Loading...
ccreg 05-17-1988 ( 129 REGULAR MEETING OF THE CITY COUNCIL MAY 17, 1988 The Sche[tz City Council convened in Regular Sess..on. Tuesday, May 17, 1988, at 7:~0 p.m. in the Council Chambers of the Mun-Lcipal Complex, 1400 Schertz pa;.kway, Schertz, Texas. The following members were presenL Mayor Earl W. Sawyer, presidlngi Charles B. Sharpe; Hal Baldwin; Ray Stanhope; Adolph Aguilar and Ken Greenwald. Staff present were City Manager Jimmy G. Gilmore and Clty Secretary June G. Krause. BOARD OF ADJUSTMENT~ Mayor Sawyer explained the Counc:..l is charged by Charter to Sit as the Board of Adjustment. Mr. Gilmore advised that Mr. Thomas B. Wright had requested he be allowed to run a lawn mower repair business at his home. He was requesting a variance for a home occupation permit based upon the denial of P&Z because the ordinance specifical~y states that gas or electr ic lawn mower repail is not author ized in res identlal areas. ML. Wr~ght stated in his petition that he lS 73 years of age and needs this to supplement his income. He had presented letters from hiS ne~ghbors. who have no objection to h~s operating a lawn mower repair service from his home. Mr. Stanhope asked if the City Manager had put a time ~~m~t on running this business. Mr. Gilmore exp~ained that would have to be in the motion. The City does have a noise ordinance and the motion should stipulate no running of motors afte_ 8.~0 p.m. and it not be transferable. Mr. Stanhope said another stipulation should be that he clean up h. s back ya.d. Mr. Baldwin moveg to approve the ~equest by Thomas B. Wright fOi a home occupation permi t Wi. th the stipu.l.ation that he will not run motors afteL 8.~~ pm. and he WL..L clean up hj,s back yal..d; and the perm~t will not be transferable. Mr. Stanhope seconded the motion, which ca~l.ed with the fol~owing vote~ AYES; Mr. ShaLpe, Mr. Baldwin, Mr. Stanhope, Mr. Aguilar and M~. Greenwald. NAYS, None #1 APPROVAL OF MINUTES: Mr. Sharpe asked that the 22nd paragraph of ~ tem #4 of the minutes of the Special Meeting of April 27, 1988 be cOLLected to read: "Mr. Sharpe sald he had not had one actl ve off icer cali. him. He said when a person leaves and then comes in later and compla,ns, he does not place much credence in the comments made. ~ 130 \ Mr. Sha~pe aiso asked that the last pal.agraph of item #8 of these same m~nutes be corrected to read: "Mr. Hartzog said the Business Ciub had rUmOL"S that .t was by invitation only. Mr. ShaLpe answered that the news releases stated the public lS invlted," Mr. AguIla~ asked that the last sentence of the 6th paragraph of ~tem #1 A of the minutes of April 27, 1988, be corrected to read as fo~~ows. "If not l~~% for deannexation, Councii wiLL not deannex " Mr-" AguL~ai. also asked that the m':'nutes of the meeting of Apr i1 27, 1988 reflect that it was "Mrs" Ikels that spoke under ltem #1 E and not ML Ikels Mi.. ShaLpe moved to approve the minutes of the Regula!. Meeting of April 19, the special. meeting of April 27," the regular meeting of May 3 and the Special Meet':'ng of May 11, 1988 as corrected. Mr. Greenwa~d seconded the motion, which carried as follows, AYES: Councilmen Sharpe, Ba~dwin. Stanhope, Aguilar and Greenwald. NAYS; None #2 DONATION: Mayor Sawyer caLLed on Mr. Miche_tle Tereletsky who wished to make a donation to the Animal Control Depa;tment on behalf of the Humane Society. Mrs. Tereletsky advised that one of their younger membeLs WIshed to make the presentation. Beth Hamm then presented a d~awing she had done a~ong w~th the check for $355.57 to Mr. Stanhope. Mrs. Tere_etsky then Lequested time to speak on item #l~. #3 BEARING OF RESIDENTS, A, M~ s. Cour-tney addressed Council, giving the fOllowin-g - statement, I am ver'y SOi l.:y the ChIef of Police feels he is tired of being harassed and tired of defend~ng himself because I have requested an ad hoc investigation on the police department. I have lived in th...s city for 9 1/2 years and I am tired of not getting answers to questions I have asked. The police department IS here for the CLty; of wh~ch I am a part, but al~ questions should be answe~ed and records readily available to support the answers, they should not take weeks. In the 9 1/2 years I have .:.ived here, any questions I have asked the poL,ce department, the answers have been - InconClusive, disgruntled employee, .' .Late citizen, proved to be false or that s not ava.i.iable yet, until the subject is forgotten.. Well., I am tired of that too. I want answers to my questiQns Flnd not from an in house COmPl~9.t~on to decide if an lnvestlgatlon comrn.ttee .:.s to be es~aollshed. Answer the questions thr-ough a committee, make the answers pub.l..ic, act upon whateve is necessary, if anything, and you will satisfy many c_tizens_ Your- are elected o~':'cials - you wOlk for the city ana the clb..zens - become lnformed If you had been ~nfol..med, my 132 \ questions should have been answered long ago and most likely acceptable. If you had been informed, I wouldn t be here. If thiS is the Chief of Police's definition of harassment and liable in causing him to defend himself, then this makes me very suspect that this city is in trouble. I will continue in my pursuit of my objective, even if it means going to court; and I would like to turn in my petition with these names. Thank you." Mayor Sawyer then asked Council for a concensus of accepting the petition, which reads: "This petition is being submitted by conceJ:.'ned citizens of Schertz requesting as Ad Hoc Committee investigation of the city. s police depar'tment, over the past several years, for the following reasons (but not limited to): 1. The daily operation of the department. 2. The "excessive" turnover rate in police personnel. 3. The salary structure for the officers in comparison to neighboring cities. 4. The circumstances of officers' resignations. 5. The management and disbursement of warrant monies." Mayol. Sawye:... asked if the City Council wanted to accept this petition. Council agreed to accept the petition, after Mrs. Courtney said there were 2~1 signatures on the petition. B. Mr. Brian Doerk said that he hoped Council had read the statement he gave them last week. Should Council decide that something has to be done and something has to be investigated, he would surely like to see some type of outside source Ol Council members itself comprise the committee. He said he did not think the City Manager could do an unbiased and unprejudiced investigation. Also the fact the article that came out in the Express News was very misleading. He said the way he read it; it led him to believe that the C~ty Manager did, in fact, investigate these newest accusations against the police department. He said he had several people come up to him and ask the same thi.ng. He sai,d he wanted to cl.ear it in hiS m~nd that there was no investigation that he knew of. Mr. Gil.mol.e asked Mr. Doerk why Mr. Doerk felt he wou:Ld be unbiased. Mr Doe_k said he had heard from seve:...al ex-'emp...oyee, there is a lot of things that have happened in the police department that the City Manager has personal knowledge of and he just did not believe the City Manager could do an unbiased investigation. He sa,_d should ..t come down to an ':'nvestigating committee. he woui.d be glad to point out not only the individual but also the circumstances. He said fr'om his own know:"edge and from the people he has talked to, there was just no way in his mind that the City Manager could conduct an unbiased investigat~on Mr. Gilmore then asked Mr. Doerk if he had already conducted an investigation and Mr. Doerk said he had not. / 135 Mr. Gilmore then asked if volunteers had come up to him and talked to him. Mr. Doerk said yes, the ex-employees did just come up and talk to him. Mr. Gilmore asked if there was any solicitation on Mr. Doerk's part and Mr. Doerk said no. C. Mr. Jim Brannon said that he may have a couple of questions when item #7 comes before Council and wished to reserve time. #4 BID AWARD: Mayor Sawyer introduced this item as to consider awarding bids on seal coating streets. Mr. Gilmore said as discussed at workshop, we had two identical bids, both from reliable contractors. He said he went to our attorney who provided the method where you receive two identical bids, lots are drawn or some similar method. If one of the contractors had been from within the City, you would choose that one; however neither of these contractors are within the city. One is from San Antonio and the other from Shiner. Mr. Sharpe suggested putting numbers in a hat and drawing. Mayor Sawyer then stated that #1 would be H.N.C. Construction from Shiner and #2 would be for R.E.L. Construction from San Antonio. He then asked little Beth Hamm to come up front and do the drawing. Beth drew #1 from the hat. Mr. Sharpe moved to award the bid to H.N.C. Construction from Shiner, in the amount of $22,087.~~. Mr. Stanhope seconded the motion, which carried with the following vote: AYES: Councilmen Sharpe, Baldwin, Stanhope, Aguilar and Greenwald. NAYS: None #5 ORDINANCE: Mayor Sawyer introduced and read the caption on an ordinance-as follows: ORDINANCE NO. 88-D-12 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 18-45 - VEHICULAR WEIGHT LIMIT ON PORTION OF SCHERTZ PARKWAY AND EAST LIVE OAK ROAD; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE. Mr. Baldwin moved to approve the final consideration of an ordinance setting weight limits on Schertz Parkway and East Live Oak Road. Mr. Greenwald seconded the motion, which carried with the following vote: ~. 136 \ AYES: Councilmen Sharpe, Baldwin, Stanhope, Aguilar and Greenwald. NAYS: None #6 ORDINANCE: Mayor Sawyer introduced and read the caption on an ordinance as follows: ORDINANCE NO. 88-M-13 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING, THAT THE CODE OF ORDINANCES BE AMENDED BY REVISING CHAPTER 12 1/2 PARKS AND RECREATION; AND REPEALING ALL ORDINANCES' OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE. Mr. Greenwald moved to approve the final consideration of an ordinance revising the Code of Ordinances, Chapter 12 1/2. Mr. Aguilar seconded the motion, which carried as follows: AYES: Councilmen Sharpe, Baldwin, Stanhope, Aguilar and Greenwald. NAYS: None #7 OBLIGATION OF FUNDS: Mayor Sawyer said this was consideration of obligating funds to enlarge the police dispatch office to accommodate the 9-1-1 system. Mr. Gilmore said with the additional equipment for the 9-1-1 system, there will not be room in the dispatch office. He said we are looking at 2 or 3 weeks from now. Much of the work will be done in-house and it should cost about $5, ~~~. Mr. Gilmore said the drawing was presented at the last workshop. Mr. Aguilar asked if funds were available. Mr. Gilmore said although this was not budgeted, there were funds that can be transferred. Mr. Sharpe moved to obligate funds to enlarge the dispatch office for the 9-1-1 system, in the amount of $5, ~~~. Mr. Baldwin seconded the motion. Mr. Baldwin then asked if it was known when the 9-1-1 will be usable for the public. Mr. Gilmore said we are looking at a year from when they start installing the equipment, which should be within two to three weeks. Mr. Greenwald reminded the Mayor that Mr. Brannon had asked to speak on this item. Mr. Brannon said he was assuming the 9-1-1 system was available for use now; therefore he nothing further. Mr. Sharpe explained to Mr. Brannon that right now the people in the City of Schertz are paying on their telephone bills to ( I r--- 137 laccumulate money to buy the equipment. He then explained the way the system would work when completed and told Mr. Brannon that he had information that he would oe glad to share with him. Mr. Aguilar said the funds being considered are just for !enlarging the dispatch office to accommodate the equipment. Mayor Sawyer then called for a vote on the motion, which carried as follows: AYES: Councilmen Sharpe, Baldwin, Stanhope, Aguilar and Greenwald. NAYS: None #8 SWEABING IN CEREMONIES: Mayor Sawyer advised that in the recent election, -citizens- had elected a mayor and councilmen for Place 1 and 2. Mrs. Krause then swore into office Earl W. Sawyer as Mayor. Mayor Sawyer swore into office Earl P. Hartzog, Councilman, Place 1; and Hal Baldwin, Councilman, Place 2. Mayor Sawyer said that Mr. Sharpe, the defeated candidate for Place 1 had requested time to address Council and citizens. Mr. Sharpe said that although he has always been an advocate to keep sales tax within the City of Schertz, he did have an opportunity to drive to Converse and have a chance to talk with iMr. Earl Hartzog, his successor. He then thanked Mr. Hartzog for running a clean campaign. He said he did want to comment to Mr. Hartzog about not wanting Schertz to become a highly taxed, !stagnated bedroom community. He Said he agreed with those comments but he was not at all concerned with it happening. Mr. Sharpe said that during the last few days he reviewed some of the things about the city. Most of the information is from an outside audit, TML and some other sources. In 1982 the first year of 10~% assessment of properties, our tax rate was 64 cents and now it is 24. 7~5 cents per $1~~. The taxable properties increased from over $57,~~~,~~~ in 1982 to over $177,~~~,~~~ in 1988. In 1982 41% of our general fund expenditures came from ad valorem taxes and now although we have annexed from 9.9 square miles to 22 square miles, the percent of general funds from current ad valorem taxes is down to 35 percent. In 1982 our sales tax was only 18 percent of general fund expenses. Last year our sales tax receipts accounted for almost 25 percent of those expenses. Building permits over the last six years have nearly doubled over that of the previous six years. Certainly all these numbers are moving in the right direction. Of 57 ci ties in Texas of a population range from 9, ~~~ to 16, ~~~ who responded to a TML survey, only two have a lower tax rate than the City of Schertz. Humble has a tax rate of .229 and our neighbor across the creek , Universal City has a tax rate of 138 .2382. During 3 of the last six years, the City of Schertz has been awarded the Certif icate of Achievement for Excellence in financial reporting. This coveted international award is given to only 3 percent of cities of our size in the United States. Also looked around to see some things that were not here six years ago. He then named 16 new businesses in the city plus numerous major remodeling or expanding of businesses. We bave put a sewer service across 135, new water lines from the Naco well site, a new 125 HP pump, new well in Universal City and even fixed the drainage in Oak Forest. We bought some new ambulances and a new to us fire truck and new equipment for streets and parks and new animal shelter, new library, new computers for police, administration, library and public works department. We have opened up Schertz Parkway, repaved East Live Oak Road and purchased the Schaefer Road Water Distribution System. We also helped expand the postal delivery service to include the industr ial areas and the Greenshire areas. We have five new subdivisions and this year we will have two new storage tanks and many newly seal coated streets. This year the City.s Master Plan is being update. He asked Council to look at where you want Schertz to be l~ years from now. Next year you will be able to use the enhanced 9-1-1 system for all emergencies services; and you will see construction start on Jack Hays Boulevard improvements. But of all the physical things you may be able to see and read about, Mr. Sharpe said he thought the most important accomplishment of this Council is a change of attitude. Before, many people thought it best to steer clear of Schertz and put their development dollars elsewhere. Now we have people who are aware of the change of attitude and are willing to come and look at out city. Mr. Sharpe then thanked the City employees and volunteers, who made it possible for us to have the excellent services that are provided at the lowest tax rate in the state. We could not get along without these dedicated employees and volunteers. Mr. Sharpe ended by saying it was certainly an honor for him to work with this Council. Mayor Sawyer presented Mr. Sharpe with a plaque of appreciation for his years of dedicated service to the City of Schertz. .9 DYOR PRO TEll: Mr. Baldwin moved to select Mr. Adolph Aguilar as Mayor Pro Tem for 1988-89, saying he has been Pro Tem in the past and is very competent. Mr. Stanhope seconded the motion, which carried with the following vote: AYES: Councilmen Hartzog, Baldwin, Stanhope, Aguilar and Greenwald. NAYS: None #l~ OBLIG&TIOR OF FOI1DS: to permit the- attendance' to Shelter employee. Consideration of obligating funds a national school by an Animal D o Mrs., Tereletsky, who had requested time, said it was her 0 understanding at the last workshop that Council was going to look at the budget and see if there was money for this. It "'1Coii._,~j." " 0;:: 140 \ 01 Mr. Aguilar said if our employees can go to seminars they should because they can learn very much. Mr. Gilmore stated there were several seminars she could attend but they had picked the ones closest to us to save on expenses. There is one in Albuquergue, New Mexico and the other closet one will be in Tuscaloosa, Alabama. . Mr. Hartzog asked the length of the seminar. was for l~ days. Mr. Greenwald moved to approve the funds for employee to attend the school August 15 Tuscaloosa, Alabama. Mr. Stanhope seconded carried with the following vote: AYES: Councilmen Hartzog, Baldwin, Stanhope, Aguilar and Greenwald. NAYS: None Mr. Gilmore said it the Animal Shelter through 26th in the motion, which .11 ORDlIlABCE: 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 SIGN ORDINANCE' NO. 86-S- 28, . ARTICLE 'VI, SIGNS PERMITTED IN ALL BUSINESS, COMMERCIAL" AND MANUFACTURING DISTRICTS, SECTION 7, MAIN STREET SPECIAL SIGN DISTRICT. o Mr. Greenwald moved to approve the first reading of an ordinance amending the sign ordinanc~ 86-S-28. Mr. Baldwin seconded the motion, which carried with the following vote: AYES: Councilmen Hartzog, Baldwin, Stanhope, Aguilar and Greenwald. NAYS: None tll-A EXBCurIVS SESSIOR: Mayor Sawyer called an executive session at 7:45 p-.m. u-nder Article 6252-17 Vernon's Texas Civil Statutes, Section 2 (g) pertaining to City personnel. The Regular Session was reconvened at 19:53 by Mayor Sawyer, who made the following statement: Council met in Executive Session and personnel was discussed that is, job descriptions, additional personnel and new job descriptions, possibility of appointing a new City Attorney. The ,report and previous information requested by the Council concerning personnel and job 0 performance was discussed. Based on the information presented to the Council, the Council has asked for an emergency meeting with our attorney at his earliest possible convenience to discuss this information. .:L~ . ' ~.!",~;r ,.'~ " !i;ft~{' ' .-~y~~ ( r- l 141 #12 CITY MARAGER'S REPORT: A. You have a report from Planning & Zoning rec'ommending 'changing and relocating of mail drop boxes at the Schertz Post Office. B. also a letter was received from the VFW asking Schertz police :to provide assistance in leading the parade for July 4th. They have also asked for neighboring city's police be a participant to help lead off the parade. This will need Council approval. C. you have copies of an article that appeared in Lubrication Engineers, Inc. bulletin. There is a six article on the City of Schertz in this approximately 3 Bulletin. Also the cover features Schertz. the page inch #13 ITEMS BY COUNCIL: Mr. Baldwin said he would like to state to the public that copies of the report given Council at this meeting is available for public use. Mr. Aguilar welcomed Mr. Hartzog to the Council. #14 ITEMS BY MAYOR: Mayor Sawyer also said he would like to welcome Mr.' Hartzog to the Council, saying he has know Mr. Hartzog for several years and look forward to working with him. t15 ADJOORRlEHT: adjourned at 11: 52 'p .m~ ; which carried unanimously,. Mr. Stanhope moved the meet ing be Mr. Greenwald seconded the motion, ATTEST: ~r. City Secretary, City of Schertz