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SPECIAL MEETING OF THE CITY COUNCIL
MAY 10, 1989
The Schertz City Council convened in Special Workshop Session,
Wednesday, May 10, 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, presidinq;
Earl P. Hartzog; Hal Baldwin; Barbara Stanhope; Adolph Aquilar
and Ken Greenwald. Staff present were City Manager Kerry Sweatt
and City Secretary June Krause.
After welcoming everyone to the meeting, Mayor Sawyer expressed
his pleasure at proclaiming the week of May 14-20, 1989 as
"Nursing Home Week". Present to receive the proclamation was
Autumn Winds Retirement Home representative Darlene Evans and two
residents of the home, Belle Wilson and Marie Burleigh. Ms.
Evans expressed her appreciation for all the times the City has
been of help to them, especially during the last ice storm.
#1 HEARIRG OF RESIDENTS: Mr. Bill Neller advised that the
previous Monday the flaqs were placed alonq Main Street by two
boy scouts, the Scout Master and Mr. Neller. Mr. Neller then
said that since the brackets are in place, we could mount some
type of Christmas decorations on these same brackets. He offered
to manufacture some samples for City approval.
Mr. Sweatt said we had looked into purchasing some decorations
last year but did not have the money. Guadalupe Valley Electric
Cooperative had agreed to participate with us in this and we
might look at ways for all participate in this together.
#2 Dale Stein of the Texas DepartJaent of Highways and
Public Transportation to discuss current joint projects.
Mr. Stein said the most notable project was the F .M. 3009. It
has been over 15 months since the public hearing. At that time
Mr. Stein said he had predicted we would be under contract by
now; however obtaininq the right of way etc. is going slower than
anticipated. He said they do have the maps completed and they
are beinq reviewed by San Antonio office now. Hopefully within
the next 4 to 6 weeks the maps and deeds can be to the City so
that the City Manager can begin negotiations with the property
owners. At the time of the public hearing, there was a question
as to whether the channel would be going behind or in front of
CCMA. He said that has been worked out now with property owners
in agreement. Have worked with the City of Schertz and Cibolo to
get the required easements for the drainaqe channel. He said
they also pretty well have all the structures sized up and down
the road. They will be constructinq 25 year frequency structures
at the major crossings. They have been working with the City for
a number of years on the Dietz Creek north of FM 78 by the old
landfill, trying to get a 100 year frequency channel structured
from there all the way pass City Hall and on up to Schertz
Parkway. He said they do not have that channel structured and
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they cannot build the 100 year frequency channel without havinq
that structured. He said they do anticipate that the City will
eventually qet those easements and qet the cannel built.
Althouqh they will desiqn the cannel for a 25 year frequency, it
will be desiqned so that it can be lenqthened very easily.
Mr. Hartzoq asked who would pay for the enlarqement of the Dietz
Creek structure.
Mr. Stein said if they built it now, the City would have to pick
up the difference between the 25 and 100 year frequency, about
$70,000, but it is really not needed riqht now. He said the
department policy is that if the City or County brinqs them the
water, they are obliqated to pass it on.
Mr. Hartzoq asked what about CCMA, is the road still qoinq to be
in the 100 year flood plain.
Mr. Stein said they are qoinq to raise the elevation of FM 3009
about two feet throuqh that intersection.
Mr. Hartzog then asked if that would take it out of the 100 year
flood plain. Mr. Stein said it will, with the other improvements
they will work on behind CCMA. There will be a dike built on the
west channel to contain the 100 year water that would come down
Dietz Creek, so it should keep the intersection out of the 100
year frequency.
Mr. Hartzoq asked what was qoinq to happen to the water from ,,-
Woodland Oaks. Mr. Stein said the water would stay in the riqht
of way. He said all the structures are calculated with full
residential development.
Mr. Hartzog then asked about the Deer Haven/Oak Forest entrances,
is the road surface qoinq to be raised. Mr. Stein said it will
be raised some. It will be a qrass lined channel.
Mr. Aquilar asked about the Oak Forest entrance. Mr. Stein said
the Circle Oak channel would remain a low water channel. Mr.
Stein said that Antler and Fawn would not be 25 year frequency
because the roads in back or. lower than the r iqht of way. They
will be more like a 10 year frequency.
Mayor Sawyer asked if, in a few years, the City decided to put in
another bridqe at Circle Oak, could it be raised. Mr. Stein said
yes, the street belonqs to the City.
Mr. Stein said the City has requested he look at straiqhteninq
out Green Valley Road, but that would require relocatinq the
channel structure. It will have to meet site distance.
Mr. Hartzoq asked if they were planninq to lower the speed limit.
Mr. Stein said probably but that would be up to the Traffic
Section. Mr. Stein said stop liqhts would be put in where ever L
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they were warranted. The signals at 1-35 intersection had
originally been a part of the 1-35 expansion but they have run
into a couple of property owners who are holding them up so they
have asked the Traffic Section to put them in now.
Mayor Sawyer said he felt it would be necessary to have traffic
lights at the entrances to subdivisions. Mr. Stein said the city
should look at that when they plat subdivisions. He said they
are heavily regulated as to where they place traffic liqhts.
There are 12 warrants and as long as an intersection meets one of
these warrants, a traffic siqnal can be placed. The problem with
one entrance subdivisions is that you have a very short peak
traffic time and that does not meet the warrants.
Mr. Hartzog suqgested the need to get current cost estimates on
what it would cost for a 100 year structure at Circle Oak.
At Mayor Sawyer's sugqestion, Mr. Stein said if the City wants it
built, they can put it in the contract and let the City pay the
difference.
F.M. 78 Pro1ect: Mr. Stein said about six months ago the City
informed the Hiqhway Department they wanted to proceed with this
project of widening F.M. 78 from F.M. 3009 to just west of Cibolo
Creek. He said they would be constructing four lanes with a
continuous turn lane in the center. He said they had been
working with the City of Cibolo for the last 18 months to acquire
right of way. They are looking to go to contract on that within
approximatelY 12 months. This project would pick it up from FM
3009 and continue to connect with that section in front of
Randolph. There is about 10 feet by 200 feet in front of the VFW
that would have to be acquired. The next area with problems is
between Randolph Avenue and Mill Street. There are three
buildings there that will have to be acquired with portions of
those properties. We will also need about 20 feet in front of
Sonic, which would put it about to the Sonic's first parking
slot. The next would be the shoe store at First Street will have
to be acquired. The West side of First Street right of way will
be right up to the buildings. We did not want to acquire all the
business district so we have worked with the Southern Pacific
Railroad on the north side. Mr. Simonson has made them an offer
for a strip of land 2000 foot long and 20 foot wide and they have
accepted his offer. Mr. Stein said this week they have drawn up
the metes and bounds for that easement and have sent them into
San Antonio for review so that the City can get with the Railroad
and get this easement signed.
Mayor Sawyer asked when this project would be started. Mr. Stein
said they have not started on any riqht of way research as yet.
He said they are tryinq to get the schematic finalized so that
they can have a public hearing probably in December or January.
Mr. Stein said they will be raisinq the crossing at the Cibolo
Creek to somewhat the same height as the railroad structure is
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now. He said they will try to keep from blockinq any of the
businesses in that area.
Mr. Aguilar asked what would be happening to the underpass.
Mr. Stein said that is a problem, the city limits ends at the FM
78 right of way. He said that Mr. Sweatt had told him we need
to maintain that underpass but the only way they can do that is
under the F.M. 78 bridge. The only way that can be done is to
build a new road back over to F.M. 1518, which will require
additional right of way and the acquisition of two or three
businesses. There are several different options as to how it
could go. The problem is that this is County land and they know
that Schertz is lookinq at annexing that. This could be put in
the contract but he feels the District is going to require the
City to acquire the right of way and the roadway.
Mr. Baldwin asked what has happened to the Loop project. He
reminded Mr. Stein that the last time he visited with Council, he
said that if the City would talk about the loop, they would talk
about the FM 78 widening.
Mr. Stein said it was submitted to Austin for their ten year
program last year. He said they have received permission from
the Base Commander and they are in agreement with the connection
at the end of Randolph. The reason Austin did not put the loop
in their ten year plan is that it did not have enough projected
traffic flow at this time.
Mr. Hartzog said that in the past we have asked the Highway
Department to put in a traffic light at either Cloverleaf or
River Road on FM 78. We recommend River Road because the Highway
Department indicated Cloverleaf was too close to the eXisting FM
3009 light. Mr. Hartzog said he would like for them to look at
it again. Mr. Stein said River Road was what he received the.
request for and that is what his letter addressed. They are held
to the 12 warrants for placing traffic signals and if it does not
meet anyone of them, they have no choice.
Mr. Stein said they should have the schematics in to the San
Antonio office for review in a couple of months and they will
send them to Austin after their review. Later this fall we could
have the public hearing. We would be looking at construction
between three to four years, since right of way acquisition goes
very slowly.
Mr. Stein then addressed the Urban System project on Lower Seguin
Road. He said they have such a large work load in the Sequi n
office that they were not even gOing to get started for about two
years so they farmed that project out to the Floresville office.
They are looking at how far they can get the $175,000 to go. The
original proposal was to reconstruct the west end of Lower Seguin
Road up to the south gate of Randolph and just seal the remainder
all the way over to FM 1518. However, there are a couple of
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drainage structure in there that do not meet Federal Safety
standards, which would quicklY eat into the $175,000. We have
requested from Austin some exceptions to be made on the design
standards on the roadway, but have not heard back from them as
yet. The exceptions would be to allow a narrower roadway. The
. low water crossing to the west of the south gate would need to be
widened. You are looking at widening it about 8 to 10 foot on
each side, at pretty good expense. We have asked that we can go
back with a 28 foot of roadway - 2 twelve foot lanes with 2 foot
shoulders. That would greatly reduce the cost of that structure.
If they accept that, then we can see how much farther that money
would go.
Mr. Hartzog asked. if the Highway Department is responsible for
anything in the right of way for maintaining the street going
into a subdivision. Mr. Stein said no, when we have a major
reconstruction project, such as FM 3009, we will rebuild any
driveway up to the right of way line. But if we do not not have
a major project planned, it is the property owner's
responsibility to maintain those up to the edge of pavement, that
includes the City. If we have maintenance crews in the area
patching pot holes, we will patch any in the right of way also at
that time. But routine maintenance is the property owner 's
responsibility.
Mayor Sawyer called for a short recess at 8:48 p.m.
The Workshop Meeting was reconvened at 8:62 p.m.
#3 Discussion of city of Cibolo request for water service.
Mayor Sawyer advised that Cibolo's city Administrator was suppose
to be present but was not present.
Mr. Sweatt said this is a two pronged item, we have been
requested by the City of Cibolo to serve water outside of the
city limits for the development of property adjacent to the city.
We prepared an estimate of cost and forwarded it to the city and
they in turn forwarded it to the potential customer. During the
discussion, however, Mr. Sweatt said he did point out to them
that we are in disagreement as to an outstanding debt between the
two cities. He said he told them it was probablY not appropriate
to enter into an agreement to extend water service until we can
come to a conclusion about that outstanding debt. Mr. Sweatt
then recommended not complying with their request until that debt
is settled.
Mayor Sawyer explained that our contention is that we have dealt
with the City of Cibolo once, that there is an outstanding debt
and it should be settled before entering into another agreement.
He went on to say that when we do consider this request, that we
ask for a long term right to sell water to that customer and at
the same rate as other outside city limit customers. We would
like for Cibolo to make some effort to settle that debt. It was
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incurred because of a sewer break in front of CCMA that we
repaired and billed the City of Cibolo and they thouqht it was
too much.
Mr. Sweatt said this one bill was done because of an emerqency.
Generally there was an aqreement to share the cost of this
contract, which they paid but the additional cost incurred by
Schertz was thouqht by Cibolo as not beinq part of the contract
costs. We believe they were part of the contract cost. It boils
down to whether the entire cost of the contract should be shared
equally. We are discussinq a balance of $4460.
Mr. Hartzoq said he felt there were two different subjects. By
sellinq water to this church, we would be qeneratinq money for
the City. The outstandinq bill should be collected but do not
withhold the customer from beinq served water.
Mayor Sawyer said the City of Cibolo is requestinq the service
and that the customer has not requested it from us. He said he
fel t if the church had come to Schertz with their request, we
would have said yes, if they could qet a release from Cibolo.
Mr. Sawyer said the City of Cibolo at one time had asked that we
severe all connections with them and now they are askinq for
service.
Mr. Aquilar said once we do this, then you open up an avenue that
was once settled.
Mr. Baldwin said if Council would remember one time there was a
large factory that wanted water on 1-35 outside our city limits
and Schertz would not sell them water for any reason.
Mr. Aquilar reminded Council that when we.. needed the City of
Cibolo's support with Green Valley, we did not qet it.
Mr. Baldwin said he aqreed that we should qet the bill settled
then he would not have any qualms about sellinq the water.
Mr. Hartzoq said he thouqht we should have the City Administrator
from Cibolo to a meetinq to discuss this with Council.
Mr. Sweatt said he felt Council really is dealinq with the
extension of water service outside the city limits to another
entity with whom we have aqreed to sever water service.
Mr. Baldwin said he would not want to do it until we have an
aqreement that we would serve them for a number of years and we
should set the number. He asked if the City was qoinq to have a
fixed policy or would we validate for each individual customer.
Mr. Baldwin said if he had to vote, he would vote to not sell to
anyone outside our city.
Mayor Sawyer said the only thinq that makes it difficult is that-
we are talkinq about a church.
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Mr. Hartzog asked if we sell water to anyone now outside the city
limits.
Mr. Baldwin said yes but part of the aoreement with buying the
land in Garden Ridoe for our well site was that we would furnish
water to the property owner and their heirs.
After further discussion, Council aoreed they would like to have
Cibolo representatives come to a meeting to discuss this issue.
14 Discussion of establishing the position of Police
Warrant Officer.
Mr. Sweatt said that Sgt. Starr was present to supply additional
support; but Chief Agee and he had prepared the background
information. Mr. Sweatt recommended creatino a full time police
officer position, havino the assioned duties as warrant
officer/court bailiff. This would create the necessity of
amendino the budget, the expenditure portion to reflect an
increase of $2,500 and the income portion to reflect an increase
of warrant fees of $3,500. He said this is a conservative amount
projected to result from increased warrant activity. He said we
expect the increased fine income to partially offset the short
fall we project in total fine income. They had discussed
different ways of dOing this and believe the one full time
position is the best way.
Answering Mr. Aguilar, Mr. Sweatt said at this time we plan to
UBe one of our present vehicles for the warrant officer.
Mr. Sweatt said the officer would be working an eioht hour day,
the schedule would depend on the Chief. He would be fully paid
like any other police officer.
Mr. Hartzog said he thought there should be some type of
incentive.
Mr. Sweatt said in his opinion that would be more like a bounty
and he would not recommend that at all. He said as the
department grows, there might be some merit in rotating the
person in and out of that position; but the Chief does not
completely agree with that.
Mayor Sawyer said with all the problems we have had in the past,
it will be best to hire a warrant officer. On polling the
Council, they agreed they would be ready to vote on this at the
next meeting.
'5 Discussion of an ordinance prohibiting the transporting
of juveniles in an unenclosed truck bed.
Mr.,.. Sweatt offered a draft of an ordinance that would make it a
misdemeanor for an operator of a vehicle to allow children under
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13 years of age to ride in unenclosed truck beds. Several other
cities have had good response with this type ordinance. He then
recommended passage of this ordinance.
Mayor Sawyer asked that this be placed on the next agenda.
16 Discussion of the final readinq of an ordinance
repealinq Article IV Industrial Develo~nt C~ittee and
replacinq with the Econoaic Develo~nt Task Force.
Everyone agreed this should be on the next agenda.
'7 ELECTIOR CAllVASS: Consider and take action on
canvassing the May 6, 1989 General Election.
Mayor Sawyer read the results of the general election as follows:
Place 3 - Barbara Stanhope - 460 votes
Place 4 - J. L. Stewart - 268 votes
Place 4 - Mary Marsh - 315 votes
Place 5 - Ken Greenwald - 444 votes
There were 24 write-in votes.
Mr. Hartzog moved to declare the winners as Place 3, Barbara
Stanhope; Place 4, Mary Marsh; and Place 5, Ken Greenwald. Mr.
Aguilar seconded the motion, which carried with the following
vote:
AYES: Councilmembers Hartzog, Baldwin, Stanhope, Aguilar
and Greenwald.
NAYS: None
Mr. Hartzog then moved that all twenty amendments to the Charter
passed. Mr. Aguilar seconded the motion, which carried with the
following vote:
AYES: Councilmembers Hartzog, Baldwin, Stanhope, Aguilar
and Greenwald.
NAYS: None
'8 CITY IIAlIAG01S REPORT: We received a notice of a
meeting of the San Antonio-Austin Corridor Council for 10:00 am
Fr iday I June 2 I .1989 in San Ma.rcos.
'9 ITEMS BY COURCIL: Mr. Aauilar: A. Said he had enjoyed
serving with the Councilmembers and offered congratulations to
Mary Marsh.
B. Mentioned that some fire plugs cannot be seen because of high
weeds, especially on F.M. 78.
Mr. Hartzoa:
Thursday and
A. Attended the Lone Oak Crime Watch meeting on
a gentleman asked some questions he could not
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answer. The people have been taking care of the riqht of way on
Bubbling Sprinqs road and he asked just who has that
responsibility.
Mr. Sweatt said there is some question as to its status, as to
whether it is a dedicated right of way or an easement. Mayor
Sawyer said Mr. Sweatt would provide the answer to that.
B. The City told those people that the drainage work on Bubbling
Springs roads was goinq to be done but it has not as yet.
Mr. Sweatt said there was some engineerinq and survey work to be
done and it will probably be about a two day job once we beqin,
which should be soon.
C. The gentleman said whoever cut the grass the last time was
very courteous to the residents.
D. There was some talk about the rock wall deteriorating. Mayor
Sawyer said there was some question as to who the wall belonqs
to. Mr. Hartzog said maybe we should have staff look at it.
E. As to overhanging trees on sidewalks
complaints or do we have someone out checkinq.
is it based on
Mr. Sweatt said both - if an inspector is out and observes it, he
will take action; but we also work with complaints.
F. They also asked if RVs parking in the street is based on
complaint; and is it enforced by the police or inspection
department.
Mr. Sweatt said he would check on the ordinance.
G. Also abandoned vehicles with expired plates and inspection
stickers - is that based on complaints.
Mr. Sweatt said we are in the process of beginning to send out
notices now.
H. Somebody asked about park benches with advertisinq. Mr.
Hartzoq said he told them the City does not allow that. They
mentioned that one is in front of the Sonic and has been for
years. Is this legal?
Mrs. Stanhope: A. the weeds are really gettinq tall on Schertz
Parkway.
Mr. Sweatt said we are mowing each day and hope to make an impact
soon.
B. The Doq Dip at the Animal Shelter is the second Saturday of
each month. The Humane Society is having a Bake Sale at the
Kountry Kitchen this Saturday.
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C. There is a bill before the leQislators where they are tryinQ
to limit tenure of Commissioners for Housino Authorities. There
is also a requirement to have a tenant as one of the
Commissioners. At the present time, they are workino on a list
of names and hopefullY will have a tenant to take her place on
the Board.
D. Has there been a request to the City for space for MHMR
Centers in the City.
Mr. Baldwin said he does know they are interested in that. Mr.
Simonson said CVADAC has talked to them about it and told them
what they are doino. He said that also the Adult Probation wants
a place out here. He said that in talkino with the School
people, this is the type of services they desire in their
buildino.
Mr. Baldwin: A. Asked the City Manaoer if he had checked into
closing the median crossing at Lone Oak - the one that lines up
with the alley. Mr. Sweatt will check, he misunderstood and
thought Mr. Baldwin had referred to the opening coming out of the
shopping center.
B. Mr. Baldwin said he is continually catching flack about the
price we are charging for the park. They say they are tax payers
and then have to pay this high fee. Mr. Baldwin suooested that
the City make some consideration for City of Schertz residents.
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Mr. Sweatt said we have set the schedule that was adopted by the
Council and feel the fees are less than other cities. A survey
was done at the time. The maintenance costs are the same if the
person reserving is a resident of the City or not. He said we
believe there is a cost to furnish those services beyond what
taxes cover - the people who benefit from it should pay.
Mr. Baldwin said he aoreed to a certain extent but did not think
the people from outside the city should pay the same rate as the
tax payer.
C. Mr. Baldwin had a letter from Herb Rehmann concerninG two biO
holes on the side of the pavement on Antler. If someone is
waitino to enter FM 3009 and another car wants to turn onto
Antler, they have to 00 out on the shoulder causino the
deterioration. Mr. Rehmann said if the City would put in some
concrete back to the Krause's drive, it would help. The entrance
is really bad.
Mayor Sawyer asked Council if they would entertain lookino at
cost for that - he asked if they wanted to spend staff time
lookino at it.
Mr. Sweatt said he was not sure pourinG concrete was the solution
but he would look into it.
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Mr. Greenwald: A. Thanked the Street Department for putting in
the cross walk on Curtiss for the senior citizens.
B. He expressed the need to look at false alarms aoain. Mr.
Sweatt advised that they are billed monthly and payments are
received.
C. Mr. Greenwald brought up something that was talked about at
one of the P&Z meetinqs. He showed on the map the division of
the telephone system between San Antonio and New Braunfels, which
showed that all the business district has a New Braunfels number
and in back of that it is throuoh San Antonio.
Mr. Sweatt said one good thing. is that 9-1-1 has included
everyone in our city limits in their service.
~r. Aauilar: The library is ooino to have a work session on May
20th, everyone invited to help.
B. He had talked with the gentleman who is working with
juveniles and suggested he come to a workshop and brief the
Council.
#10 ITEMS BY MAYOR: A.
Mary Marsh and Ken Greenwald.
Congratulated Barbara Stanhope,
B. We have a policy of appointing Council members as ex officio
members to various committees. Letters will be sent notifying
the organizations of the appointments.
C. Is it against the law
property? Also a resident
run in their subdivision,
Oak.
for dogs to trespass on someone else
of Lone Oak would like to see radar
also in Woodland Oaks and on Crest
D. The Council received a card of appreciation for our
expressions of sympathy for Grace Sippel.
#11 ADJOURNMENT: Mayor Sawyer declared the meeting to be
adjourned at 10:28 p.m.
ATTEST:
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