive Director Dudley Wait who introduced General Manager Clint Ellis with CCMA who provided information on their rate plan and their five -year plan. Mr. Ellis provided a PowerPoint presentation including information regarding the reasons (i.e., increase in cost of service, expansion, aging collection system) behind the wastewater rate increase. He also provided a list of projects on their capital improvement plan that they are either constructing or nearing construction. He explained the rate increase Schedule which was approved by the CCMA Board of Directors on May 14, 2015. Over the period of 2018 -2021 it would be a total increase of $2.49. Schertz monthly cost per connection (5,294 gallon WWA): FY 2018 - $18.95, FY 2019 - $20.28, FY 2020 - $20.81, FY 2021 - $21.44. A comparing chart was shown reflecting the rates of other area cities such as New Braunfels, San Antonio, Seguin, Austin, and Boerne. Schertz had the lowest rate of $34.43 (5,294 gallons) and Boerne had the highest rate of $50.91 (5,294 gallons). There were no comments or questions from Councilmembers. 0 San Antonio River Authority (SARA) sewer rate presentation. (D. Wait/J. Hooks) Mayor Carpenter recognized Water/Wastewater Manager Jimmy Hooks who provided information on the SARA sewer rates answering questions from Council. The SARA service area in Schertz is located in the southern part of the city, approximately 66 homes in The Reserve at Schertz subdivision. SARA updates their rate schedule in June and it takes effect on July 1 of each year. For a single - family residential home, the FY 2017/18 rate was $17.71 and the FY 18/19 rate was $8.44, resulting in a 52.3% rate decrease. The rate per 1,000 gallons for FY 17/18 was $4.84 and the FY 18/19 rate was 07 -24 -2018 Minutes Page - 5 - $4.69, resulting in a 3% rate decrease. We currently charge our customers the CCMA rate where everyone pays the same rate. There were no questions /comments from Council. Consent Agenda Items 1. Minutes — Consideration and/or action regarding the approval of the minutes of the Regular meeting of July 10, 2018. Approval of the regular minutes of July 10, 2018. 2. Resolution No. 18 -R -83 Consideration and /or action approving a Resolution authorizing an agreement for Provisions of Professional Services between the City of Schertz and the Schertz Economic Development Corporation. (B. James/K. Kinateder) The following was read into record: M -9 =41 9111I [IN59[97fF' 9. IC A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AGREEMENT FOR PROVISIONS OF PROFESSIONAL SERVICES BETWEEN THE CITY OF SCHERTZ AND THE CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION, AND OTHER MATTERS IN CONNECTION THEREWITH 3. Resolution No. 18 -R -91 - Consideration and/or action approving a Resolution authorizing a Wastewater Easement Agreement with Darrel Jenschke for the use, benefit, and control of the City of Schertz for the operation and maintenance of a sanitary sewer force main along FM 482. (B. James/K. Woodlee) The following was read into record: RESOLUTION NO. 18 -R -91 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING AND AUTHORIZING A WASTEWATER EASEMENT AGREEMENT ALONG FM 482 FROM DARRYL JENSCHKE, AND OTHER MATTERS IN CONNECTION THEREWITH 4. Resolution No. 18 -R -92 — Consideration and/or action approving a Resolution awarding a contract to C3 Environmental Specialties for the desilting of Dietz Creek Drainage Channel. (D. Wait/D. Letbetter /S. McClelland) The following was read into record: 07 -24 -2018 Minutes Page - 6 - yJ 10 IN MITI 9 D1 I Mayor Carpenter recognized Councilmember Davis who moved seconded by Councilmember Crawford to approve consent agenda items 1 -4. 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. Discussion and Action Items 5. Resolution No. 18 -R -86 — Consideration and/or action approving a Resolution authorizing the Schertz Seguin Local Government Corporation (SSLGC) budget amendment for fiscal year 2017 -18 in the amount of $2,000,000 as a transfer to the SSLGC Repair and Replacement Fund. (D. Wait/A. Cockerell /A. Briggs - Beard) The following was read into record: RESOLUTION NO. 18 -R -86 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE SCHERT /SEGUIN LOCAL GOVERNMENT CORPORATION (SSLGC) BUDGET AMENDMENT FOR FISCAL YEAR 2017- 2018 IN THE AMOUNT OF $2,000,000 AS A TRANSFER TO THE SSLGC REPAIR AND REPLACEMENT FUND, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Executive Director Dudley Wait who introduced SSLGC General Manager Alan Cockerell who stated the agenda items 5, 6, & 7 are intertwined so he was going to provide some commentary on all three and if council has any questions, just let him know. This first one is the budget amendment for the current fiscal year. Schertz/Seguin has adopted a retains earning policy. Each year after their audit they look at this. We have $2 million above that threshold so the budget amendment request allows us to move that money to the repair and replacement fund. This will be used for the pipeline that comes from Seguin to Schertz, which just happens to be at a cost of just under $2 million. A contractor has been selected to start on this project later this fall. Mr. Cockrell continued his presentation by moving to item 6. 07 -24 -2018 Minutes Page - 7 - Mayor Carpenter recognized Mayor Pro -Tem Scagliola who moved seconded by Councilmember Crawford to approve Resolution No. 18 -R -86. 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. 6. Resolution No. 18 -R -87 — Consideration and/or action approving a Resolution approving the Schertz Seguin Local Government Corporation Fiscal Year 2018 -19 Annual Budget. (D. Wait/ A. CockerelUA. Briggs - Beard) The following was read into record: APPROVING •' I ) LOCAL GOVERNMENT CORPORATION FISCAL YEAR I 4 ' ANNUAL BUDGET, AND OTBER MATTERS IN CONNECTION 1 . Mr. Cockerell stated they develop a budget every year based on their projected expenses, which then rolls into setting the water rates. The budget actually has a couple of decreases, one of which is salaries. Since they had hired more staff they were able to simultaneously reduce their dependence on overtime. They also saw a decrease in utilities. However, they did have an increase in a few other areas; professional services (i.e., new software), technical services (i.e., ground water districts in both mitigation and well monitoring fees). Mr. Cockrell continued his presentation by moving to item 7. Mayor Carpenter recognized Mayor Pro -Tem Scagliola who moved seconded by Councilmember Gutierrez to approve Resolution No. 18 -R -87. 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. 7. Resolution No. 18 -R -89 — Consideration and/or action approving a Resolution approving the Schertz Seguin Local Government Corporation Fiscal Year 2018 -19 Water Rates. (D. Wait/ A. CockerelUA. Briggs- Beard) The following was read into record: =11 itei I 1111:1091W H-IRIMMIJ A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING THE SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION FISCAL YEAR 2018 -19 WATER RATES, AND OTHER MATTERS IN CONNECTION THEREWITH 07 -24 -2018 Minutes page - 8 - Mr. Cockerel) stated that the bottom line is they have developed an O &M budget that is just over $173,000 more than last year. It is projected at $9,116,093.00. If we take that O &M budget and roll it into the rates (agenda item 3) they are projecting a .01 cent per 1,000 - gallon rate increase to their customers. As a result, they have been fortunate with the SAWS contract and additional contracts with other outside customers that have allowed them to keep their rates down during the last 5 to 6 years. Thus, the water rate increases have been very minimal. Before the final vote, Mr. Cockerell added that the City of Schertz pays more debt service than the City of Seguin. The reason is that Schertz has assumed the debt service for the Guadalupe project for that additional water. In the past, those two numbers were the same. Mayor Carpenter recognized Mayor Pro -Tem Scagliola who moved seconded by Councilmember Davis to approve Resolution No. 18 -R -89. The vote was unanimous with Mayor Pro -Teen Scagliola, C o uncilm embers Davis, Gutierrez, Larson, Kiser and Crawford voting for and no one voting no. Councilmember Edwards was absent. Motion Passed. Resolution No. 18 -R -93 — Consideration and/or action approving a Resolution authorizing the Acting City Manager to enter into an Interlocal Agreement with the City of Cibolo for the City of Schertz to sell up to 400 -acre feet of wholesale water annually. (D. Wait) The following was read into record: RESOLUTION NO. 18 -R -93 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ACTING CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE CITY OF CIBOLO RELATING TO THE PURCHASE OF UP TO 400 ACRE FEET OF WHOLESALE WATER FROM THE CITY OF SCHERTZ ANNUALLY, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Executive Director Dudley Wait who stated in March of 2015 the City of Schertz entered into a Memo of Understanding (MOU) with the City of Cibolo for the future provision of water for two specific areas in their city. One is a subdivision next to the Northcliffe area and the other is for a commercial area at Wiederstein and I1-1- 3 5. Cibolo is currently experiencing a strong housing growth and expanding its commercial property development. One of the terms of the MOU was in order for us to sell them water we needed to first enter into an Inter -local Agreement (ILA) to do so. They have now approached Schertz and requested this to happen. The MOU originally called for 350 -acre feet of water; they have asked to increase this to 400 -acre feet of water. There would be two points to take the water from. While 400 -acre feet is the maximum annual amount, as they start out, it will be a 07 -24 -2018 Minutes Page - 9 - much lower amount. As both developments continue to grow, they will get closer and closer to their maximum amount. Questions and comments from Council included: Why do we have the water sale and the delivery charge in this document? (Crawford) Answer: The water rate listed pays for the water. The base rate will help pay for our infrastructure costs (pumps, storage tanks, wear & tear on the system, etc.) Cibolo is currently studying their other possible options as to the best, most efficient way to purchase water for their future growth. Councilmember Crawford's concern was it would be better to have a way for Cibolo to get out of the contract if they so desired in the future. What is our excess capacity now and how long do we anticipate having excess capacity? (Scagliola) Answer: Right now, it is limited by the size of our pipeline. A second pipeline is in the design phase. This will eventually allow us to get as much water as we need. In the next two years we could begin to get into the maximum of our half of the Gonzales well field slightly before or at the time the Guadalupe well field that we are carrying the debt for will be coming online. To buffer that, we have our Edwards rights and our rights to sell water ourselves that belong to SSLGC. Can Seguin also sell part of their half of the water to other cities, which would reduce our availability of getting any more if we needed it? (Crawford) Answer: Yes. In fact, they recently entered into an agreement with New Braunfels Utilities. A concern is that the agreement is a 40 -year agreement and there doesn't appear any allowance for any reasonable method of termination of the agreement. If a problem arises we should have an option to amend the agreement. (Davis) Answer: It is something that staff can speak with Cibolo about and then come back to Council with another agreement. An observation that these agreements are not one -way (from Schertz to Cibolo) they go both ways. There are other available options that have been mentioned. The agreement looks good. We need to look at what the entire economic development in that region may mean, the available contingency plans in place, etc. (Larson) Mayor Carpenter recognized Acting City Manager Brian James who clarified that the wholesale rate was not really a discounted rate. We are not really subsidizing their usage or `giving them a good deal.' Effectively, we said if we have another entity that needs water from us that they are going to redistribute, what is an appropriate rate and what is the additional charge that goes on to that? Water is a very valuable resource and the cost of that is going up, both operational and with water rights. There is a benefit to our customers to 07 -24 -2018 Minutes Page - 10 - be able to sell excess water that we don't need today. We are paying for that infrastructure that is providing for that capacity to be available. Based on the concerns expressed tonight, we need, to seek a balance between what our risks are of running short. Staff looked at what other options we had available. We are also partners with Cibolo in CVLGC. Mayor Carpenter expressed his thoughts which included the option of offsetting current operational costs by reselling water. Cibolo is a good neighbor. The agreement that has been presented seems fair. He understands the risk aversion. However, we also have the arrangement with SAWS. We are in a very strong position to import water should we have a catastrophic event. A lot of variables have been considered over the last 15 years. The agreement as written has both pros and cons. Is there a risk that we could potentially run short, yes absolutely? Purchasing water from SAWS would be costly, but it would work in an emergency. He asked council for a consensus to provide direction to staff. Mayor Carpenter recognized Mayor Pro -Tem Scagliola who moved seconded by Councilmember Gutierrez to approve Resolution No. 18 -R -93. The vote was 5 -1 -0 with Mayor Pro -Tem Scagliola, Councilmembers Gutierrez, Larson, Kiser and Crawford voting for and Councilmember Davis voting no. Councilmember Edwards was absent. Motion Passed. 9. Ordinance No. 18 -F -16 — Consideration and/or action approving an Ordinance granting an electrical transmission and distribution and communications franchise to the Guadalupe Valley Electric Cooperative, Inc. for the use of City streets, alleys, and public ways for a ten -year term. First reading (D. Wait) The following was read into record: ORDINANCE NO. 18 -F -16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, GRANTING AN ELECTRIC TRANSMISSION AND DISTRIBUTION, AND COMMUNICATIONS FRANCHISE TO THE GUADALUPE VALLEY ELECTRIC COOPERATIVE, INC. FOR THE USE OF CITY STREETS, ALLEYS, AND PUBLIC WAYS FOR ATEN YEAR TERM COMMENCING ON THE EFFECTIVE DATE; CONTAINING VARIOUS TERMS AND CONDITIONS WITH REGARD TO THE GRANT OF SUCH FRANCHISE; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR THE SUPERSEDING OF ANY AND ALL KINDS OF ORDINANCES, REGULATIONS, RULES, OR POLICIES THAT ARE IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. Mayor Carpenter recognized Executive Director Dudley Wait who introduced this item stating that since our meeting in April staff came to council for a first reading of this ordinance. It is time to renew the agreement with GVEC for them to use our right of ways 07 -24 -2018 Minutes Page - 11 - for the provision of electrical service. We have had an agreement with them for multiple years prior. Due to technology modifications there were a lot of changes to the contract. Not only do they wish to deliver electricity, but they would also like to deliver fiber optic intemet capacity. They also wanted to incorporate their street light agreement into the actual franchise agreement and not have it be its own separate document. After staff went through it and presented it to council it was approved on first reading and we turned it over to GVEC to review. GVEC had some concerns, so after more work and consultation with the City Attorney, we now have a document GVEC believes they can support. There are not too many drastic changes from what you saw last time. Mr. Wait then explained the conditions regarding mandatory publication notices and 90- day period requirements between first and second reading. Therefore, tonight, staff is back to do a first reading. We should also have GVEC's approval by tomorrow morning. Then the publication is next and if that goes off timely, staff will return on August 1 for the second reading. Mayor Carpenter recognized Councilmember Crawford who requested clarification on the street light clause that had been added. Mayor Carpenter asked if Mr. Wait was aware of any other conflicts with any other franchise regarding the changes that have been made. He answered no. Mayor Carpenter recognized Councilmember Gutierrez who moved seconded by Councilmember Larson to approve Ordinance No. 18 -F -16 first reading. 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. 10. Resolution No. 18 -R -85— Consideration and/or action approving a Resolution by the City Council of the City of Schertz calling an election to be held on November 6, 2018 for the purpose of electing councilmembers for Place 6 and Place 7 for a three year term and making provision for the conduct of the election; authorizing contracts with the Elections Administrators of Bexar and Guadalupe Counties to conduct this election; authorizing the election to be held as a joint election resolving other matters incident and related to such election; and declaring an effective date. (Mayor /Council/B. Dennis) The following was read into record: A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, CALLING AN ELECTION TO BE HELD ON NOVEMBER 6, 2018 FOR THE PURPOSE OF ELECTING COUNCILMEMBERS FOR PLACE 6, AND PLACE 7 FOR A THREE YEAR TERM AND MAKING PROVISION FOR THE 07 -24 -2018 Minutes Page -12 - Mayor Carpenter recognized City Secretary Brenda Dennis who stated the attached Resolution calls for the November 6a' Joint General Election to elect Councilmembers in Places 6 and 7 for a three -year term begining November 2018 and ending 2021. By contracting with Bexar and Guadalupe Counties many benefits are realized, such as: • Entities will divide the costs proportionately creating a savings to each entity • Utilize common Early Voting and Election Day poll locations • Utilize common voting equipment • Utilize common voting clerks • Reduce Voter confusion and difficulty by only having one location for all elections • Open more Early Voting locations within the different counties Action on this item will authorize staff to finalize agreements with Bexar and Guadalupe counties and their respective Election Administrators to conduct the City election as well as finalize a Joint Elections Contract with other entities. Guadalupe County Commissioners Court has met and approved the early voting and election day "Vote Centers'. Again, Guadalupe County will have Vote Centers on election day which means any Guadalupe County voter can go to any of the Vote Centers on election day to vote. Once Bexar County meets with Commissioners court they will issue their final early voting and election day locations. Our office should have this information no later than August IP. The estimated cost for the election is $36,357.25. As customary, election information will be posted on the city website as soon as it is received and anyone who has any questions can also call the City Secretary Office. Filing for a place on the ballot began yesterday and continues until 5:00 p.m. Monday August 20th. Early voting begins Monday, October 22 and goes through Friday November 2nd All this information will be available on the city's website as well as printed in the Schertz Magazine. I wish to take this opportunity to thank Patty Horan, EDC Executive Assistant for assisting me in translating the upcoming election notice in Spanish; as you know, it must be published in both English and Spanish. Staff recommends approval. 07 -24 -2018 Minutes Page -13 - Mayor Carpenter recognized Councilmember Davis who moved seconded by Councilmember Gutierrez to approve Resolution No. 18 -R -95. 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. 11. Ordinance No. 18 -M -25 — Consideration and/or action approving an Ordinance by the City Council of the City of Schertz Texas amending the City of Schertz Code of Ordinances and certain other ordinances by amending and establishing fees for certain licenses, permits, and other services provided by the City of Schertz for FY 2018 -19. First Reading (B. James /J. Walters) The following was read into record: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING T1 OF 1! CODE OF ORDINANCES i OTHER CERTAIN ORDINANCES 1 ESTABLISHING ♦ ' CERTAIN LICENSES, PERMITS, AND OTHER . ! 1 1'+ C CITY OF 1 Mayor Carpenter recognized Finance Director James Walters who provided Council a list of the fees charged by the city through its various departments. He highlighted the ones with changes (i.e., Library, Schertz Magazine, Event Facilities, Development Services). Councilmember Davis suggested staff clarify the language on the fee schedule regarding the definition of `frequent renter' who would be qualified for a discounted rate. Mr. James stated staff could do that before they bring the item back next time. Mayor Carpenter recognized Councilmember Larson who moved seconded by Mayor Pro - Tem Scagliola to approve Ordinance No. 18 -M -25 first reading. 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. 12. Resolution No. 18 -R -73 — Consideration and/or action approving a Resolution by the City Council of the City of Schertz approving Employee Policies related to Employee separation, determining salaries and filling position vacancies. (D. Wait/J. Kurz) The following was read into record: RESOLUTION NO. 18 -R -73 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING EMPLOYEE POLICIES RELATED TO EMPLOYEE 07 -24 -2018 Minutes Page -14 - SEPARATION, DETERMINING SALARIES AND FILLING POSITION VACANCIES AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized HR Director Jessica Kurz who stated staff had come before them in May seeking direction on a few personnel policies. The version they have in their packets has already gone through staff and legal review. Ms. Kurz said if anyone had any questions she would be happy to address them. Councilmember Kiser had a question regarding interpersonal employee relationships and fraternization and the option of transferring to another department. Mayor Carpenter recognized Mayor Pro -Tem Scagliola who moved seconded by Councilmember Kiser to approve Resolution No. 18 -R -73. 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. 13. Ordinance No. 18 -S -24 — Conduct a public hearing and consideration and/or action PH approving an Ordinance amending Part III, Schertz Code of Ordinances, Unified Development Code (UDC) Articles 9 and 16 to amend certain site design standards for public water and wastewater facilities, repealing all ordinances or parts of ordinances in conflict with this ordinance; providing a severability clause; and providing an effective date. First Reading (B. James/K. Woodlee) The following was read into record: ORDINANCE NO. 18 -S -24 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING PART HI, SCHERTZ CODE OF ORDINANCES, THE UNIFIED DEVELOPMENT CODE (UDC) ARTICLES 9 AND 16 TO AMEND CERTAIN SITE DESIGN STANDARDS FOR PUBLIC WATER AND WASTEWATER FACILITIES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE Mayor Carpenter recognized Project Manager Scott McClelland who stated article 9 involves site design standards. These were developed for commercial and multi - family uses in mind, but it didn't take into consideration public water and wastewater facilities. Staff also identified several requirements that were in conflict with goals, particularly in regard to land buffering, landscaping, tree planting and architectural requirements. In the past, these conflicts had to be carried through in variances prepared by both Planning and Engineering staff and presented to the various boards and commissions for approval. The changes before you are only limited to Public Water and Wastewater Facilities. Staff took the recommendations to the Planning and Zoning Commission (P &Z) on April 25t' 07 -24 -2018 Minutes Page -15 - and again on May 9t'. On June 13"' they went again to P &Z and had a workshop with everyone. On June 27"' P &Z recommended approval with a 6 -0 vote. Mr. McClelland went over some of the changes, such as adding the definition of what a Public Water and Wastewater Facility is. In Article 9, it addresses architectural, landscaping, and screening and fencing requirements. Mayor Carpenter opened the public hearing. As no one came forward to speak, Mayor Carpenter closed the public hearing. Mr. McClelland, Senior Planner Bryce Cox, and Acting City Manager Brian James addressed comments /questions from Council including Councilman Larson's request for more detail regarding the changes being recommended for architectural, landscaping and screening and fencing and why those are not compatible with the facilities. Mayor Carpenter recognized Mayor Pro -Tem Scagliola who moved seconded by Councilmember Kiser to approve Ordinance No. 18 -S -24 on first reading. The vote was 5- 1-0 with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Kiser and Crawford voting for and Councilmember Larson voting no. Councilmember Edwards was absent. Motion Passed. Roll Call Vote Confirmation City Secretary Brenda Dennis provided the Roll Call Vote Confirmation for agenda items 1 -13. Workshop • Overview of the City's credit card policy. (B. James /J. Walters) Mayor Carpenter recognized Finance Director James Walters who stated staff recently re- evaluated the city credit card policy, did some research as to what other cities had and has subsequently updated our credit card policy. Mr. Walters went over the general purpose, user liability, department head responsibility, appropriate use of the card, unauthorized use of the card, credit dollar limits, required documentation/recordkeeping, merchants and/or merchandise restrictions, credit card security, cardholder separation, internal review /audit, termination of privileges, user responsibilities and Finance Department responsibilities. Acting City Manager Brian James emphasized that the cards are mainly for the purpose of Mayor /Councilmembers attending training /meeting opportunities (i.e., TML Conference). Councilmember Davis recommended staff develop a list of guidelines (do's and don'ts) that card holders can reference to prevent themselves from getting into a difficult position. Mr. James acknowledged that Councilmember Davis had a valid point and said that staff can continue to work on addressing that. 07 -24 -2018 Minutes Page -16 - ® City of Schertz monthly Investment. Report presentation. (B. James /J. Walters) Mayor Carpenter recognized Finance Director James Walters who stated going forward, this is a report staff will be submitting to Council on a quarterly basis along with the quarterly financial report. The presentation provided definitions of certain investment terms (i.e., book value, yield, market value, maturity date, shares, etc.), a summary of city investments during June, and a chart reflecting monthly yields, investment types and use. Mr. James added that there is training always available that staff members attend and if anyone on Council is interested in attending one of these to let staff know. Mr. James continued addressing questions and comments by council members. There was a request from Councilmember Davis regarding the benchmark slide on investments; he asked if they could convert the one, three and six months to a line plot instead of a bar chart. Acting City Manager Brian James stated that staff would see how they could revise the chart and send it back to him. Closed Session Mayor Carpenter stated that normally he has said that when we have a council member missing and we poll the rest of Council to see if they want to take these items up, the only differing factor this time is he has a note from Councilmember Edwards saying he is fine if we go forward. Mayor Carpenter stated that he would ask that on item number 14 what is the desire of Council; do we want to meet and move forward this evening or wait for a full Council. Councilmember Larson stated that we should go forward as we did not meet last week and we will be off next week. No other objections by council were made. Mayor Carpenter convened into closed session at 9:04 p.m. and stated they would take a five (5) minute recess before convening. 14. 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. Reconvene into Regular Session Mayor Carpenter reconvened into regular session at 9:27p.m. Mayor Carpenter stated that the Council will not do a recess and will go directly into closed session under the following. 15. City Council will meet inclosed session under Texas Government Code Section 551.071, Consultation with the City Attorney and Section 551.074 Personnel Matters to deliberate a complaint about and the evaluation, duties or discipline of a City Council Member. 07 -24 -2018 Minutes Page -17 - 1 i I: 1111 /.. mass= 14a. Take any action based on discussions held in closed session under Agenda Item 14. 15a. Take any action based on discussions held in closed session under Agenda Item 15. Mayor Carpenter made a motion from the Chair that it will be the official fording of this Council that there has been no violation of our ethics code, code of conduct or rules of procedure pertinent to the allegations brought forward, seconded by Councilrnember Larson. The vote was 5 ayes and 1 present. Councilmember Kiser did not vote, and Councilmember Edwards was absent. Motion passed. Roll Call Vote Confirmation City Secretary Brenda Dennis provided the roll call confirmation for agenda item 15a. Requests and Announcements ® Announcements by the Acting City Manager. No announcements were provided. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Mayor Carpenter requested at our very next meeting an item for discussion and possible action on potential changes to the City Councils Rules of Conduct and Procedure and Council's Code of Ethics. Mayor Carpenter recognized Councilmember Larson who requested an item for discussion and possible action as it relates to the development code and the masonry wall requirement, He stated that this is the number one complaint that he has heard. He would like to have staff review it and come up with recommendations to include what other communities are doing, and any options we have to make changes. Mayor Carpenter recognized Mayor Pro -Tem Scagliola who requested information about the distribution of our water bills. He stated that his wife mentioned that she only had five (5) days to pay the bill when she finally got in the mail. He didn't think a whole lot about this at first, but he just received a letter from a resident asking the very same question. Maybe the water bill going through Cibolo Post Office slows down the process. 07 -24 -2018 Minutes Page -18 - His next request is that we look into our UDC zoning to allow for the zoning of green space. He is unsure if this would be needed to run through the Parks Department for consideration or just have a public meeting with a hearing of residents attached to it. He is unsure of the correct procedure. Lastly, he was up in New Braunfels for a tour and they have several murals and he asked how they had paid for them. The answer provided was from the Hotel Occupancy Tax (HOT) funds. He would like to explore some opportunities where we could use some of our HOT funds to beautify the city. Mayor Carpenter recognized Councilmember Crawford who had a question for the Mayor, which was that Father Ed had made some comments about issues on P &Z and UDC requirements. Is that something we should discuss on an agenda at some point or is this something staff is going to look into? In answer, Mayor Carpenter stated that Councilmember Larson just asked that it be on a future agenda, specifically about the 8- foot masonry wall. Councilmember Crawford stated that he would like to have placed on the agenda for discussion and possible action changing our Mayor Pro -Tem procedures back to the six - month rotation instead of one year to allow others to have training on the Mayor Pro -Tem position. Mayor Carpenter stated that we actually already have this on the next agenda because he already requested the Council Rules of Conduct and Procedure be placed on the next agenda for discussion. ® 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 Mayor Pro -Tem Scagliola who stated he had his brother in town this weekend; he is a retired police officer from Connecticut and he had made an appointment with our PD Chief Hansen. He thanked the Chief and his personnel for their time and making him look good. He also stated that about a week ago Mr. James had put out an email about appointments to different boards and commissions. He would love to have his name submitted to serve with the Sweetheart Court. Mayor Carpenter recognized Councilmember Gutierrez who stated he attended the following events: 07 -24 -2018 Minutes Page -19 - • Monday, July 16th Santikos Casa Blanca Nigh Out — visit at the Theatre over at the West side of town • Friday, July 20"' Hog Wild Seminar hosted by our law firm • Monday July 23rd YMCA hosted a Government Day • Friday, July 20th YMCA and Parks sponsored the Movie in the Pool • Monday, July 23rd attended the Cibolo dedication of a garden park for Ron • This morning he attended the Junior Police Academy • Tuesday, July 24th The Chamber Luncheon and during the luncheon Mayor Carpenter spoke on leadership. He thanked the Mayor. Mayor Carpenter recognized Councilmember Crawford who stated that it is nice to see that Sedona has their own HOA now. He also attended the HogWild Seminar hosted by our law firm on Friday. 16. Information available in City Council Packets - NO DISCUSSION TO OCCUR • Schertz Master Calendar update reflecting a change of the Committee of Committees Advisory Board. (B. James /S. Gonzalez) • Update regarding TMRS City Rates. (B. James /J. Walters) • City of Schertz Economic Development Corporation grant payment notification per the Economic Development Incentive Agreement with Texas Plumbing Supply Company, Inc. (B. James/K. Kinateder) • Pending informational items. Adiournment As there was no further business, Mayor Carpenter adjourned the eeting at 10:18 p.m. L.. --� Miehael=l� Eet€r,Vlayor Ps�O T�'� ATTEST: I �'' 1 Brenda Dennis, -City Secretary 07 -24 -2018 Minutes Page - 20 -