ccreg 12-06-1988
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REGULAR MEETING OF THE CITY COUNCIL
DECEMBER 6, 1988
The Schertz City Council convened in Regular Session, Tuesday,
December 6, 1988, at 7:00 p.m. in the Council Chambers of the
Municipal Complex, 1400 Schertz Parkway, Schertz, Texas. The
following members were present: Mayor Earl W. Sawyer, presiding;
Earl P. Hartzog, Hal Baldwin j Ray Stanhope; Adolph Aguilar and
Ken Greenwald. Staff present were City Manager Kerry R. Sweatt,
City Secretary June G. Krause and City Attorney Mike Spain.
Mayor Sawyer opened the meeting and commented that it was a
pleasure to welcome everyone especially Lt. Gordon and a group of
International Students from Jordan, Turkey and Burma.
The Mayor then advised that he had some other pleasurable things
to do prior to starting on the aqenda. He presented letters of
appreciation to Mary Marsh, Darwin Peek and Roy Richard who
assisted Council in the selection of the City Manager.
Next Mayor Sawyer presented letters of appreciation to the
members of the Charter Review Committee, chaired by Dr. Richard,
and members Marty Martinez, Carol Cyr, Steve Lamm, Council
representative Adolph Aguilar and staff representative June
Krause.
Then Mayor Sawyer read a proclamation proclaiming the period of
December 7 through December 18th as "Operation Identification"
week. The Randolph Metrocom Chamber of Commerce, in cooperation
with the local law enforcement agency, was to present a program
on crime and fire prevention on December 7th.
# 1 APPROVAL OF MINUTES:
Special Session of November 9,
1988.
Mr. Stanhope moved to approve the minutes of the special Session
of November 9, 1988. Mr. Hartzog seconded the motion.
Mr. Baldwin requested the last sentence of the third paraqraph of
item #5 be corrected to read as follows: "Mayor Sawyer explained
that he recommended Council vote to bring these to election next
May and if there is one or two propositions a person is against,
then get out and talk against those propositions."
Mr. Baldwin also requested the third sentence of the 8th
paragraph under item #5 be corrected to read: "Mr. Guerra went
on to say that San Antonio has a 5% franchise fee and about ten
of the surrounding cities have 5%, the rest have a 3% franchise
fee. "
Mayor Sawyer then called for a vote on the motion, which carried
as follows:
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AYES:
Greenwald.
NAYS:
Councilmen Hartzog, Baldwin, Stanhope, Aguilar and
None
#2 HEARIBG OF RESIDENTS: A. Mrs. Ruth Tienor asked two
students to come forward and address Council. They advised that
on December 13th the Samuel Clemens Band and Choir would present
a free concert at the auditorium at 7:30 p.m. This is to be a
communi ty concert and especially the senior citizens are to be
bussed to the location to hear the presentation.
B. Mrs. Jane Arispe advised that she would be openinq the
"Turning Point" at the Live Oak Plaza for special therapy and
tutor ing. She qave her background in this area and said they
would probably open December 15th, and she invited everyone to
the qrand openinq.
#3 ORDlIIAlICE: Mayor Sawyer introduced an ordinance and
read the caption as follows:
ORDINANCE NO. 88-A-22
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 30.63 ACRES OF LAND, OUT OF COMAL
AND GUADALUPE COUNTIES.
Mr. Greenwald moved to approve the final reading of an ordinance
annexinq 30.63 acres of land out of Comal and Gaudalupe Counties.
Mr. Hartzoq seconded the motion, which carried as follows:
AYES: Councilmen Hartzog, Baldwin, Stanhope, Aguilar and
Greenwald.
NAYS: None
#4 ORDINANCE: Mayor Sawyer introduced an ordinance and
read the caption as follows:
ORDINANCE NO. 88-S-23
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS, AMENDING ORDINANCE NO.. 87-
S- 9, THE ORDINANCE CREATING CITY PLANNING &
ZONING COMMISSION, SECTION 4, ORGANIZATION.
Mr. Greenwald moved to approve the final reading of an ordinance
amending the ordinance creatinq the Planninq & Zoninq Commission.
Mr. Baldwin seconded the motion, which carried as follows:
AYES: Councilmen Hartzog, Baldwin, Stanhope, Aguilar and
Greenwald.
NAYS: None
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#5 ORDINANCE: Mayor Sawyer introduced an ordinance and
read the caption as follows:
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 SECTION 18-78 MAXIMUM
LIMITS ON SPECIFIC STREETS OF SAID CODE AND
PROVIDING A REPEALING CLAUSE.
Mr. Stanhope moved to approve the first reading of an ordinance
establishing a speed limit on Lower Seguin Road. Mr. Hartzog
seconded the motion.
Mr. Greenwald asked about the speed limit at the bridge on this
road. Mr. Sweatt said staff believes this is appropriate, that
we don I t feel it warrants posting a lower speed just on the
bridge.
Mayor Sawyer advised asking the police to keep a watch of the
bridge and see if there is a need to change the speed limit.
Mr. Hartzog asked what the average speed on this road has been.
Mr. Sweatt said the speed has averaged 54 miles per hour and this
is too fast for the road condition.
Mr. Hartzog then asked if this is one of the roads that will get
paved by the State. Mr. Sweatt said it is one in the system that
has been adopted by the State Department of Highways and Public
Transportation.
Mayor Sawyer then called for a vote on the motion before Council
and the motion carried with the following vote:
AYES: Councilmen Hartzog, Baldwin, Stanhope, Aguilar and
Greenwald.
NAYS: None
#6 RESOLUTION: Consider and take action on a resolution
authorizing the execution of an Interlocal Agreement with
Houston-Galveston Area Council.
RESOLUTION NO. 88-R-13
A RESOLUTION BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS, AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT
FOR THE PURCHASE OF CERTAIN VEHICLES.
Mr. Aguilar moved to approve the resolution authorizing the
Interlocal Agreement with the Houston-Galveston Area Council.
Mr. Stanhope seconded the motion, which carried as follows:
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AYES:
Greenwald.
NAYS:
Councilmen Hartzog, Baldwin, Stanhope, Aquilar and
None
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authorizing
Aqreement.
VEHICLE PURCHASE:
purchase of police
Consider and take
vehicles under
action on
Interlocal
Mr. Sweatt said the proposal is to purchase four 1989 vehicles
from the Houston-Galveston Council of Governments in the amount
of $53,316.04, one staff vehicle at $13,863.50, a set of manuals
and the administration fees in the mount of $2,015.39 for a total
of $69,194.93.
Mr. Greenwald moved to approve authorizinq to purchase the police
and staff vehicles under the Interlocal Agreement. Mr. Hartzog
seconded the motion.
Mr. Baldwin said he would again like to repeat that he felt the
City should be purchasinq five patrol vehicles instead of the one
staff vehicle. The staff vehicle should be the last priority.
When Mayor Sawyer called for a vote on the motion, it carried
with the following results.
AYES: Councilmen Hartzoq, Stanhope, Aquilar and Greenwald
NAYS: Councilman Baldwin
#8 PROPOSAL: Consider and take action to authorize receipt
of proposals for financing arranqement of police vehicles.
Mr. Sweat said staff would like for Council to authorize them to
solicit quotations from local financial institutions.
Mr. Stanhope moved to approve authorizations to solicit
proposals for financing arrangements for pOlice vehicles. Mr.
Greenwald seconded the motion.
Mr. Baldwin qave Council handouts sayinq this was what he was
discussing at workshop, concerning outr iCJht purchase of three
vehicles each year versus lease-purchase on three years. If the
City was just goinq to replace four pOlice vehicles this year and
the rest next year, this would be more in line with what Chief
Agee requested. Takinq into consideration Mr. Sweat's comments
about maintenance, there is still about $15,000 difference. Mr.
Baldwin said he just wanted the other Councilmembers to see the
difference before they voted.
Mayor Sawyer then called for a vote on the motion, which carried
as follows:
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AYES: Councilmen Hartzog, Baldwin, stanhope, Aguilar and
Greenwald.
NAYS: None
#9 PERSONNEL: Consider and take action authorizing budget
amendment and authorizing creation of two Sergeant of Patrol
positions.
Mr. Sweatt reiterated that as discusS at Workshop, staff request
authorization to transfer from Administration Contingency $1,550
to the police Salary line item. This would allow for the
promotion of two patrolmen to sergeants. He said he believes, as
Chief Agee does, that this will provide a better span of
supervision in the police department.
Mr. Baldwin moved to authorize the budget amendment and the
creation of two additional sergeant positions. Mr. Greenwald
seconded the motion.
Mayor Sawyer advised that the two new sergeant positions would
also give our patrolmen additional steps to look forward to.
Chief Agee agreed,
improved.
saying the supervisory factor is also
Mayor Sawyer then called for a vote on the motion, which carried
as follows:
AYES: Councilmen Hartzog, Baldwin, stanhope, Aguilar and
Greenwald.
NAYS: None
#10 REVENUE SHARING BUDGET: Consider receipt of City
Manager's recommendations regarding Revenue Sharing Budget.
Mr. Sweatt advised that the Public Use Hearing was held at the
last workshop for the remaining $7638 in Revenue Sharing program.
This includes interest through November. The funds are the
results of over runs or deletions of expenses. We recommend the
following: police Department - $3200.00 ( radios - $2000 and
Training program - $1200); Management $2600 (office equipment -
$$1200 and Printer - $1400) i Municipal Building - $1838 to be
applied to an auxiliary generator.
Mr. Sweatt said several other suggestions were received such a
driver for the senior citizen van - that has been taken care of;
landscaping _ there are some funds in general fundi swing sets,
etc. for the park- this will be addressed in the park bonds. As
for the bench, we have not been able to find a desirable
location. Christmas lighting of Main Street - Suggest we discuss
this in next year's budget.
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#11 EXECUTIVE SESSION: Mayor Sawyer called an Executive
Session under Article 6252-17, Section 2 (e) of Vernon's Texas
Civil Statutes, to discuss with attorney possible litiqation on
annexations at 7:35 p.m.
The Regular Meetinq was reconvened at 8:55 p.m.
'12 Consider and take action on matters discussed in
precedinq Executive Session.
Mr. Greenwald moved to authorize Fulbright & Jaworski to acquire
a temporary restraininq order to keep Garden Ridqe from acting
Thursday eveninq to annex land which is in the City's ETJ. Mr.
Aguilar seconded the motion, which carried with the followinq
vote:
AYES: Councilmen Hartzog, Baldwin, Stanhope, Aguilar and
Greenwald.
NAYS: None
Mr. Aguilar said he wanted to make sure that Mr. Sweatt could
continue to negotiate with Garden Ridqe. This received Council
concurrence.
*13 CITY MANAGER'S REPORT: A. Mr. Neller, on behalf of
the American Leqion, has things arranged with GVEC for the flag
display alonq Main Street.
B. A member of our staff, Mr. Dovey, had a death in his family
and flowers were sent on behalf of the City.
#14 ITEMS BY COUNCIL: Mr. Hartzoa: There will be a
Joint Land Use Study Meeting Wednesday eveninq at 7:30 at Judson.
Mr. Aauilar: The Library Board met and they have recommendations
for new members and a slate of officers they will be presenting
to Council soon.
They will also have their annual auction and dance on February
4th.
Mr. Greenwald asked if Council was qoing to discuss the up dating
of the City Plan at the next workshop. Mayor Sawyer said yes.
Mr. Greenwald advised that Dr. Brody would chairinq a seminar
from 7:00 to 8:00 p.m. Thursday at the Library.
* 15 ITEMS BY MAYOR: Mayor Sawyer received Council's
concurrence with his reappointments of Warren Klebiq and Sharon
Fruge to the Housinq Authority Board.
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# 16 ADJOURNMENT: On a motion duly made, seconded and
unanimously carried, the meeting was adjourned at 9:59 p.m.
ATTEST:
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