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ccswks 05-13-1987 120 fY ~- ~~"r,r" .~! -V :, \\,\: SPECIAL MEETING OF THE CITY COUNCIL MAY 13,1987 n LJ The Schertz City Council convened in Special Workshop Session, Wednesday, May 13, 1987, at 7:00 p.m. in the Conference-Room of the Municlpal Complex, 1400 Schertz Parkway, 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 Manager Jimmy G. Gilmore and City Secretary June G. Krause. #1 BEARING OF RESIDBRTS: Mr. Roger Ricketts of 916 Robert Derrick said that he had received a citation for two dogs-running at large. He said when he gave the lady the $20.00 to get the dogs out, the lady asked to see his driver's license and that she was issuing a citation for no city tags or rabies tag. Mr. Ricketts said he thought that was sneaky because the dogs were not his. The dogs were not in a cage but still on the truck and it had been two hours. The fine was to be $120 or $150. Why are the fines so high in Schertz. He said he did not feel this was right. Mayor Sawyer said Council is concerned with loose animals in the streets. Mr. Sharpe said he had talked at length with this man. He said Council had a workshop where they talked at length about fees and n it was an open meeting. The fees are based on talking to other ~." I agencies. They are not designed to raise money for the City. He LJ went on to say that Council appreciates any input. Mr. Ricketts said he feels he was taken advantage of. He asked if our court was a Court of Record. Mr. Gilmore explained that it was not but he could appeal to a County Court. #2 Joint Meeting with the Cibolo City Council to discuss joint planning and coordination. Mayor Sawyer welcomed the Cibolo City Councilmembers to this meeting. He said that when Mr. Bishop was Mayor of Cibolo, he discussed with Mr. Bishop setting boundaries for the two city's extraterritorial jurisdiction. Mayor Sawyer said Mayor Bishop moved faster than he liked to move so he wanted to invite their Council to a joint meeting to discuss mutual boundaries. Mayor Sawyer said some of the prior Cibolo Council members felt Schertz had stepped on their toes when Schertz moved down Lower Seguin Road. Mr. Gilmore had a map showing the current ETJ agreement between the two cities. Mayor Bauder said the problem on Schertz' last annexation was 0, that Cibolo had letters of agreement to annex from some of the property owners in that area. ,.......i: '-"'~>' ". ~ ( 121 r-- t ; Mr. Baldwin said that was mute since San Antonio's ETJ goes out past both Cibolo and Schertz. Mr. Gilmore said that San Antonio's ETJ lies south of 1-10 to FM 1518 then moves north of 1-10 to Lower Sequin Road. Mayor Bauder said that the people that gave them Letters of Agreement probably came to Schertz and should have withdrawn their letter with Cibolo first. He said they talked to Schertz about water which Cibolo could not supply. Mr. Gilmore said that some of that property was not contiguous to the City of Cibolo boundaries. Mayor Sawyer said the proposal was to settle the ETJ between the two cities at the the Cibolo Creek all the way to 1-10. Mr. Gilmore reminded that the big problem is if Cibolo infringes on San Antonio's ETJ. Mayor Sawyer suggested taking this under consideration and discussing at the next workshop. Mayor Sawyer then brought up some other areas of mutual concern. One being that some of our area in Schertz has a Cibolo address - namely Greenshire. He said Schertz would like Cibolo's r- I assistance in getting this changed to a Schertz mailing address. Another area is getting a bridge across 1-35 at Wiederstein Road - does Cibolo still want the assistance of Schertz on that. The Highway Department is going to work on this for the next section. Mr. Sawyer said he will bring that up at the next Council of Mayors. Mr. Sharpe asked what plans Cibolo has for that area in their ci ty limits that borders 1-35 as far as serving the area is concerned. Mr. Harris said their Master Plan shows they will develop in that area. Mr. Sharpe said Schertz tries to limit signs along 1-35 and in this area there are four and also the vegetable stand is a mess. Mr. Baldwin suggested taking a look at Schertz' overlay ordinance for Jack Hays Boulevard to see if Cibolo would pass something similar so that both sides of the road would be nice. Mayor Bauder said they have talked about that ordinance in the past but he didn't know if the ordinance had ever passed. He said if they did not pass one, they would look at it again. Mr. Gilmore said he had invited Cibolo's new administrator over r- to discuss mutual things. l22 [9' .\. \\ '. ", Mr. Sharpe said that Schertz fully supports running the drainage behind CCMA. He said we have not had a letter back from the Highway Department but everyone feels it will be done there. o Mayor Bauder asked about the Dietz Road - if it was half Cibolo's and half Schertz'. Mr. GilmOre he believed the law is that if you take up to the road, you have to take in the road. Mr. Aguilar brought up the problems of common streets in both cities having different names - such as East Live Oak Road and when it crosses Jack Hays it becomes Dietz Road. Mr. Harris brought up about the drainage at Dietz Creek south of Borgfeld Road. Mayor Sawyer said Schertz is working with CCMA, Guadalupe County and the Corp of Engineers on that. , He said it will take all working together to arrive at adequate drainage. Mr. Harris agreed, saying we all need to get serious because as development progresses, it will be a big problem. Mayor Sawyer concluded by saying there are many things the two cities need. to cooperate on. If we are planning something that will hurt Cibolo, just let us know about it. Mayor Sawyer invited Mayor Bauder to have his administrator contact Mr. Gilmore and his City Secretary to contact Mrs. Krause if they could be of any help. He said we are so close together that we need to work in cooperation. Mayor Bauder thanked the Mayor for inviting them to the joint meeting, saying they want to work with Schertz Council and if the cities have problems to sit down and talk about them. n U Mayor Sawyer called a recess at 7:50 p.m. The Special Session was reconvened at 8:01 p.m. #3 Discussion of Waste Management Rate Increase. Mr. Henry Gutierrez of Waste Management introduced Jim Hacklett as his General Manager. Mr. Gilmore advised that the Council had asked Mr. Gutierrez to supply additional information, which he has done, showing why the additional cost above the 10% per year is needed. There is an addendum to the agreement that allows them to come in for addi tional costs if warranted. He has things such as sky- rocketing insurance cost. At the same time the landfil owner increased cost to Waste Management. It has been two years since the last rate increase was granted and we still would be one of the lowest in the area. Mr. Baldwin asked about the cost to other cities in the area. Mr. Gutierrez explained that in Live Oak Garbage Gobbler had 0 similar service for $5.28 and came in in February whereby if you) have once a week pickup for the same price but if the people t~t:"kJi :L.,~~~1 / 123 r- , I i ; , , wanted the cart type, the price was $7.29 with the contractor doing the billing. Converse' rate is $5.38 for twice a week service. He said they will be going to Converse and all the cities they serve with a rate increase request. Mr. Gutierrez said that Schertz is one of their older accounts and that Cibolo will go with the same rate also. He said Waste Management spends about S5,000 on the Spring Cleanup and there are a lot of city vehicles that dump in the landfill - an average of about 300 loads a month. Every yard that comes in costs Waste Management about $2.00 - all services that are provided to the City are paid for by Waste Management. Mr. Baldwin asked what brought about the high cost of liability insurance. Mr. Hacklett said the State law on different types of hazardous wastes, etc. Mr. Gutierrez said the liability rates come from a combination of State and Federal experiences. Mr. Sharpe asked why the rates are lower in Converse, Cibolo, Kirby when the dump is right here in Schertz. Mr. Gutierrez said the rates are a little lower because they do not have the level of service that Schertz has. Mr. Baldwin agreed saying that more good comments come from the Spring Cleanup than anything. He said he appreciates the fact that Waste Management goes along with that and he hopes we can work toward resolving the messes encountered this year. r- : I i , Mr. Sharpe said he had discussed having a committee before next spring to devise some way to do a better job. Mr. Hacklett said they are glvlng some thought to chipping branches also. He said they have a chipper now. Answering Mr. Sharpe, Mr. Gutierrez said they have 2600 customers in Schertz - 73% residential and 27% commercial. He said they are asking for 10% more on residential and 7% on commercial. Mayor Sawyer asked for a concensus of Council, saying they are asking about $1.10 month increase. After receiving a concensus, Mayor Sawyer asked that this item be placed on the next agenda. #4 Discussion of amendment to the ordinance creating the Planning & Zoning Commission. @i/~/$ S~}, /1' :J '1 't, 1\ . In going over the proposed ordinance, Mr. Aguilar questioned why the section on quorum was after the listed duties. After discussion, it was decided to leave as is. Mr. Gilmore requested that in paragraph 2 the phrase "owners of i real estate" be deleted. r There was considerable discussion on the use and function of alternates. Mr. Greenwald said it was a double edged item - one to get more input and second to have someone ready when the need 124 tv ,~ ~ c~. ~~~) ~w ~. arises for new members. After discussion on alternates, Mayor Sawyer called for a concensus of Council, which showed three members wanted to delete alternates and two were in favor of having them. Therefore, alternates were deleted from the ordinance. o #5 Discussion of water system improvements. Mayor Sawyer said that the week before the City had arranged to pay Mrs. poirer $10,000 for an acre of her land for the new tank. Mr. Gilmore said everything would be ready to be signed on the 25th of May. Mr. Gilmore then broached Council on whether to placed a two million gallon tank on this property or whether to place a one million gallon tank on this property and put a half million gallon tank in the Schaefer Road area. By putting the half million tank on Schaefer Road area, it would also help the central part of Schertz. Mr. Gilmore said the recommendation for the two million gallon tank was to serve lower Schertz and everything to the south. By placing a 500,000 gallon tank out in the Schaefer Road area, we are apply for a grant for that area - it can be considered as a separate area. Mr. Greenwald asked if by cutting out 500,000 gallon, can we 0 still meet our criteria for storage facilities per household. We . . should look at maximizing our storage under the bonds. Mr. Gilmore said splitting the tanks would be the better route to go. Council .said to go with the two tanks but get prices on a one and half million for East Live Oak instead of the one million gallon tank. Mr. Gilmore said the Ci ty is scheduled to go to court on the Magnum case in September. If we win, it will release money for the second tank. #6 Discussion of a resolution applying for a FMA Grant/Loan. Mayor Sawyer asked that this item be placed on the next agenda. #7 EXECU'l'1VE SESSION: Mayor Sawyer called an executive session at 9:30 p.m.. under Article 6252-17, Section 2 (g) V.T.C.S. for the purpose of discussing possible disciplinary proceedings relating to charges of unlawful force used in making an arrest. The Special Session was reconvened at 10:32 p.m. #8 Supper. o CITY MARAGER' S REPORT: A. June 6 is the Fireman' s The .volunte.ers. have invited the Council, City Manager :iwi.." ~/' ,:"", ( 125 ,--. ! 1~ and City Secretary and their spouses for a 8:00 a.m. breakfast on (~ that day. B. The Janitorial Service gave a bid for cleanup of the 4th of ~~, ~ July Jubilee at the same rate as last year. ' " C. Just for information, we have issued 78 traffic tickets on2~ij~ Oak Street, 150 Schertz Parkway, 383 on FM 78 and 181 on the 1-35 'v;,lL..2;dJ Access Road in a four month period. D. FEMA has come in and suggested that we change the flood plain ordinance to comply wi th their ordinance. They have asked to received the ordinance by the 15th of June. They furnished a copy of their ordinance and want ours in their language. They are dropping some cities from the insurance program because they did not change their ordinances. @; #9 ITEMS BY COUNCIL: Mr. Baldwin asked if the City had gotten something together to put in the VFW time ca~sule. Mr. Sharpe suggested putting a video tape of the City in It. 1J~\ (, r~'/~:' "-"l,' .~ r j Mr. Baldwin advised that Rita Sabo had sent a thank you for the Senior Citizen Appreciation Day. I Mr. Aguilar said there is a Monarch Homes sign on a telephone )(j@ pol e near the Sonic. I f I Mr. Aguilar referred to a TV interview with Mr. Gilmore, saying,./ .itf( that he had said the City gets $136,000 in fines. Mr. GilmOre~,~ said he did not know where they got that figure but the budget shows $80,000. Mr. Greenwald asked about the No Parking signs on 1-35 frontage Il roads. Mr. Gilmore said he had talked wi th the Highway'~' Department about them and had been promised they would get to it. , ~ Mr. Greenwald asked the status of the striping machine. Mr./(1 rw Gilmore said it is still in the box. We have sent a letter t saying get this off our property or comply with the bid. l~ r ,t.2 Mr. Greenwald suggested discussing at next workshop, what ShOUld6~~ be our official newspaper. Mr. Greenwald said he assumed we would have the changes to the sign ordinance at the next workshop. .i ':,- recommended 4. () , /. / 1<) ()I,~ r- Mr. Baldwin suggested checking the Cibolo annexation into Bexar .,;': County. If they annexed into our ETJ and we don't do anything, a? :/?~ we lose it. We have to check into it before the close of "V ,~ legislation. Mayor Sawyer asked how Cibolo is annexing across property without owners permission. Mr. Friesenhahn did not give them permission. .I 126 ;iJ tt~~ " Mr. Baldwin said he had an agenda notice that the County Commissioners are meeting Thursday night at 7:00 p.m to discuss EMS. #10 ITEMS BY MAYOR: Mayor Sawyer said it looks like we are falling down on weed control. #11 ADJOURNMENT: Mayor Sawyer declared the meeting to be adjourned at 11:00 p.m. ATTEST: C .:.,;...... o o o