06-27-2017 MinutesMINUTES
REGULAR MEETING
June 27, 2017
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on June
27, 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 Ralph Gutierrez
Councilmember Robin Thompson
Councilmember Bert Crawford
Staff Present:
Executive Director Brian James
Assistant to City Manager Sarah Gonzalez
City Secretary Brenda Dennis
Absent:
Mayor Pro -Tem Cedric Edwards
Call to Order — City Council Regular Session
Councilmember Mark Davis
Councilmember Scott Larson
Councilmember Angelina Kiser
City Manager John Kessel
Executive Director Dudley Wait
City Attorney Charles Zech
Deputy City Secretary Donna Schmoekel
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 Larson)
Councilmember Larson 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 Carpenter recognized Executive Director Dudley Wait who provided the following
announcements:
Monday and Tuesday, July 3rd and 4th City Offices Closed in Observance of
Independence Day
• Tuesday, July 4 42 11 Annual 01 of July Jubilee 9:00 AM— 10:00 PM
Pickrell, Park Pre - register for the Freedom 5K at www.raceentry.com. Come out to enjoy
the parade, carnival, live music, watermelon eating contest, a variety of great food and
fireworks. Swim in the Pickrell Park Pool 6:00 PM —10:00 PM. Advance sale tickets can
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be purchased for the swim event for $3.00 at the Schertz Parks and Recreation Office. For
more information call Ext. 1850.
® Tuesday, July 11th City Council MeetinI4 6:00 PM Council Chambers -
Announcements and recognitions by City Manager (J. Kessel)
Mayor Carpenter recognized City Manager John Kessel who congratulated the Schertz
Library Foundation and spoke of the success this past Saturday of the Library Mini Golf
Tournament fundraiser -- -230 participants. He thanked all staff and board members who
were instrumental in planning and executing another successful event.
Presentation
Proclamation Designating July 2017 as Parks and Recreation Month. (Mayor /C.
VanZandt/L. Shrum)
Mayor Carpenter recognized Director of Parks and Recreation Chuck VanZandt and
Assistant Director of Parks and Recreation Lauren Shrum and read and presented them
with a proclamation recognizing July 2017 as Park and Recreation Month. Mr. VanZandt
stated the slogan for this year is "Put your play on ". He said the 4th of July Jubilee should
be great this year as some changes have been made.
Assistant Director of Parks and Recreation Lauren Shrum said she had some good news.
A few months ago they came before council to request a match of funds (20 %) for the
possibility of being granted a match to that of 80% in federal funding from the Alamo
Area MPO for some bike and hike trails as well as some sidewalk improvements. They
were notified of the approval of that funding yesterday afternoon.
Hearine of Residents
None one spoke.
Mayor Carpenter moved to Item 6 on the Agenda.
6. Ordinance No. 17 -S -20— Conduct a Public Hearing and Consideration and/or action
PH approving an Ordinance to amend the Schertz Comprehensive Land Plan by changing
certain land area designations on the Future Land Use Plan in Northern Schertz First
Reading (B. James/L. Wood/B. Cox)
The following was read into record:
ORDINANCE NO. 17 -S -20
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AMENDING THE COMPREHENSIVE LAND PLAN BY CHANGING
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CERTAIN LAND AREAS TO SINGLE FAMILY RESIDENTIAL DESIGNATION
AND CERTAIN LAND AREAS TO COMMERCIAL CAMPUS DESIGNATION
ON THE FUTURE LAND USE PLAN.
Mayor Carpenter recognized Senior Planner Bryce Cox who stated this item is to amend
the land use plan for two areas in northern Schertz. This is being proposed by city staff.
Periodically they look for inconsistencies and have found two areas. through a number of
zoning cases and land plan requests over the past few years.
There are two sections. The first area proposed for amendment is generally located along
Old Wiederstein Road from Wiederstein Road extending east to just past FM 1103, and is
predominately single family residential homes and commercial business along FM 1103.
The second area proposed for amendment is generally located along IH -35 beginning
approximately 700 feet east of Schwab Road continuing east to the Schertz ETJ limit, and
is mostly commercial businesses and undeveloped property.
He explained that the City's Comprehensive Land Plan (CLP) is broken into a number of
pieces including the Future Land Use Plan, the Master Thoroughfare Plan, the Parks and
Recreation Master Plan,�and the Sector Plan amendment.
He provided maps showing the two areas of which they wish to change. Given the existing
development, they don't feel the current land use proposal is accurate. They are proposing
single family residential for the first area. The second area is in north Schertz and is
currently classified as agricultural conservation which is predominantly large lot
residential (5+ acres). Staff is proposing this to be changed to a commercial campus
designation, which encourages the development of lower intensity commercial and office
uses. Staff wants to amend the future land use plan to be current with what the zoning is
and what the area will develop as.
At the Planning and Zoning Commission meeting on May 24, 2017, there were nine
people who came and spoke. Two were in favor, four opposed, and the remaining three
just had some questions or observations. At this same meeting, the commissioners did
recommend approval by unanimous vote, as does city staff.
Mayor Carpenter opened the Public Hearing and recognized the following who spoke:
;anMr. Carl Baker, Attorney with Golden, Steves, and Gordon, 300 Convent Street,
Antonio, TX, who represents Eckhardt Springs LLC, which owns property off of IH
35 and Eckhardt Road. He is here tonight to express their full support to the proposed
change from agricultural use. to commercial campus. They feel this is an appropriate
change and will help encourage development along IH 35 and provide a very strong tax
base for the City of Schertz.
As no one else spoke, Mayor Carpenter closed the public hearing for Council comments.
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Mayor Carpenter recognized Councilmember Thompson who moved, seconded by
Councilmember Kiser to approve Ordinance No. 17 -S -20 first reading. The vote was
unanimous with Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and
Crawford voting for and no one voting no. Mayor Pro -Tem Edwards was absent.
Motion passed.
Mayor Carpenter moved to Item 5 on the Agenda.
5. Ordinance No. 17 -S -21— Conduct a Public Hearing and Consideration and/or action
PH
approving an Ordinance amending the City of Schertz Master Thoroughfare Plan. First
Reading (B. James/K. Woodlee)
ORDINANCE NO. 17 -S -21
AMENDING THE MASTER THOROUGHFARE PLAN OF THE CITY OF
SCHERTZ; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT WITH THIS ORDINANCE; PROVIDING AN EFFECTIVE DATE;
AND OTHER MATTERS IN CONNECTION THEREWITH
Mayor Carpenter recognized City Engineer Kathy Woodlee who provided information via
a PowerPoint presentation. The highlights were:
*The purpose of a Thoroughfare Plan is to provide for the orderly development of an
adequate major street system as land development occurs and as traffic increases. (Are our
existing roads sized properly? What new roads do we need as the City grows ?)
*To enable coordination with outside agencies and private interests with respect to
roadway improvements (We need to be sure our future roads line up with our neighbors'
future roads.)
*To reduce travel and transportation costs (Proper planning and construction minimises
traffic congestion.)
Who is involved? 1) Staff (Engineering, Planning, Public Works, Administration) 2)
Consultant (Freese and Nichols, Inc. (FNI) 3) Steering Committee (Planning and Zoning
Commission, Economic development Board, Transportation Safety Advisory
Commission) 4) Public Input (Open House, public meetings, public hearings) 5) City
Council (Adopt updated Master Thoroughfare Plan)
Background/History — Periodic updates to the City's Master Plans are needed to keep up
with significant changes in the development of the City (population, land use patterns).
Ms. Woodlee stated the last complete City of Schertz Thoroughfare Plan was prepared in
2002 as part of the City's Comprehensive Plan. In 2002 the estimated population was
22,732. A Sector Plan completed in 2011 -2013 identified a need for a Thoroughfare Plan
update. The estimated 2013 population was. 35, 929. The 2013 planning process did not
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include travel forecast modeling, functional classification and access management
evaluation, CIP development, or other pieces of a full Thoroughfare Planning process.
The July 2016 population estimate was 39, 453 and is our latest estimate.
Thoroughfare Plan Tasks were: 1) identify issues and develop policies (Level of service,
character of roads) 2) Coordinate with other agencies 3) Analyze existing thoroughfare
system (mapping, traffic counts, planning developments) 4) Future Land Use Growth
Scenarios (10 to20 year projections, travel forecasting) 5) Development of Thoroughfare
Plan 6) Plan Strategies and CIP Programming 7) Plan Adoption and Documentation.
Ms. Woodlee provided a map of the proposed Master Thoroughfare Plan for 2017. There
are several classifications of roadways, principal arterials, secondary arterials, secondary
rural arterials, residential collectors, and commercial collectors. Maintaining roads on the
thoroughfare plan will result in preserving options for the future. For example, without
connection over Cibolo Creek, mobility will be considerably reduced. In the short time of
just one -year congestion has grown on FM 78 from a 5 mile trip between Lower Seguin
Road and Elbel Road by 3 minutes. Between 4 -6 pm the same trip grew by two minutes.
Modeling results for the future, without any other route to take, there will be more delays.
This includes delays for any emergency vehicles responding to calls for assistance.
The Planning and Zoning Commission has recommended approval since their Public
Hearing of May 24, 2017. Tonight, staff is asking council to adopt the Master
Thoroughfare Plan, thereby amending the City's Comprehensive Plan.
Ms. Woodlee asked if Council had any questions. She stated Freese and Nichols
representatives David Paine and Edmund Haas were also in the audience this evening and
available for questions as well.
Mayor Carpenter opened the Public Hearing and recognized the following who spoke:
• Mr. Tra Womack, 8519 Tuscan Hills, Garden Ridge, TX, who voiced his
opposition towards part of the plan. His disagreement is in regard to the east -west
connector that is called a commercial backer that runs between FM 1103 and over
to FM 2252 and on to probably Wiederstein Road. His concern is that this will cut
off part of that commercial property later on. There is none of this on the north
side of IH 3 5. He doesn't agree with the east -west connector when you already
have Old Wiederstein, Green Valley and other roads that cut through the area.
As no one else spoke, Mayor Carpenter closed the public hearing for Council comments.
Executive Director Brian James addressed questions from Councilmember Crawford in
regard to Mr. Womack's concerns. Mr. Womack was invited back up to the podium and
he clarified further that his main concern is that when you adopt this plan you are in effect
reserving that right of way. If it is not `noted' then it affects property there for `everyone'.
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We all know development on lH 35 is eventually going to happen. You are tying up
something until someone decides to make that decision. That is also his concern.
Mayor Carpenter commented that as time has shown, the city has tried to be very flexible
with property owners and he is confident this trend will continue into the future as more
development continues.
Mayor Carpenter recognized Councilmember Thompson who moved, seconded by
Councilmember Kiser to approve Ordinance No. 17 -S -21 first reading. The vote was 5 -1-
0 with Councilmembers Davis, Gutierrez, Larson, Thompson, and Kiser voting for
and Councilmember Crawford voting no. Mayor Pro -Tem Edwards was absent.
Motion passed.
Mayor Carpenter moved to Item 12 of the agenda.
12. Resolution 17 -R -41 — Consideration and/or action approving a Resolution by the City
Council of the City of Schertz, Texas authorizing the Acceptance of Assignment of the
City's exclusive Solid Waste Franchise Agreement. (D. Wait)
The following was read into record:
RESOLUTION NO. 17 -R -41
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING THE ACCEPTANCE OF ASSIGNMENT OF THE
CITY'S EXCLUSIVE SOLID WASTE FRANCHISE AGREEMENT, AND
OTHER MATTERS IN CONNECTION THEREWITH
Mayor Carpenter recognized Executive Director Dudley Wait who stated the city was
approached in May by the owner(s) of Bexar Waste who have decided to sell their
company to another entity. Part of this transaction will involve the franchise agreement
that the city has with Bexar Waste, which would need to be assigned to the new
purchaser. The franchise agreement has a clause in it that allows that to happen.
Mr. Wait introduced Miguel Gutierrez who spoke of the family's difficult decision and he
thanked the City for the many years of doing business together. The purchasing company
will be `Republic Services'. Others were considered, but the family feels most
comfortable with Republic Services acquiring their business and feels it will be a good fit
for the city.
Mayor Carpenter, on behalf of Council, Staff, and the residents, thanked him and his
family for their years of service to the community. Each councilmember also spoke a
few words of gratitude for the Bexar Waste — Gutierrez family's service and
contributions.
Mr. Gutierrez stated the Republic Land Fill Administrator and the Municipal Services
Manager were present tonight. He introduced Tom Armstrong who proceeded to explain
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the transition process they have been undergoing with Bexar Waste to have as seamless a
transfer of business as possible. Mr. Armstrong answered questions from council.
Mayor Carpenter recognized Councilmember Crawford who moved, seconded by
Councilmember Kiser to approve Resolution No. 17 -R -41. The vote was unanimous
with Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford
voting for and no one voting no. Mayor Pro -Tem Edwards was absent. Motion
passed.
Mayor Carpenter moved to Item 11 on the agenda.
11. Resolution No, 17 -R -42 - Consideration and/or action approving a Resolution authorizing
an amendment to an existing Development Agreement (Schaefer Road/FM 1518 area) for
Friesenhahn property on FM 1518 near Schaefer Road. (B. James)
The following was read into record:
RESOLUTION NO. 17 -R -42
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING AN AMENDMENT TO THE EXISTING
DEVELOPMENT AGREEMENT (SCHAEFER ROAD/FM 1518 AREA), AND
OTHER MATTERS IN CONNECTION THEREWITH
Mayor Carpenter recognized Executive Director Brian James who stated in April 2011,
the City entered into a development agreement regarding the timing of annexation of
properties owned by Mr. and Mrs. Milton Friesenhahn. The agreement generally
stipulated that the City would not annex their properties for 10 years if they did not
develop.
One of the tracts owned by the Friesenhahns is at the northeast corner of Corbett Drive
and FM 1518, directly south of the future Rose Garden Elementary School that is
currently under construction. During the site planning stage of the project it was generally
agreed that the southern entrance drive for the school should be located directly across FM
1518 from Arbor Park, the street that is the southern entrance to the Willow Grove
subdivision (Rose Garden Elementary School will have another drive on FM 1518 that
aligns with Pecan Branch, the northern entrance into the Willow Grove subdivision). The
school property stops just short of that point, and is owned by the Friesenhahns. The
attached Rose Garden Elementary School site plan shows how the drives will be
misaligned if an easement is not granted.
SCUCISD approached the Friesenhahns about acquiring an access easement on their
property that would align with Arbor Park and serve both the Rose Garden Elementary
School site and the Friesenhahn's property when it develops, likely for commercial uses.
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Rather than wanting to sell the easement to the District, the Friesenhahns indicated they
wanted the City to grant an extension to their delayed annexation agreement. They wanted
the agreement to be extended by 5 additional years, so that annexation would not occur
prior to 2026 if the properties did not develop. They also wanted assurances they would be
granted an access drive -off of Corbett Drive if it met all City standards, something the
City would have done anyway.
While this is really an issue between SCUCISD and the Friesenhahns, if they cannot reach
agreement, which they have not been able to up to this point, and the entrance to Rose
Garden Elementary School is offset from Arbor Park, Schertz residents will suffer the
consequences of increased traffic congestion, which is a significant issue on FM 1518 and
also challenges associated with access to an elementary school, something that is a great
concern to the City and residents.
Mayor Carpenter recognized Councilmember Thompson who moved, seconded by
Councilmember Kiser to approve Resolution No. 17 -R -42. The vote was unanimous
with Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford
voting for and no one voting no. Mayor Pro -Tern Edwards was absent. Motion
passed.
Closed Session
Mayor Carpenter convened into closed session at 7:10 p.m. under the following sections.
15. City Council will meet in closed session under Section 551.071 of the Texas Government
Code, consultation with attorney to consult with the City Attorney regarding personnel
issues and the City's Animal Shelter.
Reconvene into Regular Session
Mayor Carpenter convened back into regular session at 8:28 p.m.
15a. Take any action based on discussions held in closed session under Agenda Item 15.
No action was taken.
Mayor Carpenter moved to the workshop section of the agenda.
Workshop
• Discussion regarding City of Schertz support for the Schertz Housing Authority including
funding. (Item requested by Councilmember Davis)
Mayor Carpenter recognized Executive Director Brian James who said for clarification,
the Schertz Housing Authority is not a board, commission, or committee of the city —it
stands alone. The city has the ability to provide funding to outside organizations not
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related to it, and we have done so in the past. However, it is based on a finding that there
is a public purpose to it (i.e. providing medical care, transportation services).
What staff would need is time to develop an ordinance or resolution along with their
findings of what the public service benefit would be for the community. Council could
dictate how those funds are spent, or more broadly say, `Utilize these funds in pursuit of
your mission as you see fit'.
In this particular case, there is some litigation that has occurred with the federal
government and for those entities participating in it, they cannot use federal funds to
effectively sue the federal government. In this case, he understands that the Schertz
Housing Authority is solely funded by the federal government in their mission. Staff can
go in whatever direction Council wishes to go.
Mayor Carpenter recognized Councilmember Davis who stated he is the liaison
representative from the City to the Housing Authority and it is an eye - opening experience.
They serve the Schertz - Cibolo area and they have a significant waiting list for adequate
facilities for some of our less fortunate community members.
The Schertz Housing Authority has an opportunity to participate in a law suit. It deals
with a 20 -12 operating subsidy from HUD in urban development from the federal
government where they changed the appropriations back in 2012. As a result, 309 housing
authorities throughout the country joined together in a class action suit against HUD on
the action they took in 2012. They just recently won that lawsuit and the federal
government was ordered to pay out $135 million to those 309 housing authorities because
it was ruled that HUD was in breach of contract with them. Our Schertz Housing
Authority was not a party to this particular lawsuit but they were notified that the first
parry was going to initiate a second lawsuit on behalf of the housing authorities who did
not participate in the first one. If they decide to participate, based on the calculations from
the first lawsuit, they could ultimately be entitled to about $58,000. However, they would
have to pay a $1,000 filing fee, but they could not use any federal funds for this fee.
His original question for bringing this up was is this something that city funds could be
used for and if so how? However, they are under a timeline to agree to participate in this
law suit. The deadline is August 15, 2017.
Mr. James said he felt staff could work with the city attorney to craft something that
would be generally categorized that they could use for their operations and come back
with it at the next council meeting on July 11, 2017.
Mayor Carpenter stated and asked for confirmation that the city does assist several other
organizations annually such as the Guadalupe County Prescriptions Assistance Program
the Guadalupe County Children's Advocacy Center; so we seem to have a precedence in
assisting agencies or entities that we find perform specific services for our area. He can't
think of a better one that fits this mold than the Schertz Housing Authority. It is not at all
unusual for us to do this. He asked for staff to come back to council with some verbiage
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that would help council make a decision on this. Mr. James said they would put it on the
agenda for July 11, 2017.
Review, discussion and possible action regarding the City Charter. (Item requested by
Councilmember Thompson)
Mayor Carpenter recognized Councilmember Thompson who proposed this item be
postponed for another thirty days when perhaps we have a lighter agenda to consider.
Discussion and update regarding the City of Schertz 2 °a Quarter Financial Statement. (B.
James /J. Walters)
Mayor Carpenter recognized Finance Director James Walters who provided statistical data
regarding the second quarter financial report. The information is also now posted on the
city website. We are halfway through the budget year and most of the city's revenue
comes from property taxes which are due each January so we get the bulk of our revenue
in the first half of the year. Mr. Walters continued on his with his presentation and briefly
explained the current status of each budget category.
Discussion and update on the HVAC system design and repairs at the Animal Adoption
Center. (D. Wait)
Mayor Carpenter recognized Executive Director Dudley Wait who provided some
background information and a current update on the city's animal shelter. In March of
2014 the new adoption facility opened for business. By the summer, staff started noticing
some heating and air conditioning problems. There were a number of things that started
happening such as water dripping down from chiller lines in the ceiling, mold developing,
unpleasant odors, etc.
In September /October of 2015, they put together a team consisting of City Management,
Marshal's Office, Animal Control, our building people as well as the building design
architects, the HVAC engineer and the facility builder. The met regularly to start
addressing the many issues that we were having.
Mr. Wait explained how the facility's HVAC system is supposed to work. The builder and
design team have stood by us and worked together to correct the problems. All the
refrigerant lines have been reinsulated and gradually many of the problems were
alleviated. However, the one problem they are still working with is the positive pressure
core, which they have been unable to maintain.
The design engineer has suggested we may need an outside air handling unit. It is a unit
that will run when the temperature is at a certain level in the building. Mr. Wait explained
how they work. This summer for the first time since 2014, they are maintaining a
comfortable work environment in the shelter. They don't have humidity issues and they
don't have temperature issues - -they believe they are on the right track now. In mid -July
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they will be doing another test. They will determine at that time if they would need
another air handler unit. Mr. Wait addressed questions /comments 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 — Approval of the minutes of the Regular Meeting of June 13, 2017. (J. Kessel/B.
Dennis)
2. Ordinance No. 17 -M -19 — Consideration and/or action approving an Ordinance amending
Ordinance 15 -M -41 prohibiting violations of the City Charter. Final Reading (M.
Carpenter /C. Zech)
The following was read into record:
ORDINANCE NO. 17 -M -19
AN ORDINANCE OF THE CITY OF SCHERTZ, TEXAS PROHIBITING
VIOLATIONS OF THE CITY CHARTER
3. Boards, Commissions and Committee Member Resignations and Appointments —
Consideration and/or action approving the resignation of Ms. Barbara Hall from the
Historical Preservation Committee and the Committee of Committees Advisory Board and
the resignation of Mr. Michael Dahle from the Committee of Committees Advisory Board,
and the appointment of Ms. Sue Boissonneault to the Committee of Committees Advisory
Board. (Mayor /Council/B. Dennis)
4. Resolution No. 17 -R -40- Consideration and/or action approving a Resolution authorizing
2nd quarter EMS, Utility Billing and Schertz Magazine Revenue Adjustments. (B.
James /J. Walters /J. Mabbitt/L. Klepper)
The following was read into record:
RESOLUTION NO. 17 -R -40
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING EMS DEBT REVENUE ADJUSTMENTS, UTILITY
BILLING DEBT REVENUE ADJUSTMENTS AND SCHERTZ MAGAZINE DEBT
REVENUE ADJUSTMENTS FOR CERTAIN INACTIVE OUTSTANDING
RECEIVABLES AND OTHER MATTERS IN CONNECTION THEREWITH.
Mayor Carpenter recognized Councilmember Thompson who moved, seconded by
Councilmember Gutierrez to approve consent items 1 -4. The vote was unanimous with
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Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting
for and no one voting no. Mayor Pro -Tem Edwards was absent. Motion passed.
Discussion Items
7. Resolution No. 17 -R -43 — Consideration and/or action approving a Resolution authorizing
two Interlocal Agreements between the City of Schertz and the Bexar County District
Attorney in reference to the disposition of seized property including property from
gambling establishments. (D. Wait/M. Hansen)
The following was read into record:
RESOLUTION NO. 17 -R -43
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING TWO INTERLOCAL AGREEMENTS FOR THE
DISPOSITION OF SEIZED CONTRABAND PROPERTY WITH THE BEXAR
COUNTY DISTRICT ATTORNEY, AND OTHER MATTERS IN CONNECTION
THEREWITH
Mayor Carpenter recognized Police Chief Michael Hansen who stated disposition of
seized property is regulated by State law, specifically Chapters 18 (gambling
paraphernalia) and 59 (general property) of the Texas Code of Criminal Procedure. The
attorney representing the State (County District Attorney) is authorized by this code to
enter into an agreement with a law enforcement agency to determine how such property
and/or proceeds from such property will be disposed. There must be an agreement for the
law enforcement agency to receive any property or proceeds. This agreement provides the
manner and means that any said seized property and/or contraband and proceeds therefrom
will be disposed.
The attorney representing the State has the sole authority to create the agreement and it is
evident by the diversity seen in Bexar County's two separate agreements and the single
Comal County agreement presented at the Council meeting on June 13, 2017. The
proposed Bexar County agreements separates those items associated with illegal gambling
and established rules and guidelines different from property seized from other crimes.
This is within the purview of the attorney to do so. In contrast, the current Guadalupe
County agreement is two pages that separates the property into two categories; vehicles
and everything else.
Mayor Carpenter recognized Councihnember Thompson who moved, seconded by
Councilmember Kiser to approve Resolution No. 17 -R -43. The vote was unanimous
with Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford
voting for and no one voting no. Mayor Pro-Tent Edwards was absent. Motion
passed.
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8. Resolution No. 17 -R -45 — Consideration and/or action approving a. Resolution authorizing
two amendments to the existing agreement with the San Antonio River Authority related
to the rates for sewage transportation, treatment and disposal. (D. Wait/J. Hooks)
The following was read into record:
RESOLUTION NO. 17 -R -45
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING AMENDMENTS TO THE EXISTING AGREEMENT
WITH THE SAN ANTONIO RIVER AUTHORITY FOR SEWAGE
TRANSPORTATION, TREATMENT AND DISPOSAL, AND OTHER MATTERS
IN CONNECTION THEREWITH
Mayor Carpenter recognized Assistant Director of Public Works Jimmy Hooks who stated
this item is to make two amendments to the interlocal agreement we have with the San
Antonio River Authority. The first amendment is to adjust the date that the rates will go
into effect. Last year it was June 1 and this year it will be July 1. The second amendment
is for the rates. There was an increase in the base rate and a decrease in the per gallon
rate. Mr. Hooks, Executive Director Brian James, and Executive Director Dudley Wait
addressed questions and comments from council.
Mayor Carpenter recognized Councihnember Thompson who moved, seconded by
Councilmember Kiser to approve Resolution No. 17 -R =45. The vote was unanimous
with Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford
voting for and no one voting no. Mayor Pro -Tem Edwards was absent. Motion
passed.
9. Resolution No. 17 -R -44 — Consideration and/or action approving a Resolution by the City
Council of the City of Schertz authorizing a Public Library Interlocal Agreement with the
City of Selma. (B. James/M. Uhlhorn)
The following was read into record:
RESOLUTION NO. 17 -R -44
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING A PUBLIC LIBRARY INTERLOCAL AGREEMENT
(SELMA) WITH THE CITY OF SELMA, TEXAS, AND OTHER MATTERS IN
CONNECTION THEREWITH
Mayor Carpenter recognized Library Director Melissa Uhlhorn who stated Schertz has had
an agreement with Selma for library service since 2009. Selma had approached the city
during the library construction in 2008 and the agreement was styled similar to the one we
already had in place at that time with Guadalupe County.
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Earlier this year Selma contacted us wanting to discontinue the agreement at the end of
this fiscal year. However, we reached out to them and asked how we could modify the
agreement to what they would feel comfortable with it and still provide services for their
residents. Not that much changed in the agreement other than the formula for funding.
With the new agreement, there will now be a bit of a decrease in funding that we will
receive from them. However, we still feel this new arrangement is beneficial to both
communities and we recommend approval.
Mayor Carpenter recognized Councilmember Thompson who moved, seconded by
Councilmember Kiser to approve Resolution No. 17 -R -44. The vote was unanimous
with Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford
voting for and no one voting no. Mayor Pro -Tem Edwards was absent. Motion
passed.
10. Resolution No. 17 -R -18 — Consideration and/or action approving a Resolution appointing
and re- appointing Directors of the Tax Increment Reinvestment Zone Number Two, City
of Schertz, Texas. (B. James)
The following was read into record:
RESOLUTION NO. 17 -R -18
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS APPOINTING AND REAPPOINTING DIRECTORS OF
REINVESTMENT ZONE NUMBER TWO, CITY OF SCHERTZ, TEXAS, AND
RELATED MATTERS IN CONNECTION THEREWITH
Mayor Carpenter asked council if they had any questions or concerns about the
appointees. As there were none, a motion to approve was initiated.
Mayor Carpenter recognized Council Councilmember Davis who moved, seconded by
Councilmember Kiser to approve Resolution No. 17 -R -18. The vote was unanimous
with Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford
voting for and no one voting no. Mayor Pro -Tem Edwards was absent. Motion
passed.
13. Resolution No. 17 -R -25— Consideration and/or action approving a Resolution authorizing
the City Manager to enter into an agreement with Green Valley Special Utility District for
the exchange of Certificate of Convenience and Necessity related to the development of
schools by Comal County Independent School District. (D. Wait)
The following was read into record:
6 -27 -2017 Minutes Page - 14 -
RESOLUTION NO. 17 -R -25
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH GREEN VALLEY SPECIAL UTILITY DISTRICT FOR
THE EXCHANGE OF CERTIFICATE OF CONVENIENCE AND NECESSITY
RELATED TO THE DEVELOPMENT OF SCHOOLS BY THE COMAL COUNTY
INDEPENDENT SCHOOL DISTRICT
Mayor Carpenter asked council if they had any questions or concerns about this item. As
there were none, a motion to approve was brought forward.
Mayor Carpenter recognized Councilmember Thompson who moved, seconded by
Councilmember Kiser to approve Resolution No. 17 -R -25. The vote was unanimous
with Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford
voting for and no one voting no. Mayor Pro -Tem Edwards was absent. Motion
passed.
14. Resolution No. 17 -R -29 - Consideration and/or action approving a Resolution
authorizing the City Manager to enter into an agreement with Green Valley Special
Utility District for the exchange of Certificate of Convenience and Necessity related to
the development of the Homestead Subdivision. (D. Wait)
The following was read into record:
RESOLUTION NO. 17 -R -29
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH GREEN VALLEY SPECIAL UTILITY DISTRICT FOR
THE EXCHANGE OF CERTIFICATE OF CONVENIENCE AND NECESSITY
RELATED TO THE DEVELOPMENT OF THE HOMESTEAD SUBDIVISION
Mayor Carpenter asked council if they had. any questions or concerns about this item. As
there were none, a motion to approve it was initiated.
Mayor Carpenter recognized Councilmember Thompson who moved, seconded by
Councilmember Kiser to approve Resolution No. 17 -R -29. 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 Deputy City Secretary Donna Schmoekel who provided the roll call
votes for agenda items 1 -14.
Closed Session
6 -27 -2017 Minutes Page - 15 -
Mayor Carpenter convened into closed session at 9:20 p.m. under the following section.
16. City Council will meet in closed session under section 551.087 of the Texas Government
Code, Deliberation Regarding Economic Development Negotiations; Closed Meeting. The
governmental body is not required to conduct an open meeting (1) to discuss or deliberate
regarding commercial or financial information that the governmental body has received
from a business prospect that the governmental body seeks to have locate, stay, or expand
in or near the territory of the governmental body and with which the governmental body is
conducting economic development negotiations; or (2) to deliberate the offer of a financial
or other incentive to a business prospect.
Project E -030
Project E -031
Reconvene into Regular Session
Mayor Carpenter convened back into regular session at 10:15 p.m.
16a. Take any action based on discussions held in closed session under Agenda Item 16.
No action taken.
Requests and Announcements
17. Announcements by City Manager.
No announcements were provided.
18. 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 shall instruct the City Secretary to
place on the agenda for the next regular session an item to discuss the merits of placing the
item that was objected to on a future agenda for full consideration.
No requests were made.
19. 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 Councilmember Thompson- who inquired if the council
members would be getting their packets for the 4a' of July Jubilee for next week. The
answer was yes, they would be getting them soon.
6 -27 -2017 Minutes Page - 16 -
Mayor Carpenter recognized Councilmember Kiser who said she recently visited the
Police Department and had the opportunity to visit with the kids participating in the Junior
Police Academy. If you have a chance, go and see them run the obstacle course.
Mayor Carpenter recognized Councilmember Thompson who said this past Saturday `The
Chamber' had its Home Living Showcase at the Schertz Civic Center. He thanked the City
Public Affairs and Civic Center staff for doing a great job once again.
Mayor Carpenter stated he would be leaving on an airplane in a few hours and since
Mayor Pro -Tem Edwards is out of town also, should anything arise needing the Mayor's
attention, the next senior person in line to step in would be Councilmember Thompson.
Adi ournment
As there was no further business, Mayor Carpenter adjourned t f ting at 10:19 P.M.
kichael R. Carpenter, Mayor
ATTEST:
Donna Schmoekel, Deputy City Secretary
6 -27 -2017 Minutes Page -17 -