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ccreg 03-07-2000 . 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. . 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 -124- . 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. . 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. . 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 -125- . 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. . 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: . -126- . 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: . -127- . 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. . 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. -128- . 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 . 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: . -129- . 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: . · 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. . . 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. -130- . 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 . . 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. . #12 EXECUTIVE SESSION: Called under Chapter 551, Texas Government Code, Sub-Section 551.071, pending or contemplated litigation. -131- . 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: . ~~~, City Secretary, City of Schertz . -132-