ccreg 06-03-1997REGULAR MEETING OF THE CITY COUNCIL
JUNE 3, 1997
The Schertz City Council convened in Regular Session on
Tuesday, June 3, 1997 at 7:00 p.m. in the Council Chambers
of the Municipal Complex, 1400 Schertz Parkway, Schertz,
Texas. The following members were present: Mayor Hal
Baldwin, presiding; Councilmembers Charles McDonald; Joe
Potempa; Norman Agee, Sr.; Timothy Swinney and Ken
Greenwald. Staff present were City Manager Kerry Sweatt
and City Secretary Norma Althouse.
Mayor Baldwin asked everyone to rise and join him in the
Pledge of Allegiance to the flag.
#1 APPROVAL OF MINUTES:
Joint and Regular 4 -15 -97
Special Session 4 -30 -97
Regular Session 5 -06 -97
Joint and Special 5 -14 -97
Mr. Greenwald moved to approve the minutes for the Joint
and Regular Session of 4- 15 -97, the Special Session of
4- 30 -97, the Regular Session of 5 -6 -97 and the Joint and
Special Session of 5- 14 -97. Mr. McDonald seconded the
motion, which carried with the following votes:
AYES: Councilmembers McDonald, Potempa, Agee, Swinney and
Greenwald.
NAYS: None.
ABSTENTIONS: Councilmember Agee for the Joint and Regular
Session of 4- 15 -97, the Special Session of 4 -30 -97 and
Items #1 through #8 of the Regular Session of 5 -6 -97.
Councilmember Swinney for the Special Session of 4- 30 -97.
#2 HEARING OF RESIDENTS: Those citizens wishing to
speak on agenda items (other than public hearing items) or
items not on the agenda, will be heard at this time.
George Mower of 501 Brooks Avenue had signed up to speak
about Freeway Manor. Mr. Mower commented he has been
hearing things about Freeway Manor. It was platted in 1958
and annexed by the City of Schertz in 1990. If you go up
there, you can't find the subdivision.
What is the City of Schertz doing for these people for
their City taxes? They have to carry their garbage down to
the frontage road to get it picked up. The roads are
almost impassable and the place is a shambles. He has all
_ kinds of conflicting information and he wishes the group
from there would have a public meeting to hash this out as
to what they're entitled to or why they're not entitled to
equal services for their tax money. He hopes City Council
would reply.
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Mayor Baldwin replied that first of all there are three (3)
families who reside in Freeway Manor. Those families are
being served by a 2" water line that has been there for
several years. There's a possibility one meter is serving
two households. The City has been officially asked to
provide some assistance for that subdivision. He asked Mr.
Sweatt to put together some numbers on what it would cost
to bring adequate water to the subdivision and also to
provide streets that would be serviceable to the people who
live there. It would be a very expensive venture on the
part of the City to do it.
Mayor Baldwin asked Mr. Sweatt for some help with the
numbers, but Mr. Sweatt indicated he could not recall what
they were right off the top of his head. He had been asked
to look at the entire subdivision and then break it down
into the areas where the people live. He will get those
figures together again. The only thing he can recall is
approximately $50,000 as a minimum cost to get water to the
two lots which had recently made a request.
Mayor Baldwin added those two lots are deep into the back
of the subdivision, so to get water to them would require a
long water line extension. Another problem is that two
lots together are under the minimum size for a septic tank.
A person on one lot would not even be eligible, under TNRCC _
guideline, to have a septic tank on that lot. Obviously
before the property can be developed and these people can
be provided with any more than what they have, an exception
will have to be made to the 1/2 acre requirement for a
septic tank or there is going to have to be sewer run back
in there.
Mayor Baldwin went on to say it would cost hundreds of
thousands of dollars and he's not sure the taxpayers of the
City would want to take on that kind of burden. Basically,
if there were some way to fund that through the government
or through some kind of community block grant, the City
would be making water and street improvements and allow the
owners of the rest of the properties to come in and
develop. He's not sure the taxpayers of the community are
ready to do that at this point in time.
The chances are slim to none that three families will
qualify the City to be eligible for a community block
grant. They are looking into that. So unless someone can
rally all the owners and bring them together to share the
cost of making the improvements and bringing the
subdivision up to par, it will probably stay the way it is
for some time to come.
Mr. Swinney asked Mr. Mower if he would favor spending
hundreds of thousand of dollars for those three families.
Mr. Mower replied he would favor giving them their tax
money back if improvements are not going to be made. if
the City doesn't want to spend money, then he suggests
deannexing them and giving them back their independence.
They didn't want to be annexed.
Mayor Baldwin acknowledged the City could deannex them and
then they would pay one and one -half times the current rate
for water, and they would not have fire, police and EMS
protection.
Mr. Mower maintained the City annexed them under State law
and that same law says you have to provide them certain
services and the City is not providing those services.
Mr. Potempa mentioned, if memory serves him correctly, the
law states you have to provide them only fire and police
protection. Mr. Sweatt advised you have to provide like
services to like areas of concentration. Mayor Baldwin
observed they wouldn't have garbage pick -up if they were
deannexed.
Mr. Mower argued the laws under which they were annexed
says you have to provide all those services the other
citizens are getting within 4 and one -half years and it's
been seven years. The other thing is that in the law it
specifically says you must make provisions for the streets.
Mr. Swinney asked Mr. Mower if he is saying the smartest
— thing to do is deannex the area and Mr. Mower replied he
is not the one who annexed them against their will.
Mayor Baldwin told Mr. Mower the Council has told him all
they know and the citizens up there are entitled to request
deannexation. They need to consider the options.
Referring to having to haul the garbage down to the
frontage road, Mr. Potempa pointed out if they were
deannexed, they would have to haul it down there anyway.
Mayor Baldwin mentioned that Mrs. Kramer who lives over
here behind the apartments on Schertz Parkway also has to
haul her garbage down to the road because the path back to
her home is not a dedicated City street. The streets in
Freeway Manor are not dedicated City streets. Council is
doing all they can to try and help the people in Freeway
Manor.
#3 ORDINANCE: Consider and take action on final
reading of Ordinance approving Tax Abatement and Tax
Abatement Agreement with Theis Distributing.
Mayor Baldwin introduced an ordinance and read the caption
as follows:
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97 -T -14
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, APPROVING A TAX ABATEMENT AND A TAX
ABATEMENT AGREEMENT FOR AND WITH THEIS
DISTRIBUTING INC. A PROPERTY OWNER IN THE CITY
OF SCHERTZ.
Mr. McDonald moved to approve the final reading of an
Ordinance approving a Tax Abatement and a Tax Abatement
Agreement with Theis Distributing. Mr. Potempa seconded
the motion, which carried with the following votes:
AYES: Councilmembers McDonald, Potempa, Agee, Swinney and
Greenwald.
NAYS: None.
#4 SCHERTZ BUSINESS ASSOCIATION: Consider and take
action regarding approval of contract for 4th of July
Jubilee.
Mr. Sweatt reminded Council this is the same contract the
Council and the Schertz Business Association have agreed to
for a number of years in the past.
Mr. Potempa moved to approve the contract between the City
of Schertz and the Schertz Business Association for the 4th
of July Jubilee. Mr. Swinney seconded the motion, which
carried with the following votes:
AYES: Councilmembers McDonald, Potempa, Agee, Swinney and
Greenwald.
NAYS: None.
#5 AUDIT REPORT: Consider and take action accepting
Audit Report for FY 1996/97.
Mr. Fred Timmons stated they had reviewed the highlights
of the audit report at the workshop last week. The General
Fund had excess revenues over expenditures which gives it a
strong fund balance. A portion of that fund balance will
be designated for future use. The Water /Sewer system had a
strong year. SAFES had a good year which is a credit to
the City because so many EMS systems across the State have
to be subsidized. The City is in a good financial
position.
Mayor Baldwin thanked Mr. Timmons for all his hard work
and effort.
Mr. Agee moved to accept the Audit Report for FY 1996/97.
Mr. Greenwald seconded the motion, which carried with the
following votes:
AYES: Councilmembers McDonald, Potempa, Agee, Swinney and
Greenwald.
NAYS: None.
At this time Mayor Baldwin moved to agenda Item #11.
#11 Consider and take action on request from Bexar
County Department of Housing and Human Services for
continued participation in the HUD Community Development
Block Grant Program.
Mayor Baldwin introduced Mr. Jesse Flores who is with the
Bexar County Department of Housing and Human Services. He
is here to address Council this evening on their continued
participation in the HUD Community Development Block Grant
Program. The Council has already agreed not to participate
and Mr. Flores is here this evening to provide further
information in an effort to try and persuade the
Councilmembers to change their minds and continue their
participation in the program.
Mr. Flores explained that every three years Bexar County
has to requalify as an urban county in order to receive
block grant funds and home funds from HUD. The funds are
used primarily to benefit low to moderate income persons.
To qualify as an urban county, they have to meet a certain
population threshold. It's his responsibility to go out
to all the suburban cities and asked that they lend him
their population for participation in the program.
Mr. Flores had brought some information which he
distributed to Council. Among other things it was a list
of the cities who have participated since 1986. He said he
was there to answer any questions the Council may have.
Mr. Flores commented he understands there has been
discussion about the City looking at applying for some
money from the State program. If you participate in the
County's program for the three years, then under the
regulations, you are not allowed to also apply to the
State. It has to be either or. The disadvantage he sees
in the City applying directly to the State is they are
competing with all the other cities in the State of Texas.
If they join the urban county program, then they are
basically just competing with the cities that participate
in the program.
Mr. Flores explained the only population the City would
lend would be that in Bexar County. However, if the City
had a project eligible for funding, then the entire City
limits of Schertz could be considered.
There was discussion about Freeway Manor and whether or not
it would qualify for funding, about Schertz projects that
have qualified for funding in the past, and about the fact
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participation by other cities in the urban county program
has gone down by 408 since 1986.
Mr. Sweatt mentioned the City feels the State capital fund
offers the right kind of money for industrial development.
If the City is in the urban county program, they cannot
apply to the State. Economic development projects have not
ranked quite as high in the urban county program. The City
has had a good relationship with Bexar County, but feels
dealing with the State capital fund would add another arrow
in the quiver of dealing with industrial development.
After further discussion by both Council and Mr. Flores,
the consensus of Council was to stay with their original
decision to go with the State capital fund and not
participate in the urban county program.
Mr. Flores thanked Council for their time.
#6 ORDINANCE: Consider and take action on final
reading of Ordinance rezoning approximately 200 acres of
land from R/A and GB to M -1 (San Antonio I and San Antonio
III Limited Partnership and Charles Forbes property.)
Mayor Baldwin introduced an ordinance and read the caption
as follows:
97 -S -17
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, AMENDING THE UNIFIED DEVELOPMENT CODE
(UDC) ORDINANCE NO. 96 -S -28 BY REZONING
APPROXIMATELY 200 ACRES OF LAND OUT OF GUADALUPE
COUNTY AND REFLECTING SUCH CHANGES ON CERTAIN
ZONING MAPS IN ACCORDANCE WITH THE SCHERTZ UDC
ORDINANCE.
Mr. Greenwald moved to approve the final reading of an
Ordinance rezoning approximately 200 acres of land from R/A
and GB to M -1. Mr. McDonald seconded the motion, which
carried with the following votes:
AYES: Councilmembers McDonald, Potempa, Agee, Swinney and
Greenwald.
NAYS: None.
#7 ORDINANCE: Consider and take action on final
reading of Ordinance rezoning approximately one (1) acre of
land from R/A to GB (Albert White property).
Mayor Baldwin introduced an ordinance and read the caption
as follows:
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NO. 97 -S -18
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, AMENDING THE UNIFIED DEVELOPMENT CODE
(UDC) ORDINANCE NO. 96 -S -28 BY REZONING
APPROXIMATELY ONE (1) ACRE OF LAND OUT OF BEXAR
COUNTY AND REFLECTING SUCH CHANGES ON CERTAIN
ZONING MAPS IN ACCORDANCE WITH THE SCHERTZ UDC
Mr. McDonald moved to approve the final reading of an
Ordinance rezoning approximately one (1) acre of land from
R/A to GB and to refund Mr. White's $50.00 fee for the
public hearing. Mr. Potempa seconded the motion, which
carried with the following votes:
AYES: Councilmembers McDonald, Potempa, Agee, Swinney and
Greenwald.
NAYS: None.
#8 PUBLIC HEARING: To receive citizen comments
regarding the annexation of approximately 35.31 acres of
land (Forbes property).
Mayor Baldwin explained the procedures to be followed for
the public hearing.
Mr. Sweatt pointed out the location on the map and then
stated they had sent letters, within the required distance,
to three (3) property owners. Two (2) letters were
returned in favor of the annexation and none were received
against it.
There being no further comments or questions, Mayor Baldwin
closed the public hearing.
#9 ELECTION ORDINANCES:
A. Consider and take action on final reading of
Ordinance calling a bond election to be held in the City of
Schertz, Texas; making provision for the conduct of the
election; resolving other matters incident and related to
such election; and providing an effective date.
B. Consider and take action on final reading of
Ordinance ordering an election to be held in the City of
Schertz, Texas, to submit a proposition on the question of
the adoption of an additional sales and use tax under the
provisions of Section 4B, as amended, of the Industrial
Development Corporation Act; making provision for the
conduct of the election and resolving other matters
incident and related to such election; and providing an
effective date.
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Mr. Sweatt advised these ordinances had been discussed at
the workshop and the first readings had been approved.
These are the final readings.
A.
Mayor Baldwin introduced an ordinance and read the caption
as follows:
ORDINANCE NO. 97 -E -15
AN ORDINANCE CALLING A BOND ELECTION TO BE HELD
IN THE CITY OF SCHERTZ, TEXAS; MAKING PROVISION
FOR THE CONDUCT OF THE ELECTION; RESOLVING OTHER
MATTERS INCIDENT AND RELATED TO SUCH ELECTION;
AND PROVIDING AN EFFECTIVE DATE:
Mr. Swinney moved to approve the Ordinance calling for a
bond election. Mr. Potempa seconded the motion, which
carried with the following votes:
AYES: Councilmembers McDonald, Potempa, Agee, Swinney and
Greenwald.
NAYS: None.
B.
Mayor Baldwin introduced an ordinance and read the caption
as follows:
ORDINANCE NO. 97 -E -16
AN ORDINANCE ORDERING AN ELECTION TO BE HELD IN
THE CITY OF SCHERTZ, TEXAS, TO SUBMIT A
PROPOSITION ON THE QUESTION OF THE ADOPTION OF AN
ADDITIONAL SALES AND USE TAX UNDER THE PROVISIONS
OF SECTION 4B, AS AMENDED, OF THE INDUSTRIAL
DEVELOPMENT CORPORATION ACT; MAKING PROVISION
FOR THE CONDUCT OF THE ELECTION AND RESOLVING
OTHER MATTERS INCIDENT AND RELATED TO SUCH
ELECTION; AND PROVIDING AN EFFECTIVE DATE.
Mr. Swinney moved to approve the Ordinance calling for a
sales and use tax election. Mr. Greenwald seconded the
motion, which carried with the following votes:
AYES: Councilmembers McDonald, Potempa, Agee, Swinney and
Greenwald.
NAYS: None.
#10 CONTRACT: Consider and take action approving
contract with Guadalupe County Elections Administrator for
conducting a special bond election and a special sales tax
election on August 9, 1997.
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Mr. Sweatt remarked they consider this an efficient way to
conduct business and approval of the contract is
recommended.
Mr. Agee moved to approve the contract with the Guadalupe
County Elections Administrator for conducting a special
bond election and a special sales tax election on August 9,
1997. Mr. McDonald seconded the motion, which carried
with the following votes:
AYES: Councilmembers McDonald, Potempa, Agee, Swinney and
Greenwald.
NAYS: None.
#12 CITY MANAGER'S REPORT: Reported they have begun
to experience some small problems at the swimming pool with
minors smoking, which is against the law, and they have
ejected them from the pool. Until such time as a proposal
is brought before Council to establish a policy on smoking
at the pool, they intend to permit smoking by adults on
adult night only.
#13 ITEMS BY COUNCIL: Mr. McDonald:
mowing and said woodland Oaks looks bad.
the Railroad is going to pay the City a,
weeds along FM 78. Mr. Sweatt indicated
letter to the Railroad and they generally
previous arrangement.
Mentioned weed
He then asked if
lain to mow the
he had written a
agreed with the
Mr. Potempa: A. Reminded everyone this coming Saturday
night is the Firemen's Supper.
B. He was told this morning about a summer sports
activities program at Corbett Jr. High from 10:00 a.m.
until noon. His grandson thought it was great.
Mr. Agee: Asked how many Councilmembers are planning to
attend the Association of Mayors, Councilmembers and
Commissioners which starts on July 24th and goes through
July 27th. It was suggested those who are planning to
attend get their registration filled out as soon as
possible. Mr. Sweatt advised if they get it in before
July 2nd, there's a price break.
Mr. Swinney: A. Referred to an article in the Herald
about graffiti in Universal City. He also noticed they
have a problem in Schertz along FM 78.
B. Mentioned he had asked Mr. Sweatt to delay the
consideration of the deferred compensation plan for
employees because he felt there might be a better one out
there. In checking around, however, he has discovered
Schertz is not big enough to take advantage of some of the
plans he had in mind, so they might be coming back with the
original plan.
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Mr.. Greenwald: A. Stated he received a letter from the
Guadalupe Blanco River Authority inviting him to attend a
Guadalupe County Council meeting. It was discovered
several others had also gotten the same letter. He
suggested they RSVP so a meeting can be scheduled around
their best time.
B. Noted he also received a letter asking him to
participate in promoting the Trans -Texas water plan. Mr.
Sweatt thought that was a San Antonio River Authority
project. Several other Councilmembers had also received a
similar letter. Mayor Baldwin thought it was critical they
try to participate in all these plans having to do with
water issues.
C. Indicated it looks like Senate Bill 1 is going to be
approved. This will really create a problem for CRWA.
#14 ITEMS BY MAYOR: A. Commented he received a
letter from Helen Gutierrez asking that Live Oak Road be
renamed Gutierrez Lane in memory of her father and uncle.
He had given everyone a copy of the letter and also a copy
of the procedures that need to be followed for changing a
street name. The City needs to get back with her so she
can begin the process.
B. Remarked he had asked Mr. Sweatt about the possibility
of hiring a consultant to help the City develop a pay plan
for the future. Mr. Greenwald asked that Mr. Sweatt get
some figures together on how much that would cost.
Mr. Swinney asked if TML would have any guidelines on pay
and Mr. Sweatt replied TML would have surveys and data.
They wouldn't have a consultant, but they would furnish
information. Mr. Swinney theorized there would be a lot
of cities out there who would be interested in this same
thing.
Mr. McDonald thought they were looking more at a survey of
responsibilities for each position. Mayor Baldwin stressed
he is talking about reviewing the pay plan itself.
Mr. Sweatt asked if they want him to do something before
budget time and was told no. Mayor Baldwin expressed his
concern about going from the entry level to the top step of
a certain service grade in seven (7) years and felt that
was not sufficient.
C. Acknowledged a letter of resignation from Regis Lynch
of the Housing Authority Board and said he would like to
appoint Earl Sawyer to replace Mr. Lynch. The Mayor has
the authority to do that. However, the Council needs
someone to serve as liaison to the Housing Authority Board.
Councilmember Agee volunteered to be the liaison for
Council.
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#15 ADJOURNMENT: On a motion by Mr. Potempa, seconded
by Mr. Swinney and unanimously carried, the meeting was
adjourned at 8:23 p.m.
;Z7
7 i
Mayor, City of Schertz, Texas
ATTEST:
City Secretary, City of Schertz
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