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ccswks 12-14-1994 ~ ] , j ~ ! ~ '...J L...J L" ij.':, . ~ " . '-. -rrr f} SPECIAL MEETING OF THE CITY COUNCIL DECEMBER 14. 1994 The Schl~rtz City Council convened in Special Workshop Session Wednesday. December 14. 1994 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; Charles McDonald; Joe Potempa; Barbara Stanhope; Mary Marsh and Ken Greenwalc.. Staff present were City Manager Kerry Sweatt, and Deputy City Secretary Norma Althouse. Assistant City Manager, Steve Simonson, introduced Bob Andrews, Chairman of the Judging Committee for the Christmas Lighting Contest, who presented the winners with their plaques. The winners in the various categories were as follows: . RESIDENCES BEST CREATIVITY 1 S,T PLACE HONORABLE MENTION 509 MITCHELL 1017 CURTISS BRUMMETT FAMILY BILL CLARK BEST IN L~NE WITH CITY THEME . 'J 1ST 'PLACE HONORABLE MENTION BEST LIGH":ING 1008 CURTISS 14 5 VALLEY OAK MIKE WARFORD RUTH RIVETTE 1ST PLACE HONORABLE MENTION 2901 GREENSHIRE 120 WILL ROGERS 400 AND 402 PFEIL CHESTER BOENIG STEPHEN SALES BILL & WANDA BALDWIN JEFF & RHONDA GAINEY BEST DUAL BUSINESSEf BEST LIGH'ING 1ST PLACE HONORABLE MENTION 800 FM 3009 1050 FM 78 BOSWELL-NIEMIETZ RIEDEL'S FURNITURE BEST IN LINE WITH CITY THE~ 417 MAIN ST. 428 PARK OFFICE POST OFFICE PECAN GROVE MOBILE HOME PARK BEST IN CREATIVITY Mr. Simonson mentioned that the panel of judges was comprised of Bob Andrews, Joyce Andrews, Pia Jarman and Ann Almond ani he thanked them all for their efforts in making ':" ita- ~ ~ 1 the contest a success. I Ii HEARING OF RESIDENTS: Mr. George Mower: A. Asked if there is anything to be presented from a previous agenda because he was told the last time it was alright to bring something up if it was on a previous agenda. B. Protested the outrageous price of unlit signs that figured out to be $4560.33 each. C. Mentioned what he feels is a conflict of interest on the part of Mayor Baldwin as far as attending meetings for the school district. Mr. Mower thinks the mayor should arrange for someone else to attend the school district meetings so he can devote his full attention to being mayo~ Reverend Don Jeffreys from the First Baptist Church expressed his concerns about the issue of casino gambling due to come before the Texas legislature. He distributed brochures with statistical and factual information to the Council. Mr. Jeffreys requested that the City government go on record as opposing the upcoming gambling issue. Besides moral and ethical considerations, it's bad business and would be bad for Schertz. Other businesses would I suffer. Mr. Jeffreys was sure other churches in the area would support opposition to the gambling issue. Charlotte Pierde also spoke on the gambling issue, backing up the opinion of Reverend Don Jeffreys. Ms. Pierce referred to several articles in various publications which point out the downside of gambling. Among those mentioned were "Manipulation of Self-Destructive Behavior", "How Does Gambling Create Heavy Tax Burdens?", "Does Gambling Bring Reduced Taxes?" and "The Cost Far Exceeds the Economic Benefits." Ms. Pierce offered to make copies for anyone who was interested in these articles. Ms. Pierce went on to say she had spoken with several businesses in the City and they were not aware of the gambling issue and the impact it would have on them. Also, the Vice-President of HEB, one of the new businesses locating in our City, is pushing for the gambling issue to pass. It will take more than the churches to fight it. It will take everyone. That's why they sent a petition to the City and are asking them to consider it. Mayor Baldwin consideration. he's not sure decision. indicated the City will take it under It's a matter of individual conscience and what part government should play in that I ( #1 HEARING OF RESIDENTS: Mr. George if there is anything to be presented from a previ because he was told the last time it was alrig somethi~g up if it was on a previous agenda. 51 J' the contest a success. B. Pr01.ested the outrageous price of figured out to be $4560.33 each. that -,';' C. Men1,ioned what he feels is a part 01 Mayor Baldwin as far as attendi school iistrict. Mr. Mower thinks the for so eone else to attend the school a he can evote his full attention to b i st on the s for the uld arrange meetings so . ,'/ Reverentl Don Jeffreys from Baptist Church express,~d his concerns about casino gambling due to come before the Texas 1 lature. He distributed brochur~s with statistiC&an ctual information to the Council, Mr. Jeffreys r e t that the City government go on record as opp si~g upcoming gambling issue. Besides moral and ethic ,c . aerations , it's bad business and WOJld be bad fa z. Other businesses would suffer. Mr. Jeffreys e other churches in the area would s~pport opposition gambling issue. - Charlotte Pierce also s ke n the gambling issue, backing up the opinion of erend Don Jeffreys. Ms. Pierce referred to several icles in various publications which point out the dow i of gambling. Among those mentioned were "Manipulati f Self-Destructive Behavior", "How Does Gambli~g Create vy Tax Burdens?", "Does Gambling Bring Reduced! Taxes nd "The Cost Far Exceeds the Economic Benefits." Ms. erce offered to make copies for anyone who was irterest d in these articles. Ms. Pierce went on to say ste ha s ken with several businesses in the City and they ~ere ot aware of the gambling issue and the impact it would t.av on them. Also, the Vice-President of HEB, one of the nEW usinesses locating in our City, is pushing for the gamblill issue to pass. It will take more than the churches to fig t it. It will take everyone. That's why they sent a peti on to the City and are asking them to consider it. - indicated the City will It's a matter of individual what part government should take it under conscience and play in that - ~ ~ fl '\ I #2 Discuss final consideration of an ordinance deSignating a certain area of the City as a State designated Enterprise Zone. Mr. Sweatt reminded the Council they had a map in their previous packet showing the area of the proposed enterprise zone. The creation and establishment of an enterprise zone allows the City to use this as part of our industrial and economic development recruiting. The primary benefit is that it offers those businesses that locate within the zone an opportunity to recover a portion of their State sales tax, that which is attributable to their bUilding cost, for new employees they hire. There are benefits also to existing businesses who wish to expand and Mark Marquez is here to answer any questions. The first reading was approved at the last meeting and the final reading is scheduled for the next meeting. Mr. Greenwald inquired about the expansion of existing businesses and wondered if it applies to those located in other areas of the City. Mr. Marquez answered it is for business already located in the zone. Mr. Sweatt added for those already in the zone who wish to expand there is a one time benefit. Mr. Sweatt also noted that he feels any I existing business that wishes to relocate in the zone would probablY be treated as a new business. 'I Mr. Marquez explained part of the criteria. One method of determining if it's a qualifYing business is whether they are creating new jobs or .retaining jobs. Sometimes it's a little tricky qualifYing jobs that are retained. This will be placed as an action item on the next agenda. #3 Discuss awarding bid on EMS unit, Mr. Sweatt reminded the Commission they had plugged into the budget this year the purchase of a new EMS unit. We received bids on November 15th and have held this item for some time pending evaluation. We received four bids and after a detailed evaluation of those submitted, have decided to recommend the award to the second lowest bidder which is National Ambulance Builders for a 1995 Chevrolet diesel engine for $61,594.50. The low bidder deviated substantially from the specifications that deal with the design of the box itself and the warranty. This will be placed as an action item on the next agenda. I 14 Discuss poliCY regarding public availability of agenda packets. Mr. Sweatt agenda after commented he had asked this be placed on a discussion last week regarding charges the for r- ~ 5'f agenda packets and charges for agenda listings and charges for co~ ,ies of the agenda. He asked Mike Spai n to speak on this qu~stion as far as requirements of the Open Records Act in regcrd to charges for copies and then to any policy the Council may want to enact. Mr. S~ain advised the City has the authority to charge for copies. If very large amounts of copies are being made, then tt.ere' s a means of recovering other related costs rather than just the copies. For documents of less than 50 pages, you can certainly charge for copies. There was an effort in the last session of the legislature for governmEnts to charge an overhead fee for' records that take longer than fifteen minutes to assemble, but it was not enacted. There is the ability to charge for overhead and other lelated costs for large copying jobs such as maps, etc. ~Ust because the City provides free copies of agendas at meetings doesn't mean they can't charge for agendas at other t~,mes. o Mr. S~eatt remarked the problem is not an occasional request by an individual for a copy of the agenda, but if each c:.tizen in the community were to request a copy, that clearly is an expense. .;. Mrs. 4tanhope pointed out that our agenda items are never that ICing, so if someone doesn't want to pay fifteen cents per COP1', they can always write them down. / Mr. PCltempa observed then that the City give the agendas free of charge to anyone meetingli, but if they come to the counter we wi L charge them fifteen cents. Mrs. that's the way it was set up. will continue to who comes to the and request one, Marsh admitted Mayor Baldwin indicated he certainly has no problem providillg free copies of the agenda at the counter - won't hreak the City, but if someone wants the package then there ought to be a nominal fee. with that entire Mr. Ml:Donald asked normall~r make and Mr. to the meeting. Mr. copies out front the seeing how many are consumecl, then we need how many copies of the agenda we Sweatt replied 15 to 20 copies prior McDonald suggested putting 15 to 20 same time we put out the packet and consumed. If more than that are to consider a charge. Q Mr. G:~eenwald recommended doing this for four' weeks keeping track of how many are picked up, then come back check the results. Everyone agreed. and and ~ to 1 IS Discuss questions regarding property condition on 1-35 North. I Mr. Sweatt reviewed the fact the Councilmembers had each received a copy of a letter that spoke to questions regarding property conditions and appearances along 1-35 in the area o~ Sbo~e Creek_R.V. Park. The real estate agent indicated he h~d spoken with the owner of the R.V. Park and had possibly lost sales because the neighboring property did not appear to be maintai~ed well. There supposedly were some promises. made by ~he City about cleaning up the area when Stone Creek was being developed. Mr. Sweatt said he had gone back aRd checked the records and the property in questlon, The ;.,Bishop Center, had been inexistence long before it was .:annexed by the City. Mr. Sweatt went on to say the development of Stone Creek R.V. Park was first proposed back in 1987. Ultimately the area was annexed by the City after the R.V. Park. had already been developed, and at that time the City began to exert some code enforcement activities. We have had a degree of success in achieving compliance, but there are still areas which require attention. If you recall, there was a development in the rear of the area for antique car I sales. The gentleman had come before City Council requesting a Specific Use Permit which was granted only after he constructed a 10' screening fence. The code enforcement people have been pretty active in that area (it is grandfatheredl. but we will have them take another look at it in case there's more we can do. Mr. Sweatt admitted he is not aware of any real estate sales lost. As a matter of fact, he feels a lot of results have been accomplished in the area. Mrs. Marsh wanted to talk about the east side of IH-35 and commented they are trashy, trashy areas. They look like a junk yard and she can't believe there isn't something the City can do about it. Whether on the east side or on the west side. an appearance like that is going to hurt business. Who wants to move into an area next to a junk yard and a big pile of trash? Mrs. Marsh stressed she thinks it's deplorable especially when the City has been looking for beautification projects to enhance all the major entrances. Mr. Sweatt noted that just last week they had accomplished the cleaning up of the area near La Pasadita to which Mr. Potempa pointed out the owner of that property was just buried three days ago. Mrs. Marsh reiterated she just I can't see how the City can permit that situation to exist. It is so terrible. When an individual is traveling up and down IH-35, and they are going to the restaurant and will be going to other restaurants, they pass this trash. Mrs. Marsh said she doesn't believe the City can't do anything r . , ..., '.,',1 --, ~ -4.;t- ~ 6/ about i,:. Mayor Bl.ldwin stated the ordinances just aren't there. Mrs. Marsh inentioned we have a nuisance ordi nance and ordi nances for lo:s of other things. Surely, there's something which applies to this situation. Mayor ~aldwin remarked that a long time ago they talked about passing a housing code which would require people to maintai~ their residences and rental properties in a certain condi ti.,n. It's been a number of years ago, and Mayor Baldwin indicated the Council felt that was a little too dictatorial. Mr. S~eatt, saying he was not looking for an excuse, comment~d the City tries to promote and encourage compliance rather :han issue citations for non-compliance. Mr. Sweatt comment,~d if they fail, they often times err on the side of the p~)perty owner if he promises compliance. They prefer not to 'lse heavy-handed tactics. Mrs. Marsh pointed out this has been going on for six years. How long is the City going to wait? Mr. McDonald related Bishop Center was there when he moved to New Braunfels in 1968. Mrs. Marsh admitted she doesn't care how l01g it's been there because it's a trash heap discour,l.ging businesses from coming in and making the entranc~ to the City ugly. Mr. McDonald offered the opinion they may just be trying to drive up the price of the land. Mr. P)tempa advised the junk yard across the street from Mobile Villa is no longer in operation. The owner of the propertr on the other side of the street just passed away. Mr. p,)tempa indicated there is a "For Sale" sign on the propertr and he's sure the son has good intentions If he recalls correctly, it is commercial property. Mr. Sweatt remarkei one of the properties did get cleaned up. Mayor ~aldwin asked about the fences that are partly blown down. Is there any way to get them repaired? Mr. McDonali, saying the City had talked with them four or five times ~ithout result, suggested issuing citations. If, however, they are not in violation of any code, there may be nothing we can do. Mrs. ."'arsh commented that the gentleman has written a nice letter of concern about the IH-35 area, specificallY Bishop Center, and feels the City owes him, and all the people who are suffering because of this, an answer about what we can do and what we intend to do. Mr. Sweatt informed Mrs. Marsh :he inspectors are addressing the situation to see what el;e can be done to clean up the area. ~ 6:1- 'I Mr. Potempa mentioned that the antique car sales lot, next to the R.V. Park, is also looking bad. Mayor Baldwin recalled that the gentleman from there had been in and promised the Council he would keep the lot in good condition. Mr. Greenwald added he had promised no more than three or four vehicles out there at one t~me. There's fifteen to twenty out there now. Mr. Sweatt brought up the fact that the area where he talked about the storage is back behind the screening fence. Mr. Greenwald stressed they are not referring to the storage area, but rather out where he has the lot with cars for sale. If you go back and read the minutes you will see where he concurred he would only keep three or four vehicles there at a time. If ne~ssary, he would rotate them until he got them sold. Mr. Potempa noted it also looks like he has used car parts stored. there. It looks like a junk yard.'- I Mr. Sweatt mentioned that the antique car sales and Bishop Center are not the same. The Council agreed, but said if you drive by there, you can't tell them apart. Mayor Baldwin commented he was sure the City could pass ordinances that would give them control over that, but you can over-ordinance. Mrs. Marsh related she wasn't talking about passing a new ordinance, surely there's one in existence that covers this situation. That's a nuisance and we ha~e a nuisance ordinance. Mayor Baldwin commented you have to have a specific, definitive description of what he's doing that basically meets the requirements of nuisance as described by our ordinance. Mayor Baldwin then wondered about the abandoned vehicle ordinance and if it would cover some of this. I Mr. Sweatt explained he would be happy to investigate it and send a response to the gentleman who wrote the letter. #6 Discuss awarding depoSitory bid. Mr. Sweatt advised the Council they have received only one proposal. There are several significant areas of concern and as a result, he would like for them to consider continuing this item on the table and not expect to have a final report before at least next Tuesday, and perhaps not by then. Several things need to be clarified. At this stage there is no recommendation. 17 Discuss park development matters. Mr. Sweatt reminded the Council that for some time now the I City has been accumulating funds according ~to the subdivision regulations that deal with park development. We have also received the proceeds from the sale of land in the Oak Forest Subdivision. We curr..ntly have $38,296 available for park development. A new park, the xeriscape park, is planned and underway in the Dove Meadows Subdivision. We (- J \- .-/ ~ 6.3 received part of the funds from a park service grant and have received local donations, but are now in need of substantial funds to continue its development. At the same time, we have discussed on numerous occasions the need to do painting at the large pavilion. We have received a preliminary estimate on the cost for the painting, but it does not include the cost of the removal of any of the old paint or the disposing and testing that would be required. The painting alone is estimated to be in the vicinity of $20,000. We reviewed with the engineers the estimated cost of paving the parking lot, some dirt work, sidewalks, one starter garden area in the xeriscape park and some water distribution lines, and that's estimated to be about $32,000. Clearly, we do not have enough money in the park developnent fund to do both the xeriscape park and the pavilior. Mr. Sweatt asked the Council to consider authori2ing the City to proceed with design and advertising bids fer work on the xeriscape park and hold action on . the paintin~ of the pavilion until we're able to research some alternatives about resealing the existing surface or removin~ the surface efficiently and effectively. At that time we will come back to Council either in the budget or in capital bonds to look for funds to take care of the pai nti n~ . " Mr. Slleatt went on to say they had spoken with the engineels and they don't believe, even though there is rust, it is sE'rious enough to affect the pavi lion. Another ten to twelve months would not create a problem. Mr. Sweatt emphasi~;ed we need to move ahead with one or the other of these plojects. Mr. S~eatt, at the request of Mayor Baldwin, repeated what was in~luded in the $32,000 for the xeriscape park. Mayor Baldwin then asked for discussion by the Council. Mrs. l~rsh stressed she had been told over and over again not to put it in the budget because they would use the proceedl; from the sale of the land in Oak Forest to repair the pavilion. It needs it. It has to be done soon. If it isn't (~ne soon, we will run into serious problems and it will cost twice as much. When you say you're going to do somethit9' you ought to do it. Mr. Sweatt assured Mrs. Marsh hey are going to do it, but there's not enough money right ow for both projects. Mrs. Marsh suggested the finaliZ,ltion of the project be included in next year's budget. Mrs. S':anhope asked Mr. Sweatt how much he had looked into what was done to the pavilion previously because Jerry Graham had assured her nothing would have to be removed,. Mr. S'..eatt replied the test resul ts don't show that. It was palnted in 1979 and employees who could know Were ~ tl/ ~ canvassed and they said nothinq else was done to the I pavilion except a number of years ago the legs beams were painted some eight to ten feet high. Mr. McDonald asked if anything was Sweatt answered no. Mr. Greenwald the contract from 1979 beoause as he was a complete sandblast removal waterblast and complete paint job. what was done. removed in 1979 and Mr. recommended digging out recalls we were told it of all red oxide, We need to know exactly Mr. Sweatt advised there's only one section of the paint that has a lead content higher than what is allowed today. The problem is not in the paint, it's in the cost of disposing of it once you remove it. You have to contain all of it, for contamination purposes, when it's sandblasted and pay for the disposal of it in a certain manner. Mrs. Stanhope observed that wouldn't be necessary if it's already been done. Mr. Sweatt indicated that according to the test results it hasn't been done. Mrs. Stanhope asked when the test results were done and who did them. Mr. Sweatt answered they were done December 10th by the San Antonio Testing Laboratory. I Mrs. Marsh asked how long this was supposed to last to begin with and Mr. Sweatt reiterated there's only one section of the paint that has a lead content higher than what is allowed today. The problem is not the paint, it's the cost of disposing of it properly. Mrs. Marsh said her question really was if the sandblasting that was supposedly done in 1979 was done properly, would it have precluded the pavilion being in the shape it's in today. Mayor Baldwin replied there were no restrictions in 1979 and he's sure they probably sandblasted the rough spots before they painted it. Mr. McDonald pointed out even if it's clean paint. the problem would be the containment of the sandblasting material coming off it. Mr. Greenwald agreed. Mr. Sweatt mentioned they are investigating it and there is said to be an alternative. There is supposedly a new product on the market that is a chemical which neutralizes the base and then acidifies/melts it and solidifies it again so you can paint over the top of it. Our engineers haven't been able to find it yet and it may be more expensive than the containment, testing and disposal. Mayor Baldwin asked Council if they want to do the pavilion I first. Mrs. Stanhope suggested dOing the pavilion first because it is used the most. The xeriscape park isn't even developed yet. Mayor Baldwin reviewed the fact both Mrs. Marsh and Mrs. Stanhope think the pavilion ought to be done first and then asked if there's one more person who feels ( ~ ~5' that wa~. Mr. McDonald answered yes and no - he has a question first. Can a portion of the motel/hotel tax be used for the pavilion to enhance tourism? Mr. Sweatt answered the rules allow a small percentage of it to be used for that. Mr. McDonald asked it that would be a vehicle to fund the painting of the pavilion and Mr. Sweatt answered possiblY. Mr. McDonald confirmed we could not use the hotel/motel tax to build a park and was told by Mr. Sweatt that would be a stretch. Mrs. Marsh clarified the point that the money doesn't have to be spent right now. She suggested earmarking it for the pavilion and putting it in to earn money while waiting for a determination to be made. The Coun~il agreed the money should be held until they get some hard core cost figures. Mr. McDonald requested they add the stipulation that if there's not alternative funding, the hotel/motel tax can be used. Mrs. Stanhope added the new process should be investi9ated. #~ CITY MANAGER'S REPORT: Mr. Sweatt reminded the Council of the January 5th forum on the sales tax election. #9. ITEMS BY COUNCIL: Mr. 3009, trle Woodland Oaks exit, and signs sEt, it's hard to make a cannot see around the barricades. would give them a call. McDonald brought up FM said with where the road right turn because you Mr. Sweatt indicated he Mr. G~eenwald: A. Announced Zoning 1eeting last night there new ani al clinic to be located be a dr ve-through faCility. that at the Planning and was a presentation on the in Tri-County Park. It will B. Related also that at the Planning and Zoning meeting, a plat WlLS approved for Bill Miller Barbeque. The gentleman mention~d that as soon as he left here, he had to send the plat U!,> to the Texas Department of Regulation and Licensing to be approved. Apparently there was a state law passed, and MiJ:e Spain will research it. Mr. Spain admitted that supposecily it's a state agency authorized to review plats for COllpliance with ADA. Mr. Greenwald expressed an i nteresi, in knowing what legis lation authorized this agency. # lO ITEMS BY MAYOR: A. Reported he noticed coming back from Austin this afternoon that our new wall has graffit.. on it already. ---- B. Meltioned a steering committee meeting of the MPO if anyone';; interested in attending. The topics of discussion will bl the long-range transportation plan for the area and an ameldment to the 'FY 95 unified planning work program for VIA Met~opolitan Transit. "- -4a- ., bfe> ..<~~ III ADJotJRfe,i!..I..: On a motion secdnded by Mr. McDonald and carried meeting was adjourned by Mayor Baldwin at by Mr. Potempa, unanimously, the :20 p.m. ATTEST: -~! ~,~"'-.) Deputy city Secreta~y,: City of Schertz . - ~ I I I .J