08-12-2008
MINUTES
WORKSHOP AND REGULAR MEETING
August 12, 2008
A Workshop and Regular Meeting was held by the Schertz City Council of the City of
Schertz, Texas, on August 12, 2008 at 5:00 p.m., in the Municipal Complex Council
Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members
present, to-wit:
Mayor Pro-Tern Tony Wilenchik
Council Member Jim Fowler Council Member David Scagliola
Council Member John Trayhan Council Member Michael Carpenter
Staff Present: City Manager Don Taylor Assistant City Manager John Bierschwale
Assistant City Manager David Harris City Secretary Brenda Dennis
City Attorney Michael Spain
Mayor Baldwin absent.
CALL TO ORDER:
WELCOME / OVERVIEW:
1. Presentation and discussion of the FY 200812009 Budget. (Staff)
Mayor Pro-Tern Wilenchik called the Workshop to order at 5:00 p.m. and stated that
Mayor Baldwin was absent this evening. Mayor Pro-Tern Wilenchik introduced
Assistant City Manager David Harris who continued the Power Point presentation
going over the following:
. General Fund
- Animal Control
- IT Department
- Human Resource
- Finance
- Purchasing
- Fleet
- Community Assist
- Special Events
- Public Works Business office and Administration
- Business Office
- Public Works Water & Sewer Administration
- Capital Recovery
- EMS
- Drainage
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- Hotel Tax
- Park Fund
- Recycling
- SED Corporation
- Capital Requests
Staff Members addressed Council questions and concerns regarding their respective
budgets.
ADJOURNMENT WORKSHOP:
Mayor Pro-Tern Wilenchik adjourned the workshop at 6:30 p.m.
CALL TO ORDER REGULAR MEETING
Mayor Pro-Tern Wilenchik called the meeting to order at 6:30 p.m. and stated that Mayor
Baldwin was absent this evening.
INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE
UNITED STATES AND STATE OF TEXAS.
Council Member Carpenter gave the Invocation followed by the Pledges of Allegiance to
the Flags of the United States and State of Texas.
HEARING OF RESIDENTS
Mayor Pro-Tern Wilenchik recognized the following:
. Frances Rushing, Schertz Chamber President who gave the following
announcements:
- August 18, 2008 Program on Banking and FDIC at 6:30 p.m. at Civic
Center. Sponsored by Chamber and Schertz Bank & Trust.
- August 29, 2008 Monthly lunch program. A follow up on August 18,
2008 program. Working with George Antuna to secure speaker from
Federal Reserve.
- August 15, 2008 - Ribbon Cutting at Embroider-me at 2 p.m.
- Attended Commissioners' Court, and reported that Veterans Affair office
noted they fielded 180 requests from Schertz, 101 walk-in and 79 by
phone and fielded 101 from Seguin Commissioners' Court, also took no
action on a contract for the proposed Animal Shelter, instead postponed
any action until next Tuesday's Court date.
. Mr. Robert Brockman, 1000 Elbel who addressed the Council on the following:
- Item 8 - Venue Tax
- Dumpsters needing lids
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- County Animal Shelter issue
Council General Announcements:
Mayor Pro-Tem Wilenchik
. Thanked everyone; staff, citizens, friends, colleagues for their support on his
recent surgery.
Council Member Fowler
. None
Council Member Scagliola
. Mentioned he attended the 2nd Annual Fire Fighters Picnic this weekend in
Universal City.
Council Member Trayhan
. None.
Council Member Carpenter
. Mentioned he had an opportunity to drive around the City and would like for
staff/code enforcement to address code enforcement issues around the Beverly
Drive area.
PRESENT A TION
. Presentation regarding the City of Schertz Website (8. Bailey)
Mayor Pro-Tern Wilenchik recognized Director Brad Bailey, Media Relations
who gave a Power Point presentation regarding the new City of Schertz Website
answering questions from Council. Mr. Bailey mentioned the upcoming Schertz
Fest and announced a new sponsor "Disney" would be hosting two 90-minute
Disney Kid's Stage Shows during the Schertz Fest.
REGULAR AGENDA
1. Property Tax Rate - Consideration and/or action on a Record Vote on setting
the Preliminary Tax Rate for FY 200812009 and Scheduling of Public Hearings on
the proposed tax rate. (D. Harris/J. Santoya)
Mayor Pro-Tern Wilenchik recognized Assistant City Manager David Harris who
introduced this item.
Mr. Harris stated that the current rate is 0.4090 and the effective rate is 0.4018;
and explained that Council will consider tonight and take a record vote which will
be published in the newspaper. He further explained that should the Council wish
to consider funding additional requests from staff, that he would recommend the
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Council consider a higher tax rate and allow staff to present their reasoning for
additional funding. City Secretary Brenda Dennis asked that Mr. Harris explain
that the Council could consider a higher tax rate and vote on this and that once the
tax rate is set with the vote Council could not go any higher but could go lower.
Mayor Pro-Tern Wilenchik recognized City Manager Don Taylor who stated that
he has brought to the Council a balanced budget with no tax increase and his
recommendation is to stay with the current rate of 0.4090.
Assistant City Managers David Harris and John Bierschwale explained and
recommended the Council consider the rate of 0.4250 and allow staff at the future
Budget workshops to explain their additional funding needs.
After considerable discussion, Mayor Pro-Tern Wilenchik recognized Council
Member Carpenter who moved seconded by Council Member Trayhan to set the tax
rate at 0.4090 as recommended by the City Manager. The vote was 4-1-0 with
Council Member Fowler voting no. Motion Carried
2. Minutes - Consideration and/or action regarding the approval of the minutes of the
Workshop and Regular Meeting of August 5, 2008.
Mayor Pro-Tern Wilenchik recognized Council Member Trayhan who moved,
seconded by Council Member Carpenter to approve the minutes of August 5,
2008 with the correction noted. Vote was unanimous. Motion Carried
3. Ordinance No. 08-S-40 - SUP2008-007 - Consideration and/or action upon a
request for a Specific Use Permit (SUP) for 0.5+/- acres ofland out of the Toribio
Herrera Survey, Abstract No. 221, Guadalupe County, and Schertz, Texas being
Lot 9, Block 1 of the Schertz Business Park Subdivision to allow an expansion of
a warehouse in the Air Installation Compatible Use Zone (AICUZ) Accident
Potential Zone-l (APZ-l) located approximately 951 +/- feet east of intersection
FM-1518 and Commercial Place. Final Reading (T. Rhodes/M. Nichols)
Mayor Pro-Tern Wilenchik recognized Planner Manager Thomas Rhodes who
introduced this item answering questions from Council stating nothing had
changed from the first reading of the ordinance.
Mayor Pro-Tern Wilenchik recognized Council Member Trayhan who moved,
seconded by Council Member Scagliola to approve Ordinance No. 08-S-40 final
reading. Vote was unanimous. Motion Carried.
4. Ordinance No. 08-D-41 - Consideration and/or action approving an ordinance
amending Section 86-118 of the Schertz Code of Ordinances revising maximum
limits on specific streets and providing a repealing clause. (John A. Sippel
Elementary) First Reading (M. Harris)
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Mayor Pro-Tern Wilenchik recognized Police Department Lieutenant Michael
Harris who introduced this item answering questions from Council.
Council Members discussed the possible need to declare an emergency on this due
to the fact that school will be starting in two weeks. City Attorney Michael Spain
stated that he is not comfortable with declaring this an emergency due to the fact it
was not posted as such on the agenda and that Council will be able to consider final
reading on the 19th of August which will allow ample time to post the necessary
slgnage.
Mayor Pro-Tern Wilenchik recognized Council Member Carpenter who moved,
seconded by Council Member Trayhan to approve Ordinance 08- D-41 first
reading. Vote was unanimous. Motion Carried
5. Ordinance No. 08-B-39 - Consideration and/or action approving an ordinance by
the City Council of the City of Schertz, Texas authorizing the issuance of "City of
Schertz, Texas General Obligation Bonds, Series 2008", 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, including the
approval and distribution of an official statement pertaining thereto; authorizing
the execution of a paying agent/registrar agreement and a purchase contract;
complying with the requirements imposed by the letter of representations
previously executed with the depository trust company; and providing for an
effective date. First and Final Reading (M. McLiney) (THIS ITEM WAS
POSTPONED FROM THE AUGUST 5, 2008 MEETING)
Mayor Pro-Tern Wilenchik recognized Mark McLiney Southwest Securities who
introduced this item answering questions from Council. Mr. McLiney stated that
within a week's time the bond market had changed and that the current rate is
4.13% and recommended to Council the issuance ofthe $9.9 million, 4.4 million for
the Recreation Center and 5.5 million for streets.
Mayor Pro-Tern Wilenchik recognized Council Member Trayhan who moved,
seconded by Council Member Scagliola to approve Ordinance No. 08-B-39 first
and final reading. Vote was unanimous. Motion Carried.
DISCUSSION AND POSSIBLE ACTION
6. City of Schertz Board of Adjustment By-Laws - Discussion and possible
action regarding approving the revised City of Schertz Board of Adjustment By-
Laws. (T. Rhodes)
Mayor Pro-Tern Wilenchik recognized Planning Manager Thomas Rhodes who
introduced this item answering questions from Council. Mr. Rhodes stated that
the Board of Adjustment had approved the proposed By-Laws. Mayor Pro-Tem
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Wilenchik stated that there was one recommended change that needs to be made
regarding the word "qualified"; he stated that the word needs to be removed and
changed to "registered".
Mayor Pro-Tern Wilenchik recognized Council Member Trayhan who moved,
seconded by Council Member Scagliola to approve the revised City of Schertz
Board of Adjustment By-Laws as recommended by the Board of Adjustment
Board with the change from "qualified" to "registered". Vote was unanimous.
Motion Carried
7. City of Schertz Sweetheart Committee - Discussion and possible action
regarding appointment of the City of Schertz Sweetheart Committee Members.
(E. Matlock)
Mayor Pro-Tern Wilenchik recognized Economic Development Chair Steve White
who introduced this item answering questions from Council.
Mayor Pro-Tern Wilenchik recognized Council Member Scagliola who moved,
seconded by Council Member Fowler to approve the appointment of:
Brad Bailey
Alice Jewell
Aimee Bailey
Michele Kelso
Patti Riordan
Erin Matlock
Susan Hartzog
David Harris
Council Member David Scagliola (Liaison)
Vote was unanimous. Motion Carried.
8. Venue Tax Proposition - Discussion and possible action regarding the City of
Schertz proposing a Venue Tax proposition on the November 4, 2008 ballot. (D.
Harris/M. Spain)
Mayor Pro-Tern Wilenchik recognized Assistant City Manager David Harris who
explained what a venue tax is used for. Mr. Harris stated that he had received
information from the City Attorney that this item would not be able to be
considered for the November 4, 2008 ballot due to timelines and issues that the
City needed to do prior to proposing the proposition.
No action taken.
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ANNOUNCEMENTS - CITY MANAGER AND STAFF
. General Announcements on meetings/events attended and upcoming events
Mayor Pro-Tern Wilenchik recognized City Manager Don Taylor who read a letter he
recently received from the Unites States Postal Service again denying the request to
change the zip code of78108 to 78154.
Mayor Pro-Tern Wilenchik recognized Assistant City Manager John Bierschwale who
announced how excited he is that Disney is a new sponsor for Schertz Fest.
EXECUTIVE SESSION
Called under Section 551.071 Litigation, pending litigation; Section 551.072 Texas
Government Code - Deliberation regarding the purchase, exchange, sale, lease, or
value of real property.
Mayor Pro-Tern Wilenchik adjourned the regular meeting into Executive Session at 7:49
p.m.
RECONVENE TO REGULAR SESSION
Mayor Pro-Tern Wilenchik reconvened into regular session at 9: 18 p.m.
9. Take any action deemed necessary as a result of the Executive Session.
Mayor Pro-Tern Wilenchik recognized Council Member Scagliola who moved,
seconded by Council Member Trayhan to accept a condemnation court awarded
price of $36,500 for a permanent sewer line easement and temporary construction
easement from Cynthia Hernandez and William Bailey, successors to William
Henderson for the Town Creek Sewer Line Project. Vote was unanimous. Motion
Carried.
Mayor Pro-Tern Wilenchik recognized Council Member Scagliola who moved
seconded by Council Member Trayhan. to pay the unpaid School District and
Guadalupe County property taxes totaling approximately $1200 and forgive the
unpaid City taxes totaling approximately $300 on the property conveyed by the City
to the U.S. Postal Service for the new Schertz Post Office on Elbel Road. Vote was
unanimous. Motion Carried.
Mayor Pro-Tern Wilenchik recognized Council Member Fowler who moved,
seconded by Council Member Carpenter to pay $5,000 to Jeanette Rowland
Kindla to acquire Lot 7, Block 31 of Live Oak Hills Subdivision, and pay all
closing costs, and that the City dismiss pending condemnation proceedings
relating to such property upon closing such sale. Vote was unanimous. Motion
Carried.
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Mayor Pro-Tern Wilenchik recognized Council Member Fowler who moved,
seconded by Council Member Trayhan to pay $5,000 to the Harris L. Gouner
Trust to acquire Lot 5, Block 32 of Live Oak Hills Subdivision, and pay all
closing costs, and that the City dismiss pending condemnation proceedings
relating to such property upon closing such sale. Vote was unanimous. Motion
Carried.
ADJOURNMENT
As there was no further action, Mayor Pro-Tern Wilenchik adjourned the meeting at 9:22
p.m.
Hal Baldwin, Mayor
ATTEST:
B\~~ Gi\\Jn0J
Brenda Dennis, TRMC, CMC City Secretary
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August 12, 2008