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ccreg 07-18-1989 226 ~ 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. r--' f L 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 .i-.J ( 227 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: \ ~ 228 '\ 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. ( 229 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. \ 230 \ 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: ( 031 /,;d .. ". 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. ~ 232 '\ 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: