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ccswks 09-13-1995 Jf? SPECIAL MEETING OF THE CITY COUNCIL SEPTEMBER 13, 1995 The Schertz City Council convened in Special Workshop Session on Wednesday, September 13, 1995 at 7:00 p.m. in the Council Chambers of the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas. (The first part of the meeting was held in the Council Chambers due to the size of the crowd.) 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. Mayor Baldwin announced that anyone wishing to address the Council concerning any item on the agenda, including the Specific Use Permit request from the school district, needs to sign the roster and speak at the beginning of this meeting. Once the Hearing of Residents item is completed, everything from that point on will be discussion strictly between City Councilmembers. #1 HEARING OF RESIDENTS: A. Earl Hartzog of 3700 Whitefield commented he objects to the amount of traffic the school will create. The plan for Savannah Drive to go all the way out to Schertz Parkway in the future is great, that will alleviate some of the problems. However, until Savannah Drive is developed all the way out, there will be a lot of students cutting through Ashley Place to get to the school. There will also be a number of parents dropping off students on rainy days which increases the amount of traffic, and there will be the addition of bus traffic into the area. Mr. Hartzog stated he feels the school will adversely affect the subdivision and he is opposed to it. He recommended looking at the Subdivision Ordinance because he can envision the possibility of someone asking to put a church on the other side. Mr. Hartzog then mentioned he had driven by Dobie Middle School earlier and noticed quite a few overhead electrical lines. If the school is built in Savannah Square, he can see numerous overhead electrical lines coming up Schertz Parkway to the school area. He believes that in an R-2 area, all utilities are supposed to be underground. The last thing mentioned by Mr. Hartzog was that the water system in Savannah Square was designed for residential development. Schools draw an additional amount of water and the water pressure is not the best in Savannah Square. B. Michelle Tereletskv of 705 Marilvn Drive asked permission to bring flyers to City Hall and also to put a small article in the Newsletter to discuss 'an auction on October 29th at the Schertz VFW to benefit the Lupus Foundation. She would like to get some educational f/oo material out to the citizens regarding Lupus. c. Chuck Sharpe of 1300 Antler Drive reported he was sorry he had missed the public hearing on the request from the school district. He's here tonight to concur with the location of the new school. It should be a neighborhood school. It's an ideal location on a main connector road between FM 3009 and Schertz Parkway. Regarding property values of homes located he will wager there will be people at district complaining that property values That's the ironic part of change no matter change you are talking about. He remembers criticized by some of his neighbors when he of Savannah Square being developed. near a school, the appraisal are too high. what type of he was highly voted in favor As far as living near a school, he lived right across from one when his children were of school age and enjoyed living there. He had no problem with vandalism and as far as children playing on the grass, there's an old song that says something to the effect that God and rain will bring the grass back, it's a temporary inconvenience. D. James Harris of FM 1518 and Schaefer Road spoke on conflict of interest on the part of the Mayor because he is an employee of the school district. He had to be greatly involved in the selection of this site for the school and the whole process of bringing it to the Council. Being silent would be fine, even though as a citizen the Mayor has a right to speak. However, he kind of gave up that privilege when he became Mayor. Then, as an employee of the school who's included in the decision making process, he is also able to put forth his views as the Mayor. This is definitely a conflict of interest. On the other hand, however, Mr. Harris applauded the Mayor for doing a good job in saving the citizens tax money by getting the best deal possible on the land. Mr. Harris said he also has a conflict because he wants the best deal for the taxpayers. He does feel, however, that the Mayor should not have a forum to support this school because of being in the decision making process of determining where it should be, how it should be, and the money involved. Mayor Baldwin reminded Mr. Harris that if all the Councilmernbers are present for the vote, he has no vote. Mr. Harris pointed out is mathematically possible that the Mayor could be the deciding vote. Mayor Baldwin commented if it comes to that, he will abstain. Mr. Swinney asked Mr. Harris if he doesn't agree the matter of conflict of interest is more in the realm of personal gain and Mr. Harris replied it has nothing to do with personal gain. ~6/ E. Robert Kina of 2700 Kline Circle spoke in favor of the Four-Way Stop intersections at Woodland Oaks Drive and Kline and at Dimrock and Kline. He remarked the residents of Woodland Oaks are not against progress and/or development, they are just concerned with safety. He is here tonight to reaffirm their support of the Four-Way Stops. F. Rachel Wall of 721 Davenport related her back yard will face the school site. She is supportive of the school coming into the community - she thinks it will be a positive influence. Regarding extra traffic, it's usually only ten to fifteen minutes in the morning and in the afternoon. She doesn't anticipate any problem with vandalism because of it being a community school. She has called a couple of realtors about the property value and they don't feel there's a significant property devaluation with a school nearby. Mrs. Wall expressed the desire for the school board to give the citizens more information than was presented at the last meeting. G. Joan Kinq of 3824 Davenport related the new school will be in her front yard. Mrs. King said she was a member of the Facilities Advisory Committee when the bond issue was proposed, and one of the main issues was they wanted to keep neighborhood schools. The bond issued passed overwhelmingly and now it's time to complete that job and get on with it. She wants to see her children go to a neighborhood school. She has contacted three local realtors who have all assured her property values will not go down. She's supportive of the school - she thinks it will be a positive force in the neighborhood. Traffic is not a problem and she doesn't see a problem with vandalism. Mrs. King expressed the hope the Council approves this request and the school is built. Carolyn Conklin of 725 Davenport spoke in support of the school. She remarked she was unable to attend the public hearing, but was shocked that people spoke against it. She has taken her own poll and hasn't had anyone admit they're opposed to the school. Chris Cabanski of 3701 Wm. Scarbrouqh felt the school will be a great buffer since Savannah Drive is going to go through to Schertz Parkway anyway. If there is a buffer zone, in the form of the school, it will be controlled by the police and people will have to slow down. Ms. Cabanski also commented that an unkempt yard decreases property value more than a school. She is supportive of the school. There being no further comments, Mayor Baldwin announced that any further discussion will be between the school district representatives and the City Council. ftti P- #2 Discuss action on a request from Schertz-Cibolo- Universal City ISD for a Specific Use Permit allowing them to construct an Intermediate School in Savannah Square. Mr. Sweatt related this matter was reviewed by the Planning and Zoning Commission and they have recommended approval. A well-planned traffic pattern will eliminate problems in the future when Savannah Drive is extended to Schertz Parkway. Savannah Drive is a 60' right-Of-way similar to Woodland Oaks Drive. It is projected to connect from Schertz Parkway to FM 3009. Both Savannah Drive and Woodland Oaks Drive are anticipated as collector streets. Neither have frontage of any residential property. There is, in fact, a one-foot non-access easement prescribed as part of the subdivision regulations in both. of those subdivisions. The site for the proposed school is a 12.185 acre tract of land. Mayor Baldwin announced Rehman, Janice Gangawer district are all here this to make a presentation. that Dr. Byron Steele, Herb and Ray Price from the school evening and Dr. Steele is going Dr. Steele reviewed some of the demographics. A committee of over one hundred citizens met with the school district about where schools might be located. They looked at growth in the community and believe that almost one third of the student body will be located in the area where the school is proposed to be built. There are approximately 875 homes there now and it is projected by the year 2000 there will be 2100 homes. Enrollment will increase from 1400 students to 1900 students. Dr. Steele pointed out Ashley Place, Units 1, 2 and 3, Savannah Square, and the back of Woodland Oaks on the map. Dr. Steele further stated the reasons for building the school in this location are because it is centrally located, utilities are available, there are underground wires, and the Biegert land is the least expensive in the area (he is selling it for $9,000 per acre whereas most all other land in the area would cost $25,000 per acre). Also, neighborhood schools are a popular idea - they certainly cut down on bussing and related expenses, the school will be located away from a hazardous transportation area, and the school district and the committee liked the concept of a neighborhood school as far as safety and convenience. The school district commissioned an environmental study and the report showed the property to be clear. The school district is asking for a favorable consideration of the Specific Use Permit request by the City Council. Mr. Sawyer asked how much tax the' City will lose if the land goes to the school. Mrs. Gangawer replied not much because the land currently has an agricultur~l exemption. 10~ Mr. Potempa wondered if the land were to be developed into houses, how much money would that generate for the City versus the land going to the school. Mrs. Gangawer replied there would probably be about 48 to 50 houses, but regardless of how many houses you have, you have to have schools somewhere. Dr. Steele asked what the average City taxes would be per house. Mr. Sweatt replied approximately $300. Dr. Steele then noted you would have to multiply 50 times $300. Mr. Potempa then mentioned Dr. Steele had said the committee picked the site for the school and Dr. Steele apologized if he conveyed that information, because the School Board chose the site. The committee asked that schools be built in neighborhoods where there are children. Mr. Potempa then asked what other locations were considered for the school. Dr. Steele replied there were several others on Schertz Parkway itself, but some of those areas have low spots and the moving of utilities makes it five times as expensive. Along with neighborhood schools, the committee's other objective was smaller schools. Mr. that Dr. find. Potempa admitted that what Dr. Steele is saying is Savannah Square is the cheapest and best location. Steele acknowledged it is the best deal they could Dr. Steele showed a diagram of the school and said they are looking at a buffer between the school and the houses. They will look at what the City requires and then probably add to it. Mr. Swinney complimented the school district for a great job. Dr. Steele thanked Mr. Swinney and reminded him the school works for the community. The committee of citizens had set some goals and the school district is trying to achieve them. Mr. way will it's McDonald observed the neighborhood schoools are to go. In regard to vandalism, it's our children be going there, so if there's a problem with it, our children that are doing it. the that then Mr. Potempa asked if this item will be on next week's agenda for a vote and was told by Mayor Baldwin the final vote will be next week. Mr. Sweatt reminded everyone this is a request for a Specific Use Permit and only one action is required. The other Councilmembers indicated they were ready for this item to be on next Tuesday night's agenda for action. Council took a short break at this time and moved to the conference room for the remainder of the meeting. f/t;f #3 Discuss GVEC report regarding rate deregulation election by GVEC membership. Mr. Sweatt informed Council there is a letter in their packets from GVEC asking to be placed on next week's agenda to discuss publicly a report regarding rate deregulation. They would like to use the Council meeting as a forum. No action is required. Mr. Swinney voiced the op~n~on this is the best thing that could ever happen. The election can't take place soon enough. Mr. Greenwald wondered who has the oversight and Mr. Swinney replied the elected GVEC Board of Directors. He'll take his chances with local directors anytime over a State appointed agency. Mr. Greenwald felt local directors don't have enough expertise or time to study a rate increase. Council agreed they were ready for this item to be included on next Tuesday night's agenda. #4 Discuss final reading of an ordinance revising the Code of Ordinances regarding Stop Intersections and Four-Way Stops. Mr. Sweatt noted this is a final reading of the ordinance for four-way stops at Woodland Oaks Drive and Kline Circle and at Dimrock and Kline Circle. It came about as the result of a request from the Woodland Oaks Homeowners Association. The Public Works Department and the Police Department have reviewed it and concur with the recommendation. Council indicated they were ready for this item to be included on next Tuesday night's agenda. #5 Discuss final reading of a revision to Chapter 5 of the City Code relating to building, plumbing, electrical, mechanical, unsafe buildings, one and two family dwellings and amusement device codes. Mr. Sweatt advised this is the proposed second and final reading of an ordinance that will revise Chapter 5 of the current City Code of Ordinances. It will update all those codes mentioned on the agenda by adopting the most recent version of the southern national codes that relate to each of those areas. After a brief discussion, Council was ready for this item to be included on next Tuesday night's agenda. #6 Discuss final reading of an amendment to the Zoning Ordinance regarding the Board of Adjustment. Mr. Sweatt reminded Council that a revision to the Zoning Ordinance establishing a Board of Adjustment was adopted some time ago. Because of difficulty in getting a quorum ~s- together, the City finds it necessary to provide for two alternates. They will leave the membership of the BOA at five members, but will simply appoint two alternates to be on call in case they are needed. The BOA will be encouraged to have the alternates draw for staggered terms and try to make sure the same alternate not be asked to serve every time. Mr. Potempa had volunteered at a previous meeting to serve on the BOA. Mr. Sawyer recommended that James Harris fill the second slot. Council thought that was a good idea. After being asked by Mayor Baldwin, Council affirmed their readiness for this item to be placed on next Tuesday night's agenda. #7 Discuss public hearing on the budget and the ordinance approving the budget. Mr. Sweatt reviewed the fact that a series of workshops have been held on the recommended budget. Under the terms of the City Charter, it would be appropriate for City Council to consider, at the September 19, 1995 meeting, an ordinance adopting the budget and adopting the tax rate. Because of the timing, it has traditionally been handled on an emergency basis. The ordinance adopting the budget calls for a total operating budget of $6,117,866. Included in Council's packets are a number of graphs and charts to be used at the public hearing. Council was prepared for these items to be included on next Tuesday night's agenda. Mr. Potempa asked if there are some new pay charts and new organizational charts available. Mr. Sweatt replied he had not done them yet, but can get copies if Mr. Potempa needs them. They are usually included in the bound copy of the budget once it is adopted. #8 Discuss ordinance adopting the tax rate. Mr. Sweatt commented there are charts Council's packets regarding the tax rate. to be set at $0.4072 per $100 evaluation. equivalent to approximately $32,500. and It is One graphs in proposed cent is There being no questions, Council was ready for this item to be included on next Tuesday night's agenda. \ #9 Discuss ordinance regarding regulation of hand guns at specific City-owned properties. Mr. Sweatt reminded Council there is a proposed ordinance included in their packets which has been reviewed by the City Attorney. The Legislature recently approved the f/tJ.h licensing and carrying of concealed hand guns under certain circumstances. That legislation further empowers cities and others to enact rules and regulations regarding the carrying of concealed hand guns and to provide for enforcement of such rules and regulations. It is recommended City Council consider passing an ordinance that would regulate and prevent, or limit persons from carrying concealed hand guns on City property, including City-owned property, operated and maintained buildings and easements, and parking areas and other properties of the City, but specifically not applying to public parks or public streets. This would exempt members of our own police service as well as other local, State or Federal law enforcement officers. Mr. Potempa, asking if he understands this correctly, wanted to know if this ordinance allows people to carry hand guns in the City park. Mr. Sweatt replied that's correct. This ordinance does not deal with public parks. The Attorney General has issued an opinion which states that under his reading of the legislation, the City is prohibited from regulating the carrying of hand guns in city parks. However in the same breath, the Attorney General appeared to endorse that counties could regulate and prohibit the carrying of hand guns in county parks. Mr. Sweatt commented the City Attorney and he agree that makes no sense, but that's what the Attorney General said. Mr. Potempa asked if the new law doesn't prohibit people from carrying weapons where alcohol is served. Mr. Sweatt admitted that's a good point because the park carries a picnic license and they mayor may not be able to apply that rule under the TABC (Texas Alcoholic Beverage Commission) as opposed to a City ordinance. Mr. Sawyer to clarify an opinion. tested. wondered if the Attorney General has been asked the new law. Mr. Sweatt replied he has issued Of course, it is only an opinion until it's Mayor Baldwin wanted to know what would keep the City from including the City park in their ordinance and letting someone challenge them. Mr. Sweatt answered we would run the risk of immediately amending an ordinance we were advised was legal. Mayor Baldwin then added he can't imagine allowing guns in the park during the 4th of July Jubilee or the Firemen's Supper. Mr. Sawyer thought not having guns in the park is a matter of public safety, Mr. Potempa was very concerned about it, and Mr. Swinney said he was having a hard time swallowing this ordinance. Mayor Baldwin recalled there was a time when every attorney felt any city which adopted a curfew ordinance would be challenged in court. Now almost every city in the State of Texas has a curfew. 7417 Mr. Sawyer noted it sounds like there are at least three of the Councilmembers who feel a ban on carrying guns in the City park should be included in the ordinance. After a brief discussion, the consensus of Council was that for purposes of safety and welfare, a ban on carrying guns in the park should be included in the ordinance. #10 Discuss health and life insurance proposals. Mr. Sweatt advised the City provides hospitalization and life insurance to employees and also an opportunity through group purchase for those employees to purchase coverage for a spouse and/or dependents. Based on current circumstances with our carrier, we solicited proposals for the fiscal year beginning in October. As a result of a number of factors, we had only two standing proposals - one from Humana and one from PCA. Mr. Bob Feike, our broker and representative, is here tonight to help answer questions. In reviewing both proposals, it was the City's finding that with a modification in the co-pay arrangement we could accomplish continued coverage with Humana at a minimal increase (approximately 1.67%). For those who choose a PPO versus an HMO, the employee pays the difference in the cost and the increase is of a similar percentage. Mr. Sweatt mentioned Humana has served the City well and he feels the employees have been satisfied. The City feels holding the cost down by increasing the co-pay makes sense. Re-enrollment will be necessary, but certainly less disruptive than changing providers. It is recommended Humana be awarded renewal of the coverage for medical and life insurance. Mr. Potempa asked if the new increase is in the budget and Mr. Sweatt replied it is. Mr. Feike reported they had losses this year, but maybe next year will be better. Mr. Swinney, noting he had been involved in the insurance business for 15 years, said considering the situation with some of the City's employees, they're very fortunate to have this medical coverage in place. Humana has done a great job in keeping the cost as low as it is. Mr. Swinney expressed concern, however, about the life insurance. Is $10,000 that effective? Anyone who has that as their sole coverage is grossly underinsured. If they have a lot more coverage, that means they can get it elsewhere. If you're a non-smoker up to about age 45 to 50, you can get the rate per thousand a lot cheaper on your own. Mr. Feike acknowledged that's true on an individual basis, but unfortunately the City has some people who can't get it at any rate on the outside. So they give the City a ~or composite rate, taking in all the risk factors combined. The age factor of the City is a little higher than the norm and there are pre-existing conditions. Mr. Feike went on to say even though it's only $10,000, due to the fact the TMRS (Texas Municipal Retirement System) pays one time your annual salary in an additional death benefit, it helps. In a group situation, they take in all the negative factors to come up with a positive rate. Mr. Swinney then wondered if it's City to even have life insurance program offers one time your annual death benefit. cost effective for the since the retirement salary as an additional Mr. Swinney mentioned one idea is going to a higher bracket and asked if the City gets any breaks for that. Mr. Feike answered they can go $15,000, $20,000 and $25,000 to reduce the cost per thousand rate, but right now because of the situation, that option is not available. It's something to consider next year. Mr. Feike also pointed out that in 99.9% of group medical bids, they don't sell the group medical without the life insurance. It's not an option, it's a requirement. You would be limiting yourself to about two companies. Mr. Swinney asked if that's the case with Humana. Mr. Feike replied not at this time, but Humana has purchased a major life insurance company. Mr. Swinney stressed he thinks the City needs to look at this closer when it becomes available again. There was a brief discussion about possible future options. Mr. Swinney, saying we're being judged now as one entity, asked if there's any chance of belonging to a pool of cities. Mr. Sweatt replied the City had looked into that possibility through TML (Texas Municipal League), but the rates were considerably higher. There was further discussion on other type pools and on supplemental life insurance. Mr. Swinney commended Mr. Feike on a job well done. Council indicated they were ready for this item to be placed on next Tuesday night's agenda. 111 Discuss and review Vision, Mission and statements. Value Mr. Sweatt reminded Council that some time ago these statements were brought before them in an effort to articulate organizational vision, mission and value statements for the City. The statements were reviewed by other Boards and Commissions of the City and their input was duly noted. This is the result. If Council concurs, ~1 it is asked they consider adopting the statements. Mr. Swinney, indicating he likes the statements, asked where we would place them. On letterhead? Mr. Sweatt answered not on letterhead, but here in the building where everyone can see them. Mr. McDonald urged the City to go forward with the statements and Council agreed this item should be placed on next Tuesday night's agenda. #12 CITY MANAGER'S REPORT: Reminded everyone of the upcoming Business Appreciation dinner on September 21st at the VFW. Social hour begins at 6:00 p.m. and dinner will be served at 7:15 p.m. It is sponsored by the City of Schertz Economic Development Department. Part of the program will be a speech by the Assistant Director of the Texas Department of Commerce. Mr. Sawyer noticed that in the package was a memo from the City Manager about the Guadalupe County Appraisal District and the fact we have 195 votes. How many votes does it take to put someone on the Board? Mr. Sweatt replied it has been their experience in the past that as little as 1200 votes is needed. Mayor Baldwin added that normally 1,000 votes guarantees a place on the Board. The Mayor then said they usually ask for nominees, so we need to decide if we want to back a particular person. Mr. Sweatt commented he thinks they're asking us to nominate someone by resolution. Mr. Sawyer thought it would be nice if we had a volunteer. We need to find out if anyone is interested and combine our votes with the school and other entities. Mayor Baldwin stressed that if we back someone, we need to have a recommendation by Tuesday's meeting. Mr. Sweatt remarked we need to have our recommendation to the Appraisal District by October 16th, so his suggestion is to place this item on the next workshop agenda. Council agreed. There was a brief discussion about who they should support. #13 ITEMS BY COUNCIL: Mr. Swinney: A. Reported he attended a meeting of the Lone Oak Homeowners Association and they have a big concern about graffiti. He told them the most dangerous city in the world is one that passes an ordinance for every incident that happens and we don't want to be that kind of city. They voted against any kind of ordinance on graffiti, but did corne up with some ideas on how to get it cleaned up. Mr. Teen there Sawyer asked if we didn't have teenagers, through the Court, cleaning up graffiti. Mr. Sweatt replied had been a couple of times, in those instances where fl/eJ the property not only to service. owners gave their permission. This applied teenagers, but to anyone doing community B. Commented, that at that same meeting, he floated a trial balloon regarding a future sales tax/public bond election. The general consensus was that as long as it's valid and the citizens have input, it will work. There was a lot of misconception the last time and we can learn from that. Mr. Potempa: A. Related they finally had a TIF (Tax Increment Financing) meeting Monday night and the committee adopted a resolution supporting City Council in regard to GVEC's location of a main transmission line. They don't want poles along Schertz Parkway and will hold GVEC to their commitment to come back and remove the poles once the area is developed. B. Asked how many people were notified about the grand opening of Bill Miller's B-B-Q, because he wasn't. Mr. Sweatt told Mr. Potempa he had left him a message on his answering machine about it, but never received a reply. Mr. Potempa said he did not receive the message. Mr. Potempa mentioned he's bringing it up because we have the grand opening of Denny's coming up and they give out baseball cards when you purchase a gr~nd slam, so be sure to notify him of when it is. Mr. SawYer: A. Noticed along the road going into Grove Mobile Home Park (between the VFW and Jim's the grass needs to be mowed. Can we send them a letter? Pecan Video) grass B. Related there's what looks like some abandoned trailers down where the drive-in theater used to be and lots of graffiti on the back of the VFW. It appears to be the symbol of a gang called the Latin Kings, so maybe the Police Department should be aware they may be moving into our area. Mr. Sawyer asked that the inspectors check out the abandoned trailers. C. Noted that at the corner of Curtiss and Randolph where the ADA work is being done, the contractors damaged a retaining wall and they should repair it. Mr. Sweatt promised to check into it. Along that line, Mayor Baldwin asked if they are going to cut curbs on Main Street and Mr. Sweatt replied yes they are. Mr. Greenwald: A. Mentioned that at the last two meetings they have heard comments about the low water pressure in Savannah Square. Mr. Sweatt remarked they have checked it out and have never had lower than 35 psi and 35 to 40 is normal. Mr. Sawyer asked ff it's looped into Schertz Parkway and Mr. Sweatt replied no, it is a single feed, but he will have it checked out. "'7// B. Revealed that since FM 3009 is opened up, he is receiving calls asking about when traffic lights will be installed. C. Declared that if all goes well, the Council should be receiving a draft of the UDC (United Development Code) by next week. #14 ITEMS BY MAYOR: There were none. #15 ADJOURNMENT: On a motion by Mr. seconded by Mr. Swinney and unanimously meeting was adjourned at 9:15 p.m. Potempa carried, and the 7L~~ Mayor, City of Schertz, Texas ATTEST: ~ ~~<VZ~ City Secretary, City of Schertz