03-04-2003 Schertz City Council -Special Session
Tuesday, March 4, 2003
The Schertz City Council will convene in Special Session on Tuesday, March 4, 2003 at
1:30 p.m. in the Police Department Conference, Room, 1404A Schertz Parkway, Schertz,
Texas. The agenda is as follows:
Review of Bid Opening for Certificates of Obligation.
The Schertz City Council did not convene for lack of quorum. However, the bidding took
place. Mr. Mark McLiney was present to explain the bidding process. The bidding would
take place at 1:30 p.m. No action would be taken.
These present were as follows:
Mark Marquez, City Manager
Mark McLiney, Financial Advisory
Chief Friensenhahn, Fire Department
Chief Cantrell, Police Department
Johnny Bierschwale, Asst. City Manager
Councilmember Simonson
Councilmember Douglas
Dudley Wait, EmS Director
Tony Wilson, PlO
Vijay Jain, Finance Director
Norma Althouse, City Secretary
Mary Ybarra, Deputy City Secretary
Robert Brockman, Resident
Gail Douglas, Community Services Director
Mr. Mark McLiney explained the procedures followed by bidders and explained what
information was provided to all.
The bidding started at precisely 1:30 p.m. Nine bids were received over the net and three
bids were received by fax, for a total of 12 bids. Mr. McLiney announced that Harris
Trust and Savings Bank was the lowest bidder coming in at 3.467869. Mr. McLiney
explained the bid wouldn't officially be awarded until Council approval this evening.
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Schertz City Council - Regular Session
Tuesday, March 4, 2003
The Schertz City Council convened in regular session on Tuesday, March 4, 2003 at
7:00pm in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Schertz,
Texas. The following members were present: Mayor Hal Baldwin, presiding, council
members Carl Douglas, Steve Simonson, Reginna Agee, and Ken Greenwald. Absent
was Councilmember Wilenchik. Staff members present were City Manager Mark
Marquez and Deputy City Secretary Mary Ybarra.
Mayor Baldwin welcomed everyone and asked that everyone rise and join him in the
Pledge of Allegiance to the Flag.
At this time, he announced the following were present, Joyce Briscoe bunch (government
students), Schertz Business Association (SBA) representatives and on duty Police
Officer.
#1 Introduction of and comments by Commissioner Tommy Adkisson.
Mayor Baldwin advised that due to illness, Commissioner Adkisson would not be
available to speak, he would be re-scheduled for a later date.
#2 Hearing of Residents:
Anita Clark of the Schertz Business Association introduced Ron Cox, President of the
Association. She then voiced concern relative the Health Ordinance, and at this time
passed out an information packet. She believes the $50 fee for commercial vendors and
or non-profit is high. She definitely doesn't objection to either, permit or charges, it's the
amount. The non-profit she believes may request this fee to be waived. She pointed out
that part of information packet is a copy of contract used by SBA and Amusement
Company (carnival/concessions). As part of the contract, the responsible party for all
licenses and permits fall on the association. At $50 per concession she believes the
association will not see a profit. She then briefed council on the remainder of information
packet on such items as; State temporary food establishment permit fee of $35 and
pointed out nonprofits were exempted. The San Antonio Health District fee structure,
SBA statement of income and expenses from 1998 through 2002 of which 2002 was not a
very good year. The Jubilee vendor sales and income from 2000 to 2002 show the income
figure after 15% deduction that goes back to SBA. Keeping in mind that the income
figure does not include cost of goods for these vendors.
Another issue is health permits, some vendors have outside permits (not Schertz permit),
will they be required to get another permit f~om the City? As it stands now, the
association is responsible for City permit for non-profit organizations (non-profit may
request a waiver). If the association has to pay $50 (per permit), it leaves the association
in quite a bind. She would like council to take another look at the fee structure and
possibly come up with a fair solution for non-profit organizations. The 4~ of July Jubilee
is the City's festival and believes the ordinance will hinder it.
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Mayor Baldwin suggests that possibly SBA needs to take a look their contract structure
for commercial vendors, etc.
In brief discussion, it was pointed out that the Health Inspector needs to make two trips
and $25 per trip isn't unreasonable. It was noted the inspector has a contractual agreement
with the City. Mr. Marquez remarked the main objective is safety and proper handling of
food and insuring proper procedures are followed. Again, Ms. Clark reiterated the
objection is not the permit and charge, it's the amount, in her opinion $50 is too high.
Robert Brockman, 4505 Grand Forrest had the following comments:
· Questioned the use of tokens to wash City vehicles? He was advised that tokens are
used and are available at Fleet Service department who is responsible for maintenance
of vehicles, including washing. The car wash on FM1518 is used and every Friday,
one hour is dedicated to cleaning of City vehicles when weather permits. However,
for past few weeks there hasn't been a dry Friday. Mr. Brockman believes a clean
vehicle gives a good impression of our City and every effort should be given for all
City personnel who is driving a City vehicle to have a clean vehicle.
· Asked who was responsible for water meters. A couple of trucks parked behind City
Hall had loose water meters in the back of pick-ups. He believes city property isn't
being taken care of.
#3 Audit Report: Consider and take action approving audit report of fiscal year
ended September 30, 2002
Nancy Vaughn Auditor stated the City received a clean opinion (financial statements
fairly stated) and noted City received certificate, "Excellence for Financial Reporting" for
the previous auditor of 2001. The City of Schertz has received certificate for the past 14
years.
At this time, she recapped the auditor report and asked if there were any questions.
Mayor Baldwin noted that council has reviewed audit at workshop and with the audit
committee last week. The audit was reviewed very closely, and the audit numbers look
solid. He commended City Manager and City Staff for a job well done.
Councilmember Greenwald moved to approve the audit report as presented by Vaughn &
Associates. Councilmember Simonson seconded the motion, which carried with the
following votes:
AYES: Councllmembers Douglas, Simonson, Agee and Greenwald.
NAY: None.
g4 Bonds
(a) RECEIPT OF BIDS PERTAINING TO THE SALE OF OBLIGATIONS
DESIGNATED AS "CITY OF SCHERTZ, TEXAS COMBINATION TAX AND
LIMITED PLEDGE REVENUE CERTIFICATES OF OBLIGATION, SERIES
2003"; RECEIPT OF FINANCIAL ADVISOR'S RECOMMENDATION
CONCERNING THIS MATTER; AND OTHER MATTERS IN CONNECTION
THEREWITH.
Mark McLiney noted Notice of Intention published in newspaper (published twice), of
which notified citizens of the issuance of $3, 360,000 for various projects. An official
statement placed on website containing all City fiscal information, audits and any
historical information was provided. Information was sent to rating agencies and
insurance companies. He passed out information from Standard & Poors (City's rating
company), where it shows the City has been given A+ rating. The agency was pleased
with thc physical management and that City is taking care of business such as getting off
the Edwards Aquifer.
At this time, he reported that this ai~ernoon (1:30 p.m.) bids were received over the
Imernet and by fax. A total of 12 bids were received, 9 via Interact and 3 by fax. He
pointed out bid locations such as Chicago, New York, and others were received. The City
of Schertz is being recognized and the exposure in the bond market is exceptionally. He
went over the bids at this thne and pointed out that Harris Trust & Savings Bank was the
lowest bidder coming in at 3.467%, and recommends accepting the bid.
In brief discussion, council agreed the interest rate of 3.4% is exceptional and added that
the outcome reflexes the long term commitment and good financial planning. At this
time, Mark Marquez and Council thanked Mr. McLiney for all his time and effort.
(b) CONSIDERATION AND APPROVAL OF AN ORDINANCE AUTHORIZING
THE ISSUANCE OF CITY OF SCHERTZ, TEXAS COMBINATION TAX AND
LIMITED PLEDGE REVENUE CEERTIFICATES OF OBLIGATION, SERIES
2003"; PROVIDING FOR THE PAYMENT OF SAID CERTIFICATES BY THE
LEVY OF AN AD VALOREM TAX UPON ALL TAXABLE PROPERTY
WITHIN THE CITY AND FURTHER SECURING SAID CERTIFICATES BY A
LIEN ON AND PLEDGE OF THE PLEDGED REVENUES OF THE SYSTEM;
PROVIDING THE TERMS AND CONDITIONS OF SAID CERTIFICATES AND
RESOLVING OTHER MATTERS INCIDENT AND RELATING TO TIlE
ISSUANCE OF PAYMENT, SECURITY, SALE, AND DELIVERY OF SAID
CERTIFICATES, INCLUDING THE APPROVAL AND DISTRIBUTION OF AN
OFFICIAL STATEMENT; AUTHORIZING THE EXECUTION OF A PAYING
AGENTfREGISTRAR AGREEMENT; COMPLYING WITH TIlE
REQUIREMENTS OF TIlE LETTER OF REPRESENTATIONS WITH TIlE
DEPOSITORY TRUST COMPANY; AND PROVIDING AN EFFECTIVE DATE.
Mayor Baldwin introduced and ordinance and read the caption as follows:
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ORDINANCE NO. 03-B~08
AN ORDIANCE AUTHORIIZING THE ISSUANCE OF *'CITY OF SCHERTZ,
TEXAS COMBINATION TAX AND LIMITED PLEDGE REVENUE
CERTIFICATES OF OBLIGATION, SERIES 2003"; PROVIDING FOR THE
PAYMENT OF SAID CERTIFICATES BY THE LEVEY OF AN AD VALOREM
TAX UPON ALL TAXABLE PROPERTY WITHIN THE CITY AND FURTHER
SECURING SAID CERTIFICATES BY A LIEN ON AND PLEDGE OF THE
PLEDGED REVENUES OF THE SYSTEM; PROVIDING THE TERMS AND
CONDITIONS OF SAID CERTIFICATES AND RESOLVING OTHER MATTER
INCIDENT AND RELATING TO THE ISSUANCE, PAYMENT, SECURITY,
SALE, AND DELIVERY OF SAID CERTIFICATES, INCLUDING THE
APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT;
AUTHORIZING TH EXECUTION OF A PAYING AGENT/REGISTRAR
AGREEMENT; COMPLYING WITH THE REQUIREMENTS OF THE LETTER
OF REPRESENTATIONS WITH THE DEPOSITORY TRUST COMPANY; AND
PROVIDING AN EFFECTIVE DATE.
Councilmember Greenwald moved to approve the issuance of Texas Combination Tax
and Limited Pledge Revenue Certificate of Obligation, Series, 2003 to Harris Trust and
Saving Bank. Councilmember Simonson seconded the motion, which carried with the
following votes:
AYES: Councilmembers Douglas, Simonson, Agee and Greenwald.
NAY: None.
#5 PUBLIC HEARING: To receive citizen comments on proposed changes
to Unified Development Code, Article XI, Platting.
Mayor Baldwin explained the procedures to be followed for the public hearing.
Mr. Marquez remarked the City has a Unified Development Code, which has been
established by ordinance. This ordinance governs the building codes throughout the City,
and changes require a public hearing giving public an opportunity for input. The nature of
changes relate to two major factors, ADA sidewalk requirement from 4' wide to 5' and
cul-de-sac radius of 100' diameter (all new subdivision development) of which is a safety
issue.
Robert Brockman of 4505 Grand Forest remarked he would like to make it known (for
purpose of students) that an agenda packet is available at the front desk for review, and
copy of the UDC is available at the library.
There being no further questions or comments, Mayor Baldwin closed the public hearing.
#6 ORDINANCE: Consider and take action on first reading of Ordinance
regarding proposed changes to Unified Development Code, Article XI, Platting.
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Councilmember Agee moved to approve the first reading of Ordinance regarding
proposed changes to Unified Development Code, Article XI, Platting. Councilmember
Simonson seconded the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee and Greenwald.
NAY: None.
#7 ORDINANCE: Consider and take action on final reading of Health
Ordinance.
Mayor Baldwin introduced and ordinance and read the caption as follows:
ORDINANCE NO. 03-1t-09
AN ORDINANCE BY TIlE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS PROVIDING THAT TIlE CODE OF ORDINANCES, CITY OF
SCHERTZ, TEXAS, CIlAPTER 7 1/2, 11EALTIt BE AMENDED BY
DELETING CIlAPTER 7 1/2, HEALTH, AND REPLACNING SAME WITH A
REVISED CHAPTER 7 1/2, HEALTH; PROVIDING A PENALTY CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Mr. Marquez pointed out ordinance not only reviews fee structure (to cover City's cost)
but also takes into account accommodations of non-profits such as school activities, etc.
The ordinance will enforce all health issues relative to food handling. Ordinance has been
re-written and all other ordinances have been repealed. He noted that Exhibit 1 (fee
schedule), if changes were to occur would not need an Ordinance change.
Councilmember Simonson moved to approve the Health ordinance as presented.
Councilmember Agee seconded the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, and Greenwald.
NAY: None.
#8 UNCOLLECTIBLE ACCOUNTS: Consider and take action
regarding EMS uncollectible accounts.
Mr. Marquez gave brief explanation on issues relative to uncollectible accounts. Some
accounts over the course of years are found to be uncollectible for such reasons as NSF
checks, trying to find people, etc. In addition, fees that are automatically waived by
Federal governmem through Medicare/Medicaid are also included. The amount of
$311,326.28 will be written-off the books formally (to clean up books), but that doesn't
mean efforts to collect fees will discontinue. He reminded council these are uncollectibles
from the year 2001, and a large percentage comes from Medicare/Medicaid, which the
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City has no control. It was pointed out that because of this, fees wLll have to increase in
the future simply because City's can't afford to continue writing-off fees, causing
contributions to rise.
Councilmember Greenwald moved to approve the recommendation to write-off EMS
uncollectibles in the amount of $311,326.28. Councilmember Agee seconded the motion,
which carried with the following votes:
AYES: Councilmembers Doughs, Simonson, Agee, and Greenwald.
NAY: None.
#9 Discussion and possible action on awarding bid for materials on proposed
waterline IH-10 and FM 1518.
Mr. Marquez noted that the bid is a completion of ongoing Water project. It is a looping
(system) of waterline on FM1518 to IH10. It's running a 12" water main to Pfiel Road
that would continue to IH10. The bid only consists of materials. Plan is to go out for bids
for contractors, if bid comes in lower than what the City can do and depending on the
City's workload, council more likely will see that bid come forward for consideratiom
Councilmember Agee moved to award bid for materials on proposed waterline IH10 and
FM1518 to ACT Pipe & Supply in the amount of $178,168.70. Councilmember
Greenwald seconded the motion, which carried with the following votes:
AYES: Councilmembers Doughs, Simonson, Agee, and Greenwald.
NAY: None.
#10 ELECTION CONTRACT: Consider and take action approving contract
with J. R. Peroz, Guadalupe County Elections, Administrator, to conduct City
General Election for May 3, 2003.
Mr. Marquez stated this is a standard contract used over the course of several years. He
noted decrease on contract cost from election held February 1st. Apparently, because the
City held an election the cost decreased, and also, not using paper ballots. Mr. Perez has
done a good job over the years and recommends approval.
Councilmember Greenwald moved to approve contract with J.IL Perez, Guadalupe
County Elections Administrator to conduct City Election for May 3, 2003.
Councilmember Simonson seconded the motion, which carried with the following votes:
AYES: Councilmembers Doughs, Simonson, Agee, and Greenwald.
NAY: None.
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#11 Discussion and possible action on approval of expenditures to construct
Wells #7 and #8.
Mr. Marquez gave a brief history on corporate formed by Schertz and Segu~ The two
cities formed Seguin/Schertz Local Government Corporate (SSLGC) that funded water
pipeline, (6) water wells, roads, etc. The corporate has permits for wells 7 & 8, with cost
estimates. Approval from both city councils on additional expenditure is necessary. The
corporate doesnt have funds to cover this type expenditure. Both cities' end up sharing
equally on additional expenditures (wells) for benefit of corporate comprised of both
cities. The cities are expected to see returns on investment in the near future. These wells
are necessary and would expand on production capacity.
He went on to say that both wells have been approved by Board of Directors of (SSLGC),
however, approval is contingent upon receiving approval from both cities and extension
(30 days) of permit by Gonzales County Underground Water District. We don't anticipate
having any problem receiving the extension. In conclusion, he noted expenditure has
been budgeted and was part of budget packet approved by council.
Councilmember Greenwald moved to approve expenditure of $900,000 for construction
of wells 7 & 8 for the Seguin Schertz Local Government Corporatior~ Councilmember
Simonson seconded the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, and Greenwald.
NAY: None.
At this time, Mayor Baldwin advised moving item #15 Executive Session as next on the
agenda. Council took a five-minute break and moved into Executive Session at 7:55 p.n~
#15 EXECUTIVE SESSION: Called under Chapter 551, Texas Government
Code, Sub-Section 551.071, Consultation with attorney on pending or contemplated
litigation.
An Executive Session was held from 7:55 p.rca to until 9:27 p.n~
Mayor Baldwin re-convened and called the meeting to order.
#12 Items by City Manager
General Announcements
· Reminded council of the Legislative Council Meeting scheduled for 21~ March.
Please advise if council has any interest in attending.
· Reported on proposed date of Saturday, 22aa March for Big Splash. He would like
council consideration for this date and also date is contingent upon confirmation from
key attendee who he is trying to contact. The event will be at the same location and
same time as before.
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#13 Items by Council
General Announcements
Councilmember Douglas
Liaison EDC
· Commented that report provided by Ct~ef Cantrell was very informative.
Councilmember Simonson
4-B Board
Liaison BVYA
Councilmember Simonson had no commems.
Councilmember Agee
4-B Board
Liaison Schertz Housing Authority
Liaison Schertz Library Board
· Reported on attending Library Board Meeting where she was advised of 27% increase
on numbers (checkout) over the same time of last year.
· Also, the Library is working on 25th anniversary coming up in June.
Councilmember Wilenehik
4-B Board
Liaison Schertz Humane Society
Liaison HOA Coalition
Councilmember was not present.
Councilmember Greenwald
4-B Board
Ex-officio P & Z Commission
Ex-officio SSLG Corp.
· Commented he gave everyone a copy of an article from the Times Guardian, in
Canyon Lake relative ETJ, annexation and roads.
· He apologized not having agenda, and minutes from the SSLGC, will have next time.
#14 Items by Mayor
General Annotmcements
Mayor had no comments.
#16 Action, if any, on above Executive Session.
No action was taken.
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#17 ADJOURNMENT
There being no furtber business to discuss, Mayor Baldwin adjour cd the meeting at 9:35
p.m.
ATTEST:
Deputy Cit~.Se~etary, City of Schertz, Texas
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