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ccreg 09-19-2000 .' .r . . . REGULAR SESSION OF THE SCHERTZ CITY COUNCIL SEPTEMBER 19, 2000 The Schertz City Council convened in Regular Session on Tuesday, September 19, 2000 at 7:00 p.m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Hal Baldwin, presiding; Councilmembers Norma Head; Joe Potempa; Reginna Agee; Glyn D. Williams and Ken Greenwald. Staff present were Interim City Manager Steve Simonson and City Secretary Norma Althouse. Mayor Baldwin welcomed everyone and then invited them to rise and join him in the Pledge of Allegiance to the Flag. Following the Pledge, the Mayor read a Proclamation declaring the week of September 18-24 as "Lawsuit Abuse Awareness Week" in the City of Schertz. No one was present to receive the Proclamation. Mayor Baldwin then introduced Jacob Valesco, President of the Samuel Clemens Student Council. #1 APPROVAL OF MINUTES: Special Workshop Session Regular Session 07-12-00 07-18-00 Mr. Greenwald moved to approve the minutes, as written, for 7-12-00 and 7-18-00. Mrs. Head seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Potempa, Agee, Williams and Greenwald. NAYS: None. #2 HEARING OF RESIDENTS George Mower of 501 Brooks Avenue stated that at the September 5, 2000 Council meeting, Mayor Baldwin intimated he had never contributed anything to the City. Mr. Mower pointed out that among the things he had contributed were clarification of the Junked Vehicle Ordinance, allowing his pick-up to be parked with political signs on it in areas with other political signs, and bringing to light the fact there were illegal members on the TIF Board. Leon Davis of 1017 Gettysburg spoke about the tax rate and asked why it is being raised. Mayor Baldwin informed him that he would see, when they have the public hearing this evening, that the rate has actually gone down. #3 PUBLIC HEARING: To receive citizen comments regarding the FY 2000/2001 budget. 306 .' .' . Mayor Baldwin explained the procedures to be followed for the public hearing. Mr. Simonson and Vijay Jain, Comptroller, gave a slide presentation and explained the revenues and expenditures of the budget. Mr. Mower asked when a copy of the budget would be available and Mr. Simonson answered tomorrow. Mr. Mower then reminded him there should also be a copy at the library. Mr. Simonson stated there would be one at each place tomorrow - at the counter of the Municipal Complex and at the library. Mr. Mower then indicated he would like to buy a copy and Mr. Simonson told him that could be arranged. Mr. Williams observed they had never gone over the final SAFES budget. The first time he saw it was when he got his packet on Friday night. There being no other questions or comments, Mayor Baldwin closed the public hearing at this time. #4 ORDINANCE: Consider and take action on emergency reading of Ordinance regarding the proposed tax rate for FY 2000/2001. Mayor Baldwin introduced an Ordinance and read the caption as follows: ORDINANCE NO. 00-T-23 . LEVYING AND ASSESSING ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF SCHERTZ, TEXAS, FOR THE YEAR 2000; PROVIDING THE BASIS OF ASSESSMENT OF ONE HUNDREDPERCENT (100%) APPRAISED VALUE AND PROVIDING FOR THE COLLECTION THEREOF AT THE RATE OF 0.3405 ON THE ONE HUNDRED DOLLAR ($100.00) ASSESSED VALUATION; AND DECLARING AN EMERGENCY. Mr. Simonson explained this tax rate is one-half cent lower than last year. Mrs. Agee moved to approve the emergency reading of an Ordinance regarding the proposed tax rate for FY 2000/2001. Mr. Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Agee, Williams and Greenwald. NAYS: Councilmember Potempa. #5 ORDINANCE: Consider and take action on emergency reading of Ordinance regarding the budget for FY 2000/2001. . Mayor Baldwin introduced an Ordinance and read the caption as follows: 307 .' . . . ORDINANCE NO. 00-M-24 PROVIDING FUNDS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2000 AND ENDING SEPTEMBER 30, 2001, 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. Mr. Williams referred to paragraph 11 regarding the 20-year retirement and said he didn't think Council wanted that. Mr. Simonson noted they were coming on line with surrounding cities, but it can be taken out. The consensus of Council was to take it out. Mr. Williams then referred to page 35, line 2554 where an amount went from $4000 to $6000. Why the increase? Mr. Jain explained it is related to software maintenance and he has been refining the budget. Mr. Williams then pointed out this was dropped on Council Friday night in their packets. How many other items have changed? For example, how were the salaries for SAFES computed? Mr. Jain answered the same as they are computed for the Fire Department - 24 hours on and 48 hours off. Mr. Simonson explained they need cross training of all departments. It is illegal without it. Mayor Baldwin commented he thought they told everyone they would run three ambulances, twenty-four hours a day. The budget is predicated on two ambulances, twenty-four hours a day with a supervisor. Mr. Simonson acknowledged they are still putting the numbers together and legal counsel is overseeing it. Mr. Williams then questioned when this will go into effect and Mr. Simonson answered they are currently taking applications and hope to get it incorporated by mid-October. Mr. Potempa wondered if they would have to attend school at A&M and was told no. He then inquired if they would receive on-the-job-training and Mr. Simonson replied yes. They would get better utilization of manpower for the money. Mr. Williams asked how they computed the requirements and Mr. Simonson answered by working with people who know how to put these things together. Mr. Williams questioned what's going to be done about City vehicles being used for personal reasons. He then described violations he had been told about such as picking up children from school and taking cars home. Mr. Simonson indicated the policy of the former City Manager allowed these particular uses for anyone on twenty-four hour call. He met with SAFES personnel and there are lots of allegations on his desk. He can only do the best he can do to sort out all these allegations. 308 ." .' . . . Mr. Potempa then referred to the travel expense line for management services, specifically economic development, and stressed we don't need three trips to California each year. Schertz is growing and we don't need to beg people to come here. He is in favor of eliminating the travel expense. Mr. Greenwald pointed out the economic development trips taken 5 to 6 years ago are just coming to fruition now. Mayor Baldwin reminded Council they need to remember the economic development person also belongs to the San Antonio Corridor Council. Mayor Baldwin then suggested, since there is so much to be discussed yet, they schedule a workshop session next Wednesday night and take action on the budget at that time. You can't pay people if the budget is not approved. Mr. Greenwald pointed out if the new budget is not approved, then you go back to last year's. Mrs. Agee commented she doesn't think you cannot nit pick a budget line item by line item. She moved to table emergency reading of the Ordinance to approve the budget for FY 200/2001 and put it on next Wednesday's meeting for approval. Mr. Williams stated he won't be here next Wednesday and he objects to getting changes to the budget every time. Everything seems to be fluid. Mrs. Agee's motion died for lack ofa second. Mr. Greenwald moved to approve the budget as it stands, with the exception of the 20- year retirement, and look at it again in 90 days and in six months. Mrs. Head seconded the motion. Mayor Baldwin admitted it could be amended any time. Mr. Potempa, saying he had been asking for information from staff for the last six months, said he would go along with 90 days. At this time the vote was taken and the motion carried as follows: AYES: Councilmembers Head, Potempa, Agee and Greenwald. NAYS: Councilmember Williams. After the vote, Mayor Baldwin stated they have asked the Interim City Manager to take on a monstrous task, especially since he is not the one who put together the budget. Going back to the discussion about SAFES, Mr. Williams stated the 24-hour shifts are the most economical, and the 8-hour shifts are what he calculated and they haven't changed. #6 ORDINANCE: Consider and take action on the final reading of an Ordinance regarding Food Establishment Permit Fees. Mayor Baldwin introduced an Ordinance and read the caption as follows: 309 . ORDINANCE 00-M-26 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AMENDING THE CODE OF ORDINANCES, CHAPTER 7 1/2, HEALTH, SECTION 14, PERMITS REQUIRED, ETC., PARAGRAPH (c) 1, FOOD ESTABLISHMENT FEES - SCHEDULE OF FEES, EXHIBIT 1; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Potempa moved to approve the final reading of an Ordinance regarding Food Establishment Permit Fees. Mr. Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Potempa, Agee, Williams and Greenwald. NAYS: None. #7 ORDINANCE: Consider and take action on emergency reading of Ordinance regarding changes in school zone signs. Mayor Baldwin introduced an Ordinance and read the caption as follows: ORDINANCE NO 00-D-27 . BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS, TEXAS E AMENDED BY REVISING ARTICLE IV, SPEED REGULATIONS, SECTION 18-75, MAXIMUM LIMITS IN SCHOOL WNES; AN D PROVIDING AN EFFECTIVE DATE; PROVIDING A REPEALING CLAUSE; AND DECLARING AN EMERGENCY. Mr. Simonson reminded Council this Ordinance would make sure all the signs read the same hours - 7:00 a.m to 9:00 a.m and 2:30 p.m. to 4:30 p.m. Mrs. Agee moved to approve an emergency reading of the Ordinance regarding changes in school zone signs. Mr. Potempa seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Potempa, Agee, Williams and Greenwald. NAYS: None. #8 ORDINANCE: Consider and take action on first reading of Ordinance regarding Stop Signs at Prairie Lane and Schertz Parkway and Stop Signs at Doerr Lane and the Union Pacific Railroad crossing. . Mayor Baldwin introduced an Ordinance and read the caption as follows: 310 . 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 - DESIGNATED GENERALLY; AND PROVIDING A REPEALING CLAUSE. Mr. Potempa moved to approve the first reading of an Ordinance regarding Stop Signs at Prairie Lane and Schertz Parkway and Stop Signs at Doerr Lane and the Union Pacific Railroad crossing. Mrs. Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Potempa, Agee, Williams and Greenwald. NAYS: None. #9 ORDINANCE: Consider and take action on emergency reading of Ordinance regarding Water Drought Plan. . Mayor Baldwin introduced an Ordinance and read the caption as follows: ORDINANCE NO OO-F -25 BY THE CITY COUNCIL OF mE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING SECTION 19-96, DROUGHT CONTINGENCY PLAN FOR PUBLIC WATER SUPPLY; AND PROVIDING A REPEALING CLAUSE; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. Mr. Simonson advised they are making changes to the original drought plan because the Edwards keeps changing its mind. He read the changes to Stage 3 as follows: (a) Residential Landscape watering by sprinkler system, soaker hose or in-ground irrigation system is restricted to one day every other week as specified in Stage 1 and 2 beginning on the second Monday after Stage 3 has been declared and is limited to the morning hours of 3:00 a.m. to 8:00 a.m. and the evening hours of 8:00 p.m. to 10:00 p.m. (b) Watering with hand-held bucket, hand-held hose, or properly installed drip irrigation system is allowed Tuesday, Thursday and Saturday, but limited to the morning hours of3:00 a.m. to 8:00 a.m. and the evening hours of8:00 p.m. to 10:00 p.m. . (c) Soaker hoses may be used for foundation watering. 311 . Mr. Greenwald moved to approve the emergency reading of an Ordinance regarding Water Drought Plan. Mrs. Head seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Potempa, Agee, Williams and Greenwald. NAYS: None. After the vote, Mr. Williams verified that the City of Schertz is still in Stage 2 and does not have a sprinkler ban. #10 Consider and take action setting public hearing date on request from Larry Aiken to rezone property from R-1 and R-4 to R-5. Mr. Simonson explained this would be the rezoning of the Besch property. According to the City Secretary, October 17,2000 would be the next best date for a public hearing. Mrs. Head moved to set a public hearing date of October 17, 2000 for the request from Larry Aiken to rezone property from R-l and R-4 to R-5. Mr. Greenwald seconded the motion, which carried with the following votes: . AYES: Councilmembers Head, Potempa, Agee, Williams and Greenwald. NAYS: None. #11 Consider and take action setting a public hearing date on a request from Annie F. Adams/Faye B. McCuistion, on behalf of the SCUC lSD, for a Specific Use Permit. Mayor Baldwin introduced David Fluker of the School District who was present to answer questions. Mr. Fluker said the property goes from Elbel to the Railroad at FM 78. It parallels the back of the Village Subdivision and parallels the back of the barns and power station on Elbel Road. The intent is to put in an atWetic facility, which includes two softball fields and two soccer fields and eventually an indoor swimming pool. There are no plans for a football stadium. Mr. Simonson advised the City Secretary has indicated October 17, 2000 would be the next best date for a public hearing. Mr. Greenwald moved to set a public hearing date of October 17, 2000 for the request from Annie F. Adams/Faye B. McCuistion, on behalf of the SCUC lSD, for a Specific Use Permit. Mrs. Head seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Potempa, Agee, Williams and Greenwald. . NAYS: None. 312 ~. . #12 Consider and take action on request for extra funds for the Cibolo Creek Clean-Up Project. Mr. Simonson related they are asking for an extra $24,075 for the Cibolo Creek Clean-Up Project. This would allow $72,225 in federal money. Mr. Williams noted he had read in the Seguin-Gazette that Commissioner Wolverton is challenging the contractor's request for more money. Mr. Simonson pointed out Bexar County is the agent overseeing this project and Schertz is following what other in the area, i.e. Selma, are doing. Mr. Greenwald moved to approve an extra amount of $24,075 for the Cibolo Creek Clean-Up Project. Mrs. Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Potempa, Agee, Williams and Greenwald. NAYS: None. #13 CITY MANAGER'S REPORT . · Reported he has been getting calls about tearing down the old Fire Department building. Someone has offered to do it for free. Does Council have any decision on this? Council suggested Mr. Simonson look into it further and then they would discuss it. · Related the siren is set up in the park. They are currently working out the signal system · Noted the 200 Street Repair Project is scheduled to start September 26th. · Announced that on September 21st at 9:00 a.m, Dr. Stigall is having an Open House to introduce his new medical group. Mr. Agee noted he is associated with the 24- hour clinic downtown because she had to use it. #14 ITEMS BY COUNCIL Mr. Potempa: · Commented the parking lot by Burch is still being used by Burch employees. Mr. Simonson promised to check into it. . · Referred to Riedel's bandit signs and said two were stolen and nine were trampled. He told them to file a police report to try and fmd out who did it. 313 ? . Mr. Williams: · Informed Council he had spoken with the new editor of the Herald Newspaper about articles and about legal notices. Maybe we can get the Chamber to help out. Mayor Baldwin commented, as far as legal notices, they need a second class mailing permit. · Remarked he called the Police Department about an illegal garage sale sign and they removed it. Mr. Greenwald: · Mentioned that former Councilmember Charles McDonald is running for the Justice of Peace for Precinct #3. · Reported attending the POW/MIA ceremony Sunday at the VFW and they had a very interesting talk from an ex Air Force Colonel. · Noted Council should be getting a letter from Planning and Zoning regarding appointment of terms for its Commissioners. #15 ITEMSBYMAYOR . · Reminded the Council of the Region 8 TML meeting in Converse this Friday night. As far as he knows, only he and Mrs. Head are going. #16 EXECUTIVE SESSION: Called under Chapter 551 Texas Government Code: A. Sub-Section 551.072, Deliberation regarding real property; and B. Sub-Section 551.074, Personnel Matters, to deliberate the employment ofa new City Manager. An Executive Session was held from 8:45 p.m. until 10:03 p.m #17 Action, if any, on above Executive Session. A. Mayor Baldwin advised the City is not interested in the real property at this time. B. Mr. Williams moved to notify Johnson & Associates to start their executive search for a new City Manger. Mr. Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Potempa, Agee, Williams and Greenwald. NAYS: None. . 314 - #18 ADJOURNMENT There being DO further business to discuss, Ma~d~jOurned the meeting at 10:05p.m . (o'j~ Mayor, City of Schertz, Texas ATTEST: r ~~I 12&:/~-a~ City Secretary, City of Schertz . . 315