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02-17-2015 MinutesMINUTES REGULAR MEETING February 17, 2015 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on February 17, 2015, 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 Carpenter Councilmember Jim Fowler Councilmember Daryl John Staff Present: Deputy City Manager John Bierschwale Chief of Staff Bob Cantu City Secretary Brenda Dennis Call to Order Mayor Pro -Tem Cedric Edwards Councilmember Grumpy Azzoz Councilmember Robin Thompson 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 6:00 p.m. Invocation and Pledges of Allegiance to the Flags of the United States and the State of Texas (Councilmember Jim Fowler) Councilmember Jim Fowler 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) Mayor Carpenter recognized Director of Development Services Brian James who provided the following announcements: • Wednesday, February 18th — Blood Drive in front of the Community Center 8:00 a.m. to 11:00 a.m. • Saturday, February 28th — 2nd Annual Cibolo Chili Cook -Off — Cibolo City Hall 10:00 a.m. to 10:00 p.m. • Saturday, March 7 - Wilenchik Walk For Life at Samuel Clemens High School • Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who stated he received notification from the Texas Registered Municipal Clerks Association that Records Coordinator Traci Paprocki has received her Texas Registered Municipal Clerk 2 -17 -2015 Minutes Page - 1 - Certification. Mr. Kessel stated that this certification will assist her in the duties she is providing at the City of Schertz. Mr. Kessel congratulated her on this accomplishment. Mr. Kessel also stated that he had a "Public Safety Announcement ", and pointed out that recently bollards (yellow posts) have been placed in front of the City Council Chambers. Mr. Kessel stated that he is pointing these out so that individuals do not run into them. Presentations Presentation and discussion regarding the retaining wall near the intersection of Woodland Oaks and Woodbridge Drive. (B. James/K. Woodlee) Mayor Carpenter recognized City Engineer Kathy Woodlee who provided information regarding the retaining wall along Woodland Oaks. The following information was provided: Background information: Woodbridge Subdivision, Unit 1 • Subdivision constructed in 1998/1999 • Plans showed a 5' grade difference between proposed road surface and existing grade at ROW line but did not show how this would be handled (slope, retaining wall, etc.) • City accepted public infrastructure in September 1999 • There are no records regarding the retaining wall construction Retaining Wall • House at 478 Covered Bridge constructed in 2003/2004 • Concerns expressed by staff about the proximity of the house foundation to the wall — developer brought in an engineer who indicated it was not an issue • Staff expressed additional concerns about impact of construction on wall • Developer made repairs and engineer indicated work had been completed • Wall identified as apparently failing in 2014 • City Actions • Investigation of history of wall, ownership, maintenance responsibility • Conducted boundary survey and condition assessment Wall History and Ownership Summary • Wall likely originally built at the time of road construction • No permit ever issued for wall • Wallis adjacent to two residential properties within the Woodbridge Unit 1 Subdivision and one commercial, undeveloped, unplatted property • Wall mostly within right -of -way Condition Assessment • Wall is in failed condition • Extreme external and internal stability issues • Stability issues caused by omission of deadmen and short tiebacks 2 -17 -2015 Minutes Page - 2 - Next Steps • Geotechnical assessment • Western portion of wall (along undeveloped property) can be removed and the ground sloped back to existing grade • Eastern portion of wall must be reconstructed with the most feasible type of wall. Ms. Woodlee provided examples of a concrete block wall, a concrete cantilever spread footing wall designs that are possible. Next, staff will bring the following to City Council for consideration: • Resolution for approval of contract with Lockwood, Andrews & Newnam, Inc., for professional services including necessary geotechnical testing and engineering design and construction phase services • Based on estimated construction cost, Budget Adjustment Ordinance to fund construction. • (Once construction bids are received) Resolution for contract with successful bidder • Preliminary estimate indicates the cost of project to be approximately $125,000 (includes high contingency amount) She stated efforts will be made to ensure the most cost effective solution while creating a community improvement that is durable and as maintenance free as possible. Ms. Woodlee also stated that moving forward, recent code revisions and process improvements are being required which include: • Any retaining wall with a finished height of four feet or greater is required to be designed, inspected, and certified by a registered professional engineer. • Maintenance and access easements are required to be platted or recorded within an appropriate distance of any retaining wall. • Currently Development Services, Engineering, and Public Works are implementing a more holistic approach to processes including plan review and construction inspections. Ms. Woodlee answered questions from Council. Mayor Carpenter recognized Mayor Pro -Tem Edwards who stated that this is the right thing to do moving forward, especially implementing new code provisions. Mayor and Council thanked Ms. Woodlee for the update. Hearing of Residents Mayor Carpenter recognized the following who spoke: • Ms. Maggie Titterington, Schertz Chamber President who thanked City Manager John Kessel and the other City Managers for providing today their State of the City's Addresses. Ms. Titterington also provided the following information regarding the chamber events: 2 -17 -2015 Minutes Page - 3 - Thursday, February 19, Chamber Mixer, Cibolo Coffee Haus, 5:30 p.m. to 7:00 p.m. Friday, February 20, Ribbon Cutting with The Cinnamon Rolls Bakery /Cafe, 10:00 a.m. @ 1420 Schertz Parkway, Suite 270 - Saturday, February 21, Samuel Clemens DECA Rummage sale, Schertz Chamber parking lot 7:00 a.m. to 1:00 p.m. Twenty five students made it to state competition so they are needing to raise money to fund their trip and pay the tuition fees. Thursday, March 19, `6th Annual "The Taste" (sample food from area restaurants), 1400 Schertz Parkway, Bldg. 5, Schertz Civic Center, 5 p.m. -8 p.m. Tickets go on sale Monday, February 16. Thursday, March 26, Small Business Forum, 5:30 p.m. to 6:30 p.m., to get input from the Schertz business to find out how we can improve communication between their needs and the City. She also stated that the Heidi Search Center group will also be attending. Lastly, Ms. Titterington the ( Schertz Chamber Military Affairs Committee) SCMAC Committee is working with Wayland Baptist University and they are putting on a workforce day helping transition veterans and military members on getting back into the workforce. More specifics to come. • Mr. Steve White, 805 Main Street, who came forward to praise Ms. Shanna Roman, Manager of Animal Services, and her staff. They helped him gather up a large group of feral cats in his neighborhood that had gotten out of control. Mr. Glen Outlaw, 3729 Forsyth Park, who spoke about the Northcliffe area and the sign(s) at the entrance on Country Club Drive that now say Northcliffe and Scenic Hills. Somehow control of those signs and the ownership of that property ended up with Fairways at Scenic Hills HOA not Northcliffe. He has lived there for over 25 years and that sign has been a landmark. He displayed some internet maps and searches that label that area `Northcliffe'. It has become a generic name for the entire area not just the original subdivision. He urges council to ask staff to find a way to look into this situation. He would hate to see this area landmark get renamed and disappear. Consent ALenda Items Mayor Carpenter recognized Councilmember Fowler who requested Item No. 3 be removed from the consent agenda for further discussion. 1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of February 10, 2015. (J. Kessel/B. Dennis) 2. Ordinance No. 15 -S -08— Consideration and/or to take action upon a request approving an Ordinance for a proposed street name change of Schnebly Drive to Hollering Vine beginning at the intersection of Long Leaf Parkway extending north, approximately 2,300 feet to the intersection of Lower Seguin Road. Final Reading (B. James/L. Wood) 2 -17 -2015 Minutes Page - 4 - The following was read into record: ORDINANCE NO. 15 -S -08 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS TO CHANGE THE STREET NAME OF SCHNEBLY DRIVE TO HOLLERING VINE. 4. Ratification of Resolution No. 15 -R -11 — Consideration and/or action ratifying Resolution No. 15 -R -11 authorizing the application for one grant application with the County of Bexar in the State of Texas for U.S. Department of Housing and Urban Development Community Development Block Grant Program (CDBG) funding and all other matters in connection therewith. (J. Bierschwale /S. Willoughby /C. Raleigh) The following was read into record: Ratification of Resolution No. 15 -R -11 Ratifying Resolution No. 15 -R -11 authorizing the application for one grant application with the County of Bexar in the State of Texas for U.S. Department of Housing and Urban Development Community Development Block Grant Program (CDBG) funding and all other matters in connection therewith. Mayor Carpenter called for a motion and recognized Councilmember Fowler who moved, seconded by Mayor Pro -Tem Edwards to approve consent agenda items 1, 2 and 4. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. Discussion and Action Items 3. Resolution No. 15 -R -12 — Consideration and/or action authorizing a Professional Services Agreement with Mark McLiney and Andrew Friedman with SAMCO Capital Markets to serve as the City's Financial Advisor. (J. Kessel /J. Santoya/R, Galindo) The following was read into record: RESOLUTION NO. 15 -R -12 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH MARK MCLINEY AND ANDREW FRIEDMAN WITH SAMCO CAPITAL MARKETS TO SERVE AS THE CITY'S FINANCIAL ADVISOR, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Finance Director Juan Santoya who stated this is a professional agreement with our financial advisors, Mark McLiney and Andrew Friedman. They know the city and have been with us a long while. 2 -17 -2015 Minutes Page - 5 - Mayor Carpenter recognized Councilmember Fowler who stated he understands they are now with a new company. Financial Advisor Mark McLiney explained that their old company, Southwest Securities, was bought out by billionaire Gerald Ford. However, since the buyout, the new management team asked the employees to go in a direction he was not comfortable with. As an example, he said he does not believe a company should be on both sides of a transaction. A municipality and a developer traditionally have diverse separate directions. He believes a financial advisory firm should only represent a public entity, not be on both sides. So he left the firm (as did many others) and joined SAMCO Capital Markets, who have been in business since 1987 and have offices in San Antonio, Austin and Dallas. This company matches his old team's goals by representing and maintaining relationships solely with municipalities and they do not try to represent both sides of a transaction. This company has all the resources it needs to maintain the services and terms the City of Schertz enjoyed before. Mayor Carpenter stated `Ethics and Integrity,' this is why we have a relationship in the first place. Mayor Carpenter called for a motion and recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember Azzoz to approve Resolution No. 15 -R -12. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. 5. Resolution No. 15 -R -13- 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 /J. Santoya/R. Galindo) The following was read into record: RESOLUTION NO. 15 -R -13 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ACCEPTINING THE SEMIANNUAL REPORT WITH RESPECT TO THE PROGRESS OF THE CAPITAL IMPROVEMENTS PLAN, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Director of Finance Juan Santoya who provided information regarding the Capital Improvements Plan Semiannual Report. Mr. Santoya stated the Texas Local Government Code requires the Capital Improvements Advisory Committee (CIAC) to file semi - annual reports with respect to the progress of the capital improvements plan and report to City Council any perceived inequities to implement the plan or impose impact fees. 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 includes a capital recovery balance report for April 1, 2014 through September 30, 2014 and draft CIAC minutes from January 28, 2015. The CIAC met and unanimously approved the Capital Improvements Semi - annual Report. Mr. Santoya provided the following information: 2 -17 -2015 Minutes Page - 6 - Apr 1, 2014 to Sept 30, 2014 Beginning Impact Fee Balance Revenues: Impact Fees 1 Interest Earned 2 Investments Income' Capital One - Investment Income 4 Expenses: Legal Services 5 Auditor /Accounting Services 6 Investment Mgt Fee - Sewer 7 South East Quad Elevated Tank 8 S. Reg Reclamation Plant - Pre - Design 9 Total Revenue Over /(Under) Expense * * * * * * * * * * * * ** Il"ACTS FEES Water Sewer Total 4,519,502.99 3,698,280.82 8,217,783.81 298,620.10 274.98 2,641.21 0.00 139,445.16 174.99 1,038.22 5,401.63 43 8,065.26 449.97 3,679.43 5,401.63 (58.50) 0.00 (58.50) (1,000.00) (1,000.00) (2,000.00) 0.00 (2,148.01) (2,148.01) 6.77 0.00 6.77 0.00 6,042.30 6,042.30 300,484.56 148,954.29 449,438.85 Ending Impact Fee Balance 4,819,987.55 3,847,235.11 8,667,222.66 Staff recommends approval of Resolution 15 -R -13 accepting the Semi - annual Report as filed by the Capital Improvements Advisory Committee. Mayor Carpenter called for a motion and recognized Mayor Pro -Tern Edwards who moved, seconded by Councilmember Thompson to approve Resolution No. 15 -R -13 accepting the Semi - annual Report as filed by the Capital Improvements Advisory Committee. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. Roll Call Vote Confirmation Deputy City Secretary Donna Schmoekel provided the roll call vote information for agenda items 1 through 5. Requests and Announcements 6. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives No further announcements were made. j 7. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 2 -17 -2015 Minutes Page - 7 - No requests were made. 8. Requests by Mayor and Councilmembers to City Manager and Staff for information. No requests were made. 9. Announcements by Mayor and Councilmembers Mayor Pro -Tem Edwards left the meeting at 6:38 p.m. • 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 recognized Councilmember Fowler who stated he had a couple of kudos for city staff regarding the traffic problem of turning right out of the Woodland Oaks subdivision onto Schertz Parkway. City staff went out and discovered we did not have a center lane. This feature was added by marking off a turn lane to increase the efficiency of traffic flow leaving the subdivision. He thanked Executive Director of Development Services Brian James and asked him to thank the team that went out there. Councilmember Azzoz added his thanks as well and said everything works well now. Mayor Carpenter recognized Councilmember Thompson who stated he wanted to thank someone he has not yet met. He explained his wife is a long distance runner and was running Saturday along Buffalo Drive around 11:30 a.m. He was driving beside her for a short while talking to her and pacing her, and just as he drove away a police officer pulled up after him beside his wife to ask if she was okay. He had spotted the `odd behavior' of a car driving beside a woman pedestrian and was double checking on her safety. Councilmember Thompson said he did not know who to thank so he extended his thanks to the Schertz Police Department in general. Mayor Carpenter stated that was a fantastic story and he hopes things like that happen in the City all the time. He added that Councilmember Edwards had to leave a few minutes ago and since we now do not have a full council, he recommended we postpone the executive session scheduled for this evening to a later date. Executive Session 11. City Council will meet in closed session under section 551.074 Evaluation of the City Secretary and Deputy City Secretary. Council did not meet. 2 -17 -2015 Minutes Page - 8 - Adi ournment Meeting was adjourned at 6: 42 p.m. rATTtST: - Brenda Dennis, City Secretary 2 -17 -2015 Minutes Page - 9 -