Loading...
ccswks 05-31-1989 ( 187 SPECIAL MEETING OF THE CITY COUNCIL MAY 31, 1989 The Schertz City Council convened in Special Workshop Session, Wednesday, May 31, 1989, in the Council Chambers 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; Mary Marsh and Ken Greenwald. Staff present were City Manager Kerry R. Sweatt and City Secretary June G. Krause. #1 HEARIRG OF RESIDEllTS: Mr. Bill Neller said that contrary to what appeared in the local media, Flay Day will be June 14th and he will again fly the flags on Main Street. They were displayed on Monday, May 29th for Memorial Day. He also advised that if anyone has a worn or tattered flag, they could bring them to the fire station and on the evening of June 14th, they will be disposed of in the proper manner. 12 JOlIn' MEETIRG WITH PLAlIRIBG & ZOBIBG to discuss: A. Don Decker request regarding Mobile Home Park. Mr. Decker advised that he had taken an option on the Schertz Modular Park and they feel it should be a Mobile Home Subdivision. The difference being that in a Mobile Home Park, the lots are rented; and in a Mobile Home Subdivision, the lots are sold. He said the utilities are already there. The park was repossesed by the Texas Bank of Commerce and his firm has taken an option on it. He then referred to all the changes needed and asked what Council wanted to do about his request. Mr. Sweatt said he and Mr. Simonson had met with Mr. Decker and had discussed a number of areas of concern in which the park might be brought up to standards. Beginning at FM 78, they discussed as to how the entrance way would be constructed. If Mr. Decker's group could come into ownership of the roadway, it should be dedicated to the City for right of way. We are in general agreement with that concept. Mr. Decker said the survey is not complete but he has no objection to this. Mr. Sweatt said from the bridge entrance to the property side, we would suggest those street be retained by the property owner with use by the City. Also the Water/wastewater line and lift station be brought up to City standards and dedicated to the City for public use. Between the lots, there is about 12 foot alley easement. We believe that area would need to be widened to at least 20 feet. Mr. Decker said that in a Mobile Home Park, there is no lot lines but pads are laid out as if they are 80 feet in depth. Mr. Sweatt went on to say that the size of lots has been under discussion - a 70 x 80 foot lot could be achieved which would exceed our requirements. We see no problem with this, with a 23 foot front yard setback to give room to clear the sidewalk with vehicles parking. There are areas that have been brought ~ 188 \ out of the flood plain but not from the Corps of Enqineers' map. Mr. Sweatt said the one area we have not reached aqreement on is a secondary access on FM 1518 - a 50 foot riqht of way with a minimum of 30 foot paved roadway. There are some questions from adjoininq property owners but we believe this to be a vital point. Mr. Decker showed a plat showinq a road easement but he said it needed to be straiqhtened. He said as you leave the Mobile Home Park, the first four pieces of property on the riqht, we should take 10 feet off each side but would have to be condemned and they cannot condemn. This is in Bexar County so Bexar County would have to help. He said they had suqqested a 24 foot street but would not argue on the 30 foot street requested. Mr. Decker said he would like to put a couple of mobile homes in on a temporary basis to take care of security. The city has been paid for 50 water connections and they would like to have them transferred and the sewer has been paid on 50 lots. They would like to have these transferred to them also. They would also like to have three-way stop signs qoinq into the park. He said that when talkinq to City Public Service, they asked not to chanqe the street names or addresses. The City Council, when Mr. Parker owned the property, took a couple of actions that Mr. Decker said he would like to have rescinded or forqotten. There are two streets that are sort of a loop. He would like to barricade the street next to the City park. He said he had no objection to removinq the street but thouqht it would be a shame to remove it if it could be used in some way. He said on some lots in the flood plain, there are all utilities and those need to be taken out unless the city would want to use them. He said they would be willinq to work with the City on the part that would be a City park. ~ , L Mrs. Marsh asked when the survey would be completed. Mr. Decker said he was told it was finished but he does not have it yet. Mr. Hartzoq asked what is qoinq to happen to the encroachment into the 100 year flood plain and how is this qoinq to be restricted. Mr. Decker said the survey will show this and until it is received he could not answer; but he did say that no lot should be built if floor of buildinq is no more than one foot above the flood plain. Mr. Decker said when he first started he wanted to have RVs also but Mr. Sweatt convinced him aqainst this. Mr. Hartzoq said, on the lift stations the electrical controls should be above the flood plain. Mr. Decker said they have to be placed so that they will be acceptable to both CCMA and the City. Mr. Sweatt said our point is that there may be property in that area that shows on the map that it is in the flood plain but it may have been raised above the flood plain. ( 189 Mr. Willman asked that if they sell the lots, who would be doinQ the street maintenance. Mr. Decker said the home owners association would. Mr. Andrews asked if it is in planning to offer rebates to property owners who maintain the streets. Mr. Sweatt said no but property miQht be valued higher if the city maintains the streets. Mr. Decker said he pictured a maintenance assessment and if they do not pay, the Home Owners Association has the right of lien. Mr. Sweatt said we believe it is to the City's advantage to leave them private streets. Mr. Baldwin said he was not sure if it would be to the City's advantage to not own those streets. Mr. Sweatt said we do not know the construction of the streets and we miqht be buying a "pig in a poke". Mr. Decker said they could put in the papers that the City could take over them any time they wished. Mr. Sweatt said we would expect, were these private streets, an agreement with the Home Owners Association the right of inQress and egress. Mr. Sweatt went on to say that while the streets now look fine, it is possible some defects could appear, because they lay dormant for quite some time. Mr. Hartzog said he does not like to see private streets in the City. Mr. Baldwin said we now have one mobile home park where the streets are private and they are in bad shape. He said he did not know if those people could form an association now or not. Mr. Sweatt said he felt there would be some lonQ term maintenance cost we would be facinQ. Before we accept the streets we would have to look at extensive testing. Mr. Decker sugQested that if both agree on this and they are able to get a 50 foot street to Trainer Hale Road, that they put up a bond so that they could sell the lots so that they could put in the road - a "Hill Center Road" 6 inch base with oil and sand. Mr. Hartzog said he would not QO along with that, he felt it should be paved. Mr. Decker said he could insist on that and he would not be interested in puttinQ it in and he then could open up a mobile home park very easily and the City could not do anything about it. Mr. Andrews said the three-way stop referred to was about 500 feet from FM 78. It was suppose to have a three-way stop with concave mirrors originallY. I \ 190 ~ 1 Mrs. Marsh said it seemed to her Council could not qo any further and she suqqested that Mr. Decker continue discussions with Mr. Sweatt and staff and they come up with a new plan with exactly what is desired. Now it is time for further discussion with staff. L- B. Public Hearinq schedule for City Council and P&Z. Mr. Sweatt said this is the first opportunity to have both City Council and P&Z toqether at one time to suqqest a chanqe in our policy. He said he thought it would be to our advantaqe to strenqthen the role of P&Z. He asked for a chanqe in the policy. When receive application, P&Z beqins the process and hears the request. He said it would be to our advantaqe to ask P&Z to deal with developer and enqineer qettinq more involved with details. They could qet involved with more details than the two could toqether. He said he believed the P&Z should hold their public hearinq, where more aspects could be resolved so that it could be thoroughly reviewed. He said he felt it would offer us a smoother way of handling zoninq matters. Mr. Willman said the main reason of having the joint public hearings was because of the time element and savinqs to the City. Mr. Sweatt said that at the same time the P&Z public hearinq is put in the newspapers, the notice could contain the date of the Council hearinq also. If P&Z then determined they wanted more time to study the request, then the Council could open their public hearing and so state. ~ , L_ Mr. Hartzoq said he thouqht this a qood idea. Mrs. Marsh said she thought it a qood idea but did not want the request to come to Council diluted of knowledqe - just cut and dried. . Mr. Sweatt said that qiven an opportunity, members of the Council might want to attend the P&Z public hearinq. Mr. Andrews asked about the ten days P&Z has to make recommendation to Council. Mr. Sweatt said the dates will be worked out toqether. If there is a very complex zoninq case, staff projects and send notices of public hearinq. If it is difficult to reach a decision so P&Z wants to delay, then Council will open their hearinq and qive anyone that appears the opportunity to speak and then continue the public hearinq until they get P&Z recommendation. Mayor Sawyer asked if Council & P&Z was in qeneral aqreement and received affirmative replies. He then said that Mr. Sweatt could take care of procedures. Mayor Sawyer then called for a short recess at 8:10 p.m. The Special meetinq was reconvened at 8:15 p.m. by Mayor Sawyer. ( '"- ~ - 191 '3 Discussion of City of Cibolo billing for services. Mayor Sawyer said some of you may recall the sewer line break in front of CCMA on which we worked jointly with the City of Cibolo and we have had some disagreement will our billing. Mr. Sweatt said this occurred in 1987 and and the project involved a sewer line break on Dietz Road about 500 feet east of Jack Hays Boulevard. During a period of high rainfall, a manhole and line leading to it on both sides failed. Both the City of Schertz, CCMA and the City of Cibolo were in a situation of needing repair to a collector line. With the high water, sewer was in danger of being out into a water course. Work was done by City crews, which led to a contract with a utility contractor. The City of Schertz and City of Cibolo entered into an agreement to each pay half of the fee for the contractor stepping in and doing the major repair work. In addition to the contract, the City of Schertz incurred significant charges, both in man power and equipment cost and materials. A billing was prepared to the City of Cibolo in early July in the amount of $6,015.53. Of that $1,555.50 was paid, beinq that portion of the contract cost - half of the contract cost. The remaining cost was billed by the City of Schertz to the City of Cibolo, some $4,000. This was discussed between the City of Schertz and the City of Cibolo and it could not be resolved satisfactorily. Mayor Bauder and City Manaqer Dave Walker are here tonight to discuss this billing. Mayor Bauder thanked Council for inviting them, saying this has rocked along for a couple of years and they would like to see it resolved. Mr. Walker handed out some documents, saying he thought they would be pertinent to the discussion. He said, we have over a period of several months, tried to settle this problem. He said at the time this happened, he was only on the job about two weeks. He initially received a call from John Bierschwale who informed him of this break. He said at this location there is a manhole that belongs to CCMA and serves Woodland Oaks and Thisle Creek in Cibolo. The Cibolo line comes into this at a 7 foot level and the Schertz line is at 13 foot level. He said he believed Schertz had been working on this line for two days and determined that it would be necessary to call in a construction company. The sewer line had ruptured and was spreading contamination allover. He went on to say that Cibolo did not have any blockage but their line was cracked. John Bierschwale said the contractor would cost about $2,000 to $3000 and asked if Cibolo would pay half. Mr. Walker polled his Council and they said go ahead. He said he followed up with a letter to the City of Schertz, in which they said Cibolo would pay half on the contractor fee. During July they received a bill from Schertz for $6,015. He said he discussed this with John Bierschwale, who referred him to Mr. Gilmore. Mr. Gilmore in turned told him it would have to be decided by the two Councils. This prompted the letter from Mayor Bauder to Mayor Sawyer in which they enclosed \ \ their check for half the contract cost only. Mr. Walker said they paid half of the cost of the contract and did acknowledqe some other costs. He said he did not want to qive the impression that the City of Cibolo is not willinq to discuss the funds. There will be a lot a growth in this area and he felt the two cities should work toqether. He said he had really had a lot of help from John Bierschwale, Jerry Graham, June Krause and he was happy the way the police departments can now work toqether. Mayor Bauder and Schertz' busted, just not be from already down picture. said Cibolo's sewer line was only seven feet deep was thirteen feet deep and their line was not cracked. He said the contamination would therefore their line. Mr. Walker added that Schertz was below Cibolo's line when Cibolo came into the Mr. Sweatt said we do disaqree, we feel the cost should be shared completelY. The total cost was about $17,000 and the city of Schertz stood for about $11,708. From the beqinninq, Cibolo's staff felt Thistle Creek needed the road open and it should be done quicklY. Mayor Bauder said that by the time they qot involved, the road was already duq up and cavinq in and it qot to be too biq a project and had to call in a contractor. Mr. Bierschwale said the manhole started collapsinq so they dug about a 10 x 20 foot hole but thouqht they would not have to qo down 13 feet. They had two men on the bottom and all of a sudden they noticed sewer coming in from the other side of the main on Cibolo's side of the main. Before the City of Schertz people went out CCMA was on the scene. They believe the trouble was caused by the ground saturation. He said he talked to Dave Walker because our equipment could not qo that deep. When the contractor finished with the repair, he left about 5 to 6 feet of dirt and the city of Schertz had to qo in and brinq it back to normal. Mr. Bierschwale said when he called the contractor, he was doinq work in Savannah Square and qave us a price around $3,000. He called another contractor but his price was from $5,000 to $6,000, so we decided to qo with the local contractor. The contractor came in and made the repairs for both cities. Mr. Sweatt said the contractor cost was just about what had been quoted; but the other costs was what the City of Schertz incurred to finish the job. Mr. Bierschwale then answered several questions from Council, sayinq if we had just fixed our side, Cibolo would still have had to qo down the 13 feet. The contractor did the work on both sides, but the City furnished the materials. We were out there two days before the contractor was called in. Mr. Gilmore had told Mr. Bierschwale not to charge for the two days prior to the contractor being called in. .r-- ( .. ',_ .J 193 Mr. Sweatt said he felt the entire bottom line was that we felt it was a joint project from the beginning. The only thing the City of Cibolo committed to was one half the contract cost; but we felt it should have been split 50/50. The City of Cibolo thinks they only owe $398. Mayor Bauder said he never understood it to be a joint project. He said he had never heard that their line was broken - just that it was cracked. He said this is the first he had heard about their line being broken. Council suggested contacting CCHA to see if they can confirm that both sides were broken it would put a little different light on this. Mayor Bauder thought that an excellent idea and suggest Mr. Walker and Mr. Sweatt to go over and talk to CCMA about this. Mayor Sawyer agreed and asked for some type of report on this. '4 Discussion of hospitalization insurance bids. Mayor Sawyer advised that Mr. Baldwin had asked for this discussion. Mr. Baldwin said he thought Council should take a look and see what kind and level of insurance for which we are requesting bids. He said the information sheet furnished pretty well answered his questions. Mr. Sweatt said the sheet includes our current policy and we are asking for that type or better but will entertain alternatives. He said all the cities in the area are experiencing the same type of problems. He added that had we time, it might be well to look at self insurance but because of the time element, he recommended going out for bids as shown. Mayor Sawyer advised that deductibles, stop losses, etc. can be discussed when the bids come in and are presented on the June 14th meeting so that the policy can be in force by July lst if possible. Answering Mr. Hartzog's question, Mr. Sweatt said it is our understanding that the State will pay current claims until we can get other insurance. The State has advised us to continue paying G.I.C. and we will be covered at least until July 1st. We have asked for July 1st coverage in the bids; but if that is not possible, we still have a 30 day grace period. We would like to get this resolved by July 1st because some providers are turning away our employees and dependents. '5 Discussion of bids: A. Generator. B. Trenching equipment. i\~ 194 \ Mr. Sweatt said the qenerator we purchased was a reconditioned one and proved to be unsatisfactory and had to be returned. We received one bid for a 30 kw reconditioned qenerator from the Hol t Company of Texas in the amount of $6100. The trailer equipment is mandatory. This is the qenerator we need in the utility operation during storms and electrical outaqes. We also solicited bids for a qenerator for City Hall but we just do not have the money for that. Mayor Sawyer asked Council if they would be ready to act on these two items at the next meetinq and received an affirmative replY. .6 Discussion of Rittt.ann Sewer application CDBG. Mr. Sweatt said we propose to make application to Bexar County Community Grant Block proqram in the amount of $143,845 for the estimated cost of Rittimann Sewer project. This is proposed to be a project that was desiqned some years aqo to basically serve all the area of the Rittimann addition. It involves laterals, collection lines and manholes. We proposed to present this on June 15th at the CDBG hearing scheduled in Converse that niqht. But again we sugqest that it be a County project. Mr. Sweat said we have had several discussion with that area who is their spokesperson for the area. possibility that others would want to speak for or project. We have used one of our employees to try to the people in the area of the public hearinq date. Mr. Denham of Ford Enqineerinq said they have already put out the first advertisement for the water project for June 12th openinq at 10 am here at City Hall. We expect to qive a notice to proceed on June 20th to the the project for final project completion by Auqust 31st. a person in There is a aqainst the qet word to Mr. Hartzoq asked if we received an easement.. Mr. Denham said riqht now we are qoinq on the riqht of way. We fully expect the project to come way under budqet so we don't expect the City to have to put in any money. 17 Discussion of Schi~rville Water application CDBG. Mr. Sweatt advised that we are proposinq a second project for the City of Schertz in the Schirmerville area. We have a stronq need to achieve additional water service there. You will recall that this area was in San Antonio and we were asked to annex and the property owners were made aware it was qoinq to be an expensive process as there would be needed quite a number of miles of line to service a limited number of customers. Since that time we have constructed the qround storaqe tank on Ware- Seguin Road and about 6000 feet of line ourself. We see the need to continue our master plan accomplishments in that area. We believe that this is a worthwhile project in Bexar County and eliqible under CDBG. We will be asked to do a survey with -' ( ~9r; .."- "- t... customers to ascertain lower and middle limit incomes as a condition of the grant. We believe that these conditions can be met and hope to make application for a grant in the amount of $195,500 for engineering, testing and contingency. With the City constructing the work at an additional cost of $100,000 so that a combined City and CDBG project will accomplish the construction of the water lines in that area. We would like you to make that application. Mr. Hartzog said that when he was working with Bexar County, they would like smaller request. He asked if it would be possible to divide this project into smaller requests of say $100,000. Mr. Sweatt said part of the concern is the limited number of customers in the area and a number of those do not have water. If we cut back on the length and scope of the project, he said he did not know how many customers would drop off the project. Mr. Sweatt said we would look at it. We will need input to notify the people in the area of the public hearings. Cindy Boeck will take the survey and get them back to us. '8 Discussion of tax collection attorney agreement. Mr. Sweatt said we have utilized the firm of Gates Stein to serve as delinquent tax attorney for several years. The firm has performed satisfactorily but we have been approached by another firm. We believe it would be to our advantage to utilize a local firm as opposed to the Austin firm. The fees are the same at 15% on the amount due after July 1st. We bel ieve the firm of Stubblefield, Brister and Schoolcraft is a good choice and recommend that. We would like to be able to notify the present firm so that we could go with the new firm by July 1st. Mayor Sawyer said we always like to do business with local people. '9 Discussion of P&Z recommendation to appoint Joe Potempa as Vice-Chairman of Planning & Zoning Commission. Mayor Sawyer advised that Council has known Joe Potempa for several years and he has served on P&Z for two and a half years. He then asked that this item be on the next agenda. '10 Discussion of Schertz Business Club contract. Mayor Sawyer said Mr. Shriver had informed him the Business Club is happy with the contract and he saw nothing wrong with it. This item will also be on the next agenda. '11 Discussion of P&Z recommendation on Elm Street R.O.W. Mayor Sawyer said that this is the part of Elm Street that the City has to maintain and he recommended selling the property. 1\ 1. af~ ):1. . P 'f \ Mr. Sweatt said that as the subdivision developed, we were left with excess right of way. There is no need for this right of way as the street cannot be extended. We have been maintaining the property for some time and P&Z has recommended that we delete it. We would like to offer to sell to the adjoining property owners. Mr. Hartzog said that if somebody decided to build on this property, they would have to replat. Mr. Sweatt said we would solicit bids but we would warn the proposed property owner that it would require a variance. #12 EXECUTIVE SESSION: Mayor Sawyer called an Executive Session at 9:40 p.m. under Article 6252-17 Vernon's Texas Civil Statutes, Section 2 (e) to discuss with the City attorney pending litigation regarding annexation. The Special Session was reconvened at 10:03 p.m. 113 Consider action regardinG annexation litiGation. Mr. Greenwald moved to authorize the City Attorney to file a notice of appeal to appeal the order of the District Court in the City's annexation dispute with Garden Ridge. Mr. Hartzog seconded the motion, which carried with the fOllowing vote: AYES: Councilmembers Hartzog, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None #14 CITY NARAGER'S REPORr: A. As all have been made aware through the news media, the Edwards Acquifer table is continuing to drop. It is at the 633 foot level now which is in the level for a request for conservation. We have water conservation kits as part of our overall program and our staff is available to answer questions from homeowners. Mayor Sawyer said he is continually asked the same question - Is the City of San Antonio still dumping two million gallons of water a day into the San Antonio river and if so are they gOing to cut that down or are they just asking us to conserve. Mr. Sweatt said the City of San Antonio is also asked to reduce their consumption by at least 10%. We are encouraging our consumers to be mindful of conservation. B. there was a question concerning the midsection on Cloverleaf leading into Lone Oak and how did it get there. From the plat the entry was at the alley because the alley is in use. There was later another cut-off for the shopping center. What is happening now is that customers coming out of the shopping center are choosing to go against traffic to get to the cut-through. We looked at that and find that the best course of action would be ( '- - ---"") 197 to reduce it by about 22 feet in that area at an approximate cost to the City in man power and materials of about $500. We plan to do that. C. The small drainage project on Bubbling Sprinqs Road has been finished. D. The Economic Development Task Force will meet tomorrowniqht in this building and all are encouraged to attend. Have a speaker from the Texas Department of Commerce. E. The 1-35 Corridor Council will meet Friday in San Marcos and Mary Marsh and the city Manager plan to attend. F. Mr. Baldwin and the City Manager will attend a meeting with Mike Spain on Tax status of bondinq. #15 ITEMS BY COUNCIL: Mary Marsh: The president of the Oak Forest Community Council has asked how the research is goinq on the bridge. Mr. Sweatt said he and staff are researching past minutes to find out what went on and past commitments and hope to have an answer in two weeks. Barbara Stanhope: A. Reported on the Landscape Committee sayinq they now have prices so that if anyone wants to make donations, they can do so at City Hall. There is a requirement for a donation of $50 for the name to go on the plague that Mr. Willman made and donated. She advised that several donations have already been made. Mrs. Stanhope said she would particularly like to have the front of City Hall finished by Chr istmas. We had a donation of large quanti ties of plants, trees and hanging baskets etc. from Wall Mart. B. The Schertz Humane Society will be having a qarage sale Friday and Saturday from 9:00 until 3:00 p.m. at 625 Marilyn Drive. C. Also the Dog Dip will be June 10th from 10:00 until 1:00 p.m. at the Shelter. D. You may also know that the Housing Authority is actively seeking applicants for an Executive Director. If you know of anyone interested, please have them contact the office. F. Why did they not paint the bicycle path on Lindberg. Mr. Simonson said it is only a 30 foot wide street and Randolph is the one with the bicycle path. Mr. Hartzoa: A. Received a brochure on the Economic Development Fourth Annual Conference and think someone should attend. It will be held July 20-21. Also maybe someone from the Task Force should attend. Mr. Sweatt said he was familiar with the people that will be handling this and he felt we should look for another seminar. \ t-JS 5 ~ Mr. Baldwin: Asked the status of the two water tanks. Mr. Sweatt said the radio control equipment is on order and the booster pump is being completed. Mr. Bierschwale said the the line is tested and have not had low water complaints in Greenfield since it was turned on. Tank is sterilize and the lines have been purged. Mr. Greenwald: A. In discussing the proposed ordinance about children riding in back of trucks, Mr. Baldwin brought up about animals and we should be careful since a lot of agricultural land in this area. Mr. Sweatt said we do not believe there is legislative authority to make that sort of restriction. B. Fireman's Supper will be Saturday. Mr. Sweatt reminded Council that they were invited by the firemen to breakfast in the park the morning of the Supper. Mr. Baldwin said he was asked to give everyone an invitation to supper with the firemen Friday night also. Mr. Mike Spain said that the Edwards Water District has said that they will assist in capping of abandoned wells and if anyone knows of one they can contact them for help. Mr. Sweatt announced that 6:00 p.m on Thursday. , 16 IrBMS BY MAYOR: A. the Housing Authority. Due appointing Mrs. Esther Ware as fit in with the new law that is Judge Sagebiel will be here from 4 to We have a vacancy on the Board of to pending law, he recommended she is a resident and this will bound to be passed. '17 ADJOURBMEBT: There being no further business, Mayor Sawyer declared the meeting to be adjourned at 10:30 p.m. ATTEST: