CITY OF
CITY COUNCIL MEETING
MINUTES OF JULY 31, 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 7:03 PM,
2.
Invocation by Pastor Jesse Aguilar,
Pastor
Aguilar congratulated the newly elected CC members.
Pastor
Aguilar gave the invocation.
3.
Pledge of
4.
Roll Call and Recognition of Visitors
5. Consent Agenda.
A. Approval of City Council
Minutes - City Council Workshop July 10, 2007
B. Receive Zoning Commission
Minutes for Meeting Conducted on June 18, 2007
C. Receive Fire and
D. Receive Planning Commission
Minutes for Meeting Conducted on June 26, 2007
Councilman Schindler asked to pull agenda item #5 A.
Councilwoman Weers made a motion to approve agenda
items #5 B –D. Councilwoman Bazany
seconded the motion.
It passed unanimously to approve agenda items #5 B
-D.
Councilman Schindler made a motion for a correction
on the CC minutes of agenda item #5 A, page 3, 11th line.
It reads: “He would like to see
Should read: “He would not like to see
Councilman Uballe seconded the motion.
It passed unanimously to approve the motion as
stated by Councilman Schindler.
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.
-Mr. S. T. Russell of 224 Ralston congratulated
& thanked CC on their vote of the drag park which was voted on a couple of
weeks ago & would like them to vote “no” tonight at the second reading
-Mr. Dave Vaudrin of 220 Ralston echoed with what
Mr. Russell commented
-Mr. George Tully of
-Mr.
-Ms. Mary Caudell of 6264 FM 1516 N will speak on
agenda item #9 B
-Ms. Loren Weishaar of 212 Ralston echoed with what
Mr. Russell & Mr. Vaudrin commented & asked for CC to examine their own
conscious if it was being proposed in their own back yards
-Mr. John Mendoza of 8359 Copperglen will speak on
agenda item #9 E
-Mr. George Spawn of 104 Gateway a wildlife
biologist says we are very lucky to have the wet land/green land corridor back
there (speaking on
-Ms. Ann Garner of
-Ms. Daphne Bible of
-Mr.
-Ms. Nelly Hicks of
-Mr. Ken Tillman of
-Mr. Bob Karre of 217 Ralston concurred with the
above comments on ATV’s
-Mr. Jeff Beehler of
-Ms. Laura Beehler of
7. Special
Consideration Items
A. None
8. Public Hearings
A. None
9.
Old Business
A. 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 would complete the process
for this parcel. We have informed all
property owners that will be affected by this annexation by letter, have held
public hearings & had the first reading at the last CC meeting. It is time to develop the area & we have
a developer who is about to plat & begin 400 residential homes & we
have an elementary school that is going.
Recommend approval.
Councilman Schindler made a motion to approve agenda
item #9 A. Councilman Uballe seconded
the motion.
It passed unanimously to approve agenda item #9 A.
B. Discussion and Appropriate
Action on 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 is the 2nd of 3
pieces of property being considered. It
is 45 acres that fronts on FM 1516. We
had some confusion today whether it was in our ETJ. He had a discussion with Jesus Garza&
they were able to reconstruct the process that actually happened in the 60’s
& 70’s. Before 1967, there was no
such thing as ETJ; if the property was unincorporated then the City adjacent to
it could incorporate the property without second thought. In 1967, the State legislature established
the concept of ETJ; it is assigned cities with 5,000-population ½ a mile of ETJ
extending from their boundary of newly annexed property. For towns of 10,000 or greater it gave them a
mile & for towns the size of SA it gave hem 5 miles. When you immediately establish this process,
as you can imagine, ETJ’s over lapped.
The legislature said the cities should meet & negotiate & by
mutual agreement de-conflict that. There
was an Ord. in 1969 that addressed the northeast & east sides of that
overlap. In Dec. 1979, the second
agreement addressed the last 7 parcels where Converse & the City of
Mr.
Ms. Mary Caudell of 6264 FM 1516 N. stated she was
there on behalf of Michael & Theresa Hardin, active duty Army in
Mr. Hughes stated Mr. Garza left a message on Mr.
Caudell’s voice mail informing him that the map that was posted on the web site
is in error & they have located the evidence to clearly show that the
property they have before consideration for annexation is indeed Converse ETJ. On the second part, Mr. Hughes read from the
statute. We have a requirement &
there is guidance for an exception of the requirement if you are backed up
against another jurisdiction & you cannot achieve another 1,000’ for that reason
& there is nothing unlawful about the action.
Councilman Uballe made a motion to approve agenda
item #9 B. MPT Jauregui seconded the
motion.
It passed unanimously to approve agenda item #9 B.
C. 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 East of FM 1516 and Adjacent to the South
City Limit of City of Converse (Second Reading) (City Manager)
Mr. Hughes stated this is the 3rd of 3
parcels in this category. He did confirm
with Mr. Jesus Garza of the SA Planning that this parcel is indeed in the
Converse ETJ. Again, with restrictions
are less than 1,000’ because in this particular case are surrounded by the SA
ETJ. Staff’s recommendation to approve.
Councilman Uballe made a motion to approve agenda
item #9 C. MPT Jauregui seconded the motion.
It passed unanimously to approve agenda item #9 C.
D. Discussion and Appropriate
Action on a Request to Approve City of
Councilman Uballe stated what he likes about this
particular Ord. is the encouragement it gives to the citizens. He would like to see contests &
rewards. He supports this Ord.
Councilman Schindler concurred with Councilman
Uballe’s remarks.
Councilwoman Benbrook made a motion to approve
agenda item #9 D. Councilwoman Bazany
seconded the motion.
It passed unanimously to approve agenda item #9 D.
E. 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 we have implemented the changes
given last time.
-There are 2 “Whereas” deleted
-Section 1: Putting 61.73 acre to be named “
-Section 11. Hours of Operation – No Change
-Reservation policy amended as indicated
-Swimming Pool:
Now request 72 hours in advance
-General Policies, item 3 E has been added
-
-Fishing is permitted from banks, piers & boats
in accordance with
-Boats are permitted provided they are registered
& operated in accordance with Texas Law
-Boat motors are prohibited except battery operated
electrical trolling motors not to exceed 12 volts
-
-Camping in
-Camping permits may be obtained by registering the
vehicles & persons that will be camping & paying a fee per vehicle per
night
-Camping fee may be waived by the City Manager for
civic organizations & youth groups
-The fee has been moved back into the attachments
& is not in the main Ord. itself
-Generators are prohibited in all City Parks without
approval of the City Manager
-The 2nd “#4” East Park Policies has been
amended to read #5 East Park Policies
-
-Entry is prohibited except for City officials &
employees on official business
-Mr. George Tully of 10030 Windburn Trail stated
basically he has no problem with what we are doing with the City Ord. He thinks the camping should be on a hold:
they need infrastructure, are we going to put restrooms down there, will there
be lighting back there, how are they going to enforce the permit(s), emergency
response vehicles, drug use, children doing mischief things, generators &
the noise they make & lastly, etc.
Lastly, he would like to see a nature trail out at
-Mr. John Mendoza of 8359 Copperglen congratulated
the CC for voting “no” with respect to development & allow vehicles that
are going to generate a lot of noise. He
has done some considerable research on noise & the effects on human beings.
-Mr. Ken Tillman of
-Mr. Bob Karre of 217 Ralston stated sooner or later
we need to do something with the City asset down there. He likes the tone of the nature part of
it. There are many opportunities for
people who ride dirt bikes, etc. & are not necessarily all that close by
out on I-10 & south, etc. He just
drove to
{Tape 1, Side B}
-Mr. Jeff Beehler of
-Mrs. Laura Beehler of
-Mr. Steve Brown of 8515 Copper Mine stated he was
absolutely impressed with the actions of the CC & the people in the community
should be given a hand for standing up for their community. CC is to be commended.
Mr. Hughes stated the park at School & Willow is
the “
MPT Jauregui asked about the consistency of calling
the parks:
Councilwoman Benbrook stated she had some serious
concerns regarding the camping in
There was a small discussion on camping & the
park closing at midnight, the City Manager is authorized to grant exceptions
for special occasions.
Councilman Schindler made a motion approve agenda
item #9 E. Councilwoman Weers seconded
the motion.
It passed unanimously to approve agenda item #9 E.
10. New
Business
A. Discussion and Appropriate Action on a
Request to Approve City of Converse Ordinance #401; an Ordinance Regulating Vehicular
Speed Limits on the Thoroughfares of the City of Converse, Establishing School
Zones, Establishing Stops or Yield of Right-of-Way Required by Vehicular
Traffic Prior to Entering Certain Intersections in the Interest of Public
Safety, Establishing Prohibited Turns, Establishing One-Way Streets,
Establishing Prohibited Parking Zones, Providing a Penalty of Not More Than
$200.00 for Any Person Who Shall be Convicted of Violating Any Terms of this
Ordinance, Assigning Responsibilities and Superseding
Chief Jamison stated we have to have an Ord. in
place for all of the streets. This Ord.
is an update on school zone times for JISD.
Additional signage is CC’s call.
MPT Jauregui addressed an additional Stop Sign on
Lone Shadow.
At approximately 8:05 PM,
At approximately 8:12 PM,
MPT Jauregui made a motion to add a Stop Sign at
Lone Shadow & the intersection of Big Mesa.
Councilwoman Benbrook seconded the motion.
Councilman Schindler stated over the years there has
been discussion on placing a Stop Sign at that very intersection. The Police Dept. has sat out there &
physically watched traffic going through there & the determination has
always been that it does not warrant a Stop Sign. Most of the traffic complaints come when
construction is underway in the new subdivision to the south. He suggested that we allow our Police Dept.
& citizens that live along there to way in on it a little bit.
MPT Jauregui withdrew his motion.
Councilwoman Bazany made a motion approve agenda
item #10 A. Councilman Schindler
seconded the motion.
It passed unanimously to approve agenda item #10 A.
B. Discussion and Appropriate
Action on a Request to Sell an Obsolete MRL PIC 50 Heart Monitor/Defibrillator
with
Mr. Hughes stated we purchased these defibrillators
around 2,000 & have had maintenance headaches with them. In fact, we received a grant from Texas Dept.
of Health & used funds from our General Fund budget to match that &
replaced this equipment. We have a
person who is part owner of a private ambulance company that has made us an
offer to purchase this equipment. The
normal process of auctioning we don’t stand a chance of coming anywhere close
to $4,500 for this item.
Chief Wendt stated right now, the equipment is
surplus & 2 of these have been replaced.
He concurs with Mr. Hughes.
Councilman Uballe made a motion 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 the Final Plat for
Mr. Hughes stated all things are in order. Planning Commission & staff recommend
approval.
Councilwoman Weers made a motion approve agenda item
#10 C. Councilwoman Benbrook seconded
the motion.
It passed unanimously to approve agenda item #10 C.
D. Discussion and Appropriate
Action on a Request to Approve the Preliminary Plat for
Mr. Hughes stated this plat is not ready for
favorable consideration & there are several deficiencies (14). The second problem with this plat is they
show an off-site drainage easement through the
Councilman Uballe made a motion to disapprove agenda
item #10 D. Councilman Schindler
seconded the motion.
It failed unanimously to disapprove agenda item #10
D.
E. Discussion of the Effective
Tax Rate for Fiscal Year 2007-2008, and Appropriate Action to Place a Proposal
to Adopt an Ad Valorem Tax Rate of $0.545 Per $100 Assessed Evaluation, on the
Agenda of September 4, 2007 as an Action Item (City Manager)
Mr. Hughes stated the tax rate, which would yield
the same amount of revenue given this years tax base as what was received last
year. The legislation gives a form,
which is about a 4-5-page computation.
We received the numbers from Bexar County Tax Assessor, Sylvia Romo’s
office & in our case we show the effective tax rate for the COC at being
.5039 & they show it at .5072. Then,
comes the roll back rate & we calculate it at .5368 & they calculate it
at .54016. Those numbers are still being
solidified. We have so far, under the
assumption that .545 would be at or under the roll back rate. At this point, we believe .545 (which our
draft budget is based on) is going to be roughly a ½ a cent above the roll back
rate. With that said, we come to 2
options. One, we could proceed with the
budget & consideration to set the tax rate at .545 realizing that it is
going to be above the roll back rate. If
we do that, Mr. Hughes informed CC of what they may do & what the voters
may do. If the governing body of the
taxing unit other than school districts adopts a tax rate that exceeds the roll
back tax rate calculated as provided by this Chapter. The qualified voters of the taxing unit by
petition may require that an election be held to determine whether or not to
reduce the tax rate adopted for the current year to the roll back tax rate
calculated as provided by this chapter.
It states, that a petition is valid only if it states that it is
intended to require an election in the taxing unit on the question of reducing
the tax rate for the current year & it is signed by a number of registered
voters of the taxing unit equal to at least, in our case, 7% of the number of
registered voters of the taxing according to the most recent list of registered
voters if the tax rate adopted for the current tax year would impose taxes for
maintenance and operation in an amount of at least 5 million. Our ad valorem tax rate will not yield 5
million. If it is less than 5 million,
10% of the number of registered voters of the taxing unit according to the most
recent & official list must sign the petition. If Council sets this at ½ a cent the voters
have 90 days to come in with a petition having 10% (750 names to be on the
petition) & right now we are about 7,500 registered voters. Then, we have 20 days to validate the names
on the petition & we either roll back the rate or hold an election to roll
back the rate. If we hold an election
& they vote to do this, it changes the tax rate from .545 to whatever the
roll back rate is. Our best estimate is
.5407 & we would roll it back less than ½ a cent. The total money at stake between the .545
& .5407 is just under $58,000. We
could strip $58,000 from the expenditures of the General Fund, which would
allow us to reduce the tax rate from .545 to .54 (roughly even). Or, we could say we will stay with .545 &
keep the budget as is & say here is what we are doing with the money. The most remarkable change in this year’s
budget compared to all others in the past 5 years is the striking increase in
the amount we are going to put into streets.
If you look at streets there is $450,000 additional that is going into
that category. CC could start the
process with public hearings on the basis of .545 & at any point in the
process down to the 2nd reading of the maintenance & operation
Ord. reduce that number. But, you cannot
go the other way. The numbers he has
given are not the final numbers but it is close enough at this stage that we know
the roll back is not going to be as high as .545. If CC votes to do this, then the next step is
to approve the Milestone Schedule. What
is driving us is the uncertainty about how many new homestead exemptions &
also the amount that is under protest & how many of those that will be won
or lost. We get the numbers from Sylvia
Romo’s office & Bexar Appraisal District.
CC does not set the tax rate tonight, they are voting to place on a
future agenda (Sept. 4). The roll back
is going to be finally calculated on Aug. 7.
There were questions & answers.
{Tape 2, Side 1}
Discussion continued on agenda item #10 E.
Mr. Hughes stated given that we don’t know exactly
where we want to cut $58,000 if we do, then we go forward tonight with .545
& think about where that could come from & what impact that would
have. Then, CC could evaluate the affect
of cutting $58,000.
MPT Jauregui stated in the Executive Session &
in the budget workshop, CC identified other opportunities that they are
increasing dramatically in this year’s budget that maybe they could go back
& look at the increases & get a better opinion as to whether those
increases are all necessary this year.
He stated he is absolutely going to support staying below the roll back
rate.
Mr. Hughes stated we might need to go back in
Executive Session & play the tape to see exactly what was said & what
commitments were made. It will be
painful; it is more than the 1% that we are discussing. If they take the $58,000 from pay, he expects
morale degradation. Everything that we
might look at will have an impact.
Councilman Uballe stated we had an executive session
& a workshop. He thinks as a
Council, they made a good faith effort to try and meet the budgetary needs of
the City & also meet the commitments that were made during election. We are lowering the overall effective rate by
.02 cents when we do this. He would like
to see us put this on the agenda for the next meeting. But, for tonight let’s go with the .545,
because it is what they can do for the City.
Councilman Uballe made a motion to set on the agenda
for the next meeting the effective tax rate of .545per $100 assessed
evaluation. Councilman Schindler
seconded the motion.
It passed unanimously to approve agenda item #10 E
as stated by Councilman Uballe.
F. Discussion and Appropriate
Action on a Request to Approve the Milestone Schedule for the FY 2007-2008
Budget and Tax Rates to Include Conducting a Special City Council Meeting on
August 28, as well as Regular City Council Meetings on August 21, September 4,
and September 18, 2007 City Manager)
Mr. Hughes stated the milestone schedule has been
completely revised from the 1st draft given. There are 3 normal meetings (Aug. 21, Sept. 4
& Sept. 18) & 1 special meeting to conduct a public hearing on Aug. 28.
Councilman Uballe made a motion approve agenda item
#10 F. Councilwoman Bazany seconded the
motion.
It passed unanimously to approve agenda item #10 F.
11. Reports
A. None
12. Adjournment
At
approximately 8:47 PM,
PASSED
AND APPROVED THIS 21st DAY OF AUGUST, 2007.
___________________________
ATTEST:
____________________________________
Adriana
I. Hieronymus, City Secretary