ccreg 03-21-1989
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REGULAR SESSION OF THE CITY COUNCIL
MARCH 21, 1989
The Schertz City Council convened in Regular Session, Tuesday,
March 21, 1989, 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; Barbara Stanhope; Adolph Aguilar and Ken
Greenwald. Absent: Hal Baldwin. Staff present were City
Manager Kerry Sweatt and City Secretary June Krause.
Mr. Daniel Stift and four Boy Scouts, who are working on their
citizenship badges, were present and welcomed by Mayor Sawyer.
#1 APPROVAL OF MINUTES: A. Regular Meeting of February
21, 1989 and B. Special Meeting of March 1, 1989.
Mr. Hartzog moved to approve the minutes of the Regular meeting
of February 21, and Special Meeting of March 1, 1989. Mr.
Greenwald seconded the motion, which carried as follows:
AYES: Councilmembers Hartzog, Stanhope, Aguilar and
Greenwald.
NAYS: None
#2 HEARING OF RESIDENTS: None
#3 ORDINANCE: Mayor Sawyer introduced an ordinance and read
the caption as follows:
ORDINANCE NO. 89-M-9
AN ORDINANCE PROVIDING THAT THE CODE OF
ORDINANCES, CITY OF SCHERTZ, TEXAS, BE
AMENDED BY REVISING CHAPTER 12 1/2,
ATTACHMENT "B", OF SAID CODE, PROVIDING FOR
THE USE AND REGULATIONS OF SWIMMING POOL
FACILITY; AND REPEALING ALL ORDINANCES IN
CONFLICT.
Mr. Aguilar moved to approve the final consideration of an
ordinance regulating swimming pool facility. Mrs. Stanhope
seconded the motion, which carried with the following vote:
AYES: Councilmembers Stanhope, Aguilar and Greenwald
NAYS: Councilman Hartzog
Mr. Aguilar advised that he thought Council had agreed to amend
paragraph A of this ordinance.
Mr. Greenwald said there is a prOV~Slon
Regulations and this ordinance adopts
regulations.
in the
those
Rules
rules
and
and
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Mr. Aguilar said it could be changed to "adult or parent".
Mayor Sawyer asked that this be put on the next workshop for
discussion.
#4 WATER TANK PUMPING MECHANICAL BID: Mr. Sweatt advised
that the City has solicited bids and bids were opened Thursday,
March 9th. We received three bids ranging from a low of $154,411
to an apparent high bid of $169,000. With the addition of one
optional item, the low bid would be $165,089. An error in
wr i ting the bids was discovered changing the total to $155,414
for the best bid. When the optional item is added (that being
the well meter monitors) the bid of P.M.I. would be in the amount
of $165,089. We have reviewed with staff and the consul ting
engineer and recommend the apparent low bidder P.M.I..
Mr. Hartzog moved to approve the bid of P.M.I. in the amount of
$165,089 for the water tank pumping mechanical. Mr. Aguilar
seconded the motion, which carried as follows:
AYES: Councilmembers Hartzog, Stanhope, Aguilar and
Greenwald.
NAYS: None
#5 ORDINANCE: Mayor Sawyer introduced an ordinance and
read the caption as follows:
AN ORDINANCE
PROVIDING THAT THE CODE OF ORDINANCES, CITY
OF SCHERTZ, TEXAS, BE AMENDED BY REVISING
CHAPTER 10, ARTICLE III, DIVISION 1 OF SAID
CODE, PROVIDING GENERALLY FOR THE SALE,
NOTICE OF SALE, REDEMPTION AFTER IMPOUNDMENT,
FEES TO BE CHARGED, DISPOSITION OF PROCEEDS
OF SALE AND RECORDS TO BE KEPT ON ABANDONED,
JUNKED PROPERTY AND PROPERTY FOUND IN
VIOLATION OF ORDINANCE; BY REVISING CHAPTER
10, ARTICLE III, DIVISION 2 OF SAID CODE,
PROVIDING FOR THE DEFINITION, ENFORCEMENT OF
AUTHORITY, NOTICE OF NUISANCE AND REQUEST FOR
HEARING, THE HEARING, NOTICE AND ORDER,
ABATEMENT OF NUISANCE BY POLICE DEPARTMENT,
DISPOSAL BY CITY OF SCHERTZ OF MOTOR
VEHICLES, AND EXCEPTIONS; AND REPEALING ALL
ORDINANCES IN CONFLICT.
Mr. Greenwald moved to approve the first reading of an ordinance
regulating abandoned and junked property. Mr. Hartzog seconded
the motion, which carried with the following vote:
AYES: Councilmembers Hartzog, Stanhope, Aguilar and
Greenwald.
NAYS: None
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Mayor Sawyer advised that after the next reading and publishing
of notice, this ordinance will become effective and the pol ice
will commence enforcement.
Mr. Sweatt said that staff felt this could take place under the
Code Enforcement Department and the police will continue to
enforce when on public property.
#6 ORDINANCE: Mayor Sawyer introduced and read the
caption on an ordinance as follows:
AN ORDINANCE
PROVIDING THAT THE CODE OF ORDINANCES, CITY
OF SCHERTZ, TEXAS BE AMENDED BY REVISING
CHAPTER 10, ARTICLE II, SECTION 10-16 THROUGH
10-23 OF SAID CODE, PROVIDING GENERALLY FOR
DEFINITIONS; MAINTENANCE OF WEEDS,
UNCONTROLLED VEGETATION, RUBBISH OR NUISANCE
ON PRIVATE PROPERTY i NUISANCE UPON THE
PREMISES; WEEDS, VEGETATION, OR ON ANY LOT OR
PARCEL; NOTICE TO OWNER TO REMOVE OR REMEDY;
REMOVAL OR CORRECTION BY CITY; RESTRICTIONS
IMPOSED ON PROPERTY UNTIL LIEN IS CLEARED;
STATE OF EXPENSES; LIEN FOR AND INTEREST ON
EXPENSES; SUIT TO COLLECT EXPENSES;
PENALTIES;AND REPEALING ALL ORDINANCES IN
CONFLICT.
Mr. Aguilar moved to approve the first reading of an ordinance
regulation uncontrolled vegetation, rubbish or nuisance. Mr.
Greenwald seconded the motion, which carried with the following
vote:
AYES: Councilmembers Hartzog, Stanhope, Aguilar and
Greenwald.
NAYS: None
Mr. Sweatt reminded Council they had asked that staff investigate
and report back on responsibility of property owners with regard
to alleys and easements. Dur ing the year 1988, the City has
begun doing work in most alleys. We spent $8200 last year in
mowing alleys. We believe they should be the responsibility of
the property owner.
# 7 RESOLUTION:
resolution as follows:
Mayor Sawyer introduced and read a
RESOLUTION NO. 89-R-2
A RESOLUTION BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS, ESTABLISHING A UNIFORM
MANNER OF SETTING THE VALUE OF RESIDENTIAL
CONSTRUCTION FOR PERMIT PURPOSES.
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Mr. Greenwald moved to approve the resolution establishing a
uniform per square foot permit fee. Mrs. Stanhope seconded the
motion, which carried with the following vote:
AYES: Councilmembers Hartzog, Stanhope, Aguilar and
Greenwald.
NAYS: None
Mr. Greenwald said that one of the things Mr. Baldwin had talked
about at workshop was some fair means of establ ishing fees. He
said he went in and talked with Mr. Sweatt and this looks like a
better solution. It is fair to everybody.
#8 LIBRARY BIDS: Consider and take action on Library Board
recommendation regarding bids on building improvements.
Mr. Sweatt mentioned the tabulation of bids for work to be done
at the library.
Mr. Aguilar moved to approve the amounts listed, totaling
$19877.18, with the provision that if they can get lower rates,
they will do it. Mr. Hartzog seconded the motion, which carried
with the following vote:
AYES: Councilmembers Hartzog, Stanhope, Aguilar and
Greenwald.
NAYS: None
Mr. Sweatt read the list of supplier as follows: Electrical-
D&R Electric, $7l56. 12; Air Conditioning and Heating - M & M
Refrigeration Services, $6995.50; Ceiling Grid - Ceil Pro of San
Antonio, $1720.00; Lumber, Sheetrock, Ceiling tile and
insulation - ACME Lumber, $2349.56; Glass Northeast Glass,
$1156.00; Drywall Finishing - Evan's Drywall, $500.00.
#9 ORDINANCE:
ordinance as follows:
Mayor Sawyer introduced and read an
AN ORDINANCE
PROVIDING THAT THE CODE OF ORDINANCES, CITY
OF SCHERTZ, TEXAS BE AMENDED BY REVISING
CHAPTER 18, ARTICLE II, SECTION 18-45 OF SAID
CODE, PROVIDING FOR RESTRICTIVE VEHICLE
WEIGHT LIMITS OF FIFTEEN THOUSAND (15,000)
POUNDS TO BE PLACED ON PFEIL ROAD FROM THE
ACCESS ROAD OF IH-I0 TO THE INTERSECTION OF
WARE-SEGUIN ROAD; AND REPEALING ALL ORDINANCE
IN CONFLICT.
Mr. Greenwald moved to approve the first reading of an ordinance
amending the Code, Section 18-45 on weight limits. Mrs. Stanhope
seconded the motion.
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Mr. Sweatt apologized to Council for this not being brought up at
workshop but as a response from complaints. We are recommending
this be pasted so that we have a bit more authority to regulate
in that area. These roads are south of Randolph.
Mayor Sawyer then called for a vote on the motion before Council
and the motion carried as follows:
AYES: Councilmembers Hartzog, Stanhope, Aguilar and
Greenwald.
NAYS: None
# 10 RESOLUTION: Mayor Sawyer introduced and read a
resolution, caption follows:
RESOLUTION NO. 89-R-3
A RESOLUTION URGING THE TEXAS LEGISLATURE TO
RAISE THE CAP ON STREET USE CHARGES FOR
ELECTRIC AND GAS UTILITIES.
Mr. Hartzog moveQ. to approve the resol ution regulating
legislation pertaining to the franchise taxes on street
rental/use by public utilities. Mr. Greenwald seconded the
motion, which carried with the following vote:
AYES: Councilmembers Hartzog, Stanhope, Aguilar and
Greenwald.
NAYS: None
#11 RESOLUTION: Mayor Sawyer introduced a resolution and
the City Manager read the resolution as follows:
RESOLUTION NO. 89-R-4
WHEREAS, the Legislature is considering House Joint Resol ution
No. Nine and House Joint Resol ution No. Fourteen; each deal ing
with proposed constitutional amendments; and
WHEREAS, the proposed constitutional amendment provides the means
to consider tax exemption of specific tangible personal property
consisting of goods, wares, merchandise or ore; other than oil,
gas and other petroleum products; and
WHEREAS, the proposed exemption is drawn on a local option basis;
and
WHEREAS, such constitutional amendment would provide for a means
to consider additional economic development matters; NOW
THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
that the Mayor and City Council of the City of Schertz, Texas
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hereby express approval of the proposal to submit such exemption
question to election of the voters as a constitutional amendment.
Mr. Hartzog moved to approve the resolution regarding "goods in
transit". Mrs. Stanhope seconded the motion, which carried with
the following vote:
AYES: Councilmembers Hartzog, Stanhope, Aguilar and
Greenwald
NAYS: None
# 12 CITY MAlfAGER EVALUATION: Consider and take action
regarding City Manager evaluation and salary determination.
Mr. Aguilar advised that Council discussed with the City Manager
regarding his performance for the last six months and it is
bel ieved that Mr. Sweatt did not show any apparent weaknesses;
however many strengths. The position of Schertz City Manager
became vacant and he took over this position in a most effective
manner. I feel he has done a great job in the short time he has
been with us, particularly with staff.
Mayor Sawyer read a prepared statement he made as an attachment
to the evaluation.
"Mr. Sweatt took up the reins of City Manager for the City of
Schertz on 7 September 1988. This post was left in absol ute
shambles by the abrupt resignation of the former City Manager.
Mr. Sweatt has proven to be a highly commendable City Manager,
with the insight, foresight, managerial ability and expertise to
manage all aspects of the City Government for the City of
Schertz.
All suggestions and programs recommended by the City Council are
handled more expeditiously than in the past several years.
Reports to City Council are clear and concise and easily
understood. His comprehension and implementation of ordinances
and code enforcement, specifically the nuisances and hazards
ordinances, is commendable. Mr. Sweatt' s initiative in
presenting the rewritten and updated ordinances has given City
Council the opportunity to discuss and enforce this long overdue
problem. His handling of inquiries from our citizens has thus
far been exemplary. Citizen calls of inquiries or complaints are
all answered promptly. He has a true open door policy."
Mayor Sawyer then listed some notable accomplishments that he
attributed to Mr. Sweatt as being (1) new color scheme for police
cars (2) change in police uniforms (3) hiring an outstanding
pol ice chief (4) adding two new sergeant positions to pol ice
department (5) an innovative method of purchasing police cars (6)
revamping and revitalization of our Industrial Development
Committee (7) the ability to coordinate and prepare, on short
notice, an Industrial information meeting with a San Antonio
Development Corporation cl ient (8) the formation of our Audit
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Committee (9) his willingness to attend meetings at the request
of Counci 1 and with other entities and groups. He ended by
say ing overall he feel s that Mr. Sweatt's performance for his
first six months with us is highly above average. He finished by
saying he based his high rating of Mr. Sweatt on his long
experience with our three previous City Managers and look forward
to the progress and well being our City will surely enjoy in the
future with him at the helm.
Mr. Hartzog moved to raise the City Manager's salary, effective
March 15, 1989, by $5,000 per year. Mr. Greenwald seconded the
motion, which carried with the following vote:
AYES:
Greenwald.
NAYS:
Councilmembers Hartzog, Stanhope, Aguilar and
None
Mayor Sawyer added that Mr. Baldwin had prepared a statement but
the Mayor could not find it; but stated Mr. Baldwin agrees with
Council on the high evaluation of Mr. Sweatt.
#13 RESOLUTION: Mayor Sawyer introduced a resolution and
read the caption as follows:
RESOLUTION NO. 89-R-5
A RESOLUTION TO RETAIN CATHY LEE JORDAN TO
REPRESENT THE CITY OF SCHERTZ IN MATTERS
RELATING TO ITS POWER, ARRANGEMENTS AND
TERMS, PARTICULARLY FRANCHISE RENEGOTIATIONS
WITH CITY PUBLIC SERVICE OF SAN ANTONIO.
Mr. Aguilar
employment of
moved to approve a resolution authorizing the
Cathy Lee Jordan to represent the City in matters
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B. Remember to place on your calendars the GRASP program April
23rd from 3 to 7 p.m at the Bluebonnet Palace.
C. Failed to point out under #4 bids, they came in under and we
will still have about $129,000 for future well site development.
This will be completed quite soon and you will be feeling the
results of this with better water pressure and key rate.
Additional work has been accomplished under the bond issue by the
very diligent work of staff, engineer and Council.
#15 ITEMS BY COUNCIL: Mr. Hartzoa: A. The City staff put
in one of the water lines at considerable amount of savings.
B. Had a number of calls about Spring Clean Up. The dumpsters
will be put out starting April 17.
C. Was approached about fees for the small pavilion.
Mrs. Stanhope: A. Have had calls about junked vehicles - so
people are concerned about this.
B. In other years the dumpsters have overf lowed during Spring
Clean Up. Is that under control this year?
Mayor Sawyer said we will have the chipper available to help
alleviate some of the problems. Mr. Sweatt added that we have
asked Moore to watch more closely also.
C. welcome to the scouts - glad to have you here.
Mr. Sweatt said that the ordinance on abandoned vehicles does
provide for both private and public property. Most preponderance
of complaints are on private property.
Mr. Greenwald said there are procedures in the ordinance and if
they have reason, they have the right to appeal. There are
provisions and time frames that we have taken from State law.
Mr. Aauilar: A. Yesterday had the opportunity to meet Larry
Rivers, the Commander and Chief of the Veterans of Foreign Wars.
He was very please with the reception and friendliness of the
City and the VFW. It was a very nice venture.
B. Remember the Library Book Sale beginning March 31st and
continuing through April 2nd.
Mr. Greenwald: A. A special appreciation to the Streets and
Parks for cleanup on the Cibolo Creek. That is the best it has
looked in ten years. Hope our sister city will follow suit.
B. Had several calls from people receiving Rogers Cable TV bills
with an increased sales tax - believe they are being charged the
VIA tax.
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Mayor Sawyer said we need to call and get them to correct that.
#16 ITEMS BY MAYOR: A. Thanks to Mr. Aguilar for meeting
the VFW dignitaries for the Mayor.
B. Concerning the Cibolo Creek Clean Up - when the Mayor gave
the eulogy for Mr. Stanhope, one of the things mentioned is that
we will start a project in his name. This could be the start.
It does look nice - a great improvement for the City.
# 17 ADJOURNMENT: Mr. Aguilar moved the meeting be
adjourned at 7:48 p.m. i the motion was duly seconded and carried
unanimously.
ATTEST:
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