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02-28-2017 MinutesMINUTES REGULAR MEETING February 28, 2017 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on February 28, 2017, 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 Mark Davis Councilmember Scott Larson Councilmember Angelina Kiser Staff Present: Executive Director Brian James Assistant to the City Manager Sarah Gonzalez City Secretary Brenda Dennis Call to Order — City Council Regular Session Mayor Pro -Tem Cedric Edwards Councilmember Ralph Gutierrez Councilmember Robin Thompson Councilmember Bert Crawford City Manager John Kessel - Executive Director Dudley Wait City Attorney Charles Zech 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 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. Presentations Presentation and briefing regarding the Historical Preservation Committee Annual Report. (B. James/D. Weirtz) Mayor Carpenter recognized Chair Dean Weirtz who provided the Council with the Historical Preservation Committee's Annual Report. Some of the highlights included: • Executive Summary • Membership • Resource Management and Controls • Committee Goals and Objectives — 2016 • Fiscal Matters • Impacts • 2017 Committee Calendar Year Objective statement • Resource Inventory /Audit Report, dated January 28, 2016 • Aviation Heights Heritage Neighborhood Banner Depictions 2 -28 -2017 Minutes Page - 1 - Mayor Carpenter complimented Mr. Weirtz and his team on the work they have done, particularly with the school district and the children. He stated that before this group no one had been collecting archive materials of what was going on in the city. Mayor Carpenter stated that he wanted to let Mr. Weirtz know that the son of Mayor Bueker found in his house, and Mayor Bueker has allowed him to share with us, a large scrapbook of his years, not only from war time, but lots of newspaper clippings and political advertisements from his tenure as Mayor from 1973 to 1980. He has shared this with us and we are allowed to make copies of everything and he will get to them as soon as he can. City Events and Announcements • Announcements of upcoming City Events (B. James/D. Wait /S. Gonzalez) Mayor Carpenter recognized Executive Director Dudley Wait who provided the following announcements: • Thursday, March 2 8th Annual Race to the Taste Event 5:00 pm — 8:00 pm at Retama Park. Tickets are $20 There is an annual food festival featuring 40 plus food and beverage vendors from Schertz, Cibolo, Selma and surrounding areas. Attendees are given unlimited sampling opportunities. • Saturday, March 4 9th Annual Wilenchik Walk for Life - registration 8:00 a.m. Back parking lot of Clemens High School. 5K begins at 9:00 a.m. • Tuesday, March 7 City Council Meeting at 6:00 pm Council Chambers • Thursday, March 9 Northeast Partnership Meeting, 11:30 am Olympia Hills Golf and Conference Center • March 13 —17 SCUCISD Spring Break SAVE THE DATE: • Monday, March 20 Employee Remembrance Day Lunch Hour will be held at 10 Commercial Place • Friday, March 24 City Council Pre - Budget Retreat, Fairfield Inn and Suites, Schertz • TML Legislative Update Webinars City Conference room and time to be updated soon. No need to register for the three webinars. Submit your RSVP to Brenda, X 1030 or Donn, X 1031 Friday, March 10th Friday, April 7th Friday, May 12th Friday, June 30 - TML Legislative Wrap -up 7:45am — 2:30pm 2 -28 -2017 Minutes Page - 2 - Please contact Brenda or Donna to register for this event. Event takes place at the Double Tree by Hilton Austin. • Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who stated that he wanted to highlight two (2) letters we received from other governmental agencies: (1) signed by the Mayor of Cibolo, (2) County Judge of Kenny County along with all the Commissioners and Sheriff who were praising our EMS and the Regional efforts they have. Mr. Kessel passed the letters out to members of Council. Hearing of Residents Mr. Danny Sale, 3812 Hunters Glen who spoke in favor of Resolution 17 -R -16 — regarding approval authorizing contracts with Pape Dawson Engineers, Inc., for the Main Street Improvement Project. Workshop Discussion, summary and recommendations regarding the Schertz Incentive Policy. (K. Kinateder) Mayor Carpenter recognized Economic Development Director Kyle Kinateder who stated the Policy has three major programs: The Assistance Center, SEDC Incentive Policy, and Chapter 380 Incentive Policy. The first two programs are managed by the SEDC and utilize SEDC funds. The Chapter 380 Incentive Policy utilizes the City's General Fund. Some of the highlights included: • Primary Job - A job that is: (i) available at a company for which a majority of the products or services of that company are ultimately exported to regional, statewide, national, or international markets infusing new dollars into the local economy; and (ii) included in one of the defined North American Industry Classification System (NAICS): • Schertz Primary Job Growth • Schertz Population Growth • Incentive Funding - City of Schertz— General Chapter 312 Tax Abatement, Chapter 380 - City of Schertz Economic Development Corporation — SEDC Reserves, Performance agreements • Schertz Incentive Policy — Assistance Center - SEDC (Restricted Reserves) — Company Direct Incentives, Infrastructure Incentives, other authorized projects - Existing Businesses, Small Businesses, Large Impact Businesses, Extra -Large Impact Businesses - City of Schertz (General Fund) — Real & Personal Property Investment, Gross Sales & Use Tax 2 -28 -2017 Minutes Page - 3 - Mr. Kinateder answered questions from Council. Mayor Carpenter recognized Councilmember Thompson who suggested that the EDC Corporation may want to consider a three year grant. • Discussion and update regarding quiet zones. (D. Wait/D. Letbetter) Mayor Carpenter recognized Public Works Manager Doug Letbetter who provided a Power Point presentation with the following highlights: What is a Quiet Zone? • Rail segment where train horns are not routinely sounded at crossings. • Can only be established by a public entity. • Railroad must comply: • - if federal requirements are met • - Exception: only in emergency Federal Regulations The Federal Railroad Administration (FRA) requires for all Quiet Zones: - % mile minimum track length - All street crossings must have gates and flashing lights - Constant Warning Time systems must be installed - The Quiet Zone crossings must be safer than the national average Supplemental Safety Measures (SSMs) - Engineering improvements, which would reduce the risk of a collision at the crossing. SSMs are installed to reduce the risk level below the Nationwide Significant Risk Threshold. Four quadrant gates Medians or channelization devices One -way streets equipped with gates Steps to Implementation • City and FRA conduct a feasibility site visit • City conducts traffic study • Public meetings conducted seeking resident input • Implementation "task force" between the various City departments and FRA assembled to plan construction Vt Street & FM 78 • Railroad suggests this to be a south bound exit only • $75,000 for new arms, including installation & wiring • $50,000+ (approximate) for striping, concrete, & asphalt work • TxDOT would have to agree Randolph Blvd & FM 78 • Railroad suggests this to be a north bound exit only • $75,000 for new arms, including installation & wiring • $50,000+ (approximate) for striping, concrete, & asphalt work 2 -28 -2017 Minutes Page - 4 - Schertz Pkwy & FM 78 • Railroad suggests using a quad gate at this location • $1,000,000 quad gate • $50,000+ (approximate) for striping, concrete, & asphalt work FM 3009 & FM 78 • Railroad suggests extending the island on FM 3009 100 ft. • $75,000 for (2) new arms, including installation & wiring (unless quad gate required by engineer • $100,000+ (approximate) for striping, concrete, & asphalt work Combined Totals for Four (4) Locations • All four (4) locations approximate totals combined = $1,475,000+ • Engineering = ? • All prices listed are approximate until the agreement and hiring of engineering firm. Mr. Letbetter answered questions from Council. 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 February 14, 2017, and minutes of the Special Meeting of February 21, 2017. (J. Kessel/B. Dennis) 2. Ordinance No. 17 -M -10 — Consideration and/or action approving an Ordinance amending the City of Schertz Code of Ordinances Chapter 24, Article 11, Food Establishments, Section 34- 22, regarding the adoption of the Texas Food and Beverage Establishment rule. First Reading (D. Wait/M. Harris /J. Hamilton) The following was read into record: ORDINANCE NO. 17 -M -10 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CITY OF SCHERTZ CODE OF ORDINANCES CHAPTER 34, ARTICLE 11. FOOD ESTABLISHMENTS, SECTION 34 -22, REGARDNG THE ADOPTION OF THE TEXAS FOOD AND BEVERAGE ESTABLISHMENT RULES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE Mayor Carpenter recognized _Councilmember Thompson who moved, seconded by Mayor Pro -Tem Edwards to approve consent agenda items 1 and 2. The vote was unanimous with 2 -28 -2017 Minutes Page - 5 - Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. Discussion and Action Items 3. Ordinance No. 17 -S -01 — Conduct a public hearing and consideration and/or action PH approving an amendment to the Crossvine PDD in order to incorporate a new Garden Home configuration in Module IIA, along with new street cross - sections and other associated development standards. The property is approximately 375 acres of land located at the intersection of Lower Seguin Road and FM 1518. (Final reading) (B. James/L. Wood/C. Gould) The following was read into record: ORDINANCE NO. 17 -S -01 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 375 ACRES OF LAND FROM PLANNED DEVELOPMENT DISTRICT TO PLANNED DEVELOPMENT DISTRICT (PDD). Mayor Carpenter recognized Fire Marshal John Perry who provided information regarding working with the Planning Department and the Developer to address earlier concerns raised. Marshal Perry stated those concerns have been met and he recommends approval as written. Mayor Carpenter recognized Planner I Channary Gould who stated on January 10, 2017 City Council conducted a public hearing and approved the first reading for Ordinance 17 -S -01 to amend the Crossvine PDD in order to incorporate a new Garden Home configuration in Module IIA, along with new street cross - sections and other associated development standards. At this meeting, City Council requested that staff provide more information about how the new garden home configuration compares to the previously approved garden home configurations. City Council also requested more information related to the overall concerns raised by residents, particularly the subject areas of lighting, sewer capacity, status of Heritage Oaks Park, and Fire Department's review of the proposed PDD Amendment. City Council held a workshop and conducted a public hearing at the January 24, 2017 meeting. During the January 24th meeting, City staff members gave presentations to provide City Council information about street lights in the Sedona and Crossvine communities, status of the Heritage Oaks Park, progress on the second package treatment sewer plant, drainage conditions around the Sedona and Crossvine communities, and more specific information about garden home configurations associated with the Crossvine PDD. The issues raised related to existing street lighting or lack thereof, the development of Heritage Oaks Park, sewer capacity for future development, existing drainage concerns along FM 1518, and crime are City issues and unrelated to the zoning case. Since the January 24, 2017 meeting, staff has met with and coordinated with the applicant to discuss revisions to the Crossvine PDD 3rd Amendment document. Below is a summary of the key elements and related revisions that have been incorporated into the document to address fire related concerns. 2 -28 -2017 Minutes Page - 6 - 1. The minimum separation between adjacent structures is ten feet (10'), with the exception of eaves that may protrude eighteen inches (18 ") into the building separation area and window sills and other architectural features which may protrude twelve inches (12 "). In the previous version of the draft ordinance bay windows were allowed to extend eighteen inches (18 ") into the building separation area. 2. A two -hour rated firewall shall be required for the walls of any zero lot line home that are less than five feet (5') from the side property line. Homes centered on the lot, one of the exterior side walls shall have a two -hour rated firewall. The developer is required to submit a plan showing locations of two -hour rated firewalls for the Fire Marshal to approve prior to filing a plat for the Garden Home GH(3) area. The previous version did not require one of the walls of centered homes to be a two -hour rated firewall. 3. No fences or other obstructions, except as specifically provided for HVAC units /pads, shall be allowed between houses. Fences will be allowed from the front corner of the houses to the front corner of the adjacent house and from the back corner of the houses to the back comer of the adjacent house so long as gates are provided in the fences. A fence exhibit has been added to the document to illustrate this revised standard. The previous version allowed fences between centered homes. 4. One HVAC unit/pad may be located between homes, and is subject to approval by the Fire Marshal prior to filing a plat. 5. Alleys will be private to allow the HOA to enforce towing in designated fire lanes. Minor wording changes that do not substantively alter the previous version involve changes to walkways in the greenspace and fire hydrant spacing. The Common Area Greenspace shall include a concrete sidewalk that is at least four feet (4') wide that provides access to each home. This standard has not changed, however the language was revised for clarification purposes. Fire hydrant spacing shall be no more than three - hundred feet (300'). This standard has not changed, however the language was revised for clarification purposes. Concerns were raised with regard to parking along Trellis Walk, the central road through the project and the Proposed Local Road. These roads will all have a minimum right -of -way of fifty -six and one -half feet (56.5') and a minimum pavement cross - section of forty -two feet (42'). This cross - section allows for standard eight feet (8') wide parallel parking on both sides while maintaining thirteen feet (13') wide drive lanes. The pavement will be striped to designate the parking areas. Staff does not have a concern about parallel parking on these roads as traffic volumes and proposed speeds do not pose an issue. City staff has reviewed the revisions and has no objections. The changes have been incorporated into the exhibit attached to Ordinance 17 -S -01. As part of the review staff worked to determine where the disconnect occurred that allowed the previous draft of the ordinance to be presented for approval in light of the Fire Department's concerns. It was determined that the Fire Department did not realize the extent of changes to the draft when they reviewed it and indicated they did not have concerns. Schertz 1518, Ltd. is requesting to amend the Crossvine PDD to allow for a new garden home configuration, referred to as GH(3), new street cross - sections and design standards associated with the GH(3) product. The new garden home configuration is proposed to be located south of Lower Seguin Road, within Module IIA of the Crossvine PDD. Staff recommends approval 2 -28 -2017 Minutes Page - 7 - of the amendment request with the revisions that have been incorporated since City Council's approval during the first reading on January 10, 2017. Mayor Carpenter opened the public hearing and recognized the following who spoke in favor of this item: ® Mr. Glen Outlaw, 3729 Forsyth Park, who thanked City Staff and the Developer who worked together on this project to address his earlier concerns. As no one else spoke, Mayor Carpenter closed the public hearing for Council comments. Mayor Carpenter recognized Councilmember Davis who addressed concerns regarding traffic on lateral streets and also stated that he has a problem with decreasing the lot size and going against our UDC standards, stating that we had already changed the GH1 and GH2 designations. Mayor Carpenter recognized Councilmember Thompson who stated he wanted to thank staff and the developer for working together to resolve earlier issues that were raised. Mayor Carpenter recognized Councilmember Crawford who asked for clarification regarding the width of the alley way. Ms. Gould answered that the alley will be 221/2 in width with no parallel parking on the street. Ms. Gould continued to address questions and comments from Council. Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Councilmember Larson to approve Ordinance No. 17 -S -01 final reading. The vote was 6 -1 -0 with Mayor Pro -Tern Edwards, Councilmembers Gutierrez, Larson, Thompson, Kiser and Crawford voting for and Councilmember Davis voting no. Motion passed. 4. Resolution No. 17 -R -11 — Consideration and/or action approving a Resolution authorizing the acceptance of the 2016 Racial Profiling Report. (D. Wait/M. Hansen) The following was read into record: RESOLUTION NO. 17 -R -11 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ACCEPTANCE OF THE 2016 RACIAL PROFILING REPORT, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Police Chief Michael Hansen who stated the Texas Code of Criminal Procedure Article 2.134 requires the chief administrator of the law enforcement agency to submit an annual report concerning data obtained on traffic stops to the governing body of the municipality served. The legislation does not offer any details concerning how the data should be evaluated by local officials or how it will be evaluated by state officials, it has been commonly accepted that the diversity of traffic stop data should be similar to the demographic profile of the jurisdiction it is reporting on. He stated the attached in the Profiling Report letter of 2 -28 -2017 Minutes Page - 8 - explanation is a review of the percentage of total of the three largest racial groups detained from the 2016 report compared to the City's 2010 census population percentages. Additionally, in the attached presentation document 2016 is compared to 2013, 2014 and 2015 data. Information presented included: Racial Profiling Report Total detained 6,535 Race/Ethnicity Black 840 12.9% Hispanic 130124.4% White 4234 60.8% Racial Profiling Report Comparison to demographic Race/Ethnicity Detained Population* Black 12.9% 10% Hispanic 19.9% 28% White 64.8% 53% Racial Profiling Report Comparison to previous years Race/Ethnicity 2016 2015 2014 2013 Black 12.9% 12.9% 11.1 % 11.0% Hispanic 19.9% 24.4% 24.3% 22.5% White 64.8% 60.8% 62.3% 64.6% Racial Profiling Report Reminder of report Race/Ethnicity known 3% Search conducted 5% Search consented 8% Complaints 0 Racial Profiling Report Conclusion Data supports the recognition that the Schertz Police Department continues to ethically and impartially enforce the laws and ordinances. Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Councilmember Kiser to approve Resolution No. 17 -R -11. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. 2 -28 -2017 Minutes Page - 9 - 5. Resolution No. 17 -R -15 — Consideration and/or action approving a Resolution authorizing a First Amendment to the Mutual Regional Water Supply Contract between Schertz- Seguin Local Government Corporation and the San Antonio Water System. (D. Wait) The following was read into record: A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A FIRST AMENDMENT TO MUTUAL REGIONAL WATER SUPPLY CONTRACT BETWEEN SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION AND SAN ANTONIO WATER SYSTEM, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Executive Director Dudley Wait who stated the SSLGC Board and the San Antonio Water Systems approved a First Amendment to Mutual Regional Water Supply Contract between SSLGC and SAWS. The contract also requires approval by the City of Schertz and the City of Seguin Councils. The amendment will be for a three -year commitment of 500 ac -ft. of surplus water. This amendment also notes operational changes that will improve reporting. The SSLGC and SAWS contract provided significant financial benefits to the corporation and to both owner cities. This amendment further adds benefit for commitment of excess water. Staff recommends Council approve the First Amendment to Mutual Regional Water Supply Contract. This amendment is effective January 1, 2017. Mr. Wait addressed questions and comments from Council. Mayor Carpenter recognized Councilmember Kiser who moved, seconded by Councilmember Crawford to approve Resolution No. 17 -R -15. The vote was unanimous with Mayor Pro - Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. 6. Resolution No. 17 -R -16— Consideration and/or action approving a Resolution authorizing an On -Call contract with Pape Dawson. (B. James) The following was read into record: RESOLUTION NO. 17 -R -16 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING CONTRACTS WITH PAPE DAWSON ENGINEERS, INC., TOTALING NO MORE THAN $195,000, FOR THE DESIGN OF THE MAIN STREET IMPROVEMENT PROJECT DURING THE 2016 -2017 FISCAL YEAR AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Executive Director Brian James who stated Pape Dawson Engineers, Inc. was awarded a three -year agreement for On -Call Engineering Services via Resolution 14 -R-57. The City's practice is to seek authorization from Council when 2 -28 -2017 Minutes Page -10 - expenditures with a vendor exceed $50,000 in one fiscal year. The City is proposing to begin the Main Street bond project and is proposing to contract with Pape Dawson Engineer, Inc. for this project. In 2010 voters approved a series of bond propositions, one of which, Proposition 4 allocated $1,000,000.00 for "the purpose of making permanent public improvements, or for other public purposes, to wit; designing, constructing, reconfiguring, demolishing, renovating and equipping revitalization and beautification improvements to downtown City of Schertz in the area of FM 78 and Main Street (with priority given to constructing features welcoming persons to the City, including but not limited to decorative paving, crosswalks, curbing and decorative poles, utilities relocation, lighting, bollards, bike racks, trash receptacles, benches, sidewalk and trail improvements, fences, and landscaping) and acquiring any necessary real property therefore... ". This is the last of the 2010 bond projects. City Staff had been hoping to add funds to this project from remaining street bond funds, but those are needed for the improvements to Schertz Parkway. The City's adopted "Sector Plan" which is part of the City's Comprehensive Plan, outlines the vision for the Main Street area in Part 4 Historic Downtown Schertz http: 1216.45.71.196,AV eblink /1 /edoci210903iOrdinance %b 1013 -5- 21 %20Co:mprebensive %20PIan %20( Schertz% 20Sector %20Plan) %20- %207.16.2013.hdf. This vision will serve as the basis for the use of the Main Street Bond program. The Main Street Bond improvements are one of several efforts underway by the City to bring about the revitalization of this area. Others include the fee waiver program, the Main Street Grant, UDC changes including the Main Street Mixed Use District, and efforts by the Schertz Historic Preservation Committee (SHPC). Key challenges involved with this project that expand the scope impacting the preliminary stage and significantly the design phase have to do with the age of the infrastructure and a likely lack of accurate records which creates more unknown conditions than other projects. The other challenge common to developed commercial areas involves keeping adjacent local businesses "open for business" during the project and developing an accurate schedule that takes into consideration their needs. Staff plans to work closely with the SHPC and local property owners to keep them informed and solicit their input while moving at a fast pace. Funds are budgeted and available for the not -to- exceed amount of $195,000 for the known proposed projects as part of the 2010 bond funds. Staff recommends that Council authorize the use of Pape Dawson Engineers, Inc. for engineering and surveying services as needed for the 2016 -2017 Fiscal Year in an amount not to exceed $195,000. Mr. James addressed questions and comments from Council. Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember Thompson to approve Resolution No. 17 -R -16. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. 2 -28 -2017 Minutes Page - 11 - 7. Resolution No. 17 -R -12 — Consideration and/or action approving a Resolution approving a list of brokers for use by the City of Schertz. (B. James /J. Walters) The following was read into record: RESOLUTION E CITY COUNCIL OF 1 OF 1• AUTHORIZING FSVESTMNENT BROKERS, AND OTHER ' CONNECTION I ' Mayor Carpenter recognized Finance Director James Walters who stated in order to purchase securities as investment opportunities, the City must go through an investment broker. These firms purchase investment securities in the market on the City's behalf and provide detail research to help us make better decisions that fit our needs. If the City wanted to purchase a security as an investment it would contact Capital One, our investment management firm, and give them our criteria on the type of security the City wants. Capital One would go to an authorized broker who would make the actual purchase on our behalf. Brokers act as middle -men between the buyers and sellers of the investment securities. The Texas Government Code Sec. 2256.025, part of the Public Funds Investment Act, requires City Council to adopt a list of authorized investment brokers annually. Based on a review of the Act and current practices by the Finance Director it was determined this needed to be brought before council going forward. The City needs to be in compliance with this act and has submitted a list of brokers used by our investment management firm, Capital One. Capital One, acting as the City's investment management firm, carries out the review process that is required of the firms. They work with the Finance Department to organize and structure our investment portfolio. The Finance Department reviews investment transactions monthly to make sure the City's investment policy and strategy is being followed. To review the Public Funds Investment Act please use the following link: hllp:/ /www.statutes.legis.state.tx.us /Does /GV,Ihtmi /GV.2256.htm. Staff recommends Council approve the Resolution 17 -R -12 authorizing certain investment brokers to be used by the City and its financial advisors. Mr. Walters addressed questions from Council. Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Councilmember Gutierrez to approve Resolution No. 17 -R -12. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. 8. Resolution No. 17 -R -13 — Consideration and/or action approving a Resolution designating Investment Officers for the City of Schertz. (B. James /J. Walters) The following was read into record: 2 -28 -2017 Minutes Page -12 - A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS DESIGNATING INVESTMENT OFFICERS, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Finance Director James Walters who stated in a review of the Texas Government Code Sec. 2256.005, part of the Public Funds Investment Act by the new Finance Director, it was brought to light that the City Council needs to designate investment officers for the City. These individuals will be responsible for the investment of City funds. The Public Funds Investment Act, the Investment Policy & Strategy, and the investment committee will guide the officers in their investment decisions. The Public Funds Investment Act and the council approved Investment Policy & Strategy limit the types of investments the City can use. Their purpose is to ensure city funds are kept safe and can easily be returned in the event of an emergency. The resolution designates City Manager John Kessel; Executive Directors Brian James, Dudley Wait, and Kyle Kinateder; and Finance Director James Walters as Investment Officers for the City of Schertz. These designations are in compliance with what is required in the City's Investment Policy & Strategy document approved December 20, 2016. This designation does not need to be renewed each year. If the investment officers need to be changed due a reorganization or employee status change, council will be asked to designate the new employees and remove the designation of the old employees. To review the Public Funds Investment Act please use the following link: http: / /w�,v�v. statutes. le2is .state.tx.us /Docs /GV/htm/Gti .2256.litm Staff recommends Council approve the Resolution 17 -R -13 designating investment officers for the City of Schertz in compliance with the Public Funds Investment Act and the City's Investment Policy and Strategy. Mr. Walters addressed questions from Council. Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Mayor Pro -tern Edwards to approve Resolution No. 17 -R -13. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. 9. Resolution No. 17 -R -14 — Conduct a public hearing and consideration and/or action approving the semi - annual report for October 1, 2015 through March 31, 2016 and April 1, PH 2016 through September 30, 2016, evaluating the progress of the City on achieving the Capital Improvements Program and identifying any problems in implementing the plans or administering the capital recovery fees. (B. James /J. Walters) The following was read into record: RESOLUTION NO. 17 -R -14 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ACCEPTING THE SEMIANNUAL REPORTS WITH RESPECT TO THE 2 -28 -2017 Minutes Page - 13 - PROGRESS OF THE CAPITAL IMPROVEMENTS PLAN, AND OTHER MATTERS IN ;1 Mayor Carpenter recognized Finance Director James Walters who stated Section 395.058 (c) (4) of the Texas Local Government Code requires the Capital Improvements Advisory Committee (CIAC) to file semi - annual reports with respect to the progress of the capital improvements plan and report to City Council any perceived inequities in implement the plan or imposing impact fees. Section 90 -158 of the City's Code of Ordinance includes this same requirement. The CIAC is a citizen group made up of our current Planning and Zoning Commission, a real estate -type representative and a resident in the Extraterritorial Jurisdiction, all of whom are appointed by the City Council. Impact fees can only be charged to new development and used in compliance with a specific adopted plan. Projects in the plan must be designed to increase the capacity of our water and sewer un- fractured to accommodate our growth. General maintenance or replacing old pipes would not be acceptable uses of these funds. The attached report includes capital recovery balance reports for October 1, 2015 through March 31, 2016 and from April 1, 2016 through September 30, 2016 and the draft CIAC minutes from January 11, 2017. $3 million is allocated as part of the Corbett elevated tank and associated line project and the waterline for the new sewer treatment plant. Due to changes in personnel the report to the committee and to the council was delayed. This action tonight will approve the previous 2 reports. Going forward, the report submissions will be done on a semi - annual basis. The goal is to accept the Semi - annual Reports on the revenue and expenditures relating to the water and wastewater impact fees as filed by the City of Schertz Capital Improvements Advisory Committee (CIAO). Staff recommends approval. Mayor Carpenter opened the public hearing and as no one spoke; closed the public hearing for Council comments. There were no comments. Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Mayor Pro -Tem Edwards to approve Resolution No. 17 -R -14. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford 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 -9. Executive Session 13. City Council will meet in closed session under section 551.074 of the Texas Government Code, Personnel Matters to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager. 2 -28 -2017 Minutes Page - 14 - Mayor Carpenter recessed into Executive Session at 7:58 p.m. Reconvene into Regular Session Mayor Carpenter reconvened into regular session at 10:05 p.m. 13a. Take any action based on discussions held in closed session under Agenda Item 13. Mayor Carpenter stated as Chair he moved, seconded by Councilmember Larson to retain the services of the City Manager and will re- evaluate his performance at his regular annual review in the summer time frame. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. Requests and Announcements 10. Announcements by City Manager. No further announcements were made. 11. Future Agenda Item Request for City Council: This is an opportunity for City Council members to request that items be placed on a future agenda. No discussion of the merits of the item may be taken at this time. Should a Council Member oppose placement of the requested item on a future agenda, the Mayor, without allowing discussion, shall ask for the consensus of the other City Council members to place or not place the item on a future agenda. No requests were provided. 12. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers Mayor Carpenter recognized Mayor Pro -Tem Edwards who said he had an opportunity to attend the San Antonio Rodeo this month with the Rodeo Committee and he really enjoyed it. Mayor Carpenter recognized Councilmember Davis who attended the Fire Fighters Awards Banquet. He said you really learn to appreciate our emergency services personnel It is quite a group we got there. Mayor Carpenter recognized Councilmember Gutierrez who thanked Lowe's for hosting the home improvement expo held this past weekend. 2 -28 -2017 Minutes Page - 15 - Mayor Carpenter recognized Councilmember Thompson who thanked the public relations crew and whoever was responsible for producing the city video that was recently debuted at The Chamber luncheon. It was very well done. The idea to include Randolph AFB and the SCUCISD was very commendable and speaks well of the city and staff. Mayor Carpenter recognized Councilmember Kiser who said Executive Director Brian James and herself went out Saturday to view the trail at the Heritage Parks. She also really loved the Schertz Magazine this week — it just happens to be her niece on the front cover! Mayor Carpenter recognized Councilmember Crawford who said he also attended the Fire Fighters Awards Banquet. He also thanked the city for allowing him to attend the Elected Officials training hosted by TML earlier this month. Adiournment Mayor Carpenter adjourned the meeting at 10:08 p.m. `Michael R. Carpenter, Mayor AT EST: A4 A4 renda Dennis, City Secretary 2 -28 -2017 Minutes Page -16 -