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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