ccspwks 10-24-01
Schertz City Council-Special Workshop
Wednesday, October 24, 2001
The Schertz City Council convened in Special Workshop Session on Wednesday,
October 24, 2001 at 7:00pm in the Municipal Complex Conference Room, 1400 Schertz
Parkway, Schertz, Texas. Those present were as follows: Mayor Hal Baldwin, presiding;
Councilmembers Norma Head, Reginna Agee, Tim Swinney, Ken Greenwald, and Billy
Pitts. Staff present: Dewey Cashwell City Manager, and Mary Ybarra Planning and
Zoning Secretary.
Mayor Baldwin called the meeting to order at 7:00pm.
#1 Hearing of Residents:
Marilyn Paliani and Robert Brockman came to speak about the ordinance prohibiting
smoking in selected locations. They both felt the City of Schertz should not have
smoking in any public building.
#2
Approval of Minutes
Special Workshop Session
Regular Session
Special Workshop Session
Regular Session
Special Budget Workshop
Special Workshop Session
8-01-01
8-07-01
8-15-01
8-21-01
8-22-01
8-29-01
Mayor Baldwin asked the minutes be reviewed by the City Secretary and have the
corrections made.
Mr. Cashwell stated he is having a staff meeting and will focus on getting a better
product out.
Mayor Baldwin noted Item # 5 would be addressed before item # 4.
#3 Dave Allen to discuss the study of school zones, school crossing and
transportation safety issues within Schertz.
Mr. Allen (Chairman of the Transportation Safety Advisory Committee (TSAC)) briefed
City Council of the situation with the school zones and noted the City cannot make the
changes, they have to be approved and changed by TXDoT. Mr. Allen drafted a letter to
TXDoT explaining why the changes need to be made and stated the following
recommendations:
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1. Corbett Junior High, 301 Main Street
· Move west school zone to 150 feet west of the intersection of Oak Street at FM
1518.
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· Move east school zone to ISO-feet east of the intersection of Curtiss Avenue at
FM 1518.
· Eliminate the flashing light on East Aviation.
. Mr. Allen talked to Glen Hartmen of TransGuide concerning School Zone on
FM 1518 at Corbett School. To adjust this zone requires a letter to the District
Traffic Engineer. TXDoT would then perform a traffic study and forward the
results to the state and if approved, the signs would then be changed.
· Establish a School Zone on Wright Avenue from Oak Street to Beacon Street.
2. Schertz Elementary School, 701 Curtiss Avenue
· Remove the school zone on Randolph Avenue and change the speed limit from
30mph to 20mph.
· Establish crosswalks at the intersections of Randolph A venue at Wright Avenue,
Winburn Avenue, Brooks Avenue, Mitchell Avenue, Aviation Avenue, Maple
Drive, Pecan Drive, and Marilyn Street.
· Move the east school zone limit on Curtiss Avenue to 150 feet east of the
intersection of Curtiss A venue at Pfeil Street.
· Install two flashing lights, one on the east end and one on the west end of the
school zone on Curtiss Avenue.
· Install sidewalks on Wright Avenue form Randolph Avenue to the school
property. Designate bicycle/walking lane on the street until sidewalks can be
installed.
· Designate the school zone on Curtiss Avenue and Pfeil Street as All Day zones.
3. Clemens High School
· Establish the school zone on Elbel to extend from Schertz Parkway to 150 feet
east of the drainage ditch by the County offices.
· Establish the school zone on Schertz Parkway to extend from Elbel to 150 feet
south of the intersection of Schertz Parkway at Buffalo Drive.
· Establish a School Crossing at the intersection of Schertz Parkway and Buffalo
Drive.
· Install two flashing lights, one on the East End and one on the West End of the
school zone on Elbel.
· Include lunch hour as school zone time.
Mr. Allen talked to James Miskesh of TXDoT concerning School Zone on FM 78 at
intersection of Schertz Parkway. The signs are temporary as of now (one is knocked over
and on the ground) and will be removed when construction of FM 78 is completed.
These were established quite a few years ago due to children from the Mobile Home Park
crossing the highway to walk to school.
4. Roy Richard Drive (FM 3009) at Elbel Road
· Send a letter to the District Traffic Engineer requesting that the School Zone be
eliminated. Crosswalks are installed with traffic light activation.
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Mr. Allen asked if all the other streets become 20mph, that Lindbergh A venue also
become a 20mph street.
Mayor Baldwin commented that Mr. Allen did a great job and need his recommendations
to be addressed by the Council.
Mrs. Agee disagrees with the removal of the School Zone at Roy Richard Drive (FM
3009) and Elbel Road. She feels if vehicles are traveling through that area at 45mph and
the light changes to red, the vehicle is not going to be able to stop fast enough and might
hit a child that is crossing the intersection.
Mr. Allen noted this needs to be coordinated with the School District. Mayor Baldwin
suggested establishing a joint resolution that would be adopted by the City and the School
District and present it to TXDoT.
Mr. Swinney noted there have been some of the same problems near the Wilder School.
Has that area been looked at also? Mr. Allen stated that is one of the areas that needs to
be studied as well.
Mr. Pitts complimented the exhaustive work TSAC has been doing on this issue.
Mayor Baldwin asked if there would have to be an Ordinance change for this. It was
noted yes, but it could be done as an emergency reading.
Mayor Baldwin expressed concern making Lindbergh a 20mph street because it is a
through street and does not have as many children going through there. He has no
problem with changing Randolph A venue to 20mph during school hours.
Mr. Swinney felt it would be better to standardize the speed limits as much as possible to
eliminate some of the "I didn't know that was the speed limit".
Mayor Baldwin commented that they need to get started with the streets and the moving
of the signs. There also needs to be an Ordinance and a joint resolution prepared as soon
as possible to present to TXDoT.
Mrs. Agee suggested when the school zones are changed around Clemens, there be a
publicity campaign to notify the parents and motorists.
Police Chief Jerry Smith asked what the status is of the changing of the speed limit on
Lindbergh. He felt it is not necessary, but it is necessary on Randolph Avenue. Mayor
Baldwin stated it is the decision of City Council to change Lindbergh
The consensus of Council was to leave Lindbergh Avenue a 30mph street.
Mr. Cashwell stated the TSAC is a great committee and is working very well. Mayor
Baldwin thanked Mr. Allen for coming tonight.
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#5 Resolution: Consider and take action to adopt Real Property for Guadalupe
County Appraisal District.
Mayor Baldwin introduced Mr. Ed Barnes (Director of Guadalupe County Appraisal
District) and Mrs. Sylvia Schlather (Board of Directors for Guadalupe County Appraisal
District) and asked them to explain further the purpose of this resolution.
Mr. Barnes explained that the Board of Direcors passed a resolution for the purpose of
acquiring 9/10 of an acre of land (directly behind their present facility) to meet future
expansion needs. Mr. Barnes then gave a brief history of the their land site. He stated
there is no longer any room for future expansion on the land. Mr. Barnes noted they are
not coming to City Council to ask for an amendment to the budget. They would be
paying for the property with a portion of the fund balance that was carried over from
2000 (from map sales, earned income, record sales, etc.). Mr. Barnes explained in order
for them to purchase the land, they need to have the approval of % of the entities that they
serve (City of Schertz being one). If no action is taken by City Council, then it is
considered a disapproval.
Mrs. Schlather commented this is a great opportunity for the price that is being offered.
The current building is very crowded right now.
Mayor Baldwin introduced a Resolution and read the caption as follows:
RESOLUTION NO.OI-R-35
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING
THE ACQUISITION OF A CERTAIN TRACT OF REAL PROPERTY BY THE
GUADALUPE COUNTY APPRAISAL DISTRICT.
Without further discussion, Mr. Greenwald moved to approve the resolution to adopt
Real Property for Guadalupe County Appraisal District. Mr. Swinney seconded the
motion, which carried with the following votes:
AYES: Councilmembers Head, Agee, Greenwald, Swinney, and Pitts.
NAYS: None.
#4 Re-appointment of commissioners David Richmond and Gary Wallace to the
Planning and Zoning Commission.
Without further discussion, Mr. Greenwald moved to re-appoint commissioners David
Richmond and Gary Wallace to the Planning and Zoning Commission. Mrs. Head
seconded the motion, which carried with the following votes:
AYES: Councilmembers Head, Agee, Greenwald, Swinney, and Pitts.
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NAYS: None
#6 Discuss and take action n first reading of ordinance regarding ETJ of MUD 1
&2.
Mayor Baldwin introduced an Ordinance and read the caption as follows:
AN ORDINANCE
AN ORDINANCE ACCEPTING THE CITY OF CIBOLO'S
EXTRATERRITORIAL JURISDICTION IN GUADCO MUNICIPAL UTILITY
DISTRICT NO.1 AND GUADCO MUNICIPAL UTILITY DISTRICT NO.2 AND
RELEASING TO THE CITY OF CIBOLO CERTAIN DEFINED LAND IN THE
EXTRATERRITORIAL JURISDICTION OF THE CITY OF SCHERTZ.
Mr. Cashwell stated these items are important to the annexation process of Northcliffe
and Scenic Hills. In order to carry out the annexation process, the City has to be sure that
the land that is in Cibolo's ETJ be placed into Schertz's ETJ.
Without further discussion, Mr. Greenwald ploved to approve the first reading of the
ordinance accepting the City ofCibolo's ETJ in GUADCO MUD 1 & 2. Mr. Swinney
seconded the motion, which carried with the following votes:
AYES: Councilmembers Head, Agee, Greenwald, Swinney, and Pitts.
NAYS: None
#7 Discuss and take action on Bid Award for the Elevated Storage Tank.
Mr. Cashwell stated the City has received a new set of bids with better results and asked
Mr. Johrmy Bierschwale to go into further detail.
Mr. Bierschwale explained the reason for the rejection of the previous bids was due to
concern of the tank standing up because of the design of it. The bids that have since
come in, seem to be proper in content and form. The low bidder was CB&I Constructors,
Inc. with a bid of $1,180,000.00 for a one million-gallon storage tank and a bid of
$1,490,000.00 for a 1.5 million-gallon storage tank. Mr. Bierschwale recommended the
City go with the 1.5 million-gallon storage tank.
Mr. Lawrence Dublin (Ford Engineering) passed out a preliminary construction schedule.
The schedule is according to a start date of Wednesday, November 7, 2001. Mr. Dublin
then read through the schedule as follows:
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I Task name Duration Start Date I Finish Date
I Notice to proceed o weeks. Wed. 11/7/01 I Wed. 1117101
I Early Bill Materials 3.2 Weeks Wed. 11/7/01 I Wed. 11/28/01
I Detail Components 3.2 Weeks Thu. 11/29/0] Thu. 12/20/01
I Manufacturing 114 weeks Fri 12/21/01 1 Thu 3/28/02
1 Foundation 16 weeks Fri 2/15/01 I Thu 3/28/01
I Tank Erection 15 weeks Mon 5/27/02 Fri 9/6/02
I Tank Paint I 12 weeks 1 Mon 9/9/02 1 Fri 11/29/02
On site Piping, 2 weeks Mon 12/2/02 Fri 12/13/02
Sterilization &
Filing
1 Electric & Controls 4 weeks Mon 12/16/02 Fri 1/10/03
I Final Site 3 weeks Mon 1113/03 Fri 1/31/03
Work/Cleanup
Mr. Dublin reported once the notice to proceed IS issued, there would be a pre-
construction conference and documents.
Council asked who would do the on-site inspection. Mr. Dublin stated Ford Engineering
would do part of the technical inspection, but a firm from College Station would most
likely being doing the welding inspection. Mr. Dublin stated he would be responsible for
site visits during the entire construction period. He would also monitor the materials
testing. Mr. Bierschwale noted there would be a Public Works inspector on-site everyday
to document everything that is done.
Mr. Pitts thanked Ford Engineering for the process of improvement and appreciates the
work they have done so far. He then asked Mr. Bierschwale why he recommended the
1.5 million gallon storage tank versus the 1 million gallon. Mr. Bierschwale explained
the excess capacity is for future growth and to help in drought conditions.
There was some concern about the price going over what was originally budgeted, but it
was then decided that in the long run, the City would be better off with the bigger tank.
Without further discussion, Mr. Pitts moveQ to approve the bid for the Elevated Storage
Tank, for the 1.5 million gallon tank to CB&I Constructors, Inc. in the amount of
$1,490,000.00. Mr. Pitts seconded the motion, which carried with the following votes:
AYES: Councilmembers Head, Agee, Greenwald, Swinney, and Pitts.
NAYS: None
#8 Discuss and take action on amending Exhibit 1 of the Bexar Waste Service
Rates for Collection and Disposal of municipal waste (Ord. No. 01-F-02).
Mr. Cashwell explained Mr. Gutierrez brought to his attention the need to adjust the rates
within the perimeters of what his contract provides for, in response to CPI. There was
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some discussion on what the rate truly was and it was agreed the collection/disposal rates
be increased by 2.87%. This increase is within the market place rate.
Mr. Swinney questioned the Dallas, Forth Worth rates. Mr. Cashwell noted the Dallas,
Forth Worth rates were slightly higher.
Without further discussion, Mr. Pitts moved to approve the rate adjustment CPI of 2.87%
for Bexar Waste Service Rates for Collection and Disposal of municipal waste. Mrs.
Head seconded the motion, which carried with the following votes:
AYES: Councilmembers Head, Agee, Greenwald, and Pitts.
NAYS: Councilmember Swinney.
#9 Approval of Budget for Schertz/Seguin Local Government Corporation
(SSLGC):
Mr. Cashwell stated it is required under the by-laws of the SSLGC that the annual budget
be approved by both participating City Councils. The budget has already received
approval from the Corporation and the City of Seguin. Mr. Cashwell noted this budget is
reflective of the first year of operation of the water system. The total amount of revenue
from the sale of water is approximately $672,000.00. The City of Schertz is projected to
purchase about 360 thousand gallons of water at the rate of .70 cents per gallon. Mr.
Cashwell stated there will be three staff people, a chief operator of the system, an
assistant operator, and property manager. The applicants for the position of the property
manager will be reviewed this week.
Council asked if the three positions would be professional/management positions. Mr.
Cashwell answered they would be technical for the most part.
Mr. Bierschwale stated these individuals will be Seguin employees assigned to the
Corporation, they will be ground water certified and there will be an employee on duty 24
hours a day, 7 days a week.
Without further discussion, Mr. Greenwald moved to adopt the Schertz/Sequin Local
Government Corporation (SSLGC) operating budget for 2001/2002. Mrs. Agee seconded
the motion, which carried with the following votes:
AYES: Councilmembers Head, Agee, Greenwald, Swinney, and Pitts.
NAYS: None
#10 Discussion of a possible creation of a Sign Board and revisions of Sign
Ordinance for the City of Schertz:
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Mr. Cashwell mentioned there has been substantial discussion about this item. Planning
and Zoning has expressed a strong desire to better monitor the issue of signs. The only
way to do this is to create a signboard. The Code is very specific on the membership of
the board. Mr. Spain has provided documentation for what the criteria is for the members
of the board. Mr. Cashwell asked if the Council would like to move forward with the
signboard.
Mr. Spain explained the signboard is the process that has to be gone through to remove
signs that require relocations. The only way this can be done is through the signboard.
He also commented on what limits the City would like to put on new signs going up.
This would change the UDC and what signs could be permitted and what could not.
Mr. Pitts noted he wanted to be excused from this discussion.
Mr. Spain reported that Planning and Zoning's initial thought was for there to be no more
billboards, but after talking with Mr. Spain they stated they only wanted certain signs to
be banned or eliminated. Mr. Spain stated instead of focusing on what the City wants to
get rid of, they should focus on what they want to have. He noted the signs that are on
FM 78 tend to advertise businesses that are in the City, whereas signs that are on IH-35
tend to advertise businesses that are not in the City of Schertz.
Mr. Spain noted in order to ban any new signs from this day forward, the City would
have to change the UDC, but be very careful about what they ban. They don't want to
eliminate signs like rummage sale signs, Century 21 signs, and other such signs
Mr. Swinney suggested asking if the businesses would take down their existing signs if
the City would pay to have all the signs consolidated onto one nicer looking sign (similar
to the signs on the interstates that advertise Gas Stations, Restaurants, Hotels, etc.) and
that way the City wouldn't run into legal problems.
Mayor Baldwin expressed concern about taking away an advertising source from a
business that does not make much money.
Mrs. Head stated the City would not be taking away those signs, they would just be
consolidating into one nice looking sign.
Mr. Spain reiterated the City needs to decide what kind of signs they want to put up and
what they don't want and be very specific about the guidelines.
Mr. Cashwell would like to seek out some good examples from other jurisdictions. Mr.
Spain noted that Planning and Zoning has already begun to look into that.
Mr. Spain referred back to the signboard and stated the people who have to be on the
board are very specific. He noted the people on the board do not have to live in the City
of Schertz and only one person has to do business in the City of Schertz. The signboard
would have to consist of two real-estate appraisers, one person engaged in the sign
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business in the City of Schertz, one employee of TXDoT who is familiar with real-estate
evaluations and eminent domain proceedings, and one licensed architect or landscape
architect.
Mayor Baldwin asked Mr. Cashwell to have a sample ordinance brought back in two
weeks.
#11 Discussion of Fire Services Interlocal Agreement with the City of Ciholo:
Mr. Cashwell stated the agreement before Council tonight was suggested by Cibolo, in
recognition of the City of Schertz already making a substantial number of fire calls to that
area. Mr. Chuck Ba1car (City Manager of Cibolo) asked for the agreement to be
formalized so the residents of Cibolo would have coverage during the hours that Cibolo
could not respond. Mr. Cashwell at that time read from Section 3 of the agreement as
follows:
In consideration of Schertz providing the Services within Cibolo, Cibolo agrees to
pay Schertz $30,000.00 per year for services provided between 7:00am and 7:00pm,
Monday through Friday (the "Service Period"). Such amount is payable on the
effective date of this agreement and the effective date of any renewal term. Cibolo
agrees to pay Schertz $280.00 per hour for any Services Schertz provides Cibolo
outside of the Service period (up to a maximum of $15,000.00 per year). Such
additional amount as may be due pursuant to the preceding sentence shall be
invoiced by Schertz on or before the 10th day of each January, April, June, and
October (commencing January 2001), and payment shall be due within ten days of
the date ofsucb invoice.
Mr. Cashwell noted mutual aid situations would not apply to the $280.00 per hour.
Action will be taken at the meeting of November 6th.
#12 Discussion of Public Library Interlocal Agreement with the City ofCibolo:
Mr. Cashwell explained this again was brought up by the City Manager of Cibolo. It is
not mandated that Cibolo pay the City of Schertz, but Mr. Balcar felt it only fair to make
a contribution to the City of Schertz Library and would like to memorialize the
contribution by the way of an agreement.
It was noted all citizens of Guadalupe County have access to the Library. Mrs. Head
noted any Library that agrees to get rid of its local jurisdiction would be able to use any
Library in the State of Texas. She also stated San Antonio Library is dropping their user
fees as of November 1, 2001.
# 13 Discussion of ordinance to prohibit smoking in selected locations.
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Mr. Spain noted he received the New Braunfels ordinance regarding no smoking and
there is a great difference in their ordinance. Mr. Spain spoke with the City Attorney for
New Braunfe1s and learned the difference is that the New Braunfels ordinance outlaws
smoking, but a person can only be sited for the violation when caught by a police officer.
There is no penalty for the owner of a restaurant or a business who lets someone smoke.
He stated the New Braunfels ordinance is broad and has very little enforcement
possibilities. Mr. Spain reported their has not been a single citation issued in New
Braunfels because by the time an officer would arrive, the person would have already put
the cigarette out.
Mr. Spain noted the Ordinance that the City of Schertz drafted a couple of years ago is a
lot more restrictive than New Braunfels. There was some discussion concerning the New
Braunfels ordinance and the City of Schertz proposed ordinance.
Mr. Swinney stated this could become very controversial as to having one group saying
this is violating a civil right issue and there is going to be another group saying they don't
want to breathe the second hand smoke. It is going to become a public heath issue.
Mr. Pitts agreed with Mr. Swinney's comments. He also felt this is a quality oflife issue.
Mrs. Head asked if the VFW would be exempt from the law and was told yes.
# 14 Consideration of action to rescind the policy that currently restricts Judge
Stacy Padgett from hearing of certain code enforcement causes:
Mayor Baldwin stated the reason for the restriction was because Judge Padgett's father
was a code enforcement officer and that would have been a conflict of interest, but since
Mr. Padgett is no longer with the City, there should not be a problem rescinding the
policy.
Without further discussion, Mr. Pitts moveq to rescind the policy that currently restricts
Judge Stacy Padgett from hearing of certain code enforcement causes. Mrs. Head
seconded the motion, which carried with the following votes:
AYES: Councilmembers Head, Agee, Greenwald, Swinney, and Pitts.
NAYS: None
#15 Discuss and take action on the cancellation of the November 28th City
Council workshop due to the TML conference:
Without further discussion, Mr. Pitts moved to cancel the November 28th City Council
workshop due to the TML conference. Mr. Swinney seconded the motion, which carried
with the following votes:
AYES: Councilmembers Head, Agee, Greenwald, Swinney, and Pitts.
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NAYS: None
#16 Executive Session: Called under Chapter 551 Texas Government Code
A. Sub-section 551.071, settlement agreement with GRBA and possible action.
B. Sub-section 551.074, Personnel Matters: Evaluation of City Manager and
compensation thereof.
An executive session was held from 9:10pm until lO:OOpm.
#17 Action, if any, on ahove Executive Session:
16A Without further discussion, Mr. Swinney moved to approve the settlement
agreement established between GBRA and the City of Schertz. Mr. Greenwald seconded
the motion, which carried with the following votes:
AYES: Councilmembers Head, Agee, Greenwald, Swinney, and Pitts.
NAYS: None
16B Without further discussion, Mr. Greenwald moved to adjust the City Manager's
compensation, deleting the car allowance, and bringing the salary to $85,000.00, effective
October 1,2001. Mr. Greenwald seconded the motion.
Mr. Pitts asked if the $85,000 is an exact number. Mayor Baldwin answered yes. Mr.
Pitts also noted this was not a performance evaluation.
It was noted the budget would have to be amended for the purchase of a vehicle for the
City Manager's use.
Mr. Swinney amended the motion to include purchasing a vehicle for the City Manager's
use, with the understanding that it would be brought back to City Council for a budget
amendment if necessary. Mr. Greenwald seconded the motion as amended, which carried
with the following votes:
AYES: Councilmembers Head, Agee, Greenwald, Swinney, and Pitts.
NAYS: None
Mr. Greenwald
. Asked to have a discussion on the water update from the SSLGC added to the next
agenda.
Mayor Baldwin
. Reminded Council of Joint meeting with Cibolo on Thursday, November 1, 2001
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. Business Appreciation Dinner on Tuesday, October 30, 2001
. Mayor Baldwin and Mr. Cashwell are meeting with Jack Hamlet and the Mayor of
Seguin to discuss Ambulance issue on Friday.
Mrs. Head
. Announced she received 160 signatures of people willing to help with the p1ayscape
. Schertz bank donated $250.00 towards project and two gold coins for the silent
auction.
#18 Adjournment: There being no further business to discu s, Mayor Baldwin
adjourned the meeting at 10:IOpm.
~-~
~ayor, City otschertz, Texas
ATTEST:
J). --r lY'la1d ~Cl)
~ Citl Seclet~, City of Schertz, Texas
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