ccwks 04-10-02
Schertz City Council-
Workshop Session
Wednesday April 10, 2002
The Schertz City Council convened in workshop session on Wednesday, April
10, 2002 at 7:00pm in the Municipal Complex Conference Room, 1400 Schertz
Parkway, Schertz, Texas. The following members were present: Mayor Hal
Baldwin, presiding, council members Norma Head, Billy Pitts, Reginna Agee,
Tony Wilenchik and Ken Greenwald. Staff members present were City Manager
Dewey Cashwell and Deputy City Secretary Mary Ybarra.
#1 Hearing of Residents:
Robert Brockman of 4505 Grand Forest Dr. commented on the air-conditioning in
the conference room. Can something be done to better regulate the
temperature? At last evenings meeting it was pretty warm. Mayor Baldwin noted
the problem has existed for sometime and asked if something could be done
during the renovation period; possibly placing a thermostatic in the conference
room. Mr. Cashwell replied, he would check into it.
Mr. Brockman noted the City of Schertz is a certified city. Do we now why? City
Attorney, Michael Spain, replied the issue has to do with signs. The Texas
Department of Transportation published a list naming several cities in the State,
certified cities. However, the meaning is not known.
Mr. Brockman expressed concern about no one being available to lockup the
Community Center after the polls closed after the election. Someone should have
been responsible. Mayor Baldwin commented he isn't sure about the procedure
of today, but in the pass a key was made available at police dispatch for election
personnel to open and lockup. Has this changed?
Mr. Brockman commented that at one of the side streets behind the Sonic Drive,
there is a truck on blocks, with two transmissions lying underneath it. This isn't
right. He believes the truck has been there for several days. Mr. Brockman was
advised that officers were dispatched to check into.
Mr. Brockman went on say that some of the city officials were minus nametags at
the groundbreaking ceremony this afternoon.
# 2 Discuss request from Schertz-Randolph steering Committee to be
annexed into the SCUC ISO.
Mr. Cashwell pointed out the Schertz Randolph area would like to be recognized
as true Schertz citizens, however, the area has a number of issues, which the
neighborhood steering committee is hoping to achieve changing. Changes such
as s zip code (postal issue), inclusion in the city's comprehensive land plan,
school district issue, (seeking release from the East CentrallSD bond and placed
into the SCUC ISD), as well as voting issues, heritage issues, EMS response
issues, etc. The neighborhood area would specifically like to be closer identified
to both the city and school district rather then elsewhere.
At this time, Mr. Cashwell introduced Norma Slocum representative for the
Neighborhood area. Mr. Slocum informed council that the key issue is obtaining a
letter of support from the City of Schertz, to the SCUC ISD supporting their
petition to be de-annexation from East Central prior to the upcoming bond
election on May 4, 2002. Causing a tax revenue inflow of $148,000 to SCUC
ISD. Cities, Universal City and Cibolo are ready to support, if the City of Schertz
is prepared to do so.
It was council's consensus to provide a letter of support on behalf of the City of
Schertz. Mr. Slocum was advised that City Manager, Mr. Cashwell would draft
letter for the Mayor's signature. Also, he was advised that those representatives
for Universal City and Cibolo would be informed of the city's support.
#3 Discuss changes in ordinances related to:
A. Garage Sale Permits
B. Basketball Hoops
C. Alcoholic Beverage Permits
Mr. Cashwell explained that all items have to do with code enforcement that
helps maintain order in the community.
Leonard Truitt, Building Official informed council that in order to consolidate
permits in one location the inspection department will take over the issue of
garage sale permits. In review of the ordinance and policy, a new ordinance was
drafted incorporating parts of the policy and increasing the fee for these permits.
Mr. Truitt did point out that in the re-write process nothing was deleted or
replaced that changed the intent of the document.
Mr. Truitt explained the changes and addition to Article VII, Garage Sales,
Application for a permit:
Section 10-102.
(c) "and two officially authorized garage sale signs for an approved garage sale".
(d) "The city must receive an application, along with a list of participants, no later
than noon Wednesday before the event. Anyone wishing to be a part of a
neighborhood garage sale after the application has been submitted shall be
required to apply for a separate permit".
Section 10-103. Permit Cost
(a) Cost of permit increase to $10.00.
(b) Cost of $1.00 for each participant in a neighborhood sale.
(d) Cost of permit increase to $10.00.
Mr. Truitt pointed out that revenues would increase by an estimated $3,000.
Mr. Truitt continued with the Basketball Hoop issue, which falls under Chapter16,
Street and Sidewalk, Section 16-5, Painting or placing signs, poles, posts, etc. on
streets and sidewalks. He explained that in the ordinance this issue was turned
over to the police department for enforcement. However, the change will
authorize the Inspection Department the enforcement power.
He noted the changes to Section -16-5 as,
(a) "or in any public right-of-way"
(b) "... ... duty of the City Manager or designated representative".
Mr. Truitt also noted that a penalty section (16.6, Penalties) was added to the
code.
Lastly, Mr. Truitt addressed the Alcoholic Beverage Permits and stated that
currently the office of the City Secretary is the responsible party. The change
would allow a designated representative (Inspection Dept.) the authority to issue
the alcoholic beverage application, permit and collect fees; the health inspector
would be responsible for inspections.
Council member Reginna Agee questioned the selling of items at the Senior
Citizen located. Do the proceeds go to an individual or the housing authority? Mr.
Truitt informed council that the complex is not subject to permit, it is his
understanding that it is a courtesy to the elderly. However, will look into it, and
inform the complex of the ordinance change, which they will have to comply with.
#4 ~iscussion of recommendations and amendments to FY2001-2002
budget, mid-tear adjustments.
Mr. Cashwell stated that the documentation before council is recommendations
in terms of amendments to the mid-year budget. The Revenue budget
amendment from $605,900 to $944,010, support cost budget amendment is
removal or shifting of numbers not a change in the actual dollars, particularly in
non-departmental capital expenses, motor vehicle and much of the same in
capital figure of non-departmental, computer/peripheral. Monies will be put back
into the general fund, fund balance.
The Personnel budget amendment is characterizing the personnel costs,
inclusive of new personnel, and other changes during the course of the fiscal
year. The total figure of $165,195 does not exceed the numbers previously
presented in regard to new personnel. Subtotal figures include items beyond this
figure, such as the city managers increase in compensation; other categories
reflex personnel changes as well as new personnel. The line share for new
personnel is $145,000.
Continuing with the recommended Fund balance commitments, Mr. Cashwell
pointed out that the Contingency reserves current designated figure is $1,420,00,
revised to $2,420,00, with an available balance of $343,222. In Equipment
replacement the available balance is $20,109. Self-insurance - current
designated figure is $350,000, revised to $0, with available balance of $367,660.
Vehicle replacement designated figure of $175,000, revised to $150,000,
available balance $40,001. Air conditioning replacement available balance of
$73,533. A subtotal of $844,525, less pro-rated cost on approved land purchase,
transfer to city attorney contract and transfer of police vehicles, will leave a net
amount of $9,525 in fund balance to meet other needs for the next six months.
This figure will improve in the course of finalizing the budget.
Mr. Cashwell then explained the Schertz Parkway allocation of CO bond
proceeds. He pointed out how funds will be used; Schertz Parkway project and
the remaining dollars for landscape, and other contingencies and enhancement.
He continued with explanation on land purchase allocation of the Silber property.
He noted the total of $896,250 includes cost of land, closing cost, attorney and
recording fees. The purchase amount will be covered by three elements (general
fund balance, allocation to Schertz Parkway project and Water/Sewer fund
balance, re-payable loan). Lastly, the Weiderstein Road expansion fund; for 300'
of road (to FM3009) not covered by the developer (Forest Ridge), estimated cost
(over two budget years) $350,000. This amount will be covered by a repayable
loan from Water and Sewer fund balance. Mr. Cashwell explained that at some
point funds will be restored, either by revenue growth or re-new funds by bond
funds.
He went on to explain the Water & Sewer Department revenue budget and noted
that Johnny Bierschwale, Public Works Director was able to identified an
additional $205,347 in revenues available. The expense budget amendment
reflexes other costs particular salaries and cost related to personnel. Other
expenses include; pay contractor (Northcliffe/Scenic area) engineer services,
legal services, contingency was reduced and spread throughout the budget,
computer consultant, water & sewer maintenance and lastly
computer/peripherals were additional expenses. The next item is the
Recommended fund balance commitments with a subtotal of $3,590,243, with
bank balance added brings total to $3,831,490. However, with council designated
"wet year" contingency of ($750,000) it brings the undesignated fund balance as
of 3/31/02 to $3,081,490.
Mr. Cashwell explained that as previously noted the loan to the street department
for Weiderstein road improvement of $350,000 is subtracted from the above
figure bringing the total to $2,731,490 of available fund balance to the water &
sewer fund. He added that the projected allocation for the improvement would be
split- $200K in FY 2001/2002, and $150K in FY 2002/2003.
Mr. Cashwell informed council that these are the changes recommended and
that the package is a good package, conservative, and believes everything was
done to protect the fund balance.
Mayor Baldwin asked if the self-insurance reserve in the water & sewer fund
balance is the same as self-insurance in the general fund balance. It was
explained that the self-insurance reserve in water & sewer is vehicle and
equipment insurance coverage. The other is building of reserve to cover health
care insurance for the city.
In a brief discussion regarding the issue of self-insurance it was explained that at
one time the city considered becoming fully self-insured (health care plan).
However, the city established a health care program for their employees. The city
believed it was in the best interest of the city to carry a health care program
versus self-insurance. The city organization is not large (staff wise) enough to
benefit from self-insurance.
Mr. Cashwell informed council that some revisions would be made, surely not
major ones, and certainly not in the form of expenditures. Some enhancements
to the fund balance, but for the most part the figures will stay about the same. He
concluded by saying that revisions will be ready for council's review at their next
meeting.
# 5 Discuss and take action regarding letter of support to Cibolo for
"small city grant."
Mayor Baldwin explained that the City of Cibolo is applying for a "small city
grant". Of the criterion it emphases that projects receive support (in form of letter)
from other governmental entities. The City of Cibolo is seeking a letter of support
from the city.
Without further discussion, Mr. Pitts moved to provide of letter on the city's behalf
for a "small city grant" for the City of Cibolo. Mr. Wilenchik seconded the motion,
which carried with the following votes:
AYES: Councilmembers Head, Pitts, Agee, Wilenchik and Greenwald.
NAY: None.
# 6 Discuss benefits/services rendered to City of Schertz by Youth in
Christ and take action on their request for City to provide them (free of
charge) water and sewage.
Mr. Cashwell reported that the organization on several occasions has
approached the city to attain support. On this occasion the organization is
seeking city assistance to waive fee charges for water and sewer at their
location.
Mr. Cashwell went on to say that talks of possible "in kind" service have been
discussed. However, any direct contribution would require the city's compliance
with State law in form of an agreement indicating what exactly is provided in way
of services. He informed council that Mr. Spain, City Attorney has drafted a
document (at his direction) that would serve as a contract.
Mr. Cashwell deferred to City Attorney, Michael Spain. Mr. Spain informed
council that any time a city is asked to provide service without payment, it is
necessary to take a look at the terms of one of the constitutional provisions.
Article 3, Section 52 of the Texas Constitution essential states that a city can not
give away pubic money or items of value to private parties. There are ways
around this stated Mr. Spain. A city may receive value equal to or exceeding a
dollar value, which is equal to the dollar contribution provided by the city. The city
would have to put a dollar figure to the services provided and determine if the
contribution is equal in value.
It was pointed out that not only is the center requesting assistance for utilities, it
is also requesting assistance for the resurfacing of the parking lot. Mr. Cashwell
noted that this is the first time he has heard of such a request.
At this time, Mrs. Eunice Washington representative for Youth in Christ pointed
out that anyone (not only Schertz residents) can receive services from the
organization. Since the doors opened in January 2002, the services provided far
out weigh the in "kind services". In fact, the center has counseled approximately
10 families (Schertz residents) and the number of hours provided max
approximately $300 per family. She added that this is not including all the other
free services to residents such as tutoring and mentoring. Lastly, the center is
sponsoring a summer camp June through August that some parents (area
residents) can not afford, thus these children will not be turned away.
With this said, Mrs. Washington stated that the center would be happy to provide
figures (dollar costs) for services provided.
Mrs. Washington emphasized that the in "kind service" from the city would be
temporary. The center has applied for several grants and other funding, which
will start coming in by the first of October. So, assistance would only be for a few
months (5 months).
Mrs. Agee pointed out that in her opinion council could not take action on this
matter due to not having determined a dollar value for utilities and resurfacing the
parking lot.
In a brief discussion it was determined that action could be taken on the utility
portion, however, action on the parking lot issue could not. Council will wait until
a cost for resurfacing is submitted, and item placed on the agenda for action.
In discussion, it was determined that a dollar figure of $100 a month would be
used as equal value. If it were found that the number was incorrect, the center of
course would not be disconnected, however, a recalculation would be warranted.
Mr. Spain stated that he would have a contract drafted by council's next agenda,
with dollar figure calculation and number of months for the agreement.
Mayor Baldwin advised Mrs. Washington that action on the matter would be
placed on the next agenda of Tuesday, April 16th.
# 7 Discuss need for filling MPO Position.
Mr. Cashwell informed council that due to Steve. Simonson leaving employment
with the city there will be a need to fill an MPO position. Mr. Simonson has
served on the MPO steering committee for the past ten- (10) years. His benefits
have been immense to both this community and communities throughout the
northeast partnership.
At this time, Mr. Simonson explained that the MPO is looking for a
recommendation from the northeast partnership for a representative from the
Randolph region, the Kirby area to the City of Cibolo. It's not one position but
two. The technical advisory committee does all the groundwork on projects,
making sure all the funding, and engineering is correct before sending it on to the
steering committee, where the money is allocated. It is imperative that the region
maintain these two positions, having both positions filled is vitally important. The
position doesn't necessarily have to be a staff member it could be council
member, or a citizen. He has spoken to the group informally, of a person (Ron
Youngblood) that would be available and willing to attend every meeting.
Attendance is very important to meetings that would impact the Randolph region.
Mayor Baldwin asked if council doesn't have any concern, with Mr. Youngblood
representing the northeast partnership, the city will ask for support on
recommending Ron Youngblood to fill the position on the MPO steering
committee.
In a brief discussion, there was some concern as to the selection of Mr. Ron
Youngblood. The person representing the region must be assertive, committed
and must continue the continuity of time that has been set all these years.
Mrs. Head stated that she likes that Ron Youngblood was asked and that he is
willing to take on the responsibility. She believes he has his land legs now, and
has been around the block a few times and that he wants to take on the
responsibility. The key being, he "wants to do it".
At this time, Mayor Baldwin stated that the city would make their
recommendation at the next meeting and ask their support on the selection of
Ron Youngblood.
At this time, Mr. Spain, city attorney informed council that the city has received
the per-clearance letter from the Department of Justice, which is the last item on
the checklist having to do with the recent annexation of the Northcliffe/Scenic
Hills area.
He went on to say that he believes an ordinance is necessary to cancel the city
general election.
The item will be placed on the next agenda.
Mr. Greenwald reported on opening day of BVY A, on Saturday. He said that 600
plus children were in attendance.
Tony Wilson, Public Information Officer (PIO) reported that the 800 number for
the city is working. The newly annexed residents of the Northcliffe/Scenic Hills
area will be able to contact city offices without it being a long distance call. He
stated that the city got a good deal from Southwestern Bell.
Mr. Cashwell commented on feedback from the Northcliffe area relative to
playscape construction and type of material used. Mrs. Head has noted and
responded to these concerns and Mr. Wilson, PIO will be preparing a press
release indicating what type of wood was used, where it came, was it treated,
and assuring the safety of the structure and the materials used.
Lastly, Mr. Cashwell informed council that a decision was reached on selection of
a new Chief of Police. The person in question has accepted and will be coming in
this weekend. Steve T. Cantrell is currently serving as chief in Fort Stockton,
Texas. He has served in that capacity for the last three years. He is serving in
distinguish and added that his credentials are very strong. Chief Steve Cantrell
will be reporting for duty May 1, 2002.
# 8 Adjournment
There being no further business to
meeting at 9:00 p.m.
A(T.1=~T: 1
7 n p-'14 &il7YA1-r /
oep'flY OIty secretary, City of Schertz, Texas
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