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08-03-2021 Agenda with backupMEETING AGENDA City Council REGULAR SESSION CITY COUNCIL August 3, 2021 SCHERTZ, TEXAS 78154 CITY OF SCHERTZ CORE VALUES Do the right thing Do the best you can Treat others the way you want to be treats Work cooperatively s a team City Council will hold its regularly scheduled meeting at 6:00 p.m., Tuesday, August 3, 2021, at the City Council Chambers. In lieu of attending the meeting in person, residents will have the opportunity to watch the meeting via live stream on the City's YouTube Channel. Call to Order Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Dahle) A. Mayor Pro -Tem Oath of Office - Oath of Office administered to Councilmember Michael Dahle. (B. Dennis) Presentations • Purple Heart Day (Mayor /Councilmember Heyward) Employee Recognition • 20 year service pin recognition - A. J. Arriaga (M. Browne) New Employee Introductions: • EMS: LaSean Anderson, Frank Flores Jr., Jeremy Sanders, Joshua Sturgess, Brad Laughridge - Paramedic; Jysun Cardenas, Hai Dinh Part -Time Paramedic, Amber Cockrum - EMS Billing August 3, 2021 City Council Agenda Page 1 Specialist • Inspections: Erin Noah - :Building Inspector • Library: Carah Scherr - Library Clerk • Police: David Espinoza, Benjamin Guerrero - Police Officer City Events and Announcements • Announcements of upcoming City Events (B. James /C. Kelm/S. Gonzalez) • Announcements and recognitions by the City Manager (M. Browne) • Announcements and recognitions by the Mayor (R. Gutierrez) Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Consent Agenda Items The Consent Agenda is considered self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. j. Minutes — Consideration and/or action regarding the approval of the minutes of the meeting of July 27, 2021. (B. Dennis) Discussion and Action Items 2. Ordinance No. 21 -F -30 - Consideration and/or action approving an Ordinance by the City Council of the City of Schertz, Texas amending Chapter 90, of the Code of Ordinances, Article V, Water and Wastewater Capital Recovery Fees; Repealing all Ordinances or Parts of Ordinance in Conflict with this Ordinance, and providing an effective date. (First Reading) (C. Kelm /S. Williams) Roll Call Vote Confirmation Workshop Discussion August 3, 2021 City Council Agenda Page 2 Police Department Training Program - Workshop discussion regarding the Police Department Training Program. (C. Kelm /M. Hansen /M. Bane/H. Murphy) Requests and Announcements • Announcements by the City Manager. • Requests by Mayor and Councilmembers for updates or information from staff. • Requests by Mayor and Councilmembers that items or presentations be placed on a future City Council agenda. • 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 Adjournment CERTIFICATION 1, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 30th DAY OF JULY 2021 AT 1:30 P.M. WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON DAY OF .2021. TITLE: This, facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services, please call 210 - 619 -1030. The City Council for the City of Schertz reserves the right to adjourn into closed session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. Closed Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and the presence of any subject in any Closed Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of August 3, 2021 City Council Agenda Page 3 record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Gutierrez Councilmember Scagliola — Place 5 Audit Committee Cibolo Valley Local Government Corporation - Investment Advisory Committee Alternate Main Street Committee Hal Baldwin Scholarship Committee Interview Committee for Boards and Commissions - Alternate Schertz- Seguin Local Government Corporation Councilmember Davis— Place 1 Councilmember Scott — Place 2 Interview Committee for Boards and Interview Committee for Boards and Commissions Commissions Schertz Animal Services Advisory Commission Main Street Committee - Chair Schertz Housing Authority Board TIRZ 11 Board Councilmember Whittaker — Place 3 Councilmember Dahle — Place 4 Audit Committee Cibolo Valley Local Government Corporation TIRZ II Board Interview Committee for Boards and Commissions TIRZ 11 Board Councilmember Heyward — Place 6.,..,..,. _ Councilmember Brown — Place 7 Animal Advisory Commission Main Street Committee Audit Committee Schertz- Seguin Local Government Corporation - Investment Advisory Committee Alternate Main Street Committee August 3, 2021 City Council Agenda Page 4 ei 10UM City Council August 3, 2021 Meeting: Agenda No. 1. Department: City Secretary Subject: Minutes — Consideration and/or action regarding the approval of the minutes of the meeting of July 27, 2021. (B. Dennis) The City Council held a Regular City Council meeting on July 27, 2021. RECOMMENDATION Recommend Approval. Attachments 07 -27 -2021 draft minutes DRAFT MINUTES REGULAR MEETING July 27, 2021 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on July 27, 2021, 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: Present: Mayor Ralph Gutierrez; Mayor Pro -Tem Jill Whittaker; Councilmember Mark Davis; Councilmember Rosemary Scott; Councilmember David Scagliola; Councilmember Allison Heyward; Councilmember Tim Brown Absent: Councilmember Michael Dahle City City Manager Dr. Mark Browne; Assistant City Manager Brian James; Staff: Assistant City Manager Charles Kelm; City Attorney Daniel Santee; City Secretary Brenda Dennis; Assistant to the City Manager Sarah Gonzalez; Deputy City Secretary Sheila Edmondson Call to Order Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Mayor Pro -Tem Whittaker) City Events and Announcements • Announcements of upcoming City Events (B. James /C. Kelm /S. Gonzalez) Assistant to the City Manager Sarah Gonzalez provided the following information: *Thursday, July 29th Popsicle Party Pickrell Park Pool 6:00 — 7:00 PM Cool off with popsicles provided by Parks & Recreation staff. • Saturday, July 31 st Star Party Crescent Bend Nature Park 8:30 — 11:00 PM Members of the San Antonio Astronomical Society will provide telescopes for participants to view the night sky. • Tuesday, August 3rd Next regular scheduled Council meeting National Watermelon Day Pickrell Park Pool 5:00 — 7:00 PM Watermelon slices, themed games, and activities. • Tuesdays, September 7th through October 12th Fall 2021 Adult Cornhole League (Ages 21 and up) 6:00 -10:00 PM Registration open online at www.schertz.com $25.00 registration fee, includes team t -shirt • Sundays, September 12th through October 17th Fall 2021 Adult Kickball League (Ages 21 and up) 6:00 -10:00 PM Registration open online at www.schertz.com $25.00 registration fee, includes team t -shirt • November 2nd The City of Schertz will be holding its General Election on November 2, 2021, for the purpose of electing Council Members in Place 6 and Place 7 for a three -year term, from November 2021 to November 2024. Any candidate desiring to have his or her name on the Official Ballot shall file with the City Secretary an application in writing in the form prescribed by the Texas Election Code declaring themselves a candidate. The filing date is no sooner than July 17, 2021, (but since the 17th falls on a Saturday and City offices are closed) the date moves to Monday, July 1.9, 2021, and no later than Monday, August 16, 2021, by 5:00 p.m. Qualifications for Candidacy can be found online at www.schertz.com as well as the Candidate packet. Candidate packets are also available in the City Secretary's Office. • Announcements and recognitions by the City Manager (M. Browne) Dr. Browne provided the following information: N . Wednesday, September 8 City of Schertz will be hosting a Luncheon for the Military Affairs Office from Randolph AFB • Thursday, September 23 City of Schertz will be hosting a Luncheon for the Region 8 Texas City Manager's Association • Saturday, October 2 "Get Prepped" Emergency Preparedness Block Party 1400 Schertz Parkway - next to Public Safety Buildings. Demo, tours, static displays, activities, giveaways and food. Event is to help residents prepare for an emergency /disasters. *Announcements and recognitions by the Mayor (R. Gutierrez) Mayor Gutierrez stated he received an email from Mr. and Mrs. Fernandez who wanted to thank City Employee Diego Martinez for his help today. Mr. and Mrs. Fernandez's car broke down on FM 1518 and Diego stopped, helped them get their car off the road and drove them home. Mayor Gutierrez thanked Diego for helping the Fernandez's. Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Mayor Gutierrez recognized the follwoing who spoke: 3 • Donald Schaezler, 1.9349 Old Wiederstein. Rd - Mr. and Mrs. Schaezler are Directors at the Warbler Woods Bird Santurary, which is located near the Busch Subdivision. Mr. Schaezler objects to the petition for a waiver for an on -site sewage facilities for Busch Subdivision. Consent Agenda Items The Consent Agenda is considered self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. Mayor Gutierrez read the following items into record: 1. Minutes — Consideration and /or action regarding the approval of the minutes of the meeting of Special Joint Workshop with City Council and Planning and Zoning Commission on July 9, 2021, and the Regular City Council Meeting on July 13, 2021. (B. Dennis) 2. Resolution No. 21 -R -75 - Consideration and /or action approving a Resolution authorizing the City of Schertz to enter into Service Agreements with Beyer Mechanical and Premier Comfort for on -call HVAC services and Gerard Electric and CRI Electric for on -call Electrical services. (C. Kelm/S. Williams /S. McClelland) 3. Resolution No. 21 -R 71 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing the city staff to enter into a purchase agreement with Aries Industries for the purchase of a sewer main camera. (C. Kelm/S. Williams /S. Mayfield) 4. Resolution No. 21 -R -77 - Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas, authorizing the City Manager to enter into a task order agreement with AACOG for Emergency Medical Services on Joint Base San Antonio - Randolph. (C. Kelm /J. Mabbitt) 5. Ordinance No. 21 -S -27- Consider and make a recommendation on a request for a Specific Use Permit to allow a monopole tower, telecommunications facility on approximately 0.056 acres of land generally located north -east of the intersection of FM 3009 and FM 78, also known as 200 FM 3009, also known as Guadalupe County Property Identification Numbers 153960, City of Schertz, Guadalupe County, Texas. (B. James / L. Wood / E. Delgado) Final Reading 11 6. Resolution No. 21 -R -70 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz authorizing the purchase of vehicle maintenance equipment from JF Petroleum Group as part of the Fleet Maintenance Building Project and other matters in connection therewith. (C. Kelm /S. Williams /S. McClelland) 7. Resolution No. 21 -R -67- Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing the water CCN transfer from New Braunfels Utilities in the Rolling Hills Ranch Development to the City of Schertz. (C. Kelm /S. Williams /S. Mayfield) 8. Resolution No. 21 -R -73 — Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas, authorizing a Task Order Agreement with Terracon Consultants, Inc., for Geotechnical Services related to the Schertz Street Preservation and Maintenance Program and authorizing budget expenditures for the project and other matters in connection therewith. (B. James /K. Woodlee /J. Nowak) 9. Resolution No. 21 -R -74 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing a revision of the Not To Exceed Amount of an approved contract with D &S Concrete Constructors for the CSJ #0915 -46 -050 Schertz Pedestrian Routes and Bike Lanes Project, increasing the total amount from $1,286,000 to $1,311,600. (B. James /J. Nowak) 10. Resolution No. 21 -R -69 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas approving a request for a Schertz Main Street Local Flavor Economic Development Grant for 405 Main. (M. Browne /B. James) Mayor Gutierrez asked Council if there were any items they wished to be removed for separate action. No items were asked to be removed for separate action. Moved by Councilmember Allison Heyward, seconded by Councilmember Mark Davis To approve Consent Agenda Items 1 -10. AYE: Mayor Pro -Tem Jill Whittaker, Councilmember Mark Davis, Councilmember Rosemary Scott, Councilmember David Scagliola, Councilmember Allison Heyward, Councilmember Tim Brown Passed AYE: Mayor Pro -Tern Jill Whittaker, Councilmember Mark Davis, Councilmember Rosemary Scott, Councilmember David Scagliola, Councilmember Allison Heyward, Councilmember Tim Brown Passed Discussion and Action Items 14. PC2021 -022 — Pursuant to Section 21.12.15 of the Unified Development Code, Conduct a Public Hearing on a request to appeal a Planning and Zoning Commission determination request for a waiver related to on -site sewage facilities for the Busch Subdivision, on approximately 5 -acre tract of land generally located 4,700 feet east of the intersection of Old Wiederstein Road and Cibolo Valley Drive, City of Schertz, Guadalupe County, Texas. (B. James /L. Wood /M. Harrison). Mayor Gutierrez recognized Assistant City Manager Brian James who provided a brief overview on the request for a waiver related to on -site sewage facilities. The applicant is proposing a septic system to serve the property which is approximately a 5 -acre tract of land to serve a single residence. The request was originally presented to the Planning and Zoning City and denied. The UDC allows the applicant to appeal the decision to the City Council. The City sent out public hearing notices and the city received seven responses in opposition to allowing the waiver request. Staff is recommending denial of the waiver request. Mayor Gutierrez opened the public hearing and recognized the following: • Donald Schaezler, 19439 Old Wiederstein Rd- operates Warbler Woods Bird Sanctuary, a 501 -0 charitable foundation. His concerns include surface run -off, ground contamination and odors from septic tanks. Mr. Schaezler provided a written document which listed additional environmental concerns if the waiver was approved. • Susan Schaezler, 19439 Old Wiederstein Rd- co- operates the Warbler Woods Bird Sanctuary and does not support the applicant's waiver request to approve a septic system to be installed on the property. Ms. Schaezler's concerns included surface water run off the septic system area towards her property that has a well that is only 1300' away from the Busch Subdivision. She has read the details of the application, but states it does not address all the issues. • Michele Debs, 5538 Verbena Rd, San Antonio, TX - spoke on behalf of the applicant who is requesting a waiver on the denial by Planning and 6 Zoning Commission to install a septic system on their 5 -acre property. She noted the adjoining neighbors have septic systems and does not understand why they support the denial request. Ms Debs stated the cost to hook up to sewer included $1.05,000 to $262,000. The cost could increase due to the area where the proposed manhole would be is 25ft deep and in rock. Mayor Gutierrez closed the public hearing. 12. PC2021 -022 - Consideration and action on an appeal of a Planning and Zoning Commission determination regarding a request for a waiver related to on -site sewage facilities for the Busch Subdivision, on approximately 5 -acre tract of land generally located 4,700 feet east of the intersection of Old Wiederstein Road and Cibolo Valley Drive, City of Schertz, Guadalupe County, Texas. (B. James /L. Wood /M. Harrison). Mayor Gutierrez opened the floor for discussion. City Councilmembers stated they understood the applicant's wish to put a septic system in, however there was a similar situation a few years back with an applicant on FM 1103 and that final decision was to have that applicant tie into the sewer system. City Council wishes to maintain consistency and follow the UDC. Coucilmember David Scagliola made a motion to uphold the Planning and Zoning decision to deny the applicant a septic tank system on his property. Moved by Councilmember David Scagliola, seconded by Mayor Pro -Tem Jill Whittaker AYE: Mayor Pro -Tem Jill Whittaker, Councilmember Mark Davis, Councilmember Rosemary Scott, Councilmember David Scagliola, Councilmember Allison Heyward, Councilmember Tim Brown Passed 13. Resolution No. 21 -R -72 - Consideration and /or action approving a Resolution authorizing a contract with R.L. Jones LP for construction of the Elbel Storm Drain and Overlay Project and authorizing budget expenditures for the project. (B. James /K. Woodlee /J. Nowak) Mayor Gutierrez recognized City Engineer John Nowak who provided an update on the Elbel Storm Drain and Overlay Project. Staff opened up the bids for the Elbel Project and costs came in a little higher than anticipated. The project can be funded by transferring funds from the SPAM (Street Preservation Maintenance Program) and reduce the planned SPAM projects. The amount needing to be transferred is $314,000.00. Staff is recommending transferring the funds from the SPAM program and fully fund the Elbel Storm Drain and Overlay Project. Moved by Councilmember David Scagliola, seconded by Councilmember Allison Heyward AYE: Mayor Pro -Tem Jill Whittaker, Councilmember Mark Davis, Councilmember Rosemary Scott, Councilmember David Scagliola, Councilmember Allison Heyward, Councilmember Tim Brown Passed 14. Resolution 21 -R -68 - Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas approving the City of Schertz Fiscal. Year 2021 -2022 Water and Wastewater Rates and other matters in connection therewith. (C. Kelm/S.Williams /S. McClelland) Mayor Gutierrez recognized Public Work Director Suzanne Williams who reviewed the CIP Projects that would be funded with the FY 2021 -2022 Water and Wastewater Rate increase. Ms. Williams recognized Ms. Megan Kirkland with NewGen Stragedies and Solutions who provided a PowerPoint presentation regarding the Water and Wastewater Rate Study with the following highlights: • Presented the Rate History of Water and Wastewater from 2018 to current(Note: FY2021 -no water or wastewater rate increase) • Regional Bill Comparison: 10 Local Cities- currently Schertz is #5 • Summary of Issues Facing Utilities: Growth, Capital Improvement Projects, SSLGC Water Purchases (Guadalupe Plant), Simplify Rate Structure • Simplify Rate Structure- explained the new rate structure for water /wastewater tier rates • 5 -Year Outlook - Water Revenue Requirement and Wastewater Revenue Requirement • Rate Revenue Scenarios with: 3% vs. 4% rate increase Mayor and City Council discussed the following: • Discussed the 3% vs. 4% rate increase • Raising rates by only 3% - unable to do all the projects needed and possibly risking infrastructure by pushing back projects. • Rating the projects in order of need • Water quality • American Relief Plan - distributing funds Moved by Councilmember Allison Heyward, seconded by Councilmember Tim Brown AYE: Mayor Pro -Tem Jill Whittaker, Councilmember Mark Davis, Councilmember Rosemary Scott, Councilmember David Scagliola, Councilmember Allison Heyward, Councilmember Tim Brown Passed 15. Council Rule 21- CR -01- A Rule Established by the City Council of the City of Schertz, Pursuant to the City Council Rules of Procedure, Establishing a Subcommittee, which shall include three City Councilmembers, three Planning and Zoning Commissioners and Staff to review and make recommendations with regard to changes or updates to the PDD Standards, New Zoning District and the Tree Mitigation Program. (Mayor /Council) Mayor Gutierrez stated he spoke to Chairman Glen Outlaw of the Planning and Zoning Commission who appointed Commissioner Ken Greenwald, Commissioner Earl Platt and Commissioner Jimmy Odom to the Subcommittee. Mayor Gutierrez appointed Mayor Pro -Tem Jill Whittaker, Coucilmember Michael Dahle and Coucilmember David Scagliola. The Subcommittee will meet and make recommendations for City Council to approve. This Subcommittee is subject to the open meetings act and will have agendas posted. Moved by Councilmember Allison Heyward, seconded by Councilmember Rosemary Scott To approve Council Rule 21- CR -01. AYE: Mayor Pro -Tem Jill Whittaker, Councilmember Mark Davis, Councilmember Rosemary Scott, Councilmember David Scagliola, Councilmember Allison Heyward, Councilmember Tim Brown Passed Workshop 16. Appointment of the Mayor Pro -Tem - Discussion and consideration and /or action regarding the confirmation, appointment or election of the Mayor Pro -Tem. (Mayor /Council) Mayor Gutierrez read and explained the responsibilities of the Mayor 9 Pro -Tem Office. Mayor Gutierrez thanked Mayor Pro -Tem Jill Whittaker for her service from February 2021 to July 2021. Councilmember Michael Dahle is next in rotation for the Mayor Pro -Tem position (August 2021 - February 2022) Moved by Councilmember David Scagliola, seconded by Councilmember Mark Davis To approve the appointment of Councilmember Michael Dahle as the next Mayor Pro -Tem. AYE: Mayor Pro -Tem Jill Whittaker, Councilmember Mark Davis, Councilmember Rosemary Scott, Councilmember David Scagliola, Councilmember Allison Heyward, Councilmember Tim Brown Passed Roll Call Vote Confirmation Mayor Gutierrez recognized Deputy City Secretary Sheila Edmondson who provided roll call vote confirmations for Items 1 -16. Closed Session Mayor Gutierrez recessed the regular meeting into Closed Session at 7:24 pm and the following item into record: 17. The City Council will meet in Closed Session pursuant to Texas Government Code Section 551.072, Deliberation Regarding Real Property, to deliberate the purchase or value of real property; to wit: property necessary for future expansion of FM 3009 south of FM 78. Reconvene into Regular Session Mayor Gutierrez reconvened back into regular session at 7:59 p.m. 17a. Take any action based on discussions held in closed session under Agenda Item 17. No action taken. 10 Requests and Announcements • Requests by Mayor and Councilmembers for updates or information from staff. No items requested. • Requests by Mayor and Councilmembers that items or presentations be placed on a future City Council agenda. No items 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 Mayor Gutierrez recognized the following: Mayor Pro -Tem Whittaker attended the Reynoso Agency Farmers Insurance Ribbon Cutting Ceremony. Councilmember Allison Heyward attended CADCA Conference, Access Medical Urgent Care Ribbon Cutting, 2021 Balcones Heights Jazz Festival, Wendy Swan Public Input Meeting and the TMRS Virtual Conference. Adjournment Mayor Gutierrez adjourned the meeting at 8:03 p.m. Ralph Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary im ei Olum City Council August 3, 2021 Meeting: Department: Public Works Agenda No. 2. Subject: Ordinance No. 21 -F -30 - Consideration and /or action approving an Ordinance by the City Council of the City of Schertz, Texas amending Chapter 90, of the Code of Ordinances, Article V, Water and Wastewater Capital Recovery Fees; Repealing all Ordinances or Parts of Ordinance in Conflict with this Ordinance, and providing an effective date. (First Reading) (C. Kelm /S. Williams) The City is authorized by its charter and Chapter 395 of the Local Government Code to impose impact fees, also referred to as Capital Recovery Fees. These fees are used to finance infrastructure that is demanded by new development. Over time, internal processes have changed and this Ordinance is being updated to accurately reflect how impact fees are assessed to the customer, as well as clarifying language to align with Chapter 395 and the City's internal language used in planning and development. GOAL The Ordinance is being updated to clarify to the customer how and why impact fees are collected, as well as to ensure the City is collecting the appropriate amount of impact fees to support the infrastructure needed, due to growth. COMMUNITY BENEFIT As new development continues to grow in the City, demands are placed on the Water and Wastewater Systems to provide a safe and reliable water supply to its residents and businesses. Updating this Ordinance with current processes enables the City to collect appropriate, consistent, and fair impact fees to support the Water and Wastewater Systems. In addition, updating this Ordinance ensures the language is consistent with Chapter 395 and the internal processes of the City for ease of understanding for the customer. Staff recommends City Council approve the first reading to amend Ordinance 21 -F -30. FISCAL IMPACT No Fiscal impact. 1- 9CV7u I►/ 1010111T_r 9 [130 Staff recommends City Council approve the first reading to amend Ordinance 21 -F -30. Attachments Ordinance 21 -F -30 Chapter 90 redline changes ORDINANCE NO. 21 -F -30 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. That Chapter 90, Article 5 be amended as set forth in Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person . or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. Pursuant to Section 4.09(e) of the City Charter, by vote of not less than two - thirds of the members of the City Council present at the meeting at which this Ordinance was first considered, the City Council has determined that an emergency exists which requires immediate action, and this Ordinance is hereby adopted on a single reading, and this Ordinance shall be effective upon the date hereof and any publication required by law. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, THAT THIS ORDINANCE WAS PASSED and APPROVED on first reading this the 3rd day of August, 2021. PASSED, APPROVED and ADOPTED on second reading this the day of August, 2021. Ralph Gutierrez, Mayor Brenda Dennis, City Secretary 111;q 11!!IIII; I � -I its 'Jorlerate;I ty Fwrr va�10111$11TIOIII I[] LIM WITUTe, Tif *TrweT designated service area. !411E AU �-U� �dl � ummmilt FlutflU Lit, Lik-L I Assessment means the determination • the amount • the maximum capital recovery fee per service unit which can be imposed • new development pursuant to this article. Capital recovery fee means an for water or wastewater fiacilifies as defined herein,� e--te be,L irn ps b ed -up e r, - 4;e w A e v el G pf ri e R -t, E;-,44 ek. m 1,9 te, d-ba s: ad-up 9 rifle -co &t&-ef - f ric; Mcls, el at 4G- .: th (-,trr .sGPffI-VT,Rt4'4',It ien-4 wae4awater. &for4he PU-FPGSe-Gf !RA-,,, S City means City of Schertz. City council (council) means governing body of the City of Schertz. Facility expansion means the expansion of the capacity of an existing facility which serves the same function as an otherwise necessary new capital improvement in order that the existing facility may serve new development. Facility expansion does not include the repair, maintenance, modernization, or expansion • an existing facility to better serve existing development. Firmil sub �viek#?-J-31 -at G-UhdMFA(-M;-Wh4Gh Fourplex means a structure on a single lot designed to accommodate four dwelling units, as authorized under the city's zoning regulations. costs fki-r4c-wt*iGkAde,--, w egp it a I iii (�14_47J p Oar4n ("j- e ti ng-Ga p 4-al i ; p r-E-W-1841-10 AtEtG-1W"V-6 -0 ABIhIg e n jons i,iecessitated_�y_�IL)�i,,,iiitribt,itable to th ew develgRgLent,. The term includes arnortized cLiarg ):c u 15.,f( eq, fc), Lrtp ecove�y, itions in aid of constrUctio a an f J�4 g�,L �_ -PL ? a— - J? _L _f other fee that functions as descr ibed bv this definifion. The term does not include- LA)__OggLqLa LicLrLpf L I )r,) en n HeU of the dedication to §MLL O!Lm or construction or dedication of Land use assumptions means a descrip_�ion of the service area, and projections of changes in land uses, densities, intensities, and population thw-&4-ln the service area over at least a ten-year period, 2dopted by the city, as may be amended from time to time, upon which the capital improvement program is based. Living Unit Equivalent (LUE) means basis for establishing equivalency among and within various customer classes based upon the rel ationship of the continuous duty maximum flow rate in gallons per I.AWA& JAIM 2gj&tW -WW" 4, Alm 1%, 16 "--140 I 41MINWAIIIIIIII-I 1 • 1 F TA *.� AN ('7 • • 5/8 " Simple 1.0 W Simple 1.5 I" Simple 2.5 IY2" Simple 5.0 2" Simple 8.0 2" Compound 8.0 2" Turbine 10.0 3" Compound 16.0 3" Turbine 24.0 Compound 25.0 14" Turbine :42.0 6" Compound 50.0 16" Turbine 92.0 8" Compound 80.0 M. URMAI MM New development means subdivision of land; ..,��,,-the construction, reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of any structure; or any use or extension of the use of #w,-land; any of which increases the number of service or ar�4O, requires the purchase of a new water or wastewater s.eLv New development includes the sale L of water or wastewater taps resulting from the conversion of an individual well, or septic or other individual waste disposal system, to the city's water or wastewater utility. 0 MWIMMIMMIN MIN011111114614- , - - I jVAj-%-.j 11!01#1 LTJ l'i to] NEW] 1 lrq I L#J IEMPJ ot.714!1 11 ltyqj I I Lpqj a 111111"llwills] 91 0 tollmomm-11-aw- wil Im IIIIAR lw TL;i Lai a) 11 r—I a I A [fit 0-11 of Pl*-- ffialia#] mflyl orti 114.1 [$]gas] ir 1 oaz#.l 614 11 JORTiTv vitzlylyra m m v LIM I I mr-Awmi 11 [oner-low (a) This article shall be uniformly applicable to new development which occurs within the water and wastewater service areas, except for new development which occurs within the service areas of the city's wholesale customers. (b) No new development shall be exempt from the assessment of capital recovery fees as defined in this article. "from, (a) The water and wastewater service areas are established as shown on the service area map which has been adopted by city council and is on file in Public WorkE --M, (b) The service areas shall be established consistent with any facility service area established in the CIP for each utility. Additions to the service area may be designated • the city council consistent with the procedure set forth in Tex. Local Government Code, ch. 395 and its successors. k)—Service units (21a) Upon application for a building permit (for properties inside the city corporate limits) or upon tap purchase (for properties outside the city corporate limits), service units for the property in question shall be calculated based on living units equivalent as determined by ' 'of such new devel the ent ii historical data and —subdivision in which the individual unit of ` uri ,previous 1 ytj[z 'L 0 or alternative, '�Tllw 11 TOM Paul 11 60 IF for the new development will be different . (,§:c,) If a fire demand meter (tap) is purchased for a property, the meter size utilized to calculate the number of LUE's shall be the dimension of the portion of the fire demand meter which reflects the meter size which would provide only domestic service to the property. Said reduced meter size shall Vien be utilized to calculate the number of LUE's. (1) The meter types used to calculate the number of LUE's shall be either simple or compou meters. i (2) To avoid the use of fire flow volumes for calculating domestic usage, the owner of any property for which a fire demand meter is purchased shall be required to execute a restrictive covenant on a form approved by the city attorney, which covenant shall acknowledge the right of the city to assess such capital recovery fees to subsequent owners of the property at the full meter size. Said covenant shall be executed prior to the purchase of the fire demand meter and shall be filed in the deed records of the county. improvements and shall be set forth in ordinances and exhibits thereto as are adopted from time time. i (b) Exhibits may be amended by the city council according to the procedure set forth in the act. (c) Current capital recovery fees for water/wastewater shall be as established from time to time by ordinance and exhibits attached thereto. 3EMZMM�� (c) Following assessment of the capital recovery fee pursuant to subsection (b), no additional capital recovery fees or increases thereof shall be assessed against that development unless the number of service units increases, as set forth under section 90-147. (d) Following the lapse or expiration of approval for a plat, a new assessment must be performed at the time a new application for such development is filed. (2) LUE's shall be summed for all meters purchased for the development. (3) The total service units shall be multiplied by the appropriate per-unit fee amount determined as set forth in section 90-148 of this article. (4) Fee credits and offsets shall be subtracted as determined by the process prescribed in section 90-148 of this article. (b) The amount of capital recovery fee due for anew development shall not exceed an amount computed by multiplying the fee assessed per service unit pursuant to section 90-148 of this article by the number of service units generated by the development. 5�� oil- 1 11 1 1 ONOW1144161MI W6111WO � W-115114 11 J16 a ]&I UA � & '020101111 W (3) Late payments shall subject the applicant to a penalty of ten percent of the amount due and additional interest in addition to all other remedies available to the city as lien holder. (4) Customer hardship cases, at the discretion of the superintendent, may be assisted with a financial assistance plan not to exceed 12 months with a ten percent administrative fee for handling the paperwork. e) It shall be the policy of the city to attempt to revise any contracts which might exist with wholesale customers, or which in the future may be entered into for wholesale service, in such a manner that M.MOMM. (a) The city shall offset the present value of any system-related facilities, pursuant to rules established in this section, and which have been dedicated to and have been received by the city, including the va�ae of rights-of-way or capital improvements constructed pursuant to an agreement with the city, againsl the amount of the capital recovery fee due for that category of capital improvement due from the contribution. (2) If the total number of LUE's used by the city in the original offset or credit calculation describ in subsection (1) is eventually exceeded by the number of total LUE's realized by the actu development, the city may, at its sole discretion, collect the full capital recovery fee exclusive any associated offsets or credits for the excess LUE's. I (3) At its sole discretion, the city may authorize alternative credit or ofiset agreements upon petition by the owner, I - I I a M (a) The city finance department shall establish separate interest-bearing accounts in a bank authorized to receive deposits of city funds, for each major category of capital facility for which a capital recovery fee is imposed pursuant to this article. (1) Construction, acquisition or expansion of L�k -or assets other than capftgI_jnjg[qye sions #wi&e - - �gientsorfacfl&g_ n_ identified a 'lity-in the capital improvements program; ,-,qw.,.>rr)p,R,a4e--u4 (2) Repair, operation, or maintenance of existing or new capital improvements or facilities expansions, w+4 s-f gic(z"�-w*� (3) Upgrading, expanding or replacing existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards; (4) Upgrading, expanding or replacing existing capital improvements to provide better service to existing development; provided, however, that capital recovery fees may be used to pay the costs of upgrading, expanding or replacing existing capital improvements in order to meet the need for new capital improvements generated by new development; or 9�� - �= (a) The property owner or applicant for new development may appeal the following decisions to the superintendent: rfilml= I ��= M��M (2) The amount of the capital recovery fee due; (3) The application of an offset or credit against a capital recovery fee du (4) The amount of the refund due, if any. I (a) Any capital recovery fee or portion thereof collected pursuant to this article which has not been expended within ten years from the date of payment, shall be refunded, upon written application therefore by the record owner of the property at the time the refund is paid. If the capital recovery fee was paid by another governmental entity, such refund shall also include interest calculated from thii, date of collection to the date of refund at the statutory rate as set forth in article 1.03, title 79, (articl: 5069-1.03, Texas Revised Civil Statutes Annotated, as amended)(Vernon's Ann. Civ. St. art. 5069- 1.03), or any successor on the amount of the capital recovery fee. (b) If a refund is due pursuant to subsection (a) of this section, the refund of unexpended fee payments, including interest from the date of payment, shall be made to the current record owner or governmental entity. 0 14TIM Mfla IM IN 0 Tr fORE.11 00111ILZIEZ1. jb-.Ilr -Ker WAR, 1042P, 0 0 AYN 14vior �Jlmqr M4111ray M (f) Petition for refunds shall be submitted to the superintendent on a form provided by the city for such purpose. Within one month of the date of receipt of a petition for refund, the superintendent must provide the petitioner, in writing, with a decision on the refund request, including the reasons for the decision. If a refund is due to the petitioner, the superintendent shall notify the city treasurer and request that a refund payment be made to the petitioner. The petitioner may appeal the determination to the city council, as set forth in section 90-155 of this article. ` WIMMU�� wn�$ - �Im ff-RIT4MMEME =-- a) The city may, at its sole discretion, finance water and wastewater capital improvements of facilities expansions designated in the capital improvements program through the issuance of bonds or other obligations, through the formation of public improvement districts or other assessment districts, or through any other authorized mechanism, in such manner and subject to such limitations as may be provided by law, in addition to the use of capital recovery fees. 311111P 1111 !!!1 7 =- (b) r a;pd' s ,5...R:, 6 k; uh;xr• tt# ,.n,„ s :ti r.,;'° t�i �xCtz�,.a�S ��M} �, ��-. r��• ��; �:;; ��?�. �� ;a,..�,t?w«,..��e��;tvnS�.� r..��.� ��F.r��"^ i��. �§,. �...��t�.3�S�r.�.�a��4 —�,�� }- ��.�j'�� -s��; (Code 1976, § 1 -129) Agenda No. ei Olum City Council August 3, 2021 Meeting: Department: Police Department Subject: Police Department Training Program - Workshop discussion regarding the Police Department Training Program. (C. Kelm/M. Hansen /M. Bane /H. Murphy) Policy /Training Reviews and Updates (Police Department) Currently, the department is reviewing all of its policies and updating them. This review is an internal and external review by our Officers, Legal Team, and outside experts to ensure all policies are up to date with current statues. In parallel with the policy updates, our Police Officer training is being updated to include the policy updates and latest improvements in Community Policing. Lowell Denton has developed and is providing personal training to the entire Department on policy development, implementation, and potential impacts to the community. Overall, this is a significant investment in our Department to provide the high level of service to our Community expected of and provided by our Officers. To utilize this QR code below to download our Schertz Police Department smart phone application: 1phone: 1) Open your camera application 2) Hold your camera over the QR code until you get a notification at the top of the screen to open the code in Safari 3) Click on notification, which will bring you to the app store 4) Click download If you're running Android 8 or later, you can scan a QR code by long- pressing the home button and selecting Lens. Then point your camera at the QR code, tap the magnifying glass icon, and tap the pop -up notification. 1. Press and hold the home button. Then tap Lens. This is the circle surrounded by lines to the left of the four colored buttons at the bottom of your screen. Note: A prompt will appear if it's your first time to use this feature. If it does, simply choose Allow. If you don't have Google Assistant on your Android, you can download the Google Lens app from the Google Play Store. Point your camera at the QR code. You don't have to fill the entire screen, but make sure that all four corners of the QR code are in view. Then tap the magnifying glass icon to scan the QR code. You can find this at the bottom of your screen. Finally, tap the pop -up notification. You will then be directed to the information or action embedded in the QR code. This could open a webpage, open the Google Play Store, save a contact, and more. Survey (A. Kraft) The Police Services Survey was created to give the police department a better understanding of the progress we make and to identify community concerns. To access the survey, residents can scan a QR code or go to the police department website and provide direct feedback to our Police Department. The Police Department and City of Schertz will use this feedback to evaluate our service to the City. To utilize this QR code to download our Schertz Police Department Customer Survey: 1. Open your camera application 2. Hold your camera over the QR code until you get a notification at the top of the screen to open the code in Safari 3. Once the survey opens you can fill in the blanks and submit. If you're running Android 8 or later, you can scan a QR code by Long- pressing the home button and selecting Lens. Then point your camera at the QR code, tap the magnifying glass icon, and tap the pop -up notification. L Press and hold the home button. 2. Then tap Lens. This is the circle surrounded by lines to the left of the four colored buttons at the bottom of your screen. Note: A prompt will appear if it's your first time to use this feature. If it does, simply choose Allow. If you don't have Google Assistant on your Android, you can download the Google Lens app from the Google Plav Store. Point your camera at the QR code. You don't have to fill the entire screen, but make sure that all four comers of the QR code are in view. Then tap the magnifying glass icon to scan the QR code. You can find this at the bottom of your screen.