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SPECIAL MEETING OF THE CITY COUNCIL
AUGUST 12, 1992
The Schertz city Council convened in Special Workshop
meeting on Wednesday, August 12, 1992 at 7:00 p.m. in the
Conference Room of the Municipal complex, 1400 Schertz
Parkway, Schertz, Texas. The following members were
present: Mayor Earl W. Sawyer, presiding; Joe Potempa;
Barbara Stanhope; Mary Marsh and Ken Greenwald. Absent:
Hal Baldwin. Staff present were city Manager Kerry Sweatt
and City Secretary June Krause.
#1 HEARING OF RESIDENTS: Bill Neller: A. Asked if a
message could be put on the board out front of the Municipal
Building concerning the reasons for the flags being
displayed on Main Street.
B. He mentioned that there are two trees on Main Street
that need trimming.
C. He asked what was happening on Exchange Avenue. He had
noticed three cones that had been there for some time with
no activity. John Bierschwale said they are cable locators
for Southwestern Bell Telephone Company.
#2 Discussion of an appeal by Elaine Showalter of the
Capital Recovery/Impact Fee for water service.
Mrs. Showalter said she was familiar with capital recovery
fees as she had paid some back in 1985 at another location.
She later moved to 5206 Cabana Drive, where she bought two
lots. She said all utilities were there - electric, septic
tank and water connections. There is a double water
connection serving the two lots; and even though the
capital recovery fees had not been paid on the second lot,
she felt since they were family owned, she should not have
to pay. She also asked if she could put both lots under one
connection and name.
Mr. Sweatt referred to letters received from Mrs.
Showalter and his reply back in July, in which he explained
what the capital recovery fee is designed to do. This
included the definition of a new account and this connection
does constitute a new account under the ordinance. Her
contention is that since there is a "bullhead" type
connection existing at that location, she should not have to
pay. The one at 5202 Cabana is a new service under the
terms and definition of the ordinance. Mr. Sweatt advised
that we often encourage the installation of a tap when a new
line is being constructed, even when no meter is set, in
order to save repair cost when connection is requested.
Mrs. Marsh mentioned that a mobile home was just moved in
on the second lot.
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Mrs. Showalter asked if it would be possible to have the
two lots on one meter. Mr. Sweatt advised that would be
against the ordinance. He added that the capital recover
fee concept is to upgrade the system.
Mrs. Marsh asked if this was the only new mobile home moved
in since the ordinance. Mr. Sweatt explained that if one
was replaced, that did not necessitate a new service - once
the capital recovery fees are paid, it is never charged
again.
Mayor Sawyer reiterated that Mrs.
new meter without paying the fee.
felt about that.
Showalter is asking for a
He then asked how Council
Mrs. Marsh asked if Mrs. Showalter had checked on this
before moving in the second mobile home and was told no,
they just assumed, since there was a dual box, that it was
okay.
Mrs. Marsh said it was unfortunate this was not checked out
but she personally did not see anything that could be done
about it other than to not require full payment at one time
and let her pay it out. Mrs. Marsh added that if we allow
this for Mrs. Showalter, then there is nothing to keep
someone else from coming in and asking the same thing.
Mr. Potempa said he would like to waiver the fee.
Mrs.
would
this
allow
Stanhope said that if we waivered the fee, then
have to do it evertime someone asked for an appeal
nature. She did not see any loop holes, other than
her to pay so much a month.
we
of
to
Mr. Greenwald said the Senate bill has set up the
Recovery program to have some money to upgrade the
and we should not start granting waivers.
Capital
system;
Mayor Sawyer told Mrs. Showalter the concenses of
is that no waiver would be granted.
Council
#3 Discussion of the final consideration of the
ordinance regulating convenience store security.
Mr. Sweatt reminded Council that at the last workshop, they
heard from a number of convenience store representatives
asking that Council not pass it on final consideration but
to give it more review. He said since that time we have
received communication pro and conj and have replied to at
least one individual who had commended us on the adoption of
the ordinance. We also heard from one convenience store
chain that reiterated their support of the ordinance.
Mr. Potempa introduced Mrs. Carrie Willborn, who had
preViously written to Council approving this ordinance.
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Mrs. Willborn first thanked Council for allowing her to
speak to them. She said she was speaking from the heart as
a police officer's wife, a police officer's mother, a
representative of the San Antonio Police Wives Auxiliary, a
homemaker, a mother of six, grandmother of five, property
owner and tax payer of the City of Schertz, a concerned
citizen and a consumer. She said she did not want to become
a statistic, nor any of her family. She said Council was to
be lauded for passing an ordinance to get video cameras in
stores open at night. She went on to say that when a person
is injured or killed for financial gain in the robbery of a
convenience store, not only the injured party is affected -
there is a ripple effect that reaches out. She explained
some of the trauma involved in this type event. She said a
representative of the National Convenience Stores, Inc.
back in April 1992 when Malissa Morales was butchered at a
local convenience store, stated the cameras would not have
saved her life. She said with the help of two Senators and
a San Antonio Councilman, she was able to get Stop N Go to
install 25 cameras in high crimes areas in San Antonio. She
said in July of this year at one of the stores where the
camera was installed, a would be robber shot and wounded an
employee and was caught on camera, recognized and turned in.
She said that the day before the National Convenience
Stores, Inc. came to San Antonio again and said there would
be 25 more video cameras installed in and around San Antonio
with eventually all stores owned by them will have
cameras. She added that since April, when they said the
cameras would not work, until August 1992, they have corne
around full circle. She then thanked Council for their
efforts and foresightedness.
Mayor Sawyer asked Council what changes, if any, they would
like to make to the ordinance.
Mr. Sweatt said he had received one letter from an attorney
for Lone Star Ice and Food Stores commenting regarding the
matter but he did not receive any comments regarding the
ordinance other that this letter that said not to pass the
ordinance.
Mrs. Marsh said she was not opposed to the ordinance at
all. Her personal feelings from what she has heard and read
and the opinion of our own Chief of Police, who attended
seminars and is widely read, that it helps to some degree.
She questioned if we are asking too much - such as the
special safe and special lighting. She said that is why she
went along with the suggestion of our Chief of Police for an
Advisory Council. She ended by saying she is for the
ordinance and for the cameras; but we should not go too far
too soon. She suggested requiring cameras now and and
recommended an Advisory Council.
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Mr. Potempa said he is for the ordinance and is also for
the cameras, realizing they may not be a deterrent but that
may slow them up and help apprehend criminals. He suggested
working to get the State and Federal laws changed so that we
could keep the criminals locked up.
Mrs. Stanhope said she was for the ordinance; but
suggested there were certain things Council was going to
look at - such as the short time given for training. There
were also questions raised of the real merit of the alarm
system. She asked Chief Agee his opinion of the silent
alarms.
Chief Agee said he did not necessarily think it a very
strong argument that they might create more violence. With
the alarm, the police are able to develop procedures to
approach the stores that would maximize the safety of both
the clerks and any customers. He reminded that the banks
have alarms and have had for a long time. He said he was in
favor of the alarm system because it gives the police some
advance notice so they can make an approach with a plan they
already have in place.
Mrs. Stanhope asked if there was a time frame to get all of
these things implemented. Mr. Sweatt said it was 180 days.
Mrs. Stanhope said this would be reasonable for new stores
corning in but there is a need to give the established stores
more time to accomplish all of this.
Mr. Greenwald said one of the convenience store
representatives said the silent alarm systems might tend to
give the employee a false sense of security; but he felt it
does work. Mr. Greenwald said the camera is mandatory and
did not have any problem with the six months time frame for
implementation. He suggested giving some guideline for the
outside lighting. He said he felt six months was sufficient
time to get the camera in place; but perhaps could extend
the time for some of the other things required - such as one
year to eighteen months for the alarm system.
Charles Landers, Lone Star Ice and Food Stores, said they
are opposed to the ordinance; but are not against safety.
They fell they have many safety measures in all their
stores; but they are concerned about the ordinance
advertising to the criminal element what the store would
have in Schertz. He asked how they would secure the tapes -
if they are out, the criminal would take them and if locked
up, he would pull a gun to get the tape. He felt there was
a lot of things to be considered. He liked the idea of the
Advisory Council to work on the problem to corne up with
solutions.
Bob
said
years.
Davis, President of the Lone Star Ice and Food Stores,
he had been in the convenience store business for 28
He said he was the one who designed and helped get
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manufactured the type of safe described in the ordinance.
which he felt only profitable for twenty-four hour a day
stores. As for cameras, he did not disagree with them but
they do not believe in advertising. He said he was present
to ask Council not to hurt their employees. He said they
are gradually putting cameras in all their stores; but they
will not stop criminals, they are to catch them.
The grandmother of the girl who was stabbed 47 times in a
convenience store robbery, where they had no camera,
commended the Council for their foresight in approving a
convenience store security ordinance. She pleaded for
Council to make it mandatory for these stores to have
cameras at the very least.
Mayor Sawyer said that, from Council comments, he feels they
would like to see an ordinance with cameras and the Advisory
Board creation. He said he was not in favor of the safes.
He said he felt the cameras would do a lot a good to help
take some of the criminals off the street. Mayor Sawyer
said he would like to see a member of the City Council on
the Board to monitor progress.
Mayor Sawyer mentioned a letter he had received from the
President of Savannah Square, saying our officers arrived at
a crime scene two to three minutes after they called 9-1-1,
so our officers are getting there very quickly. These are
some of the good things our officers do.
Mayor Sawyer then asked the City Manager to
suggested changes in the ordinance and bring it
consideration at the next workshop in two weeks.
make
back
the
for
Mr. Potempa said he would like to be the Council member on
the Advisory Board.
Mayor Sawyer then called a short recess at 8:00 p.m.
The Special Meeting was reconvened at 8:04 p.m.
#4 Discussion of the animal shelter bids and plans.
Mr. Sweatt reminded Council this is a long term project and
that we rejected the original bids, made some changes and
went out for bids again. These bids were received on July
7th from Crouch Construction in the amount of $183,211 and
Wunderlich Builders in the amount of $194,023. We tried to
decide what went wrong between our plans and estimates of
cost and the bids. We received a lot of comments and
suggestions as to ways we might reduce the cost. The bottom
line is that we need to change the building. John
Bierschwale has been working with some other contractors and
has solicited their opinions so we now have two
recommendations. One is that you reject the two bids that
were received on July 7th at our next meeting. The second
is that Council authorize staff to readvertise the work on a
258
basis as the City serving as a general contractor and
soliciting bids on various subcontract arrangements. We
could solicit bids on the slab, the building, the interior
work, hollow tile work, air conditioning, electric work,
plumbing work, paving work and fencing. We believe then we
can bring the job in much closer to our construction
estimates. Mr. Sweatt then showed Council the revised
floor plans, which showed very little change but would make
it a much simpler and more functional building.
As requested by
sub-contracting
contractor. Mr.
the contractors
resources.
Council, Mr. Sweatt explained how the
would work with us being the general
Bierschwale has done a lot of work with
and we believe we will be within our
Council was willing to press forward with this project.
#5 Discussion of E 9-1-1 operating budget for 1993.
Mr. Sweatt said that under the terms of our agreement with
E 9-1-1, they ask that each government body take action on
their budget. We do not contribute to this budget, as funds
are derived from taxing each customer.
Mr. Sweatt also advised that we do get some returns from E
9-1-1 in the form of minitors and educational seminars.
#6
M.L_ and
allowing
the lot
building.
Discussion of setting a BOA hearing on a request by
Dorothy Coons, 2800 Hidden Grove, for an exception
them to encroach into the easement at the back of
and into the required setback from the main
Mayor Sawyer referred to the letter from Planning & Zoning
Commission recommending denial of the request.
Mrs. Krause advised the first date we could meet all the
advertising dates would be September 1st.
#7 CITY MANAGER'S REPORT: A. We expect the State
contractor to be working on Doerr Lane project about the
17th of this month. This is an Urban Systems project that
has been a long time coming. They will be Widening and
making drainage improvements from Associates Drive to the
railroad.
B. You may have notice we are having street paint problems
again this year. The paint company representatives assured
us this was the right paint and it is blistering, even
though it was suppose to be extremely wear resistant. They
have agreed to take back all the paint and equipment and
resupply some more that is supposed to be better weather
type paint.
C. He distributed a draft of a letter to Commissioners
Court. We have been notified by the Community Development
Block Grant Division of Bexar County that none of our
proposed CDBG projects are eligible for one reason or
another, which he felt the reasons were not well thought
out. The only project that is going to Commissioner's Court
with a recommendation for approval is the Rittimann Addition
sewer project, and of course this is not a City of Schertz
project but one of Bexar County's. We were assured that by
us casting our lot in the Urban County designation that we
would be given at least equal consideration for any project
in the City, regardless of County. We call this problem to
the attention of Congressman because the HUD regulations are
quite stringent about what is called "split" places. We
think we are being treated quite badly by this. Being cast
with Bexar County we are no longer eligible to compete in
the statewide non entitlement city basis. He asked that
Council take a look at the draft letter and give him any
comments they might have.
Mrs. Marsh felt this was a great letter and asked who
would receive copies.
all
Mr. Sweatt said all members of Commissioner's Court.
the congressional district and just everyone.
HUD,
#8 ITEMS BY COUNCIL: Mrs. Stanhope said she
received numerous calls about the security ordinance
everyone was all for it.
had
and
Mr. Greenwald advised that the Christmas Decorating
Committee met to get started on this year's activities. He
requested that anyone that would volunteer for the
committee, make donations or volunteer for the judging to
contact either him or Steve Simonson.
#9 ITEMS BY MAYOR: None
#10 BUDGET WORKSHOP: Mayor Sawyer reminded Council we
left off at the Park Department budget.
Mr. Sweatt had a couple of housekeeping items first. He
called attention to the memo on dispatcher clothing
allowance. He also had correction pages but it might be
easier to make pen or pencil correction as we go through the
budget. He referred to the Tax Department on page 25, where
the total did not compute. There was a line item left out
for Worker's Compensation, in the amount of $232.05 and the
FICA and overtime numbers were switched around. The total
is now correct.
260
He said in the fire service we have proposed a
reclassification on two positions going from fire fighter to
lieutenant. This does not change the number of paid
employees in the department but changes the service grade
from a 10 to an 11. We have also recommended increasing the
part-time position in the Finance Department two additional
hours per day.
Municipal Building - $108,470.40
This is
reduction
have moved
departments.
a decrease from that budgeted last year, with the
in the contractual services. This is where we
the telephone service throughout the various
Mr. Potempa asked about operating supplies. Mr. Sweatt
advised this was for cleaning supplies, light bulbs, tissue
papers, replacement of ceiling tiles, paper towels, various
material for custodial services for all bUildings.
Mrs. Marsh asked about the Repair/Maintenance line item.
Mr. Sweatt said this is for air filters, fire alarms,
generator repair. The next item is that departments' share
of the computer maintenance.
Animal Control - $79,096.80
Mr. Sweatt
Contractual
professional
collect that
explained that the Medical Services under
was for the veterinarian services and other
services for that portion of the fees we
go back to the Humane Society.
The Uniform and laundry item is to replace uniforms and
purchase jackets. Last year we went to partly purchased
uniforms and now they will do their own laundry.
Swimming Pool - $70,142.87
Mr. Sweatt said the capital outlay is to relocate the
concession stand to the west side, where there will be a
pass-through window. They will also be selling some of our
novelty items at the concession stand. We will have a place
for the first aid station where the concession stand is now.
We will add 15 new sun benches and construct a sun shade
over the picnic area and build four new tables.
Mrs. Stanhope mentioned that at one time, there was a
request to cut the operating hours. Mr. Sweatt said we now
think that much of the time, we could close much earlier and
we will be looking into that.
Administration - $99,048.75
Mrs. Marsh asked about the increase in
conference/travel/training item. Mr. Sweatt said this
increase is to allow the Office Manager to attend several
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data processing training programs. Also as discussed
earlier, the new Deputy city Secretary will need to attend
seminars leading toward certification.
Library - $107,853.51
Mrs. Stanhope asked what amount of funds would we get from
the county this year. Mr. Sweatt advised that would be
$47,895. He said we have proposed the addition of one
part-time person to assist in their circulation program.
Economic Development Task Force - $40,603.80
Mr. Potempa asked what Other Professinal Services was for
and was told it was cost of engineering for mapping
brochure. Also the contingencies is for prospect support.
Non-Departmental - $291,705
This department covers the audit, newsletter, the
anticipated rate increase for insurance and debt service and
lease payments. He then explained that the contingency item
was strictly that just a contingency for unforeseen
circumstances.
Water/Wastewater Department - Revenues, $1,935,861.
Mrs. Marsh asked about the sale of water amount. Mr.
Sweatt said that though not included in the budget, we have
a pretty healthy estimate of increase in budget. But not
included in this budget is a recommended rate increase for
both water and waste water service. With this budget, we
will be at a point where our operating revenue is so close
to our operating income, it will start reducing our net
available coverage. We need to be paying close attention to
that and we will be recommending not only a rate increase
but an increase that establishes an inverted rate structure.
much as the State Water Commission has instructed us to do
as part of the Edward's program. We also have to find
another water supply.
Water/Wastewater Expenditures - $1,863,437.35
Mr. Sweatt explained the salary item increase includes the
5% increase plUS the two-steps and our increased longevity.
The motor vehicle item is for the purchase of three trucks,
we will be replacing the '84 Ford mustang with a half ton
pickUp, replace the meter reader vehicle, which is a '85
vehicle and to replace the supervisor '82 vehicle. This
truck will go over to Animal control as discussed earlier.
262
Water/wastewater Billing - $72,027.35
Mrs. Marsh asked about the increase in postage - which is
the result of mailing more delinquent notices. She also
questioned the Other Professional Services - this is the
share of computer program fees. The Printing & Binding
amount covers the printing of water bills, delinquent
mailers and door stickers. The Office Equipment, under
Capital Outlay is part of the data processing equipment to
back up all of our utility billing files.
There were no further questions on this department.
#11 ADJOURNMENT: Mayor Sawyer declared the meeting to
be adjourned at 9:49 pm.
ATTEST: