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10-25-2016 MinutesMINUTES REGULAR MEETING October 25, 2016 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on October 25, 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 Jim Fowler Councilmember Daryl John Staff Present: Executive Director Dudley Wait City Attorney Charles Zech Call to Order — City Council Regular Session Mayor Pro -Tern Cedric Edwards Councilmember Grumpy Azzoz Councilmember Robin Thompson Executive Director Brian James Assistant to the City Manager Sarah Gonzalez City Secretary Brenda Dennis Mayor Carpenter called the meeting to order at 6:00 p.m. Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. ( Councilmember Fowler) Councilmember Fowler provided the opening prayer followed by the pledges of allegiance to the flags of the United States and the State of Texas. Presentation Presentation regarding the Fire Prevention Poster Contest Winners. (D. Wait/D. Covington) Mayor Carpenter recognized Fire Chief David Covington who provided the following information regarding the first Fire Prevention Poster Contest. He stated that they had over 80 entries from the surrounding schools and recognized the following individuals who narrowed it down to the top 10 finalists: City Manager John Kessel, Executive Director Dudley Wait, Superintendent SCUCISD Dr. Greg Gibson, Councilmember Robin Thompson, Fire Chief David Covington and Mayor Michael Carpenter who provided information on the Mayor's Choice. Winners: K -4 1St place — Deyton Boney (2nd grade — Rose Garden Elementary.) 2nd Place — Deja Smith (4th grade — Schertz Elementary) Tie for 3rd place — Daniella Anderson (2nd Grade — Rose Garden Elementary) and Brady Morrison (4th Grade — Sippel Elementary) 5th -8th grade 1St place — Trace Furlong (5th grade — Wilder intermediate) 10 -25 -2016 Minutes Page - 1 - Mayor's Choice Samantha Swift (3`d grade- Cibolo Valley Elementary) Each student was recognized and awarded a trophy. Mayor and Council thanked all those that participated. - Presentation regarding the Library Foundation Miniature Golf Event. (B. James/M. Uhlhorn) Mayor Carpenter recognized Library Director Melissa Uhlhorn who stated she was here this evening to publically acknowledge members of the Library Foundation along with staff members who successfully held a fund raising event entitled T -Off, 18 Hole Miniature Golf Course in June at the Library. Members of the Foundation include: Ms. Gail Douglas, Ms. Sandy Keiser, Mr. Jo Lott, Mr. Jerry Mendenhall and Ms. Joyce Debuysere. The Foundation pledged $5,000 and met their goal; the money raised will be used for electronic resources for the Library. Ms. Uhlhorn presented Foundation members present with a certificate of appreciation and stated that since the event was successful they are planning another event next June. City Events and Announcements • Announcements of upcoming City Events (B. James/D. Wait/S. Gonzalez) Mayor Carpenter recognized Assistant to the City Manager Sarah Gonzalez who provided the following announcements: • Thursday, October 27, University Health System Groundbreaking, 601 Runnels Ave, San Antonio at 10:00 a.m. Invitation by Commissioner Calvert, Judge Nelson Wolff, and Vice -Chair Bexar County Hospital District Board of Managers. • Thursday, October 27, Guadalupe Valley Family Violence Shelter & Regional Crime Victim Liaison, Candlelight Vigil honoring victims & survivors of domestic violence, Pickrell Park Small Pavilion, 6 -7 p.m. For more info call 210 -619 -1250. • Friday, October 28, Coffee with The Chamber, 1730 Schertz Pkwy, 7:30 -9:30 a.m. Coffee provided by Emily's Place of Cibolo. • Saturday, October 29, Trunk or Treat and Movie in the Park - Event kickoff 5:00 PM. Movie at 7:30 PM Safe trick -or- treating, costume contest, spooky hay ride, pumpkin patch photos, Halloween maze and Movie in the Park featuring Hocus Pocus. Presented by Schertz Parks and Recreation. Contact Fire Marshal John Perry X 1313 for more information. • Monday, October 31, Halloween Festival — Schertz United Methodist Church Parking Lot, 3460 Roy Richard Drive, 5 -8 p.m. family friendly Halloween celebration with games, prizes, food, candy give -a -ways. • Tuesday, November 1— City Council meeting 6:00 p.m. • Thursday, November 3 — Sneak Peak event at the Natatorium 5:00 p.m. to 7:00 p.m. 10 -25 -2016 Minutes Page - 2 - SAVE THE DATE: ® Friday, November 4, 60i Annual Hal Baldwin Golf Tournament /Scholarship, Olympia Hills Golf & Event Center, 8 a.m. -- Check -in, 10:00 a.m. -- Shotgun start. Councilmembers interested in playing please contact the City Secretary's Office. Lastly, early voting has begun and continues through November 0, Election Day is November 8"'. Information on early voting sites as well as Election Day sites can be found on the election banner on our website. • Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who stated he wanted to give a shout out to Permit Technician Debbie Krause who recently passed her Permit Technician Certification. He stated that this was an extensive test and congratulated her on the accomplishment. Mr. Kessel stated that today several of us were at the Playscape and we received a giant check. GVEC has a Power -up Grant Program where you can round up your electric bill and they use those funds from the rounding up portion to provide funding for various projects within the community. One of our recent employees, Assistant Parks Director Lauren Shrum and members of the Parks Department applied for that grant and they were granted $20,000 towards the start of a restroom facility for the families that use the Playscape. We are excited and this is a good start to a fairly expensive project. Mr. Kessel also announced that the City of Cibolo has announced their 2016 Holiday parade to be held on Saturday, December 10, 2016. Information will be available should you wish to participate or contact the City of Cibolo. Hearing of Residents Mayor Carpenter recognized the following individuals who spoke: • Mrs. Maggie Titterington, The Chamber President who provided the following announcements: - Friday, October 28, Coffee with the Chamber — Coffee provided by Emily's Place, Chamber Welcome Center 7:30 to 9:30 a.m. - Friday, November 11, The Chamber along with the MAC Committee and City of Schertz is sponsoring a Veterans Day Ceremony, Schertz Veterans Memorial Plaza at 9:00 a.m. - Saturday, November 12, 2016 Awards Banquet, no monthly November Chamber Luncheon. - Tuesday, December 6, 2016, last Luncheon for the year. At that meeting The Chamber will be revealing the Golf Classic funds that were raised. Additional comments, she has been working with the City of Schertz Executive Director Brian James and Director of Planning and Development Services Lesa Wood and is excited as 10 -25 -2016 Minutes Page - 3 - they have things on the horizon as they are looking at the possibility of stripping Main Street to safely get cars parked during the holiday season. They are still working on getting Wicked Voodoo Coffee at Arlan's Market. Arlan's Market wants to create a drive through and a deli shop in conjunction. They are working with the City on this. Ms. Titterington publically thanked Mr. Gil Durant, Chief Building Inspector and Robin Thompson of The Chamber who assisted in helping with Wellmed securing gas testing requirements. The ribbon cutting for WellMed will be coming up in November. 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 Regular Meeting of October 11, 2016. (J. KesselB. Dennis) 2. Boards, Commission, Committee Appointments and Resignations — Consideration and/or action ratifying the appointment of Ms. Cindy Vigil as an alternate member to the Library Advisory Board and ratify the resignation of Mr. Eric Haugen from the Parks & Recreation Advisory Board and Transportation Safety Advisory Commission. (Mayor /Council) 3. Ordinance No. 16 -S -34 — Consideration and/or action approving an Ordinance on a request to rezone approximately 8 acres of land generally located at the Northwest Comer of FM 1103 and Old Wiederstein, from Single Family Residential/ Agriculture, (R -A) to Neighborhood Services (NS). The property is specifically described as 7.128 acres of land out of the Rafael Garza Survey No. 98, Abstract No. 138, City of Schertz, Guadalupe County, Texas. Final Reading (B. James/L. Wood/E. Grobe) The following was read into record: ORDINANCE NO. 16 -S -34 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 8 ACRES OF LAND FROM SINGLE - FAMILY RESIDENTIAL / AGRICULTURAL DISTRICT, (R -A) TO NEIGHBORHOOD SERVICES DISTRICT (NS). Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember Thompson to approve consent agenda items 1 -3 as presented. 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 4. City of Schertz 2017 Master Calendar — Consideration and/or action regarding the approval of the City of Schertz 2017 Master Calendar. (J. Kessel/S. Gonzalez) 10 -25 -2016 Minutes Page - 4 - Mayor Carpenter recognized Assistant to the City Manager Sarah Gonzalez who stated each year staff drafts a Master Calendar that serves as a planning tool for the upcoming year. This year, staff recommends to continue the "Council on the Go" meeting series, as it was a successful community outreach tool and well received by the public. We propose these meetings to be held on the following dates: February 21St, April 18th and May 16th 2017. Upon approval, staff will secure locations in different areas of the city and plan accordingly. During the year City Council attends multiple retreats which are notated on the Calendar: • Strategic Planning Retreat — 3rd Friday in January (January 20t) • Pre - Budget Retreat — 4th Friday in March (March 24th) • Budget Retreat — 4t' Friday in July (July 28th) • Teambuilding Retreat —1St Friday in December (December V) Additionally, the proposed schedule for the Council Orientation dates are listed at the bottom of the page and will begin at the November 21, 2016 meeting. All above changes are reflected on the 2017 Master Calendar. Staff recommends Council approval of the Master Calendar with the following considerations: • Cancel the January 3, 2017 Council Meeting due to New Year's Holiday • Cancel the July 4, 2017 Council Meeting due to 4th of July Holiday • Cancel the October 3, 2017 Council Meeting due to Texas National Night Out • Cancel the November 7, 2017 Council Meeting due to Election Day • Cancel the December 26, 2017 Council Meeting due to December Holidays • Schedule a November 20, 2017 Council Meeting to canvass election results and swear -in new Councilmembers • Schedule a December 19, 2017 Council Meeting due to December Holidays Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember Azzoz to approve the City of Schertz 2017 Master Calendar. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. 5. Resolution No. 16 -R -81 — Consideration and/or action approving a Resolution authorizing the City Manager to enter into an agreement with A.U.C. Group LP for the Lease of a Pre- packaged Sewer Treatment Plant to expand waste water capacity at the Woman Hollering Treatment Plant. (D. Wait) The following was read into record: RESOLUTION NO. 16 -R -81 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH 10 -25 -2016 Minutes Page - 5 - GROUP OF -11 TREATMENT PLANT TO EXPAND WASTE WATER TREATMENT CAPACITY AT THE i HOLLERING I r OTHER MATTERS IN CONNECTION I ' Mayor Carpenter recognized Executive Director Dudley Wait who stated in 2006 when the Sedona Subdivision was established off of Lower Seguin Road, the City entered into an agreement to provide a temporary waste water treatment plant located near Woman Hollering Creek until a permanent waste water plant could be constructed. As Sedona transitioned to CrossVine the City maintained this commitment including agreeing to expand this temporary plant as necessary to provide treatment capacity as the development expanded. The current pre - packaged treatment plant (train) has a regulated treatment capacity of 46,000 gallons a day. Current waste water flows surpassed 75% of this capacity in June, 2016 and TCEQ regulations require that a plan to expand the treatment capacity be developed. The plan is to place a second train with an additional 46,000 gallons a day capacity to increase the total treatment capacity for CrossVine at 92,000 gallons. Since June, the waste water flows have continued to increase and it is anticipated that the flows will surpass the current train's treatment capacity in early 2017. Cibolo Creek Municipal Authority (CCMA) currently operates this plant for the City. CCMA has worked to locate a second train that can be leased by the City. This train is currently available and work to prepare the site and install the second train will begin immediately once the proposed lease is approved and signed. With the current and planned continued development in CrossVine, it is anticipated that we will need to provide further expansion to this temporary treatment plant before the new permanent waste water treatment plant is constructed and operational off of Trainer Hale Road. The fiscal impact will be a total two year cost of $511,700. This includes design, engineering, site preparation and the actual lease cost of the second train ($10,400 per month) plus a $60,000 setup fee. These funds will be paid from the sewer fund. Staff recommends approval. Mr. Wait addressed comments and questions from Council. Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Mayor Pro- Tern Edwards to approve Resolution No. 16 -R -81. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. 6. Resolution No. 16 -R -78— Consideration and approval of a Resolution approving a Bond Resolution previously adopted by the Board of Directors of the Schertz/Seguin Local Government Corporation authorizing the issuance of bonds designated as "Schertz/Seguin Local Government Corporation Contract Revenue Bonds, New Series 2016 (Texas Water Development Board Swirft Project Financing) "; acknowledging that these obligations were sold to the Texas Water Development Board pursuant to a financing agreement; ratifying, reconfirming, and readopting the provisions of a Regional Water Supply contract executed between the City of Schertz, Texas, the City of Seguin, Texas, and the Schertz/Seguin Local Government Corporation; authorizing the Mayor, the City Manager, and the City Secretary of the City of Schertz, Texas to execute on behalf of the City of Schertz, Texas all 10 -25 -2016 Minutes Page - 6 - documents in connection with this transaction; and other matters in connection therewith (D. Wait /J. Walters/M. McLiney /A. Friedman) The following was read into record: APPROVING A BOND RESOLUTION PREVIOUSLY ADOPTED BY THE BOARD OF DIRECTORS OF THE SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION AUTHORIZING THE ISSUANCE OF BONDS DESIGNATED AS "SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION CONTRACT REVENUE BONDS, NEW SERIES 2016 (TEXAS WATER DEVELOPMENT BOARD SWIRFT PROJECT FINANCING) "; ACKNOWLEDGING THAT THESE OBLIGATIONS WERE SOLD TO THE TEXAS WATER DEVELOPMENT BOARD PURSUANT TO A FINANCING AGREEMENT; RATIFYING, RECONFIRMING, AND READOPTING THE PROVISIONS OF A REGIONAL WATER SUPPLY CONTRACT EXECUTED BETWEEN THE CITY OF SCHERTZ, TEXAS, THE CITY OF SEGUIN, TEXAS, AND THE SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION; AUTHORIZING THE MAYOR, THE CITY MANAGER, AND THE CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS TO EXECUTE ON BEHALF OF THE CITY OF SCHERTZ, TEXAS ALL DOCUMENTS IN CONNECTION WITH THIS TRANSACTION; AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Executive Director Dudley Wait who stated the Schertz Seguin Local Government Corporation ( SSLGC) was founded in 1999 as a non - profit water supply corporation by the cities of Schertz and Seguin. This partnership has successfully delivered high quality drinking water to both cities since 2003. During this time, as the City of Schertz has grown and SSLGC has contracted with other communities for both drinking water as well as transporting other entities drinking water, it has become obvious that time for expansion has arrived. For the last five years, the SSLGC has been planning and beginning development on two projects. The first is a second well field located in Guadalupe County, just over the border from our Gonzalez well fields. This 2nd field will eventually deliver an additional 5 -6,000 acre feet of drinking water which will become necessary for Schertz to continue to provide adequate levels of drinking water to its citizens. Additionally, in 2011, SSLGC entered into an agreement to treat and transport 12,000 acre feet of water for the San Antonio Water System (SAWS). The SAWS water, from their own well field, currently takes up approximately 50% of the pipeline capacity in the 36" pipeline that runs from the south of Seguin to Schertz. Transporting this water has had a significant financial value to both Cities over the last 5 years, but Schertz is beginning to struggle with enough pipeline capacity to move adequate water to Schertz during the high peak summer months. As a result, the 2nd project that SSLGC is preparing to undertake is the building and installation of a second pipeline to be a minimum diameter of 36" as well. 10 -25 -2016 Minutes Page - 7 - This second pipeline will insure that we have adequate pipeline capacity to meet our future water needs through SSLGC and CVLGC and will allow us to sell excess water to other communities for many years to come. On August 30, 2016, the City Council approved an interlocal agreement between the City of Schertz and the City of Seguin that outlined the cost allocation agreement between both cities for the repayment of funding obtained from the Texas Water Development Board. In addition, the City Council authorized the SSLGC Board of Directors to obtain funding through the SWIRFT program for the Guadalupe Project and Parallel Pipeline Project in the total amount of $66,500,000 comprised of both a Low Interest Loan in the amount of $43,670,000.00 and a TWDB Participation loan in the amount of $22,830,000.00. In addition, the City Council approved a resolution in support of SSLGC moving forward with their application for funding from the State. At this time, the funding has been approved by the Texas Water Development Board and the attached Resolutions and associated documents authorize the sale of the bonds necessary through the Texas Water Development Board. The SSLGC Board took action on approving these funding agreements on October 20, 2016. The City of Seguin is slated to obtain City Council approval on November 1, 2016. The City of Schertz is a member of the SSLGC. It is through the SSLGC that the City provides water to its citizens. Approval of this funding application will ensure the future water needs of the city are met. This action will have a fiscal impact on the City of Schertz by increasing wholesale water rates. These rate increases are necessary to continue to provide water that is needed in the future. Mr. Wait recognized Financial Advisory Mark McLiney, SAMCO Capital Markets, Inc., who came forward providing information on the final interest rates regarding the $43,670,000 Contract Revenue Bonds, New Series 2016 (Texas Water Development Board SWIRFT Project Financing and the $22,830,000 Texas Water Development Corporation Board Participation Program 2016 answering questions from Council. Staff recommends approval. Mayor Carpenter stated that a few weeks prior, this project would not have been possible without the hard work of our Executive Director Dudley Wait and members of the Executive Staff who met with the City of Seguin to finalize and secure this project. Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Mayor Pro - Tem Edwards that the City Council approve Resolution No. 16 -R -78 approving a Bond Resolution previously adopted by the Board of Directors of the Schertz/Seguin Local Government Corporation authorizing the issuance of Bonds designated as "Schertz/Seguin Local Government Corporation Contract Revenue Bonds, New Series 2016 (Texas Water Development Board SWIRFT project financing. The vote was unanimous with Mayor Pro - Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. 10 -25 -2016 Minutes Page - 8 - 7. Resolution No. 16 -R -79 — Consideration and/or action approving a Resolution authorizing a grant application to FEMA for Assistance to Firefighters Grant to fund Fire equipment. (D. Wait/D. Covington/K. Long) The following was read into record: RESOLUTION NO. 16 -R -79 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A GRANT APPLICATION TO FEMA FOR ASSISTANCE TO FIREFIGHTERS GRANT TO FUND FIRE EQUIPMENT Mayor Carpenter recognized Fire Chief David Covington who stated Schertz Fire Rescue seeks to use Assistance to Firefighters Grant funds to purchase Wildland personal protective equipment (PPE). The Fire Department responds to wildland and grass fires on Interstate 35, Interstate 10, highways 3009, 1516, 2252, 78, and 482, as well as other undeveloped land across the City of Schertz. In addition, SFR participates in numerous mutual aid agreements including regional and statewide responses. Proper personal protective equipment protects firefighters during wildland and grass fire operations. If awarded this grant, SFR personnel will be placed in PPE that provides not only a higher level of wildland protection but also allows for a cooler option than Rescue PPE gear. Equipment is expected to cost $20,475.00, of which $18,427.50 will be federal funds and $2,047.50 will be City funds. The City's funds will be paid from the Fire Department's operating budget. Staff recommends approval. Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember Thompson to approve Resolution No. 16 -R -79. 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. Resolution No. 16 -R -80 — Consideration and/or action approving a Resolution authorizing expenditures in excess of $50,000, as approved in the FY 2016 -17 budget, for the City's Vehicle Replacement Program, and Communication Equipment. (D. Wait/J. Kurz) The following was read into record: RESOLUTION NO. 16 -R -80 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING EXPENDITURES IN EXCESS OF $50,000, AS APPROVED IN THE 2016 -2017 FISCAL YEAR BUDGET, FOR THE CITY'S VEHICLE REPLACEMENT PROGRAM, AND COMMUNICATION EQUIPMENT AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Human Resources Director Jessica Kurz who stated the City has taken a comprehensive approach in developing a cost - effective fleet replacement program. Best practice fleet operations have been integrated into the existing program and the City has developed systematic policies and procedures for determining when a vehicle requires 10 -25 -2016 Minutes Page - 9 - replacement. In support of this program, Council approved a funding mechanism that was authorized in the FY 2016 -17 budget for the City's Vehicle Replacement Program. The City has historically purchased vehicles from vendors belonging to purchasing cooperatives. This has allowed the City to procure vehicles through best -value and capitalize on volume discounts. For FY 2016 -17, The City anticipates the purchase and outfitting of the following vehicles from Caldwell Country Chevrolet and Silsbee Ford. Department Vehicle Budeeted Amount Vendor Police Department- Operations SW (7) $290,000 Silsbee Ford Police Department -CVL Car (1) $24,000 Silsbee Ford Fire Department Truck (1) $30,000 Caldwell Country Chevrolet EMS Department SUV (1) $34,000 Caldwell Country Chevrolet Animal Services Truck (1) $38,000 Silsbee Ford Streets Truck (1) $38,000 Silsbee Ford Facility Services Truck (1) $34,000 Silsbee Ford The City's practice is to seek authorization from Council when expenditures with a vendor exceed $50,000 in one fiscal year. Though exact amounts for each vehicle are not yet known, it will not exceed the budgeted amount. Thus, staff is requesting approval to spend up to $64,000 with Caldwell Country Chevrolet and up to $424,000 with Silsbee Ford, as part of the City's Vehicle Replacement Program in FY 2016 -17. In other related purchases, Police, Fire and EMS will be purchasing emergency telecommunication equipment from Motorola and request approval to spend up to $85,000 in FY 2016 -17. A proactive fleet replacement programs provides for long -term planning and prudent fiscal stewardship. Purchasing cooperatives assist local governments in reducing costs through volume purchasing. Additionally, City resources are conserved and purchasing efficiencies are maximized through use of a streamlined procurement process. Staff recommends that Council authorize expenditures up to $64,000 with Caldwell Country Chevrolet and up to $424,000 with Silsbee Ford, as part of the City's Vehicle Replacement Program in FY 2016 -17, and up to $85,000 with Motorola for related equipment purchases. Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember Thompson to approve Resolution No. 16 -R -80. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. 9. Ordinance No. 16 -D -35 — Consideration and/or action approving an Ordinance amending the City Code of Ordinances by revising Section 86 -118 maximum limits in School Zones, establishing a school zone for the Founders Classical Academy, providing an effective date and declaring an emergency. First and Final Reading (B. James/K. Woodlee /C. Palomo) The following was read into record: 10 -25 -2016 Minutes Page - 10 - ORDINANCE NO. 16 -D -35 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE CITY CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS, BE AMENDED BY REVISING SECTION 86 -118, MAXIMUM LIMITS IN SCHOOL ZONES, AND PROVIDING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY Mayor Carpenter recognized Executive Director Brian James who stated the Texas Department of Transportation (TxDOT) has requested that a school zone be established on FM 1518 for the Founders Classical Academy of Schertz. Currently, a school zone does not exist for the Academy. It is recommended to protect school children and drivers during hours of heavy traffic associated with FM 1518 and the Founders Classical Academy. The school zone is recommended to have a reduced speed limit of 35 miles per hour and to extend 400 feet on either side of the entrance of the School (Exhibit A). The Transportation Safety Advisory Committee (TSAC) recommended approval of this at their October 6, 2016 meeting. Staff recommends approval. Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Councilmember Fowler to approve Ordinance No. 16 -D -35, first and final 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. 10. Ordinance No. 16 -T -36 — Consideration and/or action approving an Ordinance authorizing a budget adjustment to fund street crossing improvements on Elbel Road. First Reading (D. Wait/D. Letbetter) The following was read into record: ORDINANCE NO. 16 -T -36 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO FUND STREET CROSSING IMPROVEMENTS ON ELBEL ROAD; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE Mayor Carpenter recognized Public Works Manager Doug Letbetter who stated this project will provide improvements to crosswalks on Elbel Road to stop traffic when pedestrians desire to cross the street. And, unlike our current system in place, this will provide direction to the pedestrians. This will insure that traffic has been signaled to stop before clearing pedestrians to walk and to provide time between walk signals to allow traffic to flow better during heaving pedestrian traffic periods. These signals will be installed at Elbel and Westchester Roads, replace the current system, and at the Elbel Road and tennis courts crossing near the Post Office. Both of these crosswalks are used throughout the school year and around the entire year as folks traverse this recreation corridor in our community. 10 -25 -2016 Minutes Page - 11 - Funds for the street crossing improvements on Elbel Rd. and sidewalk/ADA ramps will be paid from Child Safety Fund Account which had a balance of $182,567 at the beginning of FY2015 -16. Each year this account grows as the city collects more in child safety fees than it can expend in any one year. Anticipated balance after the FY 2015 -16 contribution and the project expenditures would be $139,436. This is an acceptable expense under article 102.014 (g) of the Code of Criminal Procedure. Staff recommends approval. Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember Thompson to approve Ordinance No. 16 -T -36, 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. 11. Resolution No. 16 -R -82 — Consideration and/or action approving a Resolution authorizing a Subdivision Improvement Agreement with Comal Independent School District. (B. James) The following was read into record: RESOLUTION NO. 16 -R -82 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE APPROVAL OF A SUBDIVISION IMPROVEMENT AGREEMENT WITH COMAL INDEPENDENT SCHOOL DISTRICT TO ALLOW THE FILING OF THE FINAL PLAT FOR MIDDLE SCHOOL #6 PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Executive Director Brian James who stated this is an example where an agreement with a developer has been granted to allow plats to be filed allowing the developer to construct the public improvements at the same time that they are constructing the building. They are currently experiencing a great deal of growth in the Comal area and anticipate pulling in over 1,000 additional students each year. Given the way they have to bond facilities for schools, they often experience a very short time frame to begin construction. In order to open in the Fall of 2018, they need to start construction now. Staff has been working diligently with the school district to keep the permit process flowing forward. The issue here is, normally to start pulling a building permit you have to file a plat. To file the plat you have to have constructed the public improvements (water, sewage, drainage, streets) to serve it. Because they are on such a short time frame, this has not been done yet. In fact, they are still working on designing the public improvements. They are asking Council to grant a waiver to allow the plats to be filed without the public improvements in. Then the P &Z Commission can approve it as well. A number of factors have created challenges for the applicant in submitting civil drawings. First, the property is not located within the City's Certificate of Convenience and Necessity (CCN) for water service. Rather, the CCN is held by the Green Valley Special Utility District. Comal ISD has requested that Green Valley release the property to allow Schertz to serve it. While Green Valley has indicated a willingness to release the property from their CCN, that has not yet occurred. Comal ISD understands that if the release does not occur they will have to provide adequate water flows and pressures to serve the property. With regard to sewer, Comal ISD needs to acquire an offsite sewer easement to bring sewer to the property. Lastly, 10 -25 -2016 Minutes Page -12 - Comal ISD's engineer is in process of submitting a traffic impact analysis (TIA) as part of working with staff and TxDOT to determine the extent of street improvements. At this point staff is asking for approval of the subdivision approval agreement, which is non- standard. Tomorrow night it will go to P &Z for approval. This will allow our staff to issue a foundation -only permit next week which is what they need to get going on that foundation to move it forward. Since this is noncombustible construction, they would even be allowed to go beyond that until they get the water in. Mr. James addressed comments and questions from council and stated they would continue to provide updates to council quarterly. Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Councilmember Fowler to approve Resolution No. 16 -R -82. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. Roll Call Vote Confirmation Mayor Carpenter recognized City Secretary Brenda Dennis who provided the roll call votes for agenda items 1 -11. Requests and Announcements 12. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives No further announcements were provided. 13. 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 recognized Councilmember Azzoz who stated he had received a call from a senior complaining about the trains and the horns at all hours along the track and FM 3009. He wanted to know if we could have an item on an upcoming agenda to address this issue. Mayor Carpenter concurred stating that staff had provided information in the past regarding the possibility of installing quiet zones and the cost and would also be like an update. 14. 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 10 -25 -2016 Minutes Page - 13 - Recognition of actions by City employees Recognition of actions by community volunteers Mayor Carpenter recognized Councilmember Fowler who stated he attended the Parks and Recreation meeting and was pleased to know that they are working on rules for naming future parks. Councilmember Fowler also provided information on the recent success of the Love Where You Live project at Mobil Villa Estates. He stated that in December he is hoping to recognize all those volunteers involved in the projects that have been accomplished. Mayor Carpenter recognized Councilmember Azzoz who thanked Mr. Fowler for everything he and his volunteer group have done for the citizens. Mayor Carpenter recognized Councilmember Thompson who stated he wanted to commend Acting Finance Director James Walters who does an excellent job with a subject that can be less than interesting sometimes. He also wanted to thank the street crews regarding the work they have done with the yellow flashing lights on Schertz Parkway. Traffic flow is much smoother now. Mayor Carpenter stated that City Manager John Kessel said that is largely due to Public Works Manager Doug Letbetter. Executive Session Mayor Carpenter recessed the regular meeting at 7:31 p.m. into executive session under the following section: 15. 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 prospects. Project E -025 Project E -026 Reconvene into Regular Session Mayor Carpenter reconvened back into the regular session at 8:07 p.m. 15a. Take any necessary action based on discussions held in closed session under Agenda Item number 15. No action was taken. Adi ournment Mayor Carpenter adjourned the meeting at 8:08 p.m. 10 -25 -2016 Minutes Page - 14 - chael R. Carpenter, Mayor ATTE r Arenla Dennis, City Secretary 10 -25 -2016 Minutes Page -15 -