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ccwks 09-25-02 Schertz City Council – Workshop Session Wednesday September 25, 2002 The Schertz City Council convened in workshop session on Wednesday, September 25, 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 Steve Simonson, Reginna Agee Tony Wilenchik and Ken Greenwald. Absent council member Norma Head. Staff members present were Interim City Manager Mark Marquez and Deputy City Secretary Mary Ybarra. #1 Hearing of Residents: David & Kirsten Gray , 3504 Sumter Glade (The Ridges of Carolina Crossing, at Schertz Parkway and Savannah Drive) addressed council on concerns of crosswalk at this location. They have (2) fifth grade children walking to Wilder Intermediate and due to construction, traffic makes it a dangerous crossover. When a call was placed to inquire of situation, she was advised it was not part of the budget this year, and wouldn't be able to be done. She believes it is an extremely dangerous situation, more so in morning than afternoon traffic. It would be tragic if someone was hurt or worse because, of not being able to provide a crosswalk. Chief Cantrell advised council he has spoken with Ms. Gray and share concerns. A study is being done in the area, which has been targeted due to new school construction. He advised of approximately 7-9 children crossing at location (fifth grade and older). Unfortunately, the city didn't budget for crosswalk however, has been targeted to come on line (traffic light at location), but believes one is needed at this time. Mayor Baldwin stated he believes the school district, especially during construction period needs to designate the area as a hazardous crossing. Possibly busing the children across the street during construction period. Mayor Baldwin suggests approaching school to look into the situation. Interim City Manager, Mark Marquez stated if approach to school is not satisfactory, he certainly can find a way. If it's council consensus, we certainly can find some money. Mayor Baldwin asked if there was a preference, black/white strip crosswalk or a mama patrol? Ms. Gray stated that during construction period either the stripping, or mama patrol would be best choices. Mayor Baldwin advised Ms. Gray that City Manager would look into the situation, advising school district for possible designation of hazardous transportation route for at least period of construction. Councilmember Agee commented that at the point the street has proper lanes, traffic signal in place, it would possibly become a major thoroughfare into the city. With this in mind she believes the possibility exists that it might be considered a Staia-hazardous route. Similar to FM3009 (major thoroughfare into the city) however, speed limit is quite a bit higher on FM3009. Mayor Baldwin assured Ms. Gray the city would look into the situation, would get back with her and thanked her for coming in. Robert Brockman of 4505 Grand Forest made the following comments: ?? Commented on receiving letter from Interim City Manager regarding possible exclusion from city building and property if he continued to take upon himself to taper with city property. He questioned, "do the roads belong to the city"? It sounds like house arrest. He presented letter (on file) from Public Works Department where he signed up as volunteer as of January 7, 2002. He is put out that someone didn't do the homework. Mr. Marquez commented he wasn't aware of such a letter and added that the issue is liability and safety. Volunteers require supervision, as part of city staff. Mr. Brockman commented not being aware of such a requirement. ?? Inquired about water fountain not being fixed, when will it? ?? Asked when would smoking in city vehicles be placed as agenda item. He would like it noted that he would like to see an ordinance prohibiting no smoking in city vehicles. Councilmember Agee commented that she believes it is council duty to protect the welfare and safety of citizens and have done so by prohibiting smoking in city buildings. As of someone driving in a vehicle, she believes that person (s) would be courteous enough not smoke, and she doesn't believe that smoking in a vehicle is an endangerment to the welfare and safety of the citizens. After a five-minute break the Mayor called the meeting back to order. #2 PRESENTATION: By representative of Guadalupe Valley Hospital regarding Prescription Assistance Program. Representative's Yolanda Griffith and Cindy Bailey were present, Ms. Griffith provided council with update information covering period January 2002 - August 2002. The period covers (eight months) dispensed medication to Schertz patients in the amount of $6,111.42. Based on eight-month history, projected amount calculated (averaged at $763 per month) would be $9,166 (dispensed medication) for 12 months and possibly more. The number of Schertz residents enrolled in the program is 18 and growing. Among items discussed by council were as follows: ?? Enrollment within the City of Schertz and county, which continues to grow, at this time total number is 995. ?? Contact with Secure Horizon regarding patient benefits. In research it was found patients are paying as much as 50% and more, which is believed not to be beneficial. ?? Comparison of last year figure of $4400 (dispensed medication) projected figure of $9166 (yearly), which is anticipated to be higher. ?? Budget amount if council continues with program. At this time contract being review by legal counsel. ?? Dollar amount of $219,000 spent in the month of August, over one million dollars spent in the last eight months for 995 patients enrolled in program. Program is still receiving private donations and others. ?? Eligibility, who is eligible? It was pointed out that individuals not having any type of prescription coverage would be eligible. ?? Prescription donation from pharmaceutical companies, which companies receive tax break. Essentially, money received by program covers administration expenses. ?? Quarterly updates: next update scheduled March 2003. Ms. Griffith was aware and would be providing the information. ?? Contract amount, what is the requested amount. It was mentioned contract is in the review for legal counsel and amount isn't known and would be decided by city council. Councilmember Agee asked that she would like to see the programs total budget, and the Schertz' budget breakdown. Ms. Griffith stated she would pass this on to Mr. Don Richey, Hospital Director. She is unable to comment on budget issues, her presentation this evening was solely an update on the program Council thanked Ms. Griffith and Ms. Bailey for coming and reporting on program. #3 CONTRACT: Discussion and possible action on annual contract with Guadalupe Valley Hospital for Assistance Program. Contract wasn't available council took no action. #4 PUBLIC HEARING: To receive comments from citizens regarding changes to impact fees. Mayor Baldwin explained the procedures to be followed for the public hearing. Mr. Marquez deferred to Public Works Director, Johnny Bierschwale. Mr. Bierschwale explained that the process regarding impact fees has been ongoing for approximately one year. Change was to occur last year September however, due to law change, adjustments such as attorney fees, etc. had to be made. Thus, the capital recovery costs are as follows: Water from $750 to $1,255.60 Wastewater from $1,300 to $1,794.34-max rate. The rate is based on living unit equivalent (LUE), standard rate. Mr. Bierschwale explained how the different zones (CCMA, NBU and Schertz) would be affected. He explained that impact fees could only be used for new and expanded programs. He stressed that no resident pays impact fees; the fee only applies to new. Impact fee can only be collected at time of permit as per Attorney General ruling. The City of Schertz has been cleared and will file report with Attorney General office as soon as council takes action. He added the City of Schertz is in compliance with both water and wastewater. Mr. Marquez mentioned that ordinance is being presented as emergency due to time deadline. Mr. Bierschwale stated that once council takes action, approving or disapproving, the rates go into effect in the next thirty days. Current rates will stand as is, until the thirtieth day. Developers will be contacted (before thirtieth day) of the rate impact and he suggests developers are given an opportunity to settle up if need to. Good news is that city will not have to this again for five years instead of three. At this time Mayor Baldwin opened the floor for citizen comments. One of the government students asked, "What is an impact fee?" Mayor Baldwin gave a brief explanation. Without further comments or questions, Mayor Baldwin closed the public hearing. #5 ORDINANCE: Discuss first reading of Ordinance regarding impact fees. Mayor Baldwin advised that council would take action at next meeting on this issue. #6 ORDINANCE: Discuss first reading of Ordinance regarding alarm permits. Mr. Marquez advised that ordinance was reviewed in some depth, and adjustment to fee structure was made. Legal counsel review on form and legality was also done. Among discussion the following were issues were addressed: ?? Reviewing ordinance found that it would possibly have to start a new process to establish new ordinance. An ordinance gives city enough teeth to revoke permit, if there is a bad site (establishment). ?? Addressed number of false alarm permitted and penalty to help recover costs. Suggesting that after third false alarm within a 12-month period penalty increase to $100. ?? Tracking mechanism helping in renewal process. Information on file with city helps in the cost recovery and provides mechanism to revoke. ?? Address cost of residential, small business establishments- does the city want to treat small businesses as large commercial business. Expenses involved in residential/commercial such as in equipment and manpower etc. ?? Possibly create a two-tier system to help the small business establishment versus the large commercial businesses. Creating a strong ordinance for abuser and establishing a base rate for the residential. ?? False alarm abuse essentially the main issue, permitting provides city with tracking mechanism allowing the city to recover cost of rolling out equipment. ?? Permitting should be a basic service to citizens and no charge imposed. Mayor Baldwin advised ordinance would be on agenda next week with whatever changes made by staff and city manager, and council would take action at that time. #7 BIDS: Discussion and possible action regarding bids for painting of water tanks . Mr. Marquez advised that the issue before council is recommendation to award bid to Gulf States Protective Coating in the amount of $271,950.00. Painting and coating of all three tanks, (Universal City and Northcliffe) exterior/interior coating and lettering of Northcliffe Tank. Councilmember Greenwald moved to approve the bid from Gulf States Protective Coating in the amount of $271,950.00. Councilmember Agee seconded the motion, which carried with the following votes: AYES: Councilmember Simonson, Agee, Wilenchik and Greenwald. NAY: None. #8 MUNICIPAL SIGNBOARD: Discussion on Municipal SignBoard. Mr. Marquez advised that as part of council packet is proposed ad in seeking volunteers to fill positions on a newly created Municipal Sign Board. If he can speak his mind, he doesn't believe there is a need for a Municipal Sign Board. The cost of tearing down signage that has had fifty years of life and pay for those fifty years, the cost is going to be big. The city certainly isn't budgeted and doesn't have a structure in place to achieve such funding. There are other means in place such as ordinances allowing city inspector to take signage down if there is a need to. The city's current sign ordinance disallows that type of signage in the future. In a brief discussion it was pointed out that signage along IH35 and FM78 are some of the signs in question. However, many of billboards along IH35 advertise Schertz businesses. The city has ordinance in place as mentioned to take care of dilapidated signage. If the city proceeds, (taking signs down) what type of message is it sending. Another issue to consider is filling the positions. Mayor Baldwin commented that David Richmond, Chairman of Planning and Zoning Commission has spoken at Northeast Partnership meeting on this issue. The outcome was very little interest in joining Schertz in establishing Sign Board. Mayor Baldwin added he followed up at several meetings later, and again there was no interest. It was council consensus to table agenda item, and invite Mr. Richmond to speak on the issue. #9 ACCOUNTS RECEIVABLE WRITE-OFFS: Discussion of Accounts Receivable Write-offs. Mr. Marquez commented above item comes at city auditor recommendation. Recommendation to develop a policy and approved by council to allow account receivables to be reviewed and un-collectables removed from books. At this time, the first group is ready for review, and if council decides to approve and give authorization the first group is ready to be removed. In brief discussion, authorization was addressed. Who would be authorized? Council would like to review first batch and give authorization. In brief discussion, it was council consensus to review accounts and give authorization. The policy will be amended to reflect City Council would be the authority power. #10 Items by City Manager General Announcement Mr. Marquez reported on upcoming fall clean up scheduled for October 26 - November th 10, 2002. Hazardous waste scheduled for weekend of November 9-10. This year there will be a limit on tire disposal (eight per household). Advertising in city newsletter, website and waterbill will take place to get the word out. Mr. Marquez advised of further research into health inspection fee structure, particularly the non-profit organization. Will be back with further information on issue. #11 Items By Council and Mayor General Announcement Councilmember Head 4-Board Liaison Schertz Library Board Councilmember Head was not present. Councilmember Simonson Liaison BVYA Councilmember Simonson asked for update on Scout Hut issue. Mr. Marquez advised of scheduled meeting with Rick Shelton with Scout associate. He added original document dating back to 1977 has been found. Looking forward to working with Mr. Shelton on this issue. Councilmember Agee 4-B Board Liaison Schertz Housing Authority Councilmember Agee asked what was happening with the property in the Northcliffe area, which was rezoned for apartments (federal assistance program). Mr. Marquez will check into. Councilmember Wilenchik 4-B Board Liaison Schertz Humane Society Councilmember Wilenchik reported on Schertz Humane Society and mentioned that at thth October 15 council meeting a proclamation proclaiming November 3-9 as "National Animal Shelter Appreciation Week" will be read. He would like to notify the appropriate people such as animal control, etc. to be present. Mentioned the spade/neuter assistance program held at HEB parking lot on FM 3009. Minimal fees were charged $28-$36. There was great response. He also mentioned rabies drive scheduled on October 19, 2002 at the City Park. Commented on upcoming Black Tie and Tails adoption at shelter scheduled for November 9, 2002. The hope is to get black dogs adopted. Black isn't a popular color. He also mentioned the Doggy Dash scheduled on May 3, 2003. 5K race which is fundraiser. Councilmember Greenwald 4-B Board Ex-officio Planning & Zoning Commission Ex-officio Schertz/Seguin Local Government Corp. Councilmember Greenwald passed out minutes from the Planning and Zoning Commission meeting held last evening and provided report on many ongoing developments: Forest Ridge, Tri-County Industrial Park (Nabisco), Ridge of Scenic Hills and Security Service Credit Union. Mentioned the problem New Braunfels is having with sexually oriented business ordinance. Business was shut down, business is not complying with city ordinance. Mayor Baldwin General Announcement Mayor Baldwin commented on meeting with the IH35/FM3009 group Tuesday morning. The plan is to come up with basic plan to create a PID (Public Improvement District) to help with traffic along FM3009. Had good response from the business owners. #12a. EXECUTIVE SESSION: Called under Chapter 551 of the Texas Government Code, Sub-Section, 551.074, Personnel Matters, to deliberated selection of new City Manager. An Executive Session was held from 9:30 p.m. to 10:10 p.m. #12b. Action, if any, on above Executive Session. No action was taken. #13. ADJOURNMENT There being no further business to discuss, Mayor Baldwin adjourned the meeting at 10:15 p.m. ______________________________ Mayor, City of Schertz ATTEST: _________________________________ Deputy City Secretary, City of Schertz