04-28-2015 MinutesMINUTES
REGULAR MEETING
April 28, 2015
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on April
28, 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 Grumpy Azzoz
Councilmember Robin Thompson
Staff Present:
Deputy City Manager John Bierschwale
City Attorney Charles Zech
Mayor Carpenter was absent.
Ball to Order
Councilmember Jim Fowler
Councilmember Daryl John
City Manager John Kessel
Chief of Staff Bob Cantu
Deputy City Secretary Donna Schmoekel
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 ( Councilmember John)
Councilmember John 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 Deputy City Manager John Bierschwale who provided the
following announcements:
• Wednesday, April 29, Blood Drive, Community Center Parking Lot, 8:00 -11:00 a.m.
• Thursday, May 7, Sweetheart Court Coronation, 5:30 -9:00 p.m., Schertz Civic Center
Upcoming Events
• Friday, May 15, Schertz Dog Park Grand Opening, 3:00 -6:00 p.m.
• Sunday, May 17, Schertz EMS Golf Tournament, Olympia Hills Golf Course
• Sunday, May 24, EMS Banquet, 6:00 p.m., Schertz Civic Center
• Announcements and recognitions by City Manager (J. Kessel)
04 -28 -2015 Minutes Page - 1 -
Mayor Pro -Tem Edwards recognized City Manager John Kessel who stated he received a
nice note addressed to the Mayor from Randolph Air Force Base Vice - Commander Jody
Perkins who thanked the city for their services in regard to their Avoid and Safety Hazard
Program. Within twenty minutes of making a phone call, City personnel from Animal
Services (Edward Armstrong) and Code Enforcement (Thomas Brooks) assisted
Randolph Air Force Base with the removal of a feral hog carcass that was attracting a
large number of vultures on one of the base's airplane runways, which was impeding air
traffic on and off the base. It is a very big deal to this council, the community and the
greater Schertz area to be a true team partner with the Air Force. For the Air Force vice
commander to take the time to write this appreciation letter to the mayor speaks highly as
to just how important this relationship is to the base as well as to the City of Schertz.
Hearing of Residents
No one signed up to speak.
Consent Agenda Items
1. Minutes - Consideration and /or action regarding the approval of the minutes of the
Regular Meeting of April 21, 2015. (J. Kessel/D. Schmoekel)
2. Ordinance No. 15 -T -13 — Consideration and/or action approving an Ordinance authorizing
a Budget Adjustment to the Drainage Channel Maintenance Fund for Improvements to the
Laura Heights Drainage Channel — Downstream Section. Final Reading (J. Bierschwale /L.
Busch)
The following was read into record:
ORDINANCE NO. 15 -T -13
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO THE DRAINAGE
CHANNEL MAINTENANCE FUND FOR IMPROVEMENTS TO THE LAURA
HEIGHTS DRAINAGE CHANNEL — DOWNSTREAM SECTION; REPEALING.
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS
ORDINANCE; AND PROVIDING AN EFFECTIVE DATE
Mayor Pro -Tem Edwards recognized Councilmember Fowler who moved, seconded by
Councilmember Azzoz to approve the consent agenda items 1 and 2. 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
04 -28 -2015 Minutes Page.- 2 -
3. Resolution No. 15 -R -32 — Consideration and/or action approving a Resolution authorizing
a contract with Lambda Construction I, Ltd. related to the East Live Oak Pump Upgrade
Project. (J. Bierschwale /C. Raleigh)
The following was read into record:
RESOLUTION NO. 15 -R -32
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING A CONTRACT WITH LAMBDA CONSTRUCTION I,
LTD. RELATED TO THE EAST LIVE OAK PUMP UPGRADE PROJECT AND
OTHER MATTERS IN CONNECTION THEREWITH
Mayor Pro -Tem Edwards recognized Assistant Public Works Director Jimmy Hooks who
stated this project was approved during the 2014 -15 budget year and will be paid for out
of the capital recovery fees. They conducted a public competitive concealed bid process
and although Lambda Construction was the higher of the two bids submitted they based
their selection on the company's experience, corporate history and stability. Also, they
had done similar work projects of this nature in the past. Staff recommends approval
from council. City Manager John Kessel added that they used the best value selection
method as provided for in state law in choosing this company for the project.
Mayor Pro -Tem Edwards recognized Councilmember Fowler who asked if they were
replacing a low pressure pump. Mr. Hooks stated yes, they were replacing the old 50
horsepower pump with a new 100 horsepower pump and also adding a 300 horsepower
pump and can on the high zone.
Mayor Pro -Tem Edwards recognized Councilmember Azzoz who moved, seconded by
Councilmember Fowler to approve Resolution No. 15 -R -32. 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 -33 - Consideration and/or action approving a Resolution
authorizing contracts totaling no more than $100,000 with Advanced Water Well
Technologies for labor and related materials for various separate and unrelated water
pump repair projects during the 2014 -15 fiscal year. (J. Bierschwale /C. Raleigh)
The following was read into record:
RESOLUTION NO. 15 -R -33
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING CONTRACTS TOTALING NO MORE THAN $80,000 WITH
ADVANCED WATER WELL TECHNOLOGIES FOR LABOR AND RELATED
MATERIALS FOR VARIOUS SEPARATE AND UNRELATED WATER PUMP
REPAIR PROJECTS DURING THE 2014 -15 FISCAL YEAR AND OTHER
MATTERS IN CONNECTION THEREWITH
04 -28 -2015 Minutes Page - 3 -
Mayor Pro -Tern Edwards recognized Assistant Public Works Director Jimmy Hooks who
stated in the past few weeks they had a couple of water pumps go down. They contracted
with Advanced Water Well Technologies to pull the pump out. The cost was $23,000.
They were installing that pump when a second pump went out. That cost turned out to be
$30,227. This combined total will bring us over the $50,000 limit we are allowed to
spend on one company without council approval. Since this is the prime season of water
usage we didn't want to get ourselves in a situation where another pump may go out soon
and we would need to use Advanced Water Well Technologies again and not have
permission to do so. Therefore, staff is asking for council's approval to increase the limit
from $50,000 to $80,000. Staff is in the process of getting some other bidders and
working to get a few more on -call companies to do this same service. They are also
wanting to get somebody on call that they can use to change the oil more often and do the
greasing with them.
By approving this item tonight, in the event another pump goes out, staff will be able to
go back to this company and have them fix it without having to first come to council for
approval. However, we also have the option of going with another company if we want
to.
Deputy City Manager John Bierschwale clarified, that after the repair of these pumps are
made the $80,000 limit would allow us to continue hiring this company to do some future
preventive maintenance on these older pumps. This company is very good and these are
emergency repairs.
City Manager John Kessel stated we have three different numbers we are working with.
The first number is the budgeted amount, which has sufficient funding already allocated
and allows us to do this work as well as other work. The second number is the $80,000,
which is a `not to exceed' number that we would be able to go up to (with this particular
company) but not exceed the spending limit without additional council approval. The
third number is the $30,227, which is the amount that we would be entering into a
contract with someone to do the repair service. So council is saying yes to $30,227 for a
contract and not to exceed spending $80,000 in any calendar year with that contractor.
Mayor Pro -Tem Edwards recognized Councilmember Azzoz who moved, seconded by
Mayor Pro-Tem. Edwards to approve Resolution No. 15 -R -33. 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. Ordinance No. 15 -M -14 — Consideration and/or action approving an Ordinance
amending the City's Code of Ordinances Chapter 50, Article IV regulating the discharge
of Guns. First Reading (C. Zech/M. Hansen)
The following was read into record:
04 -28 -2015 Minutes Page - 4 -
ORDINANCE NO. 15 -M -14
AN ORDINANCE AMENDING THE CITY'S CODE OF ORDINANCES
CHAPTER 50, ARTICLE IV REGULATING THE DISCHARGE OF GUNS;
PROVIDING FOR CERTAIN EXCEPTIONS; REPEALING ALL ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND
PROVIDING AN EFFECTIVE DATE
Mayor Pro -Tem Edwards recognized City Attorney Charles Zech who stated the City of
Schertz has previously adopted regulations consistent with state law regulating the
discharge of firearms within the city limits. Last year the council amended that regulation
providing for an exception for the discharge of a firearm by a public safety officer on
property owned or leased by the city for purposes of gun training. Recently, the city has
been negotiating with a property owner to allow for training on that property. We need to
amend the current regulations in regard to this exception. The amendment would change
the wording of `public safety officer' to `Schertz Police Officer'. Also we have decided a
licensed agreement would be more appropriate than a lease, so we will be adding `owned,
leased or licensed' by the city for purposes of gun training.
Mayor Pro -Tem Edwards recognized Councilmember Azzoz who moved, seconded by
Councilmember Fowler to approve Ordinance No. 15 -M -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.
6. Resolution No. 15 -R -34 — Consideration and/or action approving a Resolution
authorizing the acceptance of a grant. (J. Bierschwale/M. Hansen)
The following was read into record:
RESOLUTION NO. 15 -R -34
A RESOLUTION BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS AUTHORIZING THE
ACCEPTANCE OF A GRANT, AND OTHER MATTERS IN
CONNECTION THEREWITH
Mayor Pro-Tern Edwards recognized Police Chief Hansen who stated that unlike most of
the grants we come to council with, this one does not require a resolution to apply for the
grant but does require one in order to accept the grant. It is for the amount of $5,340 with
matching funds of $1,335 which we currently have in our budget.
Lt. Correu is also present tonight because he did the actual work on this. grant and can
answer any questions council may have. He is also to be recognized and commended
because two years ago he was offered a challenge to become the Police Department Grant
Officer. During this two year time period he has applied for nearly $2.5 million in grant
money and has successfully gotten the Police Department an amount just under $900,000.
04 -28 -2015 Minutes Page - 5 -
Mayor Pro -Tem Edwards moved, seconded by Councilmember Azzoz to approve
Resolution No. 15 -R -34. 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
Mayor Pro-Tern Edwards recognized Deputy City Secretary Donna Schmoekel who
recapped the votes for agenda items 1 through 6.
Executive Session
7. The City Council will meet in closed session under Section 551.072 of the Texas
Government Code, Deliberation Regarding Real Property.
• Project E -005 -Project Shelter
e
Mayor Pro -tem Edwards announced he was informed earlier this evening that there was no
longer a need to go into Executive Session.
Reconvene into Regular Session
7a. Take any action based on discussions held in closed session under Agenda Item 7.
Item 7 was cancelled. No action taken.
Roll Call Vote Confirmation
Mayor Pro -Tem Edwards recognized Deputy City Secretary Donna Schmoekel who
recapped the votes for agenda item 7a.
Item 7 was cancelled. No action taken.
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.
04 -28 -2015 Minutes Page - 6 -
No items were requested.
10. Requests by Mayor and Councilmembers to City Manager and Staff for information.
Mayor Pro -Tem Edwards - recognized Councilmember Azzoz who requested the
following: an update on 1) the Woodland Oaks Park retaining wall 2) the park signs
where all the letters are missing, 3) the proposed handheld devices ordinance, and 4)
infrastructure, especially Elbel Road, which needs some repairs.
Mayor Pro -Tem Edwards recognized Councilmember Thompson who requested that we
space the recent staff requests by council over the next several weeks in order to give city
staff enough time to gather information and prepare their presentations to council.
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 recognized Chief
of Staff Bob Cantu who was able to set his contacts in motion this week to assist a local
business owner with a power outage. Although the issue was not able to get resolved any
quicker, the utility company (CPS) representative called the business owner personally
and kept them informed on what was being done. Going that extra mile by city staff was
appreciated by the local business proprietor.
Mayor -Pro Tem Edwards recognized Chief of Staff Bob Cantu and Deputy City Manager
John Bierschwale and other members of the Schertz Lions Club in regard to the recent
Casino Night event. This is another local volunteer organization that is doing a good job.
Charles Zech reminded everyone that every year his law firm puts on a free legal seminar
for elected city officials and staff called the Hog Wild Seminar. They have partnered
with Texas State University and the seminar will be held on May 29 in San Marcos. This
year's keynote speaker will be the Mayor of Houston. If you need information on it
please let him know.
Adiournment
As there was no further business the meeting was adjourned at 6:58
C—edr' dwards, Mayor Pro -Tem
04 -28 -2015 Minutes Page - 7 -
ATTEST:
% Donna Schmoekel, Deputy City Secretary
04 -28 -2015 Minutes Page - 8 -