ccswks 04-12-1989
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SPECIAL MEETING OF THE CITY COUNCIL
AP R I L 12, 1 98 9
The Schertz City Council convened in Special Workshop Session,
Wednesday, April 12, 1989, 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;
Earl P. Hartzogj Barbara Stanhope; Adolph Aguilar and Ken
Greenwald. Absent: Hal Baldwin. Staff present were City
Manager Kerry R. Sweatt and City Secretary June G. Krause.
Mayor Sawyer welcomed everyone to the meeting and
recognized three young people from the Government Class at
Samuel-Clemens High School.
#1 HEARING OF RESIDENTS: A. Mary Marsh advised that the
City Leadership Panel met the previous week for the first time.
She said they had a very eager group and appointed Jim Shriver as
Chairman, with Margaret Ri 1 ey taking notes and Norma Al thouse
will do the typing for the committee. Mrs. Marsh acknowledged
one problem, that being Lee Boswell fel t he is too involved in
other things at the moment to serve on this committee. Mrs.
Marsh recommended Council select another person from the original
list to replace Mr. Boswell. They will be meeting on Thursday.
B. Mr.
vehicle
Planning
appeals.
Merwin Willman said he had been reading about the junked
ordinance and asked if it was Council intention to have
& Zoning's recommendation be the final word on all
Mr. Sweatt said the prOV1Slon of the law provided that there be
an Appeals Board. Under previous thought, it was thought that
that could be the Municipal Court Judge but that could create a
conf 1 ict because the Judge could be hearing a citation. So it
was decided that Planning & Zoning would serve as an Appeals
Board and of course the court would still serve if there were a
citation issued.
Mr. Willman said what he wanted to determine is whatever the P&Z
determines final. Mr. Sweatt said yes, it is not a decision that
is automatically appealed to the City Council.
#C Mr. Joe Potempa said Saturday night the neighbor's great
dane jumped their fence and when his wife went out to get her dog
the great dane jumped her. Officer Cantrell and the Animal
Control Officer responded and both were very professional. Then
on Monday morning when his wife was going to work, a tire on the
car blew out. She panicked and call 9-1-1 and Officer Tacquard
responded. Mr. Potempa felt both Officer Tacquard and Dispatcher
Bever 1 y Case deserved a commendable notation for their help in
this matter. Mr. Sweatt reminded all that Mr. Tacquard is now
Sergeant Tacquard.
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'2 Discussion of an ordinance amending the zoning ordinance
regulating wall height of accessory buildings.
Mayor Sawyer reminded Council that at the last meeting Mrs.
Tereletsky asked if the wall height was measured from the ground
or foundation.
Mr. Sweatt said he felt the information given at that meeting was
correct. The definition of a wall given in the Southern Standard
Building Code is from the top of the foundation to the rafter.
As this ordinance is defined, that would be not more than 8 feet.
The total building height is from the ground line to the peak of
the roof and that is limited to not exceed 15 feet.
Mr. Aguilar asked what would happen if you had two walls. Mr.
Sweatt said you would still have to have rafters between them.
'3 Discussion of second reading of an ordinance amending
the regulations for swimming pool facilities.
As there was no further discussion, Mayor Sawyer asked that this
item be placed for vote on the next agenda.
'4 Discussion of public hearings on 4-18-89 agenda:
A. Jointly with P&Z to hear request by Earl W. Sawyer for an
exception to the zoning ordinance permitting a variance to side
yard setback at 512 Aviation.
Mayor Sawyer said he intended to give
hearing and let Mr. Aguilar take over
none of his neighbors had voiced
request.
up his seat at this public
the meeting. He said that
any complaints about his
B. Jointly with P&Z to receive input on new zoning map.
Mayor Sawyer commended P&Z for the new map, giving credit to both
Mr. Simonson and Mr. Willman for many hours of research on this
project.
Mr. Aguilar said he felt this was a very professional job.
Mr. Hartzog pointed out that in Savannah Square the Beck property
should be R-l and the map should be changed accordingly.
Mr. Greenwald said the way it is set up at Ford Engineering, all
you have to do is run through the computer and the map can be
fixed.
Mr. Sweatt said one of the things that we propose to do will be
to include in the brochures a pictorial zoning map. He then
showed Council copy of the proposed map J adding that with the
vivid colors, it will make a real nice addition to the brochure.
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C. City Council to receive input on request to change name of
Weichold/Binz-Engleman Road to "Scenic Lake Drive".
MR. BALDWIN ARRIVED AT 7:15 P.M.
Mr. Sweatt reminded Council that staff is finishing the redraft
of Guidelines of how name change requests will be handled in the
future.
IS Discussion of an ordinance amending Code, Section 7-14
Appointment of Fire Chief.
Mr. Sweatt advised that primarily there is a conflict with the
charter and ordinance. Under Section 5.03 (a) of the Charter, it
says the City Manager shall appoint all department heads and
employees. There is a conflict, when we changed from an
entirely volunteer to a paid department, between the charter and
ordinance. This is just to clear up that conflict.
Mayor Sawyer said that since this is in line with the charter, we
will have the first reading of the ordinance at the next meeting.
'6 Report and recommendation of the Economic Development
Task Force.
A. By Laws. Mr. Sweatt called attention to the proposed by-laws
in Council packets. These have been reviewed on two occasions
and have been reviewed by the City Attorney. Mr. Sweatt then
pointed out some recommended changes to Article II, Article III
and Article IV for clarification. He then added that with these
changes, we recommend Council adopt these by-laws in the next
step to formalizing the organization. Mr. Sweatt added that Mr.
Shriver was deeply involved in the formation of the by-laws.
Mr. Shriver said the recommended changes sounded good to him.
B. Team goals and objectives. Mr. Hartzog asked if the
objectives should be part of the by laws. Mr. Sweatt advised
they felt it better to keep the by laws simple as the goals and
objectives are subject to change with developments.
Mr. Baldwin recommended changing the first word of #3 of the
objectives from recommend to "target".
Mr. Aguilar referred to Article IV of the By Laws where it says
the Council will approve membership. He said he had always felt
that all organizations will be working together and they should
be able to select individuals among their membership for the
Chairman and officers. The officers should be approved by the
Council but let the membership make the selection. Mr. Aguilar
suggested that the officers that are approved by the Council be
the ones that select their own Chairman.
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Mr. Sweatt said the difference in this committee is that the
membership is not appointed by the Council but by the Chairman;
only the officers are appointed by the Council.
Mr. Hartzog said he felt this Council and future Councils will
take recommendations from the groups.
Both Mr. Shriver and Mr. Sharpe, the Vice-Chairman, said they do
not see the need to change that part of the By-Laws.
Mr. Sweatt said we are suggesting that first you adopt the By
Laws, this will set into motion other activities. Shortly we
will bring an ordinance that will replace the Industrial
Development Committee. It will call for the disbanding of that
group and incorporate into the Task Force. Soon we will be
bringing a budget amendment that will transfer some monies from
the Schertz Housing Finance Corporation and the Schertz
Industrial Development Commission and will be preparing a line
item budget for Council consideration.
C. Logo - Mr. Sweatt showed a layout of the proposed logo,
saying that after a review of several, the Economic Development
Task Force is recommending this one not only for the Task Force
but for the City for letterheads, decals, etc. so that we can
speak with one voice and be identifiable. This embodies first
the slogan, that was adopted by the City Council - "The Friendly
City", the star indicating our location in the State, the outer
circle describing the City's general location from I-35 to I-10,
"Corridor of the Future" representative of where we feel we are
going on I-I0 and I-35, and the airplane an identification of the
air base. The colors represent strength and will be striking on
our decals they will be very noticeable. We believe this
speaks of our strength and clarity.
Mrs. Marsh said she felt this would present a positive image of
the City - it is simple but says what we need to say.
After Council discussion, the concensus was to go with what was
presented.
Mr. Hartzog then asked about the logo that was presented by a
couple of city employees. He suggested saving this as a possible
mural. Mayor Sawyer agreed and said it could be the City's Coat
of Arms.
Mr. Hartzog al so suggested having Certificates of Appreciation
for those that have served on the Industrial Development
Commission and the Schertz Housing Finance Corporation.
'7 Discussion of ambulance chassis bids.
Mrs. Krause explained that only one bid was received from
Inc. of Seguin, Texas, in the amount of $30,000. These
al so submitted an al ternate bid to include a trade in,
amount of $28,500.
W & W,
people
in the
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Mr. Sweatt said there are some possible uses for the old chassis;
however we are recommending the alternate bid with trade in.
Mayor Sawyer asked that this item be placed on the next agenda.
'8 Discussion of TML Legislation Report.
Mayor Sawyer said he thought Mr. Baldwin asked to speak on this
item.
Mr. Baldwin referred to the TML letter in which Frank Sturzl,
Executive Director, said he is encouraging everyone to support
legislation that would create sales tax on out-of-state mail-
order sales. Mr. Sweatt advised that Mr. Sturzl also sent
suggested letters to be sent to the local Chamber of Commerce and
one to local merchants to favor this Bellas Hess legislation.
Mr. Hartzog asked if Council wanted to go with a resolution of
support on this issue and send it to our representatives. He
also suggested a resolution of support on the Morales proposal of
a constitutional amendment requiring the state to pay for
programs which it mandates.
Mayor Sawyer said one we do not want to support is the police and
fire Civil Service, this would be bad for small cities
especially.
At this point, Mayor Sawyer called for a short recess at 8:00 p.m
The Workshop was reconvened at 8:05 p.m.
Mr. Hartzog mentioned that when he had a business in another
city, he had to get a permit for vending machines. This was to
offset what they did not pay taxes on in the machines. Mayor
Sawyer said he would be willing to bring up again about permits
on vending machines. Mr. Sweatt said he would get more
information on that.
Mr. Hartzog said he felt the Council should support the "Stay in
School" program as presented in San Marcos. He said he felt it
was a good program.
Mr. Sweatt said he would strongly suggest Council pass a general
resolution opposing those bills that would erode the City's
authority especially on fire and police.
#9 CITY MANAGER'S REPORT: A. Mr. Sweatt passed around
some photographs showing the amount of trash involved in our
Spr ing Cleanup. There seemed to be more material outside the
dumpsters than inside. He said we have had good cooperation with
Moore Industrial Waste. The pictures do point out there is
always abuse of the privilege.
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Mr. Hartzog said he noticed people going through the stuff by
opening the back and leaving a mess.
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Mr. Baldwin suggested just advertising the cleanup in our
newsletter and on the water bills. This may cut down on the out
of town people uSing our dumpsters. Also the man that lives
next door to the the dumpster on Bubbling Springs said that last
year people would drive though his yard. Mr. Sweatt suggested
that maybe next year we could see if people could go directly to
the land fill.
B. There is bad news on our sales tax. We are 35% below last
year. Overall we are only 5.9% below comparable period of last
year. It is alarming.
C. the Boswell-Niemietz Properties has invited Council to an
open house at their location at 800 Jack Hays on April 28th from
3 to 6 p.m. Also remember SAFES 15th Birthday party in the park
on the 22nd of April.
D. Presented a landscape plan for the Municipal Complex
property, saYing that he hopes that within one to one and a half
weeks to get the final plans and develop cost estimates to
Council. This is to identify location and needs of landscaping
for donation purposes.
# 10 ITEMS BY COUNCIL: Mr. Aauilar said he received a
letter from the Corridor Council saying they will cancel the
April meeting and may meet sometime in Mayor June.
Mr. Hartzoa: A. He noticed in the paper that a number of cities
participated in the leak detection with the Aquifer. He asked if
Schertz was on schedule for that. Mr. Sweatt advised that was a
part of program of grant monies and we did not put in a bid for
that item.
B. Just north of the animal shelter he notice that fill is being
put into the creek. He said several years back this was a
violation of the flood plain. There is a sign saYing "clean
fill" . This needs to be checked out and Council brought up to
date on that.
C. Where do we stand on the "Texas First" with Southwestern
Bell. Mr. Sweatt said no action has been taken. He said it is
his recommendation that the City should participate in the rate
case. Mr. Sweatt said he would have further information on the
rate case for the next meeting.
D. What is the status of the Garden Ridge case. Mr. Sweatt said
we are still waiting. He believed the Judge's father passed away
causing a delay.
E. Tonight there are three students from the Samuel Clemens
Government class. In past years the City had a Government Day
and he felt it was a good project.
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Mrs. Stanhope: A. The Humane Society is sponsoring Dog Dip the
second saturday of each month from 10:00 a.m. to 1:00 p.m.. Only
$4 donation.
B. The storage shed door at the shelter is just hanging by the
top hinge. Is there any projected upgrading of the shelter? Mr.
Sweatt said there is no money other than the budgeted amount.
Mrs. Stanhope suggested Council make another tour of the City
departments. Mayor Sawyer said that usuall y takes place after
the election.
Mr. Sweatt said it is clear to everyone that there is a need to
relocate the shelter. Mayor Sawyer suggested Mr. Sweatt hire a
professional to help get rid of the rats at the shelter.
C. The Humane Society is planning a garage sale. If anyone has
any donations, please contact Mrs. Tereletsky. They also plan a
Hoedown in July.
E. What about the widening of Jack Hays and F.M. 78.
Mr. Sweatt said the Highway Department is planning the schematic
for the right of way and they will be responsible for the right
of way acquisition for Jack Hays. As far F .M. 78, the Highway
Department is working on alternate plans. We have contacted the
the railroad and all of our utilities are taken into
consideration as for what the rights of way will accommodate.
When the plans are finished, our work will begin, what with some
building involvement and right of way acquisition, and parking
concerns. There is not a lot we can do until their plans are
complete.
F. After the blackout emergency, there was suppose to be a
generator ordered for City Hall. Has that been ordered or
purchased? Mr. Sweatt said we have a small generator that will
service a portion of the police department. We have funded a
portion for a new generator but do not have enough funds. We
hope to add to this fund from next year's budget. We can run the
emergency console with our current generator.
G. What about police communications?
Mr. Sweatt said we have the plans but not the money. We have
identified approximately $29,000 of equipment that is needed.
H. Are we still in negotiations with New Braunfels for a sewer
line?
Mr. Sweatt said yes, they have made offers and we are at a point
of reducing understandings to a preliminary draft to the New
Braunfels Utility Board to review and once they review it, to
bring to the City Council to review. We believe that this will
be the best option open.
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I. Are there any further plans on the streets in Deer Haven?
Mr. Sweatt said we are still aware of the proposed differences of
opinions as to what should be done in the location.
J. Are we looking at any further well sites or sources of water?
Mr. Sweatt said as discussed the Bond issue provided funds for a
site and test well. As a result of Selma's refusal of allowing
us to drill a well, we retracted that plan. We discussed with
you the alternative of the immediate need of additional pumping
at Deer Haven tank site. We propose to do that and set aside
temporar il y the additional well site until there is additional
development along the I-35 area.
K. Do we have a poster policy - advertising poster at City Hall.
Mrs. Krause said we normall y onl y put up ones that pertain to
Ci ty functions because we do not have any space for all the
request that are received.
L. There is a channel that goes between two homes on Bubbl ing
Springs Road and Dartmoor and there is no way for water to get
out. Mayor Sawyer said we worked on that several years ago. We
need to get a earth mover down there because the engineer
designed that to drain into Bubbling Springs Road. The water
pools in these people's back yard and stays for days.
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Mayor Sawyer asked the City Manager to have Mr. Graham look at
this and find out what kind of solution they can come up with.
M. Just a comment, when she left the meeting on Tuesday night a
citizen approached her with a problem with sprinklers and Mr.
Bierschwale was very kind to him took care of it.
Mr. Baldwin: A. Said he was getting a lot of flack from people
about gravel that was left on the streets from the seal coating.
Mr. Sweatt said that renting the sweeper created such dust that
we removed the worst of the gravel and then stopped. As hot
weather sets in, we are going to see if the bleeding will take
care of it.
B. Mr. Baldwin remarked that someone had asked him why Schertz
never has any crimes listed in the police blotter column in the
papers.
Mr. Sweatt said that different news media come in every week and
look at the police reports and they are in the papers at times.
Mr. Greenwald: A. What about the acquisition of police cars.
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Mr. Sweatt said delivery is now expected by the middle of May.
The last excuse given us was that due to man power problems in
their office, they did not process the paper work as early as
they should have done. We will offer them the opportunity of us
shipping all of our materials bought for the new cars down there
for them to install at no charge. Do not know if they will
select that option.
B. Get the police to take a look at the intersection of
Gettysburg and Westchester. Primarily high school kids cutting
across the corner. It is a real traffic hazard and there is
gOing to be a wreck there.
#11 ITEMS BY MAYOR:
Mrs. Richard Harris to a
in memory of Richard on
Classroom Building.
A reminder that Council is invited by
ceremony commemorating the scholarship
April 25th at 6:00 p.m. in the Law
B. At the next Council meeting we will honor some of our
volunteers.
C. For those that might have missed the Opening Day of BVYA, we
all had a real good time.
# 12 ADJOURNMENT: There being no further business to
discuss, Mayor Sawyer declared the meeting adjourn d at 9:09 p.m.
ATTEST:
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