09-04-2007-Regular Session
MINUTES
REGULAR SESSION
SEPTEMBER 4, 2007
The Schertz City Council convened in Regular Session on Tuesday, September 4, 2007, at 6:30
p.m., in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4,
Schertz, Texas. The following members were present: Mayor Hal Baldwin presiding, Mayor
Pro-Tern David Scagliola, Councilmembers Jim Fowler, John Trayhan, Tony Wilenchik and
Michael Carpenter. Also present were: City Manager Don Taylor, Assistant City Manager John
Bierschwale, Assistant City Manager David Harris, City Secretary Judy Tokar and City Attorney
Michael Spain.
#1 CALL TO ORDER.
Mayor Baldwin called the meeting to order at 6:30 p.m.
#2 PLEDGES OF ALLEGIANCE TO THE UNITED STATES AND STATE OF
TEXAS (Honor the Texas flag; I pledge allegiance to thee, Texas, one state under
God, one and indivisible.)
Both pledges were recited.
#3 PRESENT A TION: Certificate of Appreciation to Chuck McCollough.
Mayor Baldwin presented Chuck McCollough with a certificate of recognition and a City of
Schertz personalized paperweight. For approximately 12 years, Mr. McCollough has represented
the Metrocom area, the Schertz area, and he has worked closely with the Northeast Partnership.
Mr. McCollough has taken a position with mysa.com and we wish him the best.
#4 HEARING OF RESIDENTS.
David Richmond. - 2921 Bent Tree Drive, Chairman of Planning and Zoning Commission and
resident, brought up a San Antonio Express News article about TxDot canceling IH35 and
Nacogdoches Road improvements. Mayor Baldwin updated that we have received a call and
those projects are back on track.
Ed "Grumpv." Azzoz - 528 Wayward Pass, wanted to follow up on what he sees as animal
cruelty and water problems along Schertz Parkway. Mr. Taylor stated that the Parks Department
is getting prices on water fountains both for citizens and animals. Grackles seriously migrate in
October or November, and ABC Pest Control will need to obtain a permit from TX Parks and
Wildlife to do the same thing as last year. Mr. Taylor stated they will come out and survey, but
they are not endangered species.
Robert Brockman, - 1000 Elbel Road, #411, mentioned that Councilmember Scagliola
accepted an award from Congressman Cuellar. He questioned if the speed limit on Live Oak
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Road would be reduced from 40 mph to 30 mph due to the new neighborhood development; and
was told that this is a TSAC study.
#5 INTRODUCTION OF EMPLOYEES: Parks Department.
Gail Douglas, Community Service Director, introduced George Logan, Parks and Recreation
Director, and Jeffrey Wood, Parks Worker.
#6 Items by Council
General Announcements
Mayor Pro- Tem Scagliola
. A welcome back to the Mayor.
Councilmember Fowler
. Is looking forward to working with Mr. Logan on Parks and Recreation Board.
Councilmember Trayhan
. Thanked staff for providing the 2007 Phase 1 Bond Project preliminary schedule
summary.
Councilmember Wilenchik
. None
Councilmember Carpenter
. Thought we would talk about the agenda order before implementing.
#7 Items by Mayor
General Announcements
· None
#8 PUBLIC HEARING:
The public hearing was opened at 6:40 p.m.
A) Hold a public hearing regarding the City of Schertz proposed zoning map
revisions for the northern portion of the City of Schertz including all of Comal and
Guadalupe County. (T. Rhodes)
Thomas Rhodes, Interim Planning Manager, stated that the purpose is to update and revise the
City's Zoning Map for the northern portion of the City. Mr. Rhodes provided exhibits 1-22
indicating the zoning boundaries, and mentioned that of approximately 11,000 notice letters
mailed out, 5% were returned as undeliverable.
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There were comments from residents voicing concern on how zoning changes would affect their
area, and asked that consideration be given to some ofthese areas.
David Richmond, P&Z Chairman, commended Mr. Rhodes for all his work on updating the
zoning map. He stated that everyone knows how difficult it is to make changes, but rezoning the
northern portion of the City is best for the future of the City.
The public hearing was closed at 7 :26 p.m.
B) ORDINANCE: Discussion and action on first reading of an ordinance
amending Article III of the Unified Development Code (UDC) Ordinance 96-S-28 by
updating and revising the official zoning map for property located in Comal County
and Guadalupe County within the City of Schertz, Texas and adopting said zoning
map. (T. Rhodes)
~iscussion was held to clarify zoning changes made to the maps after publication. Mr. Spain
stated he was comfortable with the changes.
The motion was made by Councilmember Trayhan, and seconded by Councilmember Scagliola,
to approve first reading of an ordinance amending Article III of the Unified Development Code
(UOC) Ordinance 96-S-28 by updating and revising the official zoning map for property located
in Comal County and Guadalupe County within the City of Schertz, Texas and adopting said
zoning map, including changes made by P & Z since the maps publication (including the 8 acres
ofMr. Hendricks property to remain RIA.) The motion carried 5-0 and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Carpenter, and Wilenchik.
NA YES: None
The public hearing was opened at 7:45 p.m.
#9 PUBLIC HEARING:
TO RECEIVE PUBLIC COMMENT ON THE PROPOSED AD VALOREM TAX.
Mr. Harris stated the current tax rate is .4317. The rollback rate for FY2007/8 is .4224, the
effective rate is .3882, and the proposed rate is .4090.
The public hearing was closed at 7:49 p.m.
#10 Budget Workshop. (D. Harris)
Mr. Harris stated the biggest change deals with the health insurance. The budget will be voted
on and finalized on 18 September 2007.
Council recessed at 7:52 p.m. and reconvened at 8 p.m.
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ACTION ITEMS:
At this time Item #l1B was acted upon.
#11 B) Discussion and action on extending the rmancial advisory contract with Mark
McLiney at Southwest Securities as required by the Municipal Securities
Rulemaking Board. (Mark McLiney - Southwest Securities)
Mr. McLiney stated that there was no change in the contract.
The motion was made by Councilmember Trayhan, and seconded by Councilmember Carpenter,
to approve the extension of the financial advisory contract with Mark McLiney at Southwest
Securities as required by the Municipal Securities Rulemaking Board. The motion carried 5-0
and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Carpenter, and Wilenchik
NAYES: none
#11 A) ORDINANCE: Consideration and approval of an ordinance by the City Council
of the City of Schertz, Texas authorizing the issuance of "City of Schertz, Texas
General Obligation Bonds, Series 2001", levying an annual ad valorem tax, within
the limitations prescribed by law, for the payment of the bonds; prescribing the
form, terms, conditions, and resolving other matters incident and related to the
issuance, sale, and delivery of the bonds; authorizing the execution of a paying
agent/registrar agreement and a purchase and investment letter; complying with the
requirements imposed by the letter of representations previously executed with the
Depository Trust Company; and providing for an effective date. (Mark McLiney -
Southwest Securities)
Jeff Kuhn, from Southwest Securities, explained the research on interest rates for selling bonds
now versus 2008. Currently the market is stable and there is no way to project what the interest
rates will be in 2008. JP Morgan Chase offered the best rates of 4.07%.
ORDINANCE NO. 07-B-36
An Ordinance by the City Council of the City of Schertz, Texas authorizing the
issuance of "City of Schertz, Texas General Obligation Bonds, Series 2007", levying
an annual ad valorem tax, within the limitations prescribed by law, for the payment
of the bonds; prescribing the form, terms, conditions, and resolving other matters
incident and related to the issuance, sale, and delivery of the bonds; authorizing the
execution of a paying agent/registrar agreement and a purchase and investment
letter; complying with the requirements imposed by the letter of representations
previously executed with the Depository Trust Company; and providing for an
effective date.
The motion was made by Councilmember Carpenter, and seconded by Councilmember Trayhan,
to approve an ordinance by the City Council of the City of Schertz, Texas authorizing the
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issuance of "City of Schertz, Texas General Obligation Bonds, Series 2007", levying an annual
ad valorem tax, within the limitations prescribed by law, for the payment of the bonds;
prescribing the form, terms, conditions, and resolving other matters incident and related to the
issuance, sale, and delivery of the bonds; authorizing the execution of a paying agent/registrar
agreement and a purchase and investment letter; complying with the requirements imposed by
the letter of representations previously executed with the Depository Trust Company; and
providing for an effective date. The motion carried 5-0 and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Carpenter, and Wilenchik
NA YES: None
#12 ORDINANCE: Discussion and action on final reading of an ordinance authorizing
amended and restated Articles of Incorporation of the City of Schertz Economic
Development Corporation; approving amended and restated By-Laws of such
corporation; appointing Directors to the Board of Directors of such corporation;
and other matters in connection therewith. (G. Antuna)
ORDINANCE NO. 07-M-44
An Ordinance authorizing amended and restated Articles of Incorporation of
the City of Schertz Economic Development Corporation; approving amended
and restated By-Laws of such corporation; appointing Directors to the Board
of Directors of such corporation; and other matters in connection therewith
The motion was made by Councilmember Trayhan, and seconded by Councilmember Fowler, to
approve final reading of an ordinance authorizing amended and restated Articles of Incorporation
of the City of Schertz Economic Development Corporation; approving amended and restated By-
Laws of such corporation; appointing Directors to the Board of Directors of such corporation;
and other matters in connection therewith. The motion carried 5-0 and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Carpenter, and Wilenchik
NA YES: None
#13 ORDINANCE: Discussion and action on final reading of an ordinance assigning the
duties of the Schertz Economic Development Commission to the Schertz Economic
Development Corporation, dissolving the Schertz Economic Development
Commission, and repealing and reserving Code of Ordinances Chapter 2, Article
III, Economic Development Commission, and other related matters in connection
therewith. (G. Antuna)
ORDINANCE NO. 07-M-37
An Ordinance by the City Council of the City of Schertz, Texas assigning the
duties of the Schertz Economic Development Commission to the Schertz
Economic Development Corporation, dissolving the Schertz Economic
Development Commission, and Repealing and Reserving code of Ordinances
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Chapter 2, Article III, Economic Development Commission; and other
matters in connection therewith.
The motion was made by Councilmember Scagliola, and seconded by Councilmember Fowler, to
approve a final reading of an ordinance assigning the duties of the Schertz Economic
Development Commission to the Schertz Economic Development Corporation, dissolving the
Schertz Economic Development Commission, and repealing and reserving Code of Ordinances
Chapter 2, Article III, Economic Development Commission, and other related matters in
connection therewith. The motion carried 5-0 and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Carpenter, and Wilenchik
NAYES: None
#14 RESOLUTION: Discussion and action on a resolution authorizing the City
Manager to execute a management services agreement between the City of Schertz
and the Schertz-Seguin Local Government Corporation. (A. CockerelllJ.
Bierschwale)
Mr. Cockerell stated this is an annual review and there are no major changes from last year.
RESOLUTION ON. 07-R-38
A Resolution authorizing the City Manager to execute a management
services agreement between the City of Schertz and the Schertz-Seguin Local
Government Corporation
The motion was made by Council member Trayhan, and seconded by Councilmember Fowler,
to approve the resolution authorizing the City Manager to execute a management services
agreement between the City of Schertz and the Schertz-Seguin Local Government Corporation.
The motion carried 5-0 and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Carpenter, and Wilenchik
NA YES: None
#15 RESOLUTION: Discussion and action on a resolution of the City of Schertz to tax
tangible personal property in transit which would otherwise be exempt pursuant to
Texas Tax Code, Section 11.253. (D. Taylor)
Mr. Taylor requested this item be withdrawn. There must be a public hearing before this can be
brought Council, and it must be in the form of an ordinance versus a resolution.
#16 AGREEMENT: Discussion and action on proposed Landscape Construction and
Maintenance Agreement between the Texas Department of Transportation
(TxDOT) and the City of Schertz located at Woodland Oaks and FM 3009. (D.
Taylor)
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Mr. Taylor explained the City and TxDOT are working on an agreement for extending the
entrance of Greenshire, though all costs and maintenance will be paid through the Greenshire
HOA. A letter is on file stating the terms.
The motion was made by Councilmember Trayhan, and seconded by Councilmember
Carpenter, to approve the proposed Landscape Construction and Maintenance Agreement
between the Texas Department of Transportation (TxDOT) and the City of Schertz located at
Woodland Oaks and FM 3009. The motion carried 5-0 and the vote was as follows:
A YES: Council members Fowler, Scagliola, Trayhan, Carpenter, and Wilenchik
NA YES: None
#17 Discussion and action on amending the purchasing policy. (K. Lewinski)
Kim Lewinski, Purchasing Agent, explained the changes to the current purchasing policy,
including new laws from the recent legislative session, a new conflict of interest form, changes
to oral quotes, and revised credit card purchase procedures.
The motion was made by Councilmember Trayhan, and seconded by Councilmember Carpenter,
to approve the changes to the purchasing policy. The motion carried 5-0 and the vote was as
follows:
A YES: Councilmembers Fowler, Scagliola, Trayhan, Carpenter, and Wilenchik
NA YES: none
#18 Report from the Schertz 50th Anniversary Committee on proposed activities and
action to approve proposed budget for SchertzFest. (Vallery Mallard)
Vallery Mallard discussed all the events and ideas scheduled for 2008. Currently the committee
is seeking approval of the budget, with the addition of $3,700.00 for police security for the
SchertzFest. The 50th Anniversary Committee is currently looking for sponsorship.
The motion was made by Councilmember Carpenter, and seconded by Councilmember
Scagliola, to approve Schertz 50th Anniversary Committee proposed activities and to approve the
proposed budget for SchertzFest. The motion carried 5-0 and the vote was as follows:
A YES: Councilmembers Fowler, Scagliola, Trayhan, Carpenter, and Wilenchik
NA YES: None
#19 Discussion and action on amending the Council procedures on agendas and conduct
of meetings.
Councilmember Wilenchik discussed the proposed changes to the City Council agendas. The
change will allow the citizens to hear the "Items by Council" and Commissioners Court updates
without having to wait until the end of a meeting. He also explained the reason for changing the
way Councilmembers vote. He suggested having the person who made the original motion vote
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first, with subsequent votes moving to the left. This eliminates the person in seat five from
always having the final vote, and from being in the position of breaking all tie votes.
Mayor Baldwin requested that all City Council meetings begin with "Call to Order", "Pledges of
Allegiance", and" Hearing of Residents" in that sequence.
The motion was made by Councilmember Wilenchik, and seconded by Councilmember
Carpenter, to approve amending the Council procedures on agendas and conduct of meetings.
The motion carried 5-0 and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Carpenter, and Wilenchik
NAYES: none
#20 Discussion and action on complaint from a resident in the 1600 block of Jasmine
Drive regarding drainage issue. (D. Scagliola)
Councilmember Scagliola asked if this has been taken care of and, if so, what the outcome was.
Mr. Taylor stated Mr. Little from Public Works had taken care of the concern and the owners of
the house are happy with the repairs made. No further action is needed.
DISCUSSION ITEMS:
#21 Discussion on final reading of an Ordinance authorizing and allowing, under the act
governing the Texas Municipal Retirement System, "Updated Service Credits" in
said system on an annual basis for service performed by qualifying members of such
system who at the effective date of the allowance are members of the City of
Schertz; providing for increased prior and current service annuities for the retirees
and beneficiaries of deceased retirees of the City; to increase the rate of deposits to
the Texas Municipal Retirement System by the employees of the City; and
establishing an effective date for the ordinance. (D. Dykes)
Donna Dykes and Mr. Taylor explained the changes would not affect any retirees.
#22 Discussion on final reading of an Ordinance amending the Unified Development
Code (UDC) Ordinance 96-S-28 by granting a specific use permit for 2.3367+ acres
of land out of the Genobera Malpaz Survey No. 67 Abstract No. 221, Guadalupe
County, Schertz, Texas for commercial use in the Air Installation Compatible Use
Zone (AICUZ), (APZ-l); providing an effective date, and providing a repealing
clause. (C. Gabbard)
Chris Gabbard explained there were no changes.
#23 Discussion on marketing and public relations program to promote the City. (B.
Bailey, B. Gildea and D. Harris)
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David Harris requested a strategic planning session with the City Council to provide staff with
some direction on who we want to target and what message to convey. It was requested the
discussion be postponed until 11 September 2007. After discussion, there was consensus among
Councilmembers to move this item to next week's agenda.
#24 EXECUTIVE SESSION: Called under Chapter 551 Texas Government Code, Sub-
section 551.072 - Deliberation regarding Real Estate.
Executive Session from 9:05 p.m. until 9:50 p.m.
#25 Action, if any on the subject of the above Executive Session.
No action was necessary.
#26 RESOLUTION: Discussion and action on a resolution approving a Statement and
Petition in condemnation relating to Susan E. Seekatz and Adelheid S. Reeh, each
individually and as co-executor of the Estate of Alice A. Schaefer. (M. Spain)
Mr. Spain explained this is to ratify and confirm action taken by Council two weeks ago.
RESOLUTION NO. 07-R-40
A Resolution approving a Statement and Petition in condemnation relating
to Susan E. Seekatz and Adelheid S. Reeh, each individually and as co-
executor of the Estate of Alice A. Schaefer.
The motion was made by Councilmember Trayhan, and seconded by Councilmember Carpenter,
to approve a resolution approving a Statement and Petition in condemnation relating to Susan E.
Seekatz and Adelheid S. Reeh, each individually and as co-executor of the Estate of Alice A.
Schaefer. The motion carried 5-0 and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Carpenter, and Wilenchik
NA YES: None
#27 RESOLUTION: Discussion and action on a resolution approving a Statement and
Petition in condemnation relating to Charles Hernal. (M. Spain)
Mr. Spain stated this is the official action to obtain a piece of property from Mr. Hernal on
Schertz Parkway and Live Oak Road, near the drainage ditch.
RESOLUTION NO. 07-R-39
A Resolution approving a Statement and Petition in condemnation relating
to Charles Hernal.
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The motion was made by Councilmember Trayhan, and seconded by Councilmember Carpenter,
to approve a resolution approving a Statement and Petition in condemnation relating to Charles
Hernal. The motion carried 5-0 and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Carpenter, Wilenchik
NAYES: None
#28 Approve minutes of Regular Session of August 10,2007.
The motion was made by Councilmember Trayhan, and seconded by Council member Carpenter,
to postpone approval of August 10,2007, minutes until September 11,2007, to allow corrections
to be made. The motion was carried 5-0 and the vote was as follows:
AYES: Council members Fowler, Scagliola, Trayhan, Carpenter, Wilenchik
NA YES: None
#29 Items by City Manager Taylor and Staff
General Announcements
David Harris explained a letter was sent to the U.S. Postal Service asking to consolidate all of
Schertz and its ETJ into the 78154 zip code. He also will get with the IT department to work on
Councilmember email addresses and password problems.
Mr. Taylor notified the Council that the U.S. Postal Service has sent out the plans and specs for
the new post office facility.
#30 ADJOURNMENT.
The meeting adjourned at 10:05 p.m.
ATTEST:
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Ma Yba a, tenm CIty Secretary
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