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05-10-2016 MinutesMINUTES REGULAR MEETING May 10, 2016 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on May 10, 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 Pro -Tem Cedric Edwards Councilmember Grumpy Azzoz Councilmember Robin Thompson Staff Present: Executive Director Brian James City Secretary Brenda Dennis Mayor Michael Carpenter was absent. Call to Order — City Council Regular Session Councilmember Jim Fowler Councilmember Daryl John City Manager John Kessel City Attorney Clarissa Rodriguez Assistant to the City Manager Sarah Gonzalez Mayor Pro -Tem Edwards called the meeting to order at 6:02 p.m. Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. ( Councilmember Thompson) Councilmember Thompson 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/S. Gonzalez) Mayor Pro -Tem Edwards recognized Executive Director Brian James who provided the following announcements: • Wednesday, May 11, Breakfast with the Blue, McDonald's, 21600 IH 35 N and FM 1103. Chat with neighbors and Schertz Police Officers over breakfast, 8:30 -10:30 a.m. • Thursday, May 12, Northeast Partnership Luncheon, Olympia Hills Golf Course Conference Center, 11:30 a.m. Please RSVP to the City Secretary of your attendance. • Friday - Wednesday, May 13 -22, RACAP Food Drive, The City will be participating. Collection of non - perishable items may be dropped off at City Hall, Bldg. #1. • Sunday, May 15 -21, EMS Week • Sunday, May 15, Schertz EMS Golf Tournament, Olympia Hills Golf Club, Registration at 7:30 a.m., Shotgun Start at 9:00 a.m. Please contact Matt Troncosco or Amy Sellers at 619 -1400. • Tuesday, May 17, The Chamber Luncheon, Schertz Civic Center, 1.1:30 a.m. • Tuesday, May 17, Council On The Go, Norma J. Paschal Elementary Cafeteria, 590 Savannah Drive; the meeting starts at 6:30 p.m. . • Wednesday, May 18, Cibolo and Schertz Police Department Memorial Service, 05 -10 -2016 Minutes Page - 1 - Cibolo City Hall, 200 S. Main Street. RSVP by May 13th if you plan to attend and stay for lunch to 210 - 649 -7999, or sedmondsongeibolotx.gov, or let the City Secretary know. • Thursday, May 19, Chamber `Monthly Mixer' at Legacy at Forest Ridge, 5:30 p.m. • Saturday, May 21, The Historical Preservation National History Month Symposium will be hosting a National History Symposium, 10:00 a.m. — 1400 Schertz Pkwy, #4. Contact Dean Weirtz weirtzl wahoo.com for more info. • Saturday, May 21, Beatles in the Park, presented by Schertz Parks & Recreation and Public Affairs, Pickrell Park, 5:00 p.m. to 9:00 p.m., Volkswagen Show and Shine, Beatles Tribute Music by Blue Note Bingos. • Sunday, May 22, Annual EMS Banquet and Casino Night, Schertz Civic Center,. 5:30 -9:00 p.m. RSVP to Amy Sellers at 619 -1401 or asellers@schertz.com. • Monday, May 23, Operation Comfort, Grumpy's Mexican Caf6, 18817 FM 2252, 11 :00 a.m. — 2:00 p.m. BBQ Chicken and brisket lunch plates $10. 100% of the proceeds go to Operation Comfort. • Thursday- Friday, May 26 -27, Hog Wild Local Government Education Seminar, hosted by Denton Navarro Rocha Bernal Hyde Zech, PC, at Texas State University, 601 Student Center, San Marcos, TX, 8:00 a.m. -1:30 p.m. Contact the City Secretary for more information. • Friday, May 27, Schertz Animal Services Microchip Shot Clinic, Pickrell Park, 6:00- 8:00 p.m., free microchips for the first 100 pets, low cost vaccinations will be available. • Monday, May 30, Memorial Day, City Offices are closed. Mayor Pro -Tem Edwards recognized and welcomed Guadalupe County Commissioner Precinct 3 Jim Wolverton who was in the audience this evening. • Announcements and recognitions by City Manager (J. Kessel) No announcements were provided at this time. Presentations: • Proclamation recognizing National Police Week. (Mayor Carpenter /Chief Hansen) Mayor Pro -Tem Edwards read and presented the proclamation recognizing National Police Week and recognized Police Lieutenant Michael Carey who accepted on behalf of the Police Department. Other members of the Police Department also joined Lt. Carey. • Presentation by the EMS Department regarding Cardiac Arrest Survivors. (D. Wait/J. Mabbitt) Mayor Pro -Tem Edwards recognized EMS Director Jason Mabbitt who stated that this evening he is honored to share EMS Week with our brothers and sisters in blue, from dispatch to patrol to the upper management level; we have an outstanding team. EMS Director Mabbitt recognized the following by providing a brief Power Point presentation with the following information: 05 -10 -2016 Minutes Page - 2 - • April 2, 2015 — 58 year old male — Cardiac Arrest — Members from Lake Dunlap Volunteer Fire Department, Chief Valdez, Chief Torres, Josh Moses, Elisha Herevia, Nicholas Alvizo and City of Schertz EMS Mike Jernigan and Matt Troncoso dispatched for an unconscious party; CPR was in progress by the family, first responders arrived and continued CPR. First responders established an airway, got pulses back and then lost pulses again, defibrillated a total of 9 times, transported to hospital where pulses were retrieved back. • May 22, 2015 — 95 year old - female — Cardiac Arrest — Members of Schertz Fire Department, Matt Hamilton, Alex Armstrong, and Brian Krask, members of Schertz EMS Jason Burch and Matt Gonzales dispatched for a cardiac arrest; CPR in progress by assisted living facility personnel. Fire Department members arrive with the supervisor and provided CPR; ROSC obtained, patient transported. Although the patient was discharged from the hospital, she died about 8 months later. That was 8 more months that her family got to spend with her — they are very appreciative. • August 15, 2015 — 52 year old male — Cardiac Arrest — Members of the Universal City Fire Department Capt. Jesse Hubbard, Victor Gonzales, Stephen Darnell, and Matt Keller. Members of Schertz EMS Luis Sanchez, Mat McCollum and Toni Bradford dispatched to Gold's Gym. Fire Department arrived on scene — no bystander CPR, EMS crew arrived and found Rescue 5 doing CPR. Cardiac Meds, got pulses, lost pulses, got pulses back, shocked 4 times, alive today because of all the crews. • September 21, 2015 — 27 year old male — Overdose — Members of Schertz Fire Dept. Lt. Carl Berghofer, Justin Schwersinske, Tom Hollick, Zach Jewett, Schertz EMS Chris Foerster, Toni Bradford and Schertz Police Officer Danny Trevino — Officer Danny Trevino found patient on couch, pulled him onto the floor, not breathing, no pulse; he began CPR, after one round of CPR, patient regained pulses, EMS Crew and Fire Department crew arrived, managed to open his airway, gave medication to reverse what he took. • October 14, 2015 — 55 year old female — Cardiac Arrest — Universal City Fire Department crew Capt. Jesse Hubbard, Lt. Kevin Pfluger, Christian Zambrano, Trent Rogers and members of Schertz EMS Matt Garcia and Edwin Feaster dispatched to a seizure call, EMS Crew and Fire Department arrived to fmd the patient not breathing and no pulse, shocked once, started hypothermia to preserve brain function, patient walked out of the hospital a week later. • January 12, 2016 — 75 year old male — Cardiac Arrest — Members of the Schertz Fire Department Lt. Chris King, Jason Tymrak, Myron Boerger, members of the Schertz EMS Raul DeLeon, Matt Troncoso and bystander Justin Ball — Dispatched to Wal- Mart parking lot for a fallen party; two (2) bystanders were on scene, began CPR, still pulseless and apneic upon our crews arrival — continued CPR, as they loaded him into the ambulance, he woke up — Mr. Broaddus is also here this evening. • November 11, 2015 — Newborn infant — Respiratory Arrest — Members of the Schertz EMS Matt Troncoso, Katie Kirk and Luis Sanchez — dispatched to a residence, home delivery, and crew arrived to a baby that wasn't breathing, Welcome Ben and Katy Schlomach and their baby boy Colin. All crew members received a certificate of recognition. Mayor Pro -Tern Edwards and all Councilmembers congratulated every member present this evening. Mayor Pro -Tem Edwards also shared a personal experience with the audience. 05 -10 -2016 Minutes Page - 3 - • Proclamation recognizing National EMS Week. (Mayor Carpenter /J. Mabbitt) Mayor Pro -Tem Edwards read and presented the proclamation recognizing National EMS Week to all members of EMS and Fire who were present. • Presentation regarding the Hal Baldwin Scholarship Award Recommendations. (J. Kessel/S. Gonzalez) Mayor Pro -Tem Edwards recognized Assistant to the City Manager Sarah Gonzalez who stated that the Hal Baldwin Scholarship Committee met this evening and reviewed all the applications and as a result they will be recommending to Council that the full scholarship of $5,000 be awarded to Ms. Elena Garcia. Ms. Gonzalez stated that next week council will be approving a resolution authorizing the award and that Ms. Garcia will be available to accept it. Hearing of Residents Mayor Pro -Tem Edwards recognized the following individuals who spoke: • Ms. Pamela Cox, Chairman of The Chamber Board, representing The Chamber who shared the following upcoming events: - Tuesday, May 17, 2016, Chamber monthly luncheon. Topic: Cyber Security - Thursday, May 19, 2016, Chamber Mixer @Legacy at Forest Ridge, 5:30 p.m. - Next month's luncheon will not only celebrate their 11th Anniversary as the Chamber but they will also be featuring the graduation of the 4th Leadership Core Class; keynote speaker is Mayor Michael Carpenter. - Save the Date: June 25, 2016, 2nd Annual Home Living Showcase, Schertz Civic Center, free to the public, 10:00 a.m. to 2:00 p.m. For an update on any of these events please go to their website, The Chamber.info or call their office. • Mr. Robert Brockman, 1000 Elbel Road, who spoke against approval of agenda item #4, Ordinance 16 -5 -12 and changing the setback requirements. Workshop • Conduct a Public Hearing and presentation/discussion regarding the Woman Hollering Creek pg Wastewater Line Project. (B. James/K. Woodlee) Mayor Pro -Tem Edwards recognized City Engineer Kathy Woodlee who stated they were before council a few weeks earlier updating them on some challenges they had been experiencing with gaining rights of entry from a few property owners. They are back tonight to provide another update and answer some questions that had come up last time. Ms. Woodlee went through a PowerPoint presentation and answered questions. Some of the highlights included the following: 05 -10 -2016 Minutes Page - 4 - The Woman Hollering Creek project is the wastewater line that will serve a good portion of southern Schertz and feed the new proposed CCMA treatment plant. The first step is gaining rights of entry from the 26 property owners so the surveyor can evaluate conditions for determining where the best locations are to lay the line. A public hearing was held last month on April 12a'. Both council and affected property owners who were present had questions. As a result of that meeting staff has suspended surveying efforts until they can get some concerns resolved. The first thing they are addressing is to provide a report. of the wastewater release that happened in northern Schertz on February 1. There was a blockage at the location in the metering station where sewage is metered before it goes to New Braunfels Utility. The meter clogged and wastewater backed up into the system in Schertz and liquid was discharged from under the ring and cover of a third manhole that was in some disrepair. She provided a map and pictures of the location. Corrective action was taken immediately upon discovering the situation. We unblocked the meter, notified TCEQ, removed the liquid from the surface with our vac -truck and sprayed chlorine disinfectant on the affected surfaces. They also notified three residents who are served by private water well to boil their water until a test could be done to confirm the well water was safe. A few days later an analysis was performed and the results were clear. TCEQ visited the site to ensure proper steps were being taken. Schertz placed a public notification in the Express News per TCEQ guidelines and we will continue. improving and repairing that area where the leak occurred. Ongoing actions include future weekly inspections of that manhole area and educating some of the local businesses on the disposal of improper solids in that line. Additionally, Schertz Public Works Department has put together a specific plan tailored for the City of Schertz to provide better response readiness in the future and educate staff members. Some questions of concern by property owners and the city's response are as follows: What is the plan for monitoring well water and creek water for possible contamination? Generally speaking, it is not typical practice to do continuous monitoring of water wells because the occurrence of a problem is extremely low. Should a release happen, TCEQ and city protocol will be followed: 1) notify residents /property owners, 2) disinfecting and/or testing of the water. Just for information, some sections of TCEQ rules indicate that sanitary sewer lines may be located as close as 10 feet from a ground water source, which is closer than septic systems are allowed or livestock pastures. This is a positive indication of the safety of sanitation sewer lines when designed and constructed properly and the expectation of any sort of release. What protection can be provided around surface features to maintain the safety of cattle? Experience shows the safety of livestock is not negatively impacted or threatened by the presence of manhole structures. However, if a property owner desires, a standard fence (T- posts and barb wire) can be erected around the manholes. What if cows die? Who is responsible? If the property owner believes the cow(s) died as a result of the sewer system, a claim would have to be submitted and processed through the established city process of personal injury or 05 -10 -2016 Minutes Page - 5 - property damage. Claims are investigated and resolved through the Texas Municipal League (TML). Provide clarification of construction materials. Generally, materials will be finally selected after geo technical borings are performed so soil conditions can be analyzed and different material types would, be considered. Manholes will be pre -cast or cast -in -place concrete with cast iron lids; the gravity portion of the pipeline would be either PVC or HDPE (high density polyethylene) -a thick walled semi- flexible pipe. The force main will be constructed of ductile -iron, PVC, or HDPE. The lift station wet well will be either concrete or fiberglass. Provide typical details of creek crossings. The method of crossing depends on natural conditions and line design, such as the configuration and material of the creek bed, depth and velocity of flow and the characteristics of land on each side of the creek —how much space is available for construction. The two most common crossing methods are boring and flow diversion and open cut trench. Provide details of manhole installation in floodplains. Per TCEQ Rules, Chapter 217, manholes located within the 100 -year floodplain shall have gasketed and bolted covers. At that point they are rendered water proof. Venting must be provided at less than 1,500 foot intervals. Vents shall be above the 100 -year flood elevation. Sanitary sewer lines located within a zone of potential erosive stream velocities will be capped with concrete to prevent scouring of backfill and exposure of the line. How is the line's integrity affected by the known clay soils in the area? Unsuitable material in the trench is over - excavated and replaced with more stable material, such as pea gravel or washed stone. The pipe is bedded and backfilled with clean, non- expansive, stable material. This more stable material helps deflect the potential of the native clay soils to shrink and expand and move that pipe. How will all the construction equipment access the site? Will landowners' private roads be used on each property? If so, will compensation be given to make repairs on these roads? During the survey, landowners' roads may be used to access the pipeline route. Coordination with the landowners is needed and has been requested. During construction, temporary fencing will be erected along the pipeline route. The contractor will access the construction area through the easement. The vast bulk of the heavy construction equipment will not be using property owners' driveways. After construction, the City of Schertz maintenance personnel will access the pipeline through the easement and through gates installed during construction. Any property damage that is believed by the property owner to have been caused by survey, testing, or construction activities will be handled through the City's standard process for personal injury or property damage claims. Will temporary fencing be provided around equipment 'and materials during construction process for protection of cattle? Temporary fencing will be erected to control access to the limits of construction. All construction equipment and materials will be maintained within the limits of construction. Access to or across the easement needed by the property owner will be coordinated at the time of construction. 05 -10 -2016 Minutes. Page - 6 - Will creek water flow be stopped during construction? If so, will alternative water be provided to the cattle? It is not anticipated that creek flow will be stopped during construction. In the event that access to water by livestock needs to be restricted, an alternative source will be provided. Will compensation be liven in the event that crop production and grazing is disrupted and lost? Any expected potential loss of crop production or grazing due to the presence of the wastewater easement may be included as part of the negotiation for compensation for the easement. Will trees be replaced or will the landowner be compensated for lost trees? Efforts will be made during design of the wastewater line and alignment of the easement to avoid trees as much as possible. Because the presence of trees in the vicinity of utility lines are problematic (conflict with equipment access and operation, root intrusion into lines and manholes), the easement will be cleared of trees. If a tree is located near the edge of the easement, consideration will be given to its preservation. Trees that will be removed will be identified during the design phase of the project. Provide documentation of land use assumptions and how JLUS is being taken into account. Land use assumptions are used to estimate demand which is used to determine the size of lines needed. Expected land use is based on existing zoning, land use designations in the Comprehensive Plan, Special Studies and Plans such as the JLUS, and existing development patterns. The JLUS shows less intensive residential development in the APZ 2 (Accident Potential Zone) and areas between the APZs than was previously anticipated. When this project was perceived in 2011 and added to the Capital Improvement Plan (CIP) in 2011, we did develop a new potential land use plan using the assumptions of the JLUS and the Gateway plan that came in between the last capital improvement plan and now. Will the line cut through fields or follow propelly lines? Where practical, based on topography and tree locations, the wastewater line will be routed along property lines. Why don't developers pay for the line? Developers' contributions through impact fees are being used to pay for the design and construction of the line and future impact fees are anticipated to be used to reimburse the City for a portion of the costs. Consider alternatives including multiple lines to be able to serve same (or comparable) sewer shed as proposed option. Provide cost analysis of alternatives. (See Chart below) 05 -10 -2016 Minutes Page - 7 - Was a route down Woman Hollering Road considered as an alternative solution? If so, why was it not chosen as it would have little to no environmental impact? Routing the line in Woman Hollering Road would add approximately a mile to the length of the line. The line would be significantly deeper along that route in order to be able to serve the same sewer shed as the proposed route. It is likely that a collection line will be constructed in Woman Hollering Road in the future. That line would then connect to the Woman Hollering Creek trunk main. Provide details for -property owners interested in connecting to the sewer line versus continuing using septic tanks. Connections to the new trunk main will be addressed on an individual basis with each property owner. Factors to be considered include the size of property to be served and potential future development of property. Some costs may be included in easement compensation negotiation and other costs may not be included. The next steps are: finish acquiring rights of entry, complete survey, complete engineering and design, acquire easements, and release project for bid and construction. Mayor Pro -Tem Edwards opened the public hearing and - recognized the following who spoke: Mr. Allen Wiederstein, 8175 Trainer Hale Road, who stated the proposed line will be going through his property that his family has owned for 100 years. We have no benefits coming out of this at all, not only himself but his neighbors. He stated they do not plan on selling. As far as tapping in for the sewer line, there is going to be nothing for us. He stated that at the previous meeting Mayor Carpenter asked Ms. Woodlee about the FM 1518 route (yellow route) and which way the water would flow; she indicated easterly 05 -10 -2016 Minutes Page - 8 - toward the creek, which is correct. She has mentioned every depth site on FM 1518 rather than on that one leg that comes up from the creek up towards FM 1518, which is going uphill. She has never mentioned the depth of that. It's always the depth of along FM 1518 or whatever. As far as the Woman Hollering Creek and how you have to come back up FM 1518, he has never heard the depth of that. It's always a 60 foot towards IH 10. He has a problem with this. The access to his property, and he has thousands of dollars of tools and equipment, how do we address that problem if he is not there, and he is not taking off work to have this done, how would you resolve this problem if it occurs? Mr. Wiederstein stated that he is totally against this project. Ms. Maria Ellison, 12762 Woman Hollering Road, who stated that she is also against this project although she is talking to individuals to come look at her land. She indicated that she was not sure Council was aware that we, in that area, are not allowed to vote for you. So we have no say so in who all is sitting on the dais and taking their land and rights. Mayor Pro -Tern Edwards stated as factual information only, yes, they are in the City's ETJ. Ms. Ellison, stated correct and for the City coming and saying this is what we are going to do, and this is how we are going to propose this, she just wanted Council to understand and k_ now that they have no say so as who sits on the Council. Mayor Pro -Tem Edwards stated as factual information, that this has no bearing on their decision. Ms. Ellison also stated that Woman Hollering Road is a private road, as far as being able to access any of the construction sites; she is hopeful that the city will be meeting with them. Ms. Woodlee stated that yes they would. Ms. Ellison stated that she had a conversation with Ms. Woodlee in regard to her neighbors, they live on Woman Hollering Road, those that are on the creek have been advised of what is going on, the other neighbors had no knowledge of what was going on. Ms. Ellison asked if Ms. Woodlee was able to let them know. Ms. Woodlee stated that they have not reached out to property owners that do not own properties on which we are working to acquire rights of entry. Ms. Ellison stated that this was part of her concern because they are a community and look after one another. As far as her community, there are only 21 houses on that road and for all not to be notified or included on the project is a problem and she would like for all to be included on what is going on if possible. - Mr. Andy Herrera, 8215 Trainer Hale Road, who stated that he has heard from Ms. Woodlee and others that everyone is for this, but he asked everyone around him, his neighbors, and they are not for this. Where are the people that is for this? Mr. Herrera asked where Mayor Carpenter was today. In response, Mayor Pro-Tern Edwards stated the Mayor is out of town today and will be back next week. Mr. Herrera asked if there was going to be another meeting. Mayor Pro-Tern Edwards indicated that there will be further discussion on this particular item. Mr. Herrera asked what could the City do for him on the ones that voted for this, as he said he has asked everyone around him and they are not for this project. Mayor Pro -Tem Edwards asked City Manager John Kessel if we had a record of those that voted for or against. Mr. Kessel stated that it was a bit unclear exactly what Mr. Herrera is asking for, as for a previous vote. If he is asking for whom on City Council was present when the sewer treatment plant was mentioned. Mr. Herrera interrupted and stated that he wanted the record list of those that wanted the sewer line. Mayor Pro -Tem Edwards recognized Ms. Woodlee who stated that she presumes there is a misunderstanding because there hasn't been a vote; there hasn't been any question as to Whether someone supports the line or not, we have simply asked property owners to allow 05 -10 -2016 Minutes Page - 9 - the city /contractors rights of entry to survey on the property. We have 20 rights of entry that have been granted. We know that at least two of them are very much against the line, so it's not a matter of whether one is for the line or against the line, we are simply documenting who has allowed us permission to do the survey. Again, Mr. Herrera asked if they could give him an answer as to yes or no because that was just on the survey part. Mayor Pro -Tem Edwards stated that given this is a public hearing he is going to say a couple of things. We cannot debate back and forth, so after the public hearing the council can debate and get staff to answer some of the questions being asked at that point. However, the 20 rights of entry that were given, he is assuming the people have given the survey crews the right to come in and do what they need to do, which is give the direction for the line to go in, that is all they have done. Even if they were against it, and if they have told him that they were against it, and they said they are going to give them the right to go in and survey, he is thinking that's what they have done. Mayor Pro -Tem Edwards stated that he would be more than happy to have City Manager John Kessel and City Engineer Kathy Woodlee and Executive Director Brian James follow up with him in greater detail. Mr. Herrera continued stating what Mr. Wiederstein was speaking on before, we have a lot of equipment and he knows it has happened to other people, where a crew comes in, does their business and then all of a sudden things are missing — we don't want deadbeats on our property, to be straight forward. If there is a way that the City can help them with that, he will work with the City. Mayor Pro -Tem Edwards thanked Mr. Herrera. Mayor Pro -Tem Edwards closed the public hearing as no one else spoke and opened it up for Council comments. Mayor Pro-Tern Edwards recognized Councilmember Fowler who stated it is a legal position that once a right of way is established the contractor is not allowed to deviate from the right of way or he could be liable for damage to the property. Therefore, there are restrictions from the contractor's standpoint. Mr. Fowler said he had two questions: 1) How deep are we going to have to go in the Woman Hollering Creek? (answer: 10 -20 feet), and 2) How is it going to be dug, with a ditcher? (answer: most likely it will be open cut). Also, once a contractor is on board, they will determine the most efficient way to construct and erect fencing if needed, to keep livestock at bay. Mayor Pro-Tern Edwards recognized Councilmember Azzoz who asked if we had other alternative line routes in the event we don't get the one we want. Ms. Woodlee said there are alternatives, but they all have pros and cons. Examples are, the cost would be much higher, more land parcels will be affected, and the line will be much more difficult to maintain because of its depth. Selecting a different route other than the recommended one will basically result in almost doubling the cost and it will affect 32 -40 properties rather than just 26 properties. Mr. Azzoz asked what would happen if the property owners, in the end said no we don't want this. For the record, he is against eminent domain, which ultimately could be a possibility. 05 -10 -2016 Minutes Page - 10 - City Manager John Kessel said in the end what we are really saying is does city council wish to have a sanitary sewer project which we have already started or do we not? There are different impacts on determining the best route to get there, such as financial and social impact(s). Counncilmember Azzoz concern is strongly with the social impact. Public Works employees are also affected due to the long term maintenance that will be necessary. Council can certainly direct staff not to go forward with this project but that would change quite a bit of other previous directives that council has already given. Mayor Pro -Tem Edwards recognized Councilmember Thompson who said he would like to commend city staff for accumulating the questions and getting some more answers. He particularly appreciates PowerPoint slide No. 37, which displays the different alternative line routes and their cost analysis. While we may not like all the answers, we do have them to work from. He gave another example of a past decision by the council to purchase future water rights but also in turn had to raise taxes. Council needs to continue to look 10, 20, 30, and 40 years down the road in order to make present decisions that are tough now but in the best interest for the city later. The overview slide shows very clearly that yes there is going to be an impact to families no matter what route is chosen, and yes there is going to be a cost. It is therefore the role of city council to either (a) cancel the entire project, or (b) choose which route we go. That is not our decision tonight, but his guess is that they will choose a route and no matter what route it is, it will be unpopular. Mayor Pro -Tem Edwards recognized Councilmember Fowler who said we should go back to the beginning and ask, why do we want to do this project in the first place? Mayor Pro - Tem Edwards answered saying we have annexed land all out along south FM 1518, where a lot of development is happening. It is not feasible or safe to put septic tanks in everyone's back yard. We have had more septic system failures in the past than we have had sewer issues. This area of the city is continuing to grow and along with that, the city needs to provide services to the residents. Councilmember Fowler stated that CCMA has requested this tie -in because they are already building this sewer plant out in this area. More discussion was held between Council, Ms. Woodlee and Executive Director Brian James regarding the areas in and out of the city's service area. Councilmember Azzoz spoke again about his concern regarding getting the property owners on board in lieu of resorting to eminent domain. In regard to sewer systems, he said they are like anything else, they work as good as you build them. Mayor Pro -Tem Edwards stated they will have more discussion on this project in the future and will wait for it to come up on a future agenda. Councilmember Fowler stated he wanted to end on a positive note stating that when this line is put in it will enhance the value of the property owner's land for future development, whether you choose to sell your property or not. Some folks will look at it and see it as a positive as the older community gradually lets the younger generation take over. His experience on council has shown him that a lot of younger people decide to sell out. He feels the value of the land will go up whether you sell it or not. The development that happens around you drives this. It is something for you (the property owners) to consider. Consent Alzenda Items 05 -10 -2016 Minutes Page - 11 - 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 Regular ._ Meeting of May 3, 2016. (J. Kessel/B. Dennis) 2. Ordinance No. 16 -A -10 — Consideration and/or action approving an Ordinance by the City Council of the City of Schertz, Texas, providing for the extension of the boundary lines of the City of Schertz, Texas by the annexation of approximately 4.138 acres of land located in the William Bracken Survey No. 74, Abstract No. 43, Bexar County No. 5056, and the W. S. Bennett Survey No. 75, Abstract No. 61, Bexar County No. 5057, located all in Bexar County approximately 3,000 feet east of the intersection of FM 1518 and Ray Corbett Drive. Final Reading (B. James /L. Wood/B. Cox) 3. Ordinance No. 16 -S -11 — Consideration and/or action approving an Ordinance by the City Council of the City of Schertz, Texas regarding a request to zone approximately 4.138 acres of land to Public Use District (PUB). The property is more specifically described as a portion of the William Bracken Survey No. 74, Abstract No. 43, Bexar County No. 5056, and the W.S. Bennett Survey No. 75, Abstract No. 61, Bexar County No. 5057, located all in Bexar County; located approximately 3,000 feet east of the intersection of FM 1518 and Ray Corbett Drive. Final Reading (B. James/L. Wood/B. Cox) 4. Ordinance No. 16 -S -12 — Consideration and/or action approving an Ordinance by the City Council of the City of Schertz, Texas on a, request to rezone approximately 2.76 acres of land in the Verde Enterprise Business Park Planned Unit Development (PUD) Ordinance 07 -S -14A to Planned Development District (PDD). The property is specifically Lot 1, Block 9 of the Verde Enterprise Business Park Unit 2 and is located at 17145 IH -35N in the City of Schertz, Guadalupe County, Texas. Final Reading (B. James/L. Wood/B. Cox) Mayor Pro -Tern Edwards recognized Councilmember Azzoz who moved, seconded by Councilmember Fowler to approve the consent agenda items 1 -4. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. Discussion and Action Items 5. Boards, Commissions and Committee Member Appointments — Consideration and/or action ratifying the appointment of Ms. Shonale Burke to the Committee of Committees Advisory Board due to the resignation of Mr. Howson Lau. (B. Dennis/Mayor /Council) Mayor Pro-Tern Edwards read the above caption and asked if anyone wanted to make a motion. Mayor Pro-Tern Edwards recognized Councilmember Azzoz who moved, seconded by Councilmember Thompson to approve the appointment of Ms. Shonale Burke to the Committee of Committees Advisory Board. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. 05 -10 -2016 Minutes Page -12 - 6. Ordinance No. 16 -T -13 — Consideration and/or action approving an Ordinance authorizing the transfer of funds from the Tree Mitigation Fund to the Parks Tree Mitigation account for FY 2015 -16, repealing all Ordinances or parts of Ordinances in conflict with this ordinance. First Reading (B. James /C: VanZandt) The following was read into record: ORDINANCE NO. 16 -T -13 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE TRANSFER OF FUNDS FROM THE TREE MITIGATION FUND TO THE PARKS TREE MITIGATION ACCOUNT FOR FY 2015 -16; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; Mayor Pro -Tem Edwards recognized Director of Parks and Recreation Chuck VanZandt who stated the City of Schertz has been approached by both CCMA and SCUCISD to enter into Interlocal Agreements with each entity to utilize Tree Mitigation Funds to support new tree installation and associated irrigation for new construction projects underway by both entities. CCMA is in the process of building a new sewage treatment plant in south Schertz to provide service for an ever - increasing residential demand in that area. SCUCISD is in the process of expanding parking around the main campus building perimeter at Wilder Intermediate School. Both projects involve the installation of trees (and associated supporting irrigation systems) as required under the City of Schertz Unified Development Code and both entities have requested that this requirement be funded through the use of Tree Mitigation funds. The first part for this ordinance talks about the money. The total amount of funding the SCUCISD has come to us for is $14,443.50. The CCMA is asking for $17,500.00, for a total of $31,943.50. That would be transferred from the Tree Mitigation fund to the Parks and Recreation Tree Mitigation account. Mayor Pro -Tem Edwards recognized Councilmember Azzoz who moved, seconded by Councilmember Fowler to approve Ordinance No. 16 -T -13, first reading. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. 7. Resolution No. 16 -R -35 — Consideration and/or action approving a Resolution authorizing the approval of Interlocal Agreements with CCMA and SCUCISD for the use of Tree Mitigation Funds. (B. James /C. VanZandt) The following was read into record: RESOLUTION NO. 16 -R -35 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE APPROVAL OF THE USE OF TREE MITIGATION FUNDS TO SUPPORT TREE INSTALLATION FOR CCMA AT THEIR NEW SEWAGE 05 -10 -2016 Minutes Page - 13 - TREATMENT PLANT ON FM 1518 SOUTH AND TO SUPPORT TREE INSTALLATION FOR SCUCISD AT WILDER INTERMEDIATE SCHOOL, AND OTHER MATTERS IN CONNECTION THEREWITH ( Mayor Pro -Tern Edwards recognized Director of Parks and Recreation Chuck VanZandt who stated this item is to get permission for the city manager to sign the agreements and then use those funds to pay for those items. First up we had the ordinance to talk about the money and now we have the resolution to get the approval for the interlocal agreements. Executive Director Brian James reminded council that this is all dependent upon approval of the budget at the next meeting on the 24th. Mayor Pro -Tern Edwards recognized Councilmember Thompson who moved, seconded by Councilmember Azzoz to approve Resolution No. 16 -R -35. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. 8. Ordinance No. 16 -D -07 — Consideration and/or action approving 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 Section 86 -115, Maximum limits generally on specific streets, adding the maximum speed limits for FM 1518 and changing the maximum speed limit on FM 2252. First Reading (B. James/K. Woodlee /C. Palomo) The following was read into record: ORDINANCE NO. 16 -D -07 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 SECTION 86 -115, MAXIMUM LIMITS GENERALLY ON SPECIFIC STREETS; AND PROVIDING AN EFFECTIVE DATE. Mayor Pro-Tern Edwards recognized City Engineer Kathy Woodlee who stated they were contacted by TxDOT a while back and suggested the city change the speed limits on two different segments on two different farm -to- market roads here. Staff then discovered that the codified ordinance did not include any speed limits on FM 1518. So now we are actually codifying all the speed limits on this road within the city limits. She displayed some maps and showed the various sections of road and their respective speed limits. The other portion being added to the ordinance is the southern part of FM 1518. Staff did take their recommendations to the Transportation Safety Advisory Commission (TSAC) and they approved of it. The other amendment to the ordinance is on FM 2252 reducing a speed of 55 mph to 45 mph. Again this was recommended by TxDOT. Ms. Woodlee addressed questions from Council. Mayor Pro -Tem Edwards recognized City Manager John Kessel who stated in answer to Councilmember Thompson's question regarding the 55 mph speed limit, he stated that TxDOT typically does an 85th percentile speed study and may typically set that speed, so they would not by their own standards set it for 55 mph if the 85th percentile was 45 mph. He stated that we would probably reach out to them and verify that this was in fact the result of the 85th percentile study, which is how the people are actually driving out there. Mr. Kessel 05 -10 -2016 Minutes Page -14 - did state that during various times of the day he does know that there are varying speeds. Ms. Woodlee continued answering various questions from Council. Mayor Pro -Tem Edwards recognized Councilmember Azzoz who moved, seconded by Councilmember Thompson to approve Ordinance No. 16 -D -07. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. Mayor Pro -Tem Edwards moved to Agenda Item No. 12. 12. Information available in City Council Packets - NO DISCUSSION TO OCCUR • Amended 2016 City of Schertz Master Calendar and Council Calendar. (J. Kessel/S. Gonzalez) Mayor Pro -Tem Edwards stated, for the record, made note of the above item stating that this was information to Council in their packets and it is also available for those who want to view it on our website. Roll Call Vote Confirmation Mayor Carpenter recognized City Secretary Brenda Dennis who provided the roll call votes for agenda items 1 -8. Requests and Announcements 9. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives Mayor Pro -Tem Edwards recognized City Manager John Kessel who stated he was able to meet with the TxDOT District Office and got a price for the FM 1103 bridge - - -an additional $8 million project for calendar year 2017. It will take about two years to construct. What this means is that the city voters put in $7 million in the last bond election and TxDOT and the MPO have matched that with additional funds for a total of $31.5 million. This is an example of good leveraging of funds and a great partnership in this region: 10. 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. 05 -10 -2016 Minutes Page - 15 - Mayor Pro -Tern Edwards recognized Councilmember Azzoz who requested two items: 1) An update on Mr. Henry Gutierrez's investigation case, information that can be shared, and 2) Information regarding the city's current trend of hiring and promoting staff members for the purpose of attaining a more diversified group of individuals in upper management positions. City Manager John Kessel offered to get with the Human Resources Department and run a report to gather some facts and then present that information to council. 11. 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 Mayor Pro -Tem Edwards recognized Councilmember Fowler who stated the Love Where You Live group is currently looking at some more ideas on how to expand upon their current projects in its effort to assist more of those residents in need in this community. Mayor Pro -Tem Edwards recognized Councilmember Azzoz who stated he enjoyed the Schertz Sweetheart Court Coronation held on May 5. He thanked Ms. Mary Spence and Ms. Erin Matlock for their efforts in arranging this event. He enjoyed the show, especially `Christine' whose performance he really appreciated. Mayor Pro-Tern Edwards recognized Councilmember Thompson who stated he wanted to thank two groups: 1) the people involved in carrying out the events for the Sweetheart Court, and 2) the individuals who are responsible for fixing the lights on Schertz Parkway. Mayor Pro -Tem Edwards also complimented the staff and others behind the scenes responsible for the Sweetheart Court event. He stated Yvonne Deleon (from the Baptist Hospital) has a band who will be playing this next weekend at the HEB 3009 Restaurant. Kopia is the name of her band, and he promised her he would try to encourage some folks from the city to come out. He also stated his two sons are about to make a decision to serve full time in the military. As we see the change in our nation and the globe, he just wants to commend them for what they are doing because it does make a difference when you are the father and you know they are called to greatness. He also stated that his daughter will represent the local high school district at the state tournament in the 400 meter run and she especially loves Pining out of lane number 4, where she generally turns out a new personal record. She is a junior now and she has gotten better and better each year and he is proud of her. He ended by saying he is very happy to see what we are doing in our city. We have people here who truly care. He thanked everyone for all the work that they do. 05 -10 -2016 Minutes Page -16 - Adiournment Mayor Pro -Tem Edwards adjourned the meeting at 8:09 p.m. Edwards Mayor Pro -Tem T: Brenda Dennis, City Secretary Page - 17 - 05 -10 -2016 Minutes