ccreg 01-05-1993
06
REGULAR MEETING OF THE CITY COUNCIL
JANUARY 5, 1993
The Schertz City Council convened in Regular Session
Tuesday, January 5, 1993, at 7:00 p.m. in the Council
Chambers, 1400 Schertz Parkway, Schertz, Texas. The
following members were present: Mayor Earl W. Sawyer,
presiding; Joe Potempa; Barbara Stanhope; Mary Marsh and
Ken Greenwald. Absent: Hal Baldwin. Staff present were
City Manager Kerry Sweatt and City Secretary June Krause.
The Mayor welcomed everyone to the meeting and asked them to
join him in the Pledge of Allegiance.
Mayor Sawyer then called Bob Andrews, Chairman of the
Christmas Decorations Judging Committee, forward to present
the winning plaques.
Mr. Andrews then presented the plaques as follows:
First Place - Residence Christmas Theme - 100 Howard
Mayor Sawyer then presented a blue ribbon to
little Tracy for donating her doll to be "Baby
Jesus" for this decoration.
Honorable Mention - dual winners at 524 and 528 Curtiss
For Resident - Lighting - 400 Brooks Avenue
First Place - Business-Lighting (Outside) - Autumn Winds
Honorable Mention went to Boswell-Niemietz
First Place - Business-Lighting (Inside) - Winns
Mayor Sawyer congratulated all the winners and thanked Mr.
Andrews and his committee for their hard work.
Mr. Sweatt said that not only are we interested in getting
additional entries in the contest next year, but we are
looking for new members to the committee. Anyone having an
interest should contact Steve Simonson with ideas as to ways
this can be improved in the future.
Mrs. Stanhope then asked Mary Lou Malone, Director of
S.A.F.E.S., to corne forward and presented her a check on
behalf of the Schertz-Cibolo Buffalo Valley Lions Club for
all the good work their organization does our community.
Mayor Sawyer then read and presented a proclamation to the
Samuel Clemens Health Occupation Students of America,
proclaiming the week of February 2-13, 1993 as "HOSA Week".
Mayor Sawyer next read a proclamation, which he presented to
Ann Almond, naming her as the City's "Star of the Month" for
January 1993.
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Anita Clark, on behalf of the Business Club, presented Ann
Almond with a flower as a token of their appreciation for
her volunteerism to the community.
#1 APPROVAL OF MINUTES: A.
B.
Special Meeting 12-9-92
Regular Meeting 12-15-92
Mrs. Stanhope moved to approve the minutes of the Special
Meeting of December 9th and the Regular Meeting of December
15, 1992. Mr. Potempa seconded the motion.
Mrs. Marsh asked that her first comments under item #11 of
the minutes of December 9, 1992 be corrected to read "She
commended Mark Marquez on his appointment to the Executive
Committee of the I-35 Corridor Council, mentioning that Mark
is doing a good job.
There being no further corrections, Mayor Sawyer asked for a
vote on the motion, which carried with the following vote:
AYES: Councilmembers Potempa, Stanhope, Marsh and Greenwald
NAYS: None
Mayor Sawyer expressed his regret that Mr. Baldwin could not
be present as he is in the hospital. He and all the Council
wished him a speedy recovery.
#2 HEARING OF RESIDENTS: None
#3 RESOLUTION: Mayor Sawyer read the caption
resolution on the proposed name change of Jack
Boulevard to Roy Richard Drive as follows:
of a
Hays
A RESOLUTION
BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS CHANGING THE NAME OF JACK
HAYS BOULEVARD TO ROY RICHARD DRIVE
Mrs. Stanhope said there had been a lot of discussion on
this proposal, which is very much Mr. Baldwin's project.
She said she had talked with him and he was upset because he
could not be at the meeting.
Mrs. Stanhope then made a ~~tl_Qn to table this
until Mr. Baldwin could be present. Mr.
seconded the motion, which carried as follows:
resolution
Greenwald
AYES:
NAYS:
Councilmembers Potempa, Stanhope, Marsh and Greenwald
None
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#4 ORDINANCE: Mayor Sawyer introduced an ordinance
and read the caption as follows:
ORDINANCE NO. 93-H-1
AN ORDINANCE BY THE CITY COUNCIL OF THE
CITY OF SCHERTZ, TEXAS AMENDING THE CODE
OF ORDINANCES OF THE CITY OF SCHERTZ
RELATING TO CERTAIN ANIMAL CONTROL
VIOLATIONS; AND ESTABLISHING AN
EFFECTIVE DATE.
Mrs. March moved to approve the final reading
ordinance amending the Code relating to certain
control violations. Mr. Greenwald seconded the
which carried with the following vote:
of an
animal
motion,
AYES: Councilmembers Potempa, Stanhope, Marsh and Greenwald
NAYS: None
Mr. Sweatt explained that this ordinance provides a means
and gives the Municipal Court Judge authority to waive fines
under certain circumstances and established an
administration fee for compliance of certain provisions of
the animal control ordinance. We believe that it is the
purpose of the animal control ordinance that deals with the
rabies inoculation and license is primarily to achieve
compliance. There are some fairly stiff penalties in the
current ordinance for violations. We would like for the
Judge to have latitude in those cases in which the owner,
through neglect, has not necessarily complied with the law
but does so immediately upon being informed of the
violation. This would not excuse the violation but simply
give the Judge the opportunity to set that conviction aside
and levy an administrative fee if, in fact, that party had
secured the vaccination or license as quickly as possible
after being notified. We believe that will give our animal
control department perhaps a bit better public relations and
acceptance with animal owners in our community.
#5 ORDINANCE: Mayor Sawyer introduced an ordinance
and read the caption as follows:
ORDINANCE NO. 93-F-2
AN ORDINANCE BY THE CITY COUNCIL OF THE
CITY OF SCHERTZ, TEXAS, PROVIDING THAT
THE CODE OF ORDINANCES CITY OF SCHERTZ,
TEXAS, BE AMENDED BY REVISING SECTION
7-1/2-54, EXHIBIT 2 GARBAGE RATE
SCHEDULE; PROVIDING AN EFFECTIVE DATE;
AND REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT.
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Mr. Potempa rnQy~g to approve the final consideration of an
ordinance amending Section 7 1/2-54 of the Code, Exhibit 2
Garbage Rate Schedule. Mrs. Stanhope seconded the motion,
which carried with the following vote:
AYES: Councilmembers Potempa, Stanhope, Marsh and Greenwald
NAYS: None
Mr. Sweatt explained this ordinance proposes a change in
both the commercial and residential garbage rates. The
commercial rate is an increase of 5.243% and a change of
4.77% in the residential rate. These changes are predicated
on the increase tipping fees or landfill charges that are
charged to our contractor.
#6 ORDINANCE: Mayor Sawyer introduced an ordinance
and read the caption as follows:
ORDINANCE NO. 93-F-3
AN ORDINANCE BY THE CITY COUNCIL OF THE
CITY OF SCHERTZ, TEXAS PROVIDING THAT THE
CODE OF ORDINANCES, CITY OF SCHERTZ,
TEXAS BE AMENDED BY REVISING SECTION 19,
EXHIBIT 10 SCHEDULE OF CURRENT CAPITAL
RECOVERY FEES; PROVIDING AN EFFECTIVE
DATE; REPEALING ALL ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT AND DECLARING
AN EMERGENCY.
Mrs. Stanhope moved to approve, as an emergency measure, an
ordinance revising capital recovery wastewater fees. Mrs.
Marsh seconded the motion, which carried as follows:
AYES:
NAYS:
Councilmembers Potempa, Stanhope, Marsh and Greenwald
None
Mr. Sweatt explained the purpose and the change in the rate
recognizes the change that has been made by the Cibolo Creek
Municipal Authority for capital recovery. They have
increased their capital recovery charges by $485. This is
based on the State Legislation regulating the establishment
of capital recovery fees that describes the fees should be
based on specific items of cost. CCMA has reviewed their
capital cost for plant expansion debt service that is
involved and other factors and has established through the
Public Utility Commission the $485 additional, bringing the
full amount to $985, as being a justified rate for the
living unit equivalent sewer capacity that is used by a new
connection.
Mayor Sawyer asked if this effects the rate payer.
Mr. Sweatt said no, it only effects new construction.
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#7 SCHERTZ PARKWAY PLAN: Consider action regarding
the establishment of Schertz Parkway as a Tax Increment
Financing Zone, approving a preliminary plan and setting the
date for a public hearing.
Mr. Sweatt said the City Council, Planning and Zoning and
Economic Development Task Force have all reviewed a proposal
by which we could establish a plan and technique to
ultimately recover additional fees to enlarge and improve
Schertz Parkway. We have provided information relating to a
1000 foot strip along either side of Schertz Parkway as a
proposed Tax Incremental Financing District. We believe
that this district and plan, that has been furnished to the
Council, about improvement needed in the long run are quite
good and would represent a means that we could collect the
money and not work a hardship on any tax payer. The Tax
Incremental Financing is a system by which growth in the
value of property uses that growth and the ensuing taxes
from all of the participating entities to go toward a
special fund. There are no additional taxes levied - simply
the growth portion of any taxes collected by any district
would be set aside in a dedicated fund. We are suggesting
75% of the growth taxes be set aside for the purpose of
improving Schertz Parkway. However, because it not only
involves the City but also the County and the School
District, it will be necessary to negotiate the percentage.
He said we are recommending that the preliminary plan be
approved and set March 16th as the date for the public
hearing. Mr. Sweatt said he wanted to stress that this
will be a long-term plan - between 25 and 30 years.
Mayor Sawyer said this is a rather painless way to improve
Schertz Parkway as opposed to bonds.
Mr. Greenwald moved to approve the preliminary plan as
presented and to set the date of March 16, 1993 for a public
hearing. Mrs. Marsh seconded the motion, which carried
with the following vote:
AYES: Councilmembers Potempa, Stanhope, Marsh and Greenwald
NAYS: None
#8 CITY MANAGER'S REPORT: Mr. Sweatt invited anyone,
who had not already done so, to drive by the new animal
shelter and see the work that is being done. He said we see
no reason to not meet the March 1st completion. We hope to
be able to complete the items that were originally omitted
with the grant money obtained. He added that we will also
be announcing a fund raising drive for the purpose of
soliciting funds to build a gazebo in the petting area.
#9 ITEMS BY COUNCIL: There were none at this time.
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#10 ITEMS BY MAYOR: None
# 11 ADJOURNMENT: On a _Jn9J::tQD by Mr . Potempa,
seconded by Mrs. Marsh and unanimously carried, the meeting
was adjourned at 7,30 pm. ~ J 0
tLj /)-iL-~~ ___
~Yor, City of SCh~ZI Texas
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