ccswks 12-13-1989
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SPECIAL MEETING OF THE CITY COUNCIL
DECEMBER 13, 1989
The Schertz City Council convened in Special Workshop Session,
Wednesday, December 13, 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 Earl W. Sawyer,
presidingi Hal Baldwini Earl Hartzog; Barbara Stanhopei Mary
Marsh and Ken Greenwald. Staff present were City Manager Kerry
Sweatt and Deputy City Secretary Alice Austin.
11 HEARING OF RESIDENTS: None
12 Discussion of a resolution adopting the Code of
Conduct for the Schertz Police Department.
Mr. Sweatt advised, with the Code of Conduct, that what we were
attempting to do was place into formal process a manner where we
would have establ ished pol icy, guidel ines, directions and
otherwise be able to measure conduct and performance by the
police service.
Mrs. Marsh said that she fel t this was an excellent document,
well written and tough. Mr. Baldwin also said he thought the
document was excellent. Mr. Sweatt advised that the code was
tough, but was not intended to be a hunting license.
Mr. Hartzog asked if the code fell in line with the personnel
manual and if there was any conflict. Mr. Sweatt advised that~
all employees including police personnel were covered under the
personnel manual. Mayor Sawyer advised that, should there be a
conflict, the personnel manual would take precedence.
Chief Agee advised that some of his personnel had read the code
and agreed that this would give them some guidelines.
Mayor Sawyer asked that this item be placed on the agenda for the
December 19th meeting.
13 Discussion of the 12-19-89 public hearing regarding
annexations.
Mr. Sweatt advised that this was the first public hearing
regarding the annexation of 5 tracts of land from Guadalupe and
Comal County containing approximately 851 acres. He advised that
the second public hearing would be held on December 27. He
advised that staff had mailed approximately 153 letters to
property owners in the areas and that there were approximately 22
residences. He advised that water service to tracts 2, 3, and 4
was on a limited basisi tract 1 was not in our service area and
tract 5 was currently be serviced.
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Mayor Sawyer requested this item be on the December 19th agenda.
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'4 Discussion of East Live Oak Road speed limits.
Mr. Sweatt advised that, after review of current traffic and
personal inspection by Chief Agee, the recommendation was for a
40 MPH speed zone from the southwest curbline of Menlo south to
Schertz Parkway and 30 MPH form the southwest curbline of Menlo
north to Jack Hays Boulevard. Mr. Hartzog asked where the sign
would be placed. Chief Agee advised that he did not have exact
figures with him, but he thought it was approximatelY 200 feet
from Menlo
Mayor Sawyer requested this item be placed on the December 19th
agenda.
'5 Discussion of Tax Exempt provision relating to
"Freeport" tax.
Mr. Sweatt advised that this was to comply with Constitutional
Amendment #5 which exempts certain properties which are acquired
in or imported to Texas for assembly and then transferred out of
state wi thin 175 days. He advised that, if the city wanted to
override the exemption granted in amendment for 1990, a
resolution must be passed prior to January 1, 1990i and to
overr ide the exemption for future years, a resolution must be
passed prior to April 1, 1990. He also advised that this would
currently mean a loss of only $1,800.00 of taxable value.
Mrs. Marsh said that she felt we should look to the future and
the impact this would have on future development. Mr. Sweatt
said that he felt that by granting this exemption the Economic
Development Task Force would have something to offer this type of
business.
Mr. Baldwin advised that he did not know what the school district
would do, but he was not in favor of exempting any properties
from the tax rolls. He advised that every year there is another
constitutional amendment to take something off the tax rolls, and
the tax always comes back on the other businesses and residents.
He also advised, since there are currently none of this type of
business in operation, pass the resolution now and consider again
in April.
Mr. Hartzog advised that he felt we should give this exemption to
compete with the other cities in the area.
Mayor Sawyer requested a resolution be prepared and placed on the
December 19th agenda for consideration.
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Mayor Sawyer advised that he would like to skip to Item #8.
18 Discussion of agreement with New Braunfels
Utilities regarding joint construction of sewer line project.
Mayor Sawyer introduced Mr. Sohn of New Braunfels Utilities to
discuss the utilities agreement. Mr. Sohn advised that Mr.
Sweatt, Mike Spain, Tom Burrus and he had done a lot of work
corning to an agreement. He advised they presently have a
memorandum of understanding that, subject to council approval,
his board's approval and the New Braunfel City Council approval,
would in effect allow them to provide a sanitary sewer system to
the City of Schertz. This system would be located in New
Braunfels ETJ. This would give the city a couple of connections
to that system, allow for the city's participation in a 25 %
capacity of that line with a 10 year pad of the capital
prescription at 25% of the cost of that line and would allow the
ci ty to participate in the operation and maintenance at their
cost.
Mr. Sohn advised that they were into sewer treatment in a biq
way. Two years ago they had completed their new Keeler North
plant, they are 75% complete on Green Plant now have on board the
three and one-half million for construction of Keeler South plant
renovations. They would have capacity and the most up to date
facilities available.
Mr. Sweatt advised that there were two council members who might
not know all that was involved in qettinq to this point. He
advised that he was passing around a map that showed the area and
where the line would be. He advised that this all started almost
three years ago. The city currently has a five year wastewater
treatment plant permit for discharge into the Dry Comal. On the
map that has been passed around you will see a WWTP site marked
adjacent to the Dry Comal runninq parallel along the Missouri-
Kansas railroad. This permit was issued for a maximum of three
hundred thousand gallons dail y discharge. He advised that the
Dry Comal is a part of the water resource for the City of New
Braunfels water recreation. He advised that at that time the
question was raised on the quantity and quality of water and the
advisability of bUilding smaller treatment plants and the loss of
efficiency. At that time the City of New Braunfels and the City
of Schertz began talking about alternatives. New Braunfels bond
issue provided for construction of sewage facilities and
extension to their current ETJ. He advised that the lift station
and twelve and eighteen inch lines would have to be upgraded.
The cost to upgrade would be approximately 275 thousand dollars
and for the City of Schertz to extend that line to our northern
property would cost an additional estimated 125 thousand pI us
engineering cost. Total package cost immediately to us would be
$451,200.00. The oversizing by New Braunfels would be repaid in
ten equal annual installments at their bond rate. He advised
that they felt this would be the most economical way to go. He
advised that the al ternative would be an initial construction
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cost of 362 thousand to build a small package plant that could
handle as much as 50 thousand gallons with a view to upsizing
that later at an additional 600 thousand dollars to bring it up
to 300 thousand gallon capacity.
A consensus of council was to go ahead with the memorandum of
understanding.
I 6 Discussion of a request by the Schertz-Cibolo-
Universal City ISD for No Parking zone.
Mr. Sweatt advised that he had drawings representing Curtiss
Avenue showing recessed parking in front of the school and the
area they were requesting for bus parking. He advised there was
some confusion as to exactly what the school wanted i and that
this area was probably not sufficient for bus loading and
unloading. He advised that he would like to take this back to
the school for clarification. Mr. Baldwin advised that the
problem with the buses using the recessed area was that mothers
were stopping on the other side of the bus to let children off,
and the children were then going in front of and in back of the
bus to get to the sidewalk. Council agreed this should go back
for further review.
'7 Discussion of soliciting bids for vehicles
authorized in 1989-90 budget.
Mr. Sweatt advised that in accordance with our cash flow and
capital expenditures projections for second quarter expenditures
there are two I-ton trucks and one 1/2 ton truck authorized. He
advised that it is our intention to solicit bids and would
expect to receive bids in the second quarter. Mrs. Marsh asked if
these were on their list for deferral to the fourth quarter. Mr.
Sweatt advised that they were not on the list. Council consensus
was to go ahead and solicit bids.
19 Discussion of scheduling public zoning hearing on
the request by John Wilkerson for a variance.
Mr. Sweatt advised that this was a request for a variance to the
sign ordinance in the overlay district on 3009. He advised that
Payless Store was changing types of gasoline from Shell to
Conoco. This sign would be bigger, wider and taller and falls in
the planned right-of-way acquisition for 3009. Mr. Sweatt asked
that the public hearing be scheduled for February 6. Consensus
of council was to schedule the public hearing for that date.
110 Discussion of setting a Board of Adjustment
Hearing on the request by Hoover Edwards for a special exception
to the zoning ordinance.
Mr. Sweatt advised that this was on a request by Hoover Edwards
to place a mobile home, for security reasons, next to the
concession stand on the old Starlight Theater grounds. He
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advised that they previously had a trailer at this location but
had removed it. The owner has moved in two old trailers, but no
one is currently living in either one. Mr. Sweatt requested
council schedule the public hearing for February 6. Consensus of
council was to schedule the public hearing for that date.
111 Discussion of re-aliqnment of pending items.
Mr. Sweatt advised that the Bell Ringer list had not been revised
since October 1988, and there were projects that were no longer
timely on the list. He asked council how they would like to use
the list. Mayor Sawyer advised that he had always looked at the
bell ringer as a way to jog the memory. Mrs. Marsh suggested
that Mr. Sweatt amend the list with those items he thought were
timely and then have council check it over. Consensus of council
was to let Mr. Sweatt amend bell ringer.
112 EXECUTIVE SESSION: Mayor Sawyer called for an
executive session at 8:32 p.m. under Article 6252-17 Vernon's
Texas Civil Statutes to discuss the following topics:
A. Section 2(f) proposed land acquisition
B. Section 2(e) consultation with Attorney on pending
litigation.
Mayor Sawyer resumed meeting at 9:53 p.m. and Mrs. Marsh made the
following motions:
1. To authorize City Manager to begin appraisal process for
right-of-way acquisition for FM 3009 project.
2. To authorize City Manager to secure appraisal of property on
FM 1518 and Commercial Place for purpose of purchase
consideration.
3. Author ize Staff to prepare process for
Certificates of Obligation in the amount of
building and land acquisition purposes.
the purchase of
$750,000.00 for
Mr. Greenwald seconded the motion, which carried with the
following vote:
AYES: Councilmember Hartzog, Baldwin, Stanhope, Marsh
and Greenwald
NAYS: None
'13 Discussion of the sale of Certificates of
Obligation or other financial means to acquire land, building and
construction improvements for Municipal purposes.
Mayor Sawyer advised that this item had be taken care of by
motion under #12.
114 CITY MANAGER'S REPORT:
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Mr. Sweatt reminded council of the employee Christmas party. He
ask about nomination for volunteer of the year. Consensus of
council was that this should be Bill Neller. Advised that Task
force would be meeting on the 19th.
115 ITEMS BY COUNCIL
Barbara Stanhope: She advised that the Humane Society wanted to
acknowledge the two young men who work at the shelter for their
assistance.
She advised that she had been contacted by members of local
groups concerning inspection and codes used by the city. Mr.
Sweatt advised that we used national codes with some modification
by the city. Mrs. Stanhope advised that this would be a good
article for the newsletter.
Hal Baldwin: Advised that he was glad the article on performance
bonds had been published in the newsletter.
Ken Greenwald: Advised that Ty Brisgill had received a letter
from the APA with a synopsis of his presentation at the APA
conference.
He also advised that if we were not careful we would be in the
same boat as San Antonio as regards the census. All of the
census forms will be mailed and we need to publish articles two
to three weeks before mailing comes out. Mr. Sweatt advised that
we planned to have this on the water bill approximatelY March 29.
GVEC and the bank will be mailing with statements approximatelY
the last week in march.
116 ITEMS BY MAYOR: None
#17 ADJOURNMENT: On a motion by Mrs. Marsh and second
by Mr. Greenwald the meeting was adjourned at 10:10 p.
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ATTEST:
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Deputy City Secretary, City of Schertz