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ccswks 01-26-1994 53 SPECIAL MEETING OF THE CITY COUNCIL JANUARY 26, 1994 The Schertz City Council convened in Special Workshop Session Wednesday, January 26, 1994 at 7:00 p.m. in the Conference Room of the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Earl W. Sawyer, presiding; Joe Potempa; Hal Baldwin; Barbara Stanhope; Mary Marsh and Ken Greenwald. Staff present were City Manager Kerry Sweatt and Deputy City Secretary Norma Althouse. #1 HEARING OF RESIDENTS: None #2 Hear presentation regarding Bexar County Hospital District. Representatives from the Bexar County Hospital District, namely John Peveto, Chairman of the Board who spoke, Dr. Glenney who showed the slides, and John Guest, President and CEO for the District, were at this meeting for the presentation. Mr. Peveto informed the Council that health care reform is taking place right now where you live because of economic and market pressures, independent of political platforms. Mr. Peveto stated tonight he would like to talk about reform at the State and federal level and little bit about the University Health System they're responding to those changes. briefly tell a and how The "why's" are not debatable. The current system denies security of health care coverage to millions, 85% of which are workers. Most people think it's only the indigent that aren't covered, but that's not true. One in four Americans will lose their health insurance coverage, for some period of time, during the next two years. The cost of health care has risen faster than wages over the last fifteen years. The complexities of reimbursements, fragmented coverage and care, and case by case cost control are creating unnecessary burdens on both the provider and the consumer. The growing number of insurance companies excluding individuals because of pre-existing conditions, and limiting and cancelling benefits, makes it hard for individuals to find adequate health care coverage. Reliable quality information is not easy to obtain. reform, market forces will demand accountability. Under The current patchwork system is very confusing, wasteful and expensive. There are too many bureaucratic levels between 54 you and your physician. Health care spending is eroding business profits. In Texas, the State is under extreme pressure to get a grip on health care because we cannot engage in deficit spending. We've seen a shift to managed care. The fees for service basis is coming to an end. Under managed care, a health care system will be responsible for managing a population of individuals (x-rays, cat scans, etc.) and these will be done on medical appropriateness rather than incentive to build volume. Those organizations that are medically appropriate and cost effective will become successful. There is a radical shift toward primary care and preventative medicine. Last year San Antonio had the highest percentage of people who were uninsured - 31%. The State has funded the Lone Star Initiative in managed care and the thinking is the managed care contract for Medicaid will be bid this year. The pilot program is proving its worth. They are going to bid out all these dollars to people who will take care of the Medicaid population. Reform is taking place in our State and in our County. Health care reform presents our University Health System with many challenges and opportunities. We have enjoyed the relative security of a tax base in our role as a teaching facility for the Health Science Center. However, during the last six years the tax base has remained stagnant. We are faced with the task of trying to figure out how to provide high quality care to our conditional patients while fulfilling our obligation to the Health Science Center. Forty percent of our patients come from outside Loop 410. Looking at insurance coverage for Bexar County, the uninsured and under insured represent about 34% and among those insured, 21% are covered by an HMO. Change is here. One question that has to be answered is whether or not medically indigent populations will disappear under a national health initiative. If they do, the University Health System must develop strategies to keep our current customers. The University Health System will need an integrated system that will accommodate our teaching mission and support the medical needs. We will try and do away with duplication. There was some discussion about trauma centers in the area with Mrs. Marsh asking Mr. Peveto if he sometimes gets the feeling he's moving too fast since they don't know what the crazies out there are going to be doing. Mr. Peveto replied that's a real tough question and it's for sure he doesn't know the answer. 55 George Mower asked John Peveto how the Brady law will impact them and Mr. Peveto acknowledged it's hard to say. Drugs and alcohol, along with guns and knives, are also a contributing factor to the escalating violence in our society. Mr. Sweatt expressed concern about EMS unincorporated areas saying he thinks tweaking, and indicated he would like possibility of contractual arrangements. service in the it still needs to explore the Mr. Peveto commented they have just purchased helicopter in the hopes of improving emergency services which should help all the way around. another trauma Mr. Guest advised there have been some changes in the San Antonio contract with the South Texas Regional Trauma Advisory Committee. One of their aims is to overcome geographical barriers. Mr. Guest encouraged everyone to attend one of their meetings. Mayor Sawyer thanked Mr. Peveto, Mr. Glenney for their presentation. Guest and Dr. #3 Discuss final consideration amending the Code Chapter 7-1/2, Establishments. of an Article ordinance II Food Mayor Sawyer, relating this has been discussed and we've had the first reading, asked that it be placed on the agenda for next Tuesday, February 1st. #4 Discuss February 1st Public Hearing on a proposal to change the name of Live Oak Boulevard to Wiederstein Drive. Mr. Sweatt pointed out the location on the map and remarked it seems like sound reasoning to extend Live Oak Blvd. and ultimately link it up to Wiederstein Dr. For one thing, it may clarify the confusion about Live Oak Road versus Live Oak Blvd. and perhaps provide a continuing thoroughfare looping FM 1518 to at least FM 1103 and maybe points further north. Mr. Baldwin asked if the City had spoken with Selma and Mr. Greenwald replied Selma has no objection and Cibolo concurs. Mr. Sweatt announced February 1st was the date advertised for the public hearing. In the absence of City Secretary, June Krause, Mr. Sweatt asked that items #5 and 6 be combined since they speak to the same issue. 56 Those items are as follows: #5 Receive receipt of Charter action. report from City Secretary regarding Amendment Petition and take appropriate #6 Consider and take appropriate action regarding possible amendments to the City Charter. Mr. Sweatt informed the Council the City Secretary had furnished a statement and a certificate which note the City Secretary's office received a petition. Based on 6487 registered voters, a petition requires 5% of the registered voters sign it and 5% is a total of 235. The petition contained 458 names, and after review there were found to be 414 valid names which was determined to be sufficient. This charter amendment will be on the ballot of the regular election in May. This amendment states that no person shall be eligible for more than two, two-year consecutive terms in the office of Councilman without an absence of at least one two-year term. Mr. Sweatt advised there will be consideration of an ordinance on the February 1st agenda calling for an election and it will be asked that this charter amendment be included. Mr. Sweatt then mentioned there are some questions about our Charter regarding the Board of Adjustment issue. The Charter currently states the Board of Adjustment shall be made up of members of City Council. There are some questions as to whether or not that is permissible. Mr. Spain explained that Charter changes are subject to approval by the Department of Justice. The petition doesn't describe what Provision of the Charter is being amended, and it isn't clear if you have already served on the Council, whether or not you can run for Mayor without sitting out for a term. Also, it doesn't say if you've served two terms on Place 1, whether or not can you then serve two terms on place 2. It doesn't clarify how current and past terms are taken into account. However, the City Council has no authority to put it on the ballot except as presented. Mr. Spain went on to say that if the City has received a valid petition, the City Council has to adopt an ordinance calling an election. The timing is fine for the May election. As far as the Board of Adjustment, Mr. Spain's suggestion was that since there is going to be a charter amendment on the ballot anyway, that a provision be placed on the ballot for an amendment to the Charter saying the City Council may establish a Board of Adjustment as provided by State law. ------------ ~ Mayor Sawyer asked the Council how they feel about putting these charter amendments on the ballot. Mr. Baldwin asked if it will be two separate issues and was told by Mr. Spain it will be two separate amendment propositions. Mrs. Stanhope spoke at this time and stated she doesn't believe in term limitations. She was appointed to fill her husband's unexpired term and the first two years were definitely a learning experience. You need more than two years to fully understand the process. It's plain, however, that some of our citizens believe there should be term limitations. Technically, we already have term limitations - it's called voting. The filing fee, should anyone wish to run, is only $5.00. Mrs. Stanhope continued on saying we have to have the Charter amendment on the ballot since a petition has met the requirements of the law, so she feels we should give the voters a choice. Mrs. Stanhope would like to see the City Attorney and the City Manager work on an alternative to the petition amendment. Mrs. Stanhope recommended a limit of two consecutive four year terms for both Council members and for the Mayor and wants it made clear that service prior to adoption of the amendment not be counted. Mrs. Stanhope also mentioned the Board of Adjustment situation and said we need to clear that up also. Mrs. Stanhope moved that the City Attorney work with the City Manager to establish a Charter amendment election ordinance for consideration by this Council at their next meeting. It will present the following three propositions to the voters on May 7th of this year: 1. Term limitations proposition which we received on the petition. 2. The alternative just suggested. Limitation of two consecutive four-year terms for Council members and two consecutive four-year terms as Mayor. The service on the City Council, before the adoption therein of the amendment, not being counted. 3. Clarification that the City Council can establish a Board of Adjustment in accordance with State law. Mrs. Stanhope mentioned, however, there is a scenario that could happen. What if both propositions pass? Mr. Spain informed Mrs. Stanhope the City could declare in the ordinance calling the election that in regard to the propositions about term limitations, the proposition that receives the most "yes" votes would carry. 58 Mrs. Stanhope commented she would like to include in her motion that the election ordinance declare that if both the propositions on term limitations pass, the one which receives the most "yes" votes will carry. Mrs. Marsh agreed with the experience factor saying even though she had served on the Planning and Zoning Commission, City Council is a different ball game. The first term and even the second one are a learning experience. It makes imminent good sense that we should offer an alternative to the two consecutive two year term limitations. Mrs. Marsh also indicated her agreement with the Board of Adjustment amendment. Mr. Potempa, noting his is just now finishing his term, said he is still learning and he had served Planning and Zoning Commission in the past. Mr. was in favor of giving the voters an alternative. second on the Potempa Mr. Baldwin remarked the thing that bothers him the most about term limitations is that just when a person is becoming effective, he's gone. Mr. Baldwin agreed that two consecutive two-year terms doesn't give a person enough experience to be really effective. Mr. Baldwin also said it bothers him that the term limitation scenario could restrict someone who has served on the Council from serving as Mayor. He has no problem with someone coming in off the street and running for Mayor and getting elected. That person can learn as they go. It just seems like a logical sequence for a person who has worked his way up the ladder in a small town to become the Mayor. He thinks we're eliminating that with the two consecutive two-year term limitation. It's a waste of talent not to profit by someone's experience. Mr. Baldwin then stated he needs to look at the alternative amendment more closely. Maybe four two-year terms should be considered. Two four-year terms may be more than the voter wants and the person serving wants to serve. The way it is now, you can be voted out every two years. The voters always have term limitation at their disposal in every election. Mr. Greenwald voiced his disapproval of term limitations saying any kind of limitation restricts who he can vote for - he thinks it's unconstitutional. Mr. Spain reported there's a case on term limitations in trial right now. Mr. Greenwald commented it has to create constant turmoil. Mayor Sawyer, Mr. Brown on petition. If stating he has no objections, congratulated getting enough valid signatures on the City Council feels we should have a Charter 5~ amendment also on the Board of Adjustment and the two four-year term limitations, Mr. Sawyer said he doesn't see why those things can't be on the ballot also. We'll just say so by consensus. Mayor Sawyer indicated he would also like to see the official City logo on the ballot for approval. Mrs. Marsh, reminding Mayor Sawyer the logo had already been approved, said it's the seal that needs approval. Mr. Potempa brought up a point of order saying there's a motion on the floor by Mrs. Stanhope for the petition amendment, an alternative term limitation amendment and an amendment for selecting the Board of Adjustment. Mayor Sawyer maintained the Council can do that by consensus. Mrs. Marsh seconded the motion anyway. Mr. Spain laid out the schedule of what needs to be done to get all these things on the ballot for the May 7 election. Mr. Sweatt, admitting it's a forgone conclusion that the regular election ordinance will be on the agenda February 1st, announced that February 22 will be the first day for filing and the filing fee is $5.00. #7 Consider and take appropriate action regarding proposed referendum concerning sale of City property. Mr. Sweatt referred to a 200' x 125' piece of property at Crown Oak and Crest Oak which was dedicated to the City as a park. It was never developed as a park and there has been some minimal interest in purchasing it. The residents in Oak Forest do not wish to have it as a park. Mr. Sweatt, referring to the fact they are already going to have charter amendments on the ballot, expressed his desire to place this item as a referendum on the ballot to sell property under terms of State law. Mr. Spain said the law states a City can't sell parkland unless it is voted on and approved by the voters. Approval by the voters doesn't obligate the City to dispose of the land, it just provides them with an option. Mrs. Marsh suggested we make sure if it goes to press, the location is correctly identified. The Council's consensus was to include the sale of parkland as a referendum on the ballot of the election. #8 Receive report and take action development of recycling collection program. regarding Mr. Sweatt apologized to the Council saying he is chagrined no one from Alamo Waste is here tonight - he understood that Henry Gutierrez was coming. 60 Mrs. Marsh personally felt the decision about recycling should be left up to the voters. Mrs. Stanhope added the citizens need to understand the proceeds, if any, will come back to the City. Mayor Sawyer remarked Mr. Sweatt could designate where any proceeds go and Mrs. Stanhope suggested they go toward improvements at City parks. Mr. Sweatt mentioned there are several ways the proceeds could be handled and then reminded the Council this will be a non-binding referendum. Mr. Greenwald suggested that before Henry Gutierrez commits, we better let him check his figures since he's now going to have to haul recyclables 50-60 miles further than originally planned. Mr. Sweatt explained it was Henry's idea to furnish the customers with separate recycling bins to be collected twice monthly and taken to the recycling buyers. The cost is $1.21 per month. Mr. Sweatt then mentioning that the Committee met some time ago, asked Gail Douglas if she had anything to say on this subject. Ms. Douglas simply implied that the Committee is all curbside recycling. When the MURF idea was presented liked that a lot, but since it's something not in the future, they're in favor of curbside recycling. for they near Mr. Sweatt then commented, if it's the Council's pleasure, this can be included on the ballot. Mrs. Marsh wanted to make sure all the information is correct. Mr. Greenwald pointed out the information should come from the City, from Henry and from the Recycling Committee. Mayor Sawyer expressed the opinion he thinks they should go with it and say it will be $1.21 per month. If Henry Gutierrez has any other figures, we will get with him and he can let us know. Mrs. Marsh then asked if they want to approve it now for inclusion on the ballot or delay approval. The consensus of the Council was to put it on the ballot. 19 Discuss authorizing stop signs on Savannah Drive at Forsyth Park, Savannah Drive at Broughton, Habersham at Broughton and Woodland Oaks at Cedar Lane. -----~ oj Mr. Sweatt told the Council they had received a recommendation from the Police and Public Works Departments, that in order to provide breaks in traffic between peak hours of maximum use and to deal with speeding on these major streets, that we set four way stops at Savannah Drive and Forsyth Park and Savannah Drive at Broughton, and Woodland Oaks at Cedar Lane. They also recommend we authorize placement of a stop sign at Habersham and Broughton as the result of an earlier trial placement of a stop sign there. These changes have been reviewed and it is recommended they be incorporated. The consensus of the Council was in favor of authorizing four-way stops at Savannah Drive and Forsyth Park and Savannah Drive at Broughton, and Woodland Oaks at Cedar Lane and authorizing a stop sign at Habersham and Broughton as the result of an earlier trial placement. #10 Discuss Appointment to the Library Advisory Board. Mr. Sweatt members of expiring. have been Cervantes, listed the individuals who have served as the Library Advisory Board and whose terms are They have expressed a willingness to serve and recommended for reappointment. They are Richard Julie Parr, Connie Brison and Mary McAllister. Mr. Sweatt also noted that Patti Lovelady is currently filling an unexpired term and it is recommended she also be appointed. Mayor Sawyer advised going ahead if there are no objections. There were none. Mr. Sweatt declared reappointment will be scheduled for the February 1st meeting. fl.ll Discuss BVYA request for building repairs. Mr. Sweatt referred to the letter in Council's package from the BVYA asking the City to consider expending money on the BVYA building. They listed three areas the BVYA Board believes should be replaced under the terms of the 1990 lease agreement with them for that building. The three areas are (1) replacement of air conditioner compressors, (2) replacement of hot water heater and (3) repair or replacement of broken front door glass. The provision of the lease agreement that speaks to bUilding repair states all minor building maintenance repairs are the financial responsibility of the BVYA and then states any major component replacements will be brought before the City Council for action. Mr. Sweatt stressed it's not a budgeted item and we didn't have this letter at the time of the budgeting process. Looking at the types of items, it appears to us the hot 62 water heater and the front door glass are really items that the building tenant would normally take care of. The air conditioner and coil replacement could be $1500 or higher. Since receiving the letter, Mr. Sweatt said he had been told the heater doesn't work and he had asked someone from Public Works to check it and they think it's a relatively minor fitting that needs to be replaced. After some discussion on these items and some background information from Mr. Greenwald on turmoil within the BVYA this past year, the consensus of City Council was that the City fix the air conditioner, now if possible, but if not, next budget year, and BVYA take care of the rest. Mr. Sweatt, confirming he has a meeting with company tomorrow, said he will ask if they have old they can donate to the cause. the gas something fl.12 CITY MANAGER'S REPORT: A. The annual Texas Legislative Conference will be held in New Braunfels March 24 & March 25. Herb Kelleher, Southwest Airlines CEO, has been chosen Texan of the Year and will be there to kick off the conference. Anyone wishing to attend, please let him know. B. The South Texas Councils of Governments plan a two-day workshop February 1st & 2nd at the University of Texas Health Science Center. A brochure was included in the packages. Anyone wishing to participate please let him know. C. The League of Women Voters plans a meeting for February 5th at the New Braunfels Civic Center. The keynote speaker is John Hall, Chairman of the Texas Natural Resource and Conservation Committee, and he will discuss the quality of water in the State. It looks like there are several other interesting speakers. Anyone wishing to attend, please let him know. fl.13 ITEMS BY COUNCIL Mrs. Marsh: A. Announced the Schertz Business Association had its meeting yesterday and the officers for the year are Anita Clark, Presidenti Annie Almond, Vice-Presidenti Laurin Gutierrez, Secretary; and Hal Baldwin, Treasurer. The Executive Council members are Jackie Jones, Dot Harborth and Dennis Kusak. Nolan Edwards was presented a nice plaque/pen set for all his years of service to the Association. B. Advised Kerry Sweatt had given a presentation to the Schertz Business Association updating them on the food handling ordinance, the garbage rate increase, curbside recycling, the May election and the reorganization of the Economic Development Foundation. ~. ~ C. Related that on February 3rd, at Ann Richard's house at 5:00 p.m., they will be preparing stew to serve to the trail riders at the rest stop. Any and all help is appreciated. Also, the Trail Riders Dinner and Dance is February 4 at the VFW and there will be a silent auction. The band is Triple Play. D. Commented items are needed for the July 4th raffle, and speaking of the July 4th Jubilee, it will be a 3-day event this year, Saturday, Sunday and Monday. The parade will be on Monday. We are already taking donations for the fireworks fund which is estimated to need about $3,000 this year. Any, and all who can, are encouraged to join the "Club 100" for the fireworks. E. Remarked the Business Association is going to make an effort to extend membership this year. You don't have to have a business to )Oln. For a private individual, the dues are $15.00 per year. Mr. Baldwin mentioned associate memberships also - you must live outside of Schertz to qualify for an associate membership. F. Noted the Schertz Business Association is going to try to be the impetus for more youth activities in the City of Schertz. They need ideas. Mr. Potemoa: Questioned why a liquor store is required to have a food establishment permit, especially when all they have is an ice machine. Mr. Sweatt replied that ice, because it is dispensed, requires a food establishment permit. Mr. Baldwin: A. stated he had spoken with Steve Simonson about growth in the City of Schertz and also in Cibolo and was shocked at the number of houses on the board. He thinks the Council needs to invite Mr. Simonson to come and update them on such growth. Mr. Baldwin also thought it might be a good idea to have Steve Simonson speak on the subject of growth at a Schertz Business Association meeting. B. Indicated he has the name and number of a gentleman in Schirmerville who was telling him about trucks hauling dirt and forcing people off the road. Mr. Greenwald: A. Explained to Mr. Baldwin, regarding the dirt trucks, that RAFB is in the process of replacing and concreting the south ramp and the taxiway of the east ramp. It looks to be about an 18-month to two-year process. Mayor Sawyer expressed some concern about filling in the creek. B. Asked Mr. Sweatt if had received the schedule for the Regional Workshop on February 5th. Mr. Sweatt answered he 64 had no specific time or topics, just that it was between 10:00a.m. and 2:00p.m. C. Mentioned Cable microwave and most about 40' in the restriction of 35'). Max is in the area, but because of their line-site antennas, you would have to be air. (The City has a maximum height D. Referred to an Article in the Express News and stressed there are some rule changes in the State share of funding for roads. They are trying to by-pass the Metropolitan Planning Organization. Also, they are saying the cities will have to put 20% of the construction fees up front before any kind of construction is considered. Mr. Sweatt admitted there is a lot of confusion. Supposedly it was a supplemental minor policy decision. It also provides the State will no longer pay for new curb and gutters, storm drains and sewers, and sidewalks. On and off-system roads have been defined. There are some drastic implications, but it may not be as severe as it first looks. At this time Mr. Potempa asked how close obtaining all the signatures needed in Mobile Sweatt replied we lack two family households qualify to reach the required percentage. we are Villa. that to Mr. would Mr. Sweatt went on to say the difficulty lies in the fact we pledged confidentiality to those who would reply, but he feels that out of nineteen of those who have not responded, there are at least two who would qualify. Mrs. Stanhope emphasized the need to send one more letter because it benefits all those families. Mr. Potempa asked answered they will putting the pressure manner. when the deadline is and Mr. Sweatt ride with us for a while, but HUD is on them to get projects out in a timely Mr. Potempa commented that's going to effect those commercial lots to the front because he doesn't believe they are half an acre in size. Mr. Sweatt said he believes if they are preplatted and can meet the absorption test, they could qualify, but if would be very difficult for any major business. Mr. Sweatt declared City Council will decide, but the City will probably have funding to do the water relocation and could likely do the bore portion of IH-35, but that's about all we could fund. Mr. Greenwald admitted it is a problem. 60 #14 ITEMS BY MAYOR: Mayor Sawyer urged the Council to keep working on Mobile Villa. '15 ADJOURNMENT: meeting was declared Sawyer. There being no further business, the adjourned at 8:40 p.m. by Mayor } , 7 / W f/ . A() _....7 C<---r...-A ..'/ r/-J .//1 A j---v'J _ ( Mayor / CIty of SCher1:z("Texas ATTEST: v' ~ secretary, City of Schertz