ccswks 10-11-1995
SPECIAL MEETING OF THE CITY COUNCIL
OCTOBER 11, 1995
The Schertz City Council convened in Special Workshop
Session on Wednesday, October II, 1995 at 7:00 p.m. in the
Conference Room of the Municipal Complex, 1400 Schertz
Parkway, Schertz, Texas. The following members were
present: Mayor Hal Baldwin, presiding; Councilmembers Joe
Potempa; Earl Sawyer; Timothy Swinney and Ken Greenwald.
Absent: Councilmember Charles McDonald. Staff present
were City Manager Kerry Sweatt and City Secretary Norma
Althouse.
Mayor Baldwin, with Council's approval, moved Item #6 to
the beginning of the agenda.
#6 ORDINANCE: Consider and take action. on final
reading of an ordinance amending Code of Ordinances
regarding load limits on River Road, Cloverleaf Lane and
Bubbling Springs Road.
Mayor Baldwin introduced an ordinance and read the caption
as follows:
ORDINANCE 95-D-30
PROVIDING THAT THE CODE OF ORDINANCES, CITY OF
SCHERTZ, TEXAS, BE AMENDED BY REVISING CHAPTER
18, ARTICLE II, SECTION 18-45 OF SAID CODE,
PROVIDING FOR RESTRICTIVE VEHICLE WEIGHT LIMITS
OF FIFTEEN THOUSAND (15,000) POUNDS TO BE PLACED
ON CERTAIN STREETS; AND REPEALING ALL ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT.
Mr. Greenwald moved to approve the final reading of an
ordinance amending the Code of Ordinances regarding load
limits on River Road, Cloverleaf Lane and Bubbling Springs
Road. Mr. Potempa seconded the motion.
Before the vote was taken, Mayor Baldwin opened the floor
for discussion.
Howard Hall of 233 Meadow Lane expressed concern not only
about the load limit, but also about the flood plain and
about what's being dumped. What are they dumping and who's
checking on them? The trucks come by Meadow Lane and make
a 90 degree turn to get into the area where they're
dumping. If there are going to be load limits, they should
also include Meadow Lane.
Mr. Swinney maintained that if trucks can't use Cloverleaf
or River Road, they can't get to Meadow Lane.
J. McInnis of 411 River Road wondered if the possibility
of "no through trucks" had been checked out by the City
Attorney and was told by the Mayor they would hear a report
on that.
-15-
Mike Rodriauez of 514 River Road noted the City had
repaired two water leaks on River Road this past week.
He's not sure whether or not the heavy truck traffic
contributed to the cause. Also, the chuck hole at the end
of the road is getting larger and will continue to do so
with all the trucks traveling that way.
A lady in the audience observed
with the speed limit of 20 mph.
mph.
the trucks don't comply
They travel at 40 and 50
A gentleman in the audience brought up the question of RV's
and how, with load limits, owners of RV's will be allowed
to move them in and out. Mayor Baldwin responded that's a
problem with putting weight restrictions on roads.
Sometimes you affect people who have vehicles that exceed
the weight limit.
Mr. Sweatt pointed out that the Traffic Code does
recognize periodic traffic such as RV's, school buses,
garbage trucks and delivery trucks.
Mr. McInnis reported seeing a sign in a housing
subdivision off FM 1518 (to the right after you turn left
off FM 78) which said something like "No trucks over 3/4
ton allowed unless making local deliveries." Is that legal?
Mayor Baldwin, saying the City Attorney is here tonight,
replied that question will be answered later.
Mr. Sweatt advised the City had been asked to look into a
number of issues to help regulate the truck traffic on
River Road. They have looked into the flood plain issue
and talked with both the City Engineer and with FEMA and
learned the filling of a manmade hole in the flood plain is
not a violation of FEMA or flood plain regulations. If you
fill a natural crevice, creek or waterway and raise the
elevation of the natural ground, then that is a violation.
Also, the times the City has been there, the substance used
to fill the hole has been purely clean material. The TNRCC
has been asked to check into it and run some tests.
Mr.
from
hole.
McInnis was sure that asphalt and other such material
old streets around the area had been dumped into the
Mr. Sweatt went on to say the speed limit in the
subdivision is 20 mph and tarping is not required unless a
vehicle is traveling 30 mph or more. On roads leading to
the subdivision which have a higher speed limit, they would
be required to tarp if debris is blowing or spilling over
the top.
Mr. Sweatt concluded by admitting, that at this
appears the load limit is the only effective
controlling the truck traffic.
stage, it
means of
-16-
Michael Spain acknowledged it's true that some residential
subdivisions do have signs posted prohibiting through truck
traffic, but he cannot find any authority for the City of
Schertz to be able to enforce that kind of restriction.
Mr. Swinney verified that you cannot restrict vehicle
types, but you can restrict load limits. There was a brief
discussion on how much trucks weigh, where the City could
take them to be weighed, and what kinds of fines could be
assessed for exceeding the load limit.
This was followed by more discussion about the flood plain.
Mr. Sawyer asked if we could require the landowner to keep
the fill on his land and not let it run into the creek.
Mr. Spain thought that would be a good question for the
TNRCC.
At this time the vote on the final reading of the ordinance
was taken and the motion to approve carried as follows:
AYES: Councilmembers
Greenwald.
Potempa,
Sawyer, Swinney
and
NAYS: None.
Mayor Baldwin now reverted back to the regular order of the
agenda.
#1 HEARING OF RESIDENTS: No one had signed up to
speak.
#2 Discuss final reading
a Reinvestment Zone for
Incorporated.
of an ordinance establishing
Vestal Steel Specialties
Mr. Sweatt remarked briefly that Vestal Steel is
forward as expected and mentioned that the
accessing their property off FM 3009 will be a
roadway.
moving
roadway
public
There was no further discussion and Council
were ready for this item to be placed on
night's agenda.
indicated they
next Tuesday
#3 Discuss final reading of an ordinance approving Tax
Abatement and Tax Abatement Agreement with Vestal Steel
Specialties Incorporated.
Mr. Sweatt stated the net revenue from Vestal Steel is
expected to be $8.67 for every $1.00 in cost. It is a good
deal for the City, for the community, and for the area in
general.
Council indicated their readiness for this item to be
included on next Tuesday night's agenda.
-17-
#4 Discuss final reading of an ordinance approving
Tax Abatement for Alamo Holly.
Mr. Sweatt pointed out this is an excellent deal for the
City. Alamo Holly qualifies for a 47.9t tax abatement over
the standard six-year term, but they have requested a
variance to that timetable. They would like a 90t
abatement for the first three years and a l7.4% abatement
for the fourth and final year. The net effect is the same.
Also, this property falls in the Enterprise Zone, so a
Reinvestment Zone is not necessary.
Mr. Swinney asked Mr.
abatement becoming more
Sweatt replied maybe - he
Sweatt if he sees this special
common with businesses and Mr.
doesn't see a downside to it.
After being asked by Mayor Baldwin, Council
were ready for this item to be placed on
night's agenda.
agreed they
next Tuesday
#5 Discuss final reading
fund in the City Treasury which
Court Building security Fund.
of an ordinance creating a
will be named Municipal
Mr. Sweatt reminded Council the first reading of this
ordinance was approved. It establishes the collection of a
$3.00 fee if the person is convicted and speCifies how the
monies from such a fee may be used.
Council felt they were prepared for this item to be
included on next Tuesday night's agenda.
Item #6 having already been discussed, Mayor Baldwin moved
to Item #7 on the agenda.
#7 Discuss bids on police vehicles.
Mr. Sweatt commented he has good news and bad news. The
good news is we can have four new police cars delivered
fairly soon. The bad news is they will cost more than
anticipated.
The City advertised for bids and received only two. One
was received from Jennings Anderson Ford for $18,822.75 per
unit or a total of $75,291. The other was received from
Red McCombs Ford for $18,483 per unit or a total of
$73,932. Predicated on delivery time, and the ability to
deliver at all, it is recommended the bid be awarded to
Jennings Anderson Ford out of Boerne, Texas.
Chief Agee informed Council that General Motors is only
building enough 1996 police packages to fill orders from
1995 and Ford Motor Corporation is building only a limited
number also. The bid submitted by Red McCombs is lower,
but there's a good chance we would not receive our order
from them because 73% of availability was exhausted as of
9-25-95. Jennings Anderson Ford has 25 police units due in
-18-
within thirty days. These vehicles meet our specifications
and he recommends we accept their bid.
Mr.
w~
they
Potempa asked if Jordan Ford had been
they didn't bid. Mr. Sweatt replied
couldn't compete.
called and asked
they advised us
Mr. Potempa then inquired if the police car bodies
currently in good shape and was informed they are. He
wondered why not keep them and replace the engines.
Greenwald emphasized you would have to replace more
the engines and it wouldn't be cost effective.
are
then
Mr.
than
Mayor Baldwin suggested the possibility of using
up to 100,000 miles instead of 80,000. There
discussion on this, but it was felt they wouldn't
anything.
the cars
was some
be saving
Mr. Potempa recommended revisiting the police car situation
at next year's budget workshops.
There being no further discussion, Council agreed this
item should be placed on next Tuesday night's agenda.
#8 APPOINTMENTS: Consider
appointment of Planning and
two-year terms.
and take action regarding
Zoning Commissioners for
Mr. Sweatt informed Council that Pia Jarman and David
Richmond, whose terms expire this month, have expressed the
desire to continue to serve on the Planning and Zoning
Commission. The Commission recommends they be reappointed.
Mr. Greenwald added he's sure everyone is aware of Bob
Andrews health problems and announced that Mr. Andrews has
resigned from the Commission.
Mr. Greenwald moved to reappoint Pia Jarman and
Richmond for two-year terms to the Planning and
Commission. Mr. Swinney seconded the motion,
carried with the following votes:
David
Zoning
which
AYES: Councilmembers
Greenwald.
Potempa,
Sawyer, Swinney
and
NAYS: None.
#9 Discuss City Manager's recommendations regarding
employee leave extension.
Council had received, in their packets, a memo from Mr.
Sweatt regarding a one-time extension of benefits to a
terminally ill employee. After said employee's sick leave
and vacation time is depleted, he would like to allow other
employees, on a voluntary basis, to donate up to 1/3 of
their unused sick leave or vacation time to the terminally
ill employee.
-19-
Mr. Potempa
explained the
policy. This
thought it was a good idea and Mr.
City is not ready to set a hard and
would apply only in this circumstance.
Sweatt
fast
Mr. Swinney asked what happens if an employee donates and
there's some left over. Mr. Sweatt replied it will
probably be pro rated back to the employee.
Mr.
this
sees
Swinney then asked if it's too much of a strain for
to be a permanent policy and Mr. Sweatt answered he
a way for too much abuse.
#lO EXECUTIVE SESSION: Called under Chapter 551 Texas
Government Code, Sub-Section 551.071, consultation with
attorney on pending or contemplated litigation.
An Executive Session was held from 8:10 p.m. to 9:00 p.m.
#11 Consider and take action, if any, on the above
Executive Session.
No action was required.
#12 CITY MANAGER'S REPORT: A. Reported the City is
expecting to receive bids in early November on the sidewalk
and slab work for the xeriscape park in Dove Meadows. That
will probably use up most of the remaining money in the
park dedication fund. If Council will recall, they had
indicated that money left in that fund, after the painting
of the pavilion, could be used for the xeriscape park.
B. Related that a landowner is asking Council to consider
beginning a street assessment program in an existing
subdivision. The City Attorney will be asked to describe
in detail the legal steps for proceeding with that project.
They have only discussed a substandard subdivision that
exists with no streets, water or sewer. If a majority of
the land were owned by a single party and if that party
came forward and asked for an assessment program (such a
situation now exists), there would be a way in which all of
the cost of improvements could be assessed to all the
abutting property owners on a benefit principle. Mr.
Sweatt said he will ask Mr. Spain to go into more depth at
a later date.
#13 ITEMS BY COUNCIL: Mr. Greenwald: A. Mentioned
he went with Planning and Zoning last Friday on a tour of
the City. Cibolo is not doing us any favors by allowing
subdivisions to be built without curbs and gutters.
B. Hoped everyone had a chance to read the article in
Sunday's Express-News about the IH-35 Corridor. It looks
like they intentionally left everything out in Bexar County
and everything that even touches Bexar County. They also
left out Schertz. Considering Schertz has 7 1/2 miles of
frontage along IH-35, Mr. Greenwald considered the article
a personal affrontery to the City and said Mr. Sweatt has
-20-
already started a letter to the lady who wrote the article.
Mr. Sweatt remarked he is considering using the tack that
we are anxiously awaiting the second series of this
article.
Mr. Sawyer: A. Asked if the City Inspectors are involved
in the inspection of the ramps being put in to comply with
the ADA. Mr. Sweatt replied they are. Mr. Sawyer
mentioned that at the corner of Marilyn and Oak and at one
of the cul-de-sacs off Marilyn down near Oak, they missed
putting some of the grooves in the concrete. Mr. Sweatt,
saying he was mistaken, noted that would be the
responsibility of the project inspector, not the City
Inspector, and he will ask him to check it out.
B. Commented there are still some posters, regarding a
lost dog, on telephone poles around the City.
Mr. Potemoa: A. Noted GVEC is putting up more poles
along Schertz Parkway, on the same side now as City Hall.
Mr. Sweatt revealed he didn't like the answer he got when
he asked GVEC about it, but they're using concrete poles at
the stress points and wood poles at other points.
Mr. Potempa pointed
on both sides now,
Parkway. Why?
out that at 13th Row, there are poles
so they will be coming across the
This prompted discussion about why the City can't require
underground electric lines, about the possibility of
looking at an ordinance that would require all future
utility lines be underground, and about the fact developers
agree to put their utility lines underground in a
subdivision.
B. Commented it's time to mow along Schertz Parkway.
C. Declared he thought we had a new veterinarian in
Tri-County, but he was driving up past Bill Miller's the
other day and saw a big building that said Veterinarian
House. Mr. Sweatt informed Mr. Potempa Schertz does have
a new veterinarian in Tri-County. The Veterinarian House
is in Cibolo.
Mr. Sawyer interjected the fact he found a green street
sign in the grass near the park that said Phoenix Ave. and
piCked it up and put it on the bike rack. Mr. Sweatt then
asked Mr. sawyer if he had noticed any benches on the
hiking trail, but Mr. Sawyer replied he had not.
Mr. Swinnev: Asked, regarding water conservation, if Stage
1 is over and was informed by Mr. Sweatt it is.
#14 ITEMS BY MAYOR: A. Announced everyone received an
invitation in their packet to the GBRA Pecan Fest.
-21-
B. Stated he received a letter from Felix
Land Commissioner, asking the Council
proclamation declaring the week of November
11th as Texas Veterans Land Board Week.
Arambula, Asst.
to approve a
5th through the
C. Commented he received a letter from the Greater San
Antonio Austin Corridor of Texas inviting him to
participate in a track to the future. It's an exploratory
commuter train trip from San Antonio to Austin at 9:30 a.m.
on November 1st. He can't go, but anyone interested in
going needs to RSVP by tomorrow.
D. Announced Bank
Albertson's in Live
cutting ceremony on
to attend..
One is opening
Oak and there's
Friday October 20th
a branch over by
a 9:30 am ribbon
for anyone wishing
#15 ADJOURNMENT: On a motion by. Mr.
seconded by Mr. Potempa and unanimously
meeting was adjourned at 9:35 p.m.
Swinney
carried,
and
the
d~.
,
Mayor, City of Schertz, Texas
ATTEST:
~ did, ""f'j
City Secretary, City of Schertz
-22-