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ccreg 08-07-01 Schertz City Council- Regular Session Tuesday, August 7, 2001 The Schertz City Council convened in Regular session on Tuesday, August 7, 2001 at 7:00pm in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Schertz, Texas. Those present were: Mayor Hal Baldwin, presiding; Councilmembers Reginna Agee, Ken Greenwald, Norma Head, Billy Pitts, and Tim Swinney. Mayor Baldwin called the meeting to order at 7:00pm and then asked everyone to rise and join him in the Pledge of Allegiance. #1 Hearing of Residents: George Mower - Taxes- Commented the City is getting very close to a 20% tax boost this year on property. He thinks that they should slow down a little bit on what they are spending. #2 Consider and take action regarding award of bid for Municipal Court Software. Mr. Cashwell explained that the hardware and software has been purchased and that they paid 50% of the price and the rest will be paid over a period of four years or less, depending on how fast the money comes in. Without further discussion, Mr. Greenwald moved to approve the award for the Municipal Court Software bid to InCode Mr. Swinney seconded the motion, which carried with the following votes: AYES: Councilmembers Agee, Greenwald, Head, Pitts, and Swinney NAYS: None #3 Ordinance: Consider and take action on final reading of an Ordinance authorizing the issuance of "City of Schertz, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2001", 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 lien on and pledge of the pledge 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 delivery of said certificates, including the approval and distribution of an official statement; authorizing the execution of a paying agent/registrar agreement; complying with the requirements imposed by the letter of representations previously executed with the depository trust company; and providing an effective date. Mayor Baldwin introduced an ordinance and read the caption as follows: 236 ORDINANCE NO. 01-B-16 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"; PROVINDlNG 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 AGENTIREGISTRAR 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 stated that this is the time to consider and take action on the final reading of this ordinance, and to authorize issuance of the bonds necessary for the Schertz Parkway Project. Mr. McLiney explained that the bids were opened today. They had projected 5.15% on the budgeting. The winning bid was 4.85% made by Morgan Stanley Dean Witter, subject to City Council's approval. Mr. McLiney stated it was projected to take 6.26 cents total debt service tax rate to cover existing tax debt and this debt at the higher interest rate. Based on these lower interest rates, it can come down to 6.09 cents. Council asked if the bonds could be sold as a City versus as a TIP. Mr. McLiney explained that when the project started, the idea was to do it through TIP district, but to participate with the school and with the County. The school pulled out because they were going to be penalized by the state funding mechanism if they participated. The County also pulled out for reasons of their own. It is City property within TIP district and is a City project that benefits all the citizens and meets all requirements. Without further discussion, Mr. Greenwald moved to approve the final reading of the ordinance written above. Mr. Swinney seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Pitts, Agee, Swinney, and Greenwald NAYS: None 237 #4 Authorize street improvements in Deer Haven Subdivision, including removal of five trees in the right-of-way areas. Mr. Cashwell explained that the Council has had time to consider whether or not the removal of the trees is necessary. It is asked that tonight the Council approve the removal of the trees and thus a number of hazards in the right-of-way it will be an important improvement to the neighborhood. Without further discussion, Mrs. Head moved to appwle the request for the removal of five trees for improvement in the Deer Haven Subdivision. Mr. Pitts seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Pitts, Agee, Swinney, and Greenwald NAYS: None #5 Setting of public hearing date: Discussion and consideration of action to set a public hearing date regarding rezoning of property along FM3009 between Elbel Road and FM78. Buck Benson (attorney for owner of property) explained that his client is working on a plan to try and alleviate some of the concern by Council on the traffic issue. Mr. Benson also commented on the concern about having an apartment building so close to the railroad tracks. He advised Council that they are working out ways to create a larger berm along that area, as well as distancing the apartments back and shifting the layout to the other side as much as possible. It was noted that this is not the final design, this is just a concept. Council asked ifthe drainage would be open or closed. Mr. Benson answered it would be open drainage. Mrs. Head asked about the parcel across the street. Mr. Benson indicated they are very interested in putting a post office there. Mr. Cashwell stated that a new postal facility is being planned for the city of Schertz. The facility would be at least 8,600 square feet and would require between 3-5 acres. Mayor Baldwin suggested the hearing date be set for August 29th. Without further discussion, Mr. Pitts moved to set a public hearing date on August 29th for consideration and discussion of rezoning of property along FM3009 between Elbel Road and FM78. Mrs. Head seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Pitts, Agee, Swinney, and Greenwald NAYS: None 238 #6 Ordinance: Consider and take action on final reading of Ordinance regarding Stop Intersections. Mayor Baldwin introduced an ordinance and read the caption as follows: ORDINANCE NO. 01-D-17 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING SECTION 18-32, STOP INTERSECTIONS; AND PROVIDING A REPEALING CLAUSE. Without further discussion, Mr. Greenwald moved to approve the final reading of Ordinance regarding Stop Intersections. Mr. Pitts seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Pitts, Agee, Swinney, and Greenwald NAYS: None #7 Resolution: Consider and take action authorizing the filing of application by the Schertz Public Library for a grant to purchase additional computers. Mayor Baldwin introduced a Resolution and read the caption as follows: RESOLUTION NO. 01-R-27 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS TO AUTHORIZE THE FILING OF AN APPLICATION BY THE SCHERTZ PUBLIC LIBRARY FOR A GRANT TO PURCHASE ADDITIONAL COMPUTERS. The grant is for $33,000 to replace outdated computers for the Library. It was noted that this is not a matching grant. Without further discussion Mr. Swinney moved to approve the request for filing an application by the Schertz Public Library for a grant to purchase additional computers. Mrs. Head seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Pitts, Agee, Swinney, and Greenwald NAYS: None #8 Consider and take action appointing Councilmember Pitts as Ex-officio member to the Schertz Parkway Zone Commission. 239 Without further discussion, Mr. Greenwald moved to approve appointing Councilmember Pitts as Ex-officio member to the Schertz Parkway Zone Commission. Mrs. Agee seconded the motion, which carried with the following votes AYES: Councilmembers Head, Agee, Swinney, and Greenwald ABSTAINED: Councilmember Pitts. #9 Consider and take action re-appointing Chairman Earl Hartzog and Vice- Chairman Ted Duigon to serve for a term of two (2) years on the Board of Adjustment. Without further discussion, Mrs. Head moved to re-appoint Chairman Earl Hartzog and Vice-Chairman Ted Duigon to serve for a term of two (2) years on the Board of Adjustment. Mr. Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Pitts, Agee, Swinney, and Greenwald NAYS: None #10 Items by Mayor: a. Strategic Planning session; and b. Redistricting Guadalupe County Commissioners and Justice of the Peace Precincts. The Schertz City Council met on July 28th to discuss the future of Schertz. Some of the discussion covered the drainage priority, public use facilities, need for technological upgrades, communications, Economic Development, and the need for updating the employee pay plan. Mrs. Head felt that there is no need in the future to pay an outsider to facilitate for the Strategic Planning Sessions. Mayor Baldwin once again stressed the need for Guadalupe County to have two Commissioners. #11 Adjournment: There being no further business to discuss, Mayor Baldwin adjourned the meeting at 8:27pm. 240 ATTEST: -'" ./ tary, City of Schertz, Texas 241 ~.. Mayor, City of Schertz, Texas \