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REGULAR MEETING OF THE SCHERTZ CITY COUNCIL
MARCH 17, 1987
The Schertz City Council convened in Regular Meeting on March 17,
1987 at 7 :00 p.m. in the Council Chambers, 1400 Live Oak Road,
Schertz, Texas. 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 Manag~-wimmy G. Gilmore and City Secretary June G. Krause.
Mayor Sawyer welcomed everyone
County Commissioner Brown and
Hartzog.
to the meeting
School Board
and introduced
Candidate Earl
PUBLIC HEARINGS: A.
hearing was to receive
of approximately 60.911
Counties.
Mayor Sawyer explained that this public
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citizen input on the proposed annexation p ~~_
acres of land out of Comal and Guadalupe
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Mr. Gilmore explained that this is the area along Eckhart Road -
one mile from 1-35 down Eckhart Road and 250 feet each side of
the road.
There being no residents wishing to speak on this proposal, Mayor
Sawyer closed this public hearing at: 7 :0'3 "p.m'.'
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r-- B. Again 'Mayor SawYer said' the public hearing was to receive
citizen input regarding the propose annexation of 107.63 acres of
land out of Bexar County.
Mr. Gilmore pointed out of the map the location of this land,
being a 250 foot strip either side of Lower Seguin Road from FM
1518 to the Cibolo Creek.
Mr. Larry Baumann said that at last meeting there was some
concern expressed regarding whether or not the Council was going
to extend the water line in this area if they do annex. This is
a high concern and high priority of the residents in the area.
In answer to a question by Mr. Stanhope, Mr. Baumann said his
property was approximately 1/4 to 3/8 mile from the end of our
water line.
Answering a question from Mr. Baldwin, Mr. Baumann said there
were approximately 5 to 6 houses along this area that need water.
Mr. Sharpe asked if Mr. Baumann had cons idered laying his own
line and hooking onto the City's water line. Mr. Baumann said he
had never had any reason to consider it before but now with the
landfill going it, it would be his concern because of the affect
the landfill would hav~,; on. I hfS spal~ow w~l,l. ,"
Mr. Sharpe then asked Mr. Baumann, if he w~s,for or opposed to the
proposed annexation. Mr. Baumann said neither way.
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Mr. Greenwald asked if the City's line is part of the old
Schaefer System. Mr. Gilmore said it was and is a 2" line and
runs down-one side of the paved road.
Mr. Greenwald said it doesn't seem to be much of a problem then.
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Mr. Baldwin reminded Council of the size of the line and problems
we have had in the past of too many connections on this size line
reducing pressure considerably.
Mr. Gilmore said he would have Mr. Bierschwale put together some
figures on this water line.
There being no further citizen input,
public hearing at 7 :14 p.m., after
showing up and gl. Vl.ng their input.
understands their water problems.
Mayor Sawyer closed the
thanking the people for
He assured them Council
#1 APPROVAL OF MINUTES: Regular Meeting of February 17th.
Mr. Aguilar moved to approve the minutes of the regular meeting
of February 17, 1987. Mr. Greenwald seconded the motion, which
carried with the following vote:
AYES: Councilmen Sharpe, Baldwin, Stanhope, Aguilar and
Greenwald.
NAYS: None
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#2 HEARING OF RESIDENTS: Commissioner Brown apologized for
not being at the Schertz parkway Ground Breaking as Mr. Brannon
had the date wrong.
#3 AUDIT: Mr. Ed Thorpe of Melick, Thorpe and Armstrong,
addressed Council saying' their firm had b_n doing the City's
audi t for several years. However they do not use the same
audi tor every year - it had been abou t three years since Mr.
Thorpe had done our audit.
Mr. Thorpe said he had gone over the audit report in detail at
the last workshop so he would briefly cover a few extra things.
On page 6 of the Manager's letter, there is mention of the City
receiving a Certificate of Achievement on previous audits and
will submit application to Government Finance Officers
Association again this year. This is quite an achievement for
the City. One thing of significance is the mention in the letter
of the addition of four and one half miles of interstate highway
frontage to the City.
Mr. Thorpe also mentioned the Council's decision to pay tax bonds 0
from debt service revenues this year, which should help
considerably on selling the bonds.
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After repeating some of the things mentioned at the last meeting,
Mr. Thorpe said his firm certifies the reports presents fairly
the financial position of the City.
Mr. Greenwald moved to approve the audit report for the year
ending Septembe~ 30, 1986. Mr. Stanhope seconded the motion,
which .carri.ed with the following vote:
AYES: Councilmen Sharpe, Baldwin, Stanhope, Aguilar and
Greenwald.
- NAYS: None
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#4 LIBRARY BOARD: Mayor Sawyer recognized several members
of the Library Advisory Board that were present.
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Mr. Aguilar moved to approve the slate of officers submitted by
the Library Advisory Board. Mr. Greenwald seconded the motion,
which carried as follows:
AYES:
Greenwald.
NAYS:
Councilmen Sharpe, Baldwin, Stanhope, Aguilar and
None
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#5 ORDINANCE: Mayor Sawyer introduced an ordinance and
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AN- ORDINANCE
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BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, AMENDING THE ZONING ORDINANCE NO. 87-
S-l BY REZONING A TRACT OF LAND OUT OF BEXAR
COUNTY ALONG I-10 FRONTAGE AND REFLECTING
SUCH CHANGE ON CERTAIN ZONING MAPS IN
ACCORDANCE WITH THE SCHERTZ ZONING ORDINANCE~
Mr. Stanhope moved to approve the first reading of an ordinance
amending the Zoning Ordinance by rezoning the I-10 frontage. Mr.
Greenwald seconded the motion, which carried as follows:
AYES: Councilmen Sharpe, Baldwin, Stanhope, Aguilar and
Greenwald.
NAYS: None
#6 ORDINANCE: Mr. Sawyer introduced an ordinance and read
the caption 'as follows:
AN ORDINANCE
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BY THE CITY ~ICQT.JNC;:J:L.ol.QF:,~~Il~o' c.I.'r)f OF, SCHERTZ,
TEXAS, AMENDING ORDINANCE NO. 78-F-15
" '.;" ') \' ,}N~R$AS:qm;: ~~~, ;,~~G#;rp~, FEE : P~ID ~ BY ROGERS
CABLESYSTEMS OF THE SOUTHWEST, INCORPORATED
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. :':),Kr~~ S:Pl.a~e', :.moved j~to.":t;~ppJ:'oveI: tWe: drdf~arice increasing the
I C":franah~Gf"-ee ~fo-r:' Ri!>ge:EtPC~~em trcin :J%.J"~to 5% effective July
'1,1987. Mr. Greenwald secoi\d~d dr~ rtiBtion':-<!!
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Mr. Baldwin said he had called Mr. Guerra at Rogers and was told
that the extra 2% would be passed on to the subscriber. He sent
a copy of the law, which specifies that the fee can be passed on
to the consumer. Mr. Baldwin read that portion of the law. Mr.
Guerra said it absolutely would be passed on to any city that
increased the fee from 3% to 5%. He indicated that San Antonio
was the first to increase the fee, with Universal City, Live Oak
and Hollywood Park following, with others considering it. Mr.
Baldwin then quoted figures given him by Rogers that would equate
to an increase of $1.51 per customer per month. However Mr.
Sharpe called his attention to the fact that he was using
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quarterly figures so the $1.51 would have to be divided by 3,
.; which would be about $.50 per customer per month increase.
Mr. Baldwin said he did not have any problem if there is a need
for the money or if the Council was in the budget process and
needed the money so they could cut taxes or something. However
to come in at mid year just because we can do it and other cities
or doing it, is not right.
Mr. Stanhope mentioned that Council raised water rates
property taxes and the rates raised by other entities, when
add them all up there is going to be people that just can't
it.
and
you
pay
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Mr. Sharpe! said j:that"rCaole ,ITV~: is nbt='1i1 necessity and he did not
feel it would burden anyone it they are already paying $20 to $30
a month. The amount received a year is just under $12,000 and it
behooves the Council as elected officials to look for ways we can
raise money without increasing taxes.
Mr. Greenwald said he would have no qualms if it would be
effective October 1, 1987 to tie into the budget.
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Mr. Sharpe said that if they could find some place to bring in
more income, they could always find some place to spend it.
Mayor Sawyer then called for a vote on the motion.
was defeated with the following vote:
Said motion
AYES:
NAYS:
Councilman Sharpe
Councilmen Baldwin, Stanhope, Aguilar and Greenwald.
#7 CONTRACT: Consideration of approving a contract for
services with the Randolph Metrocom Chamber of Commerce.
Mr. Gilmore said this is the usual contract we have every yea+.
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Mr. Sharpe explained that the increase in s~rVice fee is because
they are trying to restructure and bring fees up to date. For
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about two or three years it was left at the same rate, but the
fe~ is now based on the sa~es ta~ apd shoul~ be more equitable
for 0:1']: -Concerned'. _. .., -.. - ... - .
Mr. Sharpe' moved to" ~app~ove' -the" 'cc5'~tract. ~6r services for the
Randolph Metrocom Chamber of Commerce for calendar year 1987 in
the amount of $1400. Mr. Aguilar seconded the motion, which
carried with the following vote:
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AYES: Councllmen Sharpe, Baldwin, Stanhope, Aguilar and
Greenwald.
NAYS:, . None
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#8 RESOLUTION: Mayor Sawyer introduced a resolution and
read it, the caption-being as follows:
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RESOLUTION NO. 87-R-4
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A RESOLUTION BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS, AGREEING TO ANNEX THE
MALFORD BOECK ESTATE IF SAN ANTONIO
DISANNEXES THE TERRITORY.
Mayor Sawyer recognized Mrs. Boeck who was present and reaffirmed
her desire to be annexed by Schertz.
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Mr. Aguilar moved to consider favorably the resolution agreeing
to annex the Boeck Property. ,Mr. Greenwald seconded the motion.
Mr. Sharpe asked to delete the phrase 'from their ETJ' from the
resolution. Howeverj Mayor Sa~er ~aid if San Antonio
disannexes~ the - land - would alitomatrcal1y be in their ETJ so the
phrase needs to be left in the resolution.
Cindy Boeck presented a letter from Margaret Boeck stating that
Cindy had her permission to speak on behalf of her and the entire
Boeck family concerning this disannexation and annexation by
Schertz. Cindy Boeck stated that the whole family wants to be
ann~:xeq,)by -;the City of Schertz. and she was present to ask that
Council did pass the resolution. She said she was only meeting
with Converse to keep things better between the two cities.
Cindy went on to say that she did know that another resident
requested water from Converse to be brought across FM 1604 and
Converse did not do it.
Mayor Sawyer then called for a vote on the motion before Council.
Motion was passed with the following vote:
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AYES: Councilmen Sharpe, Baldwin, Stanhope, Aguilar and
Greenwald.
NAYS: None
#9 SAVANNAH SQUARE: Mr. Gilmore said that Mr. Sharpe had
asked that this be-on the agenda.
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.' ,-1 Mr; Sharpe' said' that- the-te: was j"a 'wch'kshop where Council and
,\ :'engiheer representa't'ive' "talked cWolit Savannah'Square drainage and
nothing was ever done as a result. The, problem with the
detention pond is getting worse. Mr. Sharpe said he stopped by
and talked with Mr. Ford and he says he did not design it and we
need to get back with the engineer who designed it. Mr. Sharpe
said he did not recall our engineer ever saying the pond would
not work, but does remember him recommending it be put
underground. Who is liable for the damage this erosion is
causing? '-Mr. Sharpe suggested that we should go back to their
engineers and tell them that the detention pond does not detain
water and is creating problems and the people are getting very
upset. Mr. Sharpe also said the City should record with the
'camera for our files so that we have something to back us up.
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Mr. Gilmore said Steve Simonson would like to talk with Mr.
Sharpe about this so that he would know the right area to take
the pictures.
Mr. Baldwin said he bet the engineer would say that there was no
more water coming out of there than there was before. We are
going to have to spend some money on Antler Drive to correct the
deterioration.
#10 CITY MANAGER'S REPORT: A. When Mr. Thorpe was
presenting the audit, he also had' a letter for contracting for
next year. Mr. Gilmore recommended staying ,with them as they do
~!rotate 'auditors every 'y~ar :'and -'have done ~ very good job for the
City.
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Council concensus was to have this contract on the next agenda.
B. Have a report on how to
Exemption. We have a hand out
considered at ,the next workshop.
repeal the Telecommunications
and sample ordinance to be
C. "- BVYAis -asking to install some additional fixtures on poles
fsr area lighting. Does the Council want to expend $1,000 for
this purpose. Mr. Greenwald said he was not sure what this was
for and recommended'getting in touch with their president to be
sure if it is for security lights or what.
#11 ITEMS BY COORCIL: Mr. Sharpe said he was glad that
Mr. Brown, Guadalupe County Commissioner, was present. The
County is looking at renewing the EMS service with Seguin. There
has been a number of 'meetings with lots of discussion on this.
For years the County paid half the EMS budget and during the same
years SAFES was formed in Schertz. What has come up is that they
make a contract with Seguin but not as a percentage of the
budget. We have run SAFES completely on a per capita system.
They need to revise the contract and get away from percentage of
the budget.
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Mayor Sawyer said he had always favored this and solicited Mr.
Brown's help. He said that one article in the newspaper led
people to believe that we have a second-class service out here
and Seguin has a cadillac service. This is not true.
Mr. Brown said he was concerned with the amount of expense going
into th~ RMg ov~r th~ la.s t y~a.r. H:~ sa.id th~y try to work a.s
hard as they can and have everything above board.
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Mr . ,Sha~pe sugges ted _ that, concerning. the repeal of the
telecommuni-e,ations exemption,. .this be put ona workshop in June, j
perhaps at the same time as considering raising franchise fee on
Cable TV is discussed so that it could all be done by October.
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Mr. Baldwin said that Mr. Guerra of Rogers said he would be glad
to come out to one of our meeti.ngs.
Mayor Sawyer suggested sending Mr. Guerra a letter and inviting
him to come to a meeting.
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C. Mr. Sharpe said that in looking at the water and sewer 4 f)., J ,
monthly summary, it seems I ike we have a large discrepancy in the " I '.' A
accountabili ty of water over the months. Either something is
wrong or it was figured wrong.
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Mr. Gilmore said he would get Mr. Bierschwale to report on that.
Mr. Baldwin s~id they have been work,ing on plans fO~ a Regic:'nal 1',1 () ? f\
EMS and they Just can't really get J. t done. He saJ.d they Just"D '( I"
can't get any other area interested - which speaks well for . ';
SAFES. He said they made an attempt to place a unit in Universal
City but could not generate enougli interest - there are now only
three people left.
Mr. Stanhope said that our auditor at two meetings had brought up
tbefact . that Alice Austin, is doing a super job and that she
saved the City a lot of money. Mr. Stanhope said he would like
the Council to make note of that and to consider it.
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Mayor Sawyer said Alice has always been an extraordinary employee
and has done a terrific job.
Mr. Baldwin suggested looking at her job description because it
may be that the City is not paying her enough.
Mr. Aguilar said that regarding the TV franchise, it is not a "1 / lf3
dead issue. Like Mr. Baldwin said we should stop taxing just to ~ ." ~
be taxing. In spite of the goodies, Council should take a good ~7~
look at last page of the audit report and take heed. Audit so
far have been good.
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Mr. Gilmore said we have already implemented about 95% of the
auditor's recommendations.
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Mr. Greenwald said he attended a BVYA meeting and Rita Bullock
expressed need for the Community Center for the 16th of July for
a banquet prior to the opening of. the tournament. This will be
the 10th anniversary and it looks like it will be bigger and
<better th~n.last year.
#12 ITEMS. BY ayoR.:.- - Mayor 'Sa'Wyer's'aid today the City
Council was pleased to attend the Ground Breaking on 1-35 of the
Schertz Parkway. The City plans someday to extend Schertz
Parkway through to I 10. This pa is being contracted' by the
developers and the road'should be fi . hed sometime next year.
Mayor Sawyer said he
Randolph.
e Change of Command at
Mr. Sawyer asked if any Councilman knew of a law enforcement
officer deserving of receiving an app~~ciation award to get his
name in.
Mr. Sharpe thanked Mr. Gilmore and staff for getting the trash
pile on I 35 cleaned up ~ it sure looks better now.
Mr. Sharpe said that at the TML meeting last October, TML
approved a resolution so that the sales tax on Cable TV would be
paid at delivery area instead of place of origin~ He-said he was
going to suggest sending letters to all the area cities so that
the cities could get the tax dollar instead of it all going to
San Antonio. He also suggested getting individuals to write
letters.
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Mr. Gilmore said he had'ta1Ked witn 1ML arid tnere is a bill being
presented. Also Rogers Cable TV is behind this bill.
#13' AD~:
adjourned at 8:37 p.m~
unanimously carried.
Mr.' Aguilar moved the meeting be
The motion was duly seconded and
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