08-05-03
Schertz City Council – Regular Session
Tuesday, August 5, 2003
The Schertz City Council convened in regular session on Tuesday, August 5,
2003 at 7:00 p.m. in the Municipal Complex Council Chambers, 1400 Schertz
Parkway, Schertz, Texas. The following members were present: Mayor Pro-tem
Greenwald presiding, Councilmembers Carl Douglas, Steve Simonson, Reginna
Agee, and Tony Wilenchik. Mayor Hal Baldwin absent. Staff members present
were City Manager Mark Marquez and Deputy City Secretary Mary Ybarra.
Mayor Pro-tem Greenwald called the meeting to order. Before the pledge, he
introduced Scout leaders for Troop 624. The troop is attending as one of the
requirements (City Council Meeting) to earn badges. Council welcomed them.
At this time, he asked everyone to rise and join him in the Pledge of Allegiance to
the Flag.
Mayor Pro-tem Greenwald informed everyone in attendance that Mayor Baldwin
was on vacation. He would be sitting in as Mayor-Pro-tem for a couple of
meetings.
#1 PROCLAMATION
Mayor Pro-tem Greenwald read proclamation in support of the 20 Annual
th
“National Night Out” on August 5, 2003. Police Chief Steve Cantrell accepted on
behalf of the Schertz Police Department. He added Police Officers were busy this
evening attending neighborhood night out functions throughout the City.
#2 PRESENTATION OF LIFESAVING CERTIFICATES
Mayor Pro-Tem Greenwald commented that the presentation this evening is very
unique. Recently, pool personnel experienced an incident with a gentleman
having a seizure while in the pool. He was quickly removed from the pool; life
support started and is believed he is doing quite well.
At this time, Ms. Douglas, Community Service Director, introduced and
presented certificates to the following; Alex Duriex, Pool Manager, and Sam
Jennings, second year lifeguard and first year with Schertz. These two
individuals were responsible for performing rescue procedures. Nicole
Zimmerman, called 911, Jennifer Brown, controlled crowd and Jared Warner,
pulled swimmer out of water. Pool personnel responded to swimmer in trouble
and were successful in getting the unconscious individual out of the pool. The
Council, and Ms. Douglas are very proud of lifeguard personnel; they definitely
deserve recognition. Lifeguards were also presented with $25 saving bond from
the City.
#3 INTRODUCTION OF NEW EMPLOYEES
Police Chief Cantrell introduced the following new employees, 3- Police Officers
and 1-addition to Animal Control.
Jacob Pullen started with City on June 2, 2003 as a patrolman. Attend SW Texas
University Police Department. Worked as public safety officer as well as
dispatcher for two and a half years. Obtained a BA in Criminal Justice, May of
2003 from SW Texas University and also obtained basic peace officer license in
May of 2003 from CAPCO Regional Training Academy. We’re happy to have
him on board.
Chris Duprat is currently a city employee, working as dispatcher for over a year.
He obtained his peace officer license and was promoted to patrolman on July 15,
2003. We’re happy to have him on board in patrolman status.
Michael McGuire started with City on July 24, 2003 as a patrolman. Worked for
Kendall County Sheriff’s Department for two years as jailer and before leaving
earned the title of jail shift supervisor. We’re glad to have him on board.
Lynnette A. Wilson started with City on June 2, 2003 and works as part-time
Animal Shelter Operator. She has a BS in Animal Science, comes with valuable
experience and we are happy to have her on board.
Council welcomed all new city employees and wished them well.
#4 HEARING OF RESIDENTS:
Will Brown-2601 Kingsland Circle and President of Woodland Oaks
Homeowners Association commented on the following:
??
Reported on letter submitted to City Manager and Assistant City Manager
in regard to proposed health walk on behalf of the association. He
mentioned the point of contact was Ramon Cook, and added it was his
understanding that discussions have transpired between several
Councilmembers and the City Manager. However, the association has not
received response from City Council or the City Manager on decision.
Having submitted in writing to the City Manager, the association would
appreciate receiving response on decision.
??
Referred to City Code and conversation with previous City Manager on
the subject. He was informed the project was ongoing, process has
running into server problems. The City is working on getting information
out to Homeowner Associations (HOA) regarding city code. Mr. Brown
emphasized the information is beneficial in determining whether it’s a
violation to City Code or is it a HOA problem. What is the progress on
getting City Code on website? Mr. Brown was informed the City is still
working on the process and it’s just a question of time.
Robert Brockman - 4505 Grand Forrest commented on the following:
??
Mentioned that Schertz Bank and Trust had free hot dogs and Radio
Station Y100 as part of “National Night Out”.
??
Asked what is school speed limit on Williams, Cook and Pfeil Streets?
There is sign indicating school speed limit begins, but no indication of
what the limit is. Was informed the issue would be taken care of. He went
on to say that on Curtiss Ave. there is no sign indicating what is the speed
limit on the street. There is a sign indicating the school zone limit, but not
the other. Matter would be checked out.
??
Suggested Code requirements such as trimming trees and bushes at
sidewalk, over pavement could be published in the “Schertz Tales”.
Another code requirement is grass cannot be taller than 8 inches. He
believes there is no need for more ordinances, but enforcement of
ordinances in place. Let’s get the word out to citizens.
??
Referring to commissions, committee’s and others sending
recommendations to City Council, he would to see that the public is
informed that the recommendation from these entities are in form of
recommendations only and that City elected official’s are responsible for
the enforcement and operation of the City as a whole.
Geoff Nierstedt-100 Pecan Drive, Roadrunner Towing made presentation on
towing proposal for the City of Schertz Police Department. He believes business
can cover all services, such as heavy-duty towing, clean-up and hazardous
material to name a few. The presentation included business equipment
information, price list, and references. The business is ready to assist the Police
Department, and proposal provided is for review by Council giving detailed
information on services available. Mr. Nierstedt was informed the City is in the
process of working up a wrecker (towing) franchise agreement and needs time
for review.
Mr. Nierstedt thanked Council for their time and believes proposal information
would be helpful as Council begins their process.
#5 APPROVAL OF MINUTES: Regular Session 7-01-2003
Workshop Session 7-09-2003
Councilmember Agee moved to approve the minutes of July 1, 2003 and July 9,
2003 as written. Councilmember Douglas seconded the motion, which carried
with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, and Wilenchik.
NAY: None.
#6 ORDINANCE: Consider and take action on first reading of
Ordinance regarding agreement with Bexar Waste.
Mayor Pro-Tem explained the Ordinance is not new. As discussed at workshop
session, Mr. Gutierrez is requesting an extension on contract with City.
City Manager Marquez advised of several changes highlighted. He indicated the
franchisee is making provision for disposal of bio-hazardous waste at no cost to
City; rates will remain in effect until Council approves changes. The Ordinance
was sent to City Attorney for quick review, and suggested change is to first
paragraph with the following, …..”the public interest and necessary to protect
the health and safety of the citizens of Schertz to have…”. The statement is
necessary due to the requirement of the bidding statutes.
Mr. Gutierrez stated he was proud to service the citizens of Schertz. Has had a
long partnership with the City and will continue to give residents, commercial,
construction customers the best services and reasonable rates. He thanked
Council for their help and consideration.
Councilmember Simonson moved to approve first reading of Ordinance
regarding agreement with Bexar Waste. Councilmember Agee seconded the
motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, and Wilenchik.
NAY: None.
#
7 ORDINANCE: Consider and take action on final reading of
Ordinance regarding maximum speed limits in school zones.
City Manager Marquez informed Council of change to Ordinance regarding
lunch periods; some signage will include lunch period where it is appropriate.
Not all signage require lunch period times. There were no other changes.
At this time, Mayor Pro-Tem Greenwald introduced an Ordinance and read the
caption as follows:
ORDINANCE NO. 03-D-21
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS PROVIDING THAT THE CODE OF
ORDINANCES OF THE CITY OF SCHERTZ, TEXAS BE
AMENDED BY REVISING SECTION 18-75, MAXIMUM LIMITS IN
SCHOOL ZONES; AND PROVIDING A REPEALING CLAUSE.
Councilmember Douglas moved to approve the final reading of Ordinance
regarding maximum speed limits in school zones. Councilmember Wilenchik
seconded the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee and Wilenchik.
NAY: None.
#8 RESOLUTION: Consider and take action on Resolution regarding
City of Schertz Credit Card/Debit Card policy.
City Manager, Marquez advised resolution was discussed at a previous
workshop session, where details were explained such as city having the
capability of allowing (convenience to citizens) the ability to pay any debt owned
to the City via credit card. Only Visa, MasterCard and Discover will be accepted
and as discussed the City is also allowed (by statute) to charge processing fee. In
an internal analysis conducted a process fee of 4% (of amount) would be
imposed up to $100 ($4.00 max). Periodically, fee would be evaluated (6-8
months) to see if costs are being covered. As discussed, if debt card is used a fee
of $.57 per transaction would be imposed. This is a good service for citizens of
Schertz.
At this time, Mayor Pro-tem introduced resolution and read the caption as
follows:
RESOLUTION NO. 03-R-13
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING THE USE OF “CREDIT OR DEBIT CARDS” TO
PAY DEBTS TO THE CITY OF SCHERTZ, AND AUTHORIZING THE
COLLECTION OF A “CONVENIENCE FEE” FOR USING SUCH
CARDS.
Councilmember Simonson moved to approve the resolution regarding credit and
debt card policy. Councilmember Agee seconded the motion, which carried with
the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, and Wilenchik.
NAY: None.
#9 ORDINANCE: Consider and take action on first reading of
Ordinance regarding request from Hubertus Investment Company to annex
1.345 acres of land out of Comal County.
City Manager, Marquez advised that petition for annexation came at the request
of Hubertus group. The petition is for voluntary annexation. After reviewing,
ordinance will have a slight adjustment to clearly reflect it is a voluntary petition.
Because, it’s voluntary a public hearing isn’t necessary, only ordinance approval
is needed. A map, metes and bounds are attached for review.
Councilmember Carl Douglas moved to approve first reading of ordinance
regarding request from Hubertus Investment Company to annex 1.345 acres of
land out of Comal County. Councilmember Wilenchik seconded the motion,
which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee and Wilenchik.
NAY: None.
#10 Items by City Manager
General Announcements
??
Advised that during the Seguin/Schertz Local Government Corporation
celebration one name was omitted, his error. At this time, he asked Ms.
Amy Madison to come forward and stated he would like to make amends
for his error. He presented her with a small memento that most of the
participants received at celebration. He apologized for not recognizing her
and would like to take the opportunity to thank her for all the work she
has done with the Seguin/Schertz Local Government Corporation.
Ms. Madison commented that the water project is the reason she is in
Schertz, and thanked Mr. Marquez.
??
Reported that most of the morning was spent in Commissioner’s Court.
He and Councilmembers Douglas and Simonson were in attendances.
He went on to say issue of EMS function was discussed and the
Commission decided to keep the County contract until the contract
expires.
Councilmember Simonson briefly explained what transpired at meeting.
Commissioner’s Court agenda included discussion and action on
Southcross Ambulance proposal to take over contract for both cities
(Seguin/Schertz).
This type of business and the statement made by County Commissioner’s
make him believe that City Council as well as City staff need to be diligent
in attending meetings and business conducted. Council was advised that
Commission had directed the Judge to call the respected cities for
negotiation purposes; Judge reported no one could be contacted and no
one returned calls. Later called on it by Schertz City Manager, which lead
him (Judge) to omit that call wasn’t made to Schertz City Manager.
Schertz needs to be diligent on how the County does business when it
involves Schertz citizens at this end of the County.
Councilmember Simonson also, commended Dudley Wait, EMS Director
for a superb job in comments and explaining the problem of EMS service
and what is involved. He thanked and commended Mr. Wait for a fine job
representing the City of Schertz. Councilmember Douglas seconded the
statement made by Councilmember Simonson. He believes no one in City
government could have put forth the issues as well as Mr. Wait did,
showing complete familiarity, drive and emotion, and still remain cool,
calm and collective. He did the City proud today with the presentation.
Mr. Wait thanked Council for their kind words, and commented that he
has devoted eighteen years of his life to an industry, and when he believes
(not only citizens he protects) but in other areas contemplating taking a
step backward, it’s greatly disturbing.
??
Reported that in the same Commissioner’s Court meeting, the
Commission failed to renew the animal control contract. Thus, the
cancellation will possibly require lay-off of one employee, and change in
hours of operation.
#11 Items by Council
General Announcements
Councilmember Douglas
Liaison EDC
Had no comments.
Councilmember Simonson
4-B Board
Liaison BVYA
??
Reiterated his statement earlier, it’s important to have at least one
Councilmember present at Commissioner’s Court meetings, not only
Council, but also staff members as well. He took the opportunity to thank
Jim Wolverton, County Commissioner for introducing Schertz Council at
the meeting. He believes it’s important to have representation (Schertz) at
these meetings.
??
Councilmember Wilenchik asked if Schertz could become it’s own
county? Is it an option? He was advised that currently it is not an option,
however City Attorney would take a quick look. Another option would be
to look into the possibility to change the county seat.
Councilmember Agee
4-B Board
Liaison Schertz Housing Authority
Liaison Schertz Library Board
??
Reported attending the Library Advisory Board and is happy to report
that “Treasure Plant” will be showing at the playscape, Saturday about
dusk (8:30 pm). The showing is free to all. The turnout (of 200+) for
“Potters in Park” in June was such a success that a bigger crowd is
expected.
??
Asked Ms. Gail Douglas, Community Service Director to report on
summer reading statistics. Ms. Douglas commented that over 465,000
minutes were read and attendance rose from approximately 600 to over
800. The library had a 59% increase from last year. The library also had
record numbers of actual books checked out. There were more books
checked out in June and July of this year than the first year she was
librarian.
Councilmember Wilenchik
4-B Board
Liaison Schertz Humane Society
Liaison HOA Coalition
??
Reported on call received from a woman in Silver Tree regarding problem
with mowing of ditch, trees, etc. After, making a call to Public Works, Sam
Willoughby, the problem was taken care of. He would like to take the
opportunity to thank Sam for the quick response.
??
Reported on another call from resident in Forest Ridge Subdivision
regarding traffic problem backing up on FM 3009 all the way to entrance
of Forest Ridge. He was advised Police Department would look into the
situation. It is believed the back up is during 5:30 and 6:00 pm. The one
lane will be closed for approximately 2-3 weeks.
??
Asked about the possibility of putting stop signs at intersection of
Woodland Oaks and Schertz Parkway until such time that traffic light is
placed. He witnessed what could have been a very serious accident. He
was advised the City would contact engineer and contractor about the
situation.
Councilmember Greenwald
4-B Board
Had no comments.
#12 Items by Mayor
Mayor Baldwin was absent.
City Manager Marquez asked Council to consider moving agenda item #13
Budget Workshop after item #14, Executive Session. The Budget Workshop
could possibly be very lengthy. It was Council consensus to move to item #14
and 15. At this time, Council moved into the Conference Room.
#14 EXECUTIVE SESSION; Called under Chapter 551 of the Texas
Government Code, Sub-Sections:
551.071-consultation with attorney
551.071-consutlation with attorney on contemplated litigation
551.071-Deliberation regarding real property
An Executive Session was held from 8:00 pm to 9:18 pm.
#15 Action, if any, on above Executive Session.
No action was taken.
Council re-convened at 9:18 pm in regular session.
#13 BUDGET WORKSHOP
City Manager Marquez advised a copy of proposed budget was provided for
Council as part of packet. The budget was submitted on time to City Secretary as
required by City Charter.
City Manager Marquez covered the following:
??
Tax rate remains the same at .3825. There was no increase.
??
Increase on taxes, the assessed valuation rose from $1,005,399,711 to
$1,105,234,626, approximately $1,000,000,000 raise. $41,000,000,000 due to
new growth, remainder was increased assessments. The average increase
would be between 3% and 5%.
??
Requirement of debt service and the use of excess I&S money applied
lowering the debt service, driving the I&S rate down. Even though I&S
rate was slight higher last year, the tax rate was managed keeping flat by
reducing the M&O to.2946. City is well below roll back rate in both I&S
and M&O. City of Schertz is financially sound.
??
Hiring of additional (6) employee’s to man new Fire Station. Additional
Police Officers for Police Department. Additions planned for mid-year.
Also, adding a court clerk and the possibility of hiring a sanitarian.
??
Taking the Economic Development Department completely out of
corporation money, leaving only PIO Department.
??
Discuss nature of “Reserves”, designated versus un-designated.
??
Informed all departments are balanced. However, this fiscal year there
may be some deficient, possibly two. EMS; due to conversion taking a bit
longer to bite. Some computer problem, however foresee recovery.
Water fund is another potential.
??
Sales tax increase of $100,000.
??
Proposal of going to 2-1 on retirement: will remain at 1 ½ -1.
??
Personnel merit back into the system, and includes a 2% COLA. The
COLA will kick in at merit evaluation. The increase may equate as much
as 6% for some employees.
??
Budget had “capital” cut outs, lots.
??
General Fund Reserve estimate at 3 million dollars.
??
EMS at zero.
??
Water Fund Reserve estimate at 2.8 million dollars.
??
Tax I&S Fund estimate at $434,000. Money used to pay debt services.
??
Recycling Fund estimate at $12,000. Should cover expenditures; Fall and
Spring Clean up.
??
Schertz Development Foundation estimate at $102,000, with no debt.
??
Hotel/Motel estimate at $261,000. During past year have tapped into an
estimate $55,000. Doing studies, Business Appreciation Dinner , etc.
??
TIF estimate at $88,000.
??
Park Fund estimate at $177,000. Need to look at utilizing money; there is
time limit to holding money.
??
Seizure Funds (not a General Fund process) estimate at $223,000.
??
Capital Recovery estimate at 3.5 million.
??
SED Corporation estimate at $472,000.
City Manager Marquez commented the above covered all funds. Gives the
Council a flavor of the Cities financial strength. The City is in no shape of form
in any trouble, City has sufficient reserves. City is in good solid shape.
#16 ADJOURNMENT
Being no further business Mayor Pro-tem Greenwald moved to adjourn the
meeting at 10:02 p.m.
_________________________
Mayor, City of Schertz, Texas
ATTEST:
________________________________________
Deputy City Secretary, City of Schertz, Texas