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SPECIAL MEETING OF THE CITY COUNCIL
AUGUST 9, 1989
The Schertz City Council convened in Special Workshop Session,
Wednesday, August 9, 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 Hartzog; Hal Baldwin; Barbara Stanhope; Mary Marsh; and Ken
Greenwald. Staff present were City Manager Kerry R. Sweatt and
City Secretary June G. Krause.
II Discussion of items to be heard at public hearing with
the Planning & Zoning Commission on August 5, 1989:
A. Article XXV, Regulation on Non-Conforming Uses, Section
2, Change of use and Section 7, Change in ownership or tenant.
Mr. Sweatt reminded Council this has been discussed at one or two
workshop and we are now corning up for public hearing.
Council agreed it was time to go for a public hearing.
B. Article XXIII, Amendments, Section 2
This also had been discussed previously and was ready for public
hearing.
C. Article XXVI, Administration, Section 5, Adult-Oriented
Uses.
After rece~v~ng thanks for a job well done, Mr. Sweatt advised
that staff will be following up on licensing and regulations in
another ordinance later on. He said that all agencies have
passed ordinances at least as stringent as this one. The
Counties' will be similar to those in the cities.
D. Article XXIII, Amendments, Section 4, Public Notice and
Procedures for Amendments.
Mr. Sweatt advised that, as previously discussed and after this
publ ic hearing and passage of the ordinance, there will be two
separate public hearings on zoning matters. Planning & Zoning
will have one and we will give notice of both public hearings at
the same time.
#2 HEARING OF RESIDENTS: None
13 Discussion of the first reading of an ordinance amending
the Code by revising Section 18-76 providing for school zones on
FM 1518.
Mayor Sawyer advised that the City Manager had asked that action
on this ordinance be held for two or three weeks.
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Mr. Sweatt said this originally carne as a recommendation from the
Department of Hiqhways and Public Transportation. During earlier
workshop discussions, some questions were raised. We have
discussed this with the Highway Department and are goinq to
discuss with the Traffic Engineer. We hope to be able to work
this out with the Hiqhway Department and leave the school zone as
it is. We would like to enlarge the zone but the Hiqhway
Department is reluctant.
Mayor Sawyer said this item will be table until Mr. Sweatt has
the differences worked out with the Highway Department.
'4 Discussion of the final reading of an ordinance amending
the Code by revising Sections 18-75 and 18-76 providing for
extended school zones.
Mr. Hartzog said he was opposed to the 20 miles per hour school
zone for Schertz Parkway. He said he did not feel it necessary.
He said he was on the fence post about Elbel Road at this time.
Schertz Parkway is a major thoroughfare and we should extend the
sidewalks on Elbel Road.
Mr. Greenwald said his reluctance with 20 MPH on Elbel is that
the kids coming out of the High School parkinq lot do not obey
the 30 MPH speed, so why would we think they would obey the 20
MPH speed limit.
Mr. Sweatt said the point of lowerinq the speed limit throuqh the
school zones is to try to make all people aware of the schools
and to drive safely where children are coming out onto the
streets. He said we bel ieve the postinq of school zones will
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have a positive affect on driver's conduct. We could cut the
time limits in these areas to 7:45 to 8:45 in the morninqs and
3:00 to 4:00 in the afternoons. We do feel Randolph Avenue does
need some special attention, by moving the zone about two blocks
down the street. The original recommendation for Schertz Parkway
called for it to be all the way down passed Pecan Drive; but we
have discussed decreasing that. The Elbel Road zone will be from
the fireplug all the way north to just past the GVEC Sub Station.
Mr. Baldwin said the most effective zone was on Randolph where
the Crossing Guard rolled the siqn out into the middle of the
street.
Mrs. Marsh said she agreed that enforcement is the answer and
stiff fines are the only way to qet their attention.
Mr. Baldwin said that even if you cannot enforce the 20 MPH, you
still need to set the zone because of possible liability to the
City. That way, we would be trying our best to control traffic.
Mrs. Stanhope said at first she was hesitant about zones on
Schertz Parkway but she noticed some of San Antonio I s major
thorouqhfares have numerous school zones.
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Mr. Hartzog asked about a school zone on Lindberg.
said we would take a look at it after school starts.
Mr. Sweatt
Mr. Sweatt said the other part of the Code we need to clean up is
that it shows a 30 MPH school zone on Jack Haysj and it is no
longer recognized by the Highway Department. If there is a need
for this later on, we will work with the Highway Department on
it.
Mr. Greenwald said, in that respect, we still have the school
zone on FM 78 but FM 78 has been designated as a hazardous road
by the School District and the children are bussed.
Mr. Sweatt said one concern is not so much the pedestrian
crossing, but people walking along the shoulders of the roadways.
That does fit the Highway Department criteria for slowing
traffic. He said when he meets with them on FM 1518, he will
talk to them about Jack Hays and FM 78 also.
Mr. Hartzog asked if the City could look for a grant to put in
sidewalks on Elbel Road; and maybe get the schools to investigate
a grant also.
'5 Discussion of the final reading of an ordinance amendinq
the Code, Section 18-131 Traffic Safety Hazards.
Mr. Sweatt said this ordinance sets up a triangular zone on
corner lots. If the property owner will not remove the bush,
tree, etc., we can file a lien against the property for removal.
If a bUilding is in this zone, it would be non-conforming. If it
were taken down, then it would not be replaced.
'6 Discussion of the final reading of an ordinance amending
the Code, Section 2-8 Competitive Bids for purchases and sales;
bidder's security.
Mr. Sweatt advised that the purpose of this ordinance is to
change the current ordinance by raising the limit up to $5,000
from the present $3,000 for securing bids on purchase of items
for the city. We currentl y require any purchase in excess of
$3,000 to have formal bids. We would continue to solicit bids on
informal basis for items under $5,000.
'7 Discussion of the final reading of an ordinance adopting
a Water Manaqement Plan.
Mr. Sweatt commented that action is being taken throughout the
Metrocom area on this subject as we are all facing the same
problem. We believe a united approach to be best. Stage 1 is
Water Awareness, initiated when the water level is at 628 feet.
Stage 2 is a Water Watch, initiated when the water level is at
628 feet. Stage 3 is a Water Warning, when the level is at 612
feet and call s for mandatory conservation, with a surcharge of
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$2.00 per thousand gallons in excess of 15,000 gallons and calls
for alternate days waterinq of lawns. Stage 4 is a Water
Emerqency, call inq for a 30% reduction in usage and a $3.00
surcharge for usage in excess of 13,000 gallons and prohibits all
non-essential water uses. This staqe also calls for water
rationing and pressure reduction, if necessary. At this staqe, a
very serious condition exist. Mr. Sweatt recommended this be
placed on the next aqenda as we are now in Stage 2 and almost to
Staqe 3.
'8 Discussion of recolDIDendations of the Planning Br Zoning
Commission on the Cosaic Futures, Inc. Subdivision.
Mayor Sawyer advised that the Council toured this subdivision the
previous niqht.
Mr. Hartzog said he would not disaqree with the size of the
streets, if this thing is approved he wanted the 100-year Flood
Plain to be identified by an engineer, any enqineer, as long as
it is approved by FEEMA. He thouqht Council should not authorize
the plattinq of this property or sellinq of any lots until the
map amendment is approved.
Mrs. Marsh aqreed, sayinq that when Mr. Decker was at a workshop,
did he not say that the survey has been completed but he has not
received it yet. She added that everything hinges on that
enqineer's survey and the establishment of the Flood Plain.
Mr. Sweatt said Mr. Decker told us he tried to
to take data from the approved plat and do
surveys to determine if those plats and the
correct.
qet his enqineer
some preliminary
information was
Mr. Sweatt said what he thinks Mr. Decker is trying to qet
Council to say is that here are thinqs that are exceptions and if
he knew that the City would aqree to accept those, being
different from the current requlations, he would proceed with
acquiring this property and brinq it up to meet all the other
conditions. Mr. Decker is simply wantinq the City to say we will
accept a street of certain width or whatever.
Mr. Greenwald said that P&Z pretty much concurs with most of what
he asked for. Some thinqs they can not aqree with because, for
instance, he wants to give us the easements, when he does not
even know where the easements are located. Mr. Greenwald said he
did not see anythinq wronq with Council accepting the easement,
if he knows for sure that is where the lines are.
Mr. Baldwin said the Council needs a list of everythinq we feel
is wronq with the property, and say what we agree we will allow
that is wrong with it, and those things that he has to fix. Then
he has to look at those thinqs that need to be fixed and decide
if he can afford to do that and buy the property or not.
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Mr. Sweatt said the list given with the proposal covers just
about everything but the Flood Plain.
Mr. Greenwald suggested adding one item to the list - that being
that he must have the amended map first, as approved by FEEMA.
Mrs. Marsh said that being the case, she would recommend that
Council take under consideration and go ahead and prepare a
document, telling him what we would permit and what we expect of
him before any action is taken.
Mr. Hartzog asked about condemnation. Mr. Sweatt said we have
the authority, even outside our city limits. He said at this
stage he did not feel it would be necessary. He had talked with
Mr. Decker, who fel t all the property owners are in agreement
with the exception of one lady.
Mr. Willman said Council will have Mr. Riedel involved with the
entrance from FM 78. Our ordinance states that mobile homes must
be set back 25 feet from the public street so those mobile homes
that are there now are illegal.
Mr. Baldwin said that street is a private road and not a public
street so it could be grandfathered.
Mr. Sweatt said what staff has suggested is to have this on the
September 5th agenda for action. We would have this on the
agenda of the August 30th workshop and have Mr. Decker present.
Mr. Sweatt said whether or not Council takes final action is not
vital but this way we will have something to shoot at.
Mr. Sweat said there are currently two resolutions, on either the
plat or deed records, that basically says we will not accept
anything. One of the things is that we will have to remove those
from the plat or deed records. Nothing can happen until this is
accomplished.
'9 Discussion of ratifying City Manager filing preliminary
application for Energy Management Grants.
Mr. Sweatt said we have made application to the Governor's office
of Budget and Planning for two separate grants. One of which is
very explicit, we have completed the paper work and are calling
for a resolution on Council's behalf. As we understand, the
Energy Management Center is funded through some oil overcharge
fines or forfeitures that were made by the State against a number
of oil companies for overcharges in the past. So there is a pool
of money that is the result of payments by oil companies for
overcharges. They have set up a request for Energy Management
Programs, new and innovative programs. We submitted a
Centralized Fuel Management Program basically a computer
control for gas and diesel. Estimated total cost of the project
is $45,000. This is an item that we very definitely need. This
seems to be a good candidate for this kind of grant. We believe,
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for a city of this size, it is very innovative approach.
Therefore, we have asked that you pass a resolution in support.
The other program we are still developing. This one we really
believe has a lot of potential. As you know GVEC has a peak load
program. In the homes today, some 6,000 accounts have that
automatic device, shuttinq off the account when the load reaches
the peak. For commercial accounts such as the City, we obviously
cannot shut down, since the peak time is about 4:00 to 7:45 in
the afternoon. What we could do is put an auxiliary generator on
and when the siqnals says it is time to conserve enerqy, we could
say fine, cut us off from GVEC lines and exercise our auxiliary
generator to power up our buildinq for that period of time. It
makes sense. We believe $20,200 grant would implement the
proqram and qet us a qenerator that we are in desperate need of.
We have submitted a letter to reserve our place in the process,
to ratify both applications iand if they will recognize our
letter and hold our place in line, then we will corne back to
Council for another resolution.
, 10 Consider and take action on a resolution stating a
commitment to proposed grant projects.
Mayor Sawyer introduced a resolution and read the caption as
follows:
RESOLUTION NO. 89-R-7
A RESOLUTION BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS, STATING THEIR COMMITMENT
TO SUPPORT THE FLEET MANAGEMENT REFUELING
SYSTEM.
Mr. Hartzog moved to adopt the resolution stating a commitment to
proposed qrant projects. Mrs. Marsh seconded the motion, which
carried with the followinq vote:
AYES: Councilmembers Hartzoq, Baldwin, Stanhope, Marsh and
Greenwald.
NAYS: None
#11 CITY MANAGER"S REPORT: A. In reqards to a question
that has been raised, we have secured information and furnished
to you in your packets a description of a proposed 16" pipe line
that is going through our community. It is a private refined oil
pipe line. It is fOllowing an existinq easement through the
Schirmerville area, cuts across FM 1604, FM 1518 then continuing
in a northeastern direction.
Mr. Hartzog asked if the line is on our tax roll and will the new
one be on the roll. Mr. Sweatt said normally companies like that
submit a rendition to all taxing entitiesi but he would check to
be sure.
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B. We are continuing to meet with Garden Ridge Water Corporation
regarding a. Certificate of Convenience and Necessity near our
storage tank and existing water lines outside our city 1 imi ts .
It appears we will request a Certificate of Convenience and
Necessity covering our tower site and portion of outside of our
city limits. We have some customers outside the city limit and
we will suggest that those customers be decertified to us so that
we can continue to serve existing customers. We will withhold
filing an objection until we can get this resolved.
C. Business Appreciation dinner on the 17th of August and the
YMCA Invitation Meet on the 12th.
#12 ITEMS BY COUNCIL: Mrs. Marsh: A. Gave an Economic
Development Task Force update, stating their guest was Todd Beebe
who has been a Commercial Industrial Realtor for 14 years. The
Marketing Committee brochures are due in by the 21st. After that
they wi II start on the v ideo. They talked about marketing ,one
item being the race track and the problems they are having
acquiring the property for that. They discussed forming a
coalition of cities to go up and talk to the Governor about what
an economic boom that would be to all the surrounding cities.
The Contact Team is still pursuing gathering of all their
information and by the time they get through they will have an
excellent package. Community Relations - Discussed the Business
Appreciation Dinner and they have gotten 35 or 40 surveys back
and hope to have that done before too long. Public Relations -
they talked about the news releases going out now and the
proclamation. Mr. Beebe was very impressed with our efforts and
it appears we are doing all the right things. The Texas
Department of Commerce is about the most important contact
available and you can not do it on your own I you have to use
state offices. An Industrial Familiarization Tour is corning in
october. Schertz and Cibolo will have a total of about 30
minutes. It is a very structured type thing, with everything
planned in advance.
B. How do we stand on the census. Mr. Sweatt said we have been
communicating and have receive information from them. Steve
Simonson is our designated contact and will be going to a meeting
soon. We continue to supplY data to the Census Bureau.
Mrs. Marsh asked if there are going to be designated people to
work with these people. Mr. Sweatt said yes, we have furnished
names. They have requested a place to interview census takers
and we have agreed to that.
C. The Swim Team project has been very successful and the members
thanked the sponsors for their support.
Mr. Hartzog:
Appreciation
Schertz.
A. If there is any food purchased for the Business
Dinner, he recommended that it be purchased in
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B. He was concerned when he noticed in the paper that Universal
City has dropped out of the United Suburban Cities. He asked if
there are any problems. Mayor Sawyer said he attended a meeting
with Mr. Sweatt and was not very impressed with some of our
friends on the other side of the creek. Mr. Sweatt said he did
not know the reason.
C. Are we going to get the Metrocom maps. Mr. Sweatt said they
have secured funding and we have submitted our revised maps,
showing our city limits and new streets. They are movinq forward
with the project.
D. The Corridor Council - the Metrocom got money from Wal Mart
to represent the Metrocom on the Council. Do we want to be a
votinq member or can we reduce to the $500 membership. Mayor
Sawyer said he feels that if we have the opportunity to take a
leadership role, we should take it. We have someone to
adequatel y represent us and we should be a voting member. We
have about 14 miles of I-35 frontaqe, countinq both sides. Mr.
Sweatt said we have included the $1500 for the votinq membership
in our budget. Mr. Sweatt said he felt it was well worthwhile
because of our frontaqe. Many of the other cities do not have
direct frontage on 1-35.
E. The water pressure was down on Sunday. He asked if the
booster pumps have been turned on yet. Mr. Sweatt said yes, but
we do not have radio controls in, today it is manually
controlled. We have had problems with the elevated storage and
have had a lot of breaks this summer.
F. He said he thought staff did an excellent job on the budqet
packaqe.
Mrs. StanhoDe: A. She thanked staff for getting the area around
the bridqe cleaned up.
B. The Doq Dip will be held on the next Saturday at the Animal
Control Shelter.
Mr. Baldwin: A. Reported on the Guadalupe County Appraisal
District meeting, saYing they did adopt a budqet that is $10,000
or $11,000 less than last year. There was a long discussion on
the appointments of the Appraisal Review Board. This requires
people that have some knowledqe of real estate - we need to be
sure the people are qualified. There was discussion that perhaps
some are on the board just for the pay, they get $75 a day and
sometime only have three appointments.
Another thing is they got concurrence to send letters to all
taxing jurisdictions to discuss the feaSibility of consolidating
collections. There was no opposition; however, there were some
comments about who would do the collecting.
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Mr ~__QreenwC!..l.g: A. There was a meeting of the CVADAC on Monday
night. They are meeting in the new building and are concerned
about the water and electric billing. GVEC checked, and the
bills went down about $80. They can't locate the water meter.
Mr. Baldwin advised that the School District has just approved
the Sheltered Workshop for handicapped adults to go in that
building. Perhaps they can share some of the costs.
# 13 ITEMS BY MAYOR: A. Coors is having trouble getting
recycl ing plant open in San Antonio. Maybe we should contact
them to look out here again.
B. Al though Universal City does not want Alamo Iron Works, we
should write a letter asking them to move to Schertz.
C. The Swim Meet is on Saturday from 8:00 to 12:00 noon.
D. Met with our new Housing Authority Director, Mr. Porter.
Mayor Sawyer said he will be requesting that Mr. Porter meet with
Council in the future. He has some good plans for the Housing
Authority. He knows our interest is strictly in senior citizens.
Mr. Sweatt announced that he will be out of town over the weekend
and that Mr. Simonson would be in charge.
#14 ADJOURNMENT: There being no further business, Mayor
Sawyer declared the meeting to be adjourned at 9:21 p.m.
ATTEST:
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