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ccswks 11-28-1990 95 SPECIAL MEETING OF THE CITY COUNCIL NOVEMBER 28, 1990 The Schertz City Council convened in Special Workshop Session Wednesday, November 28, 1990 at 7:00 p.m. in the Conference Room of the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Earl W. Sawyer, presiding i Joe Potempa, Hal Baldwin i Barbara Stanhope i and Ken Greenwald. Absent was Mary Marsh. Staff present were City Manager Kerry Sweatt and Deputy City Secretary Alice Austin. '1 HEARING OF RESIDENTS: None '2 Discussion of final consideration of an ordinance amending the Code by revising Section 19, Exhibit 4 Water Rates. Mr. Sweatt advised that the ordinance that was passed on first reading and is up for final consideration basically makes the increases that were discussed at the time of the 1990 certificate of obligation issue. The increase in base rate is from $6.00 to $6.50 for the 5/8 by 3/4 inch meter with corresponding rates throughout the entire rate structure for various size meters and a change from $1.01 to $1.11 per thousand gallons for each one thousand gallons above the base consumption. He advised that rates for customers outside the city limits are 200% of that charged in-city customers. He said that the rates are proposed to go into effect on the 26th of December. He advised that our contract with Guadco MUD provides for a 90 day notice and we have provided that notice timely and the same time frame would hold true for them as it does for our own customers. #3 Discussion of first consideration of an ordinance amending the sign ordinance designating Railroad Right-of-way Sign District. Mr. Sweatt advised that the only area to clarify was on page 2 under 9c Sign Regulation. In Section 9c (3) Setback we should eliminate the words right-of-way so that the setback would be half the distance between the right-of-way of FM 78 and the railroad tracks. He advised that, as a point of clarification, we are in the process of acquiring from the railroad twenty feet of additional right-of-way for expansion of FM 78 from the middle of Cibolo Creek to approximately Mill Street and that under the terms of this ordinance, or as conditions currently exist, we would not permit a sign to be placed in that twenty foot area we propose to acquire. Mr. Potempa asked if the signs currently in place would be grandfathered. 96 Mr. Sweatt advised that obviously they would be grand fathered but some may be non-conforming. If they meet all the conditions, they would be grandfathered. If they are non-conforming at such point in time where 50% or more of the sign were damaoed, the City would move in to have it removed. Mr. Greenwald advised there is a non-conforming essentiall y P & Z is asking Council to set a date normally be 5 years. Mr. Sweatt advised that a date set and that 5 years was the accepted norm. Council the date in 9f.(3) would be January 1, 1996, clause and which would needs to be agreed that 14 Discussion of settino a Board of Adjustment hearinq on a request by Alco Creative Builders on behalf of Henry Spires for a 3 foot rear yard setback at 3713 Olde Moss. Mayor advised there was an unanimous recommendation from Planning and Zonino to schedule a Board of Adjustment hearino for January 15, 1991. Mr. Sweatt stated the paperwork in Council's backup describes that there is normally a 10 foot separation between the house and the ancillary buildings and this applicant proposes to locate a building in such a way that it would be only 7 feet from the house and would allow a 3 foot rear yard setback. Mr. Baldwin asked if there would be a slab or was the building on skids. Mr. Sweatt advised that it would be on skids. Mr. Potempa asked if this was already buil t before the person came in for a permit. Mr. Sweatt advised that it had been built first. IS Discussion of December 4th BOA hearing on a request by William C. Giberson, 416 Marilyn Drive, for a 5 foot variance to side yard setback. Mr. Sweatt advised that this hearing is scheduled for December 4th. He advised that this had been discussed previously and the date set and that notices had been mailed to abuttino property owners. Mr. Sweatt advised that Mr. Giberson currently had a 7 foot separation between the buildino and the property line, and the proposed construction and completion of the carport would bring the building to within 2 feet of the property line. 16 Discussion of December 4th BOA hearinQ on a request by James C. Gibler, 1528 Mountain Laurel Circle, for a 6 foot variance to rear yard setback. No discussion. /' 97 '7 Discussion of reV1S1on to Federal Aid to Urban Systems Project from Lower Sequin Road to Doerr Lane. Mr. Sweatt advised that in 1987 and 1988 the City received approval of a Federal Aid to Urban Project for the purpose of upgrading Lower Seguin Road. At the time of appl ication and approval, the proposed improvement was from FM 1518 to FM 1604. The estimated cost for doing surface revitalization, broadening the shoulders, and some safety work was approximately $175,000. The Highway Department began doing some engineering in 1988 and 1989. The Highway Department was to handle the entire project. As they developed the engineering and the information about the project, they came back to us with various kinds of problems. One of the problems was the design of the bridge. The overall problem they are having is drainage at the intersection of Lower Seguin Road and FM 1518. The owner has a letter from a former district engineer which says that the drainage problems are the Highway Department's responsibility. The Highway Department has posed enough problems and have said to us that the $175,000 allocation out of Federal Aid to Urban Projects is not enough money to do anything like we want done on Lower Seguin Road. Mr. Sweatt advised that we could go down past the South Gate and do some improvements to that surface of Lower Seguin out to FM 1604, but that is all the money we have. The Highway Department has given us two choices, they will do that part of Lower Seguin Road from South of the South Gate out to FM 1604 or they will do some other project. Mr. Sweatt stated that, at this stage, we would prefer to see the work done on Doerr Lane at least from Associate Drive to the railroad tracks. He advised that we have budgeted some remedial maintenance work in this year's budget. Doerr Lane which is in extremely bad shape is serving a major industry. The major industry is upset with us because their roadway in not as good as they would like for it to be. He advised that we see this as a good chance to improve Doerr Lane and get it on the Federal Aid to Urban Systems, so that, as additional money comes down the pike we might be able to pick up the work from the railroad and go on out to FM 2252. There is approximately $9,000 to $10,000 in our budget for some very remedial type maintenance. If we can get the state to take on this project, it will solve the problem with the industry, will open up a thoroughfare into the industrial business area, and will allow us to use our budgeted money for some other project. Mr. Greenwald asked what kind of constraints there are on the money. Mr. Sweatt advised that it must be used to improve a roadway which connects two on-system roads. Doerr Lane can meet the constraints by designation of TriCounty Parkway through Associate Drive up to FM 2252 or as TriCounty intersects IH-35. 98 Mr. Potempa asked if the $175,000 would be sufficient to cover the proposed project. Mr. Sweatt advised that we believe it will be adequate to improve the section from Associate Drive to the first railroad track but would not be sufficient to go any further at this time. Mr. Greenwald asked if we could look at tying what little money we have into the state's money and doing the rest of the road. Mr. Sweatt said he did not think our nine or ten thousand would go very much further but we could look at it. Mayor Sawyer advised that the basic question is "Does Council mind changing from Lower Seguin Road to Doerr Lane?" Consensus of Council was to go ahead. #8 Discussion of preliminary floor plans and layout Animal Shelter Facility. Mayor Sawyer advised that they had asked the Humane Society to be at the meeting when they discussed the facility and that he did not see any of them there. Mr. Sweatt advised that we had done review internally, had talked to Dr. Tull of the Health Department and have this information we wanted to share with Council and get their thoughts and recommendations. We will then go on to the Humane Society and get their comments. We will be refining this for some time. Mr. Sweatt advised that wi thin the fence there is a total of 4,920 square feet. Mr. Baldwin said that he was under the impression that a shelter built within the city limits had to be totally enclosed. Mr. Sweatt advised that it was previously thought, that based on location and proximity to other bUildings, there were some requirements which required that everything had to be under the roof and inside a building but that there are no city, state or federal regulation about it. Mr. Baldwin asked if this would be in the park. Mr. Sweatt stated we had not selected a site and we wanted to talk about the bUilding first and determine Council's reactions to the bUilding. He advised that we have two location possibilities, one undeveloped site and the other in the park. He advised that this design would fit either location or any other location depending on how we plan to grow. ~ 99 Mr. Simonson advised that We will have some things that We do not currently have. One of the things is an employee area with a shower and our own washers and dryers. The food storage area is in a central area primarily for the dogs. The feline food will be kept pr imar il y in the fel ine room. The office is central I y located with a good counter section and a rather wide lobby to take care of a growing adoption pol icy. There is an adequate training and meeting room. He advised that Schertz has been very progressive in the training we have given our officers and that Dr. Tull would I ike to do more training in Schertz. We have provided a good area for the Humane Society Dog Dip. They will have their own gate and their dip area will be covered. There is also a fenced area for the pets to run and shake down. The runs are built for expansion and have better drainage in this design. There are 16 runs for canines. Mr. Sweatt advised that our intent is to finalize a location recommendation to Council by late December. Location site will determine layout. We expect to have the design finished by late December or early January and be in position for Council's review and to solicit bids for a mid February opening, with construction to start in March. Mrs. Stanhope asked how much more it would cost to have the cover over the runs, not enclose them but cover them entirely. Mr. Sweatt advised that it would probably not be that much more expensive. '9 . EXECUTIVE Vernon's Texas Civil acquisition. SESSION: Statutes, Called Section under 2 (f) Article 6252-17 to discuss land Mayor Sawyer called an executive session at 7:39 p.m. Workshop meeting reopened at 8:10 p.m. '10. Discuss and take action, if any, regarding the above executive session. Mayor Sawyer said the City Council met in Executive Session under Article 6252-17 Vernon's Texas Civil Statutes, Section 2(f) to discuss acquisition of right-of-way for sewer line extension. '11 CITY MANAGER'S REPORT: 1. Advised that he would like Council to consider an item for next action agenda. He advised that Dr. Potyka has served for some time as our volunteer Emergency Medical Services Director. Dr. Potyka is willing to continue serving and is willing to continue as a volunteer. He is covered under the City's insurance under professional I iabil i ty and medical malpractice insurance. To clarify his position, we would like to have City Council take formal action by appointing him as Emergency Medical Services Medical Director. He will continue to serve and under our insurance he serves as a volunteer acting within the scope of duties assigned by the City " 100 " of Schertz. This is a process to formal ize that he is in fact covered under our insurance. Consensus of Council was to place item on December 4 agenda. 2. We solicited bids on a lot of surplus property not long ago. We did not get bids on a lot of items and the bids be did get on many of the items we turned down. This bid solicitation included bicycles that had been abandoned and not reclaimed. We have negotiated the sale of the bicycles and have realized approximately $350.00 which will be conveyed to the library development fund which Council indicated as their desire. 3. Discussion of the BVYA contract is planned for the December 12 Workshop and for action on the December 18 agenda. The contract expires on December 31. The only difference is that the Schertz Business Club requests that the park, playground and ballfields be available on the night of the 3rd of July as well as the 4th of July for the 4th of July activities. Mr. Greenwald advised that he will bring this up at their meeting but as they had no objection last year, he did not foresee any problem. 4. Advised that we had equipment problems. The street sweeper has been down with a steering problem. We should have it back in service next week. 5. December meeting schedule is the 4th, 12th and the 18th, January schedule is 9th, 15th, and 30th. '12 ITEMS BY COUNCIL: JOE POTEMPA: 1. Tree lighting ceremony that the Business Club and the Council will sponsor will be on 12-6 at 6:00 p.m. 2. Received a call from Mr. Ed that the garbage was picked up at his residence in Deerhaven at 6:30 p.m. last night. 3. The Business Club elected officers for 1991 year. Officers elected were Anita Clark, Vice President; Henry Gutierrez, Secretary; Jim Schriver, Treasurer; Dot Harborth, Executive Committee; Sharon Fruge, Executive Committee; and Ann Richard, Executive Committee. Mr. Potempa advised that he had been reelected as President. KEN GREENWALD: By the time he got home from work, his phone was ringing off the hook about garbage pickup. '13 ITEMS BY MAYOR: 1. Mayor advised that Mrs. Nicky has informed him that Operation Halo organizers would like to have some items donated that women normally use. Mrs. Nicky also wanted the Mayor to ask if anyone on the Council would like to volunteer time at Rolling Oaks Mall to collect these items, they would be more than welcome. Mr. Sweatt advised that we were incouraging our employees to develop a box or gift package from here from the employees. / ~ [" ]", .iU, Mrs. Stanhope asked if a date had been set for the office Christmas party. Mr. Sweatt advised that December 20 was the office party and December 14 was the Awards Banquet. Mr. Potempa advised that Officer Reidy has been selected as Police Officer of the Year would be recognized on December 14. 2. Mayor Sawyer stated that an Executive Session on personnel to discuss City Manager I s compensation be set on the December 14 Agenda. '14 ADJOURNMENT: On a motion duly made and seconded, the meeting was adjourned at 8:42 p.m. ATTEST: , Texas ///)' c2 ~ ~~, '-.z7d' Deputy City Secretary, City of Schertz