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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: (' 1. Corbett Junior High, 301 Main Street · Move west school zone to 150 feet west of the intersection of Oak Street at FM 1518. 17 · 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. 18 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. 19 #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. 20 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: 21 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 22 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: 23 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 24 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. 25 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. 26 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 27 . 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 28