ccswks 01-26-1994
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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
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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.
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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.
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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
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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.
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#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
}
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secretary, City of Schertz