ccrg 05-03-2005
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COUNCIL - REGULAR SESSION
TUESDAY, May 3, 200S
The Schertz City Council convened in regular session on Tuesday, May 3, 2005 at
7:00 pm in the Mnnicipal Complex Council Chambers, 1400 Schertz Parkway,
Schertz, Texas. The following members were present: Mayor Hal Baldwin
presiding, Council members Carl Douglas, Reginna Agee, Tony Wilenchik and Ken
Greenwald. Absent was Council member Simonson. Interim City Manager John
Bierschwale and Deputy City Secretary Mary Ybarra.
Mayor Baldwin welcomed everyone and called the meeting to order at 7:00 pm, and
asked everyone to rise and join him in the Pledge of Allegiance to the Flag.
Mayor Baldwin acknowledged candidates for Council Places 3,4, & 5 were present.
Candidates were given the opportunity to introduce themselves, and to say a few words.
Those present were James MacSorley Place 3, David Scagliola Place 4, and Michael
Carpenter Place 5. Also, each incumbent member of Council was given the opportunity
to speak.
At this time, Mayor Baldwin anoounced there would be a reception for new City
Manager, Don Taylor-May 16,2005 from 5 pm to 7 pm. everyone is welcomed to attend.
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#1 PROCLAMATION
Mayor Baldwin read proclamation proclaiming the week of May 15-21, 2005 as National
Public Works Week. Sam Willoughby, Public Works Director accepted the proclamation
for the Department.
#2 HEARING OF RESIDENTS
Rita DUDrat-Waldo, Relay of Life Logistics Chainnan gave an update on relay held at
Pickrell Park, April 29-30. Amount raised this relay was $37,000+. Team Schertz raised
$5,719+ with an overall total for the last (3) three years event has been held is Schertz is
$115,000. A report on the amount of laps walked at the relay was given. She went on to
say, that overall the relay was a great success, even though the weather was a factor. The
City is looking forward to next year being bigger and better.
Robert Brockman, 1000 Elbel Road made the following:
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· Referred to empty parking spaces up front. He was advised Council is parking at
the rear of the building.
. Inquired on moratorium issue-advised he had spoken to Mr. Shelby, owner oflots
in the Live Oak area) and asked what was the progress? He was advised the issue
is very complex and it's on going. He was asked to have Mr. Shelby contact the
City Attorney on the issue.
. Referred to Library Board meeting last evening and discussion of grant money
received by the City of Uvalde. It might be beneficial for the City to contact the
City ofUvalde and inquire on requirements needed to apply for grant money.
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Jennifer Fournier. 5013 Castle Hill spoke on the recently adopted Ordinance 05-D-14, .
no parking signage along Castle Hill Dr.
. Is an eye sore;
· Recommends amending the Ordinance to move signs on other side of driveway,
which would place signs in between homes, which would not become a safety
issue;
. Suggests amending to allow only no parking on one side of the street.
· Inquired why this particu1ar curve, because there are similar curves throughout
the subdivision;
. Stated the signage is causing speeding from opposite direction.
Ms. Fournier was advised to contact the NorthcIiffe HOA and inquire on the matter; also
she was advised on procedures to follow up on the matter.
#3 APPROVAL OF MINUTES: Special Session-April 13, 200S
Council member Douglas moved to approve the minutes of Special Session, April 13,
2005. Council member Wilenchik seconded the motion, which carried with the following
votes:
AYES: Councilmembers Douglas, Agee, Wilenchik and Greenwald.
NAYS: None.
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#4 RESOLUTION: Consideration and approval of a bond resolution adopted
by the Board of Directors of the Schertz/Segnin Local Government Corporation
anthorizing the issuance of obligations designated as "Schertz/Seguin Local
Government Corporation contract revenue refunding bonds, series 200S",
acknowledging that these obligations were sold to the first Southwest Company, 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 Segnin, Texas, and the Schertz/Seguin Local Government Corporation;
authorizing the Mayor, City Secretary, and the Interim City Manager of the City of
Schertz, Texas to execute on behalf of the City of Schertz, Texas all docnments in
connection with this transaction; and other matters in connection therewith.
Mayor Baldwin introduced a Resolution and read the caption as follows:
RESOLUTION NO. OS-R-08
Consideration and approval of a bond resolution adopted by the Board of
Directors of the Schertz/Segnin Local Government Corporation anthorizing
the issnance of obligations designated as "Schertz/Seguin Local Government
Corporation contract revenue refunding bonds, series 200S", acknowledging
that these obligations were sold to the first Southwest Company, as the
authorized representative of a group of underwriters pursnant to the
provisions of a pnrchase contract; ratifying, reconfirming and readopting the
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provisions of a regional water supply contract executed betwecn the City of
Schertz, Texas, the City of Segnin, Texas, and the Schertz/Seguin Local
Government Corporation; authorizing the Mayor, City Secretary, and the
Interim 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.
Mr. McLiney of Southwest Securities explained the Resolution related to the Revenue
Refunding Bond, Series 2005; explained the summary provided for Council and gave
details on savings; net result being $40,000 of which each City would get half (reduction
of payments). He indicated the Corporation took action to proceed; however it takes each
City's approval to actually sell the Corporation bonds. He mentioned, that Seguin
Council earlier this evening was still debating the issue, and added that Council is still in
session and will update on the decision as soon as he receives phone call.
He went on to say that he recommends proceeding and hopefully before the end of the
meeting will have answer on the Seguin Council decision.
There was no further discussion, Council member Greenwald moved to approve the Bond
Resolution as presented. Council member Douglas seconded the motion, which followed
with the following votes:
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AYES: Councihnembers Douglas, Agee, Wilenchik and Greenwald
NAY: None.
At this time, Mayor Baldwin moved to item #8, giving Mr. McLiney the opportunity to
call Seguin for an update on Council decision.
#8 APPOINTMENT: Consider and take action on appointment of City
Prosecutor for legal services.
Mayor Baldwin asked for any comment or discussion on the appointment of the City
Prosecutor. There was none.
Council member Wilenchik moved to approve the appointment of Darrell S. Dulling as
City Prosecutor. Council member Greenwald seconded the motion, which carried with
the following votes:
AYES: Councihnembers Douglas, Agee, Wilenchik and Greenwald.
NAY: None.
At this time, Mr. McLiney reported that the item failed the first time and Council is in
conference negotiation, and hopefully the item would come back to Council shortly. Will
keep Council posted.
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Mayor Baldwin continued with the next agenda item.
#5 ORDINANCE: Consideration and approval of an Ordinance authorizing the
issuance of "City of Schertz, Texas combination tax and subordinate lien revenue
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certificates of obligation, series 2005"; providing for the payment of said certificates
by the levy of an ad valorem tax upon aU taxable property within the City and .
further securing said certificates by a snbordinate and inferior lien on and pledge of
the net revenues of the system; providing the terms and conditions of said
certificates and resolving other matters incident and relating to the issuance,
payment, seeurity, sale, and delivery ofsaid certificates, inclnding the approval and
distribution of an official statement; authorizing the execution of a paying
agent/registrar agreement and a purchase contract; complying with the
requirements of the letter of representations with the depository trust company; and
providing an effeetive date.
Mayor Baldwin introduced an Ordinance a read the caption as follows:
ORDINANCE NO. OS-B-18
Consideration and approval of an Ordinance authorizing the issuance of
"City of Schertz, Texas combination tax and subordinate lien revenue
certificates of obligation, series 2005"; providing for the payment of said
certificates by the levy of an ad valorem tax upon all taxable property within
the City and further seeuring said certificates by a subordinate and inferior
lien on and pledge of the net revenues of the system; providing the terms and
conditions of said certificates and resolving other matters incident and
relating to the issuance, payment, security, sale, and dclivery of said
certificates, including the approval and distribution of an official statement;
authorizing the exeeution of a paying agent/registrar agreement aud a
purchase contract; complying with the requirements of the letter of
representations with the depository trust company; and providing an
effective date.
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Mr. Mark McLiney stated he was pleased to report the City of Schertz has been upgraded
to AA- Standard & Poor's rating. The City deserves the credit, because this type of ratiog
is not handed out very easily.
At this time, he explained the handout relating to the final sale results (Utility System
Debt Obligations).
Interim City Manager Bierschwale explained how the money would be utilized (selling of
bonds); construction of one million gallon elevated storage tank on Live Oak Road with
total construction cost of $3.2 million.
Without further discussion, Council member Greenwald moved to approve the Ordinance
authorizing the issuance of City of Schertz, Texas combination tax and subordinate lien
revenue certificates of obligation, series 2005. Council member Agee seconded the
motion, which carried with the following votes:
AYES: Councilmembers Douglas, Agee, Wilenchik and Greenwald
NAY: None.
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#6 PUBLIC HEARING: To receive citizen comments regarding a request from
JMLG Holdings, Ltd to rezone 61.295:1: acres from Pre-Development District (PD),
General Business (GB) and Apartment/Multi-Family Residential (R-4) to Single-Family
Residential R-7).
Mayor Baldwin explained the procedures to be followed at Public Hearing.
At this time, Mayor Baldwin excused himself and turned the meeting over to Mayor Pro-
tern Agee.
Ms. Misty Nichols Planning Tech explained the rezoning issue of 61.295:1: acres and
covered the current zoning and proposed rezoning to Single-Family Residential District-7
(R-7).
Council member Agee inquired on how many letters were sent to property owners. She
was advised that 29 letters were sent out; two received in favor and two in opposition. It
was pointed out that one of the property owners (in opposition) did not understand the
rezoning issue. He stated concern of zoning becoming Multi-Family District, when in fact
the current zoning is Multi-Family. If the individual were aware of the correct zoning it is
believed he would be in favor of the rezoning.
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Steve Bish. Castle Hill Drive inquired on drainage ditch at rear of his property. Half of it
is cracked; not paved and have called in to have some one mow the area. Will the zoning
affect the area as well? He was advised that the developer would be responsible for
complying with FEMA requirements and City requirements as well.
Robert Brockman. Elbel Road voiced concern relative to the number ofletters sent out
and the number of responses (four) that were received. Does the letter have the correct
wording? He was advised the letter is self-explanatory and easy to understand. It might
be possible that individuals aren't taking the time to read the letter.
Jennifer Fournier. 5013 Castle Hill voiced concern relative to would the development
having it's own entrance. Will it have one off of FMl103 or share with Northcliffe
entrance? She was advised the development would have it's own entrance. She was
advised that concerns such as platting issues could be addressed at Planning & Zoning
meetings and agenda's would be posted at City Hall and also on the City website.
There being no further comments, Mayor Pro-tern Agee closed the Public Hearing.
#7 ORDINANCE: Consider and take action on first reading of Ordinance
rezoning 61.295 acres from Pre-Development District (PD, General Business (GB)
and ApartmentlMultilFamily Residential (R-4) to Single- Family Residential (R-7).
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Council member Greenwald moved to approve first reading of Ordinance rezoning
61.295 acres from Pre-Development District (pD, General Business (00) and
Apartment/MultilFamily Residential (R-4) to Single- Family Residential (R-7). Council
member Douglas seconded the motion, which carried with the following votes:
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AYES: Councilmembers Douglas, Agee, Wilenchik and Greenwald
NAY: None.
#9 ORDINANCE: Consider and take action on final reading repealing Ordinance
No. 05-C-04 relating to Fire Department and establishing a new Ordinance.
A brief explanation was given relative to the new Fire Ordinance and Mayor Pro-tem
Agee introduced the Ordinance and read the caption as follows:
ORDINANCE NO. OS-C-19
AN ORDINANCE OF mE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS, REPEALING ORDINANCE NUMBER 05-C-04, AND
ESTABLISHING NEW ORDINANCE FOR CHAPTER 7, OF THE CODE
OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS, RELATING
TO THE FIRE DEPARTMENT, REPEALING CONFLICTING
ORDINANCES AND RESOLUTIONS; ADDING PROVISIONS FOR FEES
FOR NON RESIDENTIAL FIRE PROTECTION SERVICES AND FIRE
OPERATIONS; ADDING PROVISIONS FOR FINES FOR VIOLATIONS
OF CERTAIN PROVISIONS OF THE CODE; INCLUDING A
SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND
ESTABLISHING AN EFFECTIVE DATE.
Council member Wilenchik moved to approve repealing Ordinance OS-C-04, and
establish new Fire Department Ordinance. Council member Greenwald seconded the
motion, which carried with the following votes:
AYES: Councilmembers Douglas, Agee, Wilenchik and Greenwald.
NAY: None.
#10 Consider and take action on approval of the following for tbe annual 4th of
Jnly Jubilee:
(a) Variance request to extend closing hours of Pickrell Park;
(b) Resolution regarding alcohol consumption for the 3cd and 4th of July; and
(c) Contract between the City of Schertz and the Schertz Business Association.
a. Variance request to extend closing hours of Pickrell Park.
Council member Douglas moved to approve the variance request to extend closing hours
of Pickrell Park. Council member Greenwald seconded the motion, which carried with
the following votes:
AYES: Councilmembers Douglas, Agee, Wilenchik and Greenwald.
NAY: None.
b. Resolution regarding alcobol consnmption for the 3'" and 4th of July.
A Resolution was introduced and caption was read as follows:
25"2.-
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RESOLUTION NO. 05-R-09
A Resolution by the City Couucil of the City of Schertz, Texas designating a
particular area and particular dates for which alcoholic beverages may be
brought into or removed from Pickrell Park.
Council member Greenwald moved to approve the resolution designated a particular area
and particular dates for which alcoholic beverages may be brought into or removed from
Pickrell Park. Council member Douglas seconded the motion, which carried with the
following votes:
AYES: Councilmembers Douglas, Agee, Wilenchik and Greenwald.
NAY: None.
c. Contract between City of Schertz and the Schertz BusinessAssociation.
Council member Wtlenchik moved to approve the contract between City of Schertz and
the Schertz Business Association.
#11 ORDINANCE: Consider and take action on first reading of Ordinance
regarding Tax Abatement and Tax Abatement Agreement for and with Valero
Diamond, L.P.
After. a brief discussion, Council member Douglas moved to approve first reading of
Ordinance regarding Tax Abatement and Tax Abatement Agreement for and with Valero
Diamond, L.P. Council member Greenwald seconded the motion, which carried with the
following votes:
AYES: Councilmember Douglas, Agee, and Greenwald.
OPPOSED: Council member Wtlenchik.
#12 ORDINANCE: Consider and take action on first reading of Ordinance
regarding Tax Abatement and Tax Abatement Agreement for and with Atlee
Schertz, Ltd.
Council member Douglas moved to approve first reading of Ordinance regarding Tax
Abatement and Tax Abatement Agreement with Atlee Schertz, Ltd. Council member
Greenwald seconded the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Agee, Wilenchik and Greenwald
NAY: None.
#13 ORDINANCE: Consider and take action on first reading of Ordinance
repealing Tax Abatement 04-T-36 and Tax Abatement Agreement for and with
Safeguard Security Services, Ltd. and establishing a new Tax Abatement Ordinance
and Tax Abatement Agreement for and with Realtex Holdings, 3009 L.P.
Council member Douglas moved to approve first reading of Ordinance repealing Tax
Abatement 04- T -36 and Tax Abatement Agreement for and with Safeguard Security
t.!r3
Services, Ltd. and establishing a new Tax Abatement Ordinance and Tax Abatement
Agreement for and with Realtex Holdings, 3009 L.P. Council member Greenwald .
seconded the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Agee, Wilenchik and Greenwald
NAY: None.
#14 Consider and take action to take from the table (tabled 4-S-0S) action on
Resolntion adopting a new city seal.
Council member Wilenchik moved to take from the table action on Resolution adopting
new seal that was tabled AprilS, 2005. Council member Greenwald seconded the motion,
which carried with the following votes:
AYES: Councilmembers Douglas, Agee, Wilenchik and Greenwald
NAY: None.
#15 RESOLUTION: Consider and take action on Resolution adopting a new city
seal.
Council regarding the new City seal held a brief discussion.
Without further discussion, Council member Greenwald moved to adopt the new city
seal. Council member Wilenchik seconded the motion, which carried with the following
votes:
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AYES: Councilmembers Douglas, Agee, Wilenchik and Greenwald
NAY: None.
#16 RESOLUTION: Consider and take action on Resolntion approving land use
agreements with Betty L. Tate and Timothy A. Tate.
A brief discussion was held regarding negotiation with the Tate family and the term
agreement reached by the family and the City. It was pointed out the agreement between
Mrs. Tate and Mr. Tate allows the continued existence of single residence structure on
each property. Both Mrs. Tate and Mr_ Tate are satisfied with the terms. Approval is
recommended.
A resolution was introduced and the caption was read as follows:
RESOULTION NO. OS-R-ll
A Resolntion by the City Conncil of the City of Schertz, Texas approving
land use agreement with Betty L. Tate and Timothy A. Tate; and other
maters in connection therewith.
Council member Douglas moved to approve Resolution approving land use agreements .
with Betty L. Tate and Timothy A. Tate. Council member Greenwald seconded the
motion, which carried with the following votes:
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AYES: Councilmembers Douglas, Agee, Wilenchik and Greenwald
NAY: None.
#17 Items by Interim City Manager
General Announcements
. Announced he would be out of town, Wednesday through Friday, and Dudly
Wait, EMS Director would be acting City Manager in his absences.
#18 Items by Council
General Announcements
Conncil member Douglas
Liaison- EDC
Liaison- Schertz Library Board
· Inquired on status of U-turn signage at Ripps-Kreusler. He was advised the issue
is still being worked with TXDot.
. Reported attending Library Board last evening where a proposal from architect
was introduced relative to preparing visual, rendering, and a library study for the
sum of $5, 000. He would like to place this item on next week workshop agenda
for discussion on possible monetary assistance (half the cost) from the City.
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Council member Simonson
Liaison-BVY A
. Absent
Mayor Pro- Tem Agee
Liaison Schertz Housing Authority
Liaison Guadalupe County
Children's Advocacy Center
. Mentioned she would be out of town the 10th _13th of May.
. Inquired on stop signs at Wiederstein access Road 1FM3009. She was advised
the issue is being worked on.
Council Member Wilenchik
4-B Board
Liaison - Schertz Humane Society
Liaison - HOA Coalition
Ex-officio - TSAC
Investment Advisor
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· Reported on Doggy Dash Event and stated that 59 walkers have pre-
registered. Advertising and placing flyers are falling behind. So, far $4,000
has been collected.
2.s5:
. Would be out of town, the 11th _14th and possibly the 15th of May.
Councilmember Greenwald
4-B Board
Ex-officio P&Z Commission
Ex-officio - S/SLGC
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· Provided documents from the last meeting of the SSLGC.
#19 Items by Mayor
General Announcements
. Mayor Baldwin briefed Council on the outcome of the Seguin City Council
and the passage of the issuances of the bonds.
At this time, Council took a five-minute break before going into Executive Session held
in Conference Room across the hall.
#20 EXECUTIVE SESSION: Called under Chapter 551, Texas Government
Code, Section 551.071, Consultation with Attorney: settlement offer, and
Section 551.074: Personnel Matters: Appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of the City Secretary.
An Executive Session was held from 8:25 to 9:30 pm.
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#21 Action, if any on the subject of the above Executive Session.
Section 551.071,
Council member WlIenchik moved to accept the terms provided in the mutual settlement
and release agreement in #SA02CAI064FB, U.S.D.C. Western District of Texas -Schertz
Area Facility for Emergency Services Incorporated vs. City of Schertz and authorize the
Interim City Manager to execute all necessary documents that affect the agreement.
Council member Agee seconded the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Agee, Wilenchik and Greenwald
NAY: None.
Section 551.074,
Council member Greenwald moved to accept City Secretary, Norma Althouse's standing
retirement request and request that Interim City Manager proceed with the update of the
City Secretary job description in coordination with the City Attorney. Council member
Agee seconded the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Agee, Wilenchik and Greenwald
NAY: None.
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#22 ADJOURNMENT
. There being no further business to discuss, Mayor Balwin adjourned the meeting of9:35
pm.
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ATTEST:
, City of Schertz, Texas
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