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07-30-03 Council – Workshop Session Wednesday, July 30, 2003 The Schertz City Council convened in workshop session on Wednesday, July 30, 2003 at 7:00pm in the Municipal Complex Conference Room, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Hal Baldwin, presiding, Councilmembers Carl Douglas, Steve Simonson, Reginna Agee, Tony Wilenchik and Ken Greenwald. Staff members present were City Manager Mark Marquez and Deputy City Secretary Mary Ybarra. At this time, Mayor Baldwin called the meeting to order at 7:00 p.m. #1 Hearing of Residents: Robert Brockman, 4505 Grand Forrest had the following comments: ?? Asked if anyone from Ashley Park Subdivision (HOA-Fred Juarez) had inquired regarding the cutting of trees. He had been cutting in the area, and was asked why? He advised cutting was due to signage visibility. ?? It was good to see work (traffic light) started at the intersection of Live Oak Road/Dietz Road and FM 3009. ?? Inquired on speed limit on Curtiss Ave. when school limit signal is not flashing? Was advised the speed limit is 20 mph. ?? Is crossing guard planned at Savannah Drive/Schertz Parkway? It would be nice to have decision made before school starts. ?? Grass needs cutting at lift station on Schertz Parkway. #2 Discuss renewal of Bexar Waste Franchise. Mr. Marquez explained Mr. Henry Gutierrez is requesting an extension to existing contract to at least a four (4) year period. The extension would help him financially. In review by City Attorney, whether there is a need to re-bid contact, it was found it wasn’t necessary due to it being a health issue. Is it Council’s wish to renew contract, which would become effective January 1, 2004, for period of three (3) years with the same basic terms as the existing contract. As part of Council packet is copy of existing contract for review. Staff would be ready for first reading (updated version) at next regular session. Because rate increases are not locked in as part of contract, Mr. Gutierrez has option to request rate increase every year without renewal of contract. Mr. Marquez noted Bexar Waste has done a good job for the City. Some complaints, however resolved at citizen satisfaction. He has no objection or concerns in renewing contract, and recommends placing it on agenda at next session. There was brief discussion of recycling, and proceeds received from the sale of recyclable material. It was noted proceeds go into a recycling fund (budgeted) that is used in the City’s Spring/Fall Cleanup. Council would be ready to consider first reading at next Tuesday night’s meeting. #3 Discussion and possible action on first reading of Ordinance regarding maximum speed limits in school district. Mr. Marquez explained that with the addition of new schools it becomes appropriate to setup speed limits during school hours. The amended ordinance adds two new schools: Schertz Parkway Elementary and Green Valley, (20 mph on Schertz Parkway and surrounding streets). Mr. Marquez recommends first reading this evening due to time crush. Would like ordinance in place before school starts. Mayor Baldwin introduced an ordinance and read the caption as follows: AN ORDINANCE AN ORDINANCE BY THE CITY COUNCIL OF THE CITY SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING SECTION 18-75, MAXIMUM LIMITS IN SCHOOL ZONES, AND PROVIDING A REPEALING CLAUSE. Councilmember Wilenchik questioned why the lunch hour is not listed on all school zone signage. He was advised the lunch hour only applies to the high school, and not elementary schools. In brief discussion, regarding applying lunch period to signage, it was determined that the ordinance would be revised to include the lunch hour period where appropriate. Councilmember Wilenchik believes lunch hour period should be placed on all signs. Mr. Marquez noted the City is working on providing flashing school signage throughout the City. Signage would be programmed with school session times, including holidays. Would contact school district to find out summer term sessions. It was believed none were flashing for the summer term. The issue would be looked at. The signage is programmable and wouldn’t be a problem. Without further discussion, Councilmember Agee moved to approve first reading of the ordinance regarding maximum speed limits in school zones. Councilmember Simonson seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald. NAY: None. #4 Discuss City of Schertz Credit Card/Debit Card policy. Mr. Marquez explained that several months ago the City implemented check drafts, and at that time mentioned the City was upgrading the system to accept credit cards. The City is now ready to take on the service. Part of Council packet is copy of state statute that allows the City to do so. It also allows for a convenience fee. Through internal analysis and experiences with Court, have set rate at 4% up to $100, anything over at a maximum of $4.00. Fee would be evaluated (Finance Department) to see if fee is covering costs that include credit card fees, equipment, etc. It’s a good service, its available to citizens if they choose. The next thing coming will be online payments. Court has instituted it, and City is looking at online payment (by credit card) for all other payments. He went on to say, another option is the use of the Debit card. If used, please note that fee for transaction is $0.57, as opposed to credit card use. These are two options coming online and very soon online payment by credit card. Mr. Marquez advised Council that in order to proceed, a resolution (authorizing) would be drafted and would be ready for next session, if it is Council wish. Council’s consensus was to have resolution ready at next Tuesday night’s meeting for action. #5 Discuss revision to UDC. Mr. Marquez explained that the UDC is several years old and in need of revision and review. The Planning and Zoning Department and Commission have initiated task andis in review process chapter by chapter. With this in mind, would Council prefer to review every chapter or see the end result? Chapters would be brought forth as informational matter only, requiring no action by Council, unless there is item Council would like to discuss. Council consensus was they would like to review each chapter. It would be less confusing this way. At this time, Community Development Director, Amy Madison stated that during the review process, there possibly might be some chapters needing approval sooner. Due to the number of chapters, time process (slow),she suggests possibly taking a look half way through the process at the possibility of approving a group. The review could possibly take up to a year and half, and during the process the possibility of having to move faster on some chapters then others. Council agreed if that were the case, Council didn’t see a problem with some chapters coming before Council for consideration and approval. #6 Discuss request from Hubertus Investment Company to annex 1.345 acres of land out of Comal County. Mr. Marquez explained that the item before Council is a voluntary request from the Hubertus Investment Company for annexation into the City of Schertz. The request is pretty straightforward; requiring only ordinance approval by Council, and because it’s voluntary does not require public hearing process. Community Development Director, Amy Madison announced that applicant was present and would be happy to answer any questions. Mayor Baldwin inquired if property was contiguous with City limits of Schertz. He was advised, yes. A certain portion of the property lays in the City limits and is per-zoned. The total tract consists of 4 acres, 2.655 acres already in City limits, with remainder 1.345 acres the subject of annexation. Ms. Madison briefly explained the nature of business planned for the location; the business fabricates custom awnings and covers, which currently this type of business is not existent in the City. She added that the City is fortunate to have this type of manufacturing business locating in the City. Mr. T.C. Saurman representative of the company stated that the company started up about five years ago; has gone through three facilities, starting small and eventually needing a larger facility. The company is doing quite well in the manufacture of canopies primarily used for UV protection. The company is moving nationwide and needs a larger facility, and larger manufacturing facility. The main reason why the City of Schertz was selected was because the City is between San Antonio and New Braunfels, and most of the business is up and down IH-35. He added that the company manufactured sales of approximately 3.5 million in a year, and with larger facility is looking to reach 15 million. The building approximately has 25, 000 square feet of manufacturing space, not counting office space, etc. A brief discuss followed on requirements of voluntary annexation procedure and requirements. It was believed voluntary annexation only requires ordinance passage.However, the issue would be researched to be sure and outcome reported to Council. #7 Consider and take action setting public hearing date on request from Don McCrary & Associates to rezone 14.57 acres from R-5 to R-6. Mr. Marquez noted Planning and Zoning Commission held their public hearing on July 22, 2003, and have recommended approval re-zoning 14.57 acres. He reminded Council the property in question is the Ollie Burkett tract on Live Oak Road. He added that two letters were received in favor and one was returned neither for nor against. With Council approval date of August 19, 2003 (public hearing) was suggested. Without further discussion, Councilmember Greenwald moved to approve setting public hearing date of August 19, 2003 for the above rezoning of 14.57 acres. Councilmember Douglas seconded the motion, which carried with the following votes: AYES: Councilmember Douglas, Simonson, Agee, Wilenchik and Greenwald. NAY: None. #8 Consider and take action setting public hearing date on request from U.P.B. Management Co., Inc. to rezone 5.4 acres from OP to NS. Again, Mr. Marquez noted the issue before Council has been through the same process as previous request. The Planning & Zoning Commission held their public hearing on July 22, and recommend approval to rezone 5.4 acres from OP (Office Professional to NS (Neighborhood Services). Ten letters were sent (of notification) and none were returned. He went on to say the property would be utilized as retail development, located at intersection of Green Valley Road and FM3009. The owner and developer are present. He stated he sees no problem insetting public hearing, even though there are some issues that will be addressed as the process continues. Again, the date suggested for the public hearing was August 19, 2003. Without further discussion, Councilmember Greenwald moved to approve setting public hearing date of August 19, 2003 for rezoning 5.4 acres from OP to NS. Councilmember Douglas seconded the motion, which carried with the following votes: AYES: Councilmember Douglas, Simonson, Agee, Wilenchik and Greenwald. NAY: None. #9 Consider and take action setting public hearing date on request from Eber Busch, Katrina K. Middleton and Armando P. Martinez for a Specific Use Permit allowing a manufactured home to be situated on a tract of land at 309 Maske Road. Again, Mr. Marquez noted that Planning & Zoning Commission held a public hearing on the above request on July 22, and recommend approval. Attached is map indicating location of manufactured home. He added that the existing home will be removed, and another one placed in a slightly different place. The specific use permit is necessary due to zoning issue. The area is zoned R-2, however, the home is grandfather due to existing home being out there, and added all trustees are in agreement. There were no other issues brought forward at the public hearing. Again, the suggested date was August 19, 2003. Councilmember Simonson moved to approve setting public hearing date of August 19, 2003 for Eber Busch, Katrina K. Middleton and Armando P. Martinez for specific use permit allowing a manufactured home to be situated on tract of land at 309 Maske Road. Councilmember Wilenchik seconded the motion, which carried with the following votes: AYES: Councilmember Douglas, Simonson, Agee, Wilenchik and Greenwald. NAY: None. #10 Public Works Update by representative of Ford Engineering. Larry Dublin of Ford Engineering reported on various City projects as follows: ?? I.H. 25 1.5 MG Elevated Tank- project is on line for the last three (3) weeks, and doing just what was suspected it would. There are some small items that contractor must take care of, and should be finished today. One small problem, the specs called for tank painting on two sides, north and south, however the tank was painted (once) only at the front. If tank is accepted as is, expect credit of approximately $6,000, for painting on one side. It was Council consensus to have tank painted as per specs requirement (on two sides). ?? Live Oak Water Plant-12 MGD Pump Station-running fine. Anticipate delivery 14 or 15 of August of soft start motor consoles, and looking to thth have everything installed by at least the first week in September. ?? Wiederstein and FM 3009 Intersection-complete, except for paving, which should start tomorrow, (paving of decelerating lanes on FM3009 to over the hill). Approximately 75% complete, and weather permitting should be right on line. ?? Lower Seguin Road Waterline-running a bit behind. ?? 1518/IH 10 South Waterline-received TXDOT permit on Monday and should be back on track and finish fairly quickly. ?? Dietz Creek (FEMA) Drainage Channel-have starting clearing. Southwestern Bell has finished, so utilities (relocating CCMA water/sewer & reuse water line) can get started, possibly tomorrow or the next. All ROW down stream obtained, except some at the buffer, which is in the hands of attorney, and should resolve quickly. The projected shut down date for Elbel Road is (45) forty-five days, toward the end of September. It was suggested a need for sign placement along FM3009 and Schertz Parkway notifying of closing date. Mr. Dublin informed Council that as soon as the time gets closer, he would be getting with contractor to come up with detour route plan. He would advise the Police Chief of plan, and Council to receive input. It was suggested to have City staff attend a school board meeting, informing them of detour plan. ?? Upper Dietz Creek Drainage Channel-will be taken off the schedule and going on a wish list. ?? Borgfeld Road Temporary Drainage- Plan and implementation done. ?? NPDES II Permit- waiting on the TCEQ to publish plan. They are behind (5) five months to date. ?? Master Sewer Plan-on going. Talking with CCMA and Cibolo on potential for Town Creek sewer to break and service the northeast part of the City. ?? Street and Drainage Master Plan-on going. ?? FM 3009 Live Oak Signals-have started. ?? PID Creation and Road Design-met with TXDoT Monday at kick-off meeting. Consultant (Ford Engineering) has started design. Looking to have connector road design complete by the 1 of September. TXDoT is st projecting a letting date of April 2004. As part of design is requirement (ADA) of crosswalk across FM3009, which is TXDoT rule. The crosswalk does not make sense, especially at the location, and will try to convince TXDoT of it. Safety is of concern and will relay to TXDoT that Council doesn’t want it either. ?? Parking Lots at City Hall Complex-bidding both complex/playscape parking lots on the 13 of August. th ?? Schertz Parkway Reconstruction-The base material showing deterioration did not meet specifications. The contractor was presented with the find, and has presented recommendation on how to resolve the problem. Stabilization on material will be done on existing material. Believe the outcome will be satisfactory and of course all at their expense. Landscape material is down, and crew working. Looking at a projected date of total completion of September 8. Working on push list (inlets, jogging path th issues, etc.) of items that will be presented to contractor so items of importance may be resolved on a timely manner, and not wait till the last minute. Councilmember Wilenchik inquired on the possibility of four (4) way stop at intersection of Woodland Oaks/Schertz Parkway. It’s a very dangerous intersection. Mr. Dublin commented that at this time it wouldn’t be a good idea, but will look into the matter. Mr. Dublin passed out the latest estimate of expenditures out of the water system improvement bond fund. Running approximately $551,000 dollars ahead. #11 Discuss proposed street and drainage improvement program. Mr. Marquez explained that several months ago Council was promised a complete proposed street and drainage improvement program identifying areas of concern such as roadways, storm water runoff, etc. Some of these areas are considered high on the priority list in regards to public safety, etc. Projects have been prioritized and cost estimate established, and by no means is priority list set in stone. The key element to remember in reviewing the list is the right column, (money) the cost estimate of approximately 20 million. The City cannot afford to do all projects without a major impact on taxes. With very careful consideration, results on some very specific recommendations relative to major capital projects could be done. The document before Council is worthy of review, relative to making a conscience decision, what projects are high on the priority list. Those of high priority must be addressed first and would require Council approval. The following are proposed projects in proposed priority listing with cost estimate, however list is not set in stone. Borgfeld Road/Drainage Improvement (Phase I)- Cost estimate-$850,000. Upper West Dietz Creek Drainage Controls Channel- Cost estimate-$565,000. Deer Haven Entryway Improvements- Cost estimate-$900,000. FM3009 Right Turn Lane Improvements- Cost estimate-$645,000. Doerr Lane Street Improvements- $1,439,500. Aviation Heights Underground Storm Sewer and Channel Improvements- Cost estimate-$175,000. Improve Sub-Standard Roads South of FM78 & North of IH-35 Rest Stop- Cost estimate-$5,500,000. Lone Oak Emergency Exit- Cost estimate-$175,000. Northcliffe Emergency Exit- Cost estimate-$750,000 Woodland Oaks Open Ditch to Culvert Improvements-Cost estimate- $325,000. Maske Road Improvements- Cost estimate-$2,270,000. Elbel Improvements-Cost estimate-$120,000. Upgrade Green Valley Road to City Standards-Cost estimate –827,000. Wiederstein Road (Forest Ridge to City Limits)- Cost estimate-$5,888,288.61 ST1 Turn Lane at East Aviation & Main (FM1518)-Cost estimate-$30,000. ST2 Reconstruct and Pave Library & Playscape Parking-Cost estimate- $20,000. ST3 Construct Parking Lot at Scout Hut Site-Cost estimate-$15,000. ST4 Vestal Drainage-Cost estimate-$50,000. Total-$20,544.788.61 There was brief discussion covering the first three items, which warrants consideration relative to flood/drainage control, and most importantly public safety and property loss. All other items warrant discussion, however may prioritize in importance and money availability. Mr. Marquez stated that in his opinion (actual street improvement) Doerr Lane heads the top of the list and if had to make a decision it would be the first. The City is spending a great deal of money on patching. The street gets a lot of traffic. These businesses have been waiting for improvement to come some eight years now. It will be tough setting priorities. The list before Council is real, some critical issues and others not so. At some point in time all will need to be addressed. Mr. Marquez asked for direction from Council. Harry Richburg representing the Deer Haven area strongly believes the Deer Haven area, third on the list should moved to head of the list. These two streets are safety concerns for the citizens. After all the promises made, he believes citizens of the area have waited long enough Mr. Richburg suggested possibly only doing the entrance for the time being. He was advised that because the entrance is on FM3009, it falls under TXDot long-range plan that unfortunately is not planned until 2007. Mayor Baldwin acknowledged Mr. Richburg’s concerns, and stated priorities must be established, some projects started, etc., and as money allows continue to take on projects. Councilmember Simonson brought up the possibility of seeking MPO funding for street improvements. He mentioned the Borgfeld Road funding by the MPO and the possibility of it being lost, however believes funding may be reinstated. If this were the case, the funding would drop the cost considerably. Mr. Marquez commented the issue would be researched, and will take a look at how Schertz falls in MPO planning. Council consensus was that plan was very detailed, appreciate all (maps, etc.) work done and thanked everyone involved in producing a well thought out plan. #12 Discuss Engineering Proposal-Water System/Water Quality Issue. Mr. Marquez informed Council of an interesting issue relative to finds of dirt slug coming out of water pipelines, slug mudding the water tanks. He added other things were found that require research. Because of this, part of Council packet is engineering firm suggestions. The firm suggests a complex overview plan; testing water continuously. He’s only concern is Seguin, who has a piece of the action. Seguin at this time has some political sensitivity issues, and need to be careful on approach of Seguin/Schertz Local Government Corporation Board (SSLGC). Schertz has no problem and see no problem continuing with the suggestions. Difficulty arises that this type of problem should be researched at the source, being Seguin and moving forward to Schertz. Starting in Schertz is like moving backward. He went on to say, he has no problem with moving forward, have not approved yet and will not, until the matter is discussed with the Engineer and SSLGC. Several issues need in depth discussion such as the use of two different labs, which are causing variations in testing. Our Public Works Departments have come through and have stayed on top of the problem (changing filtration, etc.) and have to be commended for a job well done. Mr. Marquez commented he wants to keep Council aware of all issues pertaining the SSLGC, and what direction he is moving. Added he will pursue the issue and approach Seguin City Manager, Jack Hamlett. #13 Discuss Hometown Hero nomination. Mayor Baldwin informed Council he is having trouble contacting the nominee (Zonobia Coverson). He has left several messages and no one returns calls. Being that he will be out of town and nomination deadline is fast approaching, he believes deadline wont’ be met. He really doesn’t want Schertz not to be represented. He asked if anyone had other suggestions if Ms. Coverson could not be contacted. He would keep trying, and asked if City personnel could assist in trying to get alternative numbers, etc. Councilmember Greenwald stated that if Ms. Coverson could not be contacted please let him know, he would pursue the issue and try to come up with a nominee before the deadline. #14 Items by City Manager General Announcement ?? Informed of up coming recognition for pool personnel relative to a near drowning of 35 year individual who apparently had a seizure while in the pool. City Personnel include supervisor and three other city employees. An appropriate ceremony will be scheduled at next meeting. ?? Schertz Parkway landscaping has started with planning of trees. ?? Referred to Animal Control contract and reported that County is disappointed with contract offer by Seguin and Schertz and has indicated no renewal next year. The down side is, personnel lay off, hour change, and dropping Sunday hours. Councilmember Greenwald stated he is fed up with Guadalupe County Commissioner Court making disparaging remarks against the City and employees. As far as the contract, he is for disapproving the contract the end of September 2003. It is totally unacceptable; Commissioner’s not having the guts to talk face to face with City personnel, however make remarks for the newspaper. It was noted the County does positive things, like contribution to Library and it would be tough to lose money. This is the reason the City is treading very carefully. Councilmember Greenwald’s points are taken, and Mr. Marquez agrees with Councilmember Greenwald. If Council’s direction is not to pursue the Animal Control contract, it will not be mentioned again. It was Council’s consensus not to pursue the contract. Councilmember Simonson commented the need for Schertz to make their presences known at the next Commissioner’s Court meeting. He would like to attend the next meeting if it affects Schertz’s. The next meeting is August 5, Tuesday, 10 am. Mr. Marquez will drive up for the next th meeting if anyone is interested. Several Councilmembers were interested and are ready to go. ?? Referred to agenda item #8 relative to rezoning property at FM3009/Green Valley Road. Informed of Site Plan disapproval by the Planning and Zoning Commission (P&Z). He would like Council direction for next Council agenda. A formal appeal has been sent forward for Council consideration. My question is if Council wants to hear it or send it back to P&Z? He noted appeal process is allowed under the UDC. Mayor Baldwin mentioned that site plan was disapproved on a technicality. There were issues such as sign height, entrance/exit, and whether traffic impact analysis was required. These changes weren’t indicated on the site plan, only verbal agreement. Mayor Baldwin stated the impression was given that process was taking longer than necessary (nine months) and believes development will be lost if the City doesn’t work with them. Mayor Baldwin expressed concern with City process. Ms. Madison, Community Development Director stated the developer will make changes and added traffic impact analysis was not required. Added developer had concerns and was frustrated relative to discussion by P&Z regarding not wanting any more retail business in the City. Mayor Baldwin stated it’s not P&Z’s choice to make, believes it’s inappropriate, and out of line. Councilmember Agee commented that perhaps P&Z is becoming to overbearing, and possibly Council needs to rethink P&Z. Mr. Marquez asked for Council direction. Ms. Madison stated site plan is scheduled as agenda item in two weeks. Mayor Baldwin stated the development has other things tied up that would affect the City such as County property money. The City really needs to move on this quickly. It was determined the item would be placed on P&Z agenda for consideration. If P&Z disapproves, there is still time to place item on Council agenda for consideration and approval. Ms. Madison believed this would satisfy the owner and developer. ?? Informed Council complete budget package would be submitted to City Secretary by deadline of 5:00 p.m. tomorrow. Tax rate stayed the same, no increases, and I&S rate increased. Complete budget package in next Council packet and will explain thoroughly. ?? PID (Public Improvement District) advisory board will hold first meeting on August 7 at 9:00 a.m. The board will hold one more meeting finalizing th service and assessment plan before it is brought forward for Council consideration. There has been a short delay in proposed timeline due to appraisals. All have been received and a proposal sent to Ripps Attorney, which they seem to like. Things are falling in place, and appears we’re ready to rock n roll. #15 Items by Council General Announcements Councilmember Douglas Liaison EDC ?? Had no comments. Councilmember Simonson 4-B Board Liaison BVYA ?? Advised B.V.Y.A. is really cranking up for the winner of Football and Basketball. The next meeting is scheduled on August 11. th Councilmember Agee 4-B Board Liaison Schertz Housing Authority Liaison Schertz Library Board Had no comments. Councilmember Wilenchik 4-B Board Liaison Schertz Humane Society Liaison HOA Coalition Had no comments. Councilmember Greenwald 4-B Board Ex-officio P & Z Commission Ex-officio SSLG Corp. Reported on Planning and Zoning Commission agenda items. ?? Bernard property finally got buyer. Plan is for construction of strip center. ?? Benevest plat is back for re-plat, construction plan in Tri-County Industrial area. ?? Little Caesars Pizza going in adjacent to Walgreen on FM3009. ?? Ollie Burkett property rezoning, Larry Aiken is purchasing property. #16 Items by Mayor General Announcements Had no comments, #17 EXECUTIVE SESSION: Called under Chapter 551 of the Texas Government Code, Sub-Section: 551.074 – Personnel Matters. 551.072 – Deliberation regarding real property. Mr. Marquez advised there is no need to go into Executive Session, have been overtaken by events. Session was cancelled. #18 Action, if any, on above Executive Session None was necessary. #19 ADJOURNMENT There being no further business, Mayor Baldwin moved to adjourn the meeting at 9: 34 p.m. __________________________ Mayor, City of Schertz, Texas ATTEST: ________________________________________ Deputy City Secretary, City of Schertz, Texas