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ccreg 03-20-1990 c;;..:v '~_ ~~ 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 I"',.. Uti #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. I. 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: ) t '" 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. 16H 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 ) 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. 170 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. I. I I ) 1: i..' lL" 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: z