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ccswks 08-28-1996 SPECIAL MEETING OF THE CITY COUNCIL August 28, 1996 The Schertz City Council convened in Special Workshop Session on Wednesday, August 28, 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; Joe Potempa; Earl Sawyer; Timothy Swinney and Ken Greenwald. Staff present were City Manager Kerry Sweatt and City Secretary Norma Althouse. '1 speak. HEARING OF RESIDENTS: No one had signed up to #2 Consider and take action, regarding reconsideration of motion which denied a request from FM 3009 Partners to rezone 121 acres from PUD/GB/M-1 to R-6 gated. Mr. Sweatt advised this was placed on the agenda to allow a presentation by the FM 3009 Partners in response to a request at the last Council meeting. It was put on in such a way 50 they could provide information if it were the Council's wishes to reconsider it's motion. Clearly, future action would be necessary if anything were to develop from that reconsideration. Barry Sandi ten and Sam Bledsoe are here tonight to represent the FM 3009 Partners. Mr. Sandi ten explained this is a 121 acre tract of land located behind the HEB development project. They have a 90' right-of-way to FM 3009 which will be behind HEB's future retail. They are deed restricted against commercial and restricted to residential uses only. When they first looked at laying out the land, they observed the topography and wanted to see where they could go for sewer and for drainage. The property has a ridge coming through it. Part of it drains toward FM 3009, part of it drains toward IH-35, and part of it drains toward Wiederstein Road. There were some concerns raised by certain individuals, one of them being James Harden, about future development of their property. Mr. Harden wanted to make sure the residents of this proposed subdivision understand that his property, in the future, will be developed into a nursery. An offer was made to Mr. Harden to incorporate something into the deed restrictions stating that fact. Another concern was that the drainage issue be met. Mr. Sanditen stated he has, along with the help of MBC Engineering, arranged to drain a lot of what is going up through other people's properties out to the IH-35 access road via an easement along the Mobile Villa Subdivision. He has also arranged for another drainage easement which will be shown on future plans in this presentation. -410- The property is severed by the high power lines easement. They had originally wanted to gate Wiederstein Road, but were told it was practically impossible. It was planned as a minor arterial and they would need to provide for it and eventually build it to go through the property in some manner. Mr. Sandi ten went on to say his concept was to build a gated community with two different priced homes. The lower-priced homes would be on 55' and 60' lots and the higher-priced homes on 65' and 70' lots. He was trying to provide a greenbelt a setback from the edge of the right-of-way of 120 feet to create an additional buffer. He also wanted to provide a hike and bike trail which extended into what he perceived to be the middle of the subdivision because that will be the center of the community for activity. There will be.a swimming pool, a kidscape, a pavilion, tennis courts and other things of that nature. They complied with Mr. Willman's request for Wiederstein Road and came up with the option that was presented to Council. Mr. Sandi ten commented that still left the gated community concept intact, however this plan doesn't show secondary access which they now have. He has provided for Wiederstein Road to be built on the east side of the power lines, and there was a question of concern about the section that connects to FM 3009. He has met with Pat 01ds who supports this project and who said he would do whatever it takes to get the easement to FM 3009. They had always planned to have a secondary access at some point, but were trying, with the master plan concept, to give the Council an overall idea of where they were going. This was with the understanding the first unit is pretty well set, using the natural concourse of the land for drainage. They met with the residents of the Deer Haven Subdivision and their concerns were a 75' setback previously agreed to when this was going to be developed as industrial. They came to an agreement whereby these will be larger lots of approximately 80' by ISO' and the setback will be 50' instead of 75'. There was a brief discussion on the building of swimming pools to the back of the lots and whether they would need a variance to do so. That issue may have to be addressed. Mr. Sandi ten declared if this plan is not acceptable, he has an optional plan just to tie into Wiederstein Road and eliminate the gates. Mr. McDonald indicated he would rather see Wiederstein Road completed out to FM 3009, so long as it's where it doesn't do damage to the commercial property. Mr. Sandi ten mentioned the only thing Mr. Olds asked of him was that he not leave him with an unusable -411- piece of property. Sam Blesdoe discussed the traffic issue and said the rule of thumb is that 41% of the number of lots usually represents the average traffic count at anyone point per hour going in and out. In this case that amounts to about 72 cars per hour. Mr. McDonald observed there wouldn't be a lot of traffic on Wiederstein because the gated community wouldn't have access out of the gated community onto Wiederstein unless there's going to be another gate there. That's not going to be an emergency gate is it? Mr. Greenwald stated you almost need to establish access because by the time you built it back in, it's a long way to go to get out. Mr. McDonald said if they're brave, they could drive down Wiederstein to Schertz Parkway. Mr. Potempa asked how long Mr. Sanditen thinks it will be before they develop Wiederstein Road out to Schertz parkway. Mr. Sandi ten replied they are not going out to Schertz Parkway. There is a 60' right-of-way already dedicated. Mr. McDonald asked if they would build it out to FM 3009 and was told they would. Mr. McDonald expressed another concern. Apparently at one time Mr. Barshop made an agreement to put some kind of drainage along the property line so it wouldn't go on Mr. Froboese's land and come out to FM 3009. Mr. Bledsoe reported there's a road that cuts Mr. Froboese's property right in half, but it has pretty good drainage. He doesn't know if you can berm it up in such a way to get the water to go somewhere else. There are two large culverts in the area put in by the Highway Department. One is at the end of the Froboese property. He doesn't think you can prevent the water from going where there's a natural low. Mr. Sandi ten noted they're diverting a lot of the water that's sheet flowing over the property. They're trying to get the water down to the culvert to take it over to the other side of FM 3009. A lot of this water will be diverted through the street system of the subdivision. He doesn't think they're increasing the water flow, but you can't change it. Mr. Bledsoe added they may be picking up some water and taking it out, but you can't divert water from one watershed to another. You're sitting on top of a hill, so water goes about five different directions. Mr. Sweatt related that when Barshop developed the first plan, they were oversizing the culvert to handle the entire area. He then asked Mr. Sandi ten if they ever found the written agreement between Barshop and Mr. Froboese and was told they did not. -412- Mayor Baldwin asked how many lots are in the first phase of the project and Mr. Sanditen replied there are 61. Mr. McDonald then asked when the first part of Wiederstein Road will be completed and Mr. Sandi ten replied they are proposing to build Wiederstein Road all at one time. When they plat Phase 1, they will dedicate the right-of-way. When they plat Phase 2, they will post 25% of the fiscal needed for the road and by the time they get to Phase 5, they will have enough money to pay for developing the road. Mr. McDonald observed that when they build the first phase, there will be a possibility of a drainage problem because Wiederstein Road won't be there to carry any of the water. Mr. Sandi ten pointed out there are two sources of drainage in the area. Mr. Potempa questioned how the water will drain lots on Antler Drive. Mr. Bledsoe answered it's ridgeline. Those lots drain pretty much from back. down along front the the to Concern was expressed about the back side of faces IH-35. It seems like it's uphill most of toward the power lines. Mr. Bledsoe and Mr. attempted to explain how those lots will drain. Fawn that the way Sandi ten Mr. McDonald asked if they solved Mr. and Mr. Harden answered they addressed is happy with the solution. Harden's problem it very well. He Mr. McDonald commented he has no problem with the gated community, but he is somewhat concerned about needing a noise abatement wall behind HEB. Mr. Sandi ten related that one of the things he obligated himself to do as part of the agreement for buying the land, was to fence and screen the area from the commercial development. There was some discussion about the type of screening required. Mr. Swinney asked where the gates will be. Mr. Sandi ten replied at FM 3009 and at Wiederstein Road. Mr. McDonald, saying Wiederstein won't be completed until after phase 5, thought they had to have two gates immediately for emergency access. Mr. Sandi ten remarked they could have a breakaway gate anywhere along the easement. There is a caliche road there now and there are a number of options to get secondary access into the units as they build them. Mr. Bledsoe pointed out the easiest access is through the power lines easement. Several temporary access methods were mentioned. Mayor Baldwin commented he finds it unusual that the real expensive houses are in the non-gated area. How many lots are in the gated area? Mr. Bledsoe replied there are 300 lots in the gated area and there are 50 estate lots in the non-gated area. -413- Mr. Swinney asked if everyone is subject to the homeowners association dues or just those in the gated area. Mr. Sandi ten replied just those in the gated area. The estate lots may have their own homeowners association. Mr. Sweatt stated they prepared the agenda in such a way 50 the Council could reconsider the motion which denied the rezoning request and then also so they could take action regarding a rehearing date. Mr. Swinney indicated he had spent some time with Mr. Sandi ten and he had answered all his questions about this proposed project. Mr. Swinney moved to reconsider the motion which denied a request from FM 3009 Partners to rezone 121 acres from PUD!GB!M-1 to R-6 gated. Mr. Potempa ~econded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. #3 Consider and take date for FM 3009 Partners on from PUD!GB!M-1 to R-6 gated. action regarding a rehearing a request to rezone 121 acres Mr. Swinney moved to schedule a rehearing date for September 3rd on the request from FM 3009 Partners to rezone 121 acres from PUD!GB!M-1 to R-6 gated. Mr. Potempa seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. #4 Discuss final reading of ordinance authorizing a Tax Abatement and Tax Abatement Agreement with Security Capital Investment. Council indicated their readiness for this item to be included on next Tuesday night's agenda. #5 Discuss final reading Unified Development Code (UDC). of ordinance approving Mr. Sawyer commented the wording is better. Mr. Spain remarked he addressed all the questions that came up the last time. In trying to come up with a definition of graffiti he said it would include oaintino or anv other kind of writino or markinos on common areas out there without the orior consent of the homeowners association. -414- Mr. Swinney determined by the homeowners liked the fact the timeliness the City as opposed to being association. for repair determined is by Mr. Spain mentioned he had added an additional remedy so that if the homeowners association doesn't take care of these things, the City can take the gate down and make it a non-gated community. That is one of several choices. Mr. Swinney asked if is entitled to the agreement is silent required to maintain the penalties. in a situation such as that, the City escrow and Mr. Spain replied the on that matter. They are still - taking the gate down is just one of After being asked by Mayor Baldwin, Council were ready for this item to be included on night's agenda. agreed they next Tuesday #6 Discuss bids regarding hospitalization insurance program. Mr. Sweatt advised the City had solicited proposals for hospitalization insurance for the employees. Council received in their packets a summary of the pros and cons of the three companies being considered who meet all the specifications. They are Humana, Pacificare and Wellchoice. After review and analysis, it has been determined Wellchoice offers the best alternative. They are offering a two-year premium guarantee and a cap of 5% increase for the third year. They are new to the State of Texas, but have an excellent reputation in Michigan. Mayor Baldwin asked if they have a local office and was informed they have an office in San Antonio. Mr. Sweatt indicated Mr. Marquez and Mr. Feike are present to answer any questions Council may have. There was a brief discussion about what is considered an emergency, about referrals, about the percentage (100%) of hospital coverage, about the PPO option, about dental coverage, about the co-payment for an office visit ($10.00) and about the effects of current legislation. Mr. Feike pointed out they offer a mail order deal for subscriptions whereby you can get a 90 day supply for the same price as a 30 day supply at the pharmacy. Mr. Sweatt noted Wellchoice would represent an increase in the premium for each employee from $115.40 to $117.96. This is an increase of 2.2%. Mr. Potempa asked if this increase is budgeted and Mr. Sweatt replied yes it is. Mr. Sawyer inquired if the two clinics in Schertz are included in this Wellchoice program and was told both are included. -415- Mr. Swinney questioned if Wellchoice reports and Mr. Feike answered yes they references they got were very positive. has satisfaction do and all the Mayor Baldwin asked which hospitals are on the Wellchoice Plan and Mr. Feike replied the Baptist System and the Methodist System which includes the old Village Oaks Hospital. Mayor Baldwin then mentioned that the employee who just has a spouse gets hurt on the cost of this medical coverage. Mr. Sweatt, Mr. Marquez and Mr. Feike all felt they could negotiate that figure with Wel1choice. Council indicated their readiness for this item to be included on next Tuesday night's agenda. #7 Discuss bids regarding hand-held meter reading computers. Mr. Sweatt informed Council the budget provided for the purchase of two new hand-held meter reading computers for this fiscal year. Bids were solicited and only one was received and that was from the company that supplies the City's billing system. Unfortunately it is a captive system. No other bidder can adapt to the software without the City purchasing a new utility billing system. The bid received was for $6598 which exceeds the budget by $598, but there are sufficient funds in the Water Department to cover the $598. It is recommended the bid be awarded to CPS Systems in the amount of $6598. Council admitted they were ready for this item to be on next Tuesday night's agenda. #8 Consider and take action to receive report submitted by Charter Review Committee. Mr. Sweatt, acknowledging the Council has a memo from him, deferred to Mr. Spain and to the Chairman of the Charter Review Committee, Mr. McDonald. Mr. McDonald related there are no advised Council to read the report. all the changes are marked. Mr. McDonald stated they did clarify the authority to issue bonds and clarified the process for appointing a Mayor Pro Tem. Mr. Spain added they clarified what has to be done for purposes of submitting a petition. major changes. He Mr. Spain reported Mr. Swinney asked candidates at-large McDonald confirmed changed. if there was discussion on electing versus district elections and Mr. there was discussion, but nothing was -416- Among the other highlights discussed were the following: (a) as far as authority to investigate, changed from having Council investiaate to having Council inauire; (b) changed from referring to specific Statutes to referring to what the general law says; (c) clarified the duties of the Deputy Municipal Court Judge; (d) clarified administratively from office only the fact the City to the City Manager, by the Council; Secretary reports but may be removed (e) changed various housekeeping items for purposes of continuity (e.g., Charter spelled with a capital C in some instances versus charter spelled with a lower case c in other instances - made them all capitals); (f) included a clause saying someone other than the City Manager can be the Finance Director; (g) changed the clause which now says the Council will appoint a Charter Review Committee every two vears to Council will appoint a Charter Review Committee oeriodical1v; and, (h) changed the recall procedure to state you have to be in office six months and you can have only one recall election during your term. Mr. Spain informed Council they will find a suggested list of propositions on the back of the Charter. Taking into consideration all the changes made by the Committee, he came up with 24 propositions. Mr. Swinney wondered if they need to firm up the section regarding someone, such as a Councilmember, being recalled to active military duty or is that covered under the Soldiers and Sailors Relief Act or dovetailed with any other protections. After discussion by various Councilmembers, Mr. Spain promised to check into it. Mr. Spain went on to say if Council wants to present these propositions to the voters, a Charter election can only be held on one of the uniform election dates. They are the third Saturday in January, the first Saturday in May, the second Saturday in August and the first Tuesday after the first Monday in November. However, in even-numbered years, a City election cannot be held on the first Tuesday after the first Monday in November. Mr. Sawyer moved to oficia1ly receive the report submitted by the Charter Review Committee. Mr. Greenwald seconded the motion, which carried with the following votes: -417- AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. #9 Discuss Drought Management Plan. Mr. Sweatt stressed this is not on the agenda tonight for any kind of recommendation. The federal judge has made a ruling to become effective October 1st and an appeal is in the process of being filed. It is suggested no action be taken until further information is available. Mr. Greenwald stated everyone using aquifer water has got to start thinking about alternative water sources. #10 CITY MANAGER'S REPORT: A. ~entioned, if it pleases Council, they would like to place an item on Tuesday night's agenda for action regarding the rejection of bids on the Xeriscape Park lighting project. They received a grant from LCRA for the project, they solicited bids, and the bids came in way above the estimated cost. They are going to speak with GVEC and also try do some force account work to try and get the project going. B. Requested a tentative list of those who are going to attend the TML Conference. Everyone but Mr. Greenwald is planning on attending. #11 ITEMS BY COUNCIL: Mr. Swinnev: A. isn't time for a change of Mayor Pro Tern. replied the change is due in November. Asked Mr. if it Sweatt B. Referred to the Letter to the Editor regarding the settlement with George Mower and said it caused him some concern because it seems to contain a lot of misinformation. He asked Mr. Spain to clarify it and Mr. Spain explained the question was whether the City could recover all the attorney's fees in this kind of lawsuit and it wasn't an option in this case. Although he is confident that if the City had pursued the case, they would have won, the only way they could have recovered the attorney's fees were if the court found that Mr. Mower's claims were absolutely frivolous. His claims weren't absolutely frivolous. They had some basis. Mr. Swinney thought issues like this need to be addressed in public forum. This misinformation is how people get a bad taste in their mouths for politicians. This prompted a brief discussion by Council with Mr. Potempa saying he understood that when this case was settled, all the facts and truths would be published. Mr. Spain commented the only understanding was that there would not be a confidentiality requirement. -418- Mr. Potempa then added the article is very misleading in that it appears it didn't cost the City/citizens anything. The fact is the insurance company paid the settlement, but it cost the City the $5,000 deductible fee. After further discussion, the consensus of Council was for Mayor Baldwin to write a letter to the newspaper explaining the actual facts of the case. C. Once again referred to a newspaper article, this time about recycling, and commented the column was ridiculous. Mr. Potemoa: Asked the status of replacing the Yield Sign on the IH-35 access road near Mobile Villa with a Stop Sign. Mr. Sweatt reported no progress has been made, but Mr. Kelley from TXDoT will be a guest speaker at the Businessman's Appreciation Dinner. Mr. Sawver: A. Reported celebration is this Saturday. the VFW 50th anniversary B. Mentioned one of his friends leads a bicycle group in San Antonio, and two of his members were stopped by a Schertz police officer for riding side by side. He had promised to get the law on it and the law says they are allowed to ride two abreast, but no more than two abreast. C. Commented the sign on the pole at the corner of FM 1518 and Oak Street still has portions of it hanging on the pole. He tore most of it off several weeks ago. D. Stated the park looks good. ~r. McDonald: A. Complimented those who mowed along FM 78. It looks so much better now. B. Indicated he had spoken with Mr. Marquez about tax abatements. Could we put out a report card on those to see who's meeting their goals? Did they create as many jobs as they said they would? Mr. Marquez said a report is required by law every January. Mr. Greenwald: Noted he had received a lot of good comments about the appearance of the railroad right-Of-way along FM 78. He does have one question. What has it done to the drainage that comes underneath the railroad track and runs down by the creek? There's water standing there. There was a brief discussion on this with Mr. Sweatt promising to check into it. #12 ITEMS BY MAYOR: College thanking the a satellite campus in A. Read a letter from City for their interest this area. st. Philip's in supporting -419- B. Also read a letter from the Housing Authority asking that the City select a liaison who can attend the Housing Authority meetings. Mr. Potempa is the current liaison, but because of his work schedule, is sometimes unable to attend the meetings. Mr. Sawyer volunteered to be the liaison. Mr. Swinney interjected a question at this time about the Northeast Partnership and wondered if it isn't time to review them and see what the benefits have been to the City of Schertz. Mayor Baldwin agreed the Partnership should be reviewed. C. Announced that September 4th at 10:00 a.m. is the grand opening of a business called British Imports. D. Noticed in the minutes of the Planning and Zoning Commission there was some concern about almost not having a quorum on an evening when they had an important vote. Their recommendation was to get Mr. Greenwald authorized as a voting member on any night when their isn't a majority. Mr. Greenwald questioned the validity of voting twice on the same issue. Mr. Sweatt mentioned he and Mr. Spain had been talking about the possibility of a proxy vote. Mr. Spain wanted to check into the legality of it. Mayor Baldwin asked why Planning and Zoning can't do the same as the Board of Adjustment and have alternates. There was a brief discussion on this. #13 EXECUTIVE SESSION: Called under Chapter 551 Texas Government Code, Sub-Section 551.071, Consultation with Attorney regarding pending or contemplated litigation. Before the Executive Session, Mr. Sawyer recommended cancelling the Budget Workshop (Item #15) scheduled for tonight since it's already 9:40 p.m. and he can't see having a Budget Workshop after 10:00 p.m. Mr. Sweatt reminded Council they need to publish the notice for the public hearing on the budget, and if the effective tax rate is going to be over the 3%, then they will need to publish a notice for a public hearing on the tax rate. After a brief discussion, Council felt the effective tax rate will not go over the 3% so that public hearing is not necessary and then gave their consensus for the notice of the public hearing on the budget to be published. It was decided to cancel tonight's Budget Workshop and have a Budget Workshop after the meeting next Tuesday night. An Executive Session was held from 9:45 p.m. to 10:17 p.m. #14 Consider and Executive Session. take action, if any, on above No action was necessary. -420- #15 BUDGET WORKSHOP (Cancelled and Rescheduled.) # 16 ADJOURNMENT On a motion by Mr. Potempa, seconded by Mr. unanimously carried, the meeting was adjourned ak Mayor, Ci~ of Swinney and at 10:18 p.m. ( Schertz, Texas ATTEST: ~ 12.-td-~, ~ "'J city Secretary, City of Schertz -421-