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08-14-2018 MinutesMINUTES REGULAR MEETING August 14, 2018 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on August 14, 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 Call to Order — City Council Regular Session 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 Mayor Carpenter called the regular meeting to order at 6:01 p.m. Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. ( Councilmember Gutierrez) Councilmember Gutierrez provided the opening prayer, followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. City Events and Announcements ® Announcements of upcoming City Events (B. James/D. Wait/S. Gonzalez) Mayor Carpenter recognized Executive Director Dudley Wait who provided the following announcements: Thursday, August 16th First Community Budget Meeting 6:30 pm Corbett Middle School 12000 Ray Corbett Drive Tuesday, August 21St Chamber Luncheon 11:30 am Civic Center Wednesday, August 22nd Second Community Budget Meeting 6:30 pm North Community Center 3501 Morning Drive 08 -14 -2018 Minutes Page - 1 - Thursday, August 23rd Third Community Budget Meeting 6 :30 pm Schertz United Methodist Church 3460 Roy Richard Drive Tuesday, August 281 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) Acting City Manager Brian James briefly mentioned the written updates for Council which are: 1) Library Summer Programs (M. Uhlhorn), 2) EDC Small Business Grant Approval Process (K. Kinateder), and 3) Pending informational items. ® Announcements and recognitions by the Mayor. (M. Carpenter) Mayor Carpenter stated he received two separate e -mails this week complimenting the Police Department and their service. Employee Recognition ® 20 years' Service Recognition — Daniel Pequeno — Public Works. (B. James) Acting City Manager Brian James came forward and provided a brief bio on Mr. Pequeno and his career with the City presenting him with his 20 -year service pin. Presentations ® Presentation on the Police Department's new Community Interactive Crime Mapping system. (D. Wait/M. Hansen/M. Bane) 08 -14 -2018 Minutes Page - 2 - Mayor Carpenter recognized Police Chief Michael Hansen who explained that his department has implemented several suggestions from a law enforcement report staff reviewed several years ago. They had established a strong social media presence several years ago advising the citizens of crime trends, traffic, other hazards and local events. In February of this year they began posting certain crime statistics online to warn the community of current trends and the dangers of leaving doors open and unlocked and the danger of leaving valuables visible. They have a citizen advisory group that reviews their policies before they are posted. As of last month, they have also begun posting their policies on the city website. Today he is presenting a new software program that will provide a new approach to crime data. The Crime Mapping System will be on the city's website as of tomorrow and will offer a list of events the viewer can choose to view. You can choose specific dates (i.e., last six months), click on a specific crime /offense and it will provide other information such as case number, date and time, etc. Viewers can also submit any tips /information related to the crime including photos. The submitted information will be received as anonymous. Other information is also being provided and citizens can sign up for crime alerts. It is still a work in progress and the department continues to work with the city IT Department to get the program fully in place. All information posted is public information. Chief Hansen addressed questions and comments from Council. Hearing of Residents Mayor Pro -Tem Scagliola recognized the following who spoke: ® Ms. Maggie Titterington, President of The Chamber, who provided some updates on various upcoming events. A Chamber Mix will be held this Thursday at Forest Ridge. On October 5"' they will be sponsoring their 9"' Annual Golf Classic. To date they have raised and donated $90,000 to the DECA Program for Clemens and Steele High Schools. Let The Chamber staff know if you wish to participate in the Golf event. Their Meet the Candidates event has now been moved to October 17ffi from 6:00 -7:30 p.m. at the Bluebonnet Hall in the Schertz Civic Center. As a reminder, the Skylight Festival is ten weeks away and right now they have 100 vendors participating. She encouraged everyone to come out for it. ® Mr. Glen Outlaw, 3729 Forsyth Park, who spoke about Agenda Item #9 regarding the proposed maximum tax rate, discussed the rollback rate, other taxes that homeowners are paying and the increase in property values. He also made the observation that two topics, 1) council rules and procedures, and 2) the use of social media by city council have been on the city council agendas for over a year now —and they are still showing up! ® Ms. Cathy Marston, 1024 Valley Forge Drive, who spoke about the need for the city to recommit to local mass transit and regional rail. In order to keep up with all the business 08 -14 -2018 Minutes Page - 3 - developments, etc., it is a smart business and environmental decision. Lastly, it accommodates older citizens and citizens with disabilities. Michele (Micki) Tereletsky, 705 Marilyn Drive, who spoke about the numerous times the council has discussed establishing ethics codes for the use of social media by council members and board members. She feels the only reason this topic continues to be discussed is that certain councilmembers do not like the fact that Councilmember Larson posts information to a personal social media account. She believes he knows what and how to post on his personal accounts and the citizens know the difference. She reminded Council they are put in office by the voters who can leave them in place or vote them out. Council is not in charge of a military installation and they are not in charge of any people unless you have your personal people. Neither Mr. Larson nor the citizens are council's subordinates. She asked that council move on to other things. Workshop ® Provide an update on the status of the Pavement Condition Index (PCI) projects and receive direction from Council. (K. Woodlee /J. Nowak) Mayor Carpenter recognized Engineer John Nowak who provided a PowerPoint presentation regarding the 2018 Street Preservation and Maintenance/Rehab Project update. Items included were: ® Northcliffe Original Plan: - Base repair where needed - Replace sections of curb and gutter /drive approaches - Shoulder mill and 2" overlay Mayor Carpenter indicated he left off one of the Hearing of Residents speakers and apologized to Mr. Fowler. Mayor Carpenter moved back to the Hearing of Residents and recognized Mr. Jim Fowler. ® Mr. Jim Fowler, 1057 Boxer Pass, who spoke briefly about the `Love Where You Live' partnership with the City of Schertz and what the volunteer group does and how they operate. He read a document he had for the Mayor's signature. They have been in operation for 3.5 years and worked on a lot of projects. He asked for the Mayor's signature on the document. In answer to a question from Councilmember Edwards Mr. Fowler explained where they meet and that they work closely with staff members of the Marshal's Division. Mayor Carpenter moved back to the workshop item regarding PCI projects. Mr. Nowak continued forward with his presentation. Northcliff Revised Plan: Core Samples Taken Asphalt 3/4" to 2" thick (hoped asphalt would be 3" thick; a 2" mill depth will expose the base) 08 -14 -2018 Minutes Page - 4 - - Pulverize existing material - Regrade material to proper shape - Cement stabilize the material - Place 2" of new asphalt Schertz Parkway Original Plan: - 2" full width mill - 2" asphalt overlay Revised Plan: Core Samples Taken Asphalt only 2" thick (hoped asphalt was 4" thick; a 2" mill would expose base) - 4" full width mill - Compact base - Place 4" of new asphalt - Need to relocate pull box at median nose; traffic signal wire replacement - Retaining was needed due to terrain Mr. Nowak addressed questions from Council and it was the consensus of Council to go forward with the plan as presented. Workshop ® Presentation and discussion of the FY 2018 -19 Proposed Budget. (B. James /J. Walters) Mayor Carpenter recognized Acting City Manager Brian James who provided a general introduction regarding the proposed budget and the many things involved in formulating it. From staff's perspective, the presentation this evening is going to be to raise the tax rate. From citizen's perspective now, they feel they are paying taxes but not getting a lot of value in return for it. The city buildings need attention and maintenance, more street repairs are necessary, and our parks need attention. Also, we are focusing on increasing efficiency in our services (i.e., new software packages, telephone upgrades, etc.). • As the city of Schertz continues to grow there is an increased cost to provide the same level of service. • While the city has been focused on keeping up with growth and community expectations, there has not been the funds nor the focus on ongoing maintenance and upkeep of existing infrastructure (facilities, streets /sidewalks, and parks). ® Reduced Revenue • Continued increase in Disabled Veterans Homestead exemptions (approx. $900K since 2014 -15 — recurring cost) o Ongoing decline in Court revenues (shift to community Policing philosophy) (approx. $1- million since 2012 -13 — recurring cost) • Proper allocation with HOT and EDC funds (approx. $260K — recurring cost) 08 -14 -2018 Minutes Page - 5 - The implementation of the Class and Comp Study • Approx. $1.6 million over the 4 -year period (recurring) • Employees still in bottom half of the market Increased cost to provide same level of service • Cost of fire service — to open a new station costs approx.: ® $1.2 million recurring staff and equipment ® $800K fire apparatus ® $ 8 million facility • Police vehicles ® $57K in 2010 -11 vs. $66K in 2018 -19 (15.8% increase over 7 -year period) The Solution: A Tax Increase to the rollback rate (going to 0.5146) • Other funding methods are not an option • Cannot continue to bond maintenance items (spend more money over time) • One -time increases in revenue is not sustainable (i.e. Permit revenues) • Cannot draw down on reserve funding (not in line with policy) • Cut the Budget • Reduce /eliminate programs and services • Base budget review in place to ensure same level of service year over year • Excess "fat" has generally been eliminated from budgets (2012 /13 midyear cut from the budget by approx. $700,000) • Tax increase provides recurring revenue for ongoing maintenance Why Now? • Break the cycle (continue to fall further behind each year) • Make a dent in the funding for ongoing maintenance Raise revenue or lower bar (being able to support the quality of the community) Costs continue to rise o Electrical Services —approx. $300K in 2010 -11 vs. $440K in 2016 -17 (46.7% increase over 6 -year period) This is What You Get • Approximately $800,000 in recurring revenue • $200K street/sidewalk maintenance (5 -year plan) • $200K park maintenance (5 -year plan) • $200K building maintenance (5 -year plan) • $200K toward programs that increase efficiency ® Licensed HVAC Technician Animal Services Shelter Mgmt. Software Road Tire Balancing Machine Radar Feedback Signs Finance Director James Walters who by a Power Point presentation stated on July 25, 2018 the City received the certified property tax rolls from the Guadalupe, Comal, and Bexar 08 -14 -2018 Minutes Page - 6 - appraisal districts. The Guadalupe Tax Assessor - Collector used this information, and information provided by the City of Schertz, to calculate the Effective and Rollback tax rates for the 2018 Tax Year. The FY 2018 -19 proposed budget is: ® Balanced Structurally ® Responsible ® Follows Financial Policies ® Provides Appropriate levels of service ® Focuses on priorities The Effective Rate is a calculated rate that would provide the city with about the same amount of revenues it received the year before on properties taxed in both years. The Rollback Rate is a calculated maximum rate allowed by law without voter approval. If Council adopts a rate higher than the Rollback Rate, citizens can petition for an election to reduce the rate back to the Rollback Rate. The 2018 Tax Year Effective Rate is $0.4892 per $100 of valuation and the 2018 Rollback Rate is $0.5146 per $100 of valuation. Staff is recommending a preliminary maximum property tax rate of $0.5146 per $100 which is the same as the Rollback Rate. This rate increase will provide for additional focus on Parks, Streets, and City Facility maintenance to boost the quality of services in these areas and meet citizens' rising expectations. In accordance with Chapter 26.05(d) of the State's Property Tax Code, a governing body must hold 2 public hearings on the tax rate if the proposed tax rate exceeds the lower of the Effective or Rollback Tax Rate. In this case, the hearings are required as the proposed rate does exceed the effective rate. Staff recommends holding public hearings on August 28 and September 4t' and encourages citizen participation and input in the adoption process. A one - quarter page "Notice of 2018 Tax Year Proposed Property Tax Rate for the City of Schertz" must be published in the local newspaper and online in compliance with Senate Bill 1510. The notice will contain information based upon a preliminary tax rate to be determined by the City Council and the dates of the public hearings. During the final tax rate adoption process Council can approve a lower rate at that time, however they will not be able to approve a higher rate without republishing the notices and holding additional public hearings. Due to timing constraints set by the State Tax Code 26.05(a), the latest council could set a new preliminary rate is August 14, 2018 without calling special meetings. The proposed maximum rate maintains quality service to residents and businesses and provides growth in service offerings based on input staff received from Citizens and Council from Retreats, Community Meetings, the Citizen Satisfaction Survey and elections. The current property tax rate is $0.4910 per $100 valuation. The proposed 08 -14 -2018 Minutes Page - 7 - maximum tax rate will increase to $0.5146 per $100 valuation. The M &O portion of the property tax rate will increase to $0.3497 from $0.3248 per $100 valuation. The I &S portion will decrease to $0.1649 from $0.1662 per $100 valuation. The annual impact on the average home value of $221,729 will be a $52.44 increase in the tax bill or $4.37 increase in monthly escrow payments. This rate increase is effectively a 5.2% increase in taxes. The City has focused heavily on keeping up with growth — adding police officers, building the third fire station, making improvements in new parks (Mary Whitfiled Burk Park, Heritage Oaks Park). The City has had to rely on issuing Certificates of Obligations, commonly referred to as CO bonds, to do some large maintenance projects that really should be incorporated into the City's general fund budget. Additionally, smaller maintenance projects are not being kept up with. These costs will only continue to grow over time as the City falls further behind, increasing costs to make the repairs /provide upkeep. Staff recommends the Council take a Record Vote on the preliminary maximum tax rate of $0.5146 per $100 valuation and schedule two Public Hearings for August 28, 2018 and September 4, 2018. Final adoption vote is scheduled for September 11, 2018. Councilmember Larson stated that governments at every level are mainly run by staff, and in Schertz we are fortunate to have a really good staff. However, when it comes to money council and staff tend to have two different perspectives, which is not necessarily a bad thing. One thing he is looking at is nobody is looking at cutting taxes or programs. Even at the effective tax rate your taxes are going to go up. He spoke about government entities limited resources, community growth, associated larger expenses, fmding efficiencies and lean government budgets. He suggested re- evaluating how we look at money, budgeting, awarding contracts, our service level, etc. He stated that he believes Texas has a property tax crisis. He spoke of the percentage people pay for property taxes. He believes the tax rate the city has right now is sustainable. He suggests setting the maximum rate at the effective rate or as a second suggestion set the rate at .0001 higher than the rollback rate and let the community tell us if we made the right choice. Councilmember Davis stated that he is not a fan of raising taxes. A few things to know are he can't find the rational to worry about every single taxpayer as there is not a `one size fits all' situation. Also, we can't control what Guadalupe County, the school districts, or the appraisal district does. The focus needs to be on what is right for the City of Schertz. He mentioned the budget process and how it worked in the past. Staff does a lot of work on it. He mentioned he discovered that staff would present their budget based on the previous year's tax rate. When he first got on Council he asked staff, what is it you need? What does the city need? They told staff to look at what they need and what the city needs? It then puts Council in a position to say let us set a tax rate that is right for the city. The city is very transparent about this budget process, holding three community budget workshops out in the different areas of the city and subsequently hold two public hearings. 08 -14 -2018 Minutes Page - 8 - He has looked at the budget and doesn't think there is anything in there that is not needed. The bottom line is we are a growing community and people want to move here. While he doesn't like paying more taxes, it is something they should at least consider. We hopefully will get citizen feedback at our upcoming community budget meetings/hearings. Councilmember Edwards stated the economy has recovered from 2008, personal income is up, and we almost have full employment nationwide. Interest rates are still low and government spending is up. As a city, we still have to function. We can't continue to operate with skeleton crews and the way we have been operating for the past several years. He believes we can stream line our efficiencies. We have neglected so many things over the past five years he believes it is time to start paying attention. In the past five years taxes were kept low and our reserves were built up. Automation processes are important. Mr. James is right, we need to go forward to give the citizens their value proposition. They are moving out here for a reason. Councilmember Crawford stated he agreed with what has been said. We can set the rate and hope we don't have to go to the top of that rate. Hopefully there are things we can adjust downward or cut. Mr. Larson brought up some points we may wish to discuss again. We do have to fix the streets /roads or it will cost more money later. However, he would like to see a number a little bit less than the .5146. We are a growing city. Councilmember Kiser stated what we are maintaining right now for a lot of residents is not acceptable. Some of the parks are in really bad shape; we don't need to add any more but maintain the ones that already exist. Infrastructure is critical, especially as we grow —it has to be maintained. Then there are the employees —it is not fair to tell them they are not going to get the money they deserve. We have a great staff and to keep them here they need a decent, fair wage. She agrees, maybe we don't need to have that .5146, but approve it now and then have the public hearings and if we need to bring it down, we bring it down. She thinks to not raise it up there and then to find themselves in a situation where they really need it and can't raise it - -that is not a good idea. Councilmember Gutierrez remarked on several things Councilmember Larson had brought up. He asked for clarity if council puts the rate at .5147, which Mayor Carpenter responded to saying it would allow citizens to petition for an election. He stated an election would cost about $30,000, so we have to look at that. He spoke of the amount of exempt property in the city, decreased municipal court revenue and the increase in permit revenue. He stated this is a tough decision, but we need to maintain the quality of life everyone expects from this city. He agreed with other councilmembers who stated we can put it at the rollback rate this evening and decrease it later if needed. Mayor Pro Tern Scagliola stated in his prior service on Council he has probably disapproved more budgets than he has approved. There has been a lot of emphasis on quality of life during the past few years. To a lot of people infrastructure is also quality of life. Therefore, it isn't an `either or thing', it is an `and thing'. Do we have the money to pay for what is needed in our community? He doesn't believe taxes are revenue. Keep taxes low, look for efficiencies, look for synergy. All the above, been there, done that, said 08 -14 -2018 Minutes Page - 9 - it all before. However, there comes a time when you have to stop trying to squeeze blood out of a rock. He believes it is time to talk about raising taxes. He doesn't think we can support what we expect in the city by keeping the taxes where they are. While he doesn't like the idea of raising taxes, some things are inevitable. Set the rate where it is, where you propose — as much as it pains him, he will go along with it. However, he also challenges staff to keep looking for more efficiencies. In regard to delaying things, we have learned some lessons from that. It ends up costing more. We can always bring down the number but can't raise it. Mayor Carpenter gave every councilmember a chance to speak one more time on this item. Items brought up were, what things could be cut, parkland, parkland funds, maintenance cost of parks versus maintenance cost of road/streets, Schertz Magazine, making difficult choices, Compensation and Classification Study commitment, relying on economic wins, tax rate history of the city, refinancing our bonds. Mayor Carpenter spoke about the reason for the largest tax increase in the history of Schertz and that it was for the purpose of securing the water system and having the city own that utility. There have also been times in the City when they have raised their tax rate with a plan and then brought it back down. He spoke more about having a plan. We have to decide if we are going to remain M &O focused or I &S focused. Are we going to break the cycle? Are we going to hold the line and borrow? Are we going to restructure the way we do business? Show him what we are going to do? Where is the money going to go? He will pay the increase if they can clearly articulate their plan to fix the things that need to be fixed and bring it back down to where it needs to be. They used to not have five year rolling budgets. They looked at individual years and did their best. If council chooses to raise the rate, then let's not look at it in a one -year window. Start thinking about a five - year view. Think about the priorities and where that money will go and how you will bring it back. Acting City Manager Brian James provided Council a list of programs along with their estimated costs that could possibly be cut to save money. However, this would not be staff's recommendation. There are probably others that could be scaled back as well. They could also go to each department and see what they could eliminate. Staff will continue to look for ways to be more efficient. There is always room for improvement. Staff will do their best no matter which way Council votes on it. Consent Agenda Items Mayor Carpenter recognized Councilmember Larson who requested that Items 5 and 6 be removed from consent for separate discussion. 1. 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. Final Reading (D. Wait) 08 -14 -2018 Minutes Page - 10 - The following was read into record: 1 "u- lmer,1104 001LIMED 2. Ordinance No. 18 -D -26 — Consideration and/or action approving an Ordinance providing that the Code of Ordinances for the City of Schertz be amended by revising sections 86 -118 — Maximum Limits in School Zones including the school zone for the Rose Garden Elementary on FM 1518 and providing an effective date. Final Reading (B. James/K. Woodlee /C. Palomo) The following was read into record: ORDINANCE NO. 18 -D -26 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE CITY CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS, BE AMENDED BY REVISING SECTION 86 -118, MAXIMUM LIMITS IN SCHOOL ZONES INCLUDING THE SCHOOL ZONE FOR ROSE GARDEN ELEMENTARY ON FM 1518 AND PROVIDING AN EFFECTIVE DATE 3. Ordinance No. 18 -D -27 — Consideration and/or action approving an Ordinance providing that the Code of Ordinances for the City of Schertz be amended by revising section 86 -118 — Maximum Limits in School Zones including the school zone for the Danville Middle School on FM 482 and Hubertus Road and providing an effective date. Final Reading (B. James/K. Woodlee/C. Palomo) The following was read into record: 1'11 1 1 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE CITY CODE OF ORDINANCES OF THE CITY 08 -14 -2018 Minutes Page - 11 - 4. Resolution No. 18 -R -97 — Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing the Acting City Manager to enter into an Interlocal Agreement with North Central Texas Council of Governments (NCTCOG) for Actuarial Services. (B. James /J. Walters) The following was read into record: 1 i 7. Resolution No. 18 -R -109 - Authorizing an amendment to the Interlocal Cooperation Agreement with the City of Cibolo, Texas and the Schertz - Cibolo - Universal City Independent School District regarding Police Services. (D. Wait/M. Hansen) The following was read into record: RESOLUTION NO. 18 -R -109 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A THIRD AMENDMENT TO THE INTERLOCAL COOPERATION AGREEMENT WITH THE CITY OF CIBOLO, TEXAS AND THE SCHERTZ-CIBOLO-UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT, AND OTHER MATTERS IN CONNECTION THEREWITH 8. Resolution No. 18 -R -110 — Consideration and/or action approving a Resolution authorizing the acquisition of permanent easements and property necessary for the completion of relocating pipelines and appurtenances related to the FM 1103 Road Widening Project. (D. Wait/J. Hooks) The following was read into record: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AUTHORIZING THE ACQUISITION OF PERMANENT EASEMENTS AND PROPERTY NECESSARY FOR THE COMPLETION OF RELOCATING PIPELINES AND APPURTENANCES RELATED TO THE FM 1103 ROAD 08 -14 -2018 Minutes Page -12 - WIDEN-ING PROJECT AND OTHER MATTERS IN CONNECTION TWREWITH Mayor Carpenter recognized Councilmember Davis who moved seconded by Councilmember Edwards to approve consent items 1 -4 and 7 & 8. The vote was unanimous with Mayor Pro -Tern Scagitola, Councilmembers Davis, Gutierrez, Larson, Edwards, Kiser and Crawford voting for and no one voting no. Motion Passed. Discussion and Action Items 5. Resolution No. 18 -R -105 — Consideration and/or action approving a Resolution authorizing the Acting City Manager to enter into a contract with Souzamaphone Marketing LLC for Graphic Design Services. (S. Gonzalez/L. Klepper/M. Geedman) The following was read into record: RESOLUTION IN 1119KIK100 E CITY COUNCIL OF THE OF • AUTHORIZING •'O O. GRAPHIC DESIGN 1 OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Councilmember Larson who asked for more information regarding the racking /stacking of the contractors for this item, especially, one and two as there was only a one -point difference, but then there was a big difference in the price estimates. Staff provided a more detailed score sheet and explanation. Councilmember Larson stated that the state requires objectivity when doing these evaluations, but he brings this up to council if they want to consider re- weighing how it is weighted/graded. This example shows a significant difference in cost for what looks like to be a very marginal difference in the other scores - -- $33,000 a year is not chunk change. Acting City Manager Brian James provided more information regarding how they procure services and enter into a contract; they have to follow state and city purchasing policy. Often, they talk about bidding things out. What they have the ability to do is simply make a decision based on cost. Everybody bids, and they go with the cheapest one. This may be the way to go in certain situations (i.e. buying cheap grade granite). But many times, that is not the best route to go as there are other considerations and so they develop a scoring list. In this case, cost was weighted at 20 %. Sometimes there is a concern such as we can't afford this, and we didn't weigh things properly. They can then essentially stop the process and put it back out for bid. As an example, they could raise the cost weight from 20% to 50 %. There are also other options to consider, frequency of publication, go electronic, scale back on the content, etc. Staff went into more detail describing these other options. 08 -14 -2018 Minutes Page - 13 - Councilmember Larson stated that what he is asking of this council tonight is to reject this resolution and put it out for a new bid with some new qualifications. This being said, Mayor Carpenter recognized Councilmember Larson who moved to not approve Resolution No. 18 -R -105. The motion died due to lack of a second. Mayor Carpenter recognized Councilmember Davis who asked where we are at in the cycle now in regard to the magazine? If they don't make a decision now, will it impact the publication of the magazine? The answer was that the current publication contract will expire at the end of September 2018. More discussion occurred amongst Council. Mayor Carpenter recognized Councilmember Larson who moved to reject Resolution No. 18 -R -105 and authorize staff to negotiate a month to month agreement if necessary while waiting for new proposals and change our process to weigh costs at 40% and the rest left to staffs discretion. Acting City Manager Brian James reminded Council that if they want to raise the emphasis on cost, it also might diminish the weight on quality. It is important to understand the consequences of this. We can be more cost effective but when we get complaints because the quality of the magazine may drop - -he doesn't think that is fair to staff. For clarification, Mayor Carpenter stated, we have a motion that says we are going to reject this current resolution, that costs would represent 40 percent of the consideration, and authorize staff to go out on a month to month basis. He stated Councilmember Larson has just handed him an amendment to his motion that would state that costs would stay at 40 %, experience /qualifications at 15 %, RFP sample at 10 %, QA Plan at 20% and Focus at 15 %. Mayor Carpenter stated in spite of what he has expressed before regarding showing him a 5 -year budget plan, etc. he advises that this evening is not the time for the scrutiny. The scrutiny begins tomorrow as you go back, get your budget book out and prepare for the citizen gatherings. Councilman Larson respectfully disagreed saying you don't wait until it is easy. The final rate will be approved in a month and we can't talk about a $100K savings on a contract. To him, that is ridiculous. Mayor Pro -Tern Scagliola stated the lowest bid sometimes winds up costing an organization more money in the end. He is adamantly opposed to weighting cost at 40 %. Councilmember Larson responded to this once again defending his original position. At the request of Councilmember Davis, Mayor Carpenter restated the motion: The motion is to disapprove Resolution No. 18 -R -105 and to request that staff go back out for another set of solicitation of bids, that staff be authorized to go month to month with the current provider and that the weightings be changed as follows: cost at 40 %, experience at 15 %, RFP Sample at 10 %, QA Plan at 20 %, and Focus Group at 15 %. Councilmember Davis seconded the motion. The vote was 4 -3 -0 with Councilmembers Davis, Gutierrez Larson, and Edwards, voting for, and Mayor Pro -Tem Scagliola and Councilmembers Kiser and Crawford voting no. Motion Passed. 08 -14 -2018 Minutes Page - 14- For clarity, Mayor Carpenter stated that the request of staff is to go back again to solicit bids, change the weighting, and you are authorized to work with the current provider month to month. Councilmember Edwards stated he would love to see this go digital and having this be a premier thing. However, Mr. James showed him some figures on the number of people utilizing the library who don't have WIFI at their homes -- 54,658 people using WIFI and there are only 8,288 computer users just through the summer. Do we continue to print? He, himself goes paperless in his office. If he can go paperless, he does; it is efficiency. If we don't embrace technology and go forward that is a mistake. That is why he voted the way he did. We should go digital. Mayor Carpenter pointed out if they went digital it would have an effect on various advertisers who have an interest in ads as it would change the volume of distribution. It could actually increase our cost position as the advertising revenues would be lower. It would also be interesting to ask people to opt in or out of print. He likes having the paper. He thinks a middle ground makes sense. How about we let staff go out with this and come back with some of the bidder info? 6. Resolution No. 18 -R -90 — Consideration and/or action approving a Resolution authorizing the Acting City Manager to enter into a contract with HydroPro Solutions for the purchase of Water meters. (B. James /J. Walters/D. Hardin - Trussell) The following was read into record: RESOLUTION NO. 18 -R -90 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A CONTRACT WITH HYDROPRO SOLUTIONS FOR THE PURCHASE AND INSTALLATION OF WATER METERS AND INFRASTRUCTURE AND ESTABLISHING THE BUDGET FOR THE PROJECT Mayor Carpenter recognized Councilmember Larson as he had requested this item be pulled from consent. Councilmember Larson requested that staff provide a brief breakdown of the bidding. Staff had indicated in the packet information that the reason the bidding was so close was because cost was weighted so heavily and on an infrastructure installation project he thinks Council has been pretty consistent in saying it is worth paying to do it right the first time. However, he also thinks it is their role to get involved in these more frequently. Mayor Carpenter recognized Councilmember Davis who asked did HydroPro .and Zenner propose the same type of equipment? Is everyone on the list using a different type of equipment? If there are different types of technology, it is hard for him to see that their bid is rated so high. Whoever is bidding with the worst equipment may have the lowest price which is skewing your input. 08 -14 -2018 Minutes Page -15 - Acting City Manager Brian James stated because it is so expensive and there is a one - million- dollar difference —while cost was weighed heavily, staff was careful not to weigh it so much that we got a system that didn't work to the point of, the lowest is not the best. The second bidder came up substantially because of cost, but they want to be clear that staff had significant concerns about their technology. There are drawbacks with that technology that allowed them to come back cheaper. They were the only ones who had that technology. IT Director Myles Clauser came forward and stated their infrastructure was basically a mesh network., Staff did a study three years ago and they looked at mesh networks in our geographical area and we have a lot of issues of being able to run connectivity over the distances we have. A mesh network is simply a bunch of mini nodes that pass information amongst themselves and then relay it to a central location. Staff felt it would not meet the requirements we needed in order to make this system functional. Acting City Manager Brian James interjected saying it met minimum requirements but had some drawbacks to it that caused it to score lower in other categories. Finance Director James Walters added that the funding for this is coming from the Certificates of Obligations issued this past July. Councilmember Edwards stepped away from the dais. Mayor Carpenter recognized Councilmember Larson who moved seconded by Councilmember Gutierrez to approve Resolution No. 18 -R -90. The vote was 6 -0-0 with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Kiser and Crawford voting for and no one voting no. Councilmember Edwards was absent from the dais. Motion Passed. 9. Resolution No. 18 -R -107 - Property Tax Rate – Consideration and/or action approving a Resolution taking a Record Vote on setting the Preliminary Maximum Tax Rate for FY 2018 -19 and Scheduling of Public Hearings on the proposed FY 2018 -19 Budget and Tax Rate. (B. James /J. Walters) RESOLUTION NO. 18 -R -107 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PRELIMINARY MAXIMUM TAX RATE FOR FISCAL YEAR 2018 -19, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Finance Director James Walters who stated that earlier staff had provided a presentation with the effective and roll back rates. Staffs current proposal with the budget submitted is to set the preliminary rate at the roll back rate of .5146. Mayor Carpenter asked Council if they had any further comments or questions and asked if Council wanted to wait for Councilmember Edwards to return to the dais. Councilmember Larson stated he felt like this had already been discussed. Mayor Carpenter openly entertained a motion. 08 -14 -2018 Minutes Page -16 - Mayor Carpenter recognized Councilmember Davis who moved to approve Resolution No. 18 -R -107 setting the preliminary maximum tax rate at .5146, seconded by Councilmember Kiser. Mayor Carpenter stated that since no one has a point of order or point of procedure he would call for the vote. The vote was 4 -2 -0 with Councilmembers Davis, Gutierrez, Kiser and Crawford voting for and Mayor Pro -Tem Scagliola and Councibnember Larson voting no. Councilmember Edwards was absent from the dais. Motion passed 10. Ordinance No. 18 -T-28 — Consideration and/or action approving an Ordinance by the City Council of the City of Schertz Texas authorizing an adjustment to the Fiscal Year 2017- 2018 Budget, repealing all ordinances or parts of ordinances in conflict with this ordinance; and providing an effective date. First reading (B. James /J. Walters) The following was read into record: AN ORDINANCE 1 CITY COUNCIL THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN ADJUSTMENT TO THE FISCAL YEAR 2 017-2018 BUDGET, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE Councilmember Edwards returned to the dais. Mayor Carpenter recognized Finance Director James Walters who stated that they come quarterly with budget adjustments that come about during the year. He pointed out that this one recognizes a lot of donations the city has received from community partners and this recognizes that revenue coming in and will increase their donation budget. Mayor Carpenter recognized Councilmember Davis who moved seconded by Councilmember Gutierrez to approve Ordinance No. 18 -T -28 first reading. The vote was unanimous with Mayor- Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards, Kiser and Crawford voting for and no one voting no. Motion Passed. Mayor Carpenter apologized to Councilmember Edwards stating he paused this evening to see if anyone wanted to raise a point of procedure or other item to wait for your return to the dais, but they were in a hurry. Mayor Carpenter recognized City Secretary Brenda Dennis who apologized stating she had stepped away for a moment and asked him to recap the motions for items 9 and 10. Mayor Carpenter recapped the following: Item 9: Motion was made by Councilmember Davis to set the rate at the roll back rate of .5146 seconded by Councilmember Kiser. Councilmembers Davis, Gutierrez, Kiser and Crawford voted aye, Mayor Pro -Tem Scagliola and Councilmember 08 -14 -2018 Minutes Page -17 - Larson voted nay. Councilmember Edwards was present in the chambers but not at the dais for the vote. Mayor Carpenter recognized Councilmember Edwards who stated that he would have voted yes. Item 10: Motion made by Councilmember Davis, seconded by Councilmember Gutierrez to approve Ordinance 18 -T -28, the vote was 7 ayes and no nays. Mayor Carpenter recognized Councilmember Larson who stated that he failed, and his fellow Councilmembers did also, not intentionally, and did not wait for Councilmember Edwards to return to the dais, and he wanted to make a motion to reconsider Item 9 Resolution No. 18 -R -107. Mayor Carpenter stated that as a member of the minority vote he would be out of order in making a motion to reconsider; but if someone in the majority would like to make a motion to reconsider, he certainly, would entertain that motion. Mayor Carpenter recognized Councilmember Davis who moved seconded by Councilmember Crawford to reconsider item 9 Resolution No 18 -R -107. 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 reopened agenda item 9 and read the following: 9. Resolution No. 18 -R -107 - Property Tax Rate — Consideration and/or action approving a Resolution taking a Record Vote on setting the Preliminary Maximum Tax Rate for FY 2018 -19 and Scheduling of Public Hearings on the proposed FY 2018 -19 Budget and Tax Rate. (B. James /J. Walters) RESOLUTION NO. 18 -R -107 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PRELIMINARY MAXIMUM TAX RATE FOR FISCAL YEAR 2018 -19, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter stated that the previous vote was recorded but vacated. Mayor Carpenter recognized Councilmember Larson who made a motion to set the preliminary maximum tax rate for FY 2018 -19 at the effective tax rate; motion failed for lack of second. Mayor Carpenter recognized Councilmember Davis who moved seconded by Councilmember Kiser that they set the preliminary maximum tax rate to the roll back rate of .5146. The vote was 5 -2 -0 with Councilmembers Davis, Gutierrez, Edwards, Kiser and Crawford voting for and Mayor Pro -Tem Scagliola and Councilmember Larson voting no. Motion passed 08 -14 -2018 Minutes Page - 18 - Workshop ® Discussion and possible action regarding the City Council Rules of Conduct and Procedure and Council's Code of Ethics. (Item requested by Mayor Carpenter and Councilmember Crawford) Mayor Carpenter recognized Councilmember Crawford who stated that he would like to recommend the following change to the rules regarding the appointment of the Mayor Pro - Tem position back to the way it was and read the following: Article 5 Section 5.1 Appointment Procedure for the Mayor Pro Tem. (a) The Council will discuss, and with a majority vote, appoint the Councilmember to serve as the Mayor Pro Tem for the City. (b) The appointed Mayor Pro Tem must be a Councilmember and must meet the qualifications of Section 4.02 of the City Charter. In addition, to be appointed to the position of Mayor Pro Tem, a Councilmember must be an elected member of Council and a member in good standing. (c) Term dates for the Mayor Pro Tem position will begin in February and August of each year (the election dates offset by three (3) months). Terms will sequentially rotate according to Councilmember place. (d) If the Councilmember place that is up for appointment as Mayor Pro Tem is vacant or is held by a Councilmember who is not qualified to serve as Mayor Pro Tem, the Mayor Pro Tem appointment will go to the next qualified Councilmember. (e) The position will have a term of office of six (6) months. (f) The appointed Mayor Pro Tem may be removed by Council by a two- thirds (2/3) majority vote of the members of Council at any time during his or her term. (g) Council reserves the right to alter this procedure at any time by resolution or rule. Councilmember Crawford stated that this would give others the opportunity to serve; he indicated that change would be effective now but would actually start in February of 2019. Councilmember Crawford therefore made a motion seconded by Councilmember Edwards to change the City Council Rules of Conduct and Procedures related to the appointment of the Mayor Pro -Tem Position back to the way it was. Members of Council provided their thoughts and comments regarding the proposed change in the procedure. Mayor Pro -Tem Scagliola indicated that the Council would still have the ability to vote on the appointment and asked if that. would still be done. Mayor Carpenter stated that this was correct. 08 -14 -2018 Minutes Page -19 - Mayor Carpenter asked the members to think about this, because we have seen it in recent years, and in the history of the City there has been two times where the Mayor has left office before their term was up. There have been three Mayor Pro -Tem's that have served as the Acting Mayor at each of those two occurrences. He stated that if you like the rotation that you give yourselves an opportunity potentially to revisit that in the possibility of the incapacity, removal or passing of the Mayor, and reminded them that when you are stepping into the Acting Mayor role, it is a big step, just ask Mayor Pro -Tern Scagliola; he would ask that council consider that. That being said it is your domain and it is the City Councils Rules. Mayor Carpenter recognized Mayor Pro -Tem Scagliola who stated that the motion reads that it goes on a rotating basis, however it is at the will of the Council who serves as Mayor Pro Tem so certainly the one that comes up may be eligible. However, the individual still needs to be voted in by the Council. Mayor Carpenter answered that is a fact. Mayor Carpenter recognized Councilmember Gutierrez who requested a point of information and asked, so are we adding language to include that should the Mayor not be available that the Acting Mayor Pro -Tem is not seated in that position unless the Council votes on it? In answer no, there is no language that talks about the incapacitation of the Mayor that is not already in the City Charter and the Rules of Conduct and Procedure which would say that whoever the current Mayor Pro-Tern is at the time that the Mayor is no longer able to be in office or the incapacity to take office, that person would serve as Acting Mayor until such time as an appointment was made by Council or an election held. This did occur when Honorable Hal Baldwin passed away and the Mayor Pro -Tem at that time was George Antuna and then when his term ended as Mayor Pro -Tem, Doctor Scagliola fulfilled as the next rotating Mayor Pro -Tem position and served until we had an election. As there were no further comments, Mayor Carpenter called for the vote. Mayor Carpenter called for the vote. The vote was 6 -1 -0 with Mayor Pro -Tem Scagliola, Councilmembers Davis, Larson, Edwards, Kiser and Crawford voting for and Councilmember Gutierrez voting no. Motion passed. Mayor Carpenter stated that this item will need to be brought back by staff by ordinance, and the ordinance will need a first and second reading. Mayor Carpenter stated that he asked that we have a conversation regarding both the Council Rules of Conduct and Procedure and the Council Code of Ethics regarding a recent situation we went through as he discovered some things that are incongruent in the rules and he needs both our City Attorney's assistance and the assistance of City Council to rectify. In particular in what we have in our City Council Code of Ethics, the first one is that on page 8 the section titled Procedure for Conducting Inquiries, the second paragraph reads "All Council members who are not the subject of an inquiry have a right to participate in the inquiry process regarding violations or alleged violations and their subsequent enforcement ", which says as you read that even in the context of the preceding 08 -14 -2018 Minutes Page - 20 - and following paragraphs, the person that is the subject of the inquiry does not have a right to participate in that inquiry process. However, they do have a right to provide a written statement responding to the findings of the inquiry. The problem that we have there is if we go to our Rules of Conduct and Procedures in Article 2 Section 2.5 which is entitled "Right to the Floor ", it says subject to Section 8.5, any councilmember or member of the City staff desiring to speak shall be recognized by the Mayor (or presiding officer in the Mayor's Absence) at an appropriate time and shall confine his/her remarks to the subject under consideration or to be considered ". That is not ambiguous language. So we have one thing in our Code of Ethics that says the person that is the subject of the inquiry does not get to participate verbally in that discussion but can provide a response in writing, and yet we have a section under the Rules of Conduct and Procedure that say that a Councilmember has the right to the floor and it's unambiguous language that the individual shall be recognized by the Mayor. He previously, back in the spring time, asked the Council if Section 2.5 could be backed down a little so that there would be some discretion for the Chair to decide on whether or not someone shall be recognized; Council was emphatic in saying No, we are not going to grant you that authority as the Chair; it needs to read the way its read, but now we have an inconsistency with the Code of Ethics and the Rules of Conduct and Procedure. He stated that he personally thinks that it is appropriate for a member of Council that is the subject of the inquiry to participate in that inquiry, in their own defense amongst their peers, and we also have an item if he is not mistaken form our City Attorney that State Law says that a member of City Council that is the subject of that inquiry, if that inquiry has been scheduled to be in closed session then that member has the right to say that they wish for that to be held in open session, but if it is held in open session that member does not have the right to speak or has a conflict where they said they have the right to speak in one set of rules but not in the other; it's almost a resolvable position of the Chair. Mayor Carpenter stated he would like the Council to entertain, and if Council does not object, allowing him to work with the City Attorney and revise the language in our Code of Ethics to allow the member or members who are the subject of an inquiry to participate in the discussion. Mayor Carpenter recognized Mayor Pro -Tem Scagliola who stated that with striking the words "who are not the subject of an inquiry" just taking those words out so that it reads "All Council members have a right to participate in the inquiry process regarding violations or alleged violations and their subsequent enforcement ". Would that satisfy his intentions? Mayor Carpenter answered, it sure would. Mayor Pro -Tem Scagliola moved that we strike the words "who are not the subject of an inquiry" leaving the rest of the paragraph; the motion was seconded by Councilmember Larson. 08 -14 -2018 Minutes Page - 21 - Mayor Carpenter called for the vote. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards, Kiser and Crawford voting for and an no one voting no. Motion glassed. Mayor Carpenter stated that we will also need to change this by ordinance. Mayor Carpenter had one more item and he would like for Council to think about this. It may not be able to be resolved this evening, but it is something that he has learned over the past couple of years. He stated that most recently as an allegation of an ethics violation was brought forward he met with the City Attorney and Mayor Pro -Tem, largely as he is directed to do so by the ethics codes. On page 8, as well as the first paragraph reads "the role of leading an inquiry of any Councilmember for any violation or alleged violation of this policy lies with the Mayor, Mayor Pro -Tem, and if approved by Council, an independent attorney or investigator. If the Mayor is the subject of an inquiry, the Mayor Pro -Tem, or the next ranking official by seniority and, if approved by Council, an independent attorney or investigator will lead the inquiry. The City Attorney shall not conduct the investigation of any Council member." Following directions on page 8 he met with the Mayor Pro-Tern and had discussion with the City Attorney about interpreting the Code of Ethics. What he suggested in that meeting was that there is, and he asked them if they would confirm, is there a method in the Code of Ethics by which the Mayor and or the Mayor Pro -Tem in carrying out their duties under this code, to make a determination that an allegation is potentially without merit. The answer from the Mayor Pro -Tem and the City Attorney was no that's not there. You do not get to have any discretion if something is brought forward, you have to handle it and you have to take it to closed session, and again if someone wants to bring it in open session, you have to do that. He would argue that it would be appropriate; and again he is open to suggestions on this, if the Mayor and the Mayor Pro -Tem, or the Mayor Pro -Tem and someone else evaluate an allegation and come to the conclusion that the allegation is without merit and therefore does not have to be placed on an agenda, that they be able to refer that to some subset of this body for an evaluation independently of those two and say does this have merit and should it come forward. Mayor Carpenter stated that he does not know how to do this and deferred to City Attorney Dan Santee. He believes, as he has done some research, that there are Councils out there that have an Ethics sub - committee that does a review of such matters. He is unsure if that is even legal being able to do it, but his point is he would like to have some help from his colleagues and from our City Attorney in finding a why, where if something is brought forward and deemed to not be an actual violation. Or for example, if a violation is alleged and there is no substance to it as to what has been violated, that there is a way to say there is not a need for that to come forward. 08 -14 -2018 Minutes Page - 22 - Mayor Carpenter asked City Attorney Dan Santee if that is something he could work on for them? City Attorney Dan Santee stated that he would be happy to look into this and one thing he would say is we would want to avoid at any point that we have a quorum of Council looking into this. He does not want the Mayor and Mayor Pro -Tem to defer it to a sub - committee of council, possibly having a quorum. Mayor Carpenter stated that if there is not a method by which to filter, then if you get an 8- member council like this that's in a faction of 2 -2 -2 -2 and they want to constantly lobe allegations at each other, we could spend every night all night in the back room, without a way to mediate that. This was an extreme example but there needs to be a way to evaluate the veracity of an allegation. Mayor Carpenter recognized Councilmember Larson who stated that he appreciates the logistical concern, but it would be very frightening for him just thinking of the stories he has read. We are a smaller body and he appreciates the logistical concern but he would be very wary to give power to members of council to squash ethics investigations. In just looking at Texas news stories over the past few years it shows you how dangerous that could quickly become. Mayor Carpenter stated that this is a concern in regard to the two allegations himself and going into closed session and discovering there was nothing to be presented, how did that serve the City. It simply put us in a bad light and frankly it was during an election season and it came from his political opponent. Should that be a tool for election season? He is not sure that it should. He will leave this with the City Attorney to see what he can come up with that is equitable and keeps us from dealing with frivolous allegations. Not to say that we have had this, but he feels that he went through this. He is concerned about this. Mayor Carpenter recognized Councilmember Crawford who stated that recently he, the Mayor and Mayor Pro -Tem and City Attorney had a discussion without the other Councilmembers around and made a decision. Mayor Carpenter in reply stated the only decision they made was there was nothing in the codes that allowed us to do anything other than what the codes said. Councilmember Crawford asked is that not ok? In response, Mayor Carpenter stated that if the Council said that was ok then we can leave it alone. Councilmember Crawford stated that he figures that if he the Mayor and Mayor Pro-Tern are discussing something and the City Attorney is involved that is probably a fair way of looking at things. In answer from the Mayor, except that there was no way that something did not rise to the level of taking it forward. Mayor Carpenter stated that we were handcuffed by what is in the print. Mayor Carpenter stated that he is asking the City Attorney to help us that if there was a frivolous allegation or can an allegation be determined to be frivolous without it being put on an agenda. Councilmember Crawford was satisfied with the City Attorney looking into this. 08 -14 -2018 Minutes Page - 23 - Councilmember Davis stated that he sees there is some ambiguity and agrees to have the City Attorney look at this and bring back his suggestion as he sees where this could drive the Council into possibly several closed session meetings. Mayor Carpenter thanked the Council for indulging him in this conversation. ® Workshop/Discussion regarding City of Schertz UDC masonry wall requirements. (B. James/L. Wood/B. Cox) (Requested by Councilmember Larson and Councilmember Crawford) Mayor Carpenter asked if this item was immediately critical and would they like to take this up at a future meeting. Councilmember Larson stated that he would be ok with this going to a future meeting, but then stated staff was ready. Mayor Carpenter recognized Senior Planner Bryce Cox who stated that we had already discussed this at the last meeting and there was not a full council so as long as we do he would do as last meeting where there was not a recommendation to staff. Mr. Cox stated he will hold the presentation and understands that Council has read the memo that was in the packet and is available to answer questions. As Councilmember Larson requested this he stated he would like staff to prepare an item that could find a happy medium that could reduce the requirements so that our developers have flexibility. His request is two -fold; he would like to have a little more flexibility in terms of material and costs but also flexibility for staff to make reasonable exemptions when necessary. Mr. Cox stated at the last meeting we did not talk about the different materials. There is a reason that it is masonry. If we use wooden fencing, he is sure that it is hard for an HOA to keep their property owners to maintain their fences. It is a very difficult item for us to enforce from a Code Enforcement level on private commercial property. There is another option that is feasible that is out there, and we do allow multiple concepts of masonry. We allow fenceCrete — a type of fence with masonry columns or metal paneling. Councilmember Larson stated he would like to see what other communities are doing and would like to see if staff could have the flexibility to waive the requirement. Acting City Manager Brian James stated that staff can certainly put together what the other bench mark cities are doing. The pros of a masonry wall are that they require the least maintenance on the part of that commercial business that you can do, once it goes up it's up and it lasts a significant amount of time. Landscaping living screenings have to be kept up and alive and wood fencing deteriorates quicker. There are those pros and cons. Mr. James stated that he would not be comfortable letting the staff have discretion, unless Council came up with a set of criteria upon which they would use to base those decisions. He would rather send it over to the Planning and Zoning Commission or City Council for approval. If we can come up with that criteria, then so be it. Staff shared positive comments 08 -14 -2018 Minutes Page - 24 - from residents regarding recently placed walls and how our community looks. Staff also shared the following: Residents Pro's Con's shared with staff in regard to the screening requirements: Pro's Con's The screening wall provides for increased If the non - residential property had some safety from the proposed non - residential existing vegetation and the adjacent development. residents had grown accustomed to seeing the vegetation on the property, the resident would rather see a full landscape screening than having to look at a masonry wall. The screening wall provides for increased mitigation from the noise and light that comes with non - residential development. Staff provided the following as they are considering alternatives to the current UDC requirements: ® City staff does not have the ability to review and approve alternative screening or buffering standards, nor does the UDC provide a provision that allows alternatives to be reviewed by a Board or Commission. • Staff has been considering a concept for a proposed UDC amendment to allow staff to both evaluate and approve an alternative design standard. • To institute this alternative, planning staff would draft and propose a UDC amendment that would allow non - residential and multifamily developers two options on their screening and buffering standards. — Option # 1: would be to install the masonry wall with a lower requirement for landscaping and a reduction in the buffer width. — Option #2: would be to not install the masonry wall, but rather plant a full landscape screening that forms a continuous barrier from the first day the business is open with an increased buffer width. ® This would allow for areas that a masonry wall doesn't necessarily conform to the adjacent residential aesthetics the ability to still provide buffering and screening in a more aesthetically pleasing way. Additionally, planning staff feels that this requirement should only be required between non - residential or multifamily development and residentially zoned property and exclude the provision regarding residentially used property. Mayor and Council provided their comments and addressed questions to staff. 08 -14 -2018 Minutes Page - 25 - It was the concurrence of Council for staff to come back and provide some possible options as well as provide information on what our neighboring cities are doing. City Secretary Brenda Dennis provided the roll call vote for items 1 -10. Closed Session Mayor Carpenter moved into closed session at 11:10 p.m. 11. 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 Pro -Tern Scagliola reconvened the regular meeting at 11:33 p.m. stating Mayor Carpenter was in the back handling some administrative duties. 11 a. Take any action based on discussions held in closed session under Agenda Item 11. No action taken under this item. Requests and Announcements • Announcements by the Acting City Manager. No further announcements were made. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No items were requested. ® 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 No announcements were provided. 08 -14 -2018 Minutes Page - 26 - 12. Information available in City Council Packets - NO DISCUSSION TO OCCUR Library Summer Programs (M. Uhlhorn) EDC Small Business Grant Approval Process (K. Kinateder) Pending informational items. Adi ournment As there was no further business, Mayor Pro -Tem Scagliola adjouthe meeting at 11:34 p.m. R. Carpenter, Mayor ATTE : - s Brenda Dennis, City Secretary 08 -14 -2018 Minutes Page - 27 -