ccspecwksp 07-26-2000
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SPECIAL WORKSHOP SESSION OF THE SCHERTZ CITY COUNCIL
JULY 26, 2000
The Schertz City Council convened in Special Workshop Session on Wednesday, July
26, 2000 at 7:00 p.m. in the Municipal Complex Conference Room, 1400 Schertz
Parkway, Schertz, Texas. Those present were as follows: Mayor Hal Baldwin,
presiding; Councilmembers Joe Potempa; Reginna Agee; Glyn D. Williams and Ken
Greenwald. Absent: Councilmember Norma Head. Staff present were City Manager
Kerry Sweatt and City Secretary Norma Althouse.
Before opening the meeting, Mayor Baldwin presented a Proclamation to Police Chief
Jerry Smith declaring August 1, 2000 ''National Night Out" in the City of Schertz.
National Night Out is a nationwide crime, drug and violence prevention program. Chief
Smith commented they are trying to get more neighborhoods involved. Lewis Kreutler
has been going around and speaking to neighborhood associations. Mr. Potempa related
getting a letter from the Schertz Bank saying they are doing fingerprinting that night.
#1 HEARING OF RESIDENTS
Three people had signed up, but all were for agenda items. They will be recognized to
speak when their particular agenda item comes up.
. #2 Consider and take action regarding vending machine agreement for placement
of equipment in the park.
Mr. Sweatt advised the City is proposing a contract with Indy Vending for placement of
equipment in the park. They plan to put vending machines at the large pavilion and near
the restrooms in the lower end of the park near FM 1518. It is a two-year contract which
could be renewed, they would pay the City 20% of sales monthly, and the City believes it
is a good deal.
Mayor Baldwin questioned if there's a severability clause and Mr. Sweatt replied yes.
The Mayor then asked if they had asked about security so the machines couldn't be
pushed over. Mr. Sweatt answered they had checked into that.
Mrs. Agee wondered how much trash would be left lying around or would the patrons of
these machines utilize the trash containers. Mr. Sweatt pointed out the dumpsters and
trash cans are there for them to use.
Mayor Baldwin inquired if these vending machines would infringe on BVY A
concessions and Mr. Greenwald answered they would not.
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Mr. Potempa asked why Paragraph 5B, Company may terminate this agreement as
follows: i Breach or default of any material obligation of City. ...; and ii If City flies
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protection under the federal bankruptcy laws.... included and Mr. Sweatt replied it's a
standard provision.
Mr. Williams inquired what happens if the electricity goes out and Mr. Sweatt replied
that would be a problem.
Mr. Potempa moved to approve the vending machine agreement between the City of
Schertz and Indy Vending for placement of equipment in the park. Mrs. Agee seconded
the motion, which carried with the following votes:
AYES: Councilmembers Potempa, Agee, Williams and Greenwald.
NAYS: None.
#3 Consider and take action on setting a date for a public hearing to discuss a
request from Tim and Sheila Fetter to rezone 3.5 acres from Neighborhood Services
(NS) to Single-Family Dwelling District (R-l).
Mr. Sweatt stated Planning and Zoning held a public hearing on this request and
recommended approval. August 15th would be the earliest possible date for a Council
public hearing. The property is located on Ashley Oaks.
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Mr. Fetter was present and told Council the lots would be 90' x 234', the homes would be
custom built, there would be no garages facing the street, and the minimum size home
would be 1800 square feet.
Mr. Greenwald moved to set the public hearing date on a request from Tim and Sheila
Fetter to rezone 3.5 acres from NS to R-l as August 15,2000. Mr. Potempa seconded the
motion, which carried with the following votes:
AYES: Councilmembers Potempa, Agee, Williams and Greenwald.
NAYS: None.
#4 Discuss improvements to Green Valley Road.
Mr. Sweatt had included a memo in the Council packets regarding this matter. It
basically said they met with the developer's engineer and the City Engineer to review
alternates and suggestions and came up with the following items for consideration:
Conceptual agreement with the developer of the Besch property for the developer to pay
the cost for revision of the existing 20' pavement to a 30' (slightly off-set crown) through
reprocessing of existing base and adding base as required to provide a full 10" base depth
rural section roadway (with drainage), complete with 1 3/4" thick hot mix resurface.
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Begin acquisition of additional 10' of right-of-way in those areas where needed to expand
to a full 60' right-of-way.
Developer to installl00-year drainage structure at the large Dietz Creek crossing.
City to pay no more than $85,000 for the cost for the smaller stream crossing drainage
structure (designed to 1 OO-year size).
The preliminary estimate for reconstruction and drainage, exclusive of de~ign and
contingency, is $358,651 For the full urban section, including design and contingency,
the preliminary estimate is $989,000.
Mr. Sweatt admitted it is against their better judgment, but they see no other choice. If
the cost to the City were $85,000, it would have to bid out. Don McCrary would be
representing the developer. The downside to this is there are other roads in the City with
the same needs. Of course, the City does have the right to assess property owners.
Mr. Potempa asked what kind of money we're talking about to get the road up to the
standards we require and Mr. Sweatt replied approximately $989,000.
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Mr. Williams asked what it would cost if design and contingency were included (since
they were excluded in the primary estimate) and Mr. Sweatt replied approximately 12%
more, but it's just a number.
Mr. Potempa wondered why not go ahead and bring it up to standard. Mr. Sweatt
answered they feel nothing would be lost for some widening at a future date if they go
ahead with what was suggested in the memo.
Mr. Potempa then asked if the right-of-way acquisition was included in the money and
Mr. Sweatt replied no. They feel most property owners would dedicate. Mr. Williams
inquired if the property owners wouldn't dedicate, how much money are talking about.
Don McCrary of Don McCrary & Associates answered if you have to get into
condemnation, it can be very costly.
Mayor Baldwin questioned if Robert Mayle is in this area and Mr. Sweatt answered yes.
The Mayor then remarked the only issue is if the City wants a County-quality road (30'
wide).
Mrs. Agee asked how much the developer is going to have to obtain - 500 feet. Mr.
Sweatt replied that's correct. Mrs. Agee then stated it's not idea~ but definitely better
than what we've got. Mr. Greenwald acknowledged it's a step in the right direction.
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Mrs. Agee then inquired if the City is doing this on a contingency and Mr. Sweatt
answered yes. Mayor Baldwin said it bugs him that we're helping the Green Valley Loop
people.
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Mr. Potempa asked what about Commissioner Wolverton - could the County come
through with any money. Mr. Sweatt acknowledged he had spoken with Commissioner
Wolverton to ask him the County would participate, but they haven't reached an
agreement yet.
Mr. Potempa questioned how long the $358,651 would remain valid and Mr. Sweatt
answered he didn't know.
Mayor Baldwin asked if these considerations were the developer recommendation and
Mr. Sweatt replied they simply negotiated. Mr. Williams emphasized that if it doesn't
cost the City anything, then he's in favor of it. Everybody keeps coming in and pushing
the City around. Mr. Potempa and Mrs. Agee agreed.
David Richmond pointed out that Planning and Zoning worked diligently for years on all
the development along Green Valley Road. The additional intent was to get developers
to participate. However, you can't get developers to do something they can do another
way. This present developer has provided the best presentation of Besch development
we've seen. He doesn't see us as a City doing any better and improvement is essential.
The consensus of Council was they have no problem with a 30' pavement, but the cost
needs to be borne by the developer.
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#5 Discuss Hometown Hero nominations.
Mayor Baldwin stated Mrs. Head, who is absent this evening, said she had a list of
nominations, so Council will do this later wen she's present.
#6 Discuss possible billboard sign regulation matters.
Mr. Sweatt reminded Council they have in their packets a letter from the City Attorney
giving his opinion on the Planning and Zoning Commission's proposed changes to
eliminate off-premise signs.
There are 45 billboards in the City. On IH-35, thirteen advertise for local businesses and
on FM 78, four advertise for local businesses. The staff has some concerns about
eliminating all billboards. Some businesses depend on billboard advertising. Our
ordinances addressing the overlay districts address the matter in those areas having an
overlay district. Council will have to decide how far they want to go on this and give the
City some direction
Mayor Baldwin commented if the City were just starting today, they could pass an
ordinance regarding billboards, but it's too late - we're way beyond that.
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Mr. Potempa stated he has no problem with existing billboards as long as they are kept in
repair. He can't see hurting businesses. If we eliminate billboards, then that means
Schertz is not the "friendly" City they claim to be.
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David Richmond, Vice-Chairman of Planning and Zoning Commission, was present to
represent this item. Mr. Richmond mentioned he had done a lot of research on this
subject, brought it before the Planning and Zoning Commission, and they thought it was a
good idea. They think beautification (wildflowers, etc.) along FM 78 after the widening
is completed is a great idea.
Mr. Richmond further stated he had talked with several cities and since the mid 1980's,
112 cities have passed an ordinance which eliminates off-premise signs. In 1999,
Houston's sign ordinance was approved after a twelve and one-half year court battle. His
suggestion is to rewrite the existing ordinance. He counted 50 billboards along IH-35
between Schertz and New Braunfels. We need to amortize.
Mr. Richmond went on to say he is pro business and pro Schertz, but not pro sign. He
has always worked to keep signs small and limited and to prevent more in the future.
Clarence Dugie, representing Riedel's Furniture, asked Mr. Richmond what it is about
signs that bother him. Mr. Richmond replied the signs could be wildflowers instead.
Mrs. Dugie pointed out wildflowers bloom for two months and the other ten months they
are weeds.
Mayor Baldwin asked how many signs Riedel's has on FM 78. Mrs. Dugie replied
three. They have maintained them, paid the permit fees for them and paid taxes.
. Mr. Potempa asked if there's a problem with the railroad. What signs are we talking
about? Mr. Sweatt explained that Union Pacific does not feel that the City's Railroad
right-of-way ordinance is legal. Mr. Potempa wondered what the citizens think and once
again mentioned we are supposed to be the "friendly" City.
Mr. Williams asked if they couldn't compromise. Perhaps grandfather in the old signs
and stipulate no new ones. Mr. Dugie pointed out the letter they received said they have
45 days to remove their signs. Why? Mr. Richmond replied that's in accordance with
the UDC Ordinance. Mayor Baldwin inquired if letters had been sent to everyone who
has signs in the railroad right-of-way and Mr. Sweatt replied yes.
Mr. Williams asked Mr. Richmond if he thought he and his committee could work out
some kind of compromise. Mr. Richmond answered yes, they just need some direction.
Mr. Dugie then brought up the blinking sign situation. He said they were asked to
remove theirs, but San Antonio Shoe, the Schertz Bank and Walgreen's all have blinking
signs. Mayor Baldwin responded by saying billboards are a business, but you have to
request a variance for a blinking sign. Mrs. Dugie asked why they just couldn't change
the ordinance like they change everything else.
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Mr. Dugie said he was told the Catholic Church did not get a letter about their sign on
FM 78 and Mr. Potempa wondered who else didn't get one.
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Mrs. Agee commented there has to be a way to control these signs without completely
banning them. Mayor Baldwin suggested the City Attorney's letter be compared to the
UDC to address those concerns and then if Mr. Richmond's committee can come back
with some compromises and suggestions, the City could move on with this matter.
#7 Discuss drought response stages.
Mr. Sweatt noted that, included in the Council packets, was information about Stage 2.
He explained the differences, which mostly consist of a change in the watering hours. He
mentioned it is very likely the City will be moving into Stage 2.
Mr. Williams asked what happened to the sign between the Seguin State Bank and Forest
Ridge and Mr. Sweatt answered TXDoT made them remove it. Mr. Williams then asked
about the other sign further down on FM 3009. Mr. Sweatt answered they didn't object
to that one.
Mr. Williams verified that Stage 2 is not voluntary. Mr. Sweatt said that's correct - it's
mandatory, and added that Stage 3 is very restrictive.
#8 Discuss audit proposals.
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Mr. Sweatt advised the committee is recommending the firm of Armstrong, Vaughan and
Associates be awarded the bid for audit services. His only concern about that decision is
the firm's lack of experience with the GFOA Certificate of Conformance.
Council agreed they were ready for this item to be placed on next Tuesday night's
agenda.
#9 Discuss appointments to the Schertz Parkway Zone Board.
Mr. Sweatt noted that with the departure of Guadalupe County from the TIF, there is a
requirement to add two additional members to stay within the legal requirements. The
State Property Tax Code requires at least five (5) members to constitute the Board.
The Schertz Parkway Zone Board of Directors has nominated two current County-
appointed members of the Board, Chuck Sharpe and Christy Shriver, to serve as City-
appointed members. Both have agreed to continue to serve. The current appointments
are staggered and it is recommended they serve out the balance of their current terms in
order to maintain the staggered rotation. Mr. Sharpe's term expires on December 31,
2001. Mrs. Shriver's term expires on December 31,2000.
Council indicated they were prepared for this item to be included on next Tuesday night's
agenda.
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#10 Discuss water billing matters.
Mr. Potempa asked if the City is up to par on the checks being cleared and Mr. Sweatt
replied yes.
There were no other questions on this subject.
#11 CITY MANAGER'S REPORT
Mentioned he had distributed copies to Council of the wording to the customers
regarding the increases by both Waste Management and CCMA which will appear in an
article in the Newsletter.
Noted any comments on the open house announcements for the new buildings would be
appreciated. Also, if anyone has people they want announcements sent to, get a list to
him.
Reported he had been contacted by the people doing the Cibolo Creek clean-up and it is
more work than they thought. Our cost would be an additional $13,000. There is a
possibility of help from the State. Does Council have any objections? Mr. Greenwald
remarked they need to do it while they can. The consensus of Council was agreement
with the additional cost.
. #12 ITEMS BY COUNCIL
Mr. Williams:
. Asked why the City keeps changing health insurance companies. Mr. Sweatt
answered because they were notified of a significant rate increase by their current
provider. Mr. Williams then asked who gets the commission. Mr. Sweatt replied the
broker, but he would also get it if the City renewed with the same company. Mr.
Potempa questioned how much the commisson is and Mr. Sweatt answered 100.10 to
20%. Mrs. Agee asked how many employees they insure and was told approximately
150. She then wondered if they had ever considered a hospital indemnity plan. Mr.
Sweatt replied no, but he would be glad to inquire about it. There was a brief
discussion about other possible alternatives with Mr. Williams saying they'll see how
the bids come in. Mrs. Agee said she would like to know the premiums of the other
benefits and Mr. Sweatt promised to check on it.
Mr. Potempa:
. Related Mary Marsh is the new State Judge Advocate General Senior Vice
Commander and C.W. Reese in the new Commander for the local VFW Post.
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. Asked what the problem is with the parking lot on FM 78 and Mr. Sweatt revealed
they had been waiting for Southwestern Bell to move their line and they have finally
accomplished that.
. Inquired about the status ofH.P. Printing. Mr. Sweatt noted they have had problems
with Burch Roofing. Mr. Potempa asked if the dumpster had been moved and Mr.
Sweatt answered his tools are in there. Mr. Potempa wondered when Mr. Burch is
going to realize it's a parking lot instead of dumpster storage. Mayor Baldwin asked
if they would be taking out the old slab and Mr. Sweatt replied no, he thinks it all ties
in.
. Questioned the status of the hotel audit. Mr. Sweatt said Mr. Jain could check with
Fred Timmons and let them know. Mr. Potempa remarked it seems like nothing is
getting accomplished and everything is dragging.
#13 ITEMS BY MAYOR
. Stated he received a note from a gentleman about the high school watering. Mr.
Sweatt reminded him athletic fields are allowed to water every day, but they have to
show a 15% reduction The Mayor then wondered if they had talked with CCMA
about gray water and the City would put any pressure on them. Mr. Sweatt replied he
didn't know.
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#14 ADJOURNMENT
There being no further business to discuss, Mayor Baldwin adjourned the meeting at
9:37 p.m.
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Mayor, City of Schertz, Texas
ATTEST:
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City Secretary, City of Schertz
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When numbering the pages, 259 was inadvertently skipped.
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