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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. 03 -03 -2015 Minutes Page - 1 - 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. 03 -03 -2015 Minutes Page - 2 - 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 03 -03 -2015 Minutes Page - 3 - 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. 03 -03 -2015 Minutes Page - 4 - 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. 03 -03 -2015 Minutes Page - 5 - 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 03 -03 -2015 Minutes Page - 6 - 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 03 -03 -2015 Minutes Page - 7 - 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. 03 -03 -2015 Minutes Page - 8 - 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 03 -03 -2015 Minutes- Page - 9 -