09-17-2013 MinutesNHNUTES
SPECIAL JOINT & REGULAR MEETING
September I7, 20].3
A Special Joint Meeting with the Transportation Safety Advisory Commission and a Regular
Meeting was held by the Schertz City Council of the City of Schertz, Texas, on September 17, 2013,
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 R. Carpenter
Councihnember David Scagliola
Councilmember Cedric Edwards
Transportation Safety Advisory Board Members:
Stephen Bish, Chair
Bill Bowers, Board Member
Gary Preston, Board Member
Phillip Rowland, Board Member
Staff Present:
Executive Director David Harris
Executive Director Brian James
City Attorney Katherine Tapley
Deputy City Secretary Donna Schmoekel
Mayor Pro-Tem Jim Fowler
Councilmember Geoxge Antuna
Councihnember Sydney Verinder
Mark Davis, Vice Chair
Max Hernandez, Board Member
Larry Franklin, Board Member
John Cook, Board Member
City Manager John Kessel
Executive Director John Bierschwale
Chief of Staff Bob Cantu
City Secretary Brenda Dennis
CaII to Order - Re lar Session
Mayor Carpenter called the Regular Meeting to order at 6:06 p.m. Mayor Carpenter asked for a
moment of silence in remembrance of those lives last during the Monday, September 16, 2013,
Washington D, C. Navy Yard shooting.
Invocation and Pledges of Allegiance to the Fla s of the United States and State of Texas.
Mayor Pro-Tem Fowler gave the invocation followed by the Pledges of Allegiance to the Flags of
the United States and the State of Texas.
Mayor Carpenter stated that he would like to move to the Hearing of Residence section of the
meeting. Council concurred.
Hearin of Residents:
This time is set aside for any person who wishes to address the City Council Each person should fall
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.
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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, andlor a proposal to place the item on a future agenda. The presiding offrcer, 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 regarding the diszxussal of Mrs. Donna
Thompson as Manager of the Schertz Axea Senior Center, the request for immediate reinstatement of
Mrs. Thompson, request for Council to withdraw participation with the Comal County Senior
Citizen Foundation and request to forma 501(c} 3 non-profit corporation to manage the center:
• Mr. Dean Weirtz, 4301 Monument Pass, Schertz
• Mr. David Morrison, 321 First Street, Schertz
• Ms. Inge Bruner,, 315 Aero, Schertz
• Ms. Susan Lowe, 305 Sea Headrg Drive, Cibolo
• Ms. Raw Weinstein, 217 Silver Wing, Cibolo
• Mr. Roy Escobar, 704 Curtiss, Schertz
• Ms. Carol Suchan, 4828 Stagecoach, Marion
Members of the Schertz Area Senior Center presented a petition of Formal Protest regarding the
dismissal of Donna Thompson.
Mayor Carpenter recognized the following who also spoke:
• Mr. David Richmond, 2921-Bent Tree, who publically thanked the Public Woxks Department
for the rapid response and removal of graffiti in the Greenshire Subdivision.
• Mr. Robin Thompson, Schertz Chamber of Commerce, who stated that the Chamber reached
their 300 mark for members with the Chamber. He also provided updates on the upcoming
events.
Mayor Carpenter recessed the regular meeting into executive session at 6:25 p.m.
Executive Session
Called under:
Section 551.07J~ Texas Government Code Deliberation regarding litigation, pending or
contemplated litigation; and Consultations with the City Attorney regarding advice on legal
matters;
Reconvene into Regular Session
Mayor Carpenter reconvened into regular session at 6:55 p.m.
15. Take any action deemed necessary as a result of the Executive Session.
Mayor Carpenter moved, seconded by Mayor Pro-Tem Fowler to direct staff to negotiate the ~
separation of our relationship with the Comal County Senior Citizen Foundation. The vote
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was unanimous with Mayor fro-Tem Fowler, Councilmembers Scagliota, Antuna,
Edwards, and Yerinder voting yes and no one voting no. Motion Carried.
Mayor Carpenter moved to the Workshop section of the agenda.
Workshop
Discussion and possible action regarding the Schertz Senior Center to include Contracts,
Partners and/or plans. (Mayor Carpenter)
Mayor Carpenter stated the action that was taken by Council this evening will not move fast.
It will take time to negotiate the nature of the separation with the Comal County Senior
Citizen Foundation. We don't yet know the effect of this decision as it will depend on what
the Foundation wants to do. The commitment from the Council is to work with the seniors to
our collective vision of what the senior center should be. Councilmembers Edwards,
Scagliola, Antuna, Fowler, and Verinder all stated that council and the seniors would have to
work together. This is a good transition but may require more than what we have done in the
past.
Mayor Carpenter recognized City Manager John Kessel who asked Executive Director of
Development Brian James to begin negotiations and Parks, Recreation & Community
Services Director George Logan to start working with the seniors to build some consensus
and common goals. He asked Executive Director David Harris to look fox outside support,
such as, other goverrunent agencies, partner cities or area counties as we will need this
involvement to be successful. He stated this will be the first action steps we need to take.
Mayor Carpenter stated the beauty of a Home Rule City is we get to write our own charter. Tt
is our home and we make the rules.
Mayor Carpenter recessed the regular meeting at 6:24 p.m., to allow the crowd to disburse.
Mayor Carpenter reconvened the City Council meeting back to order at G:55 p.m., and moved to the
Special Joint meeting with the Transportation Safety Advisory Commission.
Call to Order - S ecial Session
A. Call to order by each Governing Body.
Chairman Stephen Bish of the Transportation Safety Advisory Commission {TSAC} called
their meeting to order at 7:23 p.m.
B. Presentationldiscussion and direction regarding the City of Schertz Code of Ordinances,
Chapter 54 -Nuisances, Section 54-22(b)(3) -Any sign, notice, pole, post, basketball goal,
and any other obstructions placed or painted upon any sidewalk, street, or in any public right-
of way within the corporate limits of the City. {J. BierschwalelB. Todd}
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Mayor Carpenter recognized Transportation Safety Advisory Commission (TSAC) Chairman
Stephen Bish who stated that they were asked to discuss this issue and provide their findings,
He stated a major job of theirs is to ensure street safety.
Mayor Carpenter then recognized Mark Davis, Vice-Chair of TSAC, who stated the City
Ordinance addresses items which include basketball hoops placed on the sidewalks and in the
roadways. A primary concern is the safety of the children. If a portable basketball hoop is
down on the sidewalk edge, it obstructs pedestrian movement and the kids are literally
playing ball in the street, It is more than just an obstruction issue because you run the risk of
impeding traffic flow or damaging your neighbor's car. Mr. Davis stated the TSAC
membership voted unanimously that it was just not a good idea to promote the use of a
basketball hoop down on the sidewalk or at the edge of a street. He fiu-ther addressed Mayor
Pro-Tern Fowler's concern about parents wanting to keep the kids close, rather than going
down to a park out of sight. Mr. Davis stated there is no easy workaround because if you
take the basketball goals out of the ordinance you open up the potential for anyone to put up
a hoop in the City on any street. Councilmember Antuna agreed it was a challenge but
suggested that streets that stub out would not necessarily be an area of danger.
Mayor Carpenter recognized staff members, Executive Director of Development Brian James
and Marshal Beverly Todd. Mr. James stated they were looking for a way to balance the
issue that would not be too heavy handed and allow city staff the discretion to address any
obvious unsafe practices. City Manager John Kessel suggested an amendment to the current
ordinance removing it from the nuisance chapter and placing it in the traffic safety section sa
that the police department could enfarce any unsafe occurrences. Code Enforcement could
still deal with any nuisance issues, He requested staff to come up with draft ordinances in
both code enforcement and traffic safety for Council to look at.
Mayor Carpenter recognized Counciimember Edwards who agreed this was a good idea to
turn the traffic safety issue over to the Police Department. Mayor Carpenter recognized
Police Chief Michael Hansen, who stated if this happens they will simply address the safety
problem but will not be involved in neighbor to neighbor issues. He pointed out the current
ordinance does not allow for discretion, whereas the suggested option being discussed will.
He stated the authority to enforce is already there, the discretion is not.
Mayor Carpenter recognized City Marshal Beverly Todd who stated this issue situation came
up because of a complaint. She stated they checked with five (5) other cities and none of
those cities allowed basketball goals on the streets. Councilmember Scagliola stated that so
far this ordinance has worked and one case should not set precedence.
Mayor Carpenter recognized TSAC Board Member Max Hernandez, who stated he thinks the
Police Department has enough to do. He stated we should prohibit by law from having the
basketball goal where they could experience a fatality. Responsibility starts at home. Keep
this in the law and in our ordinance.. Let those that break the ordinance pay for it. Mayor
Carpenter recognized TSAC Board Member Larry Franklin, who stated we should look at the
word portable more closely. He doesn't see why a goal should be left out in the road.
Mayor Carpenter recognized City Manager John Kessel, who stated one of the problems that
exists in our current ordinance is it specifically states basketball goals; you could also have
other unsafe play items such as hockey goals, go-carts, skateboard ramps, etc., all equally
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unsafe, The real issue is `playing in the street', thus a traffic safety issue. By adding it to our
traffic safety ordinance, we will have a better directive. Mayor Carpenter stated again that
staff would go back and work on both sections of the ordinances and come back to present
Council with drafts for consideration.
Adjournment of Special Joint Meeting
• Traffic Safety Advisory Commission
Chairman Stephen Bish recognized Board Member Max Hernandez, who moved, seconded
by Vice Chair Mark Davis to adjourn the Special Joint meeting with Council, The vote was
unanimous. Motion Carried. Meeting adjourned at 7:59 p.m.
Mayor Carpenter moved to the announcement section of the agenda.
Ci Events and Announcements
• Announcements of upcoming City Events (D. Harris/J. Bierschwale/B. James)
Mayor Carpenter recognized Executive Director of Development Brian James who
announced the following upcoming events:
• Friday and Saturday, September 20`'' and 21 S` the Schertz Fest event will be held at Pickrell
Parle
• Announcements and recognitions by City Manager (J. Kessel)
Mayor Carpenter recognized City Manager John Kessel who stated that there is a new
wooden plaque that was installed to the right of the doors as you come into the Council
Chambers. It has the City's four (4) Core Values on it which are: (1) Do the right thing, (2)
Da the best you can, (3) Treat others as you would be treated, and {4} Work together as a
team . He thanked the Police Department who put it together for us. Mayor Carpenter said
he was pleased to have this out front because he anticipates the day when residents will
remind us of them from time to time.
Presentations
• Presentation and update regarding the upcoming Schertz Fest Event (J. Bierschwale/M.
Spence)
Mayor Carpenter recognized Events Coordinator Mary Spence who provided a brief Power
Point presentation regarding the Fourth of July Jubilee and the upcoming Schertz Fest Event.
Ms. Spence stated the Fourth of July event netted a profit of $22,675.75.
Ms. Spence stated the upcoming Schertz Fest is this Friday, September 20~' and Saturday,
September 21$f. In case of rain, they have several plans in place. Festivities will begin on
Friday evening from 6 p.m.-11;00 p.m., and Saturday, beginning at 11:00 a.m. until 12:00
09-17-2013 Minutes Page - 5 -
p.m. There will be a carnival, food and beverage booths, BBQ cook-off, craft booths, and
several bands, along with several competitions.
• Guadalupe Regional Medical Center Report (Jerry Riggs)
Mayor Carpenter recognized Pharmacist Jerry Riggs, R. Ph. with the Guadalupe Regional
Medical Center who provided a brief report regarding the Prescription Assistance Program.
He stated the program provides assistance to indigent individuals and those without any
medical ar prescription insurance. Monetary assistance is received from. a variety of sources
and the City of Schertz contributes $5000 annually. There were 41 individuals from the
Schertz area who received assistance during this six month period. Each applicant receives
approximately $7,400 worth of prescription benefits per year.
Workshop
• Presentation, discussion and possible action regarding amendments to the City of Schertz
Health Insurance Benefits (J. KessellJ. Smith}
lA. Resolution No. 13-R-76 -Consideration and/or action approving a Resolution
amending the City of Schertz Employee Health Benefits Plan timeframe from a
calendar year to a fiscal year, and other matters in connection therewith.
The following was read into recoxd:
RESOLUTION NO. 13-R-7G
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE CITY OF SCHERTZ EMPLOYEE HEALTH BENEFITS PLAN
TIMEFRAME FROM A CALENDAR YEAR TO A FISCAL YEAR, AND OTHER
MATTERS IN CONNECTION THEREWITH
Mayor Carpenter recognized Director of Human Resources Josh Smith who introduced this
item stating that staff researched the efficacy of keeping the existing health insurance plans
on a calendar year as opposed to a fiscal year. For budgetary purposes and other reasons,
staff is recommending changing the City's health insurance plan year from a calendar plan
year to a fiscal plan year beginning 10/1/2014 to match the budget cycle. Staff recommends
approval. "
Mayor Carpenter recognized Councilmember Edwards, who moved, seconded by
Counciimember Verinder, to approve Resolution No. 13-R-76. The vote was 4-D-1 with
Mayor Pro-Tem Fowler, Councilmembers Scagliola, Edwards, and Yerinder voting yes
and no one voting no, and CouncilmemberAntuna abstaining. Motion Carrier
1B. Resolution No. 13-R-77 -Consideration and/or action approving a Resolution
adopting amendments to the City's Health Insurance benefits for City Employees, and
other matters in connection therewith. ~
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The following was read into record:
RESOLUTION NO. 13-R-77
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
ADOPTING AMENDMENTS TO THE CITY'S HEALTH INSURANCE BENFITS
FOR CITY EMPLOYEES, AND OTHER MATTERS IN CONNECTION
THEREWITH
Mayor Carpenter recognized Director of Human Resources Josh Smith who provided a brief
Power Point regarding the following summary of renewals answering questions from
Council:
• Budgeted 5% increase
• 5% increase for medical plans
• 5.5% increase in dependent premiums
• 3.9% increase in Vision = $9~2 annually
• No increase in Dental PPO
• Na increase in Life or Disability
2014 Insurance Proposals:
• Offer Dual PPO Plan options:
- Maintain traditional PPO with no changes
- Offer High deductable PPO plan to decrease dependent pxemiums
• Offer Health Savings Account with HDHP
• City would give to employees difference of cost between Individual. PPO
Traditional and HDHP = $1,162 to put in HAS or toward premium
• Employees can contribute additional monies to their HAS through their
paychecks
• Employees with dependents on HDHP would split Affordable Care Act
premium refunds to City and apply to dependent premium = $10,962
• Increase medical bridge for HSA participants from $500 to $1,000 to help
cover catastrophic claims = $1,500 annualized cost
• Eliminate Dental HMO and provide 2nd PPO option with Iarger network and
more coverage = $.1,21 PEPM ($4,385 annually)
• Move Health Insurance plan year to match f scal year beginning 10/1/201 ~
Mayor Carpenter recognized Councilmember Edwards, who moved, seconded by
Cauncilmember Verinder, to approve Resolution No. 13-R-77. The vote was unanimous
with Mayor Pro-Tem Fowler, Councilmembers Scaglioia, Antuna, Edwards, and Verinder
voting yes and no one voting no. Motion Carrier
Consent Agenda Items
The Consent Agenda is considered to be 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 by the Mayor or a Councilmember.
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Mayor Carpenter recognized Mayor Pro-Tem Fowler who requested that Ztem 8 be removed for
separate action.
Minutes -Consideration and/or action regarding the approval of the minutes of the Special
Meeting of September 6, 2013, and Regular Meeting of September 10, 2013, (J. KessellB.
Dennis)
2. Ordinance No. 13-D-41 -Consideration and/or action approving an Ordinance amending
Chapter 86 of the Code of Ordinances by the City of Schertz, as amended, by adding Section
86-63, Prohibiting the use of Engine Brakes on any streets or highways within the City,
providing a penalty of fine not to exceed the sum of Five Hundred Dollars ($500.00) far each
offense; repealing all Ordinances or parts of Ordinances in conflict with this Ordinance; and
providing an effective date. Final Reading {J. Bierschwale/M. Hansen)
The following was read into record;
ORDINANCE NO. 13-D-41
AN ORDINANCE AMENDING CHAPTER 86 OF THE CODE OF ORDINANCES OF
THE CITY OF SCHERTZ, AS AMENDED, BY ADDING SECTION 86-63,
PROHIBITING THE USE OF ENGINE BRAKES ON ANY STREETS OR
HIGHWAYS WITHIN THE CITY, PROVIDING A PENALTY OF FINE NOT TO
EXCEED THE SUM OF FIVE HUNDRED DOLLARS (SSDD.OD} FOR EACH
OFFENSE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE
3. Resolution No. 13-R-80 -Consideration and/or action approving a Resolution authorizing an
Advertising and Graphic Design Services Agreement with Souzamaphone Marketing, LLC,
and other matters in connection therewith. {D. Harris/L. Klepper)
The following was read into record:
RESOLUTION NO. 13-R-8D
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING AN ADVERTISING ~ AND GRAPHIC DESIGN SERVICES
AGREEMENT WITH SOUZAMAPHONE MARKETING, LLC, AND OTHER
MATTERS IN CONNECTION THEREWITH
4. Resolution No. 13-R-71 - Schertz Seguin Local Government Corporation (SSLGC} Fiscal
Year 2013-14 Annual Budget SSLGC Resolution #f SSLGC #SSLGC R-13-D4 -
Consideration and/or action approving the Schertz Seguin Local Government Corporation
(SSLGC) FY 2013-14 Budget. (J. BierschwalelS. Willoughby/A. Cockerell)
The following was read into record:
RESOLUTION NO. 13-R-71
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
APPROVING THE SCHERTZ-SEGUIN LOCAL GOVERNMENT CORPORATION
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FISCAL YEAR 2013-14 ANNUAL BUDGET, AND OTHER MATTERS IN
CONNECTION THEREWITH
5. Resolution No. 13-R 72 - Schertz Seguin Local Government Corporation (SSLGC}
Fiscal Year 2013-14 Water Rates SSLGC Resolution #SSLGC #SSLGC R-13-10 -
Consideration and/or action approving the Schertz Seguin Local Government Corporation
(SSLGC) FY 2013-14 Water rates. (J. BierschwalelS. Willoughby/A. Cockerell)
The following was read into record:
RESOLUTION NO. 13-R-72
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OFSCHERTZ, TEXAS
APPROVING THE SCHERTZ-SEGUIN LOCAL GOVERNMENT CORPORATION
FISCAL YEAR 2013-14 WATER RATES, AND OTHER MATTERS 1N
CONNECTION THEREWITH
6. Resolution No. i3-R-73 -Consideration and/or action approving a Resolution authorizing a
Management Services Agreement with Schertz Seguin Local Government Corporation
(SSLGC). (J. Bierschwale/S. Willoughby/A. Cockerell)
The following was read into record:
RESOLUTION NO. 13-R-73
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING AN AGREEMENT FOR MANAGEMENT SERVICES BETWEEN
THE CITY OF SCHERTZ AND THE SCHERTZ-SEGUIN LOCAL GOVERNMENT
CORPORATION WITH SCHERTZ-SEGUIN LOCAL GOVERNMENT
CORPORATION, AND OTHER MATTERS IN CONNECTION THEREWITH
7. Resolution No. 13-R 74 -Consideration and/or action approving a Resolution authorizing a
second amendment to Tower Lease Agreement with Clear Wireless LLC, and other matters
in connection therewith. (J. KesseUB. Cantu)
The following was read into record;
RESOLUTION NO. 13-R-74
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A SECOND AMENDMENT TO TOWER LEASE AGREEMENT
WITH CLEAR WIRELESS LLC, AND OTHER MATTERS IN CONNECTION
THEREWITH
Mayor Carpenter recognized Councilmember Scagliola, who moved, seconded by
Councilmember Edwards, to approve the Consent Agenda Items 1 through 7. The vote was
unanimous with Mayor Pro-Tem Fowler, Councilmem6ers Scagliola, Antuna, Edwards,
and Tjerinder voting yes and no one voting no. Motion Carried.
09-17-2013 Minutes Page - 9 -
Discussion and Action Items
Resolution No. 13-R-79 =Consideration andlor action approving a Resolution authorizing a
Personal Services Agreement with Charmain Sanchez for Services related to Marketing and
Developing certain City Property for the purpose of the Installation and Operation of
Wireless Communication Equipment and Systems and the Continued Management of the
City's Telecommunications Tenants, and other matters in connection therewith. (J. Kessel/B.
Cantu)
The following was read into record:
RESOLUTION NO. ].3-R-79
A RESOLUTION SY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A PERSONAL SERVICES AGREEMENT WITH CHARMATN
SANCHEZ FOR SERVICES RELATED TO MAl~tI~TING AND DEVELOPING
CERTAIN CITY PROPERTY FOR THE PURPOSE OF THE INSTALLATION AND
OPERATION OF WIRELESS COMMUNICATIONS EQUIPMENT AND SYSTEMS
AND THE CONTINUED MANAGEMENT OF THE CITY'S
TELECOMMUNICATIONS TENANTS, AND OTHER MATTERS IN
CONNECTION THEREWITH
Mayor Carpenter recognized Chief of Staff Bob Cantu who introduced this item stating that
the City staff determined that the City requires the services of a skilled consultant relating to
the marketing and managing of City real estate for telecommunications development. On
August 5, 2008 the City passed and adopted Resolution No 08-R-42 authorizing the City
Manager to execute a Personal Services Agreement with Charmain Sanchez, an individual
uniquely qualified to provide such services for the City. The Agreement with Ms. Sanchez
was for a five (5) year period, and if not renewed, expires on September 30, 2013. Section II
paragraph 2.02 states that the City and the Consultant may agree to further renewals.
Revenues generated from the leases and lease amendments negotiated by Ms. Sanchez over
the twenty (20) year term of the agreements. In the past five years, these agreements have
paid out $909,387.81. A third of this irevenue is attributed to fees and requests by Tenants to
change equipment needed to support new technology and improve service. These
modification requests will continue as the telecom industry evolves and offers via wireless
equipment further increasing revenues. Ms. Sanchez is uniquely qualified in managing these
requests, establishing pricing for equipment, amending the Agreements resulting in
increasing rent to the City. The City expects more requests for telecommunication sites as
new development continues. Staff recommends approval.
Mayor Carpenter recognized Mayor Pro-Tem . Fowler, who moved, seconded by
Councihnember Edwards, to approve Resolution No. 13-R-79. The vote was unanimous
with Mayor Pro-Tem Fowler, Councilmembers Scagliola, Antuna, Edwards, and Yerinder
voting yes and no one voting no. Motion Carried
9. .Resolution No, 13-R-75 -Consideration andlor action approving a Resolution authorizing an
Interlocal Agreement between the City of Schertz, Texas and the Cibolo Creek Municipal
Authority regarding purchase of property for a future Wastewater Treatment Facility with the
09-17-2013 Minutes Page - 10 -
Cibolo Creek Municipal Authority, and other matters in connection therewith. (J.
Bierschwale/S. Willoughby)
The following was read into record:
RESOLUTION NO. 13-R-7S
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF
SCHERTZ, TEXAS AND THE CIBOLO CREEK MUNICIPAL AUTHORITY
REGARDING PURCHASE OF PROPERTY FOR A FUTURE WASTEWATER
TREATMENT FACILITY WITH THE CIBOLO CREEK MUNICIPAL AUTHORITY,
AND OTHER MATTERS IN CONNECTION THEREWITH
Mayor Carpenter recognized Executive Duector of Operations John Bierschwale who
introduced this item stating that with the development of Southern Schertz and to meet
current and future waste water demands, COMA needs to begin the process of purchasing the
land for the Southern Wastewater Treatment Plants.
Negotiations have begun between a tri-party agreement with CCMA, Cibolo and Schertz to
complete the contracts fox the wastewater treatment. As we continue to develop the tri-party
agreement, TCEQ permits must be applied for the plant treatment affluent into the Cibolo
Creek andlor reuse water programs. CCMA has selected three different sites for the treatment
plant and wants to begin negotiations for the preferred site for the discharge point into the
Cibolo Creek, maintaining the best quality nutrients of the creek.
Once CCMA has completed land negotiations, the City will provide funding up to $2 million
dollars. The City will be reimbursed by COMA once the revenue bonds have been sold or
full reimbursement terms as described in Section 2 of the Interlocal Agreement.
FISCAL IMPACT: To assist the Authority in its efforts to acquire the Plant Site, the City
desires to advance, in accordance with the terms of this Agreement, up to Two Million and
No/100 Dollars {$2,000,000.00} to the Authority for use by the Authority to purchase the
Plant Site and to perform legal and due diligence activities in connection with such
acquisition,
City staff recommends that the City enter into an Interlocal Agreement between the City of
Schertz, Texas and the Cibolo Creek Municipal Authority regarding purchase of Property for
a Future Wastewater Treatment Facility with Cibolo Creek Municipal Authority relating to
advancement of fiu7ds for the purchase of property for a future wastewater treatment facility.
Staff recommends approval.
Mayor Carpenter recognized Councilmembex Edwards, who moved, seconded by
Councilmember Antuna, to approve Resolution No. 13-R-75. The vote was unanimous with
Mayor Pro-Tem Fowler, Councilmembers Scagliola, Antuna, Edwards, and Yerinder
voting yes and no one voting no. Motion Carried.
10. Resolution No, 13-R-78 -Consideration andlor action approving a Resolution approving and
ratifying a Purchase and Sale Agreement and a First Amendment to Purchase and Sale
09-17-2013 Minutes Page - l1-
Agreement, both with Michael F. Biry and Jennifer S. Biry, and authorizing a Continuation
Notice granting consent to proceed to Closing related to such Agreement and Amendment, all
in connection with the purchase by the City of Real Property located along Commercial Place
and Windy Meadows Drive, described as Lots 31 and 32, Block 1, Schertz Business Park
according to the plat recorded in Volume 5, Page 225B, Lot 24, Block 2 Windy Meadow,
according to the plat recorded in Volume 5; Page SOA-51A, Lots 23, 24, and 2$ Block 1,
Schertz Business Park, according to the plat recorded in Volume 4, Page 336, all located in the
City of Schertz, Guadalupe County, Texas, as well as the Purchase of related improvements
and Personal Property, from Michael F. Biry and Jennifer S. Biry, and other matters in
connection therewith. (J. BierschwalelK. Tapley)
The following was read into record:
RESOLUTION NO. 13-R-78
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
APPROVING AND RATIFYING A PURCHASE AND SALE AGREEMENT AND A
FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT, BOTH WITH
MICHAEL F. BIRY AND JENNIFER S. BiRY, ~ AND AUTHORIZING A
CONTINUATION NOTICE GRANTING CONSENT TO PROCEED TO CLOSING
RELATED TO SUCH AGREEMENT AND AMENDMENT, ALL IN CONNECTION
WITH THE PURCHASE BY THE CITY OF REAL PROPERTY LOCATED ALONG
COMMERCIAL PLACE AND CINDY MEADOWS DRIVE, DESCRIBED AS LOTS
3i AND 32, BLOCK 1, SCHERTZ BUSINESS PARK ACCORDING TO THE PLAT
RECORDED IN VOLUME 5, PAGE 225B, LOT 24, BLOCK 2, WINDY MEADOW,
ACCORDING TO THE PLAT RECORDED IN VOLUME 5, PAGE 50A-51A, LOTS 23,
24, AND 28 BLOCK 1, SCHERTZ BUSINESS PARK, ACCORDING TO THE PLAT
RECORDED IN VOLUME 4, PAGE 336, ALL LOCATED IN THE CITY OF
SCHERTZ, GUADALUPE COUNTY, TEXAS, AS WELL AS THE PURCHASE OF
RELATED IMPROVEMENTS AND PERSONAL ~'ROPERTY, FROM MICHAEL F.
BIRY AND JENNIFER S. BIRY, AND OTHER MATTERS IN CONNECTION
THEREWITH
Mayor Carpenter recognized Councilmember Edwards who stated that Council had been
briefed on this item and knows this is the plan for the Public Works facility and the master
plan and he wanted to make a motion to pass Resolution No. 13-R-78.
Mayor Carpenter recognized Edwards, who moved, seconded by Councilmember Scagliola,
to approve Resolution No. 13.-R-78. The vote was unanimous with Mayor Pra-Tem
Fowler, Councilmembers Scagliola, Antuna, Edwards, and Yerinder voting yes and no one
voting no. Motion Carried.
Roll Call Vate Confirmation
Mayor Carpenter recognized Deputy City Secretary Donna Schmoekel who recapped the votes for
the presentation and agenda items 1 through 15. ~
09-17-2013 Minutes Page -12 -
Requests and Announcements
11, Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
City Manager Jahn Kessel 8& Executive Director of Support David Harris will be attending
the annual International City Manager Association (ICMA) conference held in Boston.
Therefore they will not be attending next week's council meeting.
No further announcements provided,
12. Requests by Mayor and Councilmem.bers that items be placed on a future City Council
agenda.
No items requested.
13. Requests by Mayor and Cauncilmembers to City Manager and Staff for information.
Mayor Carpenter recognized Mayor Pro-Tem Fowler wha stated that he had spoken to
Executive Director of Development Brian James this week and has agreed to have staff bring
the frontage lot width discussion item back on October 15, 2013, due to no City Council
meetings on October 1, 2013, and October S, 2013.
14. Announcements by Mayor and Councilmembers
• City and community events attended and to be attended
• City Council Committee and Liaison Assignments (see assignments below)
• Continuing education events attended and to be attended
• Recognition of actions by City employees
• Recognition of actions by community volunteers
• Upcoming City Council agenda items
Mayor Carpenter recognized Mayor Pro-Tem Fowler stated he attended the Chamber of
Commerce Luncheon today.
Mayor Carpenter recognized Councilmember Scagliola who attended the following events:
• Monday, September 16, 2013, he attended the POW M1A Ceremony at the VFW
• Tuesday, September 17, 2013, Schertz Chamber of Commerce meeting
Mayor Carpenter recognized Councilmember Edwards who stated he also attended the
Schertz Chamber Luncheon. He congratulated Ms. Titterington an reaching 300 active
members of the Chamber. Councilmember Edwards congratulated Ms. Titterington.
09-17-2013 Minutes Page - 13 -
Mayor Carpenter recognized Counciltnember Verinder who stated he attended the following
events:
• Friday, September 13, 2013, Investment Advisory Committee Meeting
• Friday, September 13, 2013, Schertz Animal Services/Homes For Pets Fundraiser
Mayor Carpenter congratulated Council. He stated a lot of the business they conduct is
routine, 90% of the items ~ they are asked to deal with are routine. Sometimes they are
confronted with decision where it is not routine, it's pace setting, or it is changing a direction
of the City that will have a palatable effect over the long term. We had ane of those tonight,
where the Council acted decisively and with strength and courage. He appreciates it and
congratulated each member of Council.
Adiournruent
As there was no further business, the meeting was adjourned at 9:1¢ .m.
Mayor, Michael R. Carpenter
ATTEST:
Deputy City Secretary, Donna Schmoekel
09-17-2013 Minutes Page - ~a -