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.
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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.
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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:
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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.
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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
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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
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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.
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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:
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City Secretary, City of Schertz, Texas
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