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SPECIAL MEETING OF THE CITY COUNCIL
APRIL 26, 1989
The Schertz City Council convened in Special Workshop Session,
Wednesday, April 26, 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. Hartzog; Hal Baldwin; Barbara Stanhope; Adolph Aguilar
and Ken Greenwald. Staff present were City Manager Kerry Sweatt
and City Secretary June Krause.
#1 HEARING OF RESIDENTS: Mr. Jim Shriver advised that the
Business Club is working on the 4th of July Jubilee parade.
#2 RESOLUTION: Mayor Sawyer introduced a resolution and
read the caption as follows:
RESOLUTION NO. 89-R-6
A RESOLUTION BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS, CHANGING THE NAME OF
WEICHOLD/BINZ-ENGLEMAN ROAD TO SCENIC LAKE
DRIVE
Mr. Greenwald moved to approve the resolution changing the name
to "Scenic Lake Drive". Mr. Baldwin seconded the motion, which
carried with the following vote:
AYES: Councilmembers Hartzog, Baldwin, Stanhope, Aguilar
and Greenwald.
NAYS: None
As the next item concerned a request by the Mayor, he turned the
meeting over to Mayor Pro Tern Aguilar.
#3 ZONING EXCEPTION: Mr. Aguilar advised that he would
consider a motion on the recommendation of the Planning & Zoning
Commission to approve this exception to the ordinance.
Mr. Greenwald moved to concur with the P&Z recommendation to
approve the request from Ear 1 Sawyer for an exception to the
zoning ordinance. Mrs. Stanhope seconded the motion.
Mr. Hartzog said he still feels Council is opening up a gate on
this request and will receive a lot of other requests. He said
he did not care for carports even though they are allowed in this
area.
Mr. Aguilar then called for a vote on the motion, which carried
as follows:
AYES: Councilmembers Baldwin, Stanhope, Aguilar and
Greenwald.
NAYS: Councilmember Hartzog
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Mayor Sawyer then resumed presiding over the meeting and said he
might not do the work now but he brought it up to see how he
would be treated.
#4 Discussion of 5-2-89 agenda items:
A. Acceptance of up-dated zoning map.
Mayor Sawyer advised that the change brought out by Mr. Hartzog
has been made to the zoning map.
Mr. Baldwin asked if the City had an agreement with Savannah
Square that we would not let them build two-story houses next to
Deer Haven.
Mayor Sawyer said he did not remember but it would have to be
checked.
Mr. Sweatt said although that was before he came to Schertz, he
thought the discussion was legal restrictions between Barshop and
Deer Haven. Some Council members remembered a buffer zone
between Barshop and Deer Haven but nothing about Savannah Square.
Mayor Sawyer said he thought the zoning map looks really great.
B. Final consideration of an ordinance amending the zoning
ordinance regulating wall height on accessory buildings.
There was no further discussion on this item.
C. Final consideration of an ordinance amending the Code,
Section 7-14 appointing the Fire Chief.
Mr. Sweatt advised that as was explained before, this is to clear
up some of the differences between the ordinance and charter.
'5 Discussion of engineering service agreement with Ford
Engineering Inc. for Rittimann Community Development Water
Improvement Project.
Mr. Sweatt reminded Council the City has a continuing agreement
with Ford Engineering for consulting engineering for a number of
projects; however with the advent of the Community Development
Block Grant Project with Rittimann Addition, we believe it would
be best to have a separate agreement. This would not only
satisfy the grant requirements but to expedite the funding and
grant claims under this project. We have submitted this to Bexar
County as well and will be recommending this to you for
authorization.
Mr. Hartzog mentioned that on page 9 under 4.10 paragraph there
is a blank. It says within calendar days. Mrs. Sweatt
advised that he would fill that in.
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Mr. Hartzog also mentioned that there were two pages not numbered
or out of sequence. Mr. Sweatt said he had added those pages
just for information purposes.
Mayor Sawyer said this item will be on the next agenda if no one
objects.
16 Discussion of advertising for bids on trench safety and
shoring equipment.
Mr. Sweatt said that under fairl y recent legislation we have
gained some additional responsibilities in both our own
maintenance in construction operations as well as that of
construction improvements by contractors. Based on our budget
and need, we are recommending that we be authorized to advertise
for bids on this equipment to comply with these regulations.
Mr. Hartzog mentioned that it needs to be said this is coming out
of the Water and Sewer Fund and not General Fund.
'7 Discussion of intervention in S.W. Bell Rate Case.
Mr. Hartzog said he wanted to know where the Council stands on
the "Texas First" or do we need some action if we are going to
oppose it. Mr. Sweatt said Council has taken no action. There
has been continuing rate discussion by a group of cities and the
Public Utility Commission on the S.W. Bell Rate Case. As a
result of a preliminary study with the PUC, they felt there has
been some substantial overcharges in the rate matter and
proceeded with a formal rate inquiry. A group of cities, of which
our city is a member, has generally been serving as a steering
committee group. PUC has begun a rate hearing case and have ask
a number of cities if they would intervene. We are asking that
our city file an intention of intervention. There is no cost
anticipated at this time. The "Texas First" case mayor may not
have a bearing on where these funds go. We feel we need to be
part of this investigation.
Mr. Baldwin said if we can believe what the gentleman said when
he was at the workshop, the increase will not involve the base
rate but extra services they provide. He did say they were gOing
to expand the local calling capability of cites that are close to
major metropol i tan cities. Mr. Baldwin said he fel t that was a
good idea.
Mr. Aguilar agreed if they would do it without charging a fee.
Mr. Hartzog said the people in those areas like Mar ion can do
that now if they want to pay the fee.
Council discussed some of the pros and cons of this subject.
Mr. Sweatt said he is convinced of the
investigation of their rates. If "Texas
program then it should stand on it's own.
need for a
First" is
thorough
a viable
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Council agreed for the City Manager to take steps necessary for
the intervention.
'8 Discussion of appointing Kenny Schmidt as a Reserve
Police Officer.
Chief Agee said Kenny Schmidt meets all the criteria for
appointment as a Reserve and has been with the City for about one
year. He has his license i however the Chief said he had not
planned to move him into this position quite this soon. Kenny
took his TCLOES examination quite some time ago and if we wait
any longer he would have to be tested again.
Mayor Sawyer said he had met Kenny on quite a few occasions and
he seems to have a fine attitude.
Mr. Hartzog said he understood that we were coming up with some
new procedures for Reserves. He said he could understand Mr.
Schmidt's problems but how many other people do we have waiting
to go on Reserves.
Chief Agee said the procedures on almost finalized and he hoped
to have them in place by the 15th. Ci ty ordinance call s for 25
reserves but Chief Agee said he fel t this was far to many and
planned to have approximately 10, which is a manageable number.
He said he planned to steer the reserves toward service programs.
They will be used as a second officer in a car but unless he is
told differently he will not leave a reserve in a car by himself.
Mr. Hartzog said he knew of two people who have had applications
in over six month and did not feel it fair that we are stepping
over some people.
Chief Agee said he was not sure how many applications there were
but he does know that the ones that have come in were told we
were in a hold situation.
Mr. Hartzog asked where the City would fall in working Mr.
Schmidt over forty hours a week. Mr. Sweatt said no problem as
they are unrelated duties.
19 Discussion of appointing replacement member to the
Leadership Committee.
Mayor Sawyer said that Mr. Boswell has asked that he be replaced
on this committee. Mayor Sawyer said he would like to see Mr.
Aguilar appointed because of his long leadership role in our city
and he is very capable.
Mr. Aguilar said he would accept.
'10 Discussion of soliciting bids for auxiliary generator
equipment.
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Mr. Sweatt advised that Council is aware of the need both in the
Water Department and at City Hall for auxiliary generators. We
have recently purchased a rebuilt portable generator but found it
to be unsatisfactory so it will be returned. At this time we do
not know if we have funds to purchase both units. We have found
rebuilt ones in this area and if bids come in within our
capability, we hope to buy two units. If not, we would then buy
at least one.
Mayor Sawyer said the need for the one for City Hall was brought
about by the blackout we had. The money is budgeted in the Water
and Sewer funds for one generator. We set aside the left over
revenue sharing funds for one for city hall.
Mr. Sweatt reiterated that we propose to advertise for two
reconditioned units. If the prices come in right, we will buy
both if we have the money.
Mayor Sawyer then asked Council if they wanted to advertise for
these two generators and received a general concensus to go out
for bids.
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charges.
Discussion of announced increase in cable service
Mr. Sweatt said that on several occasions the question has been
asked regarding Roger t s increase in the basic rate. Several
cities in the area are having the same discussion. We received a
letter announcing the increase. You will recall our discussion
at the time of transfer and do not think anyone was prepared that
within days an increase would be announced. Mr. Sweatt said that
our only recourse, that he could see, is an attempt to get
Congress to amend the Cable Regulatory Act. We would also
suggest communicating to Rogers parent company our displeasure.
Mr. Greenwald suggested sending a copy of the minutes of the
meeting where they said there would be no more than a 7%
increase.
Mr. Aguilar said if they provide the service, what can we say.
We could raise the franchise fee but they would just pass the
cost on to the customer.
Mr. Baldwin asked if we could cancel their contract.
Mr. Sweatt advised that there are
contract. It would be difficul t
absence of proof of performance.
several
to void
years left
a contract
on
in
the
the
Mr. Baldwin suggested getting together with the area cities about
dumping the contract when it runs out. Mr. Sweatt said that the
area cities have different contract dates.
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Mayor Sawyer asked Mr. Baldwin if he would go to the United
Suburban Cities and talk about this with them.
Mr. Sweatt suggested letting our legislators know of our sincere
concern over the way our cable is being handled.
'12 Discussion of Guidelines for changes in street and road
name within the City of Schertz.
Mayor Sawyer said he had read the guidelines and they sound good.
It should not be easy to change the name of a street.
Mr. Sweatt explained these guidelines provide that a hearing be
held before the Planning and Zoning and a separate hearing before
Council. Both hearings could be announced in one letter to the
citizens.
Mr. Aguilar asked if there is a time limit when the name would
actually be changed.
Mr. Sweatt said he supposed that
individual basis because each would
That way Council could determine
circumstances.
would be handled on an
be handled by resolution.
the time to fit the
#13 CITY MANAGER'S REPORT: When Council talked about
adopting an Economic Development Task Force, we mentioned that it
would replace the Industrial Development Committee. The
ordinance accomplishing this will be placed on the next agenda.
We thought that would be an appropriate time to make presentation
of certificates to the members of the IDC.
#14 ITEMS BY COUNCIL: Mr. Hartzoq: A. On Monday he went
to Commissioner's Court to give our support on the Austin-San
Antonio Parkway. The Commissioners Court went ahead and passed a
minute order to go ahead and at least study the proposed IH-I0 to
Seguin then into the south side of Austin Parkway. No set
location of this road has been decided as yet.
Mr. Sweatt said this was important to take this step to keep
money in the long term ten year plan process.
Mayor Sawyer said according to the newspaper, all they want to do
is study it. What Mr. Hartzog is suggesting is a resolution of
support.
B. Mr. Hartzog mentioned that he was told by a citizen that our
fee for building permit was $40 per square foot. He said he
advised that the fee was based on $40 a square foot to arrive at
the fee.
C. May 4th is Economic Development Task Force meeting and
everyone is welcome.
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D. At the Business Club meeting, he was asked the status of the
FM 78 improvements. He said he told them we have been promised
it is coming and we should start letter writing to ask the
status of this project.
Mr. Sweatt said he had asked that Mr. Stein be at the workshop
but he was unable at this time. He will be coming out soon to
give an update on the FM 78 project.
E. He had talked with Tom Weaver, of CCMA, and was told that
CCMA has made improvements so that the Lone Oak residents should
not have odors as they did in the past. Mr. Weaver told him the
1 ids for the sludge have been seal ed and odors should not be
there as much as in the past.
Mr. Baldwin mentioned that there have been a number of complaints
about trying to get out on FM 78 from Lone Oak. Mr. Baldwin said
he did not know what it takes to get alight there but it is
really needed.
Mrs. Stanhope: A. Is there anything new on the Bubbling Springs
Road stagnant water problem. Mr. Sweatt said after
investigation, we feel it will be easily resolved and are going
to take care of it. It will require engineering.
B. There will be no changes in the Dog Dip days, it will still
be the second Saturday from 10:00 until 1:00 p.m.
C. Mrs. Stanhope presented the Landscape Committee proposed
plan, saying the committee would like approval. She went on to
say once this is adopted, then they want to go out for assistance
on money. In the long range, they would like for the landscaping
plan to extend to the Cibolo Creek area. They would also like to
see a flower mosaic in front of City Hall as people drive all
around the building.
Mayor Sawyer suggested that if all the trees were purchased from
one source, they might come in and do the planting.
Mr. Sweatt said we need this plan approved so that if anyone
wants to donate money or materials, we can show what it will be
spent for.
Mayor Sawyer asked Hal Baldwin about approaching the Lions Club
about selling trees for this project.
Mrs. Stanhope said after this is approved, then Pat Casey could
do some research on costs. When we get the prices, we could have
a listing so that when people or clubs wanted to purchase a tree
they could see what and where it would be.
Mr. Sweatt added that another reason the committee wanted this
accepted now is so they could set up to receive donations.
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Mr. Baldwin: Mentioned that on Cloverleaf the City allowed a cut
in the median that lines up with the fence surrounding Lone Oak.
There is an easement there but no street and this opening make it
very dangerous when coming out of that shopping center.
Mayor Sawyer asked Mr. Sweatt to check this out.
Mr. Greenwald: A. Suggested that at the next workshop
annexations need to be discussed. There is a need to fill in the
blank spaces. One he was really interested in is the Stone Creek
RV Park.
Mayor Sawyer asked if we should first get the metes and bounds so
that it could be discussed at a workshop. He agreed that Stone
Creek RV Park does have a few problems with surrounding property
owners.
Mr. Greenwald said the Park is a four star park and the owner
already has about four rallies planned.
B. Mr. Greenwald then wished a Happy Secretary's Day to June
Krause, City Secretary.
#15 ITEMS BY MAYOR: A. Mr. Sawyer said he had received a
call from Mrs. Van Slyke of 124 Patrick Henry, who has a
complaint about a builder. She said our inspectors came out and
let the man continue but now she is having trouble getting him to
come back and complete the project. We need some type of
protection from these contractors who are taking advantage of our
senior citizens. We should black-ball the man. Mayor Sawyer
said he did not know if the City checks the bonding companies of
these contractors to insure they are a good company or not. Is
there a way that this city can protect our citizens from
unscrupulous contractors. Mrs. Van Slyke's only recourse is her
lawyer and her insurance company. She is saying it really is a
bad job and the man wi II not come back and fix it right or
complete the work.
Mr. Sweatt said we do have a requirement in our code that calls
for a bond by the contractor in the amount of $5,000. The bond
indemnifies the City from that contractor doing work in violation
of the city ordinances. Our inspectors went out and inspected
the foundation and there was no problem. Between that time of
the foundation and the time of the framing, problems began to
develop. They went back out and the contractor was not there and
has not been there since that time. They would not have passed
the framing as it stands today. It does not necessarily violate
any ordinance, it just does not appear to be good workmanship.
The contractor has pull ed off the job and apparent 1 y does not
respond to the property owner's request for anything. We just
got involved in this today. The bond is not to her benefit. Mr.
Sweatt said he asked what she wanted to be done and she wants
someone to finish the work. We will contact the bonding company
and see if they will get the contractor to finish the work.
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There is a way we can add an additional requirements so that the
property owners are furnished more bonding on their own.
Mayor Sawyer said he felt there should be a clear understanding
to the people that the bond is not to their benefit.
Mr. Sweatt said he wanted to make sure it is clear, the reason
the gentleman had the contract is that he did work for her next
door neighbor and did good work.
Mr. Hartzog asked if there was some way of getting people to put
up performance bonds or something to make the contractors finish
the job they started.
Mr. Sweatt said the one message we need to get across to the
people is to not payout more than the work that has been done.
B. Received a letter from from the Housing Authority saying they
want to add some units for the elderly. We have been assured
that they are only for the elderly.
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C. Received a letter from Frances Teran saying the next round of
CDBG funding is forthcoming. Mr. Sweatt said we have submitted
a letter requesting Ri ttimann sewer project be incl uded and be
funded from unallocated funds. We are intending to file an
application for 1989-90 funding year also. The have set up a
workshop for the middle of May of help fill out the applications.
D. Letter from AACOG, Mrs. Dutmer wants us to vote for Betty
Jean Jones to represent us. She is eligible for reelection. Mr.
Sawyer said he favored Mrs. Jones as our representative as long
as she is Mayor of Seguin, she has represented us well. Council
agreed to vote for Mrs. Jones.
# 16 ADJOURNMENT: There being no further business, the
meeting was declared adjourned at 8:52 by Mayor Sawyer.
ATTEST:
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