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08-25-09MINUTES REGULAR MEETING August 25, 2009 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on August 25, 2009 at 6:30 p.m., in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to -wit: Mayor Hal Baldwin Mayor Pro -Tem Jim Fowler Councilmember David Scagliola Councilmember John Trayhan Councilmember Michael Carpenter Councilmember Tony Wilenchik was absent. Staff Present: 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 6:30 p.m. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND STATE OF TEXAS. Mayor Pro -Tem Fowler gave the invocation followed by the Pledges of Allegiance to the Flags of the United States and State of Texas. HEARING OF RESIDENTS No ones spoke. Presentation • Report to Council by Paul Marsh, Guadalupe Advocacy Center. Mayor Baldwin recognized Mr. Paul Marsh, Director of the Guadalupe Advocacy Center who briefed Council on the activities of the center. Mr. Marsh stated that the Advocacy Center hosts a monthly multidisciplinary team meeting with our partner agencies, including Schertz Police Department, to discuss each case that comes through our organization. These meetings are designed to share vital information regarding crimes against children and to make sure that each child receives the vital services that they need to begin the healing process. The board of directors of the Advocacy Center recently approved a $270,000 budget for fiscal year 2009 -10. With that budget, we employ five (5) people (4 FTE). The paid employees are supplemented by over 30 volunteers providing more 8 -25 -09 Minutes than 1,000 hours of service annually. The board of directors has also approved a new strategic planning effort for which the Advocacy Center just received a grant to accomplish. This fall the board of directors, staff, team members, volunteers, and other stakeholders will work to plan the next three years for our organization, making sure that the focus of all of our efforts is the health and wellbeing of children traumatized by abuse. I am thrilled to announce that George Antuna was recently elected to the Advocacy Center board for a two -year term beginning in September 2009. Mr. Marsh stated the center remains grateful for the generous financial support of the City of Schertz since our inception, for the partnership of the Schertz Police Department and Chief Starr, and for the community members like Bob Brockman who has spent countless hours working behind the scenes at the Advocacy Center. Mayor Baldwin and Council thanked Mr. Marsh for their work. 1. Minutes - Consideration and /or action regarding the approval of the minutes of the Regular Meeting of August 18, 2009. Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Mayor Pro -Tern Fowler to approve the minutes of the regular meeting of August 18, 2009 with the correction given to Council changing Val to Viola. Vote was Vote 3 -0 -1. Councilmember Trayhan abstained. Motion Carried. 2. Resolution No. 09 -R -41 — Consideration and /or action on approving a resolution authorizing the extension of park hours, extension of noise hours and parking for the First annual Schertz "Absolute JaZZ and MovieZ In The Park" event. (G. Logan) Mayor Baldwin recognized Parks and Recreation Director George Logan who introduced this item stating The City of Schertz, Time Warner, and the Community Fine Arts Network (CFAN), along with many volunteers, will be hosting and working the First Annual "Absolute JaZZ and MovieZ In The Park" on September 12, 2009. Event attendees, volunteers and city staff working the Pickrell Park event will possibly be in the park beyond the curfew hours of 11:00 p.m., closing down the mobile stage and taking down the inflatable movie screen needed for the event. Mr. Logan stated this resolution would waive the park curfew hours, noise ordinance restrictions, and the parking of motorized vehicles for the volunteers for the hours from 11:00 p.m. to 1:00 a.m. in the early morning hours of September 13, 2009. Several important support operations need to happen after the event. These operations and this resolution will allow the First Annual "Absolute JaZZ and MovieZ in The Park" event to be as successful as planned, similar to past city- sponsored events held at Pickrell Park. Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by Councilmember Trayhan to approve Resolution No. 09 -R -41. Vote unanimous Motion Carried. 8 -25 -09 Minutes Page - 2 - 3. Ordinance No. 09 -M -35 — Consideration and /or action approving an ordinance revising and replacing Ordinance No. 08 -M -08, as amended regarding Graffiti in the City of Schertz, to conform to new State Law requirements effective September 1, 2009. First Reading (M. Spain) Mayor Baldwin recognized City Attorney Michael Spain who introduced this item answering questions from Council. Mr. Spain stating "as you recall in March the City Council approved a revised Graffiti Ordinance." Late in the 2009 legislative session, unfavorable graffiti provisions were added to House Bill 2086, a bill relating to gangs. The new graffiti provisions require a city to have specific provisions in any graffiti removal ordinance, including language that provides that a city may require removal of graffiti by a property owner only if the city has first offered to remove the graffiti free of charge, and the owner has refused to allow the city to remove the graffiti. Then, if the city has offered to remove the graffiti for free and the owner has rejected the offer, a city can remove the graffiti and charge the expenses to the property owner. Many cities have ordinances that require property owners to remove graffiti at their own expense, and the new law will preempt these ordinances. These provisions take effect on September 1, 2009. The amended and restated Graffiti Ordinance complies with the new state law. Mr. Spain indicated the following change that would be made on final reading: (1) where it says the Chief of Police, it needs to say City Marshal. Mayor Baldwin recognized Trayhan who moved, seconded by Councilmember Carpenter to approve Ordinance No. 09 -M -35 first reading. The vote was unanimous. Motion carried. 4. Proposed Tax Rate for FY 2009 -10 — Conduct a public hearing and consideration and /or action regarding the adoption of the FY 2009 -10 tax rate. (First required public hearing) (D. Harris /J. Santoya) Mayor Baldwin recognized Assistant City Manager David Harris who introduced this item stating in accordance with Chapter 26 of the Texas Tax Code the City Council must hold two (2) public hearings on a proposed tax rate. At the August 11, 2009 regular session the City Council, by record vote, established a proposed maximum tax rate of $0.4342 per $100 of value. This proposed rate is not subject to rollback. This public hearing will be the first public hearing. The second required hearing will be conducted at the September 1, 2009 regular session. Staff recommends that the Mayor open the public hearing, take comments, close the public hearing and announce that the next public hearing on the proposed tax rate will be conducted on September 1, 2009 at 6:30 p.m. in the City Hall Council Chambers. Mayor Baldwin opened the public hearing and recognized Mr. Robert Gibson who spoke against the proposed tax rate increase. As no one else spoke, Mayor Baldwin 8 -25 -09 Minutes Page - 3 - closed the public hearing and announced that the next public hearing on the proposed tax rate will be conducted on September 1, 2008 at 6:30 p.m. in the City Hall Council Chambers. Mayor recognized Councilmember Scagliola who stated his objection with increasing the tax rate to 0.4342, stating that it is not prudent to raise taxes during a recession. He expressed his displeasure with the City Staff for tying the employee's cost -of- living adjustment in with the proposed tax increase; stating the cost -of - living (COLA) adjustment should be included in the budget and not attached as an add -on. He said such an action created a lose /lose situation, raise taxes or deny the employees their COLA, and he did not appreciate being put into that position. Councilmember Scagliola made four recommendations: 1) When Bonds are presented to the residents to vote on: make sure the residents know they will also incur O & M obligations that may result in additional taxes; 2) Use some of the money in the General Fund ($4.2 million) to cover the temporary downturn in the City's revenue flow; 3) Do not raise taxes to increase the amount in the General Fund balance; 4) Ensure all City Employees receive a respectable COLA. If staff intends to stick with only a 2% increase, there will be numerous employees who Will receive less than a marginal increase. He stated it would be more appropriate to offer a minimum of $750 per year or 2 %, whichever is larger. Mayor Baldwin recognized Mayor Pro -Tem Fowler who asked for an explanation of what a rollback is. Assistant City Manager David Harris stated that the rollback rate is the rate in which should the Council elect go above that rate, the citizens would have the ability to force a rollback election. Mayor Baldwin stated that it is 8% above the exact amount of money the Council authorized last year in your tax rate. If you exceed the levy last year by more than 8% then you put yourself in a position where the public has the opportunity to push through a referendum asking for a rollback. Mayor Baldwin stated that they are not at that point with the proposed tax rate. Mayor Pro -Tem Fowler asked for clarification of how the City calculates the Consumer Product Index (CPI). Finance Director Juan Santoya stated that the City takes the CPI data and go back twelve months and find out what has been the average, take the lowest and subtract from the average. The difference is how much the economy has changed and gives a cost -of- living increase percentage. Mayor Pro -Tem Fowler expressed his approval of the proposed tax rate based on the lack of income coming in, and the fact there is still 38,800 people that the city has to support and maintain services the citizens expect. The economy is a big driver in what the city is trying to do. Mayor Pro -Tem Fowler stated that the city is doing everything they can to keep the employees, and it doesn't make sense to let a few employees go to keep the tax rate where it is and then in a couple of years when things get better the city would go and hire and have to retrain someone to take their positions. Mayor Pro -Tem Fowler reminded everyone of the position the City of Schertz is in regarding being the 39th best place to live and the AAA bond rating, which is a result of the City being managed properly. 8 -25 -09 Minutes Page - 4 - Assistant City Manager John Bierschwale stated that the city departments have already cut their budgets, some departments cut more than 10% and are doing without right now. The City has a new library that requires more employees and the City has opted to hire part time employees because they cannot afford full time, the Library will require facilities maintenance; there is a need to service the larger facility. The City is lacking in the police and fire departments; the court is busting out at the seams. The city has tightened their belts as tight as possible. The City has gone out for the grants that are available only to find out that our City is healthier than most and were denied. Mr. Bierschwale reminded Council that the only thing the employees have gotten last year and this year was a COLA, there have been no merit increases, management has frozen the merit system because of the economy. Mayor Baldwin recognized Councilmember Carpenter who stated that is it always a difficult thing when Council considers raising taxes, essentially we are taxing ourselves, as we live here and will be paying the higher taxes too. Several things that have not come out prior to this meeting is what staff has done to deal with the needs of the City, budget constraints, hiring part-time workers to fill the needs where they would like to have full -time but cannot afford to pay for full benefits, the City is bridging gaps . The City has outsourced a number of non -core functions within the city particularly with Parks and Recreation. Understand, too, that while we are raising the taxes but dealing with a very large shortfall on the revenue side that the City has been blessed to have for several years, in hotel tax, sales tax, fees, fines, and permits. The City has to make up these areas and it is very challenging. The City has gotten into a position with the work that this Council and previous Councils have done to get where we are close to being in a balanced position of tax revenues from our residents and other sources. It is an amiable position to be in and is much better than if we were having to rely much more on other resources when we hit an economic situation like we are in today which could cause the City to have a bigger impact than what we are seeing now. The City has built the new facilities and they have to staff them, it is unreasonable to build them and compress the services. Councilmember Carpenter stated that this Council and previous Councils do have a track record of, as we are able come out of difficult times like we are in now and going back and lowering the tax rate when they can. We are equal in the number of times we have increased taxes and lowered taxes, so the precedence is there and if we are to as least maintain the service levels we have we will go back and reduce taxes as appropriate. Unfortunately, with the position the city is in now, the mix of down turn in revenues, and based on the economic conditions as well, the need to maintain the current services that exist there is no other way to do it. He stated that he has gone through the budget and that staff has done an excellent job and there is not a lot more that can be done or to be cut. Mayor Baldwin added his approval of the tax rate increase stating that as a result of opening the new Library, the City is going to have to add new staff members, actually most of them part-time employees to save on salaries of hiring full time. 8 -25 -09 Minutes Page - 5 - Mayor Baldwin reminded everyone it was voting on by the taxpayers who wanted the Library. The Library is a much larger facility than the old facility; it requires more employees, more custodian staff, more air conditioning and heating costs, and many other things. The community thought it was necessary to build the new Library and it is not possible to run the larger facility on the same amount as the old one. Mayor Baldwin stated that Councilmember Scagliola had an opportunity during the budget workshops to express areas of concerns and that he did not bring up any concerns. Mayor Baldwin stated that he believes that Councilmember Scagliola should bring his ideas back to Council and staff as to where the city can cut costs but that the Library is not an area. Most of the costs are for the new Library with the exception of one court clerk, custodial staff, and one part-time Park worker. Mayor Baldwin stated that a 2% cost of living increase is minimal and reminded everyone about the already frozen merit increases. Mayor believes that staff has cut areas as low as possible and still provide the same type of services the community is use to. Mayor Baldwin recognized Councilmember Trayhan who stated as a former City Manager who spent ten years going over budgets line item by line item he supports the efforts that management has done and supports the budget and tax rate increase. 5. Resolution No. 09 -R -42 — Consideration and /or action approving a resolution authorizing and directing the execution and filing of a petition to annex 0.563 acres which is the former location of the Schertz Animal Shelter and related matters. (M. Spain/D. Harris) Mayor Baldwin recognized City Attorney Michael Spain who introduced this item stating the property formerly used as the Schertz Animal Shelter is currently in the City's extraterritorial jurisdiction ( "ETJ") and is completely surrounded by land that is within the City limits. The City Manager's office would like to annex that property in order to eliminate this small island of ETJ. City Attorney Michael Spain asked that a modification be considered that the Council allows the Assistant City Manager to sign the document in the absence of the City Manager so that the petition can be filed tomorrow, Council concurred. Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Councilmember Trayhan to approve Resolution No. 09 -R -42. Vote was unanimous. Motion Carried Mayor Baldwin adjourned into executive session at 7: 58 p.m. 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 Baldwin reconvened into regular session at 8:31 p.m. 8 -25 -09 Minutes Page - 6 - RECONVENE TO REGULAR SESSION 6. Take appropriate action regarding acquisition of easements related to Town Creek Sewer Line Project, Phase 2, as a result of the Executive Session. (M. Spain) Mayor Baldwin recognized Mayor Pro -Tem Fowler who moved, seconded by Councilmember Scagliola to acquire ten (10) sewer line easement tracts (five (5) permanent easements and five (5) construction easements from Scratch Golf L.L.C., for City's Town Creek Sewer Line Project, Phase 2, for a purchase price of $41,250.00, plus closing costs; provided, if Scratch Golf L.L.C., is unable to provide evidence of its ownership of four (4) of the tracts, two (2) permanent and two (2) construction easements) the purchase price will be reduced by $1,593.75, to $39,656.25 plus closing costs. Vote was unanimous. Motion Carried 7. Take any other action deemed necessary as a result of the Executive Session. No further action taken. Requests and Announcements 8. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No requests given. 9. Requests by Mayor and Councilmembers to City Manager and Staff for information. No requests given. 10. 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 Mayor Pro -Tem Fowler who attended the following: • Open House at the School Medical Center at the Schertz Elementary • ITM 801h Anniversary Celebration • TCMA Monthly meeting held at the Library 8 -25 -09 Minutes Page - 7 - Mayor Pro -Tem Fowler stated that he looks forward to the Library Gala on Friday and the Grand Opening on Saturday Mayor Baldwin recognized Councilmember Scagliola who stated it has been a busy few weeks; he stopped by the City pools to see how some of our residents are contending with the heat. The pools look great; he thanked the Parks Department and the YMCA who hired a wonderful crew of lifeguards keeping our residents safe. He stated he had a super tour of the Library last Friday followed by the grand opening of the Visitors Center and Chamber of Commerce offices. Councilmember Scagliola attended Congressman Lamar Smith's town hall meeting in our Civic Center on Monday, August 24, 2009 and was surprised to see so many in attendance, around 850 was his best estimate. Councilmember Scagliola thought the meeting was very productive and informative and knew the City expended some resources to host this meeting and thanked all involved. He stated we made front -page news unfortunately it was mostly because of an outspoken individual; overall, the event went rather smoothly, thanks in large part to the presence of numerous City personnel, especially the Police Department, Fire Department and the Marshalls. He also expressed his thanks to all those responsible for the operations and maintenance of the Civic Center. Mayor Baldwin recognized Councilmember Trayhan who thanked everyone for their kind sentiments regarding the loss of his mother -in -law, Gloria Gallagher. Mayor Baldwin recognized Councilmember Carpenter who read a letter from a resident thanking and giving kudos to Detective Kallies regarding the retrieval of items that were stolen out of their vehicle. Mayor Baldwin provided an update on Councilmember Tony Wilenchik stating that he had spent the night at BAMC and asked that everyone keep him in their prayers. 11. Announcements by City Manager • Recognition of City employee actions • New Departmental initiatives Mayor Baldwin recognized Assistant City Manager David Harris who asked everyone to visit the Cities new website and check out the new look. ADJOURNMENT As there was no further action, Mayor Baldwin adjourned the meeting at 8:44 p.m. 8 -25 -09 Minutes Page - 8 - Hal Baldwin, ayor ATTEST: nda Dennis, TRMC, C City Secretary 8 -25 -09 Minutes Page - 9 -