07-07-09MINUTES
REGULAR MEETING
July 7, 2009
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
July 7, 2009 at 6:30 p.m., in the Municipal Complex Council Chambers, 1400 Schertz
Parkway, Building #4, Schertz, Texas. The following members present to-wit:
Mayor Hal Baldwin
Councilmember David Scagliola
Councilmember Tony Wilenchik
Mayor Pro-Tem Jim Fowler
Councilmember John Trayhan
Councilmember Michael Carpenter
Staff Present: City Manager Don Taylor
Assistant City Manager John Bierschwale
CALL TO ORDER REGULAR MEETING
Assistant City Manager David Harris
City Secretary Brenda Dennis
Mayor Baldwin called the meeting to order at 6:30 p.m.
INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE
UNITED STATES AND STATE OF TEXAS.
Mayor Pro-Tem Fowler gave the invocation followed by the Pledges of Allegiance to the
Flags of the United States and State of Texas.
PRESENTATION
• Presentation and recognition to Andrew Bonnema, Class of 2009 Samuel Clemens
High School Band "Outstanding Soloist"
Mayor Baldwin recognized Andrew Bonnema, Class of 2009 Samuel Clemens
High School Band, who was selected as an outstanding soloist at the Texas State
Solo and Ensemble contest held on June 1, 2009 at the University of Texas at
Austin. Mayor Baldwin stated that out of 22,000 musicians who performed only
239 students earned the distinguished honor of being recognized as an "Outstanding
Performer". Mayor Baldwin also introduced Mr. Robert Petrisky; Samuel Clemens
Band Director thanked him for his support in all the events the band is in for city.
Mayor and Council congratulated Andrew on his recent award.
HEARING OF RESIDENTS
Mayor Baldwin recognized the following:
• Mr. Ken Greenwald, 205 Westchester, thanked Council for the pleasure of driving
the Grand Marshal in the July 4th parade. Mr. Greenwald would like problems
fixed on Schertz Parkway i.e., from 78 coming north to Curtiss still has the old
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wooden polls and metal polls with wires on the polls creating a problem in that you
can not see the stop sign until you are directly on it. Mr. Greenwald also
mentioned the tree, by the old GVEC office, is hanging over blocking stop signs.
• Mr. Ramon Cook, 913 Dimrock, complimented Council and staff for having a
complete budget fee schedule information for citizens on the website but would like
request staff next time on publications to use less acronyms/buzz words, example
"the charge for water is RSF (round square fee), under the Marshal Department
under Health inspection it should say "per inspection and report" instead of just a
number, also rental of %2 day, which %Z of day? Mr. Cook just asked that future
publications be spelled out for the average reader.
Discussion and/or Action Items
1. Solid waste franchise agreement -Discussion regarding granting an additional,
but limited, solid waste franchise agreement. (Mayor/Henry Gutierrez)
Mayor Baldwin recognized Mr. Henry Gutierrez of Bexar Waste who came forward
thanking the city for their support of the business. Mr. Gutierrez stated his
disapproval for granting an additional solid waste franchise agreement to
Consolidated Construction Services. Mr. Gutierrez also stated that recently license
plate numbers were given to the police department regarding scavengers that are
going through the Pulte Subdivision.
City Manager Don Taylor stated that he met with Mr. Gutierrez and resolved the
issues that Bexar Waste would not haul off building materials. Mr. Taylor explained
that Bexar Waste could haul any type of building materials and have no problem
with handling any type of waste hauling. Mr. Taylor stated that he also had
discussions with Mr. Gutierrez regarding the landscapers issues of leaving debris.
Mr. Taylor stated that issue would be brought to Council at a future date for a
resolution.
2. 2009 Assistance to Firefighters Grant -Presentation and consideration and/or
action on approval to apply for 2009 A.R.R.A Assistance to Firefighters Fire
Station Construction Grant. Action required. (D. Covington)
Mayor Baldwin recognized Fire Chief David Covington who introduced this item
providing a brief PowerPoint answering questions from Council. Chief Covington
stated the American Recovery and Reinvestment Act (ARRA) of 2009 (Public Law
111-5) provides funds from the Department of Homeland Security for construction
and modification to fire stations. $210 million of funds will be administered
through a competitive grant process in the Assistance to Firefighters Grant
Program. The 2009 ARRA grant application period opened on June 1, 2009 and
closes July 10, 2009.
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The Schertz Fire Rescue Department requests to submit a grant application in an
amount not to exceed $2.2 million ($2,200,000). The grant will fund construction of
a fire station to be located at the intersection of Ware Sequin Road and Pfeil Road.
2.73 acres of land is being acquired from the Sedona Public Use Development for
this purpose. This location of the fire station gives quick access to IH 10, Schertz
Forest, Laura Heights, and the Sedona development. Furthermore, it is expected to
reduce response times that are currently averaging 20 minutes to an average of less
than six minutes.
Chief Covington stated staffing for the fire station would require no less than two
firefighters per shift, for a total of six (6) firefighters. It is projected to staff the fire
station with an advanced life support (ALS) functioning crew. A variety of grant,
part time, and overtime methods could be used to staff the station. Expected cost
could be as little as $46,000 (first year) if grant funded, to as much as $320,000 per
year for six additional firefighters. The Fire Department recommends applying for
future grant funds and using some part time to fill the initial staffing needs.
A 2009 AFG grant applied for a pumper tanker. If approved, that apparatus will be
located in the new fire station. If unapproved, initial vehicle needs will be for an
apparatus to mange structures and wildland fires while being able to quickly
respond to medical and rescue calls. A mid level wildland urban interface vehicle
would fill this need with an expected .cost of no more than $375,000. Any funds
required will be needed no sooner than fiscal year 2010/2011.
Councilmember Wilenchik left the meeting at 7:15 p.m.
Mayor Baldwin recognized Mayor Pro-Tem Fowler, Councilmembers Trayhan and
Scagliola who addressed staffing concerns and the commitment of funds; staff
stated that growth in the Sedona area would dictate the need for these items. Mayor
Baldwin recognized Councilmember Scagliola who moved, seconded by
Councilmember Trayhan to approve the request to apply for the 2009 ARRA Grant
in a program amount not to exceed $2.2 million. Vote was unanimous. Motion
Carried.
3. Minutes -Discussion and/or action regarding the approval of the minutes of the
June 23, 2009 regular meeting.
Mayor Baldwin recognized Mayor Pro-Tem Fowler who moved, seconded by
Councilmember Trayhan to approve the minutes of the regular meeting of June 23,
2009 with correction noted. Vote was unanimous. Motion Carried.
4. Resolution No. 09-R-36 -Resolution updating the City of Schertz Fee Schedule
(D. Harris)
Mayor Baldwin recognized Assistant City Manager David Harris who stated that
items 4, 5 and 6 will be discussed together. Staff provided a brief PowerPoint
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stating City Departments collect a wide variety of fees for permits, services, fines,
and other charges that are all part of the every day operations of municipal
government. Since September 2008, the fees have been incorporated into a single
fee schedule.
The attached resolution replaces Appendix C of the City Code that details the fees
by department and discloses the existing and proposed rates for each type of
service. These proposed rate changes will be effective October 1, 2009.
Mr. Harris stated it is estimated the proposed rates will generate an additional
$183,000 in revenues for the General Fund for FY 2009-10. In the enterprise funds,
additional revenues will be offset by increases to operating expenses. For example,
the proposed increase in water and sewer rates will be used to offset the increases
from the Schertz-Seguin Local Government Corporation and Cibolo Creek
Municipal Authority. Mr. Harris stated that each Department Head is prepared to
discuss the impact of changes to fees in their respective areas.
Councilmembers discussed areas of concern identifying some fees that reflected
considerable increases i.e., Animal Control, Planning and Zoning. Staff came
forward explaining the reason for the increase in fees. Councilmembers asked that
staff bring back the schedule at the next meeting to include the fees from last year
(2007-2008) as a comparison. No action was taken.
5. Ordinance No. 09-F-23 -Ordinance No. 09-F-23 -Discussion and consideration
and/or action on an Ordinance of the City Council of the City of Schertz, Texas
amending sewer rates pursuant to Chapter 90, Article III, Section 90-81, Sewer
Rates Established, of the Code of Ordinances of the City of Schertz, Texas;
providing a repealing clause; providing severability; declaring an emergency; and
establishing an effective date. First & Final Reading (J. Bierschwale/S.
Willoughby)
Mayor Baldwin recognized Public Works Director Sam Willoughby who
introduced this item stating on March 16, 2009, the city received a letter from
Cibolo Creek Municipal Authority regarding an adjustment over current rates as
provided in their franchise agreement. COMA staff reviewed with representatives
of the contracting cities and the board of Directors has agreed that a rate increase of
$.60 cents is required. A $.03 cent inter-fund charge adjustment also has been
included to the line maintenance fee. Staff recommends approval of First and Final
Reading of Ordinance No. 09-F-23 rate adjustment of Sewer Treatment and
Maintenance Fees.
Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by
Councilmember Trayhan to approve Ordnance No. 09-F-23 first and final reading.
Vote was unanimous. Motion Carried.
6. Ordinance No. 09-F-24 -Discussion and consideration and/or action on an
Ordinance of the City Council of the City of Schertz, Texas amending water rates
pursuant to Chapter 90, Article II, Section 90-56, Water Rates Established, of the
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Code of Ordinances of the City of Schertz, Texas; providing a repealing clause;
providing severability; declaring an emergency; and establishing an effective date.
First & Final Reading (J. Bierschwale/S. Willoughby)
Mayor Baldwin recognized Public Works Director Sam Willoughby who
introduced this item stating on June 18, 2009, the city received a letter from
Schertz-Seguin Local Government Corporation Board of Director approving a
water rate increase of $.08 cents for FY2009/2010. A $.Ol cent inter-fund charge
adjustment has been added for a total increase of $.09 per thousand gallons. Staff
recommends approval of First & Final Reading of Ordinance No. 09-F-24 rate
adjustment of water rates established.
Councilmember Trayhan pointed out that the exhibit was not correct that the
increases were off and need to be corrected. Mayor Baldwin stated that since many
years ago, we adopted an inverted water rate, any increases to those rates should be
percentage increases to maintain the concept of inversion. A flat rate increase to all
rate levels, skews the concept of high water usage being discouraged by higher rates
per thousand gallons of water used.
Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by
Councilmember Trayhan to approve Ordnance No. 09-F-24 first and final reading
with corrections to the exhibit. Vote was unanimous. Motion Carried.
7. Ordinance No. 09-D-25 -Consideration and/or action approving an ordinance
amending Section 86-115, Maximum Limits on Specific Streets for a portion of FM
3009. First Reading (L. Dublin)
Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item
stating an engineering and traffic investigation has been made to determine the
maximum, reasonable and prudent speeds on the section of: FM 3009 from MP
5.388 at a point 0.350 miles southeast of the centerline of IH 35 to MP 7.050 at the
intersection of East Live Oak Road/Dietz Road for a total distance of 1.662 miles
approximately. Staff recommends Council approval Council to support TXDOT
petition to the state office to reduce the speed limit on FM 3009 from Live Oak
Road/Dietz Road to Wiederstein Road to 45 mph.
Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by
Councilmember Scagliola to approve Ordnance No. 09-D-25 first reading. Vote
was unanimous. Motion Carried.
8. Ordinance No. 09-D-26 -Consideration and/or action approving an ordinance
amending Section 86-115 maximum speed limits establishing a school zone on
Westchester Drive. First Reading (L. Dublin)
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Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item
stating as part of an ongoing review of the school zone signs on City streets by the
City Engineer, it was determined that Westchester Drive was not covered under
Section 86-118 Maximum limits in school zones of the City Code of Ordinance.
This street has been completed all the way through to Elbel Road at the school zone
should be created along Westchester Drive. Mr. Dublin stated the fiscal impact
would be $20.00. Account number: 101-359-551600 -Street Maintenance. Staff
recommends Council approval to create a school zone on Westchester Drive
beginning 776 feet South of Elbel Road thus amending ordinance Section 86-118
Maximum limits in school zones.
Mayor Baldwin recognized Mayor Pro-Tem Fowler who moved, seconded by
Councilmember Scagliola to approve Ordnance No. 09-D-26 first reading. Vote
was unanimous. Motion Carried.
9. Ordinance No. 09-D-27 -Consideration and/or action approving an ordinance
amending Section 86-115 maximum speed limits on Westchester Drive. First
Reading (L. Dublin)
Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item
stating as part of an ongoing review of the speed limits on City streets by the City
Engineer, it was determined that Westchester Drive is not covered under Section
86-115 Maximum Limits Generally of the City Code of Ordinance. This street has
been completed all the way through to Elbel Road and the speed limit should be
20mph throughout the entire length of Westchester Drive. The Fiscal Impact will be
$15.00. Account number: 101-359-551600 -Street Maintenance. Staff recommends
Council approval to establish a speed limit and place signs on Westchester Drive
thus amending ordinance Section 86-115 Maximum Limits Generally
Mayor Baldwin recognized Mayor Pro-Tem Fowler who moved, seconded by
Councilmember Scagliola to approve Ordnance No. 09-D-27 first reading. Vote
was unanimous. Motion Carried.
10. Ordinance No. 09-D-28 -Consideration and/or action approving an ordinance
amending Section 86-41 stop intersections designated on Westchester Drive. First
Reading (L. Dublin)
Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item
stating as part of an ongoing review of the stop signs on City streets by the City
Engineer, it was determined that Westchester Drive is not covered under Section
86-41 Stop Intersections-Designated of the City Code of Ordinance. This street has
been completed all the way through to Elbel Road and the stop sign should be
placed at the corner of Westchester Drive and Elbel Road. The Fiscal Impact will
be $20.00. Account number: 101-359-551600 - Street Maintenance. Staff
recommends Council approval to place a stop sign on Westchester Drive at its
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intersection with Elbel Road, thus amending ordinance Section 86-41 Stop
Intersections-Designated.
Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by
Mayor Pro-Tem Fowler to approve Ordnance No. 09-D-28 first reading. Vote was
unanimous. Motion Carried.
11. Ordinance No. 09-D-29 -Consideration and/or action approving an ordinance
amending Section 86-118, maximum limits in school zones on specific streets and
providing a repealing clause. First Reading (L. Dublin)
Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item
stating as part of an ongoing review of the school zone signs on City streets by the
City Engineer, it was determined that Randolph Avenue is not covered under
Section 86-118 Maximum limit of the City Code of Ordinance. Amend the Schertz
Elementary school zone sign to 20 MPH. The Fiscal Impact will be $80.00.
Account number: 101-359-551600 - Street Maintenance. Staff recommends
Council approval to amend speed limit signs on Randolph Avenue thus amending
ordinance Section 86-118 Maximum limit. Council discussed extending the area
asking questions to Mr. Dublin. Mr. Dublin addressed council questions and
concerns.
Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by
Councilmember Carpenter to approve Ordnance No. 09-D-29 first reading. Vote
was unanimous. Motion Carried.
12. Resolution No. 09-R-34 -Consideration and/or action approving a resolution
adopting the Schertz-Seguin Local Government Corporation Fiscal Year 2009-2010
Annual Budget and making appropriations in accordance with said budget. (J.
Bierschwale/A. Cockerell)
Mayor Baldwin recognized General Manager Alan Cockerell of the Schertz-Seguin
Local Government Corporation who introduced this item stating Resolutions
SSLGC R-09-03 and SSLGC R09-04 are in the council's packet and that they
represent Schertz-Seguin Local Government Corporation's FY09/10 budget and
water rates, which were approved by the board of directors at their June 18, 2009
board meeting.
Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by
Councilmember Scagliola to approve Resolution No. 09-R-34. Vote was
unanimous. Motion Carried.
13. Resolution No. 09-R-35 -Consideration and/or action approving a resolution
adopting the Schertz-Seguin Local Government Corporation Fiscal Year 2009-2010
Water Rates. (J. Bierschwale/A. Cockerell)
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Mayor Baldwin recognized General Manager Alan Cockerell of the Schertz-Seguin
Local Government Corporation who introduced this item stating Resolutions
SSLGC R-09-03 and SSLGC R09-04 are in the council's packet and that they
represent Schertz-Seguin Local Government Corporation's FY09/10 budget and
water rates that were approved by the board of directors at their June 18, 2009
board meeting. Mr. Cockerell stated that the increase in water rates represent a
3.4% escalation over last year's rates.
Mayor Baldwin recognized Mayor Pro-Tem Fowler who moved, seconded by
Councilmember Trayhan to approve Resolution No. 09-R-35. Vote was
unanimous. Motion Carried.
14. Resolution No. 09-R-37 -Resolution revising the Library Interlocal Agreement
with Selma (M. Uhlhorn)
Mayor Baldwin recognized Library Director Gail Douglas who introduced this item
stating this item is to permit the citizens of Selma to utilize the City's Library
facilities and the agreement is for two full fiscal years, from October 1, 2008
through September 2010. Ms. Douglas further stated the City would collect a fee
based on Selma's population.
Council asked staff to bring this item back on next agenda with correct wording for
consideration and/or action. No action taken
15. Appointment/Reappointment to Boards and Commissions/Committees -
Consideration and/or action regarding appointment to the Library Board. (B.
Dennis)
Mayor Baldwin recognized City Secretary Brenda Dennis who stated that after last
meeting investigation was made into the existing resolution and was found that the
existing resolution allows for appointment of 12 members and recommends Council
approve the appointment of Ms. Darlene Price to the Library Board.
Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by
Councilmember Trayhan to appoint Ms. Darlene Price to the Library Board. Vote
was 3-1-0 with Mayor Pro-Tem Fowler voting no. Motion Carried.
Mayor Baldwin adjourned into executive session at 9:00 p.m.
EXECUTIVE SESSION
Called under Section 551.071 Litigation, pending litigation; Section 551.072 Texas
Government Code -Deliberation regarding the purchase, exchange, sale, lease, or value
of real property.
RECONVENE TO REGULAR SESSION
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Mayor Baldwin reconvened into Regular Session at 9:25 p.m.
Mayor Baldwin recognized Mayor Pro-Tem Fowler who asked if the Council could revisit
agenda item 15. Mayor Pro-Tem Fowler stated that he misunderstood the item and voted
incorrectly. Mayor Baldwin recognized Councilmember Carpenter who moved, seconded
by Councilmember Trayhan to revisit agenda item 15.
15. Appointment/Reappointment to Boards and Commissions/Committees -
Consideration and/or action regarding appointment to the Library Board. (B.
Dennis)
Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by
Councilmember Trayhan to appoint Ms. Darlene Price to the Library Board. Vote
was unanimous. Motion Carried.
16. Take any additional action deemed necessary as a result of the Executive Session.
No action taken.
Requests and Announcements
17. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
No items requested.
18. Requests by Mayor and Councilmembers to City Manager and Staff for
information.
Mayor Baldwin recognized Councilmember Carpenter who stated he noticed the
new Ice House at HEB that was constructed with wires strung up on some polls and
wanted to know if that passed through the proper channels and if not what the city
is doing about this issue. Assistant City Manager David Harris stated that
Development Services has looked into the issue and the building is permissible as
well as the wiring but that HEB is aware of City's view and will be contacting the
contractor to correct. Mr. Harris also stated that he has asked staff to look at issue
and correct for the future
19. 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
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Mayor Baldwin recognized the following:
Mayor Pro-Tem Fowler who commended staff on the July 4th Celebration, stating
it was a great success and was the best ever. Mayor Pro-Tem Fowler also stated the
fireworks were tremendous.
Councilmember Scagliola also commended staff on the July 4th Celebration, stating
it was a great success. He especially thanked Gail Douglas for securing so many
volunteers as well as thanked the police department and EMS.
Councilmember Trayhan also commended staff on the July 4th Celebration, stating
it was a great success. He also stated that he is looking forward to the revenue
expenditure reports for this event as well as SchertzFest.
Councilmember Carpenter dittos the above comments stating is was an exceptional
event. He further stated that he was excited about the first Schertz BBQ event
despite the fact that the Texas palette is not apparently prepared for the more
sophisticated tastes of old south BBQ, it was an exceptional event.
Mayor Baldwin stated that he believed the fireworks show was the best ever he also
commended staff for their hard work in the success of the event. Mayor Baldwin
stated that he was glad to see that Representative Edmund Kimpel and his wife
were at the opening ceremony and good to see him out there again.
20. Announcements by City Manager
• Recognition of City employee actions
• New Departmental initiatives
Mayor Baldwin recognized the following:
Assistant City Manager David Harris who stated staff recently had a teleconference
with Moody's and Standards and Poor's regarding the city's bond sales and to look
for an item to come to Council next week. Mr. Harris also mentioned he had the
Parks department look at the number of trees the city is loosing because of the
drought and will be trying to save those they can and remove the ones that have
died. He further stated that the Parks department is in the process of repairing the
irrigation system, which will help the watering issue. Mayor Baldwin added that
Mr. Hardin approached him recently about all the trees that are going in and that the
city is not watering them and asked that the city provide a truck to go and water
them.
Assistant City Manager John Bierschwale who stated that based on information
from Universal City and Selma and our own staff there were over twenty thousand
in the park area during the event and an estimated hundred thousand who viewed
the fireworks event from Universal City, Selma and Schertz. Mr. Bierschwale
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wanted to extend a special thanks to Gail Douglas, Shanna O'Brien, Bob Cantu, and
Juan Santoya for their work on the 4`h event. Mr. Bierschwale stated that the event
grossed 95 thousand, but the city still needed to pay their vendors, but felt the event
will see a little profit. A survey conducted showed that citizens from as far as
Baton Rouge Louisianan, Corpus Christi and Aransas Pass attended. Mr.
Bierschwale stated that they would be bringing budget numbers back regarding last
years SchertzFest as well as a proposed budget for this year at a future agenda.
ADJOURNMENT
As there was no further action, Mayor Baldwin adjourned the meeting at 9:37 p.m.
al Baldwin, Mayor
ATTEST:
_.,
....
t ~ ~. \ ~ ,
Brerrd'a Dennis, TRMC, CMC City Secretary
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