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09-08-2015 MinutesMINUTES REGULAR MEETING September 8, 2015 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on September 8, 2015, at 6:00 p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building 44, Schertz, Texas. The following members present to -wit: Mayor Michael Carpenter Councilmember Daryl John Councilmember Robin Thompson Staff Present: Executive Director Brian James City Attorney Charles Zech Councilmember Grumpy Azzoz was absent. Call to Ordt r Mayor Pro -Tem Jim Fowler Councilmember Cedric Edwards City Manager John Kessel Executive Director Bob Cantu City Secretary Brenda Dennis 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 the State of Texas ( Councilmember Thompson) Councilmember Thompson provided the opening prayer followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. City Events and Announcements • Announcements of upcoming City Events (B. James /D. Wait /B. Cantu) Mayor Carpenter recognized Executive Director Brian James who provided the following announcements: • Thursday, September 10, Northeast Partnership Meeting, Olympia Hills Golf Course, 11:30 a.m. • Thursday, September 10, SCUCISD Ribbon Cutting Ceremony, Cibolo Valley Elementary, 4093 Green Valley Road, Cibolo, at 4:30 p.m. • Tuesday, September 15, Chamber Monthly Luncheon, Schertz Civic Center, 11:30 a.m. • Tuesday, September 15, City Council and Planning and Zoning Commission will meet in a Joint Workshop Meeting regarding the proposed 2012 ICC Building Codes, deferral of all public improvements, and discussion regarding the Joint Land Use Study at 5:00 p.m. SAVE THE DATE: • Thursday, September 17, Chamber Mixer, Rockstar's Place, 1248 FM 78, Suite 101, 5:30 p.m. 9 -08 -2015 Minutes Page - i - • Friday through Saturday, September 181h & 19th, SchertzFest begins at Pickrell Park. • Wednesday, September 23, Chamber Biz -Ed Breakfast, Quick Books Workshop at the Chamber Offices, 7:30 a.m. • Tuesday- Friday, September 22 -25, Annual TML Conference, San Antonio • Announcements and recognitions by City Manager (J. Kessel) No announcements were provided at this time. 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, andlor a proposal to place the item on a future agenda. The presiding officer, 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 individuals who spoke: • Mrs. Rosemary Scott, 3576 Olde Moss, who spoke regarding citizen concerns on the aquatic facility and concerns regarding the cost of the recent salary survey. • Mr. Robert Brockman, 1001 Elbel Road, who reported that the drinking fountain at the Playscape is inoperable. Presentation • Proclamation recognizing "National Payroll Week ". (Mayor/Members of the Alamo Chapter of the American Payroll Association) Mayor Carpenter read and presented the proclamation for "National Payroll Week" to the Alamo Chapter of the American Payroll Association. Members thanked the Mayor and Council for their support. 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. 9 -08 -2015 Minutes Page - 2 - I . Minutes - Consideration and /or action regarding the approval of the minutes of the Regular Meeting of September 1, 2015. (J. KesselB. Dennis) 2. Ordinance No. 15 -M -32— Consideration and /or action approving an Ordinance amending the City of Schertz Code of Ordinances establishing the dates of City Council meetings; providing an effective date; and repealing all Ordinances or parts of Ordinances in conflict with this Ordinance. Final Reading (B. Dennis/Mayor /Council) The following was read into record: ORDINANCE NO. 15 -M -32 AN ORDINANCE AMENDING THE CITY OF SCHERTZ CODE OF ORDINANCES ESTABLISHING THE DATES OF CITY COUNCIL MEETINGS; PROVIDING AN EFFECTIVE DATE; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE. 3. Appointments/ Reappointments and Resignations to City Boards, Commissions and Committees — Consideration and /or action regarding appointment of Mr. Edward Fair as Alternate No. 2 to the Parks & Recreation Advisory Board. (B. Demiis/Mayor /Council) 4. Cancellation of September 22, 2015 and October 6, 2015 City Council Meetings — Consideration and /or action cancelling the September 22, 2015 City Council meeting due to lack of agenda items and attendance at the Texas Municipal League Conference and the cancellation of October 6, 2015 in observance of National Night Out. (B. Dennis /Mayor /Council) Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Councilmember Thompson to approve consent agenda items 1 -4. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Edwards, John and Thompson voting for and no one voting no. Councilmember Azzoz was absent. Motion passed. Discussion and Action items Mayor Carpenter recognized Parks Manager Chuck VanZandt who stated that Mr. Edward Fair was in the audience this evening. Mr. Fair stood to be recognized. Mayor Carpenter thanked Mr. Fair for volunteering to serve on the Parks & Recreation Advisory Board. 5. Resolution No. 15 -R -65 — Consideration and/or action approving a Resolution authorizing an amendment to the Public Facility License Agreement between the City of Schertz and the Schertz Youth Soccer Alliance (SYSA). (B. James /C. VanZandt) The following was read into record: 9 -08 -2015 Minutes Page - 3 - RESOLUTION NO. 15 -R -65 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AMENDMENT TO PUBLIC FACILITY LICENSE AGREEMENT WITH THE SCHERTZ YOUTH SOCCER ALLIANCE, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Parks Manager Chuck VanZandt who introduced this item answering questions from Council. Mr. VanZandt stated the Parks and Recreation Advisory Board requested that staff provide a copy of the current SYSA Public Facility License Agreement and place an item on the agenda for discussion. The current agreement was approved in 2010. As part of the Parks Board discussion inconsistencies between this agreement and the City's agreement with the Buffalo Valley Youth Association (BVYA) were noted. In particular, the requirement that SYSA pay the Schertz Parks and Recreation Foundation $5 per participant per season up to a maximum annual payment of $10,000. The Board felt that it was unfair to charge SYSA a fee that was not being charged to BVYA and that it should be eliminated. On May 18, 2015, the Advisory Board met with the SYSA President to discuss the proposed changes to the existing SYSA Public Facility License Agreement (Attached Existing SYSA Public Facility License Agreement). One of the key changes that emerged as a result of the Board's review of the SYSA Public Facility License Agreement is the recommendation to remove Article III, Section 3.06 Schertz Parks and Recreation Foundation. This section states that "the Soccer Alliance agrees that, each year of this Agreement it will donate $5 per participant per season, but subject to a maximum annual contribution pursuant to this Section of $10,000 per year to the Schertz Parks and Recreation Foundation for future enhancements of the City's parks and recreation facilities." Since this Section is not in the BVYA Public Facility License Agreement, both parties agreed that its removal from the SYSA agreement is appropriate as it will allow SYSA to retain these funds that may be used for maintenance of the recently improved Maske Road Soccer Complex. Staff has notified the Parks and Recreation Foundation of this proposed change. Other changes include eliminating the provision allowing the City to have exclusive use of the facility between July 1 and 6 of each year. It is assumed this provision would have allowed the City to use the facility in conjunction with the July 4th Jubilee. In light of the fact that the City has not been utilizing the facility and given the recent improvements, it should not be used for non - soccer functions, this provision is being eliminated. Another provision being eliminated is the payment of fees ($25 per team or $5 per person) to the City for tournaments and events for which SYSA must charge for participation. The change allows SYSA to retain all registration fees for tournaments. Finally, a provision that requires SYSA to pay the City 50% of all revenues collected from fees charged to spectators is being eliminated. The elimination of both provisions allows SYSA to utilize revenues for their operations. At their August 24, 2015 meeting the City of Schertz Parks and Recreation Advisory Board recommended approval of the amended agreement. At their August 20 meeting the SYSA board approved the amended agreement. 9 -08 -2015 Minutes Page - 4 - The City will lose revenue from admissions and tournament registration fees. It is unclear as to the fiscal impact going forward in that staff anticipates more tournaments being held at the renovated Maske Road Soccer Complex. Staff recommends that the new Public Facility License Agreement with SYSA be approved as amended. Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Councilmember Edwards to approve Resolution No. 15 -R -65 with a further review of the agreement in the future. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Edwards, John and Thompson voting for and no one voting no. Councilmember Azzoz was absent. Motion passed. 6. Ordinance No. 15 -T -33 — Consideration and /or action approving an Ordinance authorizing a Budget Adjustment to the General Fund to fund the Pickrell Pool Liner Replacement. First Reading (J. Kessel /J. Walters) The following was read into record: ORDINANCE NO. 15 -T -33 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO THE GENERAL FUND TO FUND THE PICKRELL POOL LINER REPLACEMENT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE Mayor Carpenter recognized Senior Budget Analysts James Walters who stated this item was presented during the budget process where they found savings in this year's budget due to the vacant Parks Director position. Mayor Carpenter recognized Parks Manager Chuck VanZandt who came forward introducing this item and answered questions from Council. He stated in the late winter /early spring of 2003, the City of Schertz entered into a contract with a pool rehabilitation specialist company to renovate the 252,000 gallon L- shaped (large) pool and the 2,500 gallon baby (wading) pool at Pickrell Park. Said rehabilitation was accomplished through the installation of an adhered PVC pool liner system. That system carried a 10 -year warranty which expired in the spring of 2013. Over the winter of FY 2014 -2015, staff discovered (through routine winter maintenance inspections) that portions of the existing liner in the large pool had disconnected from the underlayment and that sections of the seams in the liner had come completely apart. Staff was able to repair the seams that had separated and safely refill the pool for public use during this past pool season (summer of 2015). Although the in -house repairs were sufficient for the pool to be operated safely for the season, staff is concerned that the existing liner will not survive another season. If it fails, the pool water can be contaminated with the liner backing material and fiberglass shards from the old pool surfaces. Presence of these materials in the water can pose a public safety hazard. 9 -08 -2015 Minutes page - 5 - Therefore, it is imperative that the old liner of the large pool be replaced over winter to be ready for public use for the summer of 2016. Per policy, any budget adjustments within a department over $50,000 and any transfers between departments must go before council for approval. City Staff recommends the funding for this project come from the savings due to having a vacant Parks Director position. The $65,000 necessary to replace the pool liner will not change the overall FY 2014 -15 General Fund Budget. City Staff recommends the funding for this project come from the savings due to having a vacant Parks Director position. The $65,000 necessary to replace the pool liner will not change the overall FY 2014 -15 General Fund Budget. Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Mayor Pro- Tern Fowler to approve Ordinance No. 15 -T -33 first reading. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Edwards, John and Thompson voting for and no one voting no. Councilmember Azzoz was absent. Motion passed. Roll Call Vote Confirmation Mayor Carpenter recognized City Secretary Brenda Dennis who provided the roll call vote confirmation for agenda items 1 through 6. Requests and Announcements 7. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives Mayor Carpenter recognized City Manager John Kessel who stated that he wished to thank several departments and the different staff members who participated in the "Back the Blue" event held on Labor Day. A number of Police, Marshal's and Public Affairs employees attended. He stated we also saw the EMS and Fire Department show up in full force as well as a large number of outside agencies. Thanks to all who attended. 8. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No items were requested. 9. 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 9 -08 -2015 Minutes Page -- 6 - Mayor Carpenter recognized Mayor Pro -Tem Fowler who stated again he was glad to be back in Texas. Mayor Pro -Tem Fowler mentioned that he had the privilege of providing the invocation for the two recent Dale Carnegie Customer Service Graduation Classes. He stated that what they were teaching and what we have as policy values for the City coincide and parallel each other. This training puts us on a solid foundation for moving forward. He appreciates the training that is being provided to the City. He thanked those for allowing him to participate. Mayor Carpenter recognized Councilmember Thompson who thanked Police Chief Michael Hansen for opening up the recent Bill Riggs Leadership program seminar to others. He stated it was well received and an excellent program; the City and the Police Department are to be commended. Councilmember Thompson also stated he was talking to a Chamber Member today and walking outside, his business faces the I -35 frontage road. He asked if he knew someone on the Police Department and would you pass along and express their appreciation for the Police slowing down and stopping some of the truck traffic in front of their business. The business owner was very appreciative of our Police Department. Executive Session It was the concurrence of Council to not meet in Executive Session until a full Council was present. City Council did not meet in Executive Session. Adi ournment Meeting was adjourned at 6:34 p.m. ATTEST Arenda Dennis, City Secretary 9 -08 -2015 Minutes Page - 7 - �O Michael R. Carpenter, Mayor