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03-10-2015 MinutesMINUTES REGULAR MEETING March 10, 2015 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on March 10, 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 Executive Director Dudley Wait City Attorney Charles Zech Deputy City Secretary Donna Schmoekel Call to Order Mayor Pro -Tem Cedric Edwards Councilmember Grumpy Azzoz Councilmember Robin Thompson City Manager John Kessel Executive Director Brian James Chief of Staff Bob Cantu City Secretary Brenda Dennis Mayor Pro -Tem Edwards 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 (Mayor Pro -Tem Edwards) Mayor Pro -Tem Edwards provided the invocation followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. Mayor Pro -Tem Edwards recognized Cameron Kissner with Troop 51 who was in the audience this evening. Mayor Pro -Tem Edwards stated that he was here this evening working on his Citizenship in the Community merit badge; Mayor Pro -Tem Edwards had Cameron stand to be recognized. 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 13, 2015, 10:30 a.m. City Manager Conference Room, first of a three part webinar covering bills and issues that affect our City. Other dates are Friday, April 17 and Friday, May 15th. • Tuesday, March 17, 2015, Northeast Partnership and Guadalupe Regional Mayor's Association trip to Austin- Capital, meet at the Livingway Christian Church, 13285 IH 03 -10 -2015 Minutes Page - i - 35 North, Live Oak, Texas. Representative Joe Farias has reserved the Member's Lounge for the group from 11:00 a.m. to 2:00 p.m. • Wednesday, March 18, 2015, Corbett Junior High, 6:30 p.m. — this is the first of three Community Budget Meetings. • Thursday, March 19, 2015, 6ffi Annual "The Taste" All American, Schertz Civic Center, tickets are on sale now. • Thursday, March 19, 2015, Sippel Elementary School, 6:30 p.m., 2nd Community Budget Meeting. • Thursday, March 26, 2015, Schertz United Methodist Church, 6:30 p.m., 3rd Community Budget Meeting. • Announcements and recognitions by City Manager (J. Kessel) Mayor Pro -Tem Edwards recognized City Manager John Kessel who stated he wanted to singularly send his appreciation to the Police, Fire and EMS Departments for the work they did on the missing child that we had last week. Particularly he wanted to single out Lt. Correu who helped organize all those departments. He stated he is such a valued member of that department and did an outstanding job, and it is very much appreciated in the City. Mr. Kessel stated that we actually received some comments from other law enforcement agencies that were helping out commending him on his performance. Mr. Kessel also wanted to point out some housekeeping items they are working on and wanted to use this opportunity as we have some folks here to mention them. Mr. Kessel stated that we are working on the facilities master plan. He stated we have actually received most of the information back from staff on this project. By the end of the week we should have some initial staffing level projections and will also have some other early information back from the consultant on how much building space we will need when we are 50,000 in population. This will allow us to make good decisions on this. Mr. Kessel stated that we also kicked off our employee class and compensation study. He is proud to say that we had 229 employees participate and attend the orientation where they spent an hour with a company representative; this was a great turn out. Mr. Kessel stated look for the JAT's, if you are an employee you know exactly what this is, if not it is the Job Assessment Tool; those will go out next week. This is a critical tool that staff will be filling out and turning back in for evaluation. Mr. Kessel stated that we also have something that we do regularly which is make available to the general public the abatements and refunds that we give to the different companies. He stated that what we want to do is put these into our Council books as an informational item so they are of record. These can be searched in our electronic Laser Fiche file on -line 24/7 through the website. He stated that we will have two (2) of these coming out for two (2) different projects: (1) Caterpillar and (2) the Capital Group. These will be available on March 24, 2015. He stated these are projects that were previously approved by Council. He stated that he wanted to make this announcement, normally we would be providing these on March 17, 2015, but that particular meeting is 03 -10 -2015 Minutes Page - 2 - going to be cancelled. He just wanted to make sure that the general public is made aware of the financial transparency. Lastly Mr. Kessel stated that the final item is if you are somewhat bothered by the acoustics in this room, and it is hard to hear, our project does kick off to remodel the acoustics on the building on March 25, 2015. By the next meeting in April we should see that the sound system will be a lot better with a lot less echoing in the room. Mayor Carpenter arrived at 6:07p.m. Employee Recognition New Employee: Patrick Mays, Code Enforcement Officer, Marshal Services Department. Marshal Mike Harris introduced Patrick, stating he was born in Jackson, Mississippi and moved to Gary, Indiana when he was three years old. After graduating from Lew Wallace High School in 1995, he moved back to Mississippi to start a career in Law Enforcement with the Jackson Police Department where he served for seven years. In 2007 he graduated from Jackson Statue University with a bachelor's degree in criminal justice. He furthered his education by receiving a Master's Degree in counseling studies from Capella University in 2012. After moving to Texas in November 2012, Patrick worked for the Texas Department of Family and Protective Services as a child abuse investigator. Patrick now joins our staff as a Code Enforcement Officer. Patrick introduced his family members who were present this evening. Mayor and Council welcomed Patrick to the city staff. • Employee Promotion: David Taylor, Part Time Kennel Tech to full time Shelter Tech, Animal Services Department. Marshal Harris introduced David stating he is married and has six children. He loves the outdoors, hunting and going camping when he can. He has worked security at a military installation in Ohio, and he also worked at the water department in Converse, Texas. He moved back to Schertz in 2009 to be near family and began working with the City of Schertz in January 2015 as a part-time Kennel Tech. David has now accepted the position of Shelter Tech and is now part of our full -time staff. Mayor and Council welcomed David to the team. • Employee Achievement: Lt. Steve Pulaski completed the Law Enforcement Management Institute of Texas Leadership Program and he also received his Masters Peace officer Certification from the Texas Commission on Law Enforcement, Marshal Services Department. Mayor Carpenter recognized Marshal Harris who introduced Steve stating that he began his career with the City of Schertz as a reserve officer in February 1995 and was hired full -time in May of 1995. In April of 2000 he left the City for a job with the Schertz Cibolo Universal City ISD Police Department and in 2003 returned as the City's warrant officer. In 2005 the City hired an additional warrant officer and Steve was promoted to 03 -10 -2015 Minutes Page - 3 - the rank of Corporal to oversee the Warrant Division. In 2007 Steve was promoted to Sergeant. Steve assisted in the creation of the Schertz Marshal's Office in 2008 and has since been promoted to his current rank of Lieutenant. On February 27, 2015, Steve graduated from the Law Enforcement Management Institute of Texas, Leadership Command College (LLC). In the 25 years of LCC's existence only 1,632 peace officers have completed the program out of approximately 76,000 Texas Peace Officers. Steve was awarded his Master Peace Officer certification on February 14, 2015. Steve introduced members of his family who were in the audience this evening. Mayor and Council congratulated Steve on his recent accomplishments. Presentations • Guadalupe Regional Medical Center — Prescription Assistance Program report. (J. Bierschwale /Jerry Riggs) Mayor Carpenter recognized Prescription Assistance Manager Jerry Riggs who stated on March 5, 2013, City Council approved an Interlocal Agreement with Guadalupe Regional Medical Center (the Hospital) relating to a prescription access program. This program offers assistance to qualified citizens of the city that enables them to purchase prescription medication at a significantly reduced price. The provision of a prescription assistance program is a public purpose and preserves and protects these qualified citizens' health and safety. The Hospital will provide prescription medications free of charge or at a low cost to citizens who qualify for assistance under the guidelines established by each drug manufacturer and as described to the City by the Hospital. The Hospital will comply with all federal, state, county, and City laws, rules, ordinances, and regulations which may affect the agreement. A written report will be provided by the Hospital to the City Council of the City on or about March 1 and September 1 of each year. This report will document that the payments made by the City have primarily benefitted citizens of the City and will include such information as total number of resident patients served, number of prescriptions filled, retail dollar value of prescriptions, and sources of program funds. The fiscal impact to the City is $5,000 annually. This is a budgeted item. The City's contribution helps pay for the cost of administering the program. Mayor and Council thanked Mr. Riggs for his report and expressed appreciation for his work. Hearing of Residents No one spoke. Discussion and Action Items 03 -10 -2015 Minutes Page - 4 - 1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of March 3, 2015. (J. KesselB. Dennis) Mayor Carpenter recognized Councilmember Fowler who moved, seconded by Mayor Pro -Tem Edwards to approve the minutes of the Regular Meeting of March 3, 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. 2. Resolution No. 15 -R -20 — Consideration and/or action approving a Resolution accepting the 2014 Annual Racial Profiling Report. (J. Bierschwale/M. Hansen) The following was read into record: RESOLUTION NO. 15 -R -20 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ACCEPTANCE OF THE 2014 RACIAL PROFILING REPORT, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Police Chief Michael Hansen who stated that the Texas Code of Criminal Procedure Article 2.134 requires the chief administrator of the law enforcement agency to submit an annual report concerning data obtained on traffic stops to the governing body of the municipality served. The annual racial profiling report is now being submitted for review and staff recommends approval of the results of the 2014 Annual Racial Profiling Report. Mayor Carpenter recognized Mayor Pro -Tem Edwards who requested that this report be placed on the City's website for transparency. Mayor Carpenter recognized Councilmember Fowler who stated that this report represents to him we are a City of all people and stated that he appreciates all the efforts of the Police Department. Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember Azzoz to approve Resolution No. 15 -R -20. 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. Resolution No. 15 -R -21 — Consideration and/or action approving a Resolution authorizing a Professional Services Agreement with Lockwood, Andrews & Newnam, Inc., relating to Engineering and Design for the Woodland Oaks Retaining Wall Project. (B. James/K. Woodlee) The following was read into record: 03 -10 -2015 Minutes Page - 5 - RESOLUTION NO. 15 -R -21 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH LOCKWOOD, ANDREWS & NEWNAM, INC., RELATING TO ENGINEERING DESIGN SERVICES FOR THE WOODLAND OAKS RETAINING WALL, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized City Engineer Kathy Woodlee who stated a retaining wall constructed of railroad ties exists along the right of way line at the northwest corner of the intersection of Woodland Oaks and Woodbridge Way. A portion of the wall is currently failing and the remaining section of the wall is in danger of failure at some point in the future. The wall was constructed between 1998 and 2003; however no records of its construction are available. Staff engaged on -call engineering firm Lockwood, Andrews & Newnam, Inc., (LAN) to perform a boundary survey and condition assessment of the wall. The boundary survey confirmed that the wall is primarily located within the City's right of way. The condition assessment of the wall identified that a portion of the wall is in a failure condition currently and the remainder will likely fail in the future. The assessment and survey are attached to this memo. The assessment also identified that the cause of the failure is improper construction. It is uncertain if there was an engineered design of the wall. She stated based on the condition assessment, it is recommended that the existing wall be removed and replaced The approval of the Professional Services Agreement with LAN, Inc., will allow for this project to be designed and bid for construction. The agreement includes geotechnical testing, evaluation, and design services for this project. A current preliminary estimate of construction cost for the project is $101,000 which includes a substantial amount of contingency due to the uncertainty of necessary aspects of construction. Efforts will be made to ensure the most cost effective design solution. Depending on the ultimate design and final construction costs, staff will explore options for funding construction of the replacement wall. The existence of the retaining wall in its current failed state is an ongoing safety concern and a nuisance from an aesthetic and pedestrian perspective. Removal and replacement of the wall is imperative. Engineering design of a solution to the failing retaining wall is the first step to providing a durable and maintenance free community improvement. Engineering and design cost for the project in the amount of $23,100 to be paid for from the Engineering Department budget for Professional Services. Staff recommends Council approve hiring LAN, Inc., to engineer and design a replacement of the retaining wall on the northwest corner of the intersection of Woodland Oaks and Woodbridge Way. Mayor Carpenter recognized Executive Director Brian James who came forward answering questions from Councilmember Azzoz who expressed his concerns on whether 03 -10 -2015 Minutes Page - 6 - or not we were setting precedence and should we have another request of this type would the city be responsible? Mr. James and Ms. Woodlee also addressed corrective measures that are now in place to avoid this in the future. Ms. Woodlee addressed a concern from Mayor Pro -Tem Edwards regarding the use of rail road ties. Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember Thompson to approve Resolution No. 15 -R -21. 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. Ordinance No. 15 -T -09 — Consideration and/or action approving an Ordinance authorizing a budget adjustment for the Thoroughfare Plan and Roadway Impact Fee Study in the amount of $130,000.00. First Reading (B. James/K. Woodlee) The following was read into record: ORDINANCE NO. 15 -T -09 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT FOR THE THOROUGHFARE PLAN AND ROADWAY IMPACT FEE STUDY IN THE AMOUNT OF $130,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE Mayor Carpenter recognized City Engineer Kathy Woodlee who stated that the purpose of the Master Thoroughfare Plan is to provide a framework of land use and infrastructure which will serve as a guide for the efficient movement of vehicles throughout the growing City. The updated Plan will provide goals and objectives for achieving that efficient movement by providing for public input, evaluating projected growth patterns, and forecasting travel needs through travel demand modeling. A roadway impact fee program will provide a funding mechanism for the implementation of identified capital improvements over a 10 -year planning period. In addition to providing a revenue stream, the impact fee program will ensure that new development projects are assessed a fair share of costs for facilities necessitated by new growth. Staff is going to recommend that the City enter into a contract with Freese and Nichols, Inc. (FNI) to conduct this study. The City received responses to the RFQ from two well qualified professional engineering firms. Key City Staff reviewed the submissions and conducted interviews with both. After review of scoring, the City contacted FNI and requested a scope and cost proposal regarding the Thoroughfare Plan Update and Roadway Impact Fee Study. Final negotiations with FNI have been held and the City is ready to proceed with approval of the contract. 03 -10 -2015 Minutes Page - 7 - FNI will provide a functional roadway classification system, update the City's roadway design and development standards, review access management standards and provide recommendations for a capital improvements plan of short- and long -term roadway improvement needs. The Plan will be supported through a public process that includes the input of a Steering Committee, public meetings, and a public hearing process for plan adoption. Forecasts prepared during the preparation of the updated Thoroughfare Plan will be used to establish the impact fee Capital Improvement Plan as required by the Texas Local Government Code. A roadway impact fee credit analysis will also be conducted in order to determine the maximum possible cost per service unit. FNI has prepared a proposal to complete the work and the task fees are as follows: Master Thoroughfare Plan: $ 91,910 Roadway Impact Fee Study: $116,040 Contingency: $ 2,050 Total: $210,000 Mayor Carpenter recognized Budget/Finance Analyst James Walters who came forward briefing the Council on where the funds for this project will come out of. He stated the Capital Recovery Water Fund will provide funding for the Roadway Impact Fee Study portion in the form of a loan program of $116,000. The remaining $94,000, the Master Thoroughfare Plan, will be funded through the General Fund. In FY 2013 -14 the General Fund allocated $40,000 toward this project and in FY 2014- 15 Water & Sewer allocated an additional $40,000 for a total of $80,000 that has already been approved. This ordinance will approve the remaining $130,000. Through proper planning, the City can generate revenue to be used for expansion and improvement of its roadway systems to serve the growing community. In FY 2013 -14 $40,000 was set aside for this project out of the General Fund. To fully fund the General Fund portion of the study of $94,000, an additional $54,000 will need to be authorized. The City is recommending Council recognize an additional $34,392 in collected property taxes and use $19,608 from the General Fund Contingency to fund the remaining $54,000. The property taxes do not reflect additional taxation on the citizens but the total collections authorized for FY 2014 -15 are coming in higher than expected. Overall there is no expected impact on the fund balance and the General Fund will still plan on returning $308,955 to the fund balance as in the original budget presentation. Another $40,000 was budgeted out of the Water & Sewer Fund in FY 2014 -15. This fund will no longer contribute toward the project and will show an additional $40,000 to be returned to its fund balance. In place of the Water & Sewer Funds contributions the Capital Recovery Water Fund will increase its budget by $116,000 for the Roadway Impact Fee Study in the form of a loan to be paid back by fixture roadway impact fee collections. 03 -10 -2015 Minutes Page - 8 - The cost of the project is $207,950 to be paid for from the Master Thoroughfare Plan and Roadway Impact Fee Study Project Account and the funding for this project will be transferred from the General Fund and the Capital Recovery Water Fund. Ms. Woodlee stated staff recommends Council approve the first reading of Ordinance 15- T-09 to budget an additional $130,000 from the General Fund and the Capital Recovery Water Fund for the Thoroughfare Plan Update and Roadway Impact Fee Study Project. If the Ordinance is approved on first reading, Staff will submit a resolution for awarding the contract with FNI to Council at the next council meeting , along with the second reading of this Ordinance. Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Mayor Pro -Tem Edwards to approve Ordinance No. 15 -T -09 on first reading. 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 4. Requests and Announcements Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives Mayor Carpenter recognized City Manager John Kessel who recognized EMS Director Dudley Wait. Mr. Kessel stated that he wanted to publically announce that Mr. Wait is our next Executive Director and will be taking over on an interim basis some of the work that Deputy City Manager John, Bierschwale has been doing in preparation of Mr. Bierschwale' s retirement. Mr. Wait will become Executive Director of Public Safety, which will consist of Police, Fire and EMS and those departments will begin reporting directly to him. He stated that this will take place no later than April 1St. Mr. Kessel stated that we are very pleased with this selection and announcement and congratulated Mr. Wait. Mayor and Council also congratulated Mr. Wait. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No items requested. 7. Requests by Mayor and Councilmembers to City Manager and Staff for information. 03 -10 -2015 Minutes Page - 9 - Mayor Carpenter recognized Mayor Pro -Tem Edwards who stated that the Council had discussed a "Council on the Move Agenda" and we have not had a Council meeting outside of the Chambers in a while and believes it is time to consider this. Mayor Carpenter requested staff place this on the next available agenda for discussion and potential action on holding Council meetings outside the Council Chambers but within the City limits. 8. 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 recognized Mayor Pro -Tem Edwards who stated that they had a great budget retreat on Friday and it turned into a strategic planning and realignment. Mayor Pro -Tem Edwards stated it was a great job by all City staff involved. Mayor Pro -Tem Edwards also stated that the City is going to miss Mr. Bierschwale when he retires. Mayor Pro -Tem Edwards continued in stating the retreat was great and everyone has done a great job and he is looking forward in going out and seeing that we will be accomplishing the things we discussed. Mayor Pro -Tem Edwards also stated that this coming Friday night our Samuel Clemens Buffalos will be playing the Clear Lake Houston team for a chance to play in the championship game at the Alamo Dome for the State Championship. GO BUFFS!! Mayor Carpenter stated Mayor Pro -Tem Edwards is being a little bit modest as his son is on the starting lineup and will be playing on Friday. Mayor Carpenter recognized Councilmember Thompson who concurred with Mayor Pro - Tem Edwards remarks regarding the retreat. Compliments to all those involved. Councilmember Thompson also stated that he wanted to recognize Mary Spence and the Public Works Department for their excellent work on the Wilenchik Walk this past weekend. Executive Session Mayor Carpenter recessed the regular meeting at 6:46 p.m. into Executive Session. 9. City Council will meet in closed session under Texas Government Code Section 551.071 Consultation with Attorney to receive advice on legal issues associated with Section 4.07(a) of the City Charter. 03 -10 -2015 Minutes Page - 10 - 10. City Council will meet in closed session under section 551.074 Evaluation of the City Secretary and Deputy City Secretary. Mayor Carpenter reconvened into Regular session at 7:37 p.m. 9a. Take any necessary action based on discussions held in closed session under Agenda Item number 9. 10a. Take any necessary action based on discussions held in closed session under Agenda Item number 10 including possible increase in salary. No action taken. ,,a , As there was no further business the meeting was adjourned at 7:37 p.m. el R. Carpenter, Mayor ,ATTEST. Brenda Dennis, City Secretary 03-10-2015 Minutes Page - 11 -