ccswks 11-01-1995
SPECIAL MEETING OF THE CITY COUNCIL
NOVEMBER 1, 1995
The Schertz City Council convened in Special Workshop
Session on Wednesday, November 1, 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; Earl Sawyer; Timothy
Swinney and Ken Greenwald. Staff present were City Manager
Kerry Sweatt and City Secretary Norma Althouse.
#1 HEARING OF RESIDENTS: A. Ann Almond of Cibolo
reported on the activities of the City of Schertz float.
The last three presentations for the float were Comal
County (they won third place), Guad~lupe County (they
brought home first place honors), and Night in Ole Converse
(they brought home first place honors). A float activity
report was distributed by Mrs. Almond to the members of
Council for their review. Mrs. Almond noted the final
event for the year will be the Veteran's Day parade this
Saturday and she is looking for someone with a convertible
who can give the Court a ride through the parade. The VFW
and the ROTC will be on the float.
B. James Harris of FM 1518 and Schaefer Road spoke
regarding the Restoration Advisory Board. They had a
meeting Monday night at Converse City Hall and the Wing
Commander from RAFB was present. Today they signed an
agreement with the State on the items they intend to clean
up as soon as money is available. The four items they are
going to clean up, in priority order, are as follows:
1. East Area Investigation - possible contamination off
base in the FM l5l8/Cibolo Creek area.
2. BX Service Station - Long Term (they had a big spill
there a few years ago and are continuing to monitor it).
3. East and West Flight Lines (possible contamination
from gasoline runoff and pollution from metal cleaning).
4. Fire Training Area.
Mr. Harris stated the Board is still working and still
having meetings. The public records are kept at City Hall
in Universal City.
Regarding Woman Hollering Creek, Mr. Harris said they put
some pink dye in it the other day in case someone calls in
about it. The base is trying to track something. They
monitor the Cibolo Creek and Woman Hollering Creek every
quarter and the figures are well within the standards.
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, )
C. Nolan Edwards of the Schertz Business Association
related he had presented a check earlier this evening to
Steve Simonson. The Association donated $3,000 to the
Christmas lighting fund. Mayor Baldwin expressed his
appreciation and mentioned he doesn't know how cities
afford to decorate a three-mile boulevard because the
decorations are so expensive. To this, Mr. Sweatt pointed
out that the decorations the City employees and Mr.
Peterson made are as good as, if not better, than the ones
you can buy.
Before moving to the next agenda item,
welcomed back Councilmember McDonald who
vacation in Alaska.
Mayor Baldwin
had been on
#2 Discuss rescheduled public hearing on a request
from James Sagebiel, on behalf of Guadalupe County Annex
Offices, to rezone five (5) acres of land from
Single-Family Dwelling District (R-l) to Public Use.
Mr. Sweatt advised this same item came before Council
previously, but because of a mixup in the description in
the legal notice in the newspaper, it was appropriately
referred back to Planning and Zoning. A correct legal
notice was published, new notices were sent to property
owners and a new public hearing was held by Planning and
Zoning. They recommend approval of the rezoning request.
Mr. Sweatt pointed out the location of the land on the
map.
Mr. Swinney recalled that the biggest concern of one of
the citizens was what's going to happen to the rest of the
land. The County is going to use only about five acres out
of a nine-acre tract. Mr. Greenwald mentioned the other
four acres will remain zoned as R-l. Mr. Sawyer commented
whoever owns the land can come in and request rezoning if
they don't want R-l.
Mr. Sweatt reminded Council there is a diagram included in
their packets showing how the County plans to lay the annex
out.
Council indicated their readiness for this item to placed
on next Tuesday night's agenda.
#3 Discuss
(5) acres of
(R-l) to Public
first reading of an ordinance rezoning five
land from Single-Family Dwelling District
Use.
Council agreed they were prepared for this item to be
included on next Tuesday night's agenda.
#4 Discuss award of bid for fire truck.
Mr. Sweatt related the City received three bids by the
deadline of 10:00 a.m. october 16th. KME Fire Apparatus
submitted a bid of $149,989.00, with no trade-in allowance,
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and a delivery time between 120 and 150 days after receipt
of the chassis at the manufacturer's plant. This receipt
is estimated to be in February of 1996 making the delivery
time somewhere between 240 and 270 days.
Ferrara Fire Apparatus, Inc.
$156,634.00, with a trade-in
bringing it down to $155,134.00,
days.
submitted a
allowance of
and a delivery
bid of
$1,500.00
time of 90
Quality Manufacturing, Inc. submitted a bid of
$157,558.80, with a discount of $1,143.80 if we pay for the
chassis upon delivery, bringing it down to $156,415.00 or a
discount of $6,302.35 if payment in full is made at the
time of the order, bringing it down to $151,256.45. Their
delivery time is within 300 days.
Mr. Sweatt went on to say Chief Woodward is here to
discuss the bids in detail if Councii so desires. All
three bids were very good and represent equipment the City
would be happy to have. As Council is aware, this is a
stripped down piece of equipment and does not have all the
paraphernalia necessary to meet the NFPA requirements. It
is the City's intention to purchase the other items as
separate items and we feel we can come in with a lower
total dollar expenditure. The Volunteer Fire Department
has offered to buy the generator and some of those other
items.
Mr. Sweatt stated that after reviewing the bids, the
delivery time and other related items, the City believes
the best bid is that of Ferrara Fire Apparatus, Inc. The
award of the bid to Ferrara would include the requirement
of the establishment of a penalty of $35 a day for any
failure to deliver within the 90 days specified. This is
calculated based on the difference in this bid and that of
the low bid so we would not be injured if they took as much
time as the lowest bidder to deliver the equipment.
Chief Woodward informed Council that KME met 85% of
specifications, Ferrara met 98% of the specifications
Quality Manufacturing met 90% of the specifications.
people saw Ferrara's truck and Quality's truck at TML.
Volunteer Fire Department has volunteered to pay
approximately $10,000 worth of equipment needed for the
truck.
the
and
Some
The
for
new
Mr.
and
their
McDonald asked why the difference in the delivery time
Chief Woodward replied Ferrara has twelve of them on
lot and the other companies have to order them.
Mr. Swinney questioned the $1,500 trade-in allowance and
was informed by Chief Woodward it is a very fair price.
Mr. Potempa asked the status of the truck being traded in
and Chief Woodward replied it's out of service at this
time.
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Mr. Swinney and Mr. Sawyer both commented on how much
they were impressed with the quality of the Ferrara truck
they saw at TML and Mayor Baldwin echoed their opinion.
Chief Woodward added that maintenance on either the Ferrara
or the Quality truck would be taken care of locally. Mr.
Potempa asked what kind of warranty is involved and Chief
Woodward answered one year on the chassis, one year on the
engine, one year on the transmission, two years on the pump
and lifetime on the water tank.
Mr.
Chief
of 3"
Potempa asked how much hose the truck will carry and
Woodward replied he will have 1,000' of 5" hose, 600'
hose and 600' of 1 3/4" hose.
After being reminded by Mr. Sweatt this is a
investment, Council indicated they were ready for
to placed on next Tuesday night's agenda.
25 year
this item
#5 Discuss resolution casting votes to elect Directors
for Guadalupe County Appraisal District.
The consensus of Council was to cast their votes for Sylvia
Schlather. They were ready to go with this item on next
Tuesday night's agenda.
#6 Discuss revision to Code of Ordinances amending
Traffic Code.
Mr. Sweatt commented this ordinance proposes to delete the
current Chapter 18, Traffic Code, and replace it with a new
Chapter 18. The current ordinance has been in effect since
the 1970's and with all the amendments to it, is quite a
patchwork. They feel it is best to delete the current
ordinance and adopt a new one. The majority of the changes
are housekeeping items, but there are some specific changes
that should be reviewed. Does Council wish to review the
entire ordinance section by section? Mayor Baldwin
suggested reviewing just the significant changes and the
Councilmembers agreed.
Mr. Swinney, referring to Section 18.7, asked if it's
saying you have to get a permit to have a funeral
procession through the City. Mr. Sweatt replied the
intent is to give notice to the City if someone is
anticipating 50 or more vehicles. This is so arrangements
can be made for emergency vehicle routing. Mr. Potempa
asked if there's a charge for the permit and was told there
is not.
Mr. Sweatt mentioned that Section 18.11 has been combined
with what in the old ordinance was Section 18.47. This
deals with riding in the back of a pick-up. We have added
the statement the City Manager may, by regulation or
permit, authorize exceptions to this section for authorized
parades. Council some years ago passed an ordinance
forbidding children under a certain age to ride in the back
of a piCk-up and we have been violating that ordinance
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when we have parades.
Section 18-31 is a new section. It addresses the issue of
stopping before entering a public roadway from property
other than a public roadway.
In Section 18-32, Stop Intersections, a considerable number
of through and stop streets have been added, primarily to
recognize new subdivisions. Those streets that are now
four-way stops have been moved to Section 18-33. Other
corrections have been made to update this section.
The title of Section 18-33 has been changed from
Stops to All-Way Stops because in some instances
three-way intersection as opposed to a four-way.
new intersections have been added to this section.
Four-Way
it is a
Several
Some new streets have been added and corrections made to
Section 18-35, Yield Intersections.
One way streets were not previously included in Section
18-37, One-Way Streets and Alleys, but the service roads
for a portion of IH-35 are one way only, so they've been
included.
Mr. Swinney asked if Section 18-40 regarding driving
through, around or under a railroad cross1ng gate or
barrier is new and Mr. Sweatt replied it is not. Mr.
Swinney wondered if something should be included about when
the gates malfunction or do we use the common sense of the
Police Department. Mr. Sweatt remarked the Police
Department is notified and they get out and direct traffic.
In Section 18-43, Negligent Collision, the City Attorney
recommended some legal wording be changed.
Section 18-44, Crime Watch Signs, simply changed the person
responsible for installing certain signs, namely the Public
Works Director.
Section 18-45, Vehicular Weight Limits on Roadways
Maintained by the City of Schertz, Texas, is fairly
significant. Currently load limits on certain roads are
specified by ordinance and added to the list in this
section. This will encompass all roads maintained by the
City without having to do a separate ordinance each time.
Exemptions are listed.
Section 18-46 designates through truck routes. Mr.
McDonald pointed out FM 78, from city limits to city
limits, needs to be added to the list. Everyone agreed and
Mr. Sweatt, saying it was an oversight, said he would see
that it's corrected.
Mr. Greenwald asked if they're
hazardous material hauling on through
Mr. Sweatt replied they would like to.
going
truck
Mr.
to designate
routes only.
Potempa asked
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how come it's not in this ordinance. Mr. Sweatt answered
they hadn't considered it as part of this Traffic Code
update, but he will certainly get some recommendations
before final consideration of this ordinance. It may be
more germane in some other location, but he doesn't think
so.
A new Section, 18-54, has been added regarding racing
vehicles. Previously the racing of all kinds of vehicles
was handled under bicycles. Now there are three separate
areas - vehicles, bicycles and pedestrians. This section
does provide authorization for a permit in case of
professional races or similar events.
It was discovered that Sections 18-48 through 18-54 were
reserved and that Races Prohibited should be Section 18-47.
Section 18-58, Traffic Light Locatio~s, contains minor
wording changes.
Section 18-60, Obedience to Devices, added firefighters as
being authorized to direct traffic.
Mr. Swinney asked if there's a part of the Traffic Code
that covers regulations regarding branches or bushes
blocking traffic signs and high hedges on a corner blocking
the view. Mr. Sweatt replied the one most commonly used
is Section 18-131 having to do with a visibility triangle.
In Section 18-76, Maximum Limits on Specific Streets, there
have been several changes regarding speed limits and street
names.
In Section 18-90, Parking for Certain Purposes prohibited,
there has been a change in the wording of paragraph (b)
eliminating prohibition of washing vehicles in the street.
The City doesn't see a real problem as long as it's only
the water from washing the vehicle that's going into the
street. Clearly, we don't want oil and grease washed into
the street.
Mr. Potempa asked about paragraph (a) in Section 18-90
which says that no person shall park a vehicle upon any
street for the principal purpose of displaying such vehicle
for sale. Does that mean if a person has a car for sale
and drives it to work with the sign in it, he can't come
home and park it in front of his house? Mr. Sweatt
answered he would be prohibited from parking it on the
street, but he could park it in his driveway. Mr. Potempa
then asked the intent and Mr. Sweatt said to prevent
streets from becoming used parking lots. After further
questioning by Mr. Potempa, Mr. Sweatt acknowledged if
the person drove the car to work every day, there probably
wouldn't be a problem parking in front of the house because
the car is moved daily and does not create a traffic
hazard. TeChnically, however, the ordinance does say
parking on the street is prohibited.
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Section l8-91, Parking Prohibited, has significant changes
in paragraphs (b) and (c). In paragraph (b) the weight has
been changed from 3/4 ton to one (1) ton and the phrase
excent for temporarv narkino bv a customer In front of ,q
commercial establishment has been added to the end of the
first sentence.
paragraph (c) has
auxiliarv svstem of
on any residential
and 8:00 a.m.
been clarified
a vehicle left
street between
to read No vehicle or
runnina shall be narked
the hours of 8:00 n.m.
Mr. McDonald, referring to paragraph (b), commented he
would like to see something allowing a recreational vehicle
to park on the city street for three days. The protective
covenants in Woodland Oaks limit it to three days. Mr.
Sweatt pointed out the enforcement of it will be. difficult,
but they can do whatever the Council feels is appropriate.
Council was in favor of it, so after discussion about the
way to allow the three days for RV's, Mr. Sweatt indicated
he would work on the wording.
Mr. Greenwald, going back to paragraph (a) of Section
18-91, stated there's currently a sign prohibiting parking
on the north side of Curtiss from Westchester to Schertz
Parkway. It's great, but there needs to be one on the
south side also. Mr. Sweatt found it was not in the
ordinance and said if it's needed, they'll include it. He
couldn't explain how it has a sign, but is not included in
the ordinance.
In Section 18-114, Races
language about bicycles as
vehicles in Section 18-54.
professional races or similar
Prohibited, there's similar
there was language about
provisions for a permit for
events are included.
In Section 18-121, Use of Sidewalk, Pathway Required;
Manner of Walking on Roadway, it stipulates that when
pedestrians walk in the roadway they are to walk no more
than two abreast and to walk on the side of the roadway
facing oncoming traffic. This also includes provisions for
a permit for professional races or similar events.
Mayor
about
50 mph
Baldwin mentioned he is getting a lot
the lack of traffic lights on FM 3009
speed limit. It's too fast.
of complaints
and about the
Council agreed they were ready for this item to be included
on next Tuesday night's agenda.
#7 Discuss graffiti removal policy.
Mr. Sweatt advised they have drafted an ordinance, but it
would, in fact, still hold the property owner responsible.
The City feels some kind of volunteer system, using
community service assignments from Municipal Court, and/or
securing contributions from businesses for paint and
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supplies might be the best way to go.
Mr. Sawyer asked why we have to pass an ordinance. Why
can't we just ask the property owners to donate the paint
and paint brushes and have the court assign the duties to
individuals who need to do community service?
Mr. Swinney commented he doesn't think anyone's proposing
an ordinance.. That's certainly not the number one choice
of homeowners. We're just trying to come up with a way to
involve concerned citizens with the court system in an
effort to remove the graffiti. We need to figure out the
mechanics of it and address the liability. The best way to
handle graffiti would be for the businesses to have one of
their employees remove it, but some of them apparently
don't have enough pride to do that.
Mr. McDonald remarked he had experienced it with Winn's
and they wanted $1500 to come out and paint the wall with
anti-graffiti paint. If businesses have to do that once a
week, they can't afford it. It's not necessarily pride,
it's economics. If, however, you put that anti-graffiti
paint on the building, it contains some kind of seal so
that the next time you can just wash off the graffiti.
There was a brief discussion on the liability involved.
Mr. Greenwald suggested making a presentation to the
Schertz Business Association and getting a feel for their
interest in the project. They may not want to do it, but
if they do approve, we can furnish the manpower through the
court system and scrounge up some supplies to get started.
Mr. Greenwald was certain he could find someone to donate
money for the project.
Mr. Swinney felt solving the problem of liability should
be the first step. What kind of blanket liability
protection does the City have? Mr. Sweatt replied the
City has a liability policy which covers them only if
they're in the pursuit of municipal activities and they do
everything they can, from a risk management position, to
reduce any violations to that policy.
Mr. Swinney reviewed his game plan. He would like to see
a system through the municipal court whereby they get
people out there doing community projects, and specifically
removing graffiti. As long as the City has liability
insurance, that should not be a concern for the businesses.
We can do everything to minimize risk. We don't need
ladders, we can provide extension poles so nobody has to
leave the ground. The only problem we need to solve is
where we're going to get the paint. Mr. Sawyer suggested
approaching the Schertz Business Association for help.
Council agreed.
#8 Consider and take action regarding rejection of
bid for sewer line construction.
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Mr. Sweatt reported only one bid was received and it was
well above the estimate of cost. It is recommended the bid
be rejected.
Mr. Swinney moved to reject the bid for the sewer
construction. Mr. McDonald seconded the motion,
carried with the following votes:
line
which
AYES: Councilmembers McDonald, Potempa, sawyer, Swinney
and Greenwald.
NAYS: None.
Council took a short break before the Executive Session.
#9 EXECUTIVE SESSION: Called under Chapter 551 Texas
Government Code, Sub-Section 551.074, Personnel Matters, to
deliberate evaluation of City Manager.
An Executive Session was held from 8:43 p.m. to 11:10 p.m.
Mr. Swinney had to leave after the Executive Session.
#10 Consider and take
Executive Session.
action, if
any, on above
Mayor Baldwin announced they have evaluated the City
Manager. They find he is always well-prepared and
knowledgeable of discussion items. They feel he is
extremely reliable in anticipating potential problems.
They're proud of the recent upgrading of the City's bond
rating which was a direct result of a lot of hard work on
the City Manager's part. They feel he provides outstanding
and effective leadership in the economic development
program. Business development has been phenomenal under
his guidance. They're very happy with his tenure in the
City and the work he has done.
#11 CITY MANAGER'S REPORT: A. Informed Council they
have tickets and an invitation to attend the Kiwanis
Veteran's Day breakfast at the Randolph Church of Christ.
If Council cannot use the tickets, the Kiwanis has asked
that they distribute them.
B. Reminded Council there is a City holiday on November
10th for Veteran's Day and City holidays on November 23rd
and 24th for Thanksgiving.
#12 ITEMS BY COUNCIL: Mr. Greenwald: Related he gave
the BVYA minutes to the City Secretary for inclusion in
Council's next packet. Seven of the Board members have
agreed to be the judges for the Christmas Lighting Contest.
Mr. McDonald: A. Noticed Pulte wants to change the name
of their subdivision up in Woodland Oaks. He thinks that's
wrong.
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B. Mentioned, regarding the plats for the Pulte
homes, that one of the houses looks pretty close to
drainage ditch. How much backyard are they supposed
have? Mr. Sweatt promised to check on it.
model
the
to
Mr.
books
$5.00.
really
PotemDa: Reported he bought a very large stack of
at the library book store the other night for only
He's doing some research work on the Mafia. It's
worth the effort - go over and spend some money.
#13 ITEMS BY MAYOR: Reminded everyone that the Senior
Citizens Arts and Crafts show is November 18th at the
Community Center.
#14 ADJOURNMENT: On a motion by Mr.
seconded by Mr. Sawyer and unanimously
meeting was adjourned at 11:18 pm.
McDonald
carried,
and
the
M6yor, City of Schertz, Texas
ATTEST:
~ ~//~~)
City Secretary, City of Schertz
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