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ccreg 11-21-1995 REGULAR MEETING OF THE CITY COUNCIL November 21, 1995 The Schertz City Council convened in Regular Session on Tuesday, November 7, 1995 at 7:00 p.m. in the Council Chambers of the Municipal Complex, 1400 Schertz Parkway, Schertz Texas. The following members were present: Mayor Hal Baldwin, presiding; Charles McDonald; Joe Potempa; Earl Sawyer; Timothy Swinney 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. Nolan Edwards of the Schertz Business Association was unable to attend the meeting, so Mr. Sweatt announced that Denise Granger had been chosen the Employee of the Quarter. The benefits of receiving this honor are that she will receive a plaque from the Schertz Business Association, a free meal for herself and a companion, and a day off. Mr. Sweatt was pleased to see that Ms. Granger had been selected for this award. #1 HEARING OF RESIDENTS: No one had signed up to speak. #2 Appointment of Mayor Pro Tern Mr. Sweatt reminded Council the Mayor Pro Tern is selected on a rotational basis. Mr. Swinney, Councilmember Place #4, has served as Mayor Pro Tern since May of this year. It is now appropriate to appoint Mr. Greenwald, Councilmember Place #5, as Mayor Pro Tern for the next six months. Mr. Pro with Sawyer moved to appoint Councilman Greenwald as Mayor Tern. Mr. McDonald seconded the motion, which carried the following votes: AYES: Councilmembers McDonald, Swinney. Potempa, Sawyer and NAYS: None. ABSTENTIONS: Councilmember Greenwald. #3 ORDINANCE: Consider and take action on final reading of an ordinance rezoning five (5) acres of land from Single-Family Dwelling District (R-1) to Public Use. Mayor Baldwin introduced an ordinance and read the caption as follows: -57- ORDINANCE NO. 95-5-35 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AMENDING THE ZONING ORDINANCE NO. 87-5-1 BY REZONING 5.00 ACRES OF LAND OUT OF GUADALUPE COUNTY AND REFLECTING SUCH CHANGES ON CERTAIN ZONING MAPS IN ACCORDANCE WITH THE SCHERTZ ZONING ORDINANCE. Mr. Sweatt reminded Council this is the final consideration of the ordinance. Mr. Greenwald moved to approve the final reading ordinance rezoning five (5) acres of land Single-Family Dwelling District (R-1) to Public Use. Swinney seconded the motion, which carried with following votes.: of an from Mr. the AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. #4 ORDINANCE: Consider and take action on final reading of an ordinance revising the Code of Ordinances by amending Traffic Code. Mayor Baldwin introduced an ordinance and read the caption as follows: ORDINANCE NO. 95-D-36 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS, BE AMENDED BY DELETING CHAPTER 18, TRAFFIC, AND REPLACING SAME WITH A REVISED CHAPTER 18, TRAFFIC; PROVIDING AN EFFECTIVE DATE; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT. Mr. Swinney moved to approve the final reading of an ordinance revising the Code of Ordinances by amending the Traffic Code. Mr. Sawyer seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. #5 ORDINANCE: Consider and take reading of an ordinance establishing child specific Municipal Court charges. action on first safety fees for Mayor Baldwin introduced an ordinance and read the caption as follows: -58- AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT CHAPTER 12 OF THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS, BE AMENDED AUTHORIZING THE MUNICIPAL COURT TO COLLECT CERTAIN FEES PERTAINING TO CHILD SAFETY BY ADDING SECTION 12-12, ADDITIONAL FEES FOR CONVICTION OF CERTAIN OFFENSES PERTAINING TO CHILD SAFETYi BY ADDING SECTION 12-13, COLLECTION OF ADDITIONAL FEES FOR CONVICTION OF CERTAIN OFFENSES PERTAINING TO CHILD SM"Tli BY ADDING SECTION 12-14, DEFINITION OF WHEN A PERSON IS CONSIDERED TO BE CONVICTEDi AND, SECTION 12-15, DISPOSITION OF ADDITIONAL FEES FOR CONVICTION OF CERTAIN OFFENSES PERTAINING TO CHILD SAFETYi AND PROVIDING AN EFFECTIVE DATE. Mr. Sweatt advised Council that the State legislature, in this last session, authorized certain changes to traffic code regulations that deal with offenses pertaining to child safety. They provided that municipal courts may, as an option, assess additional fees over and above any fines that are established for conviction of certain kinds of offenses regarding child safety. Those proposed additional fees are as follows: (1) $5.00 for parking violations in a school zonei (2) $20.00 for speeding in a school zone; (3) $20.00 for overtaking and passing a school bus when it's stopped; (4) $20.00 for thwarting compulsory school attendance (adult); and, $20.00 for thwarting compulsory school attendance (minor). Mr. Sweatt further stated that, as the ordinance the money collected from the fees will be used school crossing guard program. is drawn, for the Mr. McDonald moved to approve the first reading of an ordinance establishing child safety fees for specific Municipal Court charges. Mr. Potempa seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. #6 Consider and take insurance provider for insurance. action regarding selection of City employees hospitalization Mr. Sweatt commented, as was discussed at the workshop, that the City had a concern recently about their agreement with Humana. As a result of a change in the number of physicians available, there were some questions raised about the pool of physicians accessible to satisfy the HMO requirement. -59- After reviewing the situation with Humana, it appears they have made new arrangements to meet the City's concerns and a significant number of employees will be able to continue as they are with no change. Mayor Baldwin commented he was glad to see that happen because a change in insurance can cause a lot of disruption. Mr. Swinney asked if Humana was able to offer assurances about rate increases. Mr. Sweatt replied not very satisfactorily. They agreed to a 7% increase cap if we don't exceed 85% utilization. The consensus of the Council was that the City should remain with Humana. #7 Consider and take action regarding bid letting for sewer line construction. Mr. Sweatt reported this is a joint project between Seguin State Bank, HEB, Barshop Properties and the City of Schertz to construct a sanitary sewer main "located along Roy Richard Dr., beginning south of the Diamond Shamrock station and continuing into the outfall on Roy Richard Dr. at Crest Oak Road. Bids were solicited and the low bid is that of R.L. Jones submitted in the amount of $58,752.10. This company has worked on several projects for the City previously and it is recommended the bid be awarded to them. Mr. Potempa moved to construction to R.L. Mr. Sawyer seconded following votes: award the bid for sewer line Jones in the amount of $58,752.10. the motion, which carried with the AYES: Councilmembers McDonald, potempa, Sawyer, Swinney and Greenwald. NAYS: None. #8 Consider and take action regarding appointment to Planning and Zoning Commission. Mr. Sweatt apologized for this not being discussed at the workshop, but he took the liberty of putting it on the agenda tonight for action. Planning and Zoning has recommended Gary Wallace be appointed to the Commission and it is suggested Council consider that recommendation favorably. Mr. sawyer moved to appoint Gary Wallace to the and Zoning Commission. Mr. Potempa seconded the which carried with the following votes: Planning motion, AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. -60- #9 CITY MANAGER'S REPORT: A. Reminded everyone of the Employee Awards Dinner and Christmas Party to be held at the Community Center on December 15th. The theme this year is Hee Haw. He hopes they can all attend and he needs their RSVP's. B. Mentioned the Municipal Complex offices will be closed November 23rd and 24th as part of the Thanksgiving holiday. Emergency services will be open. #10 ITEMS BY COUNCIL: Mr. Potempa: Commented the time of year we're all very thankful. The Schertz has progressed and things are looking extended wishes from his family to everyone for Thanksgiving. this is City of up. He a Happy Mr. Sawyer: A. Also extended Happy Thanksgiving from his family to everyone. wishes B. Remarked there are lots of stray pets out early in the morning between 6 a.m. and 7 a.m. when he takes his walk. Mr. Swinnev: Commended the Samuel Clemens High School football team on an outstanding season. Mr. Greenwald: Announced the Christmas Tree Lighting is ThurSday, December 7th at 6:30 p.m. Referencing the Christmas Tree Lighting, Mr. Swinney noted that Boy Scout Troop #51, under the leadership of Harvey Balcer, will be performing crowd control services at that ceremony. Mr. Swinney looking for Sawyer both Eagle Scout also mentioned there are four individuals Eagle Scout projects. Mr. Potempa and Mr. asked Mr. Swinney to let them know when the ceremony takes place. #ll ITEMS BY MAYOR: A. Wished Thanksgiving. everyone a nice B. Reported that last Saturday was a busy day. They the BVYA grand opening and George Gervin was there, senior citizens had their arts and craft show and there was breakfast at the VFW. had the then #12 ADJOURNMENT: On a motion by Mr. Potempa, seconded by Mr. Swinney and unanimously carried, the meeting was adjourned at 7:25 p.m. -61- d~-.,~\ Mayor, -City of Schertz, Texas ATTEST: ~~ City Secretary, City of Schertz -62-