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ccswks 08-26-1987 ( 219 r- i SPECIAL MEETING OF THE CITY COUNCIL AUGUST 26, 1987 The Schertz City Council convened in Special Workshop Session, Wednesday, August 26,1987, 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; Charles B. Sharpe; Hal Baldwin; and Ken Greenwald. Absent: Hal Baldwin and Ray Stanhope. Staff present were City Manager Jimmy G. Gilmore and City Secretary June G. Krause. r- #1 HEARIRG OF RESIDERTS: Bexar County Commissioner Bob Lee was pres ent to' br'ing CouIic i 1 up to da t e on the CDBG prog ram, which is a three year program. During the first year they asked for projects and had about 12 or so. Every project was funded in some respect. The Rittiman project was one of them and Ford Engineers were hired to do an engineering study. This took about six months to complete. The study identified a list of needs, with water and sewer being primary needs. Both are equally necessary; but you have to have the water lines first, then s ewe r. Commis s ioner Lee went on to say t ha t about three years ago, they came to the City of Schertz and asked that our population be included with theirs. He said it is ironic because now that the needs for Rittiman Addition are identified, they find that the City of Schertz has the PUC jurisdiction for providing water to that area. He said that as the CDBG program progresses in the second year, based on the engineering study, they are in a position to help fund the needs identified. (f), ~~) 1;3.1 Commissioner Lee said the problem is that, in order to provide water, they have to be able to contract with some utility to supply the water mains. Since Schertz has jurisdiction, they are now coming to Schertz. He said they have not researched all the legal ramifications as yet but their first choice is to come to the City of Schertz to see if we would be interested in providing the administration and install the water lines. He said it would be to see that the job is completed whether by contracting or s.ubcontracting. Commissioner Lee said Schertz is not only the logical, but perhaps the only, legal choice they have. Rittiman Addition cannot contract themselves but they can contract with the City. He said basically they wanted to let the City know that the money has been allocated, and for the City to consider the proposal. He went on to say that they have hopes that once the water lines are installed, then next year they could install the sewer lines. They could go to CCMA to contract with them for the sewer. Council said it sounds good to them. Commissioner the Council. in writing. water. What Lee said he did want to be up He said they would be glad to He s aid the y c 0 u 1 d no ,t g i v e they think they will have to do front as can be with provide more details a grant to provide is make the $139,000 220 a loan, rather than a grant. He said he was not sure how this would fit into the City's debt service plan. He went on to say that assuming the City would be willing to accept a loan, the Commissioners Court would set down with staff and work out some type of low-interest, short-term type of loan taking into consideration the City's ability to pay and the time involved. Once the water mains are installed, the revenues coming back into the City would be the basis of repaying the loan. Once the loan was repaid, they would take that money and perhaps be able to do the same thing with the money with CCMA for sewer lines. This would be the beginning of a revolving loan fund that could be used for other things. Mayor Sawyer said that before Council could make any kind of decision, they would need to know how many customers in the area, how much water line and when the City might annex, because then the billing would be decreased. Mr. Sawyer said that if the City borrows this money and then cannot pay it back in the length of time required, it would have to be taken out of tax money of the people now residing in Schertz and that would not be right. Commis s ion ~ee sa id th is is very pre I iminary, wha t he want ed right now is at least some indication of Council approval to begin to work out the details. The City could always reserve the right to withdraw at any time. He just wanted some type of concensus from Council to start working with the City Manager on the details. After checking with Council, Mayor Sawyer Manager that he had the authority to start Commissioners Court on this project. advised working the City with the Mr. Baldwin asked if this project includes both sides of FM 1518 and was told that it does. Mr. Sharpe asked if the State legislators passed a bill for about $4,000,000 for grant and loans for water and sewer use. Mr. Lee's assistant said the State has designated certain areas. She said they have asked for those areas designated in Bexar County but have not received them as yet. Mr. Baldwin asked if there was any hope for Lakewood Acres. Commissioner Lee said they need roads more than water. The developer did not bring the roads up to County specifications. As a results, the roads deteriorated to a point where they are almost impassible. Mr. Lee said they are about to lose the school bus and maybe even EMS because of their roads. The problem is that the County cannot put any money out there unless they are County roads; and the County cannot accept them unless they would pass a policy where they could to the same to like subdivisions. There is a possibility of putting all these subdivisions on a bond issue sometime. Mr. Baldwin asked about putting them on an assessment program. 1':~,,~ .,h.,Z ..&;ift \ D o D i 221 I Mr. Lee said the County can not do that. They asked the last legisl~tion and they said no because it is too much like ordinance making. Mr. Lee said they are working on the problem and hope to have it resolved within a year because they really do need their roads fixed. Mayor Sawyer told Mr. Lee that Council has instructed Mr. Gilmore to work with them on the Rittiman Project to see what it will eventually cost the City. Mr. Lee said he imagined from 3% to 7% on a 5 to 10 year pay back. Mayor Sawyer thanked Commissioner Lee apprising Council of the situation. for coming in and 2. Ms. Esther Geffert addressed Council, saying her mother and sister both live in Rittiman Addition. She said she understands both the County's and City's point of view but, the addition does have an immediate health h~lZard. According to the study made, the water is contaminated. She said whatever is decided, the problem still remains. Mayor Sawyer thanked the representatives of Rittiman Addition for coming to the meeting, saying they are always welcome. Mayor Sawyer then called for a recess at 7:30 p.m. I I . The Special Meeting was reconvened by Mayor Sawyer at 7:37 p.m. B. Mr. & Mrs. Steve Jones and Mr. & Mrs. Henry Stultz were present representing the Southeast Randolph Property Owners Association and asked about the water situation in their area. 62' tt 3 /81 Mr. Gilmore said staff is currently looking for land in the area for a water tank. We have been talking with two separate parties. The Council has approved a 500,000 gallon storage tank in that area. We cannot put in the distribution lines until we get the tank in. If the first people say no, then we have an alternate location in mind. Mayor Sawyer advised that the City just sold also put in a tank on East Live Oak Road. He want to advertise that we are looking for because people will jack up the land price. some bonds and will said that we do not land in their. area Mr. Gilmore said the money is set aside for the tank. We will continues to negotiate with the people until they say no. Mrs. Jones asked about the grant application. r ! I Mr. Gilmore we had a letter saying they had reviewed the application and said we did not qualify for a grant; but we are still negotiating. They also say our city is not rural; but we were not talking about the entire city but a specific area that 222 \i~ Kof\ ' ~ ~ \ is rural. Mr. Gilmore suggested these people contact their state legislators and send letters. Mr. Gilmore said that Captain Anderson, the liaison for foreign D students at Randolph AFB, has asked if he could intern with us. Mr. Gilmore said he thought that, would be a good idea and we could get him to work on this problem, by pursuing from different ang les . Mr. Gi lmore said they have not been forgot ten, Counc i 1 has acted, to start getting wat'er to the area. It i is hard to predict but we are maybe only looking at one or two years. Mayor Sawyer said he felt it safe to say that there would be a storage tank out there by the end of 1988. Mr. Gilmore said with the 6 inch line to tie into the tank, it would take 16 hours to fill from the bottom. Once it is filled, he did not think the area would be using 500,000 gallons a day. #2 Di.cas.ion of p~oposed ordinance regalatins enclosure of junk or sal.ase yard aDd the acreenins of sarb_se storase areas. Mayor Sawyer reminded Council they had a letter of recommendation from the Planning & Zoning. He said if it is legal, he thinks it is pretty good ordinance. Mr. Baldwin asked what prompted this recommendation. Mr. Gilmore said the old ordinance just did not have any ~eeth in it. Mr. Sharpe asked if this was approved was 120 days enough time to 0 get the present businesses to comply. He said he did not have a problem with extending the compliance to 180 days or even one year. Mr. Sharpe also had questions about the portion concerning screening of garbage dumpsters, as there was nothing in the ordinance showing how the trucks would get to the dumpster after screening. Mr. Greenwald said that is up to the owner of the property. Mr. Greenwald said if it could not be done, ther~ are proyisions for a variance. Mr. Gilmore suggested adding another paragraph saying screening of dumpsters will be built in such a way as to allow easy access for pick up. Mr. Baldwin said he could see a lot of problems. knocks down a fence, wbo pays? Suppose a truck Mr. Sharpe asked if the City had received any input from bus ines ses on this propos a 1. It wou Id be eas ier to ge t the ir inpu t before pas sage, rather than wai t unt i I af terwa'rds ,a t the time of enforcement. Mr. Baldwin asked what was dumpste'r can not be seen yes, and it was realized possible screen because of meant by screening - is it so that the from the s tree t. Mr. Greenwa ld sa id that some property owners could not the layout of the land. D 1" ....."ii,.~" ''';::ni,,;.'/:::. r Mr. Sharpe said he really did not have any problems with the whole ordinance if something could be worked out so that it would not place a hardship on the businesses. Mr. Baldwin said he would have no objections if it only applied to new businesses. Mayor Sawyer suggested more study of the ordinance and discuss it again at the next workshop. Mayor Sawyer asked that this be placed on the Bell Ringer list. #3 Discu88ion of a.ending the Zoning ordinance Article XIX Overlay di8tricts, Special Overlay District Jack Bays Blvd. and Special Overlay Di8trict Schertz Park.ay. Mr. Greenwald advised that there have been problems with bandit signs of housing developers. After much discussion, P&Z agreed to change some of the wording to still allow 10 signs with one additional sign at the entrance to the subdivision. There was also a problem with the time limit. As there were no Sawyer asked that reading. questions on it be placed this proposed on the next ordinance, agenda for Mayor first r #4 Di8cu88ion of a..nding the sign ordinance, Article III, Definitions and IX Per.its. Mr. Greenwald said the original ordinance did not specify a few things and the first people that came in saw a few loop holes, so this amendment addresses those problems. Mayor Sawyer also asked that this item be placed on the next agenda for first reading. #5 Discu88ion of fees for Bngineering Service. Mr. Gilmore said that in 1984 when the fees were accepted from the engineer, they neglected to include gross salaries. The multiplier is still the same and the only salary increase is their new engineer. Mr. Gilmore said Converse had received fee schedules from several engineering firms before deciding to renew Ford Engineering. There was a comparison table enclosed for Council review showing we are still better off financially with Ford Engineers. r ( \ Mr. Baldwin asked if staff is satisfied with the work of Ford Engineers. Mr. Gilmore said yes - there was a small discrepancy at first but it has been resolved and things are going well now. ~ 11. &,c, I;; /~1 <t1,(;~b JII ~?, /'l' J ~, tt 1, u? /3~ ~~4- ~~ ~l\' ~ \.'l5 ~ \j ~~~ ---.. Mayor Sawyer asked that this item be on the next agenda for consideration. 16 City KaDagert. Report: A. Mr. Gilmore said there have been several problems with Woodla"nd Oaks, Unit 2. Two streets have been patched a number of times. The City has refused to accept these streets. There are two alternatives - either have them seal coat the streets, which will disrupt the citizens with the problems of rocks, etc.. This is the best solution. The other sOlution is have the developer come up with a check to the City in the amount of what it would cost to do this work and place the money is escrow to be used in repairing streets as needed. Mayor Sawyer said the City is not going to accept dedicati'on until the streets are done right. Mr. Greenwald said that if the developers seal coat and it does not work, we still do not have to accept the streets. Mr. Gi lmore reminded have trouble getting the problem is that bankruptcy. that once a developers goes out, we will anything done. On Starlight and Dimrock, the engineer that did this work has filed Mr. Baldwin asked the specific problem. Mr. Gilmore said that it was improper base over water lines. They had to cut the street to put in additional lines. Mr. Gilmore said he felt seal coating is the best solution. Mr. Sharpe asked if they could only do half the street at one time to help alleviate some of the inconvenience to citizens. Mr. Sharpe also asked what could be done in the future to insure this does not happen again. Mr. Gilmore said what was done to people who did something like this in another subdivision was to make him go back in and bore deeper on some new streets prior to aspbalting. Mr. Sharpe suggested setting some more stringent standards on building streets. Mr. Baldwin asked what the engineers involvement is on this. Mr. Gi lmore sa id norma 11 y we getk a s epar~ t e eng inee r - one who is not connected in any way to do a test. It has to be,' an individual testing agent who comes out and test. Normally they go to the base and the problems have been in the sub-base. Mr. Baldwin suggested that if developer cuts the street, then he should put up a bond. Mr. Gilmore asked to let him see what he could do about this. He then asked if Council would go along with seal coating and was told yes. B. Mr. Gi lmore adv is ed tha t since we Bexar County, more tickets are being have taken in written there. parts of We are .~ / ,.-- having people appeal the judge's decision. Bexar County will not handle these appeals unless we have an attorney present. Roy Richard has talked to a young attorney who will handle these in Bexar County. We do not get any money out of these Bexar County appeals. Mr. Greenwald asked to find out why they are turning down the cases unless we have an attorney there. Mr. Sharpe asked about how many cases we are talking about. Mr. Gilmore said that right now two or three but if we don't have an attorney, there will be many more filed. Mr. Sharpe suggested month until the end reevaluated. letting of the the attorney spend $150 or so a year, at which time it can be C. Mr. Gilmore said new Senate Bill 267 now permits the Tax Collector to charge up to $10.00 for Tax Certificates. At the present time, we are charging $4.00 and issue an average of 35 tax certificates a month for an average of about $140. The increase to $10 would be about $250 a month. Mr. Baldwin explained the speed with which the computer could issue a tax certificate and said it might be time to consider asking to tie in with either the School District or Appraisal District. Council concurred to go with the $10 fee now and if later the City does tie in with someone, the extra fee can be dropped. 17 Itea. by Council: Mr. Sharpe ment ioned a sign on a power pole on Elbel Road that is very high that needs to be taken aown. Mr. Sharpe also said that Vaughan Homes has a new model home with a high fence all around the home. He asked if a variance had been issued as this could hamper firemen or EMS people. Mr. Gilmore would check this out. Mr. Sharpe said he had talked with Mr. Gilmore about Mrs. Elvira Hild and her property off I 35. She had called Mr. Sharpe about getting water. She is right on the line between the City and Green Valley. Green Valley's line is closer to her property. She paid $580 in 1981, for stubout, to Green Valley. r- Mr. Gilmore said our worry is about blowing our agreement with Green Valley but if her stubout is there and paid for, then we should consider her as a customer of Green Valley. Mr. Sharpe said the City should send a letter to Green Valley saying since she has taps, we will consider them a customer of Green Valley. Mr. Sharpe also suggested we try to find out how many other people have paid for taps to Green Valley. 225 q 1. t 10 /'11 tJ1,,1( (6/ ~ 161?- J5q ~/),b13 131 226 \g~~ ~\. . ~ , 0'0 \. ~ltJ ~l\\~ \ ~\g ~~~ ~ \~ ~{\ (X) l\ ~ \ 'O't:! ~ \;\~ V\l \ It)\) ~ ~~~ ~~ .l. .. \ Kayor Sawyer said if we start dickering until are agree'DIent is settled, then we could jeopardize our agree'DIent. Kr.Gil'DIore said he would check out the legal aspects since they have had the tap for years. o Mr. Baldwin asked to be sure the taps are just for residential. Mr. Baldwin 'DIentioned that the SCUC School District is now selling football season tickets. ~r. Greenwald said that Planning . Zoning had discussed the proposed joint 'DIeeting with Council tentatively to be set up for October 14th. They would like to se~ what Council sees as five to ten or fifteen years develop'DIent plan and what P&Z can do to ~ help. Mr. Greenwald said Mrs. Marsh had brought up about Oak Forest Unit 1 water lines being of PVC pipe and they have had a lot of blowouts. San Antonio has sued and won on ttiis sa'DIe thing. Mr. Gil'DIore said Northcliffe has had the sa'DIe proble'DIB and has a~ked if the City wants to join the'DI in a ~uit. ,Richard H.rris. has talked with their attorney and it is being pursu~d. This is the s'DIaller PVC pipe that goes into the houses. We have it allover the City. Mr. Greenwald asked if we had anything back on the Northcliffe bond indebtedness. Mr. Gil'DIore said that To'DI Anderlitch will not be back in town for another two weeks but he will continue to check on this. o Mr. Greenwald said he noticed in the last TML 'DIagazine, an article stating one of the new tax services exter'DIinators. If they have a Bexar County license and in the, Ci ~y of Schertz, does Bexar County get the tax? Sawyer said that it is sO'DIeti'DIes hard to collect taxes type of operation. there is is on do work Mayor on that #8 Ite.. by .ayor: find out how 'DIuch 'DIoney police vehicles. Mayor Sawyer asked the City Manager to the City pays for the decals on the Mayor Sawyer also said he will have a 'DIan contact st~ff the following Friday concerning a City logo - will deter'DIine what we want and give us an esti'DIate on costs. Mr. Sawyer announced tha t have a Fun Fes t. It wi 11 but they hope to enlarge ~i'DIilar to the New Braunfels on October 4th, the VFW is going to be v~ry small affair this first ti.e it ,1nto a very nice annual affa1r Wurstfest. Mr. Stanhope arrived at 9:32 p.'DI. o I. ~;~ .Ii "'.,''01; ;ilI I 227 r 19 Adjourn.ent: There being no further bus iness to come before Council, Mayor Sawyer declared the meeting to be adjourned at 9:35 p.m. ATTEST: I City r- -- ,