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09-01-09MINUTES REGULAR MEETING September 1, 2009 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on September 1, 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 Councilmember David Scagliola Councilmember Michael Carpenter Councilmember Tony Wilenchik was absent. Staff Present: City Manager Don Taylor Assistant City Manager David Harris CALL TO ORDER REGULAR MEETING Mayor Pro -Tern Jim Fowler Councilmember John Trayhan Assistant City Manager John Bierschwale City Secretary Brenda Dennis Mayor Baldwin called the meeting to order at 6:35 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 Mayor Baldwin recognized the following citizens: • Robert Gibson, 3517 McAlister Lane, who spoke against raising taxes and the proposed budget. Mr. Gibson believes that there is fat in the budget and there is definitely areas where money can be saved. Mayor and Council thanked Mr. Gibson for his comments and interest in the budget process. Discussion and /or Action Items Mayor Baldwin moved to agenda item 8A. 8A. Resolution No. 09 -R -45 — Consideration and /or action approving a resolution authorizing an Interlocal Cooperation agreement with Bexar County relating to Crescent Bend Nature Park and other matters in connection therewith. (D. Harris) 9 -1 -09 Minutes Mayor Baldwin recognized Parks Director George Logan who introduced Betty Boushay, Director of Infrastructure Services and Jerry Smith, Parks Manager with Bexar County. Ms. Boushay stated that the Bexar County Commissioners Court met and agreed to an Interlocal Corporation agreement between Bexar County and the City of Schertz relating to Crescent Bend Nature Park. Mr. Logan stated the park is owned by Bexar County, and this Interlocal Cooperation Agreement provides for City operation of the 175 -acre City /County park. The annual maintenance and operations cost is estimated at $50,000 in first year. Staff recommends approval of Resolution No. 09 -R -45 entering into an agreement with Bexar County to operate and maintain Crescent Bend Nature Park as a joint City /County Park. Mr. Logan gave a brief PowerPoint presentation regarding the opportunities of the Interlocal Agreement. Mr. Logan stated that this opportunity solves Parks Master plan as well as one of the Council strategic goals. Mr. Logan addressed brief questions from Council. Mayor Baldwin thanked Bexar County and thanked Judge Nelson Wolf for his assistance as well. Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by Mayor Pro -Tem Fowler to approve Resolution No. 09 -R -45. Vote unanimous. Motion Carried. 1. GBRA Hazard Mitigation Plan Update — Presentation and consideration and /or action regarding approval for the City to work with Guadalupe - Blanco River Authority to update the Hazard Mitigation Plan. (S. Willoughby) Mayor Baldwin indicated that this item has been pulled front the agenda. 2. Minutes - Consideration and /or action regarding the approval of the minutes of the Regular Meeting of August 25, 2009. Mayor Baldwin recognized Mayor Pro -tem Fowler who moved, seconded by Councilmember Trayhan to approve the minutes of the regular meeting of August 25, 2009. Vote was unanimous. Motion Carried. 3. Ordinance No. 09 -M -35 — Consideration and /or action approving an ordinance revising and replacing Ordinance No. 08 -M -08 regulations on Graffiti in the City of Schertz to conform to new State Law requirements effective September 1, 2009. Final Reading (J. Bierschwale) Mayor Baldwin recognized Assistant City Manager John Bierschwale who introduced this item stating City Council approved this on first reading at their meeting of August 25, 2009 with change of Chief of Police to City Marshal. He also stated that this ordinance is to conform to the new State Law requirements. 9 -1 -09 Minutes Page - 2 - r Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Councilmember Carpenter to approve Ordinance No. 09 -M -35 Final Reading. Vote was unanimous. Motion Carried. 4. Resolution No. 09 -R -44 — Consideration and /or action on approving a resolution designating a particular area; particular dates and particular time for which alcoholic beverages may not be brought into or removed from Pickrell Park; authorizing extension of park hours; authorizing extension of noise hours; and authorizing other motorized vehicles in particular park areas for the upcoming SchertzFest. (J. Bierschwale) Mayor Baldwin recognized Assistant City Manager John Bierschwale who introduced this item stating the 2nd annual SchertzFest is a community event held each year at Pickrell Park. The 2009 event will be held during the dates of October 1, 2009 - midnight October 4, 2009. This resolution is in consideration for holding the 2nd Annual SchertzFest. Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Councilmember Trayhan to approve Resolution No. 09 -R -44. Vote unanimous. Motion Carried. 5. Resolution No. 09 -R -43 — Consideration and /or action approving a resolution authorizing the City Manager to accept a declaration of restrictive covenants and other matters in connection therewith (Lone Star Pet Supply). (M. Sanchez) Mayor Baldwin recognized Development Services Director Michelle Sanchez who introduced this item stating that 414 Partnership, Ltd., which leases its property to Lone Star Pet Supply, desires to record a Declaration of Restrictive Covenants to provide parking on a nearby currently vacant tract of land owned by it (and to be leased to Lone Star Pet Supply) for the benefit of the tract of land where Lone Star Pet Supply operates. Unless it provides such additional parking, the soon to be expanded Lone Star Pet Supply business facility will be a permitted non- conforming use. Resolution No. 09 -R -43 authorizes the City Manager to accept the Declaration of Restrictive Covenants. Ms. Sanchez further stated, City staff has determined that the City should accept a Declaration of Restrictive Covenants regarding parking facilities to permit 414 Partnership, Ltd., which owns the land on which Lone Star Pet Supply operates, to expand and operate the facilities leased by Lone Star Pet Supply in a manner that will not cause it to be a non - conforming use. Ms. Sanchez addressed questions from Council. Mayor Baldwin recognized Mayor Pro -Tem Fowler who moved, seconded by Councilmember Scagliola to approve Resolution No. 09 -R -43. Vote unanimous. Motion Carried. 6. Ordinance No. 09 -A -38 — Consideration and /or action approving an ordinance authorizing and directing the annexation of 0.563 acres which is the former location of the Schertz Animal Shelter, giving of written notice of Annexation, the submission 9 -1 -09 Minutes Page - 3 - of preclearance materials to the Department of Justice, and related matters. (D. Harris /J. Bierschwale) Mayor Baldwin recognized Assistant City Manager David Harris who introduced this item stating that 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. Mr. Harris stated the City Manager's office would like to annex that property in order to eliminate this small island of ETJ. Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Councilmember Carpenter to approve Ordinance No. 09 -A -38 first reading. Vote unanimous. Motion Carried. 7. Public Hearing Fiscal Year 2009 -10 Budget — Conduct a public hearing and consideration and /or action approving the City of Schertz FY 2009 -10 Budget (D. Harris /J. Santoya) Ordinance No. 09 -T -36 Consideration and /or action approving an Ordinance Adopting the FY 2009 -10 budget. First Reading (D. Harris /J. Santoya) Mayor Baldwin recognized City Manager Don Taylor who stated that it is tough times and the City has a very strong obligation to spending the resident's tax dollars the best that they can. Mr. Taylor stated that over the last four years, the City has not raised taxes, but two years ago lowered them. The proposed tax increase is not even where it was five years ago. Mr. Taylor stated the budget before them is less than it was last year with the exception of the Library and the maintenance required to run the new Library and to fund the 2% Cola for employees. Mr. Taylor stated that he is extremely proud with staff and department heads for controlling and cutting their budgets without complaining. Mayor Baldwin recognized Assistant City Manager David Harris who introduced this item stating that in accordance with applicable statutes and the City Charter, the City must conduct a public hearing to receive input on the proposed FY 2009 -10 budget, including the budget of the Economic Development Corporation. Mr. Harris stated this is the first required public hearing and the final public hearing will be held on September 8, 2009 at 6:30 p.m. in the City Council Chambers. Staff recommends that the Mayor open the public hearing, receive the public comment upon the proposed budget, and close the public hearing. Staff further recommends that the City Council approve first reading of Ordinance No. 09 -T -36, adopting the budget for the fiscal year beginning October 1, 2009 and ending September 30, 2010. Mayor Baldwin opened the public hearing and recognized Mr. Steve White, President of the Economic Development Corporation, who addressed Council on his concerns of the Economic Development Corporation budget stating the EDC 9 -1 -09 Minutes Page - 4 - Board voted unanimously to disapprove it as they have the last three years. Mr. White stated the principle reason for not approving the EDC budget was that the Board was not advised what was going on with their budget specifically with the line item for $255,000 to fund Parks and Recreation Foundation. The Board does not agree that the Parks and Recreation operation should be coming out of EDC funds and understands that the original bond issue allowed EDC to do some maintenance on some parks in the past but does not believe that it should continue to be coming out of their budget. He stated that since the Board does not have a line item veto, they had to turn the whole budget down. As no one else spoke, Mayor Baldwin closed the public hearing and opened it up for Council discussion. Mayor Baldwin recognized City Manager Don Taylor who stated that no one with the Economic Development Corporation (EDC) had approached him regarding the EDC Budget or addressed any concerns prior to bringing this to the Council. Mr. Taylor stated that this was the first he knew of this and had spoken to the City Attorney who stated that this is what the citizens had voted on in 1997, which was to have EDC fund this. Mr. Taylor stated that he believes there is a misunderstanding with the Board and he would be getting with them to address their concerns. Mayor Baldwin recognized Assistant City Manager John Bierschwale who provided information regarding the use of EDC and 4B money addressing Mayor Pro -Tem Fowlers question for clarification of the use of EDC funds. Mr. Bierschwale stated that the $255,000 is less than 1/4 of the EDC budget after debt service. City Manager Don Taylor reminded everyone about the festivals the City of Schertz puts on during the year which are part of the Parks and Recreation Foundation; this brings recognition and businesses to the City. Mayor Baldwin stated that he see two separate issues: (1) at what point does the Council involve the EDC Board in the budget process; and (2) what point does the EDC Board present that to staff and then where does it go from there. The overall factor of the EDC Board turning down the budget was because they were not involved in the whole process but also the $255,000 item seems to be escalating. Mayor and Council believe this is a legal and necessary expenditure. Mr. Taylor stated that he would be getting with the EDC Board to resolve any issues before final reading. Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Councilmember Carpenter to approve Ordinance No. 09 -T -36 first reading. The vote was 3 -1 -0 with Mayor Pro -Tem Fowler, Councilmembers Trayhan and Carpenter voting for, and Councilmember Scagliola against. Motion Carried. 8. Second Public Hearing on Proposed Tax Rate for Fiscal Year 2009 -10 — Conduct a public hearing and consideration and /or action regarding the adoption of the FY 2009 -10 tax rate. (D. Harris /J. Santoya) Ordinance No. 09 -T -37 Consideration and /or action approving an Ordinance on the proposed FY 2009 -10 Tax Rate. First Reading (D. Harris /J. Santoya) 9 -1 -09 Minutes Page - 5 - Mayor Baldwin recognized Assistant City Manager David Harris who introduced item stating that in accordance with Chapter 26 of the Texas Tax Code the City Council must hold two (2) public hearings on a proposed tax rate. Mr. Harris provided a brief PowerPoint overview of the budget covering all funds, expenses, current and past tax rates along with the proposed tax rate. Mr. Harris stated at the August 18, 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 second and final public hearing. The first required hearing was conducted at the August 25, 2009 regular session. Staff recommends that the City Council approve Ordinance No. 09 -T -37 approving the Fiscal Year 2009 -10 Proposed Tax Rate on first reading. The motion is "I move that property taxes be increased by the adoption of a tax rate of $0.4342 and adoption of an ordinance adopting the 2009 tax rate. "Further Staff recommends that the Mayor announce that the vote adopting the tax rate will take place on September 8, 2009 at 6:30 P.M., City Council Chambers 1400 Schertz Parkway, Schertz Texas 78154." Mayor Baldwin opened the public hearing and recognized Mr. Robert Gibson 3517 McAlister Lane who spoke against the proposed tax rate and address particular areas of concern. As no one else spoke, Mayor Baldwin closed the public hearing. Mayor and Council commented on it being healthy to disagree, and always staying respectful to each other and appreciated Mr. McAlister's comments and participation. Mayor Baldwin opened discussion for Council and staff comments. Mayor, Council, and Staff addressed Mr. Gibson's areas of concerns providing comments. Mayor Baldwin provided his thoughts regarding his approval of the proposed tax rate. He recognized Mayor Pro -Tem Fowler, Councilmembers Trayhan, and Carpenter who also provided their thoughts regarding approval of the proposed tax rate again complimenting and thanking staff for all their work during the budget process. Mayor Baldwin recognized Councilmember Scagliola who provided his thoughts regarding his objection to the proposed tax rate. Councilmember Scagliola also thanked Mr. Taylor and staff. Mayor Baldwin recognized Councilmember Trayhan who moved that property taxes be increased by the adoption of a tax rate of $0.4342 and adoption of an ordinance adopting the 2009 tax rate seconded by Councilmember Carpenter. The vote was 3 -I -0 with Mayor Pro -Tem Fowler, Councilmembers Trayhan, and Carpenter voting for and Councilmember Scagliola against. Motion Carried. Mayor Baldwin announced that the vote adopting the tax rate will take place on September 8, 2009 at 6:30 P.M., City Council Chambers 1400 Schertz Parkway, Schertz Texas 78154." Mayor Baldwin adjourned into executive session at 8:45 p.m. 9 -1 -09 Minutes Page - 6 - 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 9:05 p.m. RECONVENE TO REGULAR SESSION 9. Take appropriate action regarding acquisition of an easement and a lift station site as a result of the executive session. (L. Dublin) Mayor Baldwin recognized Mayor Pro -Tem Fowler who moved, seconded by Councilmember Trayhan to accept Resolution No. 09 -R -46 with the following that the City of Schertz pay Southeastern Freight Lines Inc., $73,673.56 for a Permanent Utility Line Easement and $9,460.00 for the Lift Station location. Vote was unanimous. Motion Carried 10. Take any other action deemed necessary as a result of the Executive Session. No further action. Requests and Announcements 11. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No requests given. 12. Requests by Mayor and Councilmembers to City Manager and Staff for information. Mayor Baldwin recognized Councilmember Scagliola who asked about the playscape at the Library and if there was a plan to put preservatives /sealers on the wood. Assistant City Manager David Harris stated that the Parks and Recreation Department has spent sometime in the area and believes this is been addressed. 13. 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 9 -1 -09 Minutes Page - 7 - Mayor Baldwin recognized Mayor Pro -Tem Fowler who attended the following: • Library Gala on Friday and the Open House on Saturday at new Schertz Public Library. • Stranger Danger event hosted by Ted Meyers of Kung Jung My Sul on Saturday. Mayor Baldwin recognized Councilmember Scagliola who attended the following • Library Gala on Friday and the Open House on Saturday at new Schertz Public Library. • Stranger Danger event hosted by Ted Meyers of Kung Jung My Sul on Saturday. Mayor Baldwin recognized Councilmember Trayhan who echoed all the comments regarding the Library event. Mayor Baldwin recognized Councilmember Carpenter who stated that he would like to thank everyone involved for making the Library event such a success. He also publically thanked Ed "Grumpy" Azzoz for his outstanding contribution of all the food he prepared and furnished for the Library Gala. Mayor Baldwin stated he too attended the Library Gala and grand opening thanking all the staff and particularly thanked Grumpy and requested that staff prepare a special plaque which the Council can give him at the next meeting. Councilmember Carpenter also suggested the possibility of a proclamation for him as well. 14. Announcements by City Manager • Recognition of City employee actions • New Departmental initiatives Mayor Baldwin recognized Assistant City Manager David Harris who wanted to publically thank the behind the scenes individuals who assisted with the Library Book drop area, kudos to Gail Douglas her family and many other volunteers. Mayor Baldwin recognized Assistant City Manager John Bierschwale who stated that an article would be appearing in the Herald of sad news but with a happy ending regarding the robbery of one of employees. ADJOURNMENT As there was no further action, Mayor Baldwin adjourned the meeting at 9:20 p.m. 9 -1 -09 Minutes Page - 8 - Hal Baldwin"-mayor ATTEST: y� f4 Brenda Dennis, TRMC, CMC City Secretary 9 -1 -09 Minutes Page - 9 -