12-19-2006-RegularMINUTES
CITY COUNCIL
REGULAR SESSION
DECEMBER 19, 2006
The Schertz City Council convened in Regular Session on Tuesday, December 19,
2006 at 7:00 p.m. in the Municipal Complex Council Chambers, 1400 Schertz
Parkway Building #4, Schertz, Texas. The following members were present: Mayor
Hal Baldwin presiding, Councilmembers David L. Scagliola, Reginna Agee, Tony
Wilenchik, Mayor Pro Tern Jim Fowler and Michael Carpenter. Also present were
City Manager lion Taylor, Assistant City Manager David Harris, City Attorney
Michael Spain, and Judy Tokar City Secretary.
#1 CALL TO ORDER
Mayor Baldwin called the meeting to order at 7:00 p.m.
#2 PLEDGE OF ALLEGIANCE TO THE UNITED STATES AND STATE OF
TEXAS (Honor the Texas flag; I pledge allegiance to thee, Texas, one and
indivisible.)
Both pledges were recited.
#3 PRESENTATION AND RECOGNITION OF VOLUNTEERS FOR THE
FESTIVAL OF ANGELS EVENT.
Erin Matlock, Chair of the Festival of Angels Committee and Jonette Ellis, Economic
Development Department introduced members of the organizations, city staff and the
community and asked them to stand to be recognized for helping during the Christmas
Events. Erin Matlock gave a special recognition to IBC Bank representatives for cash
donation of $2,000 for the snow in the Park. A check for $9,031.64 was presented to the
Police Dept. for Blue Santa, which helped 34 families and 120 children.
94 PRESENTATION OF THE CHRISTMAS LIGHTING CONTEST
WINNERS.
Erin Matlock, Chair of the Christmas Committee and Jonette Ellis, Economic
Development Department announced the 10 finalists for the Lighting Contest, and
winners were announced.
#5 INTRODUCTION OF EMPLOYEES:
Leonard Truitt, Director of Development Services introduced Sharma Bates, Health
Inspector, and Jim Derrickson, Building Inspector. Gail Douglas, Director of Community
Services introduced Don Cramer, Parks and Recreation Superintendent. Mike Deleon,
Facility Maintenance Director introduced Marvin Ferguson and Brian Bowers, Facility
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Maintenance. Allan Cockrell, SSLGC Manager introduced Administrative Assistant,
Georgia Hanks for SSLGC.
#6 HEARING OF RESIDENTS
There were none.
#7 APPROVE OF MINUTES:
A) Minutes of Regular Session of August 16, 2006
B) Minutes of Workshop of August 22, 2006
C) Minutes of Workshop of September 12, 2006
D) Minutes of Public Hearing of September 12, 2006
Councilmember Wilenchik made a motion, seconded by Mayor Pro Tem Fowler to
approve consent agenda items # 7 A -D, with corrections submitted to Workshop of
September 12, 2006. The vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik and Carpenter.
NAY: None.
#13 ORDINANCE: Discussion and action on an ordinance authorizing the
issuance of "City of Schertz, Texas Combination Tax and Limited Pledge Revenue
Certificate of Obligation, Series 2007; 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 the issuance, payment, security,
sale, and delivery of said certificates; authorizing the execution of a paying
agent /registrar agreement and a purchase and investment letter; complying with the
requirements of the Letter of Representations with the Depository Trust Company;
and providing an effective date. (Projects: Public Works — Utilities, Streets,
Drainage, Equipment, EMS Equipment and Communications)
ORDINANCE NO. 06 -B -60
An Ordinance authorizing the issuance of "City of Schertz, Texas
Combination Tax and Limited Pledge Revenue Certificate of Obligation,
Series 2007; 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 the issuance, payment,
security, sale, and delivery of said certificates; authorizing the execution of a
paying agent /registrar agreement and a purchase and investment letter;
complying with the requirements of the Letter of Representations with the
Depository Trust Company; and providing an effective date.
CC Regular Session 12 -19 -2006
Mr. Mark McLiney with Southwest Securities discussed that the City issued a Notice of
Intention not to exceed $9,940,000, and will actually issue $9,915,000 at interest rate of
4.01% for the life of the bonds to be purchased by JP Morgan Chase Bank. The City of
Schertz' excellent bond rating has again made it possible for outstanding savings by the
City.
Councilmember Wilenchik made a motion, seconded by Councilmember Carpenter to
approve the sale of bonds as stated at an interest rate of 4.01%. The vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik and Carpenter.
NAY: None.
98 DISCUSSION AND ACTION TO APPROVE, THE BANK DEPOSITORY.
Mayor Baldwin introduced Ms. Linda Patterson from Patterson & Associates that was
hired on consulting basis for her expertise in bidding of bank depositories. Ms. Patterson
offered a detailed analysis of findings, on proposals requests from the City for banking
services. Six banks responded and all proposals were reviewed for service levels, cost of
services, optional services, and earning potential. On the basis of analysis, the
recommendation is to award the contract to Chase Bank.
Council thanked Ms. Patterson for her expertise in providing an excellent report and
appreciates her efforts.
Councilmember Wilenchik made a motion, seconded by Mayor Pro Tern Fowler to
approve bank depository service contract to JP Morgan Chase Bank for a 3 -year term
with option to extend. The vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik and Carpenter.
NAY: None.
99 DISCUSSION AND ACTION ON SELECTION OF A CITY
VETERINARIAN FOR THE SCHE,RTZ ANIMAL CONTROL FACILITY.
Councilmember Carpenter made a motion, seconded by Councilmember Agee to approve
selection of Universal City Animal Hospital as primary and Seguin Animal Hospital as
secondary veterinarian for the Schcrtz Animal Control Facility. The vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik and Carpenter.
NAY: None.
#10 DISCUSSION AND ACTION TO APPOINT MEMBERS TO THE
LBIRARY ADVISORY BOARD.
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Councilmember Carpenter made a motion, seconded by Councilmember Wilenchik to
approve appointment of Neota Brady, Simone Bailey, Carl Douglas, and John Correau to
the Library Advisory Board. The vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik and Carpenter.
NAY: None.
#11 RESOLUTION: Discussion and action on an resolution of the City of Schertz
City Council requesting the members of the 80"' Legislative Session of the State of
Texas for support of increased funding for the Texas Recreation and Parks Account
Local Park Grant Program and the Texas State Park System. Presenter: Gail
Douglas
RESOLUTION NO. 06 -R -36
A Resolution of the City of Schertz City Council requesting the members of
the 80th Legislative Session of the State of Texas for support of increased
funding for the Texas Recreation and Parks Account Local Park Grant
Program and the Texas State Park System
Gail Douglas reported that the Texas Recreation and Parks Account grant program
administered by the Texas Parks and Wildlife Department has undergone funding
decreases for the past two legislative sessions, and the attached resolution is a request for
the 80'h Legislative to support increasing funding for the State Park System.
Councilmember Carpenter made a motion, seconded by Councilmember Wilenchik to
approve a resolution requesting the members of the 80`h Legislative Session of the State
of Texas for support of increased funding for the Texas Recreation and Parks Account
Local Park Grant Program and the Texas State Park System. The vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik and Carpenter.
NAY: None.
#12 ORDINANCE: Discussion and action on first reading of an ordinance
granting Cibolo Waste Inc. dba Bexar Waste, Inc. an extension and renewal of its
franchise for municipal solid waste collection and disposal, a recycling, and a
household hazardous waste program; imposing provisions and conditions relating to
the exercise of same; and providing for penalties not to exceed $200.00 for violation
thereof, repealing all ordinances or parts of ordinances in conflict with this
ordinance.
City Manager Don Taylor discussed a recommendation for a new contract for Henry
Guiterrez of Bexar Waste. Because Mr. Gutierrez is purchasing new trucks the finance
company is requesting a contract extension. Mr. Gutierrez is requesting a 2.1% increase,
which is below the current CPI. Mr. Spain, City Attorney discussed the non - exclusive
franchise contract, which the City entered in 2001 to 2003, with an extension for 3 years,
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which expires the end of December 31, 2006. A request for a rate increase can only be
requested after the second year, and every year thereafter. A contract with Bexar Waste
has not bid since 2001 and 2003. Bexar Waste rates are lower than any other competitor
in the area.
Councilmember Wilenchik made a motion, seconded by Councilmember Agee to
approve first reading of an ordinance granting Cibolo Waste Inc. dba Bexar Waste, Inc.
an extension and renewal of its franchise for municipal solid waste collection and
disposal, a recycling, and a household hazardous waste program; imposing provisions
and conditions relating to the exercise of same; and providing for penalties not to exceed
$200.00 for violation thereof; repealing all ordinances or parts of ordinances in conflict
with this ordinance and also approving the 2% increase in rates effective April 15, 2007.
The vote was follows:
AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik and Carpenter.
NAY: None.
#14 ORDINANCE: Discussion and action on final reading of an ordinance
designating the Sedona Development as a Tax Increment Reinvestment Zone;
describing the boundaries of the Zone; creating a Board of Directors for the Zone;
providing for an effective date and a termination date for the Zone; naming the
Zone "Reinvestment Zone Number Two, City of Schertz, Texas"; establishing a Tax
Increment Fund; and containing other provisions related thereto.
ORDINANCE NO. 06 -T -61
An Ordinance designating the Sedona Development as a Tax Increment
Reinvestment Zone; describing the boundaries of the Zone; creating a Board
of Directors for the Zone; providing for an effective date and a termination
date for the Zone; naming the Zone "Reinvestment Zone Number Two, City
of Schertz, Texas'; establishing a Tax Increment Fund.
Councilmember Wilenchik made a motion, seconded by Councilmember Carpenter to
approve final reading of an ordinance designating the Sedona Development as a Tax
Increment Reinvestment Zone; describing the boundaries of the Zone; creating a Board of
Directors for the Zone; providing for an effective date and a termination date for the
Zone; naming the Zone "Reinvestment Zone Number Two, City of Schertz, Texas ";
establishing a Tax Increment Fund. The vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik and Carpenter.
NAY: None.
#15 ORDINANCE: Discussion and action on first reading of an ordinance
providing that the Code of Ordinances of the City of Schertz be amended by
revising Section 86 -149, Parking Prohibited; and providing a repealing clause. (Tri
County Parkway)
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Councilmember Carpenter made a motion, seconded by Councilmember Agee to approve
first reading of an ordinance providing that the Code of Ordinances of the City of Schertz
be amended by revising Section 86 -149, Parking Prohibited; and providing a repealing
clause. (Tri County Parkway). The vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik and Carpenter.
NAY: None.
#16 ORDINANCE: Discussion and action on final reading of an ordinance by the
City Council of the City of Schertz, Texas, amending Chapter 86, Article V of the
Code of Ordinances of the City, Traffic and Motor Vehicles, Stopping, Standing and
Parking, to add Section 86 -157, Enforcement of Unauthorized Use of Designated
Disabled Parking Spaces on Private Property, establishing an Offense for the
Unauthorized use of Parking Spaces on Private Property that are designated for
persons with disabilities; Severability; repeal of conflicting ordinances; and an
effective date.
ORDINANCE NO. 06 -S -62
An Ordinance by the City Council of the City of Schertz, Texas, amending
Chapter 86, Article V of the Code of Ordinances of the City, Traffic and
Motor Vehicles, Stopping, Standing and Parking, to add Section 86 -157,
Enforcement of Unauthorized Use of Designated Disabled Parking Spaces on
Private Property, establishing an Offense for the Unauthorized use of
Parking Spaces on Private Property that are designated for persons with
disabilities; Severability; repeal of conflicting ordinances; and an effective
date.
Councilmember Carpenter made a motion, seconded by Councilmember Wilenchik to
approve final reading of an ordinance by the City Council of the City of Schertz, Texas,
amending Chapter 86, Article V of the Code of Ordinances of the City, Traffic and Motor
Vehicles, Stopping, Standing and Parking, to add Section 86 -157, Enforcement of
Unauthorized Use of Designated Disabled Parking Spaces on Private Property, establishing
an Offense for the Unauthorized use of Parking Spaces on Private Property that are
designated for persons with disabilities; Severability; repeal of conflicting ordinances; and
an effective date. The vote was as follows:
AYES: Council Members Fowler, Scagliola, Agee, Wilenchik and Carpenter.
NAY: None.
#17 ORDINANCE: Discussion and action on first reading of an ordinance by the
City Council of the City of Schertz, Texas authorizing an agreement with the Texas
Department of Transportation to contribute funds relating to improvements to FM
3009; and other matters in connection therewith.
City Manager Don Taylor discussed that the City could enter into an agreement with
TXDOT for a 10% share of the right of way from IH -35N to FM2252, which is
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approximately $395,000. Mr. Spain stated that project would run from IH -35 to FM2252
and it would only authorize the spending of city money for the portion within the city
limits.
Mayor Pro Tem Fowler made a motion, seconded by Councilmember Wilenchik to
approve first reading of an ordinance by the City Council of the City of Schertz, Texas
authorizing an agreement with the Texas Department of Transportation to contribute
funds relating to improvements to FM 3009; and not to exceed 10% of the total cost. The
vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik and Carpenter.
NAY: None.
#18 RESOLUTION: Discussion and action on an resolution by the City Council
of the City of Schertz amending the resolution creating the Schertz Historical
Preservation Committee and resolving other matters in connection therewith.
Mr. Spain explained that the resolution deals with the creation of the committee and
allows a tracking mechanism of appointees and allows up to and not more than fourteen
(14) members to serve. The members shall serve staggered terms and follow other
requirements as set by the resolution.
Councilmember Carpenter made a motion, seconded by Councilmember Scagliola to
approve amending the resolution creating the Schertz Historical Preservation Committee.
The vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik and Carpenter.
NAY: None.
#19 EXECUTIVE SESSION: Called under Chapter 551 of the Texas Government
Code, Sub - Section 551.074 - Personnel Matters, Deliberation on the appointment,
employment, evaluation, reassignment, duties, discipline, or dismissal of the
Municipal Court Judge.
An Executive Session was held from 8:20 p.m. to 9:50 p.m.
920 Action, if any on the above Executive Session.
Councilmember Carpenter made a motion, seconded by Councilmember Scagliola to
extend the appointment of the Municipal Court Judge for 180 days or 6 months and
approve a 2% salary increase. The vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik and Carpenter.
NAY: None.
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#21 Items by City Manager Taylor and Staff
• Had no comments.
#22 Items by Council
General Announcements
Mayor Pro Tern Fowler
• Had no comments.
Councilmember Scagliola
• Introduced his mother Jackie from Connecticut.
Councilmember Agee
• Had no comments, except to wish everyone Happy Holidays.
Councilmember Wilenchik
• Frank Sturzl, TML Executive Director, is asking that a press release be sent
out on the harmful effects of revenue caps. Make sure that the release is sent
to Rodney Stinson. It is believed the City has participated in the past and
would continue.
• Referenced a letter to the Mayor from FEMA, which states that 6 cases were
deemed accepted, and possibly will see some changes within the City
floodplain.
• Wished everyone happy holidays since Council won't meet next week.
Councilmember Carpenter
• Complaint on the use of the City Seal, and it looking like an egg. The seal is
continuously used on documents, and he doesn't want to see the seal on any
documents unless it is circular.
923 Items by Mayor
General Announcements
I would like to wish everyone a fantastic holiday season, Merry Christmas and a Happy
New Year. Look forward to working with you in the future and appreciate your patience.
924 ADJOURNMENT
Mayor Baldwin adjourned the meeting at 9:58 p.m.
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i
Hal'�Baldwin, Mayor
ATTEST:
dy To City Secretary
CC Regular Session 12 -19 -2006