ccswks 07-26-1995
~:? / S"
SPECIAL MEETING OF THE CITY COUNCIL
JULY 26, 1995
The Schertz City Council convened in Special Workshop
Session on Wednesday, July 26, 1995 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; Joe Potempa; Timothy Swinney and Ken
Greenwald. Staff present were City Manager Kerry Sweatt
and City Secretary Norma Althouse.
#1 HEARING OF RESIDENTS: James Harris of FM 1518
and Schaefer Road had signed up to speak regarding the
Restoration Advisory Board. Mr. Harris reported he had
attended a Commander's Environmental Leadership seminar
yesterday at Randolph AFB. Everything was about the
environment - air, water, toxic pollution. Basically this
was for Commanders, trying to get them involved about
what's going on in the environment. Mr. Harris said if
anyone has questions or wants to speak with him after the
meeting he will be glad to spend time with them.
Mr. Harris asked if Schertz has a toxic waste
representative in the City for monitoring purposes and for
answering questions from citizens. He has a lot of
pesticides around his house he needs to get rid of. Do we
have a legal way, in the City, to dispose of these
pesticides? Mr. Sweatt answered TNRCC has funded several
sites around the Metropolitan area for disposal of oil and
other products, but he doesn't believe there's one for
disposal of pesticides.
Mr. Greenwald interjected TNRCC is planning to fund a site
in New Braunfels. Mr. Harris commented Universal City has
a site, but you have to show your utility bill receipt, or
some other receipt proving you live there, to be able to
use it and probably New Braunfels will be the same way.
Mr. Harris stated, again, he has some things around his
house he needs to get rid of and he wondered if there was
any way to do it legally.
Mayor Baldwin asked how you dispose of motor oil and Mr.
Sweatt replied as far as the City goes, they have a
collector who pays a nominal fee per gallon and some of the
oil goes to a reuse operation.
Mr. Swinney asked if the City could have a toxic clean-up
day the way they have a brush clean-up day. There was a
brief discussion on this with Mr. Harris saying it's too
dangerous to just put out for someone to pick up. Mr.
Swinney thought maybe there could be a central collection
point. Mr. Sweatt remarked he would have to check into it
to see what the City would do with it and by what means
they could dispose of it.
Y/k
Mr. Greenwald, saying he works with all kinds of solvents,
paints, oils, etc., mentioned there's anywhere from a $500
to $700 fee for disposal of a 55 gallon barrel plus
transportation, if you can find someone to take it. Mr.
Swinney stressed he would not advocate that the City pick
up the cost for disposal. Mr. Sweatt indicated he would
try to get some information about disposal sites and costs.
Mr. Harris related Universal City just had a day, so they
probably have some information. Mr. Greenwald noted the
City of New Braunfels had a day and it was very successful.
Mr. Greenwald then added it's certainly a lot safer if you
can dispose of hazardous materials properly.
#2 ORDINANCE: Consider and take action. on final
reading of the revised Flood Plain Ordinance.
Mr. Sweatt
tonight for
July 31st.
additional
ordinance.
recommended
mentioned this is on the workshop agenda
action because it has to be mailed to FEMA by
There are a few basic technical changes, some
definitions and some rearrangement of our old
First reading has been approved and it is
it be passed on final reading this evening.
Mayor Baldwin introduced an ordinance and read the caption
as follows:
ORDINANCE NO. 95-M-19
ESTABLISHING A DEVELOPMENT PERMIT SYSTEM AND
ADOPTING REGULATIONS REQUIRING DEVELOPMENT
PERMITS FOR CONSTRUCTION IN FLOOD PLAIN AREAS
HAVING SPECIAL FLOOD HAZARDS; PROVIDING FOR
REVIEW OF SUBDIVISIONS; MAKING PROVISIONS
RELATED TO DEVELOPMENT WITHIN THE CITY OF SCHERTZ
DESIGNA.I.~lJ FLOOD PLAINS; VESTING .u:u.. CITY
MANAGER WITH .u"~ RESPONSIBILITY, AUTHORITY AND
MEANS TO ADEQUA-J.-r.;LY ADMINISTER AND ~J.'~ ORCE THIS
ORDINANCE; PROVIDING A SAVINGS CLAUSE AND FOR
A&"U: REPEAL OF ALL ORDINANCES IN Cv'J.\j.t.uICT
A~REWITH; PROVIDING FOR A PENALTY; PROVIDING
AN E~~~CTIVE DATE AND C....'..~AAINING "''''A'~K PROVISIONS
RELATING TO ...:6~ SUBJECT.
Mr. Potempa moved to approve the final reading of the
revised Flood Plain Ordinance. Mr. Greenwald seconded the
motion, which carried with the following votes:
AYES: Councilmembers McDonald,
Greenwald.
Potempa, Swinney and
NAYS: None.
#3 Discuss proposed changes to Schedule of Fees.
Mr. Sweatt reminded Council that in their packets is a
memo from the Planning and Zoning Commission regarding
$~
current fees. The memo reiterates that we have
reviewed filing fees in a number of years and there
probably certain fees that reflect rising costs. There
currently no fee for review of site plans. There
however, considerable paperwork and review involved
site plans, much as there is with plats.
Planning and Zoning is recommending a $25.00 charge for
site plan review. They are also recommending the following
in plat filing fees: (l) a change in the plat filing fee
from the current $75.00 to $100.00; (2) a change from the
current $20.00 to $25.00 for each acre or fraction thereof
for the first five acres; (3) a change from the current
$7.50 to $10.00 per acre or fraction thereof for each
additional acre; and, (4) a change in the current county
filing fee from $60.00 to $75.00 per sheet.
not
are
is
is,
with
Mr. Potempa asked if building permit fees will stay the
same and Mr. Sweatt replied they will. Planning and
Zoning has reviewed with the staff, the planning, public
works and engineering detail involved with plats and site
plans and therefore made the recommendations already
mentioned. Mr. Sweatt noted the raise in fees will
probably not cover all the costs, but at least the raise in
fees will help the City recover part of the costs and at
the same time not represent an onerous charge.
Mr. Swinney asked if the $75.00 filing fee per sheet
represents what all three counties are charging and was
told by Mr. Sweatt it does. Mr. Greenwald reported they
looked at what each county charges, and they considered the
time involved where it takes someone to be physically out
of the office to go and file the plats. Mr. Greenwald
further stated that in most cases this makes them at least
comparable with what other surrounding cities are charging.
Naturally, in some cases it is less.
Mr. Potempa asked if Schertz is out of line with other
cities. Mr. Sweatt replied these new rates will not make
us higher because some of the other cities still charge
more. Mr. Potempa then wondered why not just make our
charges higher now than what's been recommended so we come
up to the other cities' standards. Mr. Sweatt answered
these new rates will make us comparable and it was felt it
would not be advisable to raise them in one big jump. We
will take a look at them in another year.
Mr. Sweatt added he wanted to point out that if the site
plan is filed as a part of the plat, there will not be a
separate site plan charge. Mr. Potempa asked if the City
is losing money when they file them jointly. Mr. Sweatt
replied when they are reviewed jointly, they are reviewing
anyway and it's not that much more time, but/he suspects
they are still losing money. Mr. Potempa then wanted to
know if $55.00 would be too much and Mr. Sweatt replied he
thought that would put them higher than they want to be.
J/i'
Mr. Greenwald compared it to the $50.00 fees charged for
public hearings and said the City has to pay to publish the
legal notices and then pay postage to send out the letters
to property owners. In some cases it may not cost $50.00,
but sometimes it may cost several hundred dollars. Where
do you draw the line?
Mr. Sweatt suggested Council consider authorizing these
changes to the Schedule of Fees and Council indicated they
were ready for this item to be placed on next Tuesday
night's agenda for action.
#4 Discuss bids for repainting park pavilion.
Mr. Sweatt acknowledged this has been discussed in
considerable detail and part of the concerns are
environmental issues. The Engineering Department prepared
plans and specifications for bid packages and the deadline
to submit bids was July 14th at 10:00 a.m. Three bids were
received. Converse Painting submitted a bid of $69,500,
Travis Industrial Painters Inc. submitted a bid of $39,500
and General Construction by Randy's submitted a bid of
$21,200.
The City asked Ford Engineering to review the low bidder,
which they did, and they are recommending the bid be
awarded to General Construction by Randy's. This company
has been in the sandblasting and painting business for
approximately 10 years and has worked on numerous projects.
Mr. Sweatt went on to say, as previously discussed, the
original stripping work will probably not begin until after
September 5th, following the closing of the pool. A hold
has been placed on pavilion reservations from September 5th
through November 5th.
Mr. McDonald asked what we get for $21,200. Are they
going to paint the whole thing? Mr. Sweatt replied they
will waterblast it and collect the residue, and then a
certain mil thickness of paint will be used on the girders.
It was decided the underside of the roof is not in need of
painting. The overspray will help conceal that, but the
intent is to cover the original red iron work.
Mr. Potempa asked
Sweatt replied we
$30,000.
what was budgeted for
made a mid-year budget
this and
adjustment
Mr.
of
Mr. McDonald asked if the overspray will cause it to look
striped and Mr. Sweatt answered the engineer felt it would
blend in.
Mr. Greenwald wondered if the bid included some kind of
oxidizing primer and Mr. Sweatt replied he thought so, but
would have a definite answer by Tuesday's meeting.
Mr. Swinney asked if it would be possible to repair the
basketball goals while the area is closed off for painting.
Y/1
Mr. Sweatt promised to check into it.
Council indicated they were ready for this item to placed
on next Tuesday night's agenda.
#5 EXECUTIVE SESSION: Called under Chapter 551 of the
Texas Government Code, Sub-Section 55l.074, Personnel
Matters, to deliberate the appointment of a public officer.
An Executive Session was held from 7:23 p.m. to 8:40 p.m.
#6 CITY MANAGER'S REPORT: A. Remarked, that with
permission of Council, he would like to place an action
item on next week's agenda in the form of a resolution
regarding purchase of right-of-way on FM 78. Council
approved.
B. Reported that Planning and Zoning Commissioner Ernie
Evans's father-in-law passed away and the City acknowledged
that.
C. Announced the TML Region 7 meeting will be held August
18th in Leon Valley. Anyone wishing to attend please let
him know by August 3rd.
#7 ITEMS BY COUNCIL: Mr. Swinney: A.
jokingly, he read in the Herald about
regarding the Northeast Partnership and
taking unauthorized junkets.
Mentioned,
our concerns
their members
B. Commented on a letter the Council received from
Mohammed Khalani, regarding employment of his nephew Andy
at the Texaco Station at the corner of Aero and Schertz
Parkway, and wondered why someone would be given a leave of
absence if they are told they will never work there again.
Lori Peters from the Herald stated it could not be
confirmed that Andy was fired. Mr. McDonald brought out
the possibility of it having something to do with his
immigration status.
Mayor Baldwin noted that Mr. Khalani sent this letter to
the editor of the Herald and there's a good editorial in
the paper about the letter.
~r. PotemDa: Inquired what they're doing to Schertz
Parkway. What's going in there and why are they tearing it
up? Mr. Sweatt advised the telephone company is laying in
a major fiber optics line to serve Ashley Place. Mr.
Potempa suggested someone tell them to get flagmen up
there, he almost ran over someone this evening. Mr.
Potempa then asked if they have permits and Mr. Sweatt
replied they do.
Mr. McDonald: A. Asked about a completion date for
FM 3009 and Mr. Sweatt implied, that hopefully, they
should be finished by early August.
J~D
B. Questioned if there's going to be any lighting along FM
3009 and Mr. Sweatt explained the City had asked for some
specific lights and GVEC will be placing those. In most
cases, however, they are waiting for the contractor to get
out of the way.
Mr. Greenwald inquired, though, if they are putting up
some lights. Mr. Sweatt answered yes and then commented
after the work is completed, we need to go back and look
again at the light distribution. The primary intent is to
light intersections and other traffic hazard areas. The
lighting is not currently designed at expressway level.
Mr. Greenwald: A. Reported that Don McCrary was at the
Planning and Zoning meeting last night representing Ashley
Place. They are platting Unit 2 because Unit 1 is selling
so fast that if they don't get Unit 2 platted and the
utilities in, they'll be behind the power curve.
Mayor Baldwin, saying he had driven through Unit 1,
couldn't believe the number of sold signs on the lots.
Mr. Swinney asked how many lots are in Unit 1 and what the
price range is and Mr. Greenwald answered he thinks
there's approximately 155 lots and the price range is from
the low $90,OOO's and up.
Mr. McDonald related that a gentleman from Wolfe's Nursery
spoke with him last night and told him how impressed he was
with the construction in Ashley Place. The gentleman
referred to the fact Ray Ellison's reputation has not
always been great, but he feels this is some of the best
construction he's ever seen.
B. Stated Planning and Zoning received a final plat on a
mini-storage project at FM 3009 and the Southern Pacific
Railroad.
Mayor Baldwin asked if anyone had heard whether or not the
County bought a piece of property on FM 3009. He knows
they're looking for a place to build a courthouse annex.
No one had heard anything.
Mr. Potempa
Miller's and
August 1st.
inquired about an opening date for Bill
Mr. Greenwald thought it should be around
C. Indicated there had been an informal planning session
about an Arby's locating in Schertz, but nothing firm yet.
D. Mentioned there's one more section to do on the UDC and
then it will be submitted to Council. It will combine all
the ordinances. It looks pretty good and contains a lot of
Merwin Willman's work. Mr. Sweatt observed he's sure it's
too long for one meeting.
J~/
D. Noted a gentleman from RAYCO was in talking about
putting up a directional development sign on FM 78.
Planning and Zoning told him a moratorium on signs had been
placed on that area until a final right-of-way map is
received from TXDoT. Mr. Greenwald doesn't think it
should be up to the City to allow them to put up a sign and
then have TXDoT change the right-of-way so we get stuck
moving the sign. For the most part, the gentleman
understood Planning and Zoning's concerns, and the
Commission told him if we get a good final right-of-way
map, he's welcome to come back and request a sign. Even
without the sign, they're selling all their lots.
Mr. McDonald related he had taken it upon himself to visit
the One star ice house on Oak Street this past week. It is
the filthiest place he has ever seen. It has unclean
windows which tells him the store in unkempt. There's
trash outside and inside and it's right next door to a
child day care center. There was an inspection certificate
in the window indicating it got a C rating which is not too
good. Mr. McDonald said if it were up to him, the place
would have gotten a Z.
Mr. Potempa suggested closing it down until it's in
compliance and Mr. Swinney expressed concern about why
citizens patronize a place like that.
Mr. McDonald then asked why the sales tax is down. Mr.
Sweatt explained that his best guess is that it has
something to do with the filing report period.
#8 ITEMS BY MAYOR: A. Requested Mr. Sweatt place
approval of the Northeast Partnership by-laws on an
upcoming agenda. The Partnership would like to elect
officers in August and to do that they need all the
participating cities to approve the by-laws. The Mayor
indicated he would like, if possible, final approval on
next Tuesday night's agenda. If not on Tuesday's agenda,
then on the next workshop agenda which would be the day
before the Northeast partnership meeting. The Council,
following a discussion about their concerns regarding
accountability, consented to having this as an action item
on next Tuesday's agenda.
B. Announced he received a letter from Sharon Jost of 1200
Cedarwood stating she had read the Newsletter article on
the organization they're trying to start for survivors of
emergency service providers. Ms. Jost included in the
letter information on the 100 Club in San Antonio created
for police and fire workers and said Jerry Marshall,
Executive Director of Bexar Metro 911 Network District, is
on the Board of Directors. Ms. Jost hoped the information
was helpful.
The Mayor explained there was an article in the Newsletter,
written by a resident of the City, concerning starting a
100 Club in Schertz. He wondered if there's any interest
Jct?.9-
on the
opinion
it is
Council
part of Council to look into this. His personal
is that it's not so much a City responsibility as
the responsibility of interested citizens. The
agreed.
C. Reported on the Schertz Business Association:
(l) They want to start doing official ribbon cuttings and
grand openings for new businesses in Schertz. They have
formed a committee to handle that. The Mayor said they
will call him and they will call Mr. Sweatt, but it would
be nice if some of the Councilmembers could also attend
these ceremonies when possible.
(2) They also discussed the 4th of July Jubilee and the
fact it has grown to a point too big to handle for a small
group of Business Association volunteers. They are looking
for new ideas and new blood for the Jubilee and for the
parade. Not only is it wearing the Business Association
members thin, but also the City staff. One thing Mr.
Sweatt spoke about at the meeting was the length of it. He
recommended cutting it back to just the 4th of July Jubilee
and not make it a 3 or 4 day event. The reaction to this
was mixed.
The Mayor commented he made the recommendation they form a
Schertz 4th of July Jubilee Association. It could be
turned over to a group of volunteers that want to run it
every year. This would not take it away from the Business
Association, but would give it to a group who are willing
to work on it year round.
#9 ADJOURNMENT: On a motion by Mr.
seconded by Mr. Swinney and unanimously
meeting adjourned at 9:32 p.m.
Potemoa
carried,
and
the
~
May~, City of Schertz, Texas
ATTEST:
~~
City Secretary, City of Schertz