ccswks 03-27-1991
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SPECIAL MEETING OF THE CITY COUNCIL
MARCH 27, 199 1
The Schertz City Council convened in Special Workshop Session,
Wednesday, March 27, 1991 at 7:00 p.m. in the Conference Room of
the Municipal Complex, 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 R.
Sweatt and City Secretary June Krause.
#1 HEARING OF RESIDENTS: A. Mrs. Tereletsky related that
she had tried to make reservations for some picnic tables in the
park and found out it costs $ 35 to reserve them. She said she
pays taxes and that she could go down there early in the morning
and hold her tables and would have to pay nothing. She said she
understood that the reservation assures her of the place she
wants. She checked with other cities in the area and found that
these rates are higher than other city's rates. She also felt
that $75 to rent the small pavilion was ridiculous. She finished
by saying that when she is paying taxes to clean the park, s"e
could not understand why she had to pay $35 to rent some tables.
Mayor Sawyer said that was done at the request of people who
wanted to reserve the park and be assured they had the place they
wanted. He said he did not use the park; but if he did, he would
expect to pay.
When asked if there were other fees involved, Mr. Sweatt advised
that there would be security if alcoholic beverages were
involved. The fees are $25 for reservation and $10 fOT
maintenance of the area. He said the fees were set by Counl:i}
s,:'me two and a ha 1 f years previous 1 y. At that time, t' e'
'3':.r:::,'ounding c it ies were surveyed and we f e It (Jur fees \dere If;
1 1:>::; . I f a per son pre fer s ncot tor eseI've, then of (";ou:r: St:, th.:,:,-c-
L:: no fee. Quite frequently we have rlad extensive clear up I:
t:-,6 park When a person reserves their space find the pClrty 1 >
11:0C a.m. and they go down ~lnd someone is in thE~ir spa,-
~'0:1 all they have to do is show their reservation and/c:]' c~,:.,:1
.~~ ~-. 1=" ~)(=~ 1 ice ..
>!.c:. Sta r:hcpe sa ie when she won 1 tJ. make s'1Uadr(l n reserva t i.)n s ,-' ~.
Dald the fee a~d the~ knew she had it reserved-
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Sawyer askec'l. Mrs. Tereletsky t() 9 Lve Cc,ur;cil time +c; W' 'l'i-I
if the fees CQuld be lowered, they would be.
!r1,3_"i~)r
o Mr. Jim Shriver reservee time fo~ item #e
# 2 Discussion .:tf publ Ie hear ing, to be held jol ntl y with
t'hE: PlanniClg & Zoning Cornrnissi()n, to :r ecelve cItizen j nput U~L
amending the Zoning Ordinance regarding political signs.
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Mr. Sweatt advised that we would be holding a joint public
hear i ng wi th P&Z. Counci 1 has approved the fir s t readi ng of th e
':::' r din a n c e i and aft e l' h 0 I din g the pub I i. c he a r i n g , Co u n c i 1 C (j l!
defer and wait for a P&Z recommendation or they can ask if the
or ig i na 1 P&Z recommendation s t a nd and then act on the f i i'rl]
;~I:::,;;sideration of the ordinance.
#3 Discussion of appointing Charles McDonald as Marketing
Team Chairman of the Economic Development Task Force.
Mayor Sawyer said he did not see how anyone could object to tlli~
appointment and asked that it be on the actinn agenda.
#4 Discussion of a resal ution approving participation In
Telephone Franchise Steering Committee,
:'~l'. Sweatt said there has been <>:>;;siderable discussion around tl:~
State on this. Over the past number of years, Southwestern Bell
franchises have been handled differently allover the State. A~
:.::i8 became an issue, TML established the committee to have <3.;;
~m:;;:'act on franchises as they are rt:':negl.)tiated. This suggest":'l}
resolution does nc,t commit the ':::ity tc) any C(,sts - just that th,,:,'y'
'v.}i! 1 s~~~;.dy and mak8 re/::~clmmEflaat ir=:A.; 1=;ai~k t() (~('-;lrll;il.
V'l' Greenwald asked what woullj
=_-f:?'sr::'ll :;"',: ':'c1n. !1r. Sweatt '3.3 id
be accompllsh~d with this
t}le jr,tenc1ed effect 1S
standard
to sh"w
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Jl~fter further discussion, l'.!ay,)!:, SawYI?:t: dsked that this be ,:,n "-=.
.~,~~t actiCrTI agenda.
115 Discussion of request by George Hower pertaining t,:,
" Tunked Vehicle" ordinance,
,/', Sweatt advised that thi:3 ':;~1:11e <, Cr)Urj,::~l ciS d result of .:"_
>:.'= t e r t (i t 11 e p r c. pert: y 0 vJ n era t 5 0 1 B 1 "" k~,; , The v e hie: 1 e
'T..:,':)sti.:,:' has expi.red license I:,lates and inspec:tLon s1':i'::k",,(.
Jl:l:::r ,:'ur current ordl::dncei we pce-::;uppr,se under tn,.:..-,-
~i;,,"'~-:;~lr1:;taiice:::. th;::.. '\/e~-:i.,=-le l~ .ir"~~:8r'11~:J.F:. ou::- l~tteY states tl,,1
.:.c pe:::.p 1 e have a r i Q'h t.. apI:l?a I ' Nl, 110wer was given."
'=~~.~>=<,:_~~.-'~i~}l ~l) C()r1~ ~)~:=l):r8 ~>~ ~1~L t<l ctr<p8Cil th8 flndLngs ,-.f 't~.-
_:-~:;er=~':"Crn :Der'artr:~ter:t. T;--'~ di'~(:ll.':-sll n ~n1'pred. ar()u~'!(1 11
~/'_:~'_l(~:.;::' l=I~'i"~i~' '=lpej~-abl~. Y:r. Sw~~tt :-;,~.td 51 Wt~S i"i_is un(ler',~tr;tn(lj",.:.
:.:;..:.;; appeal tc tl>: C()un(~~~ ;:'l~dl'3 w.~U-' :;Ife' \lr(l~_dlty of (lHr I~lty
"',::i'":a:-'::::e, If M:' Hower::::a:" pj'ove t-h"" \l8h~(::]e is "l'erc.tb]e, "
\J(,'~':"d be necessa:::.y t03.11ow t'-e 'v'e'r,i(~,18 ;-(, remain on 'i.
::I?"'&-'" El", Si"i.3att said he he:d i:ttel'lpte.1 t,\ tiilk with i-'.':',
~'J~I.':'\Je~ ~~~t rl8 sai[~~ lie ;~1~.!~1 r'(~it vj,:tr";t t(} t....:J1.~ 1nf~; tl-:~ (~lty l"lo~nd'J~r.
~}~-". G' - "::. ~:"- ,^I3 1 (1 '; a. ~ ,~: ~!l'. !v1clwe f:~ '-. '.~. .~. '.
,-1 t:.,:t resc1 tr:at ~L~ ~1..?I'L~~~~:_e
'~'d~: i J 1 ....,l
,~ ~!. -. j(- ~~ (: V 8 i" n c-..:; t ':-) '~:~ .-1. t 1-.1.'; 1-'
r3.ered junked if it
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',., S~!eatt said our ordinance said it must be proved inoperable.
We can change our ordinance or change our notice to property
owners. Our presumption has been that it is inoperable, since it
meets the other circumstances.
Mr. Sweat said with regards to Mr. Mower's case, we don't know if
his vehicle is operable or not. He says it will start but that
does not prove it is operable. If he can prove it is operable,
then we will stop the process and allow the vehicle to remain on
his property. To clarify, we can change our ordinance and letter
to property owners. Mr. Sweatt said he would try again to
contact Mr. Mower.
Mr. Shriver related that the letter that Mr. Mower received said
he had ten days to notify the City whether he wanted to go before
P&Z for a hearing. He waived his right at the meeting.
Mayor Sawyer and Council agreed that Mr. Sweatt could make
another attempt to talk with Mr. Mower; but at any rate he should
be allowed to meet with Council.
#6 Discussion of P&Z recommendation on proposed changes to
the Zoning Ordinance regarding Site Plan Proceedings.
Mr. Sweatt advised that P&Z had prepared a memo which describes
the changes recommended; and in the last paragraph they ask for
Council consideration and comments. They al so ask that they be
notified before further action is taken, such as scheduling a
publ ic hearing. The net effect of these changes are to explain
the process in which a plan is submitted by developer that will
describe in detail the layout, design and construction of
buildings and structures on a site to protect the public interest
in safety and economy.
Mr. Sweatt said, since this is such an extensive package, perhaps
it should be on the next workshop agenda for discussion, then
notify P&Z of Council's directions before setting public hearing
dates.
#7 Discussion of SAFES Write-offs - second quarter 1990.
Mr. Sweatt presented a tabulation of proposed SAFES write offs
covering the second quarter of 1990, totaling $5,358. This
represents a collection rate of 79.2%, which we believe is
extremely good for any ambulance service. These will be written
off as an accounting measure only - every effort will be made to
collect these charges. He added that it has been discussed with
SAFES on many occasions, the use of the City attorney for
collection; however they have asked that we not do that for
public relations.
During the ensuing discussion, Mr. Sweatt said that at one time
we did use a collection agency but it cost more than was
collected. It was brought out that next budget year when the per
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capita is figured for all cities, everybody is going to have to
pay for these write-offs.
Mrs. Marsh said she still felt we should use a City attorney
letter as that has not been tried yet. Mr. Sweatt said that
SAFES feel they are in the emergency care business and that they
have fund raisers to help offset these write-offs. He added that
SAFES' collection rate is higher than most ambulance services.
Mr. Sweatt added that the volunteer side of SAFES need to that we
cannot keep writing off $25,000 a year.
#8 CITY MAHAGER'S REPORT: A. Announced the Chamber of
Commerce Mixer for March 28th at Bank One in Live Oak.
B. Reminded Council of the invitation to Selma's Grand Opening
of their new Municipal Complex on Thursday, April 11, 1991.
C. Received a letter from AACOG to consider joining their
Legislation Committee. He added that staff did not feel there is
a need for this service since we have the same from TML.
Mrs. Stanhope asked about the City Manager's activity report
regardinq the coin operated liqhting at the large pavilion,
wanting to know if she was the only one that questioned the fees.
After Council discussion, Mrs. Marsh sugqested looking into this
a little further as she was against payinq $600 for the machine.
This will be discussed at a later workshop.
#9 ITEMS BY COUNCIL: Mrs. Marsh: A. Reported on the 26th
of March Business Club Meeting, advising they had one new
member - La pasadita; were qiven a Chamber of Commerce update; a
City Hall update and financial/audit report; mentioned that Mr.
Potempa spoke to three classes about the scholarship fund and
they now have four appl ications. Al so discussed the Schertz
Sweetheart and that they had asked businesses to sponsor someone.
There was also a lot of update on the 4th of July Jubilee and the
parade.
B. Reported on the Chamber of Commerce Meeting of March 20th, in
which they received a membership update; Economic Development
would have the first proof of incorporation and by-laws at the
next meeting; the March Mixer would be at Bank One on the 28th
and the next one would be April 9th - they want the Mixers to be
held throuqhout the Metrocom. Mr. Lindemann talked about their
representatives going to the different City Council meetings and
that they had received mixed reactions, with every city talking
about the dues structure. Under new business, they discussed the
Suburban Leadership Program, and the 1991 Entrepreneur of the
Year award. They also discussed the State income tax.
C. Reported on the V.F.W. Meeting, saying they will have a
district meetinq on April 28th in Gonzales, Jamboree on April 7th
for SAFES and they need ten new members to meet their quota. They
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had a nice visit from the National Commander and Chief of the
V.F.W. and his group.
Mr. Potempa: A. He mentioned that in the current issue of the
TML magazine, there is a list of cities and it seems everyone is
listed but Schertz. Mr. Sweatt said we do not know why but that
he would find out why we were not listed.
B. He then asked the City Manager if he had new tires on his
vehicle. Mr. Sweatt said he had a set that had been on there for
a couple of months.
C. He said he was under
an update on the budget.
an update after the end
April.
the impression that Council would have
Mr. Sweatt said he would give Council
of the quarter, during the month of
Mrs. Stanhope: A. Asked how the weed letter notices were done.
Mr. Sweatt said in accordance with the ordinance, if the
Inspection personnel sees a property that appears to be in
violation then a letter is sent to the property owner and they
are given ten days to correct the violation and they can also
ask for an extension. Mrs. Stanhope then asked why one house
would be given a letter and the neighbors, with the same length
grass, did not receive a letter. Mr. Sweatt said possibly there
was a complaint.
B. She asked the status of the Animal Control ordinance
amendments. Mr. Sweatt said the Animal Control people had made
recommendations and they are being reviewed at this time.
C. Just for information, Mrs. Stanhope attended a meeting of
GVEC Membership Information Committee and it was very
interesting. They are looking into a merger of the Dewitt County
Electr ical Cooperative. She said do not be surprised to hear
something about this. Also brought up that even the purchase of
GVEC is being looked at by people based out of Chicago.
D. It was mentioned at the Business Club meeting that they were
no longer going to provide cars for Councilmembers for the 4th of
July parade.
E. She attended the TML Region 7 meeting Saturday in Kirby. She
said they first visited with Bob Lee about the FM 3009 widening
and why San Antonio got our funds. She said the first seminar
was on redistricting - each district is divided proportionally by
ethnic. The next was the legal seminar which was mainly on open
meetings, open records with nothing new.
Mr. Greenwald: A. The last Legislative Report showed some
really interesting bills being proposed.
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B. The question was brought up on the Resurrection Baptist
Church at the P&Z meeting. He asked if the City ever got the
agreement formalized. Mr. Sweatt said the attorneys have agreed
on the wording but it has not been signed as yet.
C. Monday night he attended a meeting of Guadalupe County
Commissioners Court where they discussed the possibility of
Guadalupe County joining the Edwards Water District. There is a
considerable section of Schertz that is in the Edwards
Underground Water District; however, we are outside the
district so we are a transporter. He said that all water
districts and some cities were represented. Question came up as
to if or how do you become a member. Russell Masters brought up
that if anyone challenges the 70% cap on water transporters, they
would probably lose. There is a bill in the Legislature to
dissolve the Edwards Water District and each County would become
it's own water district. Judge Sagebiel has agreed to start
doing some checking as soon as most of the bill s clear the
legislature to find out what is going to happen. The Edwards is
not an unlimited supply. Council agreed there is a need to
update our conservation ordinance.
#10 ITEMS BY MAYOR: A. He drove down Zuehl Road and the
trees in the right of way are falling down - the City needs to
remove them.
B. He asked staff to see what is going on at the end of Zuehl.
C. He asked when the city was going to mow the alleys in
Aviation Heights.
D. He said he was alerted that there may be some type waste
being dumped at the Beck landfill that may not be the Type 4
waste. Mr. Sweatt said the State Health Department is
responsible for policing that.
E. He referred to a meeting where it was suggested that a fence
be placed between the trailer court and the residents of Parkland
Village but no fence has been built. Mrs. Stanhope reminded the
Mayor that there is no legal requirement for the fence. The
or iginal owners verbally agreed to the fence but they are no
longer the owners.
Mr. Sweatt said that during the course of the public hearing,
Council asked if they would look into placing this fence and they
said they would take a look at it.
F. He had noticed during his evening walks that there are fire
ants everywhere that needs to be taken care of. Mr. Sweatt said
there is no one type of pesticide that is effective. Mayor
Sawyer said also the parks are full of ants and we should take
care of them.
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# 11 ADJOURNMENT: There being no further business, Mayor
Sawyer declared the meeting adjourned at 9:45 pm.
ATTEST:
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