12-16-2014 MinutesMINUTES
REGULAR MEETING
December 16, 2014
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
December 16, 2014, 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 Grumpy Azzoz
Councilmember Robin Thompson
Staff Present:
Deputy City Manager John Bierschwale
Chief of Staff Bob Cantu
City Secretary Brenda Dennis
Mayor Pro -Tem Daryl John was absent.
Call to Order
Councilmember Jim Fowler
Councilmember Cedric Edwards
City Manager John Kessel
Executive Director Brian James
City Attorney Charles Zech
Deputy City Secretary Donna Schmoekel
Mayor Carpenter called the meeting to order at 6:01 p.m.
Invocation and Pledges of Alleziance to the Flags of the United States and the State of
Texas ( Councilmember Fowler)
Councilmember Fowler provided the invocation followed by the Pledges of Allegiance to the
Flags of the United States and the State of Texas.
Mayor Carpenter moved to the hearing of residents section of the agenda.
HearinLy of Residents
Mayor Carpenter recognized the following who spoke:
• Lt. Leon Sposari, Schertz Fire Department, came forward and presented Ms. Lori
Lynn, San Antonio Chapter MDA with a check in the amount of $10,925.72. He
stated the Fire Department raised these funds in.support of the MDA program.
Ms. Lynn thanked the Mayor, Council and staff for their support.
Presentations.
• Presentation and update regarding the Natatorium Project. (B. James/P. Gaudreau)
Owners Representative Phil Gaudreau provided a PowerPoint presentation regarding an
update on the Aquatic Facility answering questions from Council. The following
information was provided:
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Background
A Bond was passed in 2010 for the creation of an "enclosed community swimming pool
of competitive quality" and, for the Playscape in the amount of $6,625,000.00.
Additional funds from SCUCISD and the YMCA in the amount of $1,650,000.00 and
$2,000,000.00 respectively have been added to the overall budget.
An Agreement for Design Services was awarded to Marmon Mok by City Council on
July 8, 2014.
Current Activities
• Continue the meetings with SCUCISD, YMCA, Marmon Mok, Councilman-
Hunsaker and the City.
• Continue to refine program needs and space requirements.
• Review options for the Leisure Pool size, configuration, depth and support
requirements.
O Verify Executive Summary statements prepared by Councilman- Hunsaker.
O Continue to Review and confirm support spaces required for the overall building.
O Begin selection of building equipment based on Project requirements.
Mr. Gaudreau provided slides on the following: site plan, floor plan, east/north
elevations, south/west elevations.
Future Activities
• Prepare Design development and Construction Documents based on approved
Schematic Design program.
• Verify spacial requirements and adjacencies through development of Design
Development documents.
• Prepare initial public information meeting based on City Council Schematic
Design approval or direction.
Overall Preliminary Schedule
O Design Development and Construction Documents timeline is anticipated to be 5
— 4 months.
O Construction timeline is anticipated to be 13 —18 months but cannot be
determined until a Construction Manager at Risk (CM @R) is engaged.
O The responses to the RFQ for the CM @R are scheduled to be reviewed by the
selection committee Wednesday December 17, 2014.
O Top two or three respondents will be invited to be interviewed by the committee
and provide proposed fees associated with the Project.
City Events and Announcements
• Announcements of upcoming City Events (J. BierschwaleB. James)
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• Friday, December 19, 2014, Senior Center Luncheon, 11:30 a.m. to 2:00 p.m.
• Friday, December 19, 2014, Santa Claus is coming to Schertz Bank & Trust,
519 Main Street, 3:00 p.m, to 5:00 p.m.
• Announcements and recognitions by City Manager (J. Kessel)
City Manager John Kessel commended the efforts of the Fire Department in regard to
collecting donations for MDA. Mr. Kessel also stated that today at the Civic Center
Members of Staff and Mayor and Council attended the Retirement celebration for
Assistant Chief Glen Outlaw. It was a very well- attended event.
Hearing of Residents
• Mr. Robert Brockman, 1000 Elbel Road, who requested updated information regarding
the failing retaining wall in Woodland Oaks. Mr. Kessel stated that Director of
Development Services Brian James would provide updated information. Mr. James came
forward and stated that staff is currently looking at the retaining wall and should have
some information about the status shortly.
• Ms. Maggie Titterington, Schertz Chamber President who provided information on the
Chamber's recent and upcoming events.
Consent Azenda Items
Mayor Carpenter recognized Councilmember Fowler who requested agenda item 4 be removed
for separate action.
1. Minutes - Consideration and/or action regarding the approval of the minutes of the
Special Meeting of December 5, 2014, and the Regular Meeting of December 9, 2014. (J.
Kessel/B. Dennis)
2. Ordinance No. 14 -T -49 — Consideration and/or action approving an Ordinance by the
City Council of the City of Schertz, Texas authorizing a budget adjustment to the Park
Fund (317) for the Pickrell Park ADA Project in the amount of $32,405.00. (Final
Reading) (B. James/K. Woodlee /C. VanZandt)
ORDINANCE NO. 14 -T -49
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO THE PARK FUND
(317) IN THE AMOUNT OF $32,405.00; REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND
PROVIDING AN EFFECTIVE DATE
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3. Resolution No. 14 -R -104 — Consideration and/or action approving a Resolution
Authorizing an Interlocal Agreement with Comal County Emergency Services District
No. 6. (J. Bierschwale/D. Wait)
RESOLUTION NO. 14 -R -104
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT WITH COMAL
COUNTY EMERGENCY SERVICES DISTRICT NO. 6, AND OTHER
MATTERS IN CONNECTION THEREWITH
5. December 23, 2014, December 30, 2014 - Cancellation of December 23, 2014 and
December 30, 2014, City Council meetings. (Staff)
Mayor Carpenter recognized Councilmember Edwards who moved, seconded by
Councilmember Azzoz to approve consent items 1, 2, 3, and 5. The vote was unanimous
with Councilmembers Fowler, Azzoz, Edwards, and Thompson voting yes and no
one voting no. Mayor Pro -Tem John was absent. Motion passed.
Discussion and Action Item
4. Resolution No. 14 -R -106 — Consideration and/or action approving a Resolution Creating
and Providing 2015 Funding to the Hal Baldwin Scholarship, and appointing members of
the 2015 Hal Baldwin Scholarship Committee. (J. KesselB. Cantu)
RESOLUTION NO. 14 -R -106
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS CREATING AND PROVIDING 2015 FUNDING TO' THE HAL
BALDWIN SCHOLARSHIP, AND APPOINTING MEMBERS OF THE 2015 HAL
BALDWIN SCHOLARSHIP COMMITTEE, AND RESOLVING OTHER
MATTERS IN CONNECTION THEREWITH
Mayor Carpenter recognized Chief of Staff Bob Cantu who introduced this item stating
that the Resolution approves the 2015 Funding and the appointment of the 2015 Hal
Baldwin Scholarship Committee. Mr. Cantu stated Staff recommends the following
advisory committee be appointed for 2015: Don Taylor, Syd Verinder, Cedric Edwards,
Reginna Agee, Michael Spain and Susan Beck.
Mayor Carpenter recognized Councilmember Fowler who moved, seconded by
Councilmember Edwards to approve Resolution No. 14 -R -106. The vote was
unanimous with Councilmembers Fowler, Azzoz, Edwards, and Thompson voting
yes and no one voting no. Mayor Pro -Tem John was absent. Motion passed.
Mayor Carpenter moved to agenda item 14.
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14. Resolution No. 14 -R -107 — Consideration and /or action approving a Resolution
authorizing an Agreement with Schertz Chamber of Commerce. (J. KesseI/B. Cantu)
RESOLUTION NO. 14 -R -107
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING AN AGREEMENT WITH SCHERTZ CHAMBER OF
COMMERCE, AND OTHER MATTERS IN CONNECTION THEREWITH
Councilmember Robin Thompson recused himself and left the dais as he had a conflict of
interest with this item as he is employed with the Chamber.
Mayor Carpenter stated in April of 2010, the City entered into an Agreement with the
Schertz Chamber of Commerce and subsequently amended and restated the Agreement in
May 2011. The contract has been reviewed by the City Attorney.
The contract amount is nearly the same as the previous agreement. However, the contract
is more clearly structured to properly account for Hotel Occupancy Tax expenditure
requirements per the City Attorney's review.
The main service being provided to the City is a Visitor Center and associated services.
The cost for this is less than if the City provided those same services with a new
employee. Additionally, the Chamber is well suited to provide generally related services
such as support and good will for our four hotels and to act as ambassadors as may be
needed when visitors come into our city. The secondary products that are being provided
are a visitor's guide and area map with attractions. These products are produced at a
lower cost than what the city could produce them for as well.
The proposed contract provides improved financial safeguards and reporting. For
example, the City only pays for services already received under the new contract.
Additionally, the contract has built in flexibility to add to or subtract from the services
within the five year window, in case the City's needs change over time. Hotel Occupancy
Funds are currently budgeted with an annual impact not to exceed $55, 500 for fiscal year
2014/2015.
Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by
Councilmember Edwards to approve Resolution No. 14 -R -107. The vote was
unanimous with Councilmembers Fowler, Azzoz, and Edwards voting yes and no
one voting no. Councilmember Thompson had recused himself and did not
participate. Mayor Pro -Tem John was absent. Motion passed.
Councilmember Robin Thompson returned to the dais.
Mayor Carpenter moved to agenda item 8.
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8. Ordinance No. 14 -S -50 — Conduct a public hearing for consideration and/or action on a
request to rezone approximately 2 acres of land from Predevelopment District (PRE) to
Single Family Residential/ Agriculture District (RA). The property is more specifically
described as a tract of land out of the Julian Diaz Survey No. 66, Abstract No. 187, City
of Schertz, Bexar County, Texas; generally located eight hundred and fifty feet (850')
east of the intersection of FM 1518 and Lower Seguin Road. (First Reading) (B.
James/B. Cox)
ORDINANCE NO. 14 -S -50
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AMENDING THE OFFICIAL ZONING MAP BY ZONING
APPROXIMATELY 2 ACRES OF LAND FROM PREDEVELOPMENT
DISTRICT (PRE) TO SINGLE FAMILY RESIDENTIAL /AGRICULTURE (RA).
Mayor Carpenter recognized Planner 1 Bryce Cox who introduced this item stating the
applicant is proposing to rezone approximately 2 acres of land from Predevelopment
District (PRE) to Single Family Residential/ Agriculture District (RA). The subject
property is located at 12424 Lower Seguin Road, and is part of a larger 13 acre tract. The
applicant has indicated that the primary reason for the proposed rezoning is to construct a
single family home on the 2 acres, which is located at the rear of the property. The 2 acre
tract is currently undeveloped. The remainder of the 13 acre tract is currently used for a
commercial business.
The public hearing notice was published in "The Daily Commercial Recorder" on
November 24, 2014 and the "Herald" on November 26, 2014. Seven (7) public hearing
notices were mailed to surrounding property owners within two hundred (200) feet of the
subject property on November 6, 2014. Staff received one (1) response in favor of the
request.
Staff reviewed the request for conformance with the Comprehensive Land Plan and
Future Land Use Plan (FLUP). The FLUP designates the subject property as Estate
Neighborhood which is defined as Residential Agriculture District (RA) base zoning with
single - family residential uses only.
• Comprehensive Plan Goals and Objectives: The proposed rezoning request is
generally in conformance with the goals and objectives of the Comprehensive Plan.
In particular, the proposed zone change is consistent with the proposed single - family
residential use for Estate Neighborhood.
• Impact of Infrastructure: The proposed zoning should have a minimal impact on
the existing and planned water and wastewater systems. The site is adjacent to Lower
Seguin Road which is designated as a proposed 60 foot right -of -way on the Master
Thoroughfare Plan.
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• Impact of Public Facilities /Services: The proposed rezoning request should have
minimal impact on public services, such as schools, fire, police, parks and sanitation
services.
• Compatibility with Existing and Potential Adjacent Land Uses: The subject
property is currently surrounded by undeveloped land, single family residential and
agriculture uses which is currently consistent with the Comprehensive Land Use Plan
and the proposed land use of single family residential. There is no fiscal impact.
Mayor Carpenter opened the public hearing, and as no one spoke, closed the public
hearing and took questions from Council.
Mayor Carpenter recognized Councilmember Edwards who moved, seconded by
Councilmember Fowler to approve Ordinance No. 14 -5 -50 on first reading. The vote
was unanimous with Councilmembers Fowler, Azzoz, Edwards, and Thompson
voting yes and no one voting no. Mayor Pro -Tem John was absent. Motion passed.
Mayor Carpenter moved to agenda item 13.
13. Charter Review Commission Appointment — Discussion and consideration and/or
action appointing a Member to the FY 2014/15 Charter Review Commission, filling the
vacant position of Mr. Robin Thompson. (B. Dennis/Mayor /Council)
Mayor Carpenter stated at the November 18, 2014 City Council meeting Council
appointed Mr. Robin Thompson as one of the five (5) citizens to serve on the Charter
Review Commission.
On December 9, 2014, City Council appointed Mr. Robin Thompson to the vacant Place
5 City Council position. Councilmember Thompson attended the first Charter Review
Commission meeting on December 11, 2014, and indicated that it would be appropriate
to recuse himself from serving on the Commission and asked that Council consider
appointing another citizen to the Commission.
The following applications were received during the appropriate time and were not
appointed. Each citizen has been contacted and has indicated that they are still willing to
serve:
Mr. Richard Dziewit, Mrs. Jana Volitis, Mrs. Betty Sinclair
City Council may also submit additional individuals for consideration at this time. After
Council has appointed a new Commission Member, a letter will be prepared regarding
their appointment with a date and time in which the next meeting will be held.
Mayor Carpenter recognized Councilmember Thompson who moved, seconded by
Councilmember Edwards to appoint Jana Volitis to the Charter Review Commission. The
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vote was unanimous with Councilmembers Fowler, Azzoz, Edwards, and Thompson
voting yes and no one voting no. Mayor Pro -Tem John was absent. Motion passed.
Mayor Carpenter moved to agenda item 6.
6. Ordinance No. 14 -B -48 - Consideration and approval of an Ordinance by the City
Council of the City of Schertz, Texas authorizing the issuance of "City of Schertz, Texas
Tax Notes, Series 2015 ", levying an annual ad valorem tax, within the limitations
prescribed by law, for the payment of the obligations; prescribing the form, terms,
conditions, and resolving other matters incident and related to the issuance, sale, and
delivery of the obligations; authorizing the execution of a Paying Agent/Registrar
Agreement and a Purchase and Investment letter; complying with the letter of
representations previously executed with the depository trust company; authorizing the
execution of any necessary engagement agreements with the City's Financial Advisors
and /or Bond Counsel; and providing an effective date. First & Final (J. Kessel/M.
McLiney /A. Friedman)
ORDINANCE NO. 14 -B -48
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING THE ISSUANCE OF "CITY OF SCHERTZ, TEXAS
TAX NOTES, SERIES 2015 ", LEVYING AN ANNUAL AD VALOREM TAX,
WITHIN THE LIMITATIONS PRESCRIBED BY LAW, FOR THE PAYMENT
OF THE OBLIGATIONS; PRESCRIBING THE FORM, TERMS, CONDITIONS,
AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE
ISSUANCE, SALE, AND DELIVERY OF THE OBLIGATIONS; AUTHORIZING
THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT AND A
PURCHASE AND INVESTMENT LETTER; COMPLYING WITH THE LETTER
OF REPRESENTATIONS PREVIOUSLY EXECUTED WITH THE
DEPOSITORY TRUST COMPANY; AUTHORIZING THE EXECUTION OF
ANY NECESSARY ENGAGEMENT AGREEMENTS WITH THE CITY'S
FINANCIAL ADVISORS AND /OR BOND COUNSEL; AND PROVIDING AN
EFFECTIVE DATE
Mr. McLiney with Southwest Securities, the City's financial advisor, has been working
with City staff to determine the optimum borrowing structure and term to fund the City's
purchase of various vehicles and equipment including ambulances. Mr. McLiney
conducted a competitive bidding process for potential purchasers to submit their best bid
prior to the Council meeting. Mr. McLiney stated the bid was awarded to local Frost
Bank with an interest rate of 1.75 %.
FISCAL IMPACT
The ambulances and equipment will be paid from the EMS Fund, Water & Sewer Fund,
Drainage Fund, and General Fund. The debt service for the purchase of the ambulances
and equipment was approved in the FY 2014 -15 budget. Mr. McLiney addressed
questions from Council.
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Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by
Councilmember Fowler that the City Council adopt an Ordinance authorizing the
Issuance of "City of Schertz, Texas Tax Notes, Series 2015 ". The vote was unanimous
with Councilmembers Fowler, Azzoz, Edwards, and Thompson voting yes and no
one voting no. Mayor Pro -Tem John was absent. Motion passed.
Mayor Carpenter moved to agenda item 7.
7. Annexation - Conduct a Public Hearing to consider and discuss a petition by Cibolo
Creek Municipal Authority, for voluntary annexation for approximately 69.111 acres,
located on Trainer Hale Road, approximately 1500 feet north of I -10, all in Bexar County
Texas, located at 7720 Trainer Hale Road. (Second Public Hearing) (B. James/L. Wood)
Mayor Carpenter recognized Senior Planner Lesa Wood who introduced this item stating
in 2010 the City of San Antonio released 3,486 acres of its Extraterritorial Jurisdiction
(ETJ) to the City of Schertz. City Council accepted the area into the City of Schertz ETJ
and started the annexation proceedings. As part of the annexation proceedings a majority
of the parcels located within the released area signed delayed annexation development
agreements with the City in accordance with Texas Local Government Code (LGC)
Section 43.035 and 212.172. The subject property has an executed delayed annexation
development agreement with the City of Schertz.
Cibolo Creek Municipal Authority has submitted a petition for voluntary annexation to
the City of Schertz for a 69.111 acre tract of land. The subject property is located
approximately 1500 feet north of I -10 and is located in Bexar County Texas, located at
7720 Trainer Hale Road. Currently, the subject property is located in the Extraterritorial
Jurisdiction (ETJ) of the City of Schertz and located in the Schertz - Cibolo- Universal
Independent School District.
In accordance with Texas Local Government Code (LGC), The City Council will conduct
two (2) public hearings regarding a voluntary petition for annexation on December 9,
2014 and December 16, 2014 at the regular City Council meetings. The first reading
regarding the ordinance for the petition for annexation will be considered on January 6,
2015 and final reading considered on January 13, 2015. A public hearing notice was
published in "The Daily Commercial Recorder" on November 26, 2014 and the "Herald"
on December 3, 2014 for the two required public hearings.
The subject property, if annexed, will be considered for zoning concurrently with the first
and final reading of the Ordinance. The zoning request will encompass the same land
contained within the annexation petition. The applicant has requested to zone the subject
property Public Use District (PUB) which is intended to identify and provide for land
owned or may be owned by the City, County, State or Federal Government or the School
District; land that has been dedicated to the City for public use such as parks and
recreation, and land designated and dedicated to the City as a greenbelt. On November
19, 2014 the Planning and Zoning Commission recommended that the property in
accordance with Texas Local Government Code (LGC) Chapter 43 the City must provide
services to the land on the effective date of the annexation. While some services are
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provided to the subject property through Interlocal Agreement the City of Schertz must
provide police protection, fire protection, emergency medical services, operation and
maintenance of streets, solid waste collection and sewer service. Water service is
provided by Green Valley Special Utility District. Staff will recommend approval of the
petition for voluntary annexation. Mayor Carpenter opened the public hearing and as
no one spoke, closed the public hearing. No Action taken.
Workshop
• Discussion of Building Repair Projects. (B. James/P. Gaudreau)
Mayor Carpenter recognized Executive Director of Development Services Brian James
who stated that city staff, along with Owner's Representative Phil Gaudreau, have been
going through some of the issues we are experiencing at various city buildings. An
example is the Recreation Center, where some of the window repair bids came in rather
high. Mr. Gaudreau stated that there are three buildings that are the focal point(s): 1) Fire
Station No. 2, 2) the Administration Building, and 3) the Recreation Center. The
recreation building problems are with the windows (curtain wall glass); Fire Station No. 2
has water penetration at multiple planes and points, which is a shared problem with the
Administration Building. The city has engaged OCOR Architects to follow -up on a study
that was done last year to identify the cause of these problems. They are a combination
of a lack of water proofing behind the stone bands that are common to both buildings.
There is also missing flashing in many locations. The architect is recommending the
removal of the exterior cladding of each building and rebuilding that system. We need to
decide what material to use for this, such as stucco, stone or brick. Plans are currently
being developed. Mr. Gaudreau continued by answering specific questions from council.
Although this project is still developing, a few cost estimates are: 1) fire station repairs
are around $250,000, 2) the administration building is around $300,000, and 3) the
recreation center came in around $825,000 (from only one bid, which we already
rejected). Mr. Gaudreau stated they are almost two or three months away from having a
design solution and at that time they will have much better information. City Manager
John Kessel stated it is extremely prudent for us to address this issue to ensure the long
term use of these buildings. We will identify the funds and plug this in to our 30 year
bond capacity analysis. Mr. James added that they would be coming back in a few weeks
to provide council a total `savings' figure regarding all the recent projects Mr. Gaudreau
has overseen which includes the soccer fields and animal adoption center.
Mayor Carpenter moved to agenda item 9.
9. Resolution No. 14 -R -101— Consideration and/or action approving a Resolution
authorizing a modification to the existing Construction Contract for the Renovation of the
Existing Soccer Fields and Construction of a New Concession Building and Parking Lots
and Associated Support Systems. (J. Kessel/B. James/P. Gaudreau)
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RESOLUTION NO. 14 -R -101
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING A MODIFICATION TO THE EXISTING
CONSTRUCTION CONTRACT FOR THE RENOVATION OF THE EXISTING
SOCCER FIELDS AND CONSTRUCTION OF A NEW CONCESSION
BUILDING AND PARKING LOTS AND ASSOCIATED SUPPORT SYSTEMS
AND OTHER MATTERS IN CONNECTION THEREWITH
Mayor Carpenter recognized Owners Representative Phil Gaudreau who introduced this
item stating this item is to modify the existing contract with Alpha Building Corporation
to increase the contract amount from $3,633,519.00 to $3,648,202.87, plus a City
controlled contingency of $10,000.00, bringing the not -to- exceed amount to
$3,658,202.87. In the initial contract negotiations the electrical transformer was excluded
from the Contract and was to be provided and installed by the City. Due to cost savings
realized in the course of the project, the transformer was added to the Scope of Work in
order to place it under the Contractor's warranty period including installation of the
underground wiring. The amount of Change Order Number 005 is the amount required to
increase the capacity of the transformer to be capable of supporting any and all future
field lighting at the site.
The community will benefit from having the ability to install future playing field lighting
without having to upgrade or replace or add additional transformers in the future to
accept the additional lighting. Reasons for contract modifications are to increase the
capacity of the transformer in order to provide electricity for future field lighting. Funds
for this will be from the 2010 Bond for the Athletic Fields.
Mayor Carpenter recognized Councilmember Edwards who moved, seconded by
Councilmember Thompson to approve Resolution No. 14 -R -101. The vote was
unanimous with Councilmembers Fowler, Azzoz, Edwards, and Thompson voting
yes and no one voting no. Mayor Pro -Tem John was absent. Motion passed.
10. Resolution No. 14 -R -102 — Consideration and/or action approving a Resolution
authorizing a contract with M2 Federal, Inc., related to the Pickrell Park ADA Walkway
Project. (B. James/K. Woodlee /C. VanZandt)
RESOLUTION NO. 14 -R -102
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING A CONTRACT WITH M2 FEDERAL, INC. RELATED
TO THE PICKRELL PARK ADA WALKWAY PROJECT AND OTHER
MATTERS IN CONNECTION THEREWITH
Mayor Carpenter recognized Director of Development Services Brian James and Parks
Manager Chuck VanZandt who introduced this item stating the City desires to construct
1,740 linear feet of sidewalk within Pickrell Park, with an emergency vehicle access and
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a passenger loading area, 80 feet long, off of Aero Avenue, and an emergency vehicle
access point at the Poplar Street pavilion. Currently, no sidewalks exist in Pickrell Park.
City Council approved an application for a grant from the Community Development
Block Grant Program (CDBG) with Bexar County in February 2013 by Resolution 13 -R-
12. Approval of the City -match grant was received on June 24, 2014 in the amount of
$61,884. Per requirements of the Grant, the City is required to match 50% of the funds.
Four bids were received on November 6, 2014. Review and tabulation of the bids
indicate that M2 Federal, Inc. is the low bidder with a Base Bid of $112,594 and Additive
Alternate 1 Bid of $23,214 with two irregularities. A clerical error by the bidder in the
tabulation of the total cost for the project and some unit prices in figures did not match
the written unit price. The revised low bid cost is $121,844 with an Additive Alternate 1
of $23,214. Staff concurs with the recommendation from Ford Engineering, Inc. to hire
M2 Federal, Inc. with a base bid of $121,844 and an Additive Alternate #1 of $23,214 for
a total construction cost $145,058.
Pickrell Park ADA Walkwav Budeet
Engineering
$9,115
Construction
$145,058
Legal
$500
Advertising
$500
Other Prof. Services
$1,000
Project Total
$156,173
CDBG Grant
$ 61,884
City Responsibility $94,289
CDBG requires the City to pay invoices and then submit for reimbursement. The total
reimbursement to be received by the CDBG Grant is $61,884. The cost of the project is
higher than the 50% match grant from CDBG. The City opted to proceed with Additive
Alternate #1 to extend the sidewalk to a wider width. The funds from CDBG will remain
the same at $61,884; the City has set aside the matching $61,884 in a project account.
The remaining of the monies will be paid from the Parkland Dedication Fund in the
amount of $32,405.
Staff recommends Council approve hiring M2 Federal, Inc. in the amount of $135,808 for
the Pickrell Park ADA Walkway Project.
At the December 9 City Council meeting, the possibility of adding a pedestrian bridge
over the drainage channel was discussed. Staff is working on a possible submittal for an
additional CDBG grant to construct a looped trail on the other side of the drainage
channel and will evaluate including a bridge in that submittal. The fact that the park is in
the floodplain creates a challenge in constructing structure like a bridge that may make
this difficult.
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FISCAL IMPACT
Construction costs total $145,058 with the total cost of the project totaling $156,173.
The project was originally to be funded 50% by the CDBG Grant and 50% from the
Parkland Dedication Fund. However, due to decision to exercise the Add Alternate #1,
the City will be responsible for an amount not to exceed $94,289 to be paid for from the
CDBG Matching Grant Project Account and the Parkland Dedication Fund. CDBG will
contribute the remaining $61,884. On December 9, 2014 Council approved Ordinance
14 -T -49 allocating the additional $34,405 for the project. Final Reading is scheduled for
December 16, 2014.
Mayor Carpenter recognized Councilmember Edwards who moved, seconded by
Councilmember Azzoz to approve Resolution No. 14 -R -102. The vote was unanimous
with Councilmembers Fowler, Azzoz, Edwards, and Thompson voting yes and no
one voting no. Mayor Pro -Tem John was absent. Motion passed.
11. Resolution No. 14 -R -103 - Consideration and/or action approving a Resolution
Approving an Interlocal Agreement between the City of Schertz, Texas and the Schertz-
Cibolo- Universal City Independent School District regarding a Roadway and Bridge. (B.
James/K. Woodlee /C. VanZandt)
RESOLUTION NO. 14 -R -103
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY
OF SCHERTZ, TEXAS AND THE SCHERTZ- CIBOLO- UNIVERSAL CITY
INDEPENDENT SCHOOL DISTRICT REGARDING A ROADWAY AND
VEHICULAR AND PEDESTRIAN BRIDGE AND OTHER MATTERS IN
CONNECTION THEREWITH
Mayor Carpenter recognized City Engineer Kathy Woodlee who introduced this item
stating the City and the School District have discussed the need for an additional exit
from both the Samuel Clemens Parking Lot and the City Ball Fields Parking Lot. This
additional exit is needed for both patrons to sporting events as well as emergency vehicle
traffic. An example of this need was experienced on Friday, December 6, during the
City's Festival of Angels.
The 2010 Bond Proposition 2 provides $6,000,000 for baseball and soccer fields and
associated parking, restroom and concession facilities. In order to provide for the required
parking for the baseball fields, the proposal is to construct a vehicular and pedestrian
bridge across the drainage channel and enter into a shared parking agreement to allow the
user of the baseball complex to utilize school parking. This would also allow patrons of
the high school football games to park in the City parking lots.
The City and the School District are entering into an Interlocal Agreement regarding the
construction of a Drainage Channel Crossing Improvement Project in the form of a
pedestrian and vehicular bridge to create the additional exit for both the Samuel Clemens
12 -09 -2014 Minutes Page - 13 -
Parking Lot and the City Ball Fields Parking Lot. The School District will provide funds
not to exceed the amount of $80,000 for the construction of the bridge. $40,000 is
available from the 2010 Bonds and the balance will be used from the Drainage Funds to
construct the Drainage Channel Crossing Improvement Project. The City will be
responsible for hiring a consultant for Engineering and Design as well as manage the
project from start to fmish. The conceptual design includes a bridge constructed from flat
rail cars that are able to sustain the weight of both vehicular and pedestrian traffic.
Estimated Project Costs:
GeoTech Testing $5,000
Engineering and Design: $9,600
Bridge Construction $150,000
Roadway $47,000
Contingency $42,320
Total Project Cost $253,920
SCUCISD Contribution $ 80,000
2010 Bond for Ball field Parking $ 40,000
Drainage Fund $133,920
If the estimated costs increase above the projected amount based on the engineering
design or during the construction procurement process, the agreement includes a
provision for the City to terminate the agreement.
The goal is to enter into an Interlocal Agreement with Schertz- Cibolo - Universal City
School District for the construction of a Drainage Channel Crossing Improvement Project
in the form of a pedestrian and vehicular bridge and roadway to connect the Samuel
Clemens and the City Ball Fields Parking Lots.
Total Construction Cost is $253,920 for the Design and Construction of the Bridge and
Roadway. The School District will contribute $80,000 to the project and $40,000 will be
used from the remaining 2010 Quality of Life Bond. The remaining balance of
approximately $133,920 for the Drainage Channel Crossing Improvement Project will be
paid for by the FY 2014 -15 Drainage Fund Budget.
Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by
Councilmember Edwards to approve Resolution No. 14 -R -103. The vote was
unanimous with Councilmembers Fowler, Azzoz, Edwards, and Thompson voting
yes and no one voting no. Mayor Pro -Tem John was absent. Motion passed.
12. Resolution No. 14 -R -105 — Consideration and/or action approving a Resolution
Authorizing a Professional Services Agreement with Wiginton Hooker Jeffry PC
Architects related to the City Wide Facilities Master Plan Project. (J. KesselB. James)
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RESOLUTION NO. 14 -R -105
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH
WIGINTON HOOKER JEFFRY PC ARCHITECTS RELATED TO THE CITY
WIDE FACILITIES MASTER PLAN PROJECT AND OTHER MATTERS IN
CONNECTION THEREWITH
Mayor Carpenter recognized Public Works Coordinator Cindy Raleigh who introduced
this item stating the City publicly requested qualifications from firms to provide
Architectural/Engineering and evaluate services necessary to complete a City -Wide
Facilities Master Plan in July 2014.
The Facilities Master Plan will address near term needs (3 -5 years) as well as projecting
needs for a population at build out of 75,000. The Plan will include the near term need of
a site selection study and concept for a Fire Station in Southern Schertz, projected needs
for Fire Station(s) in Northern Schertz, and the recommendation on best utilizing the
City's current office and space demands at:
• Hal Baldwin Municipal Complex (all buildings, all departments)
• Emergency Services (all stations and substations)
• Public Works (all buildings, all divisions)
• Senior Center
The City -Wide Facilities Master Plan Outcome will include:
• Strategic near term recommendation for facility utilization based on population build -out
• Long term goals and benchmarking for facilities planning
• Recommendation of critical adjacencies -by facility and campus area
• Facility Assessment — based on information and base condition of all facilities
• Prioritization of Recommendations for future construction, reconstruction and property
purchase
• Cost analysis and financing options or directional recommendations
• Provide comments and analysis on the City's ability to own or lease additional facilities
The City received six responses to the RFQ and key City Staff reviewed the submissions
and met to determine the top three firms to interview. Interviews were conducted in late
August and, after review of scoring, the City contacted Wiginton Hooker Jeffry PC
Architects (WHJ) for negotiations of a contract regarding the Facilities Master Plan.
Final negotiations with WHJ were held in November and the City is ready to proceed
with approval of the contract.
WHJ has prepared a proposal to complete the plan and the task fees are as follows:
Master Plan Project: $111,390
South Fire Study: $ 18,750
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North Fire Study: No additional Fee
Total $130,140
As part of the bonds sold to purchase properties on Commercial Place, the City has
$95,000 set aside for the Facilities Master Plan. Additionally, there is $50,000 budgeted
for the item for a grand total available funds of $145,000.
Staff recommends entering into a Professional Services Agreement with Wiginton
Hooker Jeffry PC Architects in the amount of $130,140.
Staff recommends Council approve entering into a Professional Services Agreement with
Wiginton Hooker Jeffry PC Architects in the amount of $130,140 for the City -Wide
Facilities Master Plan Project. The cost of the project is $130,140 to be paid for from the
Master Plan Study Project Account.
Mayor Carpenter recognized Councilmember Edwards who moved, seconded by
Councilmember Fowler to approve Resolution No. 14 -R -105. The vote was unanimous
with Councilmembers Fowler, Azzoz, Edwards, and Thompson voting yes and no
one voting no. Mayor Pro -Tem John was absent. Motion passed.
15. Employee Compensation — Discussion and possible action regarding the City's
Employee Compensation Plan. (J. Kessel /Council)
Mayor Carpenter recognized Councilmember Thompson who stated he had three
questions he would like to get clarification on from Councilmember Azzoz. Those
questions are: 1) How did you come up with a premise that our city employees are
underpaid, particularly the bottom 40 percent; what other home rule cities or private
sectors did you use as a comparison study to our size city? 2) How did you arrive at your
stated premise that pulling $200,000 from the training budget fully funds your 15 percent
proposed pay raise as opposed to the 5.3 percent that it does? 3) Where do you propose
from the 2015 budget to come up with the additional $480,000 over and above the
original $200,000 that would cost the city to grant your proposed 15 percent pay raise to
the bottom 40 percent employees? 4) Have you calculated the legacy costs of your
proposed pay raise on future city budgets beyond 2015 budget and how would you
propose to pay for those increased legacy costs as well?
Councilmember Azzoz stated he would sum it up this way; we have $300,000 already set
in the budget. He proposes you start with the bottom 40 percent of the employees to get
some of them to the normal industry average. He stated he has called other cities to
gather information regarding their pay scales for comparison.
City Manager John Kessel stated he feels it is his intuition that we may be underpaid as
well as Mr. Azzoz's. Mr. Azzoz agreed. Previous telephone comparisons have indicated
various positions may be $143 underpaid. His primary concern is that if we don't have a
thorough understanding of what the job duties are that are performed we may be missing
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the mark. The classification part of the study is critical for determining appropriate
compensation.
Councilmember Azzoz stated employees have to be able to make a living. Pay them
fairly and they will be loyal workers. He would like to make a motion and get a second to
propose spending the already appropriated $300,000 and turn it over to City Manager
John Kessel to begin forming a plan to distribute it out to the employees. Councilmember
Thompson stated he still has not had his question answered which is, has Mr. Azzoz
considered the legacy cost of his proposed raises on future city budgets. Councilmember
Azzoz replied he has done budgets in the past and like city budgets you project income
and come as close as you can and match it against expenses. You make a better
employee by paying them well and retaining them.
Council discussion followed regarding the impact of a 15 percent raise for the full staff
with and without management, which would negatively impact our future budgets and
reserve fund. The cost would be around 1.8 to 2.0 million dollars annually, resulting in us
either having to raise taxes (by 6 to 8 cents) or cut significant programs.
Council asked Human Resource Director Joshua Smith to come forward and provide
more information on the classification and compensation study we want to do. Mr. Smith
stated it is essential to match `apples to apples' when studying the job types (roughly 120
different positions). This will be time intensive and could take as little as four months or
as much as six months. A panel will meet this week to find a vendor to work with us and
contract with them by January 2015. Industry practices recommend you budget 3 to 4
percent of your base payroll (for us, the City, that is $750,000 to $1 million) just to get
this study off the ground. To maintain this, two percent budgeting per year (for merit
raises) over time is not going to be enough —you are looking at 4 to 5 percent. After
working through the RFQ's we will bring the final selection of a firm before council for
authorization to get this moving. Annual Merit increases will still be tied to our
evaluation process and is not included in what we are discussing here. There are always
challenges, but this study is really important and beneficial for the city. It is also
important to have an external vendor with an unbiased perspective.
Councilmember Fowler asked how much money is generally left over from our training
budget at the end of the year. City Manager John Kessel replied it has averaged about
$60,000 - $62,000 per year that is left unspent. Councilmember Azzoz stated we have
$300,000 that we can spend today and he wants to make that motion to give the money to
City Manager John Kessel to distribute it to the lowest paid portion of the staff.
More discussion continued between council and staff to clarify the following: 1) the
appropriation of funds for implementing the study, 2) money appropriated for action (pay
raises) after the study is completed, and 3) the benefits of waiting for the study results to
guide management in the fairest distribution to city employees of the allocated funds.
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Mayor Carpenter summarized by stating that he had a motion on the floor to
authorize the City Manager to expend the $300,000 and not wait for the completion
of the classification and compensation study. The motion failed for lack of a second.
Roll Call Vote Confirmation
Deputy City Secretary Donna Schmoekel provided the roll call vote information for agenda
items 1 through 15.
Requests and Announcements
16. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
Mayor Carpenter recognized City Manager John Kessel who stated that this is the last
Council meeting of the year and wished everyone a Merry Christmas and a Happy New
Year.
17. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
Mayor Carpenter recognized Councilmember Fowler who requested a plan come forward
to Council to fix the acoustics in the Council Chambers. City Manager John Kessel
stated that he will provide an update.
Mayor Carpenter requested staff place the Council's Rules of Conduct Procedures and
Code of Ethics on a future agenda sometime in January. Councilmember Edwards also
requested that the Council's Code of Ethics be brought back in January.
18. Requests by Mayor and Councilmembers to City Manager and Staff for information.
No information requested.
19. 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
12 -09 -2014 Minutes Page -18 -
Mayor Carpenter recognized Councilmember Fowler who stated he attended the
following:
• Tuesday, December 16, 2014, Retirement Celebration for Assistant Fire Chief
Glen Outlaw.
Councilmember Fowler stated that even though they did not vote on Councilmember
Azzoz's proposal earlier, it showed a deep desire, and the dialog they have had represents
this Council as we can disagree respectfully. He believes there is still room for
discussion.
Councilmember Fowler stated that he was glad to see Human Resource Director Josh
Smith back and wished everyone a safe holiday.
Mayor Carpenter recognized Councilmember Azzoz who stated last week the folks with
Operation Comfort presented the winner of their 1965 Cobra Kit car to Mary Warren. He
stated that over 500 raffle tickets were sold to benefit the Operation Comfort program,
collecting $50,000. Councilmember Azzoz stated that Ms. Warren gave the car back to
be re- raffled off next year.
Councilmember Azzoz also wished everyone a Merry Christmas.
Mayor Carpenter recognized Councilmember Edwards who also wished everyone a
Merry Christmas and a Happy New year. He also requested that those members of
Council please complete the profile information from Davis Solutions.
Mayor Carpenter recognized Councilmember Thompson who thanked everyone.
Mayor Carpenter commented on the retirement celebration today for Assistant Fire Chief
Glen Outlaw and on behalf of the Council and City Staff wished everyone a Merry
Christmas and Happy New Year.
Adi ournment
Meeting was adj ourned at 9:14 p.m.
ATTEST:
S n
Brenda Dennis, City Secretary
12 -09 -2014 Minutes
Page - 19 -
'Michael R. Carpenter, Mayor