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ccreg 04-03-01 Schertz City Council - Regular Session Tuesday, April 03, 2001 The Schertz City Council convened in regular session on Tuesday, April 03, 2001 at 7;OOpm in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Hal Baldwin, presiding; Councilmembers Reginna Agee, Ken Greenwald, Joe Potempa, and Glyn Williams. Absent: Councilmember Norma Head. Staff members present were City Manager Dewey Cashwell and City Secretary Norma Althouse. Mayor Baldwin called the meeting to order at 7:00pm and then lead the Council in the Pledge of Allegiance. Mayor Baldwin then introduced a proclamation declaring April Organ and Tissue Donor month. Jeff Miller then spoke on behalf of Vital Alliance. He informed Council of the need for Organ and Tissue Donors. He explained that there are 1200 patients here in San Antonio who are waiting for a transplant of one kind or another, last year they had 114 donors. Mr. Miller informed Council that they are going to be planting a tree in front of the Schertz Police Station on Saturday morning at \0:00am. Everyone from City Council is invited to come. Mr. Miller then thanked the City of Schertz for supporting organ donation and presented Council members with T-shirts from Vital Alliance. Before going to item number one, Mayor Baldwin asked for the head of the Boy Scout organization to state his name and the purpose oftonight's visit. Clinton Hayden stated that he is the leader of troop 512. They are here tonight to work on earning their citizenship badge. #1 Hearing of Residents: George Mower-SOl Brooks Ave. came to speak about hiding information. In Mr. Mower's opinion, the City of Schertz has for the last few years tried to hide when the City Council meetings are going to be held. Mr. Mower stated that the meetings are not posted in the newsletter and sometimes they are not even posted outside the building (on the bulletin board). A1i Pourzadi came to speak about riding ATV's in the Cibolo Creek. Mr. Pourzadi stated that in an article in the Herald newspaper about two weeks ago, it was mentioned it was going to be off limits to ride in the Creek. A Schertz Police Officer told Mr. Pourzadi that they could not be up on top by the park, but if they were in the pits it would be okay. The Universal City police Department told Mr. Pourzadi the same thing. The Universal City police even told Mr. Pourzadi what road to take to get down into the pits to unload the vehicles. Mr. Pourzadi stated that he would like to know if this is going to be enforced and if so, why couldn't he ride an ATV down there. 134 Mr. Cashwell stated that the City of Schertz does own 47 acres of land down there ("the Pits"). There is access from Universal City, but they do not have any jurisdiction on those 47 acres. Mr. Cashwell stated that there is a great liability if anyone were to get hurt while riding in that area, therefore the City has to post a No Trespassing sign for such vehicles. Mr. Cashwell stated that this action by the City is no way intended to make a statement one way or another about riding motorcycles or ATV's. The City is not equipped to handle the kind of activity that is going on there. Mr. Cashwell noted that there have been complaints from neighbors about the noise and the problems occurring as a result of this particular use. There are also plans for this area to be developed into walking trails, hiking trails, and parks and this type of development is not compatible with wheeled vehicles. Mr. Pourzadi asked if there were enough people that petitioned, could they get a permit and ride "at their own risk". Mr. Cashwell stated that he did not know if the City could relieve itself of liability. He also stated that there is still the issue of compatibility. Mr. Cashwell stated that he would have to defer those questions to the City Attorney. Mayor Baldwin stated that most of that property is private property and they would have to get the permission of the property owner to ride in that area. He also stated that if Universal City has property in that area, then Mr. Pourzadi would have to get permission from them. Mr. Cashwell stated that if Mr. Pourzadi needs a better understanding of the demarcation lines he could go to City Hall and get a small map to show exactly where the City of Schertz territory is. #2 Audit Report: Consider and take action approving audit report. Nancy Vaughan stated that the City is in sound financial condition, and there is also a copy of the certificate in Excellence for the Audit of 1999. Mrs. Vaughan then talked a little bit about the general fund. She stated that there was about $225,000.00 more in revenue than was budgeted. Expenditures were about $207,000.00 less than expected. The year-end reserve was $3,074,000.00, which is a very healthy reserve. The water and Sewer operating income was $759,000.00. The water and Sewer net income was $934,000.00. SAFES had a net loss of$18,375.00. Mayor Baldwin stated that the City Audit Committee (Mayor Baldwin, Mr. Cashwell, Mr. Potempa, and Mr. Jain) reviewed the audit. Without further discussion, Mrs. Agee moveq to approve the Audit report as presented. Mr. Potempa seconded the motion. The motion carried with the following votes: 135 AYES: Councilmembers Greenwald, Potempa, Agee, and Williams. NAYS: None #3 Ordinance: Consideration on second and final reading of an Ordinance by the City Council of the City of Schertz, Texas authorizing the issuance of City of Schertz, Texas Utility System Revenue and Refunding Bonds, Series 2001. Mayor Baldwin introduced an Ordinance and read the caption as follows; ORDINANCE NO. Ol-B-12 ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ISSUANCE OF "CITY OF SCHERTZ, TEXAS UTILITY SYSTEM REVENUE AND REFUNDING BONDS, SERIES 2001", PROVIDING FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE BONDS BY A FIRST AND PRIOR LIEN ON AND PLEDGE OF THE NET REVENUES OF THE SYSTEM; PROVIDING THE TERMS AND CONDITIONS OF SUCH BONDS AND RESOLVING OTHER MATTERS INCIDENT AND RELATING TO THE ISSUANCE, PAYMENT, SECURITY, SALE AND DELIVERY OF SUCH BONDS, INCLUDING THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO; AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT, PURCHASE CONTRACT, AND AN ESCROW DEPOSIT LETTER; COMPLYING WITH THE REQUIREMENTS OF THE DEPOSITORY TRUST COMPANY'S LETTER OF REPRESENTATIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Cashwell summarized what the bond issuance would be used for and then turned the floor over to Mark McLiney. Mr. McLiney then introduced Jeff Kuhn to answer any legal questions. Mr. Kuhn noted that the report does indicate that the rating for the City of Schertz is A-. There will not be a review again for a couple of years. Mr. Kuhn informed Council that the Insurance bid was awarded to MBlA at $21,000.00. 136 Final schedule . Par amount of the bond issue was $5,550,000.00. . Cash contribution from the City was $425,000.00. . The primary use of the bonds was to buy Government securities, which was $823,000.00. . Deposit to the construction fund was $5,000,000.00. Debt Service Reserve was $9,000.00 and that was the Surety bond. With that bond, you pay one time and then don't have to put a reserve fund in the future. That reserve fund would be $395,000.00. Rates & maturity schedule . The average borrowing cost for the City was 4.73%. The net interest cost was 4.86%. Savings Report . $\04,000.00 Savings . Cost with borrowing; $660,000.00 . Cost without borrowing $670,000.00 Mayor Baldwin then asked Johnny Bierschwale to explain to the people (in the audience) what the $5,000,000.00 would be used for. Mr. Bierschwale stated that some of the ways that the money would be spent are: 1) new elevated Storage Tanks 2) line improvements and, 3) updating the computer control system. With no further discussion, Mr. Williams moved to approve the authorizing of the issuance of City of Schertz, Texas Utility system Revenue and Refunding Bonds, series 2001. Mr. Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers Greenwald, Potempa, Agee, and Williams. NAYS: None Mr. Cashwell asked how many people are participating in the purchase of the bonds. Mr. McLiney stated that he is not sure, but can get the information and relay it back to Mr. Cashwell. #4 Investment Policy: Consider and take action approvmg City of Schertz Investment Policy. Mr. Potempa stated that the Investment policy would be a good thing for the City of Schertz. 137 Without further discussion Mr. Potempa moved to approve the City of Schertz Investment Policy. Mr. Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers Greenwald, Potempa, Agee, and Williams. NAYS: None #5 Ordinance: Consider and take action on emergency reading of Ordinance regarding traffic regulations at Woodland Oaks Dr. and Woodbridge Way. Mayor Baldwin introduced an Ordinance and read the caption as follows: ORDINANCE NO. 01-0-11 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING SECTION 18-33, ALL-WAY STOPS; PROVIDING A REPEALING CLAUSE; AND DECLARING AN EMERGENCY. Mr. Cashwell explained that this item was brought to the attention of the City by the way of a letter from Mr. and Mrs. Wiseman of 2449 Woodbridge Way. Mr. Cashwell stated that upon inspection, they did feel that it is necessary to have an all-way stop at this intersection. Mr. Cashwell noted that Councilmember Williams pointed out that there is provision within the City Code that does prohibit any obstruction within the visibility triangle. The obstruction is a group of railroad ties (used for berming) on the southwest comer. Mr. Cashwell stated that even if the railroad ties were brought up to code, an all- way stop would still be "pp.vp.;ate at that intersection. Without further discussion, Mrs. Agee moved to approve this Ordinance regarding traffic regulations at Woodland Oaks Dr. and Woodbridge Way and declare it an emergency. Mr. Williams seconded the motion, which carried with the following votes: AYES: Councilmembers Greenwald, Potempa, Agee, and Williams. NAYS: None Mr. Greenwald suggested that a letter of appreciation should be sent to the Wiseman's, thanking them for bringing it to the City's attention. #6 Ordinance: Consider and take action on first reading of Ordinance regarding pilfering/scavenging of waste. Mayor Baldwin introduced an Ordinance and read the caption as follows: 138 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS, CHAPTER 7 Yz, SECTION 47; AND PROVIDING A REPEALING CLAUSE. Mr. Cashwell explained that the City Code only prohibits waste that is recycled goods, but the problem is other types of waste. Mr. Cashwell recornmends language that would more comprehensively address this. Without further discussion, Mr. Williams moved to approve the first reading of an Ordinance regarding pilfering/scavenging of waste. Mr. Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers Greenwald, Potempa, Agee, and Williams. NAYS: None #7 Resolution: consider and take action authorizing certain actions including proceedings in eminent domain. Mayor Baldwin introduced a Resolution and read the caption as follows: RESOLUTION NO. Ol-R-4 RESOLUTION AUTHORIZING CERTAIN ACTIONS INCLUDING PROCEEDINGS IN EMINENT DOMAIN IN CONNECTION WITH THE ACQUISITION OF CERTAIN WATERLINE AND TEMPORARY CONSTRUCTION EASEMENTS IN GONZALES AND GUADALUPE COUNTIES AND RELATED MATTERS. With little discussion, Mr. Greenwald moved to approve the resolution authorizing certain actions including proceedings in eminent domain. Mr. Williams seconded the motion, which carried with the following votes: AYES: Councilmembers Greenwald, Potempa, Agee, and Williams. NAYS: None #8 City Manger's Report: . Demographics relative to Denbrook Texas in regard to Councilmember Norma Head's playscape project. . Letter to the Mayor from State Archeological Landmark/Selma asking for support of restoration ofthe stagecoach property. 139 #9 Adjournment: There being no further business to discuss, Mayor Baldwin adjourned the meeting at 7: 58pm. r/~~ Mayor, City of Schertz, Texas ATTEST: Cit~ty~ 140