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REGULAR MEETING OF THE CITY COUNCIL
MARCH 20, 1990
The Schertz City Council convened in Regular Session, Tuesday,
March 20. 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; Barbara Stanhope; Mary Marsh and Ken Greenwald.
Absent: Hal Baldwin. Staff present were City Manager Kerry R.
Sweatt and City Secretary June G. Krause.
After welcoming everyone to the meeting, Mayor Sawyer led the
group in the Pledge of Allegiance.
Mayor Sawyer then introduced Sgt. Guthrie from Randolph Air Force
Base, who is taking a Government course and wants to observe a
Council meeting.
#1 APPROVAL OF MINUTES: A.
B.
Regular Meeting of 2-6-90
Special Session of 2-14-90
Mr. Hartzog moveg to approve the minutes of the Regular Meeting
of February 2nd and the Special Session of February 14, 1990.
Mrs. Stanhope seconded the motion, which carried with the
following vote:
AYES: Councilmembers Hartzog, Stanhope, Marsh and Greenwald
NAYS: None
#2 HEARING OF RESIDENTS: None
#3 ORDINANCE: Mayor Sawyer introduced an ordinance and
read the caption as follows:
ORDINANCE NO. 90-L-IO
AN ORDINANCE BY THE CITY OF SCHERTZ, TEXAS,
PROVIDING THAT THE CODE OF ORDINANCES, CITY
OF SCHERTZ, TEXAS, BE AMENDED BY ADDING A
CHAPTER TO BE NUMBERED 15-112 SEXUALLY
ORIENTED BUSINESSES; AND PROVIDING A
REPEALING CLAUSE.
Mrs. Marsh mov~q to approve the final reading of an ordinance
amending the Code by adding Chapter 15-1/2. Mr. Greenwald
seconded the motion, which carried with the following vote:
AYES:
NAYS:
Councilmembers Hartzog, Stanhope, Marsh and Greenwald
None
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#4 ORDINANCE: Mayor Sawyer introduced an ordinance and
read the caption as follows:
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, AMENDING THE SIGN ORDINANCE, NO. 86-S-
28, ARTICLE II, GENERAL PROVISIONS AND
ARTICLE VI, SIGNS PERMITTED IN ALL BUSINESS,
COMMERCIAL AND MANUFACTURING DISTRICTS,
SECTION 5b. (3), SETBACK; AND PROVIDING A
REPEALING CLAUSE.
Mr. Greenwald moved to approve the first reading of an ordinance
amending the sign ordinance, Articles II and VI. Mrs. Stanhope
seconded the motion, which carried as follows:
AYES: Councilmembers Hartzog, Stanhope, Marsh and Greenwald
NAYS: None
#5 ORDIN.AlfCE: Mayor Sawyer introduced an ordinance and
read the caption as follows:
AN ORDINANCE PROVIDING THAT THE CODE OF
ORDINANCES, CITY OF SCHERTZ, TEXAS, BE
AMENDED BY REVISING CHAPTER 12-1/ 2,
ATTACHMENT "B", PROVIDING FOR THE USE AND
REGULATIONS OF SWIMMING POOL FACILITIES AND
REPEALING ALL ORDINANCES IN CONFLICT.
Mr. Hartzog move~ to approve the first reading of an ordinance
amending the Code, Chapter 12-1/2, Attachment "B" Use and
Regulations of Swimming Pool Facilities. Mrs. Marsh seconded the
motion, which carried with the following vote:
AYES: Councilmembers Hartzog, Stanhope, Marsh and Greenwald
NAYS: None
#6 RESOLUTION: Mayor Sawyer introduced a resolution and
read the caption as follows:
RESOLUTION NO. 90-R-6
A RESOLUTION BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS, ADOPTING THE PERSONNEL
POLICY MANUAL AND AMENDING SECTIONS VI
HOLIDAYS, VACATIONS AND LEAVES; SECTION VIII
TRAVEL, TRAINING AND CONFERENCE PROCEDURES.
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Mrs. Stanhope move~ to approve the resolution adopting a revised
Personnel Pol icy Manual. Mr. Greenwald seconded the motion,
which carried with the following vote:
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AYES: Councilmembers Hartzog, Stanhope, Marsh and Greenwald
NAYS: None
#7 ORDINANCE: Mayor Sawyer introduced an ordinance and
read the caption as follows:
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, PROVIDING THAT THE CODE OF ORDINANCES,
CITY OF SCHERTZ, TEXAS, BE AMENDED BY ADDING
A SECTION TO BE NUMBERED 17-7; PROVIDING FOR
THE TAXATION OF PROPERTY EXEMPT UNDER ARTICLE
VIII, SECTION 1-j, TEXAS CONSTITUTION
BEGINNING WITH THE 1991 TAX YEAR; AND
DECLARING AN EMERGENCY.
Mr. Hartzog moved to take no action on this item.
seconded the motion.
Mrs. Marsh
Mrs. Marsh asked the City Manager to explain what Council is
talking about with this item and the advantages they perceive in
taking this action.
Mr. Sweatt explained that the most recent amendment to the Texas
Constitution provides for exemption of certain property that is
identified as "Freeport tI . This is property that is potentially
subject to ad valorem taxation. If the goods and material that
are brought into the State of Texas and used in manufacturing,
etc. and exported out of State wi thin 175 days, the
Constitutional Amendment provided that the property could be
exempt from taxation. It set up a clause whereby government
entities could override the exemption, thus making the property
subject to taxation. There were two trigger dates - one prior to
January 1990, in which the Council was to take action prior to
that time if the property was proposed for taxation; the second
date - no later than the first day of April - for taxation in
future years. The fai 1 ure to pass an ordinance overriding the
exemption would therefore allow the exemption to go into effect.
The reasoning proposed by the Economic Development Task Force was
that this would make the City of Schertz very competitive in the
effort to solicit industrial development. Most other states do
prov ide for property to be exempt under those conditions. The
City Council has discussed this on a number of occasions and a
similar action was taken prior to January 1990. Discussion was
had to allow the exemption to go into effect and it will be in
effect forever.
Mayor Sawyer advised that the City has no property at this time
that we would gain anything from by passing this.
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Mr. Greenwald said he concurred with what Mr. Baldwin said at the
last workshop. It was written by lawyers and he did not believe
the people really knew what they passed. He said to him this was
just the cost of doing business. He added that he knew the City
needs economic development and he could go along with the
abatement plans but he did not see any need for this.
Mayor Sawyer said he feels the City needs every inducement that
we can possibl y have to induce more business into Schertz. He
added that Councils have sat for years and watched 1-35 grow
almost not at all. He said there were about four businesses that
were brought in by past Council s. They all came into the City
wi th some exemption, Garden Ridge Pottery came in because the
City loaned them money to put water to their property; Monotech
because they were granted a 7-1/2 year moratorium on taxes. He
said these are the type things the City must do to induce
business to come into our corporate limits.
Mrs. Marsh said Council has not mentioned the fact that although,
in some future date, you might have monies that will be exempt
from taxes; however, as businesses come in you must look at the
rooftops that will go up and the dollars spent, the turnover of
the dollars. That would be advantageous to the City.
Mayor Sawyer then called for a vote on the motion before Council
and the motion carried with the following vote:
AYES:
NAYS:
Councilmembers Hartzog, Stanhope and Marsh
Councilmember Greenwald
#8
painting
tanks.
BID AWARD: Consider and take action on awarding bids on
and repairing of elevated and ground storage water
Mr. Sweatt referred to the tabulation sheet in the packets. He
said we did solicit bids furnishing for labor and materials to
complete work on two water storage facilities owned by the City
of Schertz. The apparent low bidder is A-Way Tank Service, Inc.,
in the amount of $78,875.00. The prices range from there upwards
to $100,312.00. This is for work at both the Nacogdoches
elevated storage tank and the Deerhaven ground storage tank.
This work must be completed prior to our summer demands. It does
fall within our budgeted item for the two projects and we
recommend, as well as our consulting engineer, awarding the bid
to A-Way Tank Service, Inc..
Mr. Greenwald moved to award the bid to A-Way Tank Service, Inc.,
in the amount of $78,875.00. Mr. Hartzog seconded the motion.
Mr. Hartzog asked if the plan was to notify the people that will
be effected. Mr. Sweatt said yes, we are beginning several
efforts. Newsletter articles, door hanging messages and personal
contacts with some of the businesses and larger users. He added
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that we will have people on duty 24 hours a day to monitor the
system and respond to certain kinds of emergencies.
Mr. Hartzog also asked about Northcliffe and if they have been
notified. Mr. Sweatt said we have been in contact with them and
are asking them to take from the system at certain times and they
are cooperating fully.
Mayor Sawyer then called for a vote and the motion carried as
follows:
AYES: Councilmembers Hartzog, Stanhope, Marsh and Greenwald
NAYS: None
# 9 RESOLUTION: Mayor Sawyer introduced a resol ution and
read the caption as follows:
RESOLUTION NO. 90-R-7
A RESOLUTION BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS APPROVING THE LAND USE
ASSUMPTIONS TO BE USED TO DEVELOP A CAPITAL
IMPROVEMENTS PLAN PURSUANT TO WHICH WATER AND
WASTEWATER IMPACT FEES MAY BE IMPOSED.
Mr. Sweatt said the primary purpose of this resolution is to
continue the planning sessions involved through our consultant,
members of the Planning & Zoning Commission, the SB336 Advisory
Commi ttee and the City Council in implementing the State Law,
being Senate Bill 336, which requires a development of land use
study, projections of capital costs in order to continue the
validation of the impact fees that are provided for collection
for new customers. Basically this land use assumption deals with
our service area for both water and wastewater services. These
need to be completed by June of this year; and this action by the
Council is pursuant to the public hearing that was held last
week. He added that staff recommended passing this resolution.
There is a second public hearing scheduled for May 1, 1990.
Mr. Greenwald woy~g to pass the resolution adopting land use and
planning assumptions pursuant to a capital improvements program
from which impact (capital recovery) fees may be developed. Mrs.
Marsh seconded the motion, which carried with the following vote:
AYES:
NAYS:
Councilmembers Hartzog, Stanhope, Marsh and Greenwald
None
# 10 CITY MANAGER' S REPORT: A. Reminder of a training
program from 2:00 to 4:00 p.m. in the Conference Room for
training those persons who are willing to volunteer to assist
persons in completing the census forms.
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B. He said he was pleased to announce that we will be including
in our newsletter our annual Spring Cleanup in a slightlY
different format. In the past, we have had problems with
overflowing containers, lot of problems in dealing with the
location of the containers, etc.. We plan to do something a
little differently. We plan to place, at the corner of East Live
Oak and Jack Hays Boulevard, dumpsters in that area from Monday
through Friday, April 9th through 22nd. The site will be open
and available to receive material from 9:00 a.m. to 7:00 p.m.,
Monday through Friday. On Saturday and Sunday, it will be open
from 8:00 a.m. until 6:00 p.m.. In an effort to deal with some
of the problems, we will have City personnel on duty during most
if not all of the hours mentioned. We have also made
arrangements to have large household appliances and furniture
picked up by our Streets and Parks Department. We will just need
a 24 hour advance notice for this. We are also making our
chipper available during this time as well. We believe this will
be more effective than in the past.
Mrs. Marsh felt the City would not get as good reception outside
the subdivisions.
C. Announced the Economic Development Task Force meeting for
March 29th at 7:00 p.m. in the Conference Room.
#11 ITEMS BY COUNCIL: Mr. Hartzoa: A. The Annual Library
Book Sale will be March 30 through April 1, 1990 and this year it
will be held at the Library.
B. Mr. Hartzog announced that he will not be seeking re-election
to his Council Place, as he does not feel he has the time to be
fair to the citizens.
Mrs. Marsh: A. SAFES's annual auction and dance was very nice
and very successful. She wanted to thank all those who
partiCipated either by bidding or donating items. There was one
table of handicapped young people and they seemed to have a
marvelous time and enjoyed every minute.
#12 ITEMS BY MAYOR: A. Appointed the following people to
a committee to study recycl ing: Billy Keen, Joe Potempa; Tony
Paul son, Dereda Burkett, Gail Douglas and Mark Marquez. Their
first meeting will be March 26th at 7:30 p.m. at the Library.
B. He was honored by being given a Certification of Recognition
for his participation and support of Youth Art Month.
C. Mayor Sawyer said Mr. Hartzog had served two great effective
years on the Council. He was a fine Councilman and he
appreciated his time and effort put in. He also said he
supported Mr. Hartzog in his bid for District Clerk and Mr. Joe
Potempa for his filing for place 1 on the Council and of course
Mr. Baldwin for filing for re-election.
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D. Announced the BVYA Grand Opening tentatively set for April
14th.
#13 ADJOURNMENT:
wi th Mrs. Stanhope
unanimously.
Mr. Hartzog moved to adjourn at 7:30 p.m.
seconding the motion, which carried
ATTEST:
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