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05-14-03 ) MINUTES \, . SPECIAL WORKSHOP SESSION 5-14-03 The Schertz City Council convened in Special Workshop Session on Wednesday, May 14, 2003 at 7:00 p.m. in the Municipal Complex Conference Room, 1400 Schertz Parkway, Schertz, Texas. Those present were Mayor Hal Baldwin, presiding; Councilmembers Steve Simonson, Tony Wilenchik and Ken Greenwald. Absent: Councilmembers Carl Douglas and Reginna Agee. Staff present were City Manager Mark Marquez and City Secretary Norma Althouse. #1 Introduction of and comments by Commissioner Tommy Adkisson. Commissioner Adkisson thanked the Council for inviting him and mentioned Schertz has multi-county representation. He distributed a Precinct 4 Report for Council to review. Among the major Committees he is involved with are Alamo Area Council of Governments, Bexar County Health Facilities Development Corporation, Bexar County Housing Finance Corporation, Bexar County Watersheds Committee, Metropolitan Planning Organization, Governmental Review Board of VIA, Alamo Workforce Development Board and Austin/San Antonio Commuter Rail District. Commissioner Adkisson stated his top priorities are the Health System and the Justice ) System. Bexar County has 950 kids, at any given time, running the streets. He also noted the following: . . Toyota mentions the workforce training as a major reason for coming to San Antonio; . San Antonio has a health record data base whereby you can swipe a finger over a machine and bring up medical history; and . The government is planning on sending cities 40 million to 60 million dollars worth of non-funded mandates. Mayor Baldwin asked if the bill passed that would get money to counties that take a lot of indigent people. Commissioner Adkisson replied he doesn't think that bill is going anywhere. City Manager, Mark Marquez, informed Commissioner Adkisson the City of Schertz is considering annexing the Rittiman Addition and some parts of Schaefer Road, but Bexar County still needs to do some buyouts. Commissioner Adkisson indicated he thought most of the buyouts had been accomplished. Gabe Perez takes care of the buyouts, so the City should call his office for updated information. } ( 222 /) \, Mr. Simonson, referring to the Watersheds Committee, related that all the growth up north affects the City of Schertz, largely in part because of the Cibolo Creek. Is the Committee looking at any means of slowing the water down? Commissioner Adkisson once again mentioned Gabe Perez and said he could send him out to meet with representatives of the City of Schertz. Mayor Baldwin mentioned that Boerne gives the City the most problems and thought it was a good idea to meet with Mr. Perez. Among other items listed on the Precinct 4 Report were Energy Initiatives, Economic Development, and various miscellaneous information. At this time Commissioner Adkisson's presentation was concluded and the Mayor and Council thanked him for coming. #2 HEARING OF RESIDENTS Robert Brockman of 4505 Grand Forrest had the following comments: . Noted the car is still at 608 Main Street. Police Chief Cantrell indicated it is not against the Code, so they can't do anything about it. Mr. Brockman suggested they look at the State law and Chief Cantrell said it would require a storage ordinance. Mr. Simonson added they had looked into it, but if the car is in the yard and is registered and starts, you can't do anything about it. :,~) Mentioned some of the City facilities have doors that don't close properly. Chief . Cantrell informed him they need to be adjusted in both the winter and the summer and they usually have the Village Locksmith take a lo~k at them. . Referred to the gates for the Fire Department and Police Department, and asked why the entryway is being blocked. Chief Cantrell answered for security purposes. Mr. Brockman then asked about surrounding communities and if they don't use them. Mayor Baldwin replied there is not a public reason to go through them. Chief Cantrell stressed that people don't need to go into those areas. Dudley Wait, EMS Director, mentioned people come to them for help and they need security. Mr. Simonson pointed out the back area is where the City secures equipment. Mayor Baldwin stressed they need to keep the area gated. At this time, with Council's permission, Mayor Baldwin moved to Item #8 on the agenda. #8 Discuss May 20, 2003 Public Hearing and first reading of Ordinance regarding the rezoning of 83.74 acres out of an 87 acre tract from Predevelopment (PD) to Residential (R-5) and extending a portion of the General Business (GB) at the frontage of m-35 N (Tanglewood Subdivision). The 87 acre tract is located on the west side of Eckhardt Road and intersects with m..35 N. Donald Griffin was present to represent the Tanglewood Subdivision. He had with him a chart of the proposed subdivision and explained to Council that he had corrected the 223 "\ problems pointed out to him by the Planning and Zoning Commission. The Planning and / Zoning Commission had turned him down. Mayor Baldwin asked Council if they were ready for the public hearing next week (May 20th) on this rezoning request. Council agreed they were ready for it to be included on next Tuesday night's agenda. Mayor Baldwin then moved back to Item #3 on the agenda. #3 Presentation by Sam Boldreck on short-term investment practices. Mr. Boldreck stated he is a founding member of The Trust Company. Short-term investment is his specialty. He manages about $200;000,000. If you look at interest rates, the yield is almost flat. He would have to look at all the City's funds. He knows he could provide a good service for the City and it wouldn't take a lot of time. Mr. Boldreck went on to say it's amazing how much you can squeeze out of a really crummy interest rate. He will leave some information about his company with Council. You can find it on the internet at trustco.com. The Trust Company is based in San Antonio. He thanked Council for inviting him. Mr. Marquez indicated they would bring this Idea along slowly until everyone is comfortable with it. #4 Discuss City of Schertz Investment Policy. Mr. Marquez pointed out that two changes were made. They removed the Israel bonds statement and changed all other statements to say the City Manager and his designee. It is required they review the Policy at least once each year. Some items need a closer look. City Attorney, Michael Spain, wants to see what the Legislature does as far as the Public Investment Act. Councilmember Wilenchik asked if the investment person must follow this policy pursuant to public law. Mr. Spain indicated the City could have a more conservative policy. Mr. Greenwald commented that Canyon Regional Water Authority (CRWA) was investing in overseas funds and was told to get out - it is against the law. Mr. Marquez emphasized the first rule is protection of the principal. Mr. Greenwald mentioned that on page 12, under Item VI, it lists the institutions or groups consistent with federal and state law and the current bank depository contract for investment. Council indicated they were ready for this item to be on next Tuesday night's agenda for review and approval. 224 /....." } #5 Presentation by Amy Madison and Gail Douglas of update on the Quality of Life Bond Issue. Slides were shown of various facilities such as natatoriums, libraries, convention centers and sports complexes. Mrs. Madison and Ms. Douglas had recently attended a conference up by Dallas dealing with these subjects. Mrs. Madison passed out the results of the sample ballots that were distributed at the latest public forum on the bond issue and said they were very encouraging. She would like to see Council make a few basic decisions and is recommending approval of a feasibility study by a third party with no political involvement. It would cost $20,000 and it could be produced in about six weeks. She and Ms. Douglas put together all the activities people desire, but not the space in which to hold them. They feel a third party would be best at making those types of decisions. Mr. Wilenchik asked where they would get the money for such a study. He doesn't see any possibility until early October. They need answers on how much things would cost. Mayor Baldwin stressed they need to make a decision tonight about when the election would be held. Mrs. Madison said so many factors are involved and that's why a feasibility study is so important. Mayor Baldwin asked if such a study would tell us how to spend the bond ) money. Mrs. Madison replied it tells the total square footage and then computes a cost. Mr. Spain added the study would tell if the population within a certain radius of Schertz would make the project worthwhile. Mayor Baldwin then asked at what point they could go to the public with answers after they get the feasibility study. Mr. Wilenchik mentioned they don't want to put the projects on a ballot and then have them not pass. Mayor Baldwin stated he is hearing from the majority of Council that September is too soon to hold the election. Mr. Simonson recommended no sooner than February as a target date for the election. Mr. Marquez admitted Council would have to tell him where to find the money for the feasibility study. Mayor Baldwin then asked if Council wants to go with a bond or bonding authority. Mr. Wilenchik answered he prefers bonding authority. Mr. Marquez also preferred bonding authority. Mr. Spain pointed out that with bonding authority you walk a fine line. It may be very specific and may not have the flexibility to change. He suggested Council talk with Mark McLiney about this. Mr. Wilenchik stated that Mr. McLiney was the one who recommended bonding authority. Mayor Baldwin asked if they could do this all in one issue. Mrs. Madison replied that question could be answered after the feasibility study is completed. 225 ~) Mr. Marquez mentioned he had spoken with Councilmember Agee and she feels it's all or nothing this time. There was a brief discussion about voter turnout. Mrs. Madison stressed the quality of life is a need issue. Mr. Simonson emphasized the need to get people informed. The consensus of Council was to go forward with the feasibility study and to leave it up to the City Manager as to where to find the money to fund it. #6 Discuss May 20, 2003 Public Hearing regarding expenditure of Economic Development Corporation (4-B Board) funds relating to a project. (Emergency Services Parking Lot Expansion) Mr. Spain inquired if it is a joint public hearing with both Council and the 4-B Board and was told it is not. They wanted separate public hearings. Council indicated they were prepared for this item to be included on next Tuesday night's agenda. #7 Discuss May 20, 2003 Public Hearing and first reading of Ordinance establishing Drainage Utility Rates. Mr. Marquez advised there have been no changes to the drainage utility rates since the last time they were discussed by Council. Council agreed they were ready for this item to ) be included on next Tuesday night's agenda. #8 (already discussed) #9 Discussion and possible action on awarding bids for ambulances. Mr. Marquez asked Dudley Wait, EMS Director, to present this item. Mr. Wait explained they are recommending the bid be awarded to San Antonio Ambulance Services in the amount of$129,457 each for two ambulances (total of$258,914). Mayor Baldwin asked if Wheeled Coach also bid on these same ambulances. Mr. Wait replied yes and they came down on their price, but EMS had changed the specifications. Mayor Baldwin expressed some concern about that not being fair after Wheeled Coach had shown their hand. The first time around, Wheeled Coach was awarded the bid, but the price was over budget. Mr. Wait commented no one threw anything in the first time that EMS didn't ask for. Mayor Baldwin asked if all three bidders met the specifications and Mr. Wait replied they did. Jack Huber of San Antonio Ambulance Services stated if he were ever in Mr. Wait's position, he would always turn down the first bid. Pencils get sharper the second time around. The other competitors had the same opportunity to cut their prices. 226 (y Mr. Greenwald 1l10ved to approve the bid from San Antonio Ambulance Services in the amount of $129,457 each for two ambulances, for a total of $258,914. Mr. Wilenchik seconded the motion, which carried with the following votes: AYES: Councilmembers Simonson, Wilenchik and Greenwald. NAYS: None. #10 Discussion and possible action regarding balance of mid-year budget adjustments for those funds that require adjustment. Mr. Marquez commented that originally Water and EMS were both included in the budget adjustments, but he found some things in Water he didn't like, so he took them out. EMS, however, is still included. The EMS budget reflects revenues from several areas, including the 2003 CO's recently passed and the corresponding expenditures. Mr. Marquez went on to say the training courses are turning into a moneymaker. Mr. Wait has taken full advantage of the situation. The mid-year budget adjustments also reflect a change in the pay for the EMS Director. Mr. Simonson moved to approve the mid-year budget adjustments for the EMS Department. Mr. Wilenchik seconded the motion, which carried with the following ) votes: , '--~/ AYES: Councilmembers Simonson, Wilenchik and Greenwald. NAYS: None. #11 RE-APPROPRIATION OF FUNDS: Consider and take action on re- appropriation of funds for Records Management, Police Vehicles and Fiber Optics. Mr. Marquez had included, in Council's packet, a memorandum explaining that the invoices for Records Management and the Police Vehicles were received after the close of the fiscal year. The items are to be paid from current fiscal year funds, but have not been budgeted. As a result, those funds must be re-appropriated to keep the current year budget in balance. A similar situation occurred in the Water Fund for the installation of fiber optic cable to the Public Works Department. Mr. Greenwald moved to approve the re-appropriation of $15,000 for Records Management, $57,519 for Police Vehicles and $57,000 for Fiber optics. Mr. Simonson seconded the motion, which carried with the following votes: AYES: Councilmembers Simonson, Wilenchik and Greenwald. NAYS: None. 227 ) #12 Discuss final reading of Ordinance authorizing a tax abatement for TADCOrrri-Connty n Ltd. Mr. Marquez stated there have been no changes since the first reading of the Ordinance. Council was prepared for this item to be included on next Tuesday night's agenda. #13 Discuss first reading of revised Solicitor's Ordinance and repeal of previous Ordinance. Mr. Marquez mentioned there have been two revisions. The first is under Sec. 13.4- Exclusions from Applicability, of this Chapter, Item (e) which reads persons engaged in the distribution of handbills or flyers for services, commercial goods, wares, merchandise, subscriptions, or publications to be delivered at some future date, who do not engage in face-to-face contact with prospective customers or clients. The second is under Sec. 13.11 .... Underage Solicitors which reads that no person under the age of sixteen (16) may solicit in the City unless accompanied by a person who is eighteen (18) years ofa.ge or older. Coucil indicated their readiness for this item to be included on next Tuesday night's agenda. ) #14 Discuss recycling. Mr. Marquez advised recycling was passed by election and the City put it in place. Lately there have been rumblings about whether it is still worthwhile. Revenues are not covering the costs. He's not sure the participation is worth it. The fee was $1.25 for almost 10 years (dictated by Henry Gutierrez) and it would probably be higher today. Curbside recycling is not feasible. Mr. Spain related that New Braunfels charges for extra trash. There is no limit on recyclable material. Mayor Baldwin admitted he can see the purpose for recycling. No one wants to have a landfill near them. Mr. Marquez thought maybe the City should do more advertising. Mayor Baldwin thought maybe the City should look at a recycling center. Mr. Marquez asked what we would charge residents and Mayor Baldwin suggested Mr. Gutierrez could make it part of the trash rate. Mr. Marquez indicated the separation of recyclables is not a huge issue any more. Mr. Simonson suggested that in the meantime, they do some advertising. 228 /--..., ) ( \ #15 Discuss NorthclitTe light poles. Mayor Baldwin inquired if the City now has an agreement-with New Braunfels Utilities and was told by Mr. Marquez they do not. Mr. Marquez then commented it would take $18,724 to fix the lights on Country Club Boulevard. The lights from the entrance to the Country Club were put in by the MUD. Mr. Wilenchik recommended taking the money out of the fund balance and fixing the lights. We owe it to the citizens. The consensus of Council was to go along with Mr. Wilenchik's recommendation. Mr. Greenwald observed that it appears that New Braunfels Utilities wants to dictate policy. #16 Items by City Manager General Announcements . Reported the Emergency Services Departments are looking for an emergency service safe house. He has commissioned all three services to come up with $14,000. . Noted that as far as the ordinance review, there are some old ordinances on the -- ) books, but this agenda was too long to include that discussion. The same thing applies to the Public Works Update. It will be scheduled for a future workshop. . Stated he has received a request for a street name change. The request is to change Wuest to Gerber. Mayor Baldwin suggested that item be placed on a future agenda. . Reminded Council the evaluation for Judge Padgett is due June 3, 2003. He would like to also include the evaluation for the City Secretary at that time. Mr. Wilenchik asked if they are going to discuss the issue about a Court of Record. Mayor Baldwin said that needs to be put on an open agenda. Council asked that discussion about the Court of Record be placed on the next workshop agenda. Mr. Marquez commented that raises the issue of the separation of Court and Administration. Mayor Baldwin then mentioned they are reviewing the Teen Court applications tomorrow afternoon. They need to get hold of Carl Douglas because Ken Greenwald can't be there. . Remarked they got the FEMA bids in for the big ditch. They came in at 2.7 million dollars. . Advised their current auditor has declined to do the audit and bids for a new auditor are not required. He has Fred Timmons in mind if Council has no objections. If the numbers aren't right, they may have to go through the RFQ process. 229 -~'\ ) #17 Items by City Council General Announcements Councilmember Douglas Liaison EDC (Mr. Douglas was absent.) Councilmember Simonson 4-B Board Liaison BVY A Had nothing to report at this time. He did mention they need briefing by Bexar County on annexation. Councilmember Agee 4-B Board Liaison Schertz Housing Authority Liaison Schertz Library Board (Mrs. Agee was absent.) ) Councilmember Wilenchik 4-B Board Liaison Schertz Humane Society Liaison HOA Coalition Questioned the status of the Felix Leon sign on Elbel Road and the Arroyo Verde sign at the corner of Live Oak Road and FM 3009. Mr. Marquez said they need a Signboard to get rid of Felix Leon's sign. Work on the Arroyo Verde sign is in progress. Mentioned they were told at the last meeting they would have a bound copy of the mid-year budget adjustments. Mr. Marquez said they are working on that. Announced he would not be at the Council meeting next week. Councilmember Greenwald 4-B Board Ex-officio P&Z Commission Ex-officio S/SLGC Noted he had given copies to everyone of Planning and Zoning minutes. They are trying to catch up. Also stated he had supplied everyone with copies of the Schertz/Seguin Local 230 \ Government Corporation agenda for tomorrow. He will be unable to make the meeting because he will be out of town on a work-related issue. #18 Items by Mayor General Announcements Read a thank you note from the family ofE.J. Ray for flowers (Mr. Ray was Amy Madison's grandfather who passed away). Mentioned receiving a letter from Taco Cabana strongly opposing the Pill. At this time Council took a short break. #19 EXECUTIVE SESSION: Called under Chapter 551 of the Texas Government Code, Sub-Section 551.972, deliberation regarding real property. An Executive Session was held from 9:46 p.m. until 10:02 p.m. #20 Action, if any, on above Executive Session. No action was required. #21 ADJOURNMENT Before adjournment, Mayor Baldwin reminded Council there are evaluation forms for the City Manager in their packets and to make sure they fill them out. They will be doing his evaluation on July 1, 2003. There being no further business to discuss, Ma~ Or Baldwin adjourned the meeting at !0:04 p.m. ATTEST: Y/I-i<1~ (j~~/ ( City Secretary, City of Schertz, Texas 231