01-26-2016 MinutesMINUTES
REGULAR MEETING
January 26, 2016
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on January
26, 2016, 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 -Tern Fowler
Councilmember Daryl John
Councilmember Robin Thompson
City Manager John Kessel
Executive Director Dudley Wait
City Attorney Charles Zech
Mayor Carpenter called the meeting to order at 6:01 p.m.
Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas.
(Mayor Pro -Tem Fowler)
Mayor Pro -Tem Fowler 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)
The following announcements were made:
• Wednesday, January 27, Ribbon Cutting /Grand Opening for Schertz /Cibolo ER Clinic,
4825 FM 3009,11:30 a.m. -1:00 p.m.
• Thursday, January 28, Ribbon Cutting & Open House for Acacia OB /GYN, 16977 IH
35 North -Ste. 210, 3:30 -4:30 p.m.
• Saturday, January 30, Schertz Chamber of Commerce Health and Wholeness Fair,
Schertz Civic Center, 11:00 a.m. -3:00 p.m., 70 vendors in attendance.
• Tuesday, February 2, Blood Drive, Front Parking Lot, 8 -11 a.m. Email Kellie Burnam,
Community Health Manager, kbumam(kschertz.com or call 210 - 619 -1430.
Upcoming Events:
• Thursday, February 11, TML Region 7 Meeting — The Gardens at Old Town
Helotes, City of Helotes, Reception begins at 5:00 p.m. RSVP to the City Secretary by
Friday, February 5.
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• Tuesday, February 16, Council on the Go Meeting, Community Center North, 6:30
p.m.
• Announcements and recognitions by City Manager (J. Kessel)
Mayor Carpenter recognized City Manager John Kessel who spoke about a new electronic
customer service improvement feature recently implemented by city staff for residents
requesting to be scheduled for a chipping service provided by our Public Works Department.
Now they can go to the city's webpage, click on a button and fill in the customer information
and submit the order for scheduling. Kudos and Thanks to Public Works Dispatcher Ms.
Tiffany Danhof who submitted the suggestion and the IT Department staff for implementing
this vision for our customers.
Proclamation
School Board Recognition Month. (Mayor /G. Inmon/SCUCISD Board Members)
Mayor Carpenter recognized SCUCISD Board President Gary Inmon, Board Vice - President
Robert Westbrook, and SCUCISD Superintendent Dr. Greg Gibson. Mayor Carpenter read
and presented the proclamation recognizing School Board Month providing his gratitude for
the work they do and the relationship they have with the City. Board Member Inmon also
commented on the Board duties and the successful relationships they have built with the City
of Schertz.
Hearing of Residents
Mayor Carpenter recognized the following who spoke:
• Mr. Carl Douglas, 2550 Woodland Village Place, who spoke regarding agenda item 5
regarding the reappointment of Councilmember Daryl John to the Lone Star Rail District
Board.
• Mr. Alan Cockerell, Schertz- Seguin Local Government Corporation General Manager, who
came forward introducing the new Assistant General Manager Amber Briggs.
• Ms. Audrey Martin, 710 N. Post Oak Road, Houston, who spoke in favor of the workshop
item regarding requested letters of support for Housing Tax Credit applications. Ms. Martin
provided Council and Management copies of the proposed Mixed Use Development proposal
for the Preserve at Wiederstein, which is proposed on Wiederstein Road and FM 3 009.
• Ms. Charlene Smoot /Lil Metzger, 8165 Garden Oaks Drive, San Antonio who also spoke in
favor of the workshop item regarding requested letters of support for Housing Tax Credit
applications.
• Ms. Lisa Stephens, 6636 N. Riverside Drive, who again spoke in favor of the workshop item
regarding requested letters of support for Housing Tax Credit applications.
Workshops
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• Discussion regarding extending responsibilities of inspections to the engineer of record for
professionally engineered projects. (B. James) (Item requested by Councilmember John)
Mayor Carpenter recognized Executive Director Brian James who stated this discussion
excludes civil projects (i.e., roadways, waterlines, sewer lines). It really applies only to
building permits, residential or commercial. It would eliminate the requirement for City staff
to perform the inspection and place that in the hands of the design engineer(s). Currently, this
is what is done with retaining walls over four feet. There are also other items that require a
design engineer where staff may not have the expertise in those cases. This varies from
project to project.
Things that are design engineered for residential are generally foundations, wind bracing, and
structures such as trusses and floor joists. For commercial it varies quite a bit, such as
structural, civil, electrical, mechanical and other systems including fire systems. The 2012
Building Code requires special inspections in a number of areas and generally the City does
not perform these; someone hired by the owner does.
Mayor Carpenter turned the discussion over to any comments or questions from Council.
Councilmember John said it was a great addition and the design engineer is the one who
knows everything about the project and the code requirements and this pushes the liability
back on them to do the inspection. Mr. James stated that in the future staff will probably be
visiting with the Development Services Department in the City of San Antonio and take some
of their information and make models of some of the documents they have for our use here.
Mr. James stated in the future we probably need to overhaul our website and get some of this
information out there and make people aware of it as a useful resource.
• Discussion regarding revising the Tree Mitigation Ordinance. (B. James /C. VanZandt) (Item
requested by Councilmember John)
Mayor Carpenter recognized Executive Director Brian James who stated Section 21.9.9 of the
Unified Development Code (UDC) is our tree preservation section which states prior to the
issuance of a Development Permit or a Building Permit, a Tree Permit is required or you must
provide an affidavit of no protected trees on site. In order to obtain a Tree Permit, the
applicant must mitigate Protected and Heritage trees. Protected trees measure between 8 -24
inches in diameter (measured 4' above ground). A Heritage tree is bigger than 24 inches in
diameter. There are some exemptions, such as if a tree is in an area with a septic system or
right -of -way for a road, in a utility easement, are diseased or damaged, or if they are a
Hackberry, Eastern Red Cedar, Common Ash Juniper, Chinaberry, Mesquite, and Ligustrum.
However, all Heritage trees must be mitigated. This can be done by planting extra trees or by
paying into a mitigation fund -a fee of $100 per inch of tree. This fund can be used for planting
trees at city parks, soccer fields, etc. and also for the care and maintenance of the trees.
The UDC also allows for trees to be planted on school district property. However, sites that
are heavily wooded can prove problematic as there may be so much mitigation required that
there is not room to replace trees and then paying into the mitigation fund can become
expensive. Mr. James provided some cost comparisons and other information regarding sites
with no trees, some trees or a lot of trees, as examples of what some developers face.
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Councilmember John stated the only thing he could see to consider adding would be that the
trees that are located directly under the building foundation(s) would be classified as exempt.
This is just a suggestion that may alleviate some of the property developer's burden. Mr.
James replied that the old ordinance actually did have that exemption item in it.
Mayor Carpenter recognized Councilmember Edwards who stated he thinks we have a great
tree ordinance. Canopy is extremely important. He thinks it is important to have that green
open space. He likes going to a business that preserves their trees.
Mayor Carpenter recognized Councilmember Thompson who said he does understand from a
builders viewpoint and when we were working on revising the building code we had several
meetings between the city and interested developers to find a solution that met everybody's
needs. Perhaps something similar could be done here, such as instituting a cap per acre. He
believes there are some win -win opportunities out there for everyone.
Mr. James continued answering questions from Council regarding payments to the tree
mitigation fund, residential versus commercial differences, drainage concerns, other
incentives for saving trees, and fee costs relative to the number of lots /acres. Staff will
continue working with trading information with the various city boards and come back to
council in a few months with an update.
• Discussion regarding permitting requirements for fences and sheds. (B. James /L. Wood/B.
Cox)
Mayor Carpenter recognized Executive Director Brian James who stated as part of the
Building Code update in September and October (2015), Council considered eliminating the
requirements for obtaining a permit for replacement fences and sheds. Staff discussed the
matter with the Planning and Zoning Commission and reached a consensus as follows:
• Exempt from permitting replacement residential fences that are like for like (6' wood
privacy fence or 4' chain link fence for a 4' chain link fence).
® The like for like provision would allow differing board widths or board to post
orientation (weave vs. all one side).
• The Planning & Zoning Commission wants us to review the Ordinance after 6 months
and revisit the issues to determine if it is working as intended or needs to be modified.
Mr. James said it was suggested to publicize this (Schertz Magazine articles, website updates,
handouts) to the public to avoid missteps.
• SHEDS: Building Code Exempts Accessory Structures Under 200 square feet from needing a
permit, local amendment requires a permit.
• Exempt accessory structures that are 120 square feet or less from needing a permit if the
structure can be moved.
• Any accessory structure more than 120 square feet requires a permit.
• Continue to require a permit for concrete foundation.
• Review ordinance in 6 months
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Staff anticipates bringing the Ordinance to Council to adopt these local amendments in the
next few weeks. Mr. James continued answering questions from council.
• Presentation and update regarding Pay Day Loans. (B. James)
Mayor Carpenter recognized Executive Director Brian James who stated in December 2015
Council discussed the possibility of developing a payday lending ordinance as a result of an
ordinance passed by the City of San Antonio. This brought forth concerns that the affected
businesses, known as Credit Access Businesses (CAB) would soon start moving out in the
surrounding communities.
Generally these regulations require the CAB's to:
• register with the City (i.e., $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 that the lender provide the borrower a form created by the city which
references non - profit agencies who provide financial education & 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, Seguin, and Universal City. The
Waco City Council has recently been urged by some residents to regulate payday lenders.
The state legislature has considered regulations for CAB's in the past but has not passed
overarching regulations. Litigation is currently pending regarding municipal regulations of
payday lending facilities in a number of cities, including San Antonio.
An internet search indicates that there are two payday lender businesses operating in Schertz:
Ace Cash Express and Advance America, both of whom are located at FM 3009 and IH -35.
Both entities also provide auto title loans. If you look on their respective websites, they have a
lot of information with regard to the loan terms. Mr. James provided examples of what these
loans would typically look like. What most of the regulations do is not stipulate what the loan
interest rate is but rather it dictates the terms and the number of payments made to keep
people from just continuing on and on; each payment has to draw down a certain percent of
the principal. Both of these companies do online applications and in person. Some states
regulate these types of business a slightly different.
The two issues would be: 1) it is a lot of documentation and do people understand it all, 2) if
you are stuck and you have rent due and nowhere else to go, you are probably not thinking
about the terms, just on paying your obligation(s). Staff called the City of San Antonio to see
how this situation was going with them. They have one staff member who oversees the annual
business application(s) and then the rest of the year he deals with complaints from individuals
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who call and say a particular business is violating the ordinance. Last year the city felt there
were about three who actually did violate it. What they do not do is any kind of audit process.
Mr. James addressed subsequent comments, questions, and recommendations from council.
He stated that staff can continue to monitor this situation and revisit it if needed.
• Discussion and possible action regarding requested letters of support for housing tax credit
applications for proposed apartment projects. (B. James)
Mayor Carpenter recognized Executive Director Brian James who stated, as was mentioned
during the hearing of residents section, the individuals who spoke on the requested letters of
support for housing tax credit and that some of the Council is aware of, the state has a
program to help promote affordable housing throughout the state. It is a tax credit program to
help finance the construction of these projects. They have a call for projects and a timeline
when individuals come in; there are companies that do this. Both companies that spoke
tonight have a track record already of doing this and actually there is a third one that did not
contact the city yet.
Mr. James stated that this is a very competitive process. For several communities there is a
great need for quality affordable housing for various resident types. Mr. James stated that the
companies use a scoring system and they go out and get as many points as they can to qualify.
One of the items they are evaluated on is whether or not they have support from the
community where they are proposing to locate. As you know, we have probably received the
letters, and the companies are required to notify the city on their intent so that we have a heads
up on the project. Very often they come to the city and state that if they are going to compete
for a project in Schertz with one that may be in New Braunfels, they need to score as high as
possible and it helps them if the City Council says we are supportive of the project.
Mr. James stated that one of the projects also wanted a nominal waiver of fees of up to
$10.00, a token amount that will also assist with their scoring. One of the challenges that often
happen is because they have this competitive process to go through they pull together this
information and yet they have to see if they get the tax credit. Very often if they do not get
the tax credit the project financially does not make sense and they no longer pursue it. Very
often it is a question of putting the cart before the horse.
Mr. James stated again that they have three (3) projects. As you heard, one of them is on
Wiederstein Road at FM 3009 on the back portion of the property. The other one is off of IH
35 across from FM 2252, which is not adjacent to residential development. The third one is
up at Fairlawn, a commercial piece at Fairlawn up by Riata. Mr. James stated that one of the
problems is that none of these properties are zoned for multi - family. The two (2) on the
frontage road are zoned for commercial uses and the one (1) off of FM 3009 is for larger lots,
single - family residential development. They do not have the zoning in place and so they
cannot develop by right. One of the comments we might make is that the plan the city has in
place with regard to zoning and the comprehensive land use plan would not be to put multi-
family there, it would be to do another use. He doesn't know if everyone has fully vetted how
appropriate the apartment complex is in that location. Simply putting in a letter of support
does not bind us to anything. That zoning case, if they were selected, would have to get a
recommendation from the Planning and Zoning Commission and then go to Council for
approval. Council may then still say that it is just not a good fit. There might be challenges
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with the site and it may not be compatible with the adjacent land uses, etc. There could be a
struggle, stating yes we are in support of the project, but then say that it doesn't quite get us
there, and this is what goes into these types of requests. If they do not get support at this point
then they limit themselves to be able to compete.
Mr. James stated that with these types of projects this is typical of what we would think of as
affordable housing. You cannot tell the difference from the outside that it is a tax credit
project. Every single one he has seen, you drive by and you are looking for an apartment and
you think yes, that one looks nice and let me see if they have any vacancies. They don't look
any different from what you normally find. The idea is to build them, maintain the value, and
provide a quality place for individuals to live in the community that is not substandard
housing. Very often what they all do is, that there is a certain percentage of the units that are
allocated for individuals who make less than that 60% medium income. However, this varies
from project to project. In the project over at Wiederstein, 96 of the 120 units are reserved for
the individuals with these income levels. The one off IH -35 is 105 out of 120, so the
percentages are about the same. A certain percentage of the units are available at market rate.
Mayor Carpenter opened this item up for Council questions and asked Mr. James if there were
any examples currently in our City. Mr. James said yes, we have The Merritt at Lake Side,
which is an age - restricted project and a more recent one is Liberty Park in Selma that is
geared more for the Veterans. Mr. James stated you cannot really tell the difference.
Mayor Carpenter recognized Mayor Pro -Tem Fowler who stated that he has looked at the
proposed locations where the three (3) applications come from, and in his opinion, from a
location point of view, the two sitting here today probably are the best; he does not like the
one at Riata. He inquired as to whether or not the builder has built these before. Mr. James
stated that all three (3) of the firms have built several of these types of projects already.
Mayor Pro -Tem Fowler asked when you build these, what is the history of demographic
types of individuals moving in? He asked if the representatives could share this information.
Mr. James stated that individuals are coming from everywhere; seniors, retired, etc., and none
of these projects are restricted in any way from anyone. Eligibility is simply the income
criteria for affordable housing that must be met. Mayor Pro -Tem Fowler asked if we could
support two (2) more developments.
Mayor Carpenter asked Mayor Pro -Tem Fowler if he would like for him to recognize the
developers to address his questions. Mayor Pro -Tem Fowler concurred. Mayor Carpenter
recognized Audrey Martin and Lisa Stephens, the developers for the two projects (1)
Wiederstein, (2) IH 35 and FM 2252, who came forward providing answers to Mayor Pro -
Tem Fowler's question as to if the city could support the two projects. Both Audrey and Lisa
stated that yes the city could support the two (2) developments. They also addressed questions
regarding resident profiles.
Mayor Carpenter recognized Councilmember Thompson who stated that letters of notice have
been sent to Council but asked if the area residents around the proposed site have been
notified. Mr. James said no. First, both firms must apply for tax credits and then those are
selected. Then the companies would have to submit a request for a rezone application on that
property. This is the first step on the property, and part of that effort would be that the
developers would go out and start talking to the neighbors. The first notice would be on a
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rezone application where the adjacent property owners would be notified. If that went to the
Planning and Zoning Commission and then to Council, that zoning is not in place until
approved and if it was not approved, the project would not go forward.
Councilmember Thompson asked, historically speaking, is it normal or unusual for us to
receive three (3) applications at once? Mr. James stated he cannot say what is normal in
Schertz but that he does not know of any other application that has made it this far. Based on
the developers analysis and case studies, there is a demand here and there is a good chance
they will receive a tax credit. Lastly, Councilmember Thompson commented regarding
Merritt Lake Side and Liberty Park — he stated the success of these two communities is
because of their particular restrictions. These are uniquely different communities that have
been very well planned and are successful.
Mr. James stated that none of these proposed developments have restrictions and the City
cannot impose extra regulations like Merritt Lake Side and Liberty Park communities have.
Mayor Carpenter recognized Councilmember Edwards who asked where the developers
gathered and received their medium income information and why do they need a letter for
points. Ms. Martin came forward providing and explaining the funding program and the point
base system in answer to his question. Councilmember Edwards also asked about the $10.00
waiver fee, and Ms. Martin explained the recent change in legislation which required that they
receive some type of waiver and the $10.00 is just an amount to fill that requirement.
Mayor Carpenter recognized Councilmember Thompson who asked if this should be
approved, what time frame are they looking at to begin the rezone? Mr. James stated it would
be on or before March 1St
Further questions were addressed and answered by staff and the developers.
Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Mayor Pro-
Tern Fowler to approve letters of support for both properties presented tonight plus the waiver
of the $10.00 fee. 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
1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular
Meeting of January 12, 2016, and the Special Meeting of January 15, 2016. (J. KesselB.
Dennis)
Mayor Carpenter recognized Councilmember Azzoz who stated that he would be voting for
approval of the January 12th minutes but abstaining on the approval of the minutes of the
special session of January 15th as he was not in attendance. Mayor Carpenter recognized this
stating that an abstention is considered a no vote and would have the City Secretary take
notice of the approval of each item.
Mayor Carpenter recognized Mayor Pro-Tern Fowler who moved, seconded by
Councilmember Thompson to approve the minutes of the Regular Meeting of January 12,
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2016. 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 Carpenter recognized Mayor Pro -Tem Fowler who moved, seconded by
Councilmember Thompson to approve the minutes of the Special Meeting of January 15,
2016. The vote was 4 -0 -1 with Mayor Pro -Tem Fowler, Councilmembers John, Edwards
and Thompson voting for, Councilmember Azzoz voting no. Motion passed.
2. Resolution No. 16 -R -01 — Consideration and/or action approving a Resolution appointing
Andrew Hunt to the Board of Directors Place D -2 of the Schertz Seguin Local Government
Corporation. (D. Wait)
The following was read into record:
RESOLUTION NO. 16 -R -01
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
APPOINTING ANDREW HUNT TO THE BOARD OF DIRECTORS PLACE D -2 OF
THE SCHERTZ SEGUIN LOCAL GOVERNMENT CORPORATION, AND OTHER
MATTERS IN CONNECTION THEREWITH
Mayor Carpenter recognized Executive Director Dudley Wait who stated the SSLGC Board
D -2 position currently held by Mr. Kerry Koheler of Seguin has a term that expired on
December 31, 2015, This is scheduled to be filled by the City of Schertz and the new board
member will take effect January 1, 2016.
It is staff s recommendation that the City of Schertz appoint Mr. Andrew Hunt to serve on the
Schertz Seguin Local Government Corporation (SSLGC) Board of Directors Place D -2 for the
term commencing on January 1, 2016 and ending on December 31, 2020 (the "Term "). He has
been contacted and has agreed to serve. Mr. Wait introduced Mr. Hunt who was present this
evening.
Mayor Carpenter recognized Councilmember Thompson who moved, seconded by
Councilmember Edwards to approve Resolution No. 16 -R -01. The vote was unanimous with
Mayor Pro -Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson voting
for and no one voting no. Motion passed.
3. Resolution No. 16 -R -02 — Consideration and/or action approving a Resolution authorizing
the acceptance of the 2015 Racial Profiling Report. (D. Wait /M. Hansen)
The following was read into record:
RESOLUTION NO. 16 -R -02
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING THE ACCEPTANCE OF THE 2015 RACIAL PROFILING
REPORT, AND OTHER MATTERS IN CONNECTION THEREWITH
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Mayor Carpenter recognized Patrol Lieutenant Michael Carey who stated one of the annual
obligations of the police department is to provide the City Council with the statistical date
they have collected from traffic stops. This annual racial profiling report includes:
• The number of traffic stops they have conducted
• The race of the person stopped
• Whether the race of the person stopped was known prior to the stop
• If a search of the vehicle stopped was conducted
• If that search was consented to
Based on a review of the numbers there is no indication of racial profiling, with the police
department continuing to impartially enforce the traffic laws within the City of Schertz.
Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Mayor Pro-
Tern Fowler to approve Resolution No. 16 -R -02. 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. 16 -R -03 — Consideration and/or action approving a Resolution authorizing
the city manager to negotiate and sign an amendment to the current contract with GBRA
extending the term to August 31, 2016. (D. Wait /S. Willoughby)
The following was read into record:
RESOLUTION NO. 16 -R -03
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND SIGN AN
AMENDMENT TO THE AGREEMENT WITH GBRA AND THE NORTHCLIFFE
GOLF CLUB EXTENDING THE TERM TO AUGUST 31, 2016 AND OTHER
MATTERS IN CONNECTION THEREWITH
Mayor Carpenter recognized Executive Director Dudley Wait who stated in 1976, the
Guadalupe - Blanco River Authority entered into a forty year agreement with the landowner
and developer of the Northcliffe Subdivision to provide waste water treatment. Upon
annexation of the subdivision and the dissolution of the Northcliffe Municipal Utility District,
the City became a party to this agreement. Today, GBRA continues to provide waste water
treatment for a portion of the residences in Northcliffe and subsequent developments. They
do this through their small treatment plant located at the Northcliffe Golf Course. The golf
course is a direct party in this agreement as well since they receive the treated effluent to
water their landscaping.
This treatment plant is permitted to treat up to 300,000 gallons of waste water a day, but due
to age and other limiting factors, flows that exceed approximately 220,000 gallons a day are
diverted to the Cibolo Creek Municipal Authority treatment system by agreement between the
City, CCMA and GBRA.
01 -26 -2016 Minutes Page - 10 -
City staff desires to eventually take all of this waste water and send it to CCMA for treatment
but due to a number of factors, this will not be possible for next three to five years. As a
result, we need to enter into a new agreement with GBRA to maintain the operation of this
treatment plant until the City is ready to send the entire flow to CCMA.
The current agreement is slated to expire February 1, 2016. In order to have appropriate time
to craft a three to five year agreement between the City, GBRA and the Northcliffe Golf
Course, GBRA has asked that we make an amendment to the 1976 agreement extending the
term of this agreement until August 31, 2016, the end of the current fiscal year for GBRA.
City staff recommends Council authorize the City Manager to negotiate and sign an extension
to the current agreement through August 31, 2016.
The City has budgeted and will pay GBRA approximately $296,000 for the operation of the
Northcliffe WWTP during this fiscal year. These funds are included in the approved FY
2015 -16 Budget and no additional cost will be incurred as a result of extending the current
agreement.
Mayor Carpenter recognized Councilmember Edwards who moved, seconded by
Councilmember Thompson to approve Resolution No. 16 -R -03. 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. 16 -R -04 — Consideration and /or action approving a Resolution reappointing
Councilmember Daryl John to the Board of Directors of the Lone Star Rail District for a two -
year term to run from February 1, 2016 to February 1, 2018. (B. Dennis/Mayor /Council)
The following was read into record:
RESOLUTION NO. 16 -R -04
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
REAPPOINTING COUNCILMAN DARYL JOHN TO THE BOARD OF DIRECTORS
OF THE LONE STAR RAIL DISTRICT, AND OTHER MATTERS IN CONNECTION
THEREWITH
Mayor Carpenter recognized City Secretary Brenda Dennis who stated in accordance with the
Rail District's governing statute (Texas Civil Statutes Article 6550c -1) and bylaws, each
Board member serves a two -year term; additionally, the terms are staggered so that one -half
of the Board members' terms expire on February 1 of each year to ensure Board continuity.
Staff recommends Council officially approve Resolution No. 16 -R -04 re- appointing
Councilmember Daryl John to the Rail District Board to represent the City of Schertz for a
term of two years beginning February 1, 2016 and ending February 1, 2018. She stated that
Councilmember John indicated that he is willing to continue to serve.
Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Mayor Pro-
Tern Fowler to approve Resolution No. 16 -R -04. The vote was unanimous with Mayor Pro -
Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson voting for and no
one voting no. Motion passed.
01-26-2016 Minutes Page - 11 -
Mayor Carpenter recognized Councilmember Edwards who stated that in light of the possible
election coming up of Councilmember John, we do not know how that election is going to
turn out and that is why he made a motion to reappoint him and keep him where he is, this
was to address Mr. Douglas's concern as mentioned earlier. Councilmember John stated that
the city does have a provision of re- appointing someone if his situation should change.
Mayor Pro -Tem Fowler indicated that in November we will be having new Councilmembers
and the Council can at that time re- appoint someone to fill Councilmember John's term if he
is elected.
6. Ordinance No. 16 -D -01 - Consideration and/or action approving an Ordinance amending the
Code of Ordinances of the City of Schertz by revising Article V, Section 86 -149 Parking
Prohibited on Roadways Maintained by the City of Schertz, parking restrictions on David
Lack Boulevard. First Reading (B. James/K. Woodlee)
The following was read into record:
ORDINANCE NO. 16 -D -01
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ,
TEXAS BE AMENDED BY REVISING ARTICLE V, SECTION 86 -149 PARKING
PROHIBITED ON ROADWAYS MAINTAINED BY THE CITY OF SCHERTZ; AND
PROVIDING AN EFFECTIVE DATE.
There was no staff introduction and Mayor Carpenter stated that the information provided to
Council was straight forward. Mayor. Carpenter recognized Councilmember Edwards who
stated that this is a growth issue and made a motion to approve the ordinance. Councilmember
Edwards also stated that he is glad to see that both companies are growing.
Mayor Carpenter recognized Councilmember Edwards who moved, seconded by
Councilmember Azzoz to approve Ordinance No. 16 -D -01 on first 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
Mayor Carpenter recognized City Manager John Kessel who stated he would like to
compliment the staff of the Economic Development Corporation, Police, and Engineering
Departments for working together with the two companies on this to come up with a mutual
solution.
7. Ordinance No. 16 -M -02 - Consideration and/or action approving an Ordinance amending
the City Council Code of Ethics by adding language regarding media contact. First Reading
(Mayor /Council /C. Zech)
The following was read into record:
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ORDINANCE NO. 16 -M -02
AN ORDINANCE BY THE CITY OF SCHERTZ, TX AMENDING CITY COUNCIL
CODE OF ETHICS; PROVIDING A POLICY FOR MEDIA RELATIONS;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE
Mayor Carpenter recognized City Attorney Charles Zech who stated at the Council meeting of
January 12, 2016, Council discussed having the City Attorney help add clarity to their Code of
Ethics in regard to City Council communications with the media.
At that meeting, he offered to get with staff to craft some language that would not infringe on
any first amendment rights but still gets across the position of council on how media relation
issues should be handled. He also stated he got the feeling that we just want to be careful with
information when it is provided by council and to keep in mind the intricacies of law
enforcement and any other privacy concerns that may arise as a result of their speech. He
recommends council approve the proposed language be added to the Code of Ethics.
Mayor Carpenter recognized Councilmember Thompson who requested a small change be
considered to number 3, to recommend it state prior to going to an interview that members
should report it to the City's Public Information Officer. Councilmember Edwards and Mayor
Pro -Tem Fowler agreed with the proposed change. City Attorney Charles Zech indicated and
he paraphrased the proposed change that he could make. Mayor Carpenter stated as a
procedural comment that since this is an ordinance and it is first reading we can vote on
approval with the recommended change and Mr. Zech on final reading would provide that
language. Council concurred.
Mayor Carpenter provided his comments stating that he doesn't think this is necessary. He
thinks that we have before us our current Code of Ethics and Rules of Procedure and the
ability to police ourselves. He stated that he has to give credit where credit is due and this is
not his phrase but one he heard from a retired Brigadier General at USAA. He thinks this is
the way they should approach it. We are authorized to take any action at all that we are willing
to be accountable for. He thinks that's enough and does not see the need for the ordinance.
That is just his opinion and he understands he doesn't have a vote.
Mayor Carpenter recognized Councilmember Thompson who stated knowing that these are
guidelines he moved for approval of first reading with the suggested additions to be brought
back to the Council. Councilmember Edwards seconded the motion.
Mayor Carpenter called for additional comments and recognized Councilmember Azzoz who
agreed with the Mayor. We already have this in our Code of Ethics and Rules of Procedure to
police ourselves. All we are doing is adding more work and more regulations and it doesn't
make any sense to do this.
Mayor Carpenter recognized Councilmember John who stated he agrees with the Mayor but
not everyone is great at communicating with the media. This is a guideline and you can use it,
or not. This is there for the benefit and protection of Council. It is still a judgment call if
someone gets in front of you and asks you a question. You can still do whatever you want but
01 -26 -2016 Minutes Page -13 -
he is going to take this into consideration and use it. It is going to better prepare him and is a
benefit for his protection.
Mayor Carpenter recognized Mayor Pro -Tern Fowler who stated that these are guidelines and
as we will be getting new Councilmembers these are good guidelines for them to follow and
believes this is important.
Mayor Carpenter recognized Councilmember Edwards who stated this is not just about free
speech but it is also imperative we attend some type of training on how to speak to the media
and hopes that Mr. Kessel implements this not only with us but with all our emergency staff.
Mayor Carpenter recognized Councilmember Thompson who moved, seconded by
Councilmember Edwards to approve Ordinance No. 16 -M -02 on first reading with the
suggested additions which were paraphrased by the City Attorney to be brought back to
Council. The vote was 4 -0 -1 with Mayor Pro -Tem Fowler, Councilmember John,
Edwards and Thompson voting for and Councilmembers Azzoz no. Motion passed
Roll Call Vote Confirmation
Mayor Carpenter recognized City Secretary Brenda Dennis who provided the roll call votes for
agenda items 1 -7.
Requests and Announcements
8. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
No further announcements were provided
9. 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.
No items were requested.
10. Announcements by Mayor and Councilmembers
• City and community events attended and to be attended
• City Council Committee and Liaison Assignments (see assignments below)
• Continuing education events attended and to be attended
• Recognition of actions by City employees
• Recognition of actions by community volunteers
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• Upcoming City Council agenda items
Mayor Carpenter recognized Councilmember Robin Thompson, who on behalf of Operation
Comfort, presented Mayor Carpenter with a plaque of appreciation for the City of Schertz in
support of the 5K/10K Run — Walk they had on Saturday.
Mayor Carpenter recognized Councilmember Azzoz and Mr. Leonard John, Owner of the
Bluebonnet who were also supporters of the event.
Executive Session
12. City Council will meet in closed session under section 551.087 of the Texas Government
Code, Deliberation regarding Economic Development Negotiations; Closed Meeting. The
governmental body is not required to conduct an open meeting (1) to discuss or deliberate
regarding commercial or financial information that the governmental body has received from
a business prospect that the governmental body seeks to have locate, stay, or expand in or near
the territory of the governmental body and with which the governmental body is conducting
economic development negotiations; or (2) to deliberate the offer of a financial or other
incentive to a business prospect.
• Project E -018
Mayor Carpenter adjourned into executive session at 8:30 p.m.
Reconvene into Regular Session
Mayor Carpenter reconvened back into open session at 9: 08 p.m.
12a. Take any necessary action based on discussions held in closed session under Agenda Item
number 12.
No action taken.
Adiournment
Mayor Carpenter adjourned the meeting at 9:08 p.m.
Carpenter, Mayor
ATTEST:
renda Dennis, City Secretary
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