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ccswks 07-31-1996 SPECIAL MEETING OF THE CITY COUNCIL JULY 31, 1996 The Schertz City Council convened in Special Workshop Session on Wednesday, July 31, 1996 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 Charles McDonald; Earl Sawyer; Timothy Swinney; Joe Potempa and Ken Greenwald. Staff present were City Manager Kerry Sweatt and Deputy City Secretary Dolores Butler. 11 HEARING OF RESIDENTS: Mr. Bill Neller, 305 Koch Street, had signed up to speak regarding the recycling program and other issues. It is his observation that the recycling program needs to be re-organized because he can't see that it is working. He is the only one on his block that recycles. All Schertz residents pay $1.25 per month to pay Alamo Waste to pick up recyclable items but not all residents are using the service. Dividing $1,440.90 collected by the City during the month of June by $1.25 per month, that figures out to be 1,152.72 houses in Schertz and if that is a correct number, the recycling program isn't working as it is supposed to. Mayor Baldwin responded that he is sure there are more houses than that and he disagreed that the program isn't working. Recycling isn't intended to be a money making operation at this point, even though they are making some money, a very small amount from recyclable materials. Recycling is intended to do two things: 1) save landfill space so we don't fill up landfills and have to go out and find new locations; and, 2) to reuse some of the materials that can be reused. Basically, they didn't enter into this thing as a money making situation, they entered into it because there were a lot of environmentalists who felt they ought to be doing their fair share to preserve the environment. Mr. Neller said the citizens are paying for this and he wanted to know why. Mayor Baldwin said it was a referendum on the ballot and they voted for it. Mayor Baldwin said a lot of citizens came to the Mayor's Forum meetings wanting to know if the money would be refunded in the form of a direct reduction in garbage rates. This could be a possibility. Mr. Sawyer advised Mr. Neller that he could petition to change the ordinance and with enough it would be placed on a ballot for a vote. circulate a signatures, Mr. Potempa reminded Mr. Neller that recycling isn't mandatory and some citizens choose not to participate even though they pay the fee. Mr. Swinney stated that he looks at his kids and he doesn't want them facing a worsening environment. We don't have the luxury of landfills as we did 30 or 40 years ago. With all the regulations, the $1.25 charge for recycling is cheaper than a landfill even if we had the space. -352- Mr. Neller said he was told by someone who says they know, that they went to a recycling situation and all the garbage was dumped into this long building and there was no odor connected with it. Citizens weren.t paying for it - the money that was created through this private recycling facility was taking care of their own expenses and making a profit. Mr. you'd Sweatt things. Swinney said have to ask can attest that sounds like an ideal situation that person what month that was. to the fluctuation in prices on but Mr. these Mr. Neller said he asked what happened to the wooden Christmas decorations he made for the City (the City had furnished some of the materials) and someone told him they had all rotted out and were thrown away. He said he made two candy canes at the very same time for his personal use and they are still as good as the day he made them. He doubts they rotted because he had sealed the "wood before it was painted. Mr. Potempa related he had made big gift boxes to decorate under the Christmas tree and last year he questioned what happened to the stuff. He went to the Parks people and they showed him how it was rotted out. Mr. Neller noted that when national tragedies occur and we are asked to fly our flags at half-staff, it is impossible to do so unless one has an upright pole, which most people don't have. He had checked with personnel at Randolph Air Force Base to see if the National Flag Code would permit the use of black ribbon or crepe tied to the pole and was told such things weren't authorized. Mr. Neller wanted to know if the City of Schertz might make this suggestion to the "powers that be.11 Mr. Swinney stated that he knows how much the flag means to Mr. Neller, having put his life on the line for it 50 years ago, but to him, the American flag is kind of like the Bible, it is so great that you can't add to it or subtract from it - it just would not have any purpose to add a black ribbon or anything else. Mr. Swinney said he faces the same thing, wanting to fly the flag in honor of the people who have died, and he has one of the home flags too. He stated he thought it was perfectly acceptable to put that flag out at full staff when it is not a National holiday. It says this flag is out as a memorial to the people that he's honoring since he can't fly his flag at half-staff. He advised Mr. Neller that changing the Code wasn't top priority with the powers that be, they are too busy letting people burn flags! Mayor Baldwin thanked Mr. Neller for his comments and stated the Council would take his recommendations into consideration. Ms. Barbara Knight, 808 Mitchell Avenue, had signed up to speak regarding the animal control personnel being available for night shift. In her opinion, the three people in the -353- Animal Control Department don't have enough to do during the day. Citizens, knowing there is no personnel on duty at night and on weekends, let their dogs and cats out to run loose in the neighborhoods at night, not during the day. Mayor Baldwin remarked he didn't think anyone would disagree with that idea, however it is a money thing - 24 hour-a-day animal control coverage means additional staff. Mr. Sweatt advised they could discuss their work schedules but the department doesn't just pick up stray animals. Personnel adopts out animals, cleans kennels, euthanizes unwanted animals, fill out forms, etc. Their schedules are arranged so that all three aren't on duty during the same hours. Ms. Knight said they aren't on duty at night and on weekends when the problems are worse. She called the other night and the police dispatcher answered the call and she felt the pOlice have more important things to do than deal with animal nuisances. Mayor Baldwin told Mrs. Knight that if it was not an emergency, the dispatcher would not contact the animal control folks. If it was a matter of a noise violation, then the police service would be sent out. Ms. Knight wanted to know what was the chance of the Council doing something about the noisy cars with boom that go up and down the road disturbing others. Mr. advised that there is an ordinance concerning (disturbance of the peace) but citizens have to help it by filing complaints. City boxes Sweatt noise enforce Mayor Baldwin asked we have a guest, proposal. that item #7 be taken up at this point as Ms. Whitworth from AACOG, to present a '7 Consider and take action regarding AACOG request for resolution regarding water planning study. Ms. Whitworth explained that AACOG is talking about conducting a study based on a model they are already doing for transportation planning purposes in the Metropolitan Planning Organization. The City of Schertz is already in the MPO boundaries. The proposal is to expand past the MPO boundaries and include all of Guadalupe County to accommodate for growth outside the City limits. Some think AACOG already gets population projections from Texas Water Development Board (TWDB) and they do projections out 20 years. AACOG is not trying to take their figures and reinvent them, but will take a look and adjust their figures if changes can be documented. AACOG takes TWDB's population projections, the Comptroller's office employment projections, their own set of models called a disaggregate residential allocation model and an employment allocation model, and then work with TXDoT's network model. The concern is for unincorporated areas as developers move into those areas because they are putting people on septic systems. There has been concern with well contamination and run-off, and soil in some areas is not appropriate for dense development with a septic system. With the growth already -354- taking place and that growth projected, it is better to plan ahead for infrastructure. Mr. Sawyer asked what this study is going to cost the City and Ms. Whitworth said it won't cost anything cash-wise. The proposal is to come up with a share of the match through what they call their central processing unit, a management system that has a dollar value applied to the processing unit when it is running. It is about the same rate as a major university in the State, and has been recognized by other State agencies, and that is where it tracks to come up with the match. What AACOG asks the community to do is provide local knowledge and input for accurate projections. Mr. Potempa asked present situation Whitworth said no, if this study would have any bearing on with the new Aquifer Committee. it would not. the Ms. Mayor Baldwin inquired what the ultimate goal of the study is and Ms. Whitworth stated the ultimate goal is to identify when some of these areas are getting to the point where they are starting development and they need to think about being annexed if they are close enough into a city and be put on a central collection system, or they need to think about patch street system and production of some kind of utility system. Mayor Baldwin asked if they deal more with wastewater and Ms. Whitworth answered yes they do. Mr. Sweatt then asked if there would be a section of the report that deals exclusively with City of Schertz and its extraterritorial jurisdiction when the study is finished and Ms. Whitworth stated there would be. Basically, AACOG is looking for support from the cities and Guadalupe County to do the study. It would require some City staff time but it shouldn't be that much more since the city of Schertz already works with AACOG through the MPO projects. Mr. Simonson is on the Steering Committee. Mr. Sawyer asked what happens if they don't get the grant. Ms. Whitworth said they won't be able to do all of Guadalupe County but will still be doing this area. Mr. Sawyer asked if the Edwards Aquifer will be doing this same kind of study. It seems like everyone wants to get in on the money part of studying the aquifer, wastewater and everything else. Ms. Whitworth said that in the past, the old Edwards was very concerned with the quality of the water. At this point they aren't sure they're going to be dealing with just water quantity or if they are still going to be dealing with water quality. There is some feeling from Edwards staff that the new Board will have their hands full just dealing with water quantity. Ms. Whitworth advised that Al Notzen of AACOG has asked, even though this is a workshop session, that because of some time frames, the Council consider taking action on the resolution tonight. Basically he would like the City of Schertz to resolve to support the application by AACOG to the Texas Water -355- Development Board to develop long-range plans in management, conservation and development of water resources and related wastewater service for pure water quality protection. He would also like the City of Schertz to pledge to participate in the study once the grant is awarded. Mr. Sawyer asked how much staff time would be required. Ms. Whitworth reiterated that it would not be much more than Mr. Simonson already spends with the MPO. Mr. Potempa moved to accept the resolution as stated. Mr. Swinney seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None .2 Discuss final reading of ordinance rezoning approximately 30 acres from Residential/Agricultural (R/A) to Mobile Home Dwelling District (MU) (Cliff Johnson property). Mr. Swinney asked for a brief synopsis of the public hearing since he was not present for the meeting. Mr. Sweatt reported there was opposition in the form of persons in the area feeling there would be some degradation of their property. Council heard testimony about the plan for a manufactured home subdivision and made it clear that was not a manufactured home park. Lots and manufactured homes would be individually owned. They heard assurances from Mr. Johnson that we was aware of all the City's rules and regulations. Mr. Swinney asked if this is supposed to have a wall or gate or anything and was advised it does not. Mr. Sawyer mentioned they did put a restriction on Mr. Johnson to have the property platted within six months and construction started within a year of the approval of the zoning change. With no further discussion it was agreed to place this item on the Tuesday, August 6, 1996 action agenda. '3 Discuss final reading of ordinance establishing traffic control measures in Greenshire Unit 4. Mr. Sweatt stated a point of ordinance which passed on first stops at Wild Cherry and Osage. Wild Cherry is a through street It is two-way stop. With no further discussion it was agreed to place this item on the Tuesday, August 6, 1996 action agenda. clarification is that the reading dealt with two-way The ordinance indicates that and that was not the intent. '4 Partners General Dwelling Discuss public hearing on request from PM 3009 to rezone 121 acres from Planned Unit Development/ Business/Light Industrial (PUD/GB/M-l) to Residential District (R-6 gated), and discuss first reading of -356- ordinance regarding such request. Mr. Sweatt stated this location is the Barshop property and it backs into the Deer Haven area. The Planning and Zoning Commission held a public hearing in which 42 letters were sent to property owners within 300', seven letters were returned with two in favor and four opposed and one non-commital. The Planning and Zoning Commission listened to testimony and ultimately made a recommendation that the rezoning be approved and made to include the granting of a variance for 55' wide lots and that the total of the 55' lots not exceed 30% of the entire subdivision. With no further discussion it was agreed to place this item on the August 6, 1996 action agenda. '5 Discuss public hearing on request from Mike Lancaster to rezone 10.37 acres from Neighborhood Services (NS) to Residential Dwelling District (R-6 gated), and discuss first reading of ordinance regarding such request. Mr. Sweatt advised Council the area where Mr. Lancaster is requesting rezoning is located between Woodland Oaks Drive and Dimrock. Planning and Zoning conducted a public hearing on July 23rd. Citizens who spoke at the public hearing opposing the rezoning were not against a gated community, but felt the property is better suited for commercial use and should remain zoned Neighborhood Services. After deliberation and review, the Commission recommended approval of this request. The approval of the request would include a variance for 55' wide lots, however each of such lot total to be a minimum of 6,000 square feet as required by the ordinance. Council agreed they were ready for this item to be included on next Tuesday night's agenda. '6 Discuss public hearing on request from city of Schertz to rezone 8.61 acres from Apartment/Multi-Family Dwelling District (R-4) to Neighborhood Services (NS), and discuss first reading of ordinance regarding such request. Mr. Sweatt told Council this is the property at the corner of Schertz Parkway and Elbel Road next to the Sycamore Creek Apartments. Mr. Veytia, the owner of the property, has been unsuccessful in obtaining financing to build apartments there. He has had several extensions from Planning and Zoning on his originally approved time frame. Planning and Zoning, at this time, feels the property should revert back to its original classification of Neighborhood Services. Council indicated their readiness for this item to be included on next Tuesday night's agenda. .8 Discuss bids for telemetry equipment for utility ~ontrol system. -357- Mr. Sweatt reported they continue to feel the best bid for this equipment is that of P.C.! at $42,593 in as much as the low bid from Coercive Electronics, Inc. (current provider) and Remote Operating Systems each use primary electronic components that are available only through them. Past experience with Coercive Electronics reflects what they believe to be excessive charges. They have seen rapidly escalating maintenance agreement prices. The services from C.E.I. are felt to be not only subject to single source but are designed and maintained by a family business and could be very difficult to maintain in the future. P.C.I. materials can be purchased at a number of supply outlets and will be more easily and less expensively maintained by the City and for that reason they recommend awarding the bid to P.C.I. Mr. Swinney asked if this is pretty reliable equipment and questioned its maintenance history. Mayor Baldwin then asked what the annual maintenance contract is on this kind of equipment. Mr. Sweatt stated they could buy a maintenance contract but have not solicited one. They didn't ask them to price a maintenance contract because they weren't planning on having one. They will be prepared to answer specifics Tuesday night. Mr. Swinney stated he sure would like to see them heavily consider Coercive Electronics at a 20% difference in cost. Mayor Baldwin said if they're going to buy a maintenance contract from T.C.I. and T.C.I. is going to fix the equipment for the price of a maintenance contract, it doesn't make any difference what the price of the equipment is or what the part costs, the maintenance contract will cover it. Upgrading may be a different subject if that's what we're talking about. We could upgrade the P.C.I. equipment on our own without having to use specific expensive equipment. Normally this would be maintained through a maintenance contract, whether it is C.E.I. or P.C.I. The $8,000 difference is a lot of money. Mr. Sweatt assured Council he would look into pricing of a maintenance contract with Coercive. Mayor Baldwin asked if we have some history here. Does P.C.!. do this type of thing for other cities? Did P.C.I. and Coercive both submit references? Mr. Sweatt answered he believes they have some information in that regard. With no further discussion it was agreed to place this item on the Tuesday night agenda. '9 DISCUSS BEXAR METRO 911 BUDGET Mr. Sweatt stated that in the Council packet there is a request from E-911 District to approve their budget. The memo of transmittal indicates what the City understands to be charges based on information from 911. Councilmember McDonald -358- pointed out that is not exactly correct. Jerry Marshall was here and Council questioned him about that. The bills in Guadalupe County (exchanges 685, 659, and 651) pay 22 cents compared to the 18 cents per month that is paid in other parts of the Metro and Comal County. The basic determination is not the county you are located in but the exchange. If you have metro exchange you pay 22 cents. If you are outside of the Metro exchange you pay lB cents. The explanation was that anybody in Guadalupe or Comal County who is not on the Metro exchange pays 18 cents. Mr. McDonald went on to say the charge is 2.2% of base rate which for us is 22 cents. The rest of Comal and Guadalupe have a lower base rate than we have so it comes out to 18 cents, but if they want to call from Marion to a 658 exchange it is a toll call and we can call clear across town without it being a toll call. Mr. Sweatt mentioned that Mr. Potempa"called 911 and got a number of clicks and hung up and then called the regular police number and got the dispatcher who later tested the number and dialed 911. What they think might have happened is that he was getting a bunch of calls all at one time. He may have gotten a busy signal as it rotated from one line to another, or there may be some problem with Mr. Potempa's automatic dialer. Mr. Swinney advised he had checked the US News Magazine at the library in the first part of June and the headlines were about 911 and the problems they're having. The vast majority of 911 calls shouldn't even be going to them. Mr. Sweatt stated this is a nationwide problem. The article also points to looking at a clearing house number, a 1-800 number, encouraging people to call that rather than 911 for non-emergencies. Mr. Baldwin stated that 22 cents per month is well worth what they're receiving. '10 CITY MANAGER'S REPORT: A. Noted he has distributed to all Councilmembers a copy of a proposed budget calendar. By close of business tomorrow they will have filed, with the City Secretary's office, a budget in accordance with terms of the City Charter. From that time on a number of things are set by law and must occur. They've noted that on September 11, if the recommended tax rate is over the 3% increase above the effective rate, a public hearing will need to be held. Under this general schedule, it's the State law that deals with tax notices and the Charter that deals with budget items. They've tried to put in the minimum dates. The September 12th and 17th dates could be moved forward one week if there were some dire emergency, but otherwise this schedule will meet all the legal requirements and Charter requirements and various publication deadlines. As it stands today, the recommended tax rate will not be a 3% increase above the effective rate, so it will not be necessary to hold several of the public -359- hearing that are listed (the September 11 hearing will not be necessary and a vote to adopt the tax rate on the agenda on August 28th will likely not be necessary. Workshops scheduled the 6th, 14th, 20th and 28th of August are regular meeting times as is September 3rd. However, August 6th is the night the Macedonian mayors will be visiting and he thinks Council might not want to spend too long in a workshop. If Council wants a workshop, maybe it should be just the first general review. Mr. Sweatt asked if anyone had a problem with any of these dates and there was no conflict. Mr. Sawyer interjected he understands there's a policy that no City Council meeting will last past 10:00 p.m. and thought they should adhere to that policy during these budget workshops. B. Stated that in the packet is information regarding the Macedonian mayors' trip. Having spoken with the City Manager of Highland Park, he learned they had a very pleasant visit. One of the things they really like to do is talk about their country, so we may want to give them an opportunity at one of the functions to do so. They also like to take pictures so we will accommodate that. Mr. Swinney asked if the weekly Herald is going to be covering this visit. Mr. Sweatt stated that because of the question of security, both the Herald and the Northeast Sun edition of the Express-News have been alerted and furnished copies of press releases but asked they not run the story until after the visiting mayors have departed. The Northeast Sun reporter is going to be here on Tuesday afternoon at 3:30 for an interview and may bring a photographer but that is not for certain. Rachel Drady of the Herald will be at the Council meeting Tuesday night and may bring a photographer at that time. stacey Pagdett (intern) is writing an article for the Texas Town and City magazine so we should get some nice coverage, all after the visit. The details of the San Antonio trip have not been firmed up yet, but updated information will be provided. Attendance at the breakfast at Denny's and the barbecue at the Community Center is encouraged. We would like you to bring a covered dish in an effort to give them a taste of Texas (no pork please). Mr. Sawyer suggested the agenda schedule should be on military time. '11 ITEMS BY COUNCIL: Mr. Greenwald: A. Mentioned that he and Mr. Sweatt went to Southwest Texas and listened to Judge Bunton and Joe Moore. From what they heard on the news tonight, they're talking 1.2 times winter averaging, and all of the San Antonio River is discretionary water. Mr. Sweatt admitted the City's going to be 10,000,000 gallons short at 1.2 times winter averaging. -360- Mayor Baldwin asked who mentioned a $10,000 per day fine for every day they are in non-conformance. Is that just private purveyors or is that municipal purveyors? Mr. that that Sweatt replied they understand one of the proposals is everyone will have to surcharge based on a set amount and surcharge will be rebated directly to E.A.A. plus 20%. Mr. Greenwald commented Council will be hearing something from Mr. Sweatt and Mr. Bierschwale in the next few weeks regarding alternative water solutions. Mr. McDonald asked, regarding the report of 6,000,000 gallons of water loss, is there any way to reduce that. Mr. Sweatt advised that some is unaccounted for, some is due to leaks, and some is just unavoidable. They count fire loss, calculate gallons pumped and are doing everything they can. ' Mr. Greenwald said Judge Bunton pointed out that the current opinion of Texas Water law is based on a rule in East Texas where they get over 54" of rain a year. Mr. Greenwald's opinion is that Judge Bunton will encourage separate rules for each area according to annual rainfall. Mr. McDonald: A. Reported the motor home is still out on the street in spite of the 72 hour limitation. Mr. Sawyer: A. Reported he had attended the Attorney General's briefing in Odessa and they brought up the issue of oath of office by police officers and municipal court judges and he was wondering if the City is following the procedures annually. Mr. Sweatt answered they every officer re-sworn and Police Chief's signature. every two years. are, but they are going to have issue new I.D. cards over the new The requirement is that it be done Mr. Swinnev: A. Thanked Mr. Sweatt for the letter sent to Southern Pacific Railroad regarding clean-up of the right-of- way. B. Gave kudos regarding the City's stance on preventative crime. C. Related the AMCC Convention was much better than Austin. State Senator Peterson from Pasadena indicated that cities have no jurisdiction on guns, pointing to the State Constitution as the legal authority. We need to review this matter. Senator Peterson is going to introduce legislation in the January session that will flip-flop the current law. As it stands, if you are 14 years or younger, no matter what you do, you're a juvenile and they can't touch you. Senator Peterson wants the law to state that at any age, if you use a gun or knife committing a crime, you will go to adult court. At that time, if there are extenuating circumstances, the judge can put you back to juvenile court status. -361- D. Reported attending a meeting about council staff and it seems to be a managers to provide council a summary of the city manager common practice accomplishments. and for E. Stated even though he had initially pooh poohed the idea of not throwing candy at the 4th of July parade, it was brought to his attention that some pre-school kids came close to being crushed. The City is open to liability but that is the least of our problems. You talk about a damper on a parade! As a compromise, we could have some volunteers walk along the street keeping the little ones back, or if we are going to continue the current practice, toss candy at the very front of the parade. He suggested this be passed on to the Schertz Business Association and put in corporate memory for next year. F. Would like to propose that the City consider addressing the budget more on the major decisions and major policy changes, etc. which need heavy discussion as opposed to going line item by line item. He also agreed with a 10:00 p.m. time limit. Mayor Baldwin stated he concurred with looking at department by department. If there is an increase in the budget, they need to know some basic reason why it has increased. G. Suggested it is time to get the bond issue up on the table for next spring and would like to direct the City Manager to come up with a feasibility and game plan to get the bond issue going, and would like to take a look at it in six weeks if that is enough time. In his opinion the City should think real bold. They should learn from the school district about getting the community involved. Mayor it. staff staff) ramrod leading Baldwin stated that is exactly how the City needs to do They need to get 50 to 70 citizens to meet, have the brief them and then get the City (Mr. Sweatt and his completely out of it. He and the Council have got to the whole thing. They need to be the ones up front this thing. Mr. McDonald agreed they have to lead, but they need a big enough committee to ramrod the bond issue. Mr. Swinney suggested giving Mr. Sweatt six weeks to get a game plan together for proposing the sales tax again, for proposing a bond issue regarding both public safety and recreation, and designing it such as the SChool District did in that it is a menu (not all or nothing). He also recommended they have a citizen committee of a minimum of 50 people, i.e., business leaders, BVYA members, volunteer firemen. He is not adverse to hearing the outspoken tax people, but prefers someone moderate enough to start from square zero instead of the negative types. They need, within six weeks, to also start looking at some feasibility groups to work with the school district and the County. -362- Mr. McDonald observed a sales tax issue could be a wash for the bond issue. Mayor Baldwin wasn't sure it ought to be promoted that way. Mr. Sweatt thought he could get the public safety part put together fairly quickly, but the recreation part may take a little longer. He will see what he can get done in six weeks and come back to Council with a report. January is the next time they can have an election and that may not be enough time. Mayor Baldwin commented there is no rush to have an election, they just need to get people informed and educated. It is his opinion they need to keep the bond issue and sales tax separate. They need to do the sales tax first and then they've got the money in the bank to use as a selling point for the bond issue. '12 ITEMS BY MAYOR: A. Reported the Housing Authority achieved a 97.50 score in their public housing management and assessment program which means that they have been designated as a high performer. A letter was written to the President of the Housing Authority commending him on this rating. B. Noted the TML Region 7 meeting in Balcones Heights on Friday, August 16th and said ~hey need RSVP's. C. Stated Herb Rehmann harasses him about Antler Drive on a daily basis and now that he has seen Maske Road paved, he is about to have a heart attack. Why did the City pave Maske Road? Mr. Sweatt responded it was paved in order to cut down on the dust. Mayor Baldwin said he jokingly told Mr. Reh~ann the City bought a new piece of paving equipment and they are just practicing on Maske Road. He asked Mr. Sweatt if there's any way the Street Department could resurface the entrance to Deer Haven. D. Related that Real Coal Systems, Inc. in San Antonio has moved to Cibolo in order to facilitate company expansion. The Cibolo Industrial Park continues to fill up. Indicated he is hesitant to say this because he likes the guy, but he thinks there is a real conflict of interest between Lewis Borgfeld being on the City's industrial development committee and being a major stockholder in Schneider Park in Cibolo. The City needs to consider whether Lewis really serves in their best interest when it is time to appoint that group again. Mr. Sweatt reminded Mayor Baldwin that Schneider Park already had a 20,000 square foot facility available for Real Coal Systems. Mr. Sawyer mentioned it would be simple to establish a policy stating that only residents of Schertz serve on any board in the City of Schertz. E. Announced the School Board has already voted to buy the Greenshire site on which to build a school. Residents in Cibolo's ETJ are threatening with lawyers, so the Board is -363- going to give them a hearing to let them tell the Board all the reasons why they shouldn't build an intermediate school in the Greenshire Subdivision. They've already talked about the situation on FM 3009 and the traffic concerns and have come up with a means of getting some traffic off FM 3009 by taking the road by Dobie on up to the Deer Creek Subdivision, through Greenshire, on out and eventually tying into the Wiederstein Road overpass that will be built in this phase of IH-35 construction. This will give traffic coming in on both sides some relief. These people are dead set against a road even more than a school. If you think FM 3009 is in trouble now, wait until there are 2,000 to 3,000 homes and all of them have to feed onto FM 3009 because there is no other route to IH-35 or FM 78. The bottom line is would any Councilmembers be willing to attend the meeting tomorrow night and speak in favor of why we need that road and emphasize to these people that traffic on FM 3009 is eventually going to reach the saturation point. If these people kil+ the school site and kill the road, where will the traffic divert from FM 3009. Mr. Sweatt pointed out that the Planning and Zoning Commission tabled the matter on the Specific Use Permit request from the school and Mayor Baldwin said no, that's not correct, they killed it because the Board ~as not in a position to make a decision until after this hearing. If this is not the right place for the road then the school needs to go back to the Planning and Zoning Commission. Mr. Sweatt said as a matter of interest, the City of Cibolo didn't want to extend Woodland Oaks Drive and he thinks that was a case of bad planning. Mayor Baldwin went on to say what they have basically done is force the Greenshire developer to put in a 42' wide street for Royal Oaks to feed out onto. Here are people who live in a subdivision not in Cibolo, but in their ETJ, who don't pay any city taxes and they've got this beautiful 42' wide brick fenced entrance and exit to their subdivision. 113 Government deliberate employee. EXECUTIVE SESSION: Called under Chapter 551 Texas Code, sub-section 551.074, Personnel Matters, to the appointment, employment, evaluation, etc. of An Executive Session was held from 10:14 to 10:20 p.m. '14 DISCUSS ACTION REQUIRED, U' ANY, ON ABOVE EXECUTIVE SESSION. Mayor Baldwin advised Mr. Sweatt that because of the hour, Council has asked him (the Mayor) to compile t~e evaluations and arrange to come in to meet with him (Mr. Sweatt) during the daytime and go over the evaluations. They want the City Manager to see each individual evaluation. Council's copies will be turned over to the City Manager and they will have one for the final that is a consensus of all evaluations. -364- As a matter of record, Mr. Swinney stated the consensus of the Council was that everyone sees tremendous progress in working relations. The basic bottom line is that Mr. Sweatt has been a very effective and efficient City Manager who has worked in the best interests of the City and with the full confidence of the Council. ,l5 ADJOURNMENT On a motion by Mr. Swinney and seconded unanimously carried, the meeting was adjou Sawyer and 10:24 p.m. , Mayor, City<of Schertz, Texas ATTEST: i)tJp .Mo~ j l3.a P"h Deputy City Secretary, City of Schertz -365-