ccreg 06-02-1987
138
~~
~\'
REGULAR MEETING OF THE CITY COUNCIL
JUNE 2,1987
o
The Schertz City Council convened in Regular Session, Tuesday,
June 2, 1987, at 7 :00 p.m. in the Council Chambers at the
Munic ipal Compl ex, 1400 Schertz Parkway, Schertz, Texas. The
following members were present: Mayor EarlW. Sawyer, presiding:
Charles B. Sharpe: Ray Stanhope: Adolph Aguilar and Ken
Greenwald. Absent was Councilman Hal Baldwin. Staff present
were City Manager Jimmy G. Gilmore and City Secretary June G.
Krause.
PUBLIC HEARINGS: Mayor Sawyer opened the meeting and explained
the Council would be holding two public hearings to receive input
from the citizens on the following:
A. The proposed annexation of approximately 369.904 acres of
land out of Bexar County.
Mr. Gilmore pointed the area out on the map showing it to be in
the Schaefer Road area. He stated the Council had discussed this
proposal several times. Seventeen letters were sent to property
owners in the area for proposed annexation. One letter was
returned and two phone calls were received with both being in
favor of the annexation.
D
The following people wished to speak on this proposal:
1. Junior Rumpf said he has lived in this area since 1961 and
was one of the formers of the Schaefer Road Rural Water Supply
Association. He said he has worked real hard in this area. In
the past, he has tried to get the County to pave Schaefer Road to
no avail. He said he had some information that might be of
interest but was not ready at this time but would talk with the
Council later.
2. Ruth Ribbet said she lives in Lakewood Acres and wondered why
the Council was not including them in this annexation. The area
has been developed for twenty years and has been ignored for
years.
Mayor Sawyer said this is a low water area and right now the City
does not have the money to get it out of the low water. Mayor
Sawyer said that Council did not know they wanted to be annexed
but Council has been approached by the people in Lost meadows.
He explained that Council would look at annexing them but would
prefer that they bring it up at a workshop.
3. Richard Hammel of Route 1, Box 76XX, Cibolo, Texas said he
did not know if he would be pro or Con but wanted to ask some
questions. What will be the tax rate - Mayor Sawyer said right
now it is 42 cents per 100 valuation.
o
{...-,,,
;-
189
I
I
l
Mr. Hammel as.ked if annexed were there future plans to put in a
sewer system. Mayor Sawyer said the City would eventually bring
sewer out there.
Mr. Hammel said he lives on a private road, he has talked with
Mr. Simonson about having the City build a road with property
owners paying a fee to have the road put in. Mr. Gilmore said we
would have to talk to an attorney about this.
Mr. Hammel then asked if maintenance of Schaefer road would be
Guadalupe or Bexar County. Mr. Gilmore said the portion in the
city limits would be the responsibility of the City.
Mr. Hammel ,asked if there was going to be any drainage work done
in the area.
Mr. Gilmore said the things Mr. Hammel was mentioning are things
that will be the responsibility of the City. These things will
take place but we cannot tell just when - we cannot give a date.
Mr. Hammel then asked about the piece of property that was a
gravel pit and is now being considered for a garbage dump. What
does the City plan for that. Mayor Sawyer said we will stay with
Waste Management. Mr. Sharpe added that the City does not own
r- nor operate any landfills. A private company has applied to the
I State and we have supported that plan for a landfill in that
l area.
Mr. Hammel said that would devalue his property and if the City
is supporting that, then he is against the annexation.
Mr. Rumpf asked if in annexing 250 feet each side of Schaefer
Road, would this give pOlice protection in the 500 feet. He went
on to say the Fire Department already does a terrific job there.
Mr. Hammel asked what the fire hydrant situation would be in that
area if annexed. Mr. Gilmore that had just come up when the
Water Supervisor approaChed him about next years budget. He
proposes to put some fire hydrants in that area. This will
provide means for our fire trucks getting water into the area.
Mr. Hammel said he was told the City is planning to run a new
water line up the private road. Mayor Sawyer 'informed him the
City does not run lines on private property. Mr. Hammel then
said this road was dedicated to Bexar County and the people along
that road have dedicated to give up whatever land is needed for
public use. Mayor Sawyer said we would have to see about getting
lt dedicated to the City before we could run water lines.
r- #4 Robert Stricker said he lives 1/2 mile down Schaefer Road off
I FM 1518 and asked what they would get out of this annexation.
! Mayor Sawyer said the water rates would be lower, pOlice
protection, fire protection and garbage - improved services.
14U
t\~
rt\~V
,) l ~t)
~ "
There being no further citizens wishing to speak, Mayor Sawyer
declared this public hearing closed at 7:'20 p.m.
o
B. This public hearing is to receive input on the establishment
of a development permit system and adopting regulations requiring
dev~lopment permits for con~truction in Floor Plain Areas having
special flood hazards.
Mr. Gilmore said this is an ordinance on
replacing the one we now have. This one uses
FEMA requested be used. It changes very little
ordinance - definitions have been clarified.
the flood plain
the format that
from the present
Mr. Sharpe said that in the ordinance it mentions about
designating flood prone areas by Housing and Urban Develo~ment.
Mr. Gilmore said it was actually done by the Corp of Englneers
but the mqp becomes a HUD map for insurance.
Mayor Sawyer asked for citizens to speak on this item.
1. Mr. Malford Ackerman asked if there would be a workshop on
this and that hopefully there would be something in the ordinance
to protect property owners from these subdividers.
Mr. Ackerman then asked Mr. Gilmore to get the contractor to get
the mud off Maske Road.
o
Mr. Sharpe said (9) on page 8 addresses Mr. Ackerman's question.
Mr. Sharpe said Council had talked at one workshop about having
drainage platting fees when developer is platting. Would this be
the place for that. Mr. Gilmore said that would be a separate
item. That will come under the "Impact" law that we hope will
not pass.
This portion of the public hearings was closed at 7:30 p.m.
#1 HEARING OF RESIDBlft"S: None
#2 POLICE BRIEFING: Chief Keith gave a very thorough
briefing on his department~ He said they have 13 members for a
total force of 14 - 11 patrolmen and 2 investigators plus the
Chief. One of the investigators is the Juvenile and Crime
Prevention Officer. He has gone to school and is qualified.
Chief Keith said we only bring in Certified people and then try
to send them to from 4 to 6 schools a year. We get grants from
AACOG for most of the schools. Also the FBI puts on schools
several times a year free and we invite other cities to attend.
When a new man comes on board, he is required to ride with an
officer for six months. There is a meeting of all officers each
month after court. They have guest speakers and have time for
o
(
141
r
officers to bring up any questions they may have. They have
staff meetings one or two times each month. Any problems are
settled by a group decision and anything beyond the Chief's realm
is taken to the City Manager.
When hiring, there are usually two uniformed officers, the Chief
and Mrs. Krause as Personnel Officer do the interviews. The
Department does very extensive back-ground checks. Mr. Keith
said in the last five years, they have been very PR oriented. He
said he tries to visit every new business in the area. The
officers stop in and visit and a telephone log is kept for five
years. All incoming calls are recorded, timed, dated and stamped
and are kept in current files for 3 months. They have pamphlet
available for the public on a variety of subj ects. These are
well received.
Chief Keith said they also have what they call the STEP program,
this is an extension of the one the State had a few years back.
It is strictly a volunteer program and the officers do this on
their own time. They have bought all the moving radar equipment
with these funds. Also purchased exercise equipment so the men
can keep physically fit and cages for the cars: and two new
shotguns.
Mr. Gilmore said that all this equipment the men themselves
present what they want to spend the money for and then bring to
~ the City Manager for approval.
Mr. Kei th said the men submi t i terns they wish to purchase in
letter form and he takes their request to Mr. Gilmore and if
approved, it is purchased. He said the department does not have
any administration of the fund, except to vote on what they want
to purchase. Chief said they have about 100% participation in
the program.
Some of the problems the department has is that we are a growing
city and are short handed. The cars obtained have about 60,000
miles on them at the time of purchase. Each car has its own
folder for maintenance records. Chief Keith said they do not try
to patrol 135 but do check the businesses on 135 and the access
road: but do stop excessive speeders.
Another thing that is very costly is that if a prisoner goes to
Bexar County, it cost $50 and then $50 a day thereafter. He said
that now tliey file "at large" and release them'after they sober
up. Also the labs are very expensive. He said the~ have had an
outbreak of so-called rapes. They investigate and flnd it really
is not a rape but do have to send the person to the hospital at
$150 each case.
When a new man is brought on board, he rides with a corporal for
One month, then another officer and so on for six months. He is
evaluated by each man before he is turned loose by himself. We
do this even if we hire a reserve.
14~
Chief Keith said that sine the first of the year they have had 0
over 300 arrests, 3394 tickets were issued, patroled 116,375
miles. The main thing is to protect the businesses and '
residents, not write tickets, - that is sec~ndary. There were
1250 call-in written reports. Response time within the city is
about 3 minutes. We do not allow tl?-e patrolmen to drive more
than 10 miles over the speed limit~' Security assignments are
assigned to all men. This does not cost the city anything. Even
the new people get the same. Shifts run three months at a time.
Each one is briefed by the out going officer. Chief Keith said
that sometime in the future, he will look at 10 hour shifts.
Mr. Greenwald asked how many officers the Chief anticipated for
the next budget year. Chief Keith said about two a year should
keep pretty close to what is needed.
Mr. Aguilar asked about the turn-over of officers. Chief Keith
said his department has about the lowest in the area. We have
lost 14 in the last ten years, usually for changing jobs for
higher pay. He said he had to release 1 person.
Mr. Aguilar said in discussing police work, he was led to believe
that one of the fears of officers is approaching a vehicle when
stopped. Chief Keith agreed, saying that before an officer pulls
a car over, he calls the dispatcher, then pulls car off the road,
pulls up behind the car and turns on overhead lights. He 'will 0
turn on lights that will illuminate the inside of the vehicle.
You always try to get one out of the car if two people are
inside, keeping the other inside. After giving the citation, the
officer returns to his vehicle and stays there until th~ other
'vehicle has gone. In the daytime, they use the same procedure
without the breakdown lights. He agreed that the #1 killer of
officers is traffic stops. Another is domestic calls.
Mr. Stanhope asked if a vehicle is impounded, do they just turn
the people loose. Chief Keith said they try to bring them to the
department to use the telephone or take to a convenience store.
If in the city proper, they call to see if someone can pick them
up.
Mr. Stanhope asked why the City doesn't buy the radar equipment
instead of the officers for themselves. He said he felt cages
and radar should be paid for by the City. Mr. Gilmore said it is
based on priorities and the officers ask to do this.
Mr. Stanhope also asked why we can't keep officer in the city so
that they will know the people and become part of the city.
Chief Keith said mainly money. We pay $400 to $500 less than any
other pOlice force. We will be behind for a long time because of
lack of funds . Mr. Stanhope said he would like to se'e a' steady
police for and Council should consider that at budget time.
o
.'""",,,'"
.~. j .\\1:::...
I
r
143
hief Keith said we do now have more stability that ever before
ut money does cause us to loose men.
r. Sharpe said that the formulae of one police officer for
certain population doesn't work for Schertz because we have such
large area to cover.
Sharpe asked Chief Keith if he had unlimited funds, what
would do. Chief said salaries and equipment, including cars.
r. Sharpe then asked if the fact that the men take the cars home
ake them want to take care of themk Chief agreed, saying they
ave care inspections so they must eep them up. If get a bad
inspection, they get a letter and if get three letters, then more
rastic measure wlll have to be done. Chief said they also have
niform inspections.
r. Greenwald asked when shifts change how long does it take to
et a man back on the road. Mr. Keith said they come in about 15
inutes early and go on the road at the hour.
ayor Sawyer said we are happy with the way the pOlice department
orks. He said he does not agree wi th Mr. Stanhope abou t the
tep program. One of the things that needs to be brought up is
road hazards, when patrolling they should notify other
epartments when they notice something. Mr. Keith said when
spotted, they call the dispatcher, who is suppose to call the
r- appropriate department. Mayor Sawyer then thanked Chief Keith
for giving this very enlightening report.
r-
i
)
( .
I
fead
I
I
I
I
I
I
I
I
I
I
I
t:; ca~~~~E;Ol{';~~r Sawyer introduced an ordinance an~ ,/ Jt~
'6 ?'(L~/
AN ORDINANCE
ESTABLISHING A DEVELOPMENT PERMIT SYSTEM AND
ADOPTING REGULATIONS REQUIRING DEVELOPMENT
PERMITS FOR CONSTRUCTION IN FLOOD PLAIN AREAS
HAVING SPECIAL FLOOD HAZARDS: PROVIDING FOR
REVIgW OF SUBDIVISION: MAKING PROV!SIONS
RELATED TO DEVELOPMENT WITHIN THE CITY OF
SCHERTZ DESIGNATED FLOOD PLAINS: VESTING THE
CITY MANAGER WITH THE RESPONSIBILITY,
AUTHORITY AND MEANS TO ADEQUATELY ADMINISTER
AND ENFORCE THIS ORDINANCE, PROVIDING A
SAVINGS CLAUSE AND FOR THE REPEAL OF ALL
ORDINANCES IN CONFLICT THEREWITH: PROVIDING
FOR A PENALTY: AND CONTAINING OTHER
PROVISIONS RELATING TO THE SUBJECT. '
r. Sharpe moved to approve the first reading of an ordinance
stablishing development permit system and adopting regulations
n Flood Plain. Mr. Greenwald seconded the motion, which carried
ith the following vote:
144
~~'l
,'f\\LlJ~
\" '
AYES: Councilmen Sharpe, stanhope, aguilar and greenwald
NAYS: None
o
#4 RESOLUTION: Mayor Sawyer introduced a res"olution and
read the caption-as follows:
A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, DESIGNATING CERTAIN CITY OFFICIALS AS
BEING RESPONSIBLE FOR ACTING FOR AND ON
BEHALF OF THg CITY OF SCHERTZ IN DEALING WITH
THE TEXAS PARKS" AND WILDLIFE DEPARTMENT FOR
THE PURPOSE OF PARTICIPATING IN THE LAND AND
WATER CONSERVATION FUND ACT OF ' 1965:
CERTIFYING THAT THE CITY OF SCHERTZ IS
ELIGIBLE TO RECEIVE ASSISTANCE UNDER SUCH
PROGRAM
Mr. Aguilar moved to adopt a resolution designating responsible
officials to act on behalf of the City in dealing with the Texas
Wildlife Department for th epurpose of participating in the land
and Water 'Conservation Fund 'Act of 1965. Mr. Greenwald seconded
the motion, which carried as follows:
"'1 AYES: Councilmen Sharpe, Stanhope, Aguilar and Greenwald.
~ NAYS: None D
~~ #5 ORDIRAllCE: Mayor Sawyer introduced and ordinance and
~\ read the caption as follows:
AN ORDINANCE
ADOPTING ARTICLES 974a AND 970a, REVISED
CIVIL STATUTES OF TEXAS, REGULATING THE
SOBOIVISION OF LAND WITHIN THE CORPORATE
LIMITS AND WITHIN THE APPROPRIATE SURROUNDING
LANDS, 'ESTABLISHING SUBDIVISION DESIGN
STANDARDS: PROVIDING' FOR IMPROVEMENTS TO BE
MADE" OR GUARANTEED TO BE MADE' BY THE
SUBDIVIDER AND PRESCRIBING THE SPECIFICATIONS
OF SUCH IMPROVEMENTS j REQUIRING AND
REGULATING THE PREPARATION AND PRESENTATION
OF'PLATSTO THE CITY PLANNING COMMISSION AND
SETTING FORTH THE PROCEDURES "TO BE FOLLOWED
IN APPLYING THESE RULES, REGULATIONS AND
STANDARDS IN ORDER TO EFFICIENTLY SUBDIVIDE
THE "LAND WHILE" PRESERVING THE HEALTH AND
INTEREST OF THE PUBLIC, PROVIDING FOR
ENFORCEMENT: PROVIDING A SAVINGS CLAUSE:
REPEALING ALL PREVIOUS SUBDIVISION ORDINANCES
AND PROVIDING FOR INTERPRETATION OF
CONFLICTING ORDINANCES: PROVIDING A PENALTY
o
,i<l:,',~."
~:..'-t.L~}
(
145
r
FOR VIOLATION: SETTING FOR SPECIFICATIONS AND
CHECKLISTS
i
I
I
'.
Mr. Greenwald moved to approve the first reading of the
subdivision ordinance. Mr. Stanhope seconded the motion, which
carried with the following vote:
AYES: Councilmen Sharpe, Stanhope, Aguilar and Greenwald.
NAYS: None
#5-A ORDINANCE: Mayor Sawyer introduced an ordinance and ,114_
read the caption 'as follows: ~
AN ORDINANCE ~?JV
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, AMENDING THE ZONING ORDINANCE NO. 87-
S-10F THE CITY OF SCHERTZ BY ADDING A NEW
SECTION TO ARTICLE XIX, ENTITLED "BPECIAL
OVERLAY DISTRICT SCHERTZ PARKWAY", AND
PROVIDING PENALTIES FOR VIOLATION OF ITS'
PROVISIONS.
r. Sharpe moved to approve the firs t reading of an ordinance
amending the zoning ordinance by adding a section entitled
"Special Overlay District Schertz Parkway". Mr. Aguilar seconded
r- the motion, which carried as follows:
AYES: Councilmen Sharpe, Stanhope, Aguilar and Greenwald.
NAYS: None
#6 ORDINANCE: Mayor Sawyer introduced an ordinance and
the captiort as follows:
Iread
I
I
I
AN ORDINANCE
L/G~
,,,,,,' () /12,7)
11'~
r-
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, AMENDING THE SIGN ORDINANCE NO. 86-S-
28, ARTICLE II, 1. PURPOSE, ARTICLE III, 4c,
DEFINITIONS, ARTICLE V SECTION 7 MULTI-
FAMILY, RESIDENTIAL SUBDIVISION AND P.U.D.'S,
MOBILE HOME PARK/SUBDIVISION: ARTICLE VI,
SECTION Sa (1), SECTION Sa (2), SECTION Sa
(3), SECTION Sa (4), SECTION 6b (1), SECTION
5b (2), SECTION 5b (3), SECTION 5b (4) i
SECTION 6c (2) FREE-STANDING SIGNS, ARTICLE
VI, SECTION 5M (8), BILLBOARDS, ARTICLE IX,
'~ 10, PERMIT, PORTABLE OR MOBILE SIGNS
r. Greenwald moved to approve the first reading of an ordinance
mending the sign ordinance. Mr. Stanhope seconded the motion,
ihiCh carried as follows:
i
146
~
~w
~~
u
~,.
~
\\~
~~
nO
,~0'
~,LY
C\,
~{55J
AYES:
NAYS:
Councilmen Sharpe, Stanhope, Aguilar and Greenwald.
None
#7 CITY MANAGER' S REPORT: A. Mr. Gilmore said that at the
last workshop a 'question came up about why we require security
for individual parties at the Community Center. There is a copy
of the Community Center ordinance in you packet& On page 3, it
states that security be provided. Mr. Gilmore said he did talk
to the Chief as to why problem when do not have alcoholic drinks.
He said they have gate-crashers, to protect the cars outside and
people have a way of destroying city property. Also there are
flare up of temper even within families.
Mr. Sharpe said to check with the attorney about the new dram law
and the implications for the citX by adding something to our
ordinance about liability. Mr. G~lmore said he talked with the
attorney who thinks it is a good idea and will be glad to look at
it.
Mr. Sharpe also said Council should look at the fee structure as
it has not been changed in seven years.
2. Have a letter to Commissioner Bob Lee signed by the Mayor on
the Rittimann Community CDGB program. Also Mayor signed a letter
on the undergraduate navigation training course. This one needs
to be signed by the whole Council.
3. The Corridor magazine people approached me today to see if we
want the back page add again this year at a cost of $900 - same
as last year. Council concensus was to update and use-the same
add on the back page.
#8 ITEMS BY COUNCIL: Mr. Stanhope said he thinks the
drainage on FM 3009 is pretty well under control.
Mr. Stanhope said that since he heard the Police Chief's report,
he wopld like to have him, ,at :p~d9:et _time, come in and talk to
Councl1. Mayor Sawyer sald ~t ~s real easy for individual
Councilmen to talk with the Chief, then it is up to the council
do make decisions.
Mr. Sharpe said Mr. Stanhope's concerns are good but Council has
to look at other side of the coin. The Step program releases tax
money.
o
o
Mr. Sharpe asked where we stand on Rittimann addition as to
working with Bexar County. CCMA has agreed to waive connection
fees. What could we do to waive fees to help their grant.
Mr. Gilmore said he was not sure we could waive connection fees 0
but could make it so that they can make small payments on their
(
147
r-
wate: bills. Mr. Gilmore recomm~nded ~ass.ing thi~ on to ~ichard /}l?l~
Harrls. Mayor Sawyer agreed saYlng thlS lS not ln our Cl ty but '3 (~
is in CCMA boundaries. Mr. Gilmore said he had talked with Mike
DeLeon and he feels this will be a great benefit if the City sets
payments where they are affordable.
Mr. Sharpe said Mr. Gilmore had given him something to look at
from the Texas Department of Heal th on solid waste application
for permit.
lJ25
'1,1,,;;:"'-;-') !
'1\IJ~
C '
r
Mr. Aguilar said he had been meeting with Mr. Allen regarding the
computer system for the Water Department. It was determined they L11~
could use the system for administrative work. Something came up i ' ,
recently that could serve their needs. Software is most p/ i ,::; '1 )
expensive and we have several people knowledgeable in that area.r'~
Mr. Simonson came up with a company that can furnish this real
reasonably. I suggested that we have been sitting on the fence
too long and let us go buy this system.
Mr. Gilmore said the equipment is about $17,000 to $18,000 less
than we budgeted because of some great finds that were made.
I I ,'.., .'
I L :~
I Mr. Aguilar brought up about the street name change affecting /: ," '.~,
signs, particularly the Library sign, which also needs some ~/ /V, '/)
maintenance. The Board is going to get together Friday night and
do some hedge trimming etc.
Mr. Aguilar announced that Mrs. Douglas has been going to night ?1/3~
school this past year taking graduate courses and got an "A".
Mr. Greenwald said that the first of June was the official date .-'~.~
to change the name from Live Oak Road to Schertz Parkway and ~~) ()
there was nothing in the paper. Mr. Greenwald suggested at next ','-.,
workshop, Council discuss official newspaper.
Reminder of the Fire Department breakfast at 8:00 Saturday
morning.
#9 ITEMS BY MAYOR: Mayor Sawyer said we were all real
h~ppy to have Mr. Stanhope back and out of the hospital.
/\ (J
/; ,
The Texas Civil Justice wants the Council to support Tort Reform. ,/ I) I 6 c/)
Mayor Sawyer said he instructed Mrs. Krause to call Senator tj 1\, ,,'
Zaffirini.
r-
Mr. Sharpe said he understood that the John family has a 12 inch
well available and we have talked about locating some in
Guadalupe County. Mr. Gilmore said he has been talking to them
about this for about a year. Mr. Sharpe said the well is located
on the other side of 135 and would have to bore under. We should
work with the Highway Department to see if they will trench for
casing while they are doing 135.
q/rt
/' .~
l?, ~_-!/
14~
/
#10 ADJOURNMENT: There being no further discussion, Mayor
Sawyer declared the meeting to be adjourned at 8:50 p.m.
ATTEST:
""",.II: ,'.si.';
;ii
."~j';6i~'"
1&:i ~
t:,~'tt, '-~~ij.",'::i!"l~T':,~"t
II
U
D
o