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ccswks 12-11-1996 SPECIAL WORKSHOP SESSION OF THE CITY COUNCIL December 11, 1996 The Schertz City Council convened in Special Workshop Session on Wednesday, December 11, 1996 at 7:00 p.m. in the Council Chambers of the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Hal Baldwin, presiding; Charles McDonald; Joe Potempa; Earl Sawyer, Timothy Swinney and Ken Greenwald. Staff present were Assistant City Manager Steve Simonson and City Secretary Norma Althouse. #1 HEARING OF RESIDENTS: James Harris of FM 1518 and Schaefer Road had signed up to speak about the Restoration Advisory Board. Mr. Harris stating he had attended a meeting last night, said they have replaced three (3) of the sixty-four (64) existing groundwater monitoring wells and repaired some others to bring them up to snuff. They are going to put five (5) marking wells along FM 1518 outside the base on the highway right-of-way and hope to get approval within the next month to start drilling. Also, they are about ready to close out one of the soil contamination sites. The next meeting will be in March. #2 Discuss appeal of Sign Ordinance permit by Schertz Bank & Trust. Mr. Simonson explained the bank is requesting a variance in the sign height from 50' up to 70' and is also requesting a variance allowing them to have 100 extra square feet per face side of the sign. Their property line is not at the curb of the access road, it is about 20' back. Mr. Melvin Golla and Mr. Roy Richard were at the meeting to represent the bank. Mr. Richard passed around a drawing for the Council to see. He mentioned that to get over the trees in the area, they will need a taller sign. Mr. Golla pointed out there are a cluster of trees on the John property which are approximately 45' high. Mr. Richard also mentioned that one of the things they hope to do with the sign, along with advertising their own business, is to put a message board below it to advertise community events and any City public service announcements. Mr. Richard believed there have been other variances granted on signs along IH-35. He thought the Texaco sign was one of those given a variance. Mr. McDonald asked how tall the Texaco sign is and was told by Mr. Simonson it is 70' high. Mr. Potempa asked about the McDonald's sign and Mr. Simonson informed him it is also 70' high. Mr. Simonson commented, if memory serves him correctly, the Diamond Shamrock and Arby's signs are also higher than 50'. -87- Mr. Swinney asked if the sign will be electric and Mr. Richard answered yes it will. Mr. sawyer commented he doesn't see anything wrong with this proposed sign on the corner of Schertz Parkway and the IH-35 access road. That is one of the entrances to the City and any business needs to advertise. Mr. Mr. but Swinney liked the idea of preserving the Oak Golla remarked they tried to save all of the did lose one. trees. trees, After being asked by Mayor Baldwin, Council were ready for this item to be included on night's agenda. agreed they next Tuesday #3 Discuss awarding bid for materials only for Lower Seguin Road water line. Mr. Simonson stated the City received three (3) bids and they have been reviewed by Ford Engineering and by the Public Works Department. Based on the information provided and the prices quoted, the City recommends that the Municipal Pipe and Fabricating Company be awarded the bid in the amount of $52,423.51. This project consists of 9370 linear feet of 8" water line that will be transversing westward from FM 1518 down Lower Seguin Road to Woman Hollering Creek and also a 6" line down Aranda Boulevard. It's just an ongoing correction of the old Schaefer Water System. Council indicated their readiness for this item to be included on next Tuesday night's agenda. #4 Discuss requirement for fence around detention pond in Woodland Oaks. Mr. Simonson reminded Council they have, in their packets, , a letter from Mr. Sweatt which has attached to it a sketch of the location and a detailed plat of the detention pond. The reason the distances are greater than when it was first considered are because you have to fence across the Maske Road entrance, and also across the drainage channel, that does not go through this pond, over to the fence line on land that Woodland Oaks does not own and then make a decision on what else you want to fence. It was also discussed taking the existing fence on Tiny Elm into Dimrock and extending it around the rest of the cul-de-sac and taking it out to the ditch. Mr. McDonald asked if the figure given contains just the cost of the cul-de-sac and Mr. Simonson replied no it contains all the cost. Mr. McDonald commented that at the end of Dimrock, Pulte fenced half of the cul-de-sac, but didn't go on around because they didn't think it was a risk. -88- Mayor labor given Baldwin and Mr. Potempa inquired if will be used and Mr. Simonson replied is a quote for installing the fence. force account no, the figure Mr. McDonald observed there are lots of children at the end of Dirnrock and even though we haven't seen water yet, that pond will eventually fill up. With the suction force of the drain on the bottom of the pond, it causes him and others a lot of concern for the safety of the children. Schertz may find themselves liable for lives that get caught in floodwaters because the pond isn't adequately protected. Mr. Swinney asked if the intention of the pond is the drainage coming down from Woodland Oaks McDonald replied yes, but he didn't think anticipated it being that deep. to catch and Mr. anyone Mr. Swinney asked if a chain link fence would be cheaper. Mr. McDonald replied they have a chain line fence now, but it needs to go all the way around the cul-de-sac rather than just half way around. Councilmembers Sawyer and Potempa agreed it is something that needs to be done. Mr. Swinney asked if this is the kind of labor that could be done by community service and was told probably not - it requires more specialized labor. Mayor Baldwin questioned if Council is supposed to be deciding if they want to go ahead and fence all the way around the pond. Mr. McDonald answered that is his understanding. It has been discussed that perhaps the Dimrock side should be done now and when construction is further along, the other side be done. People are already starting to use the Maske side as a dump. Mr. Greenwald suggested going ahead and finishing it now. The other Councilmembers agreed. Mr. Sawyer asked if the City has to go out for bids and was told by Mr. Simonson the estimated amount should be under $5,000 so bids won't be required. Mr. Sawyer then asked if they have an estimate for the entire project and Mr. Simonson replied they have an estimate of approximately $3300. After further discussion, Council gave their consensus to go ahead with the project and finish fencing around the pond. #5 Discuss revision to traffic control ordinance regarding stop signs at Ashley Park and Wayward Pass. Mr. Simonson explained that when a plat is approved, it is passed onto the Police Department for input regarding placement of traffic control signs. The original review of Ashley Place Units 2 and 3 produced recommendations for an all way stop designation at the intersection of Ashley Park and Wayward Pass. After further review and many -89- complaints, it is felt it is appropriate, at this time, to remove the stop designation for Ashley Park and leave the stop designation for Wayward Pass only. Council agreed and said they were ready for this item to be included on next Tuesday night's agenda. #6 CITY MANAGERS'S REPORT: A. Mr. Simonson reported that the Fire Department has gone out for bids on a rescue tool and even though they don't have the figures tonight, Mr. Sweatt would like to have the awarding of the bid on next Tuesday night's agenda if Council has no objections. Council did not object. B. next the next Stated the judges are out tonight (and will be out the couple of nights) assessing the Christmas lights and winners will be presented their awards at the meeting Tuesday night. #7 ITEMS BY COUNCIL: Mr. Greenwald: A. Mentioned he had asked Planning and Zoning if they had a problem in changing their meetings to Wednesday night and several did have a problem. He informed them it will remain status quo for now, he was just inquiring. Mr. Swinney thanked him for asking Planning and Zoning. B. Declared Planning and Zoning had numerous presentations last night, one of which was the Schertz Bank & Trust. Mr. Swinney asked the reason why the variance to the sign had been denied by Planning and Zoning. Mr. Greenwald replied the presentation given did not contain sufficient information as to why they needed the variance. C. Related Mr. Veytia was in last night with his grandiose plan. Mayor Baldwin asked if Mr. Veytia is pressing on with his project and Mr. Greenwald replied yes he is. The Mayor then asked if he agreed to go with the masonry or wrought iron fence and Mr. Greenwald answered he doesn't have a choice. Mr. Sawyer asked if Mr. Veytia got this far on his previous project and was told by Mr. Greenwald he has gotten a little farther on this one. ~r. McDonald: A. Inquired what the hamburger stand is doing parked out on FM 1518. Mr. Simonson replied it is being stored temporarily and they will move it by the 15th of January. B. Commented someone has moved manufactured homes in on the Cibolo Creek side where the stables are located. He questions the septic tank hOOk-ups. Mr. Simonson assured him the inspectors will double check on the situation. C. Noted Mr. Ollie Burkett had called him regarding the procedures to reopen the issue of the school over in Greenshire. If he understands it correctly, it will take a motion by Council to rescind their action and the approval -90- of the motion by three Councilmembers. Mr. Swinney said you have to make a motion to discuss it at the next meeting. Nothing has to be done tonight. Mr. Sawyer agreed that according to Roberts Rules you have to make a motion to rescind and then have three people agree to rescind, and then you can discuss it again. Once that is accomplished, then it can be discussed again. Of course they would want another public hearing. If they don't have another public hearing, it could be considered that they are being sneaky about it. Mr. Swinney mentioned you don't necessarily have to have a public hearing, you just need to announce it will be discussed again, but the others felt there should be a second public hearing. Mr. Simonson, saying if it is Council's wish, what they would do tonight is recommend it be on the next agenda to consider rescinding their previous action. That would be one agenda item and the second agenda item would be to set a public hearing date. There was a brief discussion on whether or not any new information is available and if not, whether the subject should be revisited. Mr. Burkett was at the meeting and asked permission to share a couple of things with Council. Mr. Burkett stated he wasn't here to debate Council's decision. The School Board is almost at the 12th hour for getting a school built. Somewhere in that same area is probably the best place for a new school. The possibility of Mr. Blanton getting a road in by the time the school is built is not very likely. Mr. Burkett emphasized he is not here speaking for the Board. He is just trying to articulate the position they are in. The Board may decide they want to go someplace else. Is there something lacking they need to do as a School Board to find a better relationship or communication with the City? He would like to see the School Board and the City as a team working together. Mr. Swinney expressed the opinion he would sure like to see that team work. It's a win win situation for everyone. Mr. McDonald related that one of the things that disturbed him was he doesn't think everybody was honest with them. The school maintained they were building in Greenshire so the children could walk to school, but there's nothing for them to walk on. How can we be concerned about their safety if we don't give them anything to walk on? Mr. Burkett stated there is a good possibility of an alternative by finishing the residential street up to the drainage ditch and then there is a sidewalk at Woodland Oaks Drive. Mr. McDonald felt Mr. Blanton should build Oak Meadow Road. Mr. McDonald also mentioned the controversy over the Ag Farm property. -91- Mr. Burkett reported his interest was in putting the school on the Ag Farm property because the school owns it and he's a conservative. However, in going to several businesses in the area, he found they were very concerned about busses crossing FM 3009. They suggested selling the Ag Farm property and using the money to go where progress is. Mr. McDonald commented he has no problem with that, but he just didn't like the answers they got at the public hearing. Mr. Burkett defended Mr. Paschal as a man of integrity and felt he was simply not aware of this particular situation and would not deliberately try to lie to Council. Mr. Swinney remarked if Council has fundamental questions that need facts, he doesn't think this is the avenue by which they want to punish the lack of communication. If the Council wants to get answers, and the School Board steps up to the plate with those answers, then there's progress to be made. Mr. Burkett expressed regret that this awkwardness between the two entities has come about and wishes there were something that could be done to smooth it over. Mr. Sawyer didn't think Council got a very good answer to the question about when the School Board took out the option to buy the property in Greenshire. Mr. Burkett related that has been a very difficult action to make happen. An original offer was made, but didn't work out. Then there were problems with Planning and Zoning that bogged them down. Mr. Burkett then commented he doesn't know how the City can force developers to do things they don't want to do, such as building the road. It leaves the taxpayers and the children to suffer. Is it workable to Council if the school can find an alternate route for the busses to use and a means for the children to walk? If they have to find another site, there's a lot of lost time and a lot of money involved. Mr. Potempa mentioned they were informed there were five sites chosen, so he doesn't see where any additional money would come in to find another site. Mr. Swinney advised some of the sites do not have water and sewer, so they're talking about the preparation of those sites. Mr. Greenwald admitted Planning and Zoning Greenshire was the best location, but the problem can't use Woodland Oaks Drive as a thoroughfare for agreed is you busses. Mr. can't school Burkett again asked the question that if get the developer to build the road, how get him to build it. Mr. McDonald the can told City the' Mr. -92- Burkett that road is in the City of Cibolo, not Schertz. Mr. Burkett asked why they can't, temporarily, take busses up Woodland Oaks Drive. Mr. McDonald replied because of the congestion of traffic and the fact there is no stop light at Woodland Oaks Drive and FM 3009. Mr. Swinney made the following comments regarding the school site situation: (a) Mayor Baldwin has been neutral through all of it; (b) the School Board is comprised of highly intelligent and qualified people and we should trust their judgment; (c) if the hearing, he because they school signed any paperwork before the public hopes Council doesn't punish the entire City think someone is arrogant; (d) a lot of these other talking time and money - don't have neighborhood citizens wanted; and, sites are undeveloped if we don't have this schools and that's and we're site, we what the (e) a public hearing can get emotional and he hopes Council can keep an open mind. Mr. Potempa, referring to the Site Selection Committee, asked who served on it. Mr. Burkett replied people like Jan Waddy, Herb Rehmann, Janice Gangawar, one of the Board members, a Principal and some residents. Mr. Potempa asked if anyone from the City served and was told no. Mr. Swinney stated that Mr. McDonald's motion in a perfect world would end up with a second, because, in spirit, he agreed to that. If the road is a stumbling block, then let's get creative and think of something else we can do. Mr. McDonald didn't know of anything else - possibly a sidewalk. Mayor Baldwin pointed out that for twenty some years Dobie has not been a neighborhood school, but with subdivisions building up around it, it will now be a neighborhood school. Mr. Sawyer stressed that the road will always be a bone of contention and we don't have any control over it because it's in Cibolo. If we did have control, we might be able to come up with some way to solve the problem. He suggested to Mr. Burkett that he talk with Cibolo. Mr. Swinney asked the Council for a consensus to consider rescision of the previous vote. Everyone but Mr. Sawyer gave their consensus, but felt the School Board should come prepared with all their information and there should be another public hearing. -93- Mr. Potempa suggested to Mr. Burkett that when they have another committee, they put some citizens on it. Mr. Sawyer: A. Reported he got a call from a citi~en complaining about the City's fire rescue vehicle not having it's lights on in the heavy fog. The last three digits on the license plate were 071. B. The the Mentioned not receiving the minutes City Secretary explained there had computers. in a timely manner. been a problem with Mr. PotemDa: A. Related his grandson was impressed with the Tree Lighting Ceremony. B. Commented the City is looking great. Mr. Swinney: A. Thanked Council for their consideration on rescinding the previous vote on the school site. B. Expressed appreciation for the good time he and his wife had at the Christmas party last week. C. Stated he has coupons for four (4) free breakfasts at Denny's. How about this Saturday at 8:00 a.m.? Mr. Swinney interjected a comment about Schertz not being on the Police Blotter because of the holidays, but other cities were on it. Rachel Drady from the Herald explained the City's computer system was recently updated and also there was a shortage of help because of illness and a loss of days for input because of the holidays. Chief Smith has promised it will get better. #8 ITEMS BY MAYOR: A. Announced the ribbon cutting for the seguin State Bank will be Monday at 11:30 a.m. The Grand Opening is Sunday. B. Declared the Randolph Brooks Federal have their groundbreaking ceremony at December 31st. Credit Union will 9:00 a.m. on Mr. Greenwald mentioned the public hearing for FM 78 will be held on Monday January 17th at the high school cafeteria at 7:00 p.m. #9 ADJOURNMENT: On a motion by Mr. seconded by Mr, Potempa and unanimously meeting was adjourned at 8:15 p.m. Swinney carried, and the -94- ATTEST: ~ rUdu-1#-! City Secretary, City of Schertz 9~ , Mayor, City of Schertz, Texas -95- ~---- -- - . --------