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06-15-10MINUTES REGULAR MEETING June 15, 2010 A_ Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on June 15, 2010 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 Michael Carpenter Staff Present: City Manager Don Taylor City Attorney Michael Spain Councilmember Jim Fowler absent. CALL TO ORDER REGULAR MEETING Mayor Pro -Tem John Trayhan Councilmember Cedric Edwards Assistant City Manager John Bierschwale 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. Councilmember Carpenter gave the invocation followed by the Pledges of Allegiance to the Flags of the United States and State of Texas. NEW EMPLOYEE INTRODUCTIONS • Administration, Business Office, Fire, HR, and Library The following new employees were introduced: - Mrs. Jutta Jacobs, Floating Clerk - Mrs. Kelly Stokely, Meter Technician - Mr. Sam Obando, Mr. Dane Anderson, and Mr. Justin Schwersinske - New Fire Fighters - Mrs. Barbara Avalos, Human Resource Clerk - Ms. Elizabeth Blase, Library Technician PRESENTATION • Presentation/Discussion regardithe upcoming35TH July 4th Jubilee Mayor Baldwin recognized Assistant City Manager John Bierschwale who provided a briefing regarding the upcoming July 4th Jubilee event answering questions from Council. HEARING OF RESIDENTS Mayor Baldwin recognized the following: 06 -15 -2010 Minutes • Mr. Joe Tafolla, 1021 Emmet Park who spoke regarding needing stop signs on Savannah and Whitaker. Mayor Baldwin asked that an item be placed on the next agenda to address Mr. Tafolla's concerns. • Mr. John Lougher, 2505 Cabana Drive who spoke regarding the letter he received from Lowe's stating that they are not responsible. Mr. Lougher asked Council for assistance with Lowe's. • Mr. Robert Brockman, 1001 Elbel Road who stated that the following needed to be addressed: Areas at the Old Library — Playscape needing repairs, trash needed to be dumped and that the area needed to be mowed. CONSENT AGENDA The following items may be acted upon in one motion. No separate discussion or action is necessary unless requested by the Mayor or a Councilmember, in which event those items will be pulled for separate consideration: 1. Minutes - Consideration and /or action regarding the approval of the minutes of the Regular Meeting of June 8, 2010. 2. Ordinance No. 10 -M -15 — Consideration and /or action approving final reading of an Ordinance amending Chapter 78 of the City's Code of Ordinance, by amending Section 78 -5 regarding the painting of residents' addresses on curbs; repealing all ordinances or parts of ordinance in conflict with this Ordinance and such code, and providing an effective date. Final Reading (Marshal Todd) 3. Ordinance No. 10 -F -16 - Consideration and/or action approving final reading of an Ordinance amending Chapter 90, Sections 90 -11 and 90 -12 of the Code of Ordinances regarding notices of delinquent water, wastewater, and /or garbage service charges and service disconnections. Final Reading (S. Willoughby /C. Spence) 4. Resolution No. 10 -R -31— 35TH July Jubilee — Consideration and /or action approving a resolution designating particular areas, dates and times for which alcoholic beverages may be brought into or removed from Pickrell Park and authorizing the extension of park hours, extension of noise hours and other motorized vehicles in particular park areas. (J. Bierschwale /C. Raleigh) Mayor Baldwin recognized Mayor Pro -Tem Trayhan who moved, seconded by Counciliember _Carpenter to - approve the __consent ageda " items Vote was unanimous. Motion Carried Discussion and /or Action Items. 5. Resolution No. 10 -R -29 — Consideration and /or action approving a Bond Resolution Adopted by the Board of Directors of the Schertz /Seguin Local Government Corporation Authorizing the Issuance of Obligations designated as "Schertz /Seguin 06 -15 -2010 Minutes Page - 2 - Local Government Corporation Contract Revenue Bonds, Series 2010 "; acknowledging that these Obligations were sold to Coastal Securities, Inc., Houston, Texas, as the authorized Representative of a Group of Underwriters Pursuant to the provisions of a Purchase Contract; ratifying, reconfirming, and readopting the provisions of a Regional Water Supply Contract executed between_ the City of Schertz, Texas, the City of Seguin, Texas and the Schertz /Seguin Local Government Corporation; authorizing the Mayor, City Secretary, and the City Manager of the City of Schertz, Texas to execute on behalf of the City of Schertz, Texas all documents in connection with this transaction; and other matters in connection therewith. (M. McLiney /R. Cunningham) Mayor Baldwin introduced the following members from the Schertz Seguin Local Government Corporation (SSLGC) who were in the audience: Chair Ken Greenwald, Commissioner Jim Wolverton, Commissioner Patricia Ramirez and Alan Cockerell General Manager. Mayor Baldwin recognized Mr. Mark McLiney with Southwest Securities who introduced this item stating that action requested of Council would allow the Schertz Sequin Local Government Corporation (SSLGC) to make improvements to the system. Mr. McLiney stated that on April 27, 2010, he and Alan Cockerell presented to the City Council the SSLGC financing plan for the expansion project. At that time, the City Council authorized the SSLGC to proceed. The action tonight will be to give the City's final approval of the Bond Sale that the SSLGC completed earlier on June 15, 2010. There will be no impact to the City's rates for the first 3 years because capitalized interest will be included for that period. After the third year, if additional revenues are not available from other customers, the City will be responsible for one -half of the debt service. (The City of Seguin would be responsible for the other half.) Action requested of Council approves the bond sale that SSLGC completed on June 15, 2010 to finance system improvements. Council approved the sale at their regular meeting on April 27, 2010. Mr. McLiney addressed Council questions. Mayor Baldwin recognized Mayor Pro -Tem Trayhan who moved, seconded by Councilmember Scagliola to approve Resolution No. 10 -R -29. Vote was unanimous. Motion Carded. 6. Resolution No. 10 -R -30 — Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas Authorizing an Interlocal Cooperative Agreement between the City of Schertz Economic Development Corporation and the -- - - -_ - Qty- of-Schertz, -Texas s; and - other matters- in co -nnect _on therewith: �M. Y1cLineylR.__ -- Cunningham) Mayor Baldwin recognized Mr. Mark McLiney with Southwest Securities who introduced this item stating that on April 27, 2010, the City Council authorized the Staff and Southwest Securities to proceed with the sale of Tax Notes for public improvements related to the area around the SYSCO project and for the purchase of EMS equipment. The approval of the Interlocal Agreement between the City and 06 -15 -2010 Minutes Page - 3 - the EDC will simply formalize that the EDC will be responsible for the debt service on the portion of the Tax Notes that are related to the SYSCO area improvements. Action requested of Council finalizes the Interlocal Agreement between the City and the Economic Development Corporation. Council approved a tax note sale on April 27, 2010 for public improvements to the area around SYSCO and for the purchase of EMS equipment. Action formalizes that the EDC will be responsible for the debt service on the portion of Tax Notes that are related to the SYSCO area improvements. Mr. McLiney addressed questions from Council. Mayor Baldwin recognized Mayor Pro -Tem Trayhan who stated that the Interlocal Agreement has the amount of "not to exceed $1,575,000" and believes it needs to state "$1,580,000. Mr. McLiney stated that he was correct and that the EDC would have a special meeting to address the amount change. Mayor Baldwin recognized Carpenter who moved, seconded by Mayor Pro -Tem Trayhan to approve Resolution No. 10 -R -30. Vote was unanimous. Motion Carried. 7. Ordinance No. 10 -B -17 - Consideration and /or action approving an Ordinance by the City Council of the City of Schertz, Texas Authorizing the Issuance of "City of Schertz, Texas Tax Notes, Series 2010 ", Levying an Annual Ad Valorem Tax, Within the Limitations Prescribed by Law, for the payment of the Obligations; prescribing the form, terms, conditions, and resolving other matters incident and related to the Issuance, Sale, and Delivery of the Obligations; Authorizing the Execution of a Paying Agent /Registrar Agreement and a Purchase and Investment Letter; Complying with the Requirements of the Letter of Representations Previously Executed with the Depository Trust Company; and Providing an Effective Date. (M. McLiney /R. Cunningham) Mayor Baldwin recognized Mr. Mark McLiney with Southwest Securities who introduced this item stating that on April 27, 2010, the City Council authorized the staff and Mark McLiney to proceed on the sale of Tax Notes to finance public improvements around the SYSCO project and various vehicles and equipment for the EMS department. This Ordinance authorizes the issuance and sale of the Tax Notes for the various purposes as directed by the City Council. If approved, the General Fund will not be responsible for any of the debt service payments. The EDC will pay the portion of the Notes that financed the SYSCO area project and the EMS department will pay for the portion used for the purchase of the equipment from their annual budget. Mr. McLiney addressed questions from Council. - -- - - -- Mayor _Baldwin_ recognized Councilmember Scagliola who moved, seconded by Councilmember Carpenter to approve Ordinance No. 10 -13-17 first and final reading. Vote was unanimous. Motion Carried. 8. Bexar Metro 9 -1 -1 Proposed Budget — Presentation and consideration and /or action on the Bexar Metro 911 District Fiscal Year 2010 proposed budget. (D. Wait) 06 -15 -2010 Minutes Page - 4 - Mayor Baldwin recognized EMS Director Dudley Wait who introduced this item stating that Bexar Metro 911 was formed by legislation in 1985. This legislation created a high quality, three county -wide Enhanced 911 service through implementation of emergency communication districts. The agency has been working towards this goal ever since and today, we enjoy a very reliable, high quality single emergency number system. Over the years, the agency has traditionally utilized its revenue to not only build this system, but to also assist local public safety agencies across the tri- county area with equipment and training. Unfortunately, this has not been the case over the last 5 to 7 years, when the agency has limited its spending to only supplying hardware and software to Public Safety Answering Points (PSAP) such as Schertz PD Dispatch. For the last three to five years, the City has struggled with this budget approval process. We have voted several times to disapprove their budget, then to take no action on their budget, and last year to approve their budget. These issues are a result of Bexar Metro 911's excessively large reserve funds and their outright refusal to assist communities such as ours with mission critical infrastructure projects like improving our public safety radio systems. All attempts for assistance with these projects have been denied. Since approving their budget last year, the City has had meetings with Bexar Metro to again seek assistance with improving our public safety radio system. These talks again have not been fruitful. In addition, this year, the City agreed to offer land at no cost to Bexar Metro 911 for a location where they could build the redundant emergency Public Safety Answering Point (PSAP). This project is funded in this budget, however Bexar Metro has turned down the City's offer for free land instead opting to purchase land at a considerable cost. This, along with their decision to help fund the new regional computer aided dispatch software (CAD) in 2009, appears to be contradictory to their arguments used in not funding our public safety radio system improvements. The 911 district does continue to hold incredibly large reserves ($40M end of FY 2009). In the current FY2010 budget, they had planned to spend $12M of their reserves for upgrading the 911 system. Their end of year projections, however, shows that they will only spend approximately $1.48M while placing an additional $6.94M of excess revenues back into reserves. Their plan for FY 2011 shows them spending $18M to build the redundant PSAP, but also shows them placing $5.48M of excess revenues back into reserves. Staff believes -that City- :ounc�l -should either disapprove this_budget or elect to_take no action. Although there is no planned expenditure for enhancing our radio system and the District has denied our offer for free land to build their new PSAP, their budget does show a real valid attempt at spending down their reserves for a project that will benefit the City of Schertz in times of emergency. In addition, it also provides a precedent for the District to spend funds in areas that they have traditionally said were not appropriate expenditures of 911 fees. 06 -15 -2010 Minutes Page - 5 - City Manager Don Taylor and Assistant City Manager John Bierschwale recommended to send a clear message to them that they are not assisting the needs of a joint 9 -1 -1 system that will work with all, San Antonio, Live Oak, and City of Schertz and recommends disapproval. Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Councilmember Scagliola to disapprove the Bexar 9 -1 -1 proposed budget. Vote was unanimous. Motion Carried. 9. Annexation I -10- Trainer Hale — Conduct a public hearing and discussion by City Council concerning the annexation of land north of I -10 between FM 1518 and Trainer Hale Road, approximately 415.02 acres. (M. Sanchez /M. Spain) Mayor Baldwin turned the meeting over to Mayor Pro Tem John Trayhan. City Attorney Michael Spain provided the background and procedures. He stated that this is the first of two public hearings on the process of annexing approximately 415.02 acres of land in South Schertz bordering IH -10. A map of the proposed area was shown. After identifying property owners, which were AG valued, those property owners were offered development agreements in lieu of annexation where they could choose not to be annexed for a period of 10 years; not pay property taxes and not receive city services, as long as they comply with the terms of the development agreement Several steps in the annexation process have been completed as indicated on the annexation timeline. This is the first public hearing required as part of the annexation process. The timeline is as follows: - June 22, 2010 — Second and final Public Hearing. - July 13, 2010 — First reading of Ordinance for considering the annexation. - July 20, 2010 - Final reading of Ordinance for considering the annexation. Mr. Spain provided information regarding the Development Agreement process. Mayor Pro -Tem Trayhan opened the public hearing and recognized the following: • Mrs. Bernice Jarzombek, 13880 Dusty Fields who asked since they were being annexed would the city pave their road. • Mr. Ken Zarzombek, 13880 Dusty Fields who addressed concerns regarding Police .____ .. -and_. Fire _Pr_otection_services_._.._._ _______ • Mr. Michael Hunter, 7681 Trainer Hale who addressed similar concerns. • Mr. Robert Brockman, 1001 Elbel Road who asked if most of the area was AG exempt. Staff concurred. As no one else spoke, Mayor Pro Tem Trayhan closed the public hearing and again stated that the second public hearing would be held on June 22, 2010. Mayor Pro -Tem Trayhan 06 -15 -2010 Minutes Page - 6 - introduced Development Services Director Michelle Sanchez and encouraged citizens in the audience to take her card so they could contact her should they have questions. Mayor Pro -Tem Trayhan recognized Councilmember Carpenter who stated that this land was released by San Antonio so that the property along 1 -10 could be protected and developed in a similar manner, as they would want it developed, going along with Master Thoroughfare Plan. City Council did not meeting in executive session. EXECUTIVE SESSION Called under Section 551.071 Texas Government Code Litigation, pending litigation; Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange, sale, lease, or value of real property. 10. Take any action deemed necessary as a result of the Executive Session. No action taken as Council did not meet. Requests and Announcements 11. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Mayor Baldwin stated that the only item was the one to address the stop signs along Savanna and Whitaker. 12. Requests by Mayor and Councilmembers to City Manager and Staff for information. Mayor Baldwin recognized Councilmember Carpenter who asked for an update on when the Wiederstein bridge and road would be completed. City Engineer Larry Dublin stated that the bridge should be complete in two weeks and after that, they would be paving. Mayor Baldwin recognized Councilmember Scagliola who asked if staff was addressing the letter that Council received regarding an EMS Write -off. City Manager Don Taylor stated that staff is looking into this and it should be taken care of 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 06 -15 -2010 Minutes Page - 7 - Mayor Baldwin recognized Councilmember Scagliola who stated the following: • Completed the TABC Certification last week and thanked Gail Douglas • Saturday, June 12, 2010 he attended the North Cliffe HOA party and movie in the park event. C Saturday, June 12, 2010 he had dinner at Loretta's Finest — it was great food and outdoor music • Tuesday, June 15, 2010 he attended the Schertz Chamber Luncheon Birthday Party, the Chamber celebrated their 5th birthday. Mayor Baldwin stated he attended the AACOG meeting today in Seguin and encouraged the seniors to get involved and to get the word out that there are services available to them. 14. Announcements by City Manager • Recognition of City employee actions • New Departmental initiatives Mayor Baldwin recognized City Manager Don Taylor who stated that again the City of Schertz is grateful to the SSLGC, the past leaders who worked so diligently in securing water for the future of Schertz. Mayor Baldwin recognized Alan Cockerell SSLGC General Manager who stated that his Assistant Georgia Hanks went in the hospital for an emergency appendectomy and to keep her in their thoughts. ADJOURNMENT As there was no further action, Mayor Baldwin adjourneSfthe meting at 8:20 p.m. Baldwin, Mayor ATTEST: Dennis, TRMC, CMC City Secretary 06 -15 -2010 Minutes Page - 8 -