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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. th #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 th 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 th 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. th 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