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ccreg 04-04-2000 . REGULAR SESSION OF THE SCHERTZ CITY COUNCIL APRIL 4, 2000 The Schertz City Council convened in Regular Session on Tuesday, April 4, 2000 at 7:00 p.m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Sch~rtz, Texas. Those present were as follows: Mayor Hal Baldwin, presiding; Councilmembers Pia Jarman; Joe Potempa; Reginna Agee and Ken Greenwald. Absent: Councilmember Glyn D. Williams. Staff present were City Manager Kerry Sweatt and City Secretary Norma Althouse. Mayor Baldwin welcomed everyone and asked them to rise and join him in the Pledge of Allegiance to the Flag. Following the Pledge, he presented a Proclamation to James Balthazar, representing Vital Alliance, declaring April as Organ and Tissue Donor Awareness Month. Mr. Balthazar was a recipient of a heart transplant five years ago. Mr. Balthazar presented the Mayor with a T-Shirt and also pins for distribution attached to information about becoming an organ or tissue donor. #2 HEARING OF RESIDENTS: Those citizens wishing to speak on agenda items (other than public hearing items) or items not on the agenda, will be heard at this time. (the Mayor unintentionally skipped number 1). . Billy Wilson of 104 Church commented he was present to hear a follow-up on the clean- up in his neighborhood. Mr. Sweatt told him the City had identified the owner of the property adjacent to his and it is Dennis Figol. A notice has gone out requesting him to clean up the property. Normally, it is a ten-day notice. If Mr. Figol does not clean it up, the City has a right to clean it up and file a lien against the property. As far as parts of the wooden bridge, Mr. Sweatt admitted they didn't fmd any, but they did find some posts. If Mr. Wilson can show them where parts ofthe bridge are, the City will pick them up. Mr. Sweatt also mentioned he understands the contract for the Cibolo Creek Clean-Up Project has been let and is said to start in early April. Mr. Wilson asked who's responsible for mowing and cleaning the Ruiz property on Zuehl. Mr. Sweatt replied it is not in mitigation yet. Mayor Baldwin added Mr. Ruiz would be as long as he owns the property. Mr. Wilson then inquired about the junked car in his neighborhood and Mr. Sweatt replied the inspectors say there are none in violation. Where are the cars? Mr. Wilson indicated he could take pictures. Mr. Sweatt told him if he could give specific addresses, the City would look further into it. Mr. Wilson agreed to do that. . Mr. Potempa asked if there are still vehicles on the Ruiz property and Mr. Wilson answered yes. Mr. Potempa then observed it appears he has put stuff back on the property. Mr. Sweatt commented he does not know, but if he is in violation, they will try to make him comply. Of course, if he moves stuff out and then back, the process starts -154- . over again. Mr. Potempa inquired how long the process would take to get the Ruiz situation solved. Mr. Sweatt answered, assuming they can settle, about two months. Mr. Potempa commented he's playing games with the inspectors. Mr. Wilson added he's also devaluing other properties. Maybe the inspectors need glasses. Mr. Potempa advised Mr. Wilson the inspectors are good and specifically mentioned Chuck Padgett. #1 APPROVAL OF MINUTES: Special Workshop Session 02-09-00 Regular Session 02-15-00 Special Workshop Session 03-01-00 Mrs. Jarman moved to approve the minutes, as written for the Special Workshop Session of 2-9-00, the Regular Session of2-15-00 and the Special Workshop Session of 3-1-00. Mr. Potempa seconded the motion, which carried with the following votes: AYES: Councilmembers Jarman, Potempa, Agee and Greenwald. NAYS: None. #3 ORDINANCE: Consider and take action on final reading of Ordinance regarding annexation of 16.616 acres ofland out of Coma I County. Mayor Baldwin introduced an Ordinance and read the caption as follows: . ORDINANCE NO. 00-A-I0 PROVIDING FOR THE EXTENSION OF THE BOUNDARY LINES OF THE CITY OF SCHERTZ, TEXAS, BY THE ANNEXATION OF TWO (2) TRACTS OF LAND OUT OF COMAL COUNTY CONTAINING A TOTAL OF 16.616 ACRES. Mr. Greenwald moved to approve the final reading of an Ordinance regarding the annexation of 16.616 acres of land out of Comal County. Mrs. Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Jarman, Potempa, Agee and Greenwald. NAYS: None. #4 ORDINANCE: Consider and take action on first reading of Ordinance regarding required sewer connections and fixtures and unlawful disposal of wastewater. Mayor Baldwin introduced an Ordinance and read the caption as follows: . -155- . 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 CHAPTER 19, W ATER,W ASTEW ATER AND WASTE DISPOSAL, ARTICLE II, WATER SERVICE, SECTION 19-69, REQUIRED SEWER CONNECTIONS AND FIXTURES AND UNLAWFUL DISPOSAL OF WASTEWATER; AND PROVIDING A REPEALING CLAUSE. Mr. Sweatt explained this had been discussed at the workshop last week. It is currently required that anyone within 300 feet of City sewer service tie onto the sewer line. This ordinance would change that to 500 feet for residential and 1500 feet for commercial. The existing policy is, and would remain the same, that anyone currently on a septic system is only required to tie onto the sewer line, when the septic system fails. Distances could be modified by Council in the future. Mrs. Jarman moved to approve the first reading of an Ordinance regarding required sewer connections and fixtures and unlawful disposal of wastewater. Mrs. Agee seconded the motion, which carried with the following votes: . AYES: Councilmembers Jarman, Potempa, Agee and Greenwald. NAYS: None. #5 ORDINANCE: Consider and take action on emergency reading of Ordinance regarding changes to Pro-Logis Tax Abatement Agreement. Mayor Baldwin introduced an ordinance and read the caption as follows: ORDINANCE NO. 00- T-9 THE CITY OF SCHERTZ, TEXAS, APPROVING A TAX ABATEMENT AGREEMENT, BY THE CITY COUNCIL, FOR AND WITH PRO-LOGIS TRUST, A PROPERTY OWNER IN THE CITY OF SCHERTZ, REPEALING ORDINANCE 99- T -21, AND DECLARING AN EMERGENCY. . Mr. Sweatt, indicating this had also been discussed at the workshop last week, stated the major changes have to do with an assignment issue by Pro- Logis without fIrst notifying the City. They still must notify the City within 30 days of an assignment and there are still guidelines and criteria they must meet. This has not been a problem in the past and the City doesn't see any downside to the issue. Mark Marquez pointed out there are provisions in the Pro-Logis agreement that are not in normal tax abatement agreements. -156- . Mr. Greenwald moved to approve the emergency reading of an Ordinance regarding changes to Pro-Logis Tax Abatement Agreement. Mrs. Jarman seconded the motion, which carried with the following votes: AYES: Councilmembers Jarman, Potempa, Agee and Greenwald. NAYS: None. #6 RESOLUTION: Consider and take action on Resolution certifying and declaring that the candidates who filed for Mayor and Places 1 and 2 on City Council are elected. Mayor Baldwin read the Resolution as follows: RESOLUTION NO. 00-R-9 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS CERTIFYING AND DECLARING THAT THE CANDIDATES WHO FILED FOR MAYOR AND FOR PLACES 1 AND 2 ON COUNCIL, FOR THE GENERAL ELECTION OF MAY 6, 2000, ARE HEREBY ELECTED. WHEREAS, a General Election was called for May 6, 2000 for the purpose of electing a Mayor and Councilmembers for Places 1 and 2 on Council, and . WHEREAS, only one candidate tiled for Mayor, only 1 candidate filed for Place 1 on Council and only 1 candidate filed for Place 2 on Council, and each of these candidates met all required deadlines and qualifications for filing; and WHEREAS, according to the Election Laws, if all candidates are unopposed, then an elections does not have to be held and those candidates are declared to be elected; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT, the City Council of the City of Schertz hereby certifies and declares that Hal Baldwin is hereby elected to the office of Mayor, Norma Head is hereby elected to Place 1 on City Council and Joe Potempa is hereby elected to Place 2 on City CounciL Mrs. Jarman moved to approve the Resolution certifying and declaring that the candidates who filed for Mayor and Places 1 and 2 on City Council are elected. Mrs. Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Jarman, Potempa, Agee and Greenwald. NAYS: None. . -157- . Following the vote, Mr. Greenwald noted this is a fIrst for the City of Schertz. #7 RESOLUTION: Consider and take action on Resolution officially canceling the General Election for May 6, 2000. Mayor Baldwin introduced a Resolution and read the caption as follows: RESOLUTION NO. 00-R-I0 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, OFFICIALLY CANCELING THE GENERAL ELECTION CALLED FOR MAY 6, 2000. Mr. Greenwald moved to approve the Resolution officially canceling the General Election for May 6, 2000. Mrs. Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Jarman, Potempa, Agee and Greenwald. NAYS: None. #8 APPOINTMENTS: Consider and take action regarding appointment of two members to the Schertz Economic Development Commission. . Mr. Sweatt related the Economic Development Commission has recommended the appointment of Dinah Heilmann and Robert Bennett to serve two-year terms on the Economic Development Commission Board. They will be replacing Stacy Ware and Tim Fetter. Reginna Agee moved to approve the appointment of Dinah Heilmann and Robert Bennet to the Schertz Economic Development Commission Board for two-year terms. Mr. Potempa seconded the motion, which carried with the following votes: AYES: Councilmembers Jarman, Potempa, Agee and Greenwald. NAYS: None. #9 CITY MANAGER'S REPORT . Announced the Annual Easter Egg Hunt, sponsored by the Herald Newspaper, will be held at the Schertz City Park (for the first time) on April 22nd at 9:00 a.m. . Reminded Council the City employee picnic is also scheduled in the City Park later that same day - about 3 :00 p.m. . . Related the Annual Employee Remembrance Program will be held at Noon at the Public Works facility. -158- . . Noted a tentatively scheduled walk-through inspection of the new emergency services buildings is scheduled for April 12th #10 ITEMS BY COUNCIL Mrs. Jarman: . Commented it looks like they have a quorum for the Special Workshop on Saturday morning April 8, 2000 to discuss the Code of Conduct for City Council. Mr. Sweatt reported that Glyn Williams is home from his back surgery, but will be bedfast until April 28th. Information on the Code of Conduct will be exchanged bye-mail. Mayor Baldwin suggested doing a live conference call so Mr. Williams could give his input. . Remarked that since her term is ending, she believes it's time for the City Manager's evaluation. Mayor Baldwin said it's usually in July. Mrs. Jarman pointed out Tim Swinney had participated in the evaluation even though his term ended in May. Mayor Baldwin explained he left his evaluation with Council and he wants Mrs. Jarman to do the same thing. . . Mentioned at the Library Board meeting last night they heard the woes about the hailstorm and the problems it caused. Mr. Sweatt said apparently the gutters overflowed and they had to punch holes in the gutters to help the water escape. The architect assured them it was not a design fault. Mayor Baldwin asked if they lost any books and was told they lost some. Mrs. Jarman related that Librarian Gail Douglas alluded to the fact that when she gets the $100,000 grant, she will hold off for a while on getting computers. She would like the gutter problem solved first. . Reported the Humane Society will be inviting John Bierschwale, Public Works Director, to come and address them and bring his Animal Control Officers. . Stated Councilmember elect Norma Head would come to the next workshop and Regular Council meeting to become familiar with how things are done. She will be out of town for two weeks after that. Mayor Baldwin asked Mrs. Jarman if she is going to switch places and serve on the Library Board. Mrs. Jarman answered she thought it sounded sort of contrived, but Council can vote on that appointment. . Noted that when she was at Maxwell AFB, she tested for speed reading and Mr. Sweatt must be a speed reader because he gives Council a lot of interesting reading in his report. Mr. Greenwald: . Commented, for those who missed it, the BVY A opening was a lot of fun. -159- . #11 ITEMS BY MAYOR There were none. #12 ADJOURNMENT There being no further business to discuss, Mayor Baldwin adjourned the meeting at 7~p~ ' ATTEST: ~~au-~ City Secretary, City of Schertz . . ~ -160-