09-29-2015 MinutesMINUTES
REGULAR MEETING
September 29, 2015
A Special Joint Meeting and Regular Meeting was held by the Schertz City Council of the City of
Schertz, Texas, on September 29, 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 Pro -Tem Fowler
Councilmember Daryl John
Councilmember Robin Thompson
Staff Present:
Executive Director Bob Cantu
City Attorney Charles Zech
Deputy City Secretary Donna Schmoekel
Mayor Michael Carpenter was absent.
Call to Order — City Council Regular Session
Councilmember Grumpy Azzoz
Councilmember Cedric Edwards
Executive Director Brian James
Executive Director Dudley Wait
City Secretary Brenda Dennis
Mayor Pro-Tern Fowler called the 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 Azzoz)
Mayor Pro -Tem Fowler recognized Councilmember Azzoz who provided the opening prayer
followed by the pledges of allegiance to the flags of the United States and the State of Texas.
Councilmember Azzoz provided the opening prayer 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 (B. James/D. Wait/B. Cantu)
Mayor Pro -Tem Fowler recognized Executive Director Dudley Wait who provided the
following announcements:
• Saturday through Sunday, October 3 - 18 Annual Fall Cleanup, More information
available on the City website.
® Tuesday, October 6th National Night Out - Mayor and Council meet in the City
Management area no later than 5:30 p.m.
• Tuesday, October 6th City Council Meeting Cancelled due to "National Night Out"
® Monday, October 12th Columbus Day - City Offices closed
® Thursday, October 15th Steve Simonson Award and Volunteer Banquet 6:30 pm
Schertz Civic Center, please RSVP with 311
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ELECTION INFORMATION
® Wednesday, October 14"' Meet the Candidates Schertz Civic Center 6:00 — 7:30 pm for
City of Schertz Candidates as well as candidates for the SCUCISD Board
• Monday through Friday, October 19 - 30 Early Voting Begins - Information varies as to
various dates and times at specific designated poll locations. Please go to www.schertz.com
for more information or contact the City Secretary's office.
• Tuesday, November 3rd Election Day Voting hours 7 am-7 pm
• Announcements and recognitions by City Manager (B. James)
Mayor Pro -Tem Fowler recognized Executive Director Brian James who recognized the Parks
Staff who have recently been working to create a new astronomy program at Crescent Bend
Nature Park. The kick -off was a group of folks who on Sunday evening gathered to watch the
lunar eclipse. Mr. James stated that they are also working with the school district on the
program.
Mr. James also wanted to recognize several staff members from a number of departments who
are working with SCUCISD to provide additional parking areas on the grass behind the
skateboard park to accommodate all the extra folks who will be coming to this weekend's
Clemens vs. Steele football game.
Mr. James stated that tonight is Ms. Michelle Sanchez's last time to address the Council. He
stated that Wednesday is her last day with the City of Schertz as she is retiring with 31 years
of municipal and development experience. Michelle has announced her retirement after 31
years of service in municipal government. Mr. James thanked Michelle for all her efforts over
the last several years in Schertz to improve the plan approval processes, the expedition of
several large business projects and the many housing permits.
City Council and the audience provided a standing ovation in her honor.
HearinLy 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, andlor 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.
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Mayor Pro -Tem Fowler recognized the following who spoke:
• Mr. Richard Dziewit, 2550 Chasefield Drive, who reported that the bricks at the Veterans
Memorial Plaza are fading. He is part of the Crime Stoppers program and wanted to thank
all the Law Enforcement Agencies, First Responders, EMS, Police, and Fire and provided
a decal from the Crime Stoppers to all those that continue to support the program.
Ms. Maggie Titterington, Schertz Chamber President who provided the following
information regarding the events of the Chamber:
- Wednesday, September 30, 2015, Ribbon Cutting at SABOR in Selma at 4:30 p.m.
- Friday, October 9, 2015, Chamber Golf Classic at the Bandit Golf Course; she stated
the event is sold out but there is still an opportunity to take advantage of the silent
auction items.
- Leadership Core applications are being accepted until October 30, 2015.
- October 23, 2015, Schertz Ambassadors are hosting a Senior Spooktacular event at the
Schertz Senior Center.
Ms. Titterington also wanted to provide kudos to city staffer Sam Rhodes who provided an
awesome job in cleaning the outside of the Chamber facilities recently.
Ms. Titterington also wanted to provide kudos to City Development Services staff for
recently working with Re/Max and Simmonds Realty regarding a drainage issue as well as
kudos to staff member, Michelle Sanchez for assisting with the name change of Rockstars
Place to the Twisted Spur.
Lastly, Ms. Titterington stated that the Schertz Chamber has been joined by 100 other
Texas Chambers in signing a resolution to support the upcoming Proposition 7. She stated
$2.5 billion would be deposited into the state highway fund from state sales tax revenues
above the first $228 billon dollars that year. Thirty -five percent of the net revenue derived
from the motor vehicle sales and rental tax above the first $5 billion dollars each year
would be deposited into the state highway fund.
Proposition 7 cannot be used to pay for toll roads. The money deposited into the state
highway fund can only be used for: construction, maintenance, and acquiring right of
ways for public roads or to repay the principal and interest on general obligation bonds
issued by TxDOT.
Recess - City Council Regular Session
Mayor Pro -Tem Fowler recessed the regular session at 6:10 p.m.
Call to Order — Special Joint MeetinL, (City Council and Economic Development Corporation
Call Joint Meeting to order
a. City Council — Mayor Pro -Tem Fowler
Mayor Pro -Tem Fowler called the Special Joint Meeting with the City Council and
Economic Development Corporation to order at 6:10 p.m.
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b. Economic Development Corporation - Vice Chairman, Angelina Kiser
Vice -Chair Kiser called the Special Joint Meeting with the City Council and Economic
Development Corporation to order at 6:11 p.m., and provided the following roll call of
EDC Directors present: Director Roy Richard, Director Paul Macaluso, Director
Marvin Thomas and Director Grady Morris.
2. Resolution No. 15 -R -81 - Consideration and/or action approving a Resolution authorizing
Amendment No. 2 to the Economic Development Incentive Agreement among the City of
Schertz, Texas, The City of Schertz Economic Development Corporation,_ Guadalupe County,
Texas, and Amazon.com.kydc LLC. (B. James/K. Kinateder)
The following was read into record by Mayor Pro -Tern Fowler and Vice President Kiser:
RESOLUTION NO. 15 -R -81
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING AMENDMENT NO. 2 TO THE ECONOMIC DEVELOPMENT
INCENTIVES AGREEMENT AMONG THE CITY OF SCHERTZ, TEXAS, THE
CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION,
GUADALUPE COUNTY, TEXAS, AND AMAZON.COM.KYDC LLC;
AUTHORIZING CERTAIN BENEFITS BY THE CITY PURSUANT THERETO; AND
OTHER MATTERS IN CONNECTION THEREWITH
Mayor Pro -Tern Fowler recognized Executive Director of Economic Development Kyle
Kinateder who introduced this item answering questions from Council and EDC Directors.
Mr. Kinateder stating on November 6t', 2012 the City of Schertz (the "City "), the Schertz
Economic Development Corporation (the "SEDC "), Guadalupe County (the "County ") and
Amazon.com.kydc LLC ( "Amazon ") entered into an Economic Development Incentive
Agreement (Agreement).
Under the Agreement, Amazon agreed to construct a 1,261,980 square foot facility, make a
$166 million capital investment, maintain at least $125 million of Taxable Property, and
employ at least 350 full -time employees with at least $11 million in Annual Payroll by the end
of 2013. In consideration of the project, -the City, County, and SEDC agreed to provide a
rebate structured development incentive package. The Agreement also provided for a Sales
Tax Grant if Amazon generated at least $100 million in Project Taxable Sales.
In December 2013, Amazon identified that it had not met the employment and wage
requirements and requested Amendment No. 1. Under Amendment No. 1, Amazon was
provided two options: increase the number of jobs and wages or increase the amount of
investment at the facility. Amazon selected the Jobs Options which increased the required
minimum number of Full -Time Jobs to 380 and increased the Annual Payroll to at least. $12
million.
Amazon met the Full -Time Jobs, Annual Payroll and New Investment benchmarks but fell
short of the Taxable Property requirements. Failing to meet the Taxable Property benchmarks
result in a default of the Agreement. Because Amazon did not meet the benchmarks required
for the Property Tax Grant, the City and County are able to release the funds that have been
set aside for the 2014 Property Tax Grant.
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Amazon also failed to meet the Project Taxable Sales benchmark of $100 million by only
generating $5,148,447 in Project Taxable Sales. Because Amazon did not meet the
requirements for the Sales Tax Grant they do not qualify for the annual Sales Tax Grant for
the 2014 Calendar Year. Failing to qualify for the Sales Tax Grant does not trigger a default
of the Agreement.
The proposed amendment includes two components:
• Modification of the Annual Report and the Annual Development Incentive
Compliance and Certification Report form
• 2014 Property Tax Incentive
The previous Annual Development Incentive Compliance and Certification Report form will
be modified through Amendment No. 2 to simplify the paperwork needed to accurately report
the compliance to the Agreement and also ensure that all required information is being
reported.
Sales Tax remains a significant motivation for the City, SEDC and County. Though the
Agreement provides the ability to share sales tax proceeds through the Sales Tax Grants,
certain changes must occur by Amazon to realize the Sales Tax Grants by meeting the
minimum Taxable Sales thresholds. Amendment No. 2 requires Amazon to expedite the
changes necessary to meet the Sales Tax Grants. In consideration, Amazon may receive up to
the amount of money that would -have been received through the 2014 Property Tax Grant.
The proposed incentive will be phased over time to motivate Amazon to make the necessary
changes needed to meet the Sales Tax Grants. No changes were made to the percentages or
timing of the Grant Schedules. The incentive will be paid from excess sales tax proceeds in
the year that it is earned.
The proposed City 2014 Property Tax Incentive is valued at up to $259,298.64 and can be
earned over a period of 5 years. The incentive will be paid from sales tax proceeds in the year
that they are collected. Staff has confirmed that excess funds will be available for both the
initial Sales Tax Grant and the City 2014 Property Tax Incentive.
For illustration purposes, if the City 2014 Property Tax Incentive is earned by December 31,
2017 and Amazon creates $100 million in Project Taxable Sales the incentive structure would
look as follows:
($100 million Project Taxable Sales) * (0.01 local Sales Tax) * (70% City's portion of
the Sales Tax Grant) = $700,000 for the City. Then the City 2014 Property Tax
Incentive of $259,298.64 will be applied leaving the City with $440,701.36
This calculation ensures that the City will have sufficient funds to cover the Incentive while
ensuring that future sales taxes are collected from the Schertz facility.
Guadalupe County Commissioners will meet on September 29, 2014 to consider Amendment
No. 2 to the Economic Development Incentive Agreement. Their approval will be contingent
upon the SEDC and City Council's approval.
Vice Chair Kiser recognized Director Richard who moved, seconded by Director Morris to
approve Resolution No. 15 -R -81. The vote was 4 -1 -0, with Directors Kiser, Richard Thomas
and Morris voting for, and Director Macaluso voting no. Motion passed.
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Mayor Pro -Tern Fowler recognized Councilmember Azzoz who moved, seconded by
Councilmember Edwards to approve Resolution No. 15 -R -81. The vote was unanimous with
Mayor Pro -Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson voting for,
no one voting n. Motion Passed.
Roll Call Vote Confirmation
Deputy City Secretary Donna Schmoekel provided the roll call vote for both the Schertz Economic
Development Corporation and the Schertz City Council. Later on under the second roll call vote
confirmation the vote regarding Resolution 15 -R -81 was re -read and corrected. The above vote
confirmation from EDC is correct above.
ADJOURNMENT
3. Adjournment Special Joint Meeting.
a. City Council — Mayor Pro -Tem Fowler
Mayor Pro -Tem Fowler adjourned the Special Joint Meeting at 6:41 p.m.
b. Economic Development Corporation — Vice Chairman, Angelina Kiser
Vice Chairman, Angelina Kiser adjourned the Special Joint Meeting at 6:41 p.m.
Reconvene — City Council Regular Session
Mayor Pro -Tem Fowler reconvened back into the regular session at 6:42 p.m.
Presentation
Mayor Pro -Tem Fowler asked that all attendees this evening come up as he reads and presents the
various following Proclamations:
• Proclamation recognizing Fire Prevention Week. (Mayor /Council — D. Covington/B. Boney)
• Proclamation recognizing Domestic Violence. (D. Wait/1v1. Hansen/J. Correu/N. Solis -
Douglass)
• Proclamation recognizing National Night Out. (D. Wait/M. Hansen/J. Correu/H. Lafitte)
Workshop
• Discussion and update regarding Distracted Driving. (Item requested by Councilmember
Thompson) (D. Wait/M. Hansen)
Mayor Pro -Tem Fowler recognized Police Chief Michael Hansen who provided the Council
with the following updated information regarding distracted Drivers and answered questions
from Council:
• Cell phone ordinance was passed June 9th
• Signs were posted on July 10th, signs were those required by state law.
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Chief Hansen stated that they have had discussions about adding additional signage as
recommended by Mayor Pro -Tem Fowler. Public Works has also put out message board
signs for a month.
Chief Hansen stated that they issued a sixty (60) day grace period which began, warning only,
July — 11 warnings, August - 16 warnings, September - 8 warnings, and no citations. Officers
have noticed a reduction in visible phone usage.
Chief Hansen stated they will continue to educate through social media, meetings and will be
ordering the cell phone holders you have tonight before you. The low bid company was slow
in getting the design but we do have them on order. These will be free to the public at events
such as Jubilee, SchertzFest and will hopefully be here for National Night Out next week.
Chief Hansen stated he has met with all officers that will be involved in traffic enforcement
and stressed that this ordinance is not intended to be a citation generator. All officers seemed
to be on the same page. It is hoped that it will be something that will create self - compliance
and citations will be reserved for those times that may involve a crash or just openly
dangerous in nature.
At the conclusion of his presentation on June 16 'h, he was asked to look at possibly extending
this into a distracted driver ordinance to include things other than cell phones. He stated if he
came up with a working model he will return and present it. During the last Council meeting,
Councilman Thompson had asked for an update. He did provide Councilman Thompson with
an update two weeks ago and he asked that he present it to all of Council.
A truly distracted driver ordinance would first have to define the items that typically cause a
distraction. A distraction is being defined as engaged in an activity which takes the attention
of the eyes, hands or mind away from the safe operation of a vehicle.
Using the original data presented in the cell phone ordinance we find that the number one
cause is reaching for a falling object. This was followed closely by cell phone usage. Then
the remainder of the listed items, in order, were:
Eating and Drinking
Talking to passengers which would include disciplining children
Grooming to include application of makeup
Reading including maps
Using navigation systems; part of the reason that newer models cannot be
manipulated while the vehicle is in motion
Watching a video
Adjusting radio, CD, etc.
As a law enforcement officer, his first thought was how would an ordinance that prohibited
such behavior be written and enforced.
Just look at the top of the list with eating and drinking. Would that be all food and drink?
Would it eliminate food that could not be reasonably eaten with one hand? Only drinking
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from a container with a straw? Would we outlaw water bottles? How will this sit with those
taking long trips and traveling through our city or the local fast food vendors?
Next on the list was talking to passengers. Would we only allow communication when the
driver's head is kept within a 45 degree angle with the front of the vehicle?
As a police officer he believes there is a difference in what we did when we did not prohibit
the use of phones, just required a hands free device and what we would be doing here by
prohibiting eating, drinking and communication in a vehicle.
Chief Hansen stated in nearly 40 years of law enforcement he has tried to place everything
into an analogy of a drawn line between good and bad. Sometimes that line is solid, etched in
stone, and sometimes it is not as clear. It is his opinion that what we did with cell phones was
on the correct side of the line. He feels both professionally and personally that to carry it
forward into these other areas may be crossing that line.
Chief Hansen stated he looks at the narrow margin that passed the cell phone ordinance and
the virtual split of public opinion that we have been tracking on our social media site and
believe it demonstrates that public opinion may be in agreement that to venture into these
other areas may be too much.
It is therefore his recommendation that we keep the current cell phone ordinance intact and
unchanged at this time.
Mayor Pro -Tem Fowler and Councilmembers provided their comments regarding a distracted
driving ordinance. After the discussion Council requested Chief Hansen to come back and talk
about it again at a later date and they vacillated between wanting an ordinance vs. just a public
awareness program.
0 Discussion and update regarding Lone Star Rail. (B. James)
Mayor Pro -Tem Fowler recognized Executive Director Brian James who stated that what they
wanted to do this evening was in preparation for Lone Star Rail coming to make a more
thorough presentation later in October and staff wanted to provide council a copy of the
Interlocal Agreement between the City of Schertz and the Lone Star Rail District.
He wanted to touch on a few highpoints of how the deal is structured and how we pay our
part. We do this through the creation of a transportation infrastructure zone which is similar
to a tax increment zone or a tax increment reinvestment zone like what we have with Sedona
or Crossvine. Essentially, you define a geographic area, in this case around the station, and
the increase in property values from when you created it to the term every year, those funds,
instead of going to the general fund, would go to the Lone Star Rail District and that would
pay the operating costs. The other component of it is an estimate of the sales tax that would be
collected in that zone, the difference as well.
The way Lone Star Rail is trying to fund this is to create the zone, the additional ad valorem,
and the additional sales tax generated, which would go to pay the City's portion of operations.
The sales tax portion cannot equal more than the total amount of ad valorem. Half of the ad
valorem goes to them and then the sales tax equal to the other half. The worst case scenario is
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we could pay up to the full amount of ad valorem for the area defined as part of the TIZ. We
could pay less than that again if the estimated sales tax amounts are less than that but really
what they have done here is rather than send the city a bill each year they have taken the ad
valorem from the area. The logic is that if you create this rail station, more development of
higher value will occur that is generated by the rail station. When we updated the
comprehensive plan we defined a general area where this rail station would be and our plans
call for a higher intensity development, not typical suburban stuff. They are asking that we
enter into the agreement this year and that we create the TIZ around the end of the year or
early next year to start capturing value. A question would be why would we give them money,
when we don't have the rail stop yet. The answer is we don't; we funnel that money into an
account. The agreement says in about six years rail has to hit certain benchmarks. If they
don't hit that deadline we have the ability to pull out or we can just decide to stay in. Again,
there is not a risk to us other than the ad valorem we can't use because it goes into a special
account in the event they hit their benchmark points and are able to bring this about.
Again, we just wanted to get this agreement out to you to start reading it and the public can
start reading it as well. If anyone has questions they can call us. Lone Star Rail will be here in
a few weeks to give a more thorough update.
• Strategic Plan discussion regarding ETJ's, and possible Development Agreements. (This item
was requested by Councilmember Edwards) (B. James)
Mayor Pro -Tern Fowler recognized Executive Director Brian James who provided the
following update answering questions from Council:
During the discussion of the proposed asphalt batch plant along Old Nacogdoches Road in the
City's ETJ, Council requested Staff evaluate the need for annexation or development
agreements in this area.
In 2010 and 2011 the City entered into a number of development agreements and annexations
with property owners in the City's ETJ.
• In general, the agreements allow the City to annex the properties if the use changes or
in 10 years.
• With the exception of properties in southern Schertz along Schaefer Road, most of the
land in the City's ETJ not covered by a development agreement is in northern Schertz.
Areas of Northern Schertz Not Covered by Development Agreements
• Most of the areas not covered by a development agreement are north of the rail lines
and are designated for Agricultural Conservation, or
• South of Green Valley Road and are designated for Agricultural Conservation
By annexing properties Cities can:
• Control the development of property through zoning.
• Require conformance with building codes and city regulations.
• Collect taxes.
Cities must provide:
• City services such as police and fire protection.
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• Trash collection.
Development Agreements
• Allow cities to agree to delay annexation unless the use of the property changes
• Establish a timeline for future annexation -
• Discussion regarding rules and policy regarding placement of political signs on public and/or
private property. (Item requested by Councilmember Edwards) (D. Wait)
Mayor Pro -Tem Fowler recognized Executive Director Dudley Wait who stated they have
consulted with our city attorney regarding this subject regarding the placement of political
signs around the city. They recently reviewed the city's current sign ordinance as well as
some recent supreme court decisions that have clarified signage as free speech. As a result
they gave two directives to staff regarding political signs: 1) If any political sign is placed on
city property, staff first verifies that the property is indeed city property, removes it and brings
it back to city hall. Staff then contacts the candidate and offers them the opportunity to come
pick it up. 2) Signs that are placed in an area that could potentially create a hazard to public
safety. An example is a sign that blocks the normal view of traffic at an intersection. Code
enforcement staff will go out and evaluate the situation. They won't go on private property to
evaluate the situation but will do it from the public roads and right of ways. If it is determined
to be a hazard they will contact the property owner and advise them of how to possibly correct
it but leave it up to that property owner to make those adjustments on their property.
Mayor Pro -Tem Fowler recognized Councilmember Edwards who asked if the signs were in
entries and city parks, is that not allowed? Mr. Wait replied that city staff will remove them.
Regarding private property, common courtesy would indicate that permission should be
obtained from the property owner to avoid any trespassing issues. He reiterated that staff will
always verify if the property is city owned or privately owned.
Mayor Pro -Tem Fowler recognized Councilmember John who stated he has been getting a lot
of calls about candidates putting signs on private property without asking permission from the
owner(s) and he thinks we need to do something to address this.
Mayor Pro -Tem Fowler recognized Councilmember Thompson who stated he doesn't know if
it is constitutional or not but he has heard enough complaints that he would like to see council
adopt a revision to the Code of Ethics for the City Council and ask all future candidates
running in an election to sign it; and that no political signs will be used in the next election -
period. That would save money for every candidate and many homeowners would probably
appreciate that. It might also force the candidates to get out and meet the public. Mayor Pro -
Tem Fowler suggested he bring that up later during Item 9 - Requests by Mayor and
Councilmembers that items be placed on a future City Council agenda. Councilmember
Thompson stated he would.
Councilman Azzoz stated candidates should simply be responsible and ask permission from
private, property owners.
Consent Agenda Items
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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.
1. Minutes - Consideration and/or action regarding the approval of the minutes of the Joint and
Regular Meeting of September 15, 2015. (B. James/B. Dennis)
2. Resolution No. 15 -R -82 — Consideration and/or action approving a Resolution authorizing
EMS Debt Revenue Adjustments for certain inactive outstanding accounts receivables. (D.
Wait/J. Mabbitt)
The following was read into record:
RESOLUTION NO. 15 -R -82
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING EMS DEBT REVENUE ADJUSTMENTS FOR INACTIVE
OUTSTANDING ACCOUNTS RECEIVABLES AFTER 180 DAYS OF NON
PAYMENT AND OTHER MATTERS IN CONNECTION THEREWITH
3. Resolution No. 15 -R -83 - Consideration and/or action approving a Resolution authorizing
Utility Billing Debt Revenue Adjustments for certain inactive outstanding accounts
receivables. (D. Wait/C. Spence)
The following was read into record:
RESOLUTION NO. 15 -R -83
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING UTILITY BILLING DEBT REVENUE ADJUSTMENTS FOR
INACTIVE OUTSTANDING ACCOUNTS RECEIVABLES AFTER 180 DAYS OF
NON PAYMENT AND OTHER MATTERS IN CONNECTION THEREWITH
4. Resolution No. 15 -R -85 — Consideration and/or action approving a Resolution authorizing
the Schertz/Seguin Local Government Corporation (SSLGC) Budget Amendment for Fiscal
Year 2014 -15 in the Amount of $126,402 for the Vacuum Truck. (D. Wait/S. Willoughby /A.
Cockerell)
The following was read into record:
RESOLUTION NO. 15 -R -85
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING THE SCHERT /SEGUIN LOCAL GOVERNMENT CORPORATION
(SSLGC) BUDGET AMENDMENT FOR FISCAL YEAR 2014 -15 IN THE AMOUNT
OF $126,402 FOR THE VACUUM TRUCK, AND OTHER MATTERS IN
CONNECTION THEREWITH
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Mayor Pro -Tern Fowler recognized Councilmember Edwards who moved, seconded by
Councilmember Azzoz to approve the consent agenda items 1 -4. The vote was unanimous
with Mayor Pro -Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson
voting for and no one voting no. Motion passed.
Discussion and Action items
5. Resolution No. 15 -R -84 — Consideration and/or action approving a Resolution amending
Ordinance 15 -M -25 Fee Schedule regarding Food Booths and Mobil Food Establishments. (D.
Wait/D. Covington)
The following was read into record;
RESOLUTION NO. 15 -R -84
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING ORDINANCE 15 -M -25 FEE SCHEDULE REGARDING FOOD
BOOTHS AND MOBILE FOOD ESTABLISHMENTS, AND OTHER MATTERS IN
CONNECTION THEREWITH
Mayor Pro -Tem Fowler recognized Fire Chief David Covington who stated City Departments
collect a wide variety of fees for permits, services, fines and other charges that are all part of
the everyday operations of municipal government. The fee schedule adopted August 18, 2015
contained new fees to be collected by the Fire Department. Two of those fees required further
clarification to be properly administered.
A food booth fee was intended to require an individual to comply with certain fire safety rules
when operating cooking appliances at events. Since a food booth is created anew at each
event, this inspection is performed for every food booth at every event. The fee is more
appropriately defined as "per booth, per event ".
A mobile food establishment is a food truck or trailer that has cooking appliances onboard.
Since these cooking appliances are incorporated into the design of the truck or trailer, it is
unnecessary to require an inspection every time the truck or trailer operates. Therefore the
standard inspection frequency is once per year. The fee is more appropriately defined as
"annually ".
This resolution will amend the fee schedule to provide a more transparent definition of certain
fees that affect events and food providers within the City of Schertz, providing a safer
environment for the public.
The attached resolution amends City code which details the fees by department and discloses .
the existing and proposed rates for each type of service. These proposed rate changes will be
effective October 15, 2015, excluding the Garbage Rates which will be effective January 1St,
2016. Staff recommends this Ordinance be approved.
Council approved Appendix C of the City Code, containing the Schedule of Fees, on final
reading at their meeting of August 18, 2015. The fees are minimal and intended for the
primary purpose to establish a required inspection when vendors are operating cooking
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appliances in the vicinity of the public. The fiscal impact to the vendors is not expected to
have an adverse impact on the vendor's operation. Staff recommends the City Council
approve Resolution No. 15 -R -84, amending Appendix C of the Code of Ordinances, Schedule
of Fees.
Mayor Pro -Tem Fowler recognized Councilmember Azzoz who moved, seconded by
Councilmember Edwards to approve Resolution No. 15 -R -84. The vote was unanimous with
Mayor Pro -Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson voting
for and no one voting no. Motion passed.
6. Resolution No. 15 -R -76 — Consideration and/or action approving a Resolution authorizing a
Professional Services Agreement with Cobb, Fendley & Associates, Inc., relating to
engineering design services for the Woman Hollering Creek Wastewater Line Project. (B.,
James/K. Woodlee)
The following was read into record:
RESOLUTION NO. 15 -R -76
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH COBB,
FENDLEY & ASSOCIATES, INC., RELATING TO ENGINEERING DESIGN
SERVICES FOR THE WOMAN HOLLERING CREEK WASTEWATER LINE
PROJECT, AND OTHER MATTERS IN CONNECTION THEREWITH
Mayor Pro -Tem Fowler recognized City Engineer Kathy Woodlee who stated the City of
Schertz desires to construct a sanitary sewer system to collect and convey wastewater to the
future Cibolo Creek Municipal Authority (CCMA) water reclamation plant to be constructed
off of Trainer Hale Road in southern Schertz. The system will consist of a gravity wastewater
line from the existing lift station at the Sedona Subdivision at FM 1518 near the Woman
Hollering Creek, approximately 11,500 feet to the intersection of Woman Hollering Creek and
the IH 10 right -of -way, a new lift station, and approximately 6,000 feet of force main from the
lift station to the CCMA plant. The project will also include an additional gravity line
approximately 1,500 feet in length along an unnamed tributary of Woman Hollering Creek
that will connect to the primary gravity main. This system will provide the initial wastewater
flow to the new CCMA plant and is necessary for the plant to begin operation and allow the
existing Woman Hollering Lift Station at Sedona to be taken out of service.
The City is ready to move forward with the Engineering and Design phase of the project.
This phase will include a route analysis, survey, easement acquisitions, environmental
investigation, geotechnical investigation, and construction design. The scope of work for the
Engineering and Design Agreement also includes bid and construction phase services.
On July 7, 2014, City Council approved On Call Engineering Contracts with four Engineering
Firms; Ford Engineering, Pape Dawson, LAN, and Cobb Fendley for the engineering and
design of various projects in the City of Schertz. Based on qualifications, experience, and
history of the project, staff recommends hiring Cobb, Fendley & Associates, Inc., to complete
the Engineering and Design services for the Woman Hollering Creek Wastewater Line
Proj ect.
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Woman Hollering Creek Wastewater Line Project Budget
Engineering and Design Services
$ 589,850
�
Legal
$ 5,000
Advertising
$ 1,000
Other Prof. Services
$ 5,000
Contingency
$ 60,000
Easement Acquisition Prof. Services
$ 183,300
Easement Acquisition
$ 150,000 (Estimated, Excludes Condemnation)
Construction
$4,496,274 (Estimated)
Construction Contingency
$ 450,000
Project Total
$5,940,424
This Resolution will allow the City to secure the engineering services necessary for bidding of
the project construction of the Woman Hollering Creek Wastewater Line Project. Based on
qualifications, experience, and history of the project, staff recommends hiring Cobb, Fendley
& Associates, Inc., to complete the Engineering and Design and Easement Acquisition
Professional Services for the Woman Hollering Creek Wastewater Line Project for a cost of
$773,147.40.
The project costs, including Engineering and Design, will be funded with a combination of
Capital Recovery and Certificates of Obligation Funds/Water Revenue:
Capital Recovery: $2,940,424 (Estimated)
Certificates of Obligation: $3,000,000
Staff recommends Council approval of Resolution 15 -R -76. Ms. Woodlee addressed several
questions from Council.
Mayor Pro -Tem Fowler recognized Councilmember Edwards who moved, seconded by
Councilmember Thompson to approve Resolution No. 15 -R -76. The vote was unanimous
with Mayor Pro -Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson
voting for and no one voting no. Motion passed.
7. Ordinance No. 15 -C -20 — Conduct a public hearing and consideration and/or action
approving an Ordinance amending the Code of Ordinances of the City of Schertz Chapter 18,
Buildings and Building regulations. First Reading (B. James/M. Sanchez/G. Durant)
The following was read into record:
ORDINANCE NO. 15 -C -20
AN ORDINANCE BY THE CITY COUNCIL. OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ
CHAPTER 18, BUILDINGS AND BUILDING REGULATIONS BY REPEALING
EXISTING INTERNATIONAL CODES AND ADOPTING NEW INTERNATIONAL
CODES; PROVIDING FOR A PENALTY
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Mayor Pro -Tern Fowler recognized Permit Expeditor Michelle Sanchez who provided the
following information from her PowerPoint presentation.
Adoption of International Building Codes
Update building codes from the 2006 to the 2012 codes including supplements.
National Electrical Code 2014
Energy Conservation Code 2009
Manual of Cross Connection Control
International Fire Code was adopted August 4.
Public input was much greater with the adoption of these codes.
Staff worked with various interest groups
Schertz Chamber
Planning & Zoning Commission
Economic Development Corporation
Builders
Architects & Engineers
Home Owners Associations
Greater San Antonio Builders Association
Design Professional
Omitted the requirement for a design professional to seal the mechanical, plumbing
and electrical plans for residential and commercial construction.
Maintained the standard design professional requirement provided for in the IBC and
IRC, respectively
Foundation
Wind Bracing
Maintained that a design professional is required for all Assembly, Educational and
Institutional construction projects.
Foundations
Added that a representative of the design engineer may perform the pre -pour
inspection and be present during placement of the concrete for both residential and
commercial construction.
Added that a surveyor or engineer may provide the confirmation letter on rough
grading of the lot after form removal or after final tendon stressing if the slab is a post -
tension slab.
Sound Transmission Standards
Clarified that habitable spaces located within the 65 dBA have two options for
achieving attenuation.
Added that the builder may provide a letter of compliance prior to issuance of the
Certificate of Occupancy if attenuation is achieved using approved construction
materials.
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• Work exempt from permit
Shed /accessory structures 120 square feet or less
Siding and Arbors
Replacement fences
• Exception
If a concrete foundation is being built for the shed, accessory structure or arbor; and
Flood hazard areas
Mayor Pro -Tem Fowler opened the public hearing and recognized the following:
• Mr. Jim Leonard, representing the Greater San Antonio Builders Association
(GSABA). He thanked Brian James, Michelle Sanchez and Gil Durant as a few of the
many people who contributed to this ordinance draft (version #15). He stressed that
even with the emphasis and shift towards allowing inspector representatives to be
present for concrete pours in lieu of the design engineers themselves, this does not
represent a reduction in quality as these inspectors are fully certified and accredited to
perform this task. He further stated they intend to continue holding quarterly meetings
with building staff and members from other cities to get their ideas and perspectives.
He supports this currently submitted draft ordinance.
• Mr. Greg Asbestos, 12930 Country Ridge, San Antonio, who thanked everyone who
worked on this ordinance. He said they came forward to the city as advocates, not
adversaries and as instruments not obstacles. He feels they crafted a workable
ordinance for the community, homeowners, the city, development staff, inspection
group, builders, and the GSABA members. They committed to education, especially in
the area of pouring concrete, including getting good concrete. In fact, they sponsored a
class for the American Concrete Institute prior to the certification for members to
become certified as Level I Concrete Inspectors. One of the city's newest inspectors
attended that class recently. They support the ongoing work, meetings and working
relationships that have been created with city staff, and builders.
• Mr. David Richmond, who echoed what the previous speakers said and commended
various members of city staff for their work, in particular bringing together such a
diverse group in order to resolve their differences. While he thinks the end product
will serve us well he still remains cautious about having exceptions to the permitting
process. Any encroachment on this process opens the door for others and small
exceptions usually grow to larger ones. He asked council to carefully consider that one
portion in the draft ordinance (adherence to the permitting process) which he feels has
pleased residents overall rather than alienated them, which suggests an above standard
quality of work being provided. The overall document is outstanding, but feels he has
to caution them about the opening of that door to granting permit exceptions.
• Mr. Ken Greenwald, 205 Westchester, who echoed a lot of what David Richmond
said. He thanked the builders, staff and everyone else for their input into this
document. He feels the permit exceptions for the fences and sheds is a step in the
wrong direction. He questioned the sound judgement of `like for like' projects. Permits
are not meant to make money, but rather to keep our citizens safe. He has a very bad
aversion to `excepting' that process.
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Mayor Pro -Tern Fowler closed the public hearing for Council comments.
Ms. Sanchez remained available to answer questions and listened to subsequent discussion
from councilmembers regarding that portion of the proposed ordinance exempting permits
pertaining to like- for -like projects such as fences. Discussion continued regarding pre -built
sheds versus those built from the ground up, dangers surrounding digging in the ground and
hitting gas or water lines and the overall goal of the permitting process which is to have
continuity and encourage compliance to build a quality structure on their properties.
Councilmember Azzoz made a motion to pass Ordinance No. 15 -C -20. After a few more
comments from council, Councilmember Thompson asked Councihember Azzoz to amend
his motion so that they could pass all the portions of the building code tonight except `like-
for -like building projects; then the builders can move on with the foundations and other
problems presented and we can reserve that one portion for future discussion.
In response to Councilmember John's concern regarding the requirement of having a design
engineer's representative /inspector onsite at concrete pours, Mr. James stated the reason for
having this provision is in response to past complaints from residents who reported there was
a bit of finger pointing as to the causes; therefore, this is to eliminate that from happening in
the future and the resident can look to the engineer for answers.
Mayor Pro -Tern Fowler recognized Councilmember Azzoz who stated he has researched this
like- for -like item and he does not think it is that big of an issue. He made a motion to approve
Ordinance No. 15 -C -20. As there was no second the motion failed.
Mayor Pro -Tern Fowler asked if there was a requirement to obtain a permit for projects that
needed holes dug in the ground. Ms. Sanchez stated while there was no city permit required
for digs, it was advisable for residents /contractors to call for locates via a 1 -call phone number
that they could retrieve information from regarding telephone, cable, electrical and gas lines;
water and sewer inquiries go directly to our Public Works Department and they will send out
a locator. However, there is no such thing as a Dig Permit issued by the City of Schertz.
Mayor Pro -Tern Fowler recognized Councilmember Thompson who moved to approve
Ordinance No. 15 -C -20 with the exception of the like- for -like portion and bring that back for
discussion at a later time.
Mayor Pro -Tem Fowler recognized Executive Director Brian James, who stated, for clarity,
what you are asking for is with regard to the exception for permits for sheds under 120 square
feet, replacement of fences, siding and arbors. We would eliminate the proposed change and
stay with the existing building code requirements for a permit and bring that particular part
back for future discussion. Mr. James said to further clarify, the sections in the code we are
talking about are in regard to the International Residential Code, page 24, R1052, Work
Exempted from a Permit, Sections 8 and 9, Accessory Structures under 120 square feet. It is
replacement of fences and siding as well as arbors. What is proposed is that they would not
require a permit; the motion is to maintain the `current' code provisions that require permits
for those particular things and to address them again at a later date.
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Mayor Pro -Tem Fowler recognized Councilmember Thompson who moved, seconded by
Councilmember Edwards to approve Ordinance No. 15 -C -20, with the exception of the
portion of the Residential Code referencing accessory structures under 120 square feet, sheds,
replacement fences, siding and arbors in each section of the IBC and IRC; pages 9 and 23,
Items 8 and 9, and bring that portion back at a later date for discussion. The vote was
unanimous with Mayor Pro -Tem Fowler, Councilmembers Azzoz, John, Edwards and
Thompson voting for and no one voting no. Motion passed.
Roll Call Vote Confirmation
Mayor Pro -Tem Fowler recognized City Secretary Brenda Dennis who asked to go back to
Resolution No. 15 -R -81 as there was an error in the roll call confirmation. The following was
recapped:
Director Richard moved, seconded by Director Morris to approve Resolution No. 15 -R -81.
The vote was 4 -1 -0, with Directors Kiser, Richard Thomas and Morris voting for, Director
Macaluso voting no. Motion passed.
Mayor Pro -Tem Fowler recognized Deputy City Secretary Donna Schmoekel who provided the roll
call vote confirmation for agenda items 1 through 7.
Requests and Announcements
8. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
Mayor Pro -Tem Fowler recognized Executive Director Brian James who thanked the
members of city staff who pulled the agenda together last week as well as the items and
presentations for this evening.
9. Requests by Mayor and Councilmembers that items be placed on a future City Council
agenda.
Mayor Pro -Tem Fowler recognized Councilmember Thompson who requested adding to a
future event a provision to the Ethics Code of Conduct for Elections that all candidates would
sign a statement saying that any posted sign in the City of Schertz can only be put up with the
express permission of the property owner. Proof of permission must be produced if requested,
and if not produced, the sign must be removed; and that all candidates for the election be
asked to sign that. This item is to be put together by staff's convenience and brought back.
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
9 -29 -2015 Minutes Page - 18 -
• Recognition of actions by City employees
• Recognition of actions by community volunteers
• Upcoming City Council agenda items
Mayor Pro -Tern Fowler recognized Councilmember Azzoz who stated he is working on two
annual upcoming events; the Lions Club Fish Fry and Auction in Garden Ridge and the
Thanksgiving luncheon he hosts each year for the homeless which benefits the Hope Center,
New Braunfels Women's Shelter, Sam's Shelter and more.
Mayor Pro -Tem Fowler recognized Councilmember Edwards who thanked everyone who put
on the recent Schertzfest. He also attended the Texas Municipal League (TML) Conference in
San Antonio and was glad to see several staff members attending and taking advantage of the
various opportunities for learning. He thanked Walker Partners for the dinner they provided.
Mayor Pro -Tem Fowler recognized Councilmember Thompson who said he attended the
Investment Committee meeting and was impressed with Senior Budget Analyst James Walters
ability to pull together very complex issues and easily summarize the information for
everyone in attendance.
Mayor Pro -Tem Fowler stated he also attended the TML Conference in San Antonio and
attended a session about `Understanding Your City'. It made him ask himself, do we really
understand where our city is and what they like? He was entertaining the thought of maybe
doing a survey in our city and ask what they like and where they want to see us go. Maybe
every 10 years or so we can do an inquiry of the citizens and let the people tell us what they
see out there that maybe we are missing.
Executive Session
Mayor Pro -Tem Fowler recessed the regular meeting at 8:45 p.m. into Executive Session.
11. City Council will meet in closed session under section 551.074 Evaluations of the City
Secretary and Deputy City Secretary.
Reconvene into Regular Session
Mayor Pro -Tem Fowler reconvened into Regular session at 9:50 p.m.
1 la. Take any necessary action based on discussions held in closed session under Agenda item
number 11 including possible increase in salary.
Mayor Pro-Tern Fowler recognized Councilmember Azzoz who moved, seconded by
Councilmember John to approve a 2% salary increase for the City Secretary and the Deputy
City Secretary. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers
Azzoz, John, Edwards and Thompson voting for and no one voting no. Motion passed.
Mayor Pro-Tern Fowler recognized Councilmember Edwards who asked when the effective
date for the salary increase was. Councilmember Azzoz stated, `immediately'. Executive
9 -29 -2015 Minutes Page -19 -
Director Brian James stated, for clarity, could it be effective for the current pay period.
Councilmember Azzoz answered yes.
Mayor Pro -Tern Fowler recognized Councilmember Azzoz who restated his motion and
moved, seconded by Councilmember John to approve a 2% salary increase for the City
Secretary and the Deputy City Secretary effective the next pay period. The vote was
unanimous with Mayor Pro -Tem Fowler, Councilmembers Azzoz, John, Edwards and
Thompson voting for and no one voting no. Motion passed.
Roll Call Vote Confirmation
Mayor Pro -Tem Fowler recognized Deputy City Secretary Donna Schmoekel who provided the roll
call vote confirmation for agenda item 11 a.
Adiournment
Mayor Pro -Tem Fowler adjourned the meeting at 9:55 p.m.
VMay-or ro -Tem Jim Fowler
ATTEST:
Brenda Dennis, City ecretary
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