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ccreg 04-05-1988 ;- 79 REGULAR MEETING OF THE CITY COUNCIL APRIL 5, 1988 The Schertz City Council convened in Regular Session, Tuesday, Apr il 5, 1988, 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, presiding; Charles B. Sharpe; Hal Baldwin; Ray Stanhope; Adolph Aguilar and Ken Greenwald. Staff present were City Manager Jimmy G. Gilmore and City Secretary June G. Krause. Before starting the regular agenda items, Mayor Sawyer introduced Mr. Ed Thorpe of the Rotary Club for some awards. Mr. Thorpe explained that the Rotary motto is "Service Above Self" so they carne up with a project of honoring volunteers of each community. They had asked the cities for nominations. He said they would like to recognize these individuals and one of them was just a tad better qualified for the award. He first called Mr. Merwin Willman, who had served on the Urban Renewal Board in 1973, 4 years on the Board of Equalization and 9 years on the Planning & Zoning Commission. In addition he makes wooden toys and donates to charitable organizations for fund raisers. Mr. Thorpe then presented a certificate to Mr. Willman. Next he called Councilman Chuck Sharpe, explaining that he had served as the Chamber of Commerce Director, on the Economic Development Committee, the Schertz Business Club and more recently as Chairman of the Guadalupe County Appraisal District. Mr. Sharpe was also presented with a Certificate of Appreciation. The third award went to a gentleman who conceived and developed "Operation Grapefruit". He has been collecting and distributing grapefruit to the senior citizens for over 13 years. In 1987 alone he delivered over 1000 tons of grapefruit to approximately 127 organizations weekly. He puts in about 25 hours a week during the season. Mr. Cecil Tilgman was then award a plaque for the Outstanding Volunteer for the City of Schertz. Mayor Sawyer said that on behalf of the Council and staff he w~nted to thank the Rotary organization for honoring some of our cltlzens. Mayor Sawyer then presented a proclamation to Mr. Torn Funk proclaiming April 3-9th as "SAFES EMS WEEK" in honor of their fourteenth year of volunteer operations. Mayor Sawyer also read and presented a proclamation to Mr. Reese of the Veterans of Foreign Wars proclaiming May 1, 1988 as "LOYALTY DAY". Mayor Sawyer announced that the VFW would be dedicating the flag pole and flag at the Fire Station on May 30, 1988. ~ 80 \ PUBLIC BEARINGS: A. Joint Public Hearing with the Planning and Zoning Commission to receive input on a request by the Knights of Columbus to rezone 2 lots between Schertz Parkway and Pfeil Street. Mayor Sawyer turned the hearing over to Mr. Bob Andrews, Chairman of the P&Z. Mr. Andrews first explained the purpose of the public hearing and then the procedures as being to first get input from staff, then input from the Knights of Columbus, then would hear comments from the citizens. Mr. Steve Simonson advised that 31 letters had been mailed to surrounding property owners, with one returned in favor and one returned against tfie proposal. No other communications were received from owners. Mr. Simonson advised that there is water and sewer service to these lots. A representative of the Knights of Columbus then showed a drawing of the 2 lots and how they planned to utilize the property and the rezoning request as Lot 1 Neighborhood Services on which they plan to build the hall for the Knights and Lot 2 to General Business. Mr. David Leal of 894 Brooks Avenue asked what the used for and was told the Knights will conduct meetings there and will be used for weddings, other public functions, including bingo games. hall would be their business recreation and Mr. Andrews told Mr. Leal he could corne into the office and asked questions like that but this hearing was strictly for zoning. Mr. Leal then asked about the traffic that would be generated and was told that the entrance would be from Schertz Parkway. Mr. Riffell asked if there would be any mobile homes and was told that was in the next public hearing. Mr. Dickie George questioned the noise level from bands for the wedding receptions, etc. , stating that is now a quiet neighborhood and she would like for it to remain that way. Mr. Martinez of the Knights of Columbus said they will be complyinq with all city ordinances and will try to get most of the traffic on Schertz Parkway. He also said 1f anyone had any problems to please call them and they would certainly work with the citizens. Mr. Leal was concerned about car lights shining into their homes as cars went into the parking lot. Mr. Martinez said he did not see that there would be any more than they now have with the school fields being used for ball games. (/ 81 Mr. Andrews closed the public hearing, saying that the Planning and Zoning Commission has ten days in which to make a recommendation to Council. B. Joint Public Hearing with the Planning & Zoning Commission to receive input on the reconfirmation of zoning surrounding Schertz Parkway from Pre-development to General Business, Mobile Home and Single Family Dwelling districts~ After Mr. Andrews opened this public hearing, he called on staff for their report. Mr. Simonson said that 103 letters were sent out to surrounding land owners and five replies were received - all of them agreeing with the zoning. There were no negative replies received. Mr. Andrews reiterated that this is reconfirming acreage as the land was or ig inally zoned in 1984. Windy Meadows was already built. Mr. Powers of 309 Lori Lynn said that the people on Oak Street have an 8 foot privacy fence between then and the park. He asked if the people living on Lori Lynn could get such a fence. Mr. Joe Worley of 213 Lori Lynn said the trailers are against the easement and only about 15 feet from his back door. He said he put up a 6 foot privacy fence but it doesn't do any good. Mr. Dietz of Fawn Drive said that there is 5 acres behind Deer Haven as R-I. He said he would like to see more R-I behind Deer Haven. Mr. Steve Jackson of 904 Fawn Drive said he did not want to see just 5 acres zoned R-I. He said he did not want little houses next to his house. He said he wanted to buy land and donate it to the City to put in a cul-de-sac because people use his dr iveway as a turn around. The police can't do anything about it. He said he wanted to change R-l to more than 5 acres. Mr. Worley said at the time this was zoned he did not get a letter. Mr. Simonson said we used the same list this time that was used before. Mr. Ackermann said he did not have anything on zoning but did want to talk about the load limit. Mr. Andrews said he was sure the Council would hear him after the public hearing. Mr. Baldwin asked what would be the problem in enlarging the R-I. Mr. Andrews said when P&Z makes their recommendation back to Council they will take that into consideration. Mayor Sawyer said the people's concerns would be looked at by P&Z. He said the people have to tell Council what they have in mind. ~ 82 \ Mr. Andrews then closed the public hearing at 7:34 p.m. and Mayor Sawyer called for a short recess. The regular meeting was reconvened at 7:43 p.m. BOARD OF ADJUS~RT: The City Council, sitting as the BOA, to consider a request by J.D. Marks for a variance to Ordinance 87- H-25 on enclosure of junk or salvage yards. Mayor Sawyer said that Mr. Marks has a yard on F.M. 1518. Mr. Greenwald advised the ordinance requires an 8 foot privacy fence or opaque screening. Mr. Marks has natural screening with his shrubs and trees and he has asked that this constitute a fence. He will do some work on the gate area. Mr. Aguilar added that because of the lay of the land, it makes it difficult to fence. Mr. Baldwin said that in the event Mr. Marks does not make the gate or keep up the shrubs, what then? Mr. Greenwald said he must maintain the screening; and if not, then the variance would be canceled and he would have to comply with the ordinance. Mr. Greenwald moved to approve the variance on ordinance 87-H-25 on junk and salvage yards to Mr. Marks. Mr. Stanhope seconded the motion, which carried with the following vote: AYES: Councilmen Sharpe, Baldwin, Stanhope, Aguilar and Greenwald. NAYS: None #1 APPROVAL OF KI~ES: A. Special Meeting of 3-9-88 and B. Regular Meeting of 3~15-88. Mr. Sharpe moved to approve the minutes of the Special Meeting of March 9, and the regular meeting of March 15, 1988. Mr. Baldwin seconded the motion, which carried as follows: AYES: Councilmen Sharpe, Baldwin, Stanhope, Aguilar and Greenwald. NAYS: None #2 BEARING OF RESIDERrS: Mr. Sharpe introduced Mr. Mike Morris of the Guadalupe County Appraisal District. Mr. Morr is said he was present for three reasons. First to associate a name with a face. He assured Council and citizens that he and the members of his staff stand ready to answer any questions. The second reason was to solicit on behalf of the Board of Directors, of which Mr. Sharpe is Chairman, and his ( 83 staff input with respect to improvements of the District and to encourage everyone to contact them. The third reason for his visit was to invite Council to the Board meetings on the first Monday of each month at 7:~~ pm at 3~~~ North Austin Street in Seguin. Mr. Morris went on to say that since he was not expected at this meeting, if anyone formulates any questions to please ask them of any Board member or pass them on to Mr. Gilmore or invite him back to give the appropriate answers. Mr. Baldwin asked if the entities were going to have the roll ready by July 24th this year. Mr. Morris said he felt that was a reliable date, as the Board has approved the final supplement and he felt all the entities had received all the adjustments. Mayor Sawyer thanked Mr. Morris for corning. Mr. Malford Ackermann said he had to cross the Parkway every day and the City has a load limit of 6000 pounds and if he has a load on his pickup it will weigh more than that. He asked Council to reconsider the weight limit, saying that even the school buses weight more than that. Mayor Sawyer advised that the ordinance is being revised to cover the entire Parkway. Mrs. Doris Courtney addressed Council on her concern of what she considered an existing situation in the operation and management of the Schertz Police Department. She indicated she felt there was a grossly excessive turnover rate of personnel. She questioned if it was the salary structure or the day to day management of the department. She went on to say that it seems that somewhere around the two year point many officers have been forced to choose between resignation or termination. She also expressed concern over the treatment of citizens. Mrs. Courtney suggest Council investigate this department and suggested the best way would be through the establishment of an Ad-hoc investigation Committee. Mayor Sawyer thanked Mrs. Courtney saying that if Council has any problem they will take the appropriate action at the right time. He said staff did investigate some of her allegations and found nothing to take us to court with. Mr. Sawyer said he would admit that an increase in pay is well in line and he hoped Mrs. Courtney would be in the forefront for a substantial increase in taxes for pay raises. Mr. Baldwin said he was concerned about salaries but would like to discuss that and the four year tenure at a workshop. Mr. Gilmore said he made an observation that it may be better that we do have turnover every four years. There is no policy to encourage that. '~ 84 \ Mr. Stanhope asked the City Manager to give him a list of the policemen who had resigned over a four year period. Mr. Aguilar said that in regards to the four year turnover, there is no place for the man to go in our department. He said he felt there should be some revamping of the department so that a person would not have to resign. Mr. Sharpe said there is some definite room for increases in salaries but some use Schertz as a stepping stone to go on to the State. He said if everyone stayed for 19 years, some would still be in the same job. Mr. Sharpe said what Mr. Gilmore was saying was that you want some degree of turnover within four years. Mrs. Courtney said she still felt the need of an Ad-hoc Committee to investigate the police department. 13 BID AMARDS: A. Consideration of awarding bid on a 1- ton pickup. Mr. Stanhope moved to award the bid on the one-tone pickup to Smi th Motor Sales, in the amount of $l~, 33~ .IS. Mr. Greenwald seconded the motion, which carried with the following vote: AYES: Councilmen Sharpe, Baldwin, Stanhope, Aguilar and Greenwald. NAYS: None B. Consideration of awarding bid on Police CODDUnication TLETS. Mr. Gilmore said two bids were received and staff was recommending the low bid from Layton and Associates. They are bidding on a system that can be built on. Mr. Stanhope asked if the dispatch office was going to be enlarged and Mr. Gilmore said plans are being drawn now. Mr. Baldwin moved to award the bid to Layton & Associates for $6,729 for the TLETS system. Mr. Stanhope seconded the motion, which carried with the following vote: AYES: Councilmen Sharpe, Baldwin, Stanhope, Aguilar and Greenwald. NAYS: None 14 AUDIT: Consideration of approving the 9-39-87 audit. Mr. Ed Thorpe of Melick, Thorpe and Armstrong, advised those present that he had briefed Council on the audif at the previous workshop in detail. The State does make requirements of the City. In their management report, Mr. Thorpe brought out some problems in the Tax Department and inventory, stating that corrections had already been implemented. (/ 85 Mr. Aguilar asked if Mr. Thorpe did say that the problems have been taken care of and Mr. Thorpe said they have. Mr. Sharpe brought out some changes that needed to be made; such as the year on page ix, on page 6 the 1986 totals as of 30 September 1986 do not agree with last year. Mr. Thorpe said they really do but some of the figures were moved. Mr. Sharpe said that undesignated monies. proceeds. On page 74 not been updated. Mr. Stanhope moved to approve the audit report as of 9-30-87. Mr. Greenwald seconded the motion. on page 32 there is a large increase in Mr. Thorpe said that was due to bond some of the individual bond amounts have Mr. Aguilar reminded that this was to include the corrections. Mayor Sawyer called for a vote on the motion before Council and motion passed with the following vote: AYES: Councilmen Sharpe, Baldwin, Stanhope, Aguilar and Greenwald. NAYS: None #5 APPOINTMENTS: Consideration of appointing Mrs. Sharon Fruge to the Housing Authority Board of Commissioners. Mayor Sawyer explained that the appointment was for the remaining portion of Ann Vick's term, after she resigned. Mr. Baldwin moved Authority Board. carried as follows: to Mr. appoint Sharon Fruge to Greenwald seconded the the Housing motion, which AYES: Councilmen Sharpe, Baldwin, Stanhope, Aguilar and Greenwald. NAYS: None #6 ORDINANCE: Mayor Sawyer introduced an ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS, BE AMENDED BY REVISING SECTION 18-76 MAXIMUM LIMITS ON SPECIFIC STREETS, OF SAID COD4E; PROVIDING SPEED LIMITS ON FARM TO MARKET 3009/JACK HAYS BOULEVARD; REPEALING ALL ORDINANCES IN CONFLICT; AND DECLARING AN EMERGENCY. ~ 86 \ Mr. Greenwald moved to approve the emergency consideration of an ordinance setting speed limits on Jack Hays/ F .M. 3009. Mr. Stanhope seconded the motion, which carried as follows: AYES: Councilmen Sharpe, Baldwin, Stanhope, Aguilar and Greenwald. NAYS: None Mayor Sawyer advised that we cannot set speed limits on state roads, that Council is passing on what the State has set to empower our police to monitor speeds. This is still not the speed limit we would like but is a start. Mayor Sawyer then thanked all the people for writing their representatives on this matter. #7 ORDIRARCE: Mayor Sawyer introduoed an ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES BE AMENDED BY REVISING SECTION 7 1/2-12 ENFORCEMENT INTERPRETATION (a) AND ADDING (c) CONFLICT; SECTION 7 1/2 -14 PERMITS REQUIRED, ETC. (e) FOOD ESTABLISHMENT FEES AND ADDING (3), REINSPECTION FEES. Mr. Greenwald moved to approve the first reading of an ordinance updating the Health ordinance and allow for reinsl2ection fees. Mr. Baldwin seconded the motion, which carried as fo~lows: AYES: Councilmen Sharpe, Baldwin, Stanhope, Aguilar and Greenwald. NAYS: None 18 ORDIRARCE: Mayor Sawyer introduced an ordinance and read the caption as follows: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS, CHAPTER 19 WATER, SEWERS AND SEWAGE DISPOSAL BY ADDING ARTICLE VI NEW AND ABANDONED OR DETERIORATED WELLS; PROVIDING A PENALTY AND REPEALING ANY ORDINANCE IN CONFLICT. Mr. Sharpe moved to approve the first reading of an ordinance establishing regulations for drilling wells and plugging abandoned or deter iorated wells. Mr. Stanhope seconded the motion, which carried with the following vote: /- ( 87 AYES: Councilmen Sharpe, Baldwin, Stanhope, Aguilar and Greenwald. NAYS: None #9 ORDINANCE: Mayor Sawyer introduced an ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE ZONING ORDINANCE NO. 87-S- 1 BY REZONING3.B17 ACRE TRACT OF LAND OUT OF GUADALUPE COUNTY FROM R-2 TO GENERAL BUSINESS (GB) AND NEIGHBORHOOD SERVICES (NS) AND REFLECTING SUCH CHANGE ON CERTAIN ZONING MAPS IN ACCORDANCE WITH THE SCHERTZ 'ZONING ORDINANCE. Mr. Stanhope move to table this item until Council can get a recommendation from Planning & zoning. Mr. Baldwin seconded the motion, which carried as follows: AYES: Councimen Sharpe, Baldwin, Stanhope, Aguilar and Greenwald. NAYS: None Mr. Sawyer said it was a pleasure to all the members of the Knights of Columbus present. Mayor Sawyer also recognized Mrs. Dick ie George, who had just been named "Outstanding Woman of the Year", saying it was a pleasure to see her. #10 CITY MANAGER'S REPORT: A. If bad weather does not interfere, Schertz Parkway should be ready to open after the ISth of April. It has been reported the Baptist Church are planning a 6 K run, in which they plan on about 300 participants. It might be that this could be incorporated into the opening of Schertz Parkway. Mayor Sawyer announced that the City is planning on a grand opening on Schertz Parkway when completed. This is the most important development the City has had in years. He reminded everyone that developers paid for almost all of this parkway. Mr. Sharpe said he thought the concept was to get some developers out of San Antonio to be invited to the grand opening. ill ITEMS BY COUNCIL: A. Mr. Sharpe asked if we had gotten any clarification concerning the trees in Deer Haven. Mr. Gilmore said not as yet. ~ 88 \ B. Mr. Sharpe announced that the Randolph Chamber of Commerce and Rotary Club are having an auction at the Blue Bonnet on April 17. There will be lots of fun, with food and drink booths. Mr. Aguilar announced that the library has just completed a new section to their building. Also the Genealogy Group that had been meeting at Randolph will now be meeting at our library. They have donated a set of reference books. Also the Library Book Sale will be this Fr iday, Saturday and Sunday. Mr. Aguilar invited everyone to stop by and help out the library by getting yourself some good books. Mr. Greenwald announced the TML Regional meeting in Boerne on the 22nd of April and suggested everyone notify Mrs. Krause if they are going so that reservations can be made. 112 I'rBIIS BY MAYOR: On April 7th will be attending a meeting of the Lone Oak Crime Watch Association and was invited to be a Judge at the Sweetheart Ball at Randolph. #13 ADJOURNMENT: Mr. Aguilar moved the meeting be adjourned at 8: 36 p.m.,' the motion was seconded and unanimously carried. ATTEST: