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ccswks 07-13-1994 194 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 --// 195 #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. J 98 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, ---~' L99 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 ~' 201 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