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ccreg 07-21-1998 . . . REGULAR SESSION OF THE CITY COUNCIL JULY 21, 1998 The Schertz City Council convened in Regular Session on Tuesday, July 21, 1998 at 7:00 p.m. in the Council Chambers of the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Hal Baldwin, presiding; Councilmembers Pia Jarman, Joe Potempa, Timothy Swinney and Ken Greenwald. Members absent: Norman W. Agee, Sr. Staff present were City Manager Kerry Sweatt and City Secretary Norma Althouse. Mayor Baldwin asked everyone to rise and join him in the Pledge of Allegiance to the Flag. #1 APPROVAL OF MINUTES: Regular Session 6-02-98 Special Workshop Session 6-10-98 Mrs. Jarman moved to approve the minutes, as written, for the Regular Session of 6-2-98 and the Special Workshop Session of 6-10-98. Mr. Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers Jarman, Potempa, Swinney and Greenwald. . NAYS: None. #2 HEARING OF RESIDENTS No one had signed up to speak. #3 ORDINANCE: Consider and take action on final reading of Ordinance rezoning two parcels, 5.290 acres and 5.674 acres, out of Guadalupe County from Single-Family Residential Dwelling District (R-1) to Public Use District (PUB). Mayor Baldwin introduced an ordinance and read the caption as follows: ORDINANCE 98-8-22 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE UNIFIED DEVELOPMENT CODE (UDC) ORDINANCE NO. 96-5-28 BY REZONING TWO TRACTS, 5.290 ACRES AND 5.674 ACRES, OUT OF GUADALUPE COUNTY AND REFLECTING SUCH CHANGES ON CERTAIN ZONING MAPS IN ACCORDANCE WITH THE SCHERTZ UDC ORDINANCE. . -255- . . . Mr. Greenwald moved to approve the final reading of an Ordinance rezoning two parcels, 5.290 acres and 5.674 acres, out of Guadalupe County from Single- Family Residential Dwelling District (R-1) to Public Use District (PUB). Mr. Potempa seconded the motion, which carried with the following votes: AYES: Councilmembers Jarman, Potempa, Swinney and Greenwald. NAYS: None. #4 ORDINANCE: Consider and take action on final reading of Ordinance revising Development Fees. Mayor Baldwin introduced an ordinance and read the caption as follows: ORDINANCE NO. 98-M-23 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS REVISING THE SCHEDULE OF FEES; AND PROVIDING A REPEALING CLAUSE AND AN EFFECTIVE DATE. . Mrs. Jarman moved to approve the final reading of an Ordinance revising the Development Fees. Mr. Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers Jarman, Potempa, Swinney and Greenwald. NAYS: None. #5 BID AWARD: Consider and take action awarding bid for emergency services buildings. Mr. Sweatt advised that as a result of Council's review and discussion at the workshop last week, they are recommending the bid for the emergency services buildings be awarded to E. Roberts Company, Inc. The base bid would be for $3,780,000 plus alternate #1 (foundation for $11,000), alternate #2 (colored metal roof and windows for $26,600), alternate #5 (control gates for $9,000), alternate #7 (masonry fence/east end for $51,000) and alternate #10 (Schertz Parkway sidewalk for $3,500). This would make the grant total of the bid award $3,881,100. . Mr. Sweatt went on to say several other alternates were discussed and Norris Fletcher is here this evening with the results of his inquiries. Mr. Fletcher related he had spoken with Earl Roberts and Mr. Roberts agreed to hold the prices on the alternates for the towers, the concrete work and the ceiling fans for 60 days from the bid date. The City would like to hold the alternate price on the towers -256- . . . for 180 days. Mr. Roberts is willing to do that if Council will allow him to add any escalation in price of up to 10%. Mr. Swinney asked if they are going to look at concrete around the entire building. Mr. Sweatt advised Mr. Roberts will hold the alternate price for concrete for 60 days. Mr. Fletcher felt that is money the City doesn't need to spend at this time. Mr. Swinney said he is under the impression concrete lasts longer than asphalt. Mr. Fletcher agreed that's true. Mr. Potempa inquired about the lifetime of concrete and Mr. Fletcher replied he doesn't know of any that's worn out. Mr. Sweatt added he doesn't see asphalt as being a long-term maintenance issue. Mayor Baldwin commented he doesn't see why the contractor can't extend beyond the 60 days, but he can't see giving him 10%. The Mayor then asked if there's any support from Council for an extra $20,000 for concrete and there was none. Mayor Baldwin then inquired if there's any support from Council to extend the alternate price on the towers for 180 days and agree to add any escalation up to 10%. Council did not support this either. Mr. Sweatt noted that the ceiling fans are not included in this. They think they can do change orders to wire in certain locations and negotiate with the contractor for less cost. . Mayor Baldwin verified that this bid amount does not include any library work and Mr. Sweatt replied that's correct. Mr. Sweatt stated the grand total of the bid award is $3,881,100. This includes the base bid of $3,780,000 plus alternates #1, #2, #5, #7 and #10. He still has hopes of finding some reserve contingency money for the towers. Mr. Swinney moved to award the bid for the emergency services buildings to E. Roberts Company, Inc. This includes the base bid of $3,780,000 plus alternate #1 (foundation) for $11,000, alternate #3 (colored metal roof & windows) for $26,600, alternate #5 (control gates) for $9,000, alternate #7 (masonry fence/east end) for $51,000 and alternate #10 (Schertz Parkway sidewalk) for $3,500 for a grant total of $3,881,100. Mr. Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers Jarman, Potempa, Swinney and Greenwald. NAYS: None. Mr. Fletcher asked if they had talked about the groundbreaking and Mr. Sweatt answered Council had mentioned a Saturday versus a weekday. Mr. Sweatt then inquired if Council had decided on a date and time. After a brief discussion, it was decided to go with Saturday, August 8th at 9:00 a.m. . -257- . . . Mr. Fletcher stated if it were agreeable with Council, he would go ahead and get the contract drawn up. That can be done in approximately 10 days to two weeks. Council gave their okay to this action and instructed Mr. Fletcher to go ahead. #6 PUBLIC HEARING: To receive citizen comments on a request by Robert C. and Lattice Fay Buckhanan for a Specific Use Permit allowing them to operate a "Full-Service Family Hair Center" at 11629 Schaefer Road. Mayor Baldwin explained the procedures to be followed for the public hearing. Mr. Sweatt pointed out the location on the map and stated the property is zoned Residential/Agriculture (RIA). The Buckhanan's are proposing to place a modular unit on the property about 30' from their home. Mr. Sweatt further stated three (3) letters were sent to property owners within the required distance. One (1) was returned in favor of the request and none were received in opposition. This Specific Use process passes through Planning and Zoning only for review. The decision is up to Council. The applicants had nothing further to add and there were no questions from citizens or the Council, so Mayor Baldwin closed the public hearing at this time. #7 Consider and take action on above request for a Specific Use Permit. . Mr. Greenwald moved to approve the request for a Specific Use Permit from Robert C. and Lattice Fay Buckhanan allowing them to operate a "Full-Service Family Hair Center" at 11629 Schaefer Road. Mr. Potempa seconded the motion, which carried with the following votes: AYES: Councilmembers Jarman, Potempa, Swinney and Greenwald. NAYS: None. #8 PUBLIC HEARING: To receive citizen comments regarding proposed changes to the Unified Development Code (UDC). Mayor Baldwin, once again, explained the procedures to be followed for the public hearing. Mr. Sweatt advised there is nothing new to add since the changes were discussed at the workshop. There being no further comments or questions, Mayor Baldwin closed the public hearing at this time. #9 ORDINANCES: Consider and take action on first reading of Ordinances regarding changes to the UDC. . -258- . . . Mayor Baldwin introduced the first ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE UNIFIED DEVELOPMENT CODE, ORDINANCE NO. 96-8-28, CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING ARTICLE VI, DENSITY AND DIMENSIONAL REQUIREMENTS; SECTION 5, BUILDING SEPARATION (RESIDENTIAL); ARTICLE XI, PLATTING, SECTION 31, SIDEWALKS; ARTICLE XVI, ADMINISTRATIVE PROCEDURES, SECTION 5, PROCEDURES FOR ZONING CHANGES, SECTION 6, PUBLIC HEARING - PLANNING AND ZONING COMMISSION AND SECTION 7, PUBLIC HEARING - CITY COUNCIL; AND PROVIDING A REPEALING CLAUSE. Mr. Potempa moved to approve the first reading of an Ordinance regarding changes to the UDC as listed in the above caption. Mr. Greenwald seconded the motion, which carried with the following votes: . AYES: Councilmembers Jarman, Potempa, Swinney and Greenwald. NAYS: None. Mayor Baldwin then introduced the second ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE UNIFIED DEVELOPMENT CODE (UDC) ORDINANCE NO. 96-8-28, CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING ARTICLE XVI, MEMBERSHIP AND APPOINTMENT; SECTION 8, BOARD OF ADJUSTMENT; AND PROVIDING A REPEALING CLAUSE. Mr. Greenwald moved to approve the first reading of an Ordinance regarding changes to the UDC, specifically to Article XVI, Section 8 regarding the Board of Adjustment. Mr. Swinney seconded the motion, which carried with the following votes: AYES: Councilmembers Jarman, Potempa, Swinney and Greenwald. NAYS: None. . -259- . . . (Upon request, the two ordinances regarding changes to the UDC will be listed as A and B on the agenda when they are brought before Council for a final reading.) #10 RENEWAL OF TERMS: Consider and take action renewing terms to the Board of Adjustment (BOA). Mr. Potempa moved to renew the terms of James Harris, Norman Slocum, Peggy Brown and Anita Clark for another two (2) years to the Board of Adjustment. Mrs. Jarman seconded the motion, which carried with the following votes: AYES: Councilmembers Jarman, Potempa, Swinney and Greenwald. NAYS: None. #11 APPOINTMENTS: Consider and take action regarding appointments to the Schertz Development Foundation. Mr. Sweatt reminded Council a letter from City Attorney, Michael Spain, had been distributed to them regarding the issue of whether appointing Roy Richard to the Schertz Development Foundation would be a conflict of interest because he is the City Prosecutor. Mr. Spain says it does not create a conflict of interest. . Mr. Potempa asked if this letter clarifies his position on the TIF Board. Mr. Sweatt replied that the position of a Councilmember on the TF Board violates the City Charter and State law. Mr. Potempa then asked when a new chairman will be appointed to the TIF Board and Mayor Baldwin answered that will probably be an item on the next agenda. Mr. Potempa suggested appointing Jerry Bethke as the new Chairman. He then asked if Council would consider allowing him (Mr. Potempa) to serve as an ex-officio to the TIF. Council had no problem with that and Mr. Sweatt said even if not ex-officio, then maybe liaison. They need to check the by-laws of the TIF Board. Mayor Baldwin asked that the City check and see if Lewis Street wishes to continue to serve on the TIF Board. Mr. Greenwald moved to appoint John Sheridan and Roy Richard to the Schertz Development Foundation. Mr. Potempa seconded the motion, which carried with the following votes: AYES: Councilmembers Jarman, Potempa, Swinney and Greenwald. NAYS: None. #12 CITY MANAGER'S REPORT . · Reminded Council there is a joint meeting with Planning and Zoning tomorrow night in the library conference room. -260- . . . . Reported he visited with Norman Agee last week and he sounded much better. He is doing physical therapy at home and can have telephone calls mid morning. At the present time he is restricted from getting into a car. He will try and see him again this week. · Informed everyone there is a Region 7 meeting August 14th and he needs their RSVP's by August 10th. #13 ITEMS BY COUNCIL: Mrs. Jarman: · Mentioned attending the AMCC and commented it was really an education. The session on good governments was very interesting. She passed some information onto Mr. Sweatt about a fire rescue program she had learned about at one of the sessions. Mr. Potempa: Announced he will not be able to attend the joint meeting tomorrow night. . Mr. Swinney: · Commented he also enjoyed the AMCC. There was a parliamentary procedures session, a session on generational issues in the workplace and a briefing by an economist. The makeup of Texas is becoming more immigrants and less native Texans. One-third of the children live in a state of poverty. · Inquired if anyone is going to the Armory this weekend and the Mayor and Mr. Greenwald both said they were going. · Remarked he has been watching the interest rates and things look good. · Noted he is glad to hear a traffic signal at Woodland Oaks Drive and FM 3009 will be installed sometime in August or September. Mr. Sweatt stressed he hopes so. Mr. Greenwald: . · Questioned the status of the widening of FM 78 - what's the hold up. Mr. Sweatt replied the drainage design issue is one of the problems. TXDoT has hired a new Resident Engineer. Mr. Greenwald pointed out there's no way to recoup money if we buy unneeded right-of-way. Mr. Sweatt assured him right-of-way is not a problem. -261-