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ccspecwksp 03-15-2000 . SPECIAL WORKSHOP SESSION OF THE SCHERTZ CITY COUNCIL MARCH 15, 2000 The Schertz City Council convened in Special Workshop Session at 7:00 p.m. on Wednesday, March 15, 2000 in the Municipal Complex Conference Room, 1400 Schertz Parkway, Schertz, Texas. Those present were as follows: Mayor Hal Baldwin, presiding; Councilmembers Pia Jarman; Joe Potempa; Glyn D. Williams and Ken Greenwald. Absent: Councilmember Reginna Agee. Staff present were City Manager Kerry Sweatt and City Secretary Norma Althouse. #1 HEARING OF RESIDENTS Robert Mayle of 1509 Green Valley Road signed up to speak about a drainage problem. Mr. Mayle said he bought his property one year ago and now Pulte is building a drainage culvert about 3 inches from his property line and draining all their water on his property. He had a meeting with Sam Bledsoe and Ed Ford two weeks ago, but he never heard back from them. He called Sam Bledsoe to find out why he hadn't heard anything and was told they will leave it the way it is - they can't do anything about it. Previously when there was a good rain, his property had about one inch of water, now it's more like five or six inches. . Mr. Mayle went on to say Mike Lancaster is the developer and he said the natural flow of the water is on the back side of Mr. Mayle's property. Mr. Mayle also mentioned there is a trash problem and Mr. Lancaster told him they are putting up a wooden fence which will stop the trash, but he disagrees. Mr. Mayle brought pictures for Council to see. Mayor Baldwin asked when the pictures were taken and Mr. Mayle replied after the rain about three weeks ago. Mr. Mayle asked for help from both Council and the City Manager. He mentioned he planted 175 red tip bushes and because of this drainage onto his property, some of them are dying. Mayor Baldwin inquired about the City's position on this. Mr. Sweatt indicated the plat for the development was approved and they consider it legal. They could get an opinion from the City Attorney. The subdivider is responsible for the debris and the water flow is a natural flow. Mayor Baldwin then asked what the rule is on the amount of water you can dump on a neighbor's property. Mr. Sweatt responded by saying you can't change the direction of the flow. Mayor Baldwin wondered if that's why the City makes some developers put in a retention pond. Mr. Sweatt pointed out it's called a detention pond and the purpose for it is to delay the water. After some discussion about this, Mr. Mayle emphasized that when the developer is long gone, then it will just be him and the City. . Mr. Williams mentioned that at one time there was a problem with a portion of Woodland Oaks flooding Berry Creek. Eventually it was resolved. Mayor Baldwin stressed they -133- . want to solve this problem with Mr. Mayle before five years from now. Mr. Mayle commented, once again, he has been told it will stay the way it is and he needs help to resolve it. Mayor Baldwin remarked that if you look down from the top of the hill, you could see where all the water would end up. Mr. Potempa asked if he understands correctly that all the drainage runs down to a 9-foot right-of-way. Mr. Greenwald indicated that about only half of the drainage runs to that right-of-way. Mayor Baldwin noted they need to get hold of the City Attorney, speak with Ed Ford, and the Council needs to take a position on this problem. Mr. Mayle stated he came to Schertz to get away from Kaufinan and Broad behind him. He didn't realize Pulte would do this. He would appreciate any help he can get. Just give him a call. Mayor Baldwin asked that Council consider the possibility of moving Item #6 (discuss frrst reading of Ordinance regarding annexation of 16.616 acres of land out of Comal County) up as the next item. Council had no objection. Mayor Baldwin mentioned they've already covered pretty much everything in past discussions. . Mr. Sweatt stated one issue was the Comal County Sheriffs office for police service. This prompted a brief discussion about what agreements the City has for police, fire and EMS services. Mr. Williams thought it should have been pointed previously that the City has mutual aid agreements. Mayor Baldwin said he thinks it's mutual aid agreements now, but when the property is annexed, it will be permanent agreements with the City. Mr. Williams admitted he was informed of this by Mr. Potempa. He didn't know. Mayor Baldwin acknowledged they make too many assumptions about what new people on the Council know. Mr. Williams thought this information should have been given to the public. Mrs. Jarman said if he's talking about George Mower, Mr. Mower has a hearing problem and Council becomes his group therapy. Mr. Williams pointed out he's still a citizen. Mr. Potempa asked how long the school's contract is with the Comal County Sheriffs department and Mr. Linnartz replied it's an annual contract. Mr. Potempa then inquired if this will change after annexation. Mr. Sweatt answered the school has their own officers which they will use first, but in a dire emergency, the City will respond. Mr. Linnartz related they have two truancy officers. Mr. Potempa asked who they call if marijuana is found in a locker. Mr. Sweatt answered probably the school police. Chief Smith added they probably have a policy of calling the school police first. Mr. Linnartz explained they are trying to set up a program similar to that used by the SCUC ISD police. . Mr. Greenwald told everyone if they get a chance, drive by the school location. Building in the area is booming. -134- . Council agreed they were ready for this item to be placed on next Tuesday night's agenda. Mr. Sweatt mentioned Juan Guerrero, SAFES EMS Director, is here to distribute pagers to Council and that was accomplished at this time. Mr. Guerrero showed the Council how to use the pagers and answered their questions. #2 Discuss audit report for FY 1998/99. Fred Timmons of Thompson, Williams, Biediger, Kastor & Young, L.C. was present to discuss the audit report. He apologized for the incorrect information on the front cover page and said it would be corrected by next week. Mr. Timmons reviewed the revenue funds and the expenditure funds and stated the City is in a very strong financial position. Mayor Baldwin questioned the library being over budget and asked why the budget wasn't amended. Mr. Sweatt explained it had been a very bad year because of the flood and they didn't get it done. He and Mr. Jain, the Comptroller, will be more attentive this year. . Among the individual items discussed were recycling, hotel/motel tax, comparison between SAFES themselves and an outside source doing their billing, why SAFES fund raiser contributions and Fire Department fund raiser contributions are not included in the audit, the swimming pool, the library, why fleet services needs to break even, and personnel services. Mr. Timmons commented he finds the finance department very capable. The new software will be a big improvement. He will have a report on the Schertz Parkway Zone (TIF) and the Economic Development Task Force. Mayor Baldwin noted that for those who have been on the Audit Committee for three years, they know what we went through to get audited by July. He thanked Mr. Timmons for his time. #3 Discuss Investment Policy. Mr. Sweatt reminded Council he had included a copy of the investment policy in their packets adopted by the City in 1994. Mr. Jain attended a seminar and learned we should be reviewing it and ratifying it on an annual basis. If Council agrees, we will include it on the next agenda for ratification. Mr. Greenwald verified they are making no changes. Mr. Jain stated he thinks it's sound as it is. Mrs. Jarman asked if the investment officer is the Comptroller and was told that's correct. . -135- . After review of the policy and the clarifying of some points, Mrs. Jarman asked if the City was not aware before of the need for it to be approved annually and Mr. Sweatt answered that's true - they were not aware of that requirement. Mr. Sweatt went on to say the windows of opportunity for us are smaller than for a private business. Mrs. Jarman asked if the policy can be amended and Mr. Sweatt replied yes. Council indicated they were prepared for this item to be included on next Tuesday night's agenda. #4 Discuss recommended revisions to Schertz Parkway Zone By-Laws. Mr. Sweatt advised that Council has a copy of the revised by-laws and a memo from Mark Marquez, Executive Director of the Schertz Parkway Zone, in their packets. Action to revise the by-laws was necessary due to the school district no longer being a participant. The only substantive changes were to the number required for a quorum (from 4 to 3) and the deletion of the references to the school district as a participating tax entity. These revisions require ratification by the participating tax entities. . Mr. Potempa reported the Board of Directors of the Schertz Parkway Zone set the increment percentage for the calendar year 1999 tax contributions. They voted to keep the increment percentage at 35% for calendar year 1999 taxes. They are interested in moving along with their goals. Mrs. Jarman asked if we could make the school district pay and Mr. Sweatt replied that would be too costly. Mayor Baldwin mentioned that at one of the meetings, Bob Pond asked if the County is getting out. Mr. Sweatt acknowledged that Commissioner Wolverton sent the City a letter threatening them not to spend money out of the Schertz Parkway Zone fund. Mr. Potempa commented Schertz Parkway is starting to fall apart and they need to do something. Mayor Baldwin remarked they need to sell bonds. To this, Mr. Sweatt said they need to get some information together. Mr. Potempa added they would like to go with the City because of lower rates. Mayor Baldwin questioned the cost of the drainage ditch and Mr. Sweatt answered it is $6,000,000 and indicated they still believe they can get a grant to cover 75% of the cost. They were turned down once, but an application is on file. Mr. Potempa asked Mr. Sweatt how long he predict the application process will take and Mr. Sweatt replied about four or five months. Mr. Williams wondered about the possibility of selling two bond issues to the citizens in one packet and Mr. Greenwald mentioned they're limited as to how much they can sell. . -136- . Council indicated their readiness for this item to be included on next Tuesday night's agenda. #7 Discuss public hearing regarding street name change request for streets in the Woodbridge Subdivision. Mr. Sweatt reported that six letters had been sent to property owners within the required distance and one was received in favor and one opposed. The public hearing on this request is scheduled for next Tuesday, March 21 st. Mr. Sweatt read the recommendations for the name changes. In Unit 1, Woodbridge Way replaces Bushback Way, Covered Bridge replaces Gemsbuck Hill and Cedar Bridge replaces Gemsbuck Falls. In Unit 2, Roseman Bridge replaces Gazelle Cliff, Holliwell Bridge replaces Gazelle Forest, McBride Bridge replaces Impala Spring and Cutler Bridge replaces Gazelle Lake. Mr. Sweatt stated there will be a public hearing and they will have an ordinance for frrst reading. Council agreed they were ready for this item to be on next Tuesday night's agenda. #8 Discuss recently attended Texas Municipal League Training Program. . This item was postponed until another meeting. #9 CITY MANAGER'S REPORT . . Reported funds have been set aside for landscaping at the new buildings. They asked Chief Smith to secure prices for an underground sprinkler system. The best price is $11,800 for an underground sprinkler system, which will water all the underground. They feel it is imperative to go with it now. Mr. Potempa asked how much money had been allocated and Mr. Sweatt replied $40,000. Mr. Sweatt went on to say they have also proceeded in checking on hydromulch, sodding and some amount of shrubs and those items come to approximately $10,000. We will need additional landscaping, but this should prevent erosion. They are proposing to go to the tree mitigation fund and buy trees. Mr. Potempa inquired about a date for moving into the new buildings and Mr. Sweatt answered they have a walk-through inspection scheduled for March 30th, but he doesn't know if they're ready. One of the items suggested for landscaping was Buford Hollys and Mr. Williams recommended not getting those and letting the volunteers do their thing. Mayor Baldwin asked what a Buford Holly is and Mr. Williams answered it's like a hedge. Mrs. Jarman noted landscaping takes a lot of time and planning. Mr. Greenwald asked why not get hold of the volunteers. Mayor Baldwin asked if the City has money to help them out and Mr. Sweatt replied yes. Mr. Sweatt also reminded Council they don't need high maintenance items. Mayor Baldwin said he thinks they have their own xeriscape plan. Mr. Williams suggested they go ahead with the trees before anything else. Mr. -137- . Sweatt asked if it's okay to go ahead with the sprinkler system, the hydro mulch, sodding and some shrubs. The consensus of Council was to go ahead. . Reminded Council April 24th is Employee Remembrance Day at noon at Public Works. We usually have it on the first day of spring, but there was a little trouble with the plaque for Tom Funk, so we moved the date. . Related April 22nd is the Employee Picnic at the Schertz Park. Also, the Herald is sponsoring an Easter Egg Hunt that same day in the morning at the Schertz Park. Mr. Williams said he thought Woodland Oaks was having their Easter Egg Hunt that same day. . Announced there is a TML Regional Meeting this Friday, March 17th at 5:30 p.rn. in Live Oak . Mentioned that starting tomorrow there will be more paving in the City's parking lot. #10 ITEMS BY COUNCIL Mr. Greenwald: · Remarked, in regard to parking lots, the Planning and Zoning people and those on the . agenda had a hard time finding a parking space for the meeting last night. · Asked if R.E.L. is supposed to start picking up rocks and Mr. Sweatt replied yes. Mayor Baldwin said they worked in his neighborhood this week. As far as the seal coating, the Mayor thinks they did a good job this time. . Mentioned that April 1 st is the opening day for softball. · Noted Bob Bomer is upset with Planning and Zoning over the tree mitigation requirements. · Related the latest subdivision plat to come before Planning and Zoning is James Woods Subdivision. It's 87.29 acres off Schertz Parkway. Mayor Baldwin asked if it's gated and Mr. Greenwald replied no, and there will be two entrances. Mrs. Jarman: . . Reported the Humane Society held Adoption Day on March 11 th at Garden Ridge Pottery. There was not a big turnout. Two more Adoption Days are scheduled. A lot of the new people don't know where things are and what's going on. Mr. Williams suggested getting a link on the web page. Mrs. Jarman said another Adoption Day event is scheduled for the first Saturday and Sunday in April at HEB in Schertz. Mr. Williams asked if the City is still putting information about the Humane Society in the newcomers packet and Mr. Sweatt replied yes. This prompted some discussion -138- . about the fact there used to be a Welcome Wagon in Schertz, but no one knew if it existed anymore. . Referred to the audit and mentioned that the Friends of the Library also have money invested. . Commented that on March 1 st everyone received a memo regarding the policy on naming City buildings and we probably need to make a decision on that. Mayor Baldwin suggested it be put on a workshop agenda and the Council develop a policy. The consensus of Council was to put it on the agenda of the March 29th workshop. . Inquired if Council also wants to work on the Rules of Conduct for Council. Mayor Baldwin stated the policy naming City buildings and the Rules of Conduct for Council are two things they feel are important and Mrs. Jarman has agreed to facilitate their development. Maybe we need a retreat or a workshop to talk about the Code of Conduct. Mrs. Jarman suggested starting in the morning on a Saturday and ending with lunch. Mr. Williams volunteered to work up a power point slide show. He commented it would have been nice to have had a Council orientation. Mayor Baldwin asked Mr. Potempa if he could swing a Saturday - they would do it at his convenience. Mr. Potempa asked when and Mayor Baldwin replied maybe early April. Mr. Potempa promised to check into the possibility of being able to participate. . Mr. Potempa: · Distributed a Nacho Guarache cartoon from the San Antonio Express-News for Council to see. It had to do with a trunk full of high grade St. Augustine grass. Mr. Williams: · Wondered if anyone saw the e-mail about the Schertz United Methodist Church wanting to locate a sign on the Autumn Winds property advertising a bazaar they're having in April. Do they need a permit? Mr. Sweatt replied yes they do and it's $10.00. · Noted the bandit signs have been disappearing. Mr. Greenwald commented a lot of people have been in wanting Planning and Zoning to grant them permission to put up bandit signs. . Inquired if there will still be access under the railroad bridge once the FM 78 widening is completed. Mr. Sweatt replied yes, via Aztec Lane. · Related the contractor for the lift station lives next to him and his truck is always parked in the street. . -139- . #11 ITEMS BY MAYOR . Commented he received a letter from Warren Klebig informing him of his resignation from the Housing Authority Board effective March 31, 2000. Mr. Klebig is recommending his son Mark be appointed to fill his vacancy. Unless there's another nominee, he'd just as soon appoint his son to replace him. The consensus of Council was for him to appoint Mark Klebig to the position. Mayor Baldwin stated if there's a problem, he will call the members of Council. #12 ADJOURNMENT There being no further business to discuss, Mayor Baldwin adjourned the meeting at 10:24 p.m. . ATTEST: ~~~ City Secretary, City of Schertz . -140-