ccreg 03-07-2000
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REGULAR SESSION OF THE SCHERTZ CITY COUNCIL
MARCH 7, 2000
The Schertz City Council convened in Regular Session on Tuesday, March 7, 2000 at
7:00 p.m. in the Municipal Council Chambers, 1400 Schertz Parkway, Schertz, Texas.
Those present were as follows: Mayor Hal Baldwin; presiding; Councilmembers Pia
Jarman; Joe Potempa; Reginna Agee; Glyn D. Williams and Ken Greenwald. Staff
present were City Manager Kerry Sweatt and City Secretary Norma Althouse.
Mayor Baldwin welcomed everyone to the meeting and then asked them to rise and join
him in the Pledge of Allegiance to the Flag.
#1
APPROVAL OF MINUTES:
Regular Session
Regular Session
Special Workshop Session
Regular Session
12-21-99
01-04-00
01-12-00
01-18-00
Mr. Greenwald moved to approve the minutes, as written, for the Regular Session of
12-21-99, the Regular Session of 1-4-00, the Special Workshop Session of 1-12-00 and
the Regular Session of 1-18-00. Mrs. Jarman seconded the motion, which carried with
the following votes:
. AYES: Councilmembers Jarman, Potempa, Agee, Williams and Greenwald.
NAYS: None.
#2 HEARING OF RESIDENTS
William Wilson of 104 Church Street had signed up to speak about property clean-up
and junked cars in his neighborhood. Mr. Wilson stated there is still some flood debris
and some City property adjacent to his property. He is getting varmints, critters and
rattlesnakes on his property and this upsets him because his grandchildren come to visit.
Mr. Wilson went on to say there seems to be some dispute about who is paying taxes and
he doesn't care. It's been almost a year and a half and someone should clean up the
property and bill the property owner. Can this be done? Mayor Baldwin answered yes.
Mr. Wilson commented he's pretty sure the property belongs to Riedel Enterprises and he
has seen the deed.
Mr. Wilson then mentioned all the junked cars in his neighborhood and said he would
like the area cleaned up. He would like some answers to his questions and when the City
thinks something can be done about the problems.
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Mr. Sweatt indicated the City needs to look into it. There is some confusion about the
ownership of the property Mr. Wilson says belongs to Riedel Enterprises, so they can't
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put a lien on it. They are trying to identify the owner and until that is done, any action
such as a lien would be subject to being overturned. As far as the junked cars, that can be
taken care of by the Inspection Department.
Mr. Wilson mentioned that some of the pieces of debris that are washed up against his
property are sections of the low-water crossing walking bridge that belongs to the City.
Mr. Sweatt remarked the City was not aware of that.
Mr. Williams asked what the legality is of going in and cleaning out the property adjacent
to Mr. Wilson and Mr. Sweatt replied there is some possibility of trespassing. Mayor
Baldwin asked if there's access off Church Street and Mr. Wilson replied not without
going through another property.
Mayor Baldwin wondered if Mr. Wilson could find the deed showing that the property is
owned by Riedel Enterprises since he claims to have seen it. Mr. Potempa asked how
long this problem of debris adjacent to Mr. Wilson's property had been going on and Mr.
Wilson answered since the flood of 1998. Mayor Baldwin asked the status of the Cibolo
Creek cleaning project. Mr. Sweatt was unsure of the status due to all the problems they
had experienced.
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Mr. Sweatt then added the City would take care of the pieces of the bridge and try to
resolve the ownership of the property. Mr. Wilson stated he would be more than happy
to bid on it.
David Richmond of 2921 Bent Tree Drive had signed up to speak about FM 78
beautification. Mr. Richmond noted he belongs to a committee that will be preparing a
report in a couple of months regarding electric poles and wires along FM 78. They are
trying to get some trees planted and find alternatives to light poles. If the overhead lines
stay, he feels it will be a big detriment to the City. This is a once in a lifetime
opportunity to work with GVEC and ask them to consider the possibility of putting the
lines underground. The property owners along FM 78 are excited about improving the
frontage of their businesses. He is here tonight to ask City Council for their help.
Mayor Baldwin remarked that Universal City got money to bury their lines on Pat Booker
Road. Mr. Sweatt commented he thought that was more about burying the traffic signals.
Mr. Sweatt then indicated they could talk with GVEC about the possibility of putting the
lines underground.
#3 PUBLIC HEARING: To receive citizen comments on the proposed annexation of
16.616 acres of land out of Coma I County. (Comal ISD property)
Mayor Baldwin explained the procedures to be followed for the public hearing.
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Mr. Sweatt reminded Council they had been furnished letters from Comal ISD in their
packets. He pointed out the location of the property proposed for annexation on the map
and then distributed a small drawing illustrating the location. Mr. Sweatt further stated
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the reason for the requested annexation is to obtain wastewater collection services from
the City. The Comal ISD is aware of the capital recovery fees involved.
Mr. Sweatt noted that five letters had been sent to property owners within the required
distance and three had been returned opposed to the annexation. He then reviewed the
annexation schedule and mentioned that a representative of the Comal ISD is here this
evening to answer questions.
Roy Linnartz of the Comal ISD related he had nothing to add to Mr. Sweatt's remarks
and then distributed copies of a floor plan for the addition to the school for Council to
see.
Mayor Baldwin thanked Mr. Linnartz for his time and since there were no further
remarks, closed the public hearing.
Mrs. Agee mentioned most of her comments had been about the emergency services
(police, fire, EMS) and thought they were going to get some information regarding the
number of police calls.
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Mr. Potempa asked if they established that the Comal ISD doesn't have campus police
and Mr. Sweatt answered that's correct. Mayor Baldwin stated he was perplexed by the
comments from the property owners objecting to the annexation. Their views go back to
the 1970's when Schertz was doing strip annexation.
Mr. Williams questioned why the City didn't make public the knowledge about the
police, fire and EMS services. Mrs. Agee pointed out the discussion just came up last
week at the workshop and there was discussion about City agreement with other entities.
Mrs. Agee then mentioned that one of Mr. Mower's concerns was bomb threats in the
Comal lSD, but those have been in the upper schools - this is an elementary school.
Mr. Potempa expressed the opinion he would rather the City of Schertz Police
Department service the area than the Comal County sheriff. Mr. Williams admitted he
was opposed to this annexation until he found out the City already provides services.
Mr. Potempa asked about the zoning and Mr. Sweatt replied it is General Business and
Light Industrial. The school, of course, will be Public Use. Mayor Baldwin observed
they would eventually be in the City.
#4 RESOLUTION: Consider and take action on Resolution regarding non-
radioactive hazardous material route plan.
Mayor Baldwin introduced a Resolution and read the caption as follows:
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RESOLUTION NO. OO-R-7
IN SUPPORT OF AND URGING THE TEXAS DEPARTMENT OF
TRANSPORTATION TO APPROVE A NON-RADIOACTIVE HAZARDOUS
MATERIALS ROUTE, CONCERNING MATERIALS DEEMED CAPABLE OF
POSING AN UNREASONABLE RISK TO HEALTH, SAFETY OR PROPERTY
WHEN TRANSPORTED IN COMMERCE, WHICH AGENCY APPROVAL
WOULD ENABLE LOCAL REGULATIONS AND APPROPRIATE
AMENDMENT TO THE CITY CODE OF THE CITY OF SCHERTZ, TEXAS,
UNDER A PROSPECTIVE ORDINANCE TO BE APPROXIMATELY
ENTITLED NON-RADIOACTIVE HAZARDOUS MATERIALS ROUTE;
WHICH PROSPECTIVE ORDINANCE COULD PROVIDE FOR SAFE LOCAL
DELIVERY, PERMISSIBLE THROUGH ROUTE DESIGNATIONS,
ENFORCEMENT, AND PENALTIES.
Mrs. Jarman moved to approve the Resolution regarding non-radioactive hazardous
materials route plan as proposed. Mrs. Agee seconded the motion, which carried with the
following votes:
AYES: Councilmembers Jarman, Potempa, Agee, Williams and Greenwald.
NAYS: None.
. #5 APPOINTMENT: Consider and take action appointing member to Planning and
Zoning Commission.
Mr. Greenwald moved to appoint William W. Sommers to a two-year term on the
Planning and Zoning Commission to replace the vacancy created by the resignation of
George Mayfield. Mrs. Jarman seconded the motion, which carried with the following
votes:
AYES: Councilmembers Jarman, Potempa, Agee, Williams and Greenwald.
NAYS: None.
#6 ORDINANCE: Consider and take action on first reading of Ordinance regarding
traffic regulations in Greenshire Subdivision and Oak Trails Subdivision.
Mayor Baldwin introduced an Ordinance and read the caption as follows:
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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 18-32, STOP INTERSECTIONS -
DESIGNTED GENERALLY; AND SECTION 18-33, ALL-WAY STOPS; AND
PROVIDING A REPEALING CLAUSE.
Mr. Sweatt pointed out this had been discussed at the workshop. It designates two Stop
intersections with one of the Through Streets being Woodland Oaks Drive and the Stop
Street being Lotus Park and the other Through Street being Lotus Park and the Stop
Street being Royal Palm Drive. It also designates All Way Stops at Turkish Oak and
Bench Trail and at Chestnut Oak and Bench Trail.
Mrs. Agee moved to approve the first reading of an Ordinance regarding traffic
regulations in Greenshire Subdivision and Oak Trails Subdivision. Mr. Potempa
seconded the motion, which carried with the following votes:
AYES: Councilmembers Jarman, Potempa, Agee, Williams and Greenwald.
NAYS: None.
. #7 ORDINANCE: Consider and take action on emergency reading of Ordinance
granting a permit and consent to PG&E Gas Transmission, et al, to maintain, use and
operate pipelines in City rights-of-way.
Mayor Baldwin introduced an Ordinance and read the caption as follows:
ORDINANCE NO. 00-M-7
AN ORDINANCE GRANTING A PERMIT AND CONSENT TO PG&E GAS
TRANSMISSION, TEXAS CORPORATION, PG&E GAS TRANSMISSION
TECO, INC., AND PG&E ENERGY TRADING-GAS CORPORATION, THEIR
WHOLLY OWNED SUBSIDIARY CORPORATION AND WHOLLY OWNED
SUBSIDIARY GENERAL AND LIMITED PARTNERSHIPS, AND THEIR
SUCCESSORS, LESSEES OR ASSIGN~, TO MAINTAIN, USE AND OPERATE
CERTAIN NATURAL GAS AND/OR NATURAL GAS LIQUIDS
TRANSMISSION PIPELINES ALONG, ACROSS, AND UNDER PUBLIC
PROPERTY AND RIGHTS-OF-WAY IN THE CITY OF SCHERTZ, TEXAS,
AND DECLARING AN EMERGENCY.
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Mr. Sweatt explained that the City of Schertz joined with other cities in class action
litigation and reached an agreement on a 25-year arrangement and settlement for past use
in the amount of $30,000. This Ordinance replaces an earlier Ordinance and has only
some minor changes.
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Mr. Greenwald moved to approve the emergency reading of an Ordinance granting a
permit and consent to PG&E Gas Transmission, et a1, to maintain, use and operate
pipelines in City rights-of-way. Mrs. Jarman seconded the motion.
After discussion about the settlement figure and the 6% per year discount rate, a vote was
taken with the following votes:
AYES: Councilmembers Jarman, Potempa, Agee, Williams and Greenwald.
NAYS: None.
#8 RESOLUTION: Consider and take action on Resolution regarding contract with
TXDoT for Selective Traffic Enforcement Program.
Mayor Baldwin introduced a Resolution and read the caption as follows:
RESOLUTIION NO. 00-R-6
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BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS,
AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT
WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR A
SELECTIVE TRAFFIC ENFORCEMENT PROGRAM FOR THE PERIOD OF
MARCH 7, 2000 THROUGH SEPTEMBER 18,2000.
Mr. Sweatt advised TXDoT made funds available for this program which has been
effective in the past. The estimated cost is $7500 paid for through a grant. Police Chief
Smith is here to answer questions.
Mr. Williams questioned where the blocks of 900 to 4500 are on FM 3009 and Chief
Smith answered from FM 78 to IH-35. Mrs. Jarman asked if this isn't the same program
they enforced last fall and Chief Smith replied yes. Mrs. Jarman then inquired if it
was successful and was told by Chief Smith it was.
Mr. Potempa, noting the period oftime, asked if they couldn't go for a whole year. Chief
Smith replied this is all that's available right now - it's called a Splash grant. This covers
all the holidays from March 7th through September 18th. They may eventually look into
a STEP program for a full year. Mr. Potempa inquired about covering the Thanksgiving,
Christmas, and New Year holidays and Chief Smith answered they could do that if a
grant is available.
Mrs. Jarman moved to approve the Resolution regarding a contract with TXDoT for a
Selective Traffic Enforcement Program. Mr. Potempa seconded the motion, which
carried with the following votes:
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AYES: Councilmembers Jarman, Potempa, Agee, Williams and Greenwald.
NAYS: None.
#9 CITY MANAGER'S REPORT
. Stated he had received a letter from the State Comptroller reminding us of the
upcoming tax holiday and that the City has the choice of opting out of it this year.
Last year there was no option. Unless Council objects, he is suggesting they not opt
out. The consensus of Council was to go with Mr. Sweatt's suggestion.
. Noted the library received a $100,000 grant for internal use.
. Explained that traffic from customers paying their water bills at the drive-through
window will be rerouted around the Community Center.
#10 ITEMS BY COUNCIL
Mrs. Jarman:
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· Related she enjoyed the Leadership Summit in Austin this past weekend. It is the
best one she has attended. One of the main things they pointed out was the necessity
to communicate. Next week she will re-cap the seven points that were covered at the
summit.
· Mentioned she attended the Library Board meeting last night and there was great
jubilation because of the grant. They were concerned about the January circulation
being down, but February's circulation showed an increase of 1,000. The bookstore
is doing well due to the dedication of Norma Head and her husband - it is averaging
$300 per month.
Mr. Potempa:
. Questioned if a police officer was hurt in an accident this morning. Mr. Sweatt
replied no, but there was lots of damage because someone backed into the patrol unit.
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. Inquired about the status of the water bills. Mr. Sweatt listed the proposed schedule
of when they would be mailed. Mr. Potempa then asked if the database is all
straightened out and if the consultant came down. Mr. Sweatt replied the database is
all straightened out and the consultant worked from a remote location. Mr. Potempa
then inquired if before New World took over the software system, did the City retain
a disk of the old water billing system and Mr. Sweatt replied he believes they did,
and explained the problem was conversion not that history was lost. Mr. Potempa
questioned if the labeling format problem was resolved and Mr. Sweatt answered they
will still be using the old cards for a while, but will eventually go to sealed envelopes.
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Mrs. Agee:
. Asked if there's any timeframe for the moving of the emergency services into their
new buildings. Mr. Sweatt replied they had thought by the end of March, but they're
not sure now. There's still quite a bit of finishing work to do.
Mr. Williams:
. Verified that the consultant worked from a remote location and Mr. Sweatt explained
the consultant has a contract on the hardware only.
. Mayor Baldwin mentioned, that at a previous workshop, they had asked Mr. Sweatt
for a report on the total number of hours the employees worked to get the new
system in order and an accounting of lost interest income to the City due to not
getting the water bills out in a timely manner. Council will decide what to do, if
anything, after that report is completed.
#11 ITEMSBYMAYOR
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. Agreed with Mrs. Jarman on the Leadership Summit and said he wished all the
Councilmembers could have attended. It was an outstanding session on Council/City
Manager relationships. One problem they've had here is everyone getting emergency
information timely. Corpus Christi gets theirs bye-mail. His suggestion is for all the
Council to have pagers. If there's no problem, he will have Mr. Sweatt get one for all
the members of Council. Everyone agreed it was a good idea.
. Commented he feels they have let the landscaping project for the new buildings slide.
What is the status? Mr. Sweatt advised they are soliciting proposals on the sprinkler
system. Mr. Williams asked if they have a landscape design and Mr. Sweatt replied
they are just doing general landscaping. Mr. Potempa asked when the sidewalks for
the new buildings will be poured and Chief Smith replied next Monday.
. Told everyone he is setting up a tour of the new buildings since he missed the
previous one, and if anyone wants to participate, let him know. Mr. Sweatt needs a
little notice to set things up.
. Asked how many had received their census form and if they looked at the address on
it. Schertz is not the only one with their computer on the blink.
. Stated Mr. Sweatt put a couple of articles in the Newsletter about the water issues and
Schertz is ahead of the game. Mr. Greenwald observed that Mr. Williams had a good
article in the Newsletter.
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#12 EXECUTIVE SESSION: Called under Chapter 551, Texas Government Code,
Sub-Section 551.071, pending or contemplated litigation.
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An Executive Session was held from 8:29 p.m. until 9:00 p.m.
#13 Action, if any, on above Executive Session.
No action was required.
#14 ADJOURNMENT
There being no further business to discuss, Mayor Baldwin adjourned the meeting at 9:03
p.m.
ATTEST:
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City Secretary, City of Schertz
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