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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 11 -28 -2017 Minutes Page - 1 - 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 11 -28 -2017 Minutes Page - 2 - 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. 11 -28 -2017 Minutes Page - 3 - 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) 11 -28 -2017 Minutes Page - 4 - 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. 11 -28 -2017 Minutes Page - 5 - 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 11 -28 -2017 Minutes Page - 6 - 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. 11 -28 -2017 Minutes Page - 7 - 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 11 -28 -2017 Minutes - Page - 8 - 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 11 -28 -2017 Minutes Page - 9 - 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 11 -28 -2017 Minutes Page -10 - • 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 11 -28 -2017 Minutes Page - 11 - 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. 11 -28 -2017 Minutes Page -12 - 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 11 -28 -2017 Minutes Page - 13 - 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 11 -28 -2017 Minutes Page -14 - 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 ATTEST:��- F�" 1, „ L_1renda Dennis, City Secretary k)� tAt -I 11 -28 -2017 Minutes Page - 16 -