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ccreg 11-06-01 \ Schertz City Council-Regular Sessiou Tuesday, November 6, 2001 The Schertz City Council convened in Regular Session on Tuesday, November 6,2001 at 7:00pm in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Schertz, Texas. Those present were as follows: Mayor Hal Baldwin, presiding; Councilmembers Reginna Agee, Norma Head, Ken Greenwald, Tim Swinney, and Billy Pitts. Staff present: City Manager Dewey P. Cashwell Jr. and City Secretary Norma Althouse. Mayor Baldwin called the meeting to order at 7:00pm and then asked everyone to rise and join him in the Pledge of Allegiance. Mayor Baldwin introduced the County Commissioner Jim Wolverton. #1 Hearing of Residents: Joyce Briscoe talked about the ordinance to prohibit smoking in selected areas. She briefly talked about the following issues that smoking has: health, personal rites (smokers versus non-smokers), economics, and enforcement Lou Poliani felt this prohibit smoking is not a matter of rights issue, but rather a matter of the common good for society and courtesy to non-smokers. He stated it is a persons right to smoke, but that doesn't give that person the right to jeopardized the health of another person so they can light up a cigarette or pipe. He would like to see this ordinance passed in order to protect public health. Larry White (VFW Post 8315) stated the bingo hall is a smoking area and he would like to make it non-smoking, but needs the help of City Council to do so. Mayor Baldwin asked if the City makes it non-smoking, would that just be during bingo, or would that also affect Christmas parties and other events that are held there. Mr. White thought it should be mainly the bingo. Robert Brockman stated he went into the City maintenance office and there was a lot of cigarette smoke in there. He commented that he did not expect that from a City office. Mr. Brockman also asked if the City of Schertz has a curfew. Mr. Simonson noted during the week the curfew is II :OOpm and on the weekends it is I :OOam. He next talked about off road vehicles (gators) that are City owned. He noted he has seen them being operated on the streets and they are not licensed to be on the streets. Lastly, Mr. Brockman commented about the funeral for Chief Woodward and asked if the City has a policy for going to funerals. It was noted if there is a funeral, the employees are allowed to take time off to go to the funeral and then return to work. ( Mayor Baldwin asked that the three people who signed up to speak on the annexation wait until the public hearing. They agreed to do so. Z9 #2 Approval of Minutes: Regular Session Special Workshop Session Special Workshop Session Regular Session Special Workshop Session Regular Session Special Workshop Session Regular Session Special Workshop Session Regular Session Special Workshop Session Regular Session Strategic Planning Session Special Workshop Session Regular Session Special Workshop Session Regular Session Special Workshop Session Special Workshop Session Regular Session Special Workshop Session Regular Session Special Workshop Session 4-3-01 4-11-01 4-25-01 5-01-01 5-09-01 5-15-01 6-13-01 6-19-01 6-27-01 7-03-01 7-11-01 7-17-01 7-28-01 8-01-01 8-07-01 8-15-01 8-21-01 8-22-01 8-29-01 9-04-01 9-12-01 9-18-01 9-26-01 Without further discussion, Mr. Greenwald moved to approve the minutes listed above as presented. Mrs. Head seconded the motion, which carried with the following votes: A YES: Councilmembers Head, Agee, Greenwald, Swinney, and Pitts. NAYS: None #3 Public Hearing: To receive citizen comments on proposed annexation of GUADCO No. I (Northcliffe Subdivision) and GUADCO No.2 (Scenic Hills Subdivision). Mayor Baldwin noted the public hearing would be held in two parts. MUD no. 1 will be held at this time and MUD No.2 will be held at 8:00pm Mr. Cashwell explained the procedures for the public hearing and noted the check off points have been achieved throughout the course of events. There has been an agreement with the City of Cibolo and the ordinances have written to make the adjustments for the ETJ's. Franchise agreements have been delivered to New Braunfels Utilities regarding franchises and utilities to be offered in the area of annexation and all other items regarding this matter have been addressed and taken care of at this time. Bill Woechner (President of MUD No. I) Listed the following questions and asked there be a staffliaison to help in these matter: 30 . who is going to pick up the district records . need a vendor mailing address for the City of Schertz . will need a five day notice prior to the annexation date for the purpose of transferring the tax accounts · not sure if the insurance's should be cancelled or transferred to the City of Schertz · MUD is holding a $75.00 meter fee which will be transferred to the City of Schertz and the citizens would like to know if they are going to get the money back. Mayor Baldwin asked Mr. Woechner to give this list of things to Mr. Cashwell so he can get in touch with the proper persons to take care of these items. Mr. Spain stated he has received a stack of documents and contracts and will put this list together with the others and make sure it is all taken care of. Mayor Baldwin questioned the fiscal year for MUD and was informed it is April I st. Max Newsom (President of the Scenic Hills Community Association) noted they are in favor of the annexation. He commented that when Mr. Cashwell came out to their community in September there was an outstandingly successful meeting as a result. Mr. Cashwell had answered all of the questions and addressed all of the concerns that may have come up. Mr. Newsom reported the citizens of the community are going to be voting (November l5th)on whether or not they want to remain a gated community. He stated if they do remain a gated community, they would like to have police patrol within the community. Mayor Baldwin asked if they have a street assessment fee. Mr. Newsom stated it comes out of the funding for the community. Paul Towry asked the following questions: · Will they be placed on the same tax bates as the rest of the City. It was answered yes. · There is a fence around part of the community and would like to know if they would be allowed to grandfather the other end that is not fenced. It was answered yes. · Asked if the area code would change from the current 830 area code to a 210 area code. It was noted they would probably stay with two area codes. · Will the postal system remain with Cibolo, or will it go through Schertz. It was stated it would probably remain the same. Mr. Simonson commented on the area code question. He stated the northwest side of IH- 35 is the split of the 210 and the 830 area codes. The quick stop on 1103 is 210 area code and the other side of the street is 830. Amy Madison stated a letter will be going out to all of the residents of MUD 1 and 2. The letter would include information about the service plan and the, savings that will happen once the annexation has occurred. She also noted there is going to be an election 31 to decide which waste service the residents are going to want to use. They should be receiving the letters within the next couple of days. A citizen questioned the required age ofthe residents that live in Scenic Hills Subdivision and the current population. Mr. Newsom stated the age is 55 years old or older. Mrs. Madison estimated approximately 2100 residents in that area and another 700 homes that are planned for development within the next two to three years. There being no further business to discuss, Mayor Baldwin closed the public hearing of MUD No.1. #4 Ordinance: Consider and take action on final reading of ordinance accepting Cibolo's ETJ. Mayor Baldwin introduced an Ordinance and read the caption as follows: ORDINANCE NO. AN ORDINANCE ACCEPTING THE CITY OF CIBOLO'S EXTRATERRITORIAL JURISDICTION IN GUADCO MUNICIPAL UTILITY DISTRICT NO.1 AND GUADCO MUNICIPAL UTILITY DISTRICT NO.2 AND RELEASING TO THE CITY OF CIBOLO CERTAIN DEFINED LAND IN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF SCHERTZ. It was noted the release of Cibolo's ETJ would be the same time as the release of Schertz's ETJ. Without further discussion, Mr. Greenwald moved to approve the final reading of the Ordinance accepting Cibolo's ETJ of GUADCO MUD 1 and 2 and releasing to Cibolo certain defined land into the ETJ of the City ofCibolo. Mrs. Head seconded the motion, which carried with the votes: AYES: Councilmembers Head, Agee, Greenwald, Swinney, and Pitts. NAYS: None It was asked once the ordinance is signed, a copy be sent to the City of Cibolo. #5 Approve the appointment of Mary Ybarra as Deputy City Secretary: Without further discussion, Mrs. Head moved to approve the appointment of Mary Ybarra as Deputy City Secretary. Mr. Pitts seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Agee, Greenwald, Swinney, and Pitts. 32 . , NAYS: None #6 Interlocal Agreement: Consider and take action on the Fire Service Interlocal Agreement with the City of Cibolo: Mr. Cashwell reported this is a service agreement that was negotiated with the City of Cibolo. He explained this agreement memorializes services that the City of Schertz has been doing for quite some time and will now be receiving some compensation for. Mr. Cashwell expressed appreciation to Mr. Chuck BaJcar (Cibolo City Manager) for volunteering this agreement. This will be a one year agreement and any revisions (if necessary) would be made at that time. #7 Without further discussion, Mr. Greenwald moved to approve the Fire Service Interlocal Agreement with the City of Cibolo: Mrs. Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Agee, Greenwald, Swinney, and Pitts. NAYS: None #8 Interlocal Agreement: Consider and take action on the Public Library Service Interlocal Agreement with the City of Cibolo. Mr. Cashwell reviewed the agreement and the figures at this time. Without further discussion, Mr. Swinney moved to approve the Public Library Service Interlocal Agreement with the City of Cibolo. Mrs. Head seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Agee, Greenwald, Swinney, and Pitts. NAYS: None #9 Ordinance: Consider and take action on first reading to prohibit smoking in selected locations. Mayor Baldwin introduced an Ordinance and read the caption as follows: AN ORDINANCE AN ORDINANCE AMENDING CHAPTER 7 Y, OF THE CODE OF ORDINANCES REGARDING SMOKING IN PUBLIC PLACES. The question was brought up as to how the VFW plans on making only one room non- smoking. Mayor Baldwin felt it should be left up to the hierarchy of the VFW to make that decision. 33 Mr. Swinney felt the VFW should be addressed as an organization. He also felt it would hurt their membership and image in the community to make one room non-smoking. Mr. Spain stated it would be expensive, but could be done. Mr. Pitts commented this is a solid ordinance and does not need a lot of changes. He also felt the VFW should address the issue on their own, the City should not get involved. Mr. Swinney stated the City governs other issues for citizens (loud music, shooting fire arms in the City, how they drive their cars) for the good of the community and this would also be for the good of the community. Mr. Greenwald asked who is going to enforce the law. Mr. Spain noted the City officers would be doing the enforcement. He stated if signs are not placed in facilities or the facility allows someone to smoke, then the store or restaurant owners would be also cited. Mr. Swinney stated enforcement is the toughest part in the ordinance and what the City is trying to do is set a mindset for people. Without further discussion, Mr. Swinney moved to approve the first reading of the ordinance prohibiting smoking in selected locations. Mr. Pitts seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Agee, Swinney, and Pitts. NAYS: Councilmember Greenwald #9 Resolution: Consider and take action on resolution regarding eminent domain. Mayor Baldwin introduced a Resolution and read the caption as follows: RESOLUTION NO. 01-R-37 RESOLUTION AUTHORIZING CERTAIN ACTION INCLUDING PROCEEDINGS IN EMINENT DOMAIN IN CONNECTION WITH THE ACQUISITION OF CERTAIN WATERLINE AND TEMPORARY CONSTRUCTION EASEMENTS IN GONZALES AND GUADALUPE COUNTIES AND RELATED MATTERS. Without further discussion, Mr. Greenwald moved to approve the above stated resolution. Mr. Pitts seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Agee, Greenwald, Swinney, and Pitts, NAYS: None ~4 #10 Resolution: Consider and take action on a resolution casting votes to elect directors for the Guadalupe County appraisal district for the years 2002-2003. Mayor Baldwin introduced a Resolution and read the caption as follows: RESOLUTION NO. 01-R-36 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS CASTING VOTES TO ELECT DIRECTORS FOR THE GUADALUPE COUNTY APPRAISAL DISTRICT FOR HE YEARS 2002-2003. Without further discussion, Mr. Greenwald moved to cast all 216 votes to Sylvia Schlather for Guadalupe County Appraisal District. Mr. Swinney seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Agee, Greenwald, Swinney, and Pitts. NAYS: None Mayor Baldwin opened the public hearing for MUD No.2 at 8:00pm. Mrs. Betty Zantner asked if the City planned on taking over the bond debt. Mayor Baldwin answered yes. She also asked about the tax bills and stated the citizens thought they would not have to pay them until January. Mr. Spain explained once the annexation is complete (December 31, 2001), if the individuals taxes are paid, the City will succeed those dollars, if the individual's taxes are not paid, the City will succeed the right to receive those dollars. Mayor Baldwin stated effective January 1, 2002, the citizens of the MUD I and 2 would then start paying City (Schertz) taxes. Mr. Frank Judson (president of MUD 2) asked to have all information sent to him so that he can have committees signoff on all the legal documents. Mayor Baldwin agreed to have Mr. Cashwell send the papers. There being no further business to discuss, Mayor Baldwin closed the public hearing. Mr. Swinney thanked Council for prayers and support for Mr. Swinney's loss. Mayor Baldwin stated it was a wonderful tribute to Mr. Swinney's father. #11 Adjournment: There being no further business to discuss, Mayor Baldwin adjourned the meeting at 35 ATTEST: YJAM.......A~~/ ~;e~~, City of Schertz, Texas Mayor, City of Schertz 36