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 -