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03-26-2013 MinutesMINUTES REGULAR MEETING March 26, 2013 A Regular Meeting was held by the Schertz City Council, of the City of Schertz, Texas, on March 26, 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 Councilmember Jim Fowler Councilmember George Antuna, Jr. Staff Present: Executive Director John Bierschwale Executive Director Brian James City Secretary Brenda Dennis CALL TO ORDER: Mayor Pro -Tem Cedric Edwards, Sr. Councilmember David Scagliola Councilmember Sydney H. Verinder City Manager John C. Kessel Executive Director David Harris City Attorney Samantha Dyal Mayor Carpenter called the Regular Meeting to order at 6:00 p.m. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND THE STATE OF TEXAS. Pastor Corey Webb with Everyday Christian Fellowship Church gave the invocation 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 (D. Harris /J. Bierschwale/B. James) Mayor Carpenter recognized Executive Director David Harris who announced the following upcoming events: • Thursday, March 28, 2013 - Community Budget Presentation, Schertz United Methodist Church at 6:00 p.m. • Wednesday, April_ 3, Skateboard Design meeting — community input welcome, Schertz Civic Center 6:30 p.m. to 8:00 p.m. • Thursday, April 25, 2013, Volunteer Fair and Open House — Schertz Civic Center 6:00 p.m. to 8:00 p.m. • Tuesday, April 30, 2013 Hal Baldwin Scholarship application deadline.. • Thursday, May 2, 2013, 5:45 p.m. — Sweetheart Court Coronation, Schertz Civic Center • Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who recognized Rita Duprat -Waldo for her recent completion of the Universal Public Procurement Officer Certification. Mr. Kessel also read an email from a citizen who witnessed and complimented Motorcycle 03 -26 -2013 Minutes Officer Danny Tomlinson for stopping to render aid to a child who had fallen off their bicycle. Mayor Carpenter shared an email from a Foster Parent thanking Deputy Fire Marshal John Perry and Sanitarian Jesse Hamilton who on their lunch hour conducted the health inspection needed to place a child in their home. Workshop Presentations • Presentation and/discussion regarding the upcoming Schertz Cibolo Universal City ISD (SCUCISD) Bond Election. (M. Carpenter /Dr. Gibson) Mayor Carpenter recognized Dr. Greg Gibson, Superintendent Schertz- Cibolo- Universal City Independent School District provided information on the upcoming May 11, 2013, Bond election. 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, and/or 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 who spoke: • Mrs. Clare Layton, 12231 Lost Meadows, who spoke regarding agenda item 9, Employee Policy Handbook, possible word changes to some areas. Regarding timesheet change "should notify employees" to "must notify employces". Add after all references to disciplinary action up to and including termination, a reference to the disciplinary chapter. • Mr. Michael Dahle, 9120 E. FM 15 18, who spoke on the upcoming SCUCISD Bond Election. - • Mr. Robert Brockman, 1000 Elbel, who asked that in the fixture staff could be more specific in the language used for agenda items, identifying the specific areas, i.e., "Old Fire Station" -- should have read "Old Fire Station in Seguin", as well as give address of Subdivisions listed on tonight's agenda. 03 -26 -2013 Minutes • Ms. Lora Schafer, 242 Country Lane, who invited Mayor /Council and staff to attend an upcoming Leader Cast Seminar, scheduled for May 10, 2013, at the Discovery Church, 242 Country. Lane, Cibolo, Texas. 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. Mayor Carpenter stated that at the request of staff Agenda item 7 had been pulled, and that Items 5 and 6 have been requested to be removed from the Consent agenda for separate action. Council concurred. 1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of March 14, 2013. (J..Kessel/B. Dennis) 2. Resolution No. 13 -R -18 — Consideration and/or action approving a Resolution authorizing the dedication of two (2) permanent wastewater collection/rcclaimed water Distribution System with Temporary Construction Easement Agreements and give (5) Temporary Sewer Line Easement Agreements to assist Cibolo Creek Municipal Authority with their upgrades and rehabilitation project and other matters in connection therewith. (J. BierschwalelS. Willoughby) The following was read into record: RESOLUTION NO. 13 -R -18 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE DEDICATION OF TWO (2) PERMANENT WASTEWATER COLLECTION/RECLAIMED WATER DISTRIBUTION SYSTEM WITH TEMPORARY CONSTRUCTION EASEMENT AGREEMENTS AND FIVE (5) TEMPORARY SEWER LINE EASEMENT AGREEMENTS TO ASSIST CIBOLO CREEK MUNICIPAL AUTHORITY WITH THEIR UPGRADES AND REHABILATION PROJECT AND OTHER MATTERS IN CONNECTION THEREWITH 3. Resolution No. 13 -R -22 — Consideration and/or action approving a Resolution authorizing the abandonent and release of a portion of the existing Drainage Easement in the Cottonwood Subdivision and authorizing a Stormwater Drainage Easement Agreement with Overman Properties II, LTD., and other matters in connection therewith. (J. BierschwalelS. Willoughby) The following was read into record: RESOLUTION NO. 13 -R -22 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ABANDONMENT AND RELEASE OF A PORTION OF THE 03 -26 -2013 Minutes EXISTING DRAINAGE EASEMENT IN THE COTTONWOOD SUBDIVISION AND AUTHORIZING A STORMWATER DRAINAGE EASEMENT AGREEMENT WITH OVERMAN PROPERTIES II, LTD., AND OTHER MATTERS IN CONNECTION THEREWITH 4. Resolution No. 13 -R -23 — Consideration and/or action approving a Resolution authorizing a Professional Services Agreement with Ford Engineering, Inc., relating to engineering, design, and hydraulic study for the Waterline Phase I Replacement Project in the Northcliffe Subdivision, and other matters in connection therewith. (J. Bierschwale /S. Willoughby) The following was read into record: RESOLUTION NO. 13 -R -23 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH FORD ENGINEERING, INC., RELATING TO ENGINEERING, DESIGN, AND HYDRAULIC STUDY FOR THE WATERLINE PHASE I REPLACEMENT PROJECT IN THE NORTHCLIFFE SUBDIVISION, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Mayor Pro -Tern Edwards who moved, seconded by Councihnember Fowler to approve the consent agenda items 1, 2, 3, and 4. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Seagliola, Antuna, and Verinder voting yes, and no one voting no. Motion Carried Discussion and /or Action Items 5. Resolution No. 13 -R -24 --- Consideration and/or action approving a Resolution authorizing a Professional Services Agreement with Ford Engineering, Inc., relating to engineering and design for the Southeast Quadrant Elevated Tank and Waterline Tie to FM 1518 and Schaefer Road Project, and other matters in connection therewith. (J. Bierschwale /S. Willoughby) The following was read into record: RESOLUTION NO. 13 -R -24 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH FORD ENGINEERING, INC., RELATING TO ENGINEERING AND DESIGN FOR THE SOUTHEAST QUADRANT ELEVATED TANK AND WATERLINE TIE TO FM 1518 AND SCHAEFER ROAD PROJECT, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Assistant Public Works Director Jimmy Hooks who stated action approves a Professional Services Agreement with Ford Engineering to provide the engineering and design services for the Southeast Quadrant Elevated Tank and Waterline Tie to FM 1518 and Schaefer Road. Mr. Hooks address Council questions related to choosing Ford Engineering firm. 03 -26 -2013 Minutes Mayor Carpenter recognized Councilmember Antuna who moved, seconded by Councilmember Scagliola to approve Resolution No. 13 -R -24. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Scagliola, Antuna, and Verinder voting yes, and no one voting no. Motion Carried. b. Resolution No. 13 -R -25 — Consideration and/or action approving a Resolution granting consent for the Schertz - Seguin Local Government Corporation to use excess funds from the 2010 Bond fund to purchase the Old Fire Station Building for office facilities, and other matters in connection therewith. (J. Bierschwale /S. Willoughby) The following was read into record: RESOLUTION NO. 13 -R -25 A RESOLUTION OF THE CITY COUNCIL OF SCHERTZ, TEXAS, GRANTING CONSENT FOR THE SCHERTZ -SEGUIN LOCAL GOVERNMENT CORPORATION TO USE EXCESS FUNDS FROM THE 2010 BOND FUND TO PURCHASE THE OLD FIRE STATION BUILDING FOR OFFICE FACILITIES; AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized SSLGC 'General Manager Alan Cockerell who stated action approves a request from the Schertz- Seguin Local Government Corporation (SSLGC) to use up to $750,000 from the 2010 Bonds to purchase and reconfigure the Old Firehouse building in Seguin for office facilities. Mayor Carpenter recognized SSLGC Chair Ken Greenwald who came forward stating the SSLGC board has approved this purchase by unanimous vote and recommends approval. Mr. Cockerel) and Mr. Greenwald addressed Council concerns and questions regarding the purchase. Mayor Carpenter recognized Councilmember Scagliola who moved, seconded by Councilmember Antuna, to approve Resolution No. 13 -R -25. The vote was unanimous with Mayor Pro-Tem. Edwards, Councilmembers Fowler, Scagliola, Antuna, -and Verinder voting yes, and no one voting no. Motion Carried 8. Resolution No. 13 -R:27 — Consideration and/or action approving a Resolution accepting the Semiannual Report with respect to the progress of the Capital Improvements Plan, and other matters in connection therewith. (B. James/L. Busch) The following was read into record: RESOLUTION NO. 13 -R -27 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ACCEPTING THE SEMIANNUAL REPORT WITH RESPECT TO THE PROGRESS OF THE CAPITAL IMPROVEMENTS PLAN, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Executive Director Development Brian James who stated Section 395.058 (c) (4) of the Texas Local Government Code requires the Capital Improvements Advisory Committee (CIAC) to file semiannual reports with respect to the progress of the capital improvements plan and report to City Council any perceived 03 -26 -2013 Minutes inequities in implementing the plan or imposing impact fees. Section 90 -158 of the City's Code of Ordinance includes this same requirement. The CIAC is a citizen group made up of our current Planning and Zoning Commission, a real estate -type representative and a resident in the Extraterritorial Jurisdiction, all of whom are appointed by the City Council. The report being presented covers the past fiscal year, October 1, 2011 through September 30, 2012. Future reports will be presented semiannually, with the next report covering the period of October 1, 2012 through March 31, 2013. It is anticipated that this next report will be presented to Council in May. Mr. James stated action requested of Council is to approve Resolution No. 13 -R -27 accepting the Semiannual Report on the revenue and expenditures relating to the water and wastewater impact fees as filed by the City of Schertz Capital Improvements Advisory Committee (CIAC). Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember Fowler to Resolution No. 13 -R -27. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmemhers Fowler, Scagliola, Antuna, and Yerinder voting yes, and no one voting no. Motion Carried 9. Resolution No. 13 -R -28 — Consideration and/or action approving a Resolution authorizing changes in the Employee attendance and time recording policies as contained in the City of Schertz Employee Policy Handbook, and other matters in connection therewith. (J. Kessel/J. Smith) The following was read into record: RESOLUTION NO. 13 -R -28 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING CHANGES IN- THE EMPLOYEE ATTENDANCE AND TIME RECORDING POLICIES AS CONTAINED IN THE CITY OF SCHERTZ EMPLOYEE POLICY HANDBOOK, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Human Resource Director Josh Smith, who stated the employee policy handbook was last updated in May, 2008. Many of the policies contained within the policy handbook are now antiquated and/or out of compliance. Staff has performed their due diligence in ensuring the proposed changes to personnel policy are appropriate through the following process: 1. Benchmark best practices of other municipalities in the South - Central Texas Region. 2. Solicit input from key stakeholders and Subject Matter Experts (SME's) 3. The development of an ad -hoc review committee consisting of individuals from various departments to ensure the policies fit the unique needs, culture, and values of the City of Schertz. 03 -26 -2013 Minutes 4. Vet policies through other review committees consisting of: a. Administrative Assistants (Gatekeepers) b. Department Heads c. City Management d. City Employment Attorney e. City Council Mr. Smith stated the summaries of actions are as follows: Attendance Policy • Clarified guidance in reporting absences and tardiness Provide parameters for use of authorized absences and paid leave Time Reporting Policy • Clarified definitions of Lunch and Rest Periods • Clarified definitions of Stand -By (On -Call Pay) • Added rules for reporting leave and leave substitutions • Added FLSA guidelines for what constitutes work, training time, travel time, and volunteer work Work Schedulin g Folic • Clarifying work schedules • Defines responsibilities of supervisors and departments in developing work schedules • Clarifies Meal and Rest periods • Generally defines work schedule parameters for public safety Mr. Smith addressed Mrs. Layton's Council questions and concerns. Mayor Carpenter recognized Scagliola who moved, seconded by Mayor Pro -Tem Edwards to Resolution No. 13 -R -28. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmemhers Fowler, Scagliola, Antuna, and verinder voting yes, and no one voting no. Motion Carried Roll Call Vote Confirmation Mayor Carpenter recognized City Secretary Brenda Dennis who recapped the votes for agenda items 1, 2, 3, 4, 5, 6,8 and 9. 03 -26 -2013 Minutes Executive Session Mayor Carpenter recessed the regular meeting into executive session at 8:00 p.m. Called under: Section 551.071 Texas Government Code Deliberation regarding litigation, pending or contemplated litigation; Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange, sale, lease, or value of real property, or real estate; Section 551.074 Texas Government Code - Deliberation regarding personnel matters, policies, duties, employment, and evaluation of certain public officials and employees; Reconvene into Regular Session Mayor Carpenter reconvened into regular session at 9.05 p. m. 10. Take any action deemed necessary as a result of the Executive Session. No action taken. Requests and Announcements 11. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives Mayor Carpenter recognized City Manager John Kessel 12. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. . No items were requested. 13. Requests by Mayor and Councilmembers to City Manager and Staff for information. Mayor Carpenter recognized Mayor Pro -Tem Edwards who asked that staff conduct a search for firms who could provide an anonymous climate survey of all employees. Mayor Pro -Tem Edwards asked staff to provide names of firms who would be able to do the climate survey, and bring back the firm names in 30 days. Mayor Carpenter recognized Councilrnember Antuna who reminded staff of his request to provide information on City Council competitive compensation from around the region. { 14. Announcements by Mayor and Councilmembers 03 -26 -2013 Minutes • City and community events attended and to be attended • City Council Committee and Liaison Assignments • 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 Pro -Tern Edwards attended: Wednesday - Employee Remembrance Day Celebration, Anti- Tobacco Rally and Flash Mob, Saturday - Crawfish Boil. • Councilmember Fowler attended: Employee Remembrance Day Celebration, and on Wednesday, March 27, 2013, will be attending an Alamo Area Development Corporation Committee meeting. Councilmember Fowler stated that he would not be in attendance next week, as he will out of town attending"-his high school reunion. • Councilmember Scagliola attended: Wednesday - Employee Remembrance Day Celebration, Thursday - Chamber Taste & Iron Chef Throw Down event, Saturday - rubbed elbows with celebrities at the Comic Con event, went by the Plant & Play Day event, and attended the Crawfish Boil that afternoon. • Councilmember Antuna attended: Crawfish Boil - Saturday. Councilmember Antuna stated the Metropolitan Planning Organization meeting was yesterday, and the subcommittee agreed to the 19 members that had been selected. He stated the next meeting will be here in Schertz at the Civic Center Bluebonnet Room, April 5, 2013, at 10:00 a.m. • Councilmember Verinder attended: Wednesday - Employee Remembrance Day Celebration, Anti- Tobacco Rally and Flash Mob, Thursday - Chamber Taste & Iron Chef Throw Down event,- Saturday - Plant & Play Day, as well as the Community Pre - Budget Session on Wednesday. • Mayor Carpenter stated he attended: Thursday — Chamber Taste & Jxon Chef Throw Down event, Saturday Adiournment As there was no further business, the meeting was adjourned at , Michael R. Carpenter ST: ity Secretary, Brenda Dennis 03 -26 -2013 Minutes