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ccreg 08-06-02 REGULAR COUNCIL SESSION 8-6-02 The Schertz City Council convened in Regular Session on Tuesday, August 6, 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 Interim City Manager Mark Marquez and City Secretary Norma Althouse. #1 PROCLAMATION A Proclamation was presented to Police Chief Steve Cantrell, declaring August 6, 2002 as National Night Out in the City of Schertz. #2 HEARING OF RESIDENTS GeoTlle Mower of 501 Brooks Ave. stated he has a problem with #3 on the agenda tonight, which is the swearing in of City Councilmember Place #2, Steve Simonson. He doesn't see how the Council could have appointed someone who is already on a pension from the City He doesn't think that's legal. Mayor Pro-Tem Agee told Mr. Mower that Mr. Marquez could look into it, but Mr. Simonson is not being paid retirement by the City, but rather by The Texas Municipal Retirement System (TMRS). Ramon Cook of 913 Dimrock proposed at least a five-cent, possibly a ten-cent increase in the tax rate to upgrade and maintain levels in the City. Robert Cantu of Ware-SellUin Road. a property owner in the Schertz-Randolph Neighborhood, asked if Council had considered allowing bird hunting in his area. He was advised that John Bierschwale, Public Works Director, and Police Chief Cantrell are reviewing the City's ordinance on this subject and are possibly going to revise it to allow bird hunting, but it would have to have the approval of the City Attorney first. Robert Brockman of 4505 Grand Forest had the following comments: Mentioned that students who attend Dobie are walking along Dietz Road. Can something be done about putting in a sidewalk for the students? Mr. Wilenchik, saying he understands the concern, told Mr. Brockman that when they checked into the issue, they found it is a County road. Mr. Brockman said maybe he should go bug the County. Inquired how many people are aware there is a celebration at the Schertz Bank on Main Street for National Night Out and he doesn't think it was well advertised. Mr. Brockman was informed that is an independent celebration by the bank, which is perfectly okay. 747 Noted that prior to remodeling, there were signs in the front lobby listing all the Department Heads, Boards and Commissions in the City and they were very helpful. Could this information be posted again? Mr. Marquez answered yes, they need to find the wall space and the appropriate way to display them. It hasn't been decided yet. Asked if Steve Simonson's home phone number would be made public and was informed it would be added to the Council listing in the Newsletter. Complained about the cigarette disposal at the rear entrance to City Hall and suggested buying pots designed for that purpose. Asked where the helipad is now that the Playscape is built. It used to be there. Dudley Wait, EMS Director, explained it was never an FAA designated helipad, it was a San Antonio airline designated helipad. The grass field in front of the Schertz Fire Department and Schertz EMS have been designated the Schertz helipad by the San Antonio airport. Inquired about the orange balls hanging up on the wires by the library Doesn't that indicate there's a helipad there? Mr. Marquez was not sure about removing them. Commented there are red warning lights on the communication tower. Should they be operational? Mr. Marquez promised to look into it. Wondered if it's possible to have a drinking fountain in Gutierrez Park. Also, there is a light out in the park. In response to a previous remark from Mr. Brockman, Mr. Marquez stated the bricks on the side of the buildings would be removed. Mr. Marquez then advised that over the weekend, there was vandalism at the library, the high school and in the Jonas Woods subdivision. #3 SWEARING IN OF CITY COUNCILMEMBER PLACE #2 City Secretary, Norma Althouse, swore in Steve Simonson as Councilmember Place #2. Mr Simonson thanked everyone for their confidence in him. #4 APPROVAL OF MINUTES: .ReguJar Session May 21, 2002 Mr. Greenwald moved to approve the minutes for the Regular Session of May 21, 2002. Mr Wilenchik seconded the motion, which carried with the following votes: AYES. Councilmembers Head, Simonson, Wilenchik and Greenwald. NAYS None. 743 Mr. Wilenchik noted he would like to receive the minutes on a more timely basis. #5 ORDINANCE: Consider and take action on final reading of Ordinance regarding sexually-oriented businesses. Mr Marquez pointed out that Connie Lock from Fulbright & Jaworski had made several minor changes to the Ordinance since the first reading. Ms. Lock had provided copies of an excerpt from the McQuillin Law Report, dated July 2002, which was the basis for her t" vt'vsed changes. Mayor Pro-Tem Agee introduced an ordinance and read the caption as follows: ORDINANCE NO. 02-L-16 AN ORDINANCE AMENDING CHAPTER 15 1/2 OF THE CITY OF SCHERTZ CODE RELATING TO SEXUALLY ORIENTED BUSINESSES AND PROVIDING FOR ADDmONAL MISCELLANEOUS REGULATIONS FOR SEXUALLY ORIENTED BUSINESSES. Mr. Wilenchik moved to approve the final reading of an Ordinance regarding sexually oriented businesses. Mr. Greenwald seconded the motion, which carried with the following votes: AYES' Councilmembers Head, Simonson, Wilenchik and C.......uwald. NAYS: None. #6 ORDINANCE: Consider and take action on first reading of ordinance amending Chapter 5, Buildings and Building Regulations. Mayor Pro- Tem Agee introduced an ordinance and read the caption as follows: 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), BUlILDING PERMIT VALUATIONS; PROVIDING A REPEALING CLAUSE; AND PRO' u........\G AN EFFECTIVE DATE. Mr. Marquez indicated this would bring the City more in line with fees of neighboring cities. Mrs. Head moved to approve the first reading of an ordinance amending Chapter 5, Buildings and Building Regulations. Mr. Greenwald seconded the motion, which carried with the following votes: 744 AYES: Councilmembers Head, Simonson, Wilenchik and Greenwald. NAYS: None. #7 ORDINANCE: Consider and take action on first reading of Ordinance amending Chapter 7 1/2 Health. Mayor Pro- Tem Agee introduced an ordinance and read the caption as follows: 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, EXHffiIT 1; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Marquez pointed out this ordinance updates the fees for food and beverage establishments as well as for frozen dessert and frozen beverage machines. Mr Greenwald moved to approve the first reading of an ordinance amending Chapter 7 1/2 Health. Mr. WiJenchik seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Simonson, Wilenchik and Greenwald. NAYS' None. #8 Consider and take action on changes to Schedule of Fees, Exhibit 1. Mr. Marquez advised Council this requires only a minute order. Leonard Truitt, City Inspector, explained they are increasing the base rate of all permits and also fees for temporary signs and structures. The consensus of Council was to approve Exhibit 1, Schedule of Fees, under Chapter 5, Building & Building Regulations. At this time there was a short break and Council moved to the Conference Room for a Budget Workshop Session. Mayor Pro-Tem Agee noted the time was now 7.38 p.m. and the ground rules are they will not go past 10'00 p.m. #9 BUDGET WORKSHOP Mr. Marquez reported that this year's budget process had been quite a struggle. Some things had to be cut. Revenues are down slightly. They did cross over the billion dollar mark in valuations, which was quite a milestone. Z45 The budget includes a 6% pay raise as per the pay plan, and they are still behind the power curve. Those at Step 8 or above will get only a 4% increase. They hired 11 people at mid-year and that is now in full swing. Also, they had planned to raise the retirement plan from a I 1/2 to 1 match to a 2 to 1 match. That is not possible in this budget. Mr. Marquez went on to say there was a shortfall in projected revenue. Growth has not occurred. The budget is somewhat austere, but the staff is willing to evout" vouise. One possible windfall may be the sale of City property. There were, however, some questions about the way some property was purchased. He is going to speak with Mark McLiney of Southwest Securities about the possible refinancing of some land purchases. Better management ofI&S funds will be discussed at the Strategic Planning Session. Mayor Pro-Tem Reginna Agee asked if Mr. Marquez is telling them they are two million dollars down in revenues over the budget. Mr. Marquez noted there is still revenue coming in. As ofJuly 31 st, it was 6.2 million dollars. Mr. Marquez indicated he is worried about the 4-B money and the 4-B bond obligation. A 4-B meeting will be scheduled either in late August or early September. Mayor Pro- Tem Agee asked if the sales tax revenue was close to the prediction and Mr. Marquez replied it was. Mr. Greenwald asked about the status of the NBU franchise agreement and was told by Mr. Marquez they don't have one yet. He then inquired if we are going to meet the alarm permit expectations next year and Mr. Marquez replied yes they should. Mr. Marquez noted they will probably pick up the Northcliffe pool next year, but that is problematic. He also commented the payback to the General Fund from Municipal Court is not shown. Vijay Jain, Finance Director, said he thinks that amount is approximately $8,000. At this time, Council started reviewing the budget by departments. Citv Council Mr. Marquez pointed out that both Consulting Services and Auditor/Accounting Services were zeroed out. There was discussion about the $10,000 amount for Elections and it was decided to cut that by $3,000 with the elimination of the Charter Election, which Council felt would not take place. Mayor Pro-Tem Agee mentioned the bond election depends on planning and that is at least a year away. Citv Mal1llller Mr. Marquez stated the funds for salaries of the City Manager, the Asst. City Manager and an Executive Services Coordinator are in this budget. Mr. Simonson asked when the cut-off date is for City Manager applications and was told August 23rd. Mr. Greenwald Z46 related that a citizens group. along with AACOG, would review the applications. Mayor Pro-Tem Agee wondered if they would have a new City Manager working by October 1st. Citv SecretarY Mr. Marquez mentioned this is a pretty straightforward budget. The City Secretary, after refiguring, decided $7,500 would be enough for Other Maintenance Agreements versus the original $11,000. Norma Althouse, City Secretary, jokingly admitted she had arranged a swap with Mr Marquez - she would give back $3.500 out of the Other Maintenance Agreements line item for an additional $150 in the Furniture and Fixtures line item in order to buy two badly needed chairs for her department. Mr. Marquez also called attention to the Records Management Services line item. The $15,000 in the current budget plus the $15,000 shown in this new budget will be used to update the Code of Ordinances plus the Unified Development Code. Municipal Code Corporation will do the work and also put the Code on the website for public information. Legal Mr Marquez indicated he is trying to put controls on legal fees. There will be less writing of ordinances by the lawyers. He has advised the statfthat none of them will call the lawyer without his permission. The lawyers were used a lot for the annexation and the Sexually Oriented Businesses ordinances. David Richmond, Planning and Zoning Chairman, told Council they found a much greater need in the past year for legal services. They were faced with more challenges, which they felt they were not able to answer without legal advice. Mr. Richmond was sure the need for legal service would continue as the City grows and has smarter developers. Mrs. Head suggested talking to Fulbright & Jaworski about using their "baby" lawyers (those lower on the ladder) when possible. Mr Marquez said that's an idea, but Mr. Spain only does things for them when it's appropriate. Mrs. Head acknowledged that Fulbright & Jaworski were generous to the community this past year, especially in support of the Playscape. Outside Assistance Mr. Marquez explained this category includes the Prescription Assistance Program with GuadalupeValley Hospital and the Texas Infrastructure Fund (grants). Information TechnolOllV Mr. Marquez told Council the biggest jump in this budget item is for telephone services. Also included are computer and technology equipment and battery replacements, The Z47 cost for fees and licenses are split with the Water Department. One-half the cost for Incode and LaserFiche is also included in this budget. Mayor Pro-Tem Agee inquired if the City had considered paying a monthly stipend for the celJ phones. This prompted some discussion and Mr. Marquez commented they expect the department heads to be on call twenty-four hours a day, seven days a week. Mr. Greenwald suggested a policy be written regarding celJ phones. They can let this ride until mid-year and then take another look at it. Human Resources Donna Dykes, Human Resources Director, noted there had been a number of turnovers and new hires, but that's just part of the history of the department. Mrs. Dykes mentioned the City provides 100% hospitalization coverage. They are now required to pay a co-pay of $50,00 per day for every day an employee is hospitalized. Mr. Marquez added they are looking at renewal, not change. There wilJ probably be a 20"10-30"10 increase this year from Community First. The City is guaranteed renewable by law. Mr. Wilenchik commented USAA no longer underwrites medical insurance. Mr. Marquez related Worker's Compensation costs went down due in part to the fact the City is requiring department heads to stress safety. Mr. Wilenchik inquired if the City is putting pressure on employees not to file Workman's Compensation claims and Mr. Marquez replied no. Mr. Marquez then stated they encourage training. The tuition reimbursement, line item 277, was reduced because there was low response by employees. They will revisit it again at mid-year. Mr. Wilenchik questioned the increase in line item 216 - Other Consultant/Professional Services. Mr Marquez answered that is for a pay study and possible outsourcing for COBRA and HIPAA. Mrs. Dypes pointed out that even with outsourcing, there is still some responsibility on the part of the City. Mr. Marquez advised Council the Employee Assistance Program was welJ received. Among other things, it involves counseling if it should be needed, Finance Mr. Jain pointed out the budget request from Finance is lower than last year, His department has four employees. Mayor Pro-Tem Agee asked about line item 240 - Other Maintenance Agreements and was told it is for the software that runs the check printer. 248 Mr. Greenwald mentioned that Mr. Jain has handled the finances for the Schertz/Seguin Local Government Corporation and the Board is thinking about contracting out those services. Mayor Pro-rem Agee asked if GASB 34 would affect the finance budget and Mr. Jain replied he has help from the auditor Mr. Wilenchik inquired when implementation of GASB 34 would come about and Mr. Jain replied in the 2003 audit. Mr. Marquez related the auditor is asking for an increase and he is recommending approval. Mayor Pro-Tem Agee questioned if they have a way of tracking assets and was told they do. Mr. Wilenchik wondered about an increase in staff for the coming year and Mr. Marquez replied they will hire 1 dispatcher and 1/2 library person. That's all they can afford. Mr. Marquez then went on to say they expect the results of the staff study in a couple weeks and that will hopefully give them a better look at the future. Before adjournment, Council had the following comments: Mr. Wilenchik requested discussion of a sidewalk along Dietz Road be on the next agenda. He felt we need to force the issue. Mayor Pro-Tem Agee stressed you can't spend tax dollars to build sidewalks. Mr. Simonson indicated other issues are involved. #10 ADJOURNMENT There being no further business to discuss, Mayor Pro-Tem Agee adjourned the meeting at 9:50 p.m. o~ Mayor, City fSchertz, Texas ATTEST: ~A--- ()~ City Secretary, City of Schertz, Texas 249