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ccreg 01-16-1990 ~. REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 1990 The Schertz City convened in Regular Session, Tuesday, January 16, 1990, at 7:00 p.m. in the Council Chambers of the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Earl W. Sawyer, presiding; Earl P. Hartzog; Hal Baldwin; Barbara Stanhope; Mary Marsh and Ken Greenwald. Staff present were City Manager Kerry Sweatt and City Secretary June Krause. Mayor Sawyer read a proclamation naming the month of February as Girl Scout Cookie Sale Month in Schertz and presented it to Mrs. Marks and her daughter. Miss Marks presented the Council with seven boxes of Girl Scout cookies, representing the seven varieties they have available this year. #1 APPROVAL OF MINUTES: Special meeting of 12/17/89. Mr. Hartzog moved to approve the minutes of the Special Meeting of December 27, 1989 as corrected. Mr. Baldwin seconded the motion. Mrs. Marsh referred to the last item of #4 of these minutes and asked that the following be added to this paragraph: "Mrs. Marsh objected to that procedure, saying it was all right for Mr. Hartzog to work with Planning & Zoning on this ordinance but P&Z brought this ordinance to Council for comments and direction. Mrs. Marsh recommended that the ordinance go back to Planning & Zoning with Council's comments and direction." Mr. Hartzog asked that the last sentence of the fifth paragraph of these minutes be corrected to read: "We have had animal control calls in this area also." There being no further comments, Mayor Sawyer asked for a vote on the motion, which carried as follows: AYES: Councilmembers Hartzog, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None #2 HEARING OF RESIDENTS: Mr. D. C. Morgan, grandfather of Alyssa Smith, said he wanted to personally thank the Mayor, Council and City of Schertz for what they did Friday night as it was the climax of a very exciting trip home. He also wanted to thank Mr. Sweatt for his participation; Chief Agee, Sgt. Starr and Cpl. MacSorley, saying they did an outstanding job of handling the crowd at the airport. He ended by saying the citizens of Schertz are really well off with their Council, staff and police force and have something they can really be proud of. ilU #3 LIBRARY APPOINTMENTS: A. Mr. Hartzog moved to reappoint Connie Brison, Mary MeAl I ister , Jul ie Parr and Ruth T ienor for two-year terms and appoint Nick Ramirez for a two-year term to the Library Board. Mr. Greenwald seconded the motion, which carried with the following vote: AYES: Councilmembers Hartzog, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None B. Mr. Hartzog moved to appoint the following people as officers of the Library Board for 1990: Chairman, Connie Brison; Vice- Chairman Gerald Thurman; Secretary - Marge Smith and Treasurer - Jul ie Parr. Mrs. Marsh seconded the motion, which carried as follows: AYES: Councilmembers Hartzog, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None #4 H. A. APPOINTMENTS: Mrs. Stanhope moved to reappoint Billy Keen and Wellington Cyr and appoint Edith Purcell to the Housing Authority Board. Mr. Baldwin seconded the motion, which carried with the following vote: AYES: Councilmembers Hartzog, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None Mayor Sawyer observed that Mr. Keen and Mr. Cyr have served many years and we appreciate their efforts and welcome Mrs. Purcel to the Board. #5 ORDIN.AlfCE: Mayor Sawyer introduced an ordinance and read the caption as follows: ORDINANCE NO. 90-M-3 AN ORDINANCE ESTABLISHING RULES AND REGULATIONS GOVERNING THE BORROWING, RETENTION AND CARE OF LIBRARY MATERIALS AND REGULATING CONDUCT WHILE ON LIBRARY PROPERTY AND PROVIDING PENALTIES FOR VIOLATIONS OF THE SAME. Mr. Hartzog moved to approve the final reading of an ordinance regulating failure to return library materials. Mr. Baldwin seconded the motion, which carried as follows: AYES: Councilmembers Hartzog, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None / ~ 1 1 <.. .-h ---A. #6 ORDINANCE: Mayor Sawyer introduced an ordinance and read the caption as follows: AN ORDINANCE PROVIDING FOR THE EXTENSION OF THE BOUNDARY LINES OF THE CITY OF SCHERTZ, TEXAS BY THE ANNEXATION OF 5 TRACTS OF LAND CONTAINING 854.52 ACRES OF LAND, OUT OF COMAL AND GUADALUPE COUNTIES. Mr. Greenwald moveg to approve the first reading of an ordinance annexing 854.52 acres of land out of Comal and Guadalupe Counties. Mrs. Marsh seconded the motion, which carried with the following vote: AYES: Councilmembers Hartzog, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None #7 AGREEMENT: Consider and take action on a Memorandum of Understanding between New Braunfels Utility and the City of Schertz for Waste Water Treatment Collection Facilities. Mr. Sweatt said he felt this was a milestone in the relationship of our two communities, as it is a first in which we have entered into a mutually advantageous agreement. He said Mr. Bob Sohn of New Braunfels Utility was present to make some remarks on this item. He also mentioned that Mr. Paul Brown and Chuck Forbes were present. Mr. Sohn said he felt it very commendable that far-thinking people could get together and sit down and work out a situation that would benefit both entities. He said it was a real pleasure for him to be a part of this agreement. He said this is a new kind of concept. He then thanked Mr. Sweatt and his staff. Mayor Sawyer thanked Mr. Sohn and added that two of our larger property owners on 1-35 that will profit by this agreement are present. Mrs. Marsh moved to approve the Memorandum of Agreement between the City of Schertz and New Braunfel s Uti 1 i ty for waste water treatment collection facilities. Mr. Hartzog seconded the motion, which carried with the following vote: AYES: Councilmembers Hartzog, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None Mr. Hartzog said a lot of people worked on this project for many years. He said he felt Paul Brown and Mr. Forbes both did a lot of work to help get this ironed out. He said he would I ike to commend staff for their work. 112 Mr. Sohn introduced the design engineer of the project, Mr. Sam McKenzie. Mayor Sawyer said he wanted to point out to the residents that one of the ways to keep ad valorem taxes low is to br ing industry into the City of Schertz. This is one of the things we are doing to help bring industry into our city. Mr. Forbes added his thanks to the community of Schertz and some of the people that have been working on this for the last five years. He started out with annexation then went on to zoning and then started working on getting waste water treatment collection to his property on 1-35. He added that because of everything that has been going on in such a positive nature, they are gOing to close in February on another piece of property, so that they will have a little over a mile of property to offer for development. Mr. Brown presented Mayor Sawyer and Bob Sohn a gold painted valve wrench for a paper weight. #8 RESOLUTION: Consider a resolution authorizing publication of Notice of Intention to issue Certificates of Obligation and resolving other matters in connection therewith. Mayor Sawyer read the caption of the resolution as follows: RESOLUTION NO. 90-R-2 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, APPROVING AND AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION; AND RESOLVING OTHER MATTERS IN CONNECTION THEREWITH Mr. Sweatt said this resolution outlines a proposed author ization for publ ication of notice of our intent to issue Certificates of Obligation. He then called on Tom Anderlitch, our financial advisor, to step forward and perhaps answer some of the questions. Mr. Anderlitch said what they tried to do was give three different alternative debt amortization schedules for review; and give indication of what the annual cost would be on each of the three. He then went over the schedules, explaining each. He said the average annual requirements would vary - on schedule I we are looking at $111,000 a year and on schedule III, it would be $ 98,000 per year. Looking at funding this, it would take about 41 tax wise to amortize this, figuring it at 7.5%. He said the market is in the City's favor, better than it has been in the last three years as far as interest rates are concerned. He said we are looking at publication dates of one in January and one in i / . / ~ r ~ February. He said it would be the 20th of February when we would have the passage of the ordinance. Mr. Sweatt said staff has recommended funding of this in two ways, because of the specific nature of the proposed expenditures. A portion would be funding from a tax rate, we have projected from between 1-112 to 2 cents. The remaining portion of debt service, we recommend funding through an increase in revenue of water and sewer services, at an increase in the base rate of water of 50 cents and up to 10 cents per thousand in the per thousand charge. Mr. Anderl itch said the incremental cost of adding $50,000 to this proposed amount would be about one quarter of a cent. He said we wanted to amortize the debt on the police vehicles on a three-year basis. Mr. Mike Spain said the action Council was taking was to approve publication of Notice of Intention to issue Certificates of Obligation. He said the final action would be on February 20th. Mr. Sweatt said the specific purposes of the bonds are right-of- way acquisition and related costs, $250,000; relocation/new construction - animal control shelter, $100,000; building/land for utility operations and service center - $325,000; fueling system for fleet operations - $50,000; short term police vehicle and radio console equipment financing - $50,000; additional items including issue cost, contingency and professional services $75,000 for a grand total of $850,000. Mr. Baldwin moved to pass a resolution authorizing publication of Notice of Intention to issue Certificates of Obligation in the amount of $850,000. Mrs. Stanhope seconded the motion, which carried with the following vote: AYES: Councilmembers Hartzog, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None Mr. Anderlitch asked that Council give him some input as to which of the maturity schedules Council would feel comfortabl e with, budget wise. Mr. Sweatt said our project is generally predicated on schedule III. Mayor Sawyer asked for a concensus of Council and they agreed with schedule III although they would have preferred schedule I. Mr. Anderlitch then explained the process required for citizens who might wish to acquire some of the Municipal Bonds. #9 ORDINANCE: Mayor Sawyer introduced an ordinance and read the caption as follows: 1! I" .. ~. 4 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AMENDING ORDINANCE NO. 85-H-18, SCHEDULE "A" GARBAGE COLLECTION FEES AND PROVIDING FOR A SERVICE FEE INCREASE; PROVIDING AN EFFECTIVE DATE; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT. Mr. Hartzog moved to approve the first reading of an ordinance providing a service fee increase for garbage collection. Mr. Baldwin seconded the motion. Mr. Moore, representing the garbage company, said one of the questions that came up at the last meeting was the difference in percentages requested between residential and commercial. He said in their expenses a bigger share of commercial collection goes for disposal cost and that is the main reason the percentage for commercial is larger. Mr. Moore said they are pursuing their landfill acquisition and feel, if successful, that will help in keeping rates down. Mayor Sawyer thanked Mr. Moore for coming in and invited him back to the workshop the following Wednesday, when this item will be discussed again. Mr. Moore said one item they did include in their request is that they would like to go around to all residences within the city and offer them the 90 gallon cart on an optional basis. The charge as included in the ordinance is $2.60 per month additional. In other cities, they have given the residents a cart for 30 days to let them decide if they want it or not; then they add the charge after getting a positive response from the citizens. Mr. Moore added that they are going to propose a community recycling center at the scheduled Randolph area meeting in February. He said, at this time, he fel t only that type of approach is going to be sel f-sustaining. You cannot go door to door in this area of the country right now and have it pay for itself. Mayor Sawyer then called for a vote on the motion before Council, with the motion carrying as follows: AYES: Councilmembers Hartzog, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None # 10 EXECUTIVE SESSION: Mayor Sawyer called an executive session at 7:53 p.m. under Article 6252-17 Vernon's Texas Civil Statutes, Section 2 (f) to consult with the attorney to discuss land acquisition. , , // t 1 The Regular Session was reconvened at 8:55 p.m. III Consider action relating to land acquisition as discussed in item '10. Mayor Sawyer advised that the Council did discuss with our attorney land acquisition but no decisions were reached. #12 CITY MANAGER'S REPORT: A. We did participate in the Opening Day of the Guadalupe County Tax and Juvenile Probation offices in the Pacific Southwest building. We feel they will both be valuable additions to our community. B. There will be a Economic Development Task Force meeting on January 25th. #13 ITEMS BY COUNCIL: Mr. Hartozq: A. Kountry Kitchen. The Business Club will meet Tuesday at noon at Mr. Joe Potempa is their new president. B. City like each At the last workshop, we discussed garbage rates with the receiving more money with an increase. He said he would to see some type of table to see just what we are getting on item. Mr. Sweatt said the City would get 15% on each item, of that 3% is the gross receipts tax and the remaining is broken down into billing and collection services. C. On the latest Paragon Cable bills, there was a mention of the franchise fee increase by the City Council. He said a lot of people talked to him and he was disappointed because he thought if we delayed it, Paragon would not put something like this on the bills or send out letters. Mayor Sawyer said that they were real emphatic about wanting to put it on the bills. Mr. Baldwin: A. He had read the City Manager I s memo about sidewalks on Jack Hays and it really made him sick. He said apparently we have allowed two developers to slide so that money is gone forever. He said he originally understood that the money would go along with the platting and be escrowed until used. B. Advised Council that a good and dear friend had passed away - Rocky Sandifer - the funeral to be at 10:00 a.m on Wednesday. He was a past member of the Council and fellow Lion and will be sorely missed. Mrs. Stanhope: A. Reminded everyone of the benefit for Alyssa Smi th on February 10th by Morning Star and the Library/Humane Society auction and dance on February 18 at the V.F.W. 116 B. She commended and airport on Friday night. real sharp. complimented our police while at the They did an outstanding job and looked #14 ITEMS BY MAYOR: A. Advised the City Manager he would like to see something put in the police representatives records because he also fel t they did a fine job at the airport. He added that it was appreciated very much. # 15 ADJOURNMENT: adjourned at 9:08 p.m. carried unanimously. Mr. Hartzog moveg the meeting be Mr. Baldwin seconded the motion, which ATTEST: ;