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10-02-1984 /t~ ,.....- REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2 , 1984 The Schertz City Council convened in Regular Session, Tuesday, October 10, 1984, at 7: 00 p.m. in the Council Chambers of the Municipal Complex, 1400 Live Oak Road. The following members were present: Mayor Earl W. Sawyer, presiding; Charles B. Sharpe; Hal Baldwin; Ross Hoover; Adolph Aguilar and Ken Greenwald. Staff were City Manager Jimmy G. Gilmore and City . Secretary June G. Krause. After welcoming everyone to the meeting, Mayor Sawyer presented a Certificate of Appreciation to Mr. Fritz Rusch, Fire Marshal, on behalf of the Industrial Cooperative Training and Auto Paint and Body students of Samuel Clemens High School. Mr. Rusch had given a presentation on fire safety and what to do in the event of a fire. #1 APPROVAL OF MINUTES: Mr. Baldwin moved to accept the minutes of the Regular Meeting of September 4, the Special Meeting of September 12 and the Regular Meeting of September 18, 1984. Mr. Greenwald seconded the motion, which carried as follows: r- AYES: Councilmen Sharpe, Baldwin, Hoover, Aguilar and Greenwald. NAYS: None .2 HEARING OF RESIDENTS: Mayor Sawyer said Council had asked Mr. Gordon Armstrong to explain 'in lieu of taxes'. First Mayor Sawyer thanked Mr. Armstrong and his firm for helping the City to receive a Certificate of Conformance in financial reporting from the Government Finance Officers Association of the United States and Canada. This Certificate of Conformance is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. Mr. Armstrong stated that this award puts the City of Schertz in the top 1% of all cities in the nation and we should be proud of Mr. Gilmore and his staff. r-- Mr. Armstrong explained that the 'payment in lieu of taxes' is recognized accounting used by governmental accountants. Some governmental entities call it administrative services, etc.; but it all amounts to the same thing. For instance in San Antonio's financial report, the electric and gas is 37% of their budget and 11 1/2% goes to the general fund. Mr. Armstrong explained to Council how his firm arrived at the amount of transfer. There are several indirect costs that are borne by general fund that water/sewer should partially pay because they benefit from these. Some of these charges have some relationship to water and sewer ~ 46 but are not taken from water and sewer. Mr. Armstrong said he felt the way Schertz is doing this is much the best way rather 0 than dividing salaries (such as the City Manager, bookkeeper, I etc.) and benefits between the two funds. 13 ORDINANCE: Mayor Sawyer introduced and ordinance and read the caption as follows: ORDINANCE NO. 84-F-21 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AMENDING ORDINANCE-NO. 83- F-7, SECTION XXIX - WATER RATES ESTABLISHED, AS SET OUT IN EXHIBIT 4, AND REPEALING ALL ORDINANCES IN CONFLICT. Mr. Sharpe moved to approve on final consideration an ordinance establishing water rates. Mr. Aguilar seconded the motion. Mr. Baldwin said that again he had one question about the legality of transferring from the water and sewer fund to the general fund. We do it every year but again, it seems to me that transferring is a good way to avoid raising taxes. He said he was not particularly distressed by the ten cent increase if it was needed for water/sewer; but it is because we can transfer in lieu of taxes. Mayor Sawyer then called for a vote on the motion and the motion 0' carried as followed: AYES: Councilmen Sharpe, Aguilar and Greenwald NAYS: Councilmen Baldwin and Hoover 14 ORDINANCE: Mayor Sawyer introduced an ordinance and read the caption as follows: ORDINANCE NO. 84-D-20 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 REVISING SECTIONS 18-32 STOP OF SAID CODE; AND DECLARING AN EMERGENCY. Mr. Greenwald moved to approve as an emergency measure an ordinance amending Section 18-32 of the Code of Ordinances. Mr. Baldwin seconded the motion, which carried as follows: AYES: Councilmen Sharpe, Baldwin, Hoover, Aguilar and Greenwald. NAYS: None IS ORDINANCE: The Mayor introduced and read the caption 0 on an ordinance as follows: .l;i /11,..." L:l- I r- AN ORDINANCE PROVIDING FOR THE EXTENSION OF THE BOUNDARY LINES OF THE CITY OF SCHERTZ, TEXAS, BY THE ANNEXATION OF A TRACT OF LAND CONTAINING 850 . 53 ACRES OF LAND MORE OR LESS, OUT OF GUADALUPE COUNTY. Mr. Aguilar moved to approve the first reading of an ordinance on the proposed annexation of 850.53 acres of land out of Guadalupe County. Mr. Greenwald seconded the motion, which carried as follows: AYES: Councilmen Sharpe, Baldwin, Hoover, Aguilar and Greenwald. NAYS: None #6 ORDINANCE: Mayor Sawyer introduced and ordinance and read the caption as follows: AN ORDINANCE ,.-- BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, ESTABLISHING CAPITAL RECOVERY FEES FOR WATER SERVICE, FOR ALL NEW CONSTRUCTION IN THE CITY'S WATER SERVICE AREA; DESIGNATING USAGE FOR SUCH FEES AND ESTABLISHING AN EFFECTIVE DATE. Mr. Greenwald moved to approve the first reading., of an ordinance establishing a Capital Recovery Fee. Mr. Sharpe seconded the motion, which carried with the following vote: AYES: Councilmen Sharpe, Baldwin, Hoover, Aguilar and Greenwald. NAYS: None #7 SAFES: Consideration of approval of SAFES write-off charges. Mr. Aguilar moved to approve the SAFES write-off charges in the amount of $8089.30. Mr. Baldwin seconded the motion which carried as follows: AYES: Councilmen Sharpe, Baldwin, Hoover, Aguilar and Greenwald NAYS: None #8 ZONING CHANGES: A. #61 - specific use permit for Mr. Dishong. Mr. Greenwald moved to approve Zoning Change No. 61 for a Specific Use Permit for Mr. Dishong to place a satellite T.V. \ "'-- 48 \ I reception dish in his rear yard. Mr. Sharpe seconded the motion, which carried as follows: o AYES: Councilmen Sharpe, Baldwin, Hoover, Aguilar and Greenwald. NAYS: None B. Consideration of ZC '63. Mr. Sharpe moved to approve Zoning Change .63 - amending the Zoning Ordinance by adding a definition of satellite television signal receiving dis:hes.Mr. Greenwald seconded the motion which carried with the following vote: AYES: Councilmen Sharpe, Baldwin, Hoover, Aguilar and Greenwald. NAYS: None .9 CONTRACT: Mr. Sharpe moved to approve the contract with the Greater Randolph Area Chamber of Commerce for services, in the amount .of $585.00. Mr. Aguilar seconded the motion, which carried as follows: AYES: Councilmen Sharpe, Baldwin, Hoover, Aguilar and Greenwald. NAYS: None .10 WATER SERVICE CONTRACT: Mayor Sawyer introduced a water service contract between the cities of Schertz and Cibolo, as drawn by the City Attorney. o Mr. Greenwald moved to approve the amendment to the Water Service Contract with the City of Cibolo. Mr. Hoover seconded the motion which carried with the following vote: AYES: Councilmen Sharpe, Baldwin, Hoover, Aguilar and Greenwald. NAYS: None Mayor Sawyer then read a letter he proposed sending Mayor Little of Cibolo along with the contract, asking them to return a signed copy of the contract to Schertz by November 2, 1984. On being questioned by Council, Attorney Harris said is was not really legal to say -if not returned in so many days, it will be in effect'. ill EXECUTIVE SESSION: None was needed. i12 CITY MANAGER'S REPORT: A. The repair work on Lindberg should be completed and hole filled in by Thursday or Friday. B. Have invited Mr. Anderlitch to the next workshop to discuss bonds for street improvements. o 4f'~ ,r-- C. The contractor who is doing the 18" line and boring under 135 is attempting to complet the contract. #13 ITEMS BY COUNCIL: ,..-- A. Mr. Greenwald - apparently the police stopping cars at the Smokepit alleviated running of that red light but now the people have moved to FM 3009. Perhaps the police should alternate between the two places. B. Mr. Aguilar - the Fr iends of the Library will be holding their organization meeting Tuesday at 7:00 p.m. C. Mr. Baldwin - (1) he noticed in the CofC newsletter a reference to a Shoe factory on 135. Mr. Gilmore said that is the San Antonio Shoe Company building between Garden Ridge Pottery and SA Machine a retail store, log cabin style, not manufacturing. (2) tickets for the Clemens/New Braunfels football game are available at the Administrative offices. D. Mr. Sharpe - (1) the scheduled meeting with Greenvalley was canceled so nothing to report. (2) Starting this week and continuing through early November, we will be contacting businesses out here in Guadalupe County for the United Way. (3) Congratulations to Mr. Aguilar for being voted Vice-President of the TML Reguion 7. #14 ITEMS BY MAYOR: Mr. Sawyer announced a Greater Austin- San Antonio Corr idor Council Transportation Tast Force Meeting for Friday, October 5, at 9:30 a.m. in Austin. He asked Mr. Aguilar to go as he would be unable to attend. #15 ADJOURNMENT: Mr. Sharpe moved the meeting be adjourned at 7:34 P.M., which motion was duly seconded and unanimously carried. ~~ Mayor, City of ATTEST: ecretary, City of Schertz ,.--. ~