ccreg 08-03-1999
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REGULAR SESSION OF THE SCHERTZ CITY COUNCIL
AUGUST 3, 1999
The Schertz City Council convened in Regular Session on Tuesday, August 3,
1999 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 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 asked everyone to rise and join him in the Pledge of Allegiance to
the Flag and then Pastor Don Jeffreys of the First Baptist Church of Schertz
offered a prayer. Mayor Baldwin pointed out this is National Night Out and after
the meeting, everyone should go home, turn on their porch lights and meet their
neighbors.
#1 APPROVAL OF MINUTES: Regular Session 7-20-99
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Mrs. Jarman asked that on page 1, under Item #3, PUBLIC HEARING, in the 2nd
line of paragraph 2, that the word proscribe be changed to prescribe and that on
page 5, under #9, ITEMS BY COUNCIL, that the first sentence of paragraph 2
add the word children's before summer reading.
Mrs. Jarman moved to approve the minutes, as amended, for the Regular
Session of July 20, 1999. Mr. Greenwald seconded the motion, which carried
with the following votes:
AYES: Councilmembers Jarman, Potempa, Agee, Williams and Greenwald.
NAYS: None.
#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.
No one had signed up to speak.
#3 ORDINANCE: Consider and take action on final reading of Ordinance
regarding changes to Article ill, Sections 1.2 and 1.3 of the UDC.
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Mayor Baldwin introduced an Ordinance and read the caption as follows:
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ORDINANCE NO. 99-5-14
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING
THAT THE UNIFIED DEVELOPMENT CODE, ORDINANCE NO. 96-5-28, CITY
OF SCHERTZ, TEXAS BE AMENDED BY REVISING ARTICLE HI, ZONING
DISTRICTS AND MAP, SECTION 1.2 AND ADDING SECTION 1.3, ZONING
DISTRICTS ESTABLISHED; AND PROVIDING A REPEALING CLAUSE.
Mr. Sweatt reminded Council they had approved the first reading of this
Ordinance. It states that manufactured homes are only authorized in designated-
zoned areas, and not allowed to be substituted as a single-family home as
established in R-1, R-2, R-6 and R-6 zoned subdivisions. It also states that
residential districts should be adequately buffered from non-residential uses.
Mr. Greenwald moved to approve the final reading of an Ordinance regarding
changes to Article ill, Sections 1.2 and 1.3 of the UDC. Mrs. Jarman seconded
the motion, which carried with the following votes:
AYES: Councilmembers Jarman, Agee, Williams and Greenwald.
NAYS: Councilmember Potempa.
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#4 ORDINANCE: Consider and take action on final reading of
Ordinance regarding conversion from Yield to Stop intersections.
Mayor Baldwin introduced an Ordinance and read the caption as follows:
ORDINANCE NO. 99-0-15
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, AND
SECTION 18-35, YIELD INTERSECTIONS; AND PROVIDING A REPEALING
CLAUSE.
Mr. Sweatt told Council they had approved the first reading of this Ordinance. It
adds the following as Stop intersections: Brooks and Elm, Mitchell and Elm,
Brooks and Beacon, Mitchell and Beacon, Marilyn and Linda Court, Marilyn and
Melissa Court and Marilyn and Sharon Court. Those listed above are deleted as
Yield intersections.
Mrs. Jarman moved to approve the final reading of an Ordinance regarding
conversion from Yield to Stop intersections. Mrs. Agee seconded the motion,
which carried with the following votes:
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. AYES: Councilmembers Jarman, Potempa, Agee, Williams and Greenwald.
NAYS: None.
#5 ORDINANCE: Consider and take action on first reading of
Ordinance revising Tax Abatement Guidelines and Criteria.
Mayor Baldwin introduced an Ordinance and read the caption as follows:
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ADOPTING
REVISED GUIDELINES AND CRITERIA FOR TAX ABATEMENT AND RE-
INVESTMENT ZONES.
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Mr. Sweatt advised this ordinance had been discussed at the workshop last
week. The changes focus on manufacturing industries. One of the more
significant changes recommended is to allow a tax abatement on personal
property. Some restrictions have been added to lessen the impact of abating
personal property. The first restricts the personal property abatement to
manufacturers. The second restricts the percentage computation to capital
equipment only. The third requires a minimum of $1,000,000 in capital
equipment to qualify for an abatement. In addition, the term of the personal
property abatement will match the abatement for capital improvements,
regardless of the computed term for personal property abatement.
Another change designed to limit the impact of adding personal property
abatement is to establish a "floor" on the cost benefit ratio. It is recommended
the floor be at a ratio of 1.5 to 1. This assures that regardless of the abatement,
the City will always have a positive cash flow even after abatement.
Mark Marquez mentioned to Council that great pains had been taken to clarify
personal property in this ordinance.
Mr. Williams moved to approve the first reading of an Ordinance revising Tax
Abatement Guidelines and Criteria. 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 on Woodland Oaks Drive.
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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 18-33, ALL-WAY STOPS, AND SECTION
18-76, MAXIMUM LIMITS ON SPECIFIC STREETS; AND PROVIDING A
REPEALING CLAUSE.
Mr. Sweatt explained, as a result of a study of the traffic on Woodland Oaks
Drive, this ordinance provides for an all way stop at the intersection of Woodland
Oaks Drive and Tree Branch and a reduction in the speed from 30 mph to 20
mph on Woodland Oaks Drive from Kline Circle to Cedar Lane. The ordinance
was discussed at the workshop last week.
Mr. Williams moved to approve the first reading of an Ordinance regarding traffic
regulations on Woodland Oaks Drive. Mr. Potempa seconded the motion, which
carried with the following votes:
AYES: Councilmembers Jarman, Potempa, Agee, Williams and Greenwald.
NAYS: None.
#7 RESOLUTION: Consider and take action on Resolution authorizing
acquisition of Anthony W. Mays, Jr. and Delores Mays property.
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Mayor Baldwin introduced a Resolution and read the caption as follows:
RESOLUTION NO. 99-R-10
RESOLUTION OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING
ACQUISITION OF CERTAIN REAL ESTATE AND OTHER MATTERS IN
CONNECTION THEREWITH.
Mr. Sweatt stated this Resolution is deemed necessary as part of the closing
policy and it is recommended Council adopt it to complete the right-of-way issue.
Mrs. Jarman moved to adopt the Resolution authorizing acquisition of the
Anthony W. Mays, Jr. and Delores Mays property. Mr. Potempa seconded the
motion, which carried with the following votes:
AYES: Councilmembers Jarman, Potempa, Agee, Williams and Greenwald.
NAYS: None.
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#8 Discussion of FY 1999/2000 budget recommendations and workshop
schedule.
Mayor Baldwin inquired if they are going to review some of the proposed budget
this evening and Mr. Sweatt answered yes - if that's Council's desire, He would
at least like to review with them the workshop dates and the required public
hearing dates. The consensus of Council was to review those schedules and at
least get started on the budget by reviewing Mr. Sweatt's memo to them where
he breaks down recommended changes by departments.
The budget workshop dates and the public hearing dates were reviewed and met
the approval of Council. One of the budget workshop dates, August 25th, was
optionally scheduled, but is not a regular meeting night because of the way the
calendar falls in August. Mayor Baldwin suggested they have a budget workshop
on that date only if it's needed. Council agreed.
While reviewing the schedules, Mr. Sweatt noted the budget recommendations
were filed with the City Secretary on July 29, 1999 in accordance with the terms
of the City Charter and State law. There are some new laws regarding the tax
rate public hearings and Mr. Sweatt recommended that new members of Council
who may want to review those laws, come in and talk with either him or L.J. Cott.
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Mr. Sweatt's memo to Council contained a summary of changes to each
department as follows:
1. replacement of dictating equipment for City Manager's office;
2. reorganization of Municipal Court, addition of a clerical position,
establishment of training program for use of upgraded court software, and
addition of a copier and office equipment;
3. reorganization of tax department (due to turning collection of City taxes over
to the County) by merging it with administration personnel and water
collection personnel and renaming it business office;
4. anticipation by Planning Department for contracting of a consultant to update
the comprehensive plan;
5. establishment of two additional sergeant positions in the Police Department,
hiring of three additional patrol officers and an additional dispatch clerk,
purchase of four new vehicles, purchase of certain office equipment and
fixtures for new building, and purchase of additional PC's;
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6. establishment of three supervisory positions of captain in the Fire
Department, addition of three firefighter personnel, establishment of
inspector and training officer assignments, purchase of additional
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equipment for new building, and sharing of one-half the cost of a new
repeater with SAFES/EMS;
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7. purchase of upgraded software and training cost for implementation in
Inspection Department;
8. continuation of major street maintenance and phase 1 of major drainage
ditch excavation expenditures in the Street Department;
9. Park Department anticipates purchase of two front mowers and commercial
weed eaters and also anticipates that capital improvements for park activity
will be funded from the park dedication fund;
10. Facilities Maintenance Department projects expenditures for the re-roofing of
the Municipal Complex and of the Community Center and conversion of the
old EMS garage to a material storage and maintenance facility;
11. Animal Control Department anticipates completion of shelter enlargement
project from Guadalupe County agreement;
12. as a result of reorganization, identification of City Secretary as a department
and addition of a clerical position to that department;
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13. conversion in Library Department of one part-time position to that of full-time;
14. Non-Departmental activities anticipate increase in cost of City cable
information program and establishment of a public health and sanitation
inspection program;
15. SAFES/EMS plans to increase charges for services and share additional
cost of a radio repeater with Fire Department;
16. Expenditures in WaterlWastewater Department to include purchase of two
one-half ton pick-ups with utility boxes, additional computer and printing
equipment, hand-held meter-reading equipment, continued expansion of
lease/purchase of raw water to supplement Edwards Aquifer permit and
support Schertz/Seguin Local Government Corporation alternate water
project.
Mr. Sweatt also mentioned the following:
the capital recovery portion of the recommended budget includes a statute-
mandated engineering study of the current rates to determine adequacy;
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fleet service division anticipates a carryover from last year's estimated cost of a
portable lift combined with new funding to purchase a heavy duty lift and portable
heavy duty jacks to facilitate large equipment repair;
recycling revenues and reserves are continued as a separate account funding
the rebate program;
park improvement funds include monies paid by developers for both park
improvements and tree mitigation costs and survey and site work along FM 1518
at Cibolo Creek for additional park utilization and the purchase of ADA approved
playground equipment for replacement in the Oak Street park;
summary of debt service obligation for both General Fund and Water Fund are
part of the budget;
City is recommending continuation of the implementation of the Public Sector
Personnel consultant report to include a revised salary plan that raises the pay
schedule from 88% to 92% of last year's prevailing rate and reinstates the merit
system making available a maximum of two salary steps based on evaluation,
and recommends an increase from $8.00 to $10.00 per month per year of service
as part of the longevity incentive; health care coverage and opportunity to
enlarge benefits is expected to increase the cost of personnel services.
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After reviewing his memo to Council, Mr. Sweatt advised he was open for
questions.
Mayor Baldwin referred to the seal coating project and said he hadn't seen any
seal coating work being done. Mr. Sweatt indicated bids will be coming in on
August 5th and citizens should see the results of this project for the next 20
years.
Mayor Baldwin then asked when the last time was the Municipal Complex had
been re-roofed and Mr. Sweatt replied about 9 years ago. They have gotten
good mileage out of it.
Mrs. Jarman questioned what happened to the $15,000 that was set aside in the
FY 1998/99 budget for a consultant for the Comprehensive Plan. Mr. Sweatt
replied it was not an adequate amount and the project was shelved. Mrs.
Jarman then inquired if they still have that money and was told they do.
Mr. Potempa stated he understood that after two years the recycling fee would
no longer be collected from citizens. Mr. Sweatt pointed out they are using the
proceeds to buy down the water rate. Mayor Baldwin added that when recycling
is profitable, they could do away with the fee.
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Mr. Potempa asked if recycling is reviewed every year and if the water rates are .
going down. Mr. Sweatt answered the rates are not anticipated to go down this
year. The recycling proceeds are lower and they are projecting to use those
proceeds to buy down the rate. They will probably come back with a rate
increase next year.
Mr. Greenwald suggested using some of the proceeds for advertising the
recycling program since we have a lot of new residents. Mr. Williams mentioned
seeing recycling materials (bins, etc.) in ditches along FM 3009. Mr. Sweatt
commented they are trying to coordinate new customer accounts with the
provision of bins and he thinks it has been working. Mr. Williams asked if it is a
requirement for Waste Management to advertise recycling and Mr. Sweatt replied
no, but it sure would help.
Mr. Sweatt then went on to say the figures, such as the proceeds and the amount
of waste kept out of landfills, are provided in the Newsletter. Mr. Williams
inquired how many customers the City has and Mr. Sweatt answered roughly
5100. Mr. Williams then stated it's another form of taxation - it is not costing the
City anything, but it costs the taxpayer. Mr. Sweatt asked Mr. Williams if he
wants to pay for recycling through the tax rate. Mayor Baldwin added it was
voted on by the citizens and they felt it was worth it. We knew going in it was a
losing deal.
Mr. Potempa remarked the whole City is not participating, specifically apartment .
complexes. There are no recycle bins located at the apartment complexes.
Mayor Baldwin pointed they had problems in the past with people putting trash
(not recyclables) in the bins at the apartment complexes. There was a brief
discussion about changing the recycling program.
Mr. Williams referred to the reorganization of the former Tax Department and
asked if the City is getting new billing personnel. Mr. Sweatt answered they will
continue to do as they have been doing. The former Tax Department, now
Business Office Department, will merge into that department one position from
Administration and two positions from Water.
Mr. Williams then inquired about the proposed purchase of additional data
processing equipment for the Police Department. Mr. Sweatt replied these are
extra and are not anticipated until the move to the new building. They will get
them at the same rate as that equipment purchased previously. They chose to
include them in this budget.
The next thing Mr. Williams questioned was the purchase of upgraded software
and training for the Inspection Department. He thought when Council approved
the purchase of new software, it was a system that was good for the whole City.
Mr. Sweatt indicated there are some departments which require special
customized systems.
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. Referring to the paragraph about SAFES increasing their charge for services, Mr.
Williams asked if they are considering contracting out some of their non life-
threatening services. Has it been suggested they refer those services to Metro
Ambulance and keep the high-risk services? Mr. Sweatt answered SAFES
doesn't do routine transports, but they are required to go if a person calls
because they are the provider of emergency services.
Mrs. Agee stressed she doesn't think SAFES has the medical expertise to make
the call as to whether or not the person is in a life-threatening situation. That
would be opening up the City to the possibility of a big liability suit. Mrs. Agee
asked if the City has back up in case all units are busy and Mr. Sweatt replied
yes they do. They have several other entities which are available for back up.
Mayor Baldwin, stating this is sort of a conflict of interest for him because his
daughter owns Metro Ambulance, said there is a certain protocol every
ambulance has to follow. Almost everyone who calls an ambulance is in a state
of panic.
Mr. Sweatt emphasized the declaration of an emergency is not up to SAFES, the
patient declares that when they call in and we have to respond. If Council feels
SAFES should be on stand-by, it will require the retooling of all contracts.
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Barry Halvorson of the Seguin Gazette-Enterprise asked how many times over
the past year all ambulance units were out and not able to respond. Mr. Sweatt
answered he didn't know those figures.
Mrs. Agee commented if we get to the point of making a judgment call and
something happens, just one time in the interim, the City would be sued. Mrs.
Agee then asked if the rates charges by SAFES aren't a lot lower than others
and if they are raised, won't that discourage non-emergency calls.
After more discussion, Mr. Greenwald suggested that after the budget process is
over, they talk about this further and find out if any of these ideas are worth
pursuing.
Mr. Greenwald had some questions about franchise fees and about New
Braunfels Utilities and was assured by Mr. Sweatt they had all been included in
the budget.
Mayor Baldwin mentioned the City needs a vehicle that can navigate in deep
water and wondered if there are any plans to purchase one. Mr. Sweatt replied
they have one. Mayor Baldwin then noted it needs to be one you can put people
in and Mr. Sweatt admitted you couldn't do that in the one they have.
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Mayor Baldwin stated he hates to see the siren be eliminated once the Fire .
Department moves into their new building. He then noted he doesn't know if he
can get Council to support it, but they need sirens all over town, especially in
emergency situations. Mr. Sweatt pointed out the emergency services people
feel sirens are an ineffective way to handle emergency situations. Mayor
Baldwin reminded everyone he will be running for re-election in May and he
promised sirens.
Mr. Potempa agreed with the fact they need a good warning system in the City.
This should include some kind of audio warning. There was a brief discussion on
warning systems and Mayor Baldwin acknowledged they need to talk more about
it later. Mr. Potempa commented education of the public about warning systems
is very important.
#9 CITY MANAGER'S REPORT
· Advised the City has completed purchase of the HP property for location of
the second parking lot along FM 78.
· Announced Tom Funk, former SAFES/EMS Director, passed away and there
will be a memorial service at 11 :00 a.m. this Thursday at the Guadalupe
County Memorial Park off Highway 46. There will be no funeral service, no
church service or visitation.
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· Noted Enterprise Rent-A-Car will have a ribbon cutting at 11 :30 a.m. this
Thursday.
#10 ITEMS BY COUNCIL
Mrs. Jarman:
· Referred to the chlorine leak incident and said when she went home, there
was a message from Mr. Sweatt on her answering machine. She had been at
the park. She didn't say she wished someone had warned her, but hoped
everyone not home had some warning.
· Reported there was a meeting of the Library Board last night and she enjoys
attending because they are always lots of fun. Librarian Gail Douglas
reported the contractor had done a good job on the entry. The bricking
process is slow. However, when Ms. Douglas talked with the architect and
the contractor, they felt everything should be ready by September 30th. A
bobcat demolished the book drop and the sub-contractor is supposed to pay
for a new one. The contractor said he will withhold the sub-contractor's fee
until the book drop is delivered. There had been a request for a new book
drop in the budget, but it was denied. Mr. Sweatt commented he kidded Ms.
Douglas about getting a new book drop one way or another. Also, the issue
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has come up about where to locate the bookstore. The section where the
children's programs will be held is being moved to where the bookstore is
currently located. Approximately 2/3 of the current meeting room will be used
for the bookstore. The sink and refrigerator area will be made smaller.
Norma Head and her husband did some major clearing out. Since the
meeting room is now the bookstore, they understand GVEC and the Housing
Authority both have meeting rooms.
Mr. Williams:
· Thanked the Inspection Department for removing lots of signs this past
weekend.
· Commented since he's new, he will have lots of questions about the budget.
· Announced he won't be here for the workshop meeting next week because he
will be out of town.
#11 ITEMS BY MAYOR
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· Inquired about the status of the creek clean-up. Mr. Sweatt said he had
spoken with Mr. Martin today and due to complications, it will be late fall
before the project can get moving.
#12 EXECUTIVE SESSION: Called under Chapter 551 Texas Government
Code, Sub-5ection 551.072, Deliberation Regarding Real Property.
Mayor Baldwin asked Mr. Sweatt if they need to have the Executive Session and
was told they do not.
#13 Action, if any, on above Executive Session
Since there was no Executive Session, no action was required.
#14 ADJOURNMENT
There being no further business to discuss, Mayor Baldwin adjourned the
meeting at 9:01 p.m.
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ATTEST:
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City Secretary, City of Schertz
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