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.
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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
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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.
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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
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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
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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
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