ccspecial 06-13-2006MINUTES
SPECIAL SESSION
June 13, 2006
The Schertz City Council convened in Special Session on Tuesday, June 13, 2006 in
the Municipal Complex Council Chambers at 7:00 pm, 1400 Schertz Parkway
Building #4, Schertz, Texas. The following members were present: Mayor Hal
Baldwin presiding, Councihnembers Jim Fowler, David L. Scagliola, Reginna Agee,
and Michael Carpenter. Absent was Councihnember Wilenchik. Also present were
City Manager Don Taylor, Assistant City Manager John Bierschwale, and Deputy
City Secretary Mary Ybarra.
#1 CALL TO ORDER.
Mayor Baldwin called the meeting to order at 7:00 pm.
#3 PLEDGE OF ALLEGIANCE TO THE UNITED STATES AND STATE OF
TEXAS.
At this time, everyone recited the pledges.
#2 HEARING OF RESIDENTS
Sharon Pennington, Schertz Chamber of Commerce President, thanked
Councilmember Fowler and Mr. Brockman for attending the Chamber open house. The
open house was a success resulting in several businesses signing up, and many more
follow-up leads. One individual (Mr. Brockman) became a member. Ms. Pennington
invited everyone to a ribbon cutting ceremony for a new insurance business (Mike Clifton
Insurance Agency) on IH-35 on Thursday, June 22, at 10:00 am. She added that the 4a' of
July Jubilee would be July 3 and 4. The 2006 Grand Marshals would be Mr. & Mrs. Eric
White, and Honorary Grand Marshals would be Kyle Swinney, Sean Aikman and Robert
C. Theis (returnees from Iraq, the 2006 theme would be "Come Home to Schertz" and the
VIP area would be moved to the BVYA building.
John Poe, 1513 Red Oak Cove, voiced concern regarding City pool and management. He
reported that chemicals were dropped in the pool before children arrived to use the pool,
and the coach discovered the chemicals before anyone entered the pool. As he drove up
today the pool was being drained and a City fire truck was on standby, probably to fill the
pool. He brought this to the attention of Council, so that the City would take a good hard
look at the management company. City Manager Taylor advised that the City was aware of
the incident and planned to meet with the management company.
Robert Brockman, voiced concern about several agenda items and the need for
clarification. He asked about the format used for posting agendas.
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#4 INTRODUCTION: New City Employees
Beverly Todd introduced and gave a short bio on new Police Department employees,
Police Officer Bill Freeman (out on call), Police Officer Michael Rapier, and new Animal
Services Supervisor Brenda McGlothlin.
Public Works Director Sam Willoughby introduced and gave a short bio on Public Works
employees, Chris Stier, Street Worker I; Grant Graves, Street Worker I; Shawn Peterson,
Serviceman I; and Pete Ward, Serviceman I (not available).
Council welcomed all the employees and wished them many years of service with the
City.
#5 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:
A) Minutes of the workshop of March 1 and May 9, 2006.
B) ORDINANCE: Action on final reading on an ordinance by the City
Council of the City of Schertz, Texas authorizing an exchange of right-of-
way.
C) ORDINANCE: Action on final reading on an ordinance by the City
Council of the City of Schertz authorizing a licensing agreement
D) RESOLUTION: Action on resolution and contract with the Schertz
Chamber of Commerce for the 4th of July Jubilee.
E) RESOLUTION: Adoption of a resolution by the City Council of the City
of Schertz, Texas, calling for cooperation and a commitment to establish a
South Central Texas Training Center for Emergency Services.
Councilmember Carpenter made a motion, seconded by Councilmember Agee to approve
all items under consent agenda. The vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Agee and Carpenter.
NAY: None.
#6 ORDINANCE: Discussion and action on first reading on an ordinance by
the City Council of City of Schertz amending the Unified Development Code (UDC)
Ordinance No. 96-5-28 by repealing Ordinance No. 02-5-2, Article IX, Sign
Standards, and creating a new ordinance replacing Article IX, Sign Standards;
establishing a penalty; repealing conflicting ordinances; and establishing an
effective date.
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City Manager Taylor gave a short briefing and noted changes to the Ordinance.
Councilmember Fowler asked if fees had been increased. He was told no.
Councilmember Carpenter made a motion, seconded by Councilmember Agee to approve
first reading of an Ordinance amending the Unified Development Code (UDC) Ordinance
No. 96-5-28 by repealing Ordinance No. 02-5-2, Article IX, Sign Standards, and creating
a new ordinance replacing Article IX, Sign Standards; establishing a penalty; repealing
conflicting ordinances; and establishing an effective date. The vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Agee and Carpenter.
NAY: None.
#7 ORDINANCE: Discussion and action on first reading of an ordinance by the
City Council of the City of Schertz authorizing and adopting rules of conduct and
procedure for meetings of the City Council.
No changes were reported.
Councilmember Carpenter made a motion, seconded by Councilmember Agee to approve
first reading of an ordinance authorizing and adopting rules of conduct and procedure for
meetings of the City Council. The vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Agee and Carpenter.
NAY: None.
#8 ORDINANCE: Discussion and action on first and final reading of an
ordinance by the City Council of the City of Schertz authorizing a commercial
licensing agreement.
City Manager Taylor explained that because the City has received several requests for
use of a copyrighted Police Department video by commercial television companies, the
ordinance would authorize use of a licensing agreement for this type of request. A user
fee of not less than $250 is recommended; but Council may increase this amount upon
review.
Without further discussion, Councilmember Agee made a motion, seconded by
Councilmember Fowler to approve first and final reading of an ordinance by the City
Council of the City of Schertz authorizing a commercial licensing agreement and a user
fee of $250.00. The vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Agee and Carpenter.
NAY: None.
#9 RESOLUTION: Discussion and action on a resolution relating to
establishing the City's intention to reimburse itself for the prior lawful expenditure
of bond funds from the authorized purposes.
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City Manager Taylor said there were no changes and reminded Council that the
ordinance would allow the City to reimburse itself for expenditures associated with bond-
funded program, which is a legal requirement related to the issuing of bonds.
Councilmember Agee made a motion, seconded by Councilmember Carpenter to approve
a resolution relating to establishing the City's intention to reimburse itself for the prior
lawful expenditure of bond funds from the authorized purposes. The vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Agee and Carpenter.
NAY: None.
#10 RESOLUTION: Discussion and action on resolution authorizing a loan from
the City of Schertz Enterprise Fund to Schertz Seguin Local Government
Corporation for water plant expansions.
City Manager Taylor explained that the resolution authorizes the City to grant a loan to
Schertz Local Government Corporation (SSLGC) to help fund development and
operation of the water plant. The City of Schertz and the City of Seguin would each loan
50 percent of needed funds. The Corporation would reimburse both Cities.
Councilmember Fowler made a motion, seconded by Councilmember Agee to approve
the resolution authorizing a loan from the City of Schertz Enterprise Fund to Schertz
Seguin Local Government Corporation for water plant expansions.
AYES: Councilmembers Fowler, Scagliola, Agee and Carpenter.
.NAY: None.
#11 RESOLUTION: Discussion and action setting a public hearing regarding
amendment of land use assumptions, capital improvements plan, and impact fees
and appointing an advisory committee.
City Manager Taylor explained that the City is required to update the land use
assumptions and capital improvements plan that are the basis for impact fees. Part of the
process will be to hold public hearings to consider these amendments, and appointment of
a capital improvement advisory committee. The committee will review and provide
written comments on proposed amendments for Council review and consideration.
After a brief discussion, Councilmember Carpenter made a motion, seconded by
Councilmember Agee to a set public hearing date of July 11, 2006 to consider the
amendment of land use assumptions, the capital improvements plan and the imposition of
impact fees, and appoint the capital improvement advisory committee (Planning and
Zoning Commission; Tim Fetter and Peter Guel). The vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Agee and Carpenter.
NAY: None.
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#12 Presentation, discussion and possible action on establishing the position and
responsibilities for Administrative Assistant for the Municipal Judge.
Judge Padgett stated that the presentation is based on research done by Matt Vandenberg,
Harvard University Intern.
Matt Vandenberg thanked Council and City Manager Taylor for the opportunity to intern
for the City of Schertz, noting that he had an interesting learning experience working
with the different departments. He explained that after researching case files within the
Schertz Municipal Court system, he focused on procedures to help increase Municipal
Court efficiency, and better serve the citizens of Schertz.
The report covered the following:
^ Overview of caseload demands; over afour-year period to present.
^ Overview of caseload revenue; warrants served, reasons returns are
decreasing, and current estimates of such cases as capias pro fine warrants and
bonds.
^ Other costs of case overload; capias pro fine warrants cannot be issued and
payment not received.
^ Administrative Solution; alleviate the disabling stress on the court system.
^ Duties of an Administrative Assistant
^ Cost/ benefit analysis
^ Need for swift action
His conclusion: As the City grows the number of cases will increase. More cases will
place an administrative strain on an overwhelmed court, and result in loss of revenue. The
solution would be to hire an administrative assistant to monitor compliance of judicial
orders and assist municipal court staff.
Council made inquiries about court administration staff, who directly reports to Judge
Padgett, cost of hiring an administrative assistant ($36,000 loaded) and related matters.
Councilmember Agee said she doesn't disagree with the report, but wanted to see more
research done on how other Municipal Court Systems deal with similar situations.
Discussion followed on the current court administration responsibilities, and whether the
department could take on some of the workload. It was determined that the department is
carrying its own workload in the different areas of collection.
Without further discussion, Councilmember Scagliola made a motion, seconded by
Councilmember Fowler to approve establishing the position and responsibilities for
Administrative Assistant for the Municipal Judge. The vote was as follows:
AYES: Councilmembers Fowler, Scagliola and Carpenter
NAY: Councilmember Agee.
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#13 Discussion and action on resolving the residential parking in Arroyo Verde
Subdivision.
City Manager Taylor presented two options for Council consideration.
Option #1: to consider posting of signage at the subdivision entrance, stating no parking
around islands.
Option #2: is to consider posting of signs around the islands, requirement that falls under
the standard TX uniform traffic control manual, 7-feet from the ground level.
Mr. Taylor recommended option #2, and said all islands within the City should fall under
the policy. In order to enforce the parking ban in these areas, the City would need to draft
an ordinance to make the change.
Without further discussion, Councilmember Carpenter made a motion, seconded by
Councilmember Scagliola to approve option #2, posting "no parking" signs at islands
within the Arroyo Verde Subdivision. The vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Agee and Carpenter.
NAY: None.
#14 Discussion and action on FY 2005-2006 mid-year budget adjustments.
City Manager Taylor, following budget review, provided Council with a detailed mid-
yearbudget adjustment request.
Councilmember Carpenter made a motion, seconded my Councilmember Scagliola to
approve FY 2005-2006 mid-year budget adjustments as listed. The vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Agee and Carpenter.
NAY: None.
#15 Discussion and action to appoint members to the Transportation Safety
Advisory Board. (TSAC).
It was reported that TSAC unanimously voted to appoint John Trayhan to replace James
Rose, whose term expires January 2007. TSAC recommends appointment for Council
consideration.
Without further discussion, Councilmember Carpenter made a motion, seconded by
Councilmember Agee to appoint John Trayhan to the Transportation Safety Advisory
Board (TSAC). The vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Agee and Carpenter.
NAY: None.
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#16 Discussion on the Bexar Metro 9-1-1 Network District fiscal year 2007
Proposed Budget.
City Manager Taylor recommends Council disapprove the Bexar Metro 911 proposed
budget, and send Bexar Metro a letter explaining why and suggesting alternatives.
Mr. Taylor explained that the City of Schertz is in the planning stage of replacing the City's
emergency communication system. The equipment cannot keep up with the rising
demands. Staff recommends Schertz join the 800 MHz systems being used by surrounding
cities, and cities in the northeast area. This system can accommodate the City, with some
fine-tuning and improvements in the years to come. The Bexar Metro budget emphasizes
on future planning, and the emergency communication system is a vital project that needs
to be included in the proposed budget.
It was Council consensus to send a letter, a draft of which would be prepared by next
meeting.
#17 Discussion on the EMS write-offs.
Dudley Wait, EMS Director presented a detailed account of write-offs for January 1,
2005 to May 31, 2006. The amounts are listed in three categories:
Accounts referred to Collection Agency in the amount of $567,167.12
Miscellaneous Revenue Adjustments (internal) in the amount of $28,415.56
Contractual Allowable (Medicare; Medicaid; Tricare) in the amount of $543,720.48
Total -$1,139,303.16.
A breakdown of revenues billed for October 1, 2005 to May 31, 2006 of ($1,758,795.00)
and cash collected of ($1,525,386.75) was provided.
Mr. Wait explained that because of a recent change in the City's collection agency, EMS
write-offs haven't been brought forward since August 2005. Having verified accuracy of
transfer procedures the City is prepared to resume its quarterly schedule. Because of the
delay the write-offs were larger than normal.
After a brief discussion by Council covering all categories, Council consensus was to
place the item for consideration at the next meeting.
#18 Items by City Manager Taylor and Staff
General Announcements
Post Office update: plan is to place a doublewide portable building to expand
facility. Have hit a wall in trying to expedite a new Post Office for the City.
LCRA Grant: grant has been denied for a Park area in northern part of the
City.
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^ A four-way stop at Wiederstein Road and IH-35 Frontage Road has been _ _
established.
#19 Items by Council
General Announcements
Councilmember Fowler
^ No comments.
Councilmember Scagliola
^ No comments.
Mayor Pro Tem Wilenchik
^ Not present.
Councilmember Agee
^ No comments.
Councilmember Carpenter
^ Would be on vacation the following week and would miss the next meeting.
#20 Items by Mayor
General Announcements
^ Councilmember Wilenchik is home from the hospital. He plans to continue
on Council until his health declines. He needs all our prayers.
#21 ADJOURNMENT
Mayor Baldwin adjourned the meeting at 8:57 p.m.
Hal Baldwin, Mayor
ATTEST:
Mat Yb ty , eputy City Secretary
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