ccreg 09-19-2000
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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.
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. 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
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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.
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Mayor Baldwin introduced an Ordinance and read the caption as follows:
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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.
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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:
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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
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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.
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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 -
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.
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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.
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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:
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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.
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NAYS: None.
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#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
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· 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.
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· 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.
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· 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
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· 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.
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#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:
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City Secretary, City of Schertz
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