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ccreg 04-04-1989 130 ~ REGULAR MEETING OF THE CITY COUNCIL APRIL 4, 1989 The Schertz City Council convened in Regular Session, Tuesday, April 4, 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, presidingj Ear 1 P. Hartzog; Hal Baldwin; Barbara Stanhope; Adolph Aguilar and Ken Greenwald. Staff present were City Manager Kerry R. Sweatt and City Secretary June Krause. #1 PUBLIC HEARING: The City Council and Planning & Zoning Commission to hold a public zoning hearing to receive citizen comments on the proposed amendment to the zoning ordinance regulating wall height of accessory buildings. Mayor Sawyer opened the public hearing and turned the hearing over to Ty Brisgill, Chairman of the P&Z. Chairman Brisgill again gave the purpose of the public hearing, adding that the Planning and Zoning Commission will have ten days after the public hearing to give a recommendation to City Council on the issue. He advised that any citizen wishing to speak on this proposed amendment to the zoning ordinance should speak at this time as they would not be allowed further input later. Mrs. Tereletsky asked if the height was measured from the foundation of the building or from the ground. Mr. Brisgill said his understanding was that the wall was measured from the foundation; however the overall height of 15 feet was from the ground to the top. Mr. Aguilar asked if this included attached buildings. Mr. Brisgill said it covered anything not attached to the building. As there were no further comments from citizens, P&Z members or the Council, Mayor Sawyer declared the public hearing closed at 7:03 p.m. Mayor Sawyer then asked for a short recess in order for the P&Z members to leave for their special meeting. The Regular Meeting reconvened at 7:08 p.m. # 2 APPROVAL OF MINUTES: A. B. C. Regular Meeting of 3-7-89 Special Meeting of 3-15-89 Regular Meeting of 3-21-89 Mr. Hartzog asked that the fifth paragraph of item #2 of the minutes of March 15th be corrected to read: "Mr. Hartzog advised that when they first began the study on completing the library he had someone lined up to do the taping and floating work for nothing except maybe materials." ( 131 Mr. Aguilar requested the third paragraph of item #6 of these same minutes be changed to read: "Mr. Baldwin asked if this ordinance allows removal instead of citation. Mr. Sweatt advised that it does but a clear cut violation could still merit a citation." Mrs. Stanhope advised that in these same minutes 1. of her portion of item #13 be corrected to read as follows: "Wished to express her thanks and those of the senior citizens to Chief Agee for the time he spent when he went to the Housing Authority." Mr. Baldwin asked that the second sentence of the second paragraph of #9 of the minutes of March 21 be corrected to read: "We are recommending this be passed so that we have a bit more authority to regulate in that area." Mr. Hartzog moved the minutes of the Regular Meeting of March 7th, the Special Meeting of March 15 and the Regular Meeting of March 21, 1989 be approved as amended. Mrs. Stanhope seconded the motion, which carried as follows: AYES: Councilmembers Hartzog, Baldwin, Stanhope, Aguilar and Greenwald. ABSTAINING: Mr. Baldwin on the minutes of March 21. NAYS: None #3 HEARING OF RESIDENTS: There were none to be heard. #4 AUDIT REPORT: Mr. Carlos Melick, representing Melick, Armstrong and Vaughan, stated that his purpose at this meeting was to present Council with the annual audit report. He explained that the audit report was presented to the Audit Committee about one month previously and to Council at their last workshop. He said the high light of the year seemed to center around the decrease in fund balances, with the exception of the Water /Sewer fund due to the settlement of the Mangum case. In addition to that there were transfers of about $205,000 in addition to the in-lieu-of-taxes item from water/sewer to general fund. Mr. Hartzog asked what the donation item represented at the top of page 7 of the audit report represented. Mr. Mel ick was not sure but said he would check and let him know. Mr. Greenwald said most of the figures included "per capita". He asked what population figure was used. Mr. Melick showed him on page 83 the figure of 12,580 estimated population. Mr. Hartzog said that at workshop there were a number of items recommended on which changes needed to be made. He asked if those changes have been made. \ 132 Mr. Sweatt advised that the management letter speaks of things and conditions as of the end of the year September 30, 1988. Most of the things have been not only considered but implemented. Both Mr. Melick and Mr. Thorpe have worked very closely with the police service to develop precise and complete property records. Mr. Baldwin said one of the things Council was concerned about was that about mid year they were all caught by surprise by the condition of the city. We were told that some carry-over funds were not there. Mr. Baldwin said he wanted everyone to understand the budget portion of the audit on pages 9 and 10 showing closing fund balances in General Fund of $22,500. He said we should maintain 2 or 3 months operational money for all funds or about $300,000. He said he thought this was a qood audit and he appreciated the time the City Manager spent on this. Mayor Sawyer said he felt it was a good audit report also; and we do plan to keep the audit committee, which is a benefit to the City. Mr. Baldwin moved to accept the audit report for fiscal year ending September 30, 1988. Mr. Aguilar seconded the motion, which carried with the following vote: AYES: Councilmembers Hartzog, Baldwin, Stanhope, Aguilar and Greenwald. NAYS: None #5 BEXAR COUNTY CDBG AGREEMENT: Mr. Sweatt said as a result of the workshop, we have reviewed the CDBG funding grant of $139,750. We have reviewed the proposed project, which is the water line improvements to the Rittimann Addition. We have recommended to you that we undertake this program. We have furnished to you in your packet a draft of an agreement between Bexar County and the City of Schertz regarding the project and the manner in which the funds would be expended and the work process and the design of understanding. We have attempted to resolved some questions, which are not overwhelming, between the City and the County as to the work process flow. The City Attorney has visited with Fred Stolz and Commissioner Bob Lee. I believe that we can resolve the wording that we feel is detrimental to our satisfactory work process. If you are agreeable to authorizing the execution of the agreement and authorizing the City Attorney and I to resolve a question of the work flow approval process, that is the design of approval of recommendations of payment between the City and the County. Mr. Aguilar moved that the Council go ahead and enter into the agreement with CDBG so that we can proceed with the water improvements, which will be beneficial to the City, with the exception noted by Mr. Sweatt. Mr. Greenwald seconded the motion, which carried with the following vote: (/ t33 AYES: Councilmembers Hartzog, Baldwin, stanhope, Aguilar and Greenwald. NAYS: None Ms. Teran said they have been waiting for this moment for a long time and look forward to working with the City of Schertz on this project and maybe future projects because fourth year funding is coming around. We hope to have a workshop and invite all the Council members and the City Manager to attend that workshop with us. We will be expecting your application in June. Thank you. Mayor Sawyer said we intend to annex this area as soon as Bexar County brings it up to our standards. Mr. Hartzog addressed Ms. surplus money that had to happen to that money. Ms. over run projects. Teran, saying he understands there is be turned back in, and asked what will Teran said that money will be used for Mr. Hartzog then said that at the same time the water line application was presented, there was also one for sewer lines. Ms. Teran said her recommendation for Rittimann would be to resubmit for fourth year funding. Ms. Teran then introduced Mr. Fred Stolz, who is the CDBG Program Manager. #6 BID AWARD: Mr. Sweatt referred to the bids on the portable paver, saying it would cost about $30,000 for a self- propelled unit. We made sure the bidders knew we did not want that. He presented pictures of the proposed unit, saying it resembles a spreader but can be used on smaller projects to rebuild a portion of a street. Mr. Sweatt recommended the low bid of Wehring-Goss Equipment Company. Mr. Greenwald moved to approve the bid of Wehring-Goss Equipment Company, in the amount of $6,230.00. Mr. Hartzog seconded the motion, which carried with the following vote: AYES: Councilmembers Hartzog, Baldwin, Stanhope, Aguilar and Greenwald. NAYS: none #7 ORDINANCE: Mayor Sawyer introduced an ordinance and read the caption as follows: ORDINANCE NO. 89-H-l1 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 \ J34 \ 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 EXCEPTIONSj REPEALING ALL ORDINANCES IN CONFLICT. Mr. Baldwin moved to accept the final reading of an ordinance regulating abandoned and junked property. Mrs. Stanhope seconded the motion, which carried as follows: AYES: Councilmembers Hartzog, Baldwin, Stanhope, Aguilar and Greenwald. NAYS: None #8 ORDINANCE: Mayor Sawyer introduced and ordinance and read the caption as follows: ORDINANCE NO. 89-H-12 AN ORDINANCE PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING CHAPTER 10, ARTICLE II, SECTIONS 10-16 THROUGH 10-23 OF SAID CODE, PROVIDING GENERALLY FOR DEFINITIONS; MAINTENANCE OF WEEDS, UNCONTROLLED VEGETATION, RUBBISH OR NUISANCE ON PRIVATE PROPERTY; NUISANCE UPON THE PREMISES; WEEDS, VEGETATION, RUBBISH AND STAGNANT WATER IN A DEVELOPED AREA OR ON ANY LOT OR PARCEL; NOTICE TO OWNER TO REMOVE OR REMEDY; REMOVAL OR CORRECTION BY CITY j RESTRICTIONS IMPOSED ON PROPERTY UNTIL LIEN IS CLEARED j STATEMENT OF EXPENSES j LIEN FOR AND INTEREST ON EXPENSES; SUIT TO COLLECT EXPENSES; PENALTIES; REPEALING ALL ORDINANCES IN CONFLICT. Mr. Greenwald moved to approve the final consideration ordinance regulating uncontrolled vegetation. Mr. seconded the motion. of an Hartzog Mr. Sweatt advised that staff has made the specific changes - alleys have been removed and trees have been added. Mayor Sawyer then called for a vote on the motion, which carried as follows: AYES: Councilmembers Hartzog, Baldwin, Stanhope, Aguilar and Greenwald. NAYS: None ( 135 #9 ORDINANCE: Mayor Sawyer introduced an ordinance and read the caption as follows: ORDINANCE NO. 89-D-13 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 PHEIL ROAD FROM THE ACCESS ROAD OF IH-I0 TO THE INTERSECTION OF WARE-SEGUIN ROAD; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT. Mr. Aguilar moved to approve the final consideration of an ordinance amending the Code, Section 18-45 Weight limits on Pheil Road. Mr. Baldwin seconded the motion, which carried as follows: AYES: Councilmembers Hartzog, Baldwin, Stanhope, Aguilar and Greenwald. NAYS: None Mayor Sawyer said the road is getting bad as a resul t of the large trucks using it. Mr. Sweatt added that staff has made plans to send a bill for repairs to the contractor that has been using the road. # 10 ORDINANCE: Mayor Sawyer introduced an ordinance and read the caption as follows: AN ORDINANCE PROVIDING . THAT THE CODE OR ORDINANCES, CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING CHAPTER 12 1/2, ATTACHMENT "B", PROVIDING FOR THE USE AND REGULATIONS OF SWIMMING POOL FACILITIES AND REPEALING ALL ORDINANCES IN CONFLICT. Mr. Hartzog moved to approve the first reading of an ordinance amending the regulations for swimming pool facilities. Mrs. Stanhope seconded the motion, which carried as follows: AYES: Councilmembers Hartzog, Baldwin, Stanhope, Aguilar and Greenwald. NAYS: None #11 CITY MANAGER'S REPORT: A. In presenting the apparent low bidder on library work, we transposed some numbers. This was reported as $7,156.12. We would like the minutes be corrected to show the bid was as submitted, in the amount of $7,183.12. \ 136 ~ I Mr. Aguilar said he felt the Library Board would try to go under that amount. B. Was asked about SAFES advertising and reported it was the box; but it is the chasses they are advertising for and this will be on the 18th agenda. C. Will be contacting each Councilmember transportation to the TML Region meeting. regarding D. GVEC will be having and Open House at their Schertz office on April 21 from 2 to 6 p.m. celebrating their 50th anniversary. E. We have just been notified today of Rogers intent to make a rate increase. As this is covered by the Federal Regulatory Act, no action is necessary by the City but we need to discuss levels of coverage. The new rate is $16.95 for basic service. F. Economic Development Task Force met last night and we will be presenting a number of items at the next workshop. He then showed the brochure they have designed and a logo, and copies will be in the next Council packets. #12 ITEMS BY COUNCIL: Mr. Aauilar: A. After the opening Day ceremonies by BVYA at the ball park, the Library is going to need a lot of manual labor on their project. Everyone is invited to come down and help. B. Do we have a landscape committee. Mr. Sweatt said yes, but the original organization was just for city hall property; but will be having a meeting to develop further plans. Mr. Greenwald: We were sent an invitation by Opening Day Ceremonies Saturday at 9:00 a.m. down. BVYA for the everyone come #13 ITEMS BY MAYOR: none # 14 ADJOURNMENT: Mr. Aguilar moved the meeting be adjourned at 7:43 p.m.; Mr. Greenwald seconded the motion, which was unanimously carried. ATTEST: