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07-07-2015 MinutesMINUTES REGULAR MEETING July 7, 2015 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on July 7, 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: Executive Director Brian James Executive Director Bob Cantu City Secretary Brenda Dennis Call to Order Mayor Pro -Tern Edwards Councilmember Grumpy Azzoz Councilmember Robin Thompson City Manager John Kessel Executive Director Dudley Wait City Attorney Charles Zech Mayor Carpenter called the meeting to order at 6:01 p.m. Opening Prayer and Pledges of Allegiance to the Flags of the United States and the State of Texas ( Councilmember Daryl John) Councilmember Daryl John provided the opening prayer 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 (B. James/D. Wait/B. Cantu) Mayor Carpenter recognized Executive Director Brian James who provided the following announcements: • Tuesday, July 14 — Registration opens for the TML Conference in San Antonio held on September 22 -25 at the Henry B. Gonzalez Convention Center. Councilmembers contact the City Secretary Office to register for the "early bird" discount rate. • Wednesday, July 15 - VIP Staffing Ribbon Cutting, 1256 FM 78, Ste. 110, 4:00 p.m. • Friday, July 17 - Ribbon Cutting @Wood Creek Vapory, 1420 Schertz Parkway, Suite 200, 11:00 a.m. SAVE THE DATE: • Monday, July 20th, Operation Comfort Fund Raiser, 11:00 a.m. to 3:00 p.m., Sponsored by Grumpy's Cafe, 18817 FM 2252, proceeds will be donated to charity. • Tuesday, July 21, Chamber Monthly Luncheon, Schertz Civic Center, TxDOT Updates and Proposed Projects for area roadways, Schertz Civic Center, 11:30 a.m. 1:00 p.m. RSVP by July 14. • Saturday, August 15, Schertz idol Finale, Crosspoint Church, 5:00 p.m. 7 707 -2015 Minutes Page - 1 - • Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who thanked all the different volunteers who helped with the July 4t' Jubilee Celebration which included the park events, cook -offs, carnival and parade. Presentations • Presentation regarding a new payment Kiosk located at the YMCA, (B. James/M. Clauser) Mayor Carpenter stated he was asked to move this off the agenda until a later date, July 21, as the presentation was not quite ready. • Presentation regarding the recent TAMI Award. (B. Cantu/L. Klepper) Mayor Carpenter recognized Public Affairs General Manager Linda Klepper who stated this was the Schertz Magazine's very first TAMI Award. The program was started in 2001 to serve as a professional high point for municipal communications work in Texas. We have been a finalist several times in the past, winning the Silver Star Award in 2012, and the Award of Excellence in 2013 (both were second place designations). Now, in 2015, we have won the coveted TAMI Award, which had 290 entries. It has been almost thirty years since we began as a one page newsletter and we have evolved to our present format (Schertz Magazine), publishing 13,000+ copies. Special thanks go out to all who had a part in the creation of this publication as well as the magazine staff: Publications Editor Chuck McCollough, Account Manager Chris Matzenbacher and Graphic Designer Alexis Souza. Ms. Klepper also thanked the Schertz community for letting us into their lives and stories and for telling the story of `Schertz'. Mayor Carpenter stated he remembers when they ran the copies on a mimeograph machine. The first year he ran for council he remembers the publication was done on a black and white copy machine and look where we have come. People take the magazine on their vacations all over the globe. He thanked the staff members on behalf of all the residents and staff and council. The magazine is an integral part of who we are as a city. Councilmembers Edwards, Thompson, Fowler, and Azzoz added their congratulations to the staff on the achievement of a very well deserved award and all the great work they do for the City. Hearine of Residents Mayor Carpenter recognized the following individuals who spoke: Mrs. Clare Layton, 12231 Lost Meadows Drive who first commented on the success of the Schertz Magazine. Mrs. Layton addressed the Council regarding their opening prayer 7 -07 -2015 Minutes Page - 2 - and asked that Council include recognition of our veterans, recognize all those currently serving in our military as well as our first responders for their safe keeping. • Mrs. Michele Tereletsky, 705 Marilyn Drive, who spoke on the "Baldwin Ditch" drainage and flooding that occurs during heavy rains that causes standing water. She asked that the City take a look at addressing the drainage issues. Mrs. Tereletsky also thanked the Police Department for responding so quickly during the last heavy rain event. • Mr. Tom DeKunder, 801 Marilyn Drive, who also spoke on the drainage ditch flooding and standing water issue. He also addressed the Council about the ditch behind his property asking that the City take a look to see if they could address the issues. • Ms. Sydney Fischer and Ms. Regina Deason, Schertz Sweethearts who came forward announcing their upcoming service projects. Ms. Fischer stated that her project is titled "Open Hearts" and she explained and outlined her project. Ms. Deason stated that her project is titled "Operation Back to School Cleanup" and she also explained and outlined her project. Each lady passed out a sheet on their projects with their contact information requesting Council's assistance in getting other volunteers to help. Workshop • Discussion and possible action regarding allowing hand -held devices up on the dais and review of the City Council Code of Ethics and City Council Rules of Conduct and Procedure. (Item requested by Councilmember Azzoz and Mayor Carpenter) Mayor Carpenter recognized Councilmember Azzoz who stated he was approached by some citizens asking that the Council not be texting or handling personal business while conducting City business. He stated that he does not text or receive text while serving the citizens while on the dais; he strongly believes that this should be the case with all the Council. Councilmember Azzoz stated that if there is an emergency (he and his wife discussed this) she should call 911 and that they would know exactly where he is and there are two officers in the building that could let him know. He doesn't have to approve a resolution to have. this action taken and is proposing to eliminate cell phone texting and emailing while on the dais during meetings. Mayor Carpenter recognized Mayor Pro -Tem Edwards who stated that he would not ever ask the Police Chief to come get him off the dais for his wife or any member of his family calling. He doesn't believe that it is an effective use of tax dollars to utilize 911 for an emergency in that manner. Mayor Pro -Tem Edwards stated that these are items we have discussed over and over in our strategic planning sessions and workshops. He believes they should take this up again at one of our strategic planning workshops that we regularly have scheduled if that is appropriate and would tend to take that route versus here. Mayor Carpenter recognized Councilmember Fowler who stated that he agreed to a point that it is a courtesy. The citizens that are out in front of us can see that we are really interested in what is being said. He realizes that there are five (5) Ipads and the only thing that he can say about the use of the Ipads is that our agenda and items are on the Ipads. If there is an item that is directly related to a discussion item we may have to go to them and look up a resolution and he believes that would be an acceptable use. He is in agreement with Councilmember Azzoz that we should not be using our electronic devices 7 -07 -2015 Minutes Page - 3 - during council meetings for other things. Councilmember Fowler agreed that they should not be texting while on the dais and is in agreement not to use cell phones while at Council meetings. Mayor Carpenter recognized Councilmember Azzoz who stated that he wants to make it clear to the Police Chief in his statement that he said if there was an emergency and he isn't wasting tax payer's money, that he is serving the tax payers. All he is saying is that if his wife is having an emergency and he is serving, it is a courtesy that someone from the police department would tell him and he is sure that you would be more than happy to tell him. As mentioned by Councilmember Fowler it is a courtesy not to text while serving and he certainly will do that and doesn't need a resolution passed to make him stop the use of texting during meetings. Mayor Carpenter stated that this is a discussion item and we are not asking for a resolution or passing of an ordinance to compel; it is just a discussion point, is that correct? Mayor Carpenter recognized Councilmember Azzoz who stated that if everyone has completed their comments he would like to make a motion to disallow cell phone use while conducting City business. The motion was seconded by Councilmember Fowler. The vote was 2 -3 -0 with Councilmember Fowler and Azzoz voting for, Mayor Pro - Tem Edwards and Councilmembers John and Thompson voting no. Motion failed. Mayor Carpenter stated that other items listed that we may wish to discuss this evening with regard to our City Council Code of Ethics and Rules of Conduct and Procedure; are there any other items they wish to take up at this time? Mayor Carpenter recognized Mayor Pro -Tern Edwards who stated that he would like to discuss the issue of us being able to place items on the agenda. He stated that they used to have the opportunity to place items on the agenda and we would have to have a vote of at least three to agree to place an item on the agenda. He would like to revisit that either via strategic workshop or do it at one of our regular scheduled workshops that we currently have - one of the retreats. Mayor Carpenter restated that he wanted this item up for discussion at one of our quarterly workshops; Mayor Pro -Tern Edwards concurred. Mayor Carpenter requested that the City Secretary include this item in the next quarterly workshop. Mayor Carpenter stated that he has an item that he would like to potentially discuss in the future. He stated that he went back and read the Charter, and he knows that this fall we have a Charter election where the verbiage may change. At the moment the Charter says there are a few ways you can forfeit your office: (1) if you become incapacitated, including passing; (2) if you are convicted of a felony or crime of moral turpitude, and (3) for failing to regularly attend City Council meetings. It says if you are ill or if you are out of state or have a family emergency, then these are the only reasons you can be excused. If the amendment passes in the fall it will be defined for us a little different. The suggested language says that if you miss any three meetings without it being excused then it is determined that you forfeited your office. He wants to make sure that if this passes that we have a meeting shortly afterwards that will amend our Rules of Conduct and Procedures so that we have a defined procedure for deciding what is excused and 7 -07 -2015 Minutes Page - 4 - what is not. Mayor Carpenter stated that the reason he is bringing this up is he was following some things that are going on in another city and they did not have a definition. They had a tradition where folks would just call in to the City Secretary, the Mayor or City Manager and say they were going to be out of town for work and I'm not going to make the meeting and then it was just put in the minutes as excused and Council would not discuss or debate it. This actually became a point of contention. After we have the election in November, if that passes, let's quickly determine what our procedure will be. We do not want anyone to be in the positon of having to be considered unfairly missed meetings because they had to be at work three (3) times during the year, or they went on vacation, etc. He wants to make sure that the procedure is crisp and clear so that no one is unfairly in jeopardy of being removed from Council. Consent Agenda Items Mayor Carpenter stated that he was informed by the City Secretary that agenda item 9 should have been included with the consent items and asked Council if they had any issues with moving this item to consent. Council concurred. 1. Minutes - Consideration and/or action regarding the approval of the minutes of the Special Workshop Meeting of June 19, 2015 and the Regular Meeting of June 23, 2015. (J. Kessel/B. Dennis) 2. Ordinance No. 15 -T -19 — Consideration and/or action approving an Ordinance authorizing a Budget Adjustment to Tree Mitigation Fund 319 to procure Landscape Installation and Maintenance Services for the Schertz Soccer Complex located at 2600 Maske Road. Final Reading (B. James /C. VanZandt) The following was read into record: ORDINANCE NO. 15-T-19 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO THE TREE MITIGATION FUND 319 TO PROCURE LANDSCAPE INSTALLATION AND MAINTENANCE SERVICES FOR THE SCHERTZ SOCCER COMPLEX LOCATED AT 2600 MASKS ROAD; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. Appointments/ Reappointments and Resignations to City Boards, Commissions and Committees — Consideration and/or action regarding appointments /reappointments and resignations to City Boards, Commissions, and Committees. (Mayor /Council/B. Dennis) 9. Resolution No. 15 -R -58 — Consideration and/or action approving a Resolution authorizing an amendment to the Interlocal Cooperation Agreement with the City of Cibolo, Texas and the Schertz - Cibolo - Universal City Independent School District regarding School Resource Officers. (D. Wait/M. Hansen) 7 -07 -2015 Minutes Page - 5 - The following was read into record: RESOLUTION NO. 15 -R -58 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AMENDMENT TO THE INTERLOCAL COOPERATION AGREEMENT WITH THE CITY OF CIBOLO, TEXAS AND THE SCHERTZ - CIBOLO -UN VERSAL CITY INDEPENDENT SCHOOL DISTRICT, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Mayor Pro -Tern Edwards who moved, seconded by Councilmember Thompson to approve the consent agenda items 1, 2, 3, and 9. 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 4. Resolution No. 15 -R -52 — Consideration and/or action approving a Resolution authorizing a Purchase Contract of Improved Real Property between the City of Schertz Economic Development Corporation (SEDC) and the Good Shepherd Catholic Church. (J. Kessel/K. Kinateder) The following was read into record: RESOLUTION NO. 15 -R -52 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PURCHASE CONTRACT OF IMPROVED REAL PROPERTY BETWEEN THE CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION (SEDC) AND THE GOOD SHEPHERD CATHOLIC CHURCH, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized EDC Director Kyle Kinateder who introduced this item answering questions from Council. Mr. Kinateder stated the single - family home sits adjacent to two public uses, the Hal Baldwin Municipal Complex and Clemens High School. Additionally, the City is in the process of evaluating the current and future office /space needs of the SEDC and other City departments. Preliminary findings suggest that additional space is needed. By purchasing the property, the SEDC and City would have additional space to expand. The property owner, the Archbishop of San Antonio, and the SEDC have agreed on a purchase price of $215,000.00 plus associated closing and legal costs. The property will be paid for with SEDC funds budgeted and approved during FY 2014 -2015 from the Land Purchases account. Staff recommends approval of Resolution No. 15 -R -52 in the amount of $215,000 plus closing costs. Councilmembers provided their questions and comments for approval of this item. 7 -07 -2015 Minutes Page - 6 - Mayor Carpenter asked if the EDC had unanimously approved this item and Mr. Kinateder stated yes they approved this at their meeting of June 25, 2015. Mayor Carpenter stated that this is an allowable expense under EDC guidelines and that EDC has the funds available. He also expressed his approval of the purchase. Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember Thompson to approve Resolution No. 15 -R -52. 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 -54 — Consideration and/or action approving a Resolution authorizing an amendment of the Interlocal Agreement for Dispatch Services with the City of Cibolo. (D. Wait/M. Hansen) The following was read into record: RESOLUTION NO. 15 -R -54 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AMENDMENT OF AN INTERLOCAL AGREEMENT FOR DISPATCH SERVICES WITH THE CITY OF CIBOLO, TEXAS, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Police Chief Michael Hansen who introduced this item answering questions from Council. Chief Hansen stated the City entered into an Interlocal Agreement (ILA) with the City of Cibolo for public safety /law enforcement dispatch services on October 1, 2010. Under this agreement, the City furnishes all dispatch services for all calls received requesting City of Cibolo public safety services. The City furnishes all capital equipment and facilities necessary to render dispatch services, including all prerequisite governmental licenses, permits, and personnel, except that the City of Cibolo is responsible for obtaining and providing mobile and portable radios capable of operating on the City of Schertz's radio frequency. Chief Hansen stated that in order to enhance dispatch capabilities, the City of Cibolo has requested to place equipment on the City of Schertz's radio tower. This equipment will improve Cibolo's ability to research call information and will allow for automated alerting for their Fire Department. To facilitate placement of the equipment, the ILA will be amended to state the following: "The City of Cibolo may, upon obtaining written authorization from the City of Schertz, place equipment necessary to the provision of dispatch services contemplated under this agreement upon City of Schertz radio towers (the "placed equipment "); provided that any contract for installing placed equipment or maintenance include the City of Schertz as an additional insured at a level approved in writing by the City of Schertz, the City of Cibolo shall be responsible for the maintenance and repair of the placed equipment, and that the City of Cibolo shall otherwise be responsible for any damage to Schertz -owned property 7 -07 -2015 Minutes Page - 7 - or disruption to service caused by any placement, maintenance or repair of the placed equipment." No other changes will be made to the agreement. There is no fiscal impact for approval of the Resolution, and staff recommends approval. Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Councilmember Fowler to approve Resolution No. 15 -R -54. 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 -55 — Consideration and/or action approving a Resolution authorizing the adoption of Prevailing Wage Rates for Public Works Construction as determined by the U.S. Department of Labor. (D. Wait/J. Kurz) _ The following was read into record: RESOLUTION NO. 15 -R -55 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ADOPTION OF PREVAILING WAGE RATES FOR PUBLIC WORKS CONSTRUCTION AS DETERMINED BY THE U.S. DEPARTMENT OF LABOR, AND OTHER MATTERS IN CONNECTION THEREWITH' Mayor Carpenter recognized Purchasing and Asset Manager Jessica Kurz who introduced this item answering questions from Council. Ms. Kurz stated the City of Schertz is required by Texas Government Code Chapter 2258 to determine the general prevailing rate of per diem wages for each craft or type of worker in the locality in which a public works construction project is to be performed. As outlined in Texas Government Code Section 2558.022(a), the City must determine the prevailing rate either by 1) conducting a survey of wages received by classes of workers employed on projects of a character similar to the contract work performed within the Schertz city limits, or 2) adopting the prevailing wage rates as determined by the U.S. Department of Labor in accordance with the Davis -Bacon Act, and its subsequent amendments. Once these rates are determined, any contractor, or subcontractor, awarded a contract by the City, shall pay not less than the rates determined under Section 2258.022 to a worker employed by it in the execution of the contract. It is the City's recommendation to use the prevailing wages published by the U.S. Department of Labor in accordance with the Davis -Bacon Act (40 U.S.C. Section 276a, et seq.), and its subsequent amendments, in lieu of conducting wage rate surveys and compiling wage rate schedules. There is no fiscal impact and staff recommends approval. 7 -07 -2015 Minutes Page - 8 - Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Mayor Pro -Tem Edwards to approve Resolution No. 15 -R -55. 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. Resolution No. 15 -R -56 — Consideration and/or action approving a Resolution approving the use of a State of Texas Cooperative Contract with Vulcan Materials Company for expenditures totaling no more than $80,000 for Asphalt and Related Materials for various separate and unrelated street upgrade and repair projects during remainder of the FY 2014/15 fiscal year. (D. Wait/S. Willoughby) The following was read into record: RESOLUTION NO. 15 -R -56 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS. APPROVING THE USE OF A STATE OF TEXAS COOPERATIVE CONTRACT WITH VULCAN MATERIALS COMPANY FOR EXPENDITURES TOTALING NO MORE THAN $80,000 FOR ASPHALT AND RELATED MATERIALS FOR VARIOUS SEPARATE AND UNRELATED STREET UPGRADE AND REPAIR PROJECTS DURING REMAINDER OF THE 2014 -15 FISCAL YEAR AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Public Works Director Sam Willoughby who introduced this item answering questions from Council. Mr. Willoughby stated staff has been utilizing Brauntex Materials, Inc. for asphalt and other related materials for various and unrelated street repair and upgrade projects in the City. Projects include the Lower Seguin Road Reconstruction Project, Elbel Road repair, and potholes City -wide. All purchases have been related to the Public Works Department for these types of projects. The City's Purchasing Policy, adopted and approved by City Council by Resolution 11- R-14 outlines the need for City Council approval for any expenditure over $50,000 in one fiscal year with one vendor. Recently, upon staff research, it was found that the expenditures for Brauntex Materials, Inc. exceeded this $50,000 mark. Total expenditures to -date for Brauntex Materials, Inc. is approximately $81,566.22. Staff has worked with the Purchasing Department to identify a State of Texas cooperative contract with Vulcan Materials Company to allow for the continuation of the street upgrades and improvement projects already in process. It is estimated that the remaining cost of materials and asphalt needed to complete projects City -wide for the remainder of Fiscal Year 2014 -15 will not exceed $80,000. Subchapters D and F of Chapter 271 of the Local Government Code authorize cities to participate in cooperatives with the State or other local governments for the purpose of procuring goods and services. Accordingly, section 271.083.b states that "a local government that purchases an item under a state contract or under a reverse auction procedure, as defined by Section 2155.062(d), Government Code, sponsored by the commission satisfies any state law requiring the local government to seek competitive bids for the purchase of the item." Staff requests approval to utilize a State of Texas 7 -07 -2015 Minutes Page - 9 - Cooperative Contract with Vulcan Materials Company for the purchase of these materials needed for street repair and upgrade projects. Public Works Department will be implementing the following measures to help prevent overages from occurring in the future for all vendors used: • Train staff how to run reports and keep track of expenditures for vendors. • Work with Purchasing to prepare an RFP for hot mix material providers as well as complete the On Call Construction RFP's that are in process to award a yearly contract with one company for all minor street maintenance projects and other projects. If a major in -house project is to be completed, a separate RFP will be released for the project to keep better track 'of expenditures. Staff recommends that Council authorize the use of a State of Texas Cooperative Contract with Vulcan Materials Company for the purchase of these materials needed for street repair and upgrade projects for the remainder of Fiscal Year 2014 -15. Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember Thompson to approve Resolution No. 15 -R -56. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. 8. Resolution No. 15 -R -57 — Consideration and /or action approving a Resolution authorizing the City Manager to enter into a contract with Maldonado Nursery & Landscaping, Inc. for the installation, one (1) year warranty, and one (1) year maintenance contract associated with the landscape installation project for the Schertz Soccer Complex located at 2600 Maske Road. (B. James /C. VanZandt) The following was read into record: RESOLUTION NO. 15 -R -57 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH MALDONADO NURSERY & LANDSCAPING, INC. FOR THE INSTALLATION, ONE, (1) YEAR WARRANTY, AND ONE (1) YEAR MAINTENANCE CONTRACT ASSOCIATED WITH THE LANDSCAPE INSTALLTION PROJECT FOR THE SCHERTZ SOCCER COMPLEX LOCATED AT 2600 MASKE ROAD; AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Executive Director Brian James who stated that this item is related to the first item Council approved regarding the funding for the landscape installation at the soccer complex. Mr. James addressed questions from Council. Mr. James stated the scope of this work includes the installation of landscaping plants and materials (trees, ornamental trees, etc.), modification of the existing irrigation system to accommodate a revised, UDC - compliant landscape plan, a quality assurance program, a one (1) year materials warranty, and a one (1) year maintenance contract. 7 -07 -2015 Minutes Page - 10 - Staff recommends that Maldonado Nursery & Landscaping, Inc. be awarded the contract for the installation, one (1) year warranty, and one (1) year maintenance contract associated with the landscape project at the Schertz Soccer Complex. In addition, staff recommends that Council approve this resolution authorizing the City Manager to enter into the contract for services. Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember Fowler to approve Resolution No. 15 -R -57. The vote was unanimous with Mayor Pro -Tem Edwards, Couneilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. 10. Resolution No. 15 -R -59 — Consideration and or action approving a Resolution authorizing the City Manager to enter into an agreement retaining the services of Mr. David Klein of Lloyd Gosselink Attorneys at Law to handle matters associated with the protest of a wastewater discharge permit application and the decertification of territory within the corporate boundaries of the City of Schertz from the water and or wastewater certificates of convenience and necessity held by the Green Valley Special Utility District. (D. Wait) The following was read into record: RESOLUTION NO. 15 -R -59 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A LEGAL SERVICES AGREEMENT WITH LLOYD { GOSSELINK ATTORNEYS AT LAW, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Executive Director Dudley Wait who introduced this item stating the cities of Schertz and Cibolo have cooperatively joined with the Cibolo Creek Municipal Authority (CCMA) to build a wastewater treatment plant located on Trainer Hale Road just off Interstate 10. CCMA has begun the permitting process for this new plant with the Texas Commission on Environmental Quality. Also, both cities and CCMA have reached out to the Green Valley Special Utility District, whose Certificates of Convenience and Necessity (CCN) overlap significant portions of Cibolo, Schertz and CCMA's CCN's, to seek their involvement in this new discharge plant for their wastewater treatment needs in lieu of them building another plant along the Cibolo Creek. The staff of the GVSUD had previously stated they would like to utilize the CCMA plant to avoid the cost and licensing necessary to open their own facility and thereby avoid any potential conflicts between the in- process CCMA plant and a future GVSUD plant. This would also benefit GVSUD further because they have very limited wastewater infrastructure within this southern area so they could concentrate on the transmission of their customer's wastewater and leave the treatment and discharge to CCMA. Additionally, this would help both cities and CCMA because of the overlapping CCN's and a possible negative consequence to CCMA's in- progress permit process by the initiation of a second TCEQ permit. CCMA's new treatment plant is vital to our 7 -07 -2015 Minutes Page - 11 - development needs south of FM 78 in both Cibolo and Schertz. Any delay, or the possible rejection of CCMA's permit by TCEQ as a result of multiple permit applications across the same territory could have long -range consequences to both communities. On June 4, we were notified that despite our conversations, the GVSUD had submitted a wastewater treatment and discharge application to TCEQ on April 1, 2015 to construct a plant on the Santa Clara Creek that flows into the Cibolo Creek. Part of the public notice of this permit process gives both cities and CCMA the opportunity to make public comment and to submit a request for a contested hearing if appropriate. After two meetings with the City of Cibolo staff, we have concluded that moving forward jointly in protesting this application would be both cost effective as well as positive in demonstrating the commitment of both cities in working toward a regional cooperative plan for our wastewater needs. CCMA recommended Mr. David Klein, an attorney with Lloyd Gosselink Attorneys at Law who is an expert in water and wastewater CCN and permitting processes. Mr. Klein has worked for several years as an attorney with TCEQ before joining Lloyd Gosselink. After meeting jointly with Mr. Klein and the City of Cibolo, city staff would recommend that the City Council authorize the City Manager to retain the services of Mr. Klein for attorney services related to water and wastewater issues that would include but not be limited to formally protesting the GVSUD discharge permit, requesting a public hearing in Schertz with TCEQ and potentially filing a contested case hearing if necessary. Additionally, Mr. Klein may be used to decertify GVSUD's wastewater CCN territory that is within the corporate boundaries of the City of Schertz. Mayor Carpenter recognized Mr. Klein who came forward to answer any questions from council. He stated Mr. Wait accurately described the process and situation. Councilmember Azzoz requested an explanation of the fees. Mr. Klein's hourly rate is $250. His associate who will be assisting him, Christie Dickenson's rate is $225 an hour and his para -legal will be billed at $115 per hour. Although we do not have an estimate of the number of hour's necessary to complete this process, Mr. Klein has assured us that by working jointly with Cibolo, we will minimize the amount of research and preparatory work needed to be done. These charges will be paid from the Legal Services line item within the Water Enterprise Fund Budget. Staff recommends approval. Mayor Carpenter recognized Councilmember Fowler who moved, seconded by Councilmember Azzoz to approve Resolution No. 15 -R -59. The vote was unanimous with Mayor Pro -Tent Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. Roll Call Vote Confirmation City Secretary Brenda Dennis who provided the roll call vote information for agenda items 1 through 10. r Executive Session Mayor Carpenter recessed the regular meeting at 7:37 p.m. into Executive Session. 7 -07 -2015 Minutes Page - 12 - 11. City Council will meet in closed session under Texas Government Code Section 551.071, Consultation with Attorney, to discuss and deliberate legal issues associated with the Economic Development Incentives Agreement (Amazon.com.KYDC LLC). 12. City Council will meet in closed session under Texas Government Code Section 551.071, Consultation with Attorney, to discuss and deliberate legal issues associated with TECQ. Reconvene into Regular Session Mayor Carpenter reconvened into Regular session at 8:19 p.m. l l a. Take any action based on discussions held in closed session under Agenda Item 11. No action was taken. 12a. Take any action based on discussions held in closed session under Agenda Item 12. Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Councilmember Fowler to authorize the City Manager to enter into an agreed order with TCEQ. 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 Carpenter recognized City Secretary Brenda Dennis who recapped the votes for agenda item 12a. Requests and Announcements 11. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives No further announcements were provided. 12. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Mayor Carpenter recognized Mayor Pro -Tem Edwards who stated he wanted to find out if they could at least look at the Fire Truck or have the City Fleet staff look at it first to determine what it would take to replace the clutch. Mayor Carpenter added if staff could figure out what it would take to bring it up to fine running condition and provide further information as to what it would cost to convert it to a propane drive then we can bring it back and put it on the agenda for Council to look at. 7 -07 -2015 Minutes Page - 13 - Mayor Carpenter stated that at staff s convenience in the next four weeks, he would like to talk about Ordinance 10 -M -27 which establishes the time of city council meetings providing an effective date and deciding how many meetings we are going to have. If we are in the habit of canceling one or two meetings a quarter we should have a discussion about whether to have three or four meetings a month. 13. 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 -Tern Edwards who extended his thanks to everyone who came out to the Jubilee festivities. This July 4t' celebration was touching. Everyone did a great job. He also stated that next week he would not be in town to attend the council meeting. Mayor Carpenter recognized Councilmember Fowler who stated he also appreciated the July 4t' celebration. However, there were a few people who mentioned to him that they saw a lot of wait time from one display to the next one in the parade. He was not sure how we could fix that. Councilmember Fowler stated that The Love Where You Live Group he is working with will have their next meeting on Monday, July 13, 2015 at 7:00 p.m. They hope to elect officers and start talking about getting this committee's goals started. It looks like things are going to start moving forward. Mayor Carpenter recognized Councilmember Thompson who stated he was in Delaware officiating at his third son's wedding so he was unable to attend the July 4th. Celebration but he had feedback from various Facebook posts that the citizens of the community really enjoyed the Jubilee celebration. Mayor Carpenter stated in addition to the recent 40th anniversary of the 4th of July Jubilee parade you might want to go to the Kramer House and look at some pictures of some of the city's prior parades. He stated he will also be out of town next week and since Mayor Pro Tem Edwards will also be out, the next senior elected member would be Councilmember Fowler to preside over next week's council meeting. Adi ournment Meeting was adjourned at 8:19 p.m. Michael R. Carpenter, Mayor 7 -07 -2015 Minutes Page - 14 - ATTEST: 1 Brenda Dennis, City Secretary 7 -07 -2015 Minutes Page - 15 -