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08-17-10 MINUTES . REGULAR MEETING August 17, 2010 A `~Jorkshop aiiC~i Regalar P~Ieeting were held by the Schertz City Council of the City of Schertz, Texas, on August 17, 2010, 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 Hal Baldwin Mayor Pro-Tem Edwards Councilmember Jim Fowler Councilmember David Scagliola Councilmember George Antuna Councilmember Michael Carpenter Staff Present: City Manager Don Taylor Assistant City Manager John Bierschwale Assistant City Manager David Harris City Secretary Brenda Dennis CALL TO ORDER: WELCOME /OVERVIEW: 1. Presentation and discussion of the FY 2010/2011 Budget. (Staf fl Mayor Pro-Tem Edwards called the Workshop to order at 5:03 p.m. Mayor Pro-Tem Edwards recognized Assistant City Manager David Harris who provided the following information on the revised budget calendar: • August 24, 2010 1St Public Hearing on the Tax and Budget • August 31, 2010 2"d Public Hearing and first reading of Ordinance on Tax Rate and Budget • September 7, 2010 Final Reading of Ordinance on Tax Rate and Budget • October 1, 2010 New Budget in Effect Assistant City Manager David Harris also provided the following information from the areas addressed by Councilmember Fowler: • Should the employees receive a 2% cola, when, now, or mid term? Mr. Harris stated that the 2% cola was already figured in the proposed budget for the full year. • Should more personnel be placed in the Marshall's office, it would create more revenue. Could they hire personnel at mid term? Mr. Harris stated that the court revenues produced by the additional personnel would offset adding the additional personnel in the Marshalls office. • Issue of the 9% rate increase for health insurance for dependents. Mr. Harris stated that the City will be picking up the 9% rate increase for employees health insurance but employees will have to pick it up for their dependents. • Look at employee retention. Mr. Harris stated that City Management monitors each department. He stated that when an employee leaves and goes to another city it is normally for more money, this is something that happens all the time. He also 8-17-10 Minutes stated that when an employee leaves, they examine the department revenues at that time and if they are down, they will see if the department can hold off on replacing the employee right away. • Midyear adjustments? Mr. Harris stated that as revenues come in Management would see if there is an opportunity to look into midyear pay adjustments. • Should they add money to reserves to maintain the bond rating? Mr. Harris stated that over the last few years, the City has been drawing down on the reserve funds due to opportunities to purchase property. He stated that it is time now to start thinking about replacing those reserve funds. • Should they hold capital expenditures until midyear? Mr. Harris stated that as they did this year, Management held off on capital expenditures and will continue to monitor revenues quarterly. • Replacement of IT equipment, now or later? Mr. Harris stated that this is a small amount and it is necessary to replace old computers. • Discussion regarding analysis on energy efficient street lights etc. Mr. Harris stated that as Council will recall, the city entered into an agreement with McKinstry to provide an energy services proposal that would be addressing these issues. City Manager Don Taylor reiterated that Management runs reports quarterly to see how the City's revenues are coming in, as well as monitors the spending of each department. He stated that should they see a decline in revenues then they would make the necessary budget adjustments with each department. Mayor Pro-Tem Edwards stated that he believes City Management and staff will manage their budget should there be shortfalls. He also stated that should there be shortfalls then City Management could consider addressing personnel issues i.e., ramp down departments like add furlough days, possible go to a four-day workweek. Assistant City Manager David Harris stated that there are several creative ways this can be accomplished. City Council discussed the need for replenishing the reserve funds. Councilmember Carpenter stated that putting money back in the reserves should be mandatory and is irresponsible if the City Council does not find a way to do this. Mayor Pro-Tem Edwards agreed that the city needs to do this and expeditiously. Councilmember Fowler concurred. ADJOURNMENT WORKSHOP: Mayor Pro-Tem Edwards adjourned the workshop at 5:40p.m. 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. 8-17-10 Minutes Page - 2 - Councilmember 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: • Mr. Robert Brockman, 1000 Elbel, who spoke asking on an update of the Old Library/Senior Center renovations. Assistant to the City Manager Bob Cantu addressed Mr. Brockman stating that renovations are coming along. The RFP's are going out for the additional Health services, which will also be offered to the seniors. Mr. Brockman also stated that on agenda Item 2, it should reference Crescent Bend "Nature" Park. Staff and Council concurred that the area or any documents should reference it as Crescent Bend "Nature" Park. Mr. Brockman also stated that he was for agenda item 5 that the city should already have been part of the organization. Discussion and/or Action Items 1. Minutes -Discussion and consideration and/or action regarding the approval of the minutes of the August 3, 2010, and August 10, 2010, regular meeting. Mayor Baldwin recognized Councilmember Fowler who moved, seconded by Councilmember Scagliola to approve the minutes of the regular meetings of August 3, 2010 and August 10, 2010 with corrections noted. The Vote on the August 3, 2010 minutes was 3-0-2 with Council Members Carpenter and Antuna abstaining. Motion Carried. The Motion on the August 10, 2010 minutes was unanimous. Motion Carried 2. Ordinance No. 10-5-22 -Consideration and/or action approving an ordinance to rezone approximately 304.10 acres of land west of the Lost Meadows Subdivision known as Cibolo Creek Municipal Authority, being part of the G. Malpez Survey No. 67, Abstract No. 464, Bexar County Block No. 5054, the A.S. Lewis Survey No. 78, Abstract No. 1301, Bexar County Block No. 5472, and the William Bracken Survey No. 65, Abstract No. 48, Bexar County Block No. 5055, situated in Bexar County, Schertz, Texas from Pre-Development District (PRE) to Public Use District (PUB) and; approximately 187.99 acres of land known as Crescent Bend Nature Park located north of Schaefer Road and east of the Lost Meadows Subdivision situated in the A.S. Lewis Survey No. 78 and the Williams Bracken Survey No. 65 in Bexar County, Schertz, Texas from Pre-Development District (PRE) to Public Use District (PUB). First Reading (M. Sanchez) 8-17-10 Minutes Page - 3 - Mayor Baldwin recognized Development Services Director Michelle Sanchez who introduced this item answering questions from Council. Ms. Sanchez stated that the use of the CCMA property is a municipal sewer treatment facility. The Crescent Bend Nature Park property was a manufactured home subdivision several years ago. After the 1998 flood, Bexar County purchased several of the flooded properties from the residents that lost their homes in the flood and developed the Nature Park. The Crescent Bend Nature Park was annexed in two parts, on January 12, 2010 (Formerly Crescent Bend Subdivision) and on May 18, 2010, two adjoining lots of the Lost Meadows Subdivision were annexed. At the July 28, 2010 Planning and Zoning Commission meeting, the commission unanimously passed approval to rezone this property from Pre-Development District (PRE) to Public Use District (PUB). Pursuant to the recommendation of the Planning and Zoning Commission, staff recommends Council approve the first reading of Ordinance No. 10-5-22. Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Mayor Pro-Tem Edwards to approve Ordinance No. 10-5-22 first reading with the stipulation that the entire document reference that it is the "Crescent Bend Nature Park". Vote was unanimous. Motion Carried. 3. Ordinance No. 10-5-23 -Consideration and/or action approving an ordinance to rezone approximately 0.563 acres of land west of FM 1518 and east of the Cibolo Creek known as the former location of the Schertz Animal Shelter being a part of the G. Malpaz Survey No. 67, Abstract No. 221 Guadalupe County, Schertz, Texas from Pre-Development District (PRE). First Reading (M. Sanchez) Mayor Baldwin recognized Development Services Director Michelle Sanchez who introduced this item answering questions from Council. Ms. Sanchez stated that the property was annexed on September 8, 2009 and is currently a fenced in storage area for the parks department. At the July 28, 2010 Planning and Zoning Commission meeting, the commission unanimously passed approval to rezone this property from Pre-Development District (PRE) to Public Use District (PUB). Pursuant to the recommendation of the Planning and Zoning Commission, staff recommends Council approve the first reading of Ordinance No.10-S-23. Mayor Baldwin recognized Councilmember Antuna who moved, seconded by Councilmember Scagliola to approve Ordinance No. 10-5-23 first reading. Vote was unanimous. Motion Carried. i 8-17-10 Minutes. Page - 4 - 4. Ordinance No. 10-5-24 -Consideration and/or action amending the UDC by suspending the rezoning of any additional property in the City as residential R6 or R7 and declaring an emergency. First and Final Reading (M. Sanchez) Mayor Baldwin recognized Development Services Director Michelle Sanchez who introduced this item answering questions from Council. 1VIs. Sanchez stated that in connection with possible revisions to the Unified Development Code, members of Council have requested immediate suspension of new R6 or R7 residential zoning classifications for any property in the City. As a modification of the Unified Development Code, such action, if taken, is required to be by ordinance. Staff recommends consideration and possible adoption of Ordinance No. 10-5-24 as an emergency on first and final reading. Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by ' Councilmember Scagliola to approve Ordinance No. 10-5-24 First and Final. Vote was 4-I with Councilmember Fowler voting no. Motion Carried. Mayor Baldwin recognized Councilmember Carpenter who request that an item be placed on a future agenda to discuss the surface area of a swimming pool be included as impervious cover. Mayor Pro-Tem Edwards and Councilmember Scagliola also agreed to place this on a future agenda. 5. Resolution No. 10-R-46 -Consideration and/or action approving a resolution authorizing the City of Schertz Economic Development Corporation (i) to enter into a regional marketing and promotional agreement and related contracts and expending not to exceed $50,000 and (ii) to enter into a local initiative to encourage retail establishments and related contracts and expending not to exceed $25,000. First Reading (J. Jewell) Mayor Baldwin recognized Economic Development Director Jeff Jewell who introduced this item answering questions from Council. Mr. Jewell stated the Board of Directors of the Schertz Economic Development Corporation (the "SEDC") has determined that the approval of (i) a Joint Marketing Agreement among the SEDC, the Seguin Economic Development Corporation, and BuildNB.org for regional marketing and promotional activities; (ii) one or more contracts by the SEDC in furtherance of such activities; and (iii) aggregate expenditures not to exceed $50,000 by September 30, 2011 in connection with the Agreement and such contracts are advisable. In addition, the Board of Directors of the SEDC has determined that the approval of (i) an initiative to promote retail establishments in the City; (ii) one or more .contracts by the SEDC in furtherance of such initiative; and (iii) aggregate expenditures not to exceed $25,000 by September 30, 2011 in connection with such contracts are also advisable. The proposed actions require City Council approval. The provision of the Development Corporation Act, which permits these expenditures, requires City 8-17-10 Minutes Page - 5 - Council approval by resolution at two readings. Second reading will be on the City Council's August 24 agenda. f Mayor Baldwin recognized Mayor Pro-Tem Edwards who moved, seconded by Councilmember Fowler to approve Resolution No. 10-R-46 first reading. Vote was unanimous. Motion Carried 6. Resolution No. 10-R-49 -Consideration and/or action approving a resolution authorizing an Interlocal Contract for Dispatch Services with the City of Cibolo. (J. Bierschwale/S. Starr) Mayor Baldwin recognized Assistant City Manager John Bierschwale who introduced this item answering questions from Council. Staff recommends that the City enter into an Interlocal Contract for Dispatch Services with the City of Cibolo to permit Cibolo to continue to utilize the City's public safety and law enforcement dispatch services. Either party providing four months' notice to the other party prior to October 1 of each year may terminate the proposed Interlocal Contract. The City will collect an annual fee of $133,305, payable in four equal quarterly installments of $33,326.25 beginning October 1, 2010. Mayor Baldwin recognized Mayor Pro-Tem Edwards who moved, seconded by Carpenter to approve Resolution No. 10-R-49. Vote was unanimous. Motion Carried 7. Resolution No. 10-R-50 -Consideration and/or action approving a resolution consenting to the creation of Comal County Water Improvement District No. 2. (J. Bierschwale) Mayor Baldwin recognized Assistant City Manager John Bierschwale who introduced this item answering questions from Council. Mr. Bierschwale stated Comal County Water Improvement District No. 2 (the "District") was created by the 81St Texas Legislature at the request of Tim Word, Trustee. The District contains approximately 2,040 acres, approximately 16 acres of which are in the City's corporate boundaries (as a result of the Schwab Road/F.M. 482 Area annexation) and 71 acres of which are in the City's ETJ. Pursuant to Section 54.016 of the Water Code, no land within the City's corporate boundaries or its ETJ can be included within the District unless the City consents by ordinance or resolution. Resolution No. 10-R-50 provides such consent. The following paragraph on page 1 of the Resolution has been added: "WHEREAS the District has represented to the City that, within the portion of the Land marked as "B" on Exhibit A it will agree that the District and the City shall each be permitted to offer water for sale with the District selling 8-17-10 Minutes Page - 6 - water for irri ation purposes (agricultural residential and golf courses and _ . similar land uses) and the City selling water for all other purposes; and" Mayor Baldwin recognized Councilmember Fowler who moved, seconded by Mayor Fro-Tem Edwards to approve Resolution No. 10-R-50. Vote was unanimous. Motion Carried 8. Resolution No. 10-R-51 -Consideration and/or action approving a resolution accepting certain fire equipment from the City of San Antonio. (D. Covington) Mayor Baldwin recognized Fire Chief David Covington who introduced this item answering questions from Council. Chief Covington stated that action requested of Council is to enter into a Property Transfer Agreement with City of San Antonio for the transfer of certain search and rescue equipment to the City. Fiscal impact is valued at approximately $8,000 of search and rescue equipment, which the City will receive. Staff recommends approval. Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by Councilmember Fowler to approve Resolution No. 10-R-51. Vote was unanimous. Motion Carried 9. Scheduling of Public Hearings on the proposed tax rate -Consideration and/or action scheduling the Public Hearings on the proposed tax rate. (D. Harris/J. Santoya) Mayor Baldwin recognized Assistant City Manager David Harris who stated on August 10, 2010, in accordance with Chapter 26.05(d) of the State's Property Tax Code, the Council approved a preliminary tax rate for consideration not to exceed .4675 per $100 value. This rate is above the effective tax rate and in order to be in compliance with the Truth-in-Taxation requirements, at least one week public notice must be given before the first public hearing. Therefore, the City must revise the public hearing dates to comply with State law, which requires one-week publication before the first hearing. The revised budget calendar below will allow for one-week publication before first hearing: • August 17 Workshop • August 24 1st Public Hearing • August 31 2°d Public Hearing, l St Vote • September 7 2"d Vote • October 1 New Budget in Effect Staff is recommending approval. Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Councilmember Scagliola to approve the revised budget calendar. The vote was I unanimous. Motion Carried. 8-17-10 Minutes Page - 7 - Requests and Announcements 10. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No Nequests given. 11. Requests by Mayor and Councilmembers to City Manager and Staff for information. Mayor Baldwin recognized Councilmember Carpenter who asked what the current local sales tax rate was for Schertz, and at 2% are they maxed out? Assistant City Manager David Harris stated that yes the City is maxed out. Councilmember Carpenter asked what the current sales tax rate was for Hotel /Motel was set at in Schertz. Mr. Harris stated that the rate is 7% and it would remain at that rate until the size of the city reaches a different population level, so we are currently maxed out at our population size. 11. 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 Edwards who stated that attended the Schertz Chamber of Commerce meeting today. Mayor Baldwin recognized Councilmember Scagliola who stated he attended the SYSCO Ground Breaking ceremony on Saturday and that is was very well organized. Councilmember Scagliola stated that Country Club Boulevard is now open, and is looking very good. Councilmember Scagliola provided the following public service message: RCAP (Randolph Christian Assistance Program) located at 307 Pfile Road at Main Street, in Schertz, they are short on supplies. They are in need of all types of can goods, dry goods as well as mixes. Mayor Baldwin recognized Councilmember Antuna who also stated he attended the SYSCO Ground Breaking on Saturday. Councilmember Antuna also stated that he was in Lewisville last week and noticed that down their parkway they had banners stating "Shop Lewisville". Mayor Baldwin stated that everyone received this evening a list of vacancies on the Boards and Commissions, statin that he had s oken to Councilmember Sca Bola g p g 8-17-10 Minutes Page - 8 - and needs to get with Councilmember Fowler to schedule a time for interviews to make appointments to those vacancies. City Secretary Brenda Dennis stated that information for Board volunteers is on the website as well as being run in the Schertz Tales. 11. Announcements by City Manager • Recognition of City employee actions • New Departmental initiatives Mayor Baldwin recognized Assistant City Manager David Harris who stated for clarification, the sales tax rate for Comal and Guadalupe County is maxed out at 8.25, but for the Bexar County side there is some capacity. ADJOURNMENT As there was no further action, Mayor Baldwin ad' ed e meet' gat 7:30 p.m. Ha Baldwin, Ma or ATTEST: ~ < Brenda Dennis, TR C; CMC City Secretary 8-17-10 Minutes Page - 9 -