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ccswks 01-31-1996 SPECIAL MEETING OF THE CITY COUNCIL JANUARY 31, 1996 The Schertz city Council and the Planning & Zoning Commission convened in a Joint Workshop Session on Wednesday, January 31, 1996 at 7:00 p.m. in the Conference Room of the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Hal Baldwin, presiding; Councilmembers Charles McDonald; Earl sawyer; Timothy Swinney and Ken Greenwald. Absent: Councilmember Joe Potempa. The following Planning & Zoning Commissioners were present: Pia Jarman, Chairman; Ernie Evans; Merwin Willman; Tony Moreno; David Richmond and Gary Wallace. Absent: Commissioner Keith Van Dine. Staff present were City Manager Kerry Sweatt; Assistant City Manager Steve Simonson; City Attorney Michael Spain and Deputy City Secretary Dolores Butler. 11 HEARING OF RESIDENTS No one had signed up to speak. Mayor Baldwin then recognized several citizens (some of them candidates running for office) and asked that they introduce themselves. Jim Wolverton introduced himself as a candidate for County Commissioner Precinct #3, stated he has lived in this community since 1952 and if elected, he will continue to support this community because we have been neglected. Harvev Faulkner introduced himself as having been Constable for seven (7) years and is now a candidate for Sheriff in Guadalupe County. Ronnie Buffalo discuss Michalec introduced himself as president Valley Youth Association and said he was contracts with the City. of here the to Mayor Baldwin introduced Michael Spain, City Attorney and Kerry Sweatt, City Manager. .2 Discussion of UDC by both Council and Planning and Zoning. Mayor Baldwin welcomed the members of the Planning & Zoning Commission and asked Mr. Sweatt to start the discussion. Mr. Sweatt said the members of the Council have been furnished a copy of the Unified Development Code (UDC) as worked on and developed by the Planning & Zoning Commission (P & Z). It was the general plan that we touch on some of the highlights, provide a guided road map through this process on at least the major topics that have been discussed and recommended by P & Z, and start trying to answer questions from there. Mr. Sweatt then deferred to Chairman Pia Jarman to lead the discussion. -108- Chairman Jarman commented P & Z comes to Council, not humbly with hat in hand, but rather proudly with what they have jointly been able to accomplish over the past few years. The cover letter explains it started four years ago at the 1992 Texas Planners Conference when the city of Grand Prairie received an award for something that was entirely new to this Commission called a UDC. Three years ago they purchased a copy of Grand Prairie's UDC for $5.00 (Grand Prairie used consultants and spent a lot of money). It was mentioned that the person who worked on all of it, going piece by piece, was Merwin Willman. Mr. Willman brought a before and after version of the UDC. Mr. Willman stated they are currently working with a Zoning Ordinance which has 20 amendments, a Subdivision Ordinance which has 5 amendments, a Mobile Home Ordinance which has 2 amendments, and a Sign Ordinance which has 3 amendments. Mrs. Jarman said in the old ordinance; each time you would have a new amendment it would say, "see 87-........" and then you go madly to that. With the new UDC, every time there is a change, the page will be reprinted entirely with a revision date. Mr. Willman is the primary person who spent probably thousands of hours working on this project. Then Bob Andrews, Steve Simonson and Merwin Willman got together and reviewed it once-a-week for at least two hours. In January, 1995 they began another process of editing, and for nine months the Commission spent at least an hour at each meeting going over the UDC, piece by piece, discussing some of the changes or suggesting changes. Chairman Jarman admitted that what she thought would take six months took nine months. Chairman Jarman thanked Councilman Ken Greenwald who went page through page with the Commission, making all kinds of good recommendations, suggestions, etc., and of course Steve Simonson who was the guiding light in all of this. As the letter explains, it was not that they wanted to change the ordinance(s) or the meaning, they tried to streamline and make a more wieldy instrument so that when developers or citizens come to the City, they can go to the subject article, make copies and give it to them. For them to do their job, it is much easier if they can refer to this. One other thing - it was such a tremendous learning experience for those on P & Z to have to go through item by item, that you probably have a very enlightened (present company exempted) P & Z to do the job for the City. Chairman Jarman continued on, saying the major changes have been listed. They are as follows: a Public Use District was added in Article III; Garden Homes/Single-Family Residential District zero lot line changed in Article III; R-7 Manufactured Home District eliminated form Article III and instead treated under Special District, Article VII, Section 5; completely new format for zoning districts including dimension requirements in chart format (Articles III and IV); revised format for land use listing in Article IV; short form plat procedures added in Article XI; changes in Home Occupation procedures in Article XVIII; form changed from -109- current ordinance format for sign standards and, new procedures for the establishment (gated) community. (Article IX); of a security Mr. Simonson, referring to the R-7 Manufactured Home District, pointed out that the major change in this was an increase in minimum lot sizes for mobile home parks. The minimum size was 36' wide and was increased to 55' wide. Mrs. Jarman stated that manufactured homes are now quite substantial and fancy. In most cases the city has kept the lot sizes the same or increased them. If they wish to preserve the very quality of life that they have here which attracts people in the first place, they have to protect it. Mayor Baldwin said on page 5l it says a manufactured home shall have a minimum lot size of 40' x l20'. Steve Simonson statement clear mobile home park apologized, 55' is a lot. saying he did not subdivision lot and make his 40' is a Mr. McDonald, noting that double-wide manufactured homes now have removable hitches and wheels, wondered why (on page ll) there is a provision allowing for the moving of them. Mr. Willman explained the provision was left in because we still have mobile homes as such. The way it is set now, it would be hard to eliminate or refuse to have one of the big double-wide manufactured homes located in a residential area. Mr. McDonald voiced his objection to the home occupation permit, asking if the little old lady at Clyde Ford Village who makes and sells doilies is going to have to get a permit and if not, why are we doing this and how are we going to enforce it? Mr. Swinney another form enforce it. also voiced his concern that this of unfair taxation and wondered how is we just would At this time, Mayor Baldwin suggested that agenda item #9, Executive Session, be moved up. With no objection, the Joint Workshop Session was adjourned at 7:45 p.m. to be reconvened following the Executive Session. .9 Executive Session: Called under Chapter 55l Gov~~....ent Code, Sub-Section 55l.071, consultation attorney on pending or contemplated litigation. Texas with An Executive Session was held from 7:48 p.m. to 8:l2 p.m. .lO Consider and take action, if any, on above Executive Session. There was no action required. -110- The Joint Workshop Session reconvened at B:l5 p.m. and further revisions were pointed out and discussed. .3 Discuss awarding bid for mowing equipment. Mr. Sweatt distributed a sheet of paper which revised the bid amounts shown for tractors and mowing equipment. It was purely a breakdown of the Mission Equipment bid as shown in the January 25th memorandum from John Bierschwale to Mr. Sweatt which was incorrect. The sheet simply corrects the breakdown between the equipment, the totals remain the same. In the Mission Equipment bid, instead of the tractor being $4,750, it is in fact $4,373 and the tractor was $lB,737 rather than $lB,225. It doesn't change the outcome of the bid, simply the tabulation of the third bidder. Mr. Sweatt indicated that after review , it is recommended the bid be awarded to Ewald Tractor in the total amount of $2l,500. '4 Discuss awarding transportation equipment. bid for Mi~l Control Mr. Sweatt stated the tractor and this item are both budgeted items, the bids in all cases fall within the budgeted amount. They received two bids in response to their advertisement. They plan to move a vehicle out of Public Works to Animal Control to establish the second transport unit it's a larger piece of equipment. A picture was passed around showing equipment similar to the one being purchased. The one on the existing pickup is a fiberglass body on a small S-lO frame, and the Public Works vehicle being transferred is a full-size vehicle with an extended cab so it requires a slightly larger transport body. It is recommended the bid be awarded to Deerskin Manufacturing Co. in the amount of $B760. .5 Discuss ordinance ordering election for May 4, 1996. Mayor Baldwin stated a contractual agreement between the City of Schertz and the School District, to hold early voting at the same location, is being considered. Mr. Swinney asked if we don't have three Council positions open since Mr. Sawyer filled Mrs. Burkett's place. Doesn't Place 3 have to go up for election? Mr. Sweatt two Council appointed to 1997. replied no, positions fill Mrs. it is only the Mayor's position up for election. Mr. Sawyer Burkett's term until it expires and was in Mayor Baldwin location for this ordinance election. suggested the City/SChool District joint early voting probably needs to be included in as the Justice Department considers it a joint -111- Mr. Sweatt said they had drawn up this ordinance not knowing if the contractual agreement was going to be finalized. If it can be finalized before next Tuesday, they'd like to do that, otherwise they still need to pass this ordinance. They can come back and amend it if necessary. It was recommended the City go ahead and submit the joint early voting location to the Justice Department. Mr. Sawyer asked what Justice Department on held at the same place. it costs us to get a reading whether or not the elections Will the expense be shared? from the can be Mr. Sweatt and Mayor Baldwin both assured Mr. Sawyer the cost will be shared. .6 Discuss BVYA annual operating agreement. Mr. Sweatt stated he had asked Ronnie Michalec to speak to Council regarding any issues they might have. A couple of corrections need to be made to the agreement that was included in Council's packet. Under Section 7 of the agreement, normally during the month of October BVYA must submit a copy of their annual financial statement to the City Manager's office for review. This statement shall reflect all revenues and expenditures incurred during the BVYA fiscal year. In order to make this coincide with other agreements and to match their fiscal year, it has been changed from October to January. Paragraph II sets out specific kilowatt hours per month for which the BVYA has responsibility and any aggregate use above those amounts. After reviewing this, BVYA made some observations and recommendations. Starting with Al field, a change from the amount l,OOO to l,200 kilowatt hours or an aggregate of 6,000 kilowatt hours per season. Lions Field, A2 - change from l,500 to l,700 kilowatts per month or an aggregate of 8,300 kilowatt hours per season. Graham Field, A3 - change from 450 to l,OOO kilowatts per month to an aggregate of 3,000 kilowatts per season. Meyers Field, A4 - change from l,OOO to l,200 kilowatts per month or an aggregate of 6,000 kilowatt hours per season or an aggregate total of not more than 28,000 (changed from 19,750) kilowatt hours for all of the fields used. Mr. Michalec will speak to this in more detail, however this is designed to recognize the anticipated fall usage. With those changes, it is recommended the Council authorize this agreement. Mr. Michalec concurred with Mr. Sweatt's explanation for the increase in kilowatt usage. Due to growth in the City and competition with other youth groups in the area who are a little bit more expensive, BVYA is anticipating approximately 200 - 250 more kids than last year and will have to schedule additional playing times. Mr. Michalec passed around a 1995 average cost per child report based on 750 kids. Mr. Michalec said he has two great commissioners working with him and the softball commissioner has agreed to allow baseball -112- sole use of all the fields on Saturday. Softball will be played during the week at nights. Rick Leal has had money given to him through contractors for support of BVYA to install six new sets of lights on Anderson Field (small pinto field near Scout Hut) at no cost to the City. Everything is donated and coordinated with GVEC and fixtures are being bought and donated by major home builders. Mr. Sweatt remarked one of the concerns in years past was that the lights were left on and it was hard to pinpoint responsibility. They are going to set up a process now of sign-out sheets for coaches at the Batting Cage in order to monitor that more closely. Mr. Michalec related he had talked briefly to Mr. Duplantis last year, and after working it out with commissioners and Board this year, there will be five sets of. keys. Mr. Bierschwale's people will have a set, h~ will keep a set, and there will be a set at the Batting Cage to be signed out by the coach(es) for better control. There was a suggestion that maybe GVEC could put some timers on the lights so they would automatically shut off at lO:30 p.m. Mr. Michalec's opinion was that timers would not be cost efficient because if they do break down or someone overrides them, replacement cost is $250. per timer. There will be a new scorer's booth at the big field and the high school is footing half the bill. Mr. Michalec mentioned that one other item of concern is BVYA's debt of approximately $5,000 with Mr. Bierschwale on the fencing and it has been promised that the debt will be paid off in 1996 through fund raisers. Mr. Swinney commented a lot of planning and thinking has gone into this. He then asked if, regarding concessions, does this cost per child include the concessions. Where do the concession funds go? Mr. Michalec replied the concession funds actually go toward extra equipment. The equipment cost on the handout is per child uniform, catchers equipment, etc. Concessions support the field maintenance. Mr. Sawyer, observing BVYA charges less than groups and more children are coming from the areas, pointed out the contract says that 90% of must be from the City of Schertz. other youth surrounding the children Mr. Michalec stressed they still have over residents, but the way the boundaries are, like is hard to tell someone who lives on the creek play elsewhere. There is 5% or 6% non-resident at the most. 90% Schertz the creek, it they have to participation Mr. Sawyer asked Mr. changing that and Mr. need to at this time. Michalec if he was going to suggest Michalec stated he did not feel they -lD- Mr. Greenwald reported he had mentioned the registration two weeks ago and had asked Mr. bring copies so when people ask why the price everyone will have the information. increase Michalec has gone in to up, Mayor Baldwin asked if candy sales have been eliminated and was assured they have. Mr. Swinney said he wished the schools would adopt that idea. Mr. McDonald asked what the fund raisers will be and Michalec said they are going to sell barbecue plates, through the concession stand so the kids don't have to anything. Mr. etc. sell Mr. McDonald advised Council he had just attended a function in Hondo where they served steak and fish dinners and had a silent auction with donated items - it was $20.00 per person and they made $lO,OOO. Mr. Michalec said with some of the money raised they are hoping to get two new scoreboards put up where there are none at this time. In answer to Mayor Baldwin's inquiry regarding Coca Cola's scoreboards, Mr. Michalec said the contract is up and due to be renewed this year and BVYA is going to try to squeeze more out of them. Mr. sawyer commented it is good to have Mr. Michalec and his wife back with BVYA. Mr. Greenwald, referring to the kilowatt hours, mentioned that a few years ago they started a Fall Ball for the kids who are not all-star quality and need some practice time. They play a four to five week season, practicing one night and playing on Saturday so it doesn't interfere with school. It gives them some playing time, some instructional time, keeps them off the streets, and the cost is minimal. .7 Discuss BVYA building use agreement. Mr. Sweatt acknowledged this concerns the property owned by the City at 40l Oak Street. The agreement has been redrawn to more accurately reflect the responsibility for use of the building proposed for a five-year lease with an additional five-year extension. The primary portion of the agreement deals with the responsibility for repair. Section I, paragraph C states that all minor building maintenance and repair be the financial responsibility of BVYA and describes in general what are considered minor building maintenance and repair activities. Paragraph D specifies that any major component and structure replacement will be brought before Council for action. Our agreement in the past has not been exact enough to clarify responsibilities and this would more clearly reflect the conditions. Mr. Michalec has talked with Mr. Bierschwale and there has been some debate about it. -114- There are some misunderstandings, perhaps, that the City should be responsible for all of it but Mr. Michalec thinks an understanding has been reached regarding minor versus major responsibility. Mr. Michalec noted the only concern the Board has is the plumbing fixtures. The building needs to be replumbed and BVYA will probably get a plumber to replace the rusted galvanized pipe with PVC. Maybe a plumbing company will donate the fixtures to get the sink and toilet repaired. The front door is full of bullet holes and they have talked to Mr. Bierschwale about putting some expanded metal on the back side of the aluminium doors facing inside the building so that nobody can kick their way in. There is some expensive equipment, e.g., new and used baseball equipment, computers, copy machines, etc. to protect. There is an alarm system, but it has been disconnected because it ~alfunctions so much. Mr. Sweatt explained that about two new heating and air conditioning in someone had removed the compressor. years ago the City put the building because Mayor Baldwin asked if there was further discussion on building use agreement and since there was none, stated will be on the next action agenda. the this Mayor Baldwin commended Ronnie Michalec and his wife for work they do in BVYA and welcomed them back. the .B lB-32, Section Discuss ordinance amending Traffic Code, Section Stop Intersections, Section lB-33, All-Way Stops, and IB-35, Yield Intersections. Mr. Sweatt indicated the ordinance is self-explanatory. The ordinance refers to new streets that are a part of recent platting - Ashley Place Unit 3, Dove Meadows Unit 3, Woodland Oaks Unit 6A, and Greenshire Oaks Drive and Bent Tree in Greenshire. All are not necessarily on the ground at this moment but are platted, and we would like to go ahead and amend the ordinance so that we can authorize placement of these signs as the streets are completed. The one in Greenshire is a blind corner and we are putting up some warning signs in addition to stop signs. .ll CITY MANAGER'S REPORT: A. Noted Mr. funeral will be held at l:OO p.m. Friday at Funeral Home and the City will send flowers. Seiler's father passed away after major surgery. Seiler's Colonial Harvey ,l2 ITEMS BY COUNCIL: ~r. Sa~er, on behalf of his wife, thanked the City for the flowers and good wishes during her recent stay at Baptist Memorial Hospital. She appreciated all the kind thoughts. -115- Mr. Swinney A. Mentioned he was up in Woodland Oaks today looking for a new house and saw a City employee bundled up against the cold climate. He commended the employees for their dedication is less than ideal weather conditions. B. Reported he learned this week that Gloria Hill's husband passed away. Mrs. Hill was instrumental in getting the petition passed on the Lone Oak Park. C. Stated he is now an official VFW member as soon as he coughs up his money. Mr. McDonald: A. Thanked the City Manager going out today and looking at the roads Woodland Oaks. The water is supposed to run road is running up hill. and his staff being built down hill but for in the Mr. Sweatt jokingly commented they got. the Supreme Court to repeal the law of gravity. B. In response to Mayor Baldwin's inquiry regarding traffic up and down the street from the model homes in Woodland Oaks, Mr. McDonald said it is bad! The trucks are running their graders up and down Cotton King. Not only that, but they get water out of the fire hydrant at the corner of Cotton King and Woodland Oaks Drive and are spilling an awful lot of it. He inquired if that is potable water. Mr. Sweatt promised to check on the water waste. C. Asked if the old shoe store building belongs to the City now and if so, can we mow around it because it looks shabby. Mr. Sweatt mentioned they are going to try and see if they can move the building down behind the library and create a museum of sorts with the old facility. Mr. Sweatt stated he had failed to mention that tomorrow the trail riders appearance in Schertz - they will be at rest area near noon and the Schertz Business Association be serving stew. Anyone who can, is invited to attend. is the will tl3 ITEMS BY Association members Richard's house. , .14 ADJOURNMENT: On a mOri by Mr. Swinney and seconded by Mr. Sawyer and unanim sly carr"ed, the meeting was adjourned at 9:43 p.m~ (/~i~ . Mayor, City MAYOR: Related the are cooking stew Schertz tonight Business at Mrs. ATTEST: fJ{)...~ 4//-r&'1! Deputy c~ty Secretary, City of Schertz -116-