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08-07-2018 MinutesMINUTES REGULAR MEETING August 7, 2018 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on August 7, 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 Pro -Tem David Scagliola Councilmember Ralph Gutierrez Councilmember Angelina Kiser Councilmember Mark Davis Councilmember Cedric Edwards Councilmember Bert Crawford Staff Present: Acting City Manager Brian James Executive Director Dudley Wait Assistant to the City Manager Sarah Gonzalez City Attorney Dan Santee City Secretary Brenda Dennis Mayor Carpenter and Councilmember Larson were absent. Call to Order — City Council Regular Session Mayor Pro -Tem Scagliola called the regular meeting to order at 6:00 p.m. Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Davis) Councilmember Davis provided the opening prayer, followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. Employee Recognition • EMS, Benjamin Potts, Paramedic • Utility Billing, Luke Zertuche, Meter Tech I • Police, Jerry Perez, Code Enforcement Officer • Public Works, Chance Sears, Street Worker I, Deon McAfee, Drainage Worker I, Davian Herrera, Drainage Worker I • Inspections, Steven Roberts, Building Inspector Each Department Supervisor introduced their new staff member(s) and provided a .brief bio on them. Mayor Pro -Tem Scagliola and Council welcomed everyone on board. Mayor Pro -Tem Scagliola recognized Boy Scout Tyler Peake from Troop 51 who is in the audience this evening working on his Citizenship Merit Badge. Presentations • SchertzQ and 60th Anniversary (S. Gonzalez/M. Spence /C. Michels) 08 -07 -2018 Minutes Page - 1 - Mayor Pro -Tem Scagliola recognized Events Manager Mary Spence and Events Specialist Cassie Michels who presented details of the SchertzQ ev;nt and the upcoming 60th { Anniversary celebration of our city. The 60th Anniversary will be held at Pickrell Park on Friday, September 14 and Saturday, September 15. This will be a family event and there will be a BBQ Competition as well. There will be life sized yard games, Sound Cream Airstream, Settlers Corner, a car show, junk art and art contests, birthday cupcakes, root beer and more. The SchertzQ event will be held September 15 and host a BBQ Cook -Off. There will be food, crafts, business vendors, live music, a carnival and, more. Lastly, there will be a fireworks display, probably around 8:15 p.m. Saturday evening. City Events and Announcements • Announcements of upcoming City Events (B. James/D. Wait/S. Gonzalez) Mayor Pro -Tem Scagliola recognized Assistant to the City Manager Sarah Gonzalez who provided the following announcements: Thursday, August 9th Northeast Partnership Meeting 11:30 am Olympia Hills Golf and Conference Center Tuesday, August 14th City Council Meeting 6:00 pm Council Chambers Thursday, August 16th First Community Budget Meeting 6:30 pm Corbett Middle School 12000 Ray Corbett Drive Wednesday, August 22nd Second Community Budget Meeting 6:30 pm North Community Center 3501 Morning Drive Thursday, August 23rd Third Community Budget Meeting 6:30 pm Schertz United Methodist Church 3460 Roy Richard Drive Tuesday, August 28th City Council Meeting 6:00 pm Council Chambers 08 -07 -2018 Minutes Page - 2 - 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) an update of our capital improvement projects, 2) a plan for handling the utility billing notices in the future, 3) the EDC second quarter update, and 4) the quarterly financial report. • Announcements and recognitions by the Mayor. (M. Carpenter) No announcements were made. Hearing of Residents Mayor Pro -Tem Scagliola recognized the following who spoke: Mr. Mark Allen, 308 Antrium, who inquired if there was going to be a future agenda item regarding widening Wiederstein Road and Old Wiederstein Road. He would like to see a presentation by staff at Council with more information regarding the city's plans for making future improvements on them. Acting City Manager Brian James stated we are close to getting an agreement signed with the City of Cibolo to get going on that project. • Mr. Brent Bolter, 2633 Clover Brook Lane, who spoke regarding a past closed session agenda item regarding a possible violation by a councilmember of the council code of ethics. Council came out of closed session and announced no violation had occurred. He would like to propose a change in procedure relative to situations where folks have been nominated by the interview committee to serve on a board or commission. The nominees) should be given a chance to respond to any negative actions. This would be more fair. 08 -07 -2018 Minutes Page - 3 - Ms. Allison Heyward, 2628 Hansel Heights, who spoke about the hard work Council does in planning the city budget despite having full time jobs. At the recent retreat, they discussed not only next year's budget but also forecasted for 4 years out. She appreciates the fact that citizens are allowed to attend and thus be part of the process. She encourages other citizens to attend one of the three upcoming Budget Meetings this month. She thanked Council for their commitment and transparency in this process. Workshop ® Workshop/Discussion regarding amending and revising the Solicitation Ordinance. (D. Wait/M. Hansen) Mayor Pro -Tern Scagliola recognized Assistant Police Chief Marc Bane who provided a powerpoint presentation regarding their Peddlers and Solicitors Ordinance. They wish to update it and address the following topics: 1) Hours of soliciting, 2) Entry upon premises /property 3) Property owners rights, 4) No Soliciting notices, 5) Age requirements, 6) Soliciting in the roadway, 7) Ordinance definitions, and 8) improvement of the overall permitting process. During the past 12 months, the Police Department has received 162 calls for service in regard to solicitors and panhandlers. The current ordinance is dated and more terms are needing to be added: aggressive manner, automated teller facility /machine, bank, canvasser, conspicuously displayed permit, handbill/flyer, panhandle, parking meter pay station, peddle, public area, charitable organization, and check cashing business. Currently, soliciting is prohibited from 6 p.m. to 10:00 a.m. and all day on Sundays, which our Legal Counsel has advised us is legally too restrictive. Recommendations were presented to Council for the permitted time frame, entry restrictions upon premises /property, property owner rights, and gated communities. Other topics addressed were age requirements, roadway soliciting and offenses. Changes they would like to recommend for the permitting process include: - Obtain a photocopy of the solicitor's drivers license or state ID. -If it is a commercial organization, include name and contact info of the owner. -If it is a commercial organization, include supervisors identifying contact info. - Include a full list of goods /services to be rendered. -A copy of any sales agreement/contract. -A description of the vehicle to be used during solicitation. - Review the applicant's criminal history and address the city's right to deny a permit. - Reword their performance bond language. - Display an ID that is visible to residents when approached by a solicitor. Mayor Pro -Tem Scagliola stated he needed to go back to the Hearing of Residents as he previously accidently omitted a speaker. After that, he will move back to this item for council questions and comments. 08 -07 -2018 Minutes Page - 4 - Hearine of Residents Ms. Janet Barnett, 10650 Boenig Drive, who spoke regarding her property (25 acres). They never had an issue until Laurel Ridge was built. More houses came and now they have flooding and .drainage problems. She would like some help with this issue. Mayor Pro -Tem Scagliola moved back to the Workshop portion of the agenda. Workshop ® Workshop/Discussion regarding amending and revising the Solicitation Ordinance. (D. Wait/M. Hansen) Assistant Police Chief Marc Bane addressed the following questions /comments from Council: - -Is handing out an election campaign flyer solicitation? - -Do we plan on having any specific language /waivers addressing youth groups or school fundraising? - -Can you require a deposit on the lanyard and a specific time for it to be returned? - -Van Drop- offs —Young adults with backpacks, they hit the doorbell over and over, walk . into your garage or backyard. What action can be taken to prevent this? - -For residents being bothered, is there a number they can call? Mayor Pro -Tem Scagliola asked what Council needs to do moving forward. Assistant Chief Bane stated they just wanted to bring some recommendations to Council of what they are looking at and start a discussion as they move forward to make changes. They have a current redline copy of the Ordinance that they can provide them and staff will just keep working on it till they get it right. Meanwhile, if residents are being bothered by solicitors they can call the primary Police Department number and if it is an emergency, call 911. Workshop /presentation by City Attorney regarding initial framework of social media, for Councilmembers. (D. Santee) Mayor Pro -Tem Scagliola recognized City Attorney Dan Santee who provided a power point presentation on this topic with the following highlights: For City Councilmembers and appointed board commissioners -- just like private email accounts used for public business or text messages from a private phone about public business— intemet postings on a private account regarding public business are subject to the Texas Public Information Act. Once requested under the Texas Public Information Act, internet posting from a private account would then become subject to retention, if they were not subject to retention already due to content. 08 -07 -2018 Minutes Page - 5 - The only authorized online forum that does not violate the Texas Open Meetings Act is one that has been established pursuant to 551.006. You do not have that established for the City of Schertz. You have your City of Schertz website and your official social media platforms. But we don't have the one that complies with the Open Meetings Act. This is the one where councilmembers can actually go on that message board and engage dialogue with each other. Only the City Council can govern the City council's social media activity, other than in the event of a violation reported to the Office of the Attorney General. This Council has not brought forward any policy that governs itself as far as your activity on social media and you are the only body that can do that. Speech of elected officials and government employees may be regulated within the constraints of the First Amendment and the cases interpreting the First Amendment. When it comes to council business you can set the policies if you so choose. However, there is nothing in the law that is going to do that. Mr. Santee also provided details and comments on the following: Knight v. Trump: Tweeter in Chief banning citizens from official Twitter Feed. German v. Eudaly: Member of City Council banning citizen from private Facebook page. Dingwell v. Cossette: Police retaliating against citizen for posts to the official social media platforms of the department. Price v. City of New York: Police employees and supervisors banning citizen from official social media platforms of the department. Mr. Santee summarized as follows: - -With sufficiently pleaded facts, a public official's private social media account may be subject to forum analysis when used to promote their work as an elected official. - -If forum analysis reveals the public official uses the private social media platform in a manner that has created a limited public forum, the First Amendment protections afforded private citizens in such a forum apply to the public official's private social media platform. - -Even in the absence of a policy, an elected official who creates a limited public forum may not block users for their viewpoint. - -A public official who approves a policy for the governmental entity may be presumed to have understood the legal principles of the policy. - -A governmental entity will not likely be held liable or responsible for the actions of an individual public official absent an official policy, custom, practice or failure to train that directly caused the harm. 08 -07 -2018 Minutes Page - 6 - - -Case law analysis recognizing social media platforms as a public forum is continuing to evolve and broaden. Public officials must be cognizant of their obligations in moderating their presumed personal platforms in this ever - changing legal landscape with this recent string of cases. Mayor Pro -Tem Scagliola had three comments. 1) So, the City Councils have the right to govern themselves? Attorney's answer: True. 2) Adherence to ethical codes of conduct does not violate a councilmember's first amendment rights. Attorney's answer: Yes, you can control how this council does this council's business. 3) So, a policy we adopted for employees also applies to us because we are the policy makers? Attorney's answer: It could but it doesn't as we sit here today. It would if you used a personal Facebook or other social media platform in the same manner that the city's official platform is used. Councilmember Kiser asked, What if you simply delete someone's comments, not block them? Attorney's answer: There are some cases he can get copies of and there is one regarding the nuances between blocking versus hiding. They don't really make a final decision on it; rather, they focus on the blocking because that was the allegation of those who brought forward the case. The question is going to be `Are you preventing them from participating in the forum itself. It is an interaction with everyone else, not just you. He feels there is probably a good chance it would be viewed the same way; however, that decision has not come down yet, on deleting or hiding a post. Councilmember Edwards asked Mayor Pro-Tern Scagliola what direction they should give staff on this as he had at one time suggested putting together a committee to do some work on it. Is that idea still of interest to him? Mayor Pro -Tem Scagliola stated he had no problems putting together a committee to go over the guidelines, etc. He is still in favor of developing a policy. He feels our residents want information. He feels the city's public information office does a great job and is a good place for citizens to seek information. His suggestion is that we put together a committee legally to go over the guidelines. Mr. Santee said there is really not a legal component to that and they can put together a committee and discuss policies that govern the council. Councilmember Gutierrez stated for clarity, Facebook or Twitter are basically public forums where councilmembers can voice their opinions. It is all in how you use it. There is only one official message board that is compliant with the open meetings act and where a city can set up a city message board. Schertz does not have that set up. Mr. Gutierrez said he is more interested in private accounts. Since the case law example showed the issue was not what was said/discussed and was more about the `blocking' of participants. So, basically the core of the first amendment still stands. Mr. Santee said that is correct. Mr. Gutierrez stated then councilmembers are free to express their own opinions on their own private page. Mr. Santee said yes, absolutely. Councilmember Davis stated basically, Councilmembers have to simply apply some common sense and understand the rules and also understand that the rules are evolving every day. Understand the difference between a personal page and one where you are representing yourself as an elected official. The intent was also just to educate our council, 08 -07 -2018 Minutes Page - 7 - not tell them they can't have a dialog. It is an ever - changing environment. Be careful what you say and how you say it. Mr. Santee stated they will continue to monitor this and get information out to council as needed. Mayor Pro -Tem Scagliola asked that this presentation be made available to the council members not present tonight. He would also like to reserve the right to bring it up next time that council meets so they can figure out a way to go about setting some guidelines. Workshop/Discussion regarding City of Schertz UDC masonry wall requirements. (B. James/L. Wood/B. Cox) (Requested by Councilmember Larson and Councilmember Crawford) Mayor Pro -Tem Scagliola recognized Senior Planner Bryce Cox and Planner I Emily Grobe. The planners provided a powerpoint presentation that provided information on the current UDC requirements. The first one is from UDC Article 9: Section 21.9.8.B.3 requiring an eight -foot masonry wall. UDC Article 9: Section 21.9.7.G requires a 20 -foot wide landscape buffer with a minimum of one shade tree planted for each 30 linear feet and a minimum of ten shrubs for each 50 linear feet. Other current requirements are UDC Article 9, Section 21.9.8.0 (Screening Along Arterial Roadways) and UDC Article 14, Section 21.14.3.G (Screening). The reasoning behind the requirements were to help mitigate the light and sound pollution of the development to the adjacent residential property. By requiring the screening wall and landscaping, the purpose is to provide a visual and audible barrier for the residential property owner from the non - residential or multifamily development. Staff has received several pro's and con's through the years regarding the wall requirement. Pro's include increased safety and mitigation from noise and light. Con's include resident's preference for viewing vegetation rather than a masonry wall. At this time city staff has no ability to approve alternative screening or buffering standards nor can they ask a board or commission to review the matter. Therefore, staff has been considering a concept for a proposed UDC amendment to allow them to both evaluate and approve an alternative design standard. However, a lot more research is needed before a proposal can be submitted for consideration. Two options would be 1) install the masonry wall with a lower requirement for landscaping and a reduction in the buffer width, and 2) don't install the masonry wall but plant a full landscape screening that forms a continuous barrier from the first day the business is open with an increased buffer width. Staff also feels this requirement should only be between non - residential or multifamily development and residentially zoned property and exclude the provision' regarding residentially used property. 08 -07 -2018 Minutes Page - 8 - Mr. Cox and Ms. Grobe addressed questions and comments from Council which included such considerations as having more options, fairness and flexibility and still maintaining our standards. Consent Agenda-Items 1. Minutes — Consideration and/or action regarding the approval of the minutes of the Regular meeting of July 24, 2018. (B. James/B. Dennis) 2. 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. Final Reading (B. James /J. Walters) The following was read into record: ORDINANCE NO. 18 -M -25 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. 3. Resolution No. 18 -R -95 - Consideration and/or action approving a Resolution authorizing the acquisition of permanent and temporary easements and property necessary for the construction, operation, and maintenance of pipelines and appurtenances designed to convey wastewater in conjunction with the Woman Hollering Creek Wastewater Line and Lift Station project. (B. James/K. Woodlee) The following was read into record: RESOLUTION NO. 18 -R -95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AUTHORIZING THE ACQUISITION OF PERMANENT AND TEMPORARY EASEMENTS AND PROPERTY NECESSARY FOR THE COMPLETION OF PIPELINES AND APPURTENANCES RELATED TO THE WOMAN HOLLERING CREEK WASTEWATER MAIN PROJECT 4. Resolution No. 18 -R -96 - Consideration and/or action approving a Resolution authorizing approval by the City Council of the City of Schertz, Texas to enter into an Interlocal agreement between the City of Schertz and the Cities of Cibolo, Live Oak, Selma, Universal City and Bexar County, to form the Tri- County Fraud Task Force. (D. Wait/M. Hansen) 08 -07 -2018 Minutes Page - 9 - The following was read into record: RESOLUTION NO. 18 -R -96 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL COOPERATIVE AGREEMENT WITH THE CITIES OF CIBOLO, LIVE OAK, UNIVERSAL CITY, AND SELMA, AND BEXAR COUNTY AND OTHER MATTERS IN CONNECTION THEREWITH 5. Resolution No. 18 -R -98 — Consideration and/or action approving a Resolution authorizing the second of two one -year extensions of the On -Call Engineering Services Master Agreement for Professional Services with Cobb, Fendley & Associates, Inc. (B. James/K. Woodlee) The following was read into record: RESOLUTION NO. 18 -R -98 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AND APPROVING THE SECOND OF TWO ONE -YEAR EXTENSIONS TO THE ON CALL ENGINEERING SERVICES MASTER AGREEMENT WITH COBB, FENDLEY & ASSOCIATES, INC., AND ALL MATTERS IN CONNECTION THEREWITH 6. Resolution No. 18 -R -99 — Consideration and /or action approving a Resolution authorizing the second of two one -year extensions of the On -Call Engineering Services Master Agreement for Professional Services with Ford Engineering, Inc. (B. James/K. Woodlee) The following was read into record: RESOLUTION NO. 18 -R -99 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AND APPROVING THE SECOND OF TWO ONE -YEAR EXTENSIONS TO THE ON CALL ENGINEERING SERVICES MASTER AGREEMENT WITH FORD ENGINEERING, INC., AND ALL MATTERS IN CONNECTION THEREWITH 7. Resolution No. 18 -R -100 — Consideration and/or action approving a Resolution authorizing the second of two one -year extensions of the On -Call Engineering Services Master Agreement for Professional Services with Lockwood, Andrews & Newnam, Inc. (B. James/K. Woodlee) The following was read into record: 08 -07 -2018 Minutes Page - 10 - RESOLUTION NO. 18 -R -100 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AND APPROVING THE SECOND OF TWO ONE -YEAR EXTENSIONS TO THE ON CALL ENGINEERING SERVICES MASTER AGREEMENT WITH LOCKWOOD, ANDREWS & NEWNAM, INC., AND ALL MATTERS IN CONNECTION THEREWITH 8. Resolution No. 18 -R -101 — Consideration and/or action approving a Resolution authorizing the second of two one -year extensions of the On -Call Engineering Services Master Agreement for Professional Services with Pape- Dawson Engineers, Inc. (B: James/K. Woodlee) The following was read into record: RESOLUTION NO. 18 -R -101 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AND APPROVING THE SECOND OF TWO ONE -YEAR EXTENSIONS TO THE ON CALL ENGINEERING SERVICES MASTER AGREEMENT WITH PAPE - DAWSON ENGINEERS, INC., AND ALL MATTERS IN CONNECTION THEREWITH 9. Resolution No. 18 -R -102 — Consideration and/or action approving a Resolution approving and authorizing an agreement for a Right -of -Way Dedication along Hubertus Road from Comal Independent School District and authorizing the acceptance of such Right -of -Way Dedication by the City in accordance with the terms of the Dedication Agreement. (B. James/K. Woodlee) The following was read into record: RESOLUTION NO. 18 -R -102 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, APPROVING AND AUTHORIZING A RIGHT -OF -WAY DEDICATION INCLUDING PUBLIC UTILITY AND DRAINAGE EASEMENTS, ALONG HUBERTUS ROAD FROM COMAL INDEPENDENT SCHOOL DISTRICT, ACCEPTANCE OF SUCH RIGHT -OF -WAY DEDICATION BY THE CITY IN ACCORDANCE WITH THE TERMS OF THE DEDICATION AGREEMENT, AND OTHER MATTERS IN CONNECTION THEREWITH 10. Resolution No. 18 -R -104 — 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 agreement for the purchase of one (1) Fire Apparatus and Associated Equipment. (D. Wait/K. Long) 08 -07 -2018 Minutes Page - 11 - The following was read into record: RESOLUTION NO. 18 -R -104 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ACTING CITY MANAGER TO ENTER INTO AN AGREEMENT FOR THE PURCHASE OF ONE (1) FIRE APPARATUS AND ASSOCIATED EQUIPMENT 11. Ordinance No. 18 -5 -24 — Consideration and/or action approving an Ordinance approving an amendment of Part III, Schertz Code of Ordinances, Unified Development Code (UDC) amending subsections in Articles 9 and 16 to amend certain site standards for public water and wastewater facilities. Final 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 12. Appointments and Resignations to the various City Boards, Commissions and Committees — Consideration and/or action regarding appointments and resignations to Building and Standards Commission, Library Advisory Board, Parks & Recreation Advisory Board and the Transportation Safety Advisory Commission. (Mayor /Council/B. Dennis) 13. Resolution No. 18 -R -106 — Consideration and/or action approving a Resolution authorizing an Interlocal Agreement with the Texas Department of Public Safety for the purchase of recurring supplies. (D. Wait/M. Hansen) The following was read into record: RESOLUTION NO. 18 -R -106 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 TEXAS DEPARTMENT OF PUBLIC SAFETY FOR THE PURCHASE OF RECURRING SUPPLIES, AND OTHER MATTERS IN CONNECTION THEREWITH 08 -07 -2018 Minutes Page -12 - Mayor Pro -Tern Scagliola recognized Councilmember Davis who moved seconded by Councilmember Gutierrez to add Items 16, 17, and 18 to consent. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Edwards, Kiser and Crawford voting for and no one voting no. Councilmember Larson was absent. Motion Passed. 16. Resolution No. 18 -R -103 — Consideration and/or action approving a Resolution authorizing an amendment'to the existing A133 Agreement for the Construction Phase Services of the Construction Manager at Risk Agreement for the new Fire Station #3 and associated support systems. (D. Wait/K. Long/P. Gaudreau) The following was read into record: RESOLUTION NO. 18 -R -103 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ACTING CITY MANGER TO ENTER INTO AN AMENDMENT TO THE EXISTING A133 AGREEMENT FOR THE CONSTRUCTION PHASE SERVICES OF THE CONSTRUCTION MANAGER AT RISK AGREEMENT FOR THE NEW FIRE STATION #3 AND ASSOCIATED SUPPORT SYSTEMS AND OTHER MATTERS IN CONNECTION THEREWITH 17. . Ordinance No. 18 -D -26 — Consideration and/or action approving an Ordnance providing that the Code of Ordinances for the City 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 School on FM 1518 and providing an effective date. First 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 18. Ordinance No. 18 -D -27 — Consideration and/or action approving an Ordinance providing that the Code of Ordinances for the City for the City of Schertz be amended by revising sections 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. First Reading (B. James/K. Woodlee /C. Palomo) The following was read into record: 08 -07 -2018 Minutes Page - 13 - ORDINANCE NO. 18 -D =27 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 THE DANVILLE MIDDLE SCHOOL ON FM 482 AND HUBERTUS ROAD, AND PROVIDING AN EFFECTIVE DATE. Mayor Pro -Tern Scagliola recognized Councilmember Gutierrez who moved seconded by Councilmember Davis to approve consent items 1 -13 and 16 -18. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Edwards, Kiser and Crawford voting for and no one voting no. Councilmember Larson was absent. Motion Passed. Discussion and Action Items 14. Resolution No. 18 -R -94 — Consideration and/or action approving a Resolution relating to establishing the City's Intention to reimburse itself for the prior lawful expenditure of funds relating to constructing various city improvements from the proceeds of Tax - Exempt Obligations to be issued by the City for authorized purposes; authorizing other matters incident and related thereto; and providing an effective date. (B. James /J. Walters/1\4. McLiney /A. Freedman) The following was read into record: RESOLUTION NO. 18 -R -94 CONSIDERATION AND APPROVAL OF A RESOLUTION RELATING TO ESTABLISHING THE CITY'S INTENTION TO REIMBURSE ITSELF FOR THE PRIOR LAWFUL EXPENDITURE OF FUNDS RELATING TO CONSTRUCTING VARIOUS CITY IMPROVEMENTS FROM THE PROCEEDS OF TAX - EXEMPT OBLIGATIONS TO BE ISSUED BY THE CITY FOR AUTHORIZED PURPOSES; AUTHORIZING OTHER MATTERS INCIDENT AND RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE Mayor Carpenter recognized Finance Director James Walters who stated this resolution is required by the state and the IRS if the city would like to make expenditures on future bonds. The city has planned a refunding bond for later this year starting in October. Since they are both general obligation bonds, the city can combine those two issues into one in order to save issuance costs. That is when the funds are scheduled to arrive. However, we have received a request from TXDoT for the first payment of the FM 1518 contribution. The city plans to wait on the rest of those contributions until TXDot is ready to ask for them. The current timetable we have for that is the year 2021. Mayor Pro -Tem Scagliola moved from the chair seconded by Councilmember Edwards to approve Resolution No. 18 -R -94 to adopt a reimbursement resolution. The vote was 08 -07 -2018 Minutes Page -14 - unanimous with Mayor Pro -Tem Scagliola, Councihnembers Davis, Gutierrez, Edwards, Kiser and Crawford voting for and no one voting no. Councilmember Larson was absent. Motion Passed. 15. City of Schertz and Schertz /Seguin Local Government Corporation Refunding Potential — Discussion and consideration and/or action of potential refunding opportunity of outstanding Contract Revenue Bonds of the Schertz/Seguin Local Government Corporation to achieve debt service savings for the Corporation and therefore the City of Schertz. (B. James /J. Walters/M. McLiney /A. Freedman) Mayor Pro -Tem Scagliola recognized Finance Director James Walters who stated this is a refunding opportunity for some SSLGC bonds. The payment of those bonds is split 50/50 with Schertz and Seguin. Some extra proceeds made by SSLGC can offset those bond payments, but currently the city pays about $1.3 million annually for our fifty percent of these bonds. Mr. Walters introduced Mr. Andrew Freedman from SAMCO Capital Markets who went into more detail on the refunding opportunity regarding the 2017 change in tax laws, refunding timetable, and savings opportunity. SSLGC is planning to take this to their board on the 16th for action. Assuming they approve it, they would sell the bonds on September 201h and the parameter of that needs to be approved by the City of Schertz and the City of Seguin. Pricing would be available on November 14th to lock in interest rates and secure that saving. The action tonight is to get a green light from Council that you do wish to pursue this as a partner in SSLGC. Mr. Freedman addressed comments /questions from Council. Mayor Pro -Tem Scagliola recognized Councilmember Crawford who moved seconded by Councilmember Gutierrez that Council acknowledges they have been formally briefed on this process. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Edwards, Kiser and Crawford voting for and no one voting no. Councilmember Larson was absent. Motion Passed. Roll Call Vote Confirmation City Secretary Brenda Dennis provided the Roll Call Vote Confirmation for agenda items 1 -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) Since Mayor Carpenter and Councilmember Larson were both absent, Council decided to postpone discussion of this item. 08 -07 -2018 Minutes Page - 15 - Closed Session Mayor Pro -Tem Scagliola convened into closed session at 8:38 p.m. and stated they would take a five (5) minute recess before convening. 19. 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. 20. City Council will meet in closed session under Section 551.087 of the Texas Government Code, Deliberation Regarding Economic Development Negotiations; Closed Meeting. The governmental body is not required to conduct an open meeting (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect. • Project E -043 • Project E -044 Reconvene into Regular Session Mayor Pro -Tem Scagliola reconvened into regular session at 9:43 p.m. 19a. Take any action based on discussions held in closed session under Agenda Item 19. No action taken. 20a. Take any action based on discussions held in closed session under Agenda Item 20. No action taken. Roll Call Vote Confirmation No Roll Call Vote was necessary. Requests and Announcements • Announcements by the Acting City Manager. Acting City Manager Brian James stated that Executive Director Dudley Wait had previously sent out an e -mail that there is a hearing at TCEQ on the Post Oak Land Fill. If anyone on Council goes to that hearing tomorrow, please touch base with Mr. Wait first. 08 -07 -2018 Minutes Page -16 - We have three Schertz firefighters who are among many others within the State of Tekas who are now headed out to California to assist with fighting the wildfires out there. Please keep them in your thoughts and prayers • Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Mayor Pro -Tern Scagliola recognized Councilmember Edwards who stated he has already spoken to Acting City Manager Brian James about some programs in the budget that may be cut. There are some things he definitely wishes to discuss. However, he doesn't know if that should also be put on the agenda. This can be done at staff's leisure. Mayor Pro -Tem Scagliola recognized Councilmember Crawford who asked about the item for the workshop he and the Mayor had their names on regarding their Council Rules of Conduct and Procedure and Ethics Ordinance, and the other workshop he and Scott had their names on regarding the UDC masonry wall requirements. How do we want to deal with that? Mayor Pro-Tern Scagliola stated it can be put on the next agenda and if they choose to cancel it next week then they can. • 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 made. 21. Information available in City Council Packets - NO DISCUSSION TO OCCUR • Monthly update on large projects /CIP. (D. Wait/K. Woodlee /J. Harshman/T. Buckingham) • Information regarding the city's utility bill distribution. (Requested by Mayor Pro-Tem. Scagliola). (B. James /J. Walters/D. Hardin - Trussell) • Schertz Economic Development Corporation 2nd Quarter update. (B. James/K. Kinateder) • City of Schertz Quarterly Financial Report. (B. James /J. Walters) •. Pending informational items. 08 -07 -2018 Minutes Page - 17 - Adjournment As there was no further business, Mayor Pro -Tem Scagliola adjo ed the meeting at 9:47 p.m. David Scagliola,,✓Tayor Pro -'hem ATTES=T': � j BrendaTDenmS, 'ity Secretary i 08 -07 -2018 Minutes Page - 18 - l