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ccswks 05-28-1986 150 SPECIAL MEETING OF THE CITY COUNCIL MAY 28, 19a6 o The Schertz City Council convened in Special Workshop Session, Wednesday, May 28, 1986, at 7:00 p.m. in the Conference Room of the Municipal Building, l400 Live Oak Road, Schertz, Texas. The following members were present: Mayor Pro Tern Ken Greenwald, presiding; Charles B. Sharpe; Hal Baldwin; Ray Stanhope; and Adolph Aguilar. Absent: Mayor Earl W. Sawyer. Staff present were City Manager Jimmy G. Gilmore and City Secretary June G. Krause. Mayor Pro Tern Greenwald welcomed everyone to the workshop session. He advised that because of the large number of citizens, he would move the meeting across the hall to the Council Chambers and while the people were moving Council would go into executive session under item #l. #l EXECUTIVE SESSION: Mayor Pro Tern Greenwald called an executive session under Article 6252-l7 Vernon's Texas Civil Statutes to discuss possible water system litigation with the City Attorney, at 7:01 p.m.. The special meeting was reconvened in the Council Chambers at 7:31 p.m. Mayor Pro Tem Greenwald advised that the Council had consulted with their attorneys, and then called for a motion. Mr. Aguilar moved to authorize Mr. Gilmore to sign necessary 0 legal documents concerning pending litigation. Mr. Baldwin seconded the motion, which carried with the following vote: AYES: Councilmen Sharpe, Baldwin, Stanhope and Aguilar. NAYS: None #2 HEARING OF RESIDENTS: Ms. Rita Sabo, representing Retired Senior Volunteer Program (RSVP), said they wished to sell caps at the Schertz Jubilee on July 4th. They were asking permission to use the city logo "Schertz, The Friendly City" on their caps. Council could see no problem with this suggestion. # 3 STATE DEPAR'l'MENT OF HIGHWAYS AND PUBLIC TRARSPORTATION: Mr. Greenwald said this is to be a joint meeting to discuss this item with the Planning & Zoning Commission and the people who own businesses along F.M. 78 in Schertz. He then introduced Mr. Walter Ehlers of the Highway Department. Mr. Ehlers said he wanted to discuss what could be done with FM 78. The last public participation meetings on this subject were in 1972 and again in 1974. There has been a tremendous increase in traff ic since those surveys were done. The projected daily traffic for 1990, at that time, was l8,000 cars per aay. We are 0 n<;>w. up to .14h, 900f cars per lddaYh just easbt oafo tfhe CibOldO creek.f Thhe . m1n1mum r1g t 0 way wou ave to e eet an some 0 t e ''f, 'i~L~i~iiH'21R~~'WmiFfjf:~tli:~,_,~-' : ~,; ~. . ~.,,!, ~~,r"l~=-a;~:;;-:Ct-- -" ~} .:~:~:Jl;k;:~t~~~;~ '" ~ / ,-- r--- ,---. l 151 !existing right of way is only 45 feet. It would be expensive to Ilobtain up to 80 feet. Mr. Ehlers said the minimum they could get approved would be four lanes with a continuous left turn lane in the middle. He said they are completing one similar to this ~oncept on Topperwein Road at present. Mr. Ehlers said that to 'I'take care of drainage, the road would have to have curb and Igutters and also have to have storm sewers as well. IMr. Gilmore asked if there was any possibility of sharing a portion of the railroad right of way. Mr. Ehlers said that would Ibe between the City and the Railroad company. In past experience tith the railroad, they want 100 feet of right of way and that is lall that they have through Schertz. He said construction could ~e with curb and gutter on railroad right of way. .~r. Baldwin asked what time it would take and how long would the usinesses be impeded on FM 78. Mr. Ehlers said it would depend on the weather, the right of way and the kind of grade changes ~hat would have to be made. i ~r. Gilmore said it looks like the Highway Department is coming lout from Seguin with four lanes and they already have four or ~ive lanes west of the creek - has any thought been given to the ~ottleneck in Schertz. Mr. Ehlers mentioned past discussions ~ith the Councils on this subject. ~r. Gilmore asked if everything was taken care of - right of way obtained, etc. - how far down the road would we be looking at bef ore the Highway Department would be ready to start. Mr. . hlers said the soonest would be three years after the right of ~ay was obtained. Mr. Ehlers said that if Schertz starts getting ~he right of way, then they could start on the planning stage. IMr. Stanhope asked about the bridge over Cibolo Creek. Mr. ~hlers said it would be f our lanes and high enough f or the lOO ~ear flood stage. .~r. Sharpe referred to the study done with regard to a By-pass in 1972. He asked if the State plans to do another study that would e a larger by-pass. Mr. Ehlers said one was done to take to ~ibolo but that was before Lone Oak and the sewer plant were built. I Mr. Baldwin ask if the cost to the City would be the right of ~ay, curb and gutters and storm drainage but nothing for the ~oad. Mr. Ehlers said that was right. I i iMr. Aguilar asked who is responsible for the west side of the pridge. Mr. Ehlers said that would be Bexar County. I pne of the businessmen stated pwners had sufficient frontage ray but a lot of the businesses that some of the FM 78 property to give up the required right of would be wiped out. 152 . Mr. Ehlers explained that the By-pass route was suggested to start east of Randolph Air Force Base, go down Zuehl Road and come back across the Beck property to Live Oak Road. He said n from Live Oak Road, the City has 100 feet of right of way except for the VFW property. As for as FM 78, the City has sufficient LJ right of way (with the exception of the VFW) all the way to the Beck property - what is needed is suff icient right of way from this point west to the creek. Mr. Greenwald said that what Mr. Ehlers is saying is that without the right of way, the state is not even going to do any planning. Mr. Baldwin asked if the Highway Department would even consider just raising the bridge over the lOO year flood. Mr. Ehlers said no way. After discussion and comments by business owners, Mr. Greenwald suggested that staff get a list of the property owners, send them letters inviting them in and show them the proposal and see what we can get for the right of way. He said to keep in mind that any land that is donated, will decrease the costs. Mr. Baldwin suggested staff contact the railroad - that even if we can only get 5 or lO feet of their right of way, it would help. Mr. Greenwald said that if the City cannot get the right of way, we will have to go back and look at a by-pass route. He then 0 thanked everyone for coming, then asked for a short recess at 8:25 p.m. The workshop was reconvened at 8:37 p.m. #4 LEON PARKER: Discussion of Pecan Grove Mobile Home Park. Mr. Sharpe said Mr. Parker had asked that this item be tabled. #5 ORDINANCE: Mr. Greenwald explained that this ordinance was the one presented two weeks previously, amending the water ordinance on fire hydrants deposits and costs and adding a section on fire protection water service lines. Mr. Gilmore said the City found we were loosing money. This will allow us to cover costs with a few extra pennies. This ordinance is based on the current San Antonio ordinance. Mr. Sharpe mentioned that we have inside city limit rates and outside city limit rates are l50% of that; however these rates are not. Mr. Gilmore said these rates are based on water available but not on a constant use. o I...m~~~' T;-F ryJ'~ "'"'' i ,,- '~l"":i'!1t ~~"~.~~' .~ . ,'i"I;kii!l[;i-__~::riJ1 I ) ..,.. "r""""'" 153 #6 CITY MANAGER: A. There is a request in Council packets r- from Texas Turf Sales for space on our tower at the well site. When placing the antenna, the Council had asked that the City Manager attempt to rent space on it. Mr. Gilmore said he brought this before Council to see if they still wanted to to rent space providing it does not in any way interfere with our operations. Mr. Gilmore said he has not established a rate at this time. Council said yes. B. The Herald is still wanting to know if the City wants the back page of the "Window to the Corridor" for our advertisement. The three-color page ad would cost about $900. Council agreed this is good advertisement and to go ahead. r-- C. Mr. Gilmore said staff is running into some problems with the overlay on Jack Hays Boulevard in that sidewalks are required in direct conflict with other parts that say to save the trees and setback. To keep from creating a hodge podge, do you put the sidewalk in the greenbelt - where nothing is suppose to be built. Council agreed that if necessary, modify the ordinance; but do everything possible to save the trees. D. Mr. Gilmore reported that the previous Sunday morning early one of our ambulances was wrecked. There was a party and the ambulance was called out for an injured party, while the attendants were inside, some kids 'borrowed' the ambulance and drove it into a light pole. They have not been caught as yet. The repairs will be paid through self-insurance until such time as it can be determined who is responsible. With Council permission, I will contact the City Attorney to see what can be done. E. Have received a letter from Henry Baines Engineers requesting that the Forbes property we have just annexed - the 29 acres - be rezoned to light industrial. Council concensus was to schedule a public hearing. F. Mr. Gilmore passed out copies of a Park & Recreation Development Plan, saying there is a possibility of requesting the appointment of a Park Commission. This is a very good plan and should be incorporated with out Comprehensive Plan as another section. We need to start looking at the Utility Department expanding. r-- G. The City Manager advised that he had finished the Economic Development Plan outline and would have it typed and to Council by the next workshop. Mr. Tom Yar 1 ing asked if he could addr ess Counci 1, say ing he wanted them to consider an additional line to the water bills which would allow citizens to contribute so much a month to the fire department. He said Converse does this now. Mr. Greenwald asked him to get with Mr. Gilmore and Council could talk about it at the next workshop meeting. i ! i i ~ 154 #7 ITEMS BY COUNCIL: Mr. Aguilar asked if anything could be done about the sid~walk across the street - at the Sabastian Apartments. Mr. Gilmore said staff is dealing with that right now. We have told them they have to tear it out and redo it. We are dealing with the people out of Houston. Mr. Gilmore said that also on the drainage in back of the apartments, we have sent them a letter saying they will fix the drainage or we will file and it will cost them $200 per day. Mr. Aguilar suggested that Council consider upping the speed limit on East Live Oak Road - to 35 or 40 - until such time as the area is developed. Mayor Pro Tem Greenwald instructed Mr. Gilmore to get a recommendation from the Chief of Police. Mr. Sharpe, in discussing signs, said that the man that sells peaches on I35 in Cibolo' s area has his sign in Schertz city limits. Mr. Gilmore said it has been taken down four times. Mr. Baldwin reminded everyone that Saturday the 31st was Senior Citizen Appreciation Day. Fr idaynight all will meet at the church to set up the tables and make potato salad about 6: 30. Donations are coming in real well so there will be plenty of prizes. o Mr. Baldwin said that Entex has moved their Schertz payment from the Savings and Loan to Wuests. He and others prefer the drive 01 through rather than having to go inside to pay the bill. Has any thought been given to the City collecting their bills for th em. Mr. Stanhope said. there needs to be a stop sign on Riedel Drive coming out of Pecan Grove. Mr. Gilmore said the signs are ready and Jerry will be meeting with them the next day to show where to put the signs. Mr. Stanhope asked who checks the dumpsters provided by the City. Mr. Gilmore said they are checked at least three times a day. People are just really making use of them. #8 ITEMS BY MAYOR: Mayor Pro Tem Greenwald mentioned that he had watched a portion of the San Antonio Council meeting and there was a presentation made on their weed ordinance. They tack on a $l,OOO charge each time they have to cut a lot or yard. B. Bob Andrews announced at the P&Z meeting that on June 2lst there will be a garage sale for SAFES at Realty World. C. Have had answer from Mr. Ackermann about right of way on Schertz Parkway. He wants us to send a written offer for his land to include animal access and drainage. Mr. Gilmore said that June 11th, the developers will be in to present the plans .Ur1 that they have drawn. The developers have approached Mr. Ackermann several times and what was said at the meeting tonight was totally wrong. I k;i,ir..,:~~'~~'~.;,~~1~;~~jj;:, ;., iT.:J .l ,Jf;---~~jJ:;~,~.."i.", ...:i ~ .'I,;z...... !iW. j . ~ r-- r-- r-- I ~ 155 Mr. Gilmore said that he has had indications that the requirement that the City pay certain portions of farm to market roads is by the requirement of Mr. Stotzer because he descr ibes f arm to market roads as urban roads. Converse is working with their state representatives to try to change his mind. It is from the District office and not a state law. It is a local rule to have the city pay for curb and gutters and not state rule. Mr. Gilmore said he would like to have permission to get with Converse to see if we can go in with them and see if we can work something out. Mr. Gilmore said he will be meeting on the l2th at 7:00 or 7:30 p.m with Northcliffe and would like for the Mayor and Mayor Pro Tem to attend also. #9 ADJOURNMENT: Mayor Pro Tem Greenwald declared the meeting adjourned at 9:56 p.m. 4A~~ Mayor Pro Tem, C1ty of Schertz ATTEST: ecretary, City of Schertz