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08-04-09 MINUTES REGULAR MEETING August 4, 2009 A Workshop and Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on August 4, 2009 at 5:30 p.m., in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to-wit: Mayor Hal Baldwin Councilmember David Scagliola Councilmember John Trayhan Councilmember Tony Wilenchik Staff Present: City Manager Don Taylor Assistant City Manager John Bierschwale Assistant City Manager David Harris City Secretary Brenda Dennis Mayor Pro-Tem Jim Fowler and Councilmember Michael Carpenter were absent. CALL TO ORDER: WELCOME /OVERVIEW: 1. Presentation and discussion of the FY 2009/2010 Budget. (Staff) Mayor Baldwin called the Workshop to order at 5:30 p.m. and recognized City Manager Don Taylor who briefed the Council stating that this is the first of several meetings scheduled for the Council to discuss the proposed budget and to ask questions. Mr. Taylor stated that this year staff has prepared the budget in a format that is easier to follow. Mr. Taylor introduced Assistant City Manager David Harris who gave a brief Power Point presentation going over the following: All Funds -Revenues General Fund $18,127,770 Special Events Fund $ 176,544 Water & Sewer Fund $15,042,703 EMS Fund $ 6,705,686 Drainage Fund $ 665,070 Hotel Tax $ 417,810 Park Fund $ 39,100 Recycling Fund $ 46,000 Capital Recovery $ 4,555,002 I&S Fund $ 3,848,107 Parks & Rec Foundation $ 175,715 SEDC $ 2,183,000 Grand Total $51,982,507 8-4-09 Minutes All Funds -Expenses General Fund $17,962,656 Special Events Fund $ 169,344 Water & Sewer Fund $15,039,024 EMS Fund $ 6,565,398 Drainage Fund $ 663,433 Hotel Tax $ 370,319 Park Fund $ 33,500 Recycling Fund $ 46,000 Capital Recovery $ 4,555,002 I&S Fund $ 3,567,242 Parks & Rec. Foundation $ 175,000 SEDC $ 1,937,196 Grand Total $51,084,114 Property Values • 2008 Tax Ro11= $1,926,528,474 • 2009 Tax Roll= $2,064,679,940 • 6% Increase $0.4090 Includes • CAD $208,000 • Current positions, 316 Total • Health Insurance increase of 9% • Includes creation of the Parks & Recreation Foundation • Senior Deputy Court Clerk • Crescent Bend Park Proposed $0.4342 Adds • $113,317 Facilities Maintenance 3 FTEs (1 F/T and 4 P/T) • $ 54,685 Library 6 P/T positions and reclassifications • $ 41,202 Library Equipment (video conferencing equipment, barcode scanners, INCODE cash register, laptops for classes) • $ 16,970 Crescent Bend Park Foreman Regrade • $247,395 Cost of Living Adjustments 2% • $165,000 Added to Fund Balance • $638,569 Total Property Tax Rate Rollback 0.4343 Proposed 0.4342 Effective 0.4156 Current 0.4090 8-4-09 Minutes Page - 2 - New Improvements • Library Staffing • Crescent Bend Park • Soccer Fields • Senior Center (Planning Stage) New Personnel • 1 Senior Deputy Court Clerk • 1 Parks Forman Reclassification • 1 Full Time Facilities Maintenance Worker • 4 Part Time Facilities Maintenance Worker • 6 Part Time positions for the new Library • 4 Library Technician Reclassifications Mr. Harris stated the FY2009-10 proposed budget is balanced structurally, conservative, and fiscally responsible, follows financial policies, maintains current service levels and focuses on priorities. Mr. Harris stated that the Council will take a record vote on the tax rate at their meeting of August 11, 2009. After the Record Vote, the governing body must then schedule two (2) Public hearings at which the proposed tax rate will be considered. Aone-quarter page "Notice of Public Hearing on Tax Increase" must be published in the local newspaper. The notice will contain information based upon a preliminary tax rate to be determined by the City Council. Further, another record vote will have to be taken on the proposed rate prior to final adoption of the tax rate ordinance. Staff is recommending a rate of $0.4342 (0.2842 for M & O and 0.1500 for I & S). This rate exceeds the effective tax rate of $0.4156. ADJOURNMENT WORKSHOP: Mayor Baldwin adjourned the workshop at 6:25 p.m. CALL TO ORDER REGULAR MEETING Mayor Baldwin called the meeting to order at 6:37 p.m. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND STATE OF TEXAS. Councilmember Scagliola gave the invocation followed by the Pledges of Allegiance to the Flags of the United States and State of Texas. HEARING OF RESIDENTS Mayor Baldwin recognized Assistant Economic Development Director Jeff Jewell who briefed Council on the upcoming Schertz Downtown Planning Forum being scheduled with the businesses. 8-4-09 Minutes Page - 3 - Mayor Baldwin recognized the following citizens: • David Richmond, Planning & Zoning Commission Chair, who spoke against ~ using the Tree Mitigation Fund to fund the landscaping needs for the Library, Visitors Center, and Schertz Parkway. • Robert Brockman, 1000 Elbel Road, who spoke on the disposition of City assets i.e., old bookshelves from the Library. Discussion and/or Action Items • Use of Speed Control Devices -General discussion and possible action regarding the use of Speed Control Devices. (L. Dublin) (Requested by Councilmember Scagliola) Mayor Baldwin recognized City Engineer Larry Dublin who briefed the Council on options available for controlling speed in subdivisions with the City of Schertz answering questions from Council. Mr. Dublin stated the following three (3) major points: (1) Proactive planning and design for future developments; (2) Speed control devices have limited utility; (2) Education and enforcement are the most practical ideas. 1. Minutes -Discussion and consideration and/or action regarding the approval of the minutes of the July 28, 2009 regular meeting. Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Councilmember Scagliola to approve the minutes of the regular meeting of July 28, 2009. Vote was unanimous. Motion Carried. 2. Utility Billing Write-Offs -Consideration and/or action approving the Utility Billing Write-Offs. (C. Spence). Mayor Baldwin recognized Business Office Manager Carol Spence who introduced this item stating per City Policy, Utility Billing is to bring uncollectible debt to City Council throughout the year. For uncollectible debt, we are to write the debt off after 180 days of non-payment. To ensure that our outstanding receivables are current, we are requesting to write-off $1,780.28 of uncollectible Water, Sewer, Garbage, and Drainage Accounts. The amounts included in this request are for the period of November 1, 2008 through January 31, 2009. All collection efforts have been exhausted. Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Councilmember Wilenchik to approve the Utility Billing write-off in the amount of $1,780.28. Vote was unanimous. Motion Carried. 3. Bexar Metro 9-1-1 Proposed Budget -Presentation and consideration and/or action on the Bexar Metro 911 District Fiscal Year 2010 proposed budget. (D. Wait) 8-4-09 Minutes Page - 4 - Mayor Baldwin recognized EMS Director Dudley Wait who introduced this item stating Bexar Metro 911 was formed by legislation in 1985. This legislation created a high quality, three county-wide Enhanced 911 service through implementation of emergency communication districts. The agency has been working towards this goal ever since and today; we enjoy a very reliable, high quality single emergency number system. Over the years, the agency has traditionally utilized its revenue to not only build this system, but to also assist local public safety agencies across the tri-county area with equipment and training. Unfortunately, this has not been the case over the last 5 to 7 years, when the agency has limited its spending to only supplying hardware and software to Public Safety Answering Points (PSAP) such as Schertz PD Dispatch. Mr. Wait stated that for the last three years, the City has voted to disapprove or take no action on the Bexar Metro 911 budget. The city in cooperation with our he 2 million of t surrounding cities has made proposals for utihzmg approximately $ Bexar Metro 911 reserves to help improve and strengthen our regional radio system. These proposals have been denied on every occasion. After last year, we met with William Buchholtz, the Executive Director at Bexar Metro. During this discussion, we were told that it is difficult for a tri-county agency to spend a large amount of money to improve a small regional system while not spending any dollars on the larger regional system. He explained that if we could work to build the two systems into one then money could possibly be allocated to assist in upgrading the larger system as a whole. Since this time, we have been in discussions with the City of San Antonio and Live Oak to begin this process. Both agencies agree that our radio coverage must be improved before any merger can occur. As of this date, paperwork is being developed and a budget is being prepared that will not only improve our coverage but will also upgrade all radio equipment currently on the Live Oak system to make it compatible with the City of San Antonio system. It is the intent of the City of San Antonio to work with Live Oak and Schertz to go to the Bexar Metro 911 Board of Directors with this budget to obtain funding to accomplish this merger. Mr. Wait stated that with an increase in reserves of $6,039,021 in FY 2008 and a forecasted increase in reserves of $5,958,197 in FY 2009 on top of reserves in excess of $26M; the funding of this system upgrade, with the cooperation of the Northeast Partnership cities, San Antonio and Bexar County is almost a certainty. Mr. Wait stated staff believes that City Council should either approve this budget or elect to take no action. Mr. Wait stated that although there is no planned expenditure for enhancing our radio system, the increasing reserves and the planned upgrade of our 911 technology are two facets of this budget that will improve our public safety capabilities in the next fiscal year. Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Councilmember Wilenchik to approve the Bexar Metro 911 District proposed FY 2010 budget. Vote was unanimous. Motion Carried. 8-4-09 Minutes Page - 5 - 4. Bid # 09-PW-24-C-01 -Relocation of Water, Sewer and Lift Station on FM 3009 -Consideration and/or action awarding a bid to Holloman Corporation in the amount of $1,010,086.00. (L. Dublin) Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item answering questions from Council. Mr. Dublin stated that this project is required by TxDOT as part of the Overpass Construction and widening of FM 3009. This project was bid on July 29, 2009 with three (3) contractors submitting. A tabulation of the bids was attached showing the low bidder to be Holloman Corporation with a base bid of $1,037,086.00 and a $27,000.00 deductive alternate bid item for the use of a fiberglass wet well in lieu of Precast Concrete with liner. Accepting the alternate yields a bid amount of $1,010,086.00. He stated that as bid, the project consists of relocating water and sewer lines along FM 3009 and construction of a new lift station adjacent to SE Freight Lines. Mr. Dublin recommends that Council award the bid for the Relocation of Water, Sewer and Lift Station on FM 3009 to Holloman Corporation in the amount of $1,010,086.00. Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Councilmember Wilenchik to award a bid to Holloman Corporation for the relocation of the water, sewer and Lift Station on FM 3009 in the amount of $1,010,086.00. Vote was unanimous. Motion Carried. 5. Bid #09-PW-25-C-02 - Town Creek Sewer Lift Station Construction - Consideration and/or action awarding a bid to Pesado Construction Company in the amount of $1,437,592.65. (L. Dublin) Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item answering questions from Council. Mr. Dublin stated this is the third phase of the Town Creek Sewer Project consisting of the construction of two sewage lift stations to bring sewer from the West side of IH 35 to the gravity line that was constructed in 2008. This project was bid on July 23, 2009 with nine (9) contractors submitting. A tabulation of the bids was attached showing the low bidder to be Pesado Construction Company with a base bid of $1,437,592.65. Alternate bids were taken for the use of HDPE pipe in lieu of PVC however; this would result in a higher unit price for the project and was not taken with the force main contract. Mr. Dublin stated that as bid, the project consists of construction of the lift station at Friesenhahn Road and FM 482 and the lift station at the GBRA (Guadco MUD) treatment plant site at FM 1103 and IH 35. The Engineer's estimate for this project was $1,836,592.10. Mr. Dublin concurs with the Ford Engineering Inc. recommendation that Council award the bid for the Town Creek Sewer Lift Station Construction Project to Pesado Construction Company in the amount of $1,437,592.65. Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by Councilmember Trayhan to award the bid for the Town Creek Sewer Lift Station . 8-4-09 Minutes Page - 6 - Construction to Pesado Construction Company in the amount of $1,437,592.65. Vote was unanimous. Motion Carried 6. Bid #09-PW-25-C-OS - Northcliffe Street Reconstruction - Phase I - Consideration and/or action awarding a bid to Wagner Materials & Construction in the amount of $647,272.65. (L. Dublin) Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item answering questions from Council. Mr. Dublin stated as part of the 2006 Street Bond Election, the City designated funding for rehabilitation of Northcliffe Streets. The Reconstruction of Morning Drive, Cliffside Drive and Stoneybrook Drive is the second project in this area. The project was bid on July 23, 2009 with fourteen (14) contractors submitting. A tabulation of the bids was attached showing the low bidder to be Wagner Materials & Construction with a bid of $647,272.65. As bid, the project consists of construction of new sidewalks, new curbs, driveways and a new pavement section. The Engineer's estimate was $1,220,225.00. The City Engineer concurs with Ford Engineering Inc. recommendation that Council award the bid for the Northcliffe Street Reconstruction Phase I Project to Wagner Materials & Construction, in the amount of $647,272.65. Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by Councilmember Wilenchik to award the bid for the Northcliffe Street Reconstruction - Phase I project to Wagner Materials & Construction in the amount of $647,272.65. Vote was unanimous. Motion Carried 7. Sid # 09P-26-S-O1 -Landscaping Installation Services at the Public Library, Visitor Center and Schertz Parkway -Consideration and/or action authorizing and awarding bids to fund and install landscaping at the new Library, Visitor's Center and Schertz Parkway. (G. Logan) Mayor Baldwin recognized Parks and Recreation Director George Logan who introduced this item answering questions from Council. Mr. Logan stated the City of Schertz Department of Parks Recreation and Community Services is requesting the approval of the City Council authorizing funds. for the installation of landscaping from the Tree Mitigation Fund 317 for landscaping to be completed at the Schertz Public Library, the Visitor's Center and Schertz Parkway. Bids were received from local area contractors were as follows: Schertz Public Library: Big Foot Turfgrass Farms: $41,167.00 Schertz Visitors Center: Preferred Landscape & Lighting: $ 8,912.00 Schertz Parkway Islands: Landscape of Texas $ 5,737.50 Total Landscaping: $ 55,816.50 Tree Mitigation Fund Balance as of 7-22-09: $271,500.00 Landscaping Project: <$55,816.50> Tree Mitigation Fund 317 Balance: $215,683.50 8-4-09 Minutes Page - 7 - Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Councilmember Wilenchik to award the bids to fund and install landscaping at the new Library to Big Foot Turfgrass Farms in the amount of $41,167.00, the Visitors Center to Preferred Landscaping & Lighting in the amount of $8,912.00 and Schertz Parkway to Landscape of Texas in the amount of $5,737.50 for total amount of $55,816.50. Vote was unanimous. Motion Carried 8. Ordinance No. 09-E-31 -Consideration and/or action approving Ordinance No. 09-E-31 calling anon-binding referendum to be held in the City of Schertz, Texas on November 3, 2009 concerning the City's Curbside Recycling Program, making provision for the conduct of the non-binding referendum; and resolving other matters incident and related thereto. First Reading (B. Dennis) Mayor Baldwin recognized City Secretary Brenda Dennis who introduced this item stating that she received more information from Sue Basham, the Elections Administrator, regarding information on the upcoming November 3, 2009 Joint Election. Ms. Dennis stated that we might want to add language to the ordinance that says we will be running with the County and using the County's polling locations just to clarify the reason our ballot will be going everywhere. She also stated that we might want to add language in the ordinance to put a provision in that the locations listed on the exhibits are subject to change dependent upon the Counties polling locations. Mayor Baldwin recognized Councilmember Wilenchik who moved, seconded by Councilmember Trayhan to approve Ordinance No. 09-D-31 first reading incorporating the changes as mentioned by Ms. Dennis for final reading. Vote was unanimous. Motion Carried 9. Ordinance 09-M-32 -False Alarm Notification -Consideration and/or action approving an Ordnance amending Section 50.162 (a) (e), False Alarm Notification; providing an effective date; and providing a repealing clause. First and Final reading (M. Harris) Mayor Baldwin recognized Police Chief Steve Starr who introduced this item answering questions from Council. Chief Starr stated a review of the false alarm ordinance was conducted; the ordinance did not reflect the current method of billing for false alarms and is necessary to correct. Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Councilmember Scagliola to approve Ordinance No. 09-M-32 first and final reading. Vote was unanimous. Motion Carried 10. Ordinance 09-D-33 -Temporary Construction Speed Limit -Consideration and/or action approving an Ordinance for extending a temporary construction speed limit on FM 3009 North and Southbound Directions between Mile Point 4.688 and Mile Point 4.527 and Between Mile Point 23.663 and Mile Point 23.012. First Reading (L. Dublin) 8-4-09 Minutes Page - 8 - Mayor Baldwin recognized City Engineer Larry Dublin who stated that as you recall in May 2008 the City received a request from TxDot requesting a temporary speed limit reduction for cone-half mile section of FM 3009 in order to increase safety for their project. The project consisted of constructing two roadway bridges over the two U.P.R.R. tracks located between IH 35 and FM 2252. The City complied bypassing an Ordinance. Then on January 12, 2009 the City of Schertz received another letter from the Texas Department of Transportation TxDot) requesting a temporary speed limit reduction fora 1.2 mile section of FM 3009 in order to increase safety for an upcoming roadway construction project. This is an extension of the project. On July 29, 2009, we received a further request for a construction speed zone of 45 mph in the existing 55 mph regulatory speed zone (from approximately 1478 feet north of Tri County Rd to approximately 850 feet south of the Guadalupe County Line). This will extend the existing construction speed zone south for a total additional 3152 feet (essentially eliminating the existing 55 mph zone during the construction project). The project consists of constructing the roadway between IH 35 and 1.212 miles West of IH 35. TxDot is requesting the speed limit to be reduced from 55 mph to 45 mph, in both Northbound and Southbound directions, between Mile Point 4.688 and Mile Point 4.527 and between Mile Point 23.663 and Mile Point 23.012 basically from the FM 2252 to IH 35. The project is scheduled to start September 2009 and construction should end around January 2013. The speed limit reduction would be needed for the entire duration of construction, approximately 30 months. Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Councilmember Scagliola to approve Ordinance No. 09-D-33 first reading. Vote was unanimous. Motion Carried EXECUTIVE SESSION Council did not meet. 11. Take any action deemed necessary as a result of the Executive Session. No action taken. Requests and Announcements 12. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No requests given. 8-4-09 Minutes Page - 9 - 13. Requests by Mayor and Councilmembers to City Manager and Staff for information. Mayor Baldwin recognized Councilmember Scagliola who asked if staff could provide information on the possibility of acquiring right-of--ways to allow Country Club Boulevard to be connected with Green Valley. City Manager Don Taylor stated that any savings or money left over from the bids would be going toward the Aviation Heights area and the older part of town. 14. Announcements by Mayor and Councilmembers • 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 Councilmembers Scagliola and Trayhan who stated they had recently attended the Schertz Artz Exhibit and gave credit to staff for such a great event. Mayor Baldwin also echoed their remarks stating it was a great event. 15. Announcements by City Manager • Recognition of City employee actions • New Departmental initiatives No Announcements were given. ADJOURNMENT As there was no further action, Mayor Baldwin adjourned e meeting at 7:59 p.m. Hal Baldwin, Mayor ATTEST: Brenda Dennis, TRMC, CMC City Secretary 8-4-09 Minutes Page -10 -