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01-06-2015 MinutesMINUTES REGULAR MEETING January 6, 2015 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on January 6, 2015, at 6:00 p.m., in the Hal Baldwin Municipal Complex Council Chamb6rs, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to -wit: Mayor Michael Carpenter Councilmember Jim Fowler Councilmember Cedric Edwards Staff Present: Deputy City Manager John Bierschwale City Attorney Charles Zech Call to Order Mayor Pro -Tern Daryl John Councilmember Grumpy Azzoz Councilmember Robin Thompson City Manager John Kessel Executive Director Brian James Deputy City Secretary Donna Schmoekel Mayor Carpenter called the meeting to order at 6:01 p.m. Invocation and Pledges of Allegiance to the Flags of the United States and the State of Texas ( Councilmember Thompson) Councilmember Thompson provided 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 (J. Bierschwale/B. James) Director of Development Services Brian James provided the following information: • Monday, January 12, Ribbon Cutting w /Color Clay Studio, 17327 IH 35 N, Suite #202, 3:00 p.m. welcome our newest art studio. • Thursday, January 15, Chamber After Hours Mixer (hosted by All Battery Center), 8143 Agora Pkwy, Ste. #125, Selma, TX; 5:30 -7:00 p.m. • Saturday, January 17, 5"' Annual Selma/Schertz 5K Run (Salute to Service Members ) — starts at 9:00 a.m. at Blue Bonnet Palace. • Tuesday, January 20, Chamber Monthly Luncheon, Schertz Civic Center, 11:30- 1:00 p.m. Presentation: 2014 in Review & Updates for the 2015 year. • Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who thanked staff who worked over the holidays. He also thanked Business Office Assistant Manager Rodolfo Rosales who assisted a resident and initiated a payment plan to assist them with the bill. 1 -6 -2015 Minutes Page - I - Hearing of Residents • Mr. Robert Brockman, 1000 Elbel Road, who addressed Council regarding the ball field restrooms that need attention. He also addressed Council regarding the price of oil and what about paving materials for our roads? • Mr. David Richmond, 2421 Bent Tree Drive, who addressed Council regarding the warning signs on IH 35 regarding the recently enforced texting ban. He stated that he would like to see our City follow San Antonio's lead in this area. Workshop • Discussion and/or possible action regarding the City Council's Code of Conduct and Procedure, and Code of Ethics. (Mayor /Council) Mayor Carpenter recognized Councilmember Edwards who stated he felt that the Councilmembers should all sign their names to the Code of Ethics because it would give the document more weight. Mayor Carpenter then asked for this workshop item to be put on the agenda for the next meeting and if they could be furnished a signature page, then this matter could be taken care of. A discussion followed with City Attorney Charles Zech who explained the way the current city charter reads regarding voting and abstentions. It takes a vote of three to take any action. When an individual abstains, this actually acts as a `no' vote; the reason for that is it counts toward the quorum for the purposes of a vote. He further clarified that three votes of `yes' would be for guy action and not just limited to ordinances and/or resolutions. According to the Texas Local Government Code law, when you have an actual conflict of interest, you are required to file a disclosure statement and abstain from voting. Under Roberts Rules and under case law when that occurs you are not counted toward the quorum for the purposes of the vote. This doesn't help the City of Schertz because of the charter provisions that say it takes three (yes) votes for action to be taken. He plans on bringing this topic up at the next Charter Review Commission meeting for discussion. He will also bring up a `disaster clause' issue with the commission. A number of other things also need to be addressed surrounding how to interpret and handle abstaining votes, tie votes, motions, seconds, and other unique situations. Council continued to discuss several different possible scenarios with the City Attorney. Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Councilmember Edwards to authorize City Attorney Charles Zech and City Staff to outline some steps for handling abstaining votes along with recommendations for council to consider. The vote was unanimous with Mayor Pro -Tem John, Councilmembers Fowler, Azzoz, Edwards, and Thompson voting yes and no one voting no. Motion passed. Consent Agenda Items 1 -6 -2015 Minutes Page - 2 - 1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting.of December 16, 2014. (J. KesselB. Dennis) 2. Ordinance No. 14 -S -50 — 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. (Final Reading) (B. James/B. Cox) The following was read into record: 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 Councilmember Fowler who moved, seconded by Councilmember Azzoz to approve consent items 1 and 2. The vote was unanimous with Mayor Pro -Tern John, Councilmembers Fowler, Azzoz, Edwards, and Thompson voting yes and no one voting no. Motion passed. Discussion and Action Item 3. Resolution No. 15 -R -01 — 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) The following was read into record: RESOLUTION NO. 15 -R -01 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 action requested of Council is to modify the existing contract with Alpha Building Corporation to increase the contract amount from $3,648,202.87 to $3,684,979.87, plus a City controlled contingency of $10,000.00, bringing the not -to- 1 -6 -2015 Minutes Page - 3 - exceed amount to $3,694,979.87. In the initial contract negotiations the installation of landscape irrigation systems between the various playing fields was priced separately as "Add Alternate Bid #8" in the Bid Documents and was not accepted. Reasons for contract modifications is the initial dollar value associated with the installation of these irrigation systems was $90,107.00 and a decision was made to not accept Bid Alternate #8 due to budget concerns at that time. During the course of construction the systems were installed by the sub - contractor by accident. Initially the sub - contractor requested an amount of $89,000.00 or he could just remove the installed systems. During the next several weeks of negotiations a final cost of $34,500.00 was agreed to by all parties. This amount is subject to the General Contractor's profit and Bond increase based on the agreed amount. Fiscal Impact — funds for this will be from the 2010 Bond for the Athletic Fields. Staff Recommends approval of Resolution No. 15-R-0 1. Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Councilmember Fowler to approve Resolution No. 15 -R -01. The vote was unanimous with Mayor Pro -Tern John, Councilmembers Fowler, Azzoz, Edwards, and Thompson voting yes and no one voting no. Motion passed. 4. Ordinance No. 15 -A -01 - 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. (First Reading Hearing) (B. James /L. Wood) The following was read into record: ORDINANCE NO. 15 -A -01 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING FOR THE EXTENSION OF THE BOUNDARY LINES OF THE CITY OF SCHERTZ, TEXAS BY THE ANNEXATION OF APPROXIMATELY 69.111 ACRES LOCATED ON TRAINER HALE ROAD, APPROXIMATELY 1500 FEET NORTH OF 1 -10, BEXAR COUNTY, TEXAS. Mayor Carpenter recognized Senior Planner Lesa Wood who introduced this item stating that 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 1 -6 -2015 Minutes Page - 4 - 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 properly 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 conducted two (2) public hearings regarding a voluntary petition for annexation on December 9, 2014 and December 16, 2014 at the regular City Council meetings. Public hearing notices were published in "The Daily Commercial Recorder" on November 26, 2014 and the "Herald" on December 3, 2014 for the two required public hearings. This is the first reading regarding of the ordinance regarding the petition for annexation. The subject property, if annexed, is being considered concurrently with the associated zoning request (ZC2014 -014). 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 be zoned Public Use District (PUB). Cibolo Creek Municipal Authority is requesting voluntary annexation into the City of Schertz because of their desire to be located within the Schertz city limits. Mayor Carpenter opened the public hearing and as no one spoke, closed the public hearing for Council comments. Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Councilmember Thompson to approve Ordinance No. 15 -A -01 first reading. The vote was unanimous with Mayor Pro -Tem John, Councilmembers Fowler, Azzoz, Edwards, and Thompson voting yes and no one voting no. Motion passed. 5. Ordinance No. 15 -S -02 — Conduct a Public Hearing and consideration and/or action approving an Ordinance on a request to zone approximately 70 acres of land to Public Use District (PUB). The property is more specifically described as a portion of the E. Gotari Survey No. 2, Abstract No. 5, County Block 5193, Bexar County Texas; located at 7720 Trainer Hale Road. (First Reading) (B. James /L. Wood) The following was read into record: ORDINANCE NO. 15 -S -02 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY ZONING APPROXIMATELY 69.111 ACRE TRACT OF LAND TO PUBLIC USE DISTRICT (PUB). 1 -6 -2015 Minutes Page - 5 - Mayor Carpenter recognized Senior Planner Lesa Wood who introduced this item stating the applicant is requesting to zone approximately 70 acres of land generally located at 7720 Trainer Hale Road approximately 1500 feet north of Interstate 10 to Public Use District (PUB). Public Use District (PUB) 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. The subject property is currently located in the Extra Territorial Jurisdiction (ETJ) of the City of Schertz and is owned by Cibolo Creek Municipal Authority who has indicated their desire to voluntary annex the property and develop a municipal wastewater treatment plant at this location. The public hearing notice was published in "The Daily Commercial Recorder" on December 17, 2014 and the "Herald" on December 24, 2014. Sixteen (16) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on November 7, 2014. Staff received a total of nine (9) responses on the Notice of Public Hearing reply form including: • one (1) response in favor of the request; • one (1) response with a comment only; • one (1) response from a Cibolo resident opposed; and • six (6) responses opposed to the request. Comments received on the Notice of Public Hearing Response reply form are as follows: • Lana Schmidt, 14678 Schmidt Craft Lane (Opposed) "Destroys my property value (sewer plant)" • William Wheelis, 7783 Trainer Hale Road (Opposed) "I believe it will lower the value of my property." • Geraldine Z. Scheel, 7414 Trainer Hale Road (Opposed) "I own property at 7424 Trainer Hale, it should be crystal clear why I oppose." • Jeanne Rawe, 7993 Trainer Hale Road (Opposed) No comments. • Betty Schmidt, 8180 Trainer Hale Road (Opposed) "Opposed bright lights and foul odors produced by proposed facility" • Craig Moore, 7703 Trainer Hale Road (Opposed) "I'll be attending the public hearing." • Gerald Cutshall, 13782 Dusty Field "Won't know until after the public hearing." • Joe Vrana, 13915 Dusty Fields (Favor) No comments. Comments received at the November 19, 2014 Planning and Zoning Commission public hearing: 1 -6 -2015 Minutes Page - 6 - • Lana Schmidt, 14678 Schmidt -Craft Ln., spoke on odor, noise and property values. • Gerri Scheel, 7424 Trainer Hale Rd., spoke on her property and realignment of FM3 009. • Lea Luensmann, 8447 Trainer Hale Rd., spoke on her property values and noise. • Craig Moore, 7703 Trainer Hale Rd., spoke on site, smell, roads handling this project and opposition. • Mike Hunter, 7681 Trainer Hale Rd., spoke on widening the roads and opposition. • Roger Scott, 14546 Schmidt -Craft Ln., spoke on notices not sent to him, make sure that this is put in correctly and land will be devalued. Staff reviewed the request for conformance with the Comprehensive Land Plan and the Future Land Use Plan (FLUP). The FLUP designates the subject property for Agricultural Residential which is intended to preserve the rural/agriculture state to include large lot residential and some related commercial uses permitted such as: landscaping business, metal workshop, farmers market, convenience store, etc. Mayor Carpenter opened the public hearing and as no one spoke, closed the public hearing for Council comments. Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Councilmember Fowler to approve Ordinance No. 15 -S -02 first reading. The vote was unanimous with Mayor Pro -Tem John, Councilmembers Fowler, Azzoz, Edwards, and Thompson voting yes and no one voting no. passed. 6. Ordinance No. 15 -T -03 — Consideration and/or action approving an Ordinance authorizing a budget adjustment to the PEG Fund and to the Water Fund to fund Phase One of the Master Communications Plan, Improvements to the City Network Infrastructure. (First Reading) (B. James/M. Clauser) The following was read into record: ORDINANCE NO. 15 -T -03 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO THE PEG FUND AND TO THE WATER FUND TO FUND PHASE ONE OF THE MASTER COMMUNICATIONS PLAN - IMPROVEMENTS TO THE CITY NETWORK INFRASTRUCTURE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. Mayor Carpenter recognized IT Director Myles Clauser who introduced this item stating that in June 2012 the City Council approved Resolution 12 -R -57 approving the proposed Master Communications Plan. This plan offers a roadmap for creating a City -Wide 1 -6 -2015 Minutes Page - 7 - network infrastructure using both fiber optic and wireless networking technologies. The Master Communications Plan was devised to support field personnel, upgrade communications channels to City facilities, improve Public Safety operations, and provide network communications and infrastructure for a planned public access channel designed to improve communications and encourage citizen engagement. Staff has completed engineering and planning for the proposed network and is preparing the RFP for Phase One. This phase will provide fiber optic connectivity from City Hall to the City -owned facility located at the Live Oak water tower, and must be completed before implementing subsequent phases. Staff seeks Council approval to utilize $20,000 from the PEG (Public, Educational, Government) fund and $20,000 from the Water Department fund in order to implement Phase One. The Staff recommends approval of the budget adjustment for Fiscal Year 2014 -15. Approve budget adjustments in the amount of $40,000 to provide funding for Phase One of the City of Schertz Master Communications Plan. This ordinance will amend the FY 2014 -15 Budget to allow use of the funds. These funds are already in place and no additional funding is anticipated. Staff recommends City Council approve the budget adjustment Ordinance No. 15 -T -03 on first reading. Mr. Clauser addressed questions from Council. Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Councilmember Fowler to approve Ordinance No. 15 -T -03 first reading. The vote was unanimous with Mayor Pro -Tent John, Councilmembers Fowler, Azzoz, Edwards, and Thompson voting yes and no one voting no. Motion passed. 7. Employee Compensation — Discussion and possible action regarding the City's Employee Compensation Plan. (J. Kessel/Council) Mayor Carpenter recognized Councilmember Azzoz who stated the he has had discussions with some city employees as well as with other cities over the holidays. He asked them similar questions as to when the last time was that they conducted salary surveys and compensation studies. He asked questions regarding comparisons and their benefit packages. He stated that something came to light when speaking to those groups and he understands that we do offer a good health plan package to our employees. Councilmember Azzoz stated that we do have savings from this because some of our employees are receiving military medical coverage and these employees do not opt for our insurance package; therefore, they do not have those benefits. He stated that he is fine with going through the compensation and classification study and the reason is that it will probably take six months or more and can be applied to the next fiscal year's budget and not to the current budget we are in. Meanwhile, he feels we should direct City Manager John Kessel to give the $300,000 that is already set aside for raises in this fiscal year to the bottom 40 percent of employees. 1 -6 -2015 Minutes Page - 8 - Councilmember Thompson expressed concern about the fairness of this proposed distribution. He feels the compensation study results will give us the objectivity we will need to have in case we are questioned by staff members who did not receive anything and may subsequently pursue some type of action against the city. Councilmember Azzoz said he thinks the staff will see that management is trying to reach a plateau to be competitive with other cities and people will want to work for us and not leave. At the request of Councilmember Fowler, City Manager John Kessel provided an update on the compensation and classification study process. They are currently interviewing the final two firms to decide who to contract with. - He is hoping to have that contract in place within the next three weeks. A major consideration is how quickly and easily the survey can be conducted with our employees. Mr. Kessel went on to provide further information on several different goals and staffing decisions the city will be faced with in the near future, and how that will tie in with our current and future revenue as to the sustainability of those decisions in regard to employee compensation, benefit packages and facility expenses. We need to establish a balance of hiring new staff to handle a growing customer base and how to simultaneously be able to provide raises to existing /tenured personnel. Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Councilmember Fowler to take the budgeted $300,000 and have the City Manager, Mr. Kessel distribute it appropriately to City Staff. The vote was 1 -4 with Councilmember Azzoz voting yes and Mayor Pro -Tem John, Councilmembers Fowler, Edwards, and Thompson voting no. Motion failed. Roll Call Vote Confirmation Deputy City Secretary Donna Schmoekel provided the roll call vote information for agenda items 1 through 7. Requests and Announcements 8. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives No further announcements. 9. Requests by Mayor and Councilmembers that items be placed on a future City . Council agenda. No items requested. 10. Requests by Mayor and Councilmembers to City Manager and Staff for information. 1 -6 -2015 Minutes Page - 9 - Mayor Carpenter recognized Councilmember Edwards who asked staff to provide an update on the Economic Development side of our business, and stated that this request could be done by email if desired. Mayor Carpenter recognized Councilmember Fowler who stated that in reference to the compensation item, if you look at the time line, if we can get this completed in six (6) months it will fit in to us being very active in looking at the budget for next year. Councilmember Fowler stated that it is very important that we get this on contract and get this completed by June. Councilmember Fowler stated that he appreciated Mr. Kessel providing Council with updates on where staff is at in the process. Mayor Carpenter recognized City Manager John Kessel who stated that he would keep the Council informed and that is why he is personally attending the interview meetings. He hopes to derive at a decision at the end of the week and have something negotiated for Council action. He stated this is one of our highest priority items along with other priority items, as mentioned earlier by Councilmember Edwards. Mayor Carpenter recognized Councilmember Azzoz who stated that the future is not six (6) or (7) months from today; the future is today. 11. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items Mayor Carpenter wished everyone here tonight and those that work for the City a very happy new year and `Welcome to 2015.' He looks forward to great things for the City of Schertz in this New Year. Adi ournment Meeting was adjourned at 7:57 p.m. ATTEST: , � �nt1 Jek Donna Schmoekel, Deputy City Secretary 1 -6 -2015 Minutes Page - 10 - r Michael R. Carpenter, Mayor