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
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#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.
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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:
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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:
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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
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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.
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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.
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ATTEST:
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City Secretary, City of Schertz, Texas
,-
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Mayor Pro-Tern, City of Schertz, Texas
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