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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