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07-14-09MINUTES REGULAR MEETING July 14, 2009 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on July 14, 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: Councilmember David Scagliola Councilmember Michael Carpenter Staff Present: City Manager Don Taylor City Attorney Michael Spain Councilmember John Trayhan Assistant City Manager David Harris City Secretary Brenda Dennis Mayor Hal Baldwin, Mayor Pro -Tem Jim Fowler and Councilmember Tony Wilenchik were absent. CALL TO ORDER REGULAR MEETING Councilmember Carpenter called the meeting to order at 6:30 p.m. stating that due to the absences of the Mayor and the Mayor Pro -Tem and the senior Councilmember the duties of the presiding officer falls next with himself. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND STATE OF TEXAS. Councilmember Carpenter gave the invocation asking citizens to remember Councilmember Wilenchik who was in the hospital as well as the sister of Mayor Pro -Tem Fowler. Councilmember Carpenter led the Pledges of Allegiance to the Flags of the United States and State of Texas. HEARING OF RESIDENTS Councilmember Carpenter recognized the following: • Jessica Robinson and Brad Bailey — provided information to Council on the upcoming Schertz Area Arts Council - ARTz '09 show Friday, July 31, 2009, 8 a.m. to 9 p.m., and Saturday, August 1, 2009 9 a.m. to 5 p.m., and provided a mockup of the signage which will be posted in all city facilities regarding the Council's mission statement, goals, and objectives. • Cynthia Palmer, 409 Pecan Drive, addressed the Council on allowing carports. • Robert Brockman, 1001 Elbel, addressed the Council on the Seguin Gazette newspaper delivery at the Library; members stated that the Gazette is no longer providing copies due to subscription issues. Mr. Brockman asked for information regarding the status of 311 coverage by Verizon, members stated that information would be provided shortly on this. Mr. Brockman also asked if 7 -14 -09 Minutes the Fire Department was participating in the fan giveaway program and staff stated that they are and that information will be provided on the website as well as in the Schertz Tales. REGULAR AGENDA Councilmember Carpenter stated that he would like to move to the regular agenda portion Consent Agenda items, stating that both his colleagues are familiar with the consent agendas and how they work. He stated Council has already had the readings of captions for the ordinances on first reading and they are listed on the consent agenda for final reading. 2. Consent Agenda Items — Discussion and consideration and /or action implementing consent agenda items. (Mayor Baldwin) Councilmember Carpenter asked the members of council present if they had any questions regarding the consent agenda items or wished to pull any item off the consent agenda. Councilmembers Trayhan and Scagliola did not have objections. CONSENT AGENDA The Consent Agenda is considered self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of a Councilmember or if a citizen so requests. For a citizen to request removal of an item, please fill out the speakers request form prior to start of the meeting. Approval of the Consent Agenda authorizes the City Manager to implement each item in accordance with the ordinance in question and staff or board recommendation. 3. 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. Final Reading (L. Dublin) 4. Ordinance No. 09 -D -26 — Consideration and /or action approving an ordinance amending Section 86 -118 maximum speed limits establishing a school zone on Westchester Drive. Final Reading (L. Dublin) 5. Ordinance No. 09 -D -27 - Consideration and /or action approving an ordinance amending Section 86 -115 maximum speed limits on Westchester Drive. Final Reading (L. Dublin) 6. Ordinance No. 09 -D -28 — Consideration and /or action approving an ordinance amending Section 86 -41 stop intersections designated on Westchester Drive. Final Reading (L. Dublin) 7 -14 -09 Minutes Page - 2 - 7. 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. Final Reading (L. Dublin) Councilmember Carpenter recognized Councilmember Trayhan who moved, seconded by Councilmember Scagliola to approve consent agenda items 3 through 7. Vote was 3 -0. Motion Carried. REGULAR AGENDA 1. Ordinance No. 09 -B -29 — Discussion and consideration and /or action approving an Ordinance authorizing the issuance of "City of Schertz, Texas General Obligation and Refunding Bonds, Series 2009 ", levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the bonds, including the approval and distribution of an official statement pertaining thereto; authorizing the execution of a paying agent /registrar agreement, a purchase contract, and an escrow deposit letter; complying with the requirements imposed by the letter of representations previously executed with the depository trust company; and providing for an effective date. First & Final Reading (M. McLiney) Councilmember Carpenter recognized Mark McLiney with Southwest Securities who briefed the Council on the timetable for the issuance of the $6,600,000 General Obligation Bonds, Series 2009, as well as information authorizing the sale. Mr. McLiney stated the $6,600.000 General Obligation bonds came in at a rate of 4.59% compared to the 4.75% projection. In addition, the refunding portion of the sale generated $207,000 worth of savings, Council approved target was $90,000. Comparing to the proposed sale of $16,500.000 last year versus the two sales of $9,900,000 Series 2008 and $6,600,000 Series 2009 as Bank qualified sales we will have saved in excess of 3,600,000 of interest. Mr. McLiney addressed Councils questions. Southwest Securities Staff and Council thanked everyone involved for their work on this project. Councilmember Carpenter recognized Councilmember Scagliola who moved, seconded by Councilmember Trayhan to approve Ordinance No. 09 -B -29 authorizing the issuance of "City of Schertz General Obligation and refunding Bonds, Series 2009, in the amount of $9,500,000, $6,600,000 Series 2009 and $2,900,000 refunding bonds first and final reading. Vote was 3 -0. Motion Carried. 8. Resolution No. 09 -R -37 — Discussion and consideration and/or action approving a resolution revising the Library Interlocal Agreement with Selma (M. Uhlhorn) (No action at 7 -7 -09) 7 -14 -09 Minutes Page - 3 - Councilmember Carpenter 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. Councilmember Carpenter recognized Councilmember Trayhan who moved, seconded by Councilmember Scagliola to approve Resolution No. 09 -R -37. Vote was 3 -0. Motion Carried. 9. Minutes — Discussion and consideration and /or action regarding the approval of the minutes of the July 7, 2009 regular meeting. Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by Councilmember Trayhan to approve the July 7, 2009 minutes. 3 -0. Motion Carried. 10. Resolution No. 09 -R -36 — Discussion and consideration and /or action approving a resolution updating the City of Schertz Fee Schedule. (D. Harris) (No action from 7 -7 -09) Councilmember Carpenter recognized Assistant City Manager David Harris who stated that as requested by council, staff has brought back the schedule that includes the fees from last year. Mr. Harris stated that fee schedule changes since last meeting include: • Library Meeting Room Resident fee was removed ➢ DVD,CD, Cassette fee for improper drop off deleted • Recycling Fee remains the same at $1.25 per month • Fire Rescue C of O Inspection is $50 • Civic Center rate for Stage and Dance Floor is $200 • Planning deleted Mixed Use Subdivision - Proportionate by acreage of designated use categories Councilmember Carpenter recognized Development Director Michele Sanchez who provided detailed information regarding the planning & zoning fees answering questions and concerns from Council as well as EMS Director Dudley Wait. City Manager Don Taylor addressed the Council regarding the recycle fee. Mr. Taylor stated that at this time, the city would not be able to increase the recycle fee charge due to the 1994 referendum passed and that the Council will need to address this soon since the city is losing money on a monthly basis. The city will either discontinue recycling or place a referendum on the November ballot to address this. 7 -14 -09 Minutes Page - 4 - Members of Council requested that a discussion item be placed on the next agenda to address this issue. Councilmember Carpenter recognized Councilmember Trayhan who moved, seconded by Councilmember Scagliola to approve Resolution No. 09 -R -36. Vote was 3 -0. Motion Carried. 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. Council did not meet in executive session. Requests and Announcements 12. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Councilmember Carpenter recognized the following: Councilmembers Carpenter, Trayhan, and Scagliola asked that a general discussion item be placed on the next agenda regarding placing a referendum to change the recycling rate. Councilmembers Carpenter, Trayhan, and Scagliola asked that an item be placed on a future agenda to discuss how the city is going to structure the water rates next year. Councilmember Scagliola requested that an item be placed on the next agenda as a general discussion item regarding the use of stop signs, speed control devices, and more police patrol and related matters. 13. Requests by Mayor and Councilmembers to City Manager and Staff for information. No requests given. 14. 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 7 -14 -09 Minutes Page - 5 - Councilmember Carpenter stated that two years ago in 2007 that CNN Money Magazine chose Schertz as the # 40 best small town to live in America and #1 in the State of Texas and that this year CNN Money Magazine chose Schertz as America's 39th best small town. Every two years, Money Magazine releases its list of America's best small towns. In 2007, Schertz was ranked 40th on the U.S. list and was one of only three Texas towns on the top 50 list. In 2009, Texas towns Schertz, Hewitt, Keller, Mansfield, Friendswood and Georgetown all earned spots on the magazine's list. Dallas -Fort Worth suburbs Keller and Mansfield ranked seventh and 24th; Friendswood, in the Houston - Galveston area, ranked 32nd; Georgetown ranked 45th; Hewitt ranked 46th. Councilmember Carpenter stated that this is a big testimony to where we are as a city and the fact the city has the staying power to remain in the top 40 and move up in such a small group. This is a reflection on the good efforts of City staff and by the community as a whole. Councilmember Carpenter stated that this great honor will make the job of our Economic Development Department and Corporation easier not only to say we were recognized in 2007 but also in 2009. 15. Announcements by City Manager • Recognition of City employee actions • New Departmental initiatives Councilmember Carpenter recognized City Manager Don Taylor who stated because of the information in CNN Money Magazine, the city has been invited to go to Canada with the State of Texas to meet with businesses to get industry to come in to the United States and Texas. He stated that he was scheduled to go but due to other commitments, Assistant City Manager David Harris will be going in his place next week. Assistant City Manager David Harris ADJOURNMENT As there was no further action, Councilmember Carpenter adjourned the mqetjng at 7:40 p.m. , Councilmember 7 -14 -09 Minutes Page - 6 - ATTEST: 4drena Dennis, TRMC, CMC City Secretary 7 -14 -09 Minutes Page - 7 -