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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-