11-28-2017 MinutesMINUTES
REGULAR MEETING
November 28, 2017
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
November 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
City Attorney Dan Santee
City Secretary Brenda Dennis
Mayor Pro -Tem Cedric Edwards
Councilmember Ralph Gutierrez
Councilmember David Scagliola
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 6:00 p.m.
Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of
Texas. ( Councilmember Davis)
Councilmember Davis provided the opening prayer followed by the pledges of allegiance to the
flags of the United States and the State of Texas.
Mayor Carpenter announced that Council will now join the tree lighting ceremony being
conducted in front of the complex. Members of Council, staff and residents joined the event
outside at 6:03 p.m.
Mayor, Members of Council staff and residents rejoined the regular meeting at 6:31 p.m.
• Announcements of upcoming City Events (B. James/D. Wait/S. Gonzalez)
Mayor Carpenter recognized Executive Director Brian James who provided the following
announcements:
Wednesday, November 29th
TgDOT Open House Schertz Civic Center 5:30 pm to 7:30 pm
TxDOT will conduct an Open House for the proposed widening of FM 1518 from 78 to
Interstate 10 in Bexar County.
Friday, December 11t
City Council Team Building Retreat 8:30 am, Fairfield Inn & Suites
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Festival of Angels Event 6:00 pm, front of the Hal Baldwin Municipal Complex This
event includes a lighted night parade, Blue Santa fundraiser, pictures with Santa, sounds
of the season from local music groups, food and craft sales.
Tuesday, December 5,11:00 am to 1:00 pm
San Antonio Manufacturing Association is holding a luncheon. The Mayor will be
speaking at that event alongside San Antonio Mayor Ron Nirenberg and County Judge
Nelson Wolff. They will be rolling out the Manufacturing Report at that event. If any
councilmember wishes to attend, contact the EDC Department to reserve a seat.
Tuesday, December 5th
City Council and Leadership Photos, Council Chambers Conference Room 4:00 pm
Public Affairs is coordinating with a photographer to get headshots of City Council and
City leadership.
City Council Meeting, Council Chambers, 6:00 pm
Saturday, December 9th
Movie in the Park, Pickrell Park 5:00 pm
`Dr. Seuss' How the Grinch Stole Christmas Popcorn and drinks will be available for
purchase.
0 Announcements and recognitions by City Manager (J. Kessel)
Mayor Carpenter recognized City Manager John Kessel who said he received a letter of
appreciation from some residents on Woodland Oak Drive regarding the repair of an
embankment in the right of way. Public Works Superintendent Doug Letbetter, Street
Supervisor Robert Martinez and other public works crewman were commended for their
excellent repair.work and listening to the concerned residents.
Schertz Parkway is progressing with most of the heavy excavation completed; the project
continues to move along. Also, the Lower Seguin Road bridge repair is progressing well
and next week they plan to pour the concrete for the bridge surface. Their goal is to have
that work complete by Christmas.
Lastly, Mr. Kessel said they are working on some information and bids for moving
forward with the repair of the bathrooms at the YMCA. They will be coming back to
Council once they finish gathering all the data on the estimated costs, etc.
Hearing of Residents
Mayor Carpenter recognized the following individuals who spoke:
Ms. Clare Layton, Bexar County Schertz ETJ area, who spoke about the need to develop a
policy or guideline for all city employees as well as any elected and/or appointed officials
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who may utilize today's social media on behalf of the City. This should happen `now'
with no further delay.
® Pastor Zak White, Revolution Church, who spoke about the 9 acres of land off of FM
3009 that the church is under contract to purchase. There is a small parcel of land beside it
owned by the city that is too small to do anything with. The church is interested in
partnering with the city to donate maybe an acre of their land to create an area that
connects with two existing nearby city parks. Their goal is to team up with the city and
make it an even more desirable place to live. Pastor White shared some documentation
plans and his business card with Council for future discussions.
• Ms. Maggie Titterington, President of The Chamber, who presented the Mayor with a
signed and framed poster of the recent Skylight Balloon Festival. Each participating city
will get one. She thanked him for the collaboration. The event was attended by over 6,000
people. They are already planning for next year's event.
She also stated she is excited that Revolution Church is moving to the City of Schertz and
wants to partner with the city on various future projects.
Workshop
• Update on the Roadway Rehabilitation Project. (B. James/K. Woodlee /J. Nowak)
Mayor Carpenter recognized City Engineer John Nowak who provided a PowerPoint
presentation on the recent activity and progress they have made. A three- person team
went out and identified the scope of work to be done. They adjusted the project list
originally provided by IDS during the PCI study based on the field observations. Cost
estimating was refigured based on the scope of work to be done and using current cost
data. The next step was selecting a consultant from the city's on -call list of firms.
Going forward, the team will create and execute a design consultant contract. Consultant
field work will be done and staff will add any additional streets to the project as needed to
fully utilize the available funding. A construction plan will be created followed by
requests for proposals and then a contract award. After this, construction can begin.
Lastly, for the next round of rehab projects staff will have to conduct a reevaluation of all
the streets (a new PCI analysis).
Currently, the recommended street projects for this first round are located at Tri- County
Parkway, Schertz Parkway, Curtiss Avenue, Randolph Avenue, Greenfield Village, Live
Oak Road, and the Northcliffe community. This involves about 8.44 miles of roadway
with an estimated cost of just over $3 million. Funding availability is $3.2 million.
Mr. Nowak described improvements they would address in each separate area such as mill
and overlay work, addressing curb and gutter issues, drainage problems, spot base repairs,
asphalt leveling, chip /crack sealing, new driving surfaces, new concrete pavement, etc.
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Mr. Nowak and Executive Director Brian James addressed comments and questions from
Council. Mayor Carpenter suggested that the slides from this presentation be loaded onto
the City website for the public to be able to view.
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 recognized Mayor Pro -Tem Edwards who moved seconded by Councilmember
Larson to add agenda item 11 to consent. The vote was unanimous with Mayor Pro -Tem
Edwards, Councilmembers Davis, Gutierrez, Larson, Scagliola, Kiser and Crawford voting
for and no one voting no. Motion passed.
1. Minutes — Approval of the minutes of the Regular Meeting of November 14, 2017 and
minutes of the Special Meeting of November 20, 2017. (J. KesselB. Dennis)
2. Boards, Commissions and Committee Member Appointments — Consideration and/or
action approving the appointment of Ms. Kimberly Smith as an Alternate Member to the
Parks & Recreation Advisory Board and the appointment of Glen Outlaw to the
Committee of Committees Advisory Board. (Mayor /Council/B. Dennis)
3. Scheduling a Regular Council meeting for December 19, 2017 and the Cancellation
of the December 26, 2017 and January 2, 2018 City Council Meetings — Consideration
and/or action scheduling a Regular Council meeting for December 19, 2017 and
cancelling the December 26, 2017 and January 2, 2018 City Council meetings due to the
holidays. (B. Dennis /Council)
4. Ordinance No 17 -M -48 — Consideration and/or action approving an Ordinance
authorizing a Reimbursement Agreement with CVS Pharmacy, Inc. for construction of a
water line extension associated with the development of the Schertz Retail Center. Final
Reading (D. Wait/J. Hooks)
ORDINANCE NO. 17 -M -48
AN .ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING A REIMBURSEMENT AGREEMENT WITH CVS
PHARMACY, INC., FOR CONSTRUCTION OF A WATER LINE EXTENSION
ASSOCIATED WITH THE DEVELOPMENT OF THE SCHERTZ RETAIL
CENTER; AND ESTABLISHING AN EFFECTIVE DATE HEREOF
5. Ordinance No. 17 -T -46 — Consideration and/or action approving an Ordinance
authorizing a budget amendment to fund elevated storage tank repainting. Final Reading
(B. James /J. Walters)
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ORDINANCE NO. 17 -T -46
AN ORDINANCE BY THE CITY. COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING A BUDGET AMENDMENT TO FUND ELEVATED
STORAGE TANK REPAINTING; REPEALING ALL ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING
AN EFFECTIVE DATE (
6. Ordinance No. 17 -K -47 — Consideration and/or action on an ordinance closing and
abandoning to the abutting property owner a section of Trainer Hale Road right -of -way
located approximately 850 feet south of the intersection of FM 1518 and Lower Seguin
Road. Final Reading (B. James/L. Wood/B. Cox)
ORDINANCE NO. 17 -K -47
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, CLOSING AND ABANDONING TO THE ABUTTING PROPERTY
OWNER A PORTION OF RIGHT -OF -WAY WEST OF FM 1518,
APPROXIMATELY 850 FEET SOUTH OF THE INTERSECTION OF LOWER
SEGUIN ROAD AND FM 1518; AND ESTABLISHING AN EFFECTIVE DATE
HEREOF
11. Resolution No. 17 -R -109 — Consideration and/or action approving a Resolution
authorizing an agreement for a Temporary Construction License across property owned
by Schertz- Cibolo- Universal City Independent School District. (B. James/K. Woodlee)
RESOLUTION NO. 17 -R -109
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, APPROVING AND AUTHORIZING AN AGREEMENT FOR A
TEMPORARY CONSTRUCTION LICENSE ACROSS PROPERTY OWNED BY
SCHERTZ - CIBOLO - UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT
IN CONNECTION WITH THE CORBETT TANK PROJECT, AND OTHER
MATTERS IN CONNECTION THEREWITH
Mayor Carpenter recognized Mayor Pro -Tern Edwards who moved seconded by
Councilmember Gutierrez to approve consent agenda items 1 -6 and item 11. The vote was
unanimous with Mayor Pro -Tern Edwards, Councilmembers Davis, Gutierrez,
Larson, Scagliola, Kiser and Crawford voting for and no one voting no. Motion
passed.
Councilmemher.Larson left the dais.
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Discussion Items
7. Resolution No. 17 -R -104 - Consideration and/or action approving a Resolution
authorizing an Improvement Agreement with Rolling Hills Ranch Development Ltd., for
the construction of roadway and infrastructure improvements to Eckhardt Road related to
The Parklands Subdivision Unit 1. (B. James/L. Wood/B. Cox)
RESOLUTION NO. 17 -R -104
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING AN IMPROVEMENT AGREEMENT FOR THE
PARKLANDS SUBDIVISION UNIT 1, AND OTHER MATTERS IN
CONNECTION THEREWITH
Mayor Carpenter recognized Senior Planner Bryce Cox who stated in September 2013,
City Council approved a Planned Development District (PDD) rezone for The Parklands
development, generally located at the intersection of Froboese Lane and Eckhardt Road.
The Parklands development is a single family residential development consisting of 505
planned single- family home lots divided into 4 units. The development also includes a
school site and an approximately 5 -acre public park that is within Unit 3.
The Planning and Zoning Commission approved a preliminary plat for The Parklands
Subdivision Unit 1 on May 11, 2016 and approved the final plat on October 12, 2016. As
part of the platting process the property owner requested a waiver to relocate the obligated
public infrastructure improvements to Eckhardt Road from the section adjacent to The
Parklands Subdivision Unit 1 to the intersection of IH -35 and Eckhardt Road. The
Planning and Zoning Commission approved this waiver on October 12, 2016 with the
following conditions:
The applicant entered into an Improvement Agreement with the City to construct
the offsite improvements to Eckhardt Road and that allows for the deferral of the
improvements to Eckhardt Road.
If the applicant cannot reach agreement on the terms of the Improvement
Agreement, the applicant would then construct the original required improvements
to Eckhardt Road adjacent to The Parklands Subdivision.
If the applicant cannot obtain the necessary additional right -of -way dedication for
the offsite improvements, the applicant would then construct the original required
improvements to Eckhardt Road adjacent to The Parklands Subdivision.
In order to record the plat, the property owner must complete all public infrastructure
improvements or enter into an Improvement Agreement to defer construction and
installation of the public infrastructure improvements.
With regard to the obligation for constricting improvements to Eckhardt Road, the owner
will now be constructing two full lanes of Eckhardt Road for just under 700' from the
frontage road of IH 35 back to the south, and then one lane for an additional 400'. The
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benefit of this is that traffic from the Parklands development and Cypress Point that is
utilizing Eckhardt Road now have the benefit of an improved section of Eckhardt Road at
IH 35 where there is anticipated to the most traffic.
Additionally, with this shift of improvements at least one lane of Eckhardt Road will be
improved all the way to the southernmost end of the Cypress Point development, rather
than having sections of Eckhardt Road that have not been improved at all, including the
section that will have the most traffic, the section near IH 3 5.
The drawback is that the City will now be obligated to construct the improvements
adjacent to the Parklands Development at some point in the future. This essentially buys
the City some time. This section is on the proposed Roadway Impact Fee CIP, so if
roadway impact fees are adopted, the funds collected from Service Area 1 can be used to
build this section of Eckhardt Road.
This agreement is beneficial to both the property owner and the City. The property owner
would be able to plat Unit 1 and then start home construction and the City would receive
improvements to Eckhardt Road beginning at IH -35 and continuing south east completing
approximately 1,095 feet of full width roadway.
While staff typically recommends against entering into agreements to defer public
infrastructure installation for residential subdivisions due to risk of lots being sold that
cannot be immediately developed, this situation is unique. The request from the property
owner is to only defer improvements to Eckhardt Road which is an existing roadway that
has had some improvements with the Cypress Point Subdivision. The infrastructure
improvements within Unit 1 are not included in the request and will be finished and
accepted by the City before the plat can be recorded. This will allow the subdivision to be
safely developed immediately upon plat recording, even without the Eckhardt Road
improvements.
There have been some project delays with acquisition of the needed right -of -way and
permitting through TXDOT which has delayed the anticipated construction schedule.
However, these issues are very near resolution and construction is anticipated to begin in
first quarter 2018. It is the opinion of Staff that with the approved waiver to move the
Eckhardt Road improvements to begin at the IH -35 intersection, the improvements will
benefit more residents and people who travel the road as the intersection is one of the most
traveled sections of the road.
If approved, the agreement will require the property owner to post a fiscal surety to secure
the public infrastructure improvements for Eckhardt Road. The property owner would
then construct all improvements to Eckhardt Road within 1 year from the recording of the
plat. This agreement is beneficial to both the property owner and the City. The property
owner would be able to plat Unit 1 and then start home construction and the City would
receive improvements to Eckhardt Road beginning at IH -35 and continuing south east
completing approximately 1,095 feet of full width roadway.
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Lastly, by shifting the owner of the Parklands responsibility for constructing the adjacent
portion of Eckhardt Road, the City takes on that responsibility, which is estimated at about
$275,000. As noted above if the roadway impact fee CIP is adopted as proposed and
roadway impact fees are adopted, funds can be used for this construction.
Staff recommends approval. Staff answered questions from Council.
Mayor Carpenter recognized Councilmember Crawford who moved seconded by
Councilmember Kiser to approve Resolution No. 17 -R -104. The vote was unanimous
with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Scaghola, Kiser
and Crawford voting for and no one voting no. Councilmember Larson had left the
dais and did not vote. Motion passed.
Councilmember Larson returned to the dais.
8. Resolution No. 17 -R -105 - Consideration and/or action approving a Resolution
authorizing a Parkland Improvement Agreement with Rolling Hills Ranch Development
Ltd., related to public parkland dedication and improvements for The Parklands
Subdivision Units 1 and 2. (B, James/L. Wood/B. Cox)
RESOLUTION NO. 17 -R -105
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING A PARKLAND IMPROVEMENT AGREEMENT FOR
THE PARKLANDS SUBDIVISION UNITS 1 AND 2, AND OTHER MATTERS IN
CONNECTION THEREWITH
Mayor Carpenter recognized Senior Planner Bryce Cox who stated the Planning and
Zoning Commission approved a preliminary plat for The Parklands Subdivision Unit 1 on
May 11, 2016 and approved the final plat on October 12, 2016. In order to record the plat,
the property owner must meet the parkland dedication and improvement requirements, pay
a fee in lieu, or enter into an Improvement Agreement.
The property owner is requesting an improvement agreement to defer dedication and
improvements to public parkland in The Parklands Subdivision to future Unit 3. Access
and public infrastructure improvements surrounding the public parkland are being
provided with Unit 3 of the subdivision.
The Planning and Community Development Department and Parks, Recreation and
Community Service Department met with representatives of the property owner several
times to discuss improvements to the parkland. As a result of those meetings, both staff
and the owner are in agreement that the park amenities will include a playscape, pavilion,
sports court, playing field with goals and a 10' perimeter walkway. These items are
depicted in Exhibit C of the attached Parkland Improvement Agreement.
Because the road access and utility improvements surrounding the parkland will not be
constructed until Unit 3 of the planned subdivision, the property owner is requesting a
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Parkland Improvement Agreement to defer parkland dedication and improvements to Unit
3. If approved, the agreement will require the property owner to post a fiscal surety to
secure the parkland improvements for each Unit 1 and 2. The property owner would then
construct all parkland improvements with Unit 3 and dedicate the improved parkland with
the recording of the Unit 3 final plat. This agreement is beneficial to both the property
owner and the City. The property owner would be able to plat Units 1 and 2 and then start
home construction and the City would receive 5 acres of improved parkland with Unit 3
which would be approximately halfway through the build -out of the development. Staff
recommends approval,
Mayor Carpenter recognized Councilmember Gutierrez who moved seconded by Mayor
Pro -Tem Edwards to approve Resolution No. 17 -R -105. The vote was unanimous with
Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Scagliola,
Kiser and Crawford voting for and no one voting no. Motion passed.
9. Public Hearing — Conduct a public hearing and consideration and/or action approving
PH Resolution No. 17 -R -107 adopting the land use assumptions and Capital Improvements
Plan and possible imposition of roadway impact fees. (B. James/K. Woodlee)
RESOLUTION NO. 17 -R -107
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS ADOPTING LAND USE ASSUMPTIONS AND THE CAPITAL.
IMPROVEMENTS PLAN ASSOCIATED WITH ROADWAY IMPACT FEES,
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. It also provides a basis for a Schertz specific rough
proportionality analysis. 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 uses assumptions and capital improvements plan for
the area where impact fees are to be charged.
On October 24, 2017 City Council approved Resolution 17 -R -93 setting the date for the
public hearing to consider adopting the land use assumptions and capital improvements
plan for November 28, 2017.
Ms. Woodlee introduced Mr. Edmund (Eddie) Haas, Principal VP with Freese and
Nichols,. Inc., who provided a PowerPoint presentation regarding Impact Fee Land Use
Assumptions and Capital Improvements Plan. He explained what impact fees are through
a systematic, structured approach to assessment of the fees.. Mr. Haas stated a one -time
charge is assessed to new development for a portion of costs related to a specific capital
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improvement program. Impact fees are a mechanism for funding the infrastructure
necessary to accommodate new development.
Mr. Hass went over the program development process utilizing the following:.
- Develop Land Use Assumptions
- Develop Capital Improvements Plan
- LUA/CIP Public Hearing — City Council
- Conduct Impact fee calculations /prepare technical report
- Impact Fee Public Hearing and Council consideration
- Adopt Impact Fee Ordinance
• Roadway Service Areas
- Confined to city limits
- Service areas up to 6 -mile diameter
- Structure for future annexation by city
- Fees must be spent in the service area in which they are captured
• Land Use /Growth Assumptions
- 10 -year growth projections for impact fees
- Based on trend/forecasted community growth
- Population/employment used to derive demand from new development
- Basis for CIP development
• Population Historic Trends
• Population Projections
• 10 -Year Growth
- Population projections from historic and expected growth
- CIAC approved population growth rate: 3.50%
- Employment based on AAMPO Projections
Capital Improvement Plan
• Impact fee CIP different from traditional CIP
• Projects eligible include arterial and collector roads on thoroughfare plan
• May include completed projects with excess capacity, projects under construction,
and future projects
• State routes (City $) eligible
Projected 10 -Year Demand
• Land Use Assumptions converted to Service Unit Demand
• Land Use Equivalency Table
o Based on trip rate and trip length data
Eligible Projects
• Arterials
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• Collectors
Project Selection
• Full Thoroughfare Plan Buildout
Most flexibility in program
Omit FM 3009 extension
• No recoupment projects in initial
program
Next Steps
• Develop Land Use Assumptions
• Develop Capital Improvement Plan
• LUA/CIP Public Hearing — City Council
• Conduct Impact Fee Calculations/Prepare Technical Report
• Impact Fee Public Hearing and Council consideration
• Adopt Impact Fee Ordinance
Mayor Carpenter opened the public hearing and as no one spoke, closed the public hearing
for Council comments.
Mr. Haas and Executive Director Brian James addressed questions from Council. If this
item is approved by City Council, -staff will begin meeting with stakeholders to solicit
input regarding roadway impact fees, including the maximum allowable cost per service
unit in each service area. Staff is anticipating inviting interested boards and commissions
to that presentation — EDC, CCAB, and TSAC. Mr. James stated that information will be
sent out in advance to Council and it will be placed on the website as they go forward.
Councilmembers Larson, Crawford and Scagliola stated that they wanted to move slowly
on this and have workshops for full understanding, open transparency with residents, and
have honest and clear conversations with residents.
Councilmember Larson believes that this is just another new tax and it will increase the
price of homes. Mr. James addressed these questions and concerns from Councilmember
Larson.
Mayor Carpenter recognized Mayor Pro -Tem Edwards who stated that this is not unique
to Texas, just to this area; New Braunfels and Cibolo have impact fees. Mr. James
addressed Mayor Pro -Tem Edwards question of why developers would support this and
provided examples. Mayor Pro -Tem Edwards stated there needed to be several
stakeholder meetings with developers and citizens to provide them as much information as
possible. This is a way to stay ahead of the game instead of playing catch up.
Mayor Pro -Tem Edwards stated he understands what his colleague is saying, that this is a
tax that is going to increase the price of- homes. However, he was always told `there is no
free lunch in America,' there is also `you get what you pay for.' He knows that the tax is
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already embedded in these lots, whether you call it a fee or a tax, it's embedded, and it is
spread out among the whole community already.
If we continue to give an incentive agreement without collecting any impact fees, isn't that
a tax? It is; ultimately the consumer is paying to have the big box come in and getting the
incentive at that time and we are not collecting anything on that except sales tax. Again,
Mr. James reiterated that we can hold more meetings with stakeholders if needed. The
real issues are, how do you phase it in? How do you receive credits for it? We know we
have a maximum we can charge, but what are we going to charge? What is the money we
need so that it doesn't kill development and what are the other communities charging?
These things will be looked at. Mr. Haas and Mr. James continued to address Mayor Pro -
Tem Edwards other questions.
Mayor Carpenter recognized Councilmember Scagliola who stated he saw a need for this a
while back already. After visiting with staff and business owners, he sees a lot of
confusion on what a capital improvement fee is and what an impact fee is. Once those
terms are explained they don't see the fees as a tax - - -the fees pay for services rendered. It
is the cost of doing business and what people come to expect, but you have to have an
open, honest and transparent dialog for them to understand that. If we don't expect new
developments.to pay for their own infrastructure, then we place the responsibility on our
current residents and businesses to subsidize those developments; that's a strategy he has
never agreed with. This conversation is needed to address that.
Mr. James addressed Councilmember Crawford's questions about what would happen if
we don't impose the impact fees. Mr. Haas provided commentary regarding what amount
the fee could be and what he has seen from other cities; however, the finance study needs
to be completed first.
Mayor Carpenter recognized Councilmember Larson who stated he believes language
matters in the roadway impact tax. It is important to be clear that all taxes are payments
for services rendered. An earlier question of his was unintentionally misleading; are
taxpayers currently paying this embedded fee now; the answer is yes. Now we are talking
about up to $80 million in new revenue and he thinks it is important to establish it and to
not currently embed it in the cost; it would be a new embedded cost that would focus
primarily on new development.
It is also important to understand that if such an impact is to raise the value of homes, that
has a property tax reality on all citizens as well. This may or may not be a good idea. He
thinks the city has a legitimate need to maintain growth and keep up with growth on
roadways. He is not necessarily against it because this is a legitimate role of city
government to find a way to find funding mechanisms for roads. But if we do that, the
conversations need to be as.honest as possible; this is going to cost all tax payers because
their home values are going to increase and the cost of new homes are going to increase;
all taxes are going to go up. He wants to be clear that this is new revenue which is not a
currently embedded cost and will impact every citizen in Schertz.
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Mayor Carpenter recognized Councilmember Gutierrez who stated that this is a way to
manage growing pains. He suggested setting the amount low and we can make
adjustments later. Mr. Haas said that those are policy questions to be solved.
Mayor Carpenter agreed with members of Council who had concerns and have spoken up.
We do need more time to talk about this because our decisions will have an effect on
future growth. We will have to hear from Economic Development, the community and the
residents. Hopefully, we will get to that point that has the most benefit and the least
problems being created by our actions. Great discussion from Council and good
presentations given here this evening.
Mayor Carpenter recognized Councilmember Crawford who moved seconded by Mayor
Pro -Tem Edwards to approve Resolution No. 17 -R -107. The vote was unanimous with
Mayor Pro-Tent Edwards, Councilmembers Davis, Gutierrez, Larson, Scagliola,
Kiser and Crawford voting for and no one voting no. Motion passed.
10. Resolution No. 17 -R -108 — Consideration and/or action approving a Resolution
supporting the filing by the Texas Department of Transportation of an application with the
Alamo Metropolitan Planning Organization Transportation Improvement Program funded
through the Surface Transportation Program — Metro Mobility; pledging that if an award is
received the City of Schertz is committed to providing funding, authorizing the City
Manager to act on behalf of the City of Schertz in all matters related to the application. (B.
James/K. Woodlee)
RESOLUTION NO. 17 -R -108
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, SUPPORTING THE FILING BY THE TEXAS DEPARTMENT OF
TRANSPORTAION OF AN APPLICATION WITH THE ALAMO AREA
METROPOLITAN PLANNING ORGANIZATION TRANSPORTATION
IMPROVEMENT PROGRAM FUNDED THROUGH THE SURFACE
TRANSPORTATION PROGRAM — METRO MOBILITY; PLEDGING THAT IF
AN AWARD IS RECEIVED THE CITY OF SCHERTZ IS COMMITTED TO
PROVIDING FUNDING; AUTHORIZING THE CITY MANAGER TO ACT ON
BEHALF OF THE CITY OF SCHERTZ IN ALL MATTERS RELATED TO THE
APPLICATION; AND OTHER MATTERS IN CONNECTION THEREWITH
Mayor Carpenter recognized Executive Director Brian James who stated the city was
approached by TxDOT who has been working on the design'and right of way acquisition
for what is called the Phase 1 FM 1518 project. During the initial FM 1518 discussions,
the need to fund Phase 2 has always been a priority but would require TXDOT to take the
lead and also provide a portion of the overmatch funding.
The city had originally gone to the voters and asked for their approval of $5 million of
obligation bonds to use to start on the FM 1518 improvements. TxDOT would come in
with match money for that and we would apply to AAMPO for additional funds which
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hopefully will ultimately add up to a total of $19.5 million which we can use for the first
phase of the project.
The AAMPO additional round of funding has come up and staff was watching for it.
Meanwhile, as we have gotten into design, TxDOT has now come forward recommending
we also go forward with Phase II at the same time to save overall total completion costs.
However, the submittal deadline is coming up in less than a week (December 4), which
means we have to ask for Council's commitment to this on very short notice. The
commitment would be for $5 million from the city to be able to apply for this grant going
forward. TxDOT will also be putting forth an additional $5 million and we would continue
to look for some other sources to kick in funding.
Mr. James and Finance Director James Walters addressed questions from Council
regarding additional costs right of ways and relocating utilities —who would bear this
expense: answer is the City. Where would we find the money for that? Answer: Water
and Sewer Fund which currently has a lot more funding and flexibility to make that
happen. For the right of way costs FM 1518 is a CIP road. FM 1518 and FM 1103 are
roadway impact fee eligible monies. Staff also hopes to get more financial participation
from Bexar County. City bonding capacity is available.
Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved seconded by
Council-member Kiser to approve Resolution No. 17 -R -108. The vote was unanimous
with Mayor Pro -Tem Edwards, Councihnembers Davis, Gutierrez, Larson,
Scaghola, Kiser and Crawford voting for and no one voting no. Motion passed.
RoU Call Vote Confirmation
Mayor Carpenter recognized City Secretary Brenda Dennis who provided the roll call vote for
agenda items 1 -11.
Closed Session
Mayor Carpenter convened into Closed Session at 9:03 p.m.
12. 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 -036
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Reconvene into Regular Session
Mayor Carpenter reconvened into Regular Session at 9:25 p.m.
12a. Take any action based on discussions held in closed session under Agenda Item 12.
No action was taken.
Requests and Announcements
13. Announcements by City Manager.
No further announcements were made.
14. Mayor and Council members to request that items be placed on a future agenda.
Mayor Carpenter recognized Mayor Pro -Tem Edwards who requested an update on
staffing for the Police Department and also a detailed update on the electronic sign (from
Mr. Kessel).
Mayor Carpenter recognized Councilmember Scagliola who asked if at the upcoming
retreat they could bring up the social media discussion again. After several comments
from other members, Councilmember Larson objected to this item being placed on a
future agenda again as they have discussed the subject thoroughly already within the past
two months.
Councilmember Kiser stated she doesn't recall taking a vote of the Council but feels a
minimal discussion on some guidelines (as opposed to policy) would be a good idea.
Councilmember Crawford spoke in agreement with Councilmember Kiser.
Mayor Carpenter stated whenever they have a briefing from the City Attorney and/or Staff
in regard to implications and training they can also have an agenda item where they will
all discuss whether to add an agenda item in a future meeting to delve into policy or
guideline discussion. They will need to have it on the agenda and decide as a group if they
will take that forward or not. He will get with the City Secretary at a later date to draw up
the appropriate language for that item.
15. 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
11 -28 -2017 Minutes Page -15 -
Mayor Carpenter recognized Mayor Pro -Tem Edwards who stated he attended the
following:
• Volunteered to serve food at Cibolo's Harmon's BBQ during Thanksgiving. He
recommended everyone consider giving the gift of `time' during the holidays to
family, friends and those without.
Mayor Carpenter welcomed Dr. Scagliola back on City Council and is looking forward to
working with him for the next three years. Congratulations!
16. Information available in City Council Packets - NO DISCUSSION TO OCCUR
• Updated information regarding the old school house. (Information requested by
Mayor Pro -Tem Edwards)
Adi ournment
As there was no further business, Mayor Carpenter adjourned the meeting at 9:34p.m.
Michael R. Carpenter, Mayor
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