11-03-09 MINUTES
REGULAR MEETING
November 3, 2009
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
November 3, 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 Pro-Tem Jim Fowler Councilmember David Scagliola
Councilmember John Trayhan Councilmember Michael Carpenter
Staff Present: City Manager Don Taylor Assistant City Manager John Bierschwale
Assistant City Manager David Harris City Attorney Michael Spain
City Secretary Brenda Dennis
MAYOR BALDWIN WAS ABSENT.
CALL TO ORDER REGULAR MEETING
Mayor Pro-Tem Fowler 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.
Councilmember Carpenter gave the invocation followed by the Pledges of Allegiance to
the Flags of the United States and State of Texas.
PRESENTATIONS
• Proclamation for Municipal Court Week, Patti Veliz to accept.
Mayor Pro-Tem Fowler recognized Court Administrator Patti Veliz. Mayor Pro-
Tem Fowler read and presented the proclamation.
• Proclamation for National Hospice Month, Executive Director Charles Roark,
Outreach Director Mark Powell, Director of Patient Care Services Heidi Wall and
Community Outreach Susana Dias to accept.
Mayor Pro-Tem Fowler recognized Director of Patient Care Services Heidi Wall
and Community Outreach Susana Dias. Mayor Pro-Tem Fowler read and presented
the proclamation.
HEARING OF RESIDENTS
Mayor Pro-Tem Fowler recognized the following citizens:
11-3-09 Minutes
• John Lougher, 2505 Cabana Drive, who spoke regarding the drainage and excessive
water from Lowe's.
~ Rosemary Grayson, 5213 Cabana Drive, who spoke regarding the drainage and ~
water from Lowe's.
• David Richmond, 2921 Bent Tree, who spoke in favor of agenda item 6 as this area
also has flooding issues.
• Dena Goodwin, 533 Thoreau, who spoke against the proposed medical facility
going in on Schertz parkway.
• Jan Wilson, 5218 Cabana Drive, who spoke regarding drainage and excessive water
from Lowe's.
Discussion and/or Action Items
1. Presentation/Discussion regarding drainage issues within Mobile Villa Estates -
Presentation /Discussion and possible action regarding drainage issues within Mobile
Villa Estates. (L. Dublin/D. Taylor)
Mayor Pro-Tem Fowler introduced City Engineer Larry Dublin and City Manager
Don Taylor who provided a brief history of the development area answering
questions from Council and addressing the drainage issues. Mr. Taylor stated that his
calls to Lowe's were finally received and the engineer from Lowe's, Mr. Brandon
McCaffey was in the audience. Mayor Pro-Tem Fowler recognized Mr. McCaffey
who stated that this was the first that he had heard about drainage and flooding issues,
and he is willing to sit down and discuss with City Management how to resolve them.
Councilmember Carpenter discussed having this item placed on every agenda until
the issue has been resolved. City Attorney Michael Spain stated that Council could
receive updates each week under the agenda item "Requests by Mayor and
Councilmember's to City Manager and Staff for information".
2. Minutes -Consideration and/or action regarding the approval of the minutes of the
Regular Meeting of October 27, 2009.
Mayor Pro-Tem Fowler recognized Councilmember Scagliola who moved,
seconded by Councilmember Trayhan to approve the minutes of the regular meeting
of October 27, 2009. Vote was unanimous. Motion CarYied.
3. Resolution No. 09-R-52 -Consideration and/or action approving a resolution
amending Resolution 09-R-36 City of Schertz Fee Schedule to amend the rates for
bulk water and water metered by a Fire Hydrant. (C. Spence)
Mayor Pro-Tem Fowler recognized Business Office Manager Carol Spence who
introduced this item who stated that on July 14, 2009 the City Council approved
Resolution No. 09-R-36 establishing the City of Schertz Fee Schedule. An incorrect
fee was noted to the per thousand gallon rates for bulk water and water metered by
afire hydrant fees. Bulk water and water metered by a Fire Hydrant will increase
from $6.74 to $6.83 per thousand gallons.
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Mayor Pro-Tem Fowler recognized Councilmember Scagliola who moved,
seconded by Councilmember Trayhan to approve Resolution No. 09-R-52. Vote
was unanimous. Motion Carried.
4. Ordinance No. 09-M-42 -Consideration and/or action approving an ordinance
revising the Code of Ordinances of the City of Schertz be amended by revising
Section 86-149 parking prohibited in all City of Schertz bicycle paths or lanes. First
Reading (Item requested by Councilmember Carpenter) (L. Dublin)
Mayor Pro-Tem Fowler recognized City Engineer Larry Dublin who introduced this
item who stated as requested by Council, the Engineering Department reviewed the
ordinances regarding no parking throughout the City to determine whether it covered
the presently established hike and bike trails.
Various streets and portions of streets are covered by the ordinance but not
specifically the hike and bike lanes. It is recommended that the ordinance be
amended to specifically exclude "stopping, standing, and parking" in designated
and marked hike and bike lanes. This will required modification to approximately
ten existing signs and the addition of approximately 10 new signs.
Councilmember Carpenter stated that he had placed this item for discussion for safety
reasons in regards to those who are parking in the bike lanes, specifically around
school zones are blocking them and the students have to go out into the street.
Councilmember Trayhan addressed his concern that if this ordinance were passed
then the areas where there are mail receptacles adjacent to the bike lanes, citizens
parking to pick up mail could possibly receive citations.
Mayor Pro-Tem Fowler recognized Councilmember Scagliola who moved,
seconded by Councilmember Carpenter to approve Ordinance No. 09-M-42 first
reading. Vote was 2-2-0. Motion Failed.
5. Ordinance No. 09-M-43 Texas Municipal Retirement System -Consideration
and/or action regarding approving an ordinance electing for the City to make current
service and prior service contribution to the City's account in the Municipal
Accumulation Fund of the Texas Municipal Retirement System at the actuarially
determined rate of total employee compensation. First Reading (D. Dykes)
Mayor Pro-Tem Fowler recognized Human Resource Director Donna Dykes who
introduced this item who stated the TMRS Act provides a limit to the maximum
rate that a city can be required to contribute for the retirement portion of its plan
(the cost of Supplemental Death Benefits is excluded from this limit) based on the
combination of the employee deposit rate and the matching ratio. This maximum
contribution rate limit, also known as the statutory maximum, or "stat max," is not a
limit of the cost of a plan, but rather is simply a limit on the maximum a city could
be required to contribute for the plan. If the TMRS minimum required retirement
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contribution rate exceeds this limit, unless the city takes additional action as
permitted under the TMRS Act, it will not be meeting the minimum contribution
requirements for its TMRS plan.
The City of Schertz 2010 minimum retirement contribution rate has exceeded the
maximum contribution rate limit (13.50% for us). By adopting this ordinance, the
City is agreeing to fully fund the costs of the pension benefits included in the City's
plan.
This ordinance will allow the City of Schertz to impose its own "limit" on the
contribution rate by using its discretion in determining which potential plan
improvements to adopt, or not adopt, based on the calculated contribution rate. The
TMRS actuary will perform a valuation of the City's plan of benefits each year and
forward this rate to us.
Ms. Dykes stated that this action removes the TMRS contribution rate cap of 13.5%
to allow for additional obligations the City has to the system. The contribution rate
for 2010 will be 15.6% and is a budgeted item.
Mayor Pro-Tem Fowler recognized Councilmember Trayhan who moved, seconded
by Councilmember Scagliola to approve Ordinance No. 09-M-43 first reading.
Vote was unanimous. Motion Carried.
6. Bid #09-PW-38-C-O1 -Green Valley Road Improvements -Consideration and/or
action awarding the bid for the Green Valley Road Improvements to Relmco Inc., in
the amount of $175,941. (L. Dublin)
Mayor Pro-Tem Fowler recognized City Engineer Larry Dublin who introduced this
item who stated as part of the 2006 Street Bond Election, the City designated
funding for improvements to Green Valley Road. The project was bid on October
15, 2009 with eleven (11) contractors submitting.
As bid, the project consists of construction of new drainage structures, new roadside
ditches, sidewalks and erosion control. Mr. Dublin stated action awards the bid for
Green Valley Road improvement project to Relmco Inc. Mr. Dublin stated the area to
be improved is between Greenshire Drive and FM 3009, fiscal impact of $175,941
which is under budget for this project. Mr. Dublin stated the project is funded from
the 2006 street bonds.
Mayor Pro-Tem Fowler recognized Councilmember Trayhan who moved, seconded
by Councilmember Scagliola to award the bid to Relmco Inc., in the amount of
$175,941. Vote was unanimous. Motion Carried.
7. Resolution No. 09-R-56 -Consideration and/or action approving a resolution
supporting the acceptance of an energy efficiency and conservation block grant from
the State of Texas in the amount of $75.000. (G. Logan/D. Harris)
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Mayor Pro-Tem Fowler recognized City Manager Don Taylor and Assistant City
Manager David Harris who introduced this item stating the U. S. Congress passed
the American Recovery and Reinvestment Act, funds for municipalities. Funding
was established through this act and is available through the State Energy
Conservation Office (SEGO). The City of Schertz is allocated $75,000 for energy
efficient plans, programs, audits and developments for municipalities.
This resolution authorizes the City to apply for our $75,000 allocation energy
efficiency grant from the State Comptroller's State Energy Conservation Office.
This funding comes from the Federal American Recovery and Reinvestment Act of
2009.
Mayor Pro-Tem Fowler recognized Councilmember Scagliola who moved, seconded
by Councilmember Trayhan to approve Resolution No. 09-R-56. Vote was
unanimous. Nfotion Carded.
Mayor Pro-Tem Fowler adjourned into executive session at 8:26 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.
Mayor Pro-Tem Fowler reconvened into regular session at 8:45 p.m.
RECONVENE TO REGULAR SESSION
8. Take any other action deemed necessary as a result of the Executive Session.
No action taken.
Requests and Announcements
9. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
Mayor Pro-Tem Fowler recognized Councilmember Carpenter who asked if the no
parking in bike lanes item could be brought back for council discussion to further
decide what issues need to be addressed. Councilmembers concurred to bring this
item back for further consideration and discussion.
Mayor Pro-Tem Fowler recognized City Manager Don Taylor who stated that he
had received a call from one of the Councilmembers regarding a possible safety
issue with the closure at the intersection of Chelsea Drive and FM 1103. Mr. Taylor
briefly described this issue and stated that the construction is on hold pending
Council decision to either reroute traffic or completely close Chelsea for
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construction. After discussion, council concurred to place this item on the next
agenda for discussion.
10. Requests by Mayor and Councilmembers to City Manager and Staff for
information.
No requests given.
11. Announcements by Mayor and Councilmembers
• City and community events attended and to be attended
• City Council Committee and Liaison Assignments (see assignments below)
• Continuing education events attended and to be attended
• Recognition of actions by City employees
• Recognition of actions by community volunteers
• Upcoming City Council agenda items
Mayor Pro-Tem Fowler recognized Councilmember Scagliola who attended the
following:
• First Baptist Church Halloween Gathering and Chili Cook Off
Mayor Pro-Tem Fowler stated that he attended the Cibolo Valley Baptist
Halloween gathering.
12. Announcements by City Manager
• Recognition of City employee actions
• New Departmental initiatives
No announcements.
ADJOURNMENT
As there was no further action, Mayor Pro-Tem Fowler adjourned the meeting at 8:53 p.m.
J~ Fowler, Mayor Pro-Tem
ATTEST:
Brenda Dennis, TRMC, CMC City Secretary
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