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04-08-2014 MinutesMINUTES REGULAR MEETING April 8, 2014 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on April 8, 2014, 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 Daryl John Staff Present: Executive Director John Bierschwale Chief of Staff Bob Cantu City Secretary Brenda Dennis Councilmember Jim Fowler Councilmember Cedric Edwards City Manager John Kessel Executive Director Brian James City Attorney Charles Zech Deputy City Secretary Donna Schmoekel Mayor Michael Carpenter and Councilmember Duke were absent. Call to Order Mayor Pro -Tem Scagliola called the Regular Meeting to order at 6:00 p.m. Invocation and Pledges of Allegiance to the Flags of the United States and the State of Texas Reverend Richard Young, Universal City United Methodist Church provided the invocation followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. Presentations: • Proclamation National Crime Victims Rights Week (Christi Williams/Michele Meehan) Mayor Pro-Tem. Scagliola read and presented the Proclamation to Ms. Christy Williams, Ms. Michele Meehan, and Ms. Dixie Bane with the Guadalupe County Children's Advocacy Center. City Events and Announcements • Announcements of upcoming City Events (J. BierschwaleB. James) Mayor Pro -Tem Scagliola recognized Executive Director Brian James who provided the following announcements and upcoming events: Wednesday, April 9, Health and Wellness Expo, Schertz Civic Center, 8:00 a.m, to Noon. Thursday, April 10, Northeast Partnership Meeting, Olympia Hills Golf Course and Conference Center, Universal City, 11:30 a.m. to 1:00 p.m. Thursday, April 10, Community Volunteer Fair, Schertz Civic Center, 5:30 to 7:00 p.m. 04 -08 -2014 Minutes Page - 1 - • Friday, April 11, Randolph Family Dental Ribbon Cutting, 3900 FM 3009, 11:00 a.m. to Noon. • Saturday, April 12, Lions Club Easter in the Park, Pickrell Park, 8:00 a.m. to 1:00 p.m. • Monday, April 14, George Logan Retirement BBO, Pickrell Park, 11:00 a.m. to 1:00 p.m. • Tuesday, April 15, Schertz Chamber of Commerce Luncheon, Civic Center, 11:30 a.m. to 1:30 p.m. • Tuesday, April 15, Animal Adoption Center — Grand Opening 800 Community Circle, 4:00 p.m. to 5:30 p.m. • Announcements and recognitions by City Manager (J. Kessel) Mayor Pro -Tem Scagliola recognized City Manager John Kessel who gave a shout out to the Library. Ms. Melissa Uhlhom is the new Library Director, but the whole Library has created special opportunities within the Library, a human interest opportunity. Mr. Kessel stated that the Library has a new part time book shelver, one of the Special Education Students from the school district. He is doing a tremendous job. Mr. Kessel stated that the School provided some feedback since he has been working at the Library. They said he is doing something in school that he hasn't before, which was he is singing. He is going to school and he was being really happy that he was able to go to the Library and put the books on the shelves. The Library is receiving great work from him and he is happy. Mr. Kessel stated what a great service the Library has provided to our community and to the one student. Hearing of Residents: No one spoke. Mayor Pro-Tern Scagliola announced there was a sign -up sheet in the back for those students participating in the Hal Baldwin Scholarship. Consent Agenda Items Minutes - Approval of the minutes of the regular meeting of April 1, 2014 (J. Kessel/B. Dennis) 2. Ordinance No. 14 -T -14 — Approval of an Ordinance authorizing a Midyear Budget Adjustment to the General Fund, EMS Fund, and EDC Fund. Final Reading (J. Kessel/J. Walters) The following was read into record: ORDINANCE NO. 14 -T -14 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A MIDYEAR BUDGET ADJUSTMENT TO THE GENERAL FUND, THE EMS FUND, AND THE EDC FUND; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE 04 -08 -2014 Minutes Page -2- 3. Ordinance No. 14 -T -15 — Approval of an Ordinance establishing fees for Senior Center related services provided by the City of Schertz. Final Reading (J. Kessel/J. Walters) The following was read into record: ORDINANCE NO. 14 -T -15 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 SENIOR CENTER RELATED SERVICES PROVIDED BY THE CITY OF SCHERTZ; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AS TO SUCH SUBJECT; PROVIDING FOR FUTURE AMENDMENT OF THIS ORDINANCE BY RESOLUTION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 4. Resolution No. 14 -R -34 — Approval of a Resolution authorizing a Professional Services Agreement with Ford Engineering, Inc., relating to Engineering Design Services for the Borgfeld Detention Pond Remediation Project. (K. Woodlee/L. Busch) The following was read into record: RESOLUTION NO. 14 -R -34 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH FORD ENGINEERING, INC., RELATING TO ENGINEERING DESIGN SERVICES FOR THE BORGFELD DETENTION POND REMEDIATION PROJECT, AND OTHER MATTERS IN CONNECTION THEREWITH 5. Resolution No. 14 -R -35 — Approval of a Resolution authorizing a contract with Ferguson Waterworks relating to the materials for the construction of the Maske Road Waterline Project. (J. Bierschwale /S. Willoughby /J. Hooks) The following was read into record: RESOLUTION NO. 14 -R -35 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A CONTRACT WITH FERGUSON WATERWORKS RELATING TO THE MATERIALS FOR THE CONSTRUCTION OF THE MASKE ROAD WATERLINE PROJECT AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Pro -Tem Scagliola recognized Councilmember Fowler, who moved, seconded by Councihnember Edwards, to approve the consent agenda items 1 through 5. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler, John, and Edwards voting yes and no one voting no. Councilmember Duke was absent. Motion Carried 04 -08 -2014 Minutes Page - 3 - Discussion and Action Items 6. Ordinance No. 14 -D -16 — Consideration and/or action appiroving an Ordinance amending the Code of Ordinances of the City of Schertz, Texas to prohibit parking on Arroyo Verde from the driveway of the Oaks of Green Valley II Shopping Center to the bridge structure on the north side of the road, approximately 115 feet. First Reading (K. Woodlee/L. Busch) The following was read into record: ORDINANCE NO. 14 -D -16 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING ARTICLE V, SECTION 86 -149 PARKING PROHIBITED ON ROADWAYS MAINTAINED BY THE CITY OF SCHERTZ; AND PROVIDING AN EFFECTIVE DATE Mayor Pro -Tem Scagliola recognized Engineer -In- Training Larry Busch who introduced this item stating staff attended an HOA meeting for the Arroyo Verde Subdivision where residents discussed concerns of sight distance for the driveway from the new Oaks at Green Valley II Shopping Center. Specifically, the residents mentioned when driving towards FM 3009 on Arroyo Verde drivers, cannot see a vehicle pulling out from the retail center if there are vehicles parked along the north side of Arroyo Verde towards the residential subdivision. Staff visited the site to investigate and found that the curvature of the roadway and angle of the driveway approach does raise concerns. Also, staff made frequent visits to the site to try and determine the impact removing the parking will have on the businesses and it appears that within the times observed there will not be a significant impact. Staff recommends prohibiting parking on Arroyo Verde from the driveway of Oaks at Green Valley II to the bridge structure on the north side of the road, approximately 115 ft. The staff recommendation was approved by the Traffic Safety Advisory Commission on March 6, 2014. Mayor Pro-Tern Scagliola recognized Councilmember Edwards who stated when you are trying to turn on FM 3009 from Arroyo Verde; people are parking on both sides up to the corner. He stated that they are also parking in front of the driveway up toward the tree break. The area is completely congested on both sides up to the corner at night from the driveway to FM 3009. Councilmember Edwards stated that there is also a fitness class that is going on in this area that is creating more parking issues as night. Basically, it is turning into a one lane street. You have to wait for on- coming traffic coming in and out. Councilmember Edwards stated that staff should look at the area, particularly during the early evening hours, and see how the area could be adjusted. Councilmember Edwards also asked staff to look at traffic going toward the neighborhood of Arroyo Verde, as it is also being used for parking. Mayor Pro -Tem Scagliola recognized City Manager John Kessel who reinstated, and to be certain we understand that the whole intersection is congested all the way to the bridge, and what Councilmember Edwards is suggesting is that none of this area should be used for parking on the street, primarily because it is all either turn lanes out on to FM 3009 or turn lanes out and turn lanes into driveways. There are two drive ways that are offset slightly in 04 -08 -2014 Minutes Page - 4 - this area, so no matter where you are in the whole area, you have someone either trying to turn in or out, and what you are suggesting is that it is just too congested to use that street for parking at all. Councilmember Edwards concurred. Councilmember Edwards reiterated that this is at peak times, 6:00 p.m., and it is there for a couple of hours until 8:00 or 9:00 p.m. Mr. Busch concurred that they had observed the heaviest traffic during those times, and that by eliminating parking on the one side, it should help and they are concerned with the parking getting closer to FM 3009. Mayor Pro -Tern Scagliola recognized Executive Director of Development Brian James who stated that perhaps tonight it seems that part of the problems seems to be stemming from scheduling of classes. He stated what they could do and would might have the ability is to come out and stripe the no parking up to the corner that currently is not allow by law, which is 30 feet. What the City will propose to do is do both sides to the corner of FM 3009. Mr. James stated that the Council could do a couple of things tonight; Council could approve what is being recommended tonight, staff will take a look at the peak times that has been mentioned and run it back through the Transportation Safety Advisory Commission and get their input, and based on their input staff can come back to Council with additional recommendations. Councilmember Edwards concurred. Councilmember Edwards also asked if there was a future expansion planned in this particular area. Mr. James stated that he was unaware of an expansion as there are some flood plain issues and his impression was they did not have any more area that could be developed. Councilmember Edwards suggested making that area a parking lot. Mr. James stated that staff has had conversations with the businesses and will continue, possibly getting the tenants to join with the City to talk to the building owner and see if some of the area could be paved to expand for more parking. Mayor Pro -Tem Scagliola stated that what he understands is the parking on the street is directly related to the parking issue on the side of the building. Mr. James answered yes, as he stated this business has been very successful and parking has been an issue. He stated that staff will continue to have conversations with tenants and the owner, and hopefully the owner sees the need for making a further investment in expanding the parking lot, keeping his tenants happy. Mr. James again stated for clarification, while this solution may not be the entire fix, it helps. Staff recommends approving this on first reading tonight and approving on final reading next week. Staff will go back out and study, contact the property owners and the tenants, then take it back to the Transportation Safety Advisory Commission in May and then bring it back to Council with an update. Council concurred. Mayor Pro -Tem Scagliola also requested staff look at the parking on the side of the building as well. Mayor Pro -Tem Scagliola recognized Councilmember Edwards who moved, seconded by Councihnember Fowler, to approve Ordinance No. 14 -D -16 on first reading with the modification that staff restudies the area and also includes a parking plan for the building. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler, John, and Edwards voting yes and no one voting no. Councilmember Duke was absent Motion Carried. 04 -08 -2014 Minutes Page -5- 7. Ordinance No. 14 -D -17 — Consideration and/or action approving an Ordinance amending the Code of Ordinances of the City of Schertz, Texas to prohibit parking on Silvertree Blvd., from the intersection of Silvertree Blvd., and Dove Meadows to 110 feet Southeast of Idelwood on Silvertree Blvd. First Reading (K. Woodlee/L. Busch) The following was read into record: ORDINANCE NO. 14-D-17 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING ARTICLE V, SECTION 86 -149 PARKING PROHIBITED ON ROADWAYS MAINTAINED BY THE CITY OF SCHERTZ; AND PROVIDING AN EFFECTIVE DATE Mayor Pro -Tem Scagliola recognized Engineer -hi- Training Larry Busch who introduced this item stating at the regular TSAC meeting on January 9th a resident spoke about traffic concerns on Silvertree Blvd. Staff visited the site and took traffic counts in the area to try and alleviate their safety concerns. Silvertree Blvd begins as a 42 -foot pavement width cross section connecting into FM 3009. Within the area of concern the roadway necks down to a 30 -foot pavement width roadway with nearly a 90- degree curve. Also, in the transition section there is a commercial driveway apron and after the curve there are single residential lots fronting the roadway and an intersecting roadway. Staff recommends prohibiting parking from the pavement width transition around the curve to the intersecting roadway. This would result in approximately 210 -feet of no parking on the northeast side of Silvertree and 240 -feet of no parking on the southwest side of the road. Mr. Busch stated that part of the problem is the over flow parking from Silvertree Nursing Home. Staff spoke to the manager at Silvertree where they stated that the employees have a shift change at 2:00 p.m., and sometimes the parking lot over flows generally during that portion of the day. Staff's recommendation was approved by the Traffic Safety Advisory Commission on March 6, 2014. Mayor Pro -Tem Scagliola recognized Councilmember Edwards who stated he knows the area and that along the curve area normally'there are three F -350 trucks that are parked. He notices a piece of property that is unused and asked if this was an effective use of the property when we have a street that chokes down and turns into a one way when there is parking on both sides. He suggested that a possible solution would be to square off the circle area, which might alleviate some of the problem. Mr. Busch stated that it would possibly help on the curve area but the area is still tied into the intersection. The home actually goes up to the corner and backs off into a green lot. Councilmember Edwards asked does the City have to pass an ordinance for that particular street just because it is choked down when we can come to a solution quickly, which he believes they could come to a better solution than just passing a no parking in that area. He stated he is not negating what TSAC and the staff are recommending; he just wanted to see about a different solution as he suggested that would be better. He also understands everything has a cost to it. Mayor Pro -Tem Scagliola recognized Executive Director of Development Brian James who came forward stating part of the frustration was residents in the neighborhood believing that 04 -08 -2014 Minutes Page - 6 - business parking was encroaching into the neighborhood. It is also an odd curve where there are site distance problems and he didn't get the idea that it wasn't wide enough to get past. It was more that there is a business in the area where they are parking in the neighborhood. Mayor Pro -Tern Scagliola stated that he would like to see staff work with Silvertree in assisting in the employee parking issue. The fact is there is not enough parking for Silvertree, and he believes you are fixing the system and not the problem. Mr. James stated that he would see if on the site plan the business could pick up more parking spaces, but believes that there is not. Mr. James stated again that this is more of a scheduling issue on how Silvertree schedules their employees. They could stagger scheduling their employees so they all don't overlap at the same time. Mr. James stated staff would schedule a meeting with Silvertree and suggest possible alternative shift changes. Mr. James stated that until the other property becomes developed, he believes that this is only a temporary fix, while again stating that in most parking cases, the site plan provides for sufficient parking. While parking is fine normally, there are those times where it is congested and we make due. Mr. James continued to address Council questions and concerns. Mayor Pro -Tern Scagliola stated that he didn't want to lose focus on what the City values are; again he encouraged discussions with Silvertree and the neighbors to try and resolve the parking issues, thus keeping the business and homeowners happy. Mayor Pro -Tern Scagliola recognized Councilmember Fowler, who moved, seconded by Councihnember John, to approve Ordinance No. 14 -D -17 first reading with the provision to continue to work with Silvertree to find additional parking and report back to Council. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler, John, and Edward voting yes and no one voting no. Councilmember Duke was absent Councilmember Fowler was absent. Motion Carried Roll Call Vote Confirmation Mayor Pro -Tem Scagliola recognized Deputy City Secretary Donna Schmoekel who recapped the votes of items I through 7. Requests and Announcements 8. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives No further announcements provided. 9. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No items requested. 04 -08 -2014 Minutes Page - 7 - 10. 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 • Upcoming City Council agenda items Mayor Pro -Tem Scagliola recognized Councilmember Fowler who stated he attended the following events: • Monday, March 31, 2014, Employee Pre - Budget Meeting • Tuesday, April 1, 2014, EMS 40`h Anniversary Luncheon • Thursday, April 3, 2014, One year celebration at New Haven Assisted Living • Friday, April 4, 2014, CounciUStaff Budget Workshop Mayor Pro -Tem Scagliola stated he attended the following events: • Tuesday, April 1, 2014, EMS 401h Anniversary Luncheon • Thursday, April 3, 2014, One year celebration at New Haven Assisted Living • Friday, April 4, 2014, Council/Staff Budget Workshop Adiournment As there was no further business, the meeting was adjourned at §;-5� p.m. Mayor Pro -Tem, r ST: City Secretary, Brenda Dennis 04 -08 -2014 Minutes Page -8-