Loading...
ccreg 03-05-1996 REGULAR SESSION OF THE CITY COUNCIL MARCH 5,1996 The Schertz City Council convened in Regular Session on Tuesday, March 5, 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 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. #1 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. #2 POLICE RESERVE: Consider and take action on appointing a new member to the Police Reserve Force. Chief Agee introduced John Eisen saying in the selection process and meets all necessary to be a police officer. he had ranked high the requirements Mr. sawyer moved to appoint John Eisen Reserve Force. Mr. Swinney seconded the carried with the following votes: to the motion, Police which AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. #3 ORDINANCE: Consider and take action reading of ordinance limiting the carrying of the premises of the City of Schertz. on final weapons on Mayor Baldwin introduced an ordinance and read the caption as follows: ORDINANCE 96-M-3 LIMITING THE CARRYING OF WEAPONS ON THE PREMISES OF THE CITY OF SCHERTZ; PROVIDING FOR ENFORCEMENT; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY FOR VIOLATION; AND PROVIDING AN EFFECTIVE DATE. Mr. Sweatt advised this is the second and final reading for this ordinance. It deals with the carrying of weapons as opposed to dealing exclusively with the carrying of firearms. Weapons are those as defined under terms of the -150- Texas Penal Code. The ordinance does not regulate the carrying of weapons by members of the Schertz Police Department or other local, State or federal law enforcement personnel. It does not regulate the carrying of concealed handguns in City parks by persons who hold a valid license under Article 4413 of the Revised Texas Statutes, which is the concealed handgun law. It also does not regulate the carrying of weapons on public streets of the City as those are regulated by other applicable laws of the State of Texas. The parks issue is a somewhat complex and convoluted determination based on a recent Attorney General's opinion. On that basis, the City has deferred to the Texas Alcohol and Beverage Code in dealing with firearms in the vicinity where alcohol is sold in parks. Michael Spain can answer any questions the Council may have in that regard. Mr. Sawyer moved to ordinance limiting the of the City of Schertz. approve the fi~al reading of an carrying of weapons on the premises Mr. Potempa seconded the motion. Mr. Greenwald mentioned the main concern was that the VFW and the Knights of Columbus and various other organizations sublet their licenses for the 4th of July and the Firemen's Dinner, etc. Is the TABC rule applicable to just selling? Mr. Spain replied it is his understanding if beer is being sold in the park under a valid license, then concealed handguns would not be permitted. Mayor Baldwin mentioned that signs do have to be posted and Mr. Spain affirmed that's correct. Mr. Sweatt, saying they had contacted the TABC, stated it is their intention to use the same perimeters used in the ordinance for the Schertz Business Association 4th of July Jubilee. At this time the vote was taken and the motion carried with the following results: AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. #4 ORDINANCE: Consider and take action on final reading of an ordinance amending the Code of Ordinances by deleting Chapter 12, Municipal Court, and replacing same with revised Chapter 12, Municipal Court. Mayor Baldwin introduced an ordinance and read the caption as follows: -151- ORDINANCE 96-D-4 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 12, MUNICIPAL COURT, AND REPLACING SAME WITH A REVISED CHAPTER 12, MUNICIPAL COURT; AND AMENDING CHAPTER 18, TRAFFIC, BY DELETING SECTION 18-15, SECTION 18-16, AND SECTION 18-17; 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 amending the Code of Ordinance by deleting Chapter 12, Municipal Court, and replacing same with revised Chapter 12, Municipal Court and amending Chapter 18, Traffic, by deleting Sections 18-15, 18-16 and 18-17. Mr. Greenwald seconded the motion, which carried with the following votes: . AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. #5 ORDINANCE: Consider and take action on first reading of an ordinance amending the Code of Ordinances by deleting Chapter 17, Article III, Room Occupancy Tax, and replacing same with a revised Chapter 17, Article III, Room Occupancy Tax. 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, CITY OF SCHERTZ, TEXAS, BE lUu>.....AD BY DELETING CHAPTER 17, ARTICLE III, ROOM OCCUPANCY TAX, AND REPLACING SAME WITH A REVISED CHAPTER 17, ARTICLE III, ROOM OCCUPANCY TAX; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Mr. Sweatt commented the Council had just recently been furnished with a copy of this ordinance slightly revised from what was in their packages. The additional changes are in Section 17-23 and Mr. Spain will be glad to answer any questions Council may have regarding those changes. This is an update of the ordinance adopted in 1984. It contains the most current revisions to conditions relating to collections and types of exemptions and exceptions. While the City has no intention at the present time to contract with other sources to perform the activities of collecting the hotel/motel tax, there is a section in this -152- ordinance which authorizes such actions. Mr. Spain spoke on the two additional exceptions added to Section 17.23. They are (c) and (d) and pertain to federal employees and diplomatic personnel. Exception (c) states that federal government employees traveling on official business when the United States pays the hotel directly by government check, purchase order or government credit card will not have to pay the tax. Federal employees traveling on official business when paying from their own cash, personal check or credit card will have to pay the tax and then apply for a refund. Exception (d) states diplomatic personnel who present a Tax Exemption Card issued by the United States Department of State will not have to pay the tax. Mr. Swinney wasn't clear about why we would charge someone on official U.S. government business the hotel/motel tax. It seems like the money is going around in a loop. Mr. Spain explained that according to the Statute, you would charge everyone the hotel/motel tax and then they would apply for a refund. You can't grant an exception that is not permitted by the Statute. Mr. Swinney reported he has traveled a lot with the U.S. Air Force and always paid with a personal credit card and was rarely charged the tax. Mr. Spain pointed out until the last session of the legislature, it was an exception. There person rebate was some has to and prove confusion and Mr. Sweatt pointed out the apply to the State and to the City for a they were on official government business. Mr. Swinney emphasized this doesn't make sense to him and Mr. Spain admitted there are other categories of workers who also have to apply for a refund and it seems real cumbersome. Mr. Sweatt remarked that at one time City employees who traveled on official business were exempt, but that exemption has been wiped out. Mr. Spain added one other exemption that has been wiped out is people traveling on business for non-profit corporations. There was a brief discussion during which it was stated this change took place during the last legislature, but of course they didn't take themselves off the exempt list. Mr. Greenwald commented he thinks active duty military can pick up a credit card from finance to use for expenses while they're traveling. Mr. Swinney corroborated that, stressing it can be used for military travel only, not personal expenses. At this time the vote was taken, and the motion carried as follows: -153- AYES: Counci1members McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. #6 REORGANIZATION: Consider and take action regarding addition of one position to general collections function. Mr. Sweatt reminded Council, that as they had discussed at the last workshop, due to the death of Alice Austin, they have begun reorganizing the general collections function and a number of other functions within the general collections process. The workload has been increasing for some time and they were considering adding one clerical position to the front office. With Mrs. Austin's death, the need to do that has been accelerated. They would like, with Council's approval, to add one position. The net effect will be to have two additional cashier positions in the front office. If that is accomplished, they will have water personnel dealing with water cash and receivables, general fund personnel dealing with general fund cash and receivables and the municipal court, as mentioned before will have its own till, so they will be dealing with municipal court cash and receivables. This will all be attained by reassigning some responsibilities, with accompanying salary step increases, at a total cost of $l,OOO maximum above that projected under the current budget for the one position of Office Manager/Data Systems Administrator. The request is to add one additional person to the overall organization. Mr. Swinney inquired how long it will be before the two new individuals are up to speed. Mr. Sweatt replied about a three month period before they are fully trained, but functionally about three weeks before all duties are assumed. Mr. McDonald expressed concern, but stated he would have to defer to the city Manager's decision on this. When the previous City Secretary retired, they had to replace one position with two. Seems like now we've lost another employee and are replacing that one position with two. Why? Is this the opportune time to do it? Mr. Sweatt explained when the previous City Secretary retired, the duties were divided. The personnel and human resources functions were reassigned to another existing employee and a clerical position was added. In this instance, they are taking the Office Manager's position and reassigning the supervisory duties to an existing employee and creating two clerical positions. He would have been coming to Council by at least next budget year, or perhaps mid-year, requesting another clerical position be added to the front office. The workload has increased to that point. A lot of cash passes through the front counter. -154- Mr. Potempa wondered if the City's having problems with cash control and was assured by Mr. Sweatt they are not. Mr. Sweatt stated in order to pinpoint responsibility, it is simply necessary to tighten controls. As the City grows, it is good business practice to take these steps. Mr. Swinney pointed out one of the growth industries is the public sector and asked Mr. Sweatt if he feels the ratio of City employees versus citizens is staying fairly constant. Mr. Sweatt replied he feels the City is actually behind in that area. The City has grown appreciably without the addition of new personnel. Mr. Swinney then asked about physical space for new employees. Mr. Sweatt answered they are out of space. It is a problem, not just in the front office, but in other departments throughout the City. Mr. Greenwald moved to approve the addition of one position to the general collections function of the City. Mr. Sawyer seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. #7 EXECUTIVE SESSION: Called under Chapter 551 Texas Government Code, Sub-Section 551.071, consultation with attorney on pending or contemplated litigation. An Executive Session was held from 7:35 p.m. to 8:12 p.m. #8 Consider and take Executive Session. action, if any, on above No action was necessary. #9 CITY MANAGER'S REPORT: March 7th the Seguin Bank will 11:30 a.m. at its new location invited. Announced that on Thursday, hold its groundbreaking at on FM 3009 and everyone is #10 ITEMS BY COUNCIL: Mr. sign coming into the City at Aviation has been refurbished by McDonald: Reported the low water crossing GVEC and looks good. the on Mr. Swinnev: A. Wondered if the Spurs are involved in any negotiating or politicking out this way with the Northeast Partnership. Mayor Baldwin was not aware of any. B. Asked if the City is still in the voluntary water conservation stage and was told by Mr. Sweatt they are. -155- c. Inquired if winter averaging is still in process. Mr. Sweatt replied the last of it should be concluded around March 10th. Mr. Greenwald: Jokingly remarked that in conjunction with the Grand Opening of the Ramada Ltd. this afternoon, they should start discussion at the next workshop about building a domed stadium. #11 ITEMS BY MAYOR: A. Told Council that Earl Johnson, a former Councilmember and City employee, is seriously ill with the final stages of Lou Gehrig's disease. He lives at 301 Maple and for those who know him, he appreciates and enjoys someone stopping by to visit. B, Reported he received a call from the Governor's office and was asked to accept an appointment to a, Governor's Committee on water and sewer issues in the state of Texas. He was happy to be selected. . #12 ADJOURNMENT: On a motion by Mr. McDonald and seconded by Mr. Potempa and unanimously carried, the meeting was adjourned at 8:25 p.m. /' Mayor, City of schertz, Texas ATTEST: ~~ City Secretary, City of Schertz -156-