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ccreg 07-06-1981 58 REGULAR SESSION OF THE CITY COUNCIL JULY 6, 1981 The Schertz City Council convened in Regular Session, Monday, July 6, 1981 at 7:00 P.M. in the Council Chambers, 1400 Live Oak Road with the following members present: Mayor Jack M. Stomackin, Sr., presiding; Richard L. Howe; Jeff Duffield; Earl W. Sawyer and Jacqueline Lawler. Absent: Councilmember Barbara Taylor. Staff present: City Manager Jimmy G. Gilmore and City Secretary June G. Krause. #1 PUBLIC HEARING: After welcoming everyone present, the Mayor turned the public hearing over to the City Manager. Mr. Gilmore explained that federal regulations stipulate that the City Manager hold a public hearing on Revenue Sharing Funds. He then showed how the proposed monies are incorporated in the proposed budget for FY 1981-82 as follows: Police Department - $9,500 for a car; Fire Department - $8,650; Streets & Parks Department - $1,820 for sand and gravel,$1~150 for lumber and concrete, $2,130 (out of $4,600) for asphalt, and $1,500 (out of $1,550) for building maintenance; Swimming Pool - $1,550 for painting the pool and traingin schools; Library - $4,700; Water and Sewer - $10,000 for vehicle and $4,000 (out of $4,800) for water line repair and replacement; for a total expected revenue sharing monies of $45,000. He then asked if there were any citizens wishing to speak. Mr. Harry Gordon, Chairman of the SAFES Board, addressed the Council and Manager, saying he was impressed with the allocation of expenditures. He gave a brief rundown of the SAFES operation, stating that they now have seven people in the EMS program and they have worked very hard for this paramedic status. However, this training cannot be used without a heart defibillator/ monitor which will cost $6500. Through fund raining projects they have $2000 to date and asking that they be allocated $4500 to purchase this equipment. This is the first time SAFES has come asking for money for equipment and any consideration given their request would be greatly appreciated. Mr. Don Scott, a member of the Board of Directors of SAFES, also requested consideration of this allocation for SAFES to be able to purchase the defibillator/monitor. Mr. Stephen Doerr, the Director of the Guadalupe County RSVP program also asked to be considered when the Revenue Sharing monies were being allocated. He then introduced five of his local volunteers who told a little about the work they are doing under the Retired Senior Volunteer Program. There being no further citizens wishing to speak, the City Manager declared the public hearing closed at 7:27 P.M. Mr. Sawyer AYES: NAYS: #2 APPROVAL OF MINUTES: A. Mrs. Lawler moved to approve the minutes of the Special Session of June 23, 1981. seconded the motion which carried with the following vote: Councilmembers Howe, Duffield, Sawyer and Lawler None - . ~ I' S9 B. Mr. Howe movedto approve the minutes of the Special Session of June 30, 1981. Mr. Sawyer seconded the motion which carried with the following vote: AYES: NAYS: Councilmembers Howe, Duffield, Sawyer and Lawler None #3 HEARING OF RESIDENTS: Mr. James Bohan of 112 Deerborne brought in what he called a tall weed that he dug up ten feet from his yard. He stated that he had come before the Council six weeks before complaining about the high weeds in Greenfield and was told that the City had one of the best weed control ordinances around. He wanted to know what if anything had been done about enforcing the ordinance after his complaint. Since nothing apparently had been done, he suggested deleting the ordinance or putting some teeth in it. He had been calling the City staff since June 6th wanting these weeds cut. He was told the procedures involved of sending the owner a letter requesting the property be cut within ten days or the City could advertise the the local papers and then file a lien against the property and have it cut themselves. He wanted to know why he had not seen the advertisement in the papers. He then asked what was going to be done about it. Mr. Gilmore tried to explain what had been done and that due to an act of nature, it has been impossible to get equipment in to cut the property. However, Mr. Bohan kept interrupting the City Manager even though the Mayor repeatedly asked if Mr. Bohan was through talking and receiving an affirmative answer. At 7:32 P.M. the Mayor called a recess. The meeting was reconvened at 7:42 P.M. Mr. Gilmore tried to give Mr. Bohan the reasons why the property had not been cut but was still repeatedly interrupted by Mr. Bohan. The City Manager said that 140 letters on weeds and grass had been sent out but because of the constant rains, the Utility Department employees told him it was impossible to cut the lots. Again Mr. Bohan interrupted and in a loud voice asked if the ordinance said after ten days the City will advertise in the paper and file a lien. Mrs. Lawler intervened and told Mr. Bohan that the City does have an ordinance and that Mr. Bohan could come in an yell at the elected officials but they would not allow him to come in and yell at the City employees. Mayor Stomackin told Mr. Bohan that in between rains, it had not been possible to cut the lots. Mr. Bohan interrupted saying that we had not had any rains in three weeks. Mr. Gilmore again tried to explain that although the ordin= ance does say ten days we did not publish in the paper since we would be unable to enforce cutting due to the extremely wet ground. Mrs. Lawler asked the City Manager if it was not true that the City had a truck and tractor get stuck, with the City Manager replying in the affirmative. Mr. Bohan then started to leave saying that he wanted the newpaper reporters to come out next week and watch him drive his vehicle over the lots in question every day. 60 The Mayor asked Police Officer MacSorley if he would remove the large hybrid plant from the Council Chambers, at which time Mr. Bohan returned, picked up the plant, removed it from the bucket he brought it in and threw the plant on the press table. Mayor Stomackin requested Officer MacSorley to arrest the man, which the officer did and removed him from the Council Chambers. ~~~\ 2. Dr. Roy W. Richard then came up to the podium saying that he was there because of a recent newspaper article in which the reporter and a Council member involved him in the Gutierrez landfill problems. He said that he had never written or orally said anything against Mr. Gutierrez and that he owns no land adjacent to the landfill. He said that he agreed with Mr. Gilmore that Mr. Gutierrez does a good job. He then started to address the newsreporter, at which time Mayor Stomackin said that would be a private matter and not a Council matter. Dr. Richard then address Mr. Howe asking him to verify some of the statements that were in the papers. Mayor Stomackin then recessed the meeting at 8:00 P.M; reconvening the meeting at 8:05 P.M. #4 GUADALUPE COUNTY RSVP: Mr. Stephen Doerr again addressed the Council referring to correspondence previously given Council concerning the need for additional money needs of the Guadalupe County RSVP program. He said their current sources of funding are ACTION, the State of Texas, the City of Seguin, The Guadalupe County United Fund and Guadalupe County. After a question and answer period with Mr. Doerr, Mr. Duffield moved that with the information received from RSVP, the Council take this request under consideration when considering the budget at the next workshop. Mr. Sawyer seconded the motion, which carried with the following vote: AYES: Councilmembers Howe, Duffield, Sawyer and Lawler NAYS: None #5 BAD DEBT ACCOUNTS: Mr. Gilmore explained that this list is very similar to what was presented last year. These are balances from the water and sewerage billing. After they are approved for charge off, then they are turned over the the Police Department for further collection and last year the PO were able to collect about 30 to 40% of those. Mr. Howe moved to amend the ordinance so that after 120 days, the City Manager could automatically charge off these bad debts and continue trying for collection. Mr. Sawyer seconded the motion which carried as follows: AYES: Councilmembers Howe, Duffield, Sawyer and Lawler. NAYS: None ~ ~~ #6 RESOLUTION: The Mayor introduced the following captioned resolution and the City Manager explained that by establishing this Deferred Compensation Plan through the ICMA, which would not cost the City anything, we would get some experience in this type of plans when we withdraw from Social Security. ~ I I :,. (,] RESOLUTION NO. 80-R-6 A RESOLUTION ESTABLISHING A DEFERRED COMPENSATION PLAN AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME WITH THE INTERNATIONAL CITY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION. After the Mayor read this caption, Mr. Sawyer moved this resolution be approved. Mrs. Lawler seconded the motion which carried as follows: AYES: Councilmembers Howe, Duffield, Sawyer and Lawler NAYS: None ,'/ t)l / #7 RESOLUTION: The Mayor introduced and read the caption on the resolution as follows: RESOLUTION NO. 80-R-7 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, ACKNOWLEDGING THE INDUSTRIAL DEVELOPMENT PLAN DATED JUNE 23, 1981, AS THE OFFICIAL INDUSTRIAL DEVELOPMENT POLICY OF THE CITY AND DECLARING THE CITY WILL CONSIDER THE ORGAN- IZING OF AN INDUSTRIAL DEVELOPMENT COMMISSION FOR THE PURPOSE OF INDUSTRIAL DEVELOPMENT BOND ISSUES UPON REQUEST BY AN INDUSTRY. The City Manager said this is the plan discussed and considered by the Council at the workshop with the changes requested. Mr. Sawyer moved this resolution be approved. Mrs. Lawler seconded the motion which carried with the following vote: AYES: Councilmembers Howe, Duffield, Sawyer and Lawler NAYS: None \' I 11,' Mr. Sawyer asked the City Manager to bring up the funding for this plan at the next meeting on the budget. #8 ORDINANCE: The Mayor introduced the following captioned ordinance and read the caption as follows: AN ORDINANCE PROVIDING FOR AN ANNUAL LICENSE FEE FROM THE HOLDERS OF RETAIL BEER DEALER ON-PREMISES LICENSE, A RETAIL BEER DEALER OFF-PREMISES LICENSE, A PACKAGE STORE PERMIT, A WINE AND BEER RETAILERS OFF-PREMISES PERMIT, A LATE-HOUR PERMIT OR LICENSE, AND A MIXED BEVERAGE PERMIT, AS PROVIDED BY HOUSE BILL NO. 77, DESIGNATED AS TEXAS LIQUOR CONTROL ACT, AS ADOPTED BY THE FORTY- FORTH LEGISLATURE OF THE STATE OF TEXAS AT ITS SECOND SESSION, AS HAS BEEN AMENDED; PROVIDING A SAVING CLAUSE PROVIDING A PENALTY; AND PROVIDING A REPEALING CLAUSE. 62 Mrs. Lawler moved this ordinance be approved on the first reading. Mr. Howe seconded the motion which carried as follows: ,~ \ AYES: Councilmembers Howe, Duffield, Sawyer and Lawler NAYS: None n~ #9 ORDINANCE: The Mayor introduced and read the caption of the following ordinance: AN ORDINANCE ADOPTING THE PROVISIONS OF ACTS 1969, 61ST LEGISLATURE REGULAR SESSION, CHAPTER 466, PAGE 1535, AMENDING THE TEXAS LIQUOR CONTROL ACT, PERTAINING TO EXTENDED HOURS FOR LAWFUL SALE, POSSESSION, AND CONSUMPTION OF ALCOHOLIC BEVERAGES, TO GRANT TO RETAIL DEALERS ON-PREMISES LATE HOURS LICENSES, PRIVATE CLUB LATE HOUR PERMITS, AND TO PROVIDE FOR IN SUCH AMENDMENTS TO THE TEXAS LIQUOR CONTROL ACT, AND TO ESTALBLISH A FEE FOR THE ISSUANCE OF STATED LICENSE AND PERMIT; PROVIDING A PENALTY; AND PROVIDING A REPEALING CLAUSE. Mr. Howe moved the first reading of this ordinance on late-hour permits be approved. Mrs. Lawler seconded the motion which carried as follows: \ \ 1.-\ ~ AYES: Councilmembers Howe, Duffield, Sawyer and Lawler NAYS: None #9-A S.W. BELL RATE CASE: Mr. Gilmore said this is the same type request by TML as the last time S.W. Bell asked for a rate increase and the TML Joint endeavor was successful.. Mr. Sawyer moved to join TML and the other cities in a joint study of S.W. Bell IS rate increase request. Mr. Howe seconded the motion which carried with the following vote: ~~ ~ AYES: Councilmembers Howe, Duffield, Sawyer and Lawler. NAYS: None #10 EXECUTIVE SESSION: None needed at this time. #11 CITY MANAGERIS REPORT: Mr. Gilmore reminded Council and citizens of the U.A. Columbia Cablevision meeting for the next night at 7:00 P.M. He advised that he had had the first contact with a developer for Industrial Development under our new plan - nothing definite just a preliminary meeting to set things in motion. He also explained to Council that our weed and grass ordinance is a good one and that he took it upon himself to withhold publica- tion of the lien intention because of all the rainy weather we have had for the last two months. He said that if our utility people could not do it, neither could any of the citizens but he had had assurances from Mr. Von Scheele that the lots would be cut just as soon as possible. Also that there is only $200 in the budget for this purpose and that if we had to cut all the lots that have not responsded to the initial letters, it would take approximately $2000 to have it done. Perhaps some additional funds should be in the next budget to allow our people to do this on their own time. . j 63 #12 ITEMS BY COUNCIL: Mr. Howe asked what has happened to our news- I letter. Mr. Gilmore said one was being pre- pared at this time. Mr. Howe also said he thought the City Manager used good judgement on the weed cutting ordinance enforcement. Mr. Duffield said he felt the City Council had taken the first step with the IDC and hoped we could continue to go forward - maybe have an ex-officio member of the Council work with them. Mr. Sawyer said he was sorry to see one of our citizens arrested and hoped it was because he threw the weed and not because he complained to the Council. Mayor Stomackin said he filed on him for disorderly conduct. Mr. Sawyer also said that if our city people cut grass and weed on their own time or we have to pay overtime, we need to put more money in the budget. Perhaps we could make an agreement with the large property owners to contract with them to cut on the weekends. As far as agriculture lots, there is not much that can be done. Mrs. Lawler said she agreed with Mr. Sawyer. She also asked if the City could send a letter to Mr. Boswell and his men in the Parks Department for the extra work they did on the 4th of July - both before and after the Jubilee. Council agreed this would be a good idea. Mr. Sawyer said the Council needs to consider changing the date of the Jubilee from a holiday weekend and also the beer drinking - people come to a free dance and bring their own beer. Mr. Howe asked what is happening with the ETJ boundary agreement with New Braunfels. Mr. Gilmore said they are having a little trouble getting their Council in agreement on the annexations. He also said he was working with Cibolo as some of the N.B. annexations are extending toward Cibolo's. Mr. Howe also asked about the new well status and Mr. Gilmore said there is a man working on the building, transformers, etc. and they should start on the rest soon. Mr. Sawyer asked about when we would start on the next annexations. Mr. Gilmore said we are having some problems with some of the old annexations that he would like to clear up first before starting on new ones. Ed Ford is preparing the metes and bounds so they will be ready when we are. #13 ITEMS BY MAYOR: Mayor Stomackin thanked the Councilmembers for helping cook sausage during the Softball Tourna- mente #14 ADJOURNMENT: On a motion duly made, seconded and unanimously ;') carried, the meeting was adjourned at 8:56 P.M. ~ /t. ' ATTEST: _ ~~ r J:ik/"i ~J-"-A II Ci~ary, City of Schertz