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07-10-2018 MinutesMINUTES REGULAR MEETING July 10, 2018 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on July 10, 2018, at 6:00 p.m. in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building 94, Schertz, Texas. The following members present to -wit: Mayor Michael Carpenter Councilmember Mark Davis Councilmember Scott Larson Councilmember Bert Crawford Councilmember Edwards was absent. Staff Present: Executive Director Dudley Wait City Attorney Dan Santee Mayor Pro -Tern David Scagliola Councilmember Ralph Gutierrez Councilrember Angelina Kiser Acting City Manager Brian James Assistant to the City Manager Sarah Gonzalez City Secretary Brenda Dennis 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 Flaas of the United States and State of Texas. (Councilmember Kiser) Employee Recognition ® IT — Client Services Technician II — Mark Welch • Library — Part Time Library Circulation Clerk — Julio Machado • Parks & Recreation- Seasonal Park Worker 1 — Maxwell Worley • Public Affairs — Events Specialist — Cassandra Michels The various city department supervisors provided a brief bio on each of their new staff members and introduced them to Council. Mayor /Council welcomed all the new employees to the City of Schertz team. Presentations Presentation and update regarding Fire Station #3. (D. Wait/P. Gaudreau) Mayor Carpenter recognized Owners Representative Phil Gaudreau who provided a power point presentation with relative updated information regarding the progress made and to be made regarding the design and construction of Fire station #3. Highlights included: 07 -10 -2018 Minutes Page -1- ® A Bond was passed in November of 2015 for the creation of Fire Station 93 in the amount of $8,000,000.00 for all costs associated with the project. These costs include, design, construction, geotechnical, materials testing, owner's representative, land purchase, surveying, platting, legal and other miscellaneous costs. • Per the Amended and Restated Development Agreement for TIRZ #2 the developer of the Crossvine will contribute approximately $1.18 million towards the fire station. • An Agreement for Design Services was awarded to BRW and a Construction Manager at Risk Agreement for preconstruction services was awarded to Thomas S. Byrne by City Council in February of 2017. Project Information • Site Location and Site Plan • Front Elevation and Floor Plan • This facility is designed for fire department use initially with provision for the future addition of an EMS component. The building contains 13,716 square feet which includes 1100 square feet of community meeting room space. • The latest Guaranteed Maximum Price (GMP) cost estimate is $6,513,622.00. We will continue to work with the Team to establish the final cost. • We anticipate returning to Council by the end of July with a recommended Agreement containing the final GMP costs and construction schedule. Current Activities Project meetings continue with the design and CMAR team members. Currently the project is anticipated to be completed in July of 2019. Mr. Gaudreau and Executive Director Dudley Wait addressed comments and questions from Council. City Events and Announcements ® Announcements of upcoming City Events (B. James/D. Wait/S. Gonzalez) Mayor Carpenter recognized Assistant to the City Manager Sarah Gonzalez who provided the following announcements: Friday, July 13' Drumming Around 12:00 pm Schertz Public Library 07- 10-2018 Minutes Page - 2 - Come by the Library for a free facilitated drum circle with Kevin Cooley of Drumming Around. The drum circle is an all -age program with citizen's participation. Tuesday, July 1711 Crescent Bend Birding Walk 7:30 am —10:30 am Meet in the first parking lot with leader, Sandi Wheeler, for a walk through the park to learn about the bird life. Bring your binoculars, cameras, water, and snacks. All levels of birders are welcome — from beginners to experts. Chamber Luncheon 11:30 am Civic Center No City Council Meeting Thursday, July 19' Historical Preservation Committee Meeting 6:00 pm Bob Andrews Conference Room Basic Machine Sewing 6:00 pm — 8:00 pm Schertz Public Library Local resident, Patti Burditt will be teaching a beginner's course on how to operate your sewing machine and assisting students with making a simple project. This program is designed for adults ages 18+ and requires students to bring their sewing machine to class. Pre - registration is required as space is limited. Please call X 1700 to register. Saturday, July 211t Free Early Childhood Vision Screening 1:00 pm Schertz Public Library The Schertz - Cibolo Lions Club is sponsoring a free early childhood vision screening program for children ages 1 -4 to screen, identify, and hopefully address vision abnormalities in young children before attending school. .Movies in the Park 6:00 pm Schertz Aquatic Center Second annual Float & Flick, screening the classic movie, JAWS. Movie starts at 7:30 pm and is free to the public. Concessions will be available for purchase. There is limited capacity available in the Schertz Aquatics Center, so registering is required at www.ymcasatx.org/schertz Tuesday, July 24' City Council Meeting 6:00 pm Council Chambers Filing for Schertz City Council Election for November 6, 2018 begins July 23, 2018 07 -10 -2018 Minutes . Page - 3 - The City of Schertz will be holding its General Election on November 6, 2018 for the purpose of re- electing Council Members in Place 6, and Place 7 for a three -year term, from November 2018 to November 2021. Any candidate desiring to have his or her name on the Official Ballot shall, no sooner than July 21, 2018, (since the 21" falls on a Saturday and City offices are closed, the date moves to Monday, July 23, 2018) and no later than Monday August 20, 2018, by 5:00 p.m_ file with the City Secretary an application in writing in the form prescribed by the Texas Election Code requesting that his or her name be placed on the Official Ballot and declaring themselves as a candidate. The Candidate packet is available in the City Secretary's office at 1400 Schertz Parkway, Building 2, or it can be found online at www.schertz.com. Should you have any questions, please contact the City Secretary's office at (210) 619 -1030. ® Announcements and recognitions by the Acting City Manager (B. James) Mayor Carpenter recognized Acting City Manager Brian James who thanked all the staff members who helped out at the July 4th Jubilee event. Mr. James also reminded everyone that staff generally provides council with some written information packets at each council meeting. One of them has to do with our recent bond rating reports and another one is a report of the recent activities of various city boards which is always presented to the CCAB group. They also do a monthly report of the latest large projects and capital improvement projects. He also mentioned that the city's electronic sign in front of city hall is up and running again. Also included is a list of pending items that council has requested. ® Announcements and recognitions by the Mayor. (M. Carpenter) Mayor Carpenter reminded everyone that there will not be a city council meeting next week as it is the third Tuesday of the month. He also thanked city staff for their work in assisting at the 4th of July Jubilee celebration this year. His understanding is that the fireworks display that they did not get to see (due to the weather) will now take place during the City's `60th Birthday' celebration in September. Hearing of Residents Mayor Carpenter recognized the following who spoke: ® Mr. Brent Bolter, 2633 Cloverbrook Lane, who spoke in regard to Workshop Item number two. He stated that a lot of Cibolo residents are apparently not in favor of the pending agreement. He also supports this Council's stand of not wanting to give up any assets the City of Schertz has. He is also glad to see the second closed session item on tonight's agenda. He said people should always follow the rules and when they don't there should be repercussions from that. His third item is in regard to the dismissal of the former city 07 -10 -2018 Minutes Page - 4 - manager (John Kessel). He thinks Council should follow through with former requests made by citizens regarding the accounting of all expenses involved of this process. • Dr. Irene Petrisky, 1117 Twin Lane, who provided her opinion on the agenda item 14 closed session. The reputation of this community is very important and the various city boards and committee's reputations are also very important. Council needs to take seriously the appointments made to these groups, especially Economic Development Corporation (EDC). She personally appreciates the council person who took this very seriously. All assignees to these committees must bring positive reputations and integrity with them. • Ms. Maggie Titterington, The Chamber President, who reminded everyone that Mayor Carpenter will be the keynote speaker for their graduating core leadership class next week at their monthly Chamber meeting. She also recognized city staffer, Senior Planner Bryce Cox, who has helped one of The Chamber's members in getting direction on several things, so they could finish their building. She also thanked Mayor Pro -Tem Scagliola and Acting City Manager Brian James for coming out to a plaque presentation and ground breaking for a couple of Cibolo members. It says a lot about our city when the councils and governments come together to support other businesses, both in and out of our respective neighboring cities. • Mr. Dana Eldridge, 2628 Gallant Fox Drive, who spoke about a meeting three weeks ago. He doesn't have a problem with council not agreeing with someone to be put on a city committee; only when it goes beyond that and very offensive things being said about that individual of things that happened over a year ago. He is offended about what was said and what was allowed to be said. Sounds to him like some kind of ethics problem took place. • Mr. Grumpy Azzoz, 528 Wayward Pass, who stated he was here at council that night and watched the DVD later more than anyone here could count. He doesn't believe Councilmember Kiser should be subjected to any attacks. He believes this censure attempt was orchestrated and planned. He was approached by a visitor later who played an audio for him that shocked him and reflects how this censure was planned in advance. He spoke of his own experience when it was his turn to be Mayor Pro Tem during his term as a city councilmember. He played an audio of a conversation between Mayor Carpenter and Councilmember Gutierrez of how the censure should take place beginning with a request to put the item on a future agenda. • Mr. Ken Greenwald, 205 Westchester Drive, who thanked city staff and council for allowing him to be the Grand Marshal for the July 4�h Jubilee. He also thanked staff for all the hard work they did in getting everything set up. • Mr. Ferrando Heyward; 2628 Hansel Heights, who spoke about Old Wiederstein Road. He commended everyone for the job they do being good stewards for the City of Schertz and the strategic decisions they have to make. Both long and short-term investments, each have consequences. He hopes they think of the long -term gains of what they do with Wiederstein Road. A recent study done shows the San Antonio to Austin area as the largest growth area in the next ten years. He hopes council considers this fact regarding their decision with 07 -10 -2018 Minutes Page - 5 - Wiederstein Road. Lastly, he commended city staff in regard to the Independence Day parade and Jubilee festivities. Consent Agenda Items Mayor Carpenter recognized Councilmember Crawford who requested agenda items 6 and 7 be pulled from consent for separate action. 1, Minutes — Consideration and/or action regarding the approval of the minutes of the Regular meeting of June 26, 2018. 2. Ordinance No. 18 -T -22 — Consideration and/or action approving an Ordinance by the City Council of the City of Schertz authorizing a budget adjustment to the Fiscal Year 2017- 2018 budget to increase the budget for 3rd party inspection services; repealing all Ordinances or parts of Ordinances in conflict with this ordinance; and providing an effective date. Final Reading (B. James /L. Wood) The following was read into record: ] : 1 1► /_\►F- N@ Ep16 f►•1 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO THE FISCAL YEAR 2017 -2018 BUDGET TO INCREASE THE BUDGET FOR 3" PARTY INSPECTION SERVICES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE 3. Resolution No. 18 -R -77 — Consideration and/or action approving a Resolution amending Resolution No. 16 -R -38 Committee of Committees Advisory Board and providing for the purpose, organization, appointment and duties of the Board by revising meeting times. (B. James/D. Schmoekel) The following was read into record: RESOLUTION NO. 18 -R -77 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING RESOLUTION NO. 16 -R -38 COMMITTEE OF COMMITTEES ADVISORY BOARD AND PROVIDING FOR THE PURPOSE, ORGANIZATION, APPOINTMENT AND DUTIES OF THE BOARD, AND OTHER MATTERS IN CONNECTION THEREWITH 4. Resolution No. 18 -R -74 — Consideration and/or action approving a Resolution approving and authorizing Sanitary Sewer Easement Agreements along IH -35 from Michael Scott Turner. (B. James/K. Woodlee) 07 -10 -2018 Minutes Page - 6 - The following was read into record: i V 19105 IMM I 1's i Z Lei 10 Lei 10 Ke I I kv&f I a Wo re 1 5. Resolution No. 18 -R -76 — Consideration and/or action approving a Resolution authorizing an agreement to contribute right of way funds (fixed price) with the Texas Department of Transportation for the FM 1518 Improvement Project. (B. James/K. Woodlee) The following was read into record: 1i I i i 1 &W9111012 f 1 f 1• 1 1 '' 1 1 '•' 1 8. Resolution No. 18 -R -79 — Consideration and/or action approving a Resolution authorizing the Acting City Manager to enter into an agreement with Olympia Surgery Center for Ambulance Services. (D. Wait /J. Mabbitt) The following was read into record: RESOLUTION NO. 18 -R -79 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ACTING CITY MANAGER TO ENTER INTO AN AGREEMENT WITH OLYMPIA SURGERY CENTER FOR AMBULANCE SERVICES 9. Resolution No. 18 -R -81 — Consideration and/or action approving a Resolution by the City of Schertz Texas authorizing the Acting City Manager to enter into an agreement with EmerusBHS SA Thousand Oaks for Ambulance Services. (D. Wait/J. Mabbitt) The following was read into record: RESOLUTION NO. 18 -R -81 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ACTING CITY MANAGER TO ENTER INTO AN 07 -10 -2018 Minutes Page - 7 - UPDATED AGREEMENT EMERUS/BHS SA THOUSAND O A , FOR AMBUALNCE SERVICES 10. Resolution No. 18 -R -82 - Consideration and/or action approving a Resolution authorizing an amendment to the contract with BB Inspections for inspection and plan review services and expenditures totaling no more than $460,000.00 for building inspection services for the fiscal year of 2016 -2017 and the fiscal year 2017 -2018. (B. James/L. Wood/B. Cox) The following was read into record: The following was read into record: Mayor Carpenter recognized Mayor Pro -Tem Scagliola who moved seconded by Councilmember Davis to approve consent agenda items 1 -5 and 8 -10. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Kiser and Crawford voting for and no one voting no. Councilmember Edwards was absent. Motion Passed. Discussion and Action Items 6. Resolution No. 18 -R -78 — Consideration and/or action approving a Resolution accepting the semiannual reports with respect to the progress of the Capital Improvements Plan, and other matters in connection therewith. (B. James /J. Walters) The following was read into record: RESOLUTION NO. 18 -R -78 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ACCEPTING THE SEMIANNUAL REPORTS WITH RESPECT TO THE PROGRESS OF THE CAPITAL IMPROVEMENTS PLAN, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Councilmember Crawford who asked Acting City Manager Brian James to summarize what all is going into these capital improvement projects. 07 -10 -2018 Minutes Page - 8 - Mr. James explained that the city, collects impact fees for water, sewer, and most recently, road impact fees. Per state law, semi - annual reports are required with regard to how much is collected, spent and how much we plan to spend. The studies we do identify improvements that we anticipate need to be built to serve new development going forward. The report lists some unfunded projects we have such as the Corbett elevated storage tank, the Corbett ground tank, northeast distribution line, Woman Hollering Creek trunk line, etc. Impact fees are one source of payment. New development pays for part of it and also existing and future residents paying for the other part. The key take -away is impact fees are only one part of it; we don't collect enough to fully pay for those anticipated improvements, so we also have to look for other funding sources (i.e. bond issuances, etc.). Mayor Carpenter recognized Councilmember Crawford who moved seconded by Councilmember Gutierrez to approve Resolution 18 -R -78. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Kiser and Crawford voting for and no one voting no. Councilmember Edwards was absent. Motion Passed 7. Resolution No. 18 -R -80 - Consideration and/or action approving a Resolution authorizing a program and expenditures as provided for in the Economic Development Development Performance Agreement between the City of Schertz Texas Economic Development Corporation and Kellum Family Medicine, Inc. (B. James/K. Kinateder /J. Kolbe) The following was read into record: RESOLUTION NO. 18 -R -80 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PROGRAM AND EXPENDITURES AS PROVIDED FOR IN THE ECONOMIC DEVELOPMENT PERFORMANCE AGREEMENT BETWEEN THE CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION (THE "SEDC ") AND KELLUM FAMILY MEDICINE, INC. (THE "COMPANY "); AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Councilmember Crawford who stated he had some concerns earlier but after reading everything he doesn't see anything that has changed. He presumes everything is on track and nothing has changed, and the concerns are not of any further consequence. Mr. James said they did catch a few errors (typo, clarity, etc.). At the next meeting they will likely make sure they are on the same page with EDC. Mayor Carpenter recognized Mayor Pro -Tem Scagliola who moved seconded by Councilmember Gutierrez to approve Resolution 18 -R -80. The vote was 4 -2 -0 with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, voting yes and 07 -10 -2018 Minutes Page - 9 - Councilmembers Kiser and Crawford voting i1' . Councilmember Edwards absent. 1 1 1'!. Passed 11. Ordinance No. 18 -B -23 — Consideration and/or action approving an Ordinance authorizing the issuance of "City of Schertz, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2018"; providing for the payment of said certificates by the levy of an ad valorem tax upon all taxable property within the city and further securing said certificates by a lien on and pledge of the pledged revenues of the system; providing the terms and conditions of said certificates and resolving other matters incident and relating to the issuance, payment, security, sale, and delivery of said certificates, including the approval and distribution of an official statement pertaining thereto; authorizing the execution of a paying agent/registrar agreement and an official bid form; complying with the requirements of the letter of representations previously executed 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 (B. James /J. Walters/M. McLiney /A. Freedman) The following was read into record: AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF SCHERTZ, TEXAS COMBINATION TAX AND LIMITED PLEDGE REVENUE CERTIFICATES OF OBLIGATION, SERIES 201819; PROVIDING FOR THE PAYMENT OF SAID CERTIFICATES BY THE LEVY OF AN AD VALOREM TAX UPON ALL TAXABLE PROPERTY WITHIN THE CITY AND FURTHER SECURING SAID CERTIFICATES BY A LIEN ON AND PLEDGE OF THE PLEDGED REVENUES OF THE SYSTEM; PROVIDING THE TERMS AND CONDITIONS OF SAID CERTIFICATES AND RESOLVING OTHER MATTERS INCIDENT AND RELATING TO THE ISSUANCE, PAYMENT, SECURITY, SALE, AND DELIVERY OF SAID CERTIFICATES, INCLUDING THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO; AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT AND AN OFFICIAL BID FORM; COMPLYING WITH THE REQUIREMENTS OF THE LETTER OF REPRESENTATIONS PREVIOUSLY EXECUTED 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 Finance Director James Walters who stated to summarize, the City of Schertz is selling bonds. We have collected numerous bids. The bonds are $10, 890,000. This is the culmination of the Notice of Intent that the city issued at the end of May. About half of those bonds are going to the general fund to purchase a reserve fire engine. We also had a couple of other projects underway that will be reimbursed by this money once we get it in. This includes the Pickrell Park Pool repair and YMCA bathroom 07 -10 -2018 Minutes Page -10 - repair /reconstruction. Other projects include replacing the electronic door locks within the city as well as installation in areas where they have not been before. Also, included would be some renovations at 11 Commercial Place. Other projects are in the water and sewer areas including loop lines, main breaks, FM 1103 utility relocations and water meter replacements. Mayor Carpenter recognized Financial Advisor Mark McLiney who provided a summary of the process of bids received and answered questions from Council. Mayor Carpenter recognized Councilmember Gutierrez who moved seconded by Councilmember Davis to adopt an Ordinance authorizing the issuance of City of Schertz Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2018, first and final reading. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Kiser and Crawford voting for and no one voting no. Councilmember Edwards was absent. Motion Passed. 12. Potential Certificates of Obligation and General Obligation Refunding — Discussion and consideration and /or action of potential refunding opportunity of outstanding Certificates of Obligation and General Obligation Bonds for debt service savings and authorization from City Council for Staff and Consultants to pursue the refunding opportunity if certain savings thresholds are met. (B. James /J. Walters/M. McLiney /A. Freedman) Mayor Carpenter recognized Finance Director James Walters who stated Mr. McLiney had brought to their attention a potential refunding of money and he will go over with you which bonds are eligible for refunding and why we need to wait until October as there have been some recent changes in how we can issue refunding bonds. Mayor Carpenter recognized Financial Advisor Mark McLiney who explained how this is taking the existing debt, paying it off and issuing bonds at lower interest rates. Mr. McLiney explained how the law changed and what the procedures are now; he also answered questions from Council. Mayor Carpenter recognized Councilmember Crawford who moved seconded by Councilmember Kiser to proceed with the potential refunding. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Kiser and Crawford voting for and no one voting no. Councilmember Edwards was absent. Motion Passed. Roll Call Vote Confirmation City Secretary Brenda Dennis provided the Roll Call Vote Confirmation for agenda items 1 -12. Workshop 07 -10 -2018 Minutes Page - 11 - • Presentation and discussion from staff on recommendations of the Unified Development Code (UDC) regarding standards for sheds. (Item requested by Councilmember Davis) (D. Wait) Mayor Carpenter recognized Executive Director Dudley Wait who explained this item along with staff members Planner I Emily Grobe and Assistant Fire Chief Kyle McAfee. They provided a power point presentation explaining the standards for residential accessory structures, specifically with regard to sheds. Items covered included the current UDC requirements and their origin. The reason for this discussion was a code enforcement complaint which involved four different property owners in violation. Those property owners then submitted a variance request to the city. The Board of Adjustment (BOA) heard the four variance cases on June 25 and denied all four requests. Since then, more addresses have been submitted and the current total of complaints is 13. City staff's interpretation on the appropriateness of UDC Article 8, Section 21.8.2 C & D include requirements that are in place for aesthetic purposes as well as fire safety concerns. Questions and comments from Councilmembers included: - The necessity or not of being denied placing a shed right next to a resident's home. - Over legislating/burdening our property owners. - The impact of HOA rules /allowances. - Should we revisit this UDC and update it? Acting City Manager Brian James suggested that staff could come up with a list of potential code amendments to include several options including input from the Planning and Zoning Commission and bring it back to Council for further discussion/direction. • Discussion and update regarding Wiederstein Road and Old Wiederstem Road Project. (Item requested by Councilmember Crawford. (B. James) Mayor Carpenter recognized Councilmember Crawford who stated this was discussed two weeks ago. Could we consider deeding the road ( Wiederstein Road) to the City of Cibolo and in the deed restrictions have our curve cuts as needed? It would avoid us having to pay $1 million to the City of Cibolo. He has no problem giving them $1 million in lieu of giving them the road to the extent of a couple of things. One: we have to borrow the $1 million or take it out of the General Revenue. He would like the money be available for us to work on other projects in the city. It is probably fair to give Cibolo $1 million as the developer says it will probably take $4.6 million to fix Wiederstein Road. We may have twenty percent traffic coming off this road. He is conscious of how we spend our dollars and we need to get the road fixed. Either way it is going to work but the question is where does the money come from? 07 -10 -2018 Minutes Page - 12 - Councilmember Davis stated he understands the urgency for Cibolo to make improvements to this particular road. He also understands where this road racks and stacks on our Pavement Condition Index (PCI). He has received calls from different residents about certain roads but none of them were for Wiederstein. He said Schertz can step up and take this project on or do nothing (neither one being the right answer). The deed option is interesting —we could put restrictions in there that meet our needs. We wouldn't have maintenance going forward and have no out -of- pocket now. He would like to hear more information from Cibolo. Maybe it is time to have a joint meeting with them to see which way we go forward with this. Councilmember Gutierrez stated there is a reason why TxDOT wants the right of way on FM 1518. It is important that we keep our curve cuts where we want them. We forget that Schertz owns 3/4 of the corridor on 11135. Giving the road to Cibolo is not the right way to go —they can add restrictions and make it impossible for us to even do the curve cuts. We have to keep the road in Schertz so we can control what we want. Councilmember Scagliola stated his only problem with deeding something over to somebody is what happens when they default? He is not in favor of turning over Schertz property. He has a good relationship with Cibolo's Council. Once that area is fully developed, he believes we can recoup that $1 million and more. The name of Cibolo Valley Drive does not bother him at all. He does not believe it is time to give the property over to them. He recommends letting the city managers speak with the developers to determine the best course of action. Bring both of the councils a plan then. Mayor Carpenter stated he would just like to ask Council to wait for the results of the process that has already begun. Then they can make a decision based on what is before them. Councilmember Crawford requested a brief from Mr. James on what is going on. Mr. James stated Cibolo City Manager Robert Herrera is still agreeable to the deal as what was laid out to Council of Schertz kicking in $1 million to the section of Wiederstein from IH 35 to Old Wiederstein as well as the commitment of up to 1/z million dollars from both cities to try and leverage those funds to make intersection and overpass improvements within the TxDOT right of way. There are some Cibolo citizens who have expressed their dislike of the proposal to their city council. However, Mr. Herrera has indicated he is still supportive of the plan in terms of a deal going forward. Mr. James is working on a draft of an ILA to get to him. He anticipates getting that back to both councils on the 20. Closed Session 13. City Council will meet in closed session under Section 551.074 of the Texas Government Code, Personnel Matters to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager. 07 -10 -2018 Minutes Page - 13 - 14. City Council will meet inclosed session under Texas Government Code Section 551.071, Consultation with the City Attorney and Section 551.074 Personnel Matters to deliberate a complaint about and the evaluation, duties'or discipline of a City Council Member. Mayor Carpenter stated Councilmember Edwards is absent this evening and he has a note from him asking that Council not take up Item 14 in his absence. If there is no objection from Council they will not take up that item this evening. Also, in regard to Item 13 it has always been the habit that when a Councilmember is absent that they not meet. Council concurred not to meet on either item. City Council did not meet in closed session. 13a. Take any action based on discussions held in closed session under Agenda Item 13. No action taken as Council did not meet 14a. Take any action based on discussions held in closed session under Agenda Item 14. No action taken as Council did not meet. Requests and Announcements ® Announcements by the Acting City Manager. No additional announcements were made. ® Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Mayor Carpenter recognized Councilmember Crawford who requested an agenda item regarding people parking in front of mailboxes. Acting City Manager Brian James stated that he would like to have this vetted through the Transportation Safety Advisory Commission (TSAC) first and then have them bring back their recommendations to Council. Councilmember Crawford stated that this would be fine. ® 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 Mayor Pro -Tem Scagliola who stated he liked it when Mr. Greenwald stood up here and thanked everyone for making him the Marshal for the day. It is an honor greatly deserved. The July 4th Parade was wonderful. He also encouraged 07 -10 -2018 Minutes Page - 14 - people to contribute donations toward raising funds to fix the old 1956 fire truck up. They need about $20,000 +. He also thanked staff for working the 4"' of July Jubilee event. Mayor Carpenter recognized Councilmember Gutierrez who thanked staff for their work on putting together the 40i of July parade event. Mayor Carpenter recognized Councilmember Crawford who also thanked staff for their contributions to the 40i of July Jubilee. Mayor Carpenter recognized Acting City Manager Brian James who added on to Mayor Pro -Tem Scagliola's comment about contributions. He has seen a draft of the work done by several city departments to allow it easier for patrons to make online donations to different things. So, they will add the fire engine repair to that list. Then they can also start promoting it in the Schertz Magazine. Mayor Carpenter thanked staff for all their hard work on the 4' of July Jubilee Parade and even though we did not have the fireworks show it will be done during the city's 600i birthday celebration in September. 15. Information available in City Council Packets - NO DISCUSSION TO OCCUR • Bond Rating Reports. (B. James/D. Wait/J. Walters) • Update information from the Committee of Committees Advisory Commission (CCAB). (B. James /S. Gonzalez) • Update regarding large projects /CIP. (D. Wait/J. Harshman/T. Buckingham) • Pending informational items. Adiournment As there was no further business, Mayor Carpenter adjourned the meetig at 8:00 p.m. R. Carpenter, Mayor ATTE Brenda Dennis, City Secretary 07 -10 -2018 Minutes Page -15 -