ccreg 01-16-1990
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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.
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#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
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#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.
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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
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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:
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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.
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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.
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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:
;