08-13-2013 MinutesMINUTES
REGULAR MEETING
August 13, 2013
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on August
13, 2013, at 6:00 p.m., in the Hal Baldwin Municipal Complex Council Chambexs, 1400 Schertz
Parkway, Building #4, Schertz, Texas. The following members present to-wit:
Mayor Michael Carpenter
Councihnember David Scagliola
Councilmember Sydney Verinder
Mayor Pro-Tem Jim Fowler
Councihnember Cedric Edwards
Staff Present:
Executive Director David Harris
Executive Director Brian James
City Attorney Katherine Tapley
Deputy City Secretary Donna Schmoekel
Councihnember George Antuna was absent.
CALL TO ORDER:
City Manager John Kessel
Executive Director John Bierschwale
Chief of Staff Bab Cantu
City Secretary Brenda Dennis
Mayor Carpenter called the Regular Meeting to oxder at 6:00 p.m.
INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED
STATES AND THE STATE OF TEXAS.
Minister Chris Schaefer, Randolph Church of Christ, Universal City provided the invocation, followed by
the Pledges of Allegiance to the Flags of the United States and the State of Texas.
Mayor Carpenter requested a moment of silence xegarding the recent passing of Senior Utility Billing
Clerk Jo Ann Ferguson.
City Events and Announcements
• Announcements of upcoming City Events {D. Harris/J. BierschwaleB. James)
Mayor Carpenter recognized Executive Director of Support David Harris who provided the
following announcements of upcoming events:
• Friday, August 16, 2013 - 6:00 p.m. to 11:00 p.m. Schertz Area Senior Center Gala Dinner
and Dance, Schertz Civic Center.
• Monday, August 19, 2013 - 9:00 a.m. to 11:00 a.m. West, Texas Response and Investigation
Presentation, Civic Center Bluebonnet Hall.
• Monday, August 19, 2013 - 6:45 p.m. Toastmasters Meeting - "Beat the fear of public
speaking" Hosted by the Schertz Chamber of Commerce, Comfort hu1 and Suites -- 5571 II3
3 5 North.
• Tuesday, August 20, 2013 - 11:30 a.m. Schertz Chamber of Commerce Luncheon, Schertz
Civic Centex.
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• Announcements and recognitions by City Manager (J. Kessel)
Mayor Carpenter recognized City Manager John Kessel who mentioned the passing of Senior
Billing Clerk, Jo Ann Ferguson, and eartended his condolences and prayers to the family.
Mr. Kessel shared an email from Fleet Maintenance Supervisor Jon Harshman thanking the EMS
Department regarding help and delivery of vehicles, as well as an email back from the EMS
Department back to fleet.
Hearin 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 spec fc
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 oj~cer, during the
Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak
in the order they have registered.
Mayor Carpenter recognized the following who spoke:
• Student Torin Hicks, of Kung Jung Mu Sul who provided information on their upcoming
August events, inviting the Council to attend.
• Mr. Don Taylor, 2436 Tree Branch, who spoke in opposition of item 2 and item 7.
• Mr. Grumpy Azzoz, 528 Wayward Pass, who spoke in opposition of item 7. Mr. Azzoz
expressed his concern regarding item 2, and cautioned the city in giving an open check book.
• Mr. Louis Rojas, 2916 Cottonwood Drive, who spoke requesting an ordinance be passed
regulating the up keep and standards on the exteriors of businesses. He also spoke in
opposition of item 7.
Workshop
• Presentation and discussion of the FY 2013-14 Proposed Budget. (J. Kessell J. Walters)
Mayor Carpenter recognized Budget & Finance Analyst James Walters who provided a Power
Point presentation regarding the proposed FY 2013-14 budget, noting that this is also afive-year
budget projection, and answered questions from Council. The following information was
included:
FY 2013-14 Proposed Eud~et
Budget Goals:
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^ Balanced Structurally
^ Conservative and Responsible
^ Follows Financial Policies
^ Maintains Current Service Levels
^ Focuses on Priorities
All Funds -Revenues:
General Fund $23,125,022
Special Events Fund 147,100
PEG Fund 361,500
Water & Sewer Fund 19,153,029
EMS Fund 7,359,681
Drainage Fund 1,042,700
Hotel Tax 508,288
Park Fund 154,300
Tree Mitigation 139,525
Capital Recovery 2,895,869
T&S Fund 5,705,230
Historical Committee 5,650
Parks &Rec Foundation 293,850
SEDC 3,105,211
Grand Tota[ $63,992,955
All Funds -Expenses:
Administrative $5,390,018
Genera! Fund 17,228,579
Specia! Events Fund 147,100
PEG Fund 361,500
Water & Sewer Fund 19,015,038
EMS Fund 6,833,405
Drainage Fund 1,039,006
Hotel Tax 508,288
Park Fund 40,004
Tree Mitigation 139,525
Capital Recovery 2,326,109
I&S Fund 5,546,775
Historical Committee 5,650
Parks &Rec Foundation 275,250
SEDC 3,074,554
Grand Total $61,980,797
Budget Highlights:
^ Elevated Water Tank Construction
^ Master Communication Plan Phase 1
^ Council Chamber Improvements
^ New Vacuum & Router Truck for Public Warks
^ Northcliffe Waterline Replacement
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Tax Rate Proposals
Tag Rate Current Preliminary Tax Rate Alternative
M&O $0.2993 $0.3035 $0.3010
I&S $0.2006 0.1964 0.1964
Total $0.4999 $0.4999 $0.4974
M&Olmpact $0 $103,740 $41,990
General Fund:
Revenues $ 23,125,022
Expenditures $ 22,618,597
Increase of Fund Balance $ 506,425
Beginning Fund Balance $ 3,976,709
Ending Fund Balance $ 4,483,134
25% Requirement Policy $ S, 637, I49
New Programs:
$ 125,000 -Merit Program
$ 47,000 Computer Technician
$ 14,000 Part-time Anvnal Adoption Facility Technician
$ 45,000 New Animal Adoption Center Operations
$ 231,000 Total New Programs
General Fund Capital Purchases:
• Replace Vehicle for Marshal Services
• Purchase of 2 Vehicles for Streets (reimbursed by Water)
• Council Chamber Improvements (reimbursed by court security, court technology, and hotel
tax restricted funds)
• New Email Server and Set up
• Increase the amount of Desktop replacements
Mr. James provided detailed budget information on all the City Departments and all City Funds.
(Copy of presentation can be found on the City's website).
Lastly, Mr. James provided the following information regarding the FY 2013-14 budget calendar:
July 31 File with City Secretary
August 6 Budget workshop, vote to place preliminary tax rate on agenda,
arid schedule public hearings
August 15 First Community Budget Presentation - Schertz United Methodist
Church, 6:00 p.m.
August 20 First Public Hearing
August 21 Second Community Budget Presentation -Hal Baldwin Municipal Complex -
Council Chambers at 6:00 p.m.
August 27 Second Public Hearing and First Vote
September 3 Second Vote and Adoption
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October 1 Budget goes into effect
Mr. James stated that the budget presentations and the proposed budget can be found on the City's
website.
• Discussion andlar action regarding. the City Council Rules of Procedure, Code of Conduct
and City Charter (Mayor and Council}
Mayor Carpenter stated that the Council will hold off on this item and moved to the consent and
discussion items.
Mayor Carpenter recognized Councilmember Verinder who requested item 1 be removed from
consent, and also recognized Councihnember ScaglioIa who requested item 2 be removed,
Discussion and Action Items
1. Minutes -Consideration and/or action regarding the approval of the minutes of the Regular
Meeting of August b, 2013. (J. KesseUB. Dennis}
Mayor Carpenter recognized Councilmember Scagliola, who moved, seconded by Mayor
Pro-Tem Fowler, to approve item 1, minutes from the regular meeting of August 6, 2013.
The vote was 3-0-Y with Mayor Pro-Tem Fowler, Cauncilmembers Scagliota and Edwards
voting yes, no one voting no, and Councilmember Yerinder abstaining, Councilmember
Antuna was absent Motion Carried.
2. .Resolution No. 13-R-G5 -Consideration andlor action approving a Resolution authorizing
contracts totaling no more than $100,000 with Robert's Concrete Construction, LLC for labar
and related materials for various separate and unrelated concrete related projects during the
2012-2013 fiscal year and other matters in connection therewith. (J. BierschwalelS,
Willoughby)
The following was read into record:
RESOLUTION NO. 13-R 65
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING CONTRACTS TOTALING NO MORE THAN $100,000 WITH
ROBERT'S CONCRETE CONSTRUCTION, LLC FOR LABOR AND RELATED
MATERIALS FOR VARIOUS SEPARATE AND UNRELATED CONCRETE
RELATED PROJECTS DURING THE 2012-2013 FISCAL YEAR AND OTHER
MATTERS IN CONNECTION THEREWITH
Mayox Carpenter recognized Councilmember Scagliola who stated that the City Manager has
a $50,000 cap for approving contracts before he needs to bring them to City Council, this
particular resolution does not change that policy. In fact this resolution.is necessary because
the policy has not been changed, yes or no? City Manager John Kessel answered yes.
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Mayor Carpenter recognized Counciltnember Scagliola, who moved to approve Resolution
No. 13-R-65; Mayor Pro-Tem Fowler seconded the motion for discussion.
Mayor Carpenter recognized Councihnember Edwards who provided his commentary stating
last year the Council gave the City Manager and/or his designee the ability to go up to $50,
000 on contracts and that this contract is for $100,000.
City Manager John Kessel stated that this is a series of small unrelated contracts by the same
contractor. He stated that the City is approaching the $50,000 mark cumulatively with this
contractor. This contractor does work occasionally for the Public Works and Parks
Department and once we hit that $50,000 mark, the City Manager will not sign anymore
individual contracts in excess of the $50,000 in one fiscal year. He stated Robert's Concrete
has a reputation of consistently providing a quality job for a low price compared to other
local contractors. The various contracts between the City and Robert's Concrete have been
related to work for the City's Public Works Department, as well as for other departments of
the City.
Mayor Carpenter recognized City Attorney Katherine Tapley who added additional
information stating the purchasing policy allows the City Manager to approve individual
contracts under $50,000 without coming to Council. She stated the reason the resolution is
on the agenda this evening is for transparency and for disclosure purposes. She stated that
there are specific projects coming up within the next few months that this vendor has come in
as the low bidder, if you add up all the small and unrelated contracts, this would put this
contractor over the $50,000 mark.
After further discussion and clarification from Public Works Director Sam Willoughby and
Executive Director of Operations John Bierschwale, Mayor Carpenter stated that a motion
has been made by Councilmember Scagliola and seconded by Mayor Pro-Tem Fowler, to
approve Resolution No. 13-R-65. Mayor Carpenter called for the vote, The vote was
unanimous with Mayor Pro-Tem Fowler, Councilmem6ers Scagliola, Edwards and
Verinder voting yes, and no one vofing no. Councilmember Antuna was absent Motion
Carried.
3. Ordinance No. 13-E-29-- Consideration and/or action approving an Ordinance calling an
Election to be held an November S, 2013 for the purpose of electing Councilmembers for Place
3, Place 4 and Place 5 for said City; making provision for the conduct of the Election;
authorizing contracts with the Elections Administrators of Bexar, Comal, and Guadalupe
Counties to conduct this Election; authorizing the Election to be held as a Joint Election;
resolving other matters incident and related to such Election; and declaring an effective date.
First Reading {J. KessellB. Dennis)
The following was read into record:
ORDINANCE N0.13-E-29
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS,
CALLING AN ELECTION TO BE HELD ON NOVEMBER 5, 2U13 FOR THE
PURPOSE OF ELECTING COUNCILMEMBER$ FOR PLACE 3, PLACE 4 AND ~
PLACE 5 FOR SAID CITY; NiAHING PROVISION FOR THE CONDUCT OF THE
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ELECTION; AUTHORIZING CONTRACTS WITH THE ELECTIONS
ADMINISTRATORS- OF BEXAR, COMAL, AND GUADALUPE COUNTIES TO
CONDUCT THIS ELECTION;.AUTHORIZING THE ELECTION TO BE HELD AS
A JOINT ELECTION; RESOLVING OTHER MATTERS INCIDENT AND
RELATED TO SUCH ELECTION; AND DECLARING AN EFFECTIVE DATE
Mayor Carpenter recognized City Secretary Brenda Dennis and Deputy City Secretary
Donna Schmoekel who provided a brief Power Point regarding the upcoming November 5,
2013 Joint General Election. Ms. Dennis stated since Schertz voters changed the City's
General Election from May to November in November 2012, the City Secretary's office has
been working with the Elections Administrators of Guadalupe, Comal and Bexar counties to
prepare for the November 2013 elections. Other cities, counties, districts, state and federal
elections will be held that day as well. We have discussed placing Schertz on election ballots
in each of the three counties thereby reducing voter confusion as to where to vote for Early
Voting and on Election Day. Tonight's action will authorize staff to finalize agreements with
Bexar, Comal, and Guadalupe counties and their respective Election Administrators to
conduct the City election.
It is recommended Council approve Ordinance No. 13-E-29 calling the November 5, 2013
City of Schertz General Election and approving contracts with the Elections Administrators
of Comal County, Guadalupe County, and Bexar County to conduct the election.
Mayor Carpenter recognized Councilmember Scagliola, who moved, seconded by
Councilmember Edwards, to approve Ordinance Na. 13-E-29 an first reading. The vote was
unanimous with Mayor Pro-Tem Fowler, Councilmembers Scagliola, Edwards and
Verinder voting yes, and no one voting no. Councilmember Antuna was absent, Marion
Carried.
4. Ordinance No. 13-D-25 -Consideration and/or action approving an Ordinance amending
the City of Schertz Code of Ordinance by revising Article V, Section 86-149 Parking
Prohibited on roadways maintained by the City of Schertz; and providing an effective date.
First Reading {B. James/L. Busch)
The following was read into record:
ORDINANCE N0.13-D-25
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 ARTICLE V, SECTION 86-149 PARKING
PROHIBITED ON ROADWAYS MAINTAINED BY THE CITY OF
SCHERTZ; AND PROVIDING AN EFFECTIVE DATE.
Mayor Carpenter recognized Executive Director of Development Brian James who
introduced this item stating certain residents from the Greenshire Subdivision presented a
concern to staff regarding parking around the island in the cul-de-sac of Hickory Lane. The
issue had been affecting certain residents who reside in the cul-de-sac for some time;
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however, they brought it to our attention because an emergency vehicle could not make it to
a house in the cul-de-sac due to the cars that were parked around the island. At the Traffic
Safety Advisory Commission meeting on August 1, 2013, the Commission discussed the
recommendation from staff to prohibit parking in certain areas in the cul-de-sac. Concerns
from residents were heard and the Commission unaiumously voted to recommend that City
Council amend the Code of Ordinances, Article V, Section 86-149 Parking Prohibited by
including the island and cul-de-sac area on Hickory Lane in the Greenshire Subdivision. Mr.
James stated staff recommends approval.
Mayor Carpenter recognized Councilmembers Edwards and Scagliola who addressed
concerns for just looking at this one cul-de-sac in the neighborhood. Councilmember
Edwards asked if it would be appropriate to postpone this item to include other streets within
the neighborhood. Mayor Carpenter stated that procedurally yes the Council can postpone
action.
Mayor Carpenter recognized Mayor Pro-Tem howler who stated that he would not have a
problem passing this Ordinance but he would request that staff do an analysis to look at the
other streets.
After a lengthy discussion, Council requested that this item be postponed until staff could get
with the residents and the Homeowners Association. Mr. James stated that staff will work
with the neighborhood, and talk to the Homeowners Association to address other parking
concerns on other streets. He stated that his will take some time to accomplish, but would
get back to Council. He stated that there was an incident on this particular street; it is staffs
recommendation to approve this and see how it works for the other streets. Mr. James
indicated that this could be a test case, and if it doesn't work, then staff will come back with
another recommendation to resolve the issue.
Mayor Carpenter recognized Councilmember Scagliola, who moved, seconded by Mayor
Pro-Tem howler, to approve Ordinance No. 13-D-25 on first reading. The vote was 2-I-I
with Mayar Pro-Tem Fowler and Councilmember Scagliola voting yes, Councilmember
Verinder voting no, and Councilmember Edwards abstaining. Councilmember Antuna
was absent Motion Failed.
Mayor Carpenter recognized Councilmember Scagliola who requested that this item be
looked at further and placed on the agenda next week.
5. Resolution No. 13-R-55 -Consideration andlor action approving a Resolution authorizing a
contract with D&D Construction relating to the reconstruction of Ware Seguin Road and
Lower Seguin Road and authorizing the budget estimates for both projects and other matters
in connection therewith. (B. JameslL. Busch)
The following was read into record:
RESOLUTION NO. 13-R-55
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A CONTRACT WITH D&D CONSTRUCTION RELATING TO ~
THE RECONSTRUCTION OF WARE SEGUIN ROAD AND LOWER SEGUIN
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ROAD AND AUTHORIZING THE BUDGET ESTIMATES FOR BOTH PROJECTS
AND OTHER MATTERS IN CONNECTION THEREWITH
Mayor Carpenter recognized Executive Director of Development Brian James who
introduced this item stating the total cost for the Ware Seguin Road and Lower Seguin Road
projects is $1,028,900, including contingency. D&D Contractor's portion of the two projects
is $520,735.90, with a not to exceed amount of $573,550 and the City of Schertz's portion of
the two projects is $455,350. This original Council Memorandum incorrectly indicated that
the City of Schertz's portion was $508,164.10.
Mr. James stated this item is to accept the bid from D&D Construction to complete the
reconstruction of Ware Seguin and Lower Seguin Road in the amount of $520,735.90, with a
not to exceed amount of $573,550 and approve project expenditures not to exceed $487,500
for Ware Seguin Road and not to exceed $541,400 for Lower Seguin Road.
Mayor Carpenter recognized Councilmember Scagliola, who moved, seconded by
Councilmember Edwards, to approve Resolution No. 13-R-55 for an expenditure of
$1,028,900. The vote was unanimous with Mayor Pro-Tem Fowler and Councilmembers
Scagliola, Edwards, and Yerinder eating yes, no one voting no. Councilmember Antuna
was absent. Mofian Passed.
6. Ordinance No. 13-F-26 - Conduct a Public Hearing and consideration and/or actiori
PH approving an Ordinance amending the City's Drought Contingency Ordinance by adding
Section XL2: Single-Pass Coaling System Connections and Non-Recrrculattng Systems
~ Prohibited; establishing penalties for the violation of and provisions for enforcement of these
restrictions; establishing procedures for granting variances; and providing severability and an
effective date First Reading (J. Bierschwale/J. Hooks)
The following was read into record:
ORDINANCE N0.13-F-26
AN ORDINANCE OF THE CITY OF SCHERTZ, TEXAS, AMENDING THE CITY'S
DROUGHT CONTINGENCY ORDINANCE BY ADDING SECTION XL2: SINGLE-
PASS COOLING SYSTEM CONNECTIONS AND NON-RECIRCULATING
SYSTEMS PROHIBITED; ESTABLISHING PENALTIES FOR THE VIOLATION
OF AND PROVISIONS FOR ENFORCEMENT OF THESE RESTRICTIONS;
ESTABLISHING PROCEDURES FOR GRANTING VARIANCES; AND
PROVIDING SEVERABILITY AND AN EFFECTIVE DATE.
Mayor Carpenter recognized Assistant Public Works Director Jimmy Hooks who introduced
this item stating the Edwards Aquifer Authority notified the Public Works Department in
February that the City's current Conservation Plan did not meet the new Best Management
Practices to encourage water conservation and reuse. Specifcally, we need to prohibit 1)
new single-pass coaling system connections and 2} non-recirculating commercial laundry
systems. Staff is also adding a requiremen# that automated car wash facilities implement
recycle technologies.
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Even though the City does not use its Edwards well except in the case of emergencies, the
City does follow the Edwards' Best Management Practices for use in our water system's
Conservation Plan.
Tonight, Council will receive a briefing from Council, conduct a public hearing, and consider
approval on First Reading of Ordinance 13-F-26, amending the City's Drought Contingency
Ordinance by adding a new reflecting the above changes. Staff recommends approval of
First Reading.
Mayor Carpenter opened the public hearing and, as no one spoke, closed the public hearing,
Mayor Carpenter recognized Councilmember Edwards, ~ who moved, seconded by
Counciltnember Verinder, to approve Ordinance No. 13-F-26 first and final reading.. The
vote was unanimous with Mayor Pro-Tem Fowler, Councilmembers Scagliola, Edwards,
and Yerinder voting yes, no one voting no. Councilmember Antuna was absent Motion
PasserZ
7. Resolution No. 13-R-65 -Consideration andlor action approving a Resolution authorizing a
Definitive Interiocal Agreement with Schertz-Cibolo-Universal City Independent School
District (SCUCISD) regarding a $1,650,000.00 contribution by SCUCISD to the City for the
Natatorium project in exchange for a fifteen year xent free lease (for a specified amount of
usage) of the facility to SCUCISD, provided that the City and SCUCISD are able to reach
final agreement on (1) the specific terms of the lease including the number of hours and
usage allowed and (2) the specific improvements that the City will make to the Natatorium
facility in order for the facility to be suitable for use by SCUCISD's Swim Teams, and other
matters in connection therewith. {B. James/K. Tapley)
Mayor Carpenter recognized Executive Director of Development Brian James who
introduced this item stating far some time, City staff has been working with the Schertz-
Cibolo-Universal City Independent School District (SCUCISD) about partnering on the
future Schertz Natatorium. In November 2010, residents of Schertz approved general
obligation bonds in the amount of $6,625,000 to construct a new playscape and construct an
aquatic facility of competition quality. Staff has been going through preliminary design
phases. One of the things they heard from citizens is that the City was going to build a 50
meter pool. The design that was developed will not allow fora 50 meter pool; there is not
enough space. The City has space fora 25 meter pool with all that goes with it and the
associated parking. In discussing the plan we found out that we didn't have near enough
money to do the operation and maintenance.
In an attempt to maximize the benefit to our residents, discussions began with SCUCISD
about partnering on the facility. Given that SCUCISD does not currently have a pool facility,
the Schertz Natatorium could be used by their high school swim teams.
Prior to incurring additional costs associated with design, staff is seeking Council approval of
a resolution authorizing the City to enter into an interlocal agreement with SCUCISD. The
resolution indicates SCUCISD would contribute $1,650,000 to the project in order for the
facility to be suitable for SCUCISD use. SCUCISD in exchange would be given a fifteen 4
year rent free lease.
OS-13-2013 Minutes Page - 10 -
Mr. James stated City Staff will continue to work with SCUCISD to finalize specific terms of
the lease and identify the specif c improvements to be made to the facility. The definitive
agreement must be brought back to City Council for approval once these terms have been
fmalized.
Mr. James stated that with approval of this Resolution, the City can anticipate an additional
$1,650,000 far the natatorium project, provided specific terms can be agreed upon. The City
would be obligated per those terms to provide improvements to the facility so as to ensure the
facility is suitable for use by the SCUCISD and provide the SCUCISD with 15 years use of the
facility rent free. As the project proceeds and construction and operating costs are refined, staff
may recommend reserving a portion of these funds to cover operating and maintenance casts
during that term.
Mayor Carpenter recognized City Attorney Katherine Tapley who stated that in addition to the
Resolution stating that we will enter into the agreement if we are be able to reach the
agreement on the two points, it does specifically say that the fmal agreement will be brought
back to Council. She stated you're not giving a blanket authorization to staff to fmalize the
agreement without coming back. This is an authorization to proceed with negotiations and to
start spending money on the design in order to work out the final items.
Mayor Carpenter recognized Mayor Pro-Tern Fowler who asked if the YMCA was also
interested in this project. Mr. James stated that the YMCA currently operates our other pools
and our Recreation Center, and it makes sense to also talk with them. Mr. James stated there is
a lotto work out before the City gets the YMCA involved.
Mayor Carpenter recognized Councilmember Scagliola who addressed his concern if we were
boxing ourselves into a corner to have a competition pool that is only qualified to be a
competition pool rather than having a water aerobicdlaving fun community pool. Mr. James
addressed Councilmember Scagliola by stating that you limit yourself to building a
competition pool vs. building other types and provided examples and specifications on the
different types of pools. Mr. James stated that they will continue to brainstorm ideas to
maximize the use of the pool for as many things as possible. Mr. James spoke about the soil
and excavating requirements for the different types of pools.
Mayor Carpenter recognized Councilmember Edwards who asked did the literature during the
bonds state that we must build a competition pool. In answer to Councilmember Edwards
question, Mayor Carpenter read the information that was recommended and published by Blue
Ribbon Committee. "Proposition 1 ~ The issuance of $6.625 million in General Obligation
Bonds far designing, constructing, and equipping a new enclosed community swimming pool
and aquatic facility of competition quality and relocation, construction, and improvements to
Schertz Playscape in connection with the new swimming pool and aquatic facility, If voters
approve this initiative, the increase in taxes for a home valued at $100,000 is: $22.31 annually
or $1.86 monthly. Property taxes are based on the value of your property." This was the first
thing that was published that mentioned a competition pool,
Mayor Carpenter stated that the newspaper didn't get it quite right; the newspaper said "khat
the committee has met several times drawing up a survey to determine if residents would
- support a bond issue and if so what projects the public might support. The article goes on to
say that most of the projects on the survey which were filled out by 356 residents in June. The
08-13-2013 Minutes ~ Page - ~ ~ -
propositions which will be on the ballot are proposition 1: $6,625,000 for the construction of
an enclosed Olympic size competition pool and aquatic facility to be built next to the City's
Recreation Center and Playscape improvements." Mayor Carpenter stated that was the
newspaper camrnentary, in fact the Blue Ribbon Committee talked about a competition pool,
and these was another publication from them that talked specif caliy about an 8-lane
competition pool.
Mayor Carpenter read the following which was placed on the ballot. "The issuance of
$6,625,000 of the City of Schertz, Texas, General Obligation Bonds for designing,
constructing, and equipping a new enclosed community swimming pool and aquatic facility of
competition quality, relocating, constructing, and improving the existing Schertz Playscape in
connection with the new swimming pool and aquatic center, and the acquisition of any
necessary real property therefore."
Mayor Carpenter provided further comments regarding the requirements of a competition pool.
He stated what they are trying to do is find a way to have a pool to serve both purposes. Mx.
James concurred.
Mayor Carpenter recognized Councilmember Scagliola who asked Mr. James could the City
get the competition quality pool with the $6.6 million. Mr. Jaynes stated that the City has $S.5
million fox building and construction of the natatorium and he believes they can build it for
that, but if the information comes in beyond this, he will be coming back to Council. Mr.
Scagliola stated with the input of the school districts funds we can get our competition quality
and benefits of a community pool. Mr. James concurred. Councilmember Scagliola stated he
is all for collaboration and partnerships. He stated he does not have a problem with (1} the
specific terms of the lease including the number of hours and usage allowed, but he does have
a problem with (2) the specific improvements that the City will make to the Natatorium in
order for the facility to be suitable for use by SCUCISD's swim teams. He was concerned with
mandates from the State in regarding competition swimming pools. Mr. James explained that
should these mandates come from the State to the school district, our response would be the
City does not have the money to accomplish this, and the school district says they can't use the
gaol, then we all are out of the deal and we do not reach agreement. He stated the school
doesn't get to tell us how to design it, they get to say at the end of the day, let me see your
designs and let me see what is going into it and if it doesn't work-for them, then we all have the
ability to pull out of the agreement. Councihnembex Scagliola expressed his concern on the I S
year free rent which was also included in the agreement.
Mayor Carpenter recognized City Attorney Katherine Tapley wha stated the two open items on
the agreement, the specific terms of the Lease and the improvements to make is suitable for the
swim team,. are items the City would be coming to agreement on before we enter into the
Interlocal agreement. She stated all these changes would be made during the initial design of
the pool. She stated that when we get to where the parties have or have not reached an
agreement on things like adding starting blocks, or score boards, that would be when we come
back to City Council and say these are the specific items that the city is going to incorporate
into that design in order to work with the swim team, and these are the specific terms of the
lease, and the School district is going to give the $1,650,000.00 and there wouldn't be an
obligation over the next 15 years to bring the pool up to any specifications. All these items
would be specif ed before the final agreement has been reached.
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Councilmember Scagliola also expressed concern regarding the operations and maintenance
costs associated with the pool. Mr. James addressed Councilmember Scagliola concerns
stating that part of the $1,650,000.00 provided by the school district will be set aside for these
costs and understands that if the money that is set aside for the operations and maintenance of
the pool is not adequate, then the city does not have an agreement. The numbers have to work
for the City in order to accomplish the agreement. Mr. James stated that all of Councihnember
Scagliola concerns will all be in that fmal agreement. Councilmember Scagliola again stated
that he is all for entering into a partnership, and all for collaboration but it has to be an an equal
footing. He doesn't want the residents of the City footing the bill. Councilmember Scagliola
also addressed the issue if the City has the competency of running the swimming pool and he
spoke on the partnership possibility with YMCA. Again, Mr. James addressed those issues.
Mayor Carpenter recognized Councihnember Edwards who stated he agrees with partnerships,
but has a problem with the amount that the school district is willing to contribute. He stated
that he believes the Council needs to wait. Councilmember Edwards stated his concerns and
reservations. He stated that it is very difficult for him to go forward without having the final
numbers.
He asked for information on what the process would be for dealing with the bonds if they
decided not to move forward with the natatorium because they can't build it for the amount
that was proposed on the proposition. City Attorney Katherine Tapley stated that she would go
back and look at the bond sales and come back to Council with the details.
Mayor Carpenter recognized Councilmember Verinder who addressed questions regarding the
15 year rent free clause, and who put that into the agreement. Mr. Jarnes stated that the school
distxict was the one that indicated the 15 years, but that came as a result of negotiations back
and forth with them and the City. Mr. James provided further information addressing
Councilmember Verinder's concerns. Councilmember Verinder stated that he wants to make it
clear that the citizens of Schertz 100% own the project no matter what negotiations come out.
Councilmember Verinder's second point was directed to the City Attorney regarding the
language of "defuutive Tnterlocal agreement" and what does that mean. City Attorney
Katherine Tapley stated that this would be an agreement that will be brought back to Council
to approve. That agreement will have all of the specific terms spelled out in it, such as specif c
periods of time the School District could use the facility and the design parameters that the
facility will be built with. This resolution is binding to you in that you are saying we will enter
into an agreement to take the $1,650,000.00 if we have reached terms that we are comfortable
with. This.resolution is binding only to the extent that the City Council approves the terms of
the agreement. When the agreement comes back to Council and you are not in agreement with
the terms then you are not under obligation to enter into the agreement.
Mayor Carpenter stated that it is not without precedence that we work with another political
subdivision, citing examples of the agreement years ago with the City of Seguin going after
water together. There were a number of conversations similar to the ones staff has been having
with the School District regarding the natatorium project. Mayor Carpenter stated that what we
are doing here this evening is the same type of exercise. We don't have to decide today, we
can hold our hand until we see what the School District does on Thursday. What we are
deciding at this point is whether or not we are close enough in what has been discussed up to
' this point to pursue the possibility of getting into an Interlocal agreement with another political
subdivision. Mayor Carpenter suggested {1) if we do not like the way this looks post pone it
OS-13-2013 Minutes Page -13 -
and wait to see what the School District does on Thursday, but be aware that your lack of
action may have an impact on how that political body will look at their move. Exercise
patience, don't shut this down tonight, and keep our options open. It is the expectations of our
tax payers to keep our options open. We have done a lot of work and determined that not only
did the bond language have both the words competition and community ~on the bond election
ballot, but also in the information that was presented to the public. If we can fmd a way to
fiilfill both those needs, let's keep our options open. That is in his mind the full intent of the
bond language.
Second is, if you will remember last week, we had charts put up during our budget hearings,
the one constant that you saw on the bar graph was that the bulk of the taxes paid by the
residents of the City of Schertz are to school districts. Wouldn't it be interesting if the City of
Schertz could come to a mutually beneficial agreement with the School District where we got
some of those monies that we put in back into a project that belongs to us? If we don't get any
of the dollars, the School District goes elsewhere. Mayor Carpenter continued his commentary
requesting Council either take no action, restructure it, ar say that you would like to see a
resolution next week that says $1,650,000.00 contribution, nothing else. Or one that has no
dollar amount and has no terms in it other than we are willing to have negotiations and
discussions with the School District. Killing it today is premature.
Mayor and Council continued their discussion expressing their comments. Mayor Carpenter
recognized Councilmember Edwards who suggested that the elected officials get together with
the School District officials. Mayor Carpenter suggested that Council postpone this item and
put an item on the agenda next week for consideration and discussion, allowing our staff to go
to the School District to request these meetings. Council concurred.
Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Mayor Pro-
Tem Fowler to postpone this item until next week. The vote was unanimous with Mayor
Pro-Tem Fowler, Councilmembers Scagliola, Edwards, and Yerinder voting yes, no one
voting no. Councilmember Antuna was absent. Motion Passed
Mayor Carpenter stated that it is one of the most exciting time that he has had on Council that we had
an item we had before us that we could have said yes, let's go with that, or would could have said no.
Instead this Council has come up with a solution that hasn't been done before, let's go meet with the
School District. Mayor Carpenter commended each Councilmember.
Roll Call Vote Confirmation
Mayor Carpenter recognized City Secretary Brenda Dennis who- recapped the votes for the agenda
items 1 through 7.
Mayor Carpenter moved to the Executive Session section of the agenda and recessed the regular
meeting into executive session at 9:18 p.m.
Executive Session
Called under:
08-13-2413 Minutes Page - 14 -
Section 551.071 Texas Government Code Deliberation regarding litigation, pending or
contemplated litigation;
Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange,
sale, Iease, or value of real property, or real estate;
Section 551.074 Texas Government Code -Deliberation regarding personnel matters, policies,
duties, employment, and evaluation of certain public officials and employees;
Section 551.087 Texas Government Code -Deliberation regarding Economic Development
Negotiations.
Reconvene into Re ular Session
Mayor Carpenter reconvened into regular session at 10:05 p.m.
12. Take any action deemed necessary as a result of the Executive Session.
No action taken.
Mayor Carpenter moved back to the Workshop section of the agenda.
Workshop
• Discussion andlor action regarding the City Council Rules of Procedure, Code of Conduct
and City Charter (Mayor and Council}
Mayor Carpenter stated that this item will be taken up at a later time.
Re nests and Announcements
8. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
No further announcements provided.
9. Requests by Mayor and Councilmembers that items be placed on a future City Council
agenda.
Na items requested.
10. Requests by Mayor and Councilmembers to City Manager and Staff for information.
No information requested.
11. Announcements by Mayor and Councilmembers
08-13-2013 Minutes Page - js -
• 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
• Upcoming City Council agenda items
Mayor Carpenter recognized Councilmember Scagliola who stated he attended a meeting in
New Braunfels with Senator Donna Campbell, the Mayors of Selma, Garden Ridge and staff
membexs. Some topics of discussion included: support fox Lookout Road, issues regarding
water rights, and Internet sales tax. He stated that Senator Campbell is willing to enter into
conversations with us.
Mayor Carpenter recognized Councihnember Verinder who thanked everyone for the
condolences on the passing of his wife's father last week.
Mayor Carpenter stated that the Guadalupe County Mayor's Association met last month and
at this meeting they passed a resolution opposing the landfill that could threaten our water
source. Mayor Carpenter stated that during this meeting, all but one Mayor had signed. This
week the resolution has been unanimously signed by all the Guadalupe Mayors and has been
forwarded. This is a strong statement regionally and a great start to county wide participation
from municipalities.
Adaournment
As there was no further business, the meeting was adjourned at 10• p.m
Michael R. Carpenter, Mayor
ecretary, Brenda Dennis
08-13-2013 Minutes Page - l6 -