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ccswks 07-23-1997SPECIAL WORKSHOP SESSION OF THE CITY COUNCIL JULY 23, 1997 The Schertz City Council convened in Special Workshop Session on Wednesday, July 23, 1997 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; Councilmembers Joe Potempa; Timothy Swinney; Ken Greenwald; and Charles McDonald. Absent: Councilmember Norman Agee, Sr.. Staff present were City Manager Kerry Sweatt and Deputy City Secretary Dolores Butler. Mayor Baldwin called the meeting to order and suggested since we're meeting in the Council Chambers, he would ask everyone to rise and join in the Pledge of Allegiance. #1 HEARING OF RESIDENTS George Mower said he had been asked to inquire, and his curiosity is overwhelming, about the Cibolo Creek backup. It has been circulated that the lower end of Cibolo Creek was impeded so that the water could not get out at the rate it was coming in at the top (June flood). Mr. Mower wants to know if there is an investigation and make the findings public. Mayor Baldwin advised Mr. Mower the city has an engineering firm looking at the channeling and documents the engineering company Beck Concrete used to develop the dike and they haven't reported back to us as yet. Yes, there is an investigation ongoing. In response to Mr. Mower's question regarding publicizing the findings, Mayor Baldwin affirmed it would be made public. #2 ENGINEERING REPORT: Mr. Sweatt stated city staff has met with the representatives of Berry Creek and found them very cooperative with intent to resolve this issue. Several very practical solutions have been discussed, some having questionable legal and engineering responsibilities that need to be explored. In no instance has anyone refused to furnish information in the course of getting to the bottom of this issue. As a result of that, our suggestions and recommendations to council tonight is, that after you hear some technical information from both Mr. Ford and Mr. McCrary, that council accept the developers offer to make a temporary arrangement to assure that there is no water passing from the back of those lots at Berry Creek onto those affected lots in Woodland Oaks, to set up a meeting tomorrow with representatives of these homes, members of council, legal staff and engineers to discuss at least two (2) very good solutions. Dan Kossl with Berry Creek development stated he was glad to be back and was confident that everyone has been very honest and earnest in an attempt to find a solution to the drainage problems in Woodland Oaks. We have looked at various scenarios, some better than others and every alternative we've -356- looked at has some other implications, there are some potential ramifications to other citizens. There is no solution that perfectly solves this problem. Other problems may be minimal compared to these resident's experience and that may be the direction we want to go. We feel it incumbent on ourselves (hope you feel the same way) that we look at this from all angles, that we don't solve a problem and create another by doing so. We are concerned with today's litigious society that we all go in with our eyes open. Our request is to form a small committee with representation from homeowners, engineers and city staff, so that everyone can see what we have found out and what the potential risks are. As a temporary measure, we would like to put some hay bales with some stakes in them along the area by Mr. Condor's house to pull any water back that might get in there in the next few days and regrade some of that so we don't concentrate any flows. Regarding a comment concerning slab elevations, the intent is not to fill the lot, it is pretty much going to stay at that grade, with topsoil. If anyone has any questions, he will be available to answer them. Don McCrary stated, without getting into a lot of technicalities, he would like to make a couple of brief comments. - ,After looking at this issue the last couple of day, there is an overall comment, this subdivision has been designed and graded in accordance with standards set up for many years by FHA and adhered to; therefore, there is obviously a lot of questions in his mind as to why this problem is there and what can be done about it. We need more information and participation on all the parties involved to come up with a solution that will gain support from everyone. Mr. Sweatt asked Mr. Kossl to give an approximation of the volume of water we are talking about to which Mr. Kossl said on a 25 year basis, we're dealing with less than 10 cubic feet per second. That doesn't minimize the problem. Mr. Sweatt asked, in relation to improved versus unimproved, what amount of water is coming in that general area? Mr. Kossl said given the location, specifically of Mr. Condor's lot, and looking at that as a classic situation of pre - development run -off which is basically the percentage of water hitting the ground and all the natural vegetation conditions there versus, probably 308, 408 maybe 508. All of our design criteria - this city and all other cities are based on a 70% run -off coefficient. Obviously, the entire picture is not clear. Mr. Potempa asked Mr. Kossl what he was referring to when he stated there were solutions with ramifications and Mr. KOSSI referred to redirecting some water. He was a little concerned about the idea of putting a curb or drain along the rear of these lots, redirecting up the street because there may be other problems associated with that and before that is done, the city council, the neighborhood and the developers and engineers need to know exactly what we are agreeing to do. To -357- Mr. Potempa's inquiry regarding a time frame, Mr. Kossl said probably a week to 10 days to get everyone together to gather information and start working on solutions, the ramifications and impacts. Mayor Baldwin stated, basically the group together involving reside engineers, some council members and at alternatives and recommended ramifications to other properties. all the solutions and try to decide the least damaging to someone else. recommendation is to get a its of Woodland Oaks, some staff and take a look solutions and possible That group would look at the most effective and yet City Engineer Ed Ford of Ford Engineering stated that one of the other things Don McCrary needed was permission of homeowners on lots backed up to Berry Creek to go in and pick up some field work so they can better see where the drainage is going and what the problems are. After discussion regarding a meeting time, it was determined a group would meet July 24, 1997 at 2:00 p.m. in the Conference Room at the municipal building. Mr— Condor stated he wasn't sure he could make the meeting but whatever the city decides on this is acceptable to him as long as there is no additional water after a solution is put in place. Mr. Duigon had signed up to speak and was called on at this time. Mr. Duigon stated he feels he really doesn't belong here because he does not live in the affected area; however, on a serious note, it is de ja vous all over again. Having listened to Mr. McCrary and Mr. Ford, that is exactly the same argument we heard in Deerhaven and Savannah Square. It was Mr. Ford's engineering firm did recommend to the city in the case of Deerhaven not to let the detention pond be the solution. The question is, when I hear that there are legal issues and state law involved, he is interested to hear if any of the legal issues have to do with compliance with law or is it on the basis of who is liable for whatever solution is accepted. Mr. McCrary stated he is not an attorney but he agreed on most of the issues brought up by Mr. Duigon; therein is the reason these issues are not just black and white. Drainage overall is not an exact science. Mayor Baldwin stated he thinks maybe there is some liability concerns in this thing and that is why the city attorney needs to be there to make sure, in the event there is some liability, we have some representation. From the city's standpoint, this may be causing a problem on Mr. Condor's property and two or three houses surrounding him, but an ultimate solution to get the water off his property may cause -358- Problems for a lot of other people at some future date and if that decision has to be made by this city council then the liability involved in that decision. Mr. McCrary reiterated that he is not an attorney but the reason that has been brought up is through experience. There are some legal aspects that affect all involved and the city attorney needs to give some direction. Mrs. Soto who lives at 2816 Hillview Lane said they too have the same drainage problem and all those houses need to be looked at in the area. Mr. Bill Smith who lives at 2813 Kline Circle stated even though he does not have the same degree as other residents, he still has increased drainage run -off. Mr. Larry Farlow who lives at 2801 Kline Circle stated he is also affected by the drainage run -off and one of his concerns is that he often sees contractors start a project and then sometimes they use the law to arrange a problem to their benefit. Mr. Bob King who lives at 2700 Kline Circle stated at this time he Ss not experiencing any of the run -off problems; however as a member of the Board of Directors of Woodland Oaks Homeowner's Association, he is here to represent them. Their concern is the big picture; how does construction of a subdivision affect others. Mr. Gene Workmon who lives at 2728 Poplar Grove stated he has not heard any reference as to whether engineers from Ashley Place being involved in this same situation and discussion. Since they are down slope, they are still building. Mayor Baldwin assured Mr. Workmon that Ashley Place engineers (Mr. McCrary who also represents Ashley Place) is involved and is here tonight. Mr. Don Martin who lives at 1016 Jasper Hill Lane stated there is a possibility this problem could be moved downstream through Ashley Place so it is not just a matter of Berry Creek. Susan Garrett of 2701 Hillview Lane on the corner of Woodland Oaks Drive and Hillview Lane stated her concern is the flow of water causing potholes in the street. Mr. Condor stated that Mr. Simonson did visit him four (4) or five (5) months ago and mentioned those houses in Woodland Oaks were cut off into that hill - there might have been some problems there with the initial building of those lots, and if so, who was the engineer for the city that allowed that to happen. They've still been building,back there and he would like to know if they are going to continue to get new permits until we come up with a resolution. -359- Mayor Baldwin stated there are no new permits being issued. Mr. McCrary stated that he is hearing a spirit of cooperation which he was hoping to hear. They are ready to form the committee and start on this tomorrow and all of those who brought up issues, it is agreed they need to be looked at. Mayor Baldwin asked if there was anyone present who would like to serve on the committee. Mr. Don Martin and Mr. Bob King volunteered. Mr. Sweatt stated the engineers will need to have permission to go on private property to assess the situation and those present had no objections. Mayor Baldwin's synopsis was that a group will meet tomorrow to include the engineers, residents of the subdivisions, as well as some city staff and city council members. Some scenarios and solutions will be presented by the engineers. Everyone will review those and be briefed by the city attorney regarding any liability that the city faces in each scenario and then come to some kind of an agreement on the resolution of this situation. In thinking about it, without conversing with any-, engineer until tonight, the problem could be that Woodland Oaks was designed imperfectly and the problem may be that drainage in Woodland Oaks was not put in properly and maybe that is the problem. If that is problem, it probably too late to do anything about it simply because Woodland Oaks is almost built out. It may not be totally fair to ask neighboring subdividers to move water abnormally around through their subdivision to get it out into whatever drainage will keep from damaging Mr. Condor's or anyone else's property. We need to compromise and do what is right for everyone. Whatever is decided, there will be opportunity for residents to be made aware and to be heard at a future council meeting. The committee will meet tomorrow at 2:00 p.m. in the conference room across the hall from the council chambers. Mr. Dan Kossl asked on behalf of the builder - having been under a moratorium now for a week and you've gotten our attention and have shown some good process towards some resolutions. In that regard, would it be possible for the moratorium to be lifted due to the economic hardship on those affected employees. Mayor Baldwin thanked everyone for the cooperative effort and stated that it was his recommendation to place the moratorium until something could get started. With a temporary solution that involves placing hay bales, etc. to direct water away from Mr. Condor's and other's houses; at this point, Mayor Baldwin said he has no problem lifting the moratorium - it is a council decision and it is not something we can legally vote _ on but he would be glad to accept any consensus of the council. _RAn_ George Mower interjected that this obviously came from Berry Creek and if Berry Creek can't play with the big boys and be responsible for their employees for the bottom line, etc., the city council should stay their race, keeping their feet on the fire until they come up with a provable solution to relieve the rest of the town. Mr. Ben Howard stated his concerns that if the developer continues and exacerbates the problem, it wouldn't be smart to lift the moratorium. Mayor Baldwin stated they have continued to work on those sites where they already had permits and begun construction - we didn't stop that, rather asked that no more building permits be issued until such time as we get some direction and guidance. Dan Kossl asked if there could be a compromise, lifting the moratorium if they didn't build anything adjacent to Woodland Oaks and Berry Creek - i.e., the upper end of Berry Creek Drive, lots adjacent to Woodland Oaks from Berry Trace to Hillview. Mr... Swinney stated that he hoped the prospective buyers along that area are going to be made aware of the potential changes to the drainage and later could have a drainage ditch in their back yard. Mr. McCrary stated they are advising new buyers of the situation. Mr. McDonald said he had driven up there and would like to see the engineers expand that to include Ashley Place and at least tell us if water was drained all the way across Berry Creek and Ashley Place down into the cement drainage ditch, what would that do downstream. Looking at it, there is a hole on the back side of Berry Creek fence that joins Ashley Park that he could probably crawl under, where the water has cut through there and is running down the fence line on Ashley Place property that curves and goes back into Woodland Oaks. Mr. McCrary responded that he couldn't speak for that developer - he has not been brought in at this point - but would put a call in to him tomorrow. Mr. Swinney stated it was disturbing to him that it took several months for Mr. Condor's concerns to be addressed and hopefully, they will be more responsive this time. Mayor Baldwin stated that he believes we have the builder's attention and an effort to resolve the situation so at this point, he recommends lifting the moratorium, expecting no more building where additional problems could be created. With that said, we would like to proceed with the agenda. -161- #3 Discuss final reading of Ordinance rezoning 35.31 acres of land out of Comal County from Predevelopment (PD) to Manufacturing District - Light (M -1) (Forbes property). Mr. Sweatt stated the only reason the remainder of the items are on the agenda is because this meeting was somewhat out of schedule - we would normally not have met tonight and would have met next Wednesday night; however, since we announced we were going to meet tonight to deal with the drainage issue, we would place these items on the agenda so that we would know what we will be dealing with next week. #4 Discuss request from FM 3009 Partners Ltd. for a waiver to the sidewalk requirement on the east side entrance to Forest Ridge Subdivision. Mr. Sweatt stated that Mr. Sam Bledsoe is the representative of the developer (Forest Ridge Subdivision). In the packet are copies of photographs in support of the request, also copies of information from the Planning and Zoning (P & Z) Commission meeting and a letter from the developer regarding this matter. The basic issue is the requirement of construction of sidewalk on both sides of the street to be identified as Forest Ridge Parkway. After hearing the request from the .developer, the P & Z Commission have voted to recommend waiver of the requirement for sidewalks on both sides. Mr. Bledsoe is here and is prepared to answer questions and describe the circumstances. Sam Bledsoe stated this development has an entryway that is 90' wide and we're trying to save as many trees as we could and the developer ended up buying another 20' of width from Barshop so that he could shift the street over and save some trees. This was a gated community also, so we knew we had on pedestrian gate as you go in on the right hand side so they'd planned to have a sidewalk on that side anyway where the walking traffic could get in. As a result of saving the trees we meandered this road through this 90' entryway so the Parkway on one side is wider than the other side. They purposely maintained enough width on one side for the sidewalk and on the other side, there isn't enough width to put two sidewalks in and save the trees. The sidewalks in the subdivision once in, are accessible everywhere to handicapped people via a ramp to cross the street to the sidewalk on the other side. Mr. McDonald commented the plan looks good. His concern is the property from the gate on down to FM 3009 is commercial property. He is against waiving sidewalk requirements period; but in this case, the property is commercial and hasn't been developed. Following discussion, it was the consensus of the council to place this item on the August 5, 1997.action agenda. #5 Discuss potential rezoning of business area along Schertz Parkway. -362- Mr. Sweatt called attention to a memorandum from the Planning and Zoning Commission (P & Z) describing questions the P & Z has. There has been considerable discussion regarding zoning and what should be done on Schertz Parkway. P & Z directed a memorandum be sent to you asking for advise, suggestions or directions that you might have specifically regarding this issue. Mr. Greenwald stated the developers originally wanted 500' with the intent that somewhere down the road they would recoup some of the cost. Obviously, in 15 years it hasn't developed. The Planning and Zoning Commission's thought is that 500' is too deep. 150' would be more in line when it started developing as far as houses. Mr. McDonald said he doesn't have a problem with neighborhood services, we're basically getting the same type of development there. Mr. McDonald asked, 'if we go to 150' and say some Plain office site operation, single story office complex wanted to move in here make a corporate headquarters, or a medical clinic - is 150' enough for that type of development, would 250' or 300' be better ?' Mayor Baldwin stated his concern was not so much the 500' versus 150' as it is to hold 150' once we do it and on Schertz Parkway where we have the tax increment finance (TIF) zone, we have given away a tremendous amount of neighborhood services or general business property already to the Ashley Subdivision and now the Carolina Crossing Subdivision. From the school districts standpoint, when we entered into the TIF and agreed to give taxes away on property within so many feet of Schertz Parkway, the agreement was that we were doing this to help develop Schertz Parkway so that we would attract commercial development and increase the tax base and help us all. At this point, that hasn't happened, the only thing it has done is built more houses right up to FM 3009 which has brought more students and that has projected the problems we're having with building schools fast enough to keep ahead of the pace. That 500', at least at one point in time, was scheduled to be some kind of business property to bring tax base and not students. Mr. McDonald said we need to look at the percentage of residential we originally allowed in the TIF zone. Mayor Baldwin stated we have a recommendation for 150' and one council member saying 300' - asked for any other thoughts. Mr. Swinney wondered if limiting to 150' will give us a possibility of what the general public would probably consider undesirable businesses; otherwise, he would go with 150'. Mayor Baldwin stated we aren't going to vote on this tonight and we need to ask the city manager to do some research on the TIF, find out where we are percentage wise on residential. Following some discussion, all council members agreed to recommend 250' to P & Z. -363- #6 CITY MANAGER'S REPORT: A. Reported we've received a -- request from Schertz Bank regarding extending the sewer line on Schertz Parkway and staff thought we'd reached an agreement with the bank, Johns property and Jesse Hellums property. We asked they put this all in writing and there were going to be some recommendations. Mr. Hellums had some concerns because his mobile home park is currently existing as non - conforming use and not in immediate need of sewer and the demand for capital recovery fee per Living Unit Equivalent (LUI) would be a pretty substantial financial hit. It is our understanding they were going to request a delay. The letter we have now received requests a five (5) year waiver. We didn't think that was appropriate. If one septic system quits functioning in the interim, that would allow them to repair it and not be required to hook on to the sewer line. Right now, that agreement is dead in the water but we have placed this item on your discussion agenda. The bank has made a lot of effort to put that together in order to get sewer to their frontage property; but the arrangement with Mr. Hellums, unless it is resolved, is probably not going to let the deal work. The bank really wants to get this moving and with the council's permission, would like to place this on the August 5, 1997 agenda and ask the city council consider a variance. B. Reminded members of the TML Region 8 meeting on August 8th, 6:00 p.m. social hour, dinner at 7:00 p.m. at Randolph Air Force Base Officer's Club and we need attendance plans by ` July 30th. C. Called attention to a ground breaking at Theis Distributing on FM 3009, Friday, July 25 at 6:00 p.m. There will be fajitas and cold drinks and casual dress is recommended due to the heat. D. Stated that H -E -B is having a restaurant (Greats) opening on August 5 in the early afternoon and invitations were to have been mailed. #7 ITEMS BY COUNCIL: Mr. McDonald: A. Commented that he understands Greenshire residents received a letter about sidewalks on their access road. Mr. Sweatt said we have notified the developer of sidewalk requirement on Woodland Oaks Drive from Unit 6 to Unit 3. B. Stated it looks like it is getting dry enough to schedule mowing in the ditch behind Cotten King. Mr. Sweatt replied that we are working now as long as we can and are woefully behind. Water and street department personnel are working overtime and frankly are losing ground. C. Inquired if we need to take any action on Mr. Sweatt's memo regarding the Caboose non - compliance with ADA. Mr. Swinney commented that Ms. Niemietz has bent over backwards to accommodate as much as she can considering the nature of the structure. -364- Mayor Baldwin stated that it was his belief that if she ever closes that business down, the city needs to make it clear to the Riedels that the Caboose will not be operated as a business again unless they can address the ADA issues and bring it up to standards. Mr. Potemoa: A. Stated he noticed a sign on FM 78 saying "crew work ahead" and maybe that is a good indication. Mr. Sweatt advised the right of way maps have been finished, we are contacting property owners and finished four (4) appraisals and have been in contact with all but two (2) of the property owners on FM 78. The appraiser is working on his first round of appraisals for us to start making offers. The project is still in the proposed Texas Department of Transportation letting for fiscal 1997 -98 which is really 1998 year, hopefully August or September. B. Commented the Destiny Homes construction office, a double wide mobile home which he understood was to be a temporary structure has built a porch, poured a concrete sidewalk and now they are putting siding up. He has asked Steve Simonson to- .check -into this. C. Mentioned the new restaurant going in next to the Ace Hardware store. Mr. Swinnev: A. Stated we've found a new use for the large pavilion at the park, apparently it is a big hangout for skate boarders. B. Inquired if anyone would be interested, if he were to scrounge courtesy rides on a T -37 or T -38? Mr. Greenwald: Had nothing to report at this time. #8 ITEMS BY MAYOR: A. Inquired if anyone was interested in doing the FM 3009 /Schertz Parkway bus trip this Saturday or next Saturday. Due to conflicts it was decided to reschedule when everyone will be able to attend. B. Requested the names of those employees responsible for the Fiesta Texas trip for the flood victim's children. C. Commented that last night as he came across FM 78 he could still smell the odor from Beck Concrete. Mr. Sweatt said today is the sixth day and they told him they thought it would be six (6) or seven (7) days so he would call them again. -365- #9 ADJOURNMENT: Mr. Potempa and adjourned at 9:35 p. ATTEST: On a motion by Mr. Swinney, seconded by carried unanimously, the meeting was M. Deputy City Secretary, City of Schertz -366-