ccswks 02-14-1990
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SPECIAL MEETING OF THE CITY COUNCIL
FEBRUARY 14, 1990
The Schertz City Council convened in Special Workshop Session,
Wednesday, February 14, 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; Earl P. Hartzog; Hal Baldwin; Barbara Stanhope; and
Ken Greenwald. Absent: Mary Marsh. Staff present were City
Manager Kerry Sweatt and City Secretary June Krause.
#1 HEARING OF RESIDENTS: None
#2 BID AWARD: Consider and take action on awarding bid for
water line relocation in connection with 1-35 improvement
project.
Mr. Sweatt advised that nine bids were received on this project.
The apparent low bidder is M.C. Ethridge, Company, in the amount
of $34,456.00 - the other bidders were Bluestone Excavation, in
the amount of $41082.22; R. L. Jones, in the amount of $44,996.00
Larrett General Contractors, $47,836.00; Quick Contracting,
$52,635.00; DuMor Enterprises, $54, 158.00; SACC Inc. $52,603.00;
South Texas Construction Company, $59,791.00 j and Yantis
Corporation $53,445.00.
These are a good representative, cross-section of bidders. The
M.C. Ethridge Company has done work as a sub-contractor for us,
in the past, on a couple of jobs. They have also done water line
work in subdivisions for us in the past. Their bond is with
United States Federal and Guarantee. Our Consulting Engineer and
Utility Superintendent are recommending awarding the bid to the
low bidder, in the amount of $34,456.00. This is a 100%
reimbursable project with the Department of Highways and Public
Transportation for the 1-35 Improvement project.
Mr. Hartzog moved to award the bid for the water line relocation
project to M. C. Ethridge, in the amount of $34,456.00. Mr.
Greenwald seconded the motion, which carried with the fOlloWing
vote:
AYES: Councilmembers Hartzog, Baldwin, Stanhope and
Greenwald
NAYS: None
#3 BID AWARD: Consider and take action on awarding bid for
pumping and mechanical work for Deer Haven water storage
facility.
Mr. Sweatt said the apparent low bidder is Jezek Construction
Inc., in the amount of $35,220. Three bids were received, the
other two being Bascomb Construction Company, $39,100; and
Bl uestone Excavating Inc., $38,468. As we have reviewed the
total size of the project, we find with this award that we would
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be approximately $1300 over our budgeted project. We have
discussed this and Mr. Bierschwale has proposed that we delete a
valve in the booster system at Ware-Seguin Station. With the
deletion of this one item, it will bring this project into line
with our total projected project of $41,512. We believe these are
good bids and recommend the award to Jezek Construction Inc., in
the revised amount of $33,720.
Mr. Hartzog moved to award the bid to Jezek Construction Inc. in
the amount of $33,720 for the Deer Haven tank pumping improvement
project. Mrs. Stanhope seconded the motion, which carried with
the fOlloWing vote:
AYES: Councilmembers Hartzog, Baldwin, Stanhope and
Greenwald.
NAYS: None
'4 Discussion of a resolution authorizing the Mayor to
execute contract with Randolph Metrocom Chamber of Commerce.
Mr. Sweatt said our participation through a service contract is
predicated on a formula relating to sales tax revenues. As a
resul t of changing the formula, that has changed slightl y this
year.
Mrs. Philby, representing the Chamber of Commerce, said the
figure is based on 1988 sales tax figures and was figured on a
factor point of .0029%.
Mr. Hartzog said he thought one of the things that perhaps the
Chamber should get involved in is Tax Abatement and the Freeport
tax. Another goal and objective could be a joint meeting to try
to do something about surface water.
Mrs. Philby said there was to be a meeting the following week in
Selma on abatement concerning the race track.
Mr. Hartzog said another item is on recycl ing. He said last
Thursday the Chamber put on a presentation on this subject that
was very enjoyable.
Mr. Baldwin said he also really enjoyed the symposium, it was
really good information.
Mrs. Stanhope asked the dollar amount involved in this contract
with the Chamber. Mayor Sawyer answered the amount is $1332.
Mayor Sawyer asked to take the agenda out of order and go to item
9, since we had people present for this.
'9 Discussion of a request by Payless Gas for a variance to
requirement of Special OVerlay District.
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Mr. Sweatt said he wanted to clarify what was said at the last
meeting, because our records reflect that the only drawings and
maps that were filed as part of the request was a drawing, which
was circulated at the last Council meeting. We have also
provided minutes of the Planning & Zoning meetings referencing
this request.
Mrs. Stanhope said she has a problem with this. She said she had
driven FM 3009 several times and really do not see anything that
is blocking the way. She said she feels that if Council keeps on
granting variances to the sign ordinance, then something must be
wrong with the sign ordinance. She said Council has a
responsibility to the property owners on Schertz Parkway and Jack
Hays and need to keep in mind that anyone coming into Schertz
from 1-35 will either come down FM 3009 or Schertz Parkway - so
that is the impression they will get of our city.
Mr. Baldwin said he feel s the same way. He said if you were
talking about a business on 1-35 with traffic going by at 65
miles per hour, where he would need to see 3/4 mile down the road
to be able to catch an exit in time to get off, then he would not
have a problem with elevating the sign. But on Jack Hays, where
the speed limit in that area will probably never be more that 45
miles per hour, he said he was just not in favor of making an
exception to that rule.
He said another question he has is that it is a Payless store but
it is the Conoco sign they want to stick way up in the air.
The representative of Payless said they have to move the sign
because the one that is there now will have to be torn down when
they widen the road. If you move the monument type sign back, it
would block the drive.
Council discussed the various ways the signage could be obtained
under the ordinance.
The Payless representative said that by not allowing them to put
up a sign with their gas prices on it, Council is hurting their
business.
Mr. Sweatt suggested it is very important that the Payless
representatives get to our offices a design of just what they
want to do as we need a clear understanding where they want to
put the sign.
Mr. Hartzog said he would like to see them bring back to Council
something better in a low profile sign, something that they could
live with and that we could live with.
Mr. Baldwin said, after listening to the various proposals, he
feels that it is not the name of the business or product but
priCing they are wanting to put on a sign.
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Mr. Sweatt said he did want to make it clear that the request for
a sign was made prior to the information about the widening.
Coupled with the name change, when we notified you of the
widening, you said you were going to make the change anyway.
The gentleman from Payless said that about one year ago, they
asked for a pricing sign and were told to wait about one year to
see how wide the road was gOing to be.
15 Discussion of City's responsibility
maintenance of roadways outside city limits.
regarding
Mr. Sweatt said that in 1974 and 1977, the City of Schertz
annexed an area adjacent to Wiederstein Road. The Engineers's
field notes show that the right of way was not annexed. Sometime
in the late 1970s the City of Cibolo annexed property adjacent to
Wiederstein Road. About four years ago as a result of property
owners complaining, who live inside the city limits but who
relied on Wiederstein Road, a major discussion and deliberation
occurred resulting in the city taking over maintenance. A brief
analysis of work ordered by the City of Schertz to Wiederstein
Road during the past two calendar years indicates labor,
equipment and material costs totaling over $12,000.
This matter was brought to our attention due to a high amount of
complaints from property owners in the Wiederstein Road area who
are currentl y residents of the city and feel the level of our
maintenance to the roadway is insufficient.
Mr. Sweatt said when he inquired of the County Commissioner about
maintenance, the Commissioner said it was the City's
responsibil i ty. When asked why, since it was not in our city
limits, he said it was the law. We do not know of any law making
it our responsibility.
Mr. Sweatt said that for the last several months, while we have
been trying to resolve this problem, there has not been any
maintenance to this road. Some property owners in that area said
they had approached the County to resume maintenance and the
County refused. He said he was told that if we wanted the County
to work the road, we would have to go to Commissioner's Court
because they wanted to maintain the road and we would not let
them.
Mr. Sweatt said we need to make sure the County faces its level
of responsibility; and at the very least, we affect a firm
agreement as to interlocal contracts. It is clear in our mind
that it is not totally the City's responsibility.
After further discussion on this and other similar areas of the
ci ty, Mr. Baldwin suggested that if they say we have to go to
Commissioner's Court, we need to do that and let them show us
where it says they do not have to maintain it by law.
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Mayor Sawyer asked if the Council agreed with that and they did.
#6 Discussion of an ordinance amending the zoning ordinance
by rezoning five tracts of land out of Coma 1 and Guadalupe
Counties.
Council had nothing new on this item.
'7 Discussion of an ordinance amending the zoning ordinance
Article XX, Overlay Districts for Jack Hays Boulevard and Schertz
Parkway.
Mr. Sweatt said that currently we have a sign ordinance for all
signs in the city. In the Zoning Ordinance we have what we call
overlay districts and in this, there are a number of requirements
that are over and above the City's standard requirements.
Currentl y, if a party comes in for a building permit or any
number of things, he deals with the zoning ordinance and the sign
ordinance; but if he is located on Jack Hays or Schertz Parkway,
he must also comply with the requirements of the overlay
distr ict. Under the terms of the zoning ordinance, any change
must ul timatel y come to the Council for action. If, instead, a
property owner is located outside the overlay district but
chooses to make a change in a sign, over and above what the sign
ordinance calls for, it goes to the Planning & Zoning and a
change is considered - and at that stage alone. Because of the
complexity and in some cases the overlapping, the Planning and
Zoning Commission have recommended that the Council consider
amendments to the zoning ordinance that would take from the
overlay ordinance those sections dealing with signs and
physically move those over to the sign ordinance, so that it
becomes a part of the sign ordinance. That is covered by the
next item on the agenda.
Mrs. Stanhope said basically what you are saying is that these
things would never come to the Council. Mr. Sweatt said yes.
Mr. Hartzog said the Special Overlay Zoning is a separate zoning.
Mr. Sweatt said that is right but the signs would be taken out of
the Overlay District and put down in the sign ordinance.
Mr. Baldwin said Council did that in Overlay Districts so that it
would be difficult to change anything; it would have to go to
public hearing, etc. so that it would not be easy for someone to
come in and make exceptions to an area where we did not want to
give that exception.
Mrs. Stanhope said a lot of work went into the Overlay District
Ordinance because they wanted so badly to keep those two
entrances coming into our city beautiful.
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Mayor Sawyer reminded Council that a lot of the overlay ordinance
came from developers and they said this is what they could live
with.
Mr. Willman said when the Overlay District was drafted, we did
not have any convenience stores along Jack Hays.
Mr. Baldwin said he felt Council should leave the Overlay
ordinance as tough as it is.
Mayor Sawyer
ordinances as
reviewed.
asked
is.
Council if they wanted to leave these
Counci 1 agreed, saying they do need to be
Mr. Sweatt asked
Zoning to begin
Council said yes.
if Counci 1
reviewing
wanted him to notify
the Overlay District
Planning &
Ordinance.
'10 Discussion of an ordinance calling an election for May
5, 1990.
No further discussion on this item.
#11 CITY MANAGER'S REPORT: A. The City offices will be
closed Monday, for Washington's Birthday.
B. You will be receiving a letter from GVEC concerning a meeting
from 9:00 a.m. through noon at Pat's Place on February 24th
relating to Economic Development matters. GVEC is hosting an
expert that has been employed to provide information regarding
tax incentives and economic development packages.
C. In looking at the month of April when the Volunteer Fire
Department mail s their ticket sol ici tations, we have agreed to
split the postage and mail the City Newsletter at that time. We
are trying to get information about the census more Widespread.
D. At the next meeting, you will be considering bids on the sale
of Certificates of Obl igation, in the amount of $850,000. The
bids will be opened and publicly read.
#12 ITEMS BY COUNCIL: Mr. Hartzog: A. He mentioned that
he and Mr. Baldwin attended a solid waste seminar put on by the
Chamber of Commerce and it was very interesting. It was brought
out that one of the way we are going to get our garbage rates
down is by recycling. He discussed about the use of the chipper
during the Spring Cleanup and perhaps recycling the chips.
B. He asked if the roads at the tank sites has been completed.
Mr. Sweatt said we have had some bad weather and had a lot of his
equipment stolen. He is not into penalty as yet.
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C. There is a problem in the Ri ttimann area where asphal t is
sinking in already. Contractor needs to be notified.
D. Mentioning that next Monday is a holiday, he felt it needed
to be updated to be called President's Day instead of
Washington's birthday. Mr. Hartzog also suggested that Council
needs to add the third Monday in January - Martin Luther King Day
to the hol idays for the City. The other Councilmembers agreed
with this.
Mrs. Stanhope: A. She went to the Alyssa Smith benefit put on by
Morning Star and there were a lot of people there for a fun and
interesting day.
B. Reminded everyone of the Auction/Dance on February 18th
supporting our Library and Humane Society.
Mr. Baldwin: A.
next meeting.
Announced that he will not be present for the
B. Also announced that May 12th is Senior Citizen Appreciation
Day. He asked that everyone contact businesses or anyone for
donations for prizes.
Mr. Greenwald: A. He reviewed the letter from Mr. Sweatt and
Mrs. Marsh to the Greater Austin-San Antonio Corridor Council and
fully agreed with it. He said if there was some way to withdraw
and get our money back, he would be in favor of it.
B. On March 10th at 10:00 a.m, they will have the closing
ceremonies of the BVYA Basketball season. Then at about 1: 00
they will have a game between the coaches and BVYA Board. This
will be a benefit for Alyssa Smith.
Mrs. Stanhope said that at the Harry Freeman Exhibit Hall, a lot
of small cities had tables and handed out advertising. They sure
did get a lot of visibility. Perhaps we could do that next year.
Mr. Hartzog reminded Council that on March 10th also at 10: 00
a.m. will be the Library Open House and Ribbon Cutting for the
extension of the facility.
#13 ITEMS BY MAYOR: Mayor Sawyer said he had been
attending a lot of meetings for different groups. Pack 18 Cub
Scouts, which is the second biggest pack in the Alamo Area
Council, is a very big pack. They have not asked the City for
anything yet. He said he understands the VFW has dropped their
sponsorship and has asked them to find another place to meet. If
anyone knows someone in the VFW, perhaps they could intercede for
the scouts.
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# 14 ADJOURNMENT: There being no further business. Mayor
Sawyer declared the meeting adjourned at 9:45 p.m.
ATTEST:
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