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ccspecwksp 08-26-1998 . . . SPECIAL WORKSHOP SESSION AUGUST 26, 1998 The Schertz City Council convened in Special Workshop Session on Wednesday, August 26, 1998 at 7:00 p.m. in the Municipal Complex Conference Room, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Hal Baldwin, presiding; Councilmembers Pia Jarman; Joe Potempa; Norman W. Agee, Sr. and Ken Greenwald. Absent: Councilmember Timothy Swinney. Staff present were City Manager Kerry Sweatt and City Secretary Norma Althouse. #1 HEARING OF RESIDENTS . Harold Schott, a police officer in San Antonio for 28 years, was at the meeting to recommend an amendment to the City of Schertz ordinance regarding firearms. Wayne Hofferichter of 10982 Ware Seguin Road, a resident of the City of Schertz, was also present to speak regarding the same subject. Mr. Schott wanted to amend the ordinance which excludes the use of shotguns. He distributed some statistics to Council on how far various types of ammunition travels. Mr. Hoffereichter was specifically interested in allowing shotgun hunting during the dove season. The consensus of Council, after discussion with both men, was to study and review the request and have Police Chief Smith work up a policy as to how shotgun hunting could be controlled. #2 Consider and take action on setting date for public hearing regarding tax rate that will increase revenue greater than the preceding tax year's revenue. Mr. Sweatt explained that due to a change in the law, if the total revenue from taxes is $1.00 more than it was last year, you must have a public hearing. It is required that the tax rate be the only item on the agenda. Mr. Potempa moved to set the date of September 9, 1998 for a public hearing regarding the tax rate that will increase revenue greater than the preceding tax year's revenue. Mrs. Jarman seconded the motion, which carried with the following votes: AYES: Councilmembers Jarman, Potempa, Agee and Greenwald. NAYS: None. . -296- . . . #3 Consider and take action scheduling a public hearing for the FY 1998/99 budget. Mr. Sweatt advised it would be appropriate and is recommended that the public hearing for the FY 1998/99 budget be set for September 15, 1998. Mr. Greenwald moved to schedule the public hearing date for the FY 1998/99 budget as September 15, 1998. Mr. Potempa seconded the motion, which carried with the following votes: AYES: Councilmembers Jarman, Potempa, Agee and Greenwald. NAYS: None. #4 Discuss sidewalk variance for HDS - Schertz Subdivision. Mr. Sweatt stated that HDS, represented by Harry Jewett, plans on building a medical clinic at Ashley Oak and FM 3009. He reminded Council they have a letter in their packets from Planning and Zoning reviewing the situation. . Mr. Jewett explained that the sidewalk will have a steep grade and they will probably need a handrail. Also the possibility exists that you can step into the culvert unless some type of cover is built. He is willing to put money into an escrow fund and also willing to explore alternatives. He is looking for suggestions. Larry Gill, also representing HDS, agreed with Mr. Jewett. Mayor Baldwin commented it has been a subject of concern for many years, and the City has stuck to its guns, where sidewalks have to come out to FM 3009. In his opinion, the sidewalk out to FM 3009 should be built. Mr. Jewett observed it looks like the City needs a pedestrian access plan. He doesn't wasn't all the liability to come back on him. Mr. Greenwald acknowledged the problem with the contour and said Planning and Zoning's idea was to put the sidewalk on one side or the other. Another option is to put 80% of the cost of the sidewalk in front of his property in escrow. Mr. Agee suggested everyone go up and take a look at the property in question. Mr. Jewett indicated he is willing to work with the City, but he needs a design solution for Ashley Oak. Mayor Baldwin mentioned the City forced one other developer along FM 3009 to put in the sidewalk and he had to build a retaining wall, but the results look great. The Mayor then asked if they could get City Engineer, Ed Ford, to take a look at the problem and perhaps make some recommendations to Mr. Jewett. Council was agreeable to this suggestion. . -297- . . . After being asked by Mayor Baldwin if there's any reason to hold up this project, Council answered no and agreed they were ready for this item to be placed on next Tuesday night's agenda. #5 Discuss sidewalk variance for Buffington Homes and Brad Galo. Mr. Sweatt related this is the first request we've had for a variance along FM 3009 since Council decided they would require sidewalks. Planning and Zoning has recommended Council deny the request, but also consider that Unit 7 of Greenshire had been platted and approved prior to Council's recommendation for sidewalks on FM 3009 and may warrant an exception. Rick Senkbeil, Construction Manager for Buffington Homes, was present to represent the request for the variance. He explained the history of Unit 7 in Greenshire much as described in the letter from Planning and Zoning. There was discussion about the request. Mrs. Jarman pointed out they talk about preserving the environment and there are lots of trees along FM 3009. Mr. Agee emphasized he is against sidewalks on FM 3009. Mr. Greenwald stated Planning and Zoning contends City Council set the rules, so they will enforce them. You can't pick and choose rules. . Ernie Evans, Planning and Zoning Chairman, referred to the previous request from HDS where the possibility of an escrow account was mentioned. He suggested Council take a hard look at it because other similar requests will be coming through. Council should look to the future. Mayor Baldwin wondered if an escrow account is legal and then stressed the need to let Planning and Zoning know Council's position on this. Council agreed about letting Planning and Zoning know their position. Mr. Greenwald felt they should still enforce the policy of requiring developers to build sidewalks down to FM 3009. Indicating they will make a decision next week on this request, Council agreed they were prepared for this item to be on next Tuesday night's agenda. #6 Discuss request from Performance Products, Inc. regarding driveway at 524 Exchange. . Mr. Sweatt reminded Council they have in their packets a letter from Steve Simonson to Jay Pearcy, President of Performance Products, regarding action by the Board of Adjustment (BOA) on June 8, 1998. The BOA denied Mr. Pearcy's request for an additional curb cut at his place of business at 524 Exchange. Council also has copies of the minutes from the BOA meeting, of a letter from Mr. Pearcy to Ken Anderson of the Inspection Department and of a letter from Mr. -298- . . . Pearcy to Mayor Baldwin. Mr. Sweatt went on to say that normally an appeal to BOA action is through the district court. There was a lengthy discussion on this and because Mayor Baldwin's daughter has the Metro Ambulance business next to Mr. Pearcy, he excused himself from the discussion and turned the meeting over to Mayor Pro-Tem Ken Greenwald. Mayor Pro- T em Greenwald asked Mr. Pearcy exactly what it is that he wants and Mr. Pearcy replied he wants the curb for safety. Mayor Pro-Tem Greenwald then asked how many parking spaces Mr. Pearcy has and he replied he currently has six - but this curb cut won't gain him any parking spaces, only ingress and egress. Mayor Pro-Tem Greenwald stated the problem is self-induced. Mr. Pearcy enlarged the building and there should have been more parking. Mr. Pearcy also mentioned he has protected the water meter located there at the request of the Public Works Department. Mayor Pro-Tem Greenwald suggested the City look into the feasibility of moving the water meter and if it can be done, then Council doesn't need to approve it. . James Hiebert of 521 Exchange stated an additional curb cut will interfere with what's in front of his house. Exchange is a narrow street and it will interfere with him getting out. Cindy Hiebert, also of 521 Exchange, mentioned that everyone has to back out onto Exchange and this will only enhance the danger. The Hieberts had pictures with them of their home and the area in which it is located. They stated that section of Schertz has maximum parking as it is Mrs. Hiebert commented it seems someone going into business would assess the parking situation. Mr. Agee observed it probably would be safer not to have to back out. Mr. Potempa asked what Council does about this. Mr. Agee, indicating he feels Mr. Pearcy is trying to get around the appeal system, questioned if what the City Manager is saying is that Council can't overturn a decision by the BOA. Mr. Sweatt replied that's correct, in his opinion. Mr. Agee then noted if they can't overturn the decision, it's a moot point. Mayor Pro-Tem Greenwald mentioned the possibility of Mr. Pearcy coming back with a different request. Mrs. Jarman agreed with that possibility. Mr. Pearcy still wanted the curb cut and Mrs. Jarman told him if that is what he wants, then he must appeal to the district court. Mr. Sweatt mentioned several alternatives. The first is the feasibility of moving the water meter and he will have that investigated. The second is that if Mr. Pearcy wishes to pursue the curb cut, then he will have to appeal the BOA's decision to the district court. The third is if Mr. Pearcy wishes to come back with a different request, then the process can start over again. . At this time the meeting was turned back over to Mayor Hal Baldwin. -299- . . . #7 Discuss ordinance amending Code pertaining to purchasing requirements. Mr. Sweatt reminded Council their packets included a memo from him and a draft of the proposed ordinance. At the present time the City takes sealed bids on purchases over $5,000. This would change that figure to $15,000 and bring them into sync with the State law. Council thought it was a good idea and agreed they were ready for this item to be included on next Tuesday night's agenda. #8 BID AWARD: Consider and take action on awarding bid for 1200 gallon water tank. Mr. Sweatt explained that this item had been budgeted last fiscal year. The City previously solicited bids and received only one from Romeo in the amount of $16,000 which did not include the chassis. The City was not satisfied with this, and having located a military truck, released Romco from their bid. Bids were once again solicited and only one was received from AM.A They meet the specifications and it is recommended the bid be awarded to AM.A in the amount of $8,000 for the tank and for options to complete the paint job on the cab and chassis an option bid of $1 ,200 for a total bid of $9,200. . Mr. Potempa moved to award the bid for a 1200 gallon water tank to A M.A in the amount of $8,000 and also award the optional bid of $1,200 to complete the paint job on the cab and chassis, making the total bid $9,200. Mr. Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers Jarman, Potempa, Agee and Greenwald. NAYS: None. #9 CITY MANAGER'S REPORT The City Manager had nothing to report. #10 ITEMS BY COUNCIL Mr. Greenwald: . · Reported lots of action at the Planning and Zoning meeting last night. First, Castle Rock (Centurion) who wants to build storage facilities next to Forest Ridge was told they will have to redo and adjust their plat. Second, Dutch Boy Cleaners plans to locate next to the Shell station on Elbel. Third, Schlotsky's plans to locate in the same loop as Bill Miller Bar-B-Q. And -300-