ccreg 11-19-1996REGULAR MEETING OF THE CITY COUNCIL
NOVEMBER 19, 1996
The Schertz City Council convened in Regular Session on
Tuesday, November 19, 1996 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 Charles McDonald;
Joe Potempa; Earl Sawyer; Timothy Swinney and Ken
Greenwald. 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.
The Mayor then introduced Nolan Edwards and Anita Clark of
the Schertz Business Club who are here this evening to
present a plaque for Employee of the Quarter.
Mr. Sweatt was pleased to announce that Patricia Ray who
works part time in the Finance Department is the recipient
of the Employee of the Quarter Award for the quarter April
through June of 1996. In addition to the plaque, Mrs. Ray
is entitled to a dinner for two at any of the restaurants
in Schertz and a day off with pay at the discretion of her
supervisor.
#1 HEARING OF RESIDENTS: Those citizens wishing to -
speak on agenda items (other than public hearing items) or
items not on the agenda, will be heard at this time.
No one had signed up to speak.
#2 PUBLIC HEARING: To receive citizen comments on a
request from John Caldwell to rezone approximately 370' of
property along IH -35 from General Business (GB) to
Manufacturing District - Light (M -1).
Mayor Baldwin explained the procedures that would be
followed for the public hearing.
Mr. Sweatt reported four notices were sent to property
owners within the required distance and one was returned in
favor of the rezoning. He pointed out the property on the
map and said it is located along the IH -35 service road in
the same place where Woody's used to be. The property is
currently occupied on one end by a real estate office that
we understand will likely be vacating for this process.
The request is for the rezoning of the back portion of the
property from GB to M -1 to allow the applicant to do tire
recapping activity in the back portion of the building.
The proposed use of the front portion of the building will
be a retail tire sales shop. The Planning and Zoning
Commission held a public hearing on November 12th and have
recommended this request be approved.
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Mr. McDonald expressed concern about an unusual amount of
smoke or offending odors from their recapping process and
the chance of fire. Mr. Greenwald explained that's not a
Problem because the vulcanizing process heats the cap onto
the existing casing. There is no open flame. There will
be some air emission, but they have to meet all the State
rules and regulations for that. It's primarily a sales
operation and primarily truck tires. It is a Firestone
process and not a fly -by -night operation. The tires will
have to be recycled.
Mr. Sweatt admitted one of his concerns is about open
storage of material along IH -35. Mr. Greenwald noted the
main operation will be in back of what was Woody's.
Mr. Swinney asked if there will be plenty of driveway area
and Mr. Greenwald replied yes there will be.
Mr. McDonald wondered if the rest of the property is zoned
M -1 and Mr. Greenwald replied it is.
Since Mr. Caldwell was not present and there were no
further questions or comments, Mayor Baldwin closed the
public hearing.
#3 ORDINANCE: Consider and take action on first
reading of ordinance rezoning approximately 370' of
property along IH -35 from GB to M -1.
Mayor Baldwin introduced an ordinance and read the caption
as follows:
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, AMENDING THE UDC ORDINANCE NO. 96 -S -28 BY
REZONING APPROXIMATELY 370' OF LAND OUT OF
GUADALUPE COUNTY AND REFLECTING SUCH CHANGES ON
CERTAIN ZONING MAPS IN ACCORDANCE WITH THE
SCHERTZ UDC ORDINANCE.
Mr. Greenwald moved to approve the first reading of an
ordinance rezoning approximately 370' of property along
IH -35 from GB to M -1. Mr. Sawyer seconded the motion,
which carried with the following votes:
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
#4 BID AWARD: Consider and take action on awarding
bid for construction of sanitary sewer line serving Payless
Store on IH -35.
N"
Mr. Sweatt reminded Council they have, attached to their
agenda packets, information relating to bids. On November
7th at 10:00 a.m. nine bids were opened publicly. The
bids were for furnishing of all work and material to run an
8" sanitary sewer line along the east side of IH -35 from FM
1103 north to the GBRA treatment plant. The Payless on
IH -35 has been very interested in securing sanitary sewer
service for quite some time. They have entered into an
agreement to pay the full cost of extending a line that
would serve that area. The City has perfected an
arrangement with the GBRA to have that service achieved and
the City's engineer designed the project.
After reviewing the bids, they are pleased to say Pasado
Construction Co., Inc. is the low bidder at $56,985. It
is recommended the bid be awarded to them. Payless has
agreed to pay the full cost and so the final work order is
conditioned on Payless posting the full amount of the funds
with the City.
Mr. Sawyer moved to award the bid for construction of a
sanitary sewer line serving the Payless Store on IH -35 to
Pasado Construction Co., Inc. in the amount of $56,985
contingent on Payless posting the full amount of the funds
with the City. Mr. Potempa seconded the motion, which
carried with the following votes:
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
Mr. Greenwald noted this company is located in the Vestal
Subdivision.
#5 BID AWARD: Consider and take action on awarding
bid for construction of sanitary sewer line serving IH -35
rest stop areas.
Mr. Sweatt related that 948 of this project is being paid
for by TXDoT funds. It will extend wastewater services to
the rest area along IH -35. TXDoT has requested, and the
City has agreed, to provide service to that area through
our New Braunfels line extension. This will be the first
customer on the New Braunfels line extension. The City has
the responsibility for two easements and the payment of a
pro rata return to Forbes Management, owner of a piece of
the property that originally extended the line. The City
believes it's a good arrangement. They will have paid out
less than $11,000 to achieve sanitary sewer service all the
way up IH -35.
Seven bids were received and after reviewing them, it was
determined that L & J Construction and Properties, Inc.
was the low bidder at $130,900.90. It is recommended the
bid be awarded to them.
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Mr. Sawyer observed this opens up the possibility for a
lot of other business development along that area of IH -35.
Mr. Sweatt acknowledged this has been a big boom to the
City with the cooperation of TXDoT.
Mr. Potempa moved to award the bid for construction of a
sanitary sewer line serving the IH -35 rest stop areas to
L & J Construction and Properties, Inc. in the amount
of $130,900.90. Mr. Sawyer seconded the motion, which
carried with the following votes:
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
#5a CITY MANAGER'S REPORT: A. Announced that this
Saturday (November 23rd) at 9:00 a.m. the public auction
will be held at the Public Works center with Tex Farnsworth
serving as auctioneer. There are vehicles, bicycles and
other miscellaneous items to be auctioned off.
B. Stated a press release has been distributed announcing
the City received the GFOA financial award for the fiscal
year ending September 30, 1995.
C. Told Council they each have a memo at their place about
the Northeast Partnership membership. Council asked some
time ago that a report be prepared on that item.
D. Mentioned that an invitation to the annual Employee
Awards and Christmas Party has been distributed to
everyone. It will be held December 6th at the Community
Center and contrary to the notice in the invitation,
covered dishes are not required.
E. Commented the next regularly scheduled workshop meeting
would be November 27th which is the night before the
Thanksgiving holiday. The City will be closed both
Thursday and Friday for the holiday. Does Council have any
preference about the meeting on Wednesday night?
Mr. Sawyer suggested leaving it up to the discretion of
the City Manager. Mr. Sweatt indicated he has nothing for
the agenda so far except the final reading of an ordinance
they approved on first reading tonight and the public
hearing for the Specific Use Permit request from the SCUC
ISD. The Consensus of Council was to cancel the meeting
unless something pressing comes up, which they leave to the
discretion of the City Manager.
Mr. Greenwald remarked they've had several meetings with
the school and he understands they've agreed to the road
and the builders and developers have agreed to it. He
doesn't see any problems if Planning and Zoning recommends
favorably on their request.
.E
At this time Mr. Caldwell, the gentleman who had requested
the zoning change (Item #2 on tonight's agenda), arrived -
at the meeting. He apologized for being late. Council had
a discussion with him before continuing with the City
Manager's Report.
Mr. Caldwell explained they are relocating from San
Antonio and looking forward to becoming a member of the
Schertz community and generating lots of revenue. He
complimented the City staff for their friendliness and
professionalism.
Mayor Baldwin asked if it will be a retail site and Mr.
Caldwell replied the emphasis is more on fleet maintenance
of corporate accounts, but there will be retail.
Mr. Swinney wondered about environmental problems such as
noise and chemical disposal. Mr. Caldwell explained they
have a limited retread operation. A chamber holds 23 tires
and typical production for a day is two chambers. As far
as odor, his opinion is you won't detect it more than 100'
from the building. There are federal laws now being
implemented to regulate that to some degree and he's
positive this company is on the cutting edge of complying
with those regulations.
Mr. Potempa asked if they will have a dump in the back of
the building for old tires. Mr. Caldwell replied the old
tires may remain on the premise sometimes for up to 30
days. Those that tend to remain the longest are the larger
off the road and agricultural tires. The normal stuff is a
weekly pick up. They are paying a disposal fee to the
State and collecting that from the customer.
Mr. Potempa asked if there's any
Caldwell replied no. Mr. Sawyer
burning any rubber at all and Mr.
they will not. He went on to say
being doing any retreading. They'vi
simply so they have that option.
chance of fire and Mr.
asked if they will be
Caldwell assured him
these people will not
a asked for the rezoning
Mr. Sweatt asked if the tires that are stored will be
screened behind the building. Mr. Caldwell answered the
passenger tires and any tires up to and including those for
18 wheelers will be inside the building. Outside the
building they will store off the road tires and
agricultural type tires. Mr. Sweatt asked again if the
storage will be screened and Mr. Caldwell replied if the
City so desires, then it will be.
Mayor Baldwin asked if they will occupy the entire building
and Mr. Caldwell replied yes, Caldwell Bankers will be
vacating the building sometime in January.
This prompted Mr. Sawyer to ask who's putting up the large
steel building over on Exchange. Mr. Sweatt didn't know,
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but said he would check into it.
Mr. McDonald inquired how many employees the tire company
will have and Mr. Caldwell answered they have
approximately eight to ten employees in their San Antonio
location.
There being no further questions, Mr. Caldwell thanked
Council for their time and consideration. Mayor Baldwin
welcomed him to the City of Schertz.
Mr. Sweatt now continued with his report.
F. Said they had talked on several occasions about
delivery of the agenda packet to the Councilmembers by a
Police Officer. Because of people's schedules, it's
difficult sometimes to come by and pick them up. Would
Council like to have their packets delivered on Friday?
Mr. Sawyer thought it was a fantastic idea.
Mr. Sweatt requested that by the next packet time, Council
let him know where they would like their packets delivered.
They are not allowed to place them in the mail box.
Everyone may have a little different circumstance, so he
would appreciate it if they would let him know.
G. Hoped everyone had an opportunity to see the new color
scheme on the police cars. They're not all completed yet,
but they're working on it.
#6 ITEMS BY COUNCIL: Mr. McDonald: A. Reported he
attended the Economic and Environmental Review Committee
for AACOG today and it was very interesting. He gave Mr.
Sweatt a packet so he could have copies made of anything
important.
B. Commented he had a good time at the TML Conference and
enjoyed it very much. He might even have learned
something.
Mr. Sawyer: A. Mrs. Richburg asked him to tell everyone
she's having an open house at 1005 Fawn Drive on December
18th from 2:00 to 4:00 p.m. and they are invited.
B. Noticed the light in the park still isn't on. Mr.
Sweatt said they think it's the electric eye because it has
worked on some occasions. They're trying to get it fixed.
C. Noted everyone was warned at the TML Conference that
the annexation rules are going to change.
Mr. Swinnev: A. Stated he had attended a seminar at TML
on health care and managed situations. There was a lot of
emphasis on the fact there is not due diligence by cities
regarding employee medical care. They said if you
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concentrate only on cost, the program really suffers.
However, if you concentrate on building a long -term
relationship with providers, quality and cost will
invariably improve.
B. Asked if anyone would like to consider, instead of
having two different days a week tied up with meetings
through the month, having all the meetings on Tuesday
night. There would still be weekly meetings, but all on
Tuesdays.
This idea was discussed as follows: (a) Mr. Sweatt
mentioned Planning and Zoning needs the Chambers
occasionally on Tuesday night for a public hearing; (b)
Mayor Baldwin indicated Planning and Zoning may have to
give up Mr. Greenwald because they meet on Tuesday nights
and he thinks we need to keep Mr. Greenwald on Planning
and Zoning; (c) Mr. Swinney explained that Wednesday
night is a church night for him. It would be nice to have
one set day of the week for meetings; (d) Mr. Sawyer
questioned the Charter requirements and Mr. Sweatt related
it says all they have to meet is once a month - it doesn't
specify a particular day; (e) Rachel Drady from the Herald
Newspaper stated they would then have to change their
schedule because she can't be in two places at once; (f)
Monday nights were considered; and, (g) several
Councilmembers belonged to other organizations and other
nights of the week would present a conflict.
Mayor Baldwin asked for a consensus from Council on
changing all the meetings to Tuesday night. Mr. Greenwald
voted no, Mr. Swinney voted yes, Mr. Sawyer voted no, Mr.
Potempa voted yes and Mr. McDonald abstained. That left
it to the Mayor who felt things should stay as they are for
now. Mr. Swinney suggested mentioning this to Planning
and Zoning and Mr. Greenwald promised to approach them
about the possibility of changing their meeting night.
Mr. Greenwald: Reminded everyone of the Christmas Tree
Lighting ceremony on Thursday, December 5th at 6:30 p.m.
in front of the Municipal Complex.
#7 ITEMS BY MAYOR: A. Referred to the TML session
he attended about changing the rules on electric utility
usage. It was very interesting. One gentleman was for it.
Another gentleman was against it. When they were finished,
he told himself he needed to get more information on this.
It is on the horizon and we need to know more about it.
There is a good article in the San Antonio Business Journal
this week on deregulation of utilities.
B. Reported that on the editorial page of the San Antonio
Express -News today there is an excellent letter to the
editor in response to Jerry Needham's November 6th story
about the City of San Antonio. This story was about San
Antonio's plans to use the Glen Rose Aquifer.
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Mr. Sawyer interjected a couple of questions at this time.
(1) If a guy has a big tractor, can he park it in his
driveway if it doesn't block the sidewalk? Mr. Sweatt
replied yes he can. There is no ordinance prohibiting it.
(2) Is the City letting 18 wheelers park in the parking lot
at the park? Mr. Sweatt answered it's open public
parking, but they haven't made any special arrangements for
trucks to parks there. He will check into it.
Along that line, Mr. McDonald commented he had attended a
Keep America Beautiful meeting at TML and thinks we need to
start with a program like that in the City of Schertz. Mr.
Sweatt remarked there is Gateway project that has been in
the wind for some time and they have some pretty elaborate
plans for FM 78.
C. Read a letter from Jesse Garcia, Stockton City Manager,
inviting Councilmembers to participate in the Keep Texas
Beautiful litter prevention and beautification effort.
An application for membership was enclosed.
#8 ADJOURNMENT: On a motion by Mr. McDonald and
seconded by Mr. Potempa and unanimously carried, the
meeting was adjourned at 8:00 p.m.
Mayor, C
ATTEST:
City Secretary, City of Schertz
ty of Schertz, Texas