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: