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ccswks 02-27-1991 A ~ /~ c:- 1 O~~) SPECIAL MEETING OF THE CITY COUNCIL FEBRUARY 27. 1991 The Schertz City Council convened in Special Workshop Session, Wednesday, February 28, 1991 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: Mr. Ed Mazian requested someone look at the manhole covers in Deer Haven as they are not bolted down as they were originally. He also asked for something to be done about the roads in that subdivision. Mr. Sweatt said he would look into it. #2 Discussion with Randolph Metrocom Chamber of Commerce representatives regarding update of activities. Mr. Sweatt advised that the Director was unable to attend this meeting and had asked for it to be postponed until a later date. #3 Discussion of a BOA request from Vaughan Homes on behalf of Bob Pond at 3013 Bent Tree Drive, for permission to encroach 8' into a 16' rear utility easement to construct a swimming pool. Mayor Sawyer called attention to the Planning & Zoning Commission recommendation of approval of this request with two contingencies: (1) a statement be included in the approval stating the property behind Mr. Pond is in the 100 year floodplain; and (2) a statement be included stating "The City of Schertz must insist that any contractors or sub-contractors. any mortgage holders, any title companies, the present owners and any future owners save and hold the City of Schertz harmless for any damages to the swimming pool and pool deck, any part of the swimming pool and pool deck or any other appurtenance thereto that might be occasioned by any placements, repairs or maintenance of any utility within the easement." Mr. Sweatt advised that a Board of Adjustment hearing has been scheduled for March 5th on this request. Mr. Greenwald said that the whole area behind this house, being in the 100 year floodplain, was virtually useless and would remain open. Mr. Sweatt said that Paragon Cable and the telephone company are both in the back part of the easement that would be left and have indicated they have no objections. Letters have been sent to owners within 300 feet and only one person has called and they are in favor of this request. ^ \ 164 # 4 Discussion of P&Z recommendation to amend the zoning ordinance and sign ordinance regarding political signs. Mr. Sweatt said the need is to codify and standardize what the present practice has been. The recommendations are basically two things: (1) to take all reference to political signs out of the two overlay district ordinances where political signs are prohibited; and (2) amend the sign ordinance to include provisions for political signs in all districts including residential. Also to clarify that political signs would be displayed no more than 120 days prior to the election and must be removed within ten days after the election. There being no objections, Mayor Sawyer asked that this item be on the next agenda. #5 Discussion of bid award on a one-ton cab and chassis truck for the Fire Department. Mr. Sweatt advised that only two bids were received and the Fire Department Board is recommending the bid be awarded to the low bidder - Bluebonnet Motors, in the amount of $15,775.50, with the addition of the 100 amp alternator to replace the 75 amp al ternator that is standard on the vehicle, in the additional amount of $281.12 - for a total bid of $16,056.62. The Board proposes to enter into a purchase agreement loan with the Schertz Bank. In addition to this amount, the Schertz Volunteer Fire Department intends to spend approximatel y $15,000 on pump and tank that will be a part of this equipment, which is used as a brush truck. Mayor Sawyer said he has signed to guarantee the loan in the past and has never had to payoff one loan. With Council approval, he asked that this be on the next agenda. #6 Discussion of bids for E.M.S. vehicle and equipment. Mr. Sweatt said received and were time. the SAFES Board is not ready to make still reviewing the a recommendation at bids this #7 Discussion of final consideration of an ordinance amending the garage sale ordinance. There being no further questions, this item will be on the next agenda. At this time, Mayor Sawyer asked to go to the Executive Session item. #10 EXECUTIVE SESSION: Mayor Sawyer called an executive session at 7: 14 p. m. under Article 6252-17 of Vernon I s Texas Civil Statutes, Section 2 (e) to consult with the City's attorney with respect to pending Schertz-Garden Ridge litigation. / / 11 If" ;"':, A\{)"~; The Special Session was reconvened at approximately 7:56 p.m. #11 Consider and take action, if any, on the above executive session. Mrs. Marsh ~~ve~ to authorize Mike Spain, our legal consultant, to continue negotiations relative to the Garden Ridge land dispute. The motion was duly seconded and carried as follows: AYES: NAYS: Councilmembers Potempa, Stanhope, Marsh and Greenwald None #8 Discussion of Personnel Policy relating to drug testing/drug abuse matters. Mr. Sweatt advised that as a fundamental policy premise, he was opposed to blanket drug testing. He went on to say that he believed City employees are adults and deserve to be treated with respect and dignity. In 1 ieu of drug testing, he said he believed that an expanded drug abuse policy would not only be less complex but would present certain advantages such as (1) he does not see a problem among City employees relative to illegal drugs and alcohol abuse, but it is a concern; (2) even if the creation of a carefully prepared legal document on drug testing is workable, given the constitutional issues involved, he does not bel ieve we would be immune to 1 i tigation; (3) the cost and possible administrative morass may be out of proportion to the problem and (4) perceptions on the part of employees may be negative. He suggested wording of a drug abuse policy could be "Drug and alcohol abuse will not be tolerated while in the employment of the City of Schertz. Drug testing will not be conducted randomly or otherwise unless a suspicion exists that such abuse has occurred and if the individual consents to such testing. Refusal to consent will be grounds for dismissal". Mr. Sweatt then referred to his memo, which clearly outlined the steps needed to implement such a policy. Mrs. Marsh said it was very strong verbiage but she did agree with this rather than testing. Mr. Potempa asked if we have a drug or alcohol abuse problem with any City employees. Mr. Sweatt advised that we do not. Mr. Sweatt said we do now have a policy if a problem is thought to exist but it probably is not as clear as it should be. We are suggesting now that we will not test unless there is reasonable suspicion and there are broad definitions of reasonable suspicion. i\ 166 Mr. Greenwald asked the approximate cost Sweatt said it would be from $35 to $75. added that you would have to specify just for. per each test? Mr. Mr. Greenwa 1 d then what you are testing Mr. Sweatt said the pol icy would state that SUsplClon and then lack of consent would be grounds for dismissal - there would be other considerations. Mr. Potempa asked if we would offer rehabil i tat ion program for employees with drinking problems. Mr. Sweatt said it was his recommendation that part of this policy speak to a recognition of a problem and an effort to counsel and/or other options for either drug or alcohol IF that employee comes forward and says he has a problem and he needs help. Mayor Sawyer polled the Council and they agreed that the City does need a policy on drug/alcohol abuse and asked Mr. Sweatt to continue developing a policy. #9 Discussion of Community Development Block Grant agreement with Bexar County. Mr. Sweatt said again, we came prepared to discuss this and the other parties are not present. He called attention to a letter we sent to the Bexar County representatives of the CDBG project. Also Mrs. Boeck was present and was told by the County that they are checking signatures to be sure those that signed knew what they were signing. Mayor Sawyer suggested that we ask when they can be available and have them here at a later date. This is the second time this has been scheduled. #12 CITY MANAGER'S REPORT: A. Mr. Sweatt said he would like to publicly express real appreciation and acknowledgment of recent action. Our City Secretary recently finished recertification work. B. He presented a revised float recommendation devised by Mr. Graham and his committee for 1991-92 float. He said this will be in keeping with the Schertz Business Club theme for the July 4th parade, which is "Stand Up For Freedom". Mr. Graham explained the red, white and blue motif with the yellow stars around the sides with the names of a resident of Schertz, who has participated in Desert Storm/Desert Shield, on each individual star. The "Schertz Sweetheart" will have a place up in front where she will stand. There is a sign in the back that says "We honor our mil i tary who served in Desert Storm". The Schertz logo will be on the back with the Business Club name underneath it. , I ) ,\. <' .~,"'-"1 -tOl Everyone agreed it was beautiful. Mr. Graham said he would be going back to committee with suggestions and they would like to have the Desert Storm flag on the float; and, at Mrs. Marsh I suggestion, some yellow ribbons. C. The Randolph Metrocom Chamber of Commerce Mixer will be February 28th at Quick Gifts and Flowers in Universal City. D. The regular Chamber of Commerce luncheon is set for March 12th at Village Oaks Hospital. # 13 ITEMS BY COUNCIL: ~r.e..!-11a:r~h: A. Gave a report on the VFW meeting as Mr. Potempa was unable to attend. She said the ad valorem tax really hurt the VFW, who had to take out a loan and are trying to find ways to pay that back. They have the support of Lt. Governor Bullock and are now going to Governor Richards. B. She then briefed Council on the Chamber of Commerce meeting of the Board of Directors held in Live Oak on the 20th of February. She said the meeting was very professionally conducted. Their finances are in much better shape. The next Trade Fair will be at Rolling Oaks Mall and plans are being developed for that. The committee reports included the finalization of the profile, announcement of the Military Golf Tournament at Northcl iffe; explained the Metrocom Liaison with all cities among other things. Under New Business, Donna Barkley was named "1990 Outstanding Woman"; the monthl y board meetings will move around from city to city; and the need to check on the system of assessing dues. C. Mrs. Marsh then reported on the Business Club meeting held on February 26th. There were several Certificates of Appreciation awarded; they discussed rotating the meeting places; Kerry Sweatt gave a City update; reported the candidates for Executive Director of the Metrocom Chamber of Commerce had been narrowed down to five; the Randolph Community Round-up, sponsored by the Rotary Club will be held at the Bluebonnet on March 3rd; there will be a Meet the Candidates Night for the School Board at the Bluebonnet on April 9th; and the next meeting will be at La Posadita on the 26th of March. tvtL~__Eot~J!ill?: A. Commended the Alamo Waste people for their handling of the Spring Cleanup program. B. The City crews did some work on Cabana Drive and the residents are very happy. C. Asked the status of the private parking signs for in front of the Municipal Building. Mr. Sweatt advised he and Mr. Graham were working on that. D. He publicly thanked everyone that participated in the yellow ribbon displays. A 16H M!."E.~__S.taJ1hop_~: A. Asked the status of the Animal Shel ter. Mr. Sweatt advised the land surveys were in progress and they have just about finished with the design. B. It was brought to her attention that in her residential area there is a party that has six dogs. When they were reported, three disappeared and then later they were returned. This will be checked out. Mr ~__~ GreenwaLg: A. Recentl y when the Planning & Zoning Commission changed officers, they discovered they had violated the ordinance. Now they wish to change the ordinance. B. He said he had spoken to Tom Weaver of CCMA and suggested having Mr. Weaver brief Council on some new sewer regulations. # 14 ITEMS BY MAYOR: Mayor Sawyer advised Council approval, he intended to appoint Mr. Marquez representative to the Austin-San Antonio Corridor. suggested considering some type of position for Mr. during the next budget sessions. that, with the City's He also Marquez, # 15 ADJOURNMENT: There being no further business to be discussed, Mayor Sawyer declared the meeting to be adjourned at 9:00 p.m. ATTEST: '~ .6 ~A-R Secretary, ity of Schertz /