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SPECIAL MEETING OF THE CITY COUNCIL
MARCH 2 9 , 198 9
The Schertz City Council convened in Special Workshop Meeting,
Wednesday, March 29, 1989, 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. Hartzogj Hal Baldwin; Barbara Stanhopej Adolph Aguilar
and Ken Greenwald. Staff present were City Manager Kerry R.
Sweatt and City Secretary June G. Krause.
#1 HEARING OF RESIDENTS: A. Doris Courtney asked if the
police cars were due the end of March. Mr. Sweatt answered that
the cars were ordered through a government agency and we were
assured they would be delivered in March. Through errors, orders
were not placed and now it will be the middle of April before we
get them.
Mrs. Courtney asked about the maintenance, when cars are
received. Mr. Sweatt said we have a position for preventative
maintenance. The problem is that we do not have a garage. We
are looking at places where we can do the work.
Mrs. Courtney then asked if the pol icemen would be allowed to
take these vehicles home. Mr. Sweatt said no.
B. Mr. Chuck Sharpe reserved time for item #8.
12 Discussion of Southwestern Bell wTexas FirstW proposal.
Mr. Sweatt advised that a representative of Southwestern Bell was
present and Councilmembers had been furnished with information on
rate cases and background on the "Texas First" proposal. This is
for discussion only, no action is necessary at this meeting.
Mr. Marcus Semmelmann, a representative of Southwestern Bell,
said he lives in Leon Valley and is on the City Council there.
He advised Southwestern Bell has asked the Public Utility
Commission to go with a plan in which they have something in it
for their customers, for the State of Texas and for the telephone
company. There are five items (1) freeze basic rates for five
years (2) to go out and every central office will be up dated and
will have up to date telecommunications network (3) go out and
eliminate all four-party lines in the State. (people in rural
areas still have four-party lines). For those wanting a one-party
line they will pay that rate and for those wanting a two-party
line, will pay the present four-party rate - the urban mileage
charge will be eliminated (4) expand local calling options for a
number of "fringe" communities adjacent to metropolitan areas -
the subscribers will pay an additional rate if wanted and (5)
reduce Bell's costs to long distance companies and hope they
will reduce their rates to their customers. This way Texas will
have throughout the State an up to date telecommunication network
second to none. Mr. Semmelmann then mentioned that the previous
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night the Enhanced 9-1-1 system went into effect, which will be
an inducement for economic development. He said they are asking
for regulatory relief in two forms. First in their rate of
return now they are allowed to make l2.05% on their
investments. They are asking from between 11% and 13%. The
other thing they are asking for is that they be allowed, with
Utility Commission review, to adjust some of their non basic
service rates if the need arises. He said he was present to ask
Council for their support of this plan. He added by saying
Council support by resolution or letter would be appreciated.
Mr. Baldwin asked what is considered non basic services. Mr.
Semmelmann said it was things like 'call waiting' - non essential
services.
Mr. Aguilar asked if the 12.05% was a profit margin they are
limited to and was told yes. Mr. Aguilar then asked if this was
clear profit and was again told it was; but there was no
guarantee they would make it. This is the first time in 13 years
they have.
Mr. Sweatt said there are other sides of the issue. The rate of
return from last year is in dispute with some other cities.
Mr. Hartzog said that Marion is asking to come into the Metrocom
area. He said he understood that al so Northcl iffe would be
asking for that. Mr. Semmelmann said Lytle was also asking for
this. He added that what he understood is that the people that
want this service would have to pay extra for it. Mr. Hartzog
asked if they did not provide that service now. Mr. Semmelmann
said they have a rate but it is substantially more than what is
being proposed under this plan.
13 Discussion of audit report for fiscal year ending
September 30, 1988.
Carlos Melick first showed graphs glvlng the financial picture of
the cities. The first chart showed a long term view of where the
finances have come from. The second showed taxes over the last
ten years - from 400,000 in 1979 to 1. 3 million in 1988. The
third chart showed the mix of expenditures by departments over
those years. The fourth showed the total expenditures divided by
the population. He said he did not bring it down to show
inflation. He then discussed the cash position of the audit from
the audit report, showing the fund balances decreased from 1987
to 1988 except the water and sewer because of the settlement of
the Mangum suit. Mr. Melick said that looking at this year, it
appears that the city will not be able to meet the projected
revenues. He said it would look to him as if the Council would
want to be very cautious in any money spent for the rest of this
year. He said this is an unhealthy trend and needs to be
arrested.
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Mr. Melick said the audit report has a significantly different
format this year because of a new audit guide from the Government
Financial Association.
Mr. Baldwin said that when Council started the budget process for
this year one of the things they were concerned about was the
fact the City was considerably short of revenues of what Council
thought they had at the time they started. He asked Mr. Melick
to show in the audit how the City ended the year. Mr. Melick
said that a good comparison of what was planned and what actually
took place would show on pages 35-37 of the audit for General
Fund. This showed that the total revenues were over the
expenditures for 1988. Last year additional amounts were
transferred from Water to General Fund in order to defray
additional costs.
Mr. Melick said that if anyone has any questions at all, please
feel free to call him at his office.
Mr. Sweatt advised that the Audit Committee suggested that this
time be given the auditors to present their audit and time for
Council to asked questions. Then Council could have one and one
half weeks to go over the report, when the formal presentation
would be given at the next regular meeting.
Mr. Hartzog asked if the money received from the Mangum suit was
back before the end of the year. Mr. Melick said no but since it
was going back into the water fund and since the settlement was
reached prior to the end of the year it was treated as
receivable. The money was not actually received until November.
Again Mr. Mel ick asked Counci lmembers to call if they had any
questions.
'4 Discussion of Bexar County Community Development Block
Grant funding and agreements for water systems improvement
project.
Mr. Sweatt said we have the opportunity to participate with Bexar
County in the funding for a Community Development Block Grant for
for water improvements. Rittimann Addition has a water system
that we would I ike to see up dated. As a resul t of ear 1 ier
applications, a grant has been offered to the City through Bexar
County. $139,750 is available to make water system improvements.
We have reviewed with consultants and staff and have come to the
conclusion that the project could be accomplished and should be
accomplished with that amount of money and can be done for a
total cost of $139,750. The project will improve the area and
even though it falls outside our city limits, it is in our
customer area. On the conservative side, we could possibly be
facing up to $5000 of participation in the over all project. In 'r-
the long term, saving to us in operation and maintenance of the
system in that area will save us from $2500 to $3000 a year in
maintenance costs. We have been offered and continue to review a
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grant agreement with Bexar County. Under one form, we would be
classified as a sub-recipient - that is the money would flow
through CDGB funds through Bexar County to us. We believe it is
a good project and think it is necessary to improve the system.
We have furnished a plat - basically we propose to place a 12
inch supply line to the system, place a minimum of six fire
hydrants, etc. It would require a road bore to bring the 12 inch
line to the supply area on Cibolo Creek along FM 78 to
intersection with FM 1518, down the right of way serving portion,
across FM 1518 to 8 inch lines in two locations and 6 inch line
in one location, come down to Aztec Lane to the 6 inch line in
that location.
Mr. Hartzog asked if the original estimate called for 8 inch
lines. Mr. Sweatt said we believe the network would best be
served by the increased line.
Mr. Aguilar asked about sewers. Mr. Sweatt said there are none
in this proposal. He said we do want to bring sewer to this area
and believe that it would be a legitimate program later.
Mr. Paul Denham of Ford Engineering said we should put in the
water lines and then a few years later go back and put in sewers.
Mr. Aguilar asked the time limit on this project. Mr. Sweatt
advised that this is '86-87 project money. We would like to see
the design work completed within 45 days and project completion
by August 30th. We can meet this time frame but would have to
move fast. Mr. Denham added that construction could be
accomplished in 60 days with good weather.
Mr. Aguilar asked if this figure is public knowledge, would not
the contractor use that as a base. Mr. Sweat said if the project
comes in well over funds, we will ask to scrap the project.
Mr. Aguilar said he fel t this would be an improvement for the
system and will help the city as well.
Mayor Sawyer agreed, saying that in some of the briefings with
Bexar County it was said that once the area is improved, the City
will annex.
IS Discussion of Planning & Zoning Recommendations:
A. Guidelines for changes in street & road names.
Mr. Sweat advised that the guidelines were developed as a result
of need and how that process might be done. Staff concurs with
the guidelines.
Mr. Greenwald reminded Council that there are several areas in
the city that have duplicate street names. This is one way to get
people to come up with name changes they want, which will help
police, fire and ambulance, etc.
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B. Renaming of Weichold/Binz-Engleman Road.
Mayor Sawyer said the first name change was recommended by Cindy
Boeck in her letter to P&Z. It is always nice to have a plan
like that, thanks to P&Z.
Mr. Sweatt said what brought up the need for guidelines is this
request from Ms. Boeck.
Mr. Hartzog suggested that the person recommending the change
should identify the people who will be effected. They should
provide a list of all the property owners. Mr. Sweatt said that
part of our concern is that we be sure and get all the property
owners names.
Mr. Aguilar suggested modifying paragraph 2 of the proposed
guidelines to include this.
Mayor Sawyer said he fel t this should be put in the form of a
policy to be passed by Council. Mr. Hartzog asked what Vernon's
law said on this subject. Mr. Sweatt advised that it says staff
but we feel it could be by Council. Mayor Sawyer said since it
would be changing the street ordinance, he felt it should be
accomplished by Council.
Mayor Sawyer asked if Council wanted to have a public hearing.
Mr. Ty Brisgill, Chairman of the P&Z, said they felt that if they
contacted all the people on the street and got their input, the
people on the other side of town would not be involved.
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Mr. Baldwin felt a public hearing was where people get to express
their opinions; therefore one should be held on the name change.
Mayor Sawyer asked Mrs. Krause to set up a public hearing on the
name change.
C. Setting public hearing to accept new zoning map.
Mayor Sawyer said Planning and Zoning has worked long and hard on
the zoning map to bring it up to date.
Mr. Sweatt said P&Z is suggesting the zoning map is up to date
and the very next time we need a public hearing this be added; as
there is no overwhelming need to adopt it in a hurry.
Mr. Simonson added that we now have the capability that once it
is adopted, we do not have to have a whole new map when there is
a change. We have stick on tape to make the additions or
changes.
Mr. Sweatt said we believe this map covers all the zoning that
has been done. With no action, we believe it to be an accurate
picture of all zoning in the city; but P&Z recommends it be
adopted officially.
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'6
Discussion of bids for portable asphalt paver.
Mr. Sweatt said the low bidder is obvious. We received two bids,
one for $36,320 and one for $6,230. The low bidder has no
deviations from the specs. We will have it verified for next
meeting that they both meet the specifications. We believe the
low bid meets the specifications and is the one we propose to
buy.
Mayor Sawyer asked for more information for the next meeting.
'7 Discussion of ordinance amending regulations for swim
pool facilities.
Mr. Sweatt said this ordinance is the result of an oversight. We
propose to amend the ordinance by adding "or by a parent" to the
ordinance passed last meeting.
Mayor Sawyer said he felt that meets what was discussed.
$8 Discussion of April 4th agenda items:
A. Final consideration of an ordinance regulating abandoned and
junked property.
Mr. Sharpe, who had reserved time, said he applauds the city for
trying to improve the appearance; but he felt the ordinance as
written infringed on his right of privacy. He said he felt this
is not the right approach in trying to keep the city clean. He
said he had no problem with property on the streets, in fact we
need to get rid of those vehicles; also he agreed when a vehicle
is blocking an intersection. He said he did not read anything in
the ordinance about the size of the lot. He said to him, a
hazard is parking on sidewalks. He added he felt this ordinance
has some things in it that could cause problems.
There was some discussion between Mr. Sharpe and the audience
about vehicles, so Mr. Sweatt read the definition of junked
vehicles from the ordinance as being: "Any motor vehicle as
defined in Article 6701d-ll, Vernon's Revised Civil Statutes of
Texas, as amended, which is inoperative, does not have lawfully
affixed to it both an unexpired license plate and a valid motor
vehicle safety inspection certificate, or that is wrecked,
dismantled, partiall y dismantled or discarded i or remains
inoperable for a continuous period of more than forty-five (45)
days."
Mr. Sharpe ended by say that there is no law that says he has to
drive a car just because he bought it.
Mr. Shriver said he was all far getting rid of these junked cars
but asked if anyone had given any thought to liability. Mr.
Sweatt said yes, that both the attorney and judge have reviewed
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the ordinance and we all bel ieve it is enforceable. Answering
Mr. Baldwin about grandfathering, Mr. Sweatt said we will not go
back on the 45 days but that would begin immediately.
Mr. Baldwin said that if the ordinance is passed, it does not
mean that you have to go out immediately and haul off all the
cars but if you get a complaint, then you have something to work
with.
Mr. Hartzog said that the recent survey results showed the item
that most often mentioned was to have an ordinance against junked
cars. This is something that is needed in this city.
Mayor Sawyer asked that this be on the next agenda.
B. Final consideration of an ordinance regulating uncontrolled
vegetation, rubbish or nuisance.
Mr. Sweatt advised that this item is to enforce some codes. As a
result of additional review with staff, we recommend these
changes. The ordinance as it stands includes property owners be
responsible for alleys. He said he reviewed this with staff and
they recommend we continue to clean the alleys due to a need to
keep them clear for utility use.
Mayor Sawyer asked about cutting trees. Mr. Sweatt said we -~
propose that an additional item be added to include tree trimming
and that the trees be trimmed to a height of not under 15 feet.
Mrs. Stanhope asked where it says that property owners have to
keep up the easements. Mr. Sweatt said easements belong to the
property owners and the city has taken the position that the
owners have to clean it.
Mr. Hartzog asked if we could request property owners to clean
the alleys. Mr. Sweatt said yes but we believe that not to be
the best of advise. We would propose that the city maintain the
alleys but not easements.
Mr. Hartzog mentioned that our auditors had said the city needs
to save money; so since it costs the city from $7000 to $9500 a
year to maintain alleys, we should leave that in the ordinance.
Mr. . Sweatt said we do propose to remove alleys from owner
responsibility.
Mr. Baldwin said that years ago when the city did not take care
of alleys, there were some pretty bad areas and some major law
sui ts when cable company went through the alleys and caused
damage. He said he did not have any problem with excluding
alleys.
Mr. Sweatt said because of the property owners concern about
trees, we are in a better position to have them cut the trees.
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C. Final consideration of an ordinance amending the Code Section
18-45 Weight Limit on Pfeil Road.
Mayor reminded Council of the problems with dump trucks tearing
up Pfeil Road, adding that this ordinance will take care of that
problem.
Mr. Hartzog asked if the drivers are aware of this proposed
change.
Mr. Sweatt said they have been requested to change their route.
Mr. Hartzog asked if the owners have been given the option of
fixing up the road. Mr. Sweatt said we propose to charge him for
damages to that road; but in the long run we need to set a weight
limit. The bulk of the damage is because Pfeil Road is so narrow
that when cars pass, they damage the sides of the road.
'9 Discussion of fees for reserving small pavilion.
Mr. Sweatt said this was placed on the agenda at the request of
Mr. Hartzog.
Mr. Hartzog said he was approached by two people this month about
the $50 deposit plus $25 clean up fees for the small pavilion.
And of course if they have beer, then there is the additional
expense of paying security officers. Mr. Hartzog said he really
did not know if the fees were too high.
Mr. Sweatt said staff had surveyed the area, both private and
publ ic, and these fees were set back in May of 1988. They are
less than most places. The presence of police officers when
alcoholic beverages are serves is a must in our opinion.
Mr. Hartzog said the man that asked the question was suppose to
be present and was not, so he was willing to drop the
discussion.
#10 CITY MANAGER'S REPORT: A. Would like to recognize to
visitors to the meeting, Mr. Paul Brown and Chuck Forbes.
B. USC meeting on March 30th on the continuing negotiations with
CPS. Meeting at 2:30 p.m. at Converse.
C. TML Region VII meeting on April 7th, starting at 6:30 at San
Marcos.
D. E 9-1-1 went into effect this morning and is functioning
well. We have had very favorable comments from people outside
the area, but still in our city limits. Mr. Sweatt invited
Council to the police department to see how it works.
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#11 ITEMS BY COUNCIL: Mr. Aauilar: A. Mentioned to Mr.
Sweatt regarding Ingram dump residue on FM 1518 - they were told
and it has stopped. He said he visited with Mr. Del Toro and
Ingram is dumping in the pit by the cemetery. There has been
cemetery damage in the past and they hope Ingram will be allowed
to continue dumping as it would help cut down on the vandalism.
They also hope that when work begins on FM 3009, they would have
a place to dump the excess dirt. The only access to the dump is
River Road and that is bad. Mr. Aguilar said he would like to
have the Council allow them to use River Road to get to the
cemetery.
Mayor Sawyer said what he has been getting from the people that
live on River Road is that they don't like the cement trucks and
extra traffic. With so many citizens complaining, we have asked
them not to use River Road. Another thing is, is it legal to
dump the concrete there.
Mr. Sweatt said our concern is several fold - primarily the truck
traffic and many of them have had pretty heavy loads. The
dumping of cement does make a PH change to the area. Some of the
PH could leech out, leaving the pit and would be washed down
stream the next time we had high water. If there was a way to
bring trucks in and out without going through a residential area
and they would clay line the pit to assure that the wet cement
would not get out to the creek we could consider it. They were
using Bubbling Springs Road and that was really a problem with
dust.
Mayor Sawyer agreed, saying the people's concern was with the
heavy trucks using River Road and the possible pollution of
Cibolo Creek.
Mr. Sweatt said we do understand the issue and if there was
another way to get in there, it would be different.
B. Do not forget the Library Book Sale this coming weekend.
Mr. Hartzoa: A. The newsletter staff did an outstanding job.
B. Noticed in the Herald that SAFES is going out for bids for
chassis for an ambulance. He asked if that should not have gone
through Council before going out for bids. Mr. Sweatt said it
was a budgeted item.
C. In the P&Z minutes, he noticed that somebody asked about
SAFES and some action that was taken - something about them being
taken out from under Council. Mary Marsh said that referred to
Kirby.
D. In tonight's paper, Live Oak refused $150,000 block grant
from Bexar County for sewer on the other side of I-35. Is it
possible that Bexar County is going to reallocate to get money
for Rittimann out of '86-87 money? The newspaper said in Mayor
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June you can reapply. Rittimann Addition put in grant for water
lii:'nd lSce~talfr~~que~t~anhem<i:rlOO..~d ~r~ ca. gl'&M jlJ ~ t.lIiesiet
~ t1'tAl!Uw~i 1 lbe CoftS<.lderEtd>. read: "Mr. Baldwin asked if this
ordinance allows removal instead of citation. Mr. Sweatt advised
~. gta~~: b\Jt. as~llRJ1d cstte lllhoib.f;Jbtoilt amalld. y s:t<l<ll4.s tnlit:~thQi^1
the entrance to the city is being cleaned up. There seems to be
an erosion problem with the little amount of rain we had.
Mr. Sweatt said we are planning to purchase wild flower seeds and
plant until we can get money in the next budget to take care of
this problem.
B. Are there any answers to the problem at the post office.
There is no safe way to leave the parking lot and go back down
Lindberg. Mr. Aguilar said he presented plans to alleviate the
problem a long time ago. Mr. Simonson said staff and P&Z had
looked at cutting the island and the Highway Department was
against that with Sippel's so close you have a dead zone. The
post office was not in favor of moving their drop boxes. Mr.
Sweatt said we will take another look at it.
C. Had two calls about the trucks on River Road.
Mr. Baldwin:
Windy Meadows
live there or
brought up at
into it.
Received call s concerning the road leading into
- major parking lot for 18 wheelers. Either they
are just parking there. Mayor Sawyer said this was
P&Z and they requested Mr. Sweatt have police look
#12 ITEMS BY MAYOR: A. How did we come out with the law
suit with Garden Ridge. Mr. Sweatt said the Judge has not made
his decision.
B. Advised that he was going to request a variance to the zoning
ordinance. He said he felt people should be told when they come
in for a permit that they would have to go with a public hearing.
Staff should tell the people what to expect when requesting a
variance.
#13 ADJOURNMENT: There being no further business to come
before Council, Mayor Sawyer declared the meeting adjourned at
9: 14 p.m.
ATTEST:
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