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REGULAR MEETING OF THE CITY COUNCIL
JULY 18, 1989
The Schertz City Council convened in Regular Session, Tuesday,
Jul y 18, 1989, at 7: 00 p. m. in the Council Chambers of the
Municipal Complex, 1400 Schertz Parkway, Schertz, Texas. The
followinq members were present: Mayor Earl W. Sawyer, presiding;
Earl P. Hartzog; Barbara Stanhope; Mary Marsh and Ken Greenwald.
Absent: Hal Baldwin. Staff present were City Manager Kerry R.
Sweatt and City Secretary June G. Krause.
# 1 APPROVAL OF MIIiUTES: A. Special Meeting of 5-3l,
Regular Meeting of 6-6 and Special Meetinq of 6-14, 1989.
Mr. Hartzog moved the minutes of the Regular
and the Special Meetings of May 31st and
approved. Mr. Greenwald seconded the motion,
the following vote:
Meetinq of June 6
June 14, 1989 be
which carried with
AYES: Councilmembers Hartzog, Stanhope, Marsh and Greenwald
NAYS: None
#2 HEARING OF RESIDENTS: A. Mr. Joe Niland of 1033 Live
Oak Road addressed Council, sayinq he has been a resident of
Schertz for 20 years. He said this is the first opportunity he
has taken to come forth, and he feels the City has some very fine
people on the staff. He said it was a pleasure to him to be able
to call this City home, and he wanted to especially thank the
people who pick up limbs and chip them - they do an outstanding
job. Mayor Sawyer said it was a pleasure to have Mr. Niland
address Council because they feel the same way about City
employees.
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B. Mr. Jerry Hennig of 1414 Circle Oak reserved time for item #9
C. Mary peralto said she did live on Williamsburq but recently
moved to Cibolo, but her business is in Schertz. Mrs. Peralto
said she would like the Council to sponsor the swim team they are
trying to qet sanctioned. She advised that a swim team can
benefi t all concerned by developing strong bodies, good
sportsmanship and self confidence. The coaches are committed by
giving of their time. She asked the Council to expand the youth
proqram by sponsorinq a swim team.
Mayor Sawyer said this will be discussed at workshop and will be
discussed during the budget work sessions. He told Mrs. Peralto
that Mrs. Marsh was now seekinq private sponsorship.
D. Mr. J.L. Stewart reserved time for item #9.
E. Mr. Ron Quiros, Juvenile Probation Officer for Guadalupe
County gave an annual report of his office activities. During
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the last year 67 cases were handled, with an average monthly case
load of 39. Presentations have been made to Dobie and corbett
schools, Randolph Metrocom Optimist Club, Concerned Parents
Coalition, Lone Oak Neighborhood Crime watch.
Law Enforcement has grown with leaps and bounds: have trained
individual officers on Juvenile law; written new Juvenile Policy
wi th approval of Chief Agee; 24 hour availabil i ty to pol ice
department; have accompanied officers on patrol to assist and
train them on juvenile procedures and how to deal with a juvenile
in the field; have excellent working relations with the police
department; and have coordinated law enforcement training for
area personnel in Satanism and the Occult.
He has developed and worked with the following new programs:
Victim Impact Program; Youth Crisis Shel ter; Concerned Parents
Coalition; student assistance Program Advisory Board; is now in
discussion with Chief Agee on attaining a Federal Grant for a
full-time Juvenile Officer, have advised and helped parents with
problem children; and has established a Teen Court for
Misdemeanor offenses. This all has resulted in increased
Community support; increased services to the community; increased
delinquency prevention services; increase in accountability of
juveniles for crimes; increase in joint cooperation with area law
enforcement; increase in publ ic relations with area and state
agencies.
He ended by saying the growth in population will mean growth in
need for services and expansion to the probation department in
the Schertz area. The initiative that the City of Schertz has
taken in providing for a Juvenile Probation Officer in their
communi ty has provided new, innovative services that cold not
otherwise have been achieved. The future for the City of Schertz
and the Guadalupe County Juvenile Probation Department working
together to better this community is a sign that they are people
that still care about today's youth and their families.
#3, #4 and #5 ORDINANCES: Mayor Sawyer advised that staff
recommended these three items be skipped over as they have to
be scheduled for public hearing before action can be taken.
Mr. Hartzog moveg to delete items #3, #4 and #5 from the agenda
and schedule them for public hearing. Mrs. Marsh seconded the
motion, which carried with the following vote:
AYES:
NAYS:
Councilmembers Hartzog, Stanhope, Marsh and Greenwald
None
#6 ORDINANCE: Mayor Sawyer introduced an ordinance and
read the caption as follows:
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AN ORDINANCE BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS, PROVIDING THAT THE CODE OF
ORDINANCES BE AMENDED BY REVISING SECTION 2-
11 PROVIDING FOR NON LIABILITY IN CLAIMS FOR
PROPERTY DAMAGE OR PERSONAL INJURY.
Mr. Greenwald moved to approve the first readinq of an ordinance
amending the Code on non liability of claims. Mr. Stanhope
seconded the motion, which carried with the following vote:
AYES: Councilmembers Hartzog, Stanhope, Marsh and Greenwald
NAYS: None
*7 FRANCHISE AUDIT: Consider and take action on apPointing
Melick, Armstrong & Vauqhan, P.C. as representative to examine
accounting matters of specific franchise holders.
Mr. Sweatt advised this item was discussed in WorkShop and Mr.
Melick is present to answer any questions. This allows for the
firm to be engaged by the City of Schertz to examine records of
franchise holders to see if any errors or miscalculations had
occurred. This would deal with past accounts for approximately
three to five years. The aqreement provides that fees will be
paid only if fees are collected; if no additional monies are owed
the city, no fees would be paid.
Mr. Hartzog moved to authorize Melick, Armstrong and Vaughan to
represent the City in examininq accountinq matters of specific
franchise holders. Mr. Greenwald seconded the motion, which
carried with the following vote:
AYES:
NAYS:
Councilmembers Hartzog, Stanhope, Marsh and Greenwald
None
*8 AUDIT SERVICES: Consider and take action on selection
of independent audit services for fiscal year ending September
30, 1989.
Mr. Sweatt advised that he and the Audit Committee have reviewed
the proposed aqreement with Melick, Armstronq and Vauqhan for the
purpose of serving as independent auditors for the City of
Schertz for year ending September 30, 1989. He said they believe
the firm has provided similar services in the past and they are
now recommending the firm be retained for this audit.
Mr. Hartzoq moved that Melick, Armstrong and Vauqhan be retained
to make the independent audit for the City for fiscal year ending
September 30, 1989. Mrs. Stanhope seconded the motion.
Mrs. Marsh asked that dur inq the audit that any abnormal i ties,
anomalies or problems be brought forward to the Council and
Staff.
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Mr. Sweatt said he and Mr. Melick had already discussed comments
about additional audit techniques and increased service and
information and are perfecting procedures for reporting to the
Council.
Mayor Sawyer then called for a vote on the motion before Council,
with the motion carrying as follows:
AYES:
NAYS:
Councilmembers Hartzog, Stanhope, Marsh and Greenwald
None
#9 DRAINAGE STRUCTURE DESIGN: Consider and take action
regarding drainage structure design at FM 3009 and Circle Oak.
Mayor Sawyer reminded Council that two people had reserved time
to speak on this item but first he asked Mr. Sweatt to give a
little background on the structure.
Mr. Sweatt briefly went over the background of the current
drainage structure. The subdivision was originally developed
outside the city limits. The existing structure was approved by
the County. The current drainage structure at Circle Oak and FM
3009 was designed for apparentlY a five year storm or less. As
the area was annexed in 1971, additional development was proposed
and the City reached an agreement with Mr. Simmons that if
improvements were made by the developer to the structure at Crest
Oak so that additional ingress and egress could be achieved, the
City would assume responsibility for drainage upsizing of the
facilities at Circle Oak. In 1978 Crest Oak and the apparent
less than standard drainage structure was constructed by the
developer.
In 1987, as a result of a significant planned development in the
I-35 area, the development of a master plan for drainage in that
area dictated the enlargement of the drainage structure under
Jack Hays Boulevard. The State Department of Highways and Public
Transportation, Barshop Property and the City came to a number of
agreements that would increase the drainage structure under FM
3009, with the City placing a new structure at Crest Oak, which
as it existed would act as a darn if no improvements were made.
As the planning of FM 3009 has proceeded, the design standards
and engineering recommendations, we find the following
alternatives for Circle Oak work: (a) a 10-year storm frequency
at an estimated cost of $31,000 (b) a 25-year frequency design of
a flat slab bridge construction, estimated cost of $48,121 or (c)
a 100-year storm design would require a major bridge, or massive
mul tiple box culverts, additional right of way and substantial
channel excavation, estimated cost exclusive of right of way is
$168,000.
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Mr. Sweatt said that based on our understanding of the design,
storm frequency and cost information and available funds, he
recommended acceptance of the multiple box culvert project, based
on a 10-year storm design frequency, provided the Highway
Department aqrees to payment of full cost.
Mr. Dale Stein, Hiqhway Department Engineer, said he fel t Mr.
Sweatt had stated the options very well. He said the 10-year
storm frequency they propose will pass the 10-year storm
frequency. With a 25-year frequency storm, it will have
approximately 10 inches of water above the roadway.
Mr. Hennig, President of the Oak Forest Subdivision Association,
said they had the opportunity to look at the design and it looks
as if it would meet their needs. He then thanked everyone
invol ved for their efforts, saying they really appreciate the
cooperation.
Mr. J. L. Stewart said that since he is the only one that has
problems with water in that area, he fel t that if the Highway
Department does not do any digqing, they are wasting their time.
They need to do more trenchinq down stream. He said that someone
came on his property and put up a stake 2 feet inside his
property and put on it "property line" without saying one word to
him. He said he would like to know what they are going to do
with the corner of his lot if anythinq.
Mayor Sawyer asked that Mr. Stewart qive the City a little time
and Mr. Sweatt would look into that for him.
Mr. Sweatt said he and Mr. Stein would be happy to meet with Mr.
Stewart. He said he did not mean to imply that there was not any
excavatinq proposed down stream, but he did not know just what it
would be at this time.
Mr. Hartzoq move to approve the 10-year storm frequency design
plan as submitted by the Department of Hiqhways and Public
Transportation at FM 3009 and Circle Oak, work to be done in
connection with the construction of FM 3009 improvements. Mr.
Greenwald seconded the motion, which carried as follows:
AYES: Councilmembers Hartzog, Stanhope, and Greenwald
ABSTAINING: Mrs. Marsh, saying that since she lives in Oak
Forest, it miqht appear to some to be self servinq.
NAYS: None
#10 PAZ APPOIRT.MENT: Consider and take action on
appointinq Jim Shriver to the Planninq & Zoninq Commission.
Mrs. Marsh moved to appoint Jim Shriver to the Planninq & Zoning
Commission. Mr. Greenwald seconded the motion, which carried
with the following vote:
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AYES: Councilmembers Hartzog, Stanhope, Marsh and Greenwald
NAYS: None
Mayor Sawyer welcomed Mr. Shriver to the Commission and thanked
him for his continuing volunteer efforts in the City.
#11 CITY MANAGER'S REPORT: Mr. Sweatt reported that the
million and half gallon storage tank on Live Oak Road is full,
the booster pump is in place, the computer control equipment is
in place, and we are awaiting licensing. The half million gallon
tank is al so full and the pump is in place. We expect the
license to be approve within 30 to 45 days.
#12 ITEMS BY COUNCIL:
to Planning & Zoning.
Mr. Hartzog:
Welcomed Jim Shriver
Mr. Stanhope: A. The Schertz Humane Society had the Jamboree the
previous Sunday and it was a fantastic success. She thanked
everyone who supported the effort.
B. The Housing Authority received their funds in the amount of
$388,000, so there will be some improvements for the senior
citizens. One of the neat things was the approval of an Arts and
Crafts building, which the seniors have wanted for a long time.
#13 ITEMS BY MAYOR:
corning to the meeting
Council.
Thanked the people from Oak Forest for
and expressing their appreciation to
Mr. Henry Gutierrez of Moore Industrial Disposal has requested to
speak to Council.
Mr. Gutierrez said that about three weeks ago he had given the
City Manager information about a 50% rate increase at BFI
landfill effective August 1st. Prior to this, they had a rate
increase of $2 per cubic yard. At this time Moore Industrial has
decided to hold off on any kind of rate increase. One reason
being that effective January 1st, they will have some State
mandated fees that landfills will collect. Also BFI, by the end
of the year, may increase the rates some more. Mr. Gutierrez
said that they feel they need to hold off even discussing an
increase to determine what is corning by the first of the year.
Mr. Gutierrez also said he was sure that everyone was aware of
the landfill application he has. He said there is no way they
can control landfill fees unless they have their own. He asked
Council to pass a resolution in support of his project, because
it would immediately cut their hauling cost by about 75% and
would be beneficial to all concerned.
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Mr. Hartzog asked the status of his application. Mr. Gutierrez
said they would be going back to public hearinq in the fall.
Mayor Sawyer asked the discussion of this resolution be put on
the next workshop aqenda.
Mayor Sawyer said Mr. Sweatt had asked him to report that our
CDBG grant applications from Bexar County for Rittimann and
Schirmerville were turned down.
# 14 ADJOURIIMERT :
at 7:53 p.m.. The
unanimously.
Mr. Hartzoq moved the meetinq be adjourned
motion was duly seconded and carried
ATTEST: