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10-09-02 MINUTES COUNCIL SPEC/AL SESSION 10-09-02 The Schertz City Council convened in Special Session on Wednesday, October 9, 2002 at 7:00 p.m. in the Municipal Complex Conference Room, 1400 Schertz Parkway, Schertz, Texas. Those present were Mayor Pro-Tern Reginna Agee, presiding; Councilmembers Norma Head; Steve Simonson; Tony Wilenchik and Ken Greenwald Absent: Mayor Hal Baldwin. Staff present were City Manager Mark Marquez and City Secretary Norma Althouse. #1 HEARING OF RESIDENTS Robert Salas of 1041 Gettysburg asked if the footbridge is going to be fixed. John Bierschwaie replied yes, they are simply awaiting approval from FEMA. Rhonda Taylor, representing the Samuel Clemens High School Student Council, requested a curfew extension for Friday, October 1 lth until 1:00 p.m. The homecoming dance is on that date. Mayor Pro-Tern Agee pointed out the request is not on the agenda. Mr. Simonson indicated it shouldn't be a problem. It has been done in the past. Police Chief Cantrell commented it should be okay as long as everyone goes home. Mr. Marquez suggested it be placed on next week's agenda for retroactive approval. Mayor Pro-Tem Agee reminded Ms. Taylor the Student Council needs to submit a request in writing to the City Manager. Robert Brockman of 4505 Grand Forest mentioned the book at the front desk, which contains the agenda and back-up information for the agenda items. He noticed there's a place for a signature of the person requesting copies of the information and also noted that in the past, George Mower had signed it under protest. Mr. Brockman then asked, referring to Item #9 on the agenda, what the initials SCV stand for on the tax roll. Mr. Marquez informed him they would deal with it when they got to that item. #2 GASB 34 presentation by Nancy Vaughan of Armstrong, Vaughan & Associates. Mr. Marquez mentioned that Councilmember Wilenchik had asked that this item be placed on the agenda. The presentation by Ms. Vanghan will be brie£ Ms. Vaughan distributed a handout of the GASB 34 Overview for Council's information. Mr. Wilenchik inquired if the City is required to list the value of all capital assets. Ms. Vaughan pointed out they have done that, but they haven't estimated depreciation. Mr. Marquez noted they had provided Ms. Vaughan a list and Mr. Wilenchik thought they had stated they would put them on a map. Mr. Simonson thought it was a good idea to 10 have a map because it gives Council a better idea of what the City has. Vijay Jain, Finance Director, mentioned they have to show the total value of land in fixed assets. Mr. Marquez explained they might not own the land, but have responsibilities such as mowing, so they need to see that also. Ms. Vaughan advised Council the City has three years to comply with the disclosure of certain infrastructure assets. Ms. Vaughan related that GASB 34 wants full accrual and all assets of the City. You will also see compensated liability. Mr. Marquez inquired if unfunded liability with retirement shows up and Ms. Vaughan replied it does not. Mr. Wilenchik asked if there's a real functional purpose to GASB 34. Ms. Vaughan replied there is a real functional purpose to the bonders, but not necessarily to the City or to Council. The records the City keeps in house will not change. This is just a report. Mr. Marquez stated one of the issues was whether or not the software could deal with GASB 34. It was determined it could. Mr. Wilenchik asked if the City is on track to be in compliance and if not, are there stiff penalties. Ms. Vaughan informed Council the City needs to be in compliance by September 30, 2003. Mr. Marquez admitted he is concerned about the bondholder's reactions. Mr. Greenwald asked if the hotel/motel tax and TIF are combined in GASB 34 and was told they are. Mr. Jain pointed out you are free to add supplemental information. Mayor Pro-Tem Agee observed the main gist is that it's being reported differently. Ms. Vaughan said that's correct and after two years it will be academic. #3 Discussion of continued support of Students in Christ Youth Center. Mr. Marquez advised Council representatives from the Students in Christ Youth Center arc here this evening. They have provided a package for Council's review. They are looking for increased funding. Rosalind Harris commented one concern is meeting the $100 per month in-kind services. They have exceeded that by almost $3900. They have to find suitable funding for the building. The building is about to be repossessed. They can't repair it because they don't own it. They have gone to seven other communities in the Greater Randolph area. Ms. Harris went on to say the Board could no longer afford to make up the difference, so they are asking for increased support. Mr. Marquez clarified they are asking to renew the prior contract with an increase. How far do we want to go? Mr. Wilenchik noted they have to draw the line some place at providing funds. He then asked if there's a charge for parents. Ms. Harris replied there is for families that can afford it. The counseling is free. There is a charge for the summer camp. Mr. Wilenchik added he doesn't think providing funds is illegal, but he's worried about setting a precedent. Mayor Pro-Tem Agee asked how much the City waived in fees. Mr. Marquez didn't know right off the top of his head, but said he could look it up. Mr. Marquez then asked Ms. Harris if they have documentation in their budget and could City Council see their budget. Mr. Wilenchik wondered if Council is willing to entertain this request and open the door to other non-profit organizations. Mr. Simonson asked if Council is going to start considering these kinds of things on a one to one basis. Mayor Pro-Tem. Agee said she understood the driving factor for the original approval was because Schertz doesn't have a Community Center for children. Mrs. Head was in favor of extending in-kind services and then taking a look at the figures. Mrs. Head then asked if future grants would allow the Students in Christ Youth Center to renovate buildings and was told no. She then mentioned they need to apply for grants that give materials. Mrs. Head understood they couldn't own the building because it's in the floodplain. Ms. Harris stated the owner says it's not in the floodplain. Mr. Simonson felt the City ought to continue their contract with the Students in Christ Youth Center, but he would like to look at the numbers. There are lots of needs not being met in this area and Council will get more requests of this kind. Council needs to discuss it and give the City Manager some fundamental direction in which to go. Mayor Pro-Tem Agee observed it's quite a dilemma. They have outgrown the building where they are, the building is in need of repair, and they need another building someplace else. Mr. Greenwald suggested the Scout Hut as a better building. It would give them room to expand and the City owns the building. Mrs. Head questioned if they can get a consensus to act next Tuesday on renewing the contract. Mr. Marquez informed Council the cost to the City last year for water/sewer fees was $1038. He suggested that if the contract is renewed, they also waive the health permit fees. Mr. Greenwald asked if that included trash pick-up and was informed it did. Mayor Pro-Tern Agee suggested putting it on next week's agenda for renewal and amending Section 3 of the contract and any other section that needs amended. Mr. Bierschwale pointed out the contract was for less than a year, so the actual cost was $1400 instead of $1038. Mr. Marquez asked for a consensus to continue the current contract until there is a renewal. Council gave their approval. #4 Discussion and possible action regarding Interlocal Agreement with Guadalupe Valley Hospital for Prescription Drug Assistance Program. Mr. Marquez explained there had been confusion about the reports we received and Mr. Don Richey is here tonight representing the Prescription Drug Assistance Program. There is no change in the contract other than the dates. The City asks that they provide us two reports per year and a copy of their budget. We are recommending $5000 be budgeted for the Program. Mayor Pro-Tern Agee mentioned that on the report the prescription costs added up to $38,000. Nothing on the report says Schertz. All are Seguin pharmacies. Mr. Wilenchik noted the prescriptions are given to the Program free by the drug companies. Mr. Richey acknowledged that's correct. It's a cumbersome process. Guadalupe Valley Hospital is the clearinghouse and the only costs associated with the Prescription Drug Assistance Program are the administrative fees. Mr. Simonson stated he has no problem with continuing the Inteflocal Agreement with Guadalupe Valley Hospital. Mayor Pro-Tem Agee mentioned the agreement would be in the packet for action at next Tuesday night's meeting. #5 Discuss final reading of Ordinance regarding alarm permits. Mr. Marquez commented there has been a spelling change, but everything else is basically the same as previously discussed. When asked by Mayor Pro-Tem Agee, Council agreed they were ready for this item to be on next Tuesday night's agenda for action. #6 Discuss first reading of Ordinance regarding Stop Signs in Oak Forest subdivision. Mr. Marquez related this Ordinance came about at the request of some Oak Forest residents. It has the approval of the Police Department and Public Works. Council indicated they were ready for this item to be on next Tuesday night's agenda for action. #7 Discussion regarding appointment of City Prosecutor. Council had in their packets a copy of a letter of resignation, as City Prosecutor, from Roy W.Richard, Jr. effective October 31, 2002. Judge Padgett is recommending the appointment of Darrell S. Dullnig to replace Mr. Richard. It would be at a fee of $400 per month, which is $100 more than they paid Mr. Richard because Mr. Dullnig would be getting into more jury trials. Council stated they were ready to act on this appointment at next Tuesday night's meeting. #8 Discussion of following Interlocal Agreements between Guadalupe County and City of Schertz: (a) Library Services (b) Fire Protection Services and Related Emergency Services 14 Mr. Mrquez advised this is essentially allocation for fire services and library services. There has been some controversy, which he suspects Commissioner Wolverton will not let die. There was a reduction of $13,000 out of the County's budget allocation to the City for fire services. Mr. Greenwald asked why not stop fire services. Mayor Pro-Tern Agee wondered if we pull the fire services, would they stop the funds for the library. Mr. Greenwald answered probably not. Mr. Marquez indicated there was an imbalance in the way the allocations were set up. Mr. Simonson suggested we go ahead and sign the agreement and put them on notice that this is the kind of game we don't have to play. Mr. Wilenchik pointed out that once you acquiesce and accept, it's kind of hard to go back. Mayor Pro-Tem Agee stressed it's a conscience issue. If there's a fire out there, somebody has to put it out. Mr. Wilenchik said they've put the conscience on us, but the County has the same responsibility. Mayor Pro-Tern Agee asked why not go to a per call basis. Mrs. Head added we're getting terribly not nice. Mr. Greenwald asked why our taxpayers should subsidize the County. Mr. Simonson indicated that if we don't sign with the County, then we're the bad guys because of where some new homes in Cibolo are located in an ETJ. Mr. Bierschwale added it's hard for a fireman to sit on a hill and watch a fire. Mr. Simonson then said that technically the County is paying us to take care of unincorporated areas. Maybe it's time to take a stand. Mrs. Head asked how much the allocation was reduced from last year. Mr. Marquez answered he would have to check. Mr. Wilenchik asked when the agreement expires and was told it expired September 30th. The consensus of Council was to go with the agreement for the library services, but perhaps draft a new agreement for fire services on a per call basis. #9 Discussion regarding 2002 Tax Roll. Mr. Marquez observed this is an interesting document. It is required that it be approved at a regular meeting of Council. Council advised they were ready to approve it at next week's meeting. Evelyn Boggess, Office Manager, remarked that SDV means a household that has more than one veteran's disability. #10 Update on Public Works projects by representative of Ford Engineering. Larry Dublin of Ford Engineering was present to help update Council about ongoing projects. Regarding the 11-I-35 elevated tank, Mr. Dublin thought they could meet the schedule. The electrical contractors will be on the construction site next week. They will be on the site of the pump station on or about November 15th. Mr. Bierschwale reported the bridge at Schertz Parkway and Live Oak Road would be open in a couple of weeks. Then they start working on the other bridge. He then noted it has been super having citizens act like crossing guards at the Savannah crossing. Mr. Marquez noted he got a letter from the school district saying that crossing doesn't meet the hazardous criteria. Mr. Dublin stated the short 16" Wiederstein line has been completed. They're still waiting on TXDoT at the Wiederstein and FM 3009 intersection. Mr. Dublin commented they are working on the Lower Seguin Road waterline. Mr. Bierschwale said half of it has been completed and they're waiting on CPS to move the poles. Dietz Creek is on hold waiting for FEMA. Mr. Marquez mentioned a section of that needs to he changed as far as the scope of work. Mr. Bierschwale said the City is still entitled to reimbursement for improvements after the 1998 flood. The 1RC sewer is completed. Mr. Marquez pointed out Mr. Dublin brought another document with potential lettering for the water tower. The preconstruction conference is on Tuesday, There was discussion about which lettering everyone preferred. Mr. Marquez suggested putting on the website address. Mrs Head stated she has a problem with that, the same as the one expressed by Tom Harm at a previous Council meeting. Mayor Pro-Tem Agee asked if the website has been redone so it's more friendly. Mr. Marquez told her they are working on it. Mr. Simonson felt they need a decent looking Schertz map on the website. The consensus of everyone was they preferred the Arial lettering in all capitals. Mr. Bierschwale advised GBRA is on board with the City in modifying the permit to discharge into the dry Comal. He estimates they will be under construction for a new treatment plant in the next 12-18 months. Mr. Bierschwale then mentioned they have 45 days of water left under the Edwards. Also, the Schertz/Seguin Local Government Corporation estimates we will have pipeline somewhere around December 10th to the 15th. He will keep Council posted. #11 Discussion and possible action regarding appointment of Councilmember Wilenchik as Homeowners Association Coalition liaison. Mr. Simonson moved to appoint Councilmember Wilenchik as the liaison to the Homeowners Association Coalition. Mr. Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Simonson and Greenwald. NAYS: None. ABSTENTIONS: Councilmember Wilenchik. //12 Items by City Manager General Announcements The employee Christmas party will be held December 13th at 6:30 p.m. at the Fire Department building. There will be a DJ and employee service pins will be given out. #13 Items by Council and Mayor Councilmember Head 4-B Board Liaison Schertz Library Board Stated she met with the Library Board and Gail Douglas is excited about her new position. Melissa Uhlhom will become the Library Manager. The Library Board is looking forward to the bond package and would like to help. Councilmember Simonson Liaison BVYA Had nothing regarding BVYA, but asked if there had been an update on Lower Seguin Road. Mr. Marquez answered he heard the problem had been solved Mr. Simonson mentioned the funding is there in MPO, but it was moved to 2004. It could possibly be moved up to the 2003 budget year. Councilmember Wilenchik 4-B Board Liaison Schertz Humane Society Mr. Wilenchik had nothing to report. Councilmember Greenwald 4-B Board Ex-officio P & Z Commission Ex-officio Schertz/Seguin Local Government Corp. 17 Reported he and Mayor Baldwin attended a meeting at Northcliffe He passed out some hand-written notes for Council to review. Among the subjects covered were the following: The Northcliffe Volunteer Fire Department wanted to know the status of the first responder progran, the status of the mutual aid agreement, the status of the retoning of 10 pagers, the status of AED training and the status of the new fire station. Regarding street lights, on the NBU side, only two lights on Country Club Blvd. are working. Will more lights be installed? On the GVEC side, there is an insufficient number of lights and Mr. Cashwell had promised one on every street. Regarding the new drainage area behind four houses on St. Andrews St., there are open culverts, children are playing in the area, the owner came to Planning & Zoning and Mr. Youngblood was supposed to check it out. What is the status? Regarding the trailer parked at 3406 Columbia, the water and electric are connected, there appear to be people living in it, when the City called it was moved before the City could respond, and it blocks the line of sight for school busses. Regarding a shooting on Foxbriar a couple of months ago, Lt. Starr promised to get back to Mr. Miller and hasn't done so yet. (Mr. Greenwald suggested Lt. Starr at least give him a call even if there's been no progress.) The Sherwood and Columbia intersection has a noticeable dip in the road. Lots with weeds need cutting. The notification process was explained as far as a letter of notification, a notice in the newspaper and a legal notification. Behind the 17th Fairway off FM 1103, there is an accumulation of trees, shrubs and tree trimmings, including Christmas trees. Do plans for the new park/pool area include bicycle or walking paths? Seniors are using Columbia Blvd. for a walking trail. Could there be a painted strip or a paved walking path? Are any streets scheduled for overlay, chip seal/seal coating, or rebuilding? The County did chip sealing on Sherwood and "rocks" are still flying. Regarding number of animals per household, the deed restrictions say two per type per home. The City cannot enforce deed restrictions. Regarding the size and color of materials used on new homes, the size of the lot is the only thing regulated by the City. The deed restrictions cover square footage and masonry construction. Need information about Spring and Fall clean-ups, like to receive the Newlsetter, and need information about water and waterlines. Who maintains the water fountain and front entrance to Northcliffe? The Sales Manager from Pulte stated they cut and cleaned the area. It is owned by the Northcliffe HOA, so the HOA is responsible, not the City. Is that correct? Regarding a Post Office, they would like to have a Schertz zip code. Regarding the telephone lines, it was explained it is not under the City's control. Regarding the schools, it is best to speak with the appropriate school board. Regarding insurance companies using the zip code for Key Rate coding, the individual questioning it was told to take a copy of his tax bill to the insurance company. If there is no satisfaction from that, call and the City will provide the name and phone number of the State Insurance Commissioner so a complaint can be filed. Mayor Baldwin General Announcements Mayor Pro-Tern Agee had nothing to report. #14 ADJOURNMENT There being no further business to discuss, Mayor Pro-Tem Agee adjourned the meeting at 9:35 pm Iglay0(,/l~ro-Tem, Citer of Schertz, Texas ATTEST: Cit~ ~e~:retary, City of Schertz, Texas 2O