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ccwk 9-11-02 Schertz City Council – Workshop Session Wednesday September 11, 2002 The Schertz City Council convened in workshop session on Wednesday, September 11, 2002 at 7:00pm in the Municipal Complex Conference Room, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Hal Baldwin, presiding, Councilmembers Norman Head, Steve Simonson, Tony Wilenchik and Ken Greenwald. Absent Councilmember Reginna Agee. Staff members present were Interim City Manager Mark Marquez and Deputy City Secretary Mary Ybarra. MOMENT OF SILENCE FOR 911 Mayor Baldwin called the meeting to order and asked everyone to stand and join him in a moment of silence for all lives lost on 911. #1 HEARING OF RESIDENTS Mr. Salas, 1041 Gettysburg Drive commented on dump trucks parked on Curtiss Street and Randolph Blvd. This happened approximately three winters past. He believes these large dump trucks don't let air circulate. These residents must believe they don't have a right to complain. Robert Brockman, 4505 Grand Forrest Drive commented "Schertz is the best place to live". He also made following comments: ?? He pointed out flag is at half-staff and believes it should go to full staff. ?? Believes that city hall should be the show place of the city. The city has come a long way, however believes it still has a ways to go. ?? He was happy to see the cigarette disposal receptacles were out. ?? Reported water fountain is still not fixed. ?? Indicated that there was scheduling conflict on Monday with TSAC and the selection committee for City Manager. ?? Reported no air-conditioning in the Conference Room last night, and believes it will be a repeat performance this evening. ?? Reiterated, his major concern is the .4 mile on Wiederstein Road, from Forrest Ridge to Schertz Parkway. Mud on road, what can be done do to fix it, something must be done. Jason Arguijo, 3517 Meridan Lane (Carolina Crossing North) voiced concerns on Emergency Service in the city, specifically the Fire Department. What direction is the city taking? Manpower is an issue, due to mutual aid agreements with surrounding areas. Decreasing manpower to the city, if apparatus are sent out to other municipalities. Will manpower increase, is it in the budget. He voiced concern with the Northcliffe area: response time to the area and need of manpower increase. He recalls that during the annexation procedure there was mention of station placement on IH35. Is this in the works? He believes it's a serious issue and council will hear more from him in the near future. #2 APPROVAL OF MINUTES: August 6, 2002 Councilmember Simonson moved to approve the minutes of August 6, 2002. Councilmember Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Simonson, Wilenchik and Greenwald. NAY: None #3 VARIANCE: Discussion and possible action on request regarding limiting the number of domestic animals. Mayor Baldwin explained that the issue concerns a resident from the Northcliffe area, which is in violation of city ordinance relative to having (4) dogs instead of (3). Ms. Bailey has been before council on several occasions stating her case. Ms. Bailey reiterated to council that her dogs are like family. The dogs are good, all registered, and she has spent time and money, approximately $900 annually on vet bills, etc. To have one removed is like asking to remove a family member, which one? She would like council to consider her request granting a variance on limiting the number of domestic animals. She believes she is a responsible person who loves her animals, and had no idea she was in violation. Her dogs were part of the family well before the area was annexed, and believes this is ground for grandfathering. In brief discussion, it was pointed out that in a two- (2) year period and only because of a broken fence, the dogs got out. The dogs are inside at night and behind a privacy fence during daytime hours. On the one occasion that the dogs were out, there were three complaints all on the same day. The question is; is the city dealing with a responsible person, (yes or no) if not, would the city be setting a precedent by granting a variance. Council believes it's a very difficult decision, and legally council has no authority to grandfather. Councilmember Wilenchik stated that if council wishes to grant the variance it could set stipulations and possibly not set a precedent. The city has other ordinances to enforce other issues such as nuisance, etc. Councilmember Wilenchik moved to approve the variance for Mrs. Bailey to maintain four (4) animals on the property and restrict variance to stay in effect only while the four original animals are on the property and can not be replaced. Also, to include statement from legal counsel, stating "that the granting of this variance is not intended to establish any sort of precedent as to this matter either in newly -annexed areas or otherwise in the City". Councilmember Head seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Simonson, Wilenchik and Greenwald. NAY: None #4 VARIANCE: Discussion and possible action on signage request from Good Shepherd Catholic Church. Mayor Baldwin advised signage issue was resolved and no action would be necessary. #5 VARIANCE: Discussion and possible action on signage request from Schertz-Cibolo-Universal City ISD. Mr. Richmond, Planning & Zoning Chairman advised council that one sign request (honoring Herb Raymond) has been before the Planning Commission and tabled. There were concerns and questions, and because of these concerns, school representatives were asked to contact City Planner, Mr. Youngblood, in order to resolve these concerns. The request was neither denied nor approved. Mayor Baldwin explained no action is necessary this evening regarding this issue. As explained by Mr. Richmond, the Planning and Zoning Commission has not had the opportunity to make a ruling and forward their recommendation to Council for action. #6 ORDINANCE: Discussion on final reading of Ordinance regarding firearms in the City Limits. Mr. Marquez advised of slight revisions (wording, definition area) to ordinance at legal counsel request, substance of ordinance has not changed. Mayor Baldwin stated council would be ready to take action on Tuesday evening. #7 PUBLIC HEARING DATE: Consider and take action on setting public hearing date on land assumption water/wastewater impact fees. Mr. Marquez advised this item is to set public hearing date. Additional documentation would be available in next packet (Tuesday) outlining details. September 25, 2002 was suggested as date for public hearing. Councilmember Simonson moved to set public hearing date on September 25, 2002, for land assumption water/wastewater impact fees. Councilmember Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Simonson, Wilenchik and Greenwald. NAY: None #8 ANIMAL CONTROL CONTRACT: Discussion of contract with Guadalupe County. Mr. Marquez advised that Guadalupe County has requested the continuation of interlocal agreement with the city. The agreement is the same as in the past. Monies paid to the city are approximately $66,000 this year and $72,0000 next year. The rates are slightly higher; term of agreement is for one year, from Oct. 1, 2002 to Sept. 30, 2003. Mr. Marquez reminded council that agreement covers unincorporated areas of the county. He mentioned that the agreement is the same that will be done with Seguin. Mayor Baldwin stated Council would be ready to take action on Tuesday's agenda. #9 FM 78 BEAUTIFICATION PLAN: Discuss beautification plan for the city. Councilmember Head passed out a final report done May of 2002 by FM78 Improvement Group of which Mr. Simonson and David Richmond were committee members. The committee came up with suggestions at that time that council may take on and move forward with. Councilmember Head provided some possible short term actions for FM78 Improvement. They are as follows: 1. Resolve dispute with Burch Roofing a. Refinish wall across from printing lot b. Landscape city parking lot islands (low maintenance gravel or granite). 2. Move donated garage eyesore from front of Beck's a. Consider dismantling and storing for possible future use. 3. Work with railroad to resolve maintenance of area between rail and road. a. Possible painting of bridge to match FM78 bridge color. 4. Decide on landscaping design for road in Schertz. a. Some tree mitigation funds available for use. 5. Explore options for "Welcome to Schertz' sign. (Same as Schertz Parkway?) 6. Explore options with businesses for plans and cost sharing. 7. Define current responsibility for edging and weed-killing along road. Mr. Marquez reported speaking with legal counsel concerning the situation (wall) with Burch Roofing, which is along FM78. Mr. Burch has threatened to sue however, has not done so. The City attempted on several occasions to address the situation with different alternatives however, Burch Roofing has not responded. One thing the city can do is put up a screen and move on. Mr. Marquez informed that because of personnel no longer on staff, there is a need to regroup, reassign staff and move forward with the project. At this time, he is not ready to announce plan, but will very shortly. Mayor Baldwin asked if the city offered to finish wall. Mayor was advised yes. Councilmember Simonson gave brief history of the wall in question. He went on to say that the wall is part of the old Winn's building foundation However, Mr. Burch argued the fact, and insisted the wall was his. Argued as fair as to bring in expert professional personnel, whom the City met with and found the wall was not connected to Burch foundation. Councilmember Simonson suggested screening the wall and moving on because this situation could be tied up in litigation for sometime. Councilmember Head suggested making another attempt to possibly settle the situation, sending Dennis Little from Public Works to speak with Burch for a possible compromise. Mr. Marquez stated that the city would make an effort to come to some understanding, if all fails, let's build a screen. Mayor Baldwin suggested that before screen is built, lets establish the boundaries. Have a surveyor or engineer establish line, and if Mr. Burch disagrees the city could move forward with screen. Mr. Marquez advised that he would look into landscape design relative to what type of tree would be used and address item #4. Mayor Baldwin indicated the eyesore in front of Beck's is a historical building. It was mentioned that the city has different options and staff changes are in the works that may help in coming up with a solution. Johnny Bierschwale stated he would talk with Ben Davis and ask his assistance in taking on the venture of re- vamping the historical building. Mr. Marquez stated that he believes the railroad issue is workable, he and staff are looking at options to resolve. As far as the rest of the list, he and staff are working on different solutions that he believes are doable. David Richmond reported on an issue the committee looked hard at, "doing away with power lines". Recommendation through the plan was to improve lighting, etc throughout the city. In talks with TXDot, it was relayed that the major issue was money, and that the road was too wide to erect the steel arm with traffic signal. David Richmond suggests that in discussion with staff and TXDot representatives, the city should press a reduction of overhead power lines. Councilmember Simonson wanted to remind everyone that part of the original plan was city discussion with GVEC to create a working relationship. GVEC would change out the poles on FM78 (aluminum poles, nice lighting or whatever the city decided), pay up to what GVEC would pay for a normal aluminum pole there after the city would be responsible for the additional cost. Councilmember Simonson added that with the sidewalk in place the city could work on visual look by planting along FM 78 and FM3009. #10 WASTEWATER TREATMENT ZONES: Discussion on establishing wastewater treatment zones. Mr. Marquez explained the issue before council would come in a more detailed package once council makes the decision in terms of; does council want to establish three (3) zones or prefer a more blended rate. At this point, staff recommendation is to have three (3) separate zones. Mr. Marquez deferred to Public Works Director, Johnny Bierschwale. At this time, Johnny Bierschwale invited everyone to taste the new water (Schertz Seguin Local Government Corporation). He reported that the City of Seguin is on line, and very soon Schertz residents would too. He invited everyone to drink the new water, which is quite different from the Edwards water. He went on to explain the different zones and provided a detailed map, which indicated each zone by color. Zone 1 (CCMA treatment area; Zone 2&3-dual service area NBU 300,000 gallons; Zone 3-GBRA treatment area and Zone 4- would be a future treatment area provided by the City of Schertz, CCMA, or SARA. Johnny Bierschwale explained the current estimated loss of revenue (using city standard rate) for 2002 of 4,682 gallons. He gave a break down of figures showing CCMA cost per gallons (4,682), city line maintenance and the city base rate. He went on to explain the shortfall with the use of GBRA treatment cost, adding base rate and maintenance. He gave total loss figure and net revenue loss of approximately 41,000. He explained that the department proposes to resolve the negative flow, by creating and defining three rate zones. Each zone as follows: Treatment Line Maint. Zone #1 CCMA 1.60 + .12 1.72 Zone #2 GBRA 2.74 + .12 2.86 Zone #3 NBU 1.89 .12 2.01 The city base rate would remain as 3.75 per residential unit, with commercial/industrial remaining at 4.75 per LUE's (living unit equivalent) He pointed out that the Northcliffe area wastewater fee would reduce as the system grows or as connections are added. At this time, 427 connections remain available. However, based on growth projections, he believes the plant will reach maximum capacity in 3 to 5 years. In brief discussion, it was council consensus that the city should not loose $41,000, when dealing with three different entities and believe it's justifiable. #11 UTILIZATION OF SIREN: Discuss utilization of siren at Pickrell Park. Mr. Marquez noted the siren was moved to Pickrell Park at the time of remodeling municipal offices. He added, the siren was not used in 1998 (flood). A possible thought is to discontinue the use. In discussion with emergency services, it is believed the city is better prepared for flooding situations. Better prepared due to topo maps; ability to gage the creek crest (far improved), as well as prediction models. With this forecasting the city is able to predict as much as 6 hours, but less than 1 hour where cresting would occur. He added that the cities reverse 911 is in place and is working well. It is believed that the use of siren under emergency warning circumstances may create confusion resulting in large number of telephone calls. Mr. Marquez stated that possibly the siren doesn't have much value. Councilmember Greenwald pointed out that reverse 911 is a better notification than siren capability. It was agreed that with city technology the city feels confident that the current operating course is best suited to cover future flooding emergencies. For this reason, the siren is no longer needed in emergency situations. #12 Items by City Manager General announcement Personnel Matters Mr. Marquez announced the resignation of Jason Hall, effective September 19, 2002. Copy of resignation letter is part of council packet. Mr. Marquez reported he would be out of the office on Thursday and Friday attending Employment Law Seminar in Austin. #13 Items by Council General Announcement Councilmember Wilenchik Thanked Mayor, council and city staff for the flowers sent to funeral. It was very appreciated. Councilmember Head Reported on Library Board meeting, and mentioned grand improvements. Councilmember Head deferred to Gail Douglas, Librarian. Gail reported on the completion of the children's area, with expansion, small office, etc. The library is changing and everyone seems happy with the change. Councilmember Head announced the purchase of land outside the City of Schertz; she and husband Ed have an opportunity to purchase a Christian ranch st in Yorktown, Texas. Closing November 1 on property and on returning (Schertz) will have a "For Sale By Owner" on their property. She is sad about it and will continue on council until she no longer is a property owner in Schertz. She and husband Ed are very excited on having the opportunity to do this. Councilmember Greenwald Report Councilmember Greenwald provided copy of article on Comal County problem relative to sexual oriented businesses. The business popped up out of nowhere. Mentioned that he would not be at next weeks meeting. Would be out of town on business related to his job. Councilmember Steve Simonson Councilmember Simonson reported attending first BVYA meeting and meeting everyone. He mentioned that the organization has many needs and one that they will approach the city on will be, doing something with the Scout Hut. The organization is doing a great serve to the city and it's youth. #14 Items by Mayor General announcement Mayor Baldwin stated that grand opening of Vita NonWoven went very well. He feels confident that the new business will be a good corporate member of the community. Thanked city staff on the commemoration of 911 catastrophe. An outstanding job, brief but solemn and to the point. #15 ADJOURNMENT There being no further business to discuss, Mayor Baldwin adjourned the meeting at 8:50 p.m. ______________________________ Mayor, City of Schertz, Texas ATTEST: ______________________________ City Secretary, City of Schertz, Texas