ccswks 01-31-1990
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SPECIAL SESSION OF THE CITY COUNCIL
JANUARY 31, 1990
The Schertz City Council convened in Special Workshop Session,
Wednesday, January 31, 1990, 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; Earl P. Hartzog; Hal Baldwin; Barbara Stanhope; Mary
Marsh and Ken Greenwald. Staff present were City Manager Kerry
Sweatt and City Secretary June G. Krause.
#1 HEARING OF RESIDENTS: None
12 Discussion of final reading of an ordinance providing
for a service fee increase for garbage collection.
Mr. Sweatt advised that the revised rate schedule is in Council
packets. We believe a more appropriate amount, of that portion
deal ing with the Consumer Price Index, would be 2.7% and the
overall effect would lower the residential rate from the $7.63 to
$7.37 per month. Correspondingly, it would lower the commercial
rate to 10.3%. Mr. Sweatt said he believed these are more in
line with other contracting agencies.
Mr. Hartzog had several questions, one of them being why doesn't
the City go out for bids. Mr. Sweatt said that the City has the
right to consider a new contract at any time; however, our
present agreement expires in 1990. The current contract provides
that the contractor can come in and request new rates and request
extension of the contract.
Mr. Hartzog said he would like to look at reducing the franchise
fee from 15% to 10% and use the difference for recycl ing. Mr.
Sweatt said that under our current agreement the City is
furnished certain services at no cost. Our 15% is for franchise
and for billing and collecting - out of the 15%, 3% goes into the
General Fund for franchise fee.
Mr. Gutierrez, representing Moore Industrial Service, reminded
Mr. Hartzog that the 15% not only represented the billing and
collecting costs, but also covered the bad debts.
Mr. Greenwald suggested asking Mr. Gutierrez to come in wi thin
six months with some type of recycling program. Mr. Gutierrez
said that will be a big part of the meeting they have planned in
February. Some of the cities are so close together, they are
looking at a citizen collection station for all cities as well as
individual city collections. Mr. Gutierrez said they try to give
the customer what they need and want.
'3 Consider and take action on a resolution setting dates
for Public Hearing on impact fee study matters.
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Mr. Sweatt said Council would recall that this was generated
because of the Senate Bill requirement. The Planning & Zoning,
in their capacity as Advisory Committee, recommends a resolution
be passed calling for a first and a second public hearing; the
first to occur in March and the second in May. The first public
hearing will be to receive citizen input on land use and planning
assumptions used to develop a Capital Improvements Plan. The
second public hearing will be held for citizen input on the
Capital Improvements Plan and the Impact Fees.
Mr. Greenwald moved to approve the resolution setting dates for
public hearings in impact fee study matters. Mr. Baldwin
seconded the motion, which carried with the following vote:
AYES: Councilmembers Hartzog, Baldwin, Stanhope, Marsh and
Greenwald.
NAYS: None
RESOLUTION NO. 90-R-3
A RESOLUTION BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS, CALLING FOR AN INITIAL
PUBLIC HEARING ON LAND USE ASSUMPTIONS TO BE
USED TO DEVELOP A CAPITAL IMPROVEMENTS PLAN
PURSUANT TO WHICH WATER AND WASTEWATER IMPACT
FEES MAY BE IMPOSED AND A SUBSEQUENT PUBLIC
HEARING ON THE CAPITAL IMPROVEMENTS PLAN AND
IMPACT FEES.
'4 Discussion of final reading of an ordinance annexino 5
tracts of land out of Comal and Guadalupe Counties.
There being no further questions on this item, Mayor Sawyer asked
that it be placed on the next agenda for action.
'5 Discussion of Deer Haven pumping and mechanical project.
#6 Discussion of Nacogdoches and Deer Haven storage tank
painting project.
Mr. Sweatt said he would try to take items #5 and #6 together as
they are related. We need to upgrade the Deer Haven tank to
bring it into compliance with Texas Department of Health
regulations. A related aspect of this project is the necessity
for GVEC to convert single phase electricity to three-phase
service.
Mr. Paul Denham, of Ford Engineering, said the Nacogdoches site
has two good well s and we need to repaint and do remedial
repairs on the tank. This tank basically runs the upper pressure
zone. He said they will have booster pumps to help take care of
peak times. He continued, the lower pressure zone is in good
shape and we see no problem of it being drawn down when repairing
the upper zone. Mr. Denham said that by the end of the following
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week we should have bids for the pumping and mechanical for the
Deer Haven tank. If everything goes good, we could have the
Nacogdoches tank down in three weeks.
Mr. Sweatt said that there are some very delicate operations once
we take the Nacogdoches site down, so we will be puttino some
crews on 24 hour schedules to make sure we are not going to have
problems. With the new computer, we will be able to check all
over the entire city from one place.
17 Discussion of BVYA contracts:
A. Building lease contract. Mr. Sweatt said this was
presented to BVYA and they have no changes to suggest on the $1 a
year/ 5-year contract.
Mr. Hartzog said that it states the insurance on the structure
will be borne by the City so maybe it should be spelled out that
the contents should be insured by BVYA. A BVYA representative
said they have insurance on the contents and could furnish a copy
to the City.
B. Ballfield Usage contract. Mr. Greenwald said this is the
same contract we have had for several years and BVYA has no
changes to suggest. It has worked well in the past.
Among other things, Mr. Hartzog said he would like to see
something in the contract whereby the City has full use of the
entire area for the 4th of July Jubilee. Mayor Sawyer said he
did not have any problem with that suggestions. He said you
could put in "the exclusivity of this contract insures that the
City has the use of the ball diamonds on the 4th of July".
Mr. Hartzog asked what is the reason for the City to get a copy
of their audit. Mr. Greenwald said one of the things is to keep
the City informed as to what it cost to put on this program -
what it would cost the tax payers if the City assumed this
responsibility.
#8 Discussion of Board of Adjustment Hearing on a request
by Hoover Edwards for a variance to Zoning Ordinance to allow
placement of a mobile home, for security reasons, next to the
concession stand on the old Starlight Theater property.
Mr. Sweatt advised that the original variance was granted by the
Board of Adjustment in 1987; and at that time, Mr. Edwards had
the support of abutting property owners. Overall, the Planning &
Zoning Commission and staff do not find any major objection. It
should be pointed out though that there are a number of possible
violations that should be given consideration. It appears that
both of the mobile homes are occupied, they are not skirted and
there are any number of junked vehicles and other items that need
to be removed. At one time there was discussion of the screen
having to be removed; but we did not require that because of the
expense involved.
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Mr. Greenwald said when Mr. Edwards appeared before P&Z, he
specificallY asked for a mobile home for security and a fenced
area for the PVC pipe; but now it looks as if he has started a
junk yard.
Mayor Sawyer said Council could allow this variance with the
provision that the screen and all the other violations be removed
within a certain length of time. Mayor Sawyer said we will need
to have the public hearing but also need to know just what was on
the original variance.
'9 Discussion of Public Hearings to be held on 2-6-90:
A. Request by Payless Gas for a variance to the requirements of
the Special Overlay District section of the Zoning Ordinance at
Jack Hays Blvd. and Borgfeld Road.
Mr. Sweatt advised that basically Mr. Wilkerson, on behalf of
Payless Gas, is requesting a 13'7" variance to the requirements
of the sign section of the Overlay District to the Zoning
Ordinance. This will be outside the area we would be acquiring
for right of way. P&Z has held their public hearing and is now
recommending that the request be granted. He added that a case
was made for sight distance because the sign will be back from
Jack Hays because of the extended right of way.
Mr. Greenwald said they are also going to lose some land because
of the corner cuts. They are changing the brands of gasoline and
the sign will be different and will have to be set back further
because of the overlay requirements, making it difficult to see.
Mr. Baldwin said he had a problem with granting something that
may set precedents. He added that he also has trouble with the
line-of-sight because it is flat in that area.
Both Mrs. Marsh and Mrs. Stanhope expressed concern~ along the
same line.
B. Planning and Zoning recommendation on zoning 5 tracts of land
to be annexed out of Guadalupe and Comal Counties.
Mr. Sweatt said that Planning & Zoning has reviewed this
carefull y and made their recommendations. Track # 1, containing
278.92 acres to be zoned Light Manufacturing, with the exception
of 39.81 acres, known as Stone Creek RV Park, which should be
zoned Mobile Home/Recreational Vehicle.
Tract #2, containing 199.93 acres, is recommended to be zoned
Residential/Agriculture, with the exception of 11.71 acres that
is Bussey's Flea Market, which should be zoned General Business.
Both Tracts #3, containing 96.67 acres, and #4, containing 121.49
acres are recommended to be zoned Residential/Agriculture. Then
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Tract 5 - 157.51 acres - recommended to be zoned Predevelopment,
with the exception of the part south of FM 78, which should be
General Business.
'10 Discuss charge off action regarding del inquent SAFES
accounts.
Mayor Sawyer said that he, Mr. Baldwin, Mr. Sweatt and the Audit
Committee met this same date to discuss this item.
Mr. Sweatt said that in order to clear our financial accounts, we
request that Council authorize charge off of $6891. 40 for 96
accounts for fiscal year 1987, $26,940.04 for 234 accounts for
fiscal year 1988, and $3045.94 for 41 accounts for the first
quarter of 1989. These are accounts on which we have bad
addresses and any number of reasons why we feel they are
uncollectible. The information on these accounts will not be
destroyed and if we have an opportunity, we will try to recover
them. We have made a minimum of three written contacts and also
phone contacts. Mr. Sweatt said we are proposing to use a part-
time person 2-1/2 or 3 days a week to get our collection rate up.
He said we believe it is important and the Audit Committee
agreed. He said the Committee will also be discussing hiring a
collection agency to help collect those accounts we feel are
collectible. A collection rate of 10% would actually pay for
itself.
Mrs. Stanhope suggested putting something in the Newsletter to
let citizens know just what this costs and Mrs. Marsh agreed.
Mr. Baldwin said all the costs of paying for the collection
service will come out of SAFES budget and not from General Fund.
He said he felt it should be pursued.
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will be a
Department
project.
CITY MANAGER'S REPORT: A. On February 10th, there
pre-construction conference at Selma City Hall with the
of Highways and Public Transportation on the 1-35
B. We will be having Student Government Day on May 15, 1990.
C. On February 8th from 9: 00 to 12: 00 noon, there will be a
Solid Waste Management Symposium at Village Oak Conference Room.
D. On February 6th, the Trail Riders will be stopping at the
Rest Stop at noon. The Schertz Business Club will be sponsoring
the noon meal, then the Trail Riders will come through Schertz to
the V.F.W. ,where there will be a dance that night.
E. The Police Department will be acqu~r~ng some new radio
equipment and will be trading in a bunch of old equipment that is
reall y not worth very much. This will allow us to have a good
reliable communication system.
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#12 ITEMS BY COUNCIL: Mr. Hartzoa: A.
checking the speed limit on Schertz Parkway.
have not completed the investigation.
Asked if staff was
Mr. Sweatt said we
B. He called attention to the dip on Schertz Parkway at Maske
Road, saying that it seems to be getting worse. Mr. Sweatt said
someone will check this out.
C. We had discussed once before about streets that needed to be
repaired, using bond money - Pecan Street from Schertz Parkway to
Randolph needs some work.
D. There is a vehicle sitting on the street on jacks at 400
Maple Drive. Has been there three or four weeks.
E. Across from City Hall there are one or two eighteen-wheelers
pulling up on the lot. How are they getting there since we have
a weight limit on Schertz Parkway and they have to jump the curb?
Mr. Sweatt said he would check on that.
F. Has the Highway Department brought anything back on the
design on the entrance to Deer Haven at Fawn Drive? Mr. Sweatt
said we have not been waiting on anything. Mayor Sawyer said we
asked them how they are planning the entrance and they said they
would get back with us.
G. Concerning the storage area for a City float, Henry
Gutierrez said we could use his barn up on FM 3009 as they have
the space with wide doors.
H. On the 4th of July, there will be a function in the park and
possibl y we could use an old pol ice car and sell hits for 25
cents. Mayor Sawyer said he would go along with bashing a car;
but do not use a police car.
Mrs. Stanhope: A. On February 10th, there will be a benefit for
Alyssa Smith by Morning Star Pet Enterprises on FM 1518. Judging
of obedience matches will start at 9:00 a.m. and there will be
food available at a concession that Kountry Kitchen is managing.
It should be a very interesting day.
B. The publ ic Library and Schertz Humane Society dance and
auction will be on the 18th.
Mr. Baldwin: Last Saturday the School District rented the gym to
a Karate outfit and probably 2000 people came to it through the
course of the day. They were asking where to eat in town, where
the grocery stores were located, etc.. We will be having two
more of these functions, so he wants to have some of the Talk of
the Town folders to pass out to advertise our town.
Mr. Greenwald said there was an article in the San Antonio Light
Sunday on recycling.
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# 13 ITEMS BY MAYOR: A. Mentioned that the house at
Curtiss and Lindberg has new siding - the one we have had so many
complaints about.
B. This morning he had magistrated a young kid who had stolen a
truck. The reason he brought it up was the good work by our
Police Officer Crystal Cantrell. The incident was called in and
wi thin four minutes Ms. Cantrell had the boy under arrest. He
added that these kids are coming from the south side of San
Antonio so we may be looking at some gang that has targeted this
area.
C. The previous Sunday he was invited to the Baptist Church for
a brief get together honoring Dr. and Mrs. Richard for the good
work they have done for the church. They invited the Chief back
to thank the pol ice and the City for the super way the Al yssa
Smith party returning back home was handled.
D. Announced that Dr. Richard is in the hospital and will be
operated on the next day for triple by-pass surgery. We have
sent f lowers to him. Dr. Richard is a really good citizen and
has done much for the city.
E. Received a call from a member of the Humane Society and was
told the same thing she had spoken to Councilmembers about.
Mayor Sawyer said he told her everything the City does is open
and above board.
Mr. Sweatt said the 9-1-1 District has agreed to fund, with us,
provided there is little or no publicity, up to $4500 a year for
the next three years for communication improvements in our
emergency dispatch area with no strings attached. We plan to use
it for a plan to bring data processing to this area.
# 14 ADJOURNMENT: There being no further business, Mayor
Sawyer declared the meeting to be adjourned at 9~m..
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