12-01-2015 MinutesMINUTES
REGULAR MEETING
December 1, 2015
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on December
1, 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 Grumpy Azzoz
Councilmember Cedric Edwards
Staff Present:
Executive Director Brian James
Executive Director Bob Cantu
City Secretary Brenda Dennis
Call to Order — City Council Regular Session
Mayor Pro -Tem Fowler
Councilmember Daryl John
Councilmember Robin Thompson
City Manager John Kessel
Executive Director Dudley Wait
City Attorney Daniel Santee
Mayor Carpenter called the meeting to order at 6:45 p.m.
Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas.
(Reverend Linda Montgomery, Schertz United Methodist Church)
Reverend Linda Montgomery 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 Carpenter recognized Executive Director Dudley Wait who provided the following
announcements:
• Wednesday, December 2, Visions of Santa, 6:30pm — 8:30 pm Schertz Civic Center.
Meet renowned artist Billy Keen for the unveiling of the 2015 Santa. A free exhibit
featuring all of Billy Keen's Santa art work will be on display M -F, 8 -5 December 2nd
through December 30th.
• Thursday, December 3, Executive Staff Not in Office — Attending Team Building
Retreat
• Friday, December 4, City Council Team Building Retreat, 8:00 a.m. -4:00 p.m. GVEC
Operations Center, 6400 IH 10 West. Please respond your attendance to the City
Secretary's Office.
• Friday, December 4, Festival of Angels -- Parade, Food, Beverages, Music, Family Fun,
starts at 6:00 -10:00 p.m. at the Hal Baldwin Municipal Complex 1400 Schertz Parkway.
• Tuesday, December 8, City employee holiday luncheon, 11:00 a.m. -1:00 p.m. Schertz
Civic Center Ballroom.
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• Thursday, December 10, Schertz - Cibolo- Universal City ISD, Combined Community
Advisory Meeting, 6 -8 p.m., Meeting will be held in the SCUCISD Board Room. At this
meeting they will have the annual demographer's public report as well as an opportunity
to provide feedback on upcoming changes to the 10 -year Facility Master Plan and the 10-
year Expenditure Projection Plan. The meeting will be held in the SCUCISD Board Room.
Please contact the City Secretary if you are interested in attending.
• Announcements and recognitions by City Manager (J. Kessel)
Mayor Carpenter recognized City Manager John Kessel who stated he wanted to provide a
shout out to Lt. Carl Schultz and Firefighter Patricio Wilson who were part of a crew who
went up to the Hidden Pines Fire in Bastrop County. Mr. Kessel stated that since then State
Representative John Cyrier sent a certificate to the Schertz Fire Department recognizing their
great contributions, time, and services.
Presentation
Presentation and update from the Alamo Area Council of Governments ( AACOG) (B.
James /Gloria Vasquez)
Mayor Carpenter recognized AACOG Regional Services Director Gloria Vasquez who
provided a Power Point presentation regarding meeting regional challenges and creating
regional strengths. Some of the highlights included:
Mission: To enhance the quality of life of all residents of the Alamo Region in partnership
with elected and appointed officials, fenders, community partners, and beneficiaries.
Core Values: Performance with Integrity, Commitment to Excellence, Service before self,
Culture of appreciation. Together we succeed.
AACOG Programs:
• Alamo Local Authority (Bexar County) (Provides the community services and
supports for eligible adults and children with intellectual and developmental
disabilities and their Families.
• Alamo Regional Transit (Rural) (Are here to meet your transportation needs in the
rural counties —Dispatch 1- 866 - 899 -7433
• Area Agencies on Aging — Alamo & Bexar — Dedicated to supporting residents 60
years and older
• Air Quality/Natural Resources — Air quality technical projects; encourage participation
to reduce pollution; air quality health alert
• Public Safety — The Alamo Area Regional Law Enforcement Academy; Criminal
Justice Planning, Homeland Security; Regional 911
• Regional Services — Economic & Community Development; Leadership Development
• Resources Recovery — Solid Waste — Each year, AACOG provides Texas Commission
on Environmental Quality (TCEQ) funding for local government projects including:
Educational outreach efforts; household hazardous waste (HHW) collections; local
illegal dumping enforcement; recycling, source reduction; solid waste studies.
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Weatherization Assistance — Caulking and sealing racks and holes; weather stripping
of doors and windows, CFL's, Repairing and/or replacing windows and exterior doors,
insulating attics and walls — Program is designed to help low - income households to
overcome the high cost of energy, by installing energy conservation measures.
Lastly, AACOG Service area: 12,582 Square miles —region population over 2 million.
Ms. Vasquez addressed questions from Council. Mayor and Council thanked Ms. Vasquez for
the update.
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 Carpenter recognized the following who spoke:
Mrs. Maggie Titterington, Schertz Chamber President who provided an update regarding
the Chambers past and upcoming Chamber events.
Workshops
Mayor Carpenter moved to the workshop discussion regarding the Schertz Chamber of Commerce
Funding.
• Discussion regarding the Schertz Chamber of Commerce Funding. (Item requested by Mayor
Carpenter and Councilmember Azzoz) (Continuation from the November 17, 2015 Council
meeting)
Mayor Carpenter recognized Councilmember Azzoz who asked that they postpone discussion
of this item until next week as they had just received additional information and he has not
had time to review it.
Discussion regarding the City Council's Rules of Conduct and Procedure to include
discussion regarding procedures of excusing Council absences. (Item requested by Mayor
Carpenter)
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Mayor Carpenter stated that in light of the passage of the proposed changes to the charter by
the voters at the most recent city election the council should discuss how to proceed with one
of those changes which is excusing absences of Councilmembers and set procedures.
After much discussion, Council requested that if a member of Council is going to be absent
(from regular meetings of Council as defined on our master calendar) that they notify the City
Secretary or Mayor by email (so there is a written record) or a phone call to both and we can
put something in the record that reflects the notification of absence and the reason for the
absence. The minutes of that meeting will reflect those present and absent, and by Council
approving those minutes, they excuse the absence of that Councilmember that was noted as
being absent and if there were any objections to the absence then it could be brought up and
put on a future agenda item for debate. Council asked the City Attorney to draft some
language covering the procedures for Council to follow in providing notice that they will not
be at a Council meeting.
Discussion regarding Pay Day Loans. (Item requested by Councilmember Thompson) (B.
James)
Mayor Carpenter recognized Executive Director Brian James who stated earlier this year
Councilman Thompson requested a work session item to discuss how cities are regulating
payday lenders.
In August of 2015 a story appeared in the San Antonio Business Journal indicating that a
number of payday lenders were closing their San Antonio locations as a result of San
Antonio's more stringent regulations on payday lenders. This could lead to payday lenders
moving to nearby cities without regulations.
In September 2012, San Antonio passed an ordinance that went into effect on January 1, 2013.
• Ordinance 2012 -09 -20 -0379 addresses the registration and oversight of credit access
businesses (CAB) that provide payday loans and/or auto title loans to consumers. San
Antonio's Finance Department administers the program.
The Ordinance:
• requires CABs to register with the City ($50 fee);
• limits payday loans to 20% of the borrower's gross monthly income;
• limits auto title loans to the lesser of 3% of the borrower's gross monthly income or
70% of the vehicle value;
• limits loans to no more than 4 installments or 3 rollovers (a rollover is an extension of
consumer credit within 7 days of the previous extension of credit);
• requires that proceeds from each installment or renewal reduces the loan principal by
25 %;
• requires that each contract be written in a language the borrower can understand or that
it be read to any borrower who cannot read;
• requires the lender provide the borrower a form created by the city which references
non - profit agencies that provide financial education and assistance programs.
• The Texas Municipal League (TML) has provided a sample ordinance that is very
similar to San Antonio's.
• Over 25 cities have passed ordinances regulating payday lenders including Austin,
Balcones Heights, Dallas, Houston, San Antonio,l Seguin, and Universal City.
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• The Waco City Council has recently been urged by some residents to regulate payday
lenders.
• The State legislature has considered regulations for CABs in the past but has not
passed overarching regulations.
Ongoing Litigation
• Litigation is currently pending regarding municipal regulations of payday lending
facilities in a number of cities, including San Antonio.
• An internet search indicates there are two payday lenders operating in Schertz:
Ace Cash Express and Advance America, both located at FM 3009 and IH -35.
Mr. James stated that the recommendation from staff is to continue to monitor this and to
provide council with continued updates. Members of Council asked staff to do a bit more
research, try to get copies of contracts from local payday lenders, contact Randolph, talk to
COSA about a process of enforcement, etc., and come back to Council with another work
session item in January.
• Discussion regarding setting dates for the December City Council meetings due to the
holidays.
Mayor Carpenter recognized City Secretary Brenda Dennis who stated that since the City has
published a notification for public hearing to occur on December 15, 2015, she recommends
Council hold a regular meeting on that date and as has been practice in the past, that Council
consider cancelling the December 22nd, and December 29t meetings due to the holidays.
Council concurred and requested an item be placed on the next agenda for approval.
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.
1. Minutes - Consideration and/or action regarding the approval of the minutes of the Special
Meeting of November 16, 2015, and Regular Meeting of November 17, 2015. (J. Kessel/B.
Dennis)
2. Ordinance No. 15 -M -40 — Consideration and/or action approving an Ordinance ordering
and declaring the 2015 Charter Amendments Adopted. Final Reading (B: Dennis /C. Zech)
The following was read into record:
ORDINANCE NO. 15 -M -40
AN ORDINANCE OF THE CITY OF SCHERTZ, TEXAS, ORDERING AND
DECLARING THE 2015 CHARTER AMENDMENTS ADOPTED.
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3. Ordinance No. 15 -M -41 — Consideration and/or action approving an Ordinance adopting
criminal penalties for violation of the City Charter. Final Reading (B. Dennis /C. Zech)
The following was read into record:
ORDINANCE NO. 15 -M -41
AN ORDINANCE OF THE CITY OF SCHERTZ, TEXAS, ADOPTING CRIMINAL
PENALTIES FOR VIOLATION OF THE CITY CHARTER.
Mayor Carpenter recognized Councilmember Edwards who moved, seconded by
Councilmember John to approve consent agenda items 1, 2, and 3.
Mayor Carpenter recognized Mayor Pro -Tern Fowler who stated he had a comment that leads
him to want to see Council also take action to codify some language in Item No. 3 for clarity.
More discussion continued by Mayor and Council. City Secretary Brenda Dennis reminded
Council that this was a consent item and if they wanted to continue discussion it should be
pulled from the consent section. Councilmember Edwards withdrew his motion and Mayor
Carpenter pulled Item 3 for separate discussion.
Mayor Carpenter recognized Councilmember Edwards who moved, seconded by
Councilmember Thompson to approve consent agenda items 1 and 2. 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
3. Ordinance No. 15 -M -41 — Consideration and/or action approving an Ordinance adopting
criminal penalties for violation of the City Charter, Final Reading (B. Dennis /C. Zech)
The following was read into record:
ORDINANCE NO. 15 -M -41
AN ORDINANCE OF THE CITY OF SCHERTZ, TEXAS, ADOPTING CRIMINAL
PENALTIES FOR VIOLATION OF THE CITY CHARTER.
Mayor Carpenter returned to Item 3 and accepted further discussion by council. Mayor Pro -
Tem Fowler's concern was if someone is found in violation of the charter and it is a criminal
situation, does that mean it goes to a court to be resolved? City Attorney Daniel Santee stated
it depended on the type of charge and if it violates state law as well as the charter provisions;
then, of course it would be more serious. Mayor Pro-Tern Fowler restated his original
concern that the language in the charter says `any' or `anything' could become a criminal
offense. He assumes council would have to do an internal investigation first, which would
mean going into an executive session. He thinks this terminology needs to be clearer.
Councilmember Edwards suggested Charter Review Commission Member Bert Crawford,
who was in the audience, might be able to come forward and shed some light on what the
committee's intent was with this section. Mr. Crawford stated from what he recalls, the
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committee mostly followed very closely in accordance with what the Texas Local
Government Code said for any kind of resolution. He believes they agreed on `no executive
session' because if a charge was made against a councilman, it should be in a public forum.
They used the Texas Local Government Code as their guideline.
Councilman Azzoz asked City Attorney Daniel Santee if it was true that they (council) could
not make any change to what the voters passed. He confirmed that as true. He said he
believes what the discussion here is about is whether or not council can do anything to further
clarify what you believe the intent was.
Mayor Carpenter stated that passing this tonight is ministerial; we must do this by state law.
We need to do that this evening and then have something put on a future agenda for
discussion and have City Attorney Charles Zech walk them through both his recollection and
from his notes of the Charter Commission meetings and how he would see this all play out.
From what he has read it appears to him there is a section that says there is one that would be
dealt with by a court (as to a criminal penalty) and a civil penalty that would be dealt with by
the council (2/3 vote by city council).
Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Mayor Pro -
Tem Fowler to approve Ordinance No. 15 -M -41 final reading. The vote was unanimous with
Mayor Pro -Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson voting
for and no one voting no. Motion passed.
4. Resolution No. 15 -R -100 — Consideration and/or action approving a Resolution casting
votes to elect Directors for the Comal County Appraisal District for the 2016 -2017
Term. (B. Dennis/Mayor & Council)
The following was read into record:
RESOLUTION NO. 15 -R -100
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS CASTING VOTES TO ELECT DIRECTORS FOR THE COMAL
COUNTY APPRAISAL DISTRICT FOR THE 2016 -2017 TERM.
Mayor Carpenter stated that staff recommends splitting the 68 votes equally among the
following candidates:
• Wade Cleary
• Dan Kruegar
• John Kuntz
• Randy Maschek
• Nancy Pappas
• Dennis Rather
Council Concurred.
Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Mayor Pro -
Tem Fowler to approve Resolution No. 15 -R -100 splitting their 68 votes equally among the
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six candidates. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers
Azzoz, John, Edwards and Thompson voting for and no one voting no. Motion passed.
5. Resolution No. 15 -R -101 — Consideration and /or action approving a Resolution casting
votes to elect Directors for the Guadalupe County Appraisal District for the 2016 -2017
Term. (B. Dennis/Mayor & Council)
The following was read into record:
RESOLUTION NO. 15 -R -101
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS CASTING VOTES TO ELECT DIRECTORS FOR THE GUADALUPE
COUNTY APPRAISAL DISTRICT FOR THE 2016 -2017 TERM.
Mayor Carpenter mentioned that the City has 276 votes which they can split among the five
candidates or cast all votes toward one. Councihnember Edwards stated that Mr. Edward
Finley has been doing a great job for the School district and recommends casting all the votes
toward him. Council concurred to cast all 276 votes to Mr. Edward L. Finley, Jr.
Mayor Carpenter recognized Councilmember Edwards who moved, seconded by
Councilmember Thompson to approve Resolution No. 15 -R -101 casting all 276 votes for Mr.
Edward L. Finley, Jr. 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 -102 — Consideration and/or action approving a Resolution casting
votes to elect Directors for the Bexar County Appraisal District for the 2016 -2017
Term. (B. Dennis/Mayor & Council)
The following was read into record:
RESOLUTION NO. 15 -R -102
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
CASTING VOTES TO ELECT DIRECTORS FOR THE BEXAR COUNTY
APPRAISAL DISTRICT FOR THE 2016 -2017 TERM.
Mayor Carpenter stated that staff s recommendation is to cast the cities 2 votes to Sergio
"Chico" Rodriguez, Council concurred.
Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Mayor Pro -
Tem Fowler to approve Resolution No. 15 -R -102 casting the cities 2 votes for Sergio "Chico"
Rodriquez. 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. Resolution No. 15 -R -107 — Consideration and/or action approving a Resolution authorizing
an agreement with Developer for Construction of Public Improvement associated with the
Wynter Hill Subdivision project. (B. James/K. Woodlee)
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The following was read into record:
RESOLUTION NO. 15 -R -107
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING AN AGREEMENT WITH DEVELOPER FOR CONSTRUCTION OF
PUBLIC IMPROVEMENT ASSOCIATED WITH THE WYNTER HILL
SUBDIVISION PROJECT
Mayor Carpenter recognized City Engineer Kathy Woodlee who stated when the residential
subdivisions Mesa Oaks and The Reserve at Mesa Oaks were constructed in 2005 and 2012,
respectively; portions of public infrastructure were not included in the construction. In Mesa
Oaks, the plat area included only half of the right of way of the intersection of Water Oak and
Cotton King. Construction of the roadway was not completed at that time because it would
not have been used and would possibly even deteriorate before the other half would be
constructed. In The Reserve at Mesa Oaks, sidewalks were stopped short of the dead end of
Oak Run.
She stated Harkleroad Gray Development Services, LLC, is proposing to develop the Wynter
Hill Subdivision. Roads and sidewalks within that subdivision are proposed to connect to the
intersection of Water Oak and Cotton King and to the end of Oak Run. During the planning
stage for the subdivision, the developer requested that the City participate in the completion of
the improvements which will benefit portions of the City outside the Wynter Hill Subdivision
boundary. It is appropriate for the City to provide the street and sidewalk infrastructure
within existing right of way, but outside the boundary of the Wynter Hill Subdivision plat,
that will provide the connection to existing public infrastructure.
In order to have the construction done in the most efficient and cost effective manner,
Harkleroad Gray has agreed to include construction of the City's portion of the infrastructure
along with the rest of the Wynter Hill improvements and have the City provide reimbursement
of the costs.
Participating with the Developer of the Wynter Hill Subdivision will act to prevent a gap in
streets and sidewalks between subdivisions and promote the orderly growth of residential
development in central Schertz. The cost for construction of the street and sidewalk
improvements to be reimbursed to the Developer is $23,724.50 and will be paid for with a
portion of the remaining 2006 Street Bond funds. (The overall subdivision improvement cost
to the developer is $1,388,345.)
Staff recommends Council approve the resolution authorizing the City to enter into the
Agreement with Developer for Construction of Public Improvement with Harkleroad Gray
Development Services, LLC.
Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by
Councilmember Edwards to approve Resolution No. 15 -R -107. The vote was unanimous
with Mayor Pro -Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson
voting for and no one voting no. Motion passed.
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8. Resolution No. 15 -R -108 — Consideration and/or action approving a Resolution approving an
Engineer and Design Contract with Ford Engineering regarding the Northcliffe Water Line
Improvements. (D. Wait/S. Willoughby /C. Raleigh)
The following was read into record:
RESOLUTION NO. 15 -R -108
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, AND
HYDRAULIC STUDY FOR THE WATERLINE PHASE III REPLACEMENT
PROJECT IN THE NORTHCLIFFE SUBDIVISION, AND OTHER MATTERS IN
CONNECTION THEREWITH
Mayor Carpenter recognized Public Works Project Manager Cindy Raleigh who stated the
existing asbestos cement water mains in the Northcliffe Subdivision are experiencing a large
number of breaks due to the ground shifting causing interruption of service to the residents in
this area. The impact to the City includes crew resources and overtime costs, damaged streets,
sidewalks, and driveway aprons and loss of purchased water. The City has completed Phase I
of this project in 2010 at the same time of the Street Bond Reconstruction. The total cost of
both Street and Waterline Upgrades for Phase I was over $1.3 million. Phase II in 2013 was
Waterline Upgrades only in the amount of $768,387. This phase will not include street
reconstruction.
The goal of this project is to replace the remaining sections of waterlines in Northcliffe.
Achievement of this goal in its entirety will be contingent upon bid results and available
funding in the FY 2015 -16 Budget. Currently, there is $500,000 budgeted for this project.
Depending on bid results, Staff may recommend breaking the construction of this project into
Phases IIIA and IIIB or constructing this final phase in its entirety by supplementing the
project budget with money from the water construction fund. This Resolution authorizes
approval of an agreement with Ford Engineering, Inc., to design Phase III in its entirety. The
plans will be structured so that they can be used for construction of all or a portion of the
project.
Replacement of these sections of waterline is high priority based on the frequency of
waterline breaks and the impact on area residents from interrupted water service.
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 Ford Engineering to provide the engineering
and design services for the project in the amount of $67,143. The budget for the project is as
follows:
Budget
Engineering $67,143
Construction $409,214 (current amount available)
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Legal
$500
Advertising
$500
Other Prof. Services
$1,000
Construction Contingency
$21,643
Project Total
$500,000
Engineer and design to allow for bidding of the project to relocate multiple sections of
waterlines to upgrade the existing line and alleviate the issues associated with the frequency
of waterline breaks. Ford Engineering will design new water mains and services on Cherry
Tree. Drive, Mayfair Drive, Wedgewood Drive, and Portage Lane as outlined on the enclosed
project map. Once complete, the project will be publicly bid for construction. Staff
recommends Council approve hiring Ford Engineering, Inc. to engineer and design the
Northcliffe Phase III Waterline Replacement for a cost of $67,143.
Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Mayor Pro-
Tern Fowler to approve Resolution No. 15 -R -108. The vote was unanimous with Mayor
Pro -Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson voting for and
no one voting no. Motion passed.
9. Resolution No. 15 -R -93 — Consideration and /or action approving a Resolution authorizing a
Standard Professional Services Agreement between the City of Schertz Economic
Development Corporation and Ford Engineering, Inc., relating to engineering and design for
the property located at 1300 Schertz Parkway. (J. Kessel/K. Kinateder)
The following was read into record:
RESOLUTION NO. 15 -R -93
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A STANDARD PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SCHERTZ ECONOMIC DEVELOPMENT
CORPORATION ( "SEDC "), A TEXAS NON - PROFIT INDUSTRIAL
DEVELOPMENT CORPORATION AND FORD ENGINEERING, INC., RELATING
TO ENGINEERING AND DESIGN FOR THE PROPERTY LOCATED AT 1300
SCHERTZ PARKWAY, OTHER MATTERS IN CONNECTION THEREWITH
Mayor Carpenter recognized EDC Director Kyle Kinateder who stated the goal here is to
approve the Standard Professional Service Agreement ( "PSA ") on behalf of the Schertz
Economic Development Corporation ( "SEDC ") with Ford Engineering. Ford Engineering
will develop necessary plans for the demolition of existing structures located at 1300 Schertz
Parkway.
The SEDC, through Resolution No. 15 -R -52, purchased the property located at 1300 Schertz
Parkway for future SEDC office space. The existing structure was found to be not suitable for
office space. At the October 22, 2015 Regular SEDC Monthly Meeting, the SEDC Board
considered a proposal for engineering services. The scope of engineering services included
drafting all plans necessary for the demolition of existing structures and the reconstruction of
the site as a parking lot. The site would be used for parking until a long -term solution was
found by the SEDC Board and City Council. After discussion, the SEDC Board requested
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that the scope be limited to demolition of existing structures and re- vegetation of the site.
Multiple engineering bids were provided and Ford Engineering was selected because of their
experience with the site and corresponding competitive bid. The PSA was revised to its
current form and presented at the November 19, 2015 Regular SEDC Monthly Meeting.
The PSA and associated engineering plans will allow staff to gather accurate contractor bids
and permits needed for demolition. The removal of the existing structure will mitigate future
safety hazards and liability. The removal will also lower holding costs until a long term use
for the site is determined by the SEDC Board and City Council.
Staff recommends council approve Resolution 15 -R -93 authorizing the PSA with Ford
Engineering to create engineering plans needed for the project. This action only authorizes
the engineering work and does not authorize the demolition of the structure. The PSA with
Ford Engineering will not exceed $8,327.50 plus Direct Project Expenses.
SEDC Board of Directors held a meeting on November 19, 2015 where a motion to
recommend approval of Resolution 15 -R -93 to the City Council for final approval was made
by Mr. Roy Richard and seconded by Ms. Angelina Kiser. The vote was unanimous.
Mayor Carpenter recognized Councilmember Edwards who moved, seconded by
Councilmember John to approve Resolution No. 15 -R -93. 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 Carpenter recognized City Secretary Brenda Dennis who provided the roll call votes for
agenda items 1 through 9.
Requests and Announcements
10. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
No further announcements were provided.
11. Future Agenda Item Request for City Council: This is an opportunity for City Council
members to request that items be placed on a future agenda. No discussion of the merits of
the item may be taken at this time. Should a Council Member oppose placement of the
requested item on a future agenda, the Mayor, without allowing discussion, shall ask for the
consensus of the other City Council members to place or not place the item on a future
agenda.
Mayor Carpenter requested City Attorney Charles Zech provide Council a presentation and
discussion on the new charter provisions and criminal and civil penalties for violations of the
city charter so that council has some clarity on these items.
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Councilmember Edwards asked about the Chamber information and Mayor Carpenter stated
they can also take that up at the next council meeting.
12. 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 Carpenter recognized Mayor Pro -Tem Fowler who stated he attended the following:
• Tuesday, December 1, Ribbon Cutting for four different local medical groups.
Mayor Carpenter recognized Councilmember Azzoz who stated he attended the following:
• Monday, November 23, 16th Annual Thanksgiving Meal Drive serving 5,801
individuals this year.
Mayor Carpenter recognized Councilmember Edwards who stated he saw on the news the
other day that Jeff from Roadrunner Towing had a big event (Toys for Tots) at
Councilmember John's place on Sunday. Good Job. He also said the reception held for
the elected officials at the Blue Bonnet Palace was a good one. He thanked
Councilmember John.
Mayor Carpenter recognized Councilmember Thompson who stated he attended the
following:
• Thursday, November 26, Schertz Turkey Trot 5K run/walk, held at the Bluebonnet
Parking Lot.
Adjournment
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