ccreg 10-15-1996
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REGULAR MEETING OF THE CITY COUNCIL
OCTOBER 15, 1996
The Schertz City Council convened in Regular Session on
Tuesday, October 15, 1996 at 7:00 p.m. in the Council
Chambers of the Municipal Complex, 1400 Schertz Parkway,
Schertz, Texas. The following members were present: Mayor
Pro Tem Charles McDonald, presiding; Councilmembers Earl
Sawyer; Timothy Swinney and Ken Greenwald. Absent: Mayor
Hal Baldwin and Councilmember Joe Potempa. Staff present
were City Manager Kerry Sweatt and City Secretary Norma
Althouse.
Mayor Pro Tern McDonald, presiding over the meeting in the
absence of Mayor Hal Baldwin, asked everyone to rise and
join him in the Pledge of Allegiance to the flag.
#1 APPROVAL OF MINUTES: Special Session 8-14-96
Regular Session 8-20-96
special Session 8-21-96
Mr.
the
and
the
Sawyer moved to approve the
Special Session 8-14-96, the
the Special Session 8-21-96.
motion, which carried with the
minutes, as written, of
Regular Session 8-20-96
Mr. Greenwald seconded
following votes:
AYES: Councilmembers Sawyer, Swinney and Greenwald.
NAYS: None.
#2 HEARING OF RESI~".\~S:
speak on agenda items (other
items not on the agenda, will
Those citizens wishing
than public hearing items)
be heard at this time.
to
or
No one had signed up to speak.
#3 ORDINANCE: Consider and take
reading of ordinance granting
credit/annuity changes to TMRS.
action
updated
on final
service
Mayor Pro Tern McDonald introduced an ordinance and read the
caption as follows:
ORDINANCE NO. 96-M-32
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING
THE TEXAS MUNICIPAL RETIREMENT SYSTEM (TMRS)
"UPDATED SERVICE CREDITS" IN SAID SYSTEM ON AN
ANNUAL BASIS FOR SERVICE PERFORMED BY QUALIFYING
MEMBERS OF SUCH SYSTEM WHO AT THE EFFECTIVE DATE
OF THE ALLOWANCE ARE IN THE EMPLOYMENT OF THE
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CITY OF SCHERTZ; PROVIDING FOR INCREASED PRIOR
AND CURRENT SERVICE ANNUITIES FOR RETIREES AND
BENEFICIARIES OF DECEASED RETIREES OF THE CITY;
AND ESTABLISHING AN EFFECTIVE DATE FOR THE
ORDINANCE.
Mr. Sweatt advised this is the second and final reading of
this ordinance. It provides for an updated service
arrangement and effectively recalculates the City's note
with TMRS. It calculates retirement benefits to employees
as if they were making their current salary for the last
three years and also grants up to 70% of the change in the
Consumer Price Index for annuity increases for retirees or
dependents of retirees. The ordinance provides for this to
be automatically recalculated each January unless otherwise
directed by Council.
Mr. sawyer moved to approve the final reading
ordinance granting updated service credit/annuity
to TMRS. Mr. Greenwald seconded the motion, which
with the following votes:
AYES: Councilmembers Sawyer, Swinney and Greenwald.
of the
changes
carried
NAYS: None.
#4 ORDINANCE: Consider and take
reading of ordinance providing emergency
for restricted entry developments.
action on first
access regulations
Mayor Pro Tern McDonald introduced an ordinance and read the
caption as follows:
AN ORDINANCE
REGULATING THE USE OF RESTRICTED :".\~^~ ACCESS
S...."'~.,..~ IN GATED RESI~.......IAL ..."."...opt..,...".:>; AND
PROVIDING FOR CIVIL AND CRIMINAL PENALTIES FOR
VIOLATIONS THEREOF IN AN AMOUNT NOT TO EXCEED
$500.00.
Mr. Sweatt distributed a revised copy saying the only
changes are under penalties. The ordinance in San Antonio
provided for an administrative hearing and that had been
removed from the City'S original draft, but they neglected
to remove a section on penalties pending results of the
administrative hearing. Chief Smith is present to answer
any questions Council may have.
Mr. Greenwald asked if they had talked to any of the new
gated community developers yet. Mr. Sweatt replied no,
but they had verified that all of the electronic pads could
be set with the same key. After reviewing that however,
they felt it might not be appropriate because of the chance
of compromising the security. They still believe an
individually assigned access code is the best way to go.
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Mr. Swinney inquired if all emergency vehicle will have a
book of keypad codes for each community. Chief Smith
explained what they will do is provide the administrator of
every department with the codes and they would be available
for each crew as they go out. If at a certain point in
time they feel like there's a problem with compromising the
security, then they will notify the gated communities in
question and have them go out and change the codes. That's
also why they feel it would be better for the gated
communities to establish their own codes.
Mr. Swinney then asked if the codes would be kept in the
vehicles or with the dispatcher and Chief Smith replied in
both locations. It would be a restricted book that would
have to be checked out through the department head.
Mr. Swinney expressed some concern about accountability
and Mr. Sweatt indicated that if an emergency should occur
and for some reason they can't find the code, they are
prepared to read it over the air. Of course after that,
the code would have to be changed. Chief Smith added they
are also prepared to break through the gate by force.
Mayor Pro Tem McDonald mentioned he had worked at a
facility where each person had their own security code and
it was monitored. He didn't know if this could be that
sophisticated or not. Mr. Greenwald observed it could be
as simple or as sophisticated as they want it to be. Chief
Smith emphasized they are trying to come up with a system
which has the least amount of hassle for everyone involved.
Mr. Swinney understood the concern regarding
confidentiality, but stated he's not real comfortable with
the accountability. Chief Smith stressed they will build
as many safeguards into it as possible.
Mr. Sawyer moved to approve the first reading of an
ordinance providing emergency access regulations for
restricted entry developments. Mr. Greenwald seconded the
motion, which carried with the following votes:
AYES: Counci1members Sawyer, Swinney and Greenwald.
NAYS: None.
#5
reading
Schertz
ORDINANCE: Consider and
of an ordinance regarding
Parkway.
take action on first
traffic control issues on
Mayor Pro Tem McDonald 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,
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 commented that as a result of observing traffic
conditions and projecting traffic concerns on Schertz
Parkway, this ordinance proposes to accomplish several
things. It proposes to decrease the speed limit on Schertz
Parkway from IH-35 to 100 yards north of Savannah Drive to
40 mph and to decrease the speed limit on Schertz Parkway
from a point 100 yards north of Savannah Drive to the Live
Oak Road intersection to 35 mph. It also proposes to set
up all-way stops at the intersections of Savannah Drive and
Schertz Parkway and Ashley Park and Schertz Parkway.
Mr. Sweatt went on to say they are aware of Council's
concern, particularly for the three-way stop intersection
at Savannah Drive. Visibility is a problem and street
lights have been ordered from GVEC. It is anticipated some
preparatory signs warning of the stop ahead will be placed
on Schertz Parkway. Slinnerv When Wet and ~urves Ahead
signs have been ordered.
If all this is not effective in controlling traffic, there
may be a need for other measures such as signals, if that's
the wish of Council. Mr. Sawyer asked how much signals
would cost and Mr. Sweatt replied a minimum of $50,000.
Mr. Sawyer then asked Mr. Sweatt if he thinks slowing
down traffic on Schertz Parkway will transfer a lot of it
over to FM 3009. Mr. Sweatt answered it's possible.
Traffic counts are being run currently and it looks like
there are approximately 5,000 cars per day using Schertz
Parkway. Mr. Sawyer pointed out Savannah Drive and
Schertz Parkway will be a school crossing and we need to
start controlling traffic there now. Mr. Sawyer then
suggested checking into the consideration of traffic
signals at the next budget time.
There was a brief discussion about the purchase,
installation, maintenance and function of traffic signals
and Mayor Pro Tem McDonald asked if the State would be
included in the process. Mr. Sweatt replied no because
Schertz Parkway is not a State highway.
Mr. Swinney thought they should discuss
possibility of more traffic on FM 3009.
aggravated to the point there will be more
there than there is currently on Schertz
Sawyer indicated there will be a problem
people are always in a hurry.
further the
Will it be
of a problem
Parkway? Mr.
and observed
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Mayor Pro Tem McDonald stated he doesn't know of any
alternative. Mr. Sawyer suggested petitioning TXDoT again
for more traffic control signals along FM 3009 and getting
the homeowners associations involved by writing letters.
Mr. Swinney asked if an engineering analysis had been done
as far as where the traffic control signs are and how
traffic is affected. Anytime you do something with stop
signs, speeds, etc., are engineering studies required?
There was a brief discussion about this with Mr. Swinney
saying that before the stop signs are installed, he would
like to make sure that under the laws of physics, a vehicle
can stop. Somebody has to have standards by which these
things are calculated. Mr. Sawyer noted he was sure Mr.
Sweatt had some of his safety experts study these traffic
situations and check them out before coming to Council with
recommendations for stop signs. Mr. Sawyer also stated he
is against putting up these stop signs, but he doesn't know
what else to do. Mr. Swinney indicated he would lean
toward tabling this ordinance until the City can get
further information about FM 3009 as far as some kind of
coordination between the City and TXDoT. Mayor Pro Tern
McDonald observed they need to slow traffic down on Schertz
Parkway in the meantime.
Mr. Swinney moved to table approval of the first reading
of the ordinance regarding traffic control issues on
Schertz Parkway until other options are studied and an
effort is made to get more traffic controls on FM 3009.
The motion died for lack of a second.
Mr. Sawyer moved to approve the first reading
ordinance regarding traffic control issues on
Parkway. Mr. Greenwald seconded the motion, which
with the following votes:
AYES: Councilmembers Sawyer, Swinney and Greenwald. .
of an
Schertz
carried
NAYS: None.
#6 ORDINANCE: Consider and
reading of ordinance regarding
Department fees.
take action
changes to
on first
Inspection
Mayor Pro Tern McDonald 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,
CITY OF SCHERTZ, TEXAS, BE M..o..,~.... BY REVISING
SECTION 5-16, AMENDMENTS, A,:"'.....,IX BIOI, PERMIT
FEES AND A,:",""uIX BIOS, PLAN CHECKING FEE; AND
PROVIDING A REPEALING CLAUSE.
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Mr. Sweatt reminded Council that in the budget they had
discussed two proposed changes in items related to building
services fees. It is proposed to change the fee for
reinspection from $18.00 to $35.00. This is more for
encouraging compliance rather than for generating revenue.
It is also proposed to change the plan check fee from 25%
of the building permit fee or $150.00, whichever is less,
to one-half of the building permit fee.
Saying it was about time, Mr. Sawyer moved to approve the
first reading of an ordinance regarding changes to
Inspection Department fees. Mr. Swinney seconded the
motion, which carried with the following votes:
AYES: Councilmembers Sawyer, Swinney and Greenwald.
NAYS: None.
fact
30th.
#7 CITY MANAGER'S REPORT: Called attention
the next meeting is a workshop scheduled for
He then wished everyone a Happy Halloween.
to the
October
#8 ITEMS BY COUNCIL: ~r. Sawver: Referred to the
traffic discussion they had this evening and said they
didn't mention they are asking for the framing of a traffic
impact ordinance and are considering requiring that future
developers do a traffic impact study.
Mr. Swinnev:
football game
submitting his
Honor.
A. Mentioned he had a great evening at
last Friday and thanked everyone
nomination to the Samuel Clemens Hall
the
for
of
B.
was
6th.
Inquired when the City's Christmas party will be and
told by Mr. Sweatt it is tentatively set for December
#9 ITEMS BY MAYOR: There were none.
#10 ADJOURNMENT: On a motio~ by Mr.
seconded by Mr. Greenwald and unanimously
meeting was adjourned at 7:48 p.
Swinney
carried,
and
the
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Tern, City or Schertz, Texas
ATTEST:
~(ll'+:~
City Secretary, City of Schertz
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