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09-07-10MINUTES REGULAR MEETING September 7, 2010 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on September 7, 2010, 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 Staff Present: City Manager Don Taylor Assistant City Manager David Harris City Secretary Brenda Dennis Mayor Pro -Tem Edwards absent. Councilmember Jim Fowler Councilmember George Antuna CALL TO ORDER REGULAR MEETING Assistant City Manager John Bierschwale City Attorney Michael Spain 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. 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: • Ms. Doreen Bowers, 2608 Hidden Garden, who requested information on the process of getting an item on an agenda to amend the charter, specifically the section regarding filling the term of vacancy on Council. City Attorney Michael Spain stated that information could be found in the City Charter Section 12.04. Ms. Bowers also stated concern regarding education to citizens on how the bonds if approved in November would affect the tax rate next year. Should the City hold off on a bond election until the economy gets better? She is concerned about the debt service. Mr. Bob Gibson, 3517 McAlister Lane, who spoke against an increase in taxes. • Mr. Robert Brockman, 1000 Elbel, who spoke regarding his concern of the ISO rating. Mr. Brockman also addressed Council regarding the Charter and the following changes that need to be made: location of the bulletin board. 9 -07 -10 Minutes (1) section regarding Chief Appraiser; (2) Discussion and /or Action Items 1. Ordinance No. 10 -T -25 — Budget for Fiscal Year 2010 -2011 - Consideration and /or action approving an Ordinance adopting the FY 2010 -11 budget. Final Reading (D. Harris /J. Santoya) Mayor Baldwin recognized Assistant City Manager David Harris who introduced this item answering questions from Council. Mr. Harris stated that in accordance with the City Charter, the City Manager has submitted a budget proposal to the City Council for consideration. Mr. Harris stated that this is the second of two required votes regarding the adoption and approval of the FY 2011 Budget. Mr. Harris provided the following calendar: • August 24, 2010 - First Public Hearing • August 31, 2010 - 2nd Public Hearing and 1 st Vote • September 7, 2010 2nd Vote on the FY 2010 -11 Budget • October 1, 2010 New Budget in Effect Mr. Harris provided the following information as a brief overview for Council: Plan A: $0.4342 includes (Current rate) • Current approved staff • 9% Health Insurance cost increase • 20% increase in fuel expense Code Enforcement Officer and Service Clerk for Marshal Services • Master Planning Project Plan B: $0.4493 Adds: (Proposed budget is currently set at this rate) • Parks & Recreation 2 Seasonal Part-time workers • Adult Services Librarian • 2% Cost of Living adjustment Mr. Harris went over: • Property Values • FY 2010 -11 Tax Rate Impact to Homeowners • General Fund — Expenses • Interest & Sinking Debt Fund • Details of New Personnel Mayor Baldwin asked Assistant City Manager David Harris to go back over the information on all funds, revenues, and expenditures and where they are generated. Mayor Baldwin recognized Councilmember Fowler who addressed the additional personnel requested and where they were funded. Councilmember Fowler stated he 9 -07 -10 Minutes Page - 2 - believes the City has done well in putting the budget together to only increase taxes with an additional $24 a year. This not only maintains the current service levels offered by the City, but also increases more code enforcement, which is what the citizens have been requesting. Mayor Baldwin recognized Councilmember Scagliola who also stated that the $24 is pretty good, but believes they could have done better. He went over the following areas that he brought up last week, which included: • implement a hiring chill and explained what he meant by "chill" • trim expenses associated with off - sites, i.e., TML conferences • scrub a piece of the special events fund, provide an appropriate COLA, 1.25% instead of the 2% • determine what can be trimmed or delayed from Fleet Services, including staff vehicles • does not believe the City can afford the $250,000 for the Gateway Master Plan. He was not sure how much these areas would save but was hoping the amount would have been around $125,000. He stated that the above are reasonable and the $24 is a small amount, but that it will be $24 this year and then $24 next year and he cannot do that. Councilmember Scagliola stated that last week Councilmember Carpenter made a motion to approve the tax rate of .4493 and challenged staff to find $125,000 in the budget for reserves. Councilmember Scagliola stated the $24 is good, but what he is saying is how about taking the $125,000 that he recommended and challenging staff to find an additional $125,000 more, then they would not have to raise taxes at all. Mayor Baldwin recognized Councilmember Fowler who stated that the Council receives a stipend in the amount of $18,000, and he would be willing to give his up. Mayor Baldwin also reiterated that he has served on the Council since 1984 for free and would not have a problem giving up his portion. Mayor Baldwin recognized Councilmember Fowler who moved, seconded by Councilmember Carpenter to approve Ordinance No. 10 -T -25 final reading, adopting the FY 2010 -11 budget. The vote was 3 -1 with Councilmember Scagliola voting no. Motion Carried 2. Ordinance No. 10 -T -26 -Tax Rate for Fiscal Year 2010 -11 - Consideration and /or action approving an Ordinance on the proposed FY 2010 -11 Tax Rate. Final Reading (D. Harris /J. Santoya) Mayor Baldwin recognized Assistant City Manager David Harris who introduced this stating that last week the Council approved the rate of $0.4493 and recommends approval. 9 -07 -10 Minutes Page - 3 - Mayor Baldwin recognized Councilmember Scagliola who made a motion to set the rate past the rollback rate of $0.4676 and let the residents be heard. Mayor Baldwin recognized City Manager Don Taylor who stated Councilmember Scagliola can not raise taxes greater than the budget that they just approved. You can only set a rate that will match the budget. Mayor Baldwin stated that several weeks ago the Council set a maximum tax rate that the Council could go to before they started the public hearings and voting on it. The rate was set at $0.4675 at that time and Council could not exceed that legally even if they wanted to. Councilmember Scagliola withdrew his motion of $0.4674 and moves to set the rate at $0.4342. Motion died for lack of second. Mayor Baldwin recognized Councilmember Carpenter, seconded by Councilmember Fowler to approve Ordinance No. 10 -T -26 adopting the tax rate for fiscal year 2010 -2011 with a rate of .4493. The vote was 3 -1 with Councilmember Scagliola voting no. Motion Carried Mayor Baldwin thanked Mr. Harris and Mr. Taylor and everyone for their hard work on the budget and again challenged staff to keep an eye on their budgets and is assured the city will find the $250,000 for reserves. 3. Minutes — Discussion and consideration and /or action regarding the approval of the minutes of the August 31, 2010, regular meeting. Mayor Baldwin recognized City Secretary Brenda Dennis who also mentioned that a correction was made on item 7, from 2 1/5 to 2 '' /z. Mayor Baldwin recognized Carpenter who moved, seconded by Councilmember Fowler to approve the minutes of the regular meeting of August 31, 2010 with corrections noted by staff. The vote was unanimous. Motion Carried 4. Resolution No. 10 -R -47 — Consideration and /or action approving a resolution approving a payment to the City from the Economic Development Corporation for Master Planning Costs. First Reading (J. Jewell) (Item was pulled from the 8 -24 agenda) Mayor Baldwin recognized Economic Development Director Jeff Jewell who introduced this item stating that action requested of Council approves a payment to the City from the Economic Development Corporation for the creation of master development plans for the City by Gateway Planning Group, Inc. Fiscal impact not to exceed $399, 175 to be paid for from EDC funds. The total project costs anticipated are $658,625 ($259,450 from General Fund and $399,175 from EDC). City Council approved this project on July 27, 2010 and on first reading at their August 31, 2010 meeting. Mr. Jewell stated there have been no changes since first reading and recommends approval. 9 -07 -10 Minutes Page - 4 - Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Councilmember Antuna to approve Resolution No. 10 -R -47 final reading. Vote was unanimous. Motion Carried 5. Resolution No. 10 -R -53 - Consideration and /or action approving a resolution authorizing the adoption of a revised City of Schertz Investment Policy. (R. Galindo) Mayor Baldwin recognized Assistant Finance Director Robert Galindo who introduced this item stating that the City of Schertz requires an annual review of the City of Schertz Investment Policy. The Investment Committee recommends maintaining the existing Schertz Investment Policy without any changes. There is no fiscal impact and staff recommends approval. Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Councilmember Scagliola to maintain the existing Schertz Investment Policy without any changes. The vote was unanimous. Motion Carried. 6. Ordinance No. 10 -M -27 — Consideration and /or action approving an Ordinance repealing Ordinance No. 10 -M -04 - setting the time of City Council Meetings. First Reading (M. Spain) Mayor Baldwin recognized City Attorney Michael Spain who stated that this ordinance actually amends ordinance 10 -M -04, which was approved earlier this year. He stated that last week, Council requested the opportunity to change the meeting start time to 5:30 p.m. Mayor Baldwin recognized City Attorney Michael Spain who stated that this item would allow for discussion and possible action. He stated that should Council approve this item, it would take effect in 30 days. He asked if Council wanted this to take affect in thirty days or earlier than thirty days. Councilmembers stated that they wanted to keep it at thirty days to allow time to get the information out to the citizens. Councilmembers discussed the possibility of an earlier start time and the thirty -day notice. The consensus of Council was to approve the new start time of 6:00 p.m., which will take affect in 30 days after final reading, to allow enough time to post the new start time for the citizens. Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Councilmember Scagliola to approve Ordinance No. 10 -M -27 moving the time of the City Council meetings to 6:00 p.m. effective on the first regular meeting date, which is thirty days after the date of its final adoption. The vote was unanimous. Motion Carried. 7. Resolution No. 10 -R -54 - Consideration and /or action approving a resolution of the City of Schertz, Texas, amending and replacing Resolution No. 10 -R -52 amending 9 -07 -10 Minutes Page - 5 - the Fee Schedule of Appendix C of the Code of Ordinances, City of Schertz. (D. Harris) (City Manager Don Taylor requested this be placed back on the agenda) Mayor Baldwin recognized City Manager Don Taylor who asked that this item be pulled from the agenda. No action taken. 8. Appointments /Resignations to Boards and Commissions /Committees — Consideration and /or action regarding appointments/ resignations to Boards and Commission/Committees. • Resignation of James Harden from the Economic Development Corporation Mayor Baldwin recognized Councilmember Fowler who moved, seconded by Councilmember Antuna to ratify the resignation of James Harden from the Economic Development Corporation. The vote was unanimous. Motion Carried. • Appointments to the TSAC Commission Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by Councilmember Fowler for the appointment of Byron Sanderfer to alternate position on TSAC. The vote was unanimous. Motion Carried. • Appointments to the Parks & Recreation Commission Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by Councilmember Fowler for the appointment of Patrick Russell to alternate position on the Parks and Recreation Commission. The vote was unanimous. Motion Carried City Council did not meet in Executive Session. EXECUTIVE SESSION Called under Section 551.071 Texas Government Code Litigation, pending litigation; Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange, sale, lease, or value of real property. 9. Take any action deemed necessary as a result of the Executive Session. No action taken as Council did not meet. Requests and Announcements 10. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 9 -07 -10 Minutes Page - 6 - Mayor Baldwin asked staff to place an item on the next agenda for a presentation by VFW Commander, Mr. Mike Espinola, Sr., regarding the Veterans Plaza location. 11. Requests by Mayor and Councilmembers to City Manager and Staff for information. Mayor Baldwin recognized Councilmember Scagliola who asked whom would be in charge of the upcoming National Night Out Celebrations. Assistant City Manager David Harris stated that Special Projects Officer, Shawn Ceeko again would be in charge of setting up the times. Councilmember Scagliola requested that staff place the Northcliffe HOA earlier on the list. Mayor Baldwin recognized Councilmember Antuna who stated that last week Mayor Baldwin mentioned that Comal School District would be building a new high school off IH -35 and FM 1103 on access road. Councilmember Antuna stated he received information that they would be pushing back the location of the high school toward FM 482 and leave the IH -35 for future development. He requested if staff could get in touch with Comal ISD and have them come to a future Council meeting and present information regarding the location. 12. 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 Councilmember Carpenter who stated that as he was driving around today during the height of the rain he was pleased to see that the City's drainage improvements and street improvements were all working properly. He stated that there were traffic lights down in the City and that the police department was out in full force, as well as the first responders assisting to keep everyone safe. He congratulated everyone for a job well done. Mayor Baldwin recognized Councilmember Fowler who stated that he was in the South area of San Antonio earlier today when the storm hit and there were many areas flooding. He also observed the road signs, which had slipcovers on them and noticed several that had been blown off due to the high winds. Councilmember Fowler also stated that he went by the storm drain next to Lowe's this afternoon and to his belief, the drainage issues have been solved and was happy to see it working. Mayor Baldwin recognized Councilmember Scagliola who stated that he attended a Belt Ceremony at Kung Jung Mu Sul on Friday. He stated that Mr. Meyers does an outstanding job with the students and mentioned that classes are also available for adults. 9 -07 -10 Minutes Page - 7 - Mayor Baldwin recognized Councilmember Antuna who reminded everyone about the Water Symposium tomorrow, but that he would be unable to attend. He also stated he drove through areas of Schertz this morning mentioning the Aviation Heights and Pecan Street areas there that still need to be attended to. Mr. Antuna stated that the drainage improvements recently performed down Dietz Creek are working; he publically thanked Public Works and Engineering staff. Councilmember Antuna stated that recently was going through Alamo Heights toward New Braunfels and saw a Schertz Fest sign and stated it had the wrong dates on it and knows that staff is aware of the wrong dates. Mayor Baldwin invited members of Council to attend the Water Symposium, which will be held tomorrow at the Civic Center starting at 8:30 a.m. It will be a very interesting discussion on ways to develop and provide water to communities and ways to develop brackish water. Representatives Kuempel and Miller will attend. 13. Announcements by City Manager • Recognition of City employee actions • New Departmental initiatives Mayor Baldwin recognized City Manager Don Taylor who stated he appreciates Council recognizing the efforts of the Public Works department and Police department. Mr. Taylor also stated there would be a meeting with representatives from the Mesa Oaks on Thursday, September 9, 2010, at 6:30 p.m. representatives at the Civic Center. City Manager Don Taylor provided a briefing on areas affected today by the water and the drainage improvements: • Live Oak and Schertz Parkway had water coming off the Woodland Oaks area. • Lowe's project is still on going and there are plans to add on the drainage system there. • Channel behind City Hall is holding and moving water well. • Alert systems now in place should Cibolo Creek rise. • Low water crossing working well. Mayor Baldwin recognized Assistant City Manager David Harris who provided the following information: • YMCA Grand Opening, Thursday 10:00 a.m. • LCRA meeting on proposed power lines, September 16, 2010, Columbus Hall from 5:00 p.m. to 8:00 p.m. • Absolute Jazz, Saturday, September 11, 2010, Pickrell Park 5:00 p.m. to 11:00 P.M. ADJOURNMENT 9 -07 -10 Minutes Page - 8 - As there was no further action, Mayor Baldwin_qd�o*ed th Rpeting at 7:59 p.m. Hal Baldw n, Mayor ATTEST: (;renda Dennis, �TRMC, CMC City Secretary 9 -07 -10 Minutes Page - 9 -