ccswks 11-01-1989
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SPECIAL MEETING OF THE CITY COUNCIL
NOVEMBER 1, 1989
The Schertz City Council convened in Special Workshop Session,
Wednesday, November 1, 1989, at 7:00 p.m. in the Conference Room
of the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas.
The following members were present: Mayor Pro Tem Hal Baldwin,
presidingi Earl Hartzogi Mary Marsh, Barbara Stanhope and Ken
Greenwald. Absent: Mayor Ear 1 W. Sawyer. Staff present were
City Manager Kerry Sweatt and City Secretary June G. Krause.
# 1 HEARING OF RESIDENTS: None
#2 Discussion of November 7, 1989 agenda items:
A. Ordinance amending the sign ordinance, Articles II,
III, VI and VIII.
No discussion at this time.
B. Ordinance amending the Code, Section 12-4 Assessment
and Collection of Special Expenses in connection with Personal
Bond, and Section 12-6 Failure to answer Summons (c), (d) & (g).
Mr. Sweatt said this will be the final consideration of this
ordinance and staff recommends approval.
#3 Discussion of resolution casting votes for Appraisal
District Board of Directors candidates.
Mr. Sweatt read the names of the candidates for the 5 positions,
saying Council would recall that we had submitted a resolution
nominating three of these individuals. We have approximately 166
votes to cast and it seems, at this time, that it will take about
830 to 900 votes to elect a candidate.
Mr. Baldwin reminded Council that in the past, we were unified
with some of the other entities to pool our votes. He said the
Mayor has been in contact with Mr. Brehm of the School District,
because the School District will have some votes left over after
voting to get one person elected.
Mr. Sweatt said we were notified today that the November 14th
deadline to get a resolution in has been extended to November
27th. He said he would recommend that we have our resolution on
the next agenda if possible.
Mr. Baldwin said we would need all of the West Guadalupe County
to get another of our candidates elected. He said he would see
Mr. Brehm the next night and would talk to him about this.
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#4 Discussion of bids on police vehicles.
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Mr. Sweatt said this was our first effort to put on a joint
bidding with another community and it was most interesting. Bids
were opened on October 24 and two bids for police vehicles were
received. One from the Bluebonnet Motor Company, in the amount
of $14,679; the other from Kreuger Motor Company, in the amount
of $13,915.48. We have reviewed the bids and specifications.
For symmetry and consistency wi thin our fleet, we would have
preferred to purchase Ford vehicles; but with the difference in
the price approaching $3,000 for the four units, we feel we
probably could not prove to Council the dollar savings.
However, if we purchase the Chevrolets as the low bid, we have
reason to believe the other entities may choose to not purchase
the low bid. If that occurs, the benefit of the price break of
buying five or more is decreased and we mayor may not be able to
buy these Chevrolets at the quoted price. If we cannot buy at
the quoted price, we will then bring to Council a comparison of
what that price is versus the price that we could buy a similar
vehicle from the Houston-Galveston Council of Governments. At
this stage, their units are s I ightl y higher than these quoted
rates. Our recommendations to you are two-fold. One is that we
will be recommending to you the purchase of four vehicles from
Krueger Chevrolet in New Braunfels, at the price of $13,9125.48.
However, if those prices change because of the other entities,
then we will have a firm price in the al ternative for further
consideration.
The other entities are leaning toward Ford vehicles. Mr. Agee
said that Garden Ridge and New Braunfels are both going to
recommend the Fords based on their past experiencei and it looks
as though Selma will do the same. They already have approval to
go with the Ford vehicles. Chief Agee said we could make a very
good case for the Ford because of safety and conformity.
Council agreed that staff should make a case for the Ford and
present it to Council for consideration.
#5 Discussion of annexation of 5 tracts of land within ETJ.
Mr. Sweatt said that some time ago we discussed the advisability
of beginning the process of filling in our ETJ areas. We have
identified five tracts that we believe, which represent about 870
acres, to be the best tracts for the first step to consolidate
our sphere of influence in our areas of responsibility. He
pointed out the five tracts on the map, saying we have identified
28 structures in these areas that would be annexed. The bulk of
the properties are partially in our city now so there are only
ten new properties. We have not been able to completely identify
the number of residents. Basically, this is a continuation of
what we are already doing. We have fire and EMS in these areas
alreadYi and, to a limited degree, police services also because
if a portion of someone's property is in the city limits and they
need help, we will not refuse that help.
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Mary Marsh said she felt it vital that we annex that area of the
corridor.
There was some concern about annexing the landfill because of
liability. Mr. Sweatt said in the past there was some concern but
it is our feeling the landfill operator has the legal
responsibility for approximately 20 years from the closing of the
landfill. We feel that we would neither gain nor lose any
liability or exposure by it being in the city and it would
extend our area of control.
Mr. Greenwald said he would like to see us include zoning at the
same time as annexation. This would preclude double public
hearings.
As there was no further discussion on this item, Mayor Pro Tem
Baldwin said, since our attorney had arrived, he would like to
skip to items #10 and #10-A.
# 10 and # 10-A EXECUTIVE SESSION: Mr. Baldwin called an
Executive Session at 7:31 p.m. under Article 6252-17 Vernon's
Texas Civil Statutes Section 2(e) to discuss pending litigation
regarding the Keith Case and to discuss pending litigation
regarding Southwestern Bell Rate Case.
The Special Session was reconvened at 8:30 p.m.
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Sessions.
Consider action regarding the Executive
Mr. Baldwin thanked everyone for their patience and for allowing
Council to take the Executive Session early. He then advised
that Council was briefed by both the City Manager and City
Attorney on both cases and no action was necessary at this time.
16 Discussion of City Public Service Franchise Agreement.
Mr. Sweatt reminded Council that the City has participated with
the Urban United Cities in the series of investigations and
inquiries into the reasonablness of certain franchise agreements
between the suburban cities and City Public Service as well as
the City of San Antonio. As part of the review, a question was
raised regarding the franchise fee differential between the
various entities. The City of Schertz participated in an
agreement to the employment of an attorney to represent the
United Suburban Cities. A letter was written to CPS on behalf of
the cities and an offer has been made to each city proposing an
adjustment in the franchise amount over a period of three years.
At this stage it is staff recommendation that no action be taken.
The cities have agreed to speak to CPS through the attorney
hired.
17 Discussion of Boundary Adjustment Agreement between the
cities of San Antonio and Schertz.
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Mr. Sweatt said as part of the disannexation by San Antonio and
annexation by the City of Schertz in the Schirmerville area an
overlapping area has occurred on Scenic Lake Road. Our proposed
annexation was to include the right-of-way of this road and it is
now found this was inadvertentlY left out of San Antonio's
action. We propose to resolve that by San Antonio disannexing
that portion of the roadway and the City of Schertz annexing it
to comply with our original intent. The proposed agreement will
accomplish that action. If Council has no comments or
disagreement, we would like for this to be on the next action
agenda. Council agreed to this suggestion.
18 Discussion to
property described as
Subdivision.
consider
lot 13,
acceptance
block 30
of donation of
Live Oak Hills
Mr. Sweatt said this is a lot 70 x 120 feet on Jupe Lane in the
Live Oak Hills Subdivision - he showed the location on the map
as being the third street inside our city limits from Cibolo
Creek. The property would corne to us free and clear of any
encumbrances. The owners propose to donate the property to
release themselves from the taxes. We find no reason to not
accept the property. We will look at it on a temporary basis to
store street equipment. There will be no cost to us but the
recording of the deed and once or twice a year clearing the lot.
'9 Discussion of appointment of extra-territorial
jurisdiction representative to Impact Fee Advisory Committee.
Mr. Sweatt reminded Council of the previous discussion of the
need to add to this committee a member from our ETJ. As we plan
to collect impact fees in the ETJ, it is required by law that we
appoint a member from our ETJ area. We are recommending Mr.
James Anderson, who lives in the Lakewood Acres area. He has
first hand knowledge and experience with the water system by
having served as Board member and President of the Schaefer Road
Water System. He has agreed to serve, if appointed.
There being no discussion, Mr. Baldwin asked that this be placed
on the next action agenda.
'12 CITY MANAGER'S REPORT:
A. As you recall we have engaged Mr. Ed Ford of Ford Engineering
to begin the design of the water line relocation project on I-35.
After the agenda was put together we received documents from the
State asking that we enter into a Utility Agreement and a project
agreement with them. If you have no objection we would like to
place on the next action agenda. This will be a resolution.
B. There will be a meeting on November 17th, which staff plans
to attend, and perhaps members of Council could attend. The
Juvenile Probation office and the County Tax Assessor /Collector
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will be making a presentation to Commissioner I s Court on that
date for the proposal to open a sub office in Schertz for the
convenience of County tax payers, those wishing to renew auto
tags and the juvenile probation office functions. We
wholeheartedly endorse this action.
C. On November 9th, staff has a meeting with the Department of
Highways and Public Transportation to receive the final report
from that department as to the right-of-way needs for the FM 3009
Highway improvements. We will go over in detail the provisions
of the Uniform Property Acquisition Act by both the Federal and
State governments.
D. Again, because of the time in putting the agenda together, we
did not put one item on. Included in the budget in the police
service are plans to acquire, under capital outlay, body armor
for each member of the police service. $6800 is set aside in the
budget and we propose to solicit bids and have them in for
Council consideration by the early part of December.
E. We received notice of the City's opportunity to vote on four
candidates for positions in the Randolph Metrocom Chamber of
Commerce Board of Directors. He asked what process Council would
I ike to use. Al though he could not remember the four names
nominated, two were from our community. We are entitled to cast
votes for three directors. Council asked this to be on the next
agenda.
#13 ITEMS BY COUNCIL: Mr. Greenwald: A. Called attention
to an article he had passed out on green-space areas.
Mrs. Stanhope: A. On behalf of the Schertz Humane Society, she
gave Mr. Hartzog some tapes to take to the library.
B. She said while on her trip, she gave special attention to
what different cities gave to welcome them to their city. She
showed a couple of different items she received.
C. The Humane Society is working diligently to earn funds. She
showed various T-shirts they are now selling for $8.50 for adults
and $6.50 for children. They recently collected about $188.17.
Mr. Hartzoq: A. He asked if the City needs to come in with a
resolution to support the changes being solicited on the Horse
Racing bill. Mrs. Marsh mentioned the sample letter that was in
the current paper supporting this. Council agreed to send a
similar letter to the governor.
B. Mentioned that the P&Z Annual report was very interesting and
he felt Joe Potempa did an excellent job as historian.
C. He asked the City Manager if anything had been found out
about the fill on the Cibolo Creek. Mr. Sweatt said a letter has
been written to the owner on that.
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D. He then asked if the City Manager had gotten any information
on the Humane Society/ Animal Control dance. Mr. Sweat said not
completely at this time.
E. Mentioned the letter received from Moore Industrial Disposal
about recycling. He felt the City should keep on top of this.
Mrs. Marsh: A. Said her concern about FM 3009 is traffic
lights. She fel t we should not wait too much longer until this
is addressed. Mr. Sweatt said we are looking at from one to
one and a half years construction time and he will be happy to
convey that information to the District Traffic Engineer.
B. There was a San Antonio/Austin Corridor meeting in Austin on
the 13th of October and she and Mr. Sweatt attended. She said
the way she sees this organization and Schertz being a member of
it, is more of protection than anything el se. I f we are not
there and do not have someone who is verbose enough, the small
cities are going to get lost in the shuffle.
C. Mrs. Marsh mentioned the budget end of year report, saying
that although it is not complete, it is very elating to see
percentages that were under 100%. This is very encouraging.
# 14 ITEMS BY MAYOR: A. Mr. Baldwin reported on the
meeting at the Appraisal District on the centralization of
collection in the County. He fel t almost all of the taxing
entities were represented. Most of the concerns of the entities
were about cash flow and who would be the best to do this
collecting. There was support for both the County Tax
Assessor /Collector and the Appraisal District. There will be
another meeting about the first week in December to look at
numbers as to what this might cost. Rudy Garza, the Bexar County
Tax Assessor/Collector was present and spoke about the number of
jurisdictions he collects taxes for. Also Mr. Leon Stoeltje,
who is the Chief Appraiser for Wilson County, collects taxes for
that county. Both indicated there were no problems involved and
it was the most logical thing to do. Some other concerns
mentioned were the elimination of the tax offices, which takes a
little of the neighborhood services out of the area, concern
about elimination of jobs and a lot other concerns. Mr. Baldwin
said in the City's case, the tax records are used for a variety
of things. There was some discussion of a satellite office in
this area and who would pay for that.
Mr. Sharpe added that in the meeting that is scheduled for early
December, the Appraisal District, the County and Mayor Jones will
be putting together a packet with a separate entity that might be
authorized to collect taxes.
B. Mr. Baldwin mentioned the recent TML meeting, saying everyone
seemed to enjoy it and there were some good sessions.
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C. He thanked the Fire, Police and Street Departments for their
support and help with the bonfire.
D. He listed the candidates for the Randolph Metrocom Chamber of
Commerce Board of Directors as being Jeff Deal, Jim Schulz, Jim
Shriver and Wanda Jean Sweatt.
Mr. Sweatt called attention to one item that will be in the next
newsletter. Starting this date vehicle registration stickers
will be available for purchase at Wuest grocery store.
Mr. Hartzog strongly suggested the vote
Commerce Board of Directors should be an
others will know who the City is voting for.
would be on the agenda then.
for the Chamber of
agenda item so that
Mr. Baldwin said it
# 15 ADJOURNMENT: There being no further business, Mr.
Baldwin declared the meeting to be adjourned at 9:21 p.m.
Texas
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