ccswks 10-31-1990
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SPECIAL MEETING OF THE CITY COUNCIL
OCTOBER 31, 1990
The Schertz City Council convened in Special Workshop Session
Wednesday, October 31, 1990 at 7:00 p.m. in the Conference Room
of the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas.
The followinq members were present: Mayor Earl W. Sawyer,
presidingi Joe Potempai Hal Baldwin: Barbara Stanhopei Mary Marsh
and Ken Greenwald. Staff present were City Manager Kerry R.
Sweatt and City Secretary June G. Krause.
# 1 HEARIIIG OF RESIDEllTS: A. Mrs. Tereletsky gave a
presentation on Operation Halo - "Help a Loved One". They have
set up collection point to collect donation for our women and
men in Saudi Arabia in support of Operation Desert Shield. She
gave handouts giving details of the operation, giving suggestions
for acceptable items for donation, contact people, etc. Mrs.
Tereletsky also said they are wanting volunteers to help pack for
this project and monetary donations for postage. This will be
carr ied through January - it is not just a Christmas project.
This is a state-wide project.
Mr. Sweatt asked Mrs. Tereletsky if she would write a short
article for the newsletter.
B. Mr. Hugo Ackermann addressed Council, sayinq he has lived in
the area since 1925 and owns property on Mitchell and Lee
Streets. He said he feels he is being discriminated against by
the Inspection or Code Enforcement Department. He said he had
moved the vehicles as was requested but now he is being harassed
again. He has a vehicle that has current license and inspection
sticker but he does not drive it every day. He received a letter
from the City saying he had to move this piece of junk within ten
days or the City would move it for him and he would be fined $250
and he did not understand it. He said he had told his wife that
if these inspectors came up to the house, they did not have any
right to go on his property. When the inspectors went to the
Ackermann house, they did not introduce themselves. The only way
his wife knew they were inspectors is that she noticed the sign
on the vehicle they were driving. He said he had had a meeting
with Mr. Sweatt and one of the inspectors. Mr. Ackermann
considered the inspectors to be highly unprofessional. He also
said that there are still several vehicles, with no license or
inspection sticker, that are still sitting in the streetsi and he
is being harassed. He also said that, at night, the police
vehicle will come up in front of you with their lights on bright
and you can not see anything. He asked why they do this. He
also mentioned the City allowing children to play in the streets
and a City vehicle parking on the wrong side of the street and
then pulling out right in front of him. Mr. Ackermann also
mentioned the City park and children playing in the street there,
kicking rocks around. He said he would appreciate it if Mr.
Sweatt, who he thought was more or less in charge, would
straighten all these people out - he said let's get professional.
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He said he would appreciate a letter of apology from the City
Inspector and whoever wrote his ticket up, because it was not his
fault his vehicle was not registered with the state - he had his
receipts. He said he and Mr. Baldwin drove around and saw 28 or
29 vehicles parked but not all of them were in violation.
Mr. Sweatt said he did not believe our inspector owes Mr.
Ackermann any further apology. We did apologize for any
inconvenience but it was not the City of Schertz mistake that
resul ted in the notice going to him regarding his vehicle. The
State of Texas reported his vehicle had not been licensed since
1989. He said that is all we can go by. Mr. Sweatt said that
even if it was licensed, when the notice went out in october of
1990, the license had expired.
Mayor Sawyer said maybe Council needs to look at our ordinance.
He added that any enforcement officer has the right to look where
he feels the law is being broken. They should have entry onto
the property.
Mrs. Stanhope added that if they want to go on the property, they
should introduce themselves and say what they want to do.
Mr. Baldwin asked if they felt they had cause to run that license
plate. Mr. Sweatt said yes, the vehicle was parked in the
carport backwards and they were not allowed on the property to
see if it had a valid license plate. If the vehicle is in public
view and does not have current registration, it is termed junked
by the terms of our ordinance.
Mayor Sawyer told Mr. Ackermann that we do try to keep the kids
out of the streets.
#2 Mr. Dale Stein to discuss Texas Department of Highways
and Public Transportation projects.
Mayor Sawyer said we asked Mr. Stein to come to this meeting when
we found out that they were not going to start on the FM 3009
project until 1992. We have expended funds for this project and
now find it will not be started.
Mr. Stein said to begin with that if he had his way, they would
be starting the FM 3009 project just as soon as the city obtained
the right of way. He gave a little background on this project,
saying that in February 1988 they were given approval to go ahead
with the right-of-way acquisition and following that,
construction of the project. In November last year, they did
finish the right-of-way map and all the deeds were approved from
Austin. In December, they gave those deeds and map to Mr. Sweatt
and during the last ten months his staff has been working on
acquiring that right-of-way. At present, he believed that four
of the sixteen parcels have been closed and about eleven more
have agreed to the offer the City made them but have not closed
yet. There is the possibility of only one that may have to go to
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condemnation. He said he felt the City staff has done an
outstanding job on acquiring this right-of-way in this short of
time. He said the Highway Department has already completed the
cross-sections for the project, have given copies to the utility
companies, basically the City, and consulting engineers are
looking at those now. The hydraulics, of the three major bridges
of the project, is complete i however when they were sent to
Austin for review, the engineer reviewing them noticed that all
three are within a FEEMA floodway. The FEEMA Floodway map
designates all floodway (stream) areas. Cities or counties have
requested FEEMA to designate these areas as floodways, which
would prevent any construction wi thin that area. The reason
being, they are trying to protect an area upstream or somewhere
close to the stream from being flooded. This prohibition
includes bridges. He said the State has to abide by those
guidelines set up by FEEMA. Any existing structure can remain
but any thing such as widening or replacing them, would have to
stay out of the floodway - meaning they would have to span the
entire floodway. Mr. Stein said they were planning to build a
fifty-year storm frequency bridge on this project but now they
will have to span the whole thing, making the structures
approximatel y twice what they had planned. He said that Steve
Simonson and Ed Ford two years ago had requested new FEEMA
floodway maps. He said all the drainage projects the City has
been working on the last two years has drastically changed the
hydrology within the city. FEEMA was provided all this
information and requested to update their maps. The maps came
out about two months ago and were reviewed by both Mr. Simonson
and Mr. Ford. It seems FEEMA has totally disregarded all the
information that was sent to them. Mr. Simonson and Mr. Ford are
now working with FEEMA requiring them to go back and change them.
Mr. Stein said this is not just a problem with FM 3009, he has
three other projects with the same problems. He said they
usually wait until at least fifty percent of the right-of-way has
been acquired before they start their detailed plan work. He
said they have planned to start that shortly after the first of
the year. They anticipate the plans to be finished sometime this
summer, which would have fit into the original schedule. He said
that up until about two months ago everything was on schedule.
At that time, the State came up with a very large cash flow
problem. He said it was evident that they would not have enough
cash on hand or income to construct all the projects they had
scheduled. He added that two years ago they projected the
Highway Department would be letting two billion dollars worth of
construction State wide. Last year they were only able to let
1.4 billion. He then showed on a chart where their income comes
from and how it is spent.
Mrs. Marsh asked if they had a priority list when they found out
they would be short of funds.
Mr. Stein said they did not theni but they do now as of three
months ago but Schertz is not in the priority list because the
ninety-six million dollars the district had to spend would not
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permit it. He said that in the San Antonio District, which
incl udes Schertz, there are sixteen counties. Mr. Stein said
that unfortunately two years ago there were some commitments made
by Mr. Lockhart, District Engineer, to the City of San Antonio
for two projects: the downtown Y project - Interstate 10 at 35 _
and Fiesta San Antonio. He said the priorities were set by the
District Engineer and his staff and recommendations from his
Regional Engineers. Until September 1991, FM 3009 will not be
included.
Mrs. Marsh said this City went out on a limb with Certificates of
Obligation to buy that right-of-way to get the project started in
1991 as we were promised.
Mr. Stein said he needed some help from Council. He said the
Federal Government has four to five million dollars of our money
that they are holding on to, to offset the deficit. He said
Council needs to let their legislators know that any roadway user
fees needs to be designated for roadway use only.
Mr. Sweatt said that yes, the 1991 budget is committedi however
there are people who can make a change - the Highway Commission.
Mr. Stein said he was not sure they would interfere in a
District's priority.
Mrs. Stanhope asked what is the bottom dollar on our project.
Mr. Stein said it was 3.5 million dollars. He said that now
before a project is let, the Department will take that money and
put it into a fund so that project will be 100% funded and money
will be available 100% of the time during that project. He said
they do not want to get half way into a project and get into a
fund crunch. He added that Mr. Lockhart is gOing to make number
one priorities next year where r iqht-of-way and util i ties are
clear and free. And he is putting projects, in which cities and
counties have acquired the right of way, on top priority. If
the right of way is acquired and utilities are clear and we have
the problems with FEEMA and their floodways worked out by
September 1, then he said he would imagine FM 3009 would have an
early 1992 letting date.
Mr. Sweatt asked about the Urban System project. Mr. Stein said
he had talked with Steve Simonson, who said the City would like
to go ahead with that section of Doerr Lane from the four-lane
curb up to the railroad track. He said at first they were a
little concerned about there being only one business on that road
and how much traffic would the road have. Steve had told him
that the business has been requesting the City do something with
that road for quite a number of years and they do have a number
of employees and truck traffic and shipments gOing in. Mr. Stein
said he has asked Steve to get him a letter from the business
stating that (1) they have been requesting it for quite a few
years and (2) giving the number of employees and shipments they
receive a day so that they can help justify that project.
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Mr. Sweatt asked if the Urban Systems money is gone also. Mr.
Stein said it is in the ninety-six million.
Mr. Baldwin asked the status of FM 78 from the Cibolo Creek to FM
3009.
Mr. Stein said that the first of the year he met with Universal
City, Schertz and Bexar County and everybody agreed on the
project and the portion they are responsible for. He said it
took a little more convincing to get Universal City to come up
wi th their part, but they did. The Publ ic Works Director in
Bexar County took the recommendation to the Bexar County
Commissioners and they agreed with the project and agreed to fund
it. Their portion is required because of the underpass from FM
78 to Aviation Boulevard. There is a portion of Rittimann
Addition in there that neither Universal City or Schertz has
annexedi but is still in the County. Mr. Stein said he has asked
the County to give us, in writing, their agreement to the project
and that they are willing to fund their portion. He has been
asking for this for six months and has not received it as yet.
He said the reason he needs that letter is that he has to submit
a schematic to the District for review and approval to be
submitted to Austin. He said he could not make that submission
unless he has something in writing on file of this agreement with
the County. He said they could not go any further until they get
that letter.
Mr. Sweatt said that based on everything being okay, what kind of
time frame could he put maps in our hands.
Mr. Stein said if they get the letter tomorrow, they would have
to have the schematic approved in Austin - then have to hold a
publ ic hearing, then they could begin the right-of-way map and
deeds. He said probably September or October of next year. He
said if he remembered right there were only about four to six
properties that would need to be acquired.
Mayor Sawyer thanked Mr. Stein for briefing Council on their
projects.
#3 Mrs. Anita Clark to provide a report on the Schertz
Business Club JUly 4th program and activities.
Mrs. Clark, in accordance with the contract between
Business Club regarding the 4th of July Jubilee,
their profit and loss statement, showing income of
expenses of $1044.79.
She said on August 8th they did a review of this year's Jubilee
and plan to make some changes. Some of those being: the need for
a PA system, covered area for the Arts and Crafts show, have the
Flag Ceremony at 12:00 noon with someone singing the Star
Spangled Banner, have a different type of carnival - more for
the City and
handed out
$1468.68 and
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teenagers, have tournaments during the evening of July 3rd
between the citizens of the local cities, have a Sweetheart
Pageant. Also the Business Club will no longer furnish cars for
the parade, except for the Grand Marshal.
Council felt these were all good ideas and thanked Mrs. Clark for
her continued interest.
#4 Discussion of P&Z recommended forms for Application of
Special Exception and Application for Specific Use Permits.
Mrs. Sweatt said the only addition or change to the forms
submitted was adding the requirement of a $50 filing fee to
number 1 on the Application for Special Exception form.
Mayor Sawyer received a concensus of Councilmembers for approval
of these forms recommended by Planning & Zoning.
#5 Discussion of Solid Waste Franchise/Contract.
Mr. Sweatt advised that he had submitted, in Council packets,
several documents. One is a proposed contract, the second is an
ordinance setting up solid waste Code requirements and the next
is an ordinance adopting a franchise. These are all necessary
in the order of things. The contract is proposed as an Interim
Contract and we will be recommending that at the November 6th
meeting. Because of the time frame involved between the
finalizing of our existing contract and the culmination of the
franchising process, it appears to us that it would be very
important for us to have this Interim Contract that would run
until the franchise process is completedi but in no case, further
than the end of March. We have not, in the past, franchised for
solid waste collection. We have revised the documents so that
the franchise is not exclusive i so that under some conditions,
other parties could appl y for a franchise. The ordinance will
say that Alamo Waste has been awarded a franchisei and what the
rates are and that these rates are subject to be changed by the
City Council from time to time by adopting new rates. It would
further provide that anyone could come forward and propose to
provide services that were either in conflict with the current
franchise or was supplemental to the franchise. It would be a
requirement that they I too, go through the City's franchising
process, paying the fee.
Our proposed time schedule is for the Interim Contract to be
placed on the November 6th agenda for action, then Council will
be asked to pass the ordinance on first reading and the third
action will be to consider the ordinance on the franchise. The
ordinance will be finalized on the 20th of November. The
franchise ordinance will not be considered again until the 18th
of December for the second reading. At that time, we must
publish the entire ordinance within fifteen days. Then it must
be published again the next week and the franchisee must accept
it in order for it to be effective. Further, the charter
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requires that the cost of the publication of franchises be borne
by the franchisee. The current contract is let to expire
November 30, 1990. The proposed contractor, Alamo Waste, will be
expected to begin service on the first day of December under the
interim contract.
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#6 Discussion of setting dates for Board of Adjustment
Hearinqs.
Mr. Sweatt said December 4th is the recommended date for the
Board of Adjustment Hearings on the requests by William C.
Giberson for a side yard setback and Mr. James C. Gibler for a
rear yard setback.
Council aqreed to the December 4th date.
#7 Discussion of proposed tower lease for antenna space by
Communications Professionals.
Mr. Sweatt said Communications Professionals has a client and
they would like to place their antenna on our tower. We propose
to lease space on our tower for a certain type of antenna and
they will pay us about $125 per month. We propose to wipe out
our liability with this proposed lease. The type of transmission
they propose will not conflict with our own frequencies.
#8 Discussion of bid recommendations from Water/Wastewater
Department on the followinq:
A. 1/2 Ton pickup
Mr. Sweatt advised that we budqeted $11,500 for the pickup and
the apparent low bid is $11,868. We do recommend award to San
Antonio Truck Sales of San Antonio to include the trade-in of the
1976 truck.
B. Backhoe/loader/tractor
Mr. Sweatt said we propose to fund this from the capitol recovery
fees. On the Schirmerville project, the CDBG project funds will
pay basically for the material. We have set up that project with
the City's share under the capital recovery. To do that project
we would be charqinq ourselves to lease a backhoe. The price of
$33,000 that we had budqeted for the expected lease will more
than pay the purchase price, so we are recommendinq the purchase,
in the amount of $28,353.68, from Case Power & Equipment of San
Antonio.
#9 EXECUTIVE SESSIOII: Mayor Sawyer called an executive
session under Article 6252-17, Section 2 (g) to discuss Personnel
at 9:04 p.m..
The Special Meeting was reconvened at 9:52 p.m.
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#10 Consider and take action, if any, on the above
Executive Session.
Mayor Sawyer announced that no action was necessary, that the
City Manager would handle the personnel matters.
#11 CITY MANAGER'S REPORT: A. Reported there was an error
in the November newsletter in that sewer averaging is only for
three, rather than four, months.
#12 ITEMS BY COUNCIL: Mrs. Stanhope announced the Senior
Citizen Bazaar for November 17th and asked the judges to be there
by 9: 00 a.m. - the City is furnishing gift certificates from
Wuests for prize, in the amounts of $20, $30 and $50.
Mr. Baldwin reminded everyone of the parade in Universal City on
November 10th. Mr. Sweatt made arrangements for the Council to
be picked up at the end of the parade and taken back to their
cars.
Mr. Greenwald announced that at the last meeting, Council had re-
appointed Chairman, Vice-Chairman and Secretary of the Planning &
Zoning Commission. They now find that this is in violation of
Ordinance No. 87-S-9. He suggested amending this ordinance.
#13 ITEMS BY MAYOR: Mayor Sawyer suggested writing TML to
let them know Council's displeasure about their hotel
reservations and the whole Annual Conference.
#14 ADJOURNMENT: Mayor Sawyer declared the meeting to be
adjourned at 10:10 p.m.
ATTEST:
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