ccreg 04-05-1983
28
Mayor Sawyer advised the second public hearing on this proposed annexation
would be held at 7:00 P.M. at the Council Chambers.
He then declared this public
ATTEST:
REGULAR SESSION OF THE CITY COUNCIL
APRIL 5, 1983
The Schertz City Council convened in Regular Session, Tuesday, April 5, 1983,
at 7:00 P.M. in the Council Chambers, 1400 Live Oak Road, with the following
members present: Mayor Earl W. Sawyer, presiding; Charles B. Sharpe; Hal
Baldwin; Adolph Aguilar and Jacqueline Lawler. Staff present were City Mana-
ger Jimmy G. Gilmore and City Secretary June G. Krause.
Mayor Sawyer welcomed the citizens present and informed them the first item
to be taken care of was a public hearing to allow citizens to be heard on
the proposed annexation of 127.627 acres of land out of Guadalupe County.
He explained the City is required to hold two public hearings - one on the
site of the proposed annexation, which was held at 6:30 P.M. at the CCMA
building on Dietz Road - and this is the second required hearing. He then
asked if there were any citizens wishing to be heard on this issue. There
were approximately 25 citizens present; however, none of them wished to speak
for or against the annexation.
Mayor Sawyer declared the public hearing closed at 7:07 P.M.
The Mayor then opened the regular meeting.
#1 APPROVAL OF MINUTES: Mr. Sharpe asked that the minutes of the
Workshop Meeting of March 9, 1983 be
corrected to include the following as an addition to the first paragraph on
page 19 of the minutes book: "Mr. Sharpe suggested and it was the concensus
of the Council to include various city functions or sponsored activities
on the front side of the water bill. This would be done on a monthly basis
on a schedule as maintained by the city. Organizations or activities included
would be Fire Department, Library, SAFES, 4th of July Jubilee, Schertz Humane
Society, Police Department, etc. Each organization could provide the stamp
with the desired information and volunteers to stamp the bill within the
time set by the City. II
~ .' ,:;, .:./\,;;l,;"j
;-:.;;e>. ~
o
o
c
29
l.
Mr. Sharpe then moved the Workshop minutes of March 9, 1983, be approved as
corrected and the regular meeting minutes of March 15, 1983 be approved as
written. Mrs. Lawler seconded the motion, which carried with the following
vote:
AYES: Councilmembers Sharpe, Baldwin, Aguilar and Lawler
NAYS: None
#2 HEARING OF RESIDENTS: None
#3 RESOLUTION: Mayor Sawyer asked that this item be passed over
at this time and moved to the bottom of the agenda.
#4 RESOLUTION: The Mayor introduced and read the following captioned
resolution:
RESOLUTION NO. 83-R-T
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, ACCEPTING THE AUTOMATIC RATE INCREASE FROM ENTEX.
r
Mr. Aguilar moved th~resolution accepting the automatic rate increase from
Entex be approved. Mr. Sharpe seconded the motion.
Mr. Baldwin questioned the wording of the resolution in that it says that the
Council doesn't approve the increase but we accept it. Mr. Sharpe explained
that we have to accept it and we have to realize that there are some things
that we can't control without a full rate study.
The Mayor then called for a vote on the motion before Council, which motion
carried as follows:
AYES: Councilmembers Sharpe, Baldwin, Aguilar and Lawler.
NAYS: None
#3 RESOLUTION: Mayor Sawyer asked to go back to this item as the
Industrial Development Corporation had completed their
public hearing on this issue.
r
Mr. Gilmore said the IDC did meet, reviewed the request and does recommend
to the City Council tnat the resolution be approved.' I:
:1
Mr. Patterson of Fulbright and Jaworski out of Houston, gave a short description
of the project. The user is Southwest Precast, Inc. and the project will con-
sist of buildings and equipment to be used in the manufacturing of concrete
building components used in construction of commercial and industrial buildgins.
It will create about 35 jobs, with the capital costs being $2,375,000. The
bonds are payable quarterly in 40 installments beginning with January 1, 1984
and ending with October 1, 1993. The rate is 75% of the prime rate announced
by Allied Bank of Texas but not to be less that 8% per annum or to exceed 15%
per annum. The purchaser is Allied Bank of Texas and the guarantors are Phillips
Crane and Rigging of San Antonio, Inc. and Delmar Phillips.
30
Mayor Sawyer then read the caption of the resolution as follows:
RESOLUTION NO. 83-R-8
CERTIFICATE FOR RESOLUTION APPROVING RESOLUTION BY THE SCHERTZ INDUSTRIAL
DEVELOPMENT CORPORATION PROVIDING FOR THE ISSUANCE OF SCHERTZ INDUSTRIAL
DEVELOPMENT CORPORATION INDUSTRIAL DEVELOPMENT REVENUE BONDS (SOUTHWEST
PRECAST, INC. PROJECT) SERIES 1983.
c
Mr. Baldwin moved to accept the resolution approving the proposed issuance
and sale of the series of bonds to finance industrial development.
Mr. Aguilar seconded the motion, which carried with the following vote:
AYES: Councilmembers Sharpe, Baldwin, Aguilar and Lawler
NAYS: None
#5 ORDINANCE: Mayor Sawyer passed out the tally list and Council canvassed
the votes. They found an error in the Place 2 position and
corrected it to show that Hal Baldwin received 283 votes instead of the 288
as shown on the Tally List.
The Mayor read the ordinance, the caption of which follows:
ORDINANCE NO. 83-E-2
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY::OF SCHERTZ, TEXAS,
CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE CITY
OFFICER ELECTION HELD IN SAID CITY ON THE 2ND DAY OF APRIL, 1983,
AND DECLARING AN EMERGENCY.
o
Mr. Sharpe moved to accept the ordinance canvassing the returns and declar-
ing the results of the April 2, 1983 election. Mr. Baldwin seconded the
motion, which carried with the following vote:
AYES: Councilmembers Sharpe, Baldwin, Aguilar and Lawler
NAYS: None
#6 SWEARING-IN CEREMONIES: Mayor Sawyer first swore into office Mr.
Ross Hoover, Councilman Place 3 as a newly
elected councilmember. He then swore in the three returning Councilmembers;
Hal Baldwin, Place 2; Adolph Aguilar, Place 4 and Jackie Lawler, Place 5.
#7 MAYOR PRO-TEM: The Mayor explained that our charter requires that
Council name a Mayor Pro-Tem each year and that
a person cannot succeed himself.
Mrs. Lawler nominated Adolph Aguilar as the next Mayor Pro Tem. As there were
no further nominations, Mayor Sawyer called for a vote of the Council, which
carried unanimously as shown by the following vote:
AYES: Councilmembers Sharpe, Baldwin, Hoover, Aguilar and Lawler
NAYS: None
o
...,,,'MiIi :.',~;:.:,..t..:.:
..' ::-~>: ~' :.fu 4-"~ "i:.". .
31
r
l
#8 AUDIT: Mr. Ed Thorpe, representing the firm of Melick and Thorpe
first introduced Mr. Armstrong who had just joined their
firm and would be working with city staff in the future. He then presented
the audit, showing the three divisions: Introductory Section, Financial Section
and Statistical Section. The first section contains a letter of transmittal
giving a summary or narrative of the finances of the city and an organizational
chart. The second, the Financial Section, includes two renderings in which
the audit firm is required to do a review of the internal control and specific
tests of documentation on both the regular and revenue sharing statemects.
After g~vimgra narrative and slide presentation, Mr. Thorpe explained the
Certificate of Conformance. He said this has been an on-going goal of both
their firm and the city. It states that the City has high standards of
accountability and leads to better bond ratings. It is a great honor to a city
to achieve this Certificate and only 2 to 3% of the cities of our size ever
achieve this honor. He ended his presentation by saying both he and Mr. Melick
thank the Council for the opportunity to serve this city.
Mrs. Lawler moved to accept the audit for fiscal year ending September 30,
1982 as presented. Mr. Sharpe seconded the motion, which carried with the
following vote:
AYES: COUNCILMEMBERS Sharpe, Baldwin, Hoover, Aguilar and Lawler
NAYS: None
#9 RESOLUTION: Mayor Sawyer introduced a resolution and read the
caption as follows:
~
RESOLUTION NO. 83-R-8
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS,
SETTING TIMES, DATES AND PLACES FOR PUBLIC HEARINGS PURSUANT TO
THE PROPOSED ANNEXATION OF 265.96 ACRES OF LAND MORE OR LESS OUT
OF COMAL COUNTY.
Mr. Sawyer explained that the public hearings are one at 6:30 P.M. on
Tuesday, May 3, 1983 to be held on the southeast corner of the intersection
of the Missouri-Kansas-Texas railroad and F.M. 3009 and the second to be at
7:00 P.M. the same day in the Council Chambers. He had Mr. Gilmore point out
on the map the location of this proposed annexation.
Mr. Sharpe moved to accept the resolution setting the times, dates and places
for public hearings pursuant to the proposed annexation of 265.96 acres out
of Comal County. Mrs. Lawler seconded the motion, which carried as follows:
AYES: COUNCILMEMBERS Sharpe, Baldwin, Hoover, Aguilar and Lawler
NAYS: None
~
I I
~ '
#10 BAD DEBT CHARGE-OFF: Mr. Baldwin stated the current list is longer
than when he used to do it for the City. He
said he just didn't understand how so many people move off without paying their
bills. Mr. Gilmore tried to explain the delay of about two months before
we can by law turn-off water for nonpayment, and then another month is well
on the way to being due.
Mayor Sawyer said that even though we charge these off, we still pursue
collection. Mr. Baldwin asked that at the next workshop Council review
procedures for collection.
~2
Mr. Baldwin moved to charge-off the water and sewer bad debts through
January 7, 1983, in the amount of $605.38 Mr. Aguilar seconded the
motion, which carried with the following vote:
AYES: COUNCILMEMBERS Sharpe, Baldwin, Hoover, Aguilar and Lawler
NAYS: None
o
#11 EXECUTIVE SESSION: None necessary
#12 CITY MANAGER'S REPORT: Mr. Gilmore advised that developers are
still daily requesting information on
various types of development. The developers of Horseshoe Oaks hope to
have 25 units completed by December and another will be going before the
P&Z asking for zoning for apartments or condos.
He also advised that we have an outbreak of parvo in the Animal Shelter and
in the city. Since this affects animals drastically, they are giving shots
to strays and owned animals. Upon adoption, the people pay the impoundment
fee and $5 for the shot. Dr. Harborth has reported quite a number of pets
that have parvo.
#13 ITEMS BY COUNCIL: Mr. Baldwin said he was approached by Mr. Jones
at the Enco Station, wondering if there is any=
thing the city can do to get the Broadnax house next to him condemned.
Mr. Gilmore said he has staff working on it right now - this house plus
another one.
Mr. Baldwin also asked the status of grants with Dr. Leary. Mr. Gilmore 0
said that Dr. Leary now has the backup data to start writing grants,
mainly through the jobs bill. He has been talking to developers attempting
to get them to take advantage of our industrial bonds.
Mr. Baldwin also asked if the City Manager was letting developers know about
the bonds when he is approached and was assured they are being informed.
Mr. Aguilar asked about grants for libraries and was told by Mr. Gilmore
that Dr. Leary had been asked to check on them.
Mr. Aguilar also asked if the speed of trains could be spot checked as they
seem to be using excessive speed.
Mrs. Lawler welcomed Mr. Hoover as a new councilmember.
#14 ITEMS BY MAYOR: Mayor Sawyer reminded Council they had agreed to
send a letter to the Humane Society regarding
the excessive length of keeping animals in the shelter. He read the letter
and received concurrence from Council to forward it to the Board.
Mr. Sawyer said he was happy with the way the election turned out; that he
has enjoyed working with this Council and looked forward to working with Mr.
Hoover.
o
~
33
~
#15 ADJOURNMENT: On a motion by Mr. Sharpe, seconded by Mr. Baldwin
and unanimously carried, the meeting was declared
adjourned at 8:23 P.M.
ATTEST:
SPECIAL MEETING OF THE CITY COUNCIL:
APRIL 13, 1983
I
I
t
The Schertz City Council convened in Special Workshop Session, Wednesday,
April 13, 1983, at 7:00 P.M. in the Conference Room of the Municipal Complex,
1400 Live Oak Road with the following members present: Mayor Earl W. Sawyer
presiding; Charles B. Sharpe; Hal Baldwin; Ross Hoover; Adolph Aguilar; and
Jacqueline Lawler. Staff were City Manager Jimmy G. Gilmore and City Secre-
tary June G. Krause
Mayor Sawyer welcomed everyone to the meeting and acknowledged Mr. Warren
Keller and Liz Mueller of the Schertz Humane Society, who wished to speak
with Council.
Mr. Keller said he had just received a letter from the City concerning chang-
ing the length of time an animal was kept at the shelter to sixty days. He
asked why this change was suggested. Mayor Sawyer said this letter was sent
with the concurrence of Council, becausenn~one would make the decision as to
when to euthanize animals. Mr. Keller said that when he was called on a
specific animal, he had never refused. He asked that Council reconsider
the letter contents.
Council then discussed at length the operations of the animal shelter. Items
b~ought(outwere the need for rearranging the hours of the workers so that
at least one would be available on weekends to adopt out animals as well as
clean and feed them. They also discussed whether or not tickets were issued
for animals running at 'large; the need for better communications between the
Humane Society and City. Mr. Keller outlined what the Humane Society pays
for and does for the animals.
~
Mayor Sawyer said there was a need for one of the Council to act as a lia1son
between Council and the Humane Society. He asked Mr. Hoover to serve in
this capacity. The Mayor also asked for written operational guidelines