10-24-2017 MinutesMINUTES
REGULAR MEETING
October 24, 2017
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
October 24, 2017, at 6:00 p.m. in the Hal Baldwin Municipal Complex Council Chambers, 1400
Schertz Parkway, Building 44, 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
City Attorney Dan Santee
City Secretary Brenda Dennis
Mayor Pro -Tem Cedric Edwards
Councilmember Ralph Gutierrez
Councilmember Robin Thompson
Councilmember Bert Crawford
City Manager John Kessel
Executive Director Dudley Wait
Assistant to the City Manager Sarah Gonzalez
Call to Order — City Council Regular Session
Mayor Carpenter called the meeting to order at 6:02 p.m.
Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of
Texas. ( Councilmember Thompson)
Councilmember Thompson provided the opening prayer followed by the pledges of allegiance to
the flags of the United States and the State of Texas.
Mayor Carpenter recognized Boy Scout Ethan Dufault with Troop 51 who was in the audience
this evening. Ethan stood to be recognized.
Mayor Carpenter also welcomed Schertz - Cibolo- Universal City Board Chair and Board Trustee
Gary Inmon and Robert Westbrook.
Recognition and Presentation
• Introduction of the Student Mayors and Student Councilmembers for the Day. (Mayor
Carpenter)
- Student Mayors — Dobie Jr. High, 8t' Grade Michaela Martinez and Corbett Jr. High,
8"' Grade Bailey Toda
- Student Councilmembers — Dobie Jr. High, 7"' Grade Delando Johnson and Corbett Jr.
High, 7h Grade Madison Didomenico
Mayor Carpenter recognized City Secretary Brenda Dennis who provided a brief
explanation of the Student Mayor / Councilmember for the Day Program again thanking the
Mayor /Council and School District for agreeing once again to participate in the program.
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Mayor Carpenter then expanded on the program activities of this session and asked each
student to introduce himself and share with the audience what they enjoyed about the
exercise and something they learned. Mayor Carpenter then congratulated the students for
their interest and participation and subsequently presented each one with a certificate and
plaque commemorating the event.
• Introduction and recognition regarding the Fire Prevention Poster Contest winners. (D.
Wait/K. Long)
Mayor Carpenter recognized Fire Chief Kade Long who provided the following
information regarding the Fire Prevention Poster Contest. He stated that they had 120
entries from the surrounding schools and recognized the following individuals who
narrowed it down to the top finalists: Fire Chief Kade Long and Mayor Michael
Carpenter provided information on the Mayor's Choice.
Winners:
K -2
lst place — Corale Davis (Kindergarten — Paschal Elementary.)
2nd Place — Charlotte Allshouse -Goll (lst grade — Schertz Elementary)
3rd place — Phillip Lee (2nd Grade — Sippel Elementary)
3rd & 4th grade
lst place — Joshua Chavez (4th grade — Wiederstein Elementary.)
2nd Place — Deyton Boney (3rd grade — Rose Garden Elementary)
3rd place — Sabrina Deleon (4th Grade — Schertz Elementary)
5th -6th grade
1st place — Julian Trettel (5th grade — Schlather Elementary.)
2nd Place — Christopher Gonzales Alapag (5th grade — Wilder Elementary)
3rd place — Laura Hunter (5th Grade — Schlather Elementary)
Mayor's Choice
Corale Davis (Kindergarten- Paschal Elementary)
Mayor Carpenter called for a brief recess at 6:23 p.m. for parents and students of the above
groups to take photos.
Mayor Carpenter reconvened the regular meeting at 6:27 p.m.
City Events and Announcements
• Announcements of upcoming City Events (B. James/D. Wait/S. Gonzalez)
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Mayor Carpenter recognized Executive Director Dudley Wait who provided the following
announcements:
Thursday, October 2611
Simonson Volunteer Appreciation Dinner 6:30 pm, Schertz Civic Center
Friday, Saturday and Sunday, October 27th -29th
Skylight Balloon Fest
River City Community Church Grounds, 16765 Lookout Road, Selma, TX.
This family friendly event features competitions, tethered balloon rides, food trucks,
trackless train rides, vendors and musical concerts. Contact the Chamber at 619 -1950 for
more information.
Saturday, October 28, 2017 — Trunk or Treat and Movie in Park, begins at 5:00 p.m.
Pickrell Park.
Friday, November 3rd
Hal Baldwin Golf Tournament, Olympia Hills Golf Club, Universal City
8:00 am- check -in / 10:00 am shotgun start
Sunday, November 511
Daylizht Savings Time Ends 2:00 am
Remember to "fall back" by setting your clocks back one hour.
Thursday, November 91h
Star Party 5:30 pm, Crescent Bend Nature Park
At this time of the year, visitors are typically able to view Saturn, Andromeda and the tail
end of the Milky Way. Pre - registration required. Contact Parks and Recreation to RSVP
at 210 -619 -1850.
Friday, November 101
City Offices Closed in Observance of Veterans Day
Tuesday, November 1411
City Council Meeting 6:00 pm, Council Chambers
Election Information
Early Voting began Monday, October 23, 2017 and will continue until Friday, November
3rd. Information regarding Early Voting locations and times are posted on our city website.
Tuesday, November 7, 2017, 7:00 am to 7:00 pm, Election Day locations will be posted
on our city website.
Announcements and recognitions by City Manager (J. Kessel)
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Mayor Carpenter recognized City Manager John Kessel who stated he would like to
recognize three departments and individuals by doing a project update on projects they are
working on.
® Parks Department — Veterans Plaza Project- Lauren Shrum - They have redone the small
trail that has been rerouted and now has more purpose. They have re- seeded the open area
in trying to get grass to grow back in the area. They have solved the issue regarding the
bricks. They will have the bricks ordered and installation will be done in- house. Jared
Motney, a new Parks employee, feels confident that he can get the bricks laid correctly.
® Engineering Department — Schertz Parkway Project - John Nowak and Scott McLellan.
Mr. Kessel stated that they receive weekly reports on the project; excavation has been
completed on the lane going toward FM 78, the subbase has been put in, concrete and
rebar has been started at the top of the hill and are working their way down, and a minor
pour on concrete started this afternoon on Maske Road. He stated there is an item on the
agenda this evening that will provide more details of the project.
® Fire Department - Fire Station. #3 Project — Chief Kade Long. The property has 2 big
components: (1) We have the land to purchase, at Legal and Purchasing for final review. It
is his understanding that it will be ready for his signature this week; (2) We also hit a mile
stone with a revised Guaranteed Maximum Price (GNP) estimate that actually hits our
budgeted number and feel confident in signing that document, now because we are close
in price and scope that we can feel we can get there correctly. Mr. Kessel stated that
probably within 60 days or less Council will have an action item for the Guaranteed
Maximum Price (GMP) and you will see us moving forward on this project.
Hearing of Residents
Mayor Carpenter recognized the following individuals who spoke:
• Ms. Diana Taylor — Schertz, who shared concerns regarding the speeding in her
neighborhood, and the need for speed humps and for more police patrol. She stated in her
area that there have been recent thefts. Ms. Taylor also stated that they are still
experiencing problems with their homes. She thanked Mr. Kessel for sending his team of
Brian James and others for coming out to see those issues. She begged for help in the
Fairhaven area.
Ms. Taylor also thanked Councilmembers Edwards, Kiser and Crawford for their support.
She also stated that some members of Council need to be careful what they are posting on
Facebook.
Workshop
® Presentation on recent SchertzQ event and update regarding upcoming City Events. (S.
Gonzalez/L. Klepper/M. Spence)
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Mayor Carpenter recognized Assistant to the City Manager Sarah Gonzalez, Public
Affairs Director Linda Klepper and Events Manager Mary Spence who provided an
update on the recent SchertzQ event as well as plans for upcoming events and ideas for
enhancement of the programs moving forward. Information included:
• Focus on the why & what's important
• Jubilee - Fireworks, Parade, Carnival
• SchertzQ — BBQ Competition
• Breakeven on budget
Balance Revenues and Expenses
• Reduce Staff Time
• Provide local community events that Schertz residents will enjoy
SchertzQ Overview:
One -day event: September 16
• Sanctioned BBQ Cook -Off
• Kids Que (new addition to the event)
• Food Trucks
• Business- Retail Marketplace
• Live Music
Upcoming Events:
• Trunk -or -Treat — October 28, 2017
• Festival of Angels — December 1, 2017
• Wilenchik Walk for Life —10th Annual — March 3, 2018
• Movin' on Main —April 8, 2018
• 4h of July Jubilee — July 4, 2018
• Movie and Music in the Park series 2017 -18
• 4 movie events
• 2 music events
Recommendations:
• SchertzQ
• Keep the sanctioned BBQ competition in September
• Continue to grow KidsQue
• Add local cook -off element
• "Fest"
• Add to spring time event, such as Music in the Park
Mayor and Council provided their thoughts and ideas for possible events for staff to
consider as well as comments from the recent SchertzQ event held.
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® Local Flavor Incentive Policy Update. (J. Kessel/K. Kinateder) (Item requested by
Councilmember Davis)
Mayor Carpenter recognized EDC Director Kyle Kinateder who provided an overview
with the following highlights:
WHOM! mllomwi
-Technical assistance
-Improve access to capital
-Remove disincentives & barriers to entrepreneurship
-Invest in basic infrastructure
-Provide assistance on permits, zoning, etc.
Mr. Kinateder stated that on May 2nd a joint meeting was held with the Schertz Economic
Development Corporation (SEDC). Discussions included SEDC (primary jobs) vs. Local
Flavor (quality of life /restaurants /retails, entrepreneurship).
June 13"' information was again provided regarding best practices of EDO and an
overview of the Assistance Center.
Some Incubator and Assistance groups include: PeopleFund (New Braunfels, San
Antonio, Austin), LiftFund in San Antonio, Accion Texas San Antonio, BigAustin —
Austin, Desoto RLF (Desoto).
Assistance Center:
Mr. Kinateder stated Assistance Center (Market Info, Available Properties, Development
Assistance, Partners)
12.76% of the pages viewed on Schertz EDC last month
• Market Information — industry market information targeted for small businesses
and entrepreneurs
• Available Properties — utilizes 3rd party commercial real estate information for over
200 properties in Schertz
• Partners — targeted resources offering services not offered by SEDC like
(chambers, workforce training, small business, international trade) ff
• Example of UTSA SBDC — Staff and the Chamber met with the SBDC to learn
about
Main Street:
-Improve access to capital
•Remove disincentives & barriers to entrepreneurship
-Invest in basic infrastructure
-Provide assistance on permits, zoning, etc.
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Mr. Kinateder and Executive Director Brian James addressed comments and questions
from Council. Some of the highlights of discussion involved:
• EDC's role and what they can help with in regard to infrastructure
• City utilizing funds from the 2009 Street Bond
• City's ability of refining the Main Street Grant program to include a program for
those structures less than 50 years old
• City coming up with a facade program
• City updating City ordinances
• City relaxing permit fees
Finally, Mayor and Council look forward to staff bringing forward more ideas and options
for council to evaluate and discuss.
Workshop and direction from City Council Regarding Training for City Council and
Council Appointed Boards, Commissions, and Committees regarding How Social Media
Use May be Impacted by the Public Information Act, Open Meetings Act, and Records
Retention Policy (Item requested by Councilmember Crawford and Mayor Carpenter/D.
Santee)
Mayor Carpenter recognized City Attorney Dan Santee who provided a PowerPoint
presentation covering the following:
The goal is to create a training outline for Records Retention, Public Information Act,
Texas Open Meetings Act and the Use of Social Media by Elected and Appointed
Officials. Once it is finished and presented to Council, hopefully in a retreat setting, if
approved, they can then present it to the various board and committee members.
Purpose Statement: Once elected or appointed, for purposes of the Texas Local
Government Records Act, the City's Records Retention Policy, the Public Information Act,
and Texas Open Meetings Act, (the "Regulations ") you are a member of a governmental
body who must always evaluate your use of Social Media to see if it might be subject to
the Regulations.
Records Retention:
• Local Government Records Act
Chapters 201— 205 of Texas Local Government Code
Defines "local government records"
Requires a schedule of destruction
Texas State Library Archives Commission is schedule of destruction adopted by City.
Dictates minimum length of time records must be retained.
Creates Various categories for different types of "records"
Creates Various times for retention of documents in each category
Creates exceptions to minimum lengths of time for record retention
Issues under the Records Retention Act:
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Categories of records
When is a record not subject to retention
Public Information Act:
® Chapter 552 of Texas Government Code.
Defines "Public Information"
Dictates requirements for releasing Public Information when a request is made.
Issues under the Public Information Act:
What is official business?
What is the "Transaction of Official Business"
When are documents subject to the Texas Public Information Act?
Texas Open Meetings Act:
• Defines meetings
• Creates penalties when the Act is violated
Criminal
Civil
• Provides exceptions to the Act
• Issues under the Texas Open Meetings Act:
What constitutes a meeting?
Social Media Considerations:
• Record Retention
When does a Social Media Post become a "Local Government Record" subject to
retention?
Public Information Act
When does a Social Media Post become subject to the Public Information Act?
Open Meetings Act
What is the impact of the Texas Open Meetings Act on social media forums
following the addition of LGC 551.006?
Mayor and Councilmembers provided their comments regarding the need for training.
Councilmember Thompson stated that once we have a training program that we should
collaborate with SCUCISD and others. Council members discussed needing best practices
and a need for a policy for guidelines and what would be the expectations after training.
Mayor and Council discussed repercussions and provided examples.
Council continued to discuss the need for training and gave direction to the City Attorney
to come up with training. Mr. Santee stated that he has, based on discussions this evening,
the information necessary and will also get with the City Manager and he will roll it out to
the Council first for their comments prior to rolling it out to the Boards and Commission
members. Mayor and Council stated they would like to have a special called meeting for
this item. Mayor Pro -Tem Edwards suggested it be held in the Council Chambers to
ensure there will be adequate seating for any public guests.
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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.
Mayor Carpenter stated that staff has requested that agenda item 3 be removed for separate action.
Mayor Carpenter recognized Mayor Pro -Tem Edwards who asked for a point of privilege and
made a motion to include agenda items 8, 9, 10 and 12 on consent, motion was seconded by
Councilmember Gutierrez. 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.
1. Minutes — Approval of the minutes of the Regular Meeting of October 10, 2017. (J.
Kessel/B. Dennis)
2. Ordinance No. 17 -S -39 — Consideration and/or action approving an Ordinance amending
Part III Schertz Code of Ordinances, Unified Development Code, Article 1 General
Provisions. Final Reading (B. James /L. Wood/E. Grobe)
The following was read into record:
ORDINANCE NO. 17 -S -39
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AMENDING PART III, SCHERTZ CODE OF ORDINANCES, THE
UNIFIED DEVELOPMENT CODE (UDC) ARTICLE 1 GENERAL PROVISION;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
WITH THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE
4. Ordinance No. 17 -S -41 — Consideration and/or action approving an Ordinance amending
Part III Schertz Code of Ordinances, Unified Development Code, Article 4, Section
21.4.15 Public Infrastructure Improvement Construction Plans and Community Facility
Agreements. Final Reading (B. James /L. Wood/C. Gould)
The following was read into record:
ORDINANCE NO. 17 -S -41
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AMENDING PART HI, SCHERTZ CODE OF ORDINANCES, THE
UNIFIED DEVELOPMENT CODE (UDC) ARTICLE 4, SECTION 21.4.15 PUBLIC
INFRASTRUCTURE IMPROVEMENTS CONSTRUCTION PLANS AND
COMMUNITY FACILITIES AGREEMENTS AND ASSOCIATED UPDATES IN
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5. Ordinance No. 17 -S -42 — Consideration and/or action approving an Ordinance amending
Part III Schertz Code of Ordinances, Unified Development Code, Article 4, Section 21.4.3
Notice Requirements. Final Reading (B. James/L. Wood/C. Gould)
The following was read into record:
6. Resolution No. 17 -R -92 — Consideration and/or action approving a Resolution
authorizing a Public Library Interlocal Agreement with Guadalupe County. (B. James/M.
Uhlhom)
The following was read into record:
RESOLUTION NO. 17 -R -92
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING A PUBLIC LIBRARY INTERLOCAL AGREEMENT
WITH GUADALUPE COUNTY, TEXAS, AND OTHER MATTERS IN
CONNECTION THEREWITH
8. Cancellation of the November 7, 2017 City Council Meeting — Consideration and/or
action cancelling the November 7, 2017 City Council meeting due to Election Night. (B.
Dennis/Mayor /Council)
Cancellation of the November 7, 2017 City Council Meeting
9. Calling a Special Meeting November 20, 2017, — Consideration and/or action calling a
special meeting on Monday, November 20, 2017 to canvass the results of the November 7,
2017 General Election. (J. Kessel/B. Dennis)
Calling a Special Meeting on November 20, 2017 to canvass the results of the
November 7, 2017 election.
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10. Resolution No. 17 -R -90 — Consideration and/or action approving a Resolution
authorizing the City Manager to enter into an agreement for the purchase of eight (8)
Patrol Vehicles. (D. Wait/NI. Hansen/M. Bane)
The following was read into record:
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT FOR THE PURCHASE OF EIGHT (8) POLICE PATROL
VEHICLES.
12. Resolution No. 17 -R -95 — Consideration and/or action approving a Resolution requesting
permission to apply for the 2017 Homeland Security Division Grant Fund for Hazmat
Equipment. (D. Wait/K. Long)
The following was read into record:
RESOLUTION NO. 17 -R -95
A RESOLUTION BY THE CITY COUNCIL OF THE
CITY OF SCHERTZ, TEXAS THE SUBMISSION OF A GRANT APPLICATION IN
AN AMOUNT UP TO $76,767.47 TO THE OFFICE OF THE GOVERNOR,
HOMELAND SECURITY DIVISION, FOR THE STATE HOMELAND SECURITY
GRANT (HSGP) PROGRAM; AND AUTHORIZING THE ACCEPTANCE OF THE
FUNDS, UPON AWARD.
Mayor Carpenter recognized Councilmember Crawford who moved seconded by
Councilmember Thompson to approve the consent agenda items 1, 2, 4, 5, 6, 8, 9, 10 and
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.
Discussion Items
Councilmemher Larson stepped away from the dais.
3. Ordinance No. 17 -5 -40 — Consideration and/or action approving an Ordinance amending
Part III Schertz Code of Ordinances, Unified Development Code, Article 3 Boards,
Commissions and Committees and associated updates in UDC Articles 4, 8, 9, 11 & 14.
Final Reading (B. James/L. Wood/E. Grobe)
The following was read into record:
ORDINANCE NO. 17 -S -40
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Mayor Carpenter recognized City Planner Emily Grobe who stated there were three minor
modifications and corrections since the approval of first reading. Modification and
corrections included: Revision to the Ordinance Effective date, removal of the last
sentence in UDC section 21.11.3G and correction to the Ordinance attachment for the
associated UDC revisions.
Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved seconded by
Councilmember Davis to approve Ordinance No. 17 -S -40 on final reading. The vote was
unanimous with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez,
Thompson, Kiser and Crawford voting for and no one voting no. Councilmember
Larson was not available for the vote as he stepped off the dais. Motion passed.
7. Ordinance No. 17 -S -43 — Consideration and/or action approving an Ordinance amending
Part III Schertz Code of Ordinances, Unified Development Code, Article 14, Section
21.14.6A Sidewalks and Hike and Bike Trails — requirements. Final Reading (B.
James/L. Wood/E. Grobe)
The following was read into record:
ORDINANCE NO. 17 -S -43
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AMENDING PART III, SCHERTZ CODE OF ORDINANCES, THE
UNIFIED DEVELOPMENT CODE (UDC) ARTICLE 14, SECTION 21.14.6.A
SIDEWALKS AND HIIE AND BIKE TRAILS - REQUIREMENTS; REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS
ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE
Mayor Carpenter recognized City Planner Emily Grobe who stated there have been no
staff changes since first reading. The current UDC language states:
• Requirement
• Sidewalks shall be required along both sides of all streets throughout the
City as required in section 21.14.1, except along Interstate Highways 35
and 10. All lots must have access to concrete sidewalks.
• Proposed UDC Language:
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Requirement
• Sidewalks shall be required along both sides of all streets throughout the
City as required in section 21.14.1. All lots must have access to sidewalks.
Current UDC Language:
• Requirement
— Sidewalks shall be required along both sides of all streets throughout the City as
required in section 21.14.1, except along Interstate Highways 35 and 10. All lots
must have access to concrete sidewalks.
Proposed UDC Language:
• In order to promote the development of a walkable community, Staff is proposing
to revise UDC Section 21.14.6.A to remove the exemption for sidewalks along
Interstate Highways 3 5 and 10.
• Staff is proposing that UDC Section 21.14.6.A Sidewalks and Hike and Bike
Trails- Requirements be amended to read as follows:
Requirement
– Sidewalks shall be required along both sides of all streets throughout the City as
required in section 21.14.1. All lots must have access to sidewalks.
Mayor Carpenter recognized Councilmember Thompson who moved seconded by
Councilmember Gutierrez to approve Ordinance No. 17 -S -43 on final reading. The vote
was unanimous with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez,
Thompson, Kiser and Crawford voting for and no one voting no. Councilmember
Larson was not available for the vote as he stepped off the dais. Motion passed.
Councilmemher Larson returned to the dais.
11. Resolution No. 17 -R -91 – Consideration and/or action approving a Resolution
authorizing a fourth amendment to the interlocal agreement with the Alamo Area Council
of Governments (AACOG) to provide demand- response public transportation. (B.
James/B. James)
The following was read into record:
RESOLUTION NO. 17 -R -91
A RESOLUTION BY THE CITY COUNCIL AUTHORIZING A FOURTH
AMENDMENT TO THE INTERLOCAL AGREEMENT WITH THE ALAMO
AREA COUNCIL OF GOVERNMENTS (AACOG) TO PROVIDE FUNDING OF
$28,872.00 FOR TRANSIT SERVICES IN THE CITY OF SCHERTZ.
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Mayor Carpenter recognized Executive Director Brian James who stated Schertz and
AACOG entered into an interlocal agreement for AACOG to provide the ART service in
2013. The agreement is amended annually to establish Schertz' financial contribution for
the upcoming year. A match of $28,872.00 is required this year, which is the same as last
year. The City has allocated funds as part of the current budget.
Staff is recommending that the City enter into an agreement with AACOG to continue to
provide transportation services. Staff has continued discussions with VIA about their
long -range planning efforts and discussed future transportation needs with TSAC.
Mayor Carpenter recognized Mayor Pro -Tern Edwards who moved, seconded by
Councilmember Davis to approve Resolution No. 17 -R -91. 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.
13. Resolution No. 17 -R -93 -- Consideration and/or action approving a Resolution
establishing a public hearing date to consider land use assumptions and capital
improvements plan for the designated service area. (B. James/K. Woodlee)
The following was read into record:
RESOLUTION NO. 17 -R -93
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, SCHEDULING A PUBLIC HEARING TO CONSIDER ADOPTION OF
LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENTS PLAN UNDER
WHICH AN IMPACT FEE MAY BE IMPOSED FOR ROADWAYS WITHIN THE
CITY; DIRECTING THE CITY SECRETARY TO PUBLISH NOTICE OF SAID
PUBLIC HEARING; AND OTHER MATTERS IN CONNECTION THEREWITH
Mayor Carpenter recognized City Engineer Kathy Woodlee who stated Staff has been
working with Freese and Nichols, Inc., to update the City's Thoroughfare Plan and
develop a roadway impact fee ordinance. A roadway impact fee provides a funding
mechanism for the implementation of roadway improvements that add capacity
necessitated by new development. The City currently charges water and sewer impact
fees. The Texas Local Government Code (TLGC) establishes the process and notification
requirements to adopt impact fees. The first step requires City Council to set a date for a
public hearing to consider the land use assumptions and capital improvements plan for the
area where impact fees are to be charged.
The requested action of City Council is approving the resolution setting the date for the
public hearing to consider adopting the land use assumptions and capital improvements
plan on November 28, 2017. If Council approves this resolution, staff will publish a
notice, as required by the TLGC, indicating the date of the public hearing.
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Adoption of the two items on November 28 will not create an impact fee. Council and the
Capital Improvements Advisory Committee (CIAC) will still have to consider and adopt
roadway impact fees and establish the amounts to be collected in each service area. Staff
anticipates that being considered by the CIAC on January 10 and in late January. The
TLGC outlines a notification and public hearing process for adoption of the impact fee
ordinance, which Staff expects to occur in the middle of March.
The CIAC recommended a few minor changes be made to the Draft Capital Improvements
Plan. An additional change is necessitated by the proposed boundary agreement with
Cibolo that is on this agenda for consideration by City Council. The attached version of
the Draft Capital Improvements Plan includes the changes recommended by the CIAC and
the proposed boundary change. Ms. Woodlee addressed questions from Council.
Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by
Councilmember Thompson to approve Resolution No. 17 -R -93. 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.
14. Resolution No. 17 -R -94 — Consideration and/or action approving a Resolution
authorizing additional expenditures not to exceed $1,168,685 with Capital Excavation
Company for the reconstruction of Schertz Parkway between Maske Road and Live Oak
Road. (B. James/K. Woodlee /J. Nowak)
The following was read into record:
RESOLUTION NO. 17 -R -94
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
INCREASING THE BUDGET EXPENDITURES FOR THE CONTRACT WITH
CAPITAL EXCAVATION COMPANY RELATING TO THE RECONSTRUCTION
OF SCHERTZ PARKWAY FROM MASKE ROAD TO LIVE OAK ROAD
Mayor Carpenter recognized Engineer John Nowak who spoke about the ongoing
improvements to Schertz Parkway from Maske Road to Live Oak Road. The contractor
has discovered some unforeseen conditions in regard to curb embedment depth. It is not as
deep as was originally believed; thus, creating some additional problems for the project.
This discovery means we can't dowel the curb to new pavement which results in
decreasing the curb stability and reduces the bond between the curb and the pavement.
Potential ramifications include the curb can shift or fall over during construction and water
intrusion along the curb (long term issue).
However, there are some positive aspects. The curb appears fairly stable. Only small
areas have appeared to have moved. Initial excavation efforts have not caused curb
movement and initial compaction efforts have not caused any movement. We have some
options available to prevent water intrusion.
10 -24 -2017 Minutes Page - 15 -
Therefore, their recommendations are as follows: Replace the curb only when necessary.
The plan is to prepare for the worst -case scenario, which would include a full replacement
of the curb. Funding is available from the excess 2009 Bond project to provide for an
additional maximum cost of $141,000. He provided pictures of portions of the curb that do
need to be replaced.
The Construction of the project began the 5th of October and on October 20th the first
concrete pour took place. Estimated completion of the southbound lane is December. The
estimated project completion date is April 8, 2018.
Mr. Nowak and Executive Director Brian James addressed questions and comments from
Mayor and Council. After several questions from Council it was the consensus to repair
the street correctly by including the replacement of the curbing.
Mayor Carpenter recognized Councilmember Crawford who moved, seconded by Mayor
Pro -Tern Edwards to approve Resolution No. 17 -R -94, with the $141,000 addition to the
total of $1,168,685 to include the work to replace the curbing on all four sides of the two
streets.
Mayor Pro -Tem Edwards asked that staff not hesitate to come back to council if you need
to as you get deeper into the project.
Mayor Carpenter stated his compliments to Council and if you approve this it is a strong
and correct decision based on all the things we have seen and tried to do in the past.
Mayor Carpenter called for the vote. 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.
15. Ordinance No. 17 -A -44 -- Consideration and /or action approving an Ordinance
confirming and approving a boundary agreement establishing the municipal boundary
between the City of Schertz and the City of Cibolo for property located within the
Homestead development (First Reading) (B. James /L. Wood/B. Cox)
The following was read into record:
ORDINANCE NO. 17 -A -44
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ
CONFIRMING AND APPROVING A BOUNDARY AGREEMENT
ESTABLISHING THE MUNICIPAL BOUNDARY BETWEEN THE CITY OF
SCHERTZ AND THE CITY OF CIBOLO; AND PROVIDING AN EFFECTIVE
DATE.
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Mayor Carpenter recognized Senior Planner Bryce Cox who stated The Homestead master
plan (previously known as Nortex Farms) was originally approved on June 17, 2014 as
part of the adoption of the Planned Development District (PDD). This master planned
development covers approximately 667 acres, with approximately 433 acres being in
Schertz and 234 acres in Cibolo. A future collector roadway that is oriented east /west is to
be located near the current boundary between the two cities. The staff from both cities and
the developer agree that adjusting the boundary between the two cities to follow the
proposed road will be beneficial to both cities as it will serve to clearly mark the city
limits, identify roadway maintenance responsibilities, and keep areas in Homestead from
being split between the cities.
This a previous version of this ordinance that was approved on first reading by Schertz
City Council on July 11, 2017. It was also concurrently taken on the same day to the
Cibolo City Council who did not approve the agreement. There were questions from
Cibolo City Council regarding the transfer of land to Schertz. Since that time staff
representatives from both cities have met and revised the proposed roadway ownership to
switch the roadway segments. The current proposal is for Schertz to transfer land to
Cibolo so that Cibolo will be responsible for the round -a -bout and roadway section to the
east. Additionally, Cibolo will transfer land to Schertz so that Schertz is responsible for
the roadway section west of the round -a -bout. This current agreement was presented at the
October 10, 2017 Cibolo City Council meeting where it was approved.
The goal of this boundary agreement is to adjust the city limits between the City of
Schertz and the City of Cibolo to follow the east west collector road that is planned in the
Homestead Master Development Plan.
Approval of Ordinance 17 -A -44 adjusting the boundary in this area so that the city limits
will follow the outside edges of the street right -of -way as shown in the attached exhibit.
Schertz would be transferring approximately 0.7139 acres of land to Cibolo and Cibolo
would be transferring approximately 6.847 acres of land to Schertz. There are no planned
developable lots being transferred in this agreement. The areas being transferred out of
Schertz into Cibolo are shown on the master plan to be right -of -way. The areas being
transferred out of Cibolo into Schertz are shown on the master plan to be right -of -way,
private park/open space, and a narrow frontage portion of the townhome section of the
Homestead development.
The boundary agreement would place the roadway section west of the round -a -bout in
Schertz' city limits and the city would be responsible for future maintenance of the road.
The round -a -bout and roadway section to the east would be in Cibolo's city limits. The
split section ownership of the roadway provides for clear ownership of the roadway and
allows each city to bear part of the responsibility for future roadway maintenance.
Mayor Carpenter recognized Councilmember Thompson who moved, seconded by
Councilmember Crawford to approve Ordinance No. 17 -A -44 first reading. The vote was
unanimous with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez,
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Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion
passed.
16. Ordinance No. 17 -D -45 -- Consideration and/or action approving an Ordinance amending
the City of Schertz Code of Ordinances Section 86 -115 Maximum limits generally on
specific streets by imposing a temporary construction speed zone from IH 35 frontage
roads from MP 1.441 which is approximately 580' southwest of FM 1103, northeasterly to
MP 1.668 which is approximately. 618' northeast of FM 1103, for a distance of 0.227
miles approximately to 45 MPH. First and Final Reading and declaring an emergency.
(B. James/K. Woodlee/C. Palomo)
The following was read into record:
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF
SCHERTZ, TEXAS, BE AMENDED BY REVISING SECTION 86 -115,
MAXIMUM LIMITS GENERALLY ON SPECIFIC STREETS; AND PROVIDING
AN EFFECTIVE DATE AND DECLARING AN EMERGENCY
Mayor Carpenter recognized City Engineer Kathy Woodlee who stated about a month ago
they came before Council asking to pass an ordinance establishing the speed zone around
the construction area of FM 1103 and lH 35. When staff sent TxDOT the executed
documentation they stated they had erred the first time and that the speed limit should be
45 mph. When staff inquired if we could just leave it at the lesser speed 'indicated on the
executed ordinance, they said no, it has to be in alignment with their specific guidelines.
Therefore, this item is to revise the ordinance that was passed last month.
Mayor Carpenter recognized Mayor Pro -Tern Edwards who moved, seconded by
Councilmember Gutierrez to approve Ordinance No. 17 -D -45 first and final reading. 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 vote for
agenda items 1 -16.
Closed Session
Mayor Carpenter convened into Closed Session at 9:31 p.m.
17. City Council will meet in closed session under section 551.087 of the Texas Government
Code, Deliberation Regarding Economic Development Negotiations; Closed Meeting. The
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governmental body is not required to conduct an open meeting (1) to discuss or deliberate
regarding commercial or fmancial 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 fmancial
or other incentive to a business prospect.
Project E -033
Reconvene into Regular Session
Mayor Carpenter reconvened into Regular Session at 10: 04 p.m.
17a. Take any action based on discussions held in closed session under Agenda Item 17.
No action was taken.
Requests and Announcements
18. Announcements by City Manager.
No further announcements were made.
19. Mayor and Council members to request that items be placed on a future agenda.
Mayor Carpenter recognized Councilmember Thompson who stated he would like to see a
future workshop on the agenda providing information about speedbumps and speedhumps.
How can a subdivision request these, how are they paid for, criteria needed for approval,
etc. Also, if we have this presentation how can we notify HOA presidents if they wish to
attend. Mayor Carpenter concurred summarizing for staff to present an overview to the
Council about speedbumps and when they make sense from an engineering perspective
and when they don't and what a process would be for a neighborhood to formally request
them via their HOA.
Mayor Carpenter recognized Mayor Pro -Tem Edwards who stated at the TML Conference
this year a company was present who did an interactive soccer wall. He was wondering if
Mr. Kessel could contact them and invite them to set up at our upcoming Festival of
Angels. Mr. Kessel stated they would be happy to reach out to them.
Mayor Carpenter recognized Councilmember Crawford who stated Mr. Kessel recently
sent him an e -mail about the shredding program. The City of Live Oak will have theirs
going on November 4h at the fire station. He stated he would visit with Mr. Kessel about it
next week.
20. Announcements by Mayor and Councilmembers
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• 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 thanked several individuals
for their participation in a recent festival and the Meet the Candidates event. He stated he
also drove through Misty Woods the other night and noticed a whole band of coyotes. He
would like our Code Compliance staff to meet with the builders as the coyotes are
attacking trash cans /dumpsites and feeding off trash left behind by the construction crews.
Mayor Carpenter stated the local Masonic Lodge had a car show over the weekend and a
few weeks ago the Friends 4 Fischer House had one. He also attended a couple of other
festivals recently; this is a vibrant community, with fun things to go to that are put on not
only by the city but other entities as well. There were big turnouts for all of these events.
Adi ournment
As there was no further business, Mayor Carpenter adjourned the meeting at 10:09 p.m.
chael R. Carpenter, Mayor
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ATT�T:
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Bre a Dennis, City Secretary
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