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07-28-09MINUTES REGULAR MEETING July 28, 2009 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on July 28, 2009 at 6:30 p.m., in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to -wit: Mayor Hal Baldwin Councilmember David Scagliola Councilmember Tony Wilenchik Staff Present: City Manager Don Taylor Assistant City Manager David Harris CALL TO ORDER REGULAR MEETING Mayor Pro -Tem Jim Fowler Councilmember John Trayhan Councilmember Michael Carpenter Assistant City Manager John Bierschwale City Secretary Brenda Dennis Mayor Baldwin called the meeting to order at 6:30 p.m. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS 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 State of Texas. HEARING OF RESIDENTS No one spoke. PRESENTATION • Proclamation recognition to Mayor Pro -Tem Jim Fowler and wife Patsy celebrating 50 Years of Marriage. Mayor Baldwin recognized and presented a proclamation to Mayor Pro -Tem Jim Fowler and wife Patsy for 50 years of marriage. • Letter of appreciation to EMS Employees (Mayor /T. Wilenchik) Mayor Baldwin recognized Councilmember Wilenchik who asked Mayor Baldwin to read a letter publically recognizing Matt Tronsoso, James Busch, Terry Aikman, Clint Williams, Dudley Wait, and Jesse Ruiz. In the letter, it stated, "that the week of July 14, 2009 he required emergency medical assistance. The City's EMS; Fire and Rescue units responded and transported him to BAMC. Councilmember Wilenchik stated that throughout his 8 -year tenure on the City Council, he has listened to stories about EMS and their professionalism in dealing with our citizens, 7 -28 -09 Minutes he has voted on budgets, written off charges, joked about the cost of their toys and other equipment, and otherwise found ways to participate in the banter surrounding Dudley Wait and his crews. I can now tell you how important these people are to our City. He is totally impressed with the treatment provided and the professional actions of the personnel involved. Councilmember Wilenchik stated, "these professionals need to realize how important they are and how they contribute to our City's mission statement: "To be a community in which all aspire to live." Councilmember Wilenchik thanked each one for their response and presented each with a copy of the letter. Discussion and/or Action Items 1. Interactive Web Applications — General discussion and possible action regarding information on Interactive Web Applications. (T. McFalls) (Requested by Mayor Pro -Tern Fowler) Mayor Baldwin recognized GIS Technician Tony McFalls who introduced this item stating the City of Schertz Interactive Web Application is now functioning for evaluation and testing purposes. Mr. McFalls demonstrated the public link that is now active on the Map /GIS web page. Mr. McFalls stated many of the tools are similar to ones available on commercial sites such as MapQuest or Google Maps. The GIS Department is currently in the process of developing a "tutorial page" that will describe the various functions in more detail. He stated the City is committed to improve the appearance, functionality, and content of the City's mapping application. Mayor and Council thanked Mr. McFalls for the update and demonstration. 2. Minutes — Discussion and consideration and /or action regarding the approval of the minutes of the July 21, 2009 regular meeting. Mayor Baldwin recognized Councilmember Trayhan who asked a question regarding the expenditures given on page 3 of minutes where it addresses the 2008 Schertz Fest, it identifies a general fund expenditure of $74,902 and a special events expenditure of $ 19,409 stating those expenditures are not included in the profit statement, is that correct? Assistant City Manager John Bierschwale answered with clarification for Councilmember Trayhan. The general fund expenditure of $74,902 and a special events expenditure of $19,409 were not included in calculating the profit statement of $10,673. Mayor Baldwin recognized Mayor Pro -Tem Fowler who moved, seconded by Councilmember Carpenter to approve the minutes of the regular meeting of July 21, 2009. Vote 4 -0 -1. Councilmember Trayhan abstained. Motion Carried. Ordinance No. 09 -D -30- Consideration and /or action approving an ordinance amending Section 86 -149 Parking prohibited at the south end of Fairlawn Avenue. Final Reading (L. Dublin) 7 -28 -09 Minutes Page - 2 - Mayor Baldwin recognized City Engineer Larry Dublin who stated there have been no changes to this item since first reading. Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Councilmembers Wilenchik and Scagliola to approve Ordinance No. 09 -D -30 on final reading. Vote was unanimous. Motion Carried. 4. Bid #09- PW- 25 -C -01 — Aviation Heights Water Line Phase II — Consideration and /or action awarding a bid to Lupe Rubio Co., Inc. for the Aviation Heights Water Line Phase II Project. (L. Dublin) Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item answering questions from Council. Mr. Dublin stated the City annually allocates funding for upgrading the water system in the older part of Schertz. The 2008 -2009 project was bid on July 9, 2009 with thirteen contractors submitting. A tabulation of the bids was attached showing the low bidder to be Lupe Rubio Co., Inc. with a base bid of $209,676.88 and an add alternate bid of $36,212.34. The total with the alternate is $245,889.22. Mr. Dublin stated as bid, the project consists of construction new water lines and relocation of services from the alleys to the street side. The add alternate would provide a looped connection between Exchange and Curtis. Mr. Dublin answered questions from Council. Mr. Dublin concurs with Ford Engineering recommendation that Council award the bid for the Aviation Heights Water Line — Phase II Project to Lupe Rubio Co., Inc., in the amount of $245,889.22. Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Mayor Pro -Tem Fowler to award a bid to Lupe Rubio Co., Inc. for the Aviation Heights Water Line Phase II project with a base bid of $209,676.88 and an add alternate bid of $36,212.34, for a total of $245,889.22. Vote was unanimous. Motion Carried. 5. Bid #09- PW- 25 -C -03 — Town Creek Sewer Force Main Project — Consideration and /or action awarding a bid to Pesado Construction Company for the Town Creek Sewer Force Main Project. (L. Dublin) Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item answering questions from Council. Mr. Dublin stated this is the second phase of the Town Creek Sewer Project consisting of Force Main Construction to bring sewer from the west side of IH 35 to the gravity line that was constructed in 2008. This project bid on July 9, 2009 with twenty (20) contractors submitting. A tabulation of the bids was attached showing the low bidder to be Pesado Construction Company with a base bid of $580,143.40. Alternate bids were taken 7 -28 -09 Minutes Page - 3 - for the use of HDPE pipe in lieu of PVC however; this would result in a higher unit price for the mains. As bid, the project consists of construction force main construction from the lift station to be constructed at Friezenhahn Road and FM 482 to the lift station to be constructed at the GBRA treatment plant site at FM 1103 and IH 35 and the force main from there to the new gravity line on Wiederstein Road. The City Engineer concurs with Ford Engineering Inc. recommendation that Council award the bid for the Town Creek Sewer Force Main Project to Pesado Construction Company in the amount of $580,143.40. Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by Councilmember Wilenchik to award the bid for the Town Creek Sewer Force Main Project to Pesado Construction Company in the amount of $580,143.40. Vote was unanimous. Motion Carried 6. Bid #09- PW- 25 -C -04 — Country Club Boulevard — Consideration and /or action awarding a bid to EZ Bell Construction, LLC, with a base bid of $577,082.60 and an "add alternate" bid of $48,780.00. (L. Dublin) Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item answering questions from Council. Mr. Dublin stated as part of the 2006 Street Bond Election, the City designated funding for the rehabilitation of Northcliffe Streets. The reconstruction of Country Club Boulevard is the first phase of this work. The project bid on July 9, 2009 with nine contractors submitting a tabulation of the bids was attached showing the low bidder to be EZ Bell Construction, LLC, with a base bid of $577,082.60 and an "add alternate" bid of $48,780.00. As bid, the project consists of construction of new sidewalks, hike and bike path, new curbs and a new pavement section. The add alternate would provide asphalt treated base in lieu of flex base under a portion of the pavement. Mr. Dublin stated it is not recommended that the alternate be considered. The City Engineer concurs with the Professional Engineering Design Group's recommendation that Council award the bid for the Country Club Boulevard Project to EZ Bell Construction, LLC., in the amount of $577,082.60. Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Councilmember Scagliola to award the bid for the Country Club Boulevard Project to EZ Bell Construction, LLC, in the amount of $577,082.60. Vote was unanimous. Motion Carried 7. Resolution No. 09 -R -38 - Bexar County Interlocal Agreement — Consideration and /or action approving Resolution No. 09 -R -39 entering into a Interlocal Agreement with Bexar County for Watershed Projects. (S. Willoughby) 7 -28 -09 Minutes Page - 4 - Mayor Baldwin recognized Public Works Director Sam Willoughby who introduced this item answering questions from Council. Mr. Willoughby stated Bexar County received a grant for high water detection systems for low water crossings in Bexar County to include the East Aviation Cibolo Creek crossing. Included in the high water detection system is a master gauging station at the crossing, advanced warning signs with flashers, and a computer base station for in- house monitoring. An inter -local agreement is necessary to allow Bexar County to make this improvement in the City of Schertz. Bexar County is also making an inter -local agreement with Universal City for equipment and monitoring on the west side of the creek. Additional projects included in this agreement are improvements to City water main on Schaefer Road and a future regional storm water detention facility between Randolph Air Force Base and Lower Seguin Road. County shall pay for all design and construction costs on the Project from commencement through substantial completion of the Project; including consulting fees for design and construction documents, architectural and engineering fees, surveying, permitting, construction, infrastructure upgrades, and any fees and costs for acquisition of land and easements. Substantial completion is the date, certified by the County, County's design professional and the City's Designated Representative, as stated in Article 2.02, that a contractor has reached that stage of completion when the owner accepts use of the facility for its intended purposes, even though not all work is completed. Mr. Willoughby stated the County shall develop, through its consultants, an estimate of cost for each Project and provide said estimate to the City prior to the County commencing on the Project. The estimated cost will consist of the necessary engineering, real estate and construction cost. The Parties anticipate that the City shall have no financial contribution for Project costs from commencement through substantial completion of the Project other than the costs the City incurs for the oversight of the Project by City staff. In the event the City desires to incorporate additional improvements to County's proposed Project improvements, which will increase the cost of the Project, the City shall be responsible for all costs resulting from the modifications to proposed improvements including any additional acquisition fees and costs. Mayor Baldwin recognized Mayor Pro -Tern Fowler who moved, seconded by Councilmember Trayhan to Approve Resolution No. 09 -R -38 entering into an Interlocal Agreement with Bexar County for the Watershed Projects with maintenance and service agreement cost estimate of $1,045 per year. Vote was unanimous. Motion Carried BOARDS /COMMISSIONS 8. Appointment /Reappointment to Boards and Commissions /Committees — Consideration and /or action regarding appointments /reappointments to Boards and Commission/Committees. (Board of Adjustments) (Council) 7 -28 -09 Minutes Page - 5 - Mayor Baldwin stated that on Wednesday, July 22, 2009 the Interview Committee met and conducted interviews for positions available on the Board of Adjustments. It is unanimous that the Committee recommends the reappointments /appointment of Mr. Earl Hartzog and Frank McElroy as a voting member to the Board of Adjustment and Mr. Christopher Montgomery as alternate member to the Board of Adjustments. Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Councilmember Scagliola to reappoint Mr. Earl Hartzog, appoint Mr. Frank McElroy as a voting member and appoint Mr. Christopher Montgomery as an alternate member to the Board of Adjustments. Vote was unanimous. Motion Carried EXECUTIVE SESSION Council did not meet. Requests and Announcements 10. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No requests given. 11. Requests by Mayor and Councilmembers to City Manager and Staff for information. No requests given. 12. 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 Baldwin recognized Mayor Pro -Tem Fowler who stated that at the sound of the gavel tonight he would be on vacation for the next two weeks to celebrate his 50d' wedding anniversary. Mayor Baldwin recognized Councilmember Scagliola who stated that on Sunday he was humbled by joining so many citizens standing along the precession route from Randolph Air Force Base down 78 to 3009 and toward IH 35 honoring Cpl. Lance Lara who lost his life while serving in Iraq. Councilmember Scagliola stated the 7 -28 -09 Minutes Page - 6 - motorcade was represented by several surrounding cities, counties, sheriff departments, and the motorcycle convoy at the end, stating he was very impressed with the turnout and very proud of the residents of our city who came out to pay their respects for a returning hero. Councilmember Trayhan stated that he too was honored to be a part and was humbled and echoed the sediments already commented. Mayor Baldwin recognized Councilmember Wilenchik who stated that after several years the city campus now has excellent professional signage and thanked Mr. Logan and his people, Sam Willoughby and the people at public works and Gail Douglass that put this all together and commended all. Mayor Baldwin recognized Councilmember Carpenter who stated that he too would be on vacation for the next two weep, Mayor Baldwin stated he too was extremely proud of the community and the showing that they made for the Corporal. Tremendous outpouring of support for him and knows his family is very proud and humbled by the number of people on the route all the way to New Braunfels. 13. Announcements by City Manager • Recognition of City employee actions • New Departmental initiatives No Announcements were given. ADJOURNMENT As there was no further action, Mayor Baldwin adjourned the meeting at 7:30 p.m. Baldwin, Mayor ATTEST: \ `--grenda Dennis, TRMC, CMC City Secretary 7 -28 -09 Minutes Page - 7 -