ccswk 08-28-02
SCHERTZ CITY COUNCIL
SPECIAL WORKSHOP SESSION
8-28-02
The Schertz City Council convened in Special Workshop Session on Wednesday, August
28, 2002 at 7:00 p.m. in the Municipal Complex Conference Room, 1400 Schertz
Parkway, Schertz, Texas. Those present were Mayor Hal Baldwin, presiding;
Councilmembers Norma Head, Steve Simonson, Reginna Agee and Ken Greenwald.
Absent: Councilmember Tony Wilenchik. Also present were Interim City Manager
Mark Marquez and City Secretary Norma Althouse.
#1 HEARING OF RESIDENTS
Robert Brockman of 4505 Grand Forest had the following comments:
(a) Asked if City Hall should be the showplace of the City and said he thinks it should.
How about getting the water fountain in the lobby fixed?
(b) Reported there is still a hole in the fence behind the Fire Department.
(c) Inquired when the siren would be tested. Mr. Marquez replied there would be
something in the next Council packet about the siren.
(d) Remarked if a vehicle is considered City property, then there should be no smoking in
the Administrative van. Mr. Marquez advised him that according to the ordinance, the
Administrative van is not considered City property
(e) Noted in the construction zone along Schertz Parkway near Ashley Place, both yellow
lines need to be repainted. John Bierschwale, Public Works Director, told him that is the
responsibility of the contractor, Austin Bridge.
(f) Mentioned there is an event for the retirement of Dr. Byron Steele, outgoing
Superintendent of Schools, on August 30th at the K of C Hall.
(g) Commented he thinks there's a dead tree in front of the Police Department.
(h) Indicated there was an article in last week's Express News about the 911 reverse
system. Does Schertz have such a system? Mr. Marquez answered we do and Tony
Wilson, Public Information Officer, said there would be a write-up about it in the October
Newsletter Mayor Baldwin thought we could be submit an article about it to the local
newspaper.
(i ) Stated that at 408 Exchange, there was a couch by the dumpster and also something
up by the chimney. He asked Leonard Truitt, City Inspector, to check on it.
276
Robert Cantu had signed up to speak on Item #5 regarding firearms in the City limits and
said he would wait until that item comes up for discussion.
#2 APPROVAL OF MINUTES: Special Workshop Session June 12,2002
Regular Session June 18, 2002
Special Workshop Session June 26, 2002
Regular Session July 2, 2002
Strategic Planning Session August 10, 2002
Mrs. Agee moved to approve the minutes for the Special Workshop Session of June 12,
2002, the Regular Session of June 18,2002, the Special Workshop Session of June 26,
2002, the Regular Session of July 2, 2002 and the Strategic Planning Session of August
10,2002. Mr. Greenwald seconded the motion, which carried with the following votes:
AYES: Councilmembers Head, Simonson, Agee and Greenwald.
NAYS' None.
#3 Discussion on utilizing 5th week (month with 5 Tuesdays) for strategic planning
review.
Mrs. Agee commented they have a color-coded calendar and there are only three months
when there's a 5th week - October, April and July. They could have a workshop session
on strategic planning in July
Mrs. Head mentioned she thought they didn't want to make that commitment unless
a session is needed. If City Council and staff have something to discuss, then they can
tentatively set a meeting. If things are caught up, then they don't have to schedule a
meeting.
Mayor Baldwin indicated they heard complaints from Mr Wilenchik about no blank
weeks without meetings. Mr. Marquez stated he had identified the meeting-free weeks
on the event calendar just to give Council an idea of when they are.
#4 Discussion and possible action regarding engagement letter with auditors.
Mr. Marquez pointed out there would be a correction on page 3, changing SAFES EMS
to Schertz EMS.
Mayor Baldwin inquired how many years Armstrong, Vaughan & Associates have done
the audit and was told this is the third year.
Mr. Greenwald moved to accept the letter of engagement with Armstrong, Vaughan &
Associates. Nr, Simonson seconded the motion, which carried with the following votes:
277
AYES. Councilmembers Head, Simonson, Agee and Greenwald.
NAYS: None.
#5 Discussion on first reading of ordinance regarding firearms in the City limits.
Mr. Marquez commented there had been several questions concerning this ordinance and
he had asked John Bierschwale and Chief Cantrell to look at it and make any necessary
adjustments and that's what they did. There is some question about the ability to enforce
it, but he will leave that up to Chief Cantrell.
Mr. Bierschwale pointed out that excepted from the provisions are shooting a center fire
or rim fire rifle of any caliber upon a tract of 50 acres or more under one ownership, with
the effective consent of the owner and any tenant residing thereon and not adjacent to any
developed area, provided that the rifle is not discharged within one mile of a platted
subdivision or structure other than the property owner's or in such a manner as would
reasonably be expected to cause any projectile to cross the boundary of the tract onto
other premises.
Chief Cantrell mentioned that also excepted from the provisions are shooting a shotgun
upon a tract of ten acres or more under one ownership, with the effective consent of the
owner and any tenant residing thereon, and not adjacent to any developed area, provided
the shotgun is not discharged within 900 feet of an occupied residence or structure other
than the property owner's, or in such a manner as would reasonably be expected to cause
any projectile to cross the boundary of the tract onto other premises.
Wayne Hofferichter of 10809 Lower Seguin Road asked Council to consider letting him
do bird hunting in his area. He has 250 acres and doesn't think it would pose a safety
hazard. Mayor Baldwin observed the most complaints he would get would be about
pellets hitting property.
Robert Cantu mentioned he brought this subject up in the first place and is glad the City
looked into the ordinance.
Mayor Baldwin asked Council if the 900 feet is acceptable to the and they agreed it is.
Mr. Marquez advised Council that City Attorney, Michael Spain, is working on some
rewording of the ordinance. Mr Simonson commented it is a very good ordinance.
After being asked by the Mayor, Council agreed they were ready for the first reading of
the ordinance at next Tuesday night's meeting.
#6 Discussion on sewer rates for the NorthclitTe area.
278
Mr Mrquez stated the question is if we want to have three ditTerent rate structures or
meld them all together. He reminded Council Mr. Bierschwale had included a letter in
their packets on this very subject.
In his letter, Mr. Bierschwale stated that prior to the annexation of North cliffe and Scenic
Hills, the City of Schertz wastewater treatment service was provided by CCMA (Cibolo
Creek Municipal Authority) and NBU (new Braunfels Utility). Currently CCMA
provides wastewater treatment service for 6,646 connections and NBU treats 2
commercial units.
Mayor Baldwin asked how often we negotiate a contract with GBRA. Mr. Bierschwale
replied we need to negotiate with them. They have been talking with Mr. Spain. As the
system grows, the rates go down. However, when the new plant is built, the rates will go
up. GBRA owns the permit. When they hit 75% capacity, something will have to be
done.
Mr Bierschwale then mentioned our system does not need improvements. Mayor
Baldwin inquired if Mr. Bierschwale had told them we could build our own plant for
$2,000,000. Mr Bierschwale replied yes, but he hadn't heard anything back. There's a
conflict between the Utility Board and the City government.
Mr. Greenwald mentioned that part of their growth is annexation. Mr. Bierschwale
indicated he thinks we should build our own plant.
Mrs. Head verified that GBRA already has a permit to dump into the Dry Comal and Mr.
Bierschwale said that's correct. Mayor Baldwin asked if there's any way to get rid of
that plant and Mr. Bierschwale replied the golf course would lose.
Mr. Greenwald thought it would be worthwhile to make the newspapers aware of the
situation. He can't see subsidizing one system off another. Mayor Baldwin agreed. Mr.
Bierschwale reminded them more homes would bring the cost down. He then asked
Council to let him know what they decide.
Mrs. Agee asked if the City ever got their money from CCMA and Mr. Marquez advised
he has a meeting with them next week.
#7 Discussion setting date for 4-B Board meeting.
Mr. Marquez related it would be a short meeting. One thing they need to do is approve
the 4-B budget. His suggestion is a Tuesday at 6:00 p.m. before a regular Council
meeting. Both Mrs. Head and Mrs. Agee suggested September 3rd at 6:00 p.m.
Everyone agreed.
#8 Discussion regarding FM 78 Beautification Plan for the City.
279
Mayor Baldwin asked Mrs. Head if she had her plan and she responded she didn't bring it
with her
The Mayor then asked where they see that responsibility falling - perhaps under Jason
Hall. Mr. Marquez replied probably, but he hasn't seen the nature of the plan. Mr.
Simonson acknowledged it was a simple plan. Mr Greenwald suggested getting a copy
to Mr. Marquez so he can evaluate it.
Mayor Baldwin thought probably the most expensive part of the plan was putting the
utilities underground. David Richmond, Planning and Zoning Chairman, commented
both the City and the businesses agreed to put in funds and that was before FM 78 was
widened. Mr Marquez asked if they addressed the railroad issue and Mr Richmond
replied they addressed it partially.
Mrs. Head felt the signage and entryways offIH-35 and FM 78 should be the same. She
then mentioned she was in H.P Printing today and asked them how the FM 78
improvements had helped business. The response was they are still looking at the same
unfinished wall on the building next door Mrs. Head feels we are letting the people
around Burch Roofing down. There are volunteers to paint walls and remove graffiti if
that would help.
Mr Simonson advised that before he retired he called and asked if Burch had withdrawn
their litigation and was told it is still stalemated. There was a brief discussion about the
fact there was a time frame on the lawsuit by Burch.
Mr. Richmond thought the third entrance to the City coming from Cibolo was included in
the Beautification Plan. Mr. Marquez noted that discussion of the Beautification Plan
would be on the next workshop agenda.
#9 Discussion on City Councilmember assignments.
Mr Marquez advised Council that Steve Simonson has no assignment as a liaison to any
organization at this time. It is his suggestion that Mr Simonson replace Mr. Greenwald
as the liaison to Planning and Zoning. Mr. Simonson declined, saying he does not wish
to take on an assignment that has double meetings per month. He doesn't think his wife
would be too pleased about that. Mayor Baldwin agreed and mentioned he had wondered
if because of Mr. Simonson's health crisis, double meetings would be too much. Mr.
Simonson then told Council if they want him to take on being the liaison to the Housing
Authority, he would do that. Mrs. Agee questioned if that would be a conflict of interest
because Mr Simonson used to be the Executive Director for the Housing Authority Mr.
Simonson did not feel it would be a conflict of interest. Mrs. Head suggested making Mr
Simonson the liaison to BVY A and Mrs. Agee the liaison to the Housing Authority.
Both agreed to that suggestion.
280
Mayor Baldwin thought maybe they should see if Billy Pitts wants to stay involved with
the skateboarders. He's not sure if they need someone for that. Mrs. Agee said she
thought Cibolo was building a skateboarding facility
At this time Council took a short break before beginning the Budget Workshop Session.
#10 Budget Workshop
Insoection Deoartment
Mr. Marquez related that one of the casualties to the Inspection Department was the loss
of another inspector's position. The budget wouldn't allow that. They may take another
look at mid-year. Inspection had also asked for more space, but they were also unable to
accommodate that request. They had also talked about a third party inspection service,
but took it out at this time. Some plans are becoming quite intense and time consuming
and the need is there for the use of a third party. Several groups guarantee a one-week
turnaround, so they would be able to get a better turnaround of plan reviews.
Mayor Baldwin commented he doesn't see how the City can grow without the Inspection
Department growing. Chief Friesenhahn indicated that a third party would certainly
help the Fire Marshal. Mayor Baldwin then commented he can't imagine what kind of
engineer is required for a project like Verizon.
Mr. Marquez remarked he and Mr. Jain had run a preliminary budget and could probably
find some excess funds if Council feels strongly about increases in the Inspection
Department.
Planninl! & Zonin~
Mr. Marquez noted the budget is pretty close to last year's. They are watching the
engineering costs because there was a slight increase. There will be a crossover of the
Unified Development Code with the update of the Code of Ordinances.
Mr. Marquez also mentioned he had asked Mr. Richmond about an annexation plan
because the City needs one. Ron Youngblood, City Planner, stated that drainage issues
also need to be addressed. If there are catastrophic conditions like a flood, it costs the
City a lot of money.
Mr. Simonson commented part of the engineering costs last year were due to Mr.
Youngblood's work on grants. Mr. Marquez indicated they would be carefully
monitoring engineering fees and legal fees.
Mr. Youngblood stated the Planning Department is looking at expansion in the future
because they have inadequate physical space. In the meantime they will try to provide
the best possible service.
281
Mr. Greenwald expressed the hope they are not cutting travel and training because it has
been worth its weight in gold.
Mrs. Head brought up the subject of legal representation at Planning and Zoning
meetings. Both Mr. Greenwald and Mr. Richmond agreed that Planning and Zoning is
being faced these days with more complex issues which sometime require legal advice.
Mr Marquez said he would put out an edict that no one calls the City Attorney unless
they have permission from him to do so.
Court
Mr. Marquez related this is a straightforward budget. There are no frills. The Special
Events and Lease Purchase figures should be reversed.
Judge Padgett mentioned that as far as Teen Court, they would like to be able to give
scholarship money back to students who have participated. They would need to form a
committee to establish the criteria for such a project.
Judge Padgett then mentioned she had asked for an additional warrant officer, but that
was cut from the budget. Mr. MacSorley can only serve 33% of the warrants. Mayor
Baldwin wondered if we could hire warrant officers on commission. It seems there
should be some justification for another warrant officer. He then asked if it would help to
hire a Court BailitT. Judge Padgett replied unless it for a minimum of three days a week,
it would not help.
Mr. Greenwald questioned if the City could use some of it's own police officers. Chief
Cantrell replied there would have to be an agreement with an outside source because
there is liability involved. He is sure they would like the extra time. Mr. Greenwald
suggested trying it for a couple of months. Mrs. Head mentioned she would rather see
facts and figures before another person is approved.
Mayor Baldwin asked if a decision was made for us to be a Court of Record. Judge
Padgett answered she is ready to move forward. There is no cost involved. They could
use the current recording system. They are waiting on City Council approval. It would
increase the effectiveness of the court.
Mayor Baldwin inquired if the plan was to come back at some future time and if we need
an ordinance. Judge Padgett indicated she would like to get started now and yes, an
ordinance is required. Mr. Marquez said they would get an ordinance.
Judge Padgett told Council they are set up to become a source for people to pay fines on-
line and they are anxious to get started. Mr. Marquez noted they expect it to be
successful and may include utilities in the future.
282
Judge Padgett then mentioned Judge Finley's salary is still in her budget. He sits in for
two to four cases per month and we pay him $300 per month. He is not her backup. She
uses the Justice of the Peace.
Mayor Baldwin then questioned if Roy Richard is going to be able to continue as the City
Prosecutor since he has been elected as the Justice of Peace. Judge Padgett
recommended Darrell Dullnig to replace Roy Richard as City Prosecutor.
There was some discussion among Council and they decided, on Judge Padgett's advice,
to advise Judge Finley his services are no longer needed. Mayor Baldwin suggested it
become effective October 1, 2002 and needs a nice letter from the City Manage thanking
Judge Finley for all his years of service to the City..
Non-Deoartmental
Mr. Marquez stated this is a straightforward budget. Line Item 210 is for services
provided by the County Tax Assessor/Collector Tavie Murphy It was previously in the
City Manager's budget.
TIF
Mr. Marquez noted they are keeping the TIF (Tax Incremental Financing) alive, but will
eventually close it out. $10,000 is intended to go toward the bond. They are not
supposed to have excess funds in the I&S.
Debt Service
Mr. Marquez advised the $750 000 in there can apply to the I&S rate in the coming year
There are several items where timing is important. This is a combination of what we pay
to everybody. Mr. Jain is setting up a new chart of accounts so we can tell whom we're
paying. This is all debt City wide.
HotellMotel Occuoancv Tax
Mr. Marquez mentioned this account is not making as much as he thought it would, but
the motel is staying afloat.
Line Item 216 is Amy Madison's projects. Line Item 218 is all advertising, and Line
Item 264 is not to be used unless it can't come out of something else. It will be
monitored closely.
Park & Recvclim! Funds
Mr. Marquez advised Council we have to get rid of our rebate. The current fund won't
pay for Spring and Fall Clean-Ups.
283
Mayor Baldwin said the money Henry Gutierrez pays us for recycling should have been
adjusting year to year,
Mrs. Head stressed that Tony Wilson, Public Information Officer, needs to write about it
and explain that it will pay for the Spring and Fall Clean-Ups.
Mr Simonson, saying they had talked about advertising tonight, asked if they need to
budget money for mailing out the Newsletter. Mr. Marquez assured him it is already in
Tony Wilson's budget.
Mayor Baldwin asked if the rebate is part of the rate ordinance or the recycling
ordinance. Mr. Marquez promised to check it out.
Fund Balance Review
Mr Marquez reminded Council these were the balances as ofJuly 31, 2002.
He was a little concerned about the 4B account. The 4-B bond is a City bond. The 4-B
Board pays the City (it was a pledge), they don't need a reserve fund. We do have to be
careful, though, how the 4-B money is used. It is currently paying for the Economic
Development and Public Information Officer positions.
As far as the TIF funds, Mr. Marquez stated they are going to spend those funds. They
do need a reserve for the Schertz Parkway project. Mrs. Head asked if those funds could
be used for the Beautification Plan and Mr. Marquez replied yes. She then asked if the
funds could only go for trees and not for signs. Mr. Simonson said that's correct.
Mr Marquez noted the Recycling and EMS funds are zero. They are supplementing with
cash flow only. Mayor Baldwin asked if we could go into the City's fund if we have a
deficit. Mr. Marquez indicated they are looking at writing off a portion of the EMS
deficit before the end of the fiscal year.
Mr. Greenwald brought up the fact the public hearing on the tax rate is supposed to be the
only item on the agenda. Mr. Marquez informed him they would have two agendas. The
tax rate public hearing will be the only item on the first agenda and then the meeting will
be adjourned. They will then have a second meeting. They have done this in the past to
accommodate the law regarding the tax rate public hearing. By the way, the tax rate will
stay the same as last year.
This ended the budget workshop.
# 11 Items by City Manager
General announcements
Report ffi-35/FM 3009 Intersection
284
· Mr. Marquez l,;,yv.,.d meeting ~",.,,,,,Jay with the businesses affected by the
IH-35/FM3009 intersection. They seemed to like the letter from Michael Spain.
The total cost for the plan is $665,000. The next meeting is scheduled for
September 24th and he expects to come back with a commitment. Mayor
Baldwin stated he is very pleased with this. Mr Marquez added the cost to the
City is approximately $100,000. Mrs. Head reported that Randolph Brooks
Federal Credit Union is very happy about the plan. Mr. Marquez noted those
stores up there are the highest grossing in their particular chain.
· Advised they have 40 applications for City Manager They are ready any time the
citizens group gets together. Mayor Baldwin mentioned Mrs. Head will be gone
part of September, so they need to set a date. Mrs. Head asked if all the
preliminaries could be done in September so they could have it narrowed down to
5 or 6 candidates by October I st. Mr. Marquez answered yes, and they may use
the Conference Room all day. Mayor Baldwin wondered if they could set up a
telephone in the Conference Room and Mr. Marquez replied they could.
#12 Items by Council
General Announcements
Council member Head Report
4-B Board
Liaison Schertz Library Board
· Regarding the Scout Hut, she had three Girl Scout leaders say they would use the
building, but wouldn't sign for it saying they're responsible for upkeep. Mayor
Baldwin explained the Adolph Schertz Scout Hut Association no longer exists. It
has to be regenerated for the building to be released. Mr. Marquez thought maybe
Michael Spain could do something about that. Mr Greenwald suggested
contacting Tom Harm. Mrs. Head emphasized the ladies don't want a lifetime
commitment.
Councilmember Agee Report
Liaison 4-B Board
· Mrs. Agee had nothing to report.
Councilmember Wilenchik Report
4-B Board
Liaison Humane Society
. Mr Wilenchik was absent.
285
Councilmember Greenwald Report
4-B Board
LiaisonBVYA
Ex-officio Schertz/Seguin Local Government Corp.
Ex-officio Planning & Zoning Commission
. Regarding Planning & Zoning:
· They turned down 3 sign requests last night (the school, the Catholic Church and
Lamar). Mayor Baldwin stated he has advised representatives from both the
church and the school to bring a request to City Council for a variance. Council
does make exceptions.
· They approved the plat for the Ridge at Scenic Hills for 589 homes. There was
concern about the lots being too small, but in actuality they are all over the
minimum size.
· Nabisco came to the meeting (they have 3 lots in Tri-County) because they have
an issue with some utility easements before we can settle. Mr Marquez pointed
out Nabisco is part of the Kraft Fortune 100 Co.
. The last unit in Forest Ridge (Unit 6) finally got all the bugs worked out.
· Mrs. Agee asked if anything has been done about the area that was rezoned for
apartments in Scenic Hills. Mr Greenwald replied not yet, but reported that Pulte
and Perry Homes are both building in Scenic Hills.
. Security Service Federal Credit Union was on the agenda, but withdrew.
Mr. Simonson asked if anyone has looked at the Scout Hut. Is it still viable? Mr
Bierschwale replied that Johnie McDow ofBVY A is still having the engineer look at it.
Mr. Simonson, referring to Mr Greenwald's remarks about the Ridge at Scenic Hills,
said both Savannah Square and Woodland Oaks have a mix oflot sizes. The City has
made 50' lots work and he doesn't think they are detrimental to the City. He also added
that Ashley Place is a mix oflot sizes. Mr Greenwald commented they don't really fit an
R-5 or R-6 zoning definition.
# 13 Items by Mayor
General announcements
· Read the memo from Dudley Wait, EMS Director regarding ceremonies for 9-11.
They will be discreetly short. There will be a moment of silence at 9:05 A.M.
local time. The honor guard will lower the flag to half-mast. There will probably
286
be one song such as God Bless America. It is estimated the ceremonies will not
last longer than ten minutes.
· Mr Marquez suggested a moment of silence at the City Council meeting that
evening.
· Mrs. Agee said they need to make sure they're not on the same line as the schooL
which also has ceremonies planned. Mayor Baldwin was sure there would be
overlap. He is already committed to Randolph Air Force Base for their
ceremonies.
· Mr Marquez asked for the budget books back from Council. He explained they
would individually lay sheets on top of each department so Council can see the
adjustments.
#14 ADJOURNMENT
There being no further business to discuss, Mayor Baldwin adjourned the meeting at
10:14 p.m.
J-~4JI!t7LL
~ty of ScherizVrexas
ATTEST'
~t2&I-'.4J
City Secretary, City of Schertz, Texas
287