ccswks 07-13-1994
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SPECIAL MEETING OF THE CITY COUNCIL
JULY 13, 1 994
The Schertz City Council convened in Special Workshop
Session Wednesday July 13, 1994 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, presidingj Charles McDonaldj
Joe Potempa; Barbara Stanhopej Mary Marsh and Ken
Greenwald. Staff present were City Manager Kerry Sweatt and
City Secretary June Krause.
*1 HEARING OF RESIDENTS: A. Annie Almond presented
Council with honors our City parade float has won recently.
A first place trophy from the Boerne Berges Festj second
place ribbon from the Luling Watermelon Thump and a second
place ribbon from the Lampasas Spring Ho, included was a $10
check.
B. George Mower (1) addressed Council concerning Hub Caps.
As a tax payer, he felt the hub caps should be removed from
all new vehicles, especially police cars, wrapped and sold
at the next City auction.
(2) the Mayor had given him some tax tables on 405 selected
cities and we were listed as number 312. On the list, he
noticed that several cities had a category listed as
"other". He wondered if this could possibly be all the
utilities that he pays taxes on.
Mayor Baldwin and Mr. Sweatt explained that this would
include things such as MUD Districts, Fire Districts, etc.
and that these figures only reflect the ad valorem taxes,
not the sales tax on his utility bills.
C. Richard Hammel was concerned about the water billino and
the rates charged people in the City's extra territorial
jurisdiction. He had checked with several other cities and
found that some were completely separate from the city.
Since the customers outside the city pay more for water, he
felt the city was taxino them this way as they don't pay ad
valorem taxes. He wanted to know why should he be singled
out to pay these rates from a utility that was not suppose
to make money. He wanted to know if the utility was
designed to make money or to provide a service.
Mr. Sweatt advised that there is a different rate for those
living outside our city and the City is in the business of
serving water.
Mr. Hammel then asked if the City would provide
the per gallon rate of all customers in the City.
that he would like to talk with Mr. Sweatt to
method of arriving at the rates.
him with
He added
see the
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#2 Discuss BOA hearing on a request by Christie Olde
for a 9' rear yard setback Special Exception to the Zoning
Ordinance to allow her to cover her patio.
Mr. Sweatt reminded that this
next meeting of the Council.
property owners within 300'
being returned - three for and
granted. Planning & Zoning
approval of this request.
hearing is scheduled for the
Notices were mailed to all
of this property, with four
one against the request being
Commission has recommended
From Council questions, it was determined that there
utility in this easement and the slab is already in
Mr. Sweatt added that this will probably be the last
action of the Council sitting as the BOA.
is no
place.
formal
#3 Discuss Council hearing on a request by Everado and
Sylvia Guzman for a Specific Use Permit to allow them to
temporarily place a modular home behind their business on
Schertz Parkway.
Mr. Sweatt announced that this hearing would also be on the
next agenda and has been properly advertised. Fifteen
letters were sent to property owners within 200' of this
property, with five being returned - 2 against, 2 for and
one for but with a limit of one year. P&Z heard the request
for this Specific Use Permit to allow them to place a double
wide modular home on the rear of the lot which faces Beck
Street. They would live there and operate their business
and within two to three years build their home on the Beck
Street lot. P&Z has recommended disapproval and the
applicant has appealed to the Council for the SpeCific Use
Permit.
Mr. Greenwald advised that this couple owns the business
Wheels and Deals, located on Schertz Parkway, and want to
place the modular home on the L-shaped lot until they can
build.
Councilmembers discussed the size of the L-shaped lot,
finding it large enough for the purpose; the placement of
the modular home on the lot and placement of the home to be
built. Mr. Sweatt reminded them that the couple would have
to come back to get all the permits before building and that
would be determined then. Also the Guzmans will be at the
public hearing to answer any further questions.
One of the questions was why was Beck
zoned Neighborhood Services rather then
Greenwald said it probably was because of
across the street and the transporting of
Street originally
residential. Mr.
the railroad track
chemicals, etc.
#4 Discuss Texas Department of Transportation request
for City's participation in the cost of revision to the FM
3009 project.
196
Before Mr. Sweatt introduced Edward Stephens, the TxDOT
Area Engineer, he wanted to correct some previous
information given to Council. The basic information
described the cost of the Southwestern Bell relocating a
junction box was $2,000. With the new date, this will cost
approximately $8,180.
Mr. Stephens said he was present to solicit assistance on
the FM 3009 project. He said there were two thinqs he
wanted to discuss. The first would be financial help with
the riprap. They will put up a wall between Webster and
Will Roqers and it will have steep slopes that will probably
cause erosion problems so it will have to be riprapped. The
wall will be about seven feet off the right of way and
fifteen feet high and will cost approximately $90,000. They
are asking the City to subsidize 50% of this cost, or
$45,000. The purpose of the riprap is to keep erosion down
and not to undermine the wall. The pavement in back of the
garden homes is actually two feet inside their riqht of way;
and from the right of way to the wall will be seven feet.
The city of Schertz has a water line four feet from the
right of way. TxDOT originally wanted to put the wall on
the other side of the water line.
Mr. Sweatt intervened to say that if that had occurred, it
would have necessitated our moving our water line, which
would have cost about $130,000.
Mr. Stephens said their drill shaft for the foundation to
hold up the wall will be 24 inches; and the water line
would be two feet from the outside edge of the drill shaft
and four feet from the edge of the right of way. He went on
to say they propose to put a wall on both sides of FM 3009.
They did not have too many complications on the east side.
It was on the west side where they had to consider the water
line and a Valero gas line. The wall will average fifteen
feet high from the edge of the pavementj and because of the
elevation of the road way, the wall could be seventeen feet
high at some points. It is a very massive piece of
structure, twelve to eiqhteen inches thick. On the west
side it will start approximately sixty feet from Webster
Drive and go north to approximately twenty to thirty feet
south of Will Rogers. Then from Will Rogers to Patrick
Henry where there is a utility easement. They would have to
leave an opening for this easement, which would cause a
problem with the total effectiveness of the wall.
Mr. Sweatt added that this is a utility easement that is
enjoyed by GVEC, Southwestern Bell and Paragon Cable. GVEC
has declined to relinquish that part of the easement so that
the wall might be continued through there. Southwestern
Bell and Paragon have indicated that they would be willing
to forgo or work with them.
L9/
Mr. Stephens said the second thing they wanted to discuss
with Council was the connector box tying in the utility on
this project. He said this box is about three foot tall.
They looked at putting a door in the wall for access to this
box but that would cause a weak spot; and in case of an
accident, could cause liability to both TxDOT and the City.
The cost for this relocation is $8,180.
Mr. Stephens ended by saying the pavement cost are $300,000
to lower the roadway and they only had $1,300,000 for the
entire project. The Federal Government indicated they are
not as willing to participate in pavement reductionj but
could participate in the wall. Anything the Council could
do to subsidize the project would be greatly appreciated.
Mr. Greenwald was concerned for employee safety when
working on our water line. There could be a leak for weeks
before we detected it and that could undermine the wall.
Mr. Stephens said the foundation would go down eighteen
inches and he did not feel it would be a problem.
Mr. Greenwald reminded them of their request originally for
us to move a water line, which we did at a cost of $176,500
since we did not have time to.do it in house. Then later
TxDOT said they did not need it moved for three or four
months.
Mrs. Marsh added the whole thing has come about because of
their original design deficiency and we have spent a lot of
money we did not need to.
Councilmembers agreed the City has cooperated in every way
possible, with Mr. Greenwald adding that TxDOT are now in
design for FM 78 and we are scared.
Mr. Stephens related they have run into problems at FM 3009
and FM 78 and will be coming back to Council because there
are utility adjustments that will have to be made. They
want to take some money from their project east of FM 3009
and put it in this project rather than from the 1997 funds.
Mr. Sweatt advised this is just for discussion tonight and
for Mr. Stephens to present the information. He added he
and Mr. Stephens would talk with Southwestern Bell to see
if they will have to oversize the box at this time. Mr.
Sweatt also advised that starting the morning of the 18th,
that section of FM 3009 from Elbel Road to FM 78 would be
closed so they could do some work on the intersection of FM
3009 and FM 78.
Mayor Baldwin told Mr. Stephens Council appreciated his
presentation and said they did not want him to go away mad
but Council has really been frustrated on this project. The
general consensus of Council was not to go with any
financial aid.
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fl.5 Discuss first consideration
creatinq a Board of Adjustment.
of an
ordinance
Mr. Sweatt related that in accordance with the recent
Charter Amendment election, the Council may create a Board
of Adjustments. -We are amendinq the Zoninq Ordinance to
establish a Board of Adjustment to be appointed by the City
Council, and we have restructured some wordinq and prepared
an ordinance for consideration. The only difference is that
traditionally we have asked that BOA matters be reviewed by
Planning & Zoninq. We believe it is quite appropriate that
the BOA requests would pass throuqh P&Z, then on to the
Board of Adjustment for action. He then pointed out that
any appeals from the BOA go directly to the District Court.
The ordinance suqgests that when Council appoints the
five members to two year terms, they initially ask the
members to draw for one or two year terms so that they would
not all qo off at one time. Mr. Sweatt had a list of
people who have volunteered for P&Z and had other names who
have evidenced an interest in volunteerinq.
Mayor Baldwin suqqested that Council members review
the list and decide on the appointments.
fl.6 Discuss investment policy.
Mr. Sweatt said we are anticipatinq in the very near
future the solicitation of new proposals for Depository
Banking Agreements. We have, in the past, used our
depository aqreement as our investment policy and quide.
With what we anticipate occurrinq with our new proposals
with provisions that will allow investments outside of the
depository aqreement, we believe it is appropriate to
develop a policy outlininq how investments are made. We
have provided a draft of a policy in keepinq with state law
and qood conservative approach to investments funds. The
particular objectives, safequards and authorized investments
are more conservative than are allowed under the Texas
Government Code. We have reviewed this with both our fiscal
guidelines, our city attorney and believe these represent
very qood conservative approach to handling qovernment funds
and recommend to adopt this policy. There are two
intergovernmental programs that we plan to use, those are
the Texpool and Lone Star.
Mayor Baldwin said that one of the
government entity must have is some kind
policy, in this day and time.
thinqs every
of investment
fl.7 Discuss future public forum meetinqs.
Mayor Baldwin asked that this be placed on the aqenda
to open up discussion by the Council on holdinq some type of
public forum or public meetinq to allow the public to come
in and unload problems, recommendations, suqqestions,
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criticism or whatever. It should be controlled with some
time limits. This item was in the last newsletter because
he felt it important to try every way possible to give
residents an opportunity to be heard.
Mr. McDonald agreed with the idea and suggested they
be held once or twice a year. He had experienced this type
meeting in the past and found they had a lot of good things
came from the people.
Mr. Potempa agreed, saying he had experienced the
same thing in his career and he felt we could learn a lot
from meetings of this type.
Mrs. Marsh also agreed it is a good thing; however
she questioned the value of it in a governmental situation.
She saw it as nothing more than an opportunity for people to
vent their fury and did not feel Council should open
themselves up to that. She realized it is hard to get
people to come to Council meetings but just because they do
not come, is not a bad sign. It could be because things are
going well. She suggested the meeting be called a town
meeting or a Mayor's Forum.
Mrs. Stanhope suggested that there would have to be
ground rules.
Mayor Baldwin said he would draft up a recommendation
format, working with Mr. Sweatt. He said he had no problem
with calling it a Mayor's forum. He said he did not want to
be in a situation where he would have to give answers at the
meeting but take notes and get back to the people. He did
not want to second guess the Council.
#8 Consider and take action regarding City Manager
evaluation results.
Mayor Baldwin advised that Council had completed the
evaluation of the City Manager, Kerry Sweatt, and based on
the clearly outstanding service to the City of Schertz, they
have authorized an increase in salary effective July 15,
1994.
Mrs. Marsh
salary by $633.33
Stanhope seconded
following vote:
moved to increase the City Manager's
per month, effective July 15, 1994. Mrs.
the motion, which carried with the
AYES: Councilmembers McDonald, Potempa, Stanhope, Marsh
and Greenwald.
NAYS: None
Mr. Sweatt expressed his sincere appreciation, not
only for the increase but more particularly for the support
and confidence Council had shown.
2UU
#9 CITY MANAGER'S REPORT: A. On July 18th through
the 20th, FM 3009 will be closed from Elbel Road to FM 78
for work by the Texas Department of Transportation. Signs
were put up in advance notifying the public of this closure
and we will be placing it on our night telephone message.
B. He attended a meeting regarding Paragon Cable
rates effective July 15th, there will be changes. The base
rate is going down and the premium channels are being
increased, as well as other things. There should be a
mailout in the customer's billing and we will keep Council
advised as we receive additional information.
C. Planning Commission last night heard a preliminary
report on a subdivision that will straddle Schertz Parkway,
both on the east and west side. Long term, could be as many
as 500 lots. Rayco has announced plans and in the process
of purchasing the land and are in the stage of preliminary
platting.
#10 ITEMS BY COUNCIL: ~rs. Marsh announced that the
Jubilee was a great success.
Mr. Potemoa advised that Mr. Harris called and said that
after all the consideration of providing packets for the
public, this month he had to go out of townj but he really
appreciated the effort on the part of the Council.
Mrs. Stanhooe attended the Humane Society meeting and one
item discussed was the cat house. Because of their
non-profit status, there is just no feasible way they can
take the property on FM 1518, also because of liability
insurance. They still want the house moved to the new
Animal Shelter on the back of the property to be used for
storage. They said they would paint it or do whatever the
City wanted in order to have it moved over there. She
suggested there be a meeting between Mr. Sweatt, John
Bierschwale and probably the Council. Part of the problem
is lack of communication over the years. Another thing they
brought up is that they are ready and have everything in
place for the neutering program. Since we have to have this
in place by 1995, they are ready and are waiting for the
City's part.
Mr. Sweatt said we need to have an ordinance. The Public
Works Department and Animal Control has been working on the
revisions to the ordinance. We were not aware that the
Humane Society was ready for the neutering program so
perhaps we should go ahead and pass that ordinance while we
are still working on the revisions to the other ordinance.
Mr. McDonald said he would like to meet with Mr.
for him to explain the water rates.
Sweatt
Mr. Greenwald:
night was the
A. One of the items at P&Z the previous
preliminary plat for American Freightways
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Terminal on FM 3009.
B. Just for information, Randolph Flight line maintenance
will not go out for bids but will be civil service now.
C. He and John Bierschwale attended the Canyon Regional
meeting and the plant is up and running manually they
don't have the computers working. They did run some tests
and Green Valley Water is ready to connect, with Spring Hill
System on line by Friday.
#11 ITEMS
the last member
reminded him he
Housing Authority
BY MAYOR: Mayor Baldwin said he swore in
at the Housing Authority meeting and they
had not appointed a representative to the
Board.
#12 ADJOURNMENT:
meeting was declared
Baldwin.
There being no further business, the
adjourned at 9:19 p.m. by Mayor
Mayor, City of Schertz, Texas
ATTEST:
City Secretary, City of Schertz