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ccreg 09-18-01 Schertz City Council- Regular Session Tuesday, September 18, 2001 The Schertz City Council convened in Regular Session on Tuesday, September 18,2001 at 7:00pm in the Municipal Complex Conference room, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Pro-Tern Norma Head, presiding; Councilmembers Reginna Agee, Ken Greenwald, Billy Pitts, and Tim Swinney. Staff members present were City Manager Dewey Cashwell and City Secretary Norma Althouse. Absent: Mayor Hal Baldwin. Mayor Pro-Tern Norma Head called the meeting to order at 7:00pm. #1 Hearing of Residents: No one had signed up to speak. #2 Presentation by Gordon Dunkley Executive Director Metrocom Chamber of Commerce - Contribution to the Kim Park Fund. Following the presentation an update was given on Kim Park. She is in good spirits and doing well. There is still one more surgery to be done. Ms. Park will be in the hospital for another 2-6 weeks. Mr. Pitts stated he had visited Ms. Park and was moved by all the pictures from school children. Mayor Pro-Tern Norma Head thanked Mr. Dunkley for his presentation and announced that Ms. Park will be in everyone's prayers and thoughts. #3 Consider and Take Action: On Specific Use Permit for Geoffery Nienstedt. (Roadrunner Towing). Mr. Cashwell stated the information remains before Council as presented. The business operation is that of a vehicle impound facility to be located at the comer of FMI518 and Pecan Drive. No vehicles will be dismantled or repaired at this facility, it will not be used as a salvage yard. Mr. Nienstedt stated that he has nothing further to add. Without further discussion Mr. Pitts moved to approve the request from Geoffery Nienstedt. (Roadrunner Towing) for a Specific Use Permit. Mr. Swinney seconded the motion, which carried with the following votes: AYES: Councilmembers Swinney, Greenwald, Agee, Pitts, and Mayor Pro-Tern Head. NAYS: None 274 #4 Public Hearing: to receive citizen comments on a junked vehicle at 108 Schertz Parkway. Mr. Cashwell noted that the State law requires a Public Hearing before the City can take possession of the junked vehicle. The public hearing gives the owner of the vehicle an opportunity to take action and claim the vehicle. Once the City takes possession of the vehicle, it is then destroyed. The owner of Bawdsey Manor stated that the vehicle has been there since the flood. She wonders why it has taken so long for some kind of action. She feels it gives Schertz a bad name and discourages new business. Glyn Williams informed Council that he has no connection with Bawdsey Manor. Mr. Williams went to lunch at the Manor and noticed that the car had no current state inspection, no current tag, and a flat tire. He feels that the car is probably inoperable and meets all current standards for a junk vehicle. Mr. Williams feels that the vehicle is not only junk, but also dangerous. He asked what the customers must think of the City of Schertz when they pass this junk vehicle. Mr. Williams stated that when the City Council passed the junk vehicle ordinance, they had this type of vehicle in mind. He asked that the City Council vote to have this vehicle removed from its current location. He also thanked the Council for giving him the opportunity to speak. Susan Fitzgerald, a patron of Bawdsey Manor stated that the City is pretty strict about landscaping for new businesses. She stated that the old businesses should also have those same restrictions. Joseph McFarland asked if a third party could come to the Council and request to take the car for salvage or other uses before it is destroyed. Mr. Swinney stated that it is not allowed. Mr. Greenwald noted that the car must be destroyed. Mr. Cashwell stated that the public is not allowed to profit from such an action. With no further business to discuss, Mayor Pro-Tern Norma Head closed the public hearing. #5 Consider and Take Action: on the above junk vehicle. Mr. Swinney felt that the citizen input was very accurate and timely. He stated that the Inspection Department is focusing on enforcing City ordinances. Without further discussion, Mr. Greenwald moved that the City proceed with the impoundment and disposal action on the above-mentioned junk vehicle. Mrs. Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Swinney, Greenwald, Agee, Pitts, and Mayor Pro-tern Head. 275 NAYS: None 'presentation for Fiscal Year 2001/2002 Budget Mr. Cashwell then gave the Council and citizens some general information concerning the budget. Mr. Cashwell feels that it is a very progressive and future oriented budget with a number of important benefits. Mr. Cashwell stated that the published tax rate going into the budget discussion was 0.3855. The total tax rate is now 0.3826. Most ofthe increase from last year is due to the Schertz Parkway project. 'presentation on Screen: -10 year tax rate -Council priorities -Schertz Parkway -Compensation -Technology -Communication -Economic Development -Re-Organization -Capital Investments -Additional Enhanced Services Mr. Cashwell briefly explained each item above and what it would do for the City of Schertz. Mr. Jain then presented graphs and charts for the budget. #6 Public Hearing: to receive citizen comments on proposed City budget for fiscal year 2001/2002. Mayor Pro-Tern Norma Head then asked if there were any citizen comments on the proposed budget. A student commented that it was an excellent presentation. With no further business to discuss, Mayor Pro-Tern Norma Head closed the Public Hearing. #7 Ordinance: consider and take action on emergency reading of Ordinance regarding the budget for FY 2001/2002. Mayor Pro-Tern Norma Head introduced an Ordinance and read the caption as follows: 276 ORDINANCE NO. 01-M-19 PROVIDING FUNDS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2001 AND ENDING SEPTEMBER 30, 2002, BY APPROVING THE BUDGET FOR SAID PERIOD AND APPROPRIATING THE NECESSARY FUNDS OUT OF THE GENERAL AND OTHER REVENUES OF THE CITY OF SCHERTZ, TEXAS, FOR SAID YEAR FOR THE MAINTENANCE AND OPERATION OF THE VARIOUS DEPARTMENTS AND FOR VARIOUS ACTIVITIES AND IMPROVEMENTS OF THE CITY; AND DECLARING AN EMERGENCY Without further discussion, Mr. Greenwald moved to approve the proposed City budget as presented and declare an emergency. Mr. Swinney seconded the motion, which carried with the following votes: AYES: Councilmembers Swinney, Greenwald, Agee, Pitts, and Mayor Pro-Tern Head. NAYS: None Mr. Cashwell thanked Council for their hard work on the budget. Mr. Greenwald pointed out that with emergencies, they only have to read it once instead of twice. #8 ORDINANCE: consider and take action on emergency reading or Ordinance regarding proposed tax rate for FY 2001/2002. Mayor Pro-Tern Norma Head introduced an Ordinance and read the caption as follows: ORDINANCE NO. 01-T-20 LEVYING AND ASSESSING ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF SCHERTZ, TEXAS, FOR THE YEAR 2001; PROVIDING THE BASIS OF ASSESSMENT OF ONE HUNDRED PERCENT (100%) APPRAISED VALUE AND PROVIDING FOR THE COLLECTION THEREFORE AT THE RATE OF 0.3826 ON THE ONE HUNDRED DOLLAR ($100.00) ASSESSED VALUATION; AND DECLARING AN EMERGENCY. Without further discussion Mr. Swinney moved to approve the 2001/2002-tax rate as stated at 0.3826 in an emergency ordinance. Mr. Greenwald seconded the motion, which carried with the following votes: 277 AYES: Councilmembers Swinney, Greenwald, Agee, Pitts, and Mayor Pro-Tern Head. NAYS: None Mr. Cashwell mentioned that the library playscape is included in the budget. #9 Consider and Take Action: On Final reading of Ordinance amending Chapter 16 of the Code of Ordinances, Streets and Sidewalks, by adding Article V, Right-of-Way Construction. Mr. Cashwell explained that this ordinance would provide some rules as to how any business might make use of any public right-of-way. Mayor Pro-Tern Norma Head introduced an Ordinance and read the caption as follows: ORDINANCE NO. 01-S-18 AN ORDINANCE AMENDING CHAPTER 16 OF THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS, BY ADDING SECTIONS PROVIDING FOR RIGHT-OF-WAY CONSTRUCTION; PROVIDING FOR REGISTRATION AND CONSTRUCTION PERMITS; PROVIDING FOR CONSTRUCTION STANDARDS; PROVIDING FOR "PLANS OF RECORD"; PROVIDING FOR CONFORMANCE WITH PUBLIC IMPROVEMENTS; PROVIDING FOR RESPONSES TO IMPROPERLY INSTALLED FACILITIES; PROVIDING FOR RESTORATION OF PROPERTY; PROVIDING FOR REVOCATION OR DENIAL OF PERMITS; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY. With no further discussion, Mrs. Agee moved to approve the Final reading of an Ordinance amending Chapter 16 of the Code of Ordinances, Streets and Sidewalks, by adding Article V, Rright-of-Way Construction. Mr. Pitts seconded the motion, which carried with the following votes: AYES: Councilmembers Swinney, Greenwald, Agee, Pitts, and Mayor Pro-Tern Head. NAYS: None #10 Consider and Take Action: on Limited Use Agreement. Mr. Cashwell explained that PF. NET Networking Services Corp. wishes to install fiber optic cable and related facilities on utility poles and underground in and around new conduit right-of-way in the City of Schertz. Having provided for an Ordinance, it is now necessary to provide for a Limited Use Agreement stipulating the terms and conditions under which they will operate and place utilities, and consideration on payment to the 278 City for the use. The consideration will be something new in the way of revenue for the City in the sum of 75 cents per linear foot, per year. They are expecting to use up to 14,000 feet of City right-of-way which would be about $10,500.00 of new revenue per year. Without further discussion, Mrs. Agee moved to approve the Limited Use Agreement for PF. Net Networking Services Corp. and the right-of-way addendum. Mr. Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers Swinney, Greenwald, Agee, Pitts, and Mayor Pro-Tern Head. NAYS: None #11 Resolution: Consider and take action supporting the Inclusion ofEI Camino Real De Los Tejas in the National Historic Trail System. Mr. Cashwell asked Amy Madison to explain this item to the Council. Mrs. Madison explained that E1 Camino Real De Los Tejas has been around for one hundred and fifty years (150) and covers about 2,600 miles of trail (part of it comes right through Schertz). This trail is to be put on the National Historic Trail system, which would lead additional tourist to the City of Schertz. Mrs. Madison then showed everyone a map of the trails. Mayor Pro-Tern Norma Head then introduced a Resolution and read the caption as follows: RESOLUTION NO. 01-R-29 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS SUPPORTING THE INCLUSION OF EL CAMINO REAL DE LOS TEJAS IN THE NATIONAL HISTORIC TRAIL SYSTEM. Without further discussion, Mr. Swinney moved to approve the Resolution supporting the inclusion of E1 Camino Real De Los Tejas in the National Historic Trail System. Mrs. Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Swinney, Greenwald, Agee, Pitts, and Mayor Pro-Tern Head. NAYS: None #12 Discuss and Take Action: on the rejection of bids for W. Dietz Creek Pilot Channel. Mr. Cashwell called John Bierschwale forward to explain why this action is necessary. 279 Mr. Bierschwale explained Montery-Medina (owner of the property) has asked for more information regarding the right-of-way, elevations, layering, and taking of property out of the flood plain. There is also a problem with the person who bid on the job. He is now raising his bid by about $12,000.00. Mr. Bierschwale would like Council to reject the bids at this time. Without further discussion, Mr. Pitts moved to reject the bid that was awarded to Feneff Construction for the amount of $48,686.00 and proceed as discussed by staff. Mr. Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers Swinney, Greenwald, Agee, Pitts, and Mayor Pro-Tern Head. NAYS: None #13 Discuss and Take Action: on the rejection of bids for Elevated Storage Tanks. Mr. Cashwell called John Bierschwale forward to explain why this action is necessary. Mr. Bierschwale explained that there are two reasons that he is asking Council to reject the bid. The first is that he wants to make sure this tower is going to last forever, so he is requesting his engineer put a minimum standard on the pillars going into the ground instead of a flooding type slab design. The second reason is they need an opportunity to look at a little larger tank and they did not have that opportunity. He would like to know what the cost of a one and a half million-gallon storage tank would be. With no further discussion, Mr. Greenwald moved to reject all ofthe bids on the Elevated Storage Tanks. Mrs. Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Swinney, Greenwald, Agee, Pitts, and Mayor Pro-Tern Head. NAYS: None City Manal!er _ Reported the Mayor has issued a proclamation, making September 21, 2001 POW/MIA recognition day. _ Recognized the important contribution that public servants make to the community everyday (in reference to recent tragedy). #14 Adjournment: There being no further business to discuss, Mayor Pro-Tern Norma Head adjourned the meeting at 8:15pm. 280 ATTEST: ,~~ City Secretary, City of Schertz, Texas ,- v~~ Mayor Pro-Tern, City of Schertz, Texas 281