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ccreg 02-20-01 REGULAR SESSION OF THE SCHERTZ CITY COUNCIL FEBRUARY 20, 2001 The Schertz City Council convened in Regular Session on Tuesday, September 20, 2001 at 7:00 p.m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Schertz Texas. Those present were as follows: Mayor Hal Baldwin, presiding; Councilmembers Norma Head; Reginna Agee; Glyn D. Williams and Ken Greenwald. Absent: Councilmember Joe Potempa. Staff present were City Manager Dewey P Cashwell, Jr., Asst. City Manager Steve Simonson and City Secretary Norma Althouse. #1 SWEARING IN OF MAYOR PRO-TEM KEN GREENWALD. Mayor Baldwin swore in Council member Ken Greenwald as Mayor Pro-Tern. Mayor Baldwin then asked everyone to rise and join him in the Pledge of Allegiance to the Flag. #2 APPROVAL OF MINUTES: Special Workshop Session Regular Session Special Workshop Session Regular Session Special Workshop Session Regular Session Special Workshop Session Regular Session Regular Session 10-11-00 10-17-00 10-25-00 11-07-00 11-29-00 12-05-00 12-13-00 12-19-00 01-02-01 Mr. Greenwald moved to approve the minutes, as written, for the Special Workshop Session of 10-11-00, the Regular Session of 10-17-00, the Special Workshop Session of 10-25-00, the Regular Session of 11-07-00, the Special Workshop Session of 11-29-00, the Regular Session of 12-05-00, the Special Workshop Session of 12-13-00, the Regular Session of 12-19-00 and the Regular Session of 01-02-01. Mr. Williams seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Agee, Williams and Greenwald. NAYS: None. #3 HEARING OF RESIDENTS George Mower of 501 Brooks spoke on the following items: Mentioned he feels pride when someone vows to support the country and the Constitution. He congratulated Mr. Greenwald. 90 Spoke about the seating arrangement of Council. He feels the City Employees should not be on the same level as Council and should be one tier below them. This lets everyone know who is in charge. Stated he has had enough tax abatements. Remarked the City can now buy more bonds, but they shouldn't. Water rates wouldn't have to be so high. At this time Mayor Baldwin introduced new City Manager Dewey P. Cashwell, Jr. who introduced his wife Sandy, their daughter Ericka and their friend Tony Wilson. The Mayor welcomed him to the City and said he looks forward to working with him. There was a large contingent of students from Joyce Briscoe's class at the meeting and Mayor Baldwin acknowledged their presence. Mr. Simonson introduced the new City Planner, Ron Youngblood, and Mayor Baldwin welcomed him aboard. #4 Presentation of Franchise Agreement check by Marcus Pridgeon of GVEC. Mr. Pridgeon, General Manager of GVEC, also mentioned Louis Borgfeld, CEO, and Shawn Alvarez, Full Service Manager. He said they come before Council once a year to present one of the quarterly checks just to say what a privilege it is to work with Schertz. The check this time is for $55,310.48. He then stated he would field any questions Council might have. Mr. Greenwald inquired about deregulation and asked if there would be plenty of power. Mr. Pridgeon answered they have 23 new plants, 3 in their area. Electric is as high as it's ever been, but things are getting better. Mayor Baldwin thanked Mr. Pridgeon for his time and commented he was glad to have him at the meeting. #5 ORDINANCE: Consider and take action on final reading of Ordinance regarding Stop Intersections and All-Way Stops. Mayor Baldwin introduced an Ordinance and read the caption as follows: 91 ORDINANCE NO. 01-D-4 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,TEXAS, PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF ScHERTZ, TEXAS BE AMENDED BY REVISING SECTION 18-32, STOP INtERSECTIONS, AND SECTION 18-33, ALL-WAY STOPS; AND PROVIDING A REPEALING CLAUSE. Mrs. Head moved to approve the final reading of an Ordinance regarding Stop Intersections and All-Way Stops. Mrs. Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Agee, Williams and Greenwald. NAYS: None #6 ORDINANCE: Consider and take action on first reading of Ordinance regarding water rates. Mayor Baldwin introduced an Ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING SECTION 19, EXHIBIT 4, WATER RATES ESTABLISHED; PROVIDING AN EFFECTIVE DATE; AND PROVIDING A REPEALING CLAUSE. Mayor Baldwin said the water rates had been discussed in workshop and published in a brochure. Mr. Greenwald moved to approve the first reading of an Ordinance regarding water rates. Mrs. Head seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Agee, Williams and Greenwald. NAYS: None. #7 ORDINANCE: Consider and take action on first reading of Ordinance regarding junked vehicles. Mayor Baldwin introduced an Ordinance and read the caption as follows: 92 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING CHAPTER 10, ARTICLE III, ABANDONED JUNKED PROPERTY AND PROPERTY FOUND IN VIOLATION OF ORDINANCE, SECTIONS 10-61 THROUGH 10-68; PROVIDING A PENALTY CLAUSE AND PROVIDING A REPEALING CLAUSE. Mayor Baldwin asked George Mower if he had gotten what he wanted regarding this Ordinance. Mr. Mower replied a couple of things didn't make sense. The Mayor then indicated it could be discussed at the next workshop. Mrs. Agee moved to approve the first reading of an Ordinance regarding junked vehicles. Mr Greenwald seconded the motion. Before the vote, Mr. Mower inquired if he could get a copy of the Texas Transportation Code. Mayor Baldwin answered yes. At this time the vote was taken and the motion carried as follows: AYES: Councilmembers Head, Agee, Williams and Greenwald. NAYS: None. #8 ORDINANCE: Consider and take action on first reading of Ordinance regarding Tax Abatement and Tax Abatement Agreement with Embrey. Mayor Baldwin introduced an Ordinance and read the caption as follows: AN ORDINANCE THE CITY OF SCHERTZ, TEXAS, APPROVING A TAX ABATEMENT AND A TAX ABATEMENT AGREEMENT, BY THE CITY COUNCIL, FOR AND WITH TRINITY ASSET DEVELOPMENTITRI-COUNTY LTD., A PROPERTY OWNER IN THE CITY OF SCHERTZ. Mark Marquez, Personnel/Economic Development Coordi!nator, stated this Tax Abatement meets the current Ordinance requirements. It is recommended a Tax Abatement for 57.2% for ten years be approved. Robert Hunt is present for anyone who has questions. Mr Williams asked if the building is leased. Mr. Marquez replied it is a speculative building. 93 Mr. Greenwald moved to approve the first reading of an Ordinance regarding Tax Abatement and Tax Abatement Agreement with Embrey. Mrs. Head seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Agee, Williams and Greenwald. NAYS: None. #9 BID AWARD: Consider and take action awarding bid for ambulance. Mayor Baldwin excused himself because of a possible conflict of interest and Mayor Pro-Tem Greenwald presided over this part of the meeting. Mr. Simonson, Asst. City Manager, described the ambulance and stated that at the workshop last week, EMS was recommending the bid go to the second highest bidder. Additional information was provided in Council packets and additional information was distributed this evening. Both San Antonio Ambulance Sales and Wheeled Coach meet the specifications. Taylor Made Ambulance is a non-player. There is now a $3,000 difference versus an $11,000 difference. Mr. Williams inquired if the City Attorney is clear on the fact this ambulance could be used anywhere in the metrocom area. That point needs to be clarified. There was some discussion about a Type 3 versus a Type 2 ambulance and Mr. Williams asked which one we're buying. Barry Klinge, EMS employee, replied a Type 3. Mr. Klinge was then asked the problem with San Antonio Ambulance Sales and he replied the leaking of water into the cab. Mr. Williams questioned if that's every one or only a few - bond issue money is being spent on this bid award. Mr. Klinge answered they had only contacted Hondo. Mr. Williams indicated he would still like clarification from Michael Spain. There was then a brief discussion about rumors that other cities were buying their own ambulances. Mr. Simonson advised Council if they want to postpone, that would give him a chance to get a letter from Michael Spain. After further discussion about the bidders, mutual aid agreements and service locations, Mrs. Agee moved to table awarding the bid for the new ambulance until more information is available and we have a letter of clarification from the City Attorney. Mr. Williams seconded the motion, which carried with the following votes: AYES. Councilmembers Head, Agee, Williams and Greenwald. NAYS: None. 94 #10 BID AWARD: Consider and take action awarding bid for Water Line Materials for Lower Seguin Road. Mr. Simonson apologized to Council for not having this at a workshop first. If possible he would like Council to award the bid tonight because starting March 1, 2001, material is 5% higher than quoted in the bid. Mr. Greenwald asked if this work would be done by force account. Mr. Simonson replied part of it would. Mrs. Agee moved to award the bid for Water Line Materials for Lower Seguin Road to Municipal Pipe in the amount of $36,140.08. Mr. Williams seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Agee, Williams and Greenwald. NAYS: None. #11 Consider and take action regarding status of old Fire Department building. Mr. Bierschwale reported they were not able to find the information they were looking for and also not able to find the name of the gentleman who volunteered to tear it down for nothing. Mayor Baldwin suggested the demolition of it be put outfor bid. Mr. Greenwald moved to put out for bid the demolition of the old Fire Department building. Mrs. Agee seconded the motion, which carried with the following votes: AYES: Council members Head, Agee, Williams and Greenwald. NAYS: None. #12 Consider and take action setting public hearing date for Specific Use Permit request to locate an elementary school in the Wynn Brook Subdivision. After being asked by the Mayor, the City Secretary indicated March 20, 2001 would be a good date for the public hearing. Mr. Greenwald moved to set a public hearing date of March 20, 2001 for a public hearing on the request for a Specific Use Permit to locate an elementary school in the Wynn Brook Subdivision. Mrs. Head seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Agee, Williams and Greenwald. NAYS: None. 95 #13 CITY MANAGER'S REPORT . Reminded Council of the special meeting scheduled for this Thursday, February 22, 2001, on the bond issue. They received the agenda in their packets and it has been posted. . Reported they finally have digitized maps for the Comprehensive Land Plan. They would like Council to recommend some citizens to serve on the steering committee. The deadline for these recommendations is March 2nd. Some of the Planning and Zoning members have been speaking to Homeowners Associations on the subject. There will be a staff briefing on March 5th. #14 ITEMS BY COUNCIL Mrs. Head; . Related getting the video with information on the park and would like to schedule it for the March 14,2001 workshop agenda. Mr. Williams; . Stated that regarding the so-called windfall taxes from GVEC, CPS and Entex, he was referring to the sales tax. Can we do anything legally to help out the citizens with lower incomes to pay their utility bills? He understands they need two years worth of data from the Comptroller on sales tax and franchise fees. . Commented he had gone through the financial reports and the December one refers to an asterisk. What does that mean? Mr. Simonson promised to check into it. In January there was a deficit of $85,000. What's being done to correct it? Mr. Simonson replied it would be updated for the next workshop. Inquired if there would be additional information on the EMS budget on the next agenda and was told yes. Asked if they are still going to have the quarterly review. Mayor Baldwin replied they need to set that up. Understands an employee recently resigned and was told he could leave and take two weeks pay with him. Mr. Simonson said that was his decision. He decided it was best because of all the disruption in the department. . Inquired why the City Council budget is so overspent. Mr. Simonson replied because ofthe search for a new City Manager. Then asked why the expense didn't come out of the City Manager's budget. Mayor Baldwin thought it should logically have come out of Council's budget, but it could be amended. 96 . Requested that discussion of the use of facilities for training be placed back on the agenda. . Asked about the status of the hiring of an EMS Director. Mr. Simonson reported that three members of the current staff had applied and they will interview them this Thursday. If they find none of them are qualified, they will go outside for applicants. Upon asking if a job description had been written, Mr. Simonson replied yes. Was told by a volunteer that he didn't know when his application for the position had to be submitted and when he did submit it, was told it was too late. . Inquired about the status of the audit. Mayor Baldwin reported it should have been completed this Thursday, but because of a scheduling conflict, he asked to have it moved to next Thursday. It should be on the agenda shortly. #15 ITEMS BY MAYOR . Announced the Northeast Partnership meeting is this Thursday. . Regarding the Edwards Aquifer Authority, mentioned there is some concern about the committee overseeing the Edwards. One of the concerns is the fees and another is that the majority of the Board is from San Antonio. . Noticed Schertz is way down the list as a revenue-producing City along IH-35. . Commented he had several calls about the lack of animal traps at Animal Control. They told him there is a waiting list for traps. Maybe the City needs to buy some more traps. . Welcomed Mr. Cashwell aboard. Mr. Cashwell responded it is an honor and a pleasure to be here. #16 ADJOURNMENT There being no further business to discuss, ayor Baldwin adjourned the meeting at 8:17 p.m. ,r- -- ayor, CitY of Schertz, Texas ATTEST. 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