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
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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
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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.
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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)
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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.
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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
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Council approval by resolution at two readings. Second reading will be on the City
Council's August 24 agenda.
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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
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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.
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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
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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:
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Brenda Dennis, TR C; CMC City Secretary
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