03-03-2015 MinutesMINUTES
REGULAR MEETING
March 3, 2015
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on March
3, 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 Pro -Tem Cedric Edwards
Councilmember Jim Fowler
Councilmember Daryl John
Staff Present:
Deputy City Manager John Bierschwale
Chief of Staff Bob Cantu
City Secretary Brenda Dennis
Mayor Michael Carpenter was absent.
Call to Order
Councilmember Grumpy Azzoz
Councilmember Robin Thompson
City Manager John Kessel
Executive Director Brian James
City Attorney Charles Zech
Mayor Pro -Tem Edwards called the meeting to order at 6:00 p.m.
Invocation and Pledges of Allegiance to the Flatus of the United States and the State of
Texas (Mr. Ken Ratcliff, Schertz Church of Christ)
Mr. Ken Ratcliff 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 Pro -Tem Edwards recognized Director of Development Services Brian James who
provided the following announcements:
Friday, March 6, City Council Retreat at GVEC Western Operations Center meeting
room, 6400 IH 10 — West, Seguin.
Saturday, March 7, Wilenchik's Walk for Life, 5K walk along Schertz Parkway,
(raising funds for cancer- CTRC); Meet at Samuel Clemens High School Parking lot,
1001 Elbel Rd at 8:00 a.m. For more information go to visitschertz.com.
• Announcements and recognitions by City Manager (J. Kessel)
Mayor Pro -Tem Edwards recognized City Manager John Kessel who moved to the
employee recognition section of the agenda.
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Employee Recognition
• Mike Trainor — Parks Department 20 years of service
• Jim Hooks — Public Works Department 25 years of service
• Harry Hewlett — Fire Department 25 years of service
Mayor Pro -Tem Edwards recognized City Manager John Kessel who recognized Park
Foreman Mike Trainor for his 20 years of service providing background information on
his career with the City of Schertz.
Mr. Kessel recognized Assistant Public Works Director Jimmy Hooks for his 25 years of
service providing background information on his career with the City of Schertz. Mr.
Hooks introduced his wife Glenda who was in the audience this evening.
Mr. Kessel recognized Battalion Chief Harry Hewlett for his 25 years of service
providing background information on his career with the City of Schertz. Mr. Hewlett
introduced his wife Robin, daughter Sarah and son Hunter who were in the audience this
evening. Mr. Hewlett also introduced the C -Shift members who were also present.
Hearing of Residents
Mayor Pro -Tem Edwards recognized the following individuals who spoke:
Ms. Maggie Titterington, Schertz Chamber President, who provided information on the
upcoming Chamber Events. Ms. Titterington also spoke in favor of agenda item 4 regarding the
Inter -local Agreement with the San Antonio River Authority for sewage transportation, treatment
and disposal in Southern Schertz. Ms. Titterington thanked all those involved in this project.
Executive Session
Mayor Pro -Tem Edwards recessed the regular meeting at 6:31 p.m. into Executive Session.
1. City Council will meet in closed session under Texas Government Code Section 551.072,
to deliberate the purchase of approximately 4.138 acres, a 16 -foot permanent waterline
easement and a 25 -Foot temporary construction easement located at 12250 Schaefer
Road, Schertz, Texas.
Reconvene into Regular Session
Mayor Pro -Tem Edwards reconvened into Regular session at 6:47 p.m., and asked if there was
any action to be taken from Executive. Session and recognized Councilmember Azzoz who
moved seconded by Councilmember Thompson to approve Item No. 2. Mayor Pro -Tem
Edwards stated that as a point of order they were not supposed to approve anything out of
executive session; there was no action to be taken out of executive session and asked that
Councilmember Azzoz withdraw his motion. Councilmember Azzoz withdrew his motion.
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Discussion and Action Items
2. Resolution No. 15 -R -14 — Consideration and /or action approving a Resolution
authorizing the purchase of approximately 4.138 acres, a 16 -foot permanent waterline
easement and a 25 -Foot temporary construction easement located at 12250 Schaefer
Road, Schertz, Texas. (J. Bierschwale /S. Willoughby /C. Raleigh)
The following was read into record:
RESOLUTION NO. 15 -R -14
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS APPROVING A PURCHASE AND SALE WITH WESLEY H. RIJMPF,
IN CONNECTION WITH THE PURCHASE BY THE CITY OF REAL
PROPERTY LOCATED ALONG SCHAEFER ROAD, DESCRIBED AS A
TRACT OF LAND CONTAINING 4.138 ACRE TRACT, MORE OR LESS,
BEING A PORTION OF THE REMAINDER OF THAT CERTAIN 14.48 ACRE
TRACT OF LAND CONVEYED TO WESLEY H. RUMPF IN VOLUME 6622,
PAGE 328 AS WELL AS A 16 -FOOT WIDE WATER LINE EASEMENT
DESCRIBED AS A 0.655 ACRE, 28,549.47 SQUARE FOOT WATER LINE
EASEMENT AND A 25 -FOOT WIDE TEMPORARY CONSTRUCTION
EASEMENT DESCRIBED AS A 1.048 ACRE, 45,629.78 SQUARE FOOT
TEMPORARY CONSTRUCTION EASEMENT BEING A PORTION OF THE
REMAINDER OF THAT CERTAIN 14.48 ACRE TRACT OF LAND CONVEYED
TO WESLEY H. RUMPF IN VOLUME 6622, PAGE 328 OF THE OFFICIAL
RECORDS OF REAL PROPERTY ALL LOCATED IN THE CITY OF
SCHERTZ, BEXAR COUNTY, TEXAS, AND OTHER MATTERS IN
CONNECTION THEREWITH
Mayor Pro -Tern Edwards recognized Councilmember . Azzoz who moved, seconded by
Councilmember Fowler to approve Resolution No. 15 -R -14. The vote was unanimous
with Mayor Pro Tem Edwards, Councilmembers Fowler, Azzoz, John and
Thompson voting for and no one voting no. Motion passed.
3. Minutes - Consideration and/or action regarding the approval of the minutes of the
Regular Meeting of February 24, 2015. (J. Kessel/B. Dennis)
Mayor Pro-Tern Edwards recognized Councilmember Azzoz who moved, seconded by
Councilmember John to approve the minutes of the Regular Meeting of February 24,
2015. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers
Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion
passed.
4. Resolution No. 15 -R -18 — Consideration and/or action approving a Resolution
authorizing an Inter -local Agreement between the City of Schertz, Texas and the San
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Antonio River Authority for sewage transportation, treatment and disposal in Southern
Schertz. (J. Bierschwale /S. Willoughby /C. Raleigh)
The following was read into record:
RESOLUTION NO. 15 -R -18
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY
OF SCHERTZ, TEXAS AND THE SAN ANTONIO RIVER AUTHORITY FOR
SEWAGE TRANSPORTATION, TREATMENT AND DISPOSAL IN SOUTHERN
SCHERTZ AND OTHER MATTERS IN CONNECTION THEREWITH
Mayor Pro -Tern Edwards recognized Public Works Project Manager Cindy Raleigh who
introduced this item stating upon the Development of the Laura Heights Subdivision in
Southern Schertz staff determined that there was a need to enforce developments to
install sanitary sewer service in this rural area to prevent from the use of multiple spray
aerobic septic systems. These systems were causing too much water to be saturated into
the ground and in return caused failure of streets. Due to the development in the area,
there are too many homes planned to allow septic on all units. Schertz needs to have the
ability to enforce the use of sanitary sewer service in this area. The San Antonio River
Authority (SARA) holds the Certificate of Convenience and Necessity (CCN) for sewer
service in this watershed. Staff began discussions with SARA in early 2013 and during
this time it was determined that SARA only desired to treat the sewage but was not
interested in collection. Staff agreed that the City would handle collection if SARA
would manage treatment. This is similar to the agreement we have with CCMA. Staff
has received letters from developers and property owners in the area requesting that the
City serve the area with Sanitary Sewer Service.
Ms. Raleigh stated that to achieve this agreement, the City must first apply for a dual
CCN for this area from the Public Utility Commission (PUC). An Interlocal Agreement
(ILA) between SARA and the City is a necessary requirement to the application. The
ILA was drafted and reviewed by both SARA and the City. The Board of Directors for
SARA requests approval by City Council before proceeding with approval. The City
needs this dual CCN to plan, design, and construct sewer lines as well as enforce the use
of these lines by developers in lieu of the use of septic systems. Staff recommends
approval of the ILA with SARA to complete one of the requirements of the PUC for dual
certification. Staff recommends approval of Resolution 15 -R -18 approving an Interlocal
Agreement between the City of Schertz and San Antonio River Authority for Sewage
Transportation, Treatment, and Disposal in Southern Schertz. Ms. Raleigh stated that
Mr. Gomez with the San Antonio River Authority was here tonight to address any
questions Council may have.
Mayor Pro -Tem Edwards recognized City Manager John Kessel who stated that this
evening a resident spoke in favor of this item to provide sanitary sewer services to the
Southern Schertz area. Mr. Kessel also gave his personal appreciation to the San Antonio
River Authority for working with the City.
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Mayor Pro -Tem Edwards called for a motion and recognized Councilmember Azzoz who
moved, seconded by Councilmember John to approve Resolution No. 15 -R -18. The vote
was unanimous with Mayor Pro Tem Edwards, Councilmembers Fowler, Azzoz,
John and Thompson voting for and no one voting no. Motion passed.
Resolution No. 15 -R -19— Consideration and /or action approving a Resolution
authorizing a Memorandum of Understanding with the City of Cibolo related to the Keli
Heights Subdivision. (J. Bierschwale, S. Willoughby /C. Raleigh)
The following was read into record:
RESOLUTION NO. 15 -R -19
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING A MEMORANDUM OF UNDERSTANDING WITH
THE CITY OF CIBOLO RELATING TO THE KELI HEIGHTS SUBDIVISION,
AND OTHER MATTERS IN CONNECTION THEREWITH
Mayor Pro-Tem. Edwards recognized Public Works Director Sam Willoughby who
introduced this item answering questions from Council. Mr. Willoughby stated this item
is a cooperative project between the City of Schertz and the City of Cibolo which will
provide assistance to an area that is in need of adequate water services. Development of
this subdivision will provide an opportunity for Schertz to eliminate a failing lift station
in the area through the use of Cibolo's Gravity Fed Sewer Lines.
Mr. Willoughby stated the City of Cibolo . services the area south of the Whisper
Meadows Subdivision that is being developed. The City of Cibolo has approached the
City of Schertz requesting assistance with water services in the area, known as the Keli
Heights Subdivision. Cibolo is unable to provide adequate water service and pressure to
this area at this time. As a cooperative project with a sister city, it is in the best interest of
the City to enter into a Memorandum of Understanding with Cibolo to provide these
services to the area outlined in Exhibit A. When the development is complete, up to 350
acre -feet of treated Edwards Aquifer water will be delivered to this area per year at a
current Wholesale Water Distribution Volumetric Rate of $2.27 per thousand gallons of
water. A base rate will be assessed for usage based on LUE's served per month. As the
development grows, the base rate will increase as the number of LUE's increase based on
the meter size. The City of Cibolo has reviewed the Memorandum of Understanding and
agrees with the terms and conditions. Cibolo will take it forward for approval from their
respective City Council in early March.
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Mr. Willoughby stated there is no fiscal impact to approve the Memorandum of
Understanding. Upon the delivery of the 350 -acre feet of water to the area, the City of
Cibolo will be billed according to usage at the wholesale volumetric rate of $2.27 per
thousand gallons of water with a base rate based on LUE's served per month. Cibolo will
purchase the master meter and will pay for any applicable tap and meter set fees. Based
on 350 -acre feet of water usage, the annual fee collected will be approximately
$258,887.25. Additional funds will be received from the monthly base rate per LUE's
served per month. Staff recommends approval.
Mayor Pro -Tern Edwards called for a motion and recognized Councilmember Fowler
who moved, seconded by Councilmember Azzoz to approve Resolution No. 15 -R -19.
The vote was unanimous with Mayor Pro Tem Edwards, Councilmembers Fowler,
Azzoz, John and Thompson voting for and no one voting no. Motion passed.
6. Resolution No. 15 -R -17 — Consideration and/or action approving a Resolution
authorizing a Contract with Pesado Construction Company related to the Town Creek
Sewer FM 482 Gravity Trunkline Project (J. Bierschwale /S. Willoughby /C. Raleigh)
The following was read into record:
RESOLUTION NO. 15 -R -17
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING A CONTRACT WITH PESADO CONSTRUCTION
COMPANY RELATED TO THE TOWN CREEK SEWER LINE PROJECT
PHASE HI - FM 482 GRAVITY TRUNKLINE PROJECT AND OTHER
MATTERS IN CONNECTION THEREWITH
Mayor Pro -Tem Edwards recognized Public Works Project Manager Cindy Raleigh who
introduced this item addressing questions from Council. Ms. Raleigh stated as part of the
Capital Improvement Plan, The Town Creek Sewer Line Project Phase III — FM 482
Gravity Trunkline Project is ready for construction. The City desires to construct 4,200
linear feet of 12 -inch Gravity Trunkline along the FM 482 corridor. This is Phase III of
approximately five phases that began in 2007 for the Project. The line begins in Cibolo
at FM 78 and crosses IH -35 to FM 482. The project has been designed by Ford
Engineering. Staff has acquired and Council has approved all easements needed to
complete this section of the project.
The project was publicly bid using the Competitive Sealed Bid Proposal Method. This
method allows the City to choose a contractor not only based on cost, but on
qualifications and experience as well. Four bids were received for this project. Two
bidders were from Austin, one from San Antonio, and one, Pesado Construction, from
Schertz. Staff met with Ford Engineering and Pesado Construction on February 24, 2015
to negotiate the project as required per the Competitive Sealed Bid Proposal Method. All
parties agree that the design has been optimized to the most cost - efficient manner
possible; no further construction cost savings could be identified; therefore based on
qualifications, experience, and price staff recommends contracting with Pesado
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Construction Company of Schertz to complete the Town Creek Sewer Line Project Phase
III - FM 482 Gravity Trunkline Project in the amount of $821,797.40. The Engineers
estimate was $762,546.59. The City has a positive history with Pesado Construction. In
fact, Pesado completed Phase II of this project in 2011. Staff recommends Council
approve hiring Pesado Construction Company in the amount of $821,797.40 for the
Town Creek Sewer Line Project Phase III — FM 482 Gravity Trunkline.
Mayor Pro -Tem Edwards called for a motion and recognized Councihnnember Thompson
who moved, seconded by Councilmember Fowler to approve Resolution No. 15 -R -17.
The vote was unanimous with Mayor Pro Tem Edwards, Councilmembers Fowler,
Azzoz, John and Thompson voting for and no one voting no. Motion passed.
7. Temporary Employee Sick Leave Pool Policy — Discussion, consideration and/or
action regarding approval of a temporary employee sick leave pool policy. (J. Kessel/J.
Bierschwale)
Mayor Pro -Tem Edwards recognized Deputy City Manager John Bierschwale who stated
currently City of Schertz employees are provided a sick leave policy to protect them
financially during times of need; however, from time to time employees exhaust their
sick leave due to a significant illness, accident or having a child. This can be significant,
particularly if they are a new employee who had not had the opportunity to earn and save
sick leave time. While the City has a catastrophic illness policy, this policy does not
trigger for some events, nor does it fully offset their lost salary leaving a gap in coverage
from time to time. Additionally, many employees have accumulated significant hours of
unused sick leave and many of these have asked if they could donate sick leave to
coworkers in need.
Staff wishes to develop a new policy to be submitted in the future to the City Council for
consideration that would create a program to allow city employees to voluntarily donate
their earned sick leave hours, define qualifying events and establish a review process for
sick leave requests. Other municipalities have such programs and they are successful if
properly developed.
In order to be nimble and not leave a gap while the final policy is being developed, Staff
would request City Council consider authorizing the City Manager to implement a
temporary stop gap measure until the Human Resources Department can finalize a sick
leave pool to address this issue.
The cost of this Temporary Sick Leave Pool will be borne by City of Schertz employees
voluntarily transferring earned sick leave hours from their account to the account of the
employee in need.
Staff recommends City Council authorize the City Manager to develop a temporary sick
leave pool policy while staff develops a final policy for Council consideration. Such
temporary policy would include a process for submitting a request to transfer sick leave
hours to an employee in need of assistance. The review body will be made up of the HR
Director, Finance Director and Chief of Staff which will review the request and either
approve or disapprove it. An employee may appeal a decision to disapprove a request to
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the City Manager. Mayor Pro -Tern Edwards and Council provided their comments of
approval on this item.
Mayor Pro -Tern Edwards moved to approve the temporary sick leave pool policy,
seconded by Councilmember Azzoz. 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
City Secretary Brenda Dennis 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 were provided.
9. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
Mayor Pro -Tem Edwards recognized Councilmember Thompson who asked that an
update on the Senior Center be placed on a future agenda.
Mayor Pro -Tem Edwards recognized Councilmember Azzoz who asked and desired that
the City look into an ordinance like the City of San Antonio has passed of a no cell phone
use within the City. He had recently experienced driving behind someone who had
dropped their phone and had a very bad accident. City Manager John Kessel stated that
staff is currently working on such an ordinance and recognized Development Services
Director Brian James who stated that the ordinance will be brought before the
Transportation Safety Advisory Commission (TSAC) at their next meeting for discussion
and consideration to bring before the Council. Councilmember Thompson also asked if
this ordinance would include distracted drivers.
Mayor Pro-Tern Edwards recognized Councilmember Fowler who asked for an update on
the audio system and acoustics for the Council Chambers. City Manager John Kessel
stated that the plan is to have the new system installed by the end of the month. Mr.
Kessel also stated that one of the improvements will be to put some acoustic treatments
on the walls which will help reduce echoes in the room. Mr. Kessel stated that if Council
wanted to see how the acoustic materials work they could go to the Animal Adoption
Facility as they have a room that these materials were installed in.
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10. Requests by Mayor and Councilmembers to City Manager and Staff for information.
t
No requests were made.
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 Pro -Tem Edwards recognized Councilmember Thompson who stated he wanted to
recognize the Schertz- Cibolo Lions Club who recently did a lot of volunteer work and
improved one of our parks and brought it up to date. He appreciates that organization.
Mayor Pro -Tem Edwards recognized Councilmember Azzoz who stated last Thursday he
attended the TXDOT meeting regarding the plan for a possible toll road. He stated that it
looks like there will be 44 exits, and no exits for Schertz. He stated that he is not in favor
of the project and encouraged those to let them know. He stated that we need to look at
light rail to relieve the congestion. He stated that there would be a negative economic
impact should this toll road project be approved. He prefers that they go with light. rail.
Mayor Pro-Tem. Edwards stated that this is why they have a liaison on that board for light
rail.
Adjournment
As there was no further business the meeting was adjourned at 7:25 p.
Cedric E wards, Mayor Pro -Tem
er�da Dennis, City Secretary
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