11-02-10 MINUTES
REGULAR MEETING
November 2, 2010
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
November 2, 2010, at 6:00 p.m., in the Municipal Complex Council Chambers, 1400 Schertz
Parkway, Building #4, Schertz, Texas. The following members present to-wit:
Mayor Hal Baldwin Mayor Pro Tem Cedric Edwards
Councilmember Jim Fowler Councilmember David Scagliola
Councilmember George Antuna Councilmember Michael Carpenter
City Manager Don Taylor Assistant City Manager John Bierschwale
Assistant City Manager David Harris City Attorney Michael Spain
City Secretary Brenda Dennis
CALL TO ORDER REGULAR MEETING
Mayor Baldwin called the meeting to order at 6:00 p.m.
INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED
STATES AND STATE OF TEXAS.
Councilmember Fowler gave the invocation followed by the Pledges of Allegiance to the Flags
of the United States and State of Texas.
EMPLOYEE RECOGNITION AND PROMOTIONS
• Lt. John Perry, Deputy Fire Marshal (D. Covington)
Mayor Baldwin recognized Assistant Fire Chief/Fire Marshall Glen Outlaw who introduced
newly promoted Lt. John Perry as Deputy Fire Marshall. Mayor, Council, and Staff
congratulated Lt. Perry on his accomplishments.
PRESENTATIONS
• Presentation/discussion and possible action regarding Historic Designation
criteria/process and specific designation recommendations (Historic Neighborhood and
Historic Landmark) Dean Weirtz
Mayor Baldwin recognized Historical Preservation Committee Chair, Dean Weirtz who
gave a PowerPoint presentation covering the following:
- Application for Historical Designation
Schertz Unified Development Code (UDC)
Section 21.3.6. (Boards and Commissions)
Section 21.4.9 (Designation of Historic Landmarks, Creation of Historic
Districts, and Certificates of Appropriateness)
SHPC Historic Designation Vote dated 6/22/10
11-02-10 Minutes
Mr. Weirtz stated that action requested of Council is to approve the submitted application
for Heritage Neighborhood designation and for a Historic Landmark Property
. Designation. Mr. Weirtz answered questions from Council.
The City Attorney will describe a possible amendment to the UDC to implement
such Historic designations.
Mayor Baldwin recognized City Attorney Michael Spain who provided the following
information as a result of Mr. Weirtz presentation:
• The two suggested designations would not restrict the owners in anyway.
• Plaque of designation (who will pay for the Plaque) minimal cost
• His recommendation is to approve the two above designations.
• Prepare and amend the UDC Section 21.49 to expand giving greater definition of the
duties of the Historic Commission, giving guidance for what Historic Commission should
be working on; Definitions to define Heritage Neighborhood designation and Historic
Landmark Concept as well as Historic District.
• Historic District concept is much more involved and will require those types of property
owners to be actively involved in the designation, and would involve some restrictions on
their property. This Historic District Designation will be researched and brought back to
Council at a later time.
r
• Suggest designating a City staff member as the Preservation Officer to be a link with the
Historic Commission, Council, and City Managers office.
• Any changes to the UDC will be started next year.
Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Mayor
Pro-Tem Edwards to approve the Heritage Neighborhood application and Historic
Landmark application as presented. The vote was unanimous. Motion Carried.
Mayor and Council thanked the Historical Commission for all the work they are doing.
HEARING OF RESIDENTS
Mayor Baldwin recognized the following citizens:
• Ms. Jean Heide, 3126 Manila, San Antonio, Member of the Selma Historical Foundation
who presented Mayor, Council, and staff with an old post card from Mr. Robert Bremer
of Bracken with a photo of main street Schertz, Texas dated February 3, 1910, which was
mounted.
• Mr. Robert Brockman, 1000 Elbel, who thanked the City staff for the curb improvement
on Schertz Parkway.
Mayor Baldwin recognized Mayor Pro-Tem Edwards who asked if agenda items 1, 2; and 5
could be put on consent as these were self explanatory and moved to do so, seconded by
11-02-10 Minutes Page - 2 -
Councilmember Scagliola. Mayor Baldwin asked members of Council if they had any problems
with doing so. Mayor Baldwin recognized Councilmember Fowler who asked that agenda item
1 regarding the sale of the general obligation bonds be pulled from the consent agenda.
Mayor Baldwin recognized Mayor Pro-Tem Edwards who amended his motion to include
agenda items 2 and 5 on consent, seconded by Councilmember Scagliola.
CONSENT AGENDA ITEMS
2. Minutes -Consideration and/or action regarding the approval of the minutes of the Regular
Meeting of October 12, 2010 and the Regular Meeting of October 19, 2010.
5. Resolution No. 10-R-68 -Consideration and/or action approving a resolution authorizing a
second amendment to Tower Lease Agreement with San Antonio MTA, L.P., D/B/A
Verizon Wireless. (M. Spain)
Mayor Baldwin recognized City Attorney Michael Spain who stated that since the Council
received their information on item 5 there was a slight change in the dollars regarding back
rent due, the new amount is $6,486.35 and he will provide a corrected resolution reflecting
that amount.
Mayor Baldwin recognized Mayor Pro-Tem Edwards who moved, seconded by
Councilmember Scagliola to approve on consent agenda items 2 and 5. The vote was
unanimous. Motion CaNried
Discussion and/or Action Items
1. Ordinance No. 10-8-36 -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 Refunding Bonds, Series 2010", 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, a Purchase Contract, and an Escrow Deposit Letter; complying with the
provisions of the Depository Trust Company's Letter of Representations; and providing an
effective date. First and Final Reading (Mark McLiney)
Mayor Baldwin recognized Financial Advisor Mark McLiney who introduced this item
stating that on August 17, 2010 the Council was briefed regarding the possibility of
refinancing the City's current outstanding General Obligation Bonds to generate annual
debt service savings due to the lower interest rate environment. At that time, City Council
authorized them to proceed. Based upon today's interest rates a new Refunding Bond
would save the City approximately $315,937.50 over a period of approximately ten years
or between $31,000 and $32,000 per year. Staff recommends authorizing the Refunding
Bonds in order to lock in the savings.
Mayor Baldwin recognized City Attorney Michael Spain who stated that this item is for
first and final reading.
11-02-10 Minutes Page - 3 -
Mayor Baldwin recognized Councilmember Fowler who moved, seconded by
Councilmember Scagliola to approve first and final reading of Ordinance 10-B-36,
authorizing the Refunding Bonds. The vote was unanimous. Motion Carried
3. Ordinance No. 10-A-33 -Consideration and/or action approving an Ordinance relating to {
the annexation of approximately 365 acres located north and south of Interstate 35,
from the current corporate boundary of the City east to the outer boundary of the City's
extraterritorial jurisdiction, all in Guadalupe County, Texas or Comal County, Texas. First
Reading (M. Spain/M. Sanchez)
Mayor Baldwin recognized City Attorney Michael Spain who introduced this item stating
that this ordinance provides for the annexation of approximately 316+/- acres (out of
1442.27 acres originally proposed for annexing) of land north and south of Interstate 35
along the City's northeastern boundary in Comal and Guadalupe Counties. Seventeen
owners elected to accept the City's Development Agreement delaying the annexation for
ten (10) years. Four tracts are expected to be released to the City of New Braunfels for
annexation by the end of 2011 (otherwise the properties revert to Schertz), and one tract is
expected to be developed pursuant to a separate Development Agreement. After the
development agreement time frame ends the fiscal impact of the annexed property will be
$111,000 in ad valorem taxes and $47,000 in sales taxes added to the tax rolls and the City
will be responsible for providing municipal services to that property. The timeline is as
follows:
September 28, 2010 -First Public Hearing
October 5, 2010 -Second Public Hearing
November 2, 2010 -First Reading of the Ordinance
November 9, 2010 -Final Reading of the Ordinance
Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by Mayor
Pro-Tem Edwards to approve first reading of Ordinance 10-A-33, relating to the annexation
of approximately 316 acres located north and south of Interstate 35, from the current
corporate boundary of the City east to the outer boundary of the City's extraterritorial
jurisdiction, all in Guadalupe County, Texas or Comal County, Texas. The vote was
unanimous. Motion Carried
4. Ordinance No. 10-A-34 -Consideration and/or action approving an Ordinance relating to
the annexation of approximately 62 acres located immediately north of Interstate
Highway 10 and between Trainer Hale Road and Cibolo Creek, all in Bexar County, Texas.
First Reading (M. Spain/M. Sanchez)
Mayor Baldwin recognized City Attorney Michael Spain who introduced this item stating
that this ordinance provides for the annexation of approximately 62 acres (out of 195
acres originally proposed for annexing) of land North of Interstate 10 between Trainer Hale
Road and Cibolo Creek in Bexar County. Two owners elected to accept the City's
Development Agreement. After the development agreement time frame ends the fiscal
impact of the annexed property will be $13,100 in ad valorem and $0 in sales taxes added
to the tax rolls and the City will be responsible for providing municipal services to that
property. The timeline is as follows:
September 28, 2010 -First Public Hearing
11-02-10 Minutes Page - 4 -
October 5, 2010 -Second Public Hearing
November 2, 2010 -First Reading of the Ordinance
November 9, 2010 -Final Reading of the Ordinance
Mayor Baldwin recognized Councilmember Fowler who moved, seconded by
Councilmember Scagliola to approve first reading of Ordinance 10-A-34, relating to the
annexation of approximately 62 acres located immediately north of Interstate 10 and
between Trainer Hale Road and Cibolo Creek, all in Bexar County, Texas. The vote was
unanimous. Motioiz Carried
6. Discussion and possible action concerning appointments for City Representatives on
the new Water Local Government Corporation.
- Appointment of Director
- Appointment of ExOfficio (a Member of City Council)
Mayor Baldwin stated that this item had been withdrawn from the agenda to allow
Council to submit a list of names.
Mayor Baldwin adjourned into executive session at 6:50 p.m.
EXECUTIVE SESSION
Called under Section 551.071 Texas Government Code Litigation, pending litigation; Section
551.072 Texas Government Code -Deliberation regarding the purchase, exchange, sale,
lease, or value of real property; and Section 551.074 the appointment, employment,
evaluation, reassignment, duties, discipline, or dismissal of the City Secretary.
RECONVENE TO REGULAR SESSION
Mayor Baldwin reconvened into regular session at 8:00 p.m.
7. Take any action deemed necessary as a result of the Executive Session.
No Action taken.
Requests and Announcements
8. Requests by Mayor and Councilmembers that items be placed on a future City Council
agenda.
No items given.
9. Requests by Mayor and Councilmembers to City Manager and Staff for information.
Mayor Baldwin recognized Councilmember Fowler who asked for information regarding
the possibility of turning on the lights in neighborhoods that have walking paths as well
as parks with walking paths. Assistant City Manager David Harris stated that he would
look into this a get back with Councilmember Fowler.
10. Announcements by Mayor and Councilmembers
11-02-10 Minutes Page - 5 -
_
• City and community events attended and to be attended
• City Council Committee and Liaison Assignments (see assignments below)
• Continuing education events attended and to be attended
• Recognition of actions by City employees '
• Recognition of actions by community volunteers
• Upcoming City Council agenda items
Mayor Baldwin recognized the following Councilmembers:
• Mayor Pro Tem Edwards who thanked City Staff for their assistance in registration for
the recent TML Conference in Corpus Christi. Mayor Pro-Tem Edwards stated that there
were several sessions during the conference he attended that were very beneficial to him.
• Councilmember Fowler echoed the sentiments of Mayor Pro-Tem Edwards as it was a
very informative conference.
• Councilmember Scagliola stated he also attended TML and it was a learning experience,
he thanked City Staff for setting up the Schertz Booth and mentioned it was well visited.
Councilmember Scagliola also stated that he recently was a judge at the Baptist Church
Chili cook-off.
• Councilmember Antuna stated he attended the Greater San Antonio Chamber of
Commerce luncheon on Thursday, where Senator Kay Bailey Hutchison was the keynote
speaker.
• Mayor Baldwin stated he also attend the TML Conference in Corpus Christi and stated
that in the packet they received was a CD with all the backup on the sessions and if ~
anyone would like a copy to please see staff.
11. Announcements by City Manager
¦ Recognition of City employee actions
¦ New Departmental initiatives
None given.
ADJOURNMENT
As there was no further action, Mayor Baldwin adjourned t meetin at 8:11 p.m.
C
M yor
ATTEST:
en a Dennis, TRMC, CMC City Secretary c
11-02-10 Minutes Page - 6 -