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07-14-2015 Agenda with backupCity Council Agenda REGULAR SESSION CITY COUNCIL JULY 14,2015,6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 Call to Order — City Council Regular Session Opening Prayer and Pledges of Allegiance to the Flats of the United States and State of Texas. (Councilmember Thompson) City Events and Announcements • Announcements of upcoming City Events (B. James /D. Wait /B. Cantu) • Announcements and recognitions by City Manager (J. Kessel) Recognitions • Schertz Sweetheart Court Awards (L. Klepper /E. Matlock /J. Villarreal) • Luling Watermelon Thump 2015 62nd Parade - 1st Division 4 -Visiting Float • Luling Watermelon Thump 2015 Sweepstakes Grand Prize • Judges' Award Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. 07 -14 -2015 Council Agenda All remarks shall be addressed to the Council as a body, and not to any individual member thereof: Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific.factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Discussion and Action items 1. Minutes - Consideration and /or action regarding the approval of the minutes of the Regular Meeting of July 7, 2015. . (J. Kessel/B. Dennis) 2. Resolution No. 15 -R -60 — Consideration and /or action approving a Resolution authorizing the approval of the Bexar Metro 911 Budget for Fiscal Year 2016. (D. Wait/.D. Wait) Roll Call Vote Confirmation Requests and Announcements 3. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 4. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 5. 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 Adiournment CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 10th DAY OF JULY 2015 AT 9:15 A.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES 07 -14 -2015 City Council Agenda Page - 2 - AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. -F,re"i2 I�ev v1,'bS Brenda, Dennis City Secreta I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON DAY OF 2015. Title: This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If ' you require special assistance or have a request for sign interpretative services or other services please call 210 - 619 -1030. The City Council for the City of Schertz reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. Executive Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and the presence of any subject in any Executive Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. Will Mayor Carpenter Mayor Pro -Tem Edwards — Place 4 Audit Committee Audit Committee Interview Committee for Boards and Commissions Hal Baldwin Scholarship Committee Investment Advisory Committee Interview Committee for Boards and Commissions TIRZ II Board Cibolo Valley Local Government Corporation Councilmember Fowler — Place 1 Councilmember Azzoz — Place 2 Interview Committee for Boards and Commissions Animal Control Advisory Committee Schertz Housing Board Liaison Sweetheart Advisory Committee Randolph Joint Land Use Study (JLUS) Executive Committee Schertz Seguin Local Government Corporation Councilmember John — Place 3 Councilmember Thompson Place 5 Lone Star Rail District Audit Committee 07 -14 -2015 City Council Agenda Page - 3 - Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: July 14, 2015 Department: Subject: City Secretary Minutes The City Council held a Regular meeting on July 7, 2015. WLTG • �On None RECOMMENDATION Staff recommends Council approve the minutes of the Regular meeting of July 7, 2015. Minutes — Regular meeting July 7, 2015. MINUTES 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 Grum-ov Azzoz City M, Executi Mayor Carpenter called the meeting to order at 6:01 p.m. Texas (Councilmember Daryl John) el ey Wait • 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 11 - 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, 1.1:30 a.m. 1:00 p.m. RSVP by July 14. • Saturday, August 15, Schertz Idol Finale, Crosspoint Church, 5:00 p.m. 7 -07 -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 4th Jubilee Celebration which included the park events, cook -offs, carnival and parade. Presentations Mayor Carpenter recognized Public Affairs General this was the Schertz Magazine's very first TAMI 2001 to serve as a professional high point for munic We have been a finalist several tii es in the past, wir and the Award of Excellence in 2{}13 , (both were s 2015, we have won the coveted TAMI Award, which It has been almost thr evolved to our present thanks go out 1 all w magazine staffi Publi Matzenbacher and Grar machine. The first black and white cc on their vacations residents and staff gager Linda Klepper` who stated d. ' The program was started in communications work in Texas. the Silver Star Award in 2012, id, place designations). Now, in had 2 0 entries. years since we began as� ­a ­dne page newsletter and we have mat (SchertzMagazine), ,publishing 13,000+ copies. Special had a part in `' the creation of this publication as well as the inns Editor Chuck ;eMcCollough, Account Manager Chris ;'Designer Alexis Souza. Ms. Klepper also thanked the Schertz lto their lives and stories and for telling the story of `Schertz'. ted he; remembers when they ran the copies on a mimeograph ar he ran:�fot council he remembers the publication was done on a machine and look where we have come. People take the magazine over the globe. He thanked the staff members on behalf of all the 1 council. The magazine is an integral part of who we are as a city. , Thompson, Fowler, and Azzoz added their congratulations to nt of a very well deserved award and all the great work they do 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 Azzozvand Mayor Carpenter) Mayor Carpenter recognized Councilm some citizens asking that the Council` n( conducting City business. He stated that citizens while on the dais; he strongly I Council. Councilmember tzzoz stated discussed this) site should ca 1 911 and there are two officers in the building approve ilina whle.on the r Azzoz who ±hated he was approached by texting or handling personal business while oes not to t br receive text while serving the ,es than this should be the case with all the if there is an emergency (he and his wife they would know exactly where he is and could let him know. He doesn't have to ;n and is proposing to eliminate cell phone meetings. Mayor Carpenter recognized Mayer' 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 emmergencv in that manner. Mayor Pro -Teams 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 46in and o are not asking for a resolution or passing of an ordinance to compel ,it is just a discussion point, is that correct? Mayor Carpenter stated that he has an item that he would like to potentially discuss in the future. He staid 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 have been included with the consent items and asked i this item to consent. Council concurred. 1. Minutes - Consideration and/or action reg; Special Workshop Meeting of June 19, 2015 (J. Kessel/B. Dennis) 2. Ordinance No. 15 -T -19 — Ca authorizing a Budget Adjustment Installation and Maintenance Sery Maske Road. Final ending (B. Je The SCHERTZ, TEX TREE MITIGA INSTALLATION SCHERTZ SOC( CONFLI EFFECT read i that agenda item 9 should had any "issues with moving val of the minutes of the Meeting of June 23, 2015. and/or action � approving an Ordinance Ligation Fund "319 to procure Landscape Schortz Soccer Complex located at 2600 NO. 1.5 -T -1.9 BY THE CITY COUNCIL OF THE CITY OF AUTHORIZING A BUDGET ADJUSTMENT TO THE ON FUND 319 TO PROCURE LANDSCAPE AND MAINTENANCE SERVICES FOR THE K COMPLEX LOCATED AT 2600 MASKS ROAD; ORDINANCES OR PARTS OF ORDINANCES IN THIS ORDINANCE; AND PROVIDING AN 3. 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- UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Mayor Pro -Tem Edwards :who moved, seconded by Councilmember Thompson to approve the consent agenda 4tems 1, 2, 3, and 9. The vote was unanimous with Mayor Pro -Tem Edwards, C©nueilmembers 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 Resolution authorizing a Purchase Contract of Improved Real Property between the City of Schertz Economic Development Corporation (SEDC) and Ib Good Shepherd Catholic Church. (J. Kessel /K. Kinateder) The following was read into RESOL 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 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: 190013 goI[l7►l A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AMENDMENT OF AN INTERLOCAL AGREEMENT FOR DISPATCH SERVICES "WITH THE CITS "OF CIBOLO, TEXAS, AND OTHER MATTERS IN CONNECTION THEREWITH: Mayor Carpenter recognized Polico Cbief Michael Hansen who introduced this item answering questions from Council. Chief Hariscrt' stated the City entered into an Interlocal Agreement (,ILA) with the City of Cibolo for public safety /law enforcement dispatch service 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 capita equipment ' and facilities necessary to render dispatch services, including all; reregm, site gover mental licenses, permits, and personnel, except that the.City,of Cibolo.is responsible for obtaining and providing mobile and portable ratios capable ofpperating qn 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 a authorizing the adoption of Prevailing Wage Rates foj determined by the U.S. Department of Labor. (D. Wait/J. The following was read into record: RESOLUTION NO. 1 A RESOLUTION BY THE CITY COUNCIL TEXAS AUTHORIZING THE ADOPTION O FOR PUBLIC WORKS CONSTRUCTION AS DEPARTMENT OF LABOR, AND' OTHER THEREWITH approving a Resolution Works Construction as E CITY OF SCHERTZ, AILING WAGE RATES RMINED BY THE U.S. ERS IN CONNECTION 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 Govern;t�ent 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 pr"biect is to be.performed. alined in Texas Government Code'Section 2558.022(a), the City must determine the fling rate either by 1)' aridupting a survey of wages received by classes of workers )yed on projects - of a character similar to the contract work performed within the tz city limits, 61r,2) adopting the prevailing wage rates as determined by the U.S. rnent of Labor in accordance with the Davis -Bacon Act, and its subsequent 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 -Tern 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- A RESOLUTION BY THE CITY COUNCIL. I TEXAS APPROVING THE USE OF A STATI CONTRACT WITH VULCAN MATERIALS CO TOTALING NO MORE THAN $80,000 FOf MATERIALS FOR VARIOUS SEPARATE" UPGRADE AND REPAIR PROJECTS DURING FISCAL YEAR AND OTHER MATTERS IN CON F THE CITY OF SCHERTZ, OF TEXAS "COOPERATIVE ✓IPANY FOR EXPENDITURES ASPHALT AND RELATED kND s UNRELATED STREET REMAINDER OF THE 2014 -15 vECTION THEREWITH Director Sam 'illoughby who introduced Mt. Willoughby stated staff has been and other related materials for various and in the City. Projects include the Lower Road repair, and potholes City -wide. All rs Department for these types of projects. The Ctty's Purchasing Policy, adopted and approved by City Council by Resolution 1.1- R44 outlines the need for City Council approval for any expenditure over $50,000 in one fiscal year with one vender: 'Recently, upon staff research, it was found that the expenditures for Brauntex Materials, Inc. exceeded this $50,000 mark. Total expenditures to -state 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 Vulc n' 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 -1.5 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 RFD'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 Contract with Vulcan Materials Company for the pu street repair and upgrade projects for the remainder ',o )n approving a Resolution kith Maldonado Nursery & Warranty, and one (1) year ation project for the Schertz VanZandt) NO. 1.5 -R -57 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, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. 10. Resolution No. 15 -R -59 — Consideration and or authorizing the City Manager to enter into an agrees David Klein of Lloyd Gosselink Attorneys at Law to protest of a wastewater discharge permit application within the corporate boundaries of the City of chertz certificates of convenience and necessity - eld by District. (D. Wait) The following was read into record: 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 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 COMA. 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,efective 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" t astewater 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 Cib that the City Council authorize the City Manager­t6jiet, attorney services related to water .and wastewater issue limited to formally protesting the GVSUD discharge pei in Schertz with TCEQ and potentially filing a conte Additionally, Mr. Klein may be used to decertify GVS that is within the corporate boundaries of the City )if Sh, o >city staff would recommend i the services of Mr. Klein for that would include but not be tit, requesting a public hearing �d case hearing if necessary. D's wastewater CCN territory Mayor Carpenter recognized Councilmember Fowler who moved, seconded by Councilmember Azzoz to approve Resolution No. 15 -R -59. The vote was unanimous with Mayor I'ro -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 who provided the roll call vote information for agenda items 1 through 10. 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. 11 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`Olosed session under Agenda.'Item,,12. Mayor Carpenter recognized Councilmember, Azziiz 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 Prc -Tern Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. Dennis who recapped the votes for agenda employee actions initiatives were provided. and Councilmembers that items be placed on a future City 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 volunteer$, • Upcoming City Council agenda items Mayor Carpenter recognized Mayor Pro -Tem Edwards who extended his thanks to everyone who came out to the Jubilee , festivities, This July 4 th 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 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 h ,had feedback from various Facebook posts that the citizens of the community really enioved the Jubilee celebration. Mayor Crpentear 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 Tern Edwards will also be out, the next senior elected member would be Councilmember Fowler to preside over next week's council meeting. Adiournment Meeting was adjourned at 8:19 p.m. Michael R. Carpenter, Mayor 7 -07 -2015 Minutes Page - 14 - Brenda Dennis, City Secretary 7 -07 -2015 Minutes Page -15 - [a]I � eill11►[s11NO1NOto];71 II1nu0R001) R a11c17a City Council Meeting: July 14, 2015 Department: Public Safety Agenda No. 2 Subject: Resolution No. 15-R-60 — Approval of the Bexar Metro 911 Fiscal Year 2016 Budget BACKGROUND: Bexar Metro 911, by its charter under the Texas Health and Safety Code is required to seek approval of its annual budget from all of the governmental entities for which it provides 911 services. This is done to insure that all communities under the umbrella of this organization have an opportunity to provide input and direction in the operation and focus of the agency providing 911 services. In previous years, the City of Schertz has taken advantage of this by working with other Metrocom cities to seek dollars for differing projects that would improve the public safety dispatch operations in the City and our region. These actions were instrumental in the development of a Bexar Metro 911 grant program to improve and upgrade dispatch operations. The original grant system was set up in Fiscal Year 2012 where Public Safety Answering Points were able to seek funds to upgrade and improve the ability to dispatch public safety emergencies. The City has been able to take advantage of this grant program on two separate occasions to replace dispatch consoles and furniture and just this year, to connect Schertz PD Dispatch to the closed circuit camera system managed by the school district. Dudley Wait, Executive Director of Operations, continues to sit on the Bexar Metro 911 Board of Directors as the Guadalupe County representative. FISCAL IMPACT There is no fiscal impact to the City of Schertz by approval of this budget. This budget has no increases in 91.1 fees so there will be no additional impact upon the citizens of Schertz beyond what they pay today. RECOMMENDATION Staff recommends Council approve Resolution. No. 15 -R -60 ATTACHMENTS Resolution No. 15 -R -60 Bexar Metro 911 draft proposed budget RESOLUTION NO. I5 -R -60 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE APPROVAL OF THE BEXAR METRO 911 BUDGET FOR FISCAL YEAR 2016, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City send its approval to the Bexar Metro 911 Board of Directors of its Fiscal Year 2016 budget; and WHEREAS, the City Council has determined that it is in the best interest of the City to support the growth and expansion of the 911 telephone access systems as planned for in the 2016 budget attached hereto as Exhibit A, for the public safety of Schertz citizens. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS "M Section 1. The City Council hereby authorizes the approval of the Bexar Metro 911 budget as presented in Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 14th day of July, 2015. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter City Secretary, Brenda Dennis (CITY SEAL) 50506221.1 - 2 - l TO: County Judges and City Mayors FROM: W. H. Buchholtz, Executive Director SUBJECT: Fiscal Year 2016 Proposed Budget DATE: May 15, 2015 Enclosed for your review and comment is the Bexar Metro 9 -1 -1 Network District's Proposed Fiscal Year 2016 Budget. The Bexar Metro Board approved this proposed budget at their regularly scheduled and properly noticed meeting held on May 14, 2015. Please address your written comments to the Chairman of the Board at the address on the bottom of this memorandum. The Bexar Metro Board will review your comments, make changes as necessary, and adopt the Fiscal Year 2016 Budget at the board meeting scheduled on July 20, 2015. Please forward your comments to ensure arrival at the Bexar Metro office not later than 4:00 p.m. on July 17, 2015. Enclosed is a post card to facilitate your response. The contents of this post card are consistent with the provisions of the Texas Health & Safety Code, Chapter 772.309, which enables each participating jurisdiction to either approve or disapprove the Bexar Metro Fiscal Year 2016 Budget. Should a jurisdiction choose to take no action, budget approval is by operation of law on the sixty -first day following the jurisdiction's receipt of the proposed budget. Please call me if you have questions or require further information or clarification. Sincerely, 911 Saddletree Court a San Antonio, Texas 78231.1523 Phone: .(210)408.3911 ® Fax: .(210)408.3912