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ccreg 02-03-1987 36 l~ \)'\l , . <' ' : '( \: . \ . ., l) , L.l , \ , J , \) tt\U " \, , \ : \, ~L ~ I >"~ <'; REGULAR MEETING OF ,THE CITY COUNCIL FEBRUARY 3, 1987 The Schertz City Council convened in Regular Session, Tuesday, February 3, 1987, at 7:00 p.m. in the Council Chambers of the Munic ipa 1 Comp lex, 1400 Live Oak Road, Schert z, Texa,s. The following members were present: ,Mayor Earl W. Sawyer, presiding; Charles B. Sharpe, Hal Baldwin. Ray Stanhope; Adolph Aguilar and Ken Greenwald. Staff present were City Manager Jimmy G. Gilmore and City Secretary June G. Krause. #1 BEARIRG OF RISIDEBorS: Mr. Sharpe asked that time be allotted to Mrs. Sharon Fruge, President of the Business Club for a presentation. Mrs. Fruge said the Business Club had started last August on a membership drive and had increased their membership fiom eleven to sixty members. There were working on something to welcome new citizens to the community. She presented packets they had put together which include discount coupons, advertising of local businesses, informational booklets, etc. Mrs. Fruge also said they are planning to participate in other events such as Spring Clean-up, 4th of July Jubilee. The packets will be available at the Municipal Offices for new water customers. Mayor Sawyer thanked Mrs. Fruge and complimented her and the Business Club for putting t~~ether this nice packet. #2 OR.DIRARCE: Mayor Sawyer introduced an ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY TEXAS, CALLING AN ELECTION TO APRIL 4, 1987, FOR THE PURPOSE THREE (3) COUNCILMEMBERS. OF SCHERTZ, BE HELD ON OF ELECTING Mr. Stanhope moved to approve the first reading of an ordinance calling an election for April 4, 1987. Mr. Greenwald seconded the motion, which carried with the following vote: AYES: Councilmen Sharpe, Baldwin, Stanhope, Aguilar and Greenwald. NAYS: None #3 OR.DIBARCE: Mayor Sawyer explained that the City has been asked by Bexar County to pass a resolution of participation in the 9-1-1 System but we have not gotten word back from our attorney on the legality of doing this. Mayor Sawyer said he felt it would be a disservice to our citizens to pass a o o o 37 resolution rather than give them the opportunity to vote on the proposition. Attorney Sarris was present and said that the law does not allow for an election under these circumstances and he felt it would be totally meaningless. Mr. Harris said the way the bill is written, if part of the city lies within the district, the City can elect to join. Mr. Aguilar said that the way Council feels is that the ones that voted are only a part of the city. Mr. Harris said that he supposed Council could call an election but he recommended against putting a referendum on the general election. If the City voted to join, then the citizens could file a petition for a referendum election, but the other way it would be meaningless. Mr. Sharpe said that the two precinct within our city and in Bexar County are #4067 and #4068, there were 45 votes cast in those precincts 35 for and 19 against. We know that the precinct carried but we don't know how our citizens voted. Mayor Sawyer said he did not have anything against passing a reso lut ion with having an elect ion because under this enhanced system, we would not get lost in the shuffle. He said he did not want to get put in the position that we did not get included in 9-1-1 for lack of action by the Council. After further discussion, Mayor Sawyer asked that the resolution to participate in the Enhance~ 9-1-1 System be on the next agenda. #4 SETTIRG POOL RATBS: Mayor Sawyer informed Council that Mr. Sharpe had "8'ubmitted some new suggested pool rates for their consideration. Mayor Sawyer said he felt Council needed more time to consider these n~w rates. 11. {)~~ /3 ! '7 Mr. Sharpe said that he could not vote for rates that would allow the same rate for those living outside the city as in city residents. He suggested not cutting the pass rates in half but do have them less than last year. This a Iso iDC ludes the swim lessons, they should cost more for outside city people than those that live within the city, as should the reservation fees. Mr. Baldwin said that the lesson rates are based on what we pay the instructors, chemicals, etc. Mr. Greenwald moved to table this item until the next workshop. Mr. Baldwin seconded the motion, which carried as follows: AYES: NAYS: Councilmen Baldwin, Stanhope, Aguilar and Greenwald. Councilmen Sharpe t "1> ' 38 ~ ~., ~\ ~> ~\' t~ J1 t\ l \ . r-, \ r't ~\. t) .~ ';\\.' \"\ \ \J' , \ ---, 15 AGR.EEIIEIT: This item is to consider a Letter of Agreement on Schertz Parkway. Attorney Harris said he is having the company real estate attorneys look at this document but could not get it updated by this meeting. He said he could have it by the next workshop. Mr. Harris said he knew what Council wants to do but would like to have more details exactly what they want and how we are going to give it to them, etc. This is important to both City and developers and it really needs to have a lot of time spent on it. Mr. Sharpe moved to table this item until the next workshop. Mr. Baldwin seconded the motion, which carried with the following vote. AYES: Councilmen Sharpe, Baldwin, Stanhope, Aguilar and Greenwald. NAYS: None #6 EXECUTIVE SKSSIOI: Mayor Sawyer called an executive session at 7:44 p.m. under "Article 6252-17 Vernon's Texas Civil Statutes to discuss on-going litigation with the City Attorney. -- The Regular Meeting was reconvened at 7:57 p.m. Mayor Sawyer asked to move to the next item as the City Manager was tied up for a few minutes. 18 ITEIIS BY COUICIL: Mr. Sha rpe sa id he a t tended the Appraisal District meetin'g and had a copy of the letter they sent out. The have appointed Jo Ann Wells from Northcliffe as the replacement from the one that resigned. He said basically they are shooting for completion date of 13 March, but should have it completed between 20 April and 20 May. Mr. Harris said he was asked to do some research on the maximum amount of franchise fees the City could charge on cable TV. The general rule is limit to 2%, based on the charge for use of city streets. There is a difference for Cable TV because the Federal Statutes permits maximum of 5%. Mr. Ba Idwin advised that this cost is passed through to the- citizens and comes right back to us. Mayor Sawyer said the question Council had is that if the Council so desires, could they raise the franchise fee. Mr. Harris said -- yes. ~ [] Mr. Sharpe said the Schertz Business Club and Chamber of Commerce are putting things together to get new maps for the area. Banks etc. want to buy maps and Mr. Sharpe said he felt they would extend that to cities. Mr. Baldwin asked if Guadalupe County assessment allocations are based on passed rates and Mr. Sharpe said yes. 39 07.() ~# / C' 'J- 4/rDq~ . ,I L1 {'1 ' Mr. Aguilar announced that the Library Board and Human Society /1//,( >;rf were having their annual dance/auction on February 14th. ~(3\ Mr. Aguilar said he sees all these signs on telephone poles for '. c,~ garage sales, etc. Mr. Gilmore said they are being taken downL(' .:,' when noted. lit Mr. Greenwald said that Planning & Zoning recommends the I 10 frontage go to public hearing to reclassify from pre-development to general business from Weikold Road to FM 1518. Mr. Baldwin said in the letter from Commissioner Bob Lee concerning the grant money for Rittimann Addition, he mentioned Gibbs-Sprawls Road - is this an error? " Ie>; I !J ~ /'1 ,(j,~ Li . (/ ,{.,. <1, t ~1 Mr. Gilmore said that Mike De Leon has contact Mr. Lee and in the discussions they have had, the grant is for Rittimann Addition. Mr. Greenwa Id sa id that hopefu lly by the next workshop Counc i 1 ~,,1, c;.,q will have information on BVYA South Zone, etc. '(i";' o Mr. S~anhope said he and Mr. Willman had taken a drive around the city and the "Shade Tree Mechanic" sign is still out. He also mentioned the, drainage in Woodland Oaks on unit 3. He said before we do too much, we should get the City engineer out there. #7 CITY KARAGER.'S REPORT: Mr. Gilmore said we should have an answered as to' Ford' looking at drainage at the next workshop. /" We have looked a tdo ing it ourselves but there are two problems-I with that. One is we would have to have permission to get on the land and the other is liability. The Mayor has written a memo to P&Z asking them not to consider approval at this time. B. Regarding the speed limits on FM 300~, the Highway Department 8ay~ if we put up signs, they will take them down unless it has4' been approved by them. They say we do not have the legal right to se t speed 1 imi t s there. Mayor Sawyer sugges ted 'put t ing some heavy equipment up there and put up a sign that says 45 miles per hour because of construction. I'",,~ '\~~ ( I 'C ' ,) 1 () (:) . I ( ~.. l,l t1t I r 1 ! \ It- '1 , 1 d 10 C. Have ta lked with give us dumpsters. We /,,) IV? Gutierrez on Spring clean up and he will. , are coming up with locations and dates.' I' l\ o D. Regarding lighting Circle Oak, we have the telphone pole and will have light in the future. .~~.t(''ii/;t'!i ~:i)1 104 \ ice ( r- I ~ r- 41 ~. GVEC suggests meeting with Mr. Hines to discuss FM 3009 and ~chertz Parkway as far as lighting goes. I F. We have a tremendous pickup in taxes, bringing it up to 88% collections have come in. , / ~ (<, ,:.'.;:7 / (. ~ ~; " ':.1 / { ~ ;: '/ G. We are start ing on the next annexat ions. We have area on ~ower Seguin Road of about 107 acres from city limits up FM 1518 9?, 1~7 ~o our ETJ line. /;;'1' We are also proposing a 500 foot strip either side of Eckart Lane pff I35 and back toward Marion. a. Also ha~e a letter from New Braunfels on Solms Water C~m!anY~1. 101 ~here the C1ty of Schertz and Green Valley ar~ dually cert1f1ed. ~ . . .ew Braunfels is buying Solms Water Company. They are wanting to !~' work with us and are willing to withdraw. They have to initiate ~he action - they will have to withdraw. ~. Have prepared a handout to go with the Welcome Wagon packets. ~~ k, ~. Steve Simonson is visiting with the Lions Club to give an (! ~pdate and also to go over zoning as to what our responsibilities ~re and what their's are. He will explain how the city operates .nd give them an opportunity to ask questions. , #9 ~ommerce ~hat Mr. /' ! Jf) .t ITEMS BY KAYOR.: Mr. Sawyer announced the Chamber of bre~kfast on Wednesday ~t 8:00 a.m. at Woodlake, saying Sharpe will represent the city. ~lso on February 17 at 2:00 p.m. he has been ~ctivation of Military Medical Command meeting. invited to the /? I 1\ lie had a suggested resolution from the Texas Civil Justice System<Z5" I, ; ~hich should be included on the next workshop. ~r. Sharpe said that on annexations, one of the things he has ~ooked at is that San Antonio runs their annexations in December r ~o that it will be on the tax roll the first of the year so that4 ,ou are not providing services for months before collecting taxes. Mayor Sawyer said the longer we wait on annexations, the $ooner San Antonio, Cibolo or New Braunfels can encroach on our ~TJ. These two annexation coming up - the time is right so that ~e can keep ahead of encroachment. r~l ! .' (, / will ~1, I" . I, '1 J ;, r ~r. Aguilar said the San Antonio-Austin Corridor Council feet Friday the 13th in Austin. ~r. Stanhope asked if the city is going to use bonds to rebuild the entrance to Crest Oak. Mr. Gilmore said the bids are out 110w. i .~. " \ I . 42 #10 ADJOURIIIEIT: On a motion by Mr. Greenwald and uIianimously carried, adjourned at 8:30 p.m. ATTEST: Ci Mr. Aguilar, seconded by the meeting was declared ~.~ "Jh;"L,L o o o