ccwks 09-12-06
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MINUTES
CITY COUNCIL
WORKSHOP SESSION
September 12, 2006
The City of Schertz Council convened in Workshop Session on Tuesday September
12,2006 at 7:00 p.m. in the Council Chamber Workshop, 1400 Schertz Parkway
Building # 4 Schertz, Texas. The Following Members were present: Mayor Hal
Baldwin presiding, Council Members Jim Fowler, David L. Scagliolia, Reginna
Agee, Tony Wilenchik, Absent Mayor Pro Tern Michael Carpenter. Also present
were City Manager Don Taylor, Assistant City Manager John Bierschwale and
Judy Tokar City Secretary.
#1 CALL TO ORDER.
Mayor Baldwin called the meeting and the public hearing to order at 7:00 p.m.
#2 QUARTERLY REPORT AND PRESENTATION BY SCUCISD BOARD
MEMBERS.
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Mr. Gary Inmon and Mr. Terry Hinze, members of the SCUCISD Board of Trustees,
presented the quarterly report on the school districts progress. Mr. Inmon stated that City
Council has not had enough interaction with the school board in the past, and he would
like to start updating the Council quarterly. Mr. Inmon gave an update on the city's
growth, which showed from 1997 to present there has been a 33% increase in student
population. Unfortunately, a small problem has occurred in the students' academic
performance. Reports of the district ratings according to the TAKS show the following;
five of the six elementary schools were rated as recognized. Both of the intermediate
schools are recognized campuses as well as Samuel Clemens High School. As for newer
schools like Byron P. Steele High School, scores were so low the school is qualified as
unacceptable according to T AKS standards.
According to the Bond Proposition #2, an estimated $51,581,700.00 will be used for
renovation and building costs for schools in the district. Due to the cap placed by the
legislature, $1.3 7 can be the expected tax rate for next year.
Fearing that the older and less developed parts of town may be left behind in the
development; Mayor Baldwin asked if the school district would consider placing a new
school in the older parts of our city.
Mr. Terry Hinze answered that this will be taken into consideration.
Council Member Wilenchik asked was the increase of currently enrolled students due to
population growth in Schertz and Cibolo. Mr. Inmon responded that these figures were
not projected amounts for population growth within the city. The numbers were based on
. a formula to determine projected figures.
Workshop 9-12-06
#3 HEARING OF RESIDENTS:
Ken Greenwald. 205 Westchester Dr.- attended the Buffalo Valley Youth Association
meetings and brought a copy of the July and August minutes along with the check
register. He reported that the concession stand construction was ready; they were waiting
for a release from the contractor.
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David Richmond. 2921 Bent Tree Drive - speaking as a concerned resident, two months
ago praised the resurfacing of FM 3009, but commented on the poor job done by
contractor on the clean up. Unfortunately, the problem has not been resolved to date.
Robert Brockman. 1001 Elbel Road - asked about the higher tax rates in Converse and
Kirby. He commended Debbie Gildea for doing a wonderful job producing the Schertz
Tales on time. Mr. Brockman informed the staff of the following repair items - City
Public Service pole along Schertz Parkway had been knocked down, and the welcome
sign on IH35 access road light was burned out.
Mike Mitchell. 333 Frank Baum- wanted to know the outcome of the discussion on
gunfire and hunting within the city limits of Schertz.
Christine Nickerson. 349 Frank Baum- wanted to express gratitude to the Police Chief
for responding to her question personally. After careful investigation, it was found the
property was not in Schertz but in Universal City. It was discovered that hunters gained
access to this land by a large gate with a broken lock. She suggested placing warning
signs at various locations.
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#13 ORDINANCE: Discussion of discharging of firearms in the city limits.
Assistant City Manager, John Bierschwale gave a brief explanation of the problem
concerning firearms. He informed the city that hunting will be prohibited anywhere
between FM 78 and IH 35.
Council Member Wilenchik expressed concerns about the constant changing of the map
due to subdivision development.
Mr. Bierschwale replied that this map would simply act as a guideline for the police
department to enforce the zoning laws, so it would not be necessary to edit the map
repeatedly.
Mayor Baldwin stated that it would not be fair to farmers if they were not allowed to fire
at certain animals to protect their livestock. This would need to be taken into
consideration if hunting was banned.
Chief Starr informed Council that state law allows for hunting. He also stated that the
original ordinance could work if responsible hunters cooperate.
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Workshop Session 9-12-06
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Mr. Bierschwale noted that one resident in particular depends on hunting to pay her
property taxes; so banning hunting would not benefit her or others in her situation.
After a lengthy discussion Council made the following decisions; modify the maps for a
definition of hunting zones, amend the ordinance and restrict hunting within 900 feet of
structure, welcome any thoughts on the topic from the residents at next Tuesday's
meeting.
# 4 ORDINANCE: Discussion on fmal reading of an ordinance providing that the
Code of Ordinances of the City of Schertz, Texas be amended by revising Section
18-75, Maximum Limits in School Zones (Green Valley Road).
No action was taken
#5 ORDINANCE: Discussion on fIrst reading of an ordinance providing that the
Code of Ordinances of the City of Schertz be amended by revising Section 86-42, All
Way Stops. (Brook Hollow Drive & Rolling Brook Lane)
A recommendation was made by the TSAC to place a stop sign at the intersection of
Brook Hollow Drive and Rolling Brook Lane instead of installing more speed bumps in
this area.
Council Member Fowler asked how would this affect the flow of traffic.
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After a brief discussion, Council decided to move this item to Tuesday night's meeting
for further discussion.
#6 ORDINANCE: Discussion on a first reading of an ordinance establishing a
photographic traffic enforcing system (Red Light Camera System) and providing
for: preamble, purpose, applicability, and fmdings; defmitions, offense for a moving
motor vehicle to proceed into an intersection when the traffic control signal is
emitting a steady red signal; administering the system through the police
department; establishing certain affirmative defenses; penalties including a civil
penalty not to exceed $200.00 and a late fee for $25.00; providing a nonjudicial
administrative hearing process to contest a violation; appeal to municipal court;
severability; repeal of conflicting ordinances; effective date and proper notice and
meeting.
Mr. Bierschwale stated that he noticed that Balcones Heights had approved the Red Light
System in their city. This device will be very beneficial to our community because
several residents run the traffic signal located on First Street and FM 78 daily.
Council Member Scagliola shared that he thought this is a great idea; his only problem
with the idea is that by implementing this camera system rear end collisions may
mcrease.
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Workshop Session 9-12-06
Mr. Spain made the suggestion to add the system to the traffic code. He mentioned the
agreement with American Traffic Solutions, and said his only concern was that it called
for a five-year contract with the city.
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#7 ORDINANCE: Discussion on a fIrst reading of an ordinance repealing
Chapter 18, Article I., Section 18-7, Section 18-8 of the Code of Ordinance relating
to permit for funeral processions and parades, within the City of Schertz, and
replacing with a new chapter 18. Traffic Article I. Section 18-7 "Parades; providing
a penalty clause; providing injunctive relief; providing an indenmity clause; and
providing an effective date.
Mr. Bierschwale informed the Council of a picketing incident in front of a business by
dissatisfied customers on the sidewalk. The business asked for protection from this type
of harassment.
Mr. Spain said that three people walking on a sidewalk constituted a parade, for which
the picketers must have a permit. He stated that from a constitutional stand point the
concern is freedom of assembly and freedom of speech, and we must tread carefully
when trying to prohibit this action.
Chief Starr expressed some concerns toward the matter, but stated there has been no
problem in the past.
After a brief discussion, Council made the decision to delay discussion of this item until a
problem arises.
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#8 Discussion on advisory committee members of the Schertz Seguin Local
Government Corporation.
In Mr. Cockrell's absence, Mr. Bierschwale advised that the Schertz Seguin Local
Government Corporation created an Impact Advisory Board. The members are to be
chosen from both Schertz and Seguin. These individuals are necessary to make
recommendations to the advisory board. The names of participants are as follows; David
Richmond, Ken Greenwald and Harry Richburg.
#9 Discussion on current Tax Phase-In process including the establishment of
reinvestment zones and or enterprise zones, and other types of Economic
Development tools, Presenter Amy Madison
Executive Director of Economic Development Amy Madison presented and explained the
Chapter 380 Program as a way to deal with incentives for new businesses. The Chapter
380 is a program, policy or activity that improves the well-being and quality oflife for a
City. The program is created to retain jobs and provide a stable tax base. Some of the
incentives provided under this program include hiring, training, and relocation within the
workforce, along with tax related phase-ins, Tax Increment Financing (TIF) and tax
credits. It includes reduced utility rates, reduced taxes, financing and lower site costs.
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Workshop Session 9-12-06
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#10 Discussion on distribution of funds from dissolved Schertz Development
Foundation (SDF). Presenter: Amy Madison
Ms. Madison stated that she would like to have the funds $106,082.00; remaining from
the dissolved Schertz Development Foundation to be transferred to the Schertz Economic
Development Corporation to be used for the economic development incentive purposes.
Council Member Scagliola suggested that some the funds should be incorporated into the
community by transferring them to the Schertz Chamber of Commerce.
Mr. Spain made the statement that the money belongs to the City of Schertz, so the City
should decide how it is spent.
#11 Discussion on applicants for Board of Adjustment to fill vacancies.
Mr. Truitt said the BOA recommended the re appointments of Joe Potempa and Norman
Slocum and James Harden, Jr. They would like to recommend Leonard Weinand, Jr. in
Position #1.
Mayor Baldwin asked that when reviewing the applications look at their experience and
the area of town they reside.
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#12
Discussion on the appointments to the Schertz Youth Commission.
Ms. Pennington, co-sponsor of the commission reported the Schertz Youth Commission
had recently selected eleven members, but the ordinance calls for thirteen. Michael Slater
and John Rippetoe were the two names given as potential members to fill the vacant
positions.
#14 Discussion on adjusting the alarm system fees.
Mr. Bierschwale made a recommendation to increase the false burglary alarm fee.
After the twentieth false alarm, there will be a consequence of revocation of the alarm
permit for a period of 90 days. Further action will be taken if this continues to occur past
twenty false alarms.
#15 Discussion on nominees for the TMLRP Board of Trustees Election.
Mr. Don Taylor, City Manager and Mr. John Bierschwale, Assistant City Manager will
select the individuals for the TMLRP Board of Trustees.
Mayor Baldwin called for a break prior to the Executive Session which was called at 9:55
p.m.
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Workshop Session 9-12-06
#16 EXECUTIVE SESSION: Called under Chapter 551 of the Texas Government
Code, Sub- Section 551.087 - Deliberation regarding Economic Development
Negotiations.
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The executive session came to close at 10:40 p.m.
#17 Action if Necessary on the above Executive Session.
No action was taken.
#18 Items by City Manager Taylor and Staff
No report.
#19 Items by Council
Council Member Agee- No Comment
Council Member Fowler-
. Commented on the reported projected growth in number of students in the City of
Schertz and asked could we check our figures with other schools ofthe SCUCISD
to ensure the percentages are all the same.
. Reported a meeting with the City of Cibolo about a regional park
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Council Member Scagliola-
. Mentioned that during the attendance of a TSAC meeting the residents of the
Wynn Brook Subdivision inquired about stop sign as opposed to speed bumps to
reduce the speeding problem.
Council Member Wilenchik - No Comment
Mayor Pro Tern Carpenter- Absent
#20 Items by Mayor
Mayor Baldwin said it was getting late and no comment.
#21 ADJOURNMENT
Meeting was adjourned at 10:53 p.m.
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Workshop Session 9-12-06
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ATTEST:
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, City Secretary
Workshop Session 9-12-06
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MINUTES
CITY COUNCIL
WORKSHOP SESSION
September 12, 2006
The City of Schertz Council convened in Workshop Session on Tuesday September
12, 2006 at 7:00 p.m. in the Council Chambers, 1400 Schertz Parkway Building # 4
Schertz, Texas. The Following Members were present: Mayor Hal Baldwin
presiding, Council Members Jim Fowler, David L. Scagliolia, Reginna Agee, Tony
Wilenchik, Absent Mayor Pro Tem Michael Carpenter. Also present were City
Manager Don Taylor, Assistant City Manager John Bierschwale and Judy Tokar
City Secretary.
#1 CALL TO ORDER.
Mayor Baldwin called the meeting to order and opened the public hearing at 7:00 p.m.
#2 PUBLIC HEARING- To receive citizen comments on proposed ad valorem tax
rate.
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John Bierschwale, Assistant City Manager explained the tax proposal. He stated that the
published tax was $0.4517 per $100.00, after brief discussion with City Council; the new
proposed rate is $0.4317 per $100.00.
Robert Brockman. 1001 Elbel Rd.- asked are we only cutting taxes to get in the paper,
and is animal control cutting back too much? He stated that if we cut back too much, we
could actually find ourselves reducing services.
Mayor Baldwin responded that there is no crematorium or refrigerator in the budget for
the animal shelter. He also said that whether we are cutting ourselves short, Council
determined that. He stated that an excellent job was done on this budget. Some of the
capital items that were not needed now would be considered at mid-year. It is proposed to
increase employee salaries by 2% and 4% merit raises. The TMRS retirement
contribution is being increased to 6%.
Public Hearing closed at 7:07 p.m.
#3 ADJOURNMENT
Meeting was adjourned at 7:08 p.m. followed by a workshop.
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Hal Baldwin, Mayor
Public Hearing 9-12-06