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12-12-2017 MinutesCORRECTED MINUTES REGULAR MEETING December 12, 2017 A Regular MPeting was held by the Schertz City Council of the City of Schertz, Texas, on December 12, 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 EDC Board Members: EDC Board Member Victoria Readnour EDC Board Member Paul Macaluso EDC Board Member Gary Howell Staff Present: Executive Director Brian James - Mayor Pro -Tern Cedric Edwards Councilmember Ralph Gutierrez Councilmember David Scagli6la Councilmember Bert Crawford EDC Board Member Roy Richard EDC Board Member Katie Chain City Manager John Kessel Executive Director Dudley Wait Executive Director Kyle Kinateder Assistant to the City Manager Sarah Gonzalez City Attorney Dan Santee City Secretary Brenda Dennis Deputy City Secretary Donna Schmoekel Call to Order — City Council Regular Session Mayor Carpenter called the regular 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. (Mayor Carpenter) Mayor Carpenter provided the opening prayer followed by the pledges of allegiance to the flags of the United States and the State of Texas. Call to Order — Joint Workshop Session 1. Call meeting to order A. Schertz City Council Mayor Carpenter called the City Council Special Joint meeting to order at 6:02 p.m. B. Schertz Economic Development Corporation EDC Board Member Gary Howell called the EDC Special Joint meeting to order at 6:02 p.m. 12 -12 -2017 Minutes Page - 1 - Mayor Carpenter welcomed all the Economic Development Directors. Workshop Item ® Overview of Efforts to Implement the Historic Downtown/Main Street Schertz Plan. (B. James) Mayor Carpenter recognized Executive Director Brian James who introduced this item stating back in 2013, Council passed Ordinance 13 -S -31, which was an update to the City's Comprehensive Plan. Generally referred to as the Sector Plan, this included Part 4 with regard to the Historic Downtown of Schertz. This document established the direction to move with regard to the Main Street area. Additionally, voter approval of a $1 million bond for Main Street prior to this adoption helped shape the direction. A challenge is that Main Street includes a mix of retail, office, service, restaurant and residential uses. However, zoning is mostly General Business and R -2. However, this is pretty typical. What staff heard from the stakeholders is a desire to have a gathering place within downtown to be a catalyst for downtown redevelopment. It helps to have money to start with such as the bond funding of about $1 million. There is good visibility from FM 78, there is an existing stable neighborhood to the north of Main Street and existing single - family buildings could be adaptively reused. This is helpful. Some constraints are that most of the area is in the 100 -year flood -plain so development and redevelopment costs will be higher. Also, $1 million is not necessarily enough to serve as a catalyst or tipping point for change. The vision we have is to leverage Schertz's history and heritage, create a destination with local and independent businesses (already occurring), encourage the use of existing buildings, create unique and unifying identity through gateways and streetscape elements, and create a framework of activated civic spaces anchoring existing successful and new businesses. It should be noted that while there are few vacancies on Main Street today, it is still not most folk's vision of Main Street. Mr. James provided a picture /map of the area reflecting the new vision. Staff and committee member recommendations are to establish historic fagade improvement guidelines and evaluate and modify building and site development standards. Evaluate non - conforming standards and amend them to allow easier redevelopment. Evaluate use standards to make it easier to develop temporary uses and revise off street parking standards. Actions we have taken to date are: 1) drainage regulation tweaks for Main Street, 2) waiver of permit fees, 3) creation of Main Street Mixed Use Zoning District, 4) creation of the Main Street Grant Program, 5) Historic Committee Efforts— Landmark Designation, Mural, etc., and 6) San Antonio River Authority (SARA) study of the Cibolo Watershed. 12 -12 -2017 Minutes Page - 2 - Our next steps are to revisit the goal and structure of the program with Council (commercial only match level, maximum amount). We want to present potential modifications to the local floodplain ordinance while remaining in compliance with State and Federal regulations. We also want to seek additional funding to maximize the impact of Main Street Bond Improvements. We have the $1 million from the Main Street bond. We also have about $400,000 from the 2009 street bond and lastly, we would like to look to EDC for maybe $300,000 or as high as $500,000. Some desired improvements include: 1) Union Pacific Parking Lot Development, 2) Entry monuments, 3) Decorative lighting in key locations, 4) Fill in gaps in sidewalks, 5) Bump outs to frame parking at intersections, 6) Decorative paving at key intersections 7) Ornamental benches and trash cans 8) Design and contingency costs, and 9) Fog or Chip Seal Street. Once we know our funding level, we can reach out to our stakeholders in a public meeting. Subsequent discussion and dialog between staff, Council, and EDC board members included parking issues, flood plain costs and requirements, renovation/construction costs, EDC funding restrictions, public safety improvements, lighting, area beautification and preservation, need for a local flavor gathering place for locals as well as tourists. EDC Board Members provided a nod to staff to move forward providing information back to them for final funding dollar approval. Adiourn Special Joint Workshop Meeting A. Schertz City Council Mayor Carpenter adjourned the Council Special Joint meeting at 7:02 p.m. B. Schertz Economic Development Corporation Board Member Howell adjourned the EDC Special Joint meeting at 7:02 p.m. Mayor Carpenter moved to the hearing of resident's section of the agenda. Hearing of Residents Mayor Carpenter recognized the following individuals who spoke: • Ms. Michele Tereletski, 705 Marilyn Drive, who spoke regarding Item 5, the amendment to the Unified Development Code establishing a Building and Standards Commission and not understanding the action; she requested staff assist her in her questions, • Mr. Duane Conques, 4301 Shady Oaks Lane, who spoke regarding dedicating a parcel of land in front of Oak Forest and adjacent to FM 3009 after the man who donated it to the City of Schertz,. Coy Simmons. • Ms. Mary Whitfield Burks, 3737 Pebble Beach, who spoke regarding a letter her daughter wrote requesting No Name Park be named after her for her service on the City Council Advisory Committee many years ago. 12 -12 -2017 Minutes Page - 3 - Mr. Nick Morgan, 2520 Cedar Lane, and 533 Main Street, who spoke regarding his upcoming business that he will be opening up on Main Street and the agreement to have revitalization occur on Main Street. City Events and announcements ® Announcements of upcoming City Events (B. James/D. Wait/S. Gonzalez) Mayor Carpenter recognized Executive Director Dudley Wait who provided the following announcements: Thursday, December 1411 Morning Glory Interiors Plaque Presentation & haunch Party 4:00 pm The Chamber's Welcome Center. Celebrate the opening of Morning Glory Interiors. Tuesday, December 191 Council and Management Group and Personal Photo Shoot, Council Chambers, 4:30- 5:30 pm City Council Meeting, Council Chambers, 6:00 pm Monday, December 25" City Offices Closed Monday, January 1st City Offices Closed Saturday, January 61 Polar Bear Plunge Pickrell Park Pool 10:00 am Sponsored by the Schertz Family YMCA. Cost is $10.00. Register online at ymca.org /polarbearplunge or in person at the Schertz Y. This fun family friendly event includes s'mores and hot chocolate. Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who provided information on the upcoming road closure at Live Oak and Schertz Parkway. Mr. Kessel also provided an update on the Schertz Parkway Project. Presentations ® Presentation regarding the 2017 Healthy Workplace Recognition Program in collaboration with the San Antonio's Mayor's Fitness Council. (D. Wait/J. Kurz) Mayor Carpenter recognized HR Director Jessica Kurz who provided information on the 2017 Healthy Workplace Recognition the City recently received. Highlights included: 12 -12 -2017 Minutes Page - 4 - • Membership -based organization of local employers and providers of worksite wellness programs and services. • Aims to improve the health of the San Antonio Workforce by providing the business community with opportunities to network, discuss best practices, promote worksite wellness initiatives, and recognize local employers for their efforts to improve employee health and wellness. • Established in 2010 to bring a new level of awareness to healthy living. • Mission is to lead San Antonio to be one of the healthiest and most active communities in the nation, in which residents and organizations work collaboratively to achieve targeted health and fitness goals. Recognition Criteria: Category 1— Culture — City of Schertz received the Bronze Level as they had initiated Lunch N Learns, Fitness & Wellness Challenges, Employee Health Expo, and Humana GO365. Plans are already being implemented to achieve the silver recognition in 2018. Special thanks were provided to: City Council, City Management, Schertz Strong Team Members, Public Affairs & Events Staff and Human Resources Staff. • Presentation regarding the Festival of Angels event. (S. Gonzalez/L. Klepper/M. Spence) Mayor Carpenter recognized Public Affairs Director Linda Klepper who updated Council on the recent Festival of Angels event as well as provided information for more expansion next year. Workshop • Discussion and possible action to officially name the park located on the west side of Schertz Parkway generally between Ashley Park Drive and Jonas Drive. (B. James /C. Van Zandt/L. Shrum) Mayor Carpenter recognized Assistant Parks Director Lauren Shrum who introduced this item stating the City of Schertz Parks, Recreation, and Community Services Department took over the maintenance of an approximately 2 -acre parcel of land adjacent to the south- bound side of the Schertz Parkway between the Ashley Place and Jonas Woods subdivisions in May of 2016. Although the City of Schertz owned the property, there was confusion on the part of the City and the Ashley Place HOA as to who actually owned the property and, therefore, who maintained it. In May of 2016, this question was answered through an investigatory effort initiated by the Ashley Place HOA whereby ownership, and maintenance responsibilities, were properly identified. The Parks Department took over the maintenance responsibilities for the property at that time. The property was referred to as No Name Park but as no improvements have been made to the property the issues of formally naming the park was not addressed. Staff is working on a proposal to install exercise equipment on the property. 12 -12 -2017 Minutes Page - 5 - On June 13, 2017, Council officially requested that this park naming item be taken to the Parks and Recreation Advisory Board to consider naming the park as Earl Sawyer. The Parks and Advisory Board considered the item at their July 24, 2017 meeting. After discussing the matter, the Board recommended the property be named "No Name Park ". The Parks Department did not fmd a readily apparent geographical, ecological, or historical name for the property. Staff presented this recommendation to City Council on August 29, 2017. Council directed staff to develop a process to solicit input for names for the park. City staff developed a public input strategy to solicit name suggestions online and vetted that input process through the Parks Advisory Board at their meeting on Sept. 25, 2017. The strategy was to advertise that the City was soliciting ideas of possible names for the park. Staff then advertised that process through the city website, city social media, signage at the park location, and in- person via staff intercepting walkers and runners going by the park. Naming suggestions were to include a short paragraph or explanation of why the citizen felt the names were appropriate. Initial results were shared with the Parks Advisory Board at their meeting on Oct. 23, 2017 and the board requested the public input process continue for one more month until the next meeting. Approximately 90 suggestions were received. All of the names were provided to the Parks Advisory Board to review and a summary of the submissions was created based on the categories in the Naming Policy: geographical location, ecological feature, historical reference, and non -living person. The Parks Advisory Board recommended the following five (5) names be considered for the official name, in no particular order: 1) Ashwood Park, 2) No Name Park 3) Freedom Park, 4) Friendship Park, 5) Fawn Cove Park. Councilmembers provided their comments based on the information provided and staff addressed their questions. After discussion, it was determined that they would like to name the park after Ms. Mary Whitfield Burkes. Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved seconded by Councilmember Kiser to name No Name Park Mary Whitfield Burkes Park. 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 • Discussion and update regarding the City fees charged by GIS, City Secretary and Parks Department. (B. James /J. Walters /T. McFalls/D. Schmoekel/L. Shrum) Mayor Carpenter recognized Deputy City Secretary Donna Schmoekel who provided information regarding fees charged by the City Secretary Department as well as the fees charged by the GIS Department. Assistant Parks Director Lauren Shrum also provided a brief explanation of the fees charged by the Parks Department. Director of Finance James 12 -12 -2017 Minutes Page - 6 - Walters provided information that it has been 3 years since the GIS Department sold any maps and therefore will be recommending that future requests for maps be placed under the Public Information Act regulations to provide such a document. Questions and comments from Council were addressed. ® Council will discuss and possibly take action regarding placing an item on a future agenda to discuss the possibility of establishing a set of guidelines or a policy regarding the use of social media by elected and appointed officials in the City of Schertz. (Mayor /Council) Mayor Carpenter opened this up for Council discussion. Councilmembers provided their thoughts and views regarding this item and the need for guidelines. They discussed the need for guidelines regarding any City related social media sites and avenues that elected and appointed officials could post to. Councilmembers also discussed the pros and cons for guidelines on private social media outlets. Members discussed that we have already requested the legal team to make a presentation regarding this and until they receive this information, an item should not be placed on another agenda. Mayor Carpenter recognized Councilmember Scagliola who moved seconded by Councilmember Kiser to place an item on a future agenda establishing a set of guidelines or policy for use of social media, public or private, by elected and appointed officials in the City of Schertz. Councilmembers continued discussion providing their commentary. Mayor Carpenter recognized Councilmember Larson who stated that he would like to make an amendment to the motion that says that we will only discuss rules and regulations related to social media as it relates to City owned communication platforms; the motion was seconded by Councilmember Gutierrez. Mayor Carpenter stated that Council will need to decide as a majority to amend the original motion first, and if it is not the majority of Council to amend the motion, then the motion that was originally made would be considered as it stands. Mayor Carpenter stated that if the amendment is in fact agreed upon by the majority, then they will consider the motion with the amendment. If it is not passed by a majority, then they will go back and have an opportunity to make a new motion to see what would pass the Council. Mayor. Carpenter called for the vote on the amendment. The vote was 3 -4 -0 with Councilmembers Larson, Davis and Gutierrez voting for and Mayor Pro -Tern Edwards, Councilmembers Scagliola, Kiser and Crawford voting no. Motion failed. Mayor Carpenter requested Councilmember Scagliola restate his motion, which was he moved seconded by Councilmember Kiser to place an item on a future agenda establishing a set of guidelines or policy for use of social media public or private by elected and appointed officials in the City of Schertz. The vote was 5 -2 -0. with Mayor Pro -Tem Edwards, Councilmembers Davis, Scagliola, Kiser and Crawford voting for and Councilmembers Larson and Gutierrez voting no. Motion passed 12 -12 -2017 Minutes Page - 7 - Discussion and Action Items 2. Ordinance No. 17 -B -52 — Consideration and/or action authorizing the issuance of City of Schertz Texas General Obligation Refunding Bonds, Series 2018, levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the bonds; prescribing the form terms, conditions and resolving other matters incident and related to the issuance, sale and delivery of the bonds, authorizing the execution of a paying agent/registrar agreement, a purchase and investment letter, and an escrow deposit letter; complying with the letter of representations on file with the depository trust company; authorizing the execution of any necessary engagement agreements with the City's financial advisors and or bond counsel and providing an effective date. First and Final Reading (J. Kessel/J. Walters/M. McLiney) Mayor Carpenter read the following into record: M N1 11 _I\ _. \ 14) motels VISIM AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ISSUANCE OF "CITY OF SCHERTZ, TEXAS GENERAL OBLIGATION REFUNDING BONDS, SERIES 2018 ", LEVYING AN ANNUAL AD VALOREM TAX, WITHIN THE LIMITATIONS PRESCRIBED BY LAW, FOR THE PAYMENT OF THE BONDS; PRESCRIBING THE FORM, TERMS, CONDITIONS, AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, AND DELIVERY OF THE BONDS, AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT, A PURCHASE AND INVESTMENT LETTER, AND AN ESCROW DEPOSIT LETTER; COMPLYING WITH THE LETTER OF REPRESENTATIONS ON FILE WITH THE DEPOSITORY TRUST COMPANY; AUTHORIZING THE EXECUTION OF ANY NECESSARY ENGAGEMENT AGREEMENTS WITH THE CITY'S FINANCIAL ADVISORS AND /OR BOND COUNSEL; AND PROVIDING AN EFFECTIVE DATE Mayor Carpenter recognized Andrew Friedman, Managing Director of SAMCO who introduced this item stating the City Council at its December 5, 2017 meeting authorized city staff and consultants to proceed with a refunding of its General Obligation Bonds, Series 2008 for debt service savings. The City received 9 bids from banks around the State and First National Bank Texas submitted the lowest bid with a rate of 2.12 %. Based upon their bid, the refunding generates gross savings of $668,370 or 9.8% present value savings as a percentage of bonds - refunded. The Bonds are supported by the City's I &S tax rate and the I &S supported debt service is anticipated to decrease by $67,000 per year because of this refunding. The below is the proposed time table: 12 -12 -2017 Minutes Page - 8 - th Tuesday, December 5 th Thursday, December 7 th Tuesday December 12 th Thursday, January 4 lffi 1, 9 7-1 -- IN 11 i Ing Km, ILr.- M.-I g, will I U=-Im I I p-M Staff recommends authorizing the sale of the refunding bonds and locking *in the savings as presented by SAMCO Capital Markets based upon the best bid received. Mayor Carpenter recognized Mayor Pro-Tem Edwards who moved seconded by Councihnember Scagliola to approve Ordinance No. 17-B-52 first and final reading. The vote was unanimous with Mayor Pr1 1 Edwards, Councilmembers Davis, Gutierrez, Larson, Scaghola, Kiser and Crawford voting for and no one voting no. Motion passed. 3. Ordinance No. 17 -L -51— Consideration and/or action to amend the Code of Ordinances of the City of Schertz, Texas by revising Chapter 50, Article VII, Garage sales to eliminate the requirement for a permit and modify the existing regulation. First Reading (B. James[L. Wood) 12-12-2017 Minutes Page - 9 - Mayor Carpenter recognized Development Services Director Lesa Wood who introduced this item stating in 1990 the City of Schertz adopted an Ordinance establishing garage sale regulations and a requirement for owners or a lessee of property located in the City to obtain a permit. The ordinance was adopted because of citizen concerns with the large number of garage sales being held at a single residence and the impact that these numerous sales would have on the neighbors if the frequent sales effectively became a home business. Over the last couple of years staff has received a few complaints from residents about having to obtain a garage sale permit. Staff started researching neighboring city's garage sale regulations and permitting requirements. Staff reviewed information from Live Oak, Universal City, Selma, Cibolo, New Braunfels, San Marcos and San Antonio and found that only 2 of the 7, Selma and San Antonio issue permits for garage sales; however, most do still regulate garage sales. Currently, to obtain a garage sale permit in the City of Schertz a resident must come to the City municipal complex, complete an application, pay the fee and be issued City authorized signs per the ordinance. Over the last five years the City has issued an average of 445 garage sale permits a year collecting an average of $11,000 per year in fees. The current cost of a garage sale permit is $22.00. Staff is proposing to eliminate the requirement for a resident to obtain a garage sale permit but continue to maintain certain requirements associated with a garage sale. Proposed Amendments: • Sec. 50 -223 Definitions was modified in order to remove the definition for an officially authorized sign. This City will not issue signs for garage sales with the proposed change. • Sec. 50.225 Permit required was removed to allow residents to conduct garage sales in the City limits without a permit. • Sec. 50.227 Permit Cost was removed. This section is not needed with the elimination of permit requirements. • Sec. 50 -228 Placement of garage sale signs was modified to add the maximum size of sign allowed, location of sign placement and removal of signs. • Sec. 50 -230 Time limit for each garage sale was modified to change the openmi g operational hours from 6:00 am to 7:00 am. as a courtesy to surrounding neighbors this is consistent with the City Weekday Construction hours. • Sec. 50.231 Permit nontransferable was removed. This section is not needed with the elimination of permit requirements. • Sec. 50 -232 Rain Days was removed. This section is not needed with the elimination of permit requirements. • Penalty was modified to add clarity to the language and provide consistency with recently adopted ordinances (e.g. UDC, Article 1). 12 -12 -2017 Minutes Page - 10 - ® Sec. 50 -234 Fees was removed. This section is not needed with the elimination of permit requirements. The city fees schedule will be modified with the next update. The elimination of the garage sale permit will reduce City revenue by approximately $11,000 a year. Expenses will reduce by approximately $500.00 a year for the City authorized signs. Staff recommends approval. Staff addressed questions from Council. Council also expressed their concerns on bandit signs being a problem as well as those who possibly might abuse the 4- garage sale limit per year. Mayor Carpenter recognized Councilmember Larson who moved seconded by Councilmember Crawford to approve Ordinance No. 17 -L -51 first reading. 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. 4. Ordinance No. 17 -K -49- Conduct a public hearing and consider action on an ordinance closing and abandoning a section of Savannah Drive right of way to the abutting property PH owner, located southwest of the intersection of Savannah Drive and Big Horn Trail. First Reading (B. James/ L. Wood/ B. Cox) Mayor Carpenter read the following into record: ORDINANCE NO. 17 -K -49 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, CLOSING AND ABANDONING TO THE ABUTTING PROPERTY OWNERS A PORTION OF RIGHT -OF -WAY BETWEEN SAVANNAH DRIVE AND LOT 28, BLOCK 2 OF SAVANNAH BLUFF UNIT 1 SUBDIVISION; AND ESTABLISHING AN EFFECTIVE DATE HEREOF Mayor Carpenter recognized Senior Planner Bryce Cox who introduced this item stating the Savannah Bluff Unit 1 subdivision was platted in September 2005. At the time the subdivision was platted, Savannah Drive was proposed to terminate before the Dietz creek and a temporary turn around would be provided until such time as the road was extended with development. During the construction of the public infrastructure for Savannah Bluff Unit 1 Subdivision, the adjacent subdivision Kensington Ranch Estate Unit 1 was approved with the plat being recorded in October 2006. With the construction of Kensington Ranch Estates Unit 1, Savannah Drive was extended across Dietz creek and ultimately to FM 1518. Because of the timing, the temporary turnaround was not needed, nor is the extra right -of -way dedicated for the turnaround adjacent to Lot 28, Block 2 of Savannah Bluff Unit 1. City staff has evaluated the request to abandon the right -of -way and found that the area is not needed and that if released, there would be no conflicts with existing roadways or city utilities. 12 -12 -2017 Minutes Page - 11 - City staff recommends abandoning the Right-of-Way Segment and releasing the Right-of- Way to be abandoned to the adjacent property owner as described in Ordinance 17-K-49. 0 Ms. Ruth Shropshire, 3521 Big HomTrail, who spoke in favor of this item. As no one else spoke, Mayor Carpenter closed the public hearing for Council comments, No discussion from Council occurred. Mayor Carpenter recognized Councilmember Davis who moved seconded by Councilmember Gutierrez to approve Ordinance No. 17-K-49 first reading. The vote was unanimous with Mayor Pro-Teti; Edwards, Councilmembers Davis, Gutierrez, Larson, Scagliola, Kiser and Crawford voting for and no one voting no. Motion passed. 5. Ordinance No. 17-S-50 - Conduct a public hearing and consideration and/or action on an L!H amendment to the Code of Ordinance and Unified Development Code of the City of Schertz, establishing a Building and Standards Commission, providing a criminal Penalty, providing for publication, and providing an effective date. First Reading (B. James/ L. Wood/ E. Grobe) sfflqr # - # # AN ORDINANCE OF THE CITY OF SCHERTZ, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS; ESTABLISHING A BUILDING AND STANDARDS COMMISSION, PROVIDING A CRIMINAL PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. At the October 24th City Council approved Ordinance 17-S-40, an amendment to UDC Article 3 which created the UDC language for a "Building and Standards Commission". At this City Council meeting, staff noted that although the modification to the UDC was a starting point for the creation of this commission, staff would come to City Council in order to fully establish the Building and Standards Commission within City code. 12-12-2017 Minutes Page -12 - This proposed ordinance is to fully establish the Building and Standards Commission by updating the City Code of Ordinances. The creation of this commission is intended to provide an appropriate outlet for applicants requesting review of a building code item, appealing a decision of the fire marshal,, fire chief or the building official, and to review and take appropriate actions on buildings found to be in violation of a city ordinance or a public nuisance. The purpose of this ordinance is to create the justification and procedures for the Building and Standards Commission, which in October the City Council approved to include in UDC Article 3, as a Board, Commission or Committee. This proposed Ordinance is to modify / create the following items: ® Chapter 18 — Building and Building Regulations Article 1. In General, Sec. 18 -6 • Full Text In Ordinance Exhibit "A" • Update to replace Sec. 18 -6 Board of Appeals (which this board does not currently exist) with `Building and Standards Commission" • Chapter 30 — Fire Prevention and Protection, Article V. — fire Prevention Code, Sec. 30 -82 Amendments o Full Text In Ordinance Exhibit "A" o Update to replace Sec. [A] 108 Board of Appeals (which this board does not currently exist) with `Building and Standards Commission" • Chapter 54- Nuisances Article V. Property Maintenance Requirements, Sec. 54.20 - Demolition o Full Text In Ordinance Exhibit "A" • Update to replace "Board of Adjustment" with `Building and Standards Commission ". This change is to ensure that the Building and Standards Commission can hear cases related to demolition. Currently, it reads as Board of Adjustment (BOA) which is not appropriate since BOA should only items related to zoning. • Update to replace "director of development services or his/her designee and the marshal" with "City Manager ". This change is to be consistent with other language where the City Manager is identified and then the appropriate staff member will be assigned to the specific item. Additionally, with change in staff titles the currently listed staff members are no longer appropriate. • Creation of the procedures governing the Building and Standards Commission • Full Text In Ordinance Exhibit `B" • Created utilizing the adopted UDC language and Texas Local Government Code • This document provides the requirements for members, meetings, the authority the commissions has been provided, the criteria for determining cases, notice requirements, action time frames of the Commission, time frame for compliance with Commission determinations, fees, judicial review, and authority penalties. 12 -12 -2017 Minutes Page -13 - Ms. Grobe stated this amendment was drafted by Planning Staff and by the City Attorney (Daniel Santee, Denton Navarro Rocha Bernal & Zech). Mayor Carpenter opened the public hearing and as no one else spoke, Mayor Carpenter closed the public hearing for Council comments. Councilmembers provided their comments and questions to staff, as well as requested more information be provided and that in light of the resident who spoke on this item wanting more information they would recommend postponement. Mayor Carpenter recognized Councilmember Crawford who moved seconded by Councilmember Larson to postpone Ordinance No. 17 -S -50 on first reading. 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. 6. Resolution No. 17 -R -114 - Consideration and/or action approving a Resolution authorizing a Sidewalk Easement Agreement with Zeenat & Salim Investments, Inc., for the use and control of the City of Schertz for the construction and maintenance of a sidewalk facilities. (B. James/K. Woodlee) Mayor Carpenter read the following into record: RESOLUTION NO. 17 -R -114 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN EASEMENT AGREEMENT WITH ZEENAT & SALIM INVESTMENTS, INC., FOR THE USE AND CONTROL OF THE CITY OF SCHERTZ FOR THE CONSTRUCTION AND MAINTENANCE OF SIDEWALK FACILITIES, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Executive Director Brian James who introduced this item stating in February 2017, Ford Engineering was contracted to perform the engineering design for the Schertz Parkway Reconstruction Project from Maske Road to E. Live Oak Road. After the initial analysis it was determined that adding an additional lane on westbound E. Live Oak Road would improve the serviceability of the intersection. Because of the proximity of Dietz Creek to the south edge of E. Live Oak Road, it was determined that the majority of available space for the widening is on the north side of E. Live Oak Road. Because the widening required the curb to be shifted five feet to the north, there was no longer room for the five -foot sidewalk to be placed between the existing traffic control box and the curb. This required Ford Engineering to realign the sidewalk around these existing elements, which could only be accomplished by routing the sidewalk out of the right -of- way and into the adjacent private property. 12 -12 -2017 Minutes Page - 14 - City Staff was able to have the owner, Zeenat & Salim Investments, Inc., sign the Sidewalk Easement Agreement. The owner was amenable to the easement to allow for a continuous sidewalk around their convenience store. Staff recommends approval. Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved seconded by Councilmember Crawford to approve Resolution No. 17 -R -114. 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. 7. Resolution No. 17 -R -119 - Consideration and/or action approving a Resolution appointing a Director of the Tax Increment Reinvestment Zone Number Two, City of Schertz and related matters in connection therewith. (B. James/B. Dennis) Mayor Carpenter read the following into record: A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPOINTING A DIRECTOR OF REINVESTMENT ZONE NUMBER TWO, CITY OF SCHERTZ, TEXAS, AND RELATED MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Executive Director Brian James who introduced this item stating on June 26, 2017 City Council approved Resolution 17 -R -18 appointing John Bierschwale, Bob Cantu, Mayor Michael Carpenter, Chris Price, and Gary Inmon be reappointed and that P &Z Chairperson Michael Dahle be appointed to replace former P &Z Chairperson David Richmond to terms to the Tax Reinvestment Zone (TIRZ) Number Two (Sedona/Crossvine) for terms through June 26, 2018. As part of their December 5, 2017 meeting, City Council discussed Council committee and liaison assignments. As part that discussion it was decided that Councilmember Bert Crawford would take Mayor Michael Carpenter's place on the TIRZ Board. Resolution 17- R -119 replaces Mayor Michael Carpenter with Councilman Bert Crawford on the TIRZ Number Two (Sedona/Crossvine) Board. His term will run through June 26, 2018. Staff recommends approval. Mayor Carpenter moved seconded by Councilmember Larson to approve Resolution No. 17 -R -119. The vote was 6 -0 -1 with Mayor Pro-Tent Edwards, Councihmembers Davis, Gutierrez, Larson, Scagliola, and Kiser voting for and Councilmember Crawford abstaining. Motion passed. 8. Resolution No. 17 -R -113 — Consideration and/or action approving a Resolution authorizing the City Manager to enter into an agreement with Cibolo Creek Municipal Authority for the site preparation and installation of a leased pre - packaged sewer treatment plant to expand waste water treatment capacity at the Woman Hollering Treatment Plant. (D. Wait) 12 -12 -2017 Minutes Page - 15 - Mayor Carpenter read the following into record: RESOLUTION BY .E CITY COUNCIL OF 1 OF 1' AUTHORIZING THE i ENTER INTO 1' WITH 1 1 CREEK AUTHORITY 1 THE 1 OF LEASED PRE-PACKAGED SEWER TREATMENT PLANT EXPAND WASTE WATER i TREATMENT CAPACITY THE HOLLERING TREATMENT 1 OTHER 1 CONNECTION THEREWITH Mayor Carpenter recognized Executive Director Dudley Wait who introduced this item stating On October 25, 2016 City Council authorized the City Manager to enter into a lease agreement for a pre - packaged waste water treatment plant to double the capacity of the temporary Woman Hollering Creek Treatment Plant ()VHTP). The original WHTP temporary plant was installed in 2006 to service the area now known as Crossvine until a permanent waste water treatment plant could be constructed on Trainer Hale Road. As a result of the increasing waste water demand being placed on the temporary plant from the growing Crossvine development, it was determined that it was necessary to expand the capacity of the temporary plant. This expansion would take the current 46,000 gallon a day plant to a 92,000 gallon a day capacity. To install this pre - packaged plant, on December 13, 2016, the City of Schertz entered into an inter -local agreement with the Cibolo Creek Municipal Authority (CCMA) for them to perform the installation. While this prep work was being performed, the City, CCMA and the developer continued working on understanding the increase in waste water flows and if it was all from increased development or did we have other issues such as an infiltration and inflow issue. On January 11, 2017, Public Works crews inspecting the sewer system in the Crossvine found a faulty pipe connection on an earlier installed sewer main. This faulty connection (a rolled gasket) was on a section of main that was transecting a shallow ground water source that runs through this part of our community. As a result of this rolled gasket, the ground water source was infiltrating the sewer main with approximately 10 -15 gallons per minute of fresh ground water, or approximately 17- 18,000 gallons of water a day being sent to the 46,000 gallon a day treatment plant (37% of the capacity approximately). Once this sewer main was repaired, the immediate and pressing need to add additional capacity to the WHTP was greatly reduced. In a follow up meeting, it was agreed that planning for the new expansion would continue by the design engineers, however no steps to install the new section of plant would be taken without both sides agreeing to the install. As CCMA has continued sharing the daily waste water flows to the WHTP, we have agreed it is time to go ahead and move forward installing the additional section of 12 -12 -2017 Minutes Page -16 - temporary treatment plant. The plant that we agreed to lease is still waiting to be installed (we do not pay lease payments until it is installed) and CC MA is finalizing the details of the construction necessary to put it in place. The inter-local agreement approved on December 13, 2016 expired on April 30, 2017 so tonight we are asking • again authorize the City Manager to enter into an agreement with CCMA for the installation and operation of a second temporary waste- water treatment plant at the Woman Hollering Treatment Plant site. Staff recommends approval of the attached Resolution authorizing the City ' Manager to enter into this Interlocal Agreement with the Cibolo Creek Municipal Authority for the site work and improvements necessary for the successful installation of the leased pre-packaged waste water treatment plant serving the Crossvine development. Mayor Carpenter recognized Mayor Pro-Tem Edwards who moved seconded by Councilmember Davis to approve Resolution No. 17-R- 113. The vote was unanimous with MWITor Pro-Tem Edwards, Councilmembers Davis,, Gutierrez, Larson, Sgauliola, Kiser and Crawford voting for and no one voting no. Motion passed. 9. Resolution No. 17-R-115 - Consideration and/or action approving a Resolution authorizing the City Manager to enter into an agreement with Stryker EMS Equipment for the purchase of five (5) stretchers, upgrade three (3) current stretchers and add service agreements on all stretchers and stretcher loading systems. (D. Wait/J. Mabbitt) 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 FIVE (5) STRETCHERS, UPGRADE THREE (3) CURRENT STRETCHERS AND ADD SERVICE AGREEMENTS ON ALL STRETCHERS. 12-12-2017 Minutes Page -17 - question at a time and if Councilmember Larson would be willing to withdraw the motion and then make a motion to approve Resolution No 17 -R -115 he would certainly entertain a motion. Councilmember Larson withdrew both motions and made a motion to approve Resolution No. 17 -R -115, seconded by Councilmember Davis. The vote was unanimous with Mayor Pro -Tear Edwards, Councilmembers Davis, Gutierrez, Larson, Scagliola, Kiser and Crawford voting for and no one voting no. Motion passed. 10. Resolution No. 17 -R -117 - Consideration and/or action approving a Resolution authorizing the City Manager to enter into an agreement with Stryker EMS Equipment for the purchase of four (4) stretcher loading systems. (D. Wait/J. Mabbitt) Mayor Carpenter read the following caption: RESOLUTION BY THE CITY COUNCIL OF 1 CITY OF ' AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT i • T114E PURCHASE OF • FROM STRYKER EMS EQUIPMENT. Mayor Carpenter recognized Councilmember Larson who moved seconded by Councilmember Davis to approve Resolution No. 17 -R -117. 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. 11. Resolution No. 17 -R -116 — Consideration and/or action approving a Resolution authorizing expenditures in excess of $50,000 with the highest single vendor contract not exceeding $665,000 and the total contracts not exceeding $1,193,000 and as approved in the 2017 -2018 fiscal year budget for the City's Vehicle Replacement Program. (D. Wait/J. Kurz) Mayor Carpenter read the following into record: RESOLUTION NO. 17 -R -116 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING EXPENDITURES IN EXCESS OF $50,000, WITH THE HIGHEST SINGLE VENDOR CONTRACT NOT EXCEEDING $665,000 AND THE TOTAL OF ALL CONTRACTS NOT EXCEEDING $1,193,000, AND AS APPROVED IN THE 2017 -2018 FISCAL YEAR BUDGET, FOR THE CITY'S VEHICLE REPLACEMENT PROGRAM AND OTHER MATTERS IN CONNECTION Mayor Carpenter recognized Human Resource Director Jessica Kurz who introduced this item stating The City has taken a comprehensive approach in developing a cost - effective fleet replacement program. Best practice fleet operations have been integrated into the 12 -12 -2017 Minutes Page -18 - existing program and the City has developed systematic policies and procedures for determining when a vehicle or equipment requires replacement. In support of this program, Council approved a funding mechanism that authorized a total of $1,692,718.00 in the FY 2017 -18 budget for the City's Vehicle Replacement Program. This item is for a portion of the budgeted vehicle expenditures through a number of vendors where the contract would be in excess of $50,000. This agenda item covers six vendors and is for approximately two thirds of the budgeted amount. Other purchases, such as for Police Department squad cars, have already been approved by the City Council. Further purchase, such as for small equipment replacement like a trailer, may be less than $50,000 with a single vendor. The specific vendor, not to exceed amount, item(s) to be purchased, and benefited department are listed below. The City has historically purchased vehicles and equipment from vendors belonging to purchasing cooperatives. This has allowed the City to procure vehicles through best -value and capitalize on volume discounts. For FY 2017 -18, the City anticipates the purchase and outfitting of vehicles and fleet equipment from the following vendors. Vendor Amount Items Department Silsbee Ford $645,000 Truck (1) Marshal's Office Truck (5) Public Works Sewer Cleaning Truck (1) Public Works Truck (1) Animal Services Truck (3) Facility Services Truck (1) Purchasing $20,000 Additional expenses for All Departments fleet/maintenance repairs Vendor Amount Items Department Caldwell Country $70,000 SW (1) Fire SW (1) EMS FarrWest Environmental Supply $80,000 $20,000 Fleet Safety Equipment $71,000 Doggett Freightliner $112,000 12 -12 -2017 Minutes Page -19 - Vehicle Outfitting Additional expenses for fleet/maintenance repairs Vehicle Outfitting Dump Truck All Departments Police Public Works $25,000 Additional expenses for fleet/maintenance repairs RDO Equipment $55,000 Skid Steer $20,000 Additional expenses for fleet/maintenance repairs Motorola $75,000 Vehicle Outfitting Police Other emergency equipment Parks Fire, EMS, telecommunication The City's practice is to seek authorization from Council when expenditures with a vendor exceed $50,000 in one fiscal year. Though exact amounts for each vehicle may not be known, purchases will not exceed the budgeted amount. Thus, staff is requesting approval to spend up to: 1) $665,000 with Silsbee Ford, 2) $70,000 with Caldwell Country Chevrolet, 3) $100,000 with FarrWest Environmental Supply, 4) $71,000 with Fleet Safety Equipment, 5) $137,000 with Doggett Freightliner, 6) $75,000 with RDO Equipment, and 7) $75,000 with Motorola as part of the City's Vehicle Replacement Program in FY 2017 -18. Staff recommends that Council authorize expenditures up to $665,000 with Silsbee Ford, up to $70,000 with Caldwell Country Chevrolet, up to $100,000 with FarrWest Environmental Supply, up to $71,000 with Fleet Safety Equipment, up to $137,000 with Doggett Freightliner, and up to $75,000 with RDO Equipment, as part of the City's Vehicle Replacement Program in FY 2017 -18, and up to $75,000 with Motorola for related equipment purchases. Mayor Carpenter recognized Councilmember Crawford who moved seconded by Councilmember Kiser to approve Resolution No. 17 -R -116. The vote was unanimous with Mayor Pro -Tern Edwards, Councilmembers Davis, Gutierrez, Larson, Seagliola, 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 two Workshop items and Agenda items 2 -11. Requests and Announcements 12. Announcements by City Manager. No further announcements were made. 12 -12 -2017 Minutes Page - 20 - 13. Mayor and Council members to request that items be placed on a future agenda. Mayor Carpenter would like a short briefing on the changes we made to our UDC where Council can in fact remove bandit signs over the weekend when we do see them. He believes we made a change there. Let us know where we are on that. 14. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers Mayor Carpenter recognized Councilmember Davis who said he noticed a correction needed on the agenda tonight regarding the liaison assignments. City Secretary Brenda Dennis said it has already been corrected. Mayor Carpenter recognized Councilmember Ralph Gutierrez who said he attended the Movie in the Park event this past Saturday. Special thanks to our Parks and Recreation staff and to Crossvine for sponsoring the event. Mayor Carpenter recognized Councilmember Scagliola who said Schertz was well represented at the Cibolo parade. Thanks go to Events Manager Mary Spence, Sam and Irene for helping out. Mayor Carpenter recognized Councilmember Kiser who said since the Schertz Sweethearts were not available to use their float, it was available for Council. She said she just wanted to say that Sam Rhodes is such a great representative for this city - -- people just loved him at the parade! She just wants that passed along to him. Mayor Carpenter recognized Councilmember Crawford who thanked the Mayor for his support at the Cibolo parade. Mary Spence did a superb job and Sam should be an ambassador for the City of Schertz to make people dance on parades. He was superb, and he appreciates the help that Mary and other staff provided. He also appreciates the time that Councilmembers took to go. Mayor Carpenter stated that on Saturday, mid -day, he was able to attend a reception for Lt. General Quast and other senior officers at Randolph. It was a good social gathering/meeting. The level of cooperation we have between the various cities and Joint Base San Antonio is in a very strong position. In fact, the Northeast Partnership recently met and identified a primary goal for the upcoming year in listing all of the Emergency Operations assets that the member cities have as well as primary points of contact for each city. The General was very interested in the base also participating in the exercise of sharing information in the event of a regional emergency. 12 -12 -2017 Minutes Page - 21- ATTEST-:1) 7 Bred Dennis, City Sdcrefaly 12-12-2017 Minutes Page - 22 - • M