02-17-2015 MinutesMINUTES
REGULAR MEETING
February 17, 2015
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
February 17, 2015, 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 Jim Fowler
Councilmember Daryl John
Staff Present:
Deputy City Manager John Bierschwale
Chief of Staff Bob Cantu
City Secretary Brenda Dennis
Call to Order
Mayor Pro -Tem Cedric Edwards
Councilmember Grumpy Azzoz
Councilmember Robin Thompson
City Manager John Kessel
Executive Director Brian James
City Attorney Charles Zech
Deputy City Secretary Donna Schmoekel
Mayor Carpenter called the 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 (Councilmember Jim Fowler)
Councilmember Jim Fowler provided the invocation followed by the Pledges of Allegiance to
the Flags of the United States and the State of Texas.
City Events and Announcements
• Announcements of upcoming City Events (J. Bierschwale/B. James)
Mayor Carpenter recognized Director of Development Services Brian James who
provided the following announcements:
• Wednesday, February 18th — Blood Drive in front of the Community Center 8:00 a.m.
to 11:00 a.m.
• Saturday, February 28th — 2nd Annual Cibolo Chili Cook -Off — Cibolo City Hall 10:00
a.m. to 10:00 p.m.
• Saturday, March 7 - Wilenchik Walk For Life at Samuel Clemens High School
• Announcements and recognitions by City Manager (J. Kessel)
Mayor Carpenter recognized City Manager John Kessel who stated he received
notification from the Texas Registered Municipal Clerks Association that Records
Coordinator Traci Paprocki has received her Texas Registered Municipal Clerk
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Certification. Mr. Kessel stated that this certification will assist her in the duties she is
providing at the City of Schertz. Mr. Kessel congratulated her on this accomplishment.
Mr. Kessel also stated that he had a "Public Safety Announcement ", and pointed out that
recently bollards (yellow posts) have been placed in front of the City Council Chambers.
Mr. Kessel stated that he is pointing these out so that individuals do not run into them.
Presentations
Presentation and discussion regarding the retaining wall near the intersection of
Woodland Oaks and Woodbridge Drive. (B. James/K. Woodlee)
Mayor Carpenter recognized City Engineer Kathy Woodlee who provided information
regarding the retaining wall along Woodland Oaks. The following information was
provided:
Background information: Woodbridge Subdivision, Unit 1
• Subdivision constructed in 1998/1999
• Plans showed a 5' grade difference between proposed road surface and existing
grade at ROW line but did not show how this would be handled (slope, retaining
wall, etc.)
• City accepted public infrastructure in September 1999
• There are no records regarding the retaining wall construction
Retaining Wall
• House at 478 Covered Bridge constructed in 2003/2004
• Concerns expressed by staff about the proximity of the house foundation to the
wall — developer brought in an engineer who indicated it was not an issue
• Staff expressed additional concerns about impact of construction on wall
• Developer made repairs and engineer indicated work had been completed
• Wall identified as apparently failing in 2014
• City Actions
• Investigation of history of wall, ownership, maintenance responsibility
• Conducted boundary survey and condition assessment
Wall History and Ownership Summary
• Wall likely originally built at the time of road construction
• No permit ever issued for wall
• Wallis adjacent to two residential properties within the Woodbridge Unit 1
Subdivision and one commercial, undeveloped, unplatted property
• Wall mostly within right -of -way
Condition Assessment
• Wall is in failed condition
• Extreme external and internal stability issues
• Stability issues caused by omission of deadmen and short tiebacks
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Next Steps
• Geotechnical assessment
• Western portion of wall (along undeveloped property) can be removed and the
ground sloped back to existing grade
• Eastern portion of wall must be reconstructed with the most feasible type of wall.
Ms. Woodlee provided examples of a concrete block wall, a concrete cantilever spread
footing wall designs that are possible.
Next, staff will bring the following to City Council for consideration:
• Resolution for approval of contract with Lockwood, Andrews & Newnam, Inc.,
for professional services including necessary geotechnical testing and engineering
design and construction phase services
• Based on estimated construction cost, Budget Adjustment Ordinance to fund
construction.
• (Once construction bids are received) Resolution for contract with successful
bidder
• Preliminary estimate indicates the cost of project to be approximately $125,000
(includes high contingency amount)
She stated efforts will be made to ensure the most cost effective solution while creating a
community improvement that is durable and as maintenance free as possible. Ms.
Woodlee also stated that moving forward, recent code revisions and process
improvements are being required which include:
• Any retaining wall with a finished height of four feet or greater is required to be
designed, inspected, and certified by a registered professional engineer.
• Maintenance and access easements are required to be platted or recorded within
an appropriate distance of any retaining wall.
• Currently Development Services, Engineering, and Public Works are
implementing a more holistic approach to processes including plan review and
construction inspections.
Ms. Woodlee answered questions from Council. Mayor Carpenter recognized Mayor
Pro -Tem Edwards who stated that this is the right thing to do moving forward, especially
implementing new code provisions. Mayor and Council thanked Ms. Woodlee for the
update.
Hearing of Residents
Mayor Carpenter recognized the following who spoke:
• Ms. Maggie Titterington, Schertz Chamber President who thanked City Manager
John Kessel and the other City Managers for providing today their State of the City's
Addresses. Ms. Titterington also provided the following information regarding the
chamber events:
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Thursday, February 19, Chamber Mixer, Cibolo Coffee Haus, 5:30
p.m. to 7:00 p.m.
Friday, February 20, Ribbon Cutting with The Cinnamon Rolls
Bakery /Cafe, 10:00 a.m. @ 1420 Schertz Parkway, Suite 270
- Saturday, February 21, Samuel Clemens DECA Rummage sale,
Schertz Chamber parking lot 7:00 a.m. to 1:00 p.m. Twenty five
students made it to state competition so they are needing to raise
money to fund their trip and pay the tuition fees.
Thursday, March 19, `6th Annual "The Taste" (sample food from area
restaurants), 1400 Schertz Parkway, Bldg. 5, Schertz Civic Center, 5
p.m. -8 p.m. Tickets go on sale Monday, February 16.
Thursday, March 26, Small Business Forum, 5:30 p.m. to 6:30 p.m., to
get input from the Schertz business to find out how we can improve
communication between their needs and the City. She also stated that
the Heidi Search Center group will also be attending.
Lastly, Ms. Titterington the ( Schertz Chamber Military Affairs Committee) SCMAC
Committee is working with Wayland Baptist University and they are putting on a
workforce day helping transition veterans and military members on getting back into
the workforce. More specifics to come.
• Mr. Steve White, 805 Main Street, who came forward to praise Ms. Shanna Roman,
Manager of Animal Services, and her staff. They helped him gather up a large group
of feral cats in his neighborhood that had gotten out of control.
Mr. Glen Outlaw, 3729 Forsyth Park, who spoke about the Northcliffe area and the
sign(s) at the entrance on Country Club Drive that now say Northcliffe and Scenic
Hills. Somehow control of those signs and the ownership of that property ended up
with Fairways at Scenic Hills HOA not Northcliffe. He has lived there for over 25
years and that sign has been a landmark. He displayed some internet maps and
searches that label that area `Northcliffe'. It has become a generic name for the entire
area not just the original subdivision. He urges council to ask staff to find a way to
look into this situation. He would hate to see this area landmark get renamed and
disappear.
Consent ALenda Items
Mayor Carpenter recognized Councilmember Fowler who requested Item No. 3 be removed
from the consent agenda for further discussion.
1. Minutes - Consideration and/or action regarding the approval of the minutes of the
Regular Meeting of February 10, 2015. (J. Kessel/B. Dennis)
2. Ordinance No. 15 -S -08— Consideration and/or to take action upon a request approving
an Ordinance for a proposed street name change of Schnebly Drive to Hollering Vine
beginning at the intersection of Long Leaf Parkway extending north, approximately 2,300
feet to the intersection of Lower Seguin Road. Final Reading (B. James/L. Wood)
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The following was read into record:
ORDINANCE NO. 15 -S -08
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS TO CHANGE THE STREET NAME OF SCHNEBLY DRIVE TO
HOLLERING VINE.
4. Ratification of Resolution No. 15 -R -11 — Consideration and/or action ratifying
Resolution No. 15 -R -11 authorizing the application for one grant application with the
County of Bexar in the State of Texas for U.S. Department of Housing and Urban
Development Community Development Block Grant Program (CDBG) funding and all
other matters in connection therewith. (J. Bierschwale /S. Willoughby /C. Raleigh)
The following was read into record:
Ratification of Resolution No. 15 -R -11
Ratifying Resolution No. 15 -R -11 authorizing the application for one grant
application with the County of Bexar in the State of Texas for U.S. Department of
Housing and Urban Development Community Development Block Grant Program
(CDBG) funding and all other matters in connection therewith.
Mayor Carpenter called for a motion and recognized Councilmember Fowler who moved,
seconded by Mayor Pro -Tem Edwards to approve consent agenda items 1, 2 and 4. The
vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler,
Azzoz, John and Thompson voting for and no one voting no. Motion passed.
Discussion and Action Items
3. Resolution No. 15 -R -12 — Consideration and/or action authorizing a Professional
Services Agreement with Mark McLiney and Andrew Friedman with SAMCO Capital
Markets to serve as the City's Financial Advisor. (J. Kessel /J. Santoya/R, Galindo)
The following was read into record:
RESOLUTION NO. 15 -R -12
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH
MARK MCLINEY AND ANDREW FRIEDMAN WITH SAMCO CAPITAL
MARKETS TO SERVE AS THE CITY'S FINANCIAL ADVISOR, AND OTHER
MATTERS IN CONNECTION THEREWITH
Mayor Carpenter recognized Finance Director Juan Santoya who stated this is a
professional agreement with our financial advisors, Mark McLiney and Andrew
Friedman. They know the city and have been with us a long while.
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Mayor Carpenter recognized Councilmember Fowler who stated he understands they are
now with a new company. Financial Advisor Mark McLiney explained that their old
company, Southwest Securities, was bought out by billionaire Gerald Ford. However,
since the buyout, the new management team asked the employees to go in a direction he
was not comfortable with. As an example, he said he does not believe a company should
be on both sides of a transaction. A municipality and a developer traditionally have
diverse separate directions. He believes a financial advisory firm should only represent a
public entity, not be on both sides. So he left the firm (as did many others) and joined
SAMCO Capital Markets, who have been in business since 1987 and have offices in San
Antonio, Austin and Dallas. This company matches his old team's goals by representing
and maintaining relationships solely with municipalities and they do not try to represent
both sides of a transaction. This company has all the resources it needs to maintain the
services and terms the City of Schertz enjoyed before. Mayor Carpenter stated `Ethics
and Integrity,' this is why we have a relationship in the first place.
Mayor Carpenter called for a motion and recognized Mayor Pro -Tem Edwards who
moved, seconded by Councilmember Azzoz to approve Resolution No. 15 -R -12. The
vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler,
Azzoz, John and Thompson voting for and no one voting no. Motion passed.
5. Resolution No. 15 -R -13- Consideration and/or action approving a Resolution accepting
the Semiannual Report with respect to the progress of the Capital Improvements Plan,
and other matters in connection therewith. (B. James /J. Santoya/R. Galindo)
The following was read into record:
RESOLUTION NO. 15 -R -13
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS ACCEPTINING THE SEMIANNUAL REPORT WITH RESPECT TO
THE PROGRESS OF THE CAPITAL IMPROVEMENTS PLAN, AND OTHER
MATTERS IN CONNECTION THEREWITH
Mayor Carpenter recognized Director of Finance Juan Santoya who provided information
regarding the Capital Improvements Plan Semiannual Report. Mr. Santoya stated the
Texas Local Government Code requires the Capital Improvements Advisory Committee
(CIAC) to file semi - annual reports with respect to the progress of the capital
improvements plan and report to City Council any perceived inequities to implement the
plan or impose impact fees. The CIAC is a citizen group made up of our current Planning
and Zoning Commission, a real estate -type representative and a resident in the
Extraterritorial Jurisdiction, all of whom are appointed by the City Council. The report
includes a capital recovery balance report for April 1, 2014 through September 30, 2014
and draft CIAC minutes from January 28, 2015. The CIAC met and unanimously
approved the Capital Improvements Semi - annual Report. Mr. Santoya provided the
following information:
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Apr 1, 2014 to Sept 30, 2014
Beginning Impact Fee Balance
Revenues:
Impact Fees 1
Interest Earned 2
Investments Income'
Capital One - Investment Income 4
Expenses:
Legal Services 5
Auditor /Accounting Services 6
Investment Mgt Fee - Sewer 7
South East Quad Elevated Tank 8
S. Reg Reclamation Plant - Pre - Design 9
Total Revenue Over /(Under) Expense
* * * * * * * * * * * * ** Il"ACTS FEES
Water Sewer Total
4,519,502.99 3,698,280.82 8,217,783.81
298,620.10
274.98
2,641.21
0.00
139,445.16
174.99
1,038.22
5,401.63
43 8,065.26
449.97
3,679.43
5,401.63
(58.50)
0.00
(58.50)
(1,000.00)
(1,000.00)
(2,000.00)
0.00
(2,148.01)
(2,148.01)
6.77
0.00
6.77
0.00
6,042.30
6,042.30
300,484.56
148,954.29
449,438.85
Ending Impact Fee Balance 4,819,987.55 3,847,235.11 8,667,222.66
Staff recommends approval of Resolution 15 -R -13 accepting the Semi - annual Report as
filed by the Capital Improvements Advisory Committee.
Mayor Carpenter called for a motion and recognized Mayor Pro -Tern Edwards who
moved, seconded by Councilmember Thompson to approve Resolution No. 15 -R -13
accepting the Semi - annual Report as filed by the Capital Improvements Advisory
Committee. The vote was unanimous with Mayor Pro -Tem Edwards,
Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting
no. Motion passed.
Roll Call Vote Confirmation
Deputy City Secretary Donna Schmoekel provided the roll call vote information for agenda
items 1 through 5.
Requests and Announcements
6. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
No further announcements were made.
j 7. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
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No requests were made.
8. Requests by Mayor and Councilmembers to City Manager and Staff for information.
No requests were made.
9. Announcements by Mayor and Councilmembers
Mayor Pro -Tem Edwards left the meeting at 6:38 p.m.
• 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 Carpenter recognized Councilmember Fowler who stated he had a couple of
kudos for city staff regarding the traffic problem of turning right out of the Woodland
Oaks subdivision onto Schertz Parkway. City staff went out and discovered we did not
have a center lane. This feature was added by marking off a turn lane to increase the
efficiency of traffic flow leaving the subdivision. He thanked Executive Director of
Development Services Brian James and asked him to thank the team that went out there.
Councilmember Azzoz added his thanks as well and said everything works well now.
Mayor Carpenter recognized Councilmember Thompson who stated he wanted to thank
someone he has not yet met. He explained his wife is a long distance runner and was
running Saturday along Buffalo Drive around 11:30 a.m. He was driving beside her for a
short while talking to her and pacing her, and just as he drove away a police officer
pulled up after him beside his wife to ask if she was okay. He had spotted the `odd
behavior' of a car driving beside a woman pedestrian and was double checking on her
safety. Councilmember Thompson said he did not know who to thank so he extended his
thanks to the Schertz Police Department in general.
Mayor Carpenter stated that was a fantastic story and he hopes things like that happen in
the City all the time. He added that Councilmember Edwards had to leave a few minutes
ago and since we now do not have a full council, he recommended we postpone the
executive session scheduled for this evening to a later date.
Executive Session
11. City Council will meet in closed session under section 551.074 Evaluation of the City
Secretary and Deputy City Secretary.
Council did not meet.
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Adi ournment
Meeting was adjourned at 6: 42 p.m.
rATTtST: -
Brenda Dennis, City Secretary
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