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