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04-26-2016 Agenda with backup City Council Agenda REGULAR SESSION CITY COUNCIL April 26, 2016, 6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 COMMUNITY.SERVICE.OPPORTUNITY 04-26-2016 Council Agenda City of Schertz Core Values Do the right thing Do the best you can Treat others the way you would want to be treated Work cooperatively with others AGENDA TUESDAY, APRIL 26, 2016 AT 6:00 P.M. Call to Order – City Council Regular Session Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Mayor Carpenter) City Events and Announcements  Announcements of upcoming City Events (B. James/D. Wait/S. Gonzalez)  Announcements and recognitions by City Manager (J. Kessel) Presentations:  Check presentation to CTRC regarding proceeds from the 2016 Wilenchik Walk/Run. (S. Gonzalez/L. Klepper/M. Spence)  Presentation awards regarding the 2016 Wilenchik Walk/Run. (S. Gonzalez/L. Klepper/M. Spence) Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker’s register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and/or a proposal to place the item on a future agenda. The presiding officer, during the 04-26-2016 City Council Agenda Page - 2 - Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Workshop  Discussion of Special Called Council Retreats. (Item requested by Councilmember Thompson) 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. 1. Minutes – Consideration and/or action regarding the approval of the minutes of the Regular Meeting of April 12, 2016. (J. Kessel/B. Dennis) 2. Ordinance No. 16-D-06 – Consideration and/or action approving an Ordinance providing that the Code of Ordinances of the City of Schertz, Texas be amended by revising Chapter 86, Section 86-41, Stop Intersections – Designated regarding the installation of a stop sign at the intersection of Tractor Pass and Planters Pass. Final Reading (B. James/K. Woodlee/D. Letbetter) 3. Boards, Commissions and Committee Member Resignations and Appointments – Consideration and/or action ratifying the resignation of Mr. Howson Lau of the Library Advisory Board and the Committee of Committees effective May 3, 2016, and ratifying the appointment of Alternate 1 Ms. Shonale Burke as Regular member and ratifying the appointment of Alternate 2 Rebecca Scheffler to Alternate 1. (B. Dennis/Mayor/Council) Discussion and Action Items 4. Ordinance No. 16-C-09 – Conduct a Public Hearing and consideration and/or action approving an Ordinance amending the Schertz Code of Ordinance Chapter 18, Buildings and Building Regulations, Article 1, In General, Section 18 Inspections. First Reading (B. James/L. Wood/G. Durant) Roll Call Vote Confirmation Requests and Announcements 5. Announcements by City Manager  Citizen Kudos  Recognition of City employee actions  New Departmental initiatives 6. Future Agenda Item Request for City Council: This is an opportunity for City Council members to request that items be placed on a future agenda. No discussion of the merits of PH 04-26-2016 City Council Agenda Page - 3 - the item may be taken at this time. Should a Council Member oppose placement of the requested item on a future agenda, the Mayor, without allowing discussion, shall ask for the consensus of the other City Council members to place or not place the item on a future agenda. 7. 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 8. Information available in City Council Packets - NO DISCUSSION TO OCCUR  Information regarding Inter-connectivity between Pollo Tropical, Wendy’s, Whataburger and Valero) ( Information requested by Mayor Pro-Tem Edwards) Executive Session 9. City Council will meet in closed session under section 551.071 of the Texas Government Code, Consultation with Attorney, regarding three Texas Tax Code Section 312 Tax Abatement Agreements between the City of Schertz and the following companies:  CST Diamond, L.P.  Corridor Hotel II, Ltd  Verde Tri-County Ltd Reconvene into Regular Session 9a. Take any necessary action based on discussions held in closed session under Agenda Item number 9. Roll Call Vote Confirmation Adjournment CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 22nd DAY OF APRIL, 2016 AT 1:30 P.M. WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. Brenda Dennis Brenda Dennis, City Secretary 04-26-2016 City Council Agenda Page - 4 - I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON _____DAY OF _______________, 2016. ____________________________Title:__________________________ This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services please call 210-619-1030. The City Council for the City of Schertz reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. Executive Sessions Authorized: This agenda has been reviewed and approved by the City’s legal counsel and the presence of any subject in any Executive Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Carpenter Audit Committee Interview Committee for Boards and Commissions Investment Advisory Committee TIRZ II Board Councilmember Fowler – Place 1 Interview Committee for Boards and Commissions Schertz Housing Board Liaison Randolph Joint Land Use Study (JLUS) Executive Committee Schertz Seguin Local Government Corporation Councilmember Azzoz – Place 2 Animal Control Advisory Committee Sweetheart Advisory Committee Councilmember John – Place 3 Lone Star Rail District Mayor Pro-Tem Edwards – Place 4 Audit Committee Hal Baldwin Scholarship Committee Interview Committee for Boards and Commissions Cibolo Valley Local Government Corporation Councilmember Thompson Place 5 Audit Committee Investment Advisory Committee Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: April 26, 2016 Department: City Secretary Subject: Minutes BACKGROUND The City Council held a Regular Meeting on April 12, 2016. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the Regular Meeting of April 12, 2016. ATTACHMENTS Minutes –Regular Meeting of April 12, 2016. 04-12-2016 Minutes Page - 1 - MINUTES REGULAR MEETING April 12, 2016 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on April 12, 2016, 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 Mayor Pro-Tem Cedric Edwards Councilmember Grumpy Azzoz Councilmember Daryl John Councilmember Robin Thompson Staff Present: Executive Director Brian James Executive Director Dudley Wait City Attorney Charlie Zech City Secretary Brenda Dennis Assistant to the City Manager Sarah Gonzalez Councilmember Fowler was absent. 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 John) Councilmember John 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 those students here this evening who are participating in the Hal Baldwin Scholarship program, to please be sure to sign in on the sheet in the vestibule or see the City Secretary. 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:  Thursday, April 14, Northeast Partnership (NEP) Meeting, Olympia Hills Golf Course and Conference Center, Universal City, 11:30 a.m.  Thursday, April 14, Community Volunteer Fair, Schertz Civic Center, 5:30-7:00 p.m. Visit Schertz.com under the events tab for a list of participating vendors.  Friday, April 15, Ribbon Cutting, Charlotte’s Country, 820 Main St., 2:00 p.m.  Tuesday, April 19, The Chamber monthly luncheon, Schertz Civic Center, 11:30 a.m.  Wednesday, April 20, Blood Drive, in front of Community Center, 8:00-11:30 a.m.  Thursday, April 21, The Chamber Monthly Mixer (Re/Max Corridor), 17156 IH-35 North, 5:30-7:00 p.m. 04-12-2016 Minutes Page - 2 -  Friday, April 22, Lions Club Casino Night, Schertz Civic Center, 6:00 p.m.  Saturday, April 23 & Sunday, April 24, Aviation Heights Cleanup Day, Pickrell Park Baseball Field, 8:00 a.m.-4:00 p.m.  Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who stated he wanted to highlight Fire Marshal John Perry who recently assisted a company with a problem with their Fire Sprinkler System. Fire Marshal Perry was instrumental in solving their issues. Mr. Kessel thanked him for his assistance. Mr. Kessel also stated on a sad note, this is Ms. Cindy Raleigh’s last City Council meeting with the City of Schertz. He stated that he is proud of the work that she has done and now she will be leaving us to do similar work closer to home. Mr. Kessel stated she will be missed and wished her well. Mayor and Council concurred. Mayor Carpenter stated that he would like to move the next item to the end of the agenda.  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 Proclamation  Proclamation recognizing the week of April 10 – 16th as National Public Safety Telecommunicators Week. (Mayor/M. Hansen/R. Rutkowski) Mayor Carpenter read and presented the proclamation to Police Communications Manager Ronnie Rutkowski and staff members present. Mayor Carpenter commented on the great job they do for the City and thanked staff for their hard work and dedication. Communications Manager Ronnie Rutkowski also thanked his staff. Presentations: Mayor Carpenter stated that staff indicated that the Wilenchik CTRC check presentation and awards presentation is not ready and will be on the next meeting’s agenda.  Check presentation to CTRC regarding proceeds from the 2016 Wilenchik Walk/Run. (J. Kessel/L. Klepper/M. Spence) Mayor Carpenter announced that staff has postponed this item to the next meeting. 04-12-2016 Minutes Page - 3 -  Presentation awards regarding the 2016 Wilenchik Walk/Run. (J. Kessel/L. Klepper/M. Spence. Mayor Carpenter announced that staff has postponed this item to the next meeting.  Sweetheart Court Fiesta Medal Presentation. (J. Kessel/L. Klepper/E. Matlock/M. Spence) Mayor Carpenter recognized Events Manager Mary Spence who introduced Miss Schertz, Morgan Gaitan, Miss Jubilee Regina Deason, and Miss Friendly City Sydney Fischer who came forward thanking the City for the opportunity to serve as their 2016 Sweetheart Court, highlighting events they attended and were involved in. Miss Schertz Morgan Gaitan invited Mayor and Council and those in attendance to attend the upcoming April 23, 2016 Fiesta Flambeau parade. Ms. Spence stated that this year as in the past, the Sweethearts designed the City’s Fiesta Medal and this year’s them was “Long Live Texas”. The Sweethearts provided each member of Council and those present with their designed Fiesta medal. Mayor and Council thanked the Sweethearts for serving as ambassadors this year for the City. Hearing of Residents Mayor Carpenter recognized the following who spoke:  Ms. Jeanne “Wiederstein” Rawe, 7993 Trainer Hale Road who spoke in opposition of the proposed Woman Hollering Creek Wastewater line project, providing her comments on how it would damage their land that has been in the family for many years. She stated that in November of 2015 the property that has been in their family for many years received the designation of a Texas Family Heritage Farm by the State of Texas and the Texas Department of Agriculture for having continuous agricultural production by the same family for 100 years. She stated that their family has continued the desire to farm this land as their great-grandfather envisioned 100 years ago. Their family has worked the land producing crops, raising livestock, planting trees and providing an environment for wildlife. The sewer line project is not condoned by their family. She stated that they had no say in this project running through their land. It will scar and disrupt everyday farm activity during construction. She expressed her concern regarding the manhole covers that will be every 500 feet, not to mention the possible malfunction of the line and contamination of the creek and soil. She stated that they rely on the creek every day for watering their livestock. She stated that she sees this as poor planning allowing large subdivisions to build with no plans for sewer treatment prior to the first house being built. She indicated that the developers have big money so why can’t the treatment plant be in their backyard. She stated that they will not benefit from this project whatsoever. She stated that they did allow the survey crew on their property to do a GPS survey. They provided transportation with their ATV, ladders and cutting tools. She stated that on two other occasions they did not show up as promised, and no phone calls were made. Two days of work were lost waiting on them; they have little trust in the engineering company. She asked did anyone ever think of how this would affect them living there, do you want this in your backyard? When you mark down the feelings of this landowner, put her down as heartbroken and mad. 04-12-2016 Minutes Page - 4 -  Miss C.C. Myers with Kung Jung Mu Sul who came forward providing information on their recent activities as well as invited Council to their upcoming promotion events. Mayor Carpenter commented that one of the tenants of their organization is an abdominal spirt and he recognized and commended C.C. for coming this evening. Workshop  Conduct a Public Hearing and presentation/discussion regarding the Woman Hollering Creek Wastewater Line Project. (B. James/K. Woodlee/C. Raleigh) Mayor Carpenter recognized Public Works Project Manager Cindy Raleigh and City Engineer Kathy Woodlee who provided a Power Point discussion regarding the Woman Hollering Creek Wastewater Line Project. Ms. Raleigh provided the following information: Project Information:  Wastewater line is to feed the new CCMA Wastewater Treatment Plant and will serve the Southern Sewer shed.  The City and CCMA are building this plant together.  Completion date is set for mid-year 2017 – the plant cannot come online without this wastewater line in place.  Consists of a gravity main, force main, and one lift-station.  This project is necessary to provide sewer service to the areas in Southern Schertz. Septic Systems are not an option due to experience with failures.  Estimated Project Cost: $5.9 Million  Council awarded a contract for Engineering & Design to Cobb Fendley & Associates on September 29, 2015. Engineering & Design Phase:  First step: Acquire Right-of-Entry from 26 property owners. This allows the surveyor to enter the property and conduct testing. - Testing includes line location confirmation, geotechnical testing and environmental testing - 26 properties are affected by this project - 20 Rights-of-Entry have been acquired - 1 Property Owner initially indicated interest but has since become nonresponsive: 2 Property Owners have been nonresponsive; 3 have indicated their unwillingness to grant permission to enter. - Staff is working with the Property Owners and Cobb Fendley to resolve the missing permissions to enter. - Not acquiring Rights-of-Entry could be problematic, but historically the City has had these issues with other projects. PH 04-12-2016 Minutes Page - 5 - Concerns Expressed by Property Owners:  Not interested in development of the area; rural and farmland and will remain as such.  Environmental concerns: - Will the property be destroyed and trees removed? - Will wetlands be disturbed? - What about the risk of sewer line breakages and backups?  Will property taxes increase?  Will there be manholes and other structures on the property?  What about the safety and privacy of our property and equipment during the survey and construction phase? Staff actions and response:  Staff held a public forum at the Council Chambers to address questions from affected property owners.  Staff met with property owners one-on-one at City Offices, businesses and at private residences per property owner requests.  Property owners requested that staff look into alternative routes for the line that would avoid affecting their property. Mayor Carpenter recognized City Engineer Kathy Woodlee who came forward addressing the proposed Route and the various Alternative Route Evaluations and how it would affect the areas served. Ms. Woodlee stated that staff is recommending the proposed route. Ms. Raleigh came forward providing the following next steps: Next Steps:  Finish acquiring Rights-of-Entry  City may have to exercise their right of Eminent Domain - May include injunction to allow survey on property to proceed - Staff will return to Council in approximately two weeks to seek approval to proceed (if necessary)  Complete Engineering and Design  Acquire Easements (May include eminent domain actions) - The process of condemnation to acquire property to complete project  Release project for bid  Construction  Complete Goal date – Late 2017 Mayor Carpenter stated that before he opens the public hearing he would like to recognize Boy Scouts Spencer Behunin and A. J. Walker with Troop 624 who are in the audience this evening. Mayor and Council welcomed them. Mayor Carpenter opened the public hearing and recognized the following who spoke:  Mr. Allen Wiederstein, 8175 Trainer Hale Road, who spoke in opposition of the sewer project. His concern was of placing manhole covers on the land and who would be 04-12-2016 Minutes Page - 6 - responsible if any of his cattle breaks a leg? Are you going to put the land back exactly the way it is now? Another concern is that it is being placed along the creek. Any breakage can cause his cattle to get sick; is the city going to pay for that? Mr. Wiederstein stated that he is totally against this project and is sorry that the other routes won’t serve as many as the proposed. He requested that the city consider the residents that live out in the area and has nothing to do with this wastewater line. He believes that the developers should find a way to pay to accomplish this and find another route and not go through their land.  Mr. Andy Herrera, 8215 Trainer Hale Road, neighbor of Allan, who spoke in opposition of the project and the disrespect he received and the lies that were told.  Mr. Reagan Rawe, 7993 Trainer Hale Road, who spoke on the following objections: - Displeasure of the Management Company and the project management the city chose - Displeasure of courtesy seen by the Director of Development and the Engineering representative - Destruction and contamination of wetlands and the creek and the projects impact - Lack of answering questions by residents that met one-one-one - Addressed concern regarding a recent breach of leakage on the north line.  Mr. Rod Ellison, 12762 Woman Hollering who also spoke in opposition. He stated that they were out of town when their notification came. He stated that he has learned more from his neighbors and feels he is not getting the full picture and not getting all the information. He would like a single point of contact who they can address questions to and have them answered. He would like to know the full impact of this project. He stated that he is totally against allowing the line to go through. He expressed concern regarding the safety and being misled. Again, he requests a single point of contact that they can speak with regarding the project.  Ms. Maria Ellison, 12762 Woman Hollering, who also spoke in opposition stating that they live in the ETJ and that Schertz does not service them other than water and electricity. She expressed her concern of the city taking their property. She stated that as she understands it, the cities usually have the lines that run along the side of the road and not through individual’s property. She questions why this is not going to be placed along 1518 and if the City decides to place the line through their property and there is a breakage and floods their yard, there’s no regaining what they had there before. As no one else spoke, Mayor Carpenter closed the public hearing and recognized City Engineer Kathy Woodlee who began by addressing residents’ concerns. Ms. Woodlee stated they did mail out letters to property owners requesting entry permission. The response timeframe was kept short so that decisions/progress would not be stalled unnecessarily. Because they have not done the property surveys yet, staff is unable to address concerns and questions regarding where the manholes will be, how close they will get to any wetlands, etc. 04-12-2016 Minutes Page - 7 - Main sewer trunk lines need to run along a low point in the topography of ground. This is why they don’t just go along the rights-of-way. These are typically laid along creeks. As for the question regarding who is the single contact person for the property owners to call, Ms. Woodlee stated it should be her. They did have a point of contact with the consulting firm to discuss the property acquisition activities. She said they could change that and she would gladly be the point of contact for everyone moving forward. They will make every effort to address further concerns. Once they have the survey results, more information will become available such as, where will these manholes go, what trees will be removed, ho w deep is it going to be, and what is my property going to look like afterward. She stated they make provisions during and after construction to deal with fencing situations, etc. They do as much as possible to restore the property to its original condition or better. Mayor Carpenter opened the discussion with Council with the following thoughts: He stated that this is always a very difficult thing to undertake, whenever we say we are going to potentially infringe on the rights of a property owner; it is always a challenging position to take. It is difficult to balance the needs of the community in aggregate and the rights of individual property owners. In Texas, the rights of individual property owners are held very high under the law and well protected. If any proceedings that have gone on to date are perceived as being rude or declaratory in nature, he apologizes. That is not our desire nor is it our intended way of doing business. He recognizes the delicate balance that we have in supporting the interest of the entire community and still supporting, retaining and protecting the individual rights of the property owners. As Mayor, he has responsibility and if that is what has happened, he apologizes. He encouraged further commentary from Staff, Engineering, City Management and Council. Mayor Carpenter recognized Councilmember Thompson who requested to be brought up to date with the aforementioned line breach in northern Schertz. Executive Director Dudley Wait responded saying it was about 6-8 weeks ago that there was a line running from the Schwab Road area to where we connect with New Braunfels Utility (NBU) for them to process that. Several thousand gallons of raw sewage were spilled. It occurred because of a failure in the New Braunfels lift station where we joined it in. The matter was rectified in a few days and TCEQ was right there with us the whole time. We have since added this line to a list of others that we do routine inspections on to ensure we don’t have a spill that may go unrecognized for an extended period of time. Councilmember Thompson stated in previous conditions where trunk lines have been built where cattle are, what precautions or what measures are put in place to protect the cattle and are such precautions being considered. Ms. Wood lee stated that during construction, fences would be relocated and they would work with the property owner to see if there are certain pastures where the cattle could be kept or we could put in temporary fences to keep them out of the work areas. After construction we will certainly do whatever the property owner is requesting provided it’s reasonable, perhaps putting a fence around manhole covers would be an option. The property owners would know what is adequate for their stock. Another option could be that we fence off the entire easement. Councilmember Thompson also requested that when staff comes back to Council could they double check the JLUS Study we entered into to see if the development that is coming north would impact those lines and if so how. 04-12-2016 Minutes Page - 8 - Mayor Carpenter recognized Mayor Pro-Tem Edwards who stated he echoed the Mayor’s comments regarding how we do business here in Schertz. He thinks that going forward we should look into if there are any case studies that show what we do when there is a spill and how we handle that. He thinks this is something we need to address with the public. The second thing he heard someone ask earlier was why the developers couldn’t contribute. He wants staff to address this as well. The third thing is he feels the residents, city staff and CCMA staff should get together and discuss this some more, listen to all concerns; and then proceed. Mayor Carpenter recognized Councilmember Azzoz who stated he thinks the manholes could be worked without doing too much harm, but he sees the concern about livestock and the creek. It is good to preserve what the property owners have had for a hundred years. He hopes there is an alternative. He doesn’t like the words ‘eminent domain’ and hopes we don’t have to go through that. Mayor Carpenter recognized Councilmember John who echoed Councilman Azzoz’ concern over eminent domain use. He would definitely like to explore any other possible options. In response to Mayor Pro-Tem Edwards question about the number of properties who are not willing to participate, City Engineer Kathy Woodlee stated these are property owners who are not even willing to grant the ‘right of entry’ to just do the survey. Staff has tried to make it clear this is not a right of easement, but simply just a right to do the surveys so they can determine for sure that they are doing this in the right locations while avoiding trees and wetlands, thus establishing the easements in just the right locations. Ms. Woodlee provided additional comments making it clear that ultimately they would just be seeking easements (20-30 ft.) to lay the lines across the property (no purchase of property will occur) and once all construction is done, the property owners would again have full use of their land. She described reasonable assistance options available to property owners regarding pre-construction, construction and post-construction to protect their livestock. Mayor Carpenter stated he thinks it is the will of Council (collectively, of Councils previously as well) that we reduce the density of development throughout the city. He stated we got rid of the R-5 and R-6 smaller lot developments years ago. These developments then went to surrounding cities, but development is still going to come. Council tries hard to manage this. Just as property rights are protected for those who own the property today, the future owner’s rights are protected as well. What has already happened is that heirs of certain long held family properties have decided to cash out and sell. They have to also have equal protection. The point is Council is trying to balance and control that development because it will come. Part of this control/balance is to not set up a development situation (long term) that would rely on septic systems because septic systems are a greater risk than a city sewer system. It is a balance and mitigation effort. Mayor Carpenter stated it sounds like so far we haven’t done a really good job (in regard to the current proposed sewer project). He apologized for that. The good news is right now you (the concerned property owners) are in Schertz or the Schertz ETJ, not in the San Antonio ETJ; and we listen. He suggested we put the brakes on a bit and make sure we do this right and in a very courteous manner. 04-12-2016 Minutes Page - 9 - He recommended there be a briefing for Council regarding advantages/disadvantages, cost differences, impacting how many parcels, etc. He also would like to see a copy of the letters that went out and know what we have done to date. He would like to keep a dialogue with these individuals (Kathy has agreed to be the single point of contact). Let’s keep working a dialogue through a Schertz staffer. Mayor Carpenter provided his phone number to the audience which is 210-452-8003. He stated it was their desire (as a city in the aggregate) to protect everyone’s short term and long term interest. He feels we can get to a better place than we are today. Mayor Carpenter recognized Councilmember Azzoz who stated we live in a world where things have to get done and development is coming. He encouraged the land owners to stick to their guns but think of ways for this to work for themselves and also for their future generations. Have an open mind. He respects their property and hopes we can work together. Mayor Carpenter recognized City Manager John Kessel who stated some land had been annexed off of FM 1518 years ago and more recently now from San Antonio. ETJ land is property that is going to be in a city’s limits and it simply designates which city. Previously, this area was in San Antonio’s ETJ, but they have released that area to Schertz now. This was done with the condition that we develop a master plan that met city standards including provisions for water, sewer, streets and land use. This was a decision of Council probably six or eight years ago. In late 2010-early 2011, there were a series of land discussions that began taking place on what land uses would be there. Simultaneously, City Council contemplated a sanitary sewer treatment plant at our furthest and lowest point in the city th at would serve the southern Schertz area in conjunction with CCMA. That is the facility this particular line would serve. The first big policy question is should this be in the city limits? The next question is should we provide sanitary sewer? Other residents in subdivisions that have septic tanks have pleaded with the city to not go the septic route moving forward in newer areas of development. Three or four years ago there was a push to bring this plant to realization. This was the driving motive; responding to our citizens and the bigger idea of meeting future development needs. Mr. Kessel explained briefly what City Engineer Kathy Woodlee already touched on regarding the general overall typical placement of sewer and trunk lines. The reason is that they try to ‘gravity feed’ so we are not pumping; we want to limit the number of pump stations or the distance that we pump. A number of reasons are: fewer parts to fail, greater reliability, lower costs/less use of electricity. He explained the depth of placing these lines and the need of a specific length of easement. Since FM 1518 is a state road, the state will not allow us to place utility lines in the right of way of a state facility. Therefore, we need to get the wider easement from the property owners adjacent to that. Regardless of what we choose we will have to acquire easements from the property owners. He encou raged Council and the citizens to think about the big pictures: San Antonio vs. Schertz, whether we want to have sewer lines or septic tanks, shallow or deeper lines. These are policy questions we need to consider. Staff would like to have these workshops, knowing what the questions are that Council has had and that citizens have raised. There are certain deadlines to open the plant within a certain time frame. The longer we spend on the front end, the more we will have to push on the back end. 04-12-2016 Minutes Page - 10 - Mayor Carpenter summarized that staff will be asked to come forward again with a presentation and also ask anyone else to come as well, such as representatives from CCMA. Staff should walk everyone back through all the steps in more detail. We need to make sure that the path we chose is the correct one, engineering-wise. It should be cost effective and have all the things we need in it for Council, the Staff and the Property Owners to come to an acceptable consensus on. How can we minimize the land owners concerns? How can we have the least impact on the land? His personal desire to have a huge plantation of septic tanks is very small. He feels we can come to a better place with more communicating. We will have another discussion workshop in two weeks with more facts and dialogue with the landowners. Discussion and Action Items 1. Minutes – Consideration and/or action regarding the approval of the minutes of the Special Retreat Meeting of March 24, 2016. (J. Kessel/B. Dennis) Mayor Carpenter recognized Mayor Pro-Tem Edwards who moved, seconded by Councilmember Thompson to approve the minutes of the Special Meeting of March 24, 2016. The vote was unanimous with Mayor Pro-Tem Edwards, Councilmembers Azzoz, John and Thompson voting for and no one voting no. Motion passed. Councilmember Fowler was absent. 2. Minutes – Consideration and/or action regarding the approval of the minutes of the Regular Meeting of April 5, 2016. (J. Kessel/B. Dennis) Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Mayor Pro-Tem Edwards to approve the minutes of the Regular Meeting of April 5, 2016. The vote was unanimous with Mayor Pro-Tem Edwards, Councilmembers Azzoz, John and Thompson voting for and no one voting no. Motion passed. Councilmember Fowler was absent. 3. Boards, Commissions and Committee Member Resignations and Appointments – Consideration and/or action ratifying the resignations of Mr. Jeff Sanna, Parks and Recreation Advisory Board and Mr. William Dandy, Historical Preservation Committee and ratifying the appointment of Mr. John Sullivan as a regular member to the Parks and Recreation Advisory Board. (B. Dennis) Mayor Carpenter read the following recommendation: ratify the resignations of Mr. Jeff Sanna from the Parks and Recreation Advisory Board and the resignation of Mr. William Dandy of the Historical Preservation Committee. Also ratify the appointment of Mr. John Sullivan to a Regular member of the Parks and Recreation Advisory Board. Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Mayor Pro- Tem Edwards to approve the ratification of the resignations of Mr. Jeff Sanna and Mr. William Dandy and the appointment of Mr. John Sullivan as a regular member to the Parks and Recreation Advisory Board. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Azzoz, John and Thompson voting for and no one voting no. Motion passed. Councilmember Fowler was absent. 04-12-2016 Minutes Page - 11 - 4. Ordinance No. 16-D-06 – Consideration and/or action approving an Ordinance providing that the Code of Ordinances of the City of Schertz, Texas be amended by revising Chapter 86, Section 86-41, Stop Intersections – Designated regarding the installation of a stop sign at the intersection of Tractor Pass and Planters Pass. First Reading (B. James/K. Woodlee/D. Letbetter) The following was read into record: ORDINANCE NO. 16-D-06 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS, BE AMENDED BY REVISING SECTION 86-41, STOP INTERSECTIONS- DESIGNATED; AND PROVIDING AN EFFECTIVE DATE. Mayor Carpenter recognized City Engineer Kathy Woodlee who said the Traffic Safety Advisory Commission (TSAC) received a request from representatives of the Kramer Farm Home Owners’ Association (HOA) in January to investigate possible traffic calming measures within the Kramer Farm Subdivision. Staff (including Public Works, Engineering, and the Police Department) investigated, conducted a vehicle volume and speed study and is continuing to monitor traffic in the Kramer Farm Subdivision. Given the variety of issues, staff recommended a one-step-at-a- time approach to addressing identified issues in the subdivision. One particularly troublesome spot is the intersection of Tractor Pass and Planters Pass. This intersection experiences congestion during peak periods and has been observed to cause confusion due to its unusual layout and stop sign placement. (Note the wye shape of the intersection on the attached exhibit.) There is an existing stop on the north-bound leg of Tractor Pass. It is recommended that a second stop sign be installed at the intersection on Planters Pass. The TSAC voted unanimously to recommend approval of the addition of this stop sign at the March 3, 2016 meeting. Staff recommends approval. Mayor Carpenter recognized Mayor Pro-Tem Edwards who moved, seconded by Councilmember Thompson to approve Ordinance No. 16-D-06, first reading. The vote was unanimous with Mayor Pro-Tem Edwards, Councilmembers Azzoz, John and Thompson voting for and no one voting no. Motion passed. Councilmember Fowler was absent. 5. Resolution No. 16-R-32 – Consideration and/or action approving a Resolution authorizing the City Manager to sign a Contract for mutual aid between the City of Schertz and Bexar Metro 911 for access and operation of the Regional Emergency Alert Network. (D. Wait) The following was read into record: RESOLUTION NO. 16-R-32 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT FOR MUTUAL 04-12-2016 Minutes Page - 12 - AID BETWEEN THE CITY OF SCHERTZ AND BEXAR METRO 911 FOR ACCESS AND OPERATION OF THE REGIONAL EMERGENCY ALERT NETWORK; AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Executive Director Dudley Wait who stated frequently during times of emergency, it is necessary to notify citizens who are potentially at risk. One of the most efficient mechanisms for doing this is the use of an Emergency Alert Network (aka Reverse 911). Our 911 provider has had such a tool in place for over two decades and the City has utilized it on several occasions to either warn citizens of impending danger or to ask them to assist authorities during an emergency such as a lost child. Additionally, the City has also utilized another tool, Amatra, that is a web-based tool that can not only be used to notify our citizens of emergencies but also to notify them of other City related issues such as water outages and street closures. This Amatra system can also be used to recall or notify staff during times of emergency such as recalling public safety personnel during a disaster or calling non-essential employees telling them to remain at home during an ice storm. The City has struggled utilizing Amatra to its fullest potential because of privacy issues that require our citizens to consent to having their contact information placed in the Amatra system. Additionally, the Amatra program does not have an efficient mechanism of allowing our citizens to “self-enroll” thereby leading to staff having to be the point of contact. Now, in an effort to utilize the latest technology, Bexar Metro 911 has implemented a new Regional Emergency Alert Network (REAN) that not only is a very efficient “Reverse 911” but will also have the functions like Amatra that will allow the City to use it for contacting city employees as well as assisting our citizens in self-enrolling their non-land line phones. Additionally, this new REAN will allow authorized City staff to initiate the “Reverse 911” without having to go through Bexar Metro 911 thereby leading to faster and more efficient notifications. Staff recommends approval. Mayor Carpenter recognized Mayor Pro-Tem Edwards who moved, seconded by Councilmember Thompson to approve Resolution No. 16-R-32. The vote was unanimous with Mayor Pro-Tem Edwards, Councilmembers Azzoz, John and Thompson voting for and no one voting no. Motion passed. Councilmember Fowler was absent. Roll Call Vote Confirmation Mayor Carpenter recognized City Secretary Brenda Dennis who provided the roll call votes for agenda items 1-5. Requests and Announcements 6. Announcements by City Manager  Citizen Kudos  Recognition of City employee actions  New Departmental initiatives 04-12-2016 Minutes Page - 13 - No further announcements were provided. 7. Future Agenda Item Request for City Council: This is an opportunity for City Council members to request that items be placed on a future agenda. No discussion of the merits of the item may be taken at this time. Should a Council Member oppose placement of the requested item on a future agenda, the Mayor, without allowing discussion, shall ask for the consensus of the other City Council members to place or not place the item on a future agenda. Mayor Carpenter recognized Councilmember Thompson who requested that we add to the next agenda moving their retreat workshops back to Fridays, due to a higher attendance rate. Mayor Carpenter stated that we would place this on the agenda and discuss it. Mayor Carpenter recognized Mayor Pro-Tem Edwards who had a question and wanted to know if staff could answer it this evening. He stated that he was driving up by Pollo Tropical and noticed that there was no interconnectivity between the parking lots again where Pollo Tropical, Wendy’s, Whataburger, and Valero are. He stated that we had this issue once before on the corner and requested that this be looked into. Executive Director Brian James stated that he would look into the issue and get back to him. 8. 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 Thompson who commended Events Manager, Mary Spence and her team as well as the Park and Recreation team for a great Jazz & Blues in the Park event. Mayor Carpenter concurred that it was a great event with great bands. Adjournment Mayor Carpenter adjourned the meeting at 7:44 p.m. ________________________________ Michael Carpenter, Mayor ATTEST: __________________________________ Brenda Dennis, City Secretary Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: April 26, 2016 Department: Engineering Subject: Ordinance No. 16-D-06- Providing that the Code of Ordinances for the City of Schertz be amended by revising section 86-41 Stop intersections-designated. Final Reading. BACKGROUND The Traffic Safety Advisory Commission (TSAC) received a request from representatives of the Kramer Farm Home Owners’ Association (HOA) in January to investigate possible traffic calming measures within the Kramer Farm Subdivision. Staff (including Public Works, Engineering, and the Police Department) investigated, conducted a vehicle volume and speed study and is continuing to monitor traffic in the Kramer Farm Subdivision. Given the variety of issues, staff recommended a one-step-at-a-time approach to addressing identified issues in the subdivision. One particularly troublesome spot is the intersection of Tractor Pass and Planters Pass. This intersection experiences congestion during peak periods and has been observed to cause confusion due to its unusual layout and stop sign placement. (Note the wye shape of the intersection on the attached exhibit.) There is an existing stop on the north-bound leg of Tractor Pass. It is recommended that a second stop sign be installed at the intersection on Planters Pass. The TSAC voted unanimously to recommend approval of the addition of this stop sign at the March 3, 2016 meeting. City Council approved this on first reading at their meeting of April 12, 2016. Goal To ensure that stop signs on City-owned streets are up-to-date and are appropriately placed in particular areas to provide for safe and efficient travel for citizens and visitors. Community Benefit To provide for safe and efficient travel on City-owned streets for citizens and visitors as well as safe neighborhoods for residents. City Council Memorandum Page 2 Summary of Recommended Action Approval is recommended to allow for placement of the stop sign and enforcement. FISCAL IMPACT The cost to install the stop sign is $188 and will be paid out of FY 2015-16 approved budget, account number 101-359-551600, Street Maintenance. RECOMMENDATION Staff recommends approval of Ordinance 16-D-06 on the final reading. ATTACHMENTS Ordinance 16-D-06 Exhibit - Intersection of Tractor Pass and Planters Pass ORDINANCE NO. 16-D-06 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS, BE AMENDED BY REVISING SECTION 86-41, STOP INTERSECTIONS-DESIGNATED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it has been established that the intersection of Planters Pass with Tractor Pass is a three- way intersection with a single stop for north-bound traffic on Tractor Pass. WHEREAS, it is recommended to designate a stop for west-bound traffic on Planters Pass. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. THAT, Section 86-41, Stop Intersections-Designated, of the Code of Ordinances, on roadways maintained by the City of Schertz, Texas, be amended with the addition as follows: (c) Two-way stops: Through Street Cross or Stop Street Tractor Pass (south-bound) Tractor Pass (north-bound) and Planters Pass Section 2 The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3 All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4 This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5 If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6 It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7 This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 12th day of April, 2016. PASSED, APPROVED AND ADOPTED the _____ day of April, 2016. ___________________________________ Michael R. Carpenter, Mayor ATTEST: ______________________________ Brenda Dennis, City Secretary (CITY SEAL) Kramer Farm - Planters Pass Stop Sign ± 200 0 200100 Feet KRAMER FARM SUBDIVISION P la n t e r s P a s s T r a ct o r P a s s Tractor Pass Tractor P a s s ExistingStop Pro po sedStop ExistingStop Pro po sedStop P la n te r s P a s s Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: April 26, 2016 Department: City Secretary Subject: Boards, Commissions and Committee Member Resignations and Appointments BACKGROUND The City Secretary’s office has received a resignation from Mr. Howson Lau, Library Advisory Board and the Committee of Committees Advisory Board effective May 3, 2016. FISCAL IMPACT None RECOMMENDATION Staff recommends ratifying the resignation of Mr. Howson Lau of the Library Advisory Board and the Committee of Committees Advisory Board effective May 3, 2016. Staff also recommends Council move and ratify the appointment of Alternate 1 Ms. Shonale Burke to his vacant position and move Ms. Rebecca Scheffler from Alternate 2 to Alternate 1. The above recommendation was vetted to the Interview Committee who was in concurrence with staff’s recommendation. ATTACHMENTS Resignations: Mr. Howson Lau Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: April 26, 2016 Department: Development Services Subject: Ordinance No. 16-C-09 – Conduct a Public hearing and consideration and/or action approving an Ordinance amending the Schertz Code of Ordinances Chapter 18, Buildings and Building Regulations, Article 1, Inspections by Engineer of Record. First Reading (B. James) BACKGROUND Goal Staff has determined a need to revise the current building codes with regard to inspections. The current building code requires an engineer to seal some aspects of plans – foundations, wind bracing, structural elements, etc. The proposed amendment to the building code allows the engineer of record who sealed those plans to inspect that aspect of the building in-lieu-of staff. The engineer must provide advance notice and certify that it was constructed per the approved plans which they sealed. The building inspections department can require additional documentation to ensure the project was constructed per the approved plans and code. Community Benefit Improve the efficiency of the City’s permitting and inspection process. Summary of Recommended Action Staff recommends approval of the proposed change to allow the engineer of record to conduct the inspection on element of the building for which they provided sealed plans. RECOMMENDATION Approval of Ordinance 16-C-09. ATTACHMENT Ordinance No. 16-C-09     1   ORDINANCE NO. 16-C-09 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ CHAPTER 18, BUILDINGS AND BUILDING REGULATIONS, ARTICLE II INTERNATIONAL BUILDING CODE, SECTION 18-41 AMENDMENTS AND ARTICLE III INTERNATIONAL RESIDENTIAL CODE FOR ONE AND TWO FAMILY DWELLINGS, SECTION 18-61 AMENDMENTS. WHEREAS, the Texas Local Governmental Code empowers the cities to enact building codes and regulations and provide for their administration, enforcement, and amendment; and WHEREAS, the regulation of building and building construction by the City of Schertz (the “City”) is necessary to protect the public health and welfare; and WHEREAS, the City Council of the City desires to protect the safety and welfare of the citizens of the City through regulation of construction activities in the City; and WHEREAS, the City has recently updated the building codes by adopting the international codes and local amendments; and WHEREAS, City Staff has continued to evaluate the need for local amendments related to inspections requirements; and WHEREAS, the City Council has determined that local amendments with regard to inspections, as set forth herein, is in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1 Amendments. Chapter 18, “Buildings and Building Regulations”, Article II, “International Building Code”, Section 18-41, is hereby amended to add: A110.7 Inspection by Engineer of Record. The Engineer of Record may conduct required inspections in-lieu-of the building official unless precluded by State Law. Prior to issuance of a permit, the Engineer of Record must notify in writing the building official which inspections he will be conducted. The building official may require such documentation as he deems necessary, including assigned sealed letter by the Engineer of Record indicating the construction was per the approved plans and all applicable code requirements. The building official may require any additional documentation as he deems necessary and may also require notice at least 24 hours prior to the inspections.     2   Chapter 18, “Buildings and Building Regulations”, Article III, “International Residential Code for One and Two Family Dwellings”, Section 18-61, is hereby amended to add: R109.5 Inspection by Engineer of Record. The Engineer of Record may conduct required inspections in-lieu-of the building official unless precluded by State Law. Prior to issuance of a permit, the Engineer of Record must notify in writing the building official which inspections he will be conducted. The building official may require such documentation as he deems necessary, including assigned sealed letter by the Engineer of Record indicating the construction was per the approved plans and all applicable code requirements. The building official may require any additional documentation as he deems necessary and may also require notice at least 24 hours prior to the inspections. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. That all rights and privileges of the City are expressly saved as to any and all violations of the provision of any ordinances repealed by this ordinance which have accrued at the time of the effective date of this Ordinances; and, as to such accrued violation and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 26th day of April, 2016. PASSED, APPROVED and ADOPTED ON SECOND READING, the 3rd day of May, 2016. CITY OF SCHERTZ, TEXAS     3   ___________________________________________ Mayor, Michael R. Carpenter ATTEST: _____________________________________ City Secretary, Brenda Dennis (CITY SEAL) Council Update Item 8 CITY COUNCIL MEMORANDUM City Council Meeting: April 26, 2015 Department: Planning & Community Development, Bryce Cox Subject: Interconnectivity for Pollo Tropical with Surrounding Businesses Background: Mayor Pro-Tem Edwards inquired about the inter connectivity between the new Pollo Tropical restaurant, Wendy's restaurant, Whataburger restaurant and Valero gas station at the April 12, 2016 City Council meeting. Update: The Pollo Tropical site (17605 IH-35) consists of two properties, the main lot at 17605 IH-35N which contains the building and parking as well as a back lot at 5560 FM 3009 which contains a small parking area and an access lane connecting Pollo Tropical to the Wal-Mart Supercenter parking lot. There is an existing access easement which provides for interconnectivity between the Whataburger, retail strip center, and Wal-Mart parking lot. The Pollo Tropical site is tying into this existing interconnectivity network with their access lane. The Wendy’s site was developed before the establishment of the cross access easements on the adjacent sites and thus the Wendy’s parking lot does not currently provide access to the adjacent sites. The retail center strip center and the back parking lot of Pollo Tropical do provide cross access up to the Wendy’s property line. There is no curb at the back of the Wendy’s parking lot and people have been driving over the broken pavement and dirt. There is no interconnectivity between Pollo Tropical and the Valero gas station on the corner of the IH-35 and FM 3009. The Valero Gas Station is an existing development with no cross connection stub outs to the Pollo Tropical lot. It was determined that cross access between the Valero to the Pollo Tropical sites was not practical due to the existing developed features, large green space area, and lack of an existing cross access stub on the Valero site. Attached is an exhibit illustrating the interconnectivity between the Pollo Tropical Site and the surrounding developments. Attachments- Pollo Tropical Cross Access Aerial Diagram City Council Memorandum Page 2 Pollo Tropical Cross Access Aerial Diagram