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ccreg 04-19-1988 98 \ REGULAR MEETING OF THE CITY COUNCIL APRIL 19, 1988 The Schertz City Council convened in Regular Session, Tuesday, April 19, 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. Prior to the regular agenda, Mayor Sawyer presented a proclamation to Mrs. Love proclaiming Apr il 30, 1988 as "Beta Sigma Phi Day" in the City of Schertz. Michelle Tereletsky of the Human Society presented a check, in the amount of $2,0~~ to Betty Ann Kent, Supervisor of the Animal Control Department of the City. Mayor Sawyer thanked the members of the Human Society for the very generous donation. #l APPROVAL OF MINUTES: Mr. Baldwin moved to accept the minutes of the Special WO'rkshop of March 30, 1988. Mr. Stanhope seconded the motion, which carried with the following vote: AYES: Councilmen Sharpe, Baldwin, Stanhope, Aguilar and Greenwald. NAYS: None #2 BEARING OF RESIDENTS: Mrs. Courtney once again addressed Council of her concern with the day to day operation and management of the Police Department. She had previously addressed Council on these concerns but wanted to add another concern - the management and disbursement of warrant monies. Mrs. Courtney explained her appearance before Council this time was primarily regarding the handling of her previous request for the appointment of an Ad Hoc Committee to investigate the police department. Mrs. Courtney suggested there were other ways the investigation of this department could be accomplished. One being the concerned citizens of the community could encourage some "investigative reporting" by the local media. Mrs. Courtney also felt obligated to advise Council that she was in the process of circulating a petition amongst the citizens of the community that will necessitate action by the Council to establish an Ad Hoc Committee investigation as originally requested. Mr. Baldwin said he was surpr ised that an investigation was completed and brought to the newspaper. Mr. Gilmore sa~d the data available showed that it was substantiated. Mrs. Courtney said she thought that misleading, she was not trying to tell Council how to do their job but she did think the /' / 99 department should be investigated immediately and something should be done about their salaries. Mr. Gilmore related that only 16 officers have left the city since 1982. According to an AACOG report the average turnover is 22%, so we are well within the average. Mrs. Courtney again requested Council appoint an Ad Hoc Committee. Mayor Sawyer told her Council is looking at police pay; however we are in competition with the surrounding cities. The Council has expressed a desire to increase salaries in the next budget. Mayor Sawyer said he personally would like to see a good increase in pay for all our employees at the lower levels. #3 POLICE RESERVE APPOINTMENTS: Mayor Sawyer explained that although we have another, besides the ones listed on the agenda, to appoint; he could not be appointed at this time but would be voted on at the next meeting. Mr. Stanhope moved to approve the appointment of Cindy Pruitt and Beverly Todd to the Police Reserve Unit. Mr. Baldwin seconded the motion, which carried with the following vote: AYES: Councilmen Sharpe, Baldwin, Stanhope, Aguilar and Greenwald. NAYS: None Mayor Sawyer welcomed these two officers to the Reserve Force and said Council appreciates them coming forward to volunteer their time. #4 BID AWARDS: A. Consideration of awarding bid on Water Storage Tanks. Mayor Sawyer explained that Council had asked for our engineer to be present for any questions. He then introduced Mr. Paul Denham of Ford Engineering. Mr. Denham explained he was present to answer any concerning the water storage, wells, water system requirements of the Texas Depar'tment of Health. Mr. explained that we have ground storage tanks in Universal due to their location, they are considered as elevated. questions and the Denham City but Mr. Aguilar asked what is the difference in height with the U.C. tanks and the Nacogdoches tank and the ones we are proposing to be built. Mr. Denham said they are no lower but they will not be used for the Upper Zone and the Nacogdoches tank IS. He said that about 20% of the city's population are in the Upper Zone pLovided by the FM 3009 tank. ~ 100 \ Mr. Agui lar asked if there is tremendous development on 135, would we lose the pressure. Mr. Denham said first, in the low pressure zone, what we have is a 1,215,~~~ elevated and zero ground storage. What is required by population is one half million elevated and 1.2 million ground storage. The Texas Department of Health will allow elevated as a substitute for ground storage. We will try to run the system off the elevated and supplement with pumping from ground storage. The Texas Department of Health has come up with a ratio and ground storage is about 1/3 to 1/4 the cost of elevated. If you have too much ground storage, you will have expensive system. Mr. Stanhope asked if he meant you would pump into the ground storage and then pump out. Mr. Denham said yes, you have to double pump in ground storage and single in elevated. Mr. Aguilar said from what he hears from citizens is that in the morning they don't have enough pressure to take a shower. Mr. Denham said tanks are not any good unless we have the system. The bond issue will allow us to tie in our system to get the equalized pressure. Mr. Baldwin said the if the ground storage tank cost $287, ~~~ then the elevated tank would cost four times that. Mr. Denham said they built two elevated in Converse; steel prices have gone up through the roof. Mr. Baldwin said the point is that elevated tanks would save money over the years because you do not have to double pump. Mr. Denham said they did a cost compar ison between elevated and ground storage and it would be right at 15 years to break even with the elevated tanks. We have ground storage at elevated heights. Mr. Shar"pe asked about increasing the size of the tank in the Schermerville area. Mr. Denham said to increase it would cost about $l~~, ~~~. He said we want this system to take care of itself. It would only require about 2~~, ~~~ gallons per day. We project the growth will top out at the 5~~,~~~ gallon because of the large lots and the AICUZ. Mr. Denham said we would be spending money for storage that we did not need. Since there is no sewer, there would have to be major improvements to develop that area. Mayor Sawyer thanked Mr. Denham and call for a vote on the bid awar'd. Mr. Greenwald moved to approve the bid of Holloway Company Inc. for total of $418,836 for improvements to the water system. Mr. Stanhope seconded the motion, which carried as follows: (/ 101 AYES: Greenwald. NAYS: Councilmen Sharpe, Baldwin, Aguilar, Stanhope and None B. Consideration of awarding bid on 3/4 ton pickup for Street Department. Mr. Stanhope moved to awatd the bid for the 3/4 ton pickup, in the amount of $13.365.58 to San Antonio Truck Sales. Mr. Baldwin seconded the motion; which carried as follows: AYES: Councilmen Sharpe, Baldwin, Stanhope, Aguilar and Greenwald. NAYS: None #5 ORDINANCE: Mayor Sawyer introduced an ordinance and read the caption as follows: ORDINANCE NO. 88-H-7 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 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. Aguilar moved to approve the ordinance updating health ordinance fees. Mr. Greenwald seconded the foLLows: final consideration of an to allow for reinspect ion motion, which carried as AYES: Councilmen Sharpe, Baldwin, Stanhope, Aguilar and Greenwald. NAYS: None #6 ORDINANCE: Mayor Sawyer introduced an ordinance and read the caption as follows: ORDINANCE NO. 88-F-8 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. Greenwald moved to approve the final cons iderat ion of an ordinance establishing regulations for drilling and plugging abandoned and deteriorated wells. Mr. Aguilar seconded the motion, which carried as follows: \~ 102 \ AYES: Greenwald. NAYS: Councilmen Sharpe, Baldwin, Stanhope, Aguilar and None #7 CONTRACT: Mr. Gilmore advised we had received a letter from the Guadalupe County Judge stating that they have raised the rate for the jail from $l~ to $2~ per day. Mr. Sharpe moved to approve the jail contract between Schertz and Guadalupe County Commissioners for one year' with an option to renew. Mr. Stanhope seconded the motion. Mr. Aguilar asked if after the first year, would they revise the fee. Mr. Sharpe said they really don't know what the true costs will be because they have new requirements on them. Mr. Baldwin asked if this contract was reviewed by our attorney. Mr. Gilmore said no but it was prepared by an attorney. Mr. Baldwin asked if the Chief of Police had found anything in there he could not live with. Mr. Gilmore said this is essentially what we have been doing. Mr. Sharpe asked if we did not approve this would they not take our pr isoners. Mr. Gilmore said he did not know if they could refuse. Mayor Sawyer said he would like to have our attorney check this contract, then he called for a vote, which carried as follows: AYES: Councilmen Sharpe, Baldwin, Stanhope and Greenwald ABSTAINING: Councilman Aguilar NAYS: None # 8 RESOLUTION: Mayor Sawyer introduced a resolution and read the caption as follows: RESOLUTION NO. 88-R-5 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AUTHORI ZING THE PURCHASE OF LAND FOR WATER PROJECT TANK AND INGRESS/EGRESS EASEMENT. Mr. Sharpe moved to approve the resolution authorizing the City Manager to purchase land for $2,~~~ for the site specified in the resolution. Mr. Greenwald seconded the motion, which car r ied with the following vote: AYES: Councilmen Sharpe, Baldwin, Stanhope, Aguilar and Greenwald. NAYS: None / ( 10~ #9 RESOLUTION: Mayor Sawyer introduced a resolution and read the caption as follows: RESOLUTION NO. 88-R-6 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERT Z , TEXAS, AUTHORI Z TNG THE PURCHASE OF LAND FOR STREET RIGHT OF WAY. Mr. Stanhope moved to approve the resolution authorizing the city manager to purchase land to widen F.M. 78. Mr. Greenwald seconded the motion, which carried as follows: AYES: Councilmen Sharpe, Baldwin, Stanhope, Aguilar and Greenwald. NAYS: None #l~ RESOLOTjION: Mayor Sawyer introduced a resolution and read the caption as follows: RESOLUTION NO. 88-R-7 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS; AUTHORIZING THE ACCEPTANCE OF LAND DONATED FOR THE CITY S USE. Mr. Baldwin moved to author ize the City Manager to accept the donation of Lot 2, Block 29 Live Oak Hills Subdivision from Jeanette Craig. Mr. Stanhope seconded the motion, which carried with the following vote: AYES: Councilmen Sharpe, Baldwin, Stanhope, Aguilar and Greenwald. NAYS: None #11 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-l BY REZONING 3.~17 ACRE TRACT OUT OF GUADALUPE COUNTY FROM R-1 TO GENERAL BUSINESS (GB) AND NEIGHBORHOOD SERVICES (NS) AND REFLECTING SUCH CHANGE ON CERTAIN ZONING MAPS IN ACCORDANCE WITH THE SCHERTZ ZONING ORDINANCE. Mr. Aguilar moved to approve the first reading of an ordinance amending the zoning ordinance 87-S-1 by rezoning 3.017 acre trACT from R-2 to General Business and Neighborhood Services. Mr. Greenwald seconded the motion, which'carried as follows: ~ 104 \ AYES: Greenwald. NAYS: Councilmen Sharpe, Baldwin, Stanhope, Aguilar and None #12 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 REZONING AN AREA OF LAND OUT OF GUADALUPE COUNTY AND REFLECTI NG SUCH CHANGE ON CERTAIN ZONING MAPS IN ACCORDANCE WITH THE SCHERTZ ZONING ORDINANCE Mr. Greenwald moved to approve the first reading of an ordinance amending the zoning ordinance by rezoning 8~~+ acres surrounding Schertz Parkway. Mr. Stanhope seconded the motion. Mr. Baldwin asked how much land in back of Deer Haven. Mr. Sharpe said it says the width of Deer Haven but how deep is this. Mayor Sawyer said Council needs more information on this before the final reading of the ordinance; then he called for a vote on this first reading, which carried as follows: AYES: Councilmen Sharpe, Baldwin, Stanhope, Aguilar and Greenwald. NAYS: None #13 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 CODE; PROVIDING SPEED LIMITS ON FARM TO MARKET 78; AND REPEALING ALL ORDINANCES IN CONFLICT. Mr. Stanhope moved to approve the first reading of an ordinance regulating speed limits on F.M. 78. Mr. Baldwin seconded the motion, which calried as follows: AYES: Councilmen Sharpe, Baldwin, Stanhope, Aguilar and Greenwald. NAYS: None Mayor Sawyer asked that future speed limit ordinances be passed as an emergency measure. 105 #14 RESOLUTION: Mayor Sawyer introduced a resolution and read the caption as follows: A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, ADOPTING A "CITY OF SCHERTZ HAZARD COMMUNICATION PROGRAM" Mr. Baldwin IDQved to approve the resolution adopting a City of Schertz Hazard Communication program. Mr. Greenwald seconded the motion, which carried with the following vote: AYES: Councilmen Sharpe, Baldwin, Stanhope, Aguilar and Greenwald. NAYS: None #15 MEETING TIME CHANGE: Consideration of changing the time for the Regular Meeting of May 3, 1988 to commence at 5:30 p. m. . Mayor Sawyer explained the reason for doing this the VFW is putting on their Loyalty Day program on May 3rd and have invited VIP from the area to be present. Mr. Greenwald moved to approve the change of meeting time of the May 3 rd meet ing to commence at 5: 30 p. m. Mr. Baldwin seconded the motion, which carried with the fol~owing vote~ AYES: Councilmen Sharpe, Baldwin, Stanhope, Aguilar and Greenwald. NAYS: None #16 CITY MANAGER'S REPORT: A. We will have the Grand Opening of Schertz Parkway at 9:00 a.m. on April 30th wlth the r l.bbon cutting to be at the entrance from I35. About 350 invitations to developers, etc. have been mailed. We are hoping to start off with cannon firing, then have several antique vehicles, fire truck, ambulance etc. to drive down Schertz Pa~kway, cut across to Jack Hays and back out. B. We have a Region TML meeting in Boerne Friday the 22nd. C. the spl1.nkler system in front of the Municipal Complex is in and operating. D. SAFES had their fourteenth birthday picnic Sunday. #17 ITEMS BY COUNCIL: Mr. Sharpe: Ao acknowledged receipt of some replacement pages for the audit; but called attention to some more corrections. B. Concerning economic development in the area, Mark Industr1.es was going to move their company from California and decided not .~. 106 \ to move so they are having an auction. There will be people from allover the nation there, so Mr. Sharpe said he will be there to pass out our information. Mr. Baldwin~ in conjunction with Mrs. COUi. tney I s complaint - first she is a tax paying citizen and Council needs to give her some type of answer. If an investigation was made, Mr. Baldwin said he was not asked. Mr. Gilmore sa~d there was no investigation but he showed Council data in reference to the presentation she made. Mr. Baldwin said maybe Council was derelict in not advislng the CIty Manager to make an investigation. Mayor Sawyer sa~d on the first complaint an investigation was made and Mrs. Courtney received answers. Mr. Aguilar sa.Ld any reference to an lnvestigation made was to the previous one. Mr. Sharpe said the answer she is asking for is an Ad Hoc Committee. Council has discussed this but she has a problem wlth just the police department and Mr. Sharpe said he would not consider for just one department - people are applying for jobs and he did not agree with misuse of tax dollars. Mr. Sharpe said we owe Mrs. Courtney an answer as to whether Council wants to appoint an Ad Hoc committee. Mayor Sawyer told Mrs. Courtney that she wants the Council to appoint an Ad Hoc committee and abhorgate the authority of Council. He said that he would not by in favor of this. Mr. Aguilar said Council needs to get together and see if an Ad Hoc Committee is need and what they would be charged with. Mayor Sawyer asked that this be on the next workshop. Mr. Gilmore sa~d he would like to have the attorney present. Mr. Stanhope: Asked Mr. Gilmore if he had looked into the building in the Schertz Business Park that may be of use to the City. Mr. Gilmore said he was told they wanted over $4~~,~~~ for thIS building, which is on 3-1/2 acres of land. Mr. Stanhope asked that this be on the next workshop. Mr. Aguilar: Said he had asked previously about cutting an island on Lindberg at the Post Office. He said he thought Mr. Simonson was working on that and he definitely wants to continue pursuing this. #18 ITEMS BY MAYOR: None ;/ ~- #19 ADJOURNMENT: Mr. Baldwin moved the meeting be adjourned at 8:25 p.m., motion was duly seconded and unanimously carried. ATTEST: C~~hertz 107