ccswks 02-27-1991
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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.
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# 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.
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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.
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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.
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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.
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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:
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Secretary, ity of Schertz
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