ccreg 09-07-04
COUNCIL - REGULAR SESSION
TUESDAY, SEPTEMBER 7,2004
The Schertz City Council convened in Regular Session on Tuesday, September 7,
2004 at 7:00 pm in the Municipal Complex Council Chambers, 1400 Schertz
Parkway, Schertz, Texas. The following members were present: Mayor Pro-Tern
Simonson presiding, Councilmembers Carl Douglas, Tony Wilenchik and Ken
Greenwald. Absent Mayor Baldwin and Councilmember Agee. Staff members
present City Manager Mark Marquez and Deputy City Secretary Mary Ybarra.
Mayor Pro-tern Simonson welcomed everyone and called the meeting to order at 7:00
pm, and asked everyone to rise and join him in the Pledge of Allegiance to the Flag.
#1 PUBLIC HEARING: To receive citizen input on the proposed tax rate
for FY2004/2005.
City Manager Marquez reported that the proposed tax rate for FY200412005 is .3760
a drop from last fiscal year of .3825.
At this time, the Public Hearing was opened for citizen comments.
There were none
#2 ADJOURNMENT:
Mayor Pro-tern Simonson closed the Public Hearing at 7:02 pm.
The Schertz City Council convened in Regular Session following the Public
Hearing on the tax rate. The agenda is as follows:
#1 HEARING OF RESIDENTS:
Robert Brockman, 4505 Grand Forest made following comments:
. Commented that there is a light out at Animal Shelter (sign). Asked if work
order had been placed. No one could give him an answer. It would be checked
out.
. Mentioned that a handout published in Seguin only contains Schertz Mayor
Baldwin telephone number. No Councilmember telephone numbers were
published, as well as the omitting naming the City Manager.
#2
APPROVAL OF MINUTES:
Regular Session
Workshop Session
Regular Session
5-18-04
6-09-04
6-15-04
Councilmember Wilenchik moved to approve the minutes of Regular Session May
18, 2004; June 9, 2004 and June 15, 2004. Councilmember Greenwald seconded the
motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Wilenchik and Greenwald.
NAY: None.
#3 PUBLIC HEARING:
budget for FY2004/2005.
To receive citizen comments on the proposed
City Manager Marquez explained that this year's budget preparation was just as
difficult as other years. The budget this year includes an indication of Council
priorities set earlier in the year; drainage, quality of life issues, annexation and
personnel. The budget covers the entire range of priorities. "Were all met", "No",
money wasn't available. If everyone recalls, at the City Forum these issues were
discussed and it was agreed that the City would go forward with quality of life issues,
etc., as the City could afford it. He reiterated the fact, that the City is working
drainage issues (FEMA project) and anticipate competition sometime at the end
October, if at all possible.
At this time, a slide presentation was presented showing a historical review of
assessed evaluation and tax rate over the last ten years. It was surprising to see the
City's level of growth this year equating to almost 180 million dollars. Because of
this, the City was able to decrease the tax rate. The City has grown ( average)
approximately 15% per year. Charts were presented as part of presentation showing
general funds, revenues and expenditures, and a debt chart was also presented over
several years.
At this time, the public hearing was opened for comments.
There was a question whether the cost of recycling was paying for itself. The answer
was no. The fee of $1.25 is simply the cost of service to take it away. The City on the
other hand collects the revenue (provider selling the product). Revenues collected
from recycling pays for the City Fall and Spring clean up.
Will Brown. 2601 Kin2sland commented on Technology IT line item. Inquiring on
Internet services such as access to City Codes. Is this line item for the purpose of
providing the service? He was advised the process is ongoing; on updating and
continuing in that direction.
Dennis Ford. 2462 Cove Crest (Woodland Oaks) commented that based on new
budget there is an increase in revenue from last year. Is there a break down of where
the increase is going? The budget indicates the addition of five more fire fighters, are
pay raises also anticipated. He was advised there is some selective pay raises, and
several things have been done on the personnel side; adding five fire fighters and one
training officer; pay study was done and found that some personnel were severely
under paid. Because of the study some personnel would be receiving pay raises. A
merit increase is also built in, and it may be as high as 4% or none, depending on
evaluation of employee. Every employee has the opportunity to increase based on his
or her evaluation. Also, an increase in the retirement system was upgraded from 1 1/2
to 2. For every dollar the employee puts in the City will match 2 to 1.
A question was brought up as to whether the budget book was available and would
someone have to pay for it. They were advised that a copy of the budget when
finalized is made available at the Library, however if someone would like to purchase
a copy, it would cost .10 cent per page.
City Manager Marquez thanked Juan Santoya, Finance Director, Joyce Debuysere,
Account Manager for crunching numbers and a special thanks goes to Department
Heads for working through budget meetings in order to finalize the budget.
With no further comments, Mayor Pro-Tern Simonson closed the Public Hearing at
7:30 p.m.
#4 ORDINANCE: Consider and take action on first reading of an
Ordinance approving the proposed budget FY2004/2005.
Mayor Pro-tern Simonson read caption of Ordinance on proposed budget FY
2004/2005.
A brief discussion followed on clarification of EMS revenue numbers proposed. It
was advised the number is the anticipated billable amount and the anticipated actual
revenue number is between 1.1 million dollars.
With no further comments, Councilmember Wilenchik moved to approve the first
reading of Ordinance on proposed budget FY2004/2005. Councilmember Greenwald
seconded the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Wilenchik and Greenwald.
NAY: None.
#5 ORDINANCE: Consider and take action on first reading of an
Ordinance approving the tax rate for FY2004/2005.
Mayor Pro-tern Simonson read caption of Ordinance on tax rate for FY 2004/2005.
With no further comments, Councilmember Douglas moved to approve the first
reading of Ordinance on tax rate for FY 2004/2005 of .3760. Councilmember
Greenwald seconded the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Wilenchik and Greenwald.
NAY: None
#6 ORDINANCE: Consider and take action on final reading of
Ordinance establishing a Reinvestment Zone for Tri-County Business Campus
(Schertz).
Mayor Pro-tern Simonson introduced Ordinance and read caption as follows:
ORDINANCE NO. 04-T-26
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS ESTABLISHING THE TRI-COUNTY BUSINESS
CAMPUS (SCHERTZ) LLC. REINVESTMENT ZONE.
Councilmember Douglas moved to approve final reading of Ordinance establishing
the Tri-County Business Campus LLC. Reinvestment Zone. Councilmember
Greenwald seconded the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, and Greenwald
NAY: Councilmember Wilenchik.
#7 ORDINANCE: Consider and take action on final reading of
Ordinance approving a Tax Abatement and Tax Abatement Agreement for and
with Tri-County Business Campus, LLC.
ORDINANCE NO. 04-T-27
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS APPROVING A TAX ABATEMENT AND A TAX
ABA TEMENT AGREEMENT FOR AND WITH TRI-COUNTY
BUSINESS CAMPUS LLC.
City Manager Marquez advised there are no changes and all requirements have been
met.
Councilmember Greenwald moved to approve tax abatement and tax abatement
agreement for and with Tri-County Business Campus LLC. Councilmember Douglas
seconded the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, and Greenwald
NAY: Councilmember Wilenchik.
#8 ORDINANCE: Consider and take action on first reading of
Ordinance creating a Municipal Court of Record in the City of Schertz, Texas.
City Manager Marquez advised Ordinance is not intended to go into affect until
January 1, 2005, and more discussion will follow, the Ordinance is setting the stage.
Councilmember Greenwald moved to approve Ordinance creating a Municipal Court
of Record. Councilmember Wilenchik seconded the motion, which carried with the
following votes:
AYES: Councilmembers Douglas, Simonson, Wilenchik and Greenwald
NAY: None
#9 RESOLUTION: Consider and take action on Resolution for Party in
the Park on September 18, 2004 regarding vehicles in the park, horses in the
park, alcohol consumption in the park after 11:00 p.m., noise in the park after
10:00 p.m. and insurance coverage for the event.
Mayor Pro-tern Simonson introduced a Resolution and read caption as follows:
RESOLUTION NO. 04-R-08
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS,
DESIGNA TING A PARTICULAR AREA; PARTICULAR DATES
AND PARTICULAR TIME FOR WHICH ALCOHOLIC
BEVERAGES MAY NOT BE BROUGHT INTO OR REMOVED
FROM PICKRELL PARK; AUTHORIZING EXTENTION OF PARK
HOURS; AUTHORIZING EXTENTION OF NOISE HOURS; AND
AUTHORIZING OTHER MOTORIZED VEHICLES IN
PARTICULAR PARK AREAS.
Councilmember Greenwald moved to approve Resolution for Party in the Park,
September 18, 2004 as introduced. Councilmember Wilenchik seconded the motion,
which carried with the following votes:
Before a vote was called the following comment was made.
City Manager Marquez explained that the Party in the Park is a benefit for the ALS
Foundation and added that the City has established a separate Corporation to handle
the funding. The City is not directly involved in the process, however with the
exemption of having to waive the various rules. The cause is a good cause, and
named the "Steve Simonson Foundation". It was created to honor him for good
service and to recognize the need for additional research and funding toward ALS.
He went on to say, that as it stands now, approximately 10 bands have been obtain,
food vendors, shuttle busing to and from the Park is planned and many more activities
utilizing the entire Park. It's the first time anything like this has been put together and
invites everyone to attend. It will be a lot bigger than the 4th of July event. The event
plans to have two stages with different band playing at each stage at various areas of
the Park.
Councilmember Greenwald spoke briefly explaining that ALS is a very debilitating
disease, starting fast and there is no cure. Unfortunately, Councilmember Simonson is
part of the ALS system.
Mayor Pro-tern Simonson thanked everyone and appreciates everything that has been
done.
At this time Mayor Pro-tern Simonson called for a vote, for motion made.
AYES: Councilmembers Douglas, Simonson, Wilenchik and Greenwald
NAY: None
#10 RESOLUTION: Consider and take action on Resolution relating to the
annexation of approximately 37.4 acres located adjacent to the existing city
limits adjacent and between Northcliffe and Scenic Hills Subdivisions (Project 1,
Northcliffe area) authorizing and directing the giving, filing and publication of
all required notices and the preparation of a Service Plan; and other matters
relating thereto.
Mayor Pro-tern Simonson explained the following Resolutions are part of the process
of Annexation. This is the first step of a lengthy process that includes Public
Hearings, etc., which would be held if Council decides to proceed with proposed
annexation proposals. The information provided includes metes and bounds of
property; map and service plan for each tract of land. The Resolution authorizes the
City to proceed with notification of property owners, proceed with requirements
associated with the process only.
City Manager Marquez advised the total acreage (6-different tracts) is approximately
775 acres, well within the City's allocation of 10% per year.
At this time, Mayor Pro-tern Simonson introduced a Resolution and read caption as
follows:
RESOLUTION NO. 04-R-09
Resolution relating to the annexation of approximately 37.4 acres located
adjacent to the existing city limits adjacent and between Northcliffe and
Scenic Hills Subdivisions (Project 1, Northcliffe area) authorizing and
directing the giving, filing and publication of all required notices and the
preparation of a Service Plan; and other matters relating thereto.
Amy Madison, Community Development Director explained the first tract is a strip of
land between Northcliffe and Scenic Hills Subdivisions, of which a portion sits in the
Cibolo ETJ. A lot of the annexation is clean up, and future growth, which would
enable the City to manage growth as development occurs.
Councilmember Greenwald moved to approve the Resolution relating to the
annexation of approximately 37.4 acres located adjacent to the existing city limits
adjacent and between Northcliffe and Scenic Hills Subdivisions (Project 1,
Northcliffe area) authorizing and directing the giving, filing and publication of all
required notices and the preparation of a Service Plan; and other matters relating
thereto. Councilmember Wilenchik seconded the motion, which carried with the
following votes:
AYES: Councilmembers Douglas, Simonson, Wilenchik and Greenwald
NAY: None.
#11 RESOLUTION: Consider and take action on Resolution relating to the
annexation of approximately 14.30 acres located adjacent to existing city limits
known as Old Wiederstein Road. (Project 2); authorizing and directing the
giving, filing and publication of all required notices and the preparation of a
Service Plan; and other matters relating thereto.
Mayor Pro-tern Simonson introduced a Resolution and read caption as follows:
RESOLUTION NO. 04-R-I0
Resolution relating to the annexation of approximately 14.30 acres
located adjacent to existing city limits known as Old Wiederstein Road.
(Project 2); authorizing and directing the giving, filing and publication of
all required notices and the preparation of a Service Plan; and other
matters relating thereto.
City Manager Marquez explained that essentially the area of 14.30 acres are the
roadways, Old Wiederstein Road running parallel to IH 35 and Wiederstein Road that
connects to IH35 that connects the two together. Both roads have been in the City's
ETJ and its time to annex the roads.
Councilmember Douglas moved to approve the Resolution relating to the annexation
of approximately 14.30 acres located adjacent to existing city limits known as Old
Wiederstein Road. (Project 2); authorizing and directing the giving, filing and
publication of all required notices and the preparation of a Service Plan; and other
matters relating thereto. Councilmember Greenwald seconded the motion, which
carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Wilenchik and Greenwald
NAY: None.
#12 RESOLUTION: Consider and take action on Resolution relating to
the annexation of approximately 119.44 acres located adjacent to existing city
limits line parallel to Maske Road at Fm 1518. (Project 3); authorizing and
directing the glvmg, filing and publication of all required notices and the
preparation of a Service Plan; and other matters relating thereto.
Mayor Pro-tern Simonson introduced a Resolution and read caption as follows:
RESOLUTION NO. 04-R-11
Resolution relating to the annexation of approximately 119.44 acres
located adjacent to existing city limits line parallel to Maske Road at FM
1518. (Project 3); authorizing and directing the giving, filing and
publication of all required notices and the preparation of a Service Plan;
and other matters relating thereto.
City Manager Marquez explained that the area is referred to as the "boot". The area is
the result of a three-way swap between the Cities of Selma and Universal City and it
is time to close up the area. The area is in Guadalupe County and is believed there are
no residents out there (No Mans Land) as it is referred to.
Councilmember Wilenchik moved to approve the Resolution relating to the
annexation of approximately 119.44 acres located adjacent to existing city limits line
parallel to Maske Road at FM 1518. (Project 3); authorizing and directing the giving,
filing and publication of all required notices and the preparation of a Service Plan;
and other matters relating thereto. Councilmember Greenwald seconded the motion,
which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Wilenchik and Greenwald
NAY:
#13 RESOLUTION: Consider and take action on Resolution relating to
the annexation of approximately 216.77 acres located adjacent to existing city
limits between FM 2252, FM 482 and Union Pacific Railroad. (Project 4);
authorizing and directing the giving, filing and publication of all required
notices and the preparation of a Service Plan; and other matters relating
thereto.
Mayor Pro-tern Simonson introduced a Resolution and read caption as follows:
RESOLUTION NO. 04-R-12
Resolution relating to the annexation of approximately 216.77 acres
located adjacent to existing city limits between FM 2252, FM 482 and
Union Pacific Railroad. (Project 4); authorizing and directing the giving,
filing and publication of all required notices and the preparation of a
Service Plan; and other matters relating thereto.
City Manager Marquez explained that the tract is one of the three holes in the area,
and this tract is the first of the three, and its time to close them up. This particular area
is of some concern for future development. For service provisions to cover the area
and future growth, it is time to close these areas up. City Manager Marquez added
that the new fire station (being constructed) would service these areas. The two areas,
Project 5, Hubertus Road area and Project 6, Friesenhahn Road area would tie all the
tracts and close the area for future development control.
Councilmember Douglas moved to approve the Resolution relating to the annexation
of approximately 216.77 acres located adjacent to existing city limits between FM
2252, FM 482 and Union Pacific Railroad. (Project 4); authorizing and directing the
giving, filing and publication of all required notices and the preparation of a Service
Plan; and other matters relating thereto. Councilmember Wilenchik seconded the
motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Wilenchik and Greenwald
NAY: None.
#14 RESOLUTION: Consider and take action on Resolution relating to
the annexation of approximately 225.40 acres located adjacent to existing city
limits line between FM 482 and Instate 35 near Hubertus Road. (Project 5),
authorizing and directing the giving, filing and publication of all required
notices and the preparation of a Service Plan; and other matters relating
thereto.
Mayor Pro-tern Simonson introduced a Resolution and read caption as follows:
RESOLUTION NO. 04-R-13
Resolution relating to the annexation of approximately 225.40 acres
located adjacent to existing city limits line between FM 482 and Instate 35
near Hubertus Road. (Project 5), authorizing and directing the giving,
filing and publication of all required notices and the preparation of a
Service Plan; and other matters relating thereto.
Councilmember Wilenchik moved to approve the Resolution relating to the
annexation of approximately 225.40 acres located adjacent to existing city limits line
between FM 482 and Instate 35 near Hubertus Road. (Project 5), authorizing and
directing the giving, filing and publication of all required notices and the preparation
of a Service Plan; and other matters relating thereto. Councilmember Greenwald
seconded the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Wilenchik and Greenwald
NAY: None.
#15 RESOLUTION: Consider and take action on Resolution relating to
the annexation of approximately 163.38 acres locate adjacent to existing city
limits line between Interstate 35 and Union Pacific Railroad near Friesenhahn
Road. (Project 6); authorizing and directing the giving, filing and publication of
all required notices and the preparation of a Service Plan; and other matters
relating thereto.
Mayor Pro-tern Simonson introduced a Resolution and read caption as follows:
RESOLUTION NO. 04-R-14
Resolution relating to the annexation of approximately 163.38 acres
locate adjacent to existing city limits line between Interstate 35 and Union
Pacific Railroad near Friesenhahn Road. (Project 6); authorizing and
directing the giving, filing and publication of all required notices and the
preparation of a Service Plan; and other matters relating thereto.
Councilmember Greenwald moved to approve the Resolution relating to the
annexation of approximately 163.38 acres locate adjacent to existing city limits line
between Interstate 35 and Union Pacific Railroad near Friesenhahn Road. (Project 6);
authorizing and directing the giving, filing and publication of all required notices and
the preparation of a Service Plan; and other matters relating thereto. Councilmember
Wilenchik seconded the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Wilenchik and Greenwald
NAY: None
#16 INTERLOCAL AGREEMENT: Consider and take action on Interlocal
Agreement for Fire Protection Services in Guadalupe County between the City
of Schertz and the City of Seguin.
City Manager Marquez explained that the two cities would manage fire protection
within the County. This by no means takes away from the volunteer departments; in
fact the funding will be increased. After negotiations between Seguin and County an
agreement was reached to provide fire services. A map is included in Council packet
denoting the general area of service. Payment to the City associated with agreement is
approximately $37,000.
Councilmember Wilenchik moved to approve the Interlocal Agreement for Fire
Protection Services in Guadalupe County between the City of Schertz and the City of
Seguin. Councilmember Greenwald seconded the motion, which carried with the
following votes:
AYES: Councilmembers Douglas, Simonson, Wilenchik and Greenwald
NAY: None
#17 INTERLOCAL AGREEMENT: Consider and take action on the
following:
a. Interlocal agreement for Emergency Medical Services between the City
of Schertz and Guadalupe County; and
b. Interlocal agreement for Allocation of Emergency Medical Services and
for Mutual Aid between the City of Schertz and the City of Seguin.
City Manager Marquez explained that the first agreement deals with the City of
Schertz and Guadalupe County. The City of Schertz bid on the contract and was
awarded the contract. As part of the agreement, it allowed the City to contract with
others to provide a balance of services. The City of Schertz would manage the entire
County; however sub-contract with other entities to provide services. The overall
contract with the County is approximately $691,0000.
a. Interlocal agreement for Emergency Medical Services between the City of
Schertz and Guadalupe County; and
Councilmember Douglas moved to approve the Interlocal agreement for Emergency
Medical Services between the City of Schertz and Guadalupe County.
Councilmember Greenwald seconded the motion, which carried with following votes:
AYES: Councilmembers Douglas, Simonson, Wilenchik and Greenwald
NAY: None
b. Interlocal agreement for Allocation of Emergency Medical Services and
for Mutual Aid between the City of Schertz and the City of Seguin.
City Manager Marquez explained that this is the first (City of Seguin) of several
agreements the City of Schertz will sub-contract with. Similar contracts will follow
with such City's as Luling, San Marcos and New Braunfels.
Councilmember Greenwald moved to approve the Interlocal agreement for
Allocations of Emergency Medical Services and for Mutual Aid between the City of
Schertz and the City of Seguin. Councilmember Wilenchik seconded the motion,
which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Wilenchik and Greenwald
NAY: None
#18 Items by City Manager
General Announcement
. Advised that copies of budget and audit are available at the Library. This
year's budget would be made available also. If a personal copy of the budget
were requested by anyone, there would be a fee associated with it.
. Reported lottery result of the TML accommodations, Holiday Inn Airport
(Corpus Christi) was selected for Council. There are options, if Council
desires to make other arrangements. He would like to poll Council for
guidance.
#19 Items by Council
General Announcements
Mayor Pro-Tern Douglas
Liaison EDC
Liaison-Schertz Library Board
. Advised there is a need for fence repair at the end of Dimrock Street.
There is a portion of the fence that is down. Also, grass has gotten out of
control along Dimrock Street and curbing.
. Reported that half of the Texas Pecan sign has been blown away. He was
advised the business is in the process of repairs.
. Asked for status on Sign Ordinance at the next workshop session.
Mayor Pro-Tern Simonson
4-B Board
Liaison BVY A
. Thanked the City of construction of the ramp, it will be tremendous help when
he receives his wheelchair. He was advised the construction was done in
house. Facility Maintenance Department personnel, Mike DeLeon and Bruno
Sepeda did a good job.
. Reported the passing away of Tom Dovey over the weekend. Mr. Dovey was
Inspector and the City's Tax Assessor Collector for many years. The viewing
is taking place at Schertz Funeral Home, 4-8 pm tomorrow and funeral to
follow at 8 am on Thursday.
Councilmember Agee
4-B Board
Liaison Schertz Housing Authority
. Ab sent
Councilmember Wilenchik
4-B Board
Liaison Schertz Humane Society
Liaison HOA Coalition
Ex-officio- TSAC
.
. Inquired if action from Council is needed to cancel meeting of October 27,
2004 (start ofTML Conference). He was advised yes, and it would be place
on agenda for action and consideration by Council.
. Inquired on sidewalk and draioage channel issues between the two Dove
Meadows. Has anything been decided. He was advised, it will be added to the
schedule for cleanup.
Councilmember Greenwald
4-B Board
Ex-officio P & Z Commission
Ex-officio SSLG Corp.
. Reported the street sign (top portion) at Gettysburg and Westchester is gone.
. Asked if Time Warner is being sold again. He was advised the business is
merely changing hands and would not affect services or franchise with the
City.
#20 Items by Mayor
General Announcements
. . Absent.
#21 ADJOURNMENT
There being no further busioess, Mayor Pro-tern Simonson adjourned the meeting at
8:35 p.m.
Mayor, City of Schertz, Texas
ATTEST:
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470