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ccreg 08-06-1996 REGULAR SESSION OF THE CITY COUNCIL AUGUST 6, 1996 The Schertz City Council convened in Regular Session on Tuesday, August 6, 1996 at 7:00 p.m. 1n the Council Chambers of the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Hal Baldwin, presiding; Councilmembers Charles McDonald; Joe Potempa; Timothy Swinney; Earl Sawyer and Ken Greenwald. Staff present were City Manager Kerry Sweatt and City Secretary Norma Althouse. Mayor Baldwin welcomed everyone and asked them to rise and join him in the Pledge of Allegiance to the flag. After the pledge, Mr. Sweatt introduced the two visiting Macedonian Mayors and their interpreter. He explained they are here as part of an exchange program and have already visited the city of Boston, Massachusetts and the Texas cities of Highland Park, Waxahachie and Athens before coming to Schertz. They are here to learn about the way local government is run and will hold their first election in their cities this year. The visitors were welcomed by Mayor Hal Baldwin. #l #la APPROVAL OF MINUTES: APPROVAL OF MINUTES: Special Session 5-29-96 Regular Session 6-4-96 Mr. Sawyer moved to approve the minutes, as written, for the Special Session 5-29-96 and the Regular Session 6-4-96. Mr. Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Sawyer, swinney and Greenwald. NAYS: None. #2 HEARING OF RESIDENTS: Those citizens wishing to speak on agenda items (other than public hearing items) or items not on the agenda, will be heard at this time. Several citizens had signed up to speak about Item #4 which is the public hearing regarding a 121 acre gated community. After being questioned by Mayor Baldwin, they agreed to hold off making their comments until the public hearing. George and the issuing City to shortage Mower of 501 Brooks spoke about the water shortage fact the City keeps approving new subdivisions and building permits hand over fist. He called on the stop issuing building permits until the water is over. #3 ORDINANCE: Consider and take action on final reading of ordinance rezoning approximately 30 acres from Residential/Agriculture (R/A) to Mobile Home Dwelling District (MH) (Cliff Johnson property). -366- Mr. Potempa moved to approve the final ordinance rezoning approximately 30 Residential/Agriculture (R/A) to Mobile District (MH). Mr. Greenwald seconded the carried with the following votes: reading of an acres from Home Dwelling motion, which AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. #4 PUBLIC HEARING: To receive citizen comments on a request from FM 3009 Partners to rezone 121 acres from Planned Unit Development/General Business/Light Industrial (PUD/GB/M-l) to Residential (R-6 gated). Mayor Baldwin explained the procedure that will be followed for tonight's public hearings. Mr. Sweatt pointed out the location of the proposed gated community on the map, saying it is 800' behind the right-of-way of IH-35, some is behind the right-of-way of FM 3009, some is behind Mobile Villa, and a portion of it abuts the Deer Haven Subdivision. Forty-two letters were sent to property owners within the required distance and seven were returned - two in favor, four opposed and one questionable. Sam Bledsoe and Braden Box are both here tonight to represent the owner/developer of the proposed subdivision. Mr. Box explained it is a 121 acre tract of land which will be known as the Forest Ridge Subdivision. The western portion will have gated access from FM 3009. There is no commercial frontage although they will back up to commercial on IH-35 and on FM 3009. They will front away from retail, they will have hiking and biking trails, they will have thicker trees on the larger estate lots (which will not be gated), and the community will be in harmony with its surroundings. The lots will range from 6600 square feet to 7200 square feet which in in excess of the 6000 square feet requirement. Mr. Box reported they held a meeting with the residents of Deer Haven and agreed to a 50' setback from their property lines. Some of the real challenges of this development will be backing up to the retail, backing up to the mobile home development, and dealing with the overhead electrical lines. They probably will ask for some of the same variances granted Greenshire in regard to park land. Ann Ladds of 921 Fawn stated she held a meeting at her home and almost all the residents on Fawn were there. The consensus was that if something is going to develop, they would rather it be residential instead of commercial which was proposed several years ago and which they opposed. -367- They would rather see nice homes versus loading docks dumpsters. They would like 75' between them and the house and would like to keep a buffer zone. and next Roman Froboese of 4513 FM 3009 expressed a lot of concern about who owns the property and about drainage. There is a culvert on his property that was built in cooperation with TXDoT, the city of Schertz and Barshop. The developer of this proposed community needs to be careful about drainage. Mr. Bledsoe indicated a lot of drainage will be intercepted by Wiederstein Road, but there will still be some crossing Mr. Froebese's property. After further discussion with Mr. Froebese, Mr. admitted the final drainage design for the project been completed yet. Bledsoe has not Mayor Baldwin houses being answered no development. asked Mr. built on better Froebese if he has a problem with the property "and Mr. Froebese residential than commercial Richard Hammell of 12041 Schaefer Road, referring to his experiences in New York, said when developers there put in street drainage, they put in a sump and all houses drained into the sump. It is City Council's obligation to find a way to stock water and the State of Texas has got to see we need to recharge. Mayor Baldwin assured Mr. Hammell the Texas law requires builders to be concerned about water. Mr. Swinney asked Mrs. Ladds if there is any concern about the property density along FM 3009. Mrs. Ladds responded there will always be traffic along FM 3009 and eventually Schertz Parkway will absorb part of that. The Deer Haven homeowners would still rather have residential development instead of commercial Jack Ladds of 92l Fawn Drive commented he was speaking on behalf of James Harden, owner of the nursery along the IH-35 access road, and mentioned a problem with dumping trash over the fence onto Mr. Harden's property. The developer needs to address that problem and City Council needs to make sure the problem is corrected. Mr. Potempa asked if Mr. Harden is for or against this proposed development and was told by Mrs. Ladds he is for it. Mr. McDonald questioned how the estate lots, since they are not part of the gated portion, are going to have access. Why not make Wiederstein Road the only exit access to Schertz Parkway instead of FM 3009? Mr. Bledsoe replied there will probably eventually be another means of access, but Wiederstein Road is not currently built. Mr. McDonald stated he originally didn't think residential is the best use of the land, but he is not totally against -368- it. He does feel, however, there abatement walls because of all traffic. do need to be some sound the noise from IH-35 Ray Wofford will increase 3009. Mayor decides if along Farm to of l200 Spicewood stressed this development the need for traffic control signals along FM Baldwin informed Mr. Wofford the State and when to install traffic control signals Market Roads. Mr. Swinney once again expressed his concern about gated communities. We think the roads will be maintained, but if the Homeowners Association falls apart lO to l5 years down the road, he doesn't see anything but a big liability for taking care of the streets. Mr. Sawyer, saying he likes gated communities, pointed out the Homeowners Association management is required to build up an escrow account for road maintenance plus an account that can handle the streets if they should ever be deeded over to the City. Mr. Potempa's concern was about the increase in traffic on FM 3009. Mr. Sawyer felt that as traffic hazards increase, it will behoove TXDoT to install traffic signals. Mayor Baldwin asked if the greenbelt will be enclosed in the gated community. Mr. Bledsoe answered it will be accessible to the gated and ungated communities because of the way Wiederstein Road lays out. Essentially the greenbelt will be open, but there will be fences to the backs of the lots abutting it. Mr. McDonald inquired if there's only one access. All he sees is the entrance off FM 3009. Mr. Bledsoe acknowledged that is the only access right now, but as they get further along, there will probably be another connection down at Wiederstein Road. Mr. McDonald thought the City required two means of access in case an emergency situation arises. Mr. Greenwald explained this is a conceptual plan. When it gets to the actual platting process, that's when all the details about access will come into play. There was a brief discussion on the dedication of park land with Mr. Bledsoe saying right now they plan on dedicating l7.7 acres, but he hasn't run the figures so he's not sure how much that will be in fees. A lady in the audience asked if she understands correctly that currently the only access is off FM 3009, and Wiederstein Road won't be a means of access until possibly further into the project. Mr. Bledsoe explained that the idea is to keep a gated community concept, which is privacy. The developer felt it was hard to market something like this, with all the commercial surrounding -369- it, without providing something unique like the sense of privacy and the park area. Building Wiederstein Road is quite a costly project. Mr. Mower, asking permission to speak, wondered where the developer is going to get water for this subdivision and Mr. Bledsoe answered from the City of Schertz. Mr. Mower then asked where the City is going to get its water and Mr. Bledsoe answered from the Edwards Aquifer. There being no further questions or discussion, Mayor Baldwin closed the public hearing at this time. #5 ORDINANCE: Consider and take action on first reading of ordinance to rezone l21 acres from Planned Unit Development/General Business/Light Industrial (PUD/GB/M-I) to Residential (R-6 gated). (FM 3009 Partners) Mayor Baldwin introduced an ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AMENDING THE ZONING ORDINANCE NO. 87-S-1 BY REZONING APPROXIMATELY l2l ACRES OF LAND OUT OF GUADALUPE COUNTY AND REFLECTING SUCH CHANGES ON CERTAIN ZONING MAPS IN ACCORDANCE WITH THE SCHERTZ ZONING ORDINANCE. Mr. Greenwald moved to approve the first reading ordinance rezoning 121 acres from PUD/GB/M-I to R-6 Mr. Sawyer seconded the motion. of an gated. Mayor Baldwin reminded Council, for clarification, this is not approval of the subdivision, this is just approval of the zoning change. As far as the subdivision, there are still a lot of questions that need to be answered as far as drainage and access. Mr. McDonald asked if Council will get an opportunity to address this again, or will it be all Planning and Zoning and the platting process. Mr. Swinney verified if this rezoning is approved, then Council is more or less saying go ahead with the project. Mayor Baldwin commented it is more a case of approving the rezoning and then Planning and Zoning, as always, will make sure the developer meets all the subdivision requirements. Mr. Greenwald pointed out there will also be input City staff, City engineers and attorneys. It's not Planning and Zoning - it will be a cooperative effort. from just At this time the vote was taken with the following results: AYES: Councilmembers Sawyer and Greenwald. -370- NAYS: Councilmembers McDonald, Potempa and Swinney. The motion failed to carry and the request was denied. #6 PUBLIC HEARING: To receive citizen comments on request from Mike Lancaster to rezone lO.37 acres from Neighborhood Services (NS) to Residential Dwelling District (R-6 gated). Mr. Sweatt pointed out the location on the map, noting it fronts on FM 3009 between Woodland Oaks Drive and Dimrock and is currently zoned Neighborhood Services. Thirty-four letters were sent to property owners within the required distance and seven were returned - two in favor and five in opposition. Mike Lancaster distributed a layout of the proposed subdivision to City Council. Mr. Lancaster stated he had been working with the neighborhood association and with the Planning and Zoning Commission regarding concerns about this project. It will consist of 40 residential lots, the average size of which will be 9200 square feet. He is going to designate 1.2 acres on the corner of Woodland Oaks Drive and FM 3009, across from Tiger Tote, to construct a small retail center with five or six tenants. The entry to the subdivision will be off Dimrock and they picked that because the Woodland Oaks intersection already had some commercial activity and the increased traffic would be a negative factor. Mr. Lancaster went on to say there will be a 6' masonry fence all the way around. There will also be a 40' space and then the property owner's fence all serving as a buffer from the commercial activity. There will be houses backing up to houses not only along FM 3009, but also backing up to Woodland Oaks. There is a drainage ditch which separates a good portion of his project from Woodland Oaks. The 50' setback will leave a nice canopy of trees backing up to FM 3009 to help screen the noise. Mr. Lancaster mentioned there had been questions in the past about tax values. Upon doing a comparison ten years ahead between commercial and residential, the housing ended up being $7,000 ahead and that didn't count the $9,000 in park land fees being paid to the City of Schertz. Regarding the concern about the streets in gated communities not being maintained by the City, Mr. Lancaster remarked he submitted a budget to Steve Simonson who forwarded it to Ed Ford. Mr. Lancaster said Sam Bledsoe is also his engineer and they had worked together on the budget. Mr. Simonson has a letter from Mr. Ford approving the budget from a maintenance standpoint, saying it has sufficient funds. In reality, the City will be collecting taxes and not having to maintain roads. Since the City will be inspecting the roads, if they should get them back in 20 years, they should be in pretty good shape -371- and the escrow fund would be available to take care of any inefficiencies. E. Workmon of 2728 Poplar Grove advised that Lancaster came to the Homeowners Association Board Directors meeting and made his presentation. homeowners do not object to Mr. Lancaster's plan. prefer residential versus commercial development and been assured the trees will be preserved. The majority have indicated approval. Mr. of The They have vast Ty Brisgill of 2608 Hidden Grove preferred Neighborhood Services development of the property. He stated if you look from IH-35 down to Elbel Road, there's not much Neighborhood Services development. Regarding private streets, Mr. Brisgill said that is a major concern. There is no sidewalk along FM 3009 and the State doesn't do a good job of maintaining the weeds. If you're selling houses, what does a gated community say. Is Schertz safe? A gated community does not convey the image of a friendly city. Robert King of 2700 Kline Circle spoke in favor of Mr. Lancaster's project. Mr. Lancaster has gone out of his way to satisfy everyone's requirements. He has done everything the City has asked him to do. He has made a commitment to preserve the trees currently there. He is willing to work with the community and maintain the aesthetics of the community. What other developer has done all that? Most of those who are opposed would like to see things remain as they are now. Regarding traffic, FM 3009 was designed to handle it. Regarding private streets and emergency access, where is the problem. Mr. Lancaster has to meet all the City requirements. Mr. Swinney asked Mr. Lancaster how important the gates are to him. Would this project be successful if it were a traditional neighborhood? Mr. Lancaster answered to compete, the gates are important. They are popular right now because people like to control their own destiny. That's why he has taken the trouble to confer with lots of individuals such as homeowners, engineers, City officials and also why he has worked up a budget. There's no problem with the emergency vehicles - they can get through the gates. The retail center across from Tiger Tote will have a fence to match the fences of the homeowners. He will do everything possible to be a good neighbor. Mr. Swinney admitted he's communities, but is impressed presentation. not in with favor Mr. of gated Lancaster's Mr. McDonald felt residential is not the best use of the land. His opinion is based not only on tax revenue, but on convenience for the neighborhood. Things like doctors' offices are needed and this is the best piece of land for Neighborhood Services on FM 3009. Mr. Lancaster -372- emphasized to Mr. McDonald he is trying to offer both commercial and residential. Mr. Potempa asked Mr. Lancaster if he would consider taking down the gates and Mr. Lancaster answered no, the gates provide a sense of security. Mayor Baldwin inquired what price range the homes will be in and was told by Mr. Lancaster they will be in the $lIO,OOO to $120,000 range. Mr. Potempa asked who the builder is and was informed by Mr. Lancaster it is Flair Homes. Mr. Sawyer mentioned he likes the concept of houses backing up to houses. George Mower questioned how many homes and Mr. replied 40. Lancaster There being no further questions or discussion, Mayor Baldwin closed the public hearing at this time. #7 reading gated. ORDINANCE: Consider of ordinance to rezone (Mike Lancaster) and take action on first 10.37 acres from NS to R-6 Mayor Baldwin introduced an ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AMENDING THE ZONING ORDINANCE NO. 87-S-1 BY REZONING APPROXIMATELY 10.37 ACRES OF LAND OUT OF GUADALUPE COUNTY AND REFLECTING SUCH CHANGES ON CERTAIN ZONING MAPS IN ACCORDANCE WITH THE SCHERTZ ZONING ORDINANCE. Mr. Greenwald moved to approve the first reading of an ordinance to rezone 10.2 acres from NS to R-6 gated. Mr. Sawyer seconded the motion, which carried with the following votes: AYES: Councilmembers Sawyer, Swinney and Greenwald. NAYS: Councilmembers McDonald and Potempa. #8 PUBLIC HEARING: To receive citizen request from City of Schertz to rezone 8.61 Apartment/Multi-Family Dwelling District Neighborhood Services (NS). comments on acres from (R-4) to Mr. map, Elbel Creek Sweatt pointed out saying it is on Road on the same Apartments. It the location of the property on the the corner of Schertz Parkway and side of the street as the Sycamore was the owner's intention to build -373- apartments and he has had several extensions, but nothing has materialized yet. The Planning and zoning Commissioners, of their own volition, have requested this reversal in zoning (it was NS to start with) since nothing has developed. Mr. Sweatt further stated nine letters were sent to property owners within the required distance and two were returned, both in favor of the rezoning. Joe Veytia of San Antonio, owner of the property, mentioned he had been given plenty of time to find financing for the project, but even thought he disagrees, the lending community doesn't feel this is a good market for apartments. He has tried several methods, among them government programs, but has always come up empty. He thinks the best use of the land is R-4 and if it reverts back to Neighborhood Services, it will be bad for the City of Schertz. Mr. veytia commented he would like for things to be different, but they are not. Mr. McDonald agreed with Mr. Veytia. Mayor Baldwin observed the land can set empty zoned R-4 as well as zoned NS. Mr. sawyer pointed out Mr. Veytia can always request the land be rezoned back to R-4. The City needs to maintain continuity and keep its word. They gave Mr. Veytia a certain amount of time to start development and he hasn't, so the zoning should revert back to NS. Mr. Potempa agreed with Mr. Sawyer. Mr. Greenwald suggested if he finds a source of financing, that Mr. Veytia come back and request rezoning. There being no further discussion or questions, Mayor Baldwin closed the public hearing at this time. #9 reading (Veytia ORDINANCE: of ordinance Property) Consider and take action on first to rezone 8.61 acres from R-4 to NS. Mayor Baldwin introduced an ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AMENDING THE ZONING ORDINANCE NO. 87-S-1 BY REZONING APPROXIMATELY 8.61 ACRES OF LAND OUT OF GUADALUPE COUNTY AND REFLECTING SUCH CHANGES ON CERTAIN ZONING MAPS IN ACCORDANCE WITH THE SCHERTZ ZONING ORDINANCE. Mr. Sawyer ~oved to ordinance rezoning 8.61 seconded the motion, votes: approve the first reading of an acres from R-4 to NS. Mr. Swinney which carried with the following -374- AYES: Councilmembers Greenwald. Potempa, Sawyer, Swinney and NAYS: Councilmember McDonald. #lO BID AWARD: Consider and take action on awarding bid for telemetry equipment for utility control system. Mr. Sweatt advised the City solicited bids for telemetry equipment to replace the utility control and pump system. One problem is that the current system is proprietary in that only the company we bought it from can repair it. Bids were received from P.C.I. in the amount of $42,593.00, from Hierholzer Engineering in the amount of $47,200.00, from Team Controls in the amount of $101,000.00, from C.E.I. in the amount of $34,850.00 and from Remote Operating Systems in the amount of $42,500.00. It is recommended the bid be awarded to P.C.I. in the amount of $42,593.00. Sam Willoughby and Eber Busch from the Public Works Department are here to answer questions. Mr. Mr. turns McDonald questioned what telemetry equipment does and Sweatt explained it is radio band equipment which the pumps on and off and monitors the flow. Mr. Potempa asked what company the City currently has and Mr. Sweatt answered C.E.I., but the system is failing and getting extremely expensive to maintain. Mayor Baldwin asked if the City has a maintenance equipment with C.E.I. now or do they just maintain their own equipment. Mr. Sweatt replied there is no maintenance contract. It went up to $5,000 per year and they found they couldn't afford it. When we have to call them, we're still paying a minimum of $500 per trip. We could repair much of that equipment ourselves, but are unable to buy the components. Mr. Sawyer asked if the maintenance contract price was included in the bid price from C.E.I. Mr. Sweatt replied no - the maintenance contract, should the City choose to do that, would be an additional $6300. Mayor Baldwin inquired about the maintenance contract price with P.C.I. and Mr. Sweatt indicated that would be $2400, but they are not recommending a maintenance contract. Mr. Swinney observed it looks like in light of the maintenance, they could make up this difference in about two years. Mr. Sweatt mentioned that one problem is most of the system failure is caused by lightning and under most normal maintenance agreements, that's not covered. Mr. Greenwald commented if the P.C.I. system breaks down, the City could go out and buy parts and do their own repair. With C.E.I. that's not possible. Mr. Sweatt -375- verified that's correct. Mr. Potempa questioned if the City has the ability in house to repair the system and was told they do. Mayor Baldwin wondered if there's any warranty restrictions if the City does the work itself. It won't void the warranty? Mr. Willoughby replied there are no such restrictions. Mr. Sweatt asked the expected life of the system and Mr. Willoughby replied approximately 10 years. Things have gotten better and less expensive. Mr. McDonald moved equipment to P.C.I. Swinney seconded the following votes: to award the in the amount of motion, which bid for telemetry $42,593.00. Mr. carried with the AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. #IOa ORDINANCE: reading of ordinance in Greenshire Unit 4. Consider and take action on final establishing traffic control measures Mayor Baldwin introduced an ordinance and read the caption as follows: ORDINANCE NO. 96-D-23 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS, BE AMENDED BY REVISING SECTION 18-32, STOP INTERSECTIONS, SECTION 18-35, YIELD INTERSECTIONS, AND SECTION 18-48, TWO-WAY STOP INTERSECTIONS; AND PROVIDING A REPEALING CLAUSE. Mr. Sawyer moved to approve the final reading of an ordinance establishing traffic control measures in Greenshire Unit 4. Mr. Potempa seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. #IOb BUDGET: Consider and take action regarding Bexar Metro 911 budget. Mr. Sweatt advised Council a minute order is appropriate for approval. -376- Mr. Potempa moved to approved the Bexar Metro 9ll budget. Mr. McDonald seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. #ll CITY MANAGER'S REPORT: Sweatt deferred his comments discussion. There was none. Mr. to the first budget #12 ITEMS BY COUNCIL: Mr. Greenwald: Asked that on the next workshop agenda there be an item for discussion about abolishing the Planning and Zoning Commission since City Council wants to see all the plats and doesn't need the Commission. Mr. McDonald commented he didn't realize the Commission was infallible. The people here tonight representing the FM 3009 Partners didn't answer the Council's questions satisfactorily. Mr. Greenwald pointed out the questions they were asked are not part of the zoning change request. Council is confusing zoning with the platting process. Mayor Baldwin stated it is part of the process to disagree. Mr. Sawyer remarked he thinks what Mr. Greenwald is saying is if Council wants to be part of the platting process, it should be so stated in an ordinance. After a brief discussion, Council stressed they were not in favor of abolishing the Planning and Zoning Commission and an item to do so should not be on a workshop agenda. Mr. Sawver: A. Reported there are still a proliferation of illegal signs on telephone poles in his area and he would like to see them removed. If the City isn't going to enforce the Sign Ordinance, then do away with it. B. Reported that in the parking lot of the park, facing Oak Street in front of the ballfield concession stand, there are some concrete bumpers for cars one of which is almost across the sidewalk pavement. Another one is also sticking out a little and someone is going to trip on them. Someone needs to move them back in place. C. Stated he had observed some illegal watering while on his morning walks. D. Commented there's a gentleman selling watermelon in front of the VFW and he has no objection to that as long as the gentleman has a City license and a Sales Tax Certificate. Mr. Sawyer was informed the gentleman has both. -377- ---- Mr. Potemoa: Asked if there's a misprint on the Calendar of Events. Does the City have Municipal Court everyday? Mr. Sweatt replied yes they do. Mr. McDonald: illegal signs Mr. A. Mentioned he has seen Sawyer is talking about. some of the B. Brought up the fact there's still a motor home blocking the sidewalk at one of the homes in Woodland Oaks. His pet peeve is motor homes blocking the sidewalk and also motor homes parked on the street longer than legally allowed. C. Related his vote tonight was not the Planning and Zoning Commission. doing a good job. a reflection He's feels against they're #13 ITEMS BY MAYOR: There were none. #13a BUDGET WORKSHOP At 9:20 p.m. the Council moved to the Conference Room to hold a workshop on the budget. Mr. Sweatt advised there are already some changes to pages 2, 38 and 40 and everyone should have their revisions. He also reviewed the tentative budget schedule. The budget was submitted to the City Secretary on August lst in accordance with the terms of the City Charter. On September 11th, if the recommended tax rate is 3% above the effective rate, there is a requirement for a tax public hearing as the only item on the agenda. If the tax rate is not 3% above the effective tax rate, no public hearing is required. The other items on the tentative budget schedule are self-explanatory. Listed for August 28th is a vote to place a proposal to adopt the tax rate if the proposed rate is 3% above the effective rate. On August 28th it is also appropriate Council schedule a public hearing for the budget and for the tax rate. The last dates could be moved to September 24th if absolutely necessary. Mr. is a 38.19 equal Sweatt went on to say included in the proposed budget letter of transmittal with a recommended tax rate of cents per $lOO value. One cent in the tax rate is to approximately $36,757 in ad valorem tax revenue. Mr. Potempa asked what the current tax rate is and Mr. Sweatt answered 40.72 cents per $lOOO value. Mr. Sweatt reviewed the highlights and said each of the funds are designed to stand on their own. Of the major funds, a new fund this year is the hotel/motel tax. They've begun a slightly different arrangement for Fleet Services this year. They are charging a set amount for labor to each department based on their previous years experiences. There is a plug-in amount to each of those departments for their share of the labor cost only. -378- The revenue fUI.~s were discussed with Mr. 3weatt pointing out those that had a significant increase, such as the permits and the plan check fees. Mr. Swinney asked how accurate the City had been in the past in assessing Sales Tax revenue. Mr. Sweatt replied they had been consistently under anywhere from 7% to 9%. Their estimate has been somewhat conservative. Mr. Sweatt's recommendation was to remain conservative, but Mr. Sawyer felt they should go about lO% higher. Mayor Baldwin mentioned getting budget sales tax figures versus actual sales tax figures for the last five years to get some idea of how it has been running. Mr. Potempa said last year he had asked about dispatch services for the Cibolo Police Department and the School District and Mr. Sweatt told him he would reassess it and check it out. Mr. Sweatt indicated they are analyzing it even though they used last year's figures. He, has asked Chief Smith to look into it to see if there's a better way of proportioning the City's cost. Mr. Swinney asked if the revenue from garage sales is expected to go up considering the increase in population. Mr. Sweatt stated they have not seen a significant increase from garage sale permits. Mr. Sweatt related that under Truancy Court now, the Magistrate/ Associate Judge is hearing truancy cases on charges from the school district. Under the new Juvenile Code, there is a requirement that an attorney be present even if the juvenile chooses not to have an attorney. There must be an attorney present to hear their plea that they don't want an attorney. They have estimated a cost of $3000 to hire an attorney to be present during truancy cases. The law provides that the truancy charges can be accompanied by a fee. They propose to have those truancy cases subjected to a fee that will raise the $3000 to pay for the attorney. Mayor Baldwin asked if it's an operational fee or an optional fee and Mr. Sweatt answered it's an optional fee. Mr. Sweatt then called Council's attention to an item he believes deserve some attention and thought. They are expecting the receipt of $24,000 for sale of recyclable items in fiscal year 1996/97 and account #48999 is a recycling reserve. They plan to transfer into the general fund or retain as earned income an additional $48,000 of recycling receipts which will already have been received by the end of the 1995/96 fiscal year. There will be a total of $72,000 available for recycling expenditures. Mayor Baldwin asked Mr. Sweatt to explain the item called loan proceeds from police vehicles. Mr. Sweatt related they expect to ask Council to finance a portion of the cost of acquiring four additional police vehicles. Mr. McDonald asked what they're vehicles. Are they trading them in? doing Mr. with Sweatt the old replied -379- they plan to keep one in the police reserve service and if another has any life at all, it will be transferred to SAFES for a supervisor to use, and the other two will be disposed of at public sale. #14 ADJOURNMENT: On a motion by Mr. Potempa, seconded by Mr. Sawyer and unanimously approved, the meeting was adjourned at 10:00 p.m. r ATTEST: ~./l/-r~ City Secretary, City of Schertz -380-