ccrg 08-20-02
Schertz City Council – Regular Session
Tuesday, August 20, 2002
The Schertz City Council convened in regular session on Tuesday, August
20, 2002 at 7:00pm in the Municipal Complex Council Chambers, 1400
Schertz Parkway, Schertz, Texas. The following members were present:
Mayor Hal Baldwin, presiding, Councilmembers Norma Head, Steve
Simonson, Tony Wilenchik, and Ken Greenwald. Absent Councilmember
Reginna Agee. Staff members present were Interim City Manager Mark
Marquez and Deputy City Secretary Mary Ybarra.
Mayor Baldwin called the meeting to order at 7:00 p.m. and asked for everyone
to rise and join him in the Pledge of Allegiance to the Flag.
At this time, Mayor Baldwin recognized and thanked May Rowell for her many
years of service to the community. She has been associated with Pony Softball
for 25 years, serving as Director for 19 years and Regional Director for 16 years.
# 1PROCLAMATION & CERTIFICATE PRESENTATION
Mayor Baldwin read proclamation proclaiming the month of August as
HEARTBREAKER month in the City of Schertz and made presentation to
coaches Peter Guel, Lito Guerrero and Scott Lee. He thanked coaches for their
hard work; recognition and credit brought to the city.
He welcomed the team and parents of the 2002 Mustang Heartbreakers, and
recognized parents, and grandparents for their work in raising money, etc. to get
the girls (Mustang Heartbreakers) to all their tournaments.
At this time, he congratulated team on their success in sectional and national
playoffs, and presented each team member certificates of recognition.
#2 HEARING OF RESIDENTS
Ruth Bailey, 3438 Northern Heights, Northcliffe area addressed council
requesting a variance relative to violation of city ordinance by owning four (4)
dogs. She explained dogs are well maintained, behaved (shots, etc.) and would
like to keep her dogs legally. She advised of animal control receiving several
complaints, of which resulted in a written notice of violation. She stressed to
council the dogs are part of the family and have been, well before annexation of
Northcliffe area. She had no idea it was in violation of city ordinance.
Mayor Baldwin explained if an exception is made, he believes the city opens
floodgate to other requests, causing difficulty granting these variances. He
informed Ms. Bailey legal counsel would be advised of situation, and asked she
contact Mr. Marquez for findings. He believes there is a possible grandfather
issue.
Robert Brockman, 4505 Grand Forest commented on the following.
??
Smoking in city vehicles. Does a city vehicle possibly fall under a city
building?
??
Asked if the Unified Development Code (UDC) is available at the City
Library?
??
Where does the city stand regarding the creation of Signboard? Mayor
Baldwin advised of presentation to the Northeast Partnership relative
to signboard issue, where no interest and very little success was
achieved. He is scheduled on December agenda, where the issue will
be brought forward again. If no interest, the city will possibly determine
the need of establishing one.
??
Asked who was responsible for maintenance along Schertz Parkway
construction zone? He was cutting grass along the parkway, and police
department ran him off because he didn't have his safety vest on.
Johnny Bierschwale, Public Works Director advised the contractor was
responsible, the property is considered their property, until completion
of the project. The City will check into.
??
Advised of loose railing at FM78, Cibolo Creek Bridge. Is it a TXDot
issue or city issue? He was advised TXDot would be informed.
Ramon Cook, 913 Dimrock, spoke on taxes. He related to council that though he
is a small business person, not necessarily in Schertz or in the community (doing
business on wire), he is very conscious of cost and other matters. He's also
conscious of expenses and feels very strongly on the recent annexation and the
need to in fill behind the annexation with goods and services. Services such as
emergency (Fire, Police and EMS). With this in mind, he would like council to
seriously take into account the city's tax rate. He is suggesting $.05 raise, maybe
$.10, which he would prefer. He believes the city tax rate is fair, however
believes strongly on the need to beef up on taxes to provide the services. He is
willing to pay his part.
#3 APPROVAL OF MINUTES:
May 1, 2002
May 15, 2002
May 29, 2002
June 4, 2002
Councilmember Greenwald moved to approve the minutes of May 1, 2002, May
15, 2002, May 29, 2002 and June 4, 2002. Councilmember Head seconded the
motion, which followed with the following votes:
AYES: Councilmembers Head, Simonson, Wilenchik and Greenwald.
NAY: None.
#4 ORDINANCE: Consider and take action on final reading of ordinance
amending Chapter5, Buildings and Regulations.
Mayor Baldwin introduced an ordinance and read the caption as follows:
ORDINANCE 02-C-17
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES,
CHAPTER 5, BUILDINGS AND BUILDING REGULATIONS,
SECTION 5-8, FEES; (a), SCHEDULE OF PERMIT FEES AND
(b), BUILDING PERMIT VALUATIONS; PROVIDING A
REPEALING CLAUSE; AND PROVIDING AN EFFECTIVEDATE.
Mayor Baldwin stated ordinance has had several workshop sessions, first
reading was approved at August 6, 2002 meeting.
Councilmember Head made a motion to approve the final reading of an
ordinance-amending Chapter 5, Buildings and Regulations. Councilmember
Greenwald seconded the motion, which followed with the following votes:
AYES: Councilmembers Head, Simonson, Wilenchik and Greenwald.
NAY: None.
#5 ORDINANCE: Consider and take action on final reading of ordinance
amending Chapter 7 1/2 Health.
Mayor Baldwin introduced an ordinance and read the caption as follows:
ORDINANCE 02-H-18
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS, AMENDING THE CODE OF ORDINANCES,
CHAPTER 7 1/2, HEALTH, SECTION 14, PERMITS REQUIRED,
ETC., PARAGRAPH (E) 1, FOOD ESTABLISHMENT FEES -
SCHEDULE OF FEES, EXHIBIT 1; PROVIDING A REPEALING
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Mayor Baldwin stated ordinance has no changes, two-workshop sessions were
held and first reading approved at August 6, 2002 meeting.
Councilmember Greenwald moved toapprove thefinal reading of an ordinance
amending Chapter 7 1/2 Health. Councilmember Wilenchik seconded the motion,
which followed with the following votes:
AYES: Councilmembers Head, Simonson, Wilenchik and Greenwald.
NAY: None.
# 6AWARDING BID: Consider and take action on awarding bid for Heat
Pump Package Units.
Mark Marquez informed council the item (air conditioning) is almost an
emergency situation. The city's units are in access of 25 years old, and at this
time are being held together with bailing wire and tape. The city has an excellent
package, price, and company has been checked out.
Councilmember Head moved to approve the bid submitted by Owen Mechanical
in the amount of $49,500 for heat pump package units for City Hall.
Councilmember Wilenchik seconded the motion, which followed with the
following votes:
AYES: Councilmembers Head, Simonson, Wilenchik and Greenwald.
NAY: None.
# 7 Discussion and action on Fire Service Interlocal Agreement with the
City of Cibolo.
Mark Marquez stated the decision to discontinue the agreement came after
discussion with council and legal counsel. The decision was based on the nature
of the agreement with Cibolo and other certain issues. It's in the best interest of
the City not to be involved. As part of council packet is draft letter by legal
counsel giving notice that the City of Schertz wishes to terminate the agreement
as of the "Initial Term", September 30, 2002. Mr. Marquez pointed out that
mutual aid would continue to the city (Cibolo) as in the past.
Councilmember Wilenchik indicated the way the City of Cibolo is representing the
agreement (as full time service) to their citizens; it's best that the City of Schertz
discontinue its agreement.
Without further discussion, Councilmember Greenwald moved to concur with
letter to terminate the Fire Service Interlocal Agreement with the City of Cibolo on
September 30, 2002. Steve Simonson seconded the motion, which carried with
the following votes:
AYES: Councilmembers Head, Simonson, Wilenchik and Greenwald.
NAY: None.
#8 Discussion and action on authorization of year end budget
adjustment on the following:
(a) 01.11.423, authorize $400,000 expenditure of hardware and
software upgrade from IT Tax Notes previously issued
(b) 01.51.420, authorize expenditure of $24,546 for Administration
Mini Van from vehicle replacement reserve.
(c) 01.69.411, authorize an additional expenditure of $89,475 from
undesignated fund reserve for the purchase of land.
Mark Marquez indicated this item comes at the request of the city auditor after
pre-audit discussions. The city auditor is recommending formal council action to
provide clear intent of approved expenditures.
Mark Marquez indicated item (1) 01.11.423, authorizes expenditures of $400,000
for hardware and software upgrade. This item covers the city's software contract
with INCODE and Laserfiche as well as the hardware associated with the
software. Item (2) 01.51.420 authorizes the expenditure of $24,546 for purchase
of the city van out of the vehicle replacement reserve. Item (3) 01.69.411, has
correction to department "69" should be "67" (non-departmental). This
expenditure $89,475 covers a recent land purchase. Mr. Marquez pointed out
these expenditures have been approved by council, however formal action by
council is needed by the auditor to actually certify the funds.
Councilmember Greenwald moved to approve the year end budget adjustment
as presented. Steve Simonson seconded the motion, which carried with the
following votes:
AYES: Councilmembers Head, Simonson, Wilenchik and Greenwald.
NAY: None.
#9 Setting Public Hearing dates for budget and tax rate.
Mark Marquez indicated schedule of upcoming events (dates) associated with
the budget and tax rate publication is part of council packet. Recommended
dates of September 3,2002 and September 17, 2002 for publication were
suggested.
Councilmember Simonson moved to approve the dates of September 3, and
September 17, 2002 as Public Hearing dates for budget and tax rate publication.
Councilmember Head seconded the motion, which carried with the following
votes:
Before a vote was called, Councilmember Greenwald reminded everyone that
only these two items (budget/tax rate) are to be placed on the agenda.
A vote was called, which was as follows:
AYES: Councilmembers Head, Simonson, Wilenchik and Greenwald.
NAY: None.
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#10 Discussion on utilizing 5 week (month with 5 Tuesday's) for
strategic planning review.
Mark Marquez stated the request for discussion on the item actually comes from
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councilmember Agee. She is suggesting utilizing the 5 week for strategic
planning review. In the past council has scheduled Saturday meetings.
Councilmember Head mentioned that she had a chance to speak with
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Councilmember Agee on the subject. She (Agee) believes the 5 week would
give council an opportunity to catch up with department heads, giving them an
opportunity to report on goals, (where are we, where we are
going/accomplishments) and problems if any, etc. She believes it gives council
the opportunity to meet, discuss and meet several times a year, opposed to
giving up a Saturday.
Councilmember Greenwald pointed out that the strategic planning review is
almost a year a part, not giving department heads or council the opportunity to
make adjustments to priorities. He believes it's a disadvantage, notonly for
council, but more so for department heads.
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Councilmember Wilenchik commented that looking at the calendar, (5 week this
year are two, four next year) council would be committing to a meeting every
week, with no break. Does council want to go this route?
There was brief discussion on different options by council with no decision
reached. It was suggested to place item on next workshop for discussion on the
return of councilmember Agee. Being that she requested the item, it would be
proper to wait until she is present. It was council consensus to place the item at
the next workshop.
At this time, council recessed for five minutes, 7:50 p.m. before budget
presentations.
Council reconvened at 8:00 p.m.
#11 Budget Workshop
Employee Benefits
Water & Sewer and Capital Recovery Funds
Public Works
Business Office
Streets
Facilities Maintenance
Animal Control
Fleet Services
Parks & Swimming Pool (s)
At this time, Mayor Baldwin asked Mr. Marquez to cover the first item, Employee
Benefits.
Employee Benefits
Mr. Marquez indicated this item has to do with renewal of contacts relative to
employee benefits. He is recommending renewal of all contracts.
He indicated the city's current provider "Community First" came in at a 22%
increase. He added that 30% was budgeted in the budget process. In
comparison with others the increase is pretty good, and is recommending
continuing with the same provider.
He pointed out Dental coverage had a slight increase (pennies). He announced
new aspect this year; "Community First" is offering a PPO plan (an employee
option) surprisingly the family rate is lower than family rate HMO ($90). The city
will continue with a straight renewal, there are no changes. Employee co-pays
will stay the same. The Eye care has no change in rate ($1.86 per employee per
month), best deal in town, employee gets free pair of glasses, with $10 co-pay.
No change to Life Insurance rate. LTD (Long Term Disability) had a slight
increase of $.02 per hundred, based on salary. Open enrollment is scheduled for
September 4-5, 2002 for employees to make changesif any. If council feels
comfortable with benefit package he is seeking approval to sign contracts.
Without further discussion, Councilmember Simonson moved to approve the
employee benefit plan.Councilmember Head seconded the motion, which
carried with the following votes:
AYES: Councilmembers Head, Simonson, Wilenchik and Greenwald.
NAY: None.
Councilmember Head pointed out the increase of 22% for Community First, and
budgeted amount of 30% increase would leave some extra money. Mark
Marquez advised somewhere in the amount of $30,000.
Capital Recovery Fund
Johnny Bierschwale, Public Works Director explained expenditures and briefed
on subject of transfer of funds from reserve that are required by State law to
expend funds toward new projects. What a better way to invest funds than in the
Schertz/Seguin Corporation. 1.6 million recommended for the transfer. On the
revenue side, the budget is a bit on the lug side. This is based on water and
wastewater, new fees won't go into effect until after Oct. 1, 2002. These fees
require proper adoption and certain procedural activity before it's presented to
council for final approval. This would increase revenue 1/3 on both sides.
Mr. Bierschwale briefly explained on going projects such as Ripps sewer line
project, waterlines, and Lower Seguin Road Project, which will be 80% complete
before October 1. Total budget: expenses and expenditures is $2,110,000.
Water and Sewer Fund
Mark Marquez explained there are two areas that will require council discussion.
Utility drainage fee: Mr. Bierschwale explained that to start the program (Utility
Drainage Management Fee) staff is recommending $1.80, Ford Engineering
recommends $2.30 to start. The fee would eventually increase to the
recommendation from engineering firm ($2.30). Fee would be added the utility
bill. The fee isnew and has to go through new regulation required by law
(unfunded mandate). The fees would offset the requirements set by ETA, and
would be a way to fund the permit. It would also fund the city's maintenance
program.
Mr. Bierschwale advised on the need of a regulation clerk. This person's duties
would not only be monitoring TNCC, EAA, etc., but also keeping up with the GIS
system. These two additions would effect legal fees and engineering fees, and of
course the salary line item relative to the addition of four people.
In brief discussion, it was pointed out that every citizen or LUE (living unit
equivalent) would be billed ($1.80) across the board.
Mr. Marquez explained the expenditure side includes two departments. Water-
billing department is included in water fund. He pointed out the numbers reflect
standard increases across the board. The entire roll over includes, water billing
and business office. It was pointed out the large increase in numbers
(expenditures) reflect numbers included in the general fund rollup.
Mr. Bierschwale explained debt service line item 258 includes the city's portion of
funding to Schertz/Seguin Corporation. Item 259 includes money for Edwards
water rights payment, and ground lease portion, total package of 1 million dollars.
He added the budget reflexes monies for the expansion of the public works
building. Letter from SWS Securities states that any excess Bond proceeds may
be used for any project related to the utility system, including improvements to or
construction. Mr. Bierschwale continued explaining other line items and
concluded the proposed total budget amount of $8,875,799.
Mr. Bierschwale asked council for guidance on sewer rate for the Northcliffe
area. Council consensus was to bring the issue forward as an agenda item for
discussion at a future date.
Streets
Mr. Bierschwale explained the budget is pretty straightforward budget. He
pointed out there were limited changes to some line items.
Facilities Maintenance
Mr. Marquez explained the budget was fairly tight. Only major change was roll up
of building maintenance to one department. Line item 310 shows the increase to
$40,000. All maintenance work orders will go through this department, better
tracking of departments. Mr. Bierschwale explained line item 438 covers other
equipment such as internal security cameras (cash areas), etc.
Animal Control
The animal control budget is straightforward and the only change shows an
increase on overtime. The increase covers personnel for Friday afternoon and
Saturday.
Fleet Services
The fleet service budget indicates the increase of 6% salary increase. No other
changes, budget is pretty straightforward.
Parks & Swimming Pool (s)
Mr. Marquez stated that the budget has no frills, pretty straightforward. There are
adjustments to line item 416, furniture/fixtures, subtract $4,000, and recommend
part of money added to line item 313-vehicle allowance of $3,600. There was
brief discussion on line item 412 of $25,000. The money was intended for skate
park slab. It was suggested if other areas in the city have been investigated? It
was suggested to investigate other options before spending the money. If the city
is going to create a skate park, lets do it right. In brief discussion, council
believes the money could have use if the city takes a positive move on the issue
of what to do with the Scout Hut.
Swimming Pool (s)
Jason Hall, Recreation Director explained the city pool is 26 years old. The pool
is in need of repair. This year there are costs on pool surface, filtration, etc. Total
cost for a new pool is in the neighborhood of $200,000 plus. Mr. Hall pointed out
the number increased due to addition of Northcliffe area. The only items not
included in the budget are lifeguards for the pool, approximately $45,000. Mr.
Marquez pointed out the budget is frugal, no frills. Large issues are the pools, it's
tough but can be done.
#12 Items by City Manager
General Announcement
Report IH35/FM3009 Intersection
Mr. Marquez gave update on modification of FM3009/IH35 Intersection. He
pointed out the city is proposing two choices on how to accomplish landowners'
participation. There is a meeting scheduled next Tuesday with all business
owners'. He believes the project is doable.
#13 Items by Council
General Announcement
Councilmember Head
4-B Board
Liaison Schertz Library Board
Councilmember Head reported a meeting of the Library Board took place at the
Forum. She pointed out that everything is moving along quite well.
Councilmember Head asked that report done by citizen committee on
Beautification of FM78 be resurrected. What is the city planing to do with FM78?
She would like for the city to come up with a plan for FM78. Mr. Marquez
suggested this item be placed on an agenda for further discussion.
Councilmember Wilenchik
4-B Board
Liaison-Humane Society
Councilmember Wilenchik reported the Humane Society is on a holding pattern.
Right now the president (Pia Jarmon) is living in New Braunfels. She is filling in
due to resignation of previous president.
Councilmember Greenwald
Liaison to B.V.Y.A.
Schertz/Seguin Local Govn't Corp.
Ex-officio - Planning and Zoning Commission
Councilmember Greenwald provided agenda, minutes for the Schertz/Seguin
Corporation meeting of August 15, 2002, and gave status report on the water
project. He spoke briefly on the bridge/pipeline issue in Seguin. He commented
on SAWS article in Express News, having to do with considering alternate source
for drinking water.
Councilmember Simonson
No comments.
#14 Items by Mayor
General Announcement
Mayor Baldwin commented that pictures of past Mayors are down in the Council
Chambers. If pictures are still around he would like to see them up on Chamber
wall.
#15Adjournment
There being no further business to discuss, Mayor Baldwin adjourned the
meeting at10:50 p.m.
________________________
Mayor, City of Schertz, Texas
ATTEST:
_____________________________________
Deputy City Secretary, City of Schertz, Texas