ccswks 02-26-1997
SPECIAL WORKSHOP SESSION OF THE CITY COUNCIL
FEBRUARY 26, 1997
The Schertz City Council convened in Special Workshop
Session on Wednesday, February 26, 1997 at 7:00 p.m. in
the Conference Room of the Municipal Complex, l400 Schertz
Parkway, Schertz, Texas. The following members were
present: Mayor Hal Baldwin, presiding; Counci1members
Charles McDonald; Joe Potempa; Earl Sawyer; Tomothy
Swinney and Ken Greenwald. Staff present were City Manager
Kerry Sweatt and City Secretary Norma Althouse.
#l HEARING OF RESIDENTS: Bill Neller of 305 Koch St.
spoke about recycling and the rainy weather. Mr. Neller
mentioned he had stacked some newspapers in a plastic bag
for recycling twice (February 6th and February 20th), but
no one came by to pick them up and he ended up putting them
in the regular garbage. No one on his street recycles but
him. Mr. Sweatt asked him if he had called Alamo Waste
and he replied he was referring the problem to Mr. Sweatt.
Mr. Neller then reminded Council the l4th of June (Flag
Day) is fast approaching. In the past he has made
arrangements to dispose of worn, torn and faded flags in a
proper manner. He was asked to do it again this year and
said he would. Instead of having a veteran's organization
involved, he suggested the Boy Scouts or Girl Scouts help.
It doesn't take very long (maybe l5 or 20 minutes) to burn
the flags.
Mr. Swinney thought that to be a worthwhile service
project for the Scouts and asked which troop would be
participating. Mr. Neller answered he had contacted
Harvey Balcer, but hadn't heard back yet. Mr. Swinney
then suggested he also contact Danny Stift.
#2 Discuss Guadalupe County/Schertz/Seguin
Control Program.
Animal
Mr. Sweatt commented a couple of guests are present this
evening who have been involved with the City on this issue
and then introduced County Treasurer Larry Jones and County
Commissioner Jim Wolverton.
Guadalupe County has established an animal control program
primarily to deal with the registration of dogs out in the
unincorporated areas. Dogs have become a considerable
nuisance. Mr. Jones and Judge Sagebie1 have spoken with
him and the City Manager of the City of Seguin and asked if
they would be interested in a joint program. After several
discussions, they concluded they have the outline for
something that is a win win situation for everyone
involved. They have proposed that for the remainder of the
96/97 fiscal year, that Guadalupe County pay to the cities
of Schertz and Seguin $lOO,OOO each that would provide
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for limited impounding services for the remainder of this
year. They would establish an arrangement, on a 1:00 to
5:00 Monday through Friday basis, for impounding services
by both cities. In the meantime, each city will begin the
process of enlarging their shelter facilities and acquiring
the additional necessary equipment, vehicles and animal
cages, and begin to certify additional personnel.
Beginning in FY 97/98, the County would further fund an
additional $lOO,OOO to each city, and full operating
services on a 40 hour week would begin. This anticipates
that each city would enlarge their facilities. In the case
of Schertz, they are looking at enlarging by about sixteen
(l6) runs plus two (2) isolation kennels and one and
one-half (1 1/2) additional persons. After the initial
capital outlay, the cities would then review the number of
animals impounded and the operating costs needed from that
point on. Up to that time, the County would not be billed
for operating costs. If there are emergency calls, the
County will be billed $25.00 per hour for those. It is
believed this framework will solve the County's needs and
also give the two cities the opportunity to expand their
equipment and personnel sufficiently enough to provide
those services.
Mr. Sweatt went on to say the cities of Schertz and Seguin
have also reached a general agreement for dividing up the
County and he has provided a map for Council's review.
There are three (3) incorporated cities in Schertz's area.
We currently provide limited service to Cibo10 (we impound
and charge Cibolo for impounding services). Marion and New
Berlin do not have any arrangements with Schertz. We think
they may want to contract with us if this goes into effect.
Otherwise, the County's payment would entitle residents
outside the corporate limits of any of these cities to call
on us and we will provide services. We think this kind of
arrangement and then an interloca1 agreement between
Schertz and Seguin is advisable. The plan has not gone
before the Commissioner's Court or before the Seguin City
Council, but we have reason to believe everyone is in favor
of it. If the Council agrees on the concept tonight, then
we will get back with Seguin and then either by the next
meeting or the one following that, a formal contract will
be presented for Council's approval.
Mr. Jones explained that State law says if a county in the
unincorporated starts registering dogs, the County
. Treasurer shall be the one to register those dogs.
Authorization to register dogs in the unincorporated areas
was on the ballot in 1995 and was approved. Since that
time, he has registered approximately 2,000 dogs with no
enforcement at all. The Commissioners budgeted $200,000
with no idea of what to do or what it would actually cost.
Upon looking into it, he felt the cities should be
consulted because they have been doing animal control
services for a long time. He feels all the members of the
Commissioner's Court support it. They're just waiting to
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make sure both City Councils will support it.
Mr. Wolverton affirmed that all the Commissioners are in
favor of it and are hoping to get it accomplished by the
end of this year.
Mr. McDonald, saying he has no problem with the concept,
wondered, if under animal control, they're limited to dogs
and cats. What about a cow out there on the road? Mr.
Sweatt answered the County's problem is dogs. It's animal
control to the City so they talked about animal control,
but they may want to tighten it up to say dog control. The
Commissioners have said cats are not a problem, but sooner
or later they will be and we will need to deal with it. We
do not intend to get into the large animal business. Mr.
Jones addressed that issue. The State law talks only about
dogs being under the County Treasurer's jurisdiction. It
will probably, eventually, include cats. The County
Sheriff is charged with stray animals such as cows. Right
now the State Parks and Wildlife Commission takes care of
exotic game such as lions and tigers. Mr. Swinney
suggested the possibility of calling it domestic animal
control.
Mr. Jones further stated he wants the Council to
understand there is a huge problem in the unincorporated
areas. He hopes once it gets cleaned up, there will be
less of a problem.
There was a brief discussion about nuisance calls, about
communication and notification regarding this new plan, and
about enforcement, citations and fines.
Mr. Swinney asked how the City's liability is affected.
Mr. Sweatt replied it is factored into the estimated cost.
Both cities are in the TML insurance risk pool and are both
able to cover liability because they are performing under
an interlocal contract. It's not as expensive as he
thought it would be.
Mr. Greenwald, referring to impoundment, asked if the
county is aware of Schertz's policy and questioned how we
are going to make the residents in the unincorporated areas
aware of the policy. Mr. Sweatt answered the County has
already expressed its willingness to adopt the same
ordinance the City of Schertz and the City of Seguin have.
Seguin is going to modify theirs a little to make it more
like ours.
Mr. Wolverton stated they will include flyers with
statements which are going out very shortly. Mr.
also remarked they are going to have notices put
homeowners associations' newsletters because a lot
areas involved have homeowners associations.
the tax
Jones
in the
of the
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Mr. Swinney questioned the response time, saying it may be
as long as several hours, and .Mr. Jones responded by
emphasizing the rural residential community currently has
no services or response time. Mr. Wolverton promised to
provide Ferguson maps to everyone.
After being asked by Mayor Baldwin, Council indicated their
readiness to go with this proposed Animal Control Program
between Guadalupe County, the City of Schertz and the City
of Seguin. Mr. Sweatt reminded them it may not be
perfected yet by the next meeting, but he will bring it
back to them as soon as possible.
Council took the opportunity to talk with Mr. Jones and
Mr. Wolverton a little about the detention facility in
Seguin, about the proposed courthouse annex in Schertz and
about the hospital situation in Seguin. Mayor Baldwin
thanked the two gentlemen for their time and then Council
took a short break before moving on to Item #3.
#3 Discuss first reading of an ordinance amending the
Code of Ordinances regarding traffic control for newly
platted streets and parking of recreational vehicles on
city streets, rights-of-way or easements.
Mr. Sweatt advised these are two separate issues - traffic
control and R.V. parking. In response to newly platted
streets and the development of the school site in Savannah
Square, it is recommended there be a stop sign for stop
streets of Berry creeK at FM 3009, Forest Ridge at FM 3009,
Inglewood at Savannah Drive, saratoga at Savannah Drive and
Woodland Village Place at Dimrock Drive. It is also
recommended a 20 mph speed limit be established for the 800
block of Savannah Drive and the 3500 block of Inglewood.
Regarding R.V. parking, one of the items reviewed during
the 1995 process of revising the Traffic Code was parking
of recreational vehicles on City streets. Council
discussed it and approved an ordinance which allowed R.V.'s
to park on City streets for a maximum of three (3) days in
a calendar month. The City has experienced some difficulty
in enforcing it and Chief Smith is recommending the time
allowed for R.V. parking on a City street be changed to one
(1) eight-hour period in a calendar month.
Mayor Baldwin felt one (I) eight-hour period in a calendar
month was not enough. He pointed out he, and other people
who have R.V.'s, park their vehicles in their driveways to
load them up, keep them there overnight until they take off
on their trip the next morning, and then park them in their
driveways again when they come home so they can unload
them. He didn't feel eight hours was enough time.
Mr. Potempa stated he has more of a problem with semi's
which are parked on City streets overnight.
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Mr. McDonald suggested making it twenty-four (24)
a calendar month and the rest of Council agreed.
also indicated they were ready for this item to be
on next Tuesday night's agenda.
hours in
Council
included
#4 Discuss assignment of tax abatement for Rex
Bornmann - CFTI (Cabinet Fronts of Texas, Inc.).
Mr. Sweatt related that one of the provisions of the Tax
Abatement Guidelines and Criteria requires City Council
approval to assign the exemption of ad valorem taxes (tax
abatements) when ownership changes. All of the City's
existing abatement agreements contain an assignment
provision. Tax abatements are subject to cancellation
should the assignment be denied.
Mr. Rex Bornmann has formally applied for his assignment.
He currently has two active abatements. He has
restructured his personal assets to a corporate or
partnership entity, the effect of which is a change of
ownership. An ordinance will be required should the
assignment be approved.
With very little discussion, Council was ready to press on
and have this item included on next Tuesday night's agenda.
#5 Discuss appointment to Library Advisory Board.
Mr. Sweatt commented that due to a misunderstanding,
Margaret Riley was omitted from the list of people Council
recently appointed to the Library Advisory Board. Approval
of her appointment is recommended.
Council was prepared for this item to be included on next
Tuesday night's agenda.
#6 Discuss possible membership for Citizens Bond Study
Committee.
Mr. Sweatt reminded Council they had received, in their
packets, a memo from him and a list of names for possible
membership to the Citizens Bond Study Committee. In his
memo he stated he had made additions and deletions to the
list based on Council's directions through February 19th.
He also recommended the list be finalized so they could
make contact with the people and consider appointment at
the March l2th meeting.
Mr. Potempa
contacted and
Sweatt then
discussion.
asked if the
Mr. Sweatt
deferred to
people on the list
replied they had
Mr. Swinney for
had been
not. Mr.
further
Mr. Swinney apologized for some of the confusion. A bond
issue is a very sensitive matter and the image he wants
Council and the City staff to emphasize and promote is
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one of integrity and unity. The only requirements
someone on the Committee are that they be open-minded
have a spirit of community. Mr. McDonald remarKed
don't want a "yes man" Committee.
for
and
they
Mr. Swinney, in reference to the list, said it had been
proposed that the Council and the Mayor come up with a
quota of twelve (l2) names each and that City staff
recommend an additional twenty (20) names. Mr. Sawyer
noted that some of the names had been dropped off the list
and he would like to see them put back on.
Mr. Swinney explained that the people on the list should
be sent a letter telling them about the Committee and it's
purpose, when the meetings will be held, and asking them if
they wish to participate. He also felt that the Staff
should be thoroughly briefed on the capital improvement
projects being considered for the bond issue.
Mayor Baldwin, saying he wished he could have attended the
meeting when the different capital improvement projects
were presented, wondered if it is the intention of the list
of projects to find out what the citizens want. If it is,
then he doesn't think any of the items presented by Mr.
Sweatt should be cut off the list (namely, the golf
course). Mr. Sawyer disagreed, saying he thought it
should be up to City Council to recommend which items
remain on the list.
Mr. Swinney stressed the last thing they want is a
dispersion of their efforts, they need to be focused, and a
golf course is a very controversial issue. Mayor Baldwin
then asked why they need the citizens if they've already
decided what they want and don't want.
Mr. McDonald suggested saying to the citizens that here's
City Council's recommendations, here's Staff's
recommendations, and you are here to decide.
Mr. Potempa observed this was originally a public safety
bond issue of two million dollars and now it's up to
fifteen million dollars and a golf course. There was a
lengthy discussion about the golf course, with Mayor
Baldwin strongly suggesting it stay on the list, but
Council decided to eliminate it from the list. Also, Mr.
Sweatt reminded Council none of the figures for the
proposed projects have been certified.
Mr. Swinney asked what Council thinks of forming three (3)
groups with citizen leaders of each group. Those three
groups would be Public safety, Parks and Cultural. It
seems that either Dobie Middle School or Samuel Clemens
High School would be the best place to meet. Mr. Sweatt
mentioned that Dobie is outside of the City of Schertz.
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Mr. Swinney further stated he thinks they ought to provide
some kind of refreshments, he thinks Tom Anderlitch should
lead off the discussion with an explanation of bonds versus
current revenues, City demographics should be presented,
videos of all situations should be shown, and the Staff
should be introduced.
Mr. Sweatt inquired how they want to deal with the sales
tax issue. Mr. McDonald suggested it be presented en
masse.
After further discussion, Council decided there should be
four (4) groups - Public Safetv Facilities (Police, Fire
and EMS), Parks and Recreation (Athletic Complex, Pavilion
Improvements, Pool Improvements, Creek and Gateway
Improvements), Other Facilities (Streets/Drainage, Library
& Related Community Facilities, Community Center
Improvements), and Financina Means (Sales Tax, General
Obligation Bonds, Other).
Mr. Swinney agreed they will plan on four (4) groups, who
will rotate, and at the end each group leader will step up
to the podium and give their review.
Mr. Sweatt indicated a letter will be sent to everyone on
the list and then the list will be back on the agenda for
Council's approval at the March l2th meeting. That
schedule was favorable with Council.
As a side issue, Mayor Baldwin asked what it would cost for
sidewalks along Schertz Parkway. Mr. Potempa answered the
TIF is taking care of it and is having a joint meeting with
Planning and Zoning on April 8th.
#7 CITY MANAGER'S REPORT:
the change in billing times for
said a letter will be sent to
billing time will change.
A. Reminded Council of
some of the water bills and
all those customers who's
B. Announced they filled two (2) positions in the
Department and for the first time in the history of
City of Schertz, they will have a female firefighter.
Fire
the
C. Stated there was a story in the Herald Newspaper about
the Police Department's training exercises.
#8 ITEMS BY COUNCIL: Mr. Swinnev:
missing the last two meetings due to
business.
A. Apologized for
military-related
B. Declared the graffiti is gone off the Pic-N-pac store.
C. Mentioned the park in Lone Oak is overgrown with weeds.
D. Commented the VFW still owes him $15.00 on his lifetime
membership.
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Mr. Sawyer: Asked if anyone had filed yet for the
election and inquired about the deadline. He was informed
no one has filed yet and the deadline is March 19th at 5:00
p.m.
#9 ITEMS BY MAYOR: There were none.
#10 ADJOURNMENT: On a motion by Mr.
seconded by Mr. Swinney and unanimously
meeting was adjourned at 9:40 p.m.
Potempa
carried,
and
the
I
Mayor, City of Schertz, Texas
ATTEST:
~.- ~
~~t . f h
C1 Y Secretary, C1ty 0 Sc ertz
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