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City of Leon Valley

City Council Regular Meeting

Leon Valley City Council Chambers

6400 El Verde Road, Leon Valley, TX 78238

Tuesday, January 17, 2017

 

Minutes

1.              7:00 PM Call to Order, Determine a Quorum is Present.

Attendee Name

Title

Status

Arrived

David Jordan

Mayor Pro Tem

Present

 

David Edwards

Council Place 1

Present

 

Belinda Ealy

Council Place 2

Present

 

Monica Alcocer

Council Place 3

Present

 

Benny Martinez

Council Place 4

Present

 

Chris Riley

Mayor

Present

 

 

Mayor Riley announced that the City of Leon Valley City Council meetings will, as of this meeting, be streamed on You Tube. Mayor Riley also announced that the Resilience Action Partners film crew is present this evening as they are filming a documentary that will feature the City of Leon Valley and highlighting all the efforts made by the Public Works Department and Fire Department towards drainage improvements/FEMA. Crew members present were Hilary Richards, J.D. Humphreys, Carrie Pomerantz as well as Jamie Yang, Meghan Kotlanger, Jake Bulgarino and Amir Mohebali from Eastwood.

 

Mayor Riley asked if any of the Council Members wished to pull any item from the Consent

Agenda for discussion. No items were pulled.

 

Citizens to Be Heard and Time for Objections to the Consent Agenda

None

Presentations

Presentation of Proclamation of Appreciation to Don Burgess for thirty-one years of service to the City of Leon Valley. (Mayor Chris Riley)

Mayor Riley and Public Works Director Melinda Moritz presented Don Burgess with a Certificate in honor of his thirty-one years of service to the City of Leon Valley Public Works Department. Mr. Burgess' family was present as well.

RESULT:              PRESENTED

Presentation of Proclamation of Appreciation to Francisco "Tony" Castillo for twenty-four years of service to the City of Leon Valley. (Mayor Chris Riley)

Mayor Riley presented Francisco "Tony" Castillo with a certificate in honor of his twenty-four years of service to the City of Leon Valley Public Works Department. Mr. Castillo's family was also present.

RESULT:              PRESENTED

Presentation of Certificates of Achievement to Members of the Leon Valley Police Department. (Mayor Chris Riley)

Mayor Riley, City Manager Kelly Kuenstler and Chief of Police Joseph Salvaggio presented Certificates of Achievement to Leon Valley Police Department Sergeants Kasey Kneuse Burleson, Eddie Gonzalez and Joel Uriegas as well as Detectives Terry Brooks, David Ricks and Marcos Martinez. Family members were present to pin on their badges.

RESULT:              PRESENTED

Presentation of a Certificate of Achievement to Chad Mandry in recognition of being named Leon Valley Police Officer of the Year. (Mayor Chris Riley)

Mayor Riley and Chief of Police Joseph Salvaggio presented Leon Valley Police Chad Mandry

RESULT:              PRESENTED

Presentation of Good Neighbor Awards to Marianna Sanchez and Estephanie Dorado for their support with the 2016 Leon Valley Blue Santa Program by Mayor Chris Riley (Mayor Chris Riley)

Mayor Riley and Chief of Police Joseph Salvaggio presented the Good Neighbor Award to Ms. Marianna Sanchez for all of her efforts in helping the Leon Valley Blue Santa Program be so successful.

RESULT:              PRESENTED

Consent Agenda

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Monica Alcocer, Council Place 3

SECONDER:              Benny Martinez, Council Place 4

AYES:              Jordan, Edwards, Ealy, Alcocer, Martinez

Consider, discuss and take action on the December 20, 2016 Regular City Council Minutes. (S. Passailaigue)

Consider, discussion and possible action  on an ordinance authorizing a budget adjustment in the amount of $227,906 to the FY 2017 Stormwater Fund Balance for the Community Development Block Grant (CDBG) Huebner at Timberhill drainage improvement project; and providing for payment. (M&C #2017-01-17-01 M. Moritz)

Consider, discussion and possible action  on the creation of a Hike & Bike Committee. (M&C # 2017-01-17-02 K. Kuenstler)

Consider, discussion and possible action  on a resolution appointing Roy Barbosa to the Earthwise Living Committee. (M&C # 2017-01-17-03  S. Passailaigue)

Regular Agenda

Consider, discussion and possible action  to authorize the City Manager to Execute an Agreement with PowerFin Solarmundo, LLC to Participate in City Public Service’s (CPS) Simply Solar and SolarHost SA Program and to Allow the Installation of Solar Panels at the Fire Station and at the Municipal Building. (M&C # 2017-01-17-04 M. Moritz)

Public Works Director Melinda Moritz introduced Tuan Pham of PowerFin Partners, LLC. and stated the purpose of this item is to ask for City Council consideration to authorize the City Manager to execute an Agreement with PowerFin Solarmundo, LLC to participate in the Solar Host program to allow the installation of solar panels on the Fire Station and Municipal Building rooftops.

 

Public Works Director Moritz said that CPS Energy has partnered with PowerFin Partners to create a program to install solar panels on rooftops at no charge to the building owner. The solar panels should result in a $2903.23 per year savings in energy costs to the City per year for the Municipal building alone. The program guarantees a credit on the CPS bill for the next 20 years and the Agreement may be extended for two additional five year terms. The solar panel equipment Agreement would be in effect until January of 2036. If the City decides not to extend the terms, the company would remove the equipment and restore the rooftops to their original condition, except for normal wear and tear. The City does not own the equipment; therefore PowerFin would be responsible for the installation, inspections, maintenance, repairs, and any replacements to the systems. The City would be responsible for keeping tree branches from shading the system.

 

Public Works Director Moritz said there is no fiscal impact to the City; however, if the City has to have the solar panels removed to service the rooftop, we would be charged a $0.40 fee for each watt of power generation capacity of the system while the solar panels are not in use. The rooftop at the Fire Station is new and shouldn’t need repairs in the foreseeable future. The rooftop at the Municipal Building has been resurfaced, but the substructure was not replaced. The company installing the solar panels will acquire the services of a structural engineer to assure the rooftop will support the weight of the solar panels prior to installation. Other than that, the rooftop should remain in good condition for quite some time. Lastly, If the City should ever default on the Agreement, and the default is not timely cured to PowerFin's reasonable satisfaction, PowerFin may terminate the Agreement; suspend their performance under the Agreement; take reasonable action to correct our default to prevent loss; remove the system and charge the City for the cost of removal and the cost of reconnecting the System at another location; or file a lawsuit for specific performance and damages.

 

A motion was made by Council Member Benny Martinez and seconded by Council Member Monica Alcocer, to authorize the City Manager to execute an agreement with PowerFin Solarmundo, LLC to participate in the Solar Host program to allow the installation of solar panels on the Fire Station and Municipal Building rooftops.

 

·              Olen Yarnell, 7230 Sulky Lane, asked why the whole rooftop was not being utilized. Mr. Pham responded that he was not the engineer that designed this but that the company could certainly re-evaluate the roof.

·              Mike K. Davis, Jr., 6002 Forest Shadow, asked questions about the "$.40 per watt for removal charge" mentioned in the proposed contract. Mr. Pham attempted to explain the watt vs. Kilowatt conversion.

·              Larry Proffitt, 6307 Rue Sophie, questioned the amount of panels that would be installed.

 

Council Member Monica Alcocer requested an amendment to the motion to include two separate contracts. Council Member Benny Martinez accepted the amendment and withdrew his previous motion.

 

Council Member David Jordan said he was "uncomfortable approving contract he has not seen". City Attorney Denise Frederick assured Council Member Jordan that she would guarantee the City Manager would not enter into any agreement that she had not been working on for the last two months. This was followed by more discussion.

 

A motion was then made by Council Member Benny Martinez and seconded by Council Member Monica Alcocer, to authorize the City Manager to execute an agreement with PowerFin Solarmundo, LLC to participate in the Solar Host program to allow the installation of solar panels on the Fire Station and Municipal Building rooftops provided there are two separate contracts.

 

After further discussion, City Attorney Frederick suggested that the City Council amend the previously stated motion to include a "not to exceed" amount that was discussed. That being said, Council Member Monica Alcocer withdrew her second and Council Member Benny Martinez withdrew his motion.

 

A motion was made by Council Member Benny Martinez and seconded by Council Member Monica Alcocer, to authorize the City Manager to execute an agreement with PowerFin Solarmundo, LLC  to participate in the Solar Host program to allow the installation of solar panels on the Fire Station and Municipal Building rooftops; under two separate contracts; and amend Section 5.1, paragraph 9 of the agreement to add that the actual cost for the removal of the panels and replacement will not exceed $28,000.

RESULT:              APPROVED AS AMENDED [4 TO 1]

MOVER:              Benny Martinez, Council Place 4

SECONDER:              Monica Alcocer, Council Place 3

AYES:              Edwards, Ealy, Alcocer, Martinez

NAYS:              Jordan

Consider, discussion and possible action  on a Sign Variance # 2016-003, to grant a Sign Variance to Chapter 14, “Zoning Ordinance,” Section 14.02.304, “Regulations for All Districts,” Subsection (m) “Overlay Districts,” Part G(2)(j). “Prohibited Signs,” to allow an LED sign panel to be added to an existing 37-foot multi-tenant sign with a 45 square foot sign face at 6400 Bandera Road. (M&C #2017-01-17-05 K. Flores)

Community Development Director Kristie Flores and Scott Fitzsimmons of Industry Signs, applicant and agent for Stein Real Corporation, property owner is requesting to be granted a variance to add a LED sign panel measuring 45-square feet to an existing multi-tenant sign at Bandera North Shopping Center at 6400 Bandera Road. The existing multi-tenant sign is 37-feet tall. The multi-tenant sign was recently updated and the property is renovating and revitalizing a shopping center that has had many vacancies and turnovers since the installation of the Bandera Road Flyover. Zoning Overlay sign regulations do not allow LED signs. The owner has indicated that the LED sign will mostly have the time and date signature. The owner has also agreed to keep the signs at a reasonable illumination, so as not to distract drivers along Bandera Road. Ms. Flores concluded the presentation saying that staff reviewers have no objection to the requested variance. It appears to be consistent and compatible with existing and surrounding signage. Additionally, sign variances for similar signage have been issued to several different business properties in and around the Bandera Road Flyover.

 

Council Member Benny Martinez said that one of his concerns was the sign for Jerky World still being up after nearly six years of them being gone. He said he hopes Mr. Stein is more receptive to letters from the City in having that sign removed. Same goes for Gold’s Gym. Council Member Martinez told Mr. Fitzsimmons that the City of Leon Valley has an ordinance regulating signs and wanted to know if in the future this would be complied with. Mr. Fitzsimmons replied that he had no idea who the letters had gone to but that he and Mr. Stein do plan to remove the sign. Council Member Martinez went on to say that the City also has an ordinance regarding addresses and asked that the numbers be properly displayed. Mr. Fitzsimmons agreed to comply.

 

A motion was made by Council Member Benny Martinez and seconded by Council Member David Jordan, to grant a sign variance to Chapter 14, "Zoning Ordinance", Section 14.02.304, "Regulations for All Districts," Part G(2)(j). "Prohibited Signs", to allow an LED sign panel to be added to an existing 37-foot multi-tenant sign with a 45 square foot sign face at 6400 Bandera Road as requested.

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Benny Martinez, Council Place 4

SECONDER:              David Jordan, Mayor Pro Tem

AYES:              Jordan, Edwards, Ealy, Alcocer, Martinez

Consider, discussion and possible action  on an ordinance authorizing an amendment to the Leon Valley City Code Chapter 2 "Animals", to Amend Section 2.01.001 "Definitions" to Include "deer" Under "Wild Animals", and to add Section 2.01.017 “Feeding of Deer”, Prohibiting Feeding Deer on Any Public or Private Land. (M&C #2017-01-17-06 M. Moritz)

Public Works Director Melinda Moritz, with the aid of Roger Christensen, Chairmen of the Leon Valley Park Commission presented this item seeking consideration of an amendment to the City of Leon Valley City Code of Ordinances, Chapter 2 "Animals", to include the word “deer” in the definition of Wild Animals and to add a section that would prohibit the feeding of deer on any public or private lands.

 

Public Works Director Moritz proceeded to state proposed amendments in an effort to avoid future deer problems and any injury or harm to persons and deer. Chairman Christensen added that a Wildlife Viewing Platform is in the Master Plan. Public Works Director Moritz added that the City could put in a Wildlife Viewing Platform and this ordinance does exclude City employees so the deer could be feed by a designated City employee.

 

·              Irene Baldridge, 6368 Forest Hill, asked if putting water out for the deer would be acceptable. This was followed by discussion.

 

A motion was made by Council Member Monica Alcocer to approve of the ordinance with the amendment to include, no food or water. The motion failed due to a lack of second.

 

A motion was made by Council Member David Edwards and seconded by Council Member Monica Alcocer, to table the item; consult with Texas Parks and Wildlife; and then come back to City Council for consideration.

RESULT:              TABLED [4 TO 1]

MOVER:              David Edwards, Council Place 1

SECONDER:              Monica Alcocer, Council Place 3

AYES:              Jordan, Edwards, Ealy, Alcocer

NAYS:              Martinez

Consider, discussion and possible action  accepting the Lowest Responsible Bid and Awarding a Construction Contract in the amount of $227,906.00 payable to Pronto Construction, Inc. for the 2017 Community Development Block Grant (CDBG) Huebner Rd. and Timberhill Drive Drainage Improvement Project, with Change Orders up to $50,000. (M&C #2017-01-17-07 D. Dimaline)

Assistant Public Works Director David Dimaline presented the item for the purpose of seeking City Council acceptance of the lowest responsible bid and authorization for the City Manager to enter into a contract with Pronto Construction, Inc. in the amount of $227,906 to construct drainage improvements at the Huebner Road and Timberhill intersection, with change orders up to $50,000.

 

Assistant Director Dimaline presented the background on the item saying that in 2015, the City submitted an application for consideration for the 2015 Community Development Block Grant (CDBG) Program. The City Engineer completed design of the Huebner/Timberhill Drainage Improvement Project to address flooding that occurs during heavy rainfall events at the intersection of Timberhill Drive and Huebner Road, and flooding that has occurred inside the home at 6818 Timberhill Drive. The project scope includes the installation of curb inlets, inlet extensions, a junction box; 24" drain pipe, new asphalt, curbs and sidewalks. The engineer's estimated project cost was $282,000. Pronto Construction, Inc. submitted the lowest responsible bid of $227,906.  City staff has worked closely with Bexar County CDBG staff through the grant application and the bid process.

 

This project was designed by Sia Engineering. A bid package was developed and advertised for 30 days. The bid advertisement was placed in the Express News on two consecutive Sundays, and the bid document and plans were placed on the City's web site. The City's Purchasing Agent contacted construction companies as well. A pre-bid meeting was held on November 29, 2016 and representatives from six firms attended. The bid opening was held on December 13, 2016, and a total of 8 firms submitted bids.

 

Assistant Director Dimaline concluded the presentation saying that staff recommends accepting the lowest responsible bid and awarding a construction contract in the amount of $227,906.00 payable to Pronto Construction, Inc. for the 2017 Community Development Block Grant (CDBG) Huebner Road and Timberhill Drive Drainage Improvement Project, with change orders up to $50,000.

 

A motion was made by Council Member David Jordan and seconded by Council Member Monica Alcocer, to accepting the lowest responsible bid and awarding a construction contract in the amount of $227,906.00 payable to Pronto Construction, Inc. for the 2017 Community Development Block Grant (CDBG) Huebner Road and Timberhill Drive Drainage Improvement Project, with change orders up to $50,000.

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              David Jordan, Mayor Pro Tem

SECONDER:              Monica Alcocer, Council Place 3

AYES:              Jordan, Edwards, Ealy, Alcocer, Martinez

City Manager's Report

City Manager Kuenstler reminded all present that the City Manager’s Report may be found on the City’s website as well as a printed copy on the table at the entrance of City Council Chambers. City Manager Kuenstler gave the following supplemental report:

·              The Police Department applied for two grants this past weekend. One of the grants is for body cameras and the other is for a records management grant.

·              City Manager Kuenstler gave a “shout-out” to Alamo Area Council of Governments (AACOG) for putting on a Police Use of Force class which she and Mayor Riley attended.

·              The Leon Valley Public Library applied for four (4) grants this month. One for the children’s book collection, one for oral histories, one for the non-fiction collection, and one for the mystery collection.

·              The Leon Valley Public Library now also has Ancestry.com thanks to the Friends of the Library. Not only does the Library have access to this but they will also begin a training program for it.

·              The Huebner Creek potential CAP Funding is in progress.

·              Staff will have a practice run for the Town Hall Meeting on January 25th at the Conference Center.

·              The Certificate of Occupancy will be issued tomorrow for the Kinman House.

Approved Minutes from Boards, Commissions and Committees

RESULT:              PRESENTED

Upcoming Important Events:

RESULT:              PRESENTED

Citizens to be Heard

None

Announcements by the Mayor and Council Members

·              Council Member David Edwards thanked everyone for coming tonight.

·              Council Member Monica Alcocer reminded everyone that the L17 Project begins next month and asked that the City keep an eye on the trees.

·              Council Member Benny Martinez announced the next LVACC mixer would be at Henry’s Puffy Taco January 18, 2017. Council Member Martinez also welcomed his mother who was in the audience and visiting from Albuquerque.

·              Council Member David Jordan wished everyone a happy New Year.

·              Council Member Belinda Ealy also asked that everyone drive home safely.

·              Mayor Chris Riley spoke briefly about the youth program which was discussed at TML and reminded everyone about the Annual Town Hall Meeting on Saturday, January 28, 2017.

Adjournment

Mayor Riley announced that the meeting adjourned at 10:35 PM.

 

These minutes approved by the Leon Valley City Council on the 14th of April, 2017.

 

APPROVED

 

 

_______________________

CHRIS RILEY

MAYOR

 

ATTEST:

SAUNDRA PASSAILAIGUE, TRMC

CITY SECRETARY







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