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ccspecwksp 06-10-1998 . . . CITY COUNCIL SPECIAL WORKSHOP SESSION JUNE 10, 1998 The Schertz City Council convened in Special Workshop Session on Wednesday, June 10, 1998 at 7:00 p.m. in the Conference Room of the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Hal Baldwin, presiding; Councilmembers Norman Agee, Sr.; Timothy Swinney and Ken Greenwald. Absent: Councilmembers Pia Jarman and Joe Potempa. Staff present were City Manager Kerry Sweatt and City Secretary Norma Althouse. #1 HEARING OF RESIDENTS No one had signed up to speak. #2 Discuss final reading of Ordinance rezoning 31.03 acres out of Bexar County from Residential/Agriculture (RIA) to Manufactured Home Parks/Subdivision District (MHP/MHS). (Cliff Johnson property) . Mayor Baldwin commented that Mr. Johnson had asked for his help in getting approval of a loan for the property and he referred him to a gentleman who works for Representative Ciro Rodriguez. There being no further discussion, Council agreed they were ready for this item to be included on next Tuesday night's agenda. #3 Discuss public hearing on request from M.W. Cude Engineers, L.L.C. (ABG Investments) to rezone 20.54 acres out of Guadalupe County from General Business (GB) to Single-Family Residential Dwelling District (R-2). Said property is bordered east of Schertz Parkway, north of Maske Road, west of Woodland Oaks Subdivision and south of Ashley Place Subdivision. (Public hearing scheduled for June 16th.) Mr. Sweatt explained that all the frontage will remain zoned General Business. Planning and Zoning held their public hearing on May 13th and the Council public hearing is scheduled for June 16th. Michael Cude of M.W. Cude Engineers was at the meeting. He related there will be 113 lots in this development and the owner is ABG Investments. . While looking at the drawing, Mr. Swinney asked if there is an exit on Maske Road and Mr. Cude answered there is not. Mr. Cude went on to say, however, that this development will open up Woodland Oaks Drive all the way to Schertz Parkway. Mayor Baldwin observed how nice it will be to see that street opened up. -213- . . . Mr. Swinney noted he will have to abstain when it comes to a vote on this because his father-in-law, Malford Ackermann, owns land in the immediate area. His father-in-law is always concerned about drainage. Mr. Cude pointed out drainage is also a big part of their concern and that's why they put in a detention pond. Mr. Swinney asked if the pond is doing its job and Mr. Cude replied it is. Mr. Swinney then asked what kind of fence they will install and Mr. Cude was not sure at this time. Mr. Sweatt advised Mr. Cude it would be a good idea to have all his drawings at the public hearing. Mayor Baldwin asked what price range the homes will be in and Mr. Cude replied he doesn't know. Mr. Swinney then questioned if there is a sidewalk requirement on Schertz Parkway and was told by Mr. Sweatt there is such a requirement. After being asked by Mayor Baldwin, Council indicated they were prepared for this item to be on next Tuesday night's agenda. #4 Consider and take action setting a date for a public hearing on a request from the City of Schertz to rezone two parcels of land, 5.290 acres and 5.674 acres adjacent to City offices on Schertz Parkway, from Single- Family Residential District (R-1) to Public Use District (PUB). . Mr. Sweatt related this is the property on which the new emergency services buildings will be located. The City Secretary indicated that July 7th would be the next best date for a public hearing. Mr. Greenwald moved to set the date of July 7, 1998 for the public hearing on the request from the City to rezone two parcels of land, 5.290 acres and 5.674 acres, from R-1 to PUB. Mr. Swinney seconded the motion, which carried with the following votes: AYES: Councilmembers Agee, Swinney and Greenwald. NAYS: None. #5 Consider and take action on emergency reading of Ordinance regarding water conservation. . -214- . . . Mayor Baldwin introduced an ordinance and read the caption as follows: ORDINANCE NO. 98-F-16 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING ARTICLE IV, MANDATORY WATER CONSERVATION, SECTION 19-96(a); PROVIDING A REPEALING CLAUSE; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. Mr. Sweatt advised this revision is necessary primarily so the stages in the City coincide with the stages set up by the Edwards. There are a few other minor adjustments. Mr. Greenwald moved to approve the emergency reading of an Ordinance regarding water conservation. Mr. Agee seconded the motion. . Before the vote, Mr. Swinney stated his objections to the penalty surcharge in Stages IV and V for using over 17,000 gallons of water. He feels large families are being penalized and a more humane way to handle the situation would be for them to talk with someone and if they can keep the usage below 3,000 gallons per capita, then give them a break. Mr. Sweatt acknowledged he understands the argument and could make the same one for large lots versus small lots, but he doesn't know how to administrate that policy fairly. Mr. Swinney observed that having a large yard is a conscious decision. Mr. Sweatt admitted that in 1996 there were those who paid the penalty when the City moved into Stage V. Mr. Greenwald asked how many paid the penalty and Mr. Sweatt didn't know, but remarked it was those who used their water primarily for landscaping purposes. Mr. Swinney proposed a small safety valve of 3,000 gallons per capita or 17,000 gallons. Mr. Sweatt noted that the sewer average is 7,000 gallons and 17,000 gallons is a lot of water. Those who use over that amount are watering their landscaping - it is not for family usage. Mayor Baldwin commented he sees Mr. Swinney's point, but when you make an exception, you open the door for so many other decisions. You're better off if your policy is cut and dried. Mr. Greenwald remarked that if the City is stuck with the allocations from the Edwards, they will probably have to cut the 17,000 gallon figure. . Mr. Swinney emphasized, again, he feels larger families are being penalized. Mr. Greenwald stated he doesn't think they're being penalized right now, but Mr. Swinney insisted the potential is there. -215- . . e Mr. Agee inquired if there's a hardship, could payments be spread out. Mr. Sweatt answered yes, but the City doesn't like to make a habit of doing that. At this time the vote was taken and the motion carried as follows: AYES: Councilmembers Agee, Swinney and Greenwald. NAYS: None. Mr. Sweatt indicated he would get Council a copy of the statistics from 1996. #6 Discuss bids for data processing equipment. Mr. Sweatt distributed a memo from City Comptroller, L.J. Cott, with some changes to the original memo which was in the packets. The low bidder, AIIGen Computer Warehouse, is still the same, but the total is different. This should be state-of-the-art equipment, which the company will be able to install and meet the City's qualifications. Then CPS (the City's software provider) will take over. Mr. Swinney asked if AIlGen is local and was told they are out of San Antonio. . Mayor Baldwin asked if it's legal to take another bid from the same company. Mr. Sweatt explained they didn't realize the Pentium and Pentium II are not equal PC's. AIIGen was contacted and supplied a new price for the Pentium II. Mr. Swinney remarked it's more of a clarification versus being another bid. Mayor Baldwin then asked if AIlGen had a chance to see all the other bids and Mr. Sweatt replied no one was present when the bids were tabulated. Mayor Baldwin commented he has no problem as long as Council is willing, but he believes under the new laws, it's illegal. Mr. Greenwald inquired if everyone else bid Pentium II's and was told they did. Mr. Swinney noted the intent was there and indicated he doesn't see any impropriety. Mr. Sweatt stressed that AIIGen did not have an advantage on the others because they did not see the bids. Mayor Baldwin again stated that if Council has no problem with it, then he doesn't. The Mayor then asked Council if they were ready for this item to be included on next Tuesday night's agenda and they affirmed their readiness. #7 Discuss reduction of speed limit on Green Valley Road; and #8 Discuss request for all-way stop at Green Valley Road and Greenshire. (Mayor Baldwin suggested, since both Items #7 and #8 pertain to Green Valley Road, that they be discussed together.) . Mr. Sweatt informed Council these ideas came about as a request from a resident. Both the Public Works Department and the Police Department reviewed the request and are recommending lowering the speed limit on Green Valley Road from 35 mph down to 30 mph, and are also recommending placing an all-way stop at Green Valley Road and Greenshire Drive. Traffic studies -216- . . . indicate that two-thirds of the westbound traffic on Green Valley Road comes to FM 3009 from points beyond the City limits and two-thirds of the eastbound traffic continues beyond the city limits. Mr. Sweatt said he knows there will be lots of complaints about the stop sign, but eventually there will be development in the area and other streets will be brought out to Green Valley Road. It is felt the stop sign will make a significant difference. Mr. Swinney, stating he jogs along Green Valley Road, mentioned that cars zip by and he can't really see what good a stop sign will do. He understands the intent, but doesn't see the logic of placing a stop sign on a hill. Mayor Baldwin asked who recommended the stop sign and Mr. Sweatt answered Public Works suggested it to cause an interruption in the traffic since the City can't keep a patrol out there all the time. Mr. Greenwald commented he has no problem with a stop sign there. If it doesn't work, then it can be changed. Mr. Agee echoed Mr. G~eenwald's sentiments. Mr. Swinney emphasized, again, he is not in favor of the stop sign. Mr. Sweatt related the lowering of the speed limit and the placing of the stop sign will be in the form of an ordinance on next Tuesday night's agenda if Council has no objection. Council did not object. . #9 Consider and take action regarding membership on Schertz Economic Development Corporation Board of Directors. Mr. Sweatt advised that the by-laws of the Corporation state that four (4) directors must be members of City Council. Since Charles McDonald is no longer a Councilmember, he cannot serve at this time. Mayor Baldwin recommended appointing Mr. Potempa. Mr. Swinney thought that was great if Mr. Potempa has the time. Mr. Greenwald mentioned they could ask him Tuesday night if he wants to serve on the Corporation's Board of Directors. Mr. Swinney then asked if the Council has Mr. McDonald's official resignation. Mr. Sweatt answered his decision is reflected in the Council minutes and the by-laws of the Corporation are clear. There was no action on this item. Mayor Baldwin asked that it be included on next Tuesday night's agenda for action at that time. #10 Discuss policy regarding use of Internet and E-Mail systems. Mr. Sweatt observed that most cities are wrestling with this problem and he felt it appropriate to ask Council to adopt a policy. They would rather not make a criminal case out of it unless it is abused. Mayor Baldwin noted they covered just about everything in this policy and at least they have one for the employees to sign. . -217- . . . Mr. Swinney stated it is a good solid document. USAA encourages personal use, but restricts religious activities of any kind. Did the City look at staying away from political web sites? Mr. Sweatt replied they did not. Mr. Sweatt told Mr. Swinney he would like a copy of USAA's policy and he will send it to the City Attorney for review. Mr. Swinney stressed the City needs to stay away from religion, politics, pornography and all contentious issues. Mr. Sweatt indicated this item will not be on next Tuesday night's agenda, but they will wait instead for Mr. Swinney's copy of USAA's policy. #11 Discuss the following: A. First reading of Ordinance reflecting change of name from Security Capital Industrial Trust to ProLogis Trust. B. First reading of Ordinance reflecting change of name from Ramada Inn, Ltd. to Atrium Inn. Mr. Sweatt pointed out that both these ordinances are purely logistic to reflect name changes of the organizations. Council saw no problem and indicated they were ready for this item to be included on next Tuesday night's agenda. . #12 CITY MANAGER'S REPORT . Reminded Council they are about to enter the budget season again. The workshops for the budget are tentatively scheduled for August 4, August 12, August 18, August 26, and perhaps September 2. They hope to file the budget earlier this year. . Stated, with Council's permission, they would like to place an item on next Tuesday night's agenda regarding a sidewalk waiver for a Buddhist Temple locating on FM 1518. Council had no objections. . Announced he will be gone tomorrow through Tuesday afternoon. #13 ITEMS BY COUNCIL Mr. Swinney: . Mentioned he has the City Manager's evaluation for the Mayor. It doesn't have a separate title for personal characteristics. . Noted that in the U.S. News for June, there is an interesting article on smart cities and their ideas for turning a city around. . -218- . . . . Reported visiting the web site for the City of Schertz this morning. It's easy to access, very basic and impressive. Mr. Sweatt remarked they will be using that same format (with the seal) on the Talk of the Town television program. The first hour will be filmed this Friday. Mr. Aaee: . Commented he also has the City Manager's evaluation for the Mayor. Mr. Greenwald: . Stated Council will be receiving a letter from Planning and Zoning regarding the appointment of Keith Van Dine as Secretary and the appointment of new member George Maxfield. . Noted Planning and Zoning received a plat from GVEC on their new building. They plan to block off Richmond with a gate. He foresees trouble with trucks on Richmond. Mr. Swinney wondered if GVEC plans to use their current building as well as the new one and Mr. Greenwald replied he doesn't know. . . Commented Mike Lancaster came in with a preliminary plat for Aroya Verdi Subdivision. He had requested a variance on sidewalks, but decided to withdraw that request. . Informed Council that Planning and Zoning had asked Randy Dim, developer for Oak Trails, for additional information on the Traffic Impact Analysis for the proposed subdivision, but apparently they didn't ask the right questions, because they didn't get the information they wanted. Mayor Baldwin asked what problem the Oak Forest residents have with this proposed subdivision and was told they don't want any additional traffic and don't want anyone building behind them. Mr. Sweatt added they want Mr. Dim to send all the traffic out to Wiederstein. Mr. Greenwald said unless the City can find something which prohibits it, Mr. Dim will be able to build. He has withdrawn his request to change the zoning, so City Council will not be involved in the process. Mayor Baldwin mentioned the need to have a joint meeting with Planning and Zoning to discuss traffic on FM 3009. . Remarked that Keith Van Dine heard a rumor about a drag racing facility going in at 1-10 and Santa Clara Road. #14 ITEMS BY MAYOR . . Promised to keep Council posted on the progress of the Hickman hearing. Mr. Hickman is the gentleman who is suing the City in regard to Freeway Manor. -219-