Loading...
ccreg 08-03-1999 . 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 . 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. . -251- Mayor Baldwin introduced an Ordinance and read the caption as follows: . 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. . #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: . -252- . 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. . 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. . -253- Mayor Baldwin introduced an Ordinance and read the caption as follows: . 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. . 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. . -254- . #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. . 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; . 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 -255- equipment for new building, and sharing of one-half the cost of a new repeater with SAFES/EMS; . 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; . 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; . -256- . 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. . 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. . -257- 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. . -258- . 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. . 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. . -259- 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. . · 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 . -260- . 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 . · 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. . -261- ATTEST: ~L/~~ City Secretary, City of Schertz . . . -262-