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ccspecwksp 07-15-1998 . . . SPECIAL WORKSHOP SESSION OF THE CITY COUNCIL JULY 15, 1998 The Schertz City Council convened in Special Workshop Session on Wednesday, July 15, 1998 at 7:00 p.m. in the Municipal Complex Conference Room, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Hal Baldwin, presiding; Councilmembers Pia Jarman; Joe Potempa; Timothy Swinney and Ken Greenwald. Members absent: Norman W. Agee, Sr. Staff present were City Manager Kerry Sweatt and City Secretary Norma Althouse. #1 HEARING OF RESIDENTS Several citizens had signed up to speak on Item #5, the public hearing, and after Mayor Baldwin questioned them, decided they would prefer to speak during the public hearing instead of at this time. #2 Discuss final reading of ordinance rezoning two parcels, 5.290 acres and 5.674 acres, out of Guadalupe County from Single-Family Residential Dwelling District (R-1) to Public Use District (PUB). (land for new emergency services buildings) . Council indicated their readiness for this item to be included on next Tuesday night's agenda. #3 Discuss final reading of ordinance revising Development Fees. Mr. Sweatt reminded Council the new fees are outlined in the ordinance and this is the final reading. The raise in the fees is related mostly to the handling process and the time involved with that. Council acknowledged they were prepared for this item to be included on next Tuesday night's agenda. #4 Discuss bids for emergency services buildings. Mr. Sweatt advised they received ten (10) bids, which were opened on July 2nd, and the apparent low bidder is E. Roberts Company, Inc. in the amount of $3,780,000. Architect Norris Fletcher is reviewing the qualifications and past work history references of the E. Roberts Company, Inc. Mr. Fletcher is here this evening to answer questions. . Mr. Sweatt suggested Council review the bids and alternates. Alternates 11, 12 and 13 are related to the library and they feel it's in the City's best interest not to consider those at this time. They will go back and reconfigure or perhaps rebid, or they may clarify the figures with the E. Roberts Company in case they want to do the work. -248- . . . Mr. Sweatt also recommended Council delay alternate 1, the entry towers, until later and use $11,000 for the foundation. Other items were discussed as follows: chain link fencing with dense landscaping along the north (long side) of the complex to provide screening and security (it will require $19,000 to accomplish that); instead of towers, perhaps two-faced blue and yellow signs; doing the wiring for ceiling fans during construction, perhaps asking the contractor to give a price on conduit and boxes; hollow metal versus metal aluminum windows; budgeting for furnishings (since they are not included) in the 1999/2000 fiscal year; pros and cons of concrete paving versus asphalt paving; . approaching the contractor about holding prices on alternates for a period of time, specifically the towers, ceiling fans and paving; number of days allowed for completion of the project, the number of rain days allowed, and any penalties for not completing the project on time; the colored metal roof and windows; the control gates; masonry fence/east end; and , Schertz Parkway sidewalk. Mr. Sweatt commented that as a result of the land purchase, professional services to date, other project related expenses and earned interest, they have $4,648,428 remaining in the project account. They are up to $4,397,600, which leaves $250,000. He would like to reserve, if there are no overruns, $128,000 for the towers. Council had no problem with that. . Mr. Sweatt reviewed the discussion on this item and verified with Council that what they will be recommending and officially voting on next week will be award of the base bid of $3,780,000 plus alternate #1 - the foundation for $11,000, alternate #2 - colored metal roof and windows for $26,600, alternate #5 - control gates, alternate #7 - masonry fence/east end for $51,000 and alternate #10 - -249- . . . Schertz Parkway sidewalk for $3,500 for a grand total of $3,881,100. They also want feedback from the architect regarding holding alternate prices for a period of time on the paving, ceiling fans and towers. Council agreed with Mr. Sweatt's review and thanked Mr. Fletcher for his time. Mr. Sweatt was asked about the groundbreaking for the emergency services buildings and stated that Monday, August 17th would be the earliest possible date. They would like to coincide with the newspaper. Mr. Swinney wondered if a Saturday wouldn't work better and Mr. Sweatt requested they think about a date and give him some direction. #5 Discuss public hearing regarding request from Robert C. and Lattice Faye Buckhanan for a Specific Use Permit allowing them to operate a "Full- Service Family Hair Center" at 11629 Schaefer Road. Mr. Sweatt pointed out the location on the map of the proposed family hair center, saying it is at the curve of FM 1518 two miles out from FM 78. Mr. Potempa asked if they are currently in business and Mrs. Buckhanan replied she is currently a hairdresser, but they are not in business. . Mayor Baldwin inquired why they are requesting a Specific Use Permit when the land is zoned RIA (Residential/Agriculture). Mr. Sweatt explained they can legally apply for a Specific Use Permit versus a change in the zoning. They are looking at a portable building and are aware there is no sewer service. Council had no objections to the Buckhanan's request and affirmed they were ready for this item to be included on next Tuesday night's agenda. #6 Discuss public hearing regarding changes to the Unified Development Code (UDC). Council had received, in their packets, copies of the proposed changes to the UDC. Mr. Sweatt stated there are some minor housekeeping changes, which clarify wording in a few sections. In addition, there are changes in the section regarding building setback requirements for storage sheds, engineered pools, gazebos, hot tubs, etc. There are changes in the section pertaining to recent Council action precluding sidewalk requirements in M1 and M2 areas. There are changes in the section pertaining, as dictated by State law, to number of days for notification of citizens when a public hearing is scheduled. One of the major changes is to the BOA ordinance. The State law now requires only a 75% vote of a quorum to constitute a vote instead of a minimum of four votes. Mayor Baldwin asked if the Planning and Zoning Commission can table an item indefinitely and was told by Mr. Sweatt they cannot - an item has to be tabled for a specific reason. There being no further questions, Council agreed they were . ready for this item to be included on next Tuesday night's agenda. -250- . . . #7 Discuss renewal of Board of Adjustment (BOA) terms. Mr. Sweatt advised the BOA, by unanimous vote, is recommending that James Harris, Peggy Brown, Norman Slocum and Anita Clark have their terms renewed for another two (2) years. Council indicated they were prepared for this item to be included on next Tuesday night's agenda. #8 Consider and take action approving Internet Policy for Schertz Library. Mr. Sweatt, noting they are now in the Internet business, reminded Council they have copies in their packets of the policy and the forms to be signed regarding the Internet Policy for the library. Librarian Gail Douglas told Council a group of City Managers came up with the policy. They plan to start enforcing it tomorrow. They do not have a filtering process. Children under 12 must be accompanied by a guardian. Children between 12 and 16 may use the computer unsupervised with guardian permission. Everyone who uses it will sign. . Mr. Potempa wondered who's going to control the children and Mrs. Jarman expressed concern about the pornography as well as other dangerous things on the Internet. Ms. Douglas pointed out that just because you get something from the Internet, it doesn't mean it's correct or accurate. Mr. Swinney asked why there's no filter. Ms. Douglas answered it's philosophical - she's a big fan of intellectual freedom. Having a physical filter to say it's safe is a false sense of security. She did point out they will filter the children's monitors. Mr. Swinney felt people throw the concept of freedom of speech around too much. Mr. Sweatt emphasized they need a policy to start with and if they find it needs to be changed, then they will work on it. Mayor Baldwin said it's the chat line that worries him. Mrs. Jarman asked about allowing access on a case by case basis. Mr. Sweatt noted this is a six-month policy and after that they will bring it back for review. Mr. Swinney remarked it doesn't look like they researched all the controls to this. Ms. Douglas assured him they had researched it, but were told at a conference she attended, that it would be impossible to stay on top of all the new technology. Mrs. Jarman asked if there's a plan for disciplinary action. Ms. Douglas replied for the first offense, they will ask the person to stop. The second offense will get the person a warning. After the warning, the next step is to go back to the policy for inappropriate behavior and enforce that. . -251- . . . Mr. Greenwald moved to approve the Internet Policy for the Schertz Library. Mr. Potempa seconded the motion, which carried with the following votes: AYES: Councilmembers Jarman, Potempa, Swinney and Greenwald. NAYS: None. #9 Discuss appointments to Schertz Development Foundation. Mr. Sweatt related that two board members of the Schertz Development Foundation, Ed Harris and Lewis Borgfeld, have recently resigned. Mr. Harris resigned due to taking a new job out of State and Mr. Borgfeld resigned for personal reasons unrelated to board activities. The Foundation is recommending John Sheridan from DSI and Roy Richard, a local attorney, be appointed to fill the vacancies. Both individuals have agreed to serve if appointed. Mr. Potempa asked if appointing Roy Richard, who is also the City Prosecutor, would create a conflict of interest for Mr. Richard. Mr. Sweatt promised to check with the City Attorney on the matter. . Council indicated they were ready for this item to be included on next Tuesday night's agenda. #10 CITY MANAGER'S REPORT . Reminded Council they will receive two packets the next time. One is for the Regular Session on July 21 st and the other is for the Special Joint Meeting with Planning and Zoning on July 22nd. 1. Asked that Council think about a good date for the emergency services buildings groundbreaking. #11 ITEMS BY COUNCIL Mrs. Jarman: . . Stated that in Mr. Sweatt's report, he mentions they are rescheduling Animal Control Department personnel to provide intake and release adoption only services at the Animal Shelter on Saturdays starting August 1 st from 9:00 a.m. until 1 :00 p.m. She commended the City for providing that service. Mr. Sweatt remarked they have a vacancy in the Animal Control Department right now, so they are using part-time help. If it works well, they will try to continue. Mrs. Jarman suggested that perhaps some of the Humane Society people could help. -252- . . . Mr. Greenwald: . Reported Planning and Zoning had a very interesting meeting last night. The preliminary plat for the Oak Trail Subdivision passed. It is located behind Oak Forest and, obviously, will be using the streets in Oak Forest. We will probably end up in litigation. The basic problem started when Coy Simmons was allowed to build a 30' road. The whole Oak Forest Subdivision is built on solid rock - the streets won't shift. Mayor Baldwin asked what the property owners want the City to do and was told they want the City to stop the building. They have suggested converting to a gated community, but they would have to conform to the UDC standards for a gated community. Mr. Sweatt commented there is no legal way City Council can intervene and reminded everyone that about eleven or twelve years ago a Church was denied building in the Oak Forest area because of an incompatible use. Mr. Swinney, saying it sounds like a communication problem to him, wondered if we couldn't send a letter to the homeowners association. . Stated he is still getting calls about the 4th of July parade - some people think there were not enough bands. Mayor Baldwin noted he has received letters regarding all the churches in the parade, specifically the float with Jesus on the Cross. Maybe we need to have a discussion about the parade rules. . . Commented the VFW got it's mixed beverage liquor license from the State. Mr. Swinney: . Stated he is looking forward to the AMCC. . Said it is his understanding the State will have a traffic light up at FM 3009 and Woodland Oaks Drive within the next two weeks. Mr. Sweatt indicated the City has worn out its welcome with TXDoT over the one-way service roads off IH-35. Mayor Baldwin suggested the possibility of sending a form letter to all the residents on each side of FM 3009 asking if they would be willing to go to Austin and demand more traffic controls. He is sure they could fill up the Community Center with aggravated people. Mr. Swinney recommended getting developers involved. . Mentioned he heard some discussion about one of the streets in Deer Haven being extended out to Schertz Parkway. #12 ITEMS BY MAYOR . . Related attending the Edwards Aquifer Authority (EM) meeting last night. Mrs. Mendelson doesn't attend. If Tom Weaver had been elected, he would have protected this area. -253-