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01-22-2019 MinutesMINUTES REGULAR MEETING JANUARY 22, 2019 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on January22, 2019, 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 Allison Heyward Staff Present: Executive Director Brian James City Secretary Brenda Dennis Assistant to City Manager Sarah Gonzalez Call to Order — City Council Regular Session Mayor Pro -Tem David Scagliola Councilmember Ralph Gutierrez Councilmember Cedric Edwards Councilmember Tim Brown City Manager Dr. Mark Browne City Attorney Habib Erkan Jr. Deputy City Secretary Gayle Wilkinson Mayor Carpenter called the regular meeting to order at 6:00 p.m. Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Gutierrez) Councilmember Gutierrez provided the opening prayer followed by the Pledges of Allegiance to the Flags of the United States and State of Texas. Presentation • Introduction of the Student Mayors and Student Councilmembers for the Day. (Mayor Carpenter) Student Mayors — Dobie Jr. High, 81h Grade Isaac Mokrane and Corbett Jr. High, 8th Grade Fayeth Porter Student Councilmembers — Dobie Jr. High, 7th Grade Annalise Kemter and Corbett Jr. High, 7th Grade Dawn Ridge Mayor Carpenter recognized City Secretary Brenda Dennis who provided information regarding the program. Ms. Dennis thanked the following for their participation today: Mayor Carpenter, Mayor Pro-Tern Scagliola, Councilmembers Gutierrez and Heyward, City Manager Mark Browne, and many of the staff members that helped put the program together. Student Mayors and Student Councilmembers for the day introduced themselves and provided information on what they observed and learned. Mayor Carpenter presented 01 -22 -2019 Minutes Page -1- each student with a certificate of appreciation and plaque for their participation and gave a quick overview of the program. Presentation regarding the 2018 Healthy Workplace Recognition Program in collaboration with the San Antonio Mayor's Fitness Council. (J. Kurz /L. Cox) H.R. & Purchasing Director Jessica Kurz gave a short presentation about the recognition Schertz recently received. The city received the Gold level award for workplace wellness. Mayor Carpenter gave an opportunity for residents to be heard as listed below: ® There were several residents that spoke concerning the proposed rezoning of 65 acres in the City of San Antonio at Boenig and Graytown Roads. Many comments and one visual presentation were made concerning the negative impact of this proposed rezoning. The consensus of all the residents listed below was to implore the City Council to take up a resolution in opposition to deal with the rezoning issue and be a voice for the residents. Clark McChesney — 7018 Hallie Heights Andre Clark - 7109 Sheila Pond Debra Elizondo - 10506 Hunter Heights Isaac Day — 7113 Sheila Pond Don Byrd — 7036 Hallie Heights Ken Chapman —10601 Gage Park Katherine Perry — 7102 Delaine Park Susan Poliquin — 6903 Hallie Heights Ricky Evans — 10424 Ivy Flower Leigh Tulloss — 6909 Hallie Heights Peggy & Frederick Turner — 7109 Delaine Park Bobby Harris — 10512 Jody Heights Ernest Thompson — 6723 Hallie Heights Kari Ortiz — 6908 Hallie Heights Myron Dunford — 6529 Ivy Misty Candido Ramirez — 6526 Tallow Way — Come up with Plan B /Compromise Alford Williams — 6915 Hallie Height • Dana Eldridge — 2628 Gallant Fox Dr.- Concerned about being overcharged for water rates. Concern was also raised about the accuracy of meter readings to set new rates for sewage. • Brent Boltor — 2633 Cloverbrook Ln — Knowing there were problems with the water meters, why didn't we have a plan of action to deal with the fact that we wouldn't get normal readings? • Peggy Turner — 7109 Delaine Park — Expressed concern about illegal dumping from builders. Asked for the City of Schertz to increase the Police presence in their area. • Michelle & Jeff Womack — 2944 Mineral Springs — Having inaccurate water meter readings. 01 -22 -2019 Minutes Page - 2 Mayor Carpenter gave the City Secretary a directive to put the San Antonio proposed rezoning at Boenig and Graytown Roads on the next agenda (02-05-2019) for possible discussion/action. Mayor Carpenter read the following consent agenda items: 1. Minutes — Consideration and/or action regarding the approval of the minutes of the regular meeting of January 8, 2019. (B. Dennis) The following was read into record: Approval of the minutes of the regular meeting of January 8, 2019. 2. Appointments to the various City Boards, Commission and Committees — Consideration and/or action appointing Glen Outlaw to the Building and Standards Commission. (Mayor/Council) The following was read into record: Appointment of Glen Outlaw to the Building and Standards Commission. 3. Ordinance No. 19-K-01 — Consideration and/or action approving an Ordinance releasing and terminating a vehicular non-access easement on Lots 6 and 8, Block I of the Enterprise Industrial Park Subdivision. Final Reading (B. James/L. Wood/B. Cox) The following was read into record: 4. Ordinance No. 19-T-03 - Consideration and/or action approving an Ordinance by the City Council of the City of Schertz Texas authorizing an adjustment to the Fiscal Year 2018- 2019 Budget, repealing all ordinances or parts of ordinances in conflict with this ordinance; and providing an effective date. Final reading (B. James/J. Walters) The following was read into record: 01-22-2019 Minutes Page - 3 - 5. Resolution No. 19 -R -02 — Consideration and /or action approving a Resolution authorizing a contract with Landmark Structures 1, L.P. relating to the construction of the Corbett Elevated Tank Project (B. James/K. Woodlee /S. McClelland) The following was read into record: I.YIT II1�1" "11MINIWWU9 slid RESOLUTION AUTHORIZING •. L.P. RELATING TO THE CONSTRUCTION OF THE CORBETT ELEVATED TANK PROJECT. 6. Resolution No. 19 -R -01— Consideration and/or action approving a Resolution authorizing EMS Debt Revenue Adjustments, Utility Billing Debt Revenue Adjustments and Schertz Magazine Debt Revenue adjustments for certain inactive outstanding receivables. (B. James /J. Walters) The following was read into record: RESOLUTION NO. 19 -R -01 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING EMS DEBT REVENUE ADJUSTMENTS, UTILITY BILLING DEBT REVENUE ADJUSTMENTS AND SCHERTZ MAGAZINE DEBT REVENUE ADJUSTMENTS FOR CERTAIN INACTIVE OUTSTANDING RECEIVABLES AND OTHER MATTERS IN CONNECTION THEREWITH. 7. Resolution No. 19 -R -06 — Consideration and/or action approving a Resolution authorizing a Payroll and Human Resources Service Agreement with ADP, and other matters in connection therewith (B. James /J. Walters /L. Cox) The following was read into record: 01 -22 -2019 Minutes Page - 4 - ®.�'DLYI] -Illy 11 [I)►�►[I�L'�;aIZ AUTHORIZING ,o-, PAYROLL AND HUMAN RESOURCES SERVICE OTHER AGREEMENT WITH ADP, AND TVEVEAVITV 8. Resolution No. 19-R-07 — Consideration and /or action approving a Resolution authorizing the City Manager to enter into an agreement for the purchase of one (1) Ford F550 Emergency Response Vehicle at a not to excel amount of $53,000.00. (B. James/K. Long) The following was read into record: 1, itli 1► �1 ' �: h] 9. Resolution No 19 -R -08 — Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing expenditures with Burch Roofing totaling no more than $65,000.00 for roof replacement and repairs during the 2018 -2019 Fiscal Year and other matters in connection therewith. (B. James /J. Harshman/T. Buckingham) The following was read into record: RESOLUTION NO. 19 -R -08 ARESOL VTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING EXPENDITURES WITH B V RIH ROOFING TOTALING NO MORE THAN $65,000.00 FOR ROOFING REPLACEMENT AND REPAIR DURING THE 2018 -2019 FISCAL YEAR AND OTHER MATTERS IN CONNECTION THEREWITH 10. Resolution No. 19 -R -09 — Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas supporting an extraterritorial jurisdiction agreement with the City of San Antonio and other matters in connection therewith. (B. James/K. Kinateder) The following was read into record: 01 -22 -2019 Minutes Page - 5 - RESOLUTION NO. 19 -R -09 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS SUPPORTING AN EXTRATERRITORIAL JURISDICTION AGREEMENT WITH THE CITY OF SAN ANTONIO AND OTHER MATTERS IN CONNECTION THEREWITH 11. Resolution No. 19 -R -10 — Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas approving and authorizing a Waterline Easement Agreement across Private Property from 7- Eleven, INC. a Texas Corporation and other matters in connection therewith. (B. James /J. Hooks) The following was read into record: RESOLUTION NO. 19 -R -10 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING AND AUTHORIZING WATERLINE EASEMENT AGREEMENTS ACROSS PRIVATE PROPERTY FROM 7- ELEVIN, INC. A TEXAS CORPORATION AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Councilmember Edwards who asked to pull Item 8 and place it under Discussion and Action Items. Mayor Carpenter recognized Councilmember Davis who moved seconded by Councilmember Edwards to approve consent agenda items 1 -7 and 9 -11. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards, Heyward and Brown voting for and no one voting no. Motion Passed. Discussion and Action Items 8. Resolution No. 19 -R -07 — Consideration and/or action approving a Resolution authorizing the City Manager to enter into an agreement for the purchase of one (1) Ford F550 Emergency Response Vehicle at and not to exceed amount of $53,000.00. (B. James/K. Long) The following was read into record: RESOLUTION NO. 19 -R -07 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR THE PURCHASE OF ONE (1) FORD F550 EMERGENCY RESPONSE VEHICLE AT AND NOT TO EXCEED AMOUNT OF $53,000. 01 -22 -2019 Minutes Page - 6 - Councilmember Edwards questioned if this amount included the truck being completely outfitted. Assistant Fire Chief Kyle McAfee noted this is not a typical fire truck, it is a tow vehicle intended for pulling a trailer. Mayor Carpenter recognized Councilmember Edwards who moved seconded by Councilmember Gutierrez to approve Resolution No. 19 -R -07. The vote was unanimous with Mayor Pro -Tem Seagliola, Councilmemers Davis, Gutierrez, Larson, Edwards, Heyward and Brown voting for and no one voting no. Motion Passed. 12. Ordinance No. 19 -S -02 - Conduct a Public hearing and consideration and /or action approving an amendment of Part III, Schertz Codes of Ordinances, Unified Development Code (UDC), Article 4 Section 21.4.9 Designation of landmark properties and heritage neighborhoods and Article 13 Section 21.13.3 B Definitions Substantial Improvement (First Reading) (B. James) The following was read into record: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING PART III, SCHERTZ CODE OF ORDINANCES, THE UNIFIED DEVELOPMENT CODE (UDC) ARTICLE 4 SECTION 21.4.9 DESIGNATION OF LANDMARK PROPERTIES AND HERITAGE NEIGHBORHOODS AND ARTICLE 13 SECTION 21.13.3 B DEFINITIONS SUBSTANTIAL IMPROVEMENT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE Mayor Carpenter recognized Executive Director Brian James who introduced this item answering questions from Council. Mayor Carpenter opened the pubic hearing for comments and recognized the following: ® Michelle Tereskley — 705 Marilyn Dr.- asked for clarification on impervious coverage restriction versus improvements of the overall property in the flood plain. ® John Sullivan — 513 Triple Crown — Questioned if we remembered the original goal of the flood plain restrictions. Mayor Carpenter closed the public hearing for Council comments and questions. Executive Director Brian James addressed both questions /concerns heard under the Public Hearing. 01 -22 -2019 Minutes Page - 7 - Councilmember Edwards asks for clarification on the percentage annually per home in the flood plain. Executive Director Brian James addressed questions per improvements in the flood plain for homes. Councilmember Brown commented on the "common sense" aspect of this ordinance. Mayor Carpenter moved from the Chair seconded by Councilmember Edwards to approve Ordinance No. 19 -S -02 on first reading. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilme bers Davis, Gutierrez, Larson, Edwards, Heyward and Brown voting for and no one voting no. Motion Passed. 13. Resolution No. 19 -R -03 — Consideration and /or action authorizing additional expenditures with Ford Engineering Inc., totally no more than $32,423.00 for the Professional Engineering Services for the Schertz Pedestrian Routes and Bike Lanes Project. (B. James/K. Woodlee /S. McClelland) The following was read into record: A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING ADDITIONAL EXPENDITURES WITH FORD ENGINEERING INC. TOTALING NO MORE THAN $32,423.00 FOR PROFESSIONAL ENGINEERING SERVICES FOR THE SCHERTZ PEDESTRIAN ROUTES & BIKE LANES PROJECT. Mayor Carpenter recognized Graduate Engineer Cecilia Palomo who introduced this item providing details. Mayor Carpenter recognized Councilmember Gutierrez who moved seconded by Councilmember Davis to approve Resolution No. 19 -R -03. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards, Heyward and Brown voting for and no one voting no. Motion Passed. City Engineer Kathy Woodlee further clarified the design and stated construction may or may not kick off at the same time on this project. Roll Call Vote Confirmation Deputy City Secretary Gayle Wilkinson provided the Roll Call Vote Confirmation for agenda items 1 -13. Workshop 01 -22 -2019 Minutes Page - 8 - 0 Workshop discussion regarding Parks Maintenance Program. (B. James /L. Shrum) Parks Director L. Shrum gave a power point and asked for direction from City Council on how to proceed with the extra funding Parks received to address Parks projects. The three aspects being — Repair, Renovate and /or Reimagine. Councilmember Davis spoke concerning the standard being all three aspects "Repair, Renovate and Reimagine" used collectively. It should be all three with an emphasis on safety and maintenance. Every park is a case by case issue and all should be well maintained, have nice safe features, and be pleasant to the eye. Councilmember Gutierrez noted we have 26 parks to maintain. Each park should be assessed individually for specific needs. He stated safety is the priority and agrees the standard is a combination of all three aspects "Repair, Renovate, and Reimagine." Councilmember Edwards stated we should schedule regular maintenance into our parks budget to ensure our parks are properly maintained. Councilmember Larson stated we had specific conversation with the taxpayers on why we needed to raise our taxes to the rollback rate. The reason given was we were behind on maintenance. "We are not in an innovative season, we are in a repair season." The funds should be utilized for repair. Councilmember Heyward stated each park needs to be considered individually for needs putting safety first. Mayor Pro -Tem Scagliola advised do what you can with the money you have available now and come up with a game plan on how best to use the resources. Safety is first, take care of the parks we have making sure they are in good repair. Councilmember Brown asked for the Park Department to put together a budget the way you want to see it and present it. Mayor Carpenter stated he would like to see the Parks Department and the Parks and Recreation Board develop a list of priorities to get the city the most bang for our dollars. Safety and required repairs should be first and foremost. Councilmember Larson would like to see how we could get to a point of renovations above the repairs. Councilmember Heyward asks if there are grants available for the parks. Parks Director L. Shrum clarified that grant money is available for new development and not many for existing parks. 01 -22 -2019 Minutes Page - 9 Executive Director Brian James clarifies what directive Council collectively gave. 0 Workshop discussion regarding an overview of the purchasing process and amendments to the Purchasing Policy. (B. James /J. Kurz /J. Gohlke) Purchasing and Asset Manager Julie Gohlke provided a comprehensive Power Point presentation on our purchasing process and amendments made to streamline and make the process more efficient. Councilmember Gutierrez asked about possible training of staff for certifications as opposed to outsourcing. He also notes his appreciation to staff for their proactive approach to stay on top of maintenance issues. Executive Director Brian James clarified the issue of outsourcing verses certifying personnel. City Manager Dr. Browne commends the team for doing an outstanding job. ® Discussion and consideration and /or action regarding the confirmation, appointment or election of the Mayor Pro -Tem. (Council) Mayor Carpenter gave a brief history of the appointment of the Mayor Pro -Tem and gave directive to Council in their consideration for the next appointee. Mayor Pro -Tem Scagliola nominated Councilmember Heyward for the position. Mayor Carpenter recognized Mayor Pro -Tem Scagliola who moved seconded by Councilmember Edwards to appoint Councilmember Heyward as the next appointee for Mayor Pro -Tem with a start date February 1, 2019 and swearing in February 5, 2019. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards, Heyward and Brown voting for and no one voting no. Motion Passed. Closed Session Mayor Carpenter recessed into closed session at 8:11 p.m. and read the following: 14. City Council will meet in closed session under Section 551.071 of the Texas Government Consultation with the City Attorney regarding pending or contemplated litigation. - EEOC Claim — Former Employee Michael Harris 15. City Council will meet in closed session under section 551.071 of the Texas Government Consultation with the City Attorney regarding pending or contemplated litigation: - GVSUD vs City of Schertz 01 -22 -2019 Minutes Page -10 - 16. City Council will meet in closed session under Section 551. 074 of the Texas Government Code, Personnel, to hear a compliant or charge against City Council Member Place 4. 14a. Take any action based on discussions held in closed session under Agenda Item 14. No action was taken. 15a. Take any action based on discussions held in closed session under Agenda Item 15. No action was taken. 16a. Take any action based on discussions held in closed session under Agenda Item 16. No action was taken. City Events and Announcements ® Announcements of upcoming City Events (B. James /S. Gonzalez) Mayor Carpenter recognized Assistant to the City Manager Sarah Gonzalez who provided the following announcements: ® Saturday, January 26th, Chamber Health and Wholeness Fair, 11:00 am -2:00 pm, Civic Center o Star Party 6:00 pm — 9:00 pm, Crescent Bend Nature Park ® Thursday, January 31St, TxDOT Open House and Public Hearing, 5:00 pm; Seguin City Coliseum, 950 S. Austin Road, Seguin, TX ® Tuesday, January 22"d, City Council Meeting 6:00 pm, Council Chambers ® Announcements and recognitions by the City Manager (Dr. Browne) None made ® Announcements and recognitions by the Mayor. (M. Carpenter) Recognition was made to Kung Jung Mu Sul Martial Arts Facility — they had a group visiting from Korea and put on a wonderful performance. 01 -22 -2019 Minutes Page - 11 - F I , I ,. Councilmember Edwards asked for a point of privilege in reference to Item 16a to let the viewing public know the charges that were made were baseless, unfounded and embarrassing. ® Announcements by the City Manager. None provided. ® Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. None given. ® Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers Mayor Pro -Tem Scagliola stated he attended the Chamber Mixer and won the prize. He will donate the prize money to a fund allocated to fixing a fire truck. Councilmember Edwards brought up the issue of using feather signs in Schertz. The city's policy is not to allow them yet there have been several locations noted with them. He also questioned the amount of time allowed for a pod being on site during renovations. Councilmember Heyward stated she attended the Northeast Partnership, the TML Newly Elected Officials Training, The Polar Bear Plunge (without plunging), The Winter Reading kickoff, The Chamber Luncheon, and the JBSA Randolph Taskforce. Adjournment As there was no further business, Mayor Carpenter adjourned t - , emoting at 9:13 p.m. R. Carpenter, Mayor ATTEST: Gayly ilkinson, eputy C ty Secret 01 -22 -2019 Minutes Page -12 -