ccswks 11-28-1990
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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.
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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.
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'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.
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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.
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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
"
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"
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.
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.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
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Deputy City Secretary, City of Schertz