ccreg 11-07-1995
REGULAR MEETING OF THE CITY COUNCIL
November 7, 1995
The Schertz City Council convened in Regular Session on
Tuesday, November 7, 1995 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; 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.
#1 APPROVAL OF MINUTES: Special Session 9-27-95
Mr. Sawyer moved to approve the minutes for the Special
Session 9-27-95. Mr. Swinney seconded the motion, which
carried with the following votes:
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
#2 HEARING OF RESIDENTS:
speak on agenda items (other
items not on the agenda, will
Those citizens wishing
than public hearing items)
be heard at this time.
to
or
No one had signed up to speak.
#3 PUBLIC HEARING: To receive citizen comments 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 reminded Council a public hearing was held
earlier by both Planning and Zoning and City Council and an
error in the legal notice was discovered, so a second
notice and second round of public hearings was scheduled.
Nineteen letters were mailed to property owners within 300'
and two were returned in favor of the rezoning and one was
returned against it. The property being requested to be
rezoned is located 325' west of FM 3009, bounded by
Greenfield Village Unit #2 on the north and Elbel Road on
the south. It faces on Elbel Road between the school
administration building and FM 3009 and is across the road
from the electrical substation on Elbel.
Mr. Sweatt went on to say a portion of the five acres is
in the flood plain and that portion is proposed to be used
as a parking lot. The primary use for the remainder of the
land is proposed to be annex offices for Guadalupe County
Courthouse. Planning and Zoning has recommended approval
of the zoning change request.
-39-
Commissioner Brannon told Council the County appreciates
their efforts in getting this rezoning approved and is
sorry for the mixup.
Mr. Swinney commented this had been needed for a long time
and he welcomes them to the City.
Mr. Sawyer remarked it's about time there were some annex
offices in this end of the County to take care of the
citizens here. He expects that in another ten years,
Schertz will have outgrown Seguin.
Mr. Potempa suggested moving the County Seat to Schertz.
Mayor Baldwin asked if the plans currently include a
juvenile facility. Commissioner Brannon replied yes they
do plus three or four holding rooms.
Mr. Greenwald observed it's pretty evident the annex
offices are needed.
Commissioner Brannon mentioned they are also trying to work
with adult probation and with the State medical people. He
then reminded Council that one of the offices will be for
the Justice of the Peace.
There being no further questions or discussion, Mayor
Baldwin closed the public hearing.
#4 ORDINANCE: Consider and take action on first
reading of an ordinance rezoning five (5) acres of land
from Single-Family Dwelling District (R-I) to Public Use.
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 ZONING ORDINANCE NO. 87-S-1
BY REZONING 5.00 ACRES OF LAND OUT OF GUADALUPE
COUNTY AND REFLECTING SUCH CHANGES ON CERTAIN
ZONING MAPS IN ACCORDANCE WITH THE SCHERTZ ZONING
ORDINANCE.
Mr. potempa moved to approve the first reading
ordinance rezoning five (5) acres of land
Single-Family Dwelling District (R-l) to Public Use.
Sawyer seconded the motion, which carried with
following votes:
of an
from
Mr.
the
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
-40-
#5 BID AWARD: A. Consider and take action on awarding
bid for fire truck.
B. Consider and take action authorizing
City Manager to execute purchase
agreements for fire truck.
A. Consider and take action on awardina bid for fire truck.
Mr. Sweatt acknowledged this is a long-awaited action.
Council will recall from the last workshop discussion that
three bids were received by the deadline of October 16th.
KME Fire Apparatus submitted a bid of $149,989.00, with no
trade-in allowance, and a delivery time between l20 and l50
days after receipt of the chassis at the manufacturer's
plant. This makes the delivery time somewhere between 240
and 270 days.
Ferrara Fire Apparatus, Inc. submitted a bid of
$l56,634.00, with a trade-in allowance of $l500.00 bringing
it down to $l55,134.00, and a delivery date of 90 days.
Quality Manufacturing, Inc. submitted a bid of
$l57,558.80, with a discount of $1,143.80 if we pay for the
chassis upon delivery, bringing it down to $156,4l5.00 or a
discount of $6,302.35 if payment in full is made at the
time of the order, bringing it down to $l5l,256.45. Their
delivery time is within 300 days.
After reviewing the bids, the delivery time and
related items, the City recommends awarding the
Ferrara Fire Apparatus, Inc.
other
bid to
Mr. Sawyer
Ferrara Fire
Mr. Swinney
moved to award the bid for the fire truck to
Apparatus, Inc. in the amount of $l55,134.00.
seconded the motion.
Mr. McDonald asked if someone comes along and
$2,000 for the trade-in, is that an option. Mr.
replied that at this stage, the trade-in allowance
of the price of the award of the bid.
offers
Sweatt
is part
Mr. Swinney mentioned that Quality Manufacturing turns out
to be the most expensive, even if we did pay in full at the
time of the order and get a discount, because you have to
figure in lost interest due to the delivery time of 300
days.
At this time the vote was taken and the motion carried as
follows:
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
-41-
B. Consider and take action authorizina Citv Manaoer to
execute Durchase aareements for fire truck~
Mr. sawyer moved to
purchase agreements
seconded the motion.
authorize the City Manager to execute
for the fire truck. Mr. Potempa
Mr. Sweatt pointed out they have negotiated a penalty
clause whereby Ferrara would be charged $35 per day for
failure to deliver within the 90 days specified after we
issue the purchase order.
At this time the vote was taken and the motion carried as
follows:
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
#6 RESOLUTION: Consider
resolution casting votes to
County Appraisal District.
and
elect
take action regarding
Directors for Guadalupe
Mayor Baldwin introduced a resolution and read the caption
as follows:
RESOLUTION NO. 95-R-14
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, CASTING VOTES TO ELECT DIRECTORS FOR THE
GUADALUPE COUNTY APPRAISAL DISTRICT FOR THE YEARS
1996-1997.
Mr. Swinney moved to approve the resolution casting votes
to elect Directors for Guadalupe County Appraisal District
and to cast all of the City's 195 votes for Sylvia
Schlather. Mr. Greenwald seconded the motion, which
carried with the following votes:
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
#7
reading
Code.
ORDINANCE:
of revision
Consider and take action on first
to Code of Ordinances amending Traffic
Mayor Baldwin introduced an ordinance and read the caption
as follows:
-42-
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, PROVIDING THAT THE CODE OF ORDINANCES,
CITY OF SCHERTZ, TEXAS, BE AMENDED BY DELETING
CHAPTER l8, TRAFFIC, AND REPLACING SAME WITH A
REVISED CHAPTER l8, TRAFFIC; PROVIDING AN
EFFECTIVE DATE; AND REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT.
Mr. Sweatt related the purpose of this is to recodify, to
make the language more current, and to recognize several
streets that have been added to the City's traffic pattern
since the adoption of the original ordinance. One of the
most significant changes is that of establishing a l5,000
pound load limit for all of the streets maintained by the
City of Schertz. previously this was done on a-street by
street basis which required an ordinance every time it was
decided another street should have load limits. Mr.
Sweatt advised Council all of the changes they talked about
at the workshop last week have been incorporated.
Mr. Potempa moved to approve the first reading of a
revision to the Code of Ordinances amending the Traffic
Code. Mr. Swinney seconded the motion, which carried with
the following votes:
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
#8 CITY MANAGER'S REPORT: Commented he has an answer
for a question Mr. McDonald had asked at the workshop
meeting about the rear yard setback for one of the Pulte
model homes in Woodland Oaks. The setback requirement is
20' and that particular home has a rear yard setback of
21.4' .
#9 ITEMS BY COUNCIL: Mr. McDonald: Mentioned that
a citizen called him about vacant lots between houses in
Greenshire that have not been mowed and look pretty bad.
You go down to the last street and turn left. Mr. Sweatt
said he would have someone look into it.
Mr. Sawyer: Asked Mr.
Inspector check the alley
Sweatt replied he had, but
result, so he would give Mr.
Sweatt if he ever had
he spoke to him about.
was drawing a blank as to
Sawyer a call tomorrow.
the
Mr.
the
Mr. Swinnev: A. Gave Mr. Sweatt a pat on the back
because all the grass behind Pic-N-Pac has been mowed.
He's had a lot of favorable comments from citizens about
how nice it looks.
B. Extended kudos to Judge Cinnamon regarding information
on the Municipal Court. He's done a great job wrapping up
-43-
loose ends and making the court more efficient.
Mr. Greenwald: Asked if the City ever received anything
back from TNRCC regarding the dump behind the quarry. Mr.
Sweatt answered he has an appointment with the inspector
from TNRCC Thursday morning.
Mr. Greenwald said there was an article on the news about
a dump fire on Somerset Road and the TNRCC wouldn't let the
fire department put the fire out with water because it goes
into the creek. That should work for us too. If there's
tar and other such materials in the dump, then it's going
to run off into the Cibolo Creek.
Mr. Potempa asked if the Inspector from TNRCC is actually
coming down here Thursday and Mr. Sweatt replied yes he
is. They will go to the site together and come to some
conclusion as to whether or not they s~ould have responded
earlier and then they will see what they can do for us.
Mayor Baldwin
there and Mr.
ceased.
asked if they've stopped hauling dirt
Sweatt replied most of the hauling
in
has
#10 ITEMS BY MAYOR: Shared
Council for a Change of Command
Force Base on Wednesday, November
an invitation with
Ceremony at Randolph
15th at 9:00 a.m.
the
Air
#11 ADJOURNMENT: On a motion by Mr. potempa, seconded
by Mr. Sawyer and unanimously carried, the meeting was
adjourned at 7:24 p.m.
cz
Mayor, City of Schertz, Texas
ATTEST:
~ ;l/rL~,,~,)
City Secretary, City of Schertz
-44-