CITY OF
CITY COUNCIL MEETING
MINUTES OF JULY 17, 2007
7:00 PM
The
City Council of the City Of
Mayor
Councilwoman
Councilman
Councilwoman
Gloria Weers, Place 6 Mr.
Sam Hughes, City Manager
Ms.
Laura Arens, Assistant City Manager Mr.
Rick Jamison, Police Chief
Mr.
Mr.
Mark Luft, COC EDC Executive Director Mr.
Ray Ortiz, City Attorney
Ms.
Penny Hieronymus, City Secretary
{Tape
1, Side A}
1.
Call City Council Meeting to Order
At
approximately 7:00 PM,
2.
Invocation by Chaplain Howie Marbach, Converse Lions Club
Chaplain
Marbach gave the invocation.
3.
Pledge of
4.
Roll Call and Recognition of Visitors
5. Consent Agenda.
A. Approval of City Council
Minutes - City Council Meeting July 3, 2007
B. Receive Park and Recreation
Commission Minutes for Meeting Conducted on June 11, 2007
C. Receive Economic Development
Corporation Minutes for Meeting Conducted on June 12, 2007
D. Action to Appoint Mr. Mark
Kay, 9906 Indian Mound, as an
E. Action to Approve the
Election Order Setting November 6, 2007 as the Date for the Special Election
City Council Place #2 (City Secretary)
F. Action to Approve Investment
Report as of June 30, 2007
Councilman Schindler made a motion to approve agenda
items #5. Councilwoman Weers seconded
the motion.
It passed unanimously to approve agenda item #5.
6.
Citizens To Be Heard. This time
is provided for citizens to address City Council on any issues and
concerns. No City Council discussion or
action can be taken if the item is not on the Agenda. Please limit your remarks to three (3)
minutes and state your name and address for the record.
-Dr. Marcus Nelson is the Deputy Superintendent for
Instruction & Student Services in JISD & resides in
-Mr.
-Ms. Laura Beehler will speak on agenda item #10 H.
-Mr. Jeff Beehler will speak on agenda item #10 H.
-Mr. David Yatezak will speak on agenda item #10 H.
-Mr. George Spawn will speak on agenda item #10 H.
-Mr.
Bob Karre will speak on agenda item #10 H.
-Mr.
Jim Mollicone will speak on agenda item #10 H.
-Mr.
-Mr. Robert L. Fink will speak on agenda item #10 H.
-Mr. Earnest Musick-Director Facilities Planning,
JISD commented he was there on behalf of JISD & district in support of the
annexation of the property which the new elementary school is going on. They feel very much that it is a part of the
COC & they teamed & worked with staff & the development of the
project.
7. Special
Consideration Items
A. Discussion and Appropriate
Action on a Request to Approve City of Converse Proclamation #237; a
Proclamation Supporting 2007 Participation in National Night Out (Chief
Jamison)
Chief Jamison stated National Night Out is a
national program for citizens to come out and support law enforcement to fight
crime. The City has been showing their
support for over 15 years & is asking for the continuation; it is held the
1st Tuesday in August, which means CC, would have to cancel their
council meeting.
Councilman Uballe made a motion to approve agenda
item #7 A. Councilman Schindler seconded
the motion.
It passed unanimously to approve agenda item $7 A.
B. Recognition of Lieutenant
Jesse
C. Recognition of Corporal Hale
Paloa for More than 5 Years Service to the City of
D. Recognition of Officer Robert
Osio for More than 5 Years Service to the City of
E. Recognition of Officer
Phillip Steinberg for More than 5 Years Service to the City of
F. Recognition of Ms.
8.
Public Hearings
A. Public Hearing on the
Proposal to Change the Zoning of the Newly Annexed Property Located on
·
Tract
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Tract
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Tract
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Tract
At approximately 7:20 PM,
-Mr.
Ms. Arens stated on the Bexar County Records it
shows “
At approximately 7:23 PM,
B. Public Hearing on a Proposal
to Continue to Tax Goods-In Transit Located within the City Limits of the City
of
At approximately 7:23 ½ PM,
Mr. Hughes stated this past legislature included an
enactment of House Bill 621 & this allowed local governments to decide
whether or not to exempt property that was in transit. We have a local resident/businessman who owns
a warehouse. He contracts with someone
in another state & another country to allow goods that did not belong to
him to be stored temporarily in this warehouse.
Ultimately, they would be transferred from the warehouse to another
state or jurisdiction for final disposition.
So, while in storage, the local government if we deemed appropriate
could exempt ad valorem tax on that personal property. He knows of no circumstance within the COC
where this exists & he knows of no future business where this is being
considered. We have to hold a public
hearing (doing tonight) & based on input at a later date, vote whether or
not to exempt personal property that is in transit or if CC chooses to let the
tax law stand as it has been in the past then CC can vote that way.
At approximately 7:24 ½ PM, City Attorney Ray Ortiz
arrived.
-Ms. Debra Eaton of 8255 Morning Grove asked how
would this affect military families when their belongings are put in storage on
a temporary basis (60, 90, 120 days)?
Ms. Eaton will get with Mr. Hughes tomorrow morning on some addresses
she has the concerns on.
Mr. Hughes replied yes it would if we had a
warehouse within the City limits of Converse.
The moving company that was in possession of those goods would presently
be required or could be required to pay property taxes. His understanding of the law is presently the
company storing the items would be required to pay property tax on that &
this would exempt it.
At approximately 7:27 PM,
9.
Old Business
A. None
10. New Business
A. Discussion and Appropriate
Action on a Request for a 100 Day Extension to the Letter of Intent that was
Approved on February 20, 2007 for the Purchase of Property in Converse, Bexar
County, Texas Commonly Known as the Converse Lakes (City Manager)
Mr. Hughes stated this would extend an agreement to
not consider other offers for the 110 acres of
Councilman Uballe made a motion to approve agenda
item #10 A. Councilwoman Bazany seconded
the motion.
It passed unanimously to approve agenda item #10 A.
B. Discussion and Appropriate
Action on a Request to Approve a Contract with
Ms. Hieronymus stated this is for the seat of
Councilwoman Weers made a motion to approve agenda
item #10 B. MPT Jauregui seconded the
motion.
It passed unanimously to approve agenda item #10 B.
C. Discussion and Appropriate
Action on a Request to Approve City of Converse Ordinance #873; an Ordinance
Annexing into the City Limits of Converse an Irregular Shaped Piece of Land of
59.876 Acres, More or Less, Located
Mr. Hughes stated this is 1 of 3 parcels that are
being considered for the 1st time formally to be annexed within the
COC. This is being presented to CC for
consideration if it fails tonight, the issue is finished. If it passes tonight, it also has to come to
CC on July 31 for a 2nd reading.
Basically, everything except water & sewer will be provided
immediately. We have 34 acres out of
these 3 Ordinances that are within the Bexar Met. CCN. We have responsibility of the remainder of
the 118 acres. We have already started
coordination with Mr. Bart Palm, JISD & the City on designing a waste water
collection & system to be able to get that back to the Salitrillo Treatment
Plant. It is in the City’s best interest
to expand & he went through the highlights.
We are trying to get ahead of development & be able to get the infrastructure
in. Staff recommends approval.
Councilman Schindler made a motion to approve agenda
item #10 C. Councilman Uballe seconded
the motion.
It passed unanimously to approve agenda item #10 C.
D. Discussion and Appropriate
Action on a Request to Approve City of Converse Ordinance #874; an Ordinance
Annexing into the City Limits of Converse an Irregular Shaped Piece of Land of
45.5 Acres, More or Less, Located
Mr. Hughes stated this parcel is located directly
south of the previous 59.896 acres & is more or less an “L” shaped piece of
property. Out of the 45 acres, 34 of
those are in Bexar Met. CCN. We have
property-fronting FM 1516, with traffic counts increasing. From a municipal planning perspective, it is
an area we expect to develop commercially.
In the long-term interest of the City, his recommendation would be to
continue with annexation.
Councilman Uballe made a motion to approve agenda
item #10 D. MPT Jauregui seconded the
motion.
It passed unanimously to approve agenda item #10 D.
E. Discussion and Appropriate
Action on a Request to Approve City of Converse Ordinance #875; an Ordinance
Annexing into the City Limits of Converse a Rectangular Shaped Piece of Land of
14.876 Acres, More or Less, Located
{Tape 1, Side B}
Mr. Hughes stated this is a rectangular piece of
property to the east of the remaining & has no frontage on 1516 & is
adjacent to the 59 acres that we previously annexed. This would be the last of our ETJ & puts
it in with the consideration of the other 2 parcels to then be developed &
services provided. Staff recommends
approval.
Councilwoman Benbrook made a motion to approve
agenda item #10 E. MPT Jauregui seconded
the motion.
It passed unanimously to approve agenda item #10 E.
H. Discussion and Appropriate Action on a
Request to Approve City of Converse Ordinance #330; an Ordinance Authorizing
the Use of Parks and Recreation Areas Owned and Controlled by the City of
Converse, Naming the Tracts of Land Designated as City Parks, Stating the
Policies and Regulating Possession and Consumption of
Mr. Hughes stated Ordinance 330 has existed in
Converse for a long time & regulates the use of parks & was last
updated in 1997. With the update, 2
things are added: there is a need to establish regulations for the lake at
-Page 1, Section 1.
APPLICIABILITY:
Added: -“One 61.73 acre tract between Randolph
Valley Subdivision & Meadows of Copperfield Subdivision, & Lake Aire
Subdivision & Autumn Run Subdivision to be names
-Page 3 & 4, Section
11. Paragraph 4 A-F:
Added: - “
-Page 4, Section 11.
Paragraph 4 A:
Added – “
Finally, this Ord. supersedes COC Ord. #330 dated
Nov. 11, 1997.
Mr. Hughes stated in the attachments there are some
updating on fees. We anticipate the same
process for which they are allowed to ride right now.
Councilwoman Bazany reported: P&R discussed this
with Chief Jamison, who has issued 133 waivers.
They discussed some of the problems they have had with riders &
recommended moving this area to ride to the newly established
Chief Jamison summarized the rules to ride in
-Ms. Laura Beehler of
-Mr. Jeff Beehler of
-Mr. David Yatezak of 7809
-Mr. George Spawn of 104 Gateway is speaking for Ms.
Linda Cones who cannot be here tonight & himself. They are opposed & he gave his reasons.
-Mr. Bob Karre of 217 Ralston stated he has been on
Council & this has never worked. He
is opposed & gave his reasons including the liability; it is just a bad
idea. Or, do it right & spend the
money & it just might work.
-Mr. Jim Mollicone of
-Mr.
-Mr. Robert Fink of 205 Ralston agreed with those
opposed & said to leave it in the area they are at right now.
-Mr. David Vaudrin of 220 Ralston liked what Mr.
Hughes stated about the importance of zoning pertinent to prohibit undesirable
businesses form locating next to the schools, but what about undesirable
activities as the ATV’s, motorcycles, etc. & he has been a motorcyclist
since he was 15 years old & it was legal on the street & it wasn’t in
someone’s back yard. He does not like
the idea of it next to his house & he’s sure CC wouldn’t want it in their
back yards.
-Mr. Ivan Smith of 7711 Fallen Pine & is in
support of this Ord. He & his son
met with the Police Chief to get a permit & have abided by it. He feels this to be a benefit as a taxpayer
of Converse & to have an outlet for children.
Councilwoman Weers thanked everyone for coming out
& expressing their views. She read
notes into the record (included original minutes). Why do we allow these vehicles to ride any
where in our City? She called Cities of
Cibolo, Garden Ridge, Kirby, Schertz, U.C., L.O. & Selma…all said “no”,
they do not allow these. She spoke to
many of our citizens & no area in Converse should allow dirt bikes, ATV’s,
Go Carts, etc. She proposed changing
Ord. 330:
-Deleting the 5th & final
“Whereas” in the Ord., it reads.
“Whereas, There is a need to
establish regulations for riding Dirt Bikes, ATV’s and Go Carts, and other
vehicles that are not lawful for use on public roadways;”.
-Add Subparagraph E, under Section 111, Paragraph 3
(General Policies) to read as follows:
Dirt Bikes,
-Delete Section 111, Paragraph 4 (
“Dirt Bikes,
-Delete Section 111 (the second) Paragraph 4, East
Park Policies: Subparagraph A: which reads:
“The use of Dirt Bikes, ATV’s
and Go Carts are permitted in
{Tape 2, Side A}
CC members all agreed with Councilwoman’s Weers
proposed amendments as described.
Councilwoman Weers made a motion to accept the 4
changes that she read. Councilman Uballe
seconded the motion.
It passed unanimously to approve agenda item #10 H
with the 4 amendments.
MPT Jauregui suggested making an amendment to
wherever the prices are listed; it appears we created an additional addendum to
more specifically identify the pricing so they can look at things as a whole.
Ms Arens had 1 recommendation, Page 3, item #C (1):
change from 48 hours to 72 hours.
1.
Reservations, will be made in person only at City Hall at least 72
hours in advance.
MPT Jauregui made an amendment to the motion to
adjust the time frame from 48 to 72 hours for reservations. Councilman Uballe seconded the motion.
It passed unanimously to approve the above
amendment.
MPT Jauregui made an amendment to the motion to take
away any pricing within the body of the Ord. itself & move all pricing to
the Attachment A to join the other User Charges for City parks. Councilwoman Benbrook seconded the motion.
It passed unanimously to approve the above amendment
moving all pricing to Attachment A & join the other user Charges for City
parks.
Mr. Hughes asked for clarification: we are allowing
the 61.73 acres to stand as Park property?
He referred to the 2nd paragraph 4,
Councilman Schindler suggested P&R look at the
East Park Policies.
Mr. Hughes stated this is City CC prerogative &
is City property. This is the 1st
attempt to have this property recognized for recreational purposes, Park
land. We received the donation in 2004
& it has sat untouched. We could
recognize this in the Ord. as Park Property – Designated & under East Park
Policies put “Entrance is prohibited except by City officials for Official Use
Only”. This will pick it up as Park, so
P&R & others could begin planning & develop a master plan on what
they want to occur there & yet we would have an East Park policy or
entrance prohibited other than for official use only.
Councilman Schindler made a motion to Mr. Hughes
above statement on East Park Policies put “Entrance is prohibited except by
City officials for Official Use Only”.
Councilman Uballe seconded the motion.
It passed unanimously to the above amendment on Mr.
Hughes as stated above.
Councilwoman Weers said we are going to make use of
the people who have expertise in this area & offered their help.
Councilwoman Bazany invited those that came tonight
to talk about possible uses for that park.
She invited them to the P&R meetings, which are held the 2nd
Monday of each month; she believes the next meeting will be held on August 13.
Councilwoman Bazany asked about another amendment
for the
Councilwoman Bazany made a motion to change the $25
camping fee per vehicle per night to $10.
Councilwoman Benbrook seconded the motion.
It passed with 6 members (Suarez, Jauregui, Bazany,
Benbrook, Uballe & Weers) voting for reducing the camping fee from $25 per
vehicle per night to $10 and 1 member (Schindler) opposed.
Mr. Hughes recommended 1 change on Page 3, Paragraph
4 C under North Park Lake Policies.
It says:
“Boat motors of any kind are prohibited.”
Recommended change:
“Boat motors are prohibited except for battery operated trolling motors
not to exceed 12 volts.”
Councilman Schindler made a motion to change Page 3,
Paragraph 4 C to read: “Boat motors are prohibited except for battery operated
trolling motors not to exceed 12 volts.”
Councilman Uballe seconded the motion.
It passed unanimously to make the change on Page 3,
Paragraph 4 C.
Councilman Schindler made a motion to approve agenda
item #10 H as amended. MPT Jauregui
seconded the motion.
It passed unanimously to approve item #10 H as
amended.
F. Discussion and Appropriate
Action on a Request to Approve a Change in Zoning for the Newly Annexed
Property Located on
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Ms. Arens stated the Zoning Commission discussed
this last night. She said as stated by
Mr. Moran on his property (Tracts 3 & 4) whether it is 8525 or 8575 &
8515 Brucks Drive, the Zoning Commission recommended it go from Temporary R-1
to Regular R-1 with a Special Use Permit so that he would be allowed to keep
his business which is an automobile repair shop. On Tract 1-8595 Brucks Drive belonging to
Mrs. Joyce; Tract 2-8591 Brucks Drive belonging to Mr. & Mrs. Lowky &
Tract 5-8487 Brucks Drive belonging to Mr. Andy Rocha; those would remain as
R-1, but they would like the CC, should they sell their property, for the new
owners to rezone for any reason that the CC would listen to their request
should there be a zoning change. Staff
recommends approval based on all 5 lots would be R-1 Residential, but Tracts 3
& 4 would have a Special Use Permit as long as Mr. Moran owned the property
so he could retain his business at that location.
Councilman Schindler made a motion to move Tracts 1,
2 & 5 from R-1 Temporary to R-1, Tracts 3 & 4 from R-1 Temporary to R-1
with a Special Use Permit for continued use as an auto body shop. Councilman Uballe seconded the motion.
It passed unanimously to approve Councilman
Schindler’s above motion on agenda item #10 F.
G. Discussion and Appropriate
Action on a Request to Approve City of
Councilwoman Benbrook stated there was so much
interest in this type of a Commission during the most recent election &
actually preceding to that & that is why it was in issue within the
election. Many residents of Converse
said as our City is growing & our EDC is bringing so much into the City,
the citizen’s interest in really beautifying Converse & requesting to get
this Ord. & Commission together.
Councilman Schindler questioned Ord. #632, Section
1, item B: “No person related within the
second degree of affinity, or within the third degree on consanguinity, to a
member .of this Commission may be appointed to this Commission”. He reads this as you & a close relative
cannot serve on the same Commission & was wondering when we got graced with
so many volunteers. Our City Charter
dealt with this prior to 2002, along with CC & the voters decided to add
the word “compensated” meaning that this would apply only to compensated
positions & not to volunteers. He is
going to propose an amendment to delete item “B”. The Charter Commission has reviewed this
& it did not change with this past Election & amendments.
Councilwoman Weers spoke with Councilman Schindler
on this issue. We have a lot of
Commissions & each member of a family can be on a different Commission.
Councilman Uballe stated Councilman Schindler’s
point about the Charter is well taken.
He does not have a problem with the way this is written. He is concerned that sometimes we have a
problem getting enough members to serve on Commissions. He would like for it to read that Commission
members should be residents of Converse, especially on this Commission.
Mr. Ortiz stated the City Charter voted on is passed
by the voters’ sets forth the parameters of how the
Mr. Hughes stated the Charter also addressed
different group of people. In both
cases, prior to 2002 & now, it addresses nepotism in the context of the
Mayor, CC & City Manager.
Previously, it said relatives of that group of people could not serve in
any official capacity. In the 2002
amendment, eased that restriction for non-compensated positions. Never has the Charter addressed members of
Commissions.
Councilwoman Benbrook made a motion to Section
A: “The Beautification &
Environmental Commission shall consist of seven members who are residents of
the City of Converse and who shall be appointed by the Mayor with the approval
of City Council”. Councilwoman Bazany seconded
the motion.
It passed unanimously to approve the amendment to
Section A.
Mr. Hughes stated the staff support in this
Commission is standard to the other Commission Ordinances. Staff has administrative support & we
expect the Commission to work with the staff & CC.
Councilman Uballe does not want this Commission tie
up City assets. He referred to item D,
page 3, of the Ord.; encourage folks to clean up & give incentives. He would like to see more of this role be
more of encourage the beautification.
Councilman Schindler does concur with Councilman
Uballe 100% & he will not offer his amendment & go forward.
Councilwoman Weers made a motion to approve agenda
item #10 G. Councilwoman Bazany seconded
the motion.
It passed unanimously to approve agenda item #10 G.
11. Reports
A. City Council Reports
(1) Report and Discussion of the
Park & Recreation Commission Meeting
Councilwoman Bazany reported:
-Met Mon., July 9 @ 6:30 PM
-NIOC – Beer vendor – Halo & Converse Lions Club
will be assisting them in serving
-Discussed hosting a River City Wrestling Event, not
necessarily with NIOC, but organizing with a date & time to be discussed
later
-NIOC – Discussed logistics for a game night for
smaller children which will have numerous activities
-Discussed dirt bikes which was discussed at
tonight’s CC meeting
-August 11 – a group of youths & adults are
trying to organize a fund-raiser @ our
{Tape 2, Side B}
P&R was approached by them to waive the pavilion
fees for their fun-raiser. P&R
agreed to collect a $50 deposit & the appropriate fees for the event, which
will be refunded in full upon inspection of the Park.
-Fri., July 13 @ 1 PM they had a dedication of the
-As they add more amity to the
(2) Report and Discussion of the
Zoning Commission Meeting
Councilman Schindler reported:
-Discussed tracts on
(3) Report and Discussion of the
Economic Development Corporation Meeting
Mr. Luft reported:
-Met July 12
-Mr. John Mendoza was appointed as Vice Chair with
term ending May 31, 2008
-Briefing by CPS Energy
-Discussion on their future operating budget &
there were some amendments made
-Approval of the contract for their annual Audit
-Discussion to work with City Manager & City
Attorney on for the future use & disposition of their conference space
-Discussion on a home they relocated from Patsy to
-He gave a presentation to CC on
-CDBG grant application for the Placid Park
Subdivision will be voted on next week by
(4) Report and Discussion of
Items of Interest to City Council Members
Mr. Hughes reported:
-Not sure what impact this afternoons rain will have
on the schedule, but we were expecting work to start on Coppergate tomorrow
morning (July 18) & so the rain may have delayed it & it may not start
tomorrow morning, but it will start soon
-Sat., July 21 – City auction, bidding sign up &
viewing begins at 8 AM & auction starts at 9 AM; the premier item is a
Rolex watch-appraised at $9,500 & we asked the jeweler what would he give
us for it? We have a standing offer from
the jeweler of $3,750 for this watch.
Councilman Schindler reported:
He had a couple of calls on high weeds, one being on
-We got a pretty good rain on Sat. night, he got at
least 3 calls about high water on Big Mesa, which is part of the drainage
problem that is connected somehow with Toepperwein Road
-There is a bulk pick up pile on
-Had a request for more frequent brush pick up
during wet seasons
B. Staff Reports
(1) Report and Discussion of Fire
and
Fire/EMS Chief Wendt reported:
-Continues to stay busy
-Has seen a little bit of an increase with the
weather we have been going through
-Thanked CC & the City staff for the support
& help for the ISO inspection we had & we have a preliminary rating of
“2”
-If there is anything anybody needs just come &
see them & they will do their best to help them
(2) Report and Discussion of
Significant Police Events
Chief Jamison reported:
-Thanked CC for the support of National Night Out
& the Proclamation; if anyone is going to host a party please call Corporal
Mike Scogins to set up so they can go by the location
-July 4 – Busy, but safe
-Tomorrow starting from noon to 2 PM, Robert Horry
of the Spurs will be at the Wal-Mart & we will have a couple of officers to
provide security
-Everything is going good
Mr. Hughes stated CC has awarded authority to the
City Manager to close streets for special occasions. We can help citizens with traffic cones &
barricades to block the streets. He
would need to know what streets & the numbers, which will be included in
the closing.
(3) Report and Discussion of
Significant Economic Development Activity
Mr. Luft had no report.
(4) Report and Discussion of
Future Agenda Items
Mr. Hughes reported:
-July 31 - Next CC meeting at 7 PM: 5 items of “Old Business” & in “New
Business” he expects to have the Certified Tax Roll
12. Adjournment
At
approximately 9:38 PM,
PASSED
AND APPROVED THIS 21st DAY OF AUGUST, 2007.
___________________________
ATTEST:
____________________________________
Adriana
I. Hieronymus, City Secretary