ccreg 04-05-1988
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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:
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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.
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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: