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ccreg 12-07-1982 236 REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7, 1982 The Schertz City Council convened in Regular Session, Tuesday, Decem- ber 7, 1982, at 7:00 P.M. in the Council Chambers, 1400 Live Oak Road with the following members present: Mayor Earl W. Sawyer, presiding; Charles B. Sharpe; Hal Baldwin; Jeff Duffield; Adolph Aguilar and Jacque- line Lawler. 5taff were City Manager Jimmy G. Gilmore and City Secretary June G. Krause. #1 APPROVAL OF MINUTES: Mrs. Lawler moved to accept the minutes of the Special Workshop of November 10, 1982; the Regular Session of November 16, 1982 and the Special Workshop of December 24, 1982, as submitted. Mr. Sharpe seconded the motion which carried with the following vote: AYES: Councilmembers Sharpe, Baldwin, Duffield, Aguilar and Lawler NAYS: None #2 HEARING OF RESIDENTS: Mr. Doyle Hines of GVEC reserved time for item No.7. #3 ORDINANCE: The Mayor introduced and read the caption of the follow- ing ordinance: ORDINANCE NO. 82-F-19 AN ORDINANCE AMENDING GUTIERREZ DISPOSAL INC. CONTRACT TO OPERATE A GARBAGE COLLECTION SERVICE IN THE CITY OF SCHERTZ, TEXAS, SCHEDULE IIAII PROVIDING FOR A SERVICE FEE INCREASE. ~j \ tr "~~ Mr. Baldwin moved to pass an ordinance giving Mr. Gutierrez a 9% increase in his service to the City of Schertz. Mr. Aguilar seconded the motion which carried with the following vote: AYES: Councilmembers Sharpe, Baldwin, Duffield~ Aguilar and Lawler NAYS: None #~ ORDINANCE: Mayor Sawyer introduced and read the caption on the following ordinance: ORDINANCE NO. 82-M-20 AN ORDINANCE ESTABLISHING A PROGRAM OF COMPREHENSIVE EMERGENCY MANA- GEMENT WHICH INCLUDES THE PREVENTION, MITIGATION, RESPONSE AND RECOVERY PHASES OF CIVIL PREPAREDNESS; ACKNOWLEDGES THE OFFICE OF CIVIL PRE- PAREDNESS DIRECTOR; AUTHORIZING THE APPOINTMENT OF A CIVIL PREPARDNESS COORDINATOR; AND PROVIDING THE DUTIES AND RESPONSIBILITIES OF THOSE OFFICES; IDENTIFYING AN OPERATIONAL ORGANIZATION; GRANTING NECESSARY POWERS TO COPE WITH ALL PHASES OF EMERGENCIES WHICH THREATEN LIFE AND PROPERTY IN THE CITY OF SCHERTZ; AUTHORIZING COOPERATIVE AND MUTUAL AID AGREEMENTS FOR RELIEF WORK BETWEEN THIS AND OTHER CITIES OR COUNTIES AND FOR RELATED PURPOSES; PROHIBITING UNAUTHORIZED WARNING AND ALL-CLEAR SIGNALS; REPEALING ALL ORDINANCES IN CONFLICT AND MAKING VIOLATION A MISDEMEANOR PUNISHABLE BY FINE NOT TO EXCEED $200.00. . . ,Ji; ?37 Mr. Aguilar moved to approve the final consideration of ~n ordinance on Comprehensive Emergency Management. Mrs. Lawler seconded the motion which carried as follows: AYES: Councilmembers Sharpe, Baldwin, Duffield, Aguilar and Lawler NAYS: None #5 ORDINANCE: The Mayor introduced and read the caption on the follow- ing ordinance: ORDINANCE NO. 82-0-21 AN ORDINANCE OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS, BE AMENDED BY REVISING SECTION 10-51 OF SAID CODE; PROVIDING THAT THE DEFINITION FOR "JUNKED VEHICLES II IS REVISED; AND REPEALING ALL ORDINANCES IN CONFLICT. Mr. Aguilar moved to approve the final consideration of an ordinance amending the Code by revising the definition of "Junked Vehicles". Mrs. Lawler seconded the motion which carried as follows: AYES: Councilmembers Sharpe, Baldwin, Duffield, Aguilar and Lawler _,r- NAYS: None #6 ORDINANCE: Mayor Sawyer introduced and read the caption on the following ordinance: ORDINANCE NO. 82-D-22 AN ORDINANCE OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS, BE AMENDED BY REVISING SECTION 18-33 OF SAID CODE; PROVIDING THAT THE INTERSECTION OF LIVE OAK ROAD-ELBEL ROADjAERO AVENUE BE DESIGNATED AS A FOUR-WAY STOP INTERSECTION. Mr. Baldwin moved to pass an ordinance designating the intersection of Live Oak Road-Elbel RoadjAero Avenue as a four-way stop intersection. Mr. Duffield seconded the motion which carried with the following vote: AYES: Councilmembers Sharpe, Baldwin, Duffield, Aguilar and Lawler NAYS: None #7 GVEC: Mr. Milton "Doyle" Hines, General Manager of Guadalupe Valley Electric Cooperative, addressed the Council concerning their request for a rate increase for their consumers in the City of Schertz. He advised that in June 1982, GVEC had filed a Statement of Intent with the Public Utility Commission as well as the City of Schertz. The PUC has since granted GVEC its requested dollar increase and now they are request- ing the City of Schertz to do the same. He explained the circumstances behind the requested increase and answered questions of Council. Mayor Sawyer then read the caption of a resolution requesting this increase as follows: 238 RESOLUTION NO~ 82~R~11 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ3 TEXAS, APPROVING NEW ELECTRIC RATES TO BE CHARGED BY GUADALUPE VALLEY ELECTRIC COOPERATIVE. Mr. Baldwin moved to pass this resolution approving a rate increase for GVEC. Mr. Duffield seconded the motion. ~} <~. i ' '1 Mr. Sharpe said that although this had been thoroughly discussed, he is still objecting to the rates as approved by the PUC and he thought Council should still work toward getting the rate structure as previously discussed. The Mayor then called for a vote on the motion, with the following results. AYES: Councilmembers Baldwin, Duffield, Aguilar and Lawler NAYS: Mr. Sharpe Mayor Sawyer called a recess of the meeting at 8:07 P.M. The Mayor reconvened the regular meeting of the City Council at 8:20 P.M. #8 ORDINANCE: Mayor Sawyer introduced and read the caption on the following ordinance. He mentioned that this subject had been thoroughly discussed at the last workshop session. ORDINANCE NO. 82-T-23 AN ORDINANCE LEVYING AND ASSESSING ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF SCHERTZ, TEXAS, FOR THE YEAR 1982, PROVIDING THE BASIS OF ASSESSMENT OF 100% APPRAISED VALUE AND PROVIDING FOR THE COLLECTION THEREOF AT THE RATE OF $0.44 ON THE ONE HUNDRED DOLLAR ($100.00) ASSESSED VALUATION AND DECLARING AN EMERGENCY. . I I , Mr. Sharpe moved to pass this ordinance levying and assessing all taxable property at the rate of $0.44 per one hundred dollar assessed valuation. Mr. Aguilar seconded the motion. Mr. Duffield said that we are looking at at least $25,000 over the budgeted amount that was passed in August and Mr. Gilmore shows that we have $38,000 in General Fund contingency plus the equipment replacement funds in the back of the budget. Considering that we do have reappraisal that went up 25%, I am reluctant to go with the 1 cent increase when we have that much contingency; and I think it should be at $0.429. I would offer an alternate motion to that effect. ~ Councilmembers discussed the problems of getting an accurate tax appraisal roll, the percentage of tax collections, unbudgeted expenses that arise, eta. Mr. Gilmore said that the carryover is being spent right now and that of course we will not be getting as much interest income as budgeted as the tax statements are so late in going out. Also that the figures that Mr. Duffield spelled out are considered obligated funds. I I i Mr. Duffield said he was primarily looking at the fixed income people. Mr. Gilmore said he didn1t believe it would affect them too much because , & 239 the law has frozen the values of those over 65 and with the exemptionl both VA and Social Security disabilities, they should not be affected very much. Mr. Duffield then asked that if his alternate motion would get a second, shouldn't it be voted on first. Mr. Harris, City Attorney, said that unless the person making the original motion agreed to amend his motion, then the first motion on the floor would have to be disposed of first. Mr. Sharpe said he did not care to amend his motion. Mr. Baldwin said that he felt very uncomfortable voting for a tax rate on a budget that he had nothing to do with. He said he would vote based on the fact that he felt the 96 or 97% collection ratio would not bring in the $396,000 at $.43 tax rate. After further discussion, the Mayor called for a vote on the original motion before the Council, with the following results: AYES: Councilmembers Sharpe, Baldwin, Aguilar and Lawler NAYS: Councilmember Duffield )05- f:. #9 CONTRACT: At the request of the Mayor, Mrs. Lawler moved to table discussion on the contract with BVYA until more informa- Mr. Sharpe;lseconded the motion which carried with the tion is available. following vote: AYES: Councilmembers Sharpe, Baldwin, Duffield, Aguilar and Lawler -~ NAYS: None #10 EXECUTIVE SESSION: The Mayor called an executive session under Article 6252-17 V.T.C.S. section 2 (e) at 8:44 P.M. The Regular Meeting was reconvened at 9:29 P.M. by Mayor Sawyer, who said there would not be a public announcement as they had discussed legal matters pertaining to litigation. #11 CITY MANAGER'S REPORT: A. Received a letter from BVYA requesting use of the Community Center for basket- ball practice and games and pay $1.00 per hour. FirstJsince it is only a 3/4 court, they probably could not use it for games and the $1 they are willing to pay could not even cover the cleanup costs. Council concensus was that the City has a fair rate structure and BVYA should pay the same as any other non profit organization. B. The question was brought up as to the City participating with a booth at the rodeo and stock show in San Antonio along with other suburban cities. Mr. Gilmore said he had not been able to talk with the Converse City Manager but would soon. C. Information was received today from the Fire Chief that our key rate has gone down. It is now 31~, the lowest or near lowest in the State. #12 ITEMS BY COUNCIL: Mr. Aguil ar commend~d the Pub'l ic Works Dept. on the street line painting they are doing. 240 Mr. Duffield said that about four or five months ago he had discussed with the Mayor and now he was announcing that effective December 31, 1982, he will have to resign from the Council due to work pressures. Mayor Sawyer said Mr. Duffield would be sorely missed and that he appreciated the time he had given to the city. Mr. Baldwin said he would like to thank the City Council and the Planning and Zoning Commission for the four-way stop at the intersection of Elbel and Live Oak Road and also thank the Street Department for the school crossing. #13 ITEMS BY MAYOR: None at this time. adjourned at 9:41 P.M. #14 ADJOURNMENT: On a motion by Mr. Sharpe, seconded by Mrs. Lawler and unanimously carried, the meeting was declared ATTEST: f ~4.//'t?"p<.f A ~ayor, ~ity of Schert~exas ../ r:kJik~ Ci(j7secretary, Ci~y of Schertz 1