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ccreg 06-04-1996 REGULAR SESSION OF THE CITY COUNCIL JUNE 4, 1996 The Schertz City Council convened in Regular Session on Tuesday, June 4, 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 welcomed everyone and asked them to rise and join him in the Pledge of Allegiance to the flag. Mr. Sweatt told Council that Acting Police Chief Steve Starr is here to take some pictures of Council., They're putting together an employee orientation program and one of the parts of that is a slide presentation of various departments and activities of the City. Acting Chief Starr will be taking some photographs of the meeting in progress. Mayor Baldwin then read a Proclamation on behalf of the Mayors in the Metrocom Area regarding support for the establishment of a San Antonio College campus in the northeast area. Mayor Baldwin explained this is a joint effort on the part of the Northeast Partnership of Mayors and the Alamo Community College District to establish a campus in one of the cities in this area. They are looking at several sites for a temporary location until they can find a permanent location and build a facility out here. The northeast quadrant of San Antonio contains one-third of the population of the entire greater San Antonio area and there is not a college campus in the northeast quadrant of San Antonio. Mayor Baldwin said he would sign this Proclamation with Council's permission. Council authorized the Mayor to sign the Proclamation. *1 APPROVAL OF MINUTES: Regular Session 4-02-96 Special Session 4-10-96 Regular Session 4-16-96 Mr. Sawyer ~oved to approve the minutes, as written, for the Regular Session 4-02-96, the Special Session 4-10-96 and the Regular Session 4-16-96. Mr. Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. ABSTENTIONS: Mr. Swinney for the Special Session 4-10-96. *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 -288- Michelle Smith, Debby Smith and Monique Smith had signed up to speak. They were here for the public hearing and when asked by Mayor Baldwin, chose to wait and speak at the public hearing. *3 PUBLIC HEARING: To receive citizen comments on a request from Debby and Michelle Smith for a Specific Use Permit authorizing them to use the property at 201 Church Street as a Christian school. Mr. the sent four Sweatt advised the property at 201 Church Street is former Methodist Church. Twenty-eight letters were to property owners within the required distance and letters were returned in favor. The request, as the agenda states, is from Debby and Michelle Smith for a Specific Use Permit. The land was originally developed in 1903 as a church. They plan to utilize all buildings on the land and the empty lot across the street for a private Christian school. The church will continue to serve as a church used by the school for daily chapel services and used by the community as a wedding chapel. The Sunday school classrooms will be used as the school proper. The former parsonage will be used as a day care not to exceed 22 children, some of whom could be employee's children. They do not desire to add or change any outside structures at this time. Repairs will be done to bring the building up to the Code requirements. Landscaping will be completed to enhance the historic chapel and add to the attractive appearance of the general area. The empty lot across the street will be an overflow parking lot and may be fenced in if required for insurance purposes. It is estimated the school, when running at full capacity, will employ 17 to 20 individuals. Mr. Sweatt further stated the application was reviewed by the Planning and Zoning Commission and sent forward to Council with a recommendation to hold a public hearing. A drawing of the property is included in the packets the Council received. Debby and Michelle Smith are here to answer questions. Debby Smith related they are an established business which has been operating in Universal City for six years. Right now they have 30 students and are way over their limit for the building. They need room for expansion. This is a highly desired need. People want their children in a good Christian school if they can afford private education. There are no Christian schools in Schertz and the ones in Universal City are at capacity with long waiting lists. They want to move to a place where they can be a small school and be able to help the community. Since they have children who come from Schertz, Cibolo, Marion and St. Hedwig, they think Schertz is an ideal place to locate. Ms. Smith thinks they are fine upstanding individuals and have a lot to offer a community. -289- Mayor Baldwin asked where they are located in Universal City and Ms. Smith replied at 202 W. Byrd. They've been renting space for 3 1/2 years from the Tabernacle Baptist Church. Ms. Smith pointed out the Christian school is non-denominational, but they do teach the Word of God. Mr. Swinney asked if it will take a lot to bring the Sunday school building up to Code as far as fire safety. Ms. Smith answered their biggest concern right now is fire safety. They've had the City Inspector in and the City Fire Marshal and they told them what they needed to do to bring it up to Code. They already have a contractor waiting in the wings as soon as they get their Specific Use Permit approval. First and foremost they want the children to be safe. Mr. Swinney then inquired about the existing ki~chen and asked if they will be serving lunches and if the kitchen is in pretty good shape. Ms. Smith rep~ied they will be serving lunches and the kitchen is in pretty good shape. The food that is served to childeren these days is mostly food that is bought and fast frozen, so you merely have to warm it up. There's not a lot of frying and cooking. Ms. Smith then went on to say the things they have to repair are mostly items like sheet rock. Mayor Baldwin asked what the total number of children will be and Ms. Smith replied they are unsure at this time. They feel the maximum will probably be 120 at full capacity. She envisions that will take a couple of years, so they are looking at approximately 60 children this Fall. She likes to start small, get established and make sure they can handle everything before they grow. Mr. McDonald asked how many grades and Ms. Smith replied they take children from 3 years of age through the 12th grade. They had their first graduating class this year with four students. Mr. Potempa answered they State. asked if they are tax exempt and Ms. Smith are not. They do not receive funds from the Mr. McDonald inquired if the church chapel will qualify as an historical site. Ms. Smith, saying she doesn't know, related there's not been a lot if interest in the building. She fell in love with it and they are trying to make it as nice as possible and preserve it. Mr. Swinney asked if the school will have vans for the children and was told they will not. Ms. Smith explained in front of the school building there is an entrance and exit, sort of like a half circle. The children will be dropped off there. The children for day care will be dropped off at the back of the property where there's a turnaround space. There won't be anything on the curbs and the street. They won't allow that. -290- Mr. Swinney informed Ms. Smith the First Baptist Church just did a community survey and found their biggest needs were people wanting quality child care and also a good partnership between government, businesses and churches. Mr. Swinney welcomed the Smiths to Schertz and expressed the opinion they will be a welcome addition. Mayor Baldwin felt this is a great use for the facility and commented he is glad they are trying to preserve it. Patty Raspino of 105 Church Street said the neighborhood is thrilled the Christian school is coming in, but they do have a concern about traffic. It might be wise for the Christian school to establish a pick-up point. Ms. Raspino thinks, that at this time, the public school bus picks children up in front of the church. With the traffic that will be generated by the Christian school, she doesn't think the front of the church will be a good pick-up for the public school children. Ms. Raspiho's suggestion was that the Smiths work something out with the school district. There is a corner at Dowman and Church Street. Also, it would be nice if the Christian school could be designated as a school zone so people are aware. Mayor Baldwin asked if the public school bus comes into church driveway and turns around. Ms. Raspino replied it just circles the neighborhood. The Mayor asked Raspino to give him a call tomorrow to remind him to Mr. Vance. the no, Ms. call Raymond Kennett from Texas Gifts and Pharmacy on FM 78 mentioned his concerns about traffic. They know FM 78 is being widened and they know the three years of construction will be a horrible mess. Mr. Kennett stated he uses the intersection of FM 78 and First Street everyday and wondered, if in the widening plans for FM 78, First Street will be a three lane boulevard or will remain a two-lane boulevard. If you're traveling north on First Street and want to turn left onto FM 78, it now is difficult. With the traffic that might be generated with 120 students, a left lane there would make things a little smoother. Mayor Baldwin asked if there's a left arrow at the light at that intersection and Mr. Kennett informed him there is no left arrow. Mr. Kennett further stated he bought a 60 year old building and refurbished it and found the sewer lines didn't accommodate a current building. He told Ms. Smith she has no assurance her sewer lines will accommodate 120 students. Mr. Kennett commented he thinks the Christian school would be a plus for Schertz, but the traffic should be studied carefully. Ms. Smith pointed out the number of 120 students won't happen in September. They're estimating 60 students at that time. Also, all of them won't be coming in separate cars. There are families with up to six children that are -291- coming to the school and they would all be in one vehicle. There are children that come from as far away as Blanco Road in San Antonio and they carpool. They have only five or six cars in Universal City bringing 30 children. Ms. Smith doesn't think traffic will be a problem. Regarding the widening of FM 78, Ms. Smith indicated they are aware of it, but sometimes you have to put up with inconvenience when you're trying to make something better. Ms. Smith plumbing. had as many remarked they are not worried about The church has been there for 90 years and as 300 people there. the has As far as the bus stop, Ms. Smith said she understands from the school district this is not a designated bus stop anyway. This was used because someone had clo~ed off a street (not really a street) to the Palms Apartments. There are no children that live in front of the church property. They all live around the corner and if there could be a safe place for them to go, that would be great. Perhaps Dowman and Church Street would be more advantageous to them. Ms. Smith mentioned they intend to put fence all around their property to protect the children. There being no further questions or comments, Mayor Baldwin closed the public hearing at this time. *4 Consider and take action on above request for a Specific Use Permit. Mr. Swinney moved to approve the request from Debby and Michelle Smith. for a Specific Use Permit authorizing them to use the property at 201 Church Street as a Christian school. Mr. McDonald seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. *5 SCHERTZ BUSINESS ASSOCIATION: Consider and take action on the following requests from the Schertz Business Association regarding 4th of July Jubilee. A. Curfew exception for park usage and possession of alcohol in the park; B. Resolution regarding the restriction of alcoholic beverages in certain areas of the park; and, C. Contract approval. A. Curfew exceDtion for Dark usaoe and Dossession of alcohol in Dark. -292- Mr. Sweatt explained this requires Council to approve a variance in the current closing time of the park from 11:00 p.m. to midnight. This would be for the dates of July 3rd through July 6th. The emergency services see no problem with this variance. Mr. Greenwald moved to approve a curfew exception for the closing hours of the park from 11:00 p.m until midnight on the dates of July 3rd through July 6th. Mr. Potempa seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. B. Resolution reoardino the restriction of beveraces i~ certain areas of the Dark. Mayor Baldwin introduced a Resolution and read the caption as follows: RESOLUTION NO. 96-R-5 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, DESIGNATING A PARTICULAR AREA AND PARTICULAR DATES FOR WHICH ALCOHOLIC BEVERAGES MAY NOT BE BROUGHT INTO OR REMOVED FROM PICKRELL PARK. Mr. Sweatt related the resolution simply describes the City policy and ordinance that were developed some time ago which allow city Council, by Resolution, periodic changes to regulate the areas in and around the park where alcoholic beverages might be brought into the Festival. This year the proposed area runs along Aero Street, 382' from the intersection of Aero and Oak St. to the drainage ditch below the pavilion, 360' along Oak Street crossing Brooks Ave. and to a point per corner, that point some 50' down to the swimming pool, a dimension around the front of the swimming pool and then another 182' down to the drainage ditch and some 447' along the drainage ditch. Signs have been prepared designating the area. Mr. McDonald moved to approve the resolution designating a particular area and particular dates for which alcoholic beverages may not be brought into or removed from Pickrell Park. Mr. Potempa seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. -293- - C. Contract aooroval. Mr. Sweatt noted this contract pretty well mirrors the former contract which outlines the City's participation and financial obligation to the Schertz Business Association. Nolan Edwards and Anita Clark are present to answer any questions. Mayor Baldwin pointed out Nolan Edwards is the President of the Schertz Business Association and Anita Clark is the Chairman of the 4th of July Jubilee. They even made Wiley Alexander's column in the paper this week. There was a brief discussion on the amount of insurance needed for the Jubilee and then Mr. Greenwald mentioned that the fireworks has become an important part of the Jubilee and they may not have it this year due ~o drought conditions. Mr. Sweatt commented the fall back date for the fireworks is November 9th, Veterans Day. Mr. Potempa moved to approve the contract between the of Schertz and the Schertz Business Association. Swinney seconded the motion, which carried with following votes: City Mr. the AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. *6 ORDINANCE: Consider and take action on ordinance amending the Code of Ordinances regarding WaterlWastewater Capital Recovery Fees and declaring an emergency. Mayor Baldwin introduced an ordinance and read the caption as follows: ORDINANCE NO. 96-F-17 BY THE CITY COUNCIL OF THE CITY TEXAS, PROVIDING THAT THE CODE OF CITY OF SCHERTZ, TEXAS, BE AMENDED SECTION 19, EXHIBIT 10, SCHEDULE CAPITAL RECOVERY FEES; PROVIDING CLAUSE; PROVIDING AN EFFECTIVE DECLARING AN EMERGENCY. OF SCHERTZ, ORDINANCES, BY REVISING OF CURRENT A REPEALING DATE; AND Mr. Sweatt stated John Bierschwale, Director of Public Works, is here to fill in the details. The City of Schertz has a Capital Recovery Fee which is the manner in which new businesses and new residents participate in the cost of rebuilding the capacity in the waterlwastewater system that is used as a part of growth. Capital recovery is a theory and plan by which our expected capital expenditures are charted and designed into a proposed structure. Under the terms of the State law which relates to capital -294- recovery and impact fees, a public hearing was held. The Planning and zoning Commission served as a Capital Recovery Study Group and reviewed information presented by the utility department and by the City's engineers and as a result, recommends Council adopt a revised Schedule of Maximum Capital Recovery Fees under the capital recovery system. Mr. Bierschwale listed three proposed major projects which affect the Capital Recovery Fees. The first is an elevated storage tank and transmission main at a cost of 3.5 million dollars. The second is a regional water plant and the third is ground water outside of the Edwards. Those two combined come to 3 million dollars. There are no changes in sewer except adjustments. Mr. Bierschwale reported the City is only collecting $150 per unit and he is requesting that be raised to $315 per unit to maintain the growth coming into the City. Mr. Potempa asked if CCMA will raise their rates again and Mr. Bierschwale explained CCMA is at the maximum rate. They would have to do a complete restudy of their system and go through the public hearing process, etc. to consider raising their rates. Mr. Bierschwale remarked the fees being proposed under the Schedule of Maximum capital Recovery Fees are $750.00 for water and $1300.00 for wastewater. Mr. McDonald asked if $750.00 includes the water meter and Mr. Bierschwale replied yes it does. Installation of the water meter is a separate charge and if the city has to go out to the main and dig up the main, then that's also an additional charge. Mr. Potempa Bierschwale outside the inquired what the meter box replied inside the city it City it is $83.50. cost is and is $73.50 Mr. and There was equivalent) fairest way a brief explanation of LUE (living and Mr. Sweatt said they believe this is to provide for new capacity to the system. unit the Mayor Baldwin asked if there's a maximum you can go to and Mr. Bierschwale replied under water you can go to $848.00. He's only recommending $750.00. Everything is based on an engineering estimate based on a fair market value. He reviews the plan every six months and meets with the Planning and Zoning Commission. Depending on that review, they can come back to City Council for an adjustment either up or down. Mr. Sawyer moved to approve the ordinance amending the Code of Ordinances regarding Water/Wastewater Capital Recovery Fees and declaring an emergency. Mr. Greenwald seconded the motion, which carried with the following votes: -295- AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. *7 ORDINANCE: Consider and take action on first reading of ordinance regarding traffic control measures in Dove Meadows Unit 4. Mayor Baldwin introduced an ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES BE AMENDED BY REVISING SECTION 18-32" STOP INTERSECTIONS; SECTION 18-33, ALL-WAY STOPS; SECTION 18-35, YIELD INTERSECTIONS; AND, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT. Mr. Sweatt indicated this ordinance is an effort to establish traffic control measures in the Dove Meadows Subdivision Unit 4. This is ahead of the actual development on the ground. These are new streets being developed. Mr. Greenwald moved to approve the first reading of an ordinance regarding traffic control measures in Dove Meadows Unit 4. Mr. Swinney seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. *8 BID AWARD: Consider and take action on awarding bid for uniform services. Mr. Sweatt reminded Council that included in their packets was a tabulation of bids received for uniform services. Bids were opened on May 16th at 10:00 a.m. Eight bid packets were mailed and three bids were received. After review and evaluation, it is recommended the bid be awarded to the lowest and best bid of $216.75 per week submitted by Mission Uniform Service of San Antonio. This is a two-year agreement with an option for a third year. Mr. McDonald moved to award the bid for uniform services to Mission Uniform Services of San Antonio at a cost of $216.75 per week. Mr. Sawyer seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Greenwald. Sawyer, Swinney and -296- NAYS: Councilmember Potempa. #9 BIn AWARD: Consider and take action on awarding bid for SAFES remount. Mr. Sweatt reported bids were opened on May 9th for a SAFES remount. That is the taking of an existing body and installing it on a new chassis and making certain modifications to the existing unit. Three bids were received and Council was given a tabulation sheet in their packets. After review, it is recommended the bid be awarded to San Antonio Ambulance Sales in the amount of $49,917.00. This recommendation is also based on a firm commitment of a 60 day delivery to SAFES of a completed unit. The other two companies had a delivery time predicated on the delivery of a chassis to the~ with no firm date. Mr. San Mr. Sawyer Antonio Greenwald moved to award the bid for a SAFES Ambulance Sales in the amount of seconded the motion. remount to $49,917.00. Mr. McDonald asked how San Antonio Ambulance Sales can deliver in 60 days if they don't have a chassis. Mr. Sweatt replied they do have a chassis on hand. Mr. McDonald then questioned what's involved in putting the box on another chassis. Mr. Sweatt answered there's some minor work in rebuilding the box, some modifications to make the old box fit the new chassis and the furnishing of the chassis itself. This is a new diesel-powered chassis. Mr. McDonald had not understood it included furnishing the chassis. Mr. Swinney inquired if the maintenance is as good on diesel and Mr. Sweatt replied overall it should provide a longer life. Mr. Swinney then observed he thinks the 60 day turnaround is critical in this case. Mayor Baldwin had and Mr. third. asked if this isn't the second diesel they've Sweatt answered it's either the second or At this time the vote was taken and the motion carried as follows: AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. *10 APPOINTMENTS: Consider and take action regarding appointments to Charter Review Committee. Mr. Sweatt noted he had made contact, as requested, with former members of the Council and asked them to serve on the Charter Review Committee. Every other year, on even-numbered years, it is suggested Council appoint a -297- Charter Review Committee consisting of five citizens of the community to review the Charter and make recommendations. Those who have indicated they would be willing to serve are Jeff Duffield, Mary Marsh, Barbara Stanhope, and Adolph Aguilar. Councilmember McDonald has agreed to serve as Chairman. Mr. Sawyer moved to appoint Jeff Duffield, Mary Marsh, Barbara Stanhope, and Adolph Aguilar to the Charter Review Committee and to appoint Councilmember McDonald as Chairman of that committee. Mr. Swinney seconded the motion, which carried with the following votes: AYES: Councilmembers Greenwald. Potempa, Sawyer, Swinney and NAYS: None. ABSTENTIONS: Councilmember McDonald. #11 CITY MANAGER'S REPORT: A. Told Council he believes they received their copies of the Texas Municipal League magazine. In the event they did not, he has a copy of the registration form for the Association of Mayors and City Commission MemPers meeting in Odessa on July 25th through the 28th. Mr. Sweatt asked that anyone interested in attending let him know. B. Reminded Council of the tour scheduled for June 8th. Everyone will meet at the Municipal Complex at 8:30 a.m. for brief refreshments. The tour will begin at 9:00 a.m. There will be mid-morning break and then lunch at the Community Center around noon. Hopefully they will wrap up around 1:00 p.m. Attendance does need to be confirmed. C. Reported they have included in the Newsletter the Stage III rules handout and there may be questions about them. The residential watering days for the City of Schertz are odd-numbered addresses on Sunday and Thursday and every other week omit the Thursday, even-numbered addresses on Saturday and Tuesday and every other week omit the Tuesday. The watering days for commercial businesses are Monday and Friday and every other week omit the Friday. The but the and off. City has had excellent cooperation from its customers, is still finding it hard to meet the goals set out by Edwards. He believes the steps taken by the Council the continued cooperation by the customers will pay #12 ITEMS BY COUNCIL: Mr. McDonald: Reporting hearing that Austin and its surrounding communities have adopted a water conservation program. -298- Mr. Wofford commented the watering days are so confusing. We need a regional plan to end that confusion. Mayor Baldwin agreed. Mr. Greenwald added the Fish and Wildlife Service has gone to the Edwards and recommended changes to the watering plan. They think people should water only once a week. Mr. Swinney asked if the Northeast Partnership would have any luck getting involved. Mayor Baldwin replied it was on their agenda for discussion last month. The Mayor pointed out again that the key is San Antonio. If they don't agree, it won't do the rest of us any good. Mr. Potemoa: yesterday. They the road out, but originally thought are looking good. Stated the Schertz Parkway Zone Board met still don't have enough money to extend should have enough in ten years. It was it would take twenty-five years. Things Mr. Sawver: A. Noted he has not been able to contact Ruth Tienor about the walking/jogging trail. B. Asked if the Texas Department of Human Services is going to be required to put in a sidewalk like the Knights of Columbus were required to do. Mr. Sweatt saw no reason they shouldn't be required to do so. Mr. Sawyer stressed everyone should be treated the same. c. Said there are still loose dogs at 6:00 a.m. Mr. Swinnev: A. Related having had the pleasure to attend the Volunteer Fire Department barbeque over the weekend and said it was the finest in recent memory. B. Mentioned he had checked on air fare to Midland-Odessa and Southwest Airlines offers a round trip for $81.00. Flying is cheaper than driving. According to the agenda, the meeting should be very beneficial. Mr. Greenwald: Commented he had received his notice from the Guadalupe Appraisal District. The form they use creates a lot of confusion about who can raise taxes. *13 ITEMS BY MAYOR: reopening on June 8th. A. Announced Retama has their B. Reported attending a meeting at Randolph Air Force Base last week. The wing commander is no longer concerned about encroachment messing up the flying program. He is now concerned about the Air Force moving the base because it costs too much to maintain and repair the buildings at Randolph. They are all on the State registry as historical buildings. The guidelines are very restrictive. Mayor Baldwin said he doesn't know if cities have any kind of power over this or not. -299- Mr. Swinney insisted Randolph will never close. highly thought of by the Air Force. There are over the place in the same situation. It is too bases all Mr. McDonald suggested telling the Historical Society to get out of the Air Force Base business. *14 ADJOL............,..: On a motion by Mr. McDonald, seconded by Mr. Swinney and unanimously carried, the meeting was adjourned at 8:15 p.m. ( Mayor~ City of Sche~tz, Texas ATTEST: ~~ City Secretary, City of Schertz -300-