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ccreg 04-04-1995 ~ /7P- REGULAR MEETING OF THE CITY COUNCIL APRIL 4, 1995 The Schertz City Council convened in Reoular Session on Tuesday, April 4, 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, presidino; Charles McDonald; Joe Potempa; Barbara Stanhope; Mary Marsh and Ken Greenwald. Staff present were City Manaoer Kerry Sweatt and City Secretary Norma Althouse. Mayor Baldwin asked everyone to rise and join him in the Pledge of Allegiance to the flag. At this time Mayor Baldwin presented a proclamation to Tex Farnsworth deSignating the month of April, 1995 as Child Abuse Prevention Month. Mr. Farnsworth thanked everyone and commented it is a privilege to receive this proclamation. There may be those who are not familiar with the Guadalupe County Child Protective Service Board. It is a group of people appointed by the County Commissioners who serve not only the abused children in Guadalupe County, but work with people in Bexar and Comal counties as well. The primary responsibility is the raising of funds to provide children who are removed from their homes with clothing, medicine and other necessities. There are about 90 foster children in the area. The funds also help buy birthday presents and Christmas presents. The Board oets some assistance from the United Way and also from people who serve as jurors in Guadalupe County who endorse their checks back to the treasury and the County Treasurer sees that the Child Protective Board oets the money. If anyone wants to oet involved, the partiCipation would be appreciated. #1 APPROVAL OF MINUTES: A. B. Special Meetino 2-1-95 Regular Meeting 2-7-95 Mrs. Stanhopoe moved to approve the minutes of the Special Meeting of 2-1-95 and the Regular Meeting of 2-7-95. Mr. Potempa seconded the motion, which carried with the follOWing votes: Soecial Meetinq 2-1-95 AYES: Councilmembers McDonald, Greenwald. Stanhope, Marsh and NAYS: None. ABSTENTIONS: Councilmember Potempa. 173 Reaular Meetino 2-7-95 AYES: Councilmembers McDonald, Potempa and Stanhope. NAYS: None. ABSTENTIONS: Councilmembers Marsh and Greenwald. #2 HEARING OF RESIDENTS: Those citizens wishing to speak on agenda items and those having matters they wish to discuss with Council, which have not previously been submitted to the City Manager, will be heard at this time. A. David Vick of FM 1518 wanted to speak on obtaining a Specific Use Permit for his property. Mr. Sweatt pointed out this is Item #5 on the agenda. Mayor Baldwin asked Mr. Vick if what he wanted to do was participate in the public hearing discussion of the Specific Use Permit and when he said yes, Mayor Baldwin asked if he would mind waiting until that item comes up on the agenda. Mr. Vick agreed to that. B. George Mower of 501 Brooks (1) stated that several years ago he had pointed out that flushing hydrants can be a very messy and dirty propOSition and can destroy the landscape if a piece of plywood or metal isn't used to keep from digging the dirt out of the surface of the right-of-way and washing it into the street like they did in front of his house yesterday. He had offered in the past to donate a piece of plywood or metal to the City and now he's offering again. (2) Announced a "Meet the Candidate Nioht" April 13th at 7:00 p.m. in the Library conference room. The meeting is being put on by the Schertz Political Action Committee. (3) Referred to an article in the March 29th issue of the Herald newspaper by Mayor Watson Burnfield of Windcrest. The subject of the letter was the outstanding financial position of the City of Windcrest. After reading from the letter, Mr. Mower acknowledged it could be said, and is true, that the citizens of Windcrest have a larger income than the citizens of Schertz, but he thinks Schertz is spending more money than it's earning. #3 request Specific building district. PUBLIC HEARING: To receive citizen input on a from Tim and Betty Huckobey of 1915 FM 1518 for a Use Permit to allow them to remodel the existing into a home which is in a General Business Mr. Sweatt advised that Mr. and Mrs. Huckobey are present. Seven notices were mailed to the abutting property owners, with one reply being received in favor of the request. Planning and Zoning is recommending approval of this Specific Use Permit. .~ /11- Mr. Sweatt went on to say this was discussed at Council's last workshop and several questions had been raised. Number one, yes this property was involved in an earlier discussion with Council requesting a variance on a sewer/oas line location. Number two, it was asked if it's in the floodplain and the answer is no. Number three, there was a question regarding the AICUZ and while there are suggestions about residential buffering, there are no specific or additional requirements over and above the building code. Mr. Huckobey spoke and explained they own the building at 1915 FM 1518 which they have been using for a business and they would like to convert it into their home. They already have water and electricity at the location. Mayor Baldwin asked about the business and Mr. replied they had shut the business down. Mr. McDonald asked how close the two-story building next to them is and whether or not they own that one too. Mr. Huckobey answered they do not own it, but it extends three inches onto their property. Mr. McDonald then wanted to know if there's a day care on the adjacent property and Mr. Huckobey replied they no longer have the day care there. Huckobey Mayor Baldwin asked if the adjacent property is a residence and was told by Mr. Huckobey it is. The mayor then questioned how close the house is to the street. Mr. Huckobey informed him it is 30' from the pavement edge. Mr. and the line McDonald wondered how close it is to the right-of-way Mr. Huckobey replied he was not sure. It's 25' from street to the property line and then from the property to the building is another 5'. Mayor Baldwin inquired about adequate room for parking vehicles and Mr. Huckobey related the property is on .072 acres and goes back approximately 80 more feet behind the building. There's more than adequate room to park cars on the side of the building. Mrs. Marsh asked Mr. Huckobey if he is doing the remodeling himself and he replied yes he is. Mrs. Marsh then queried if remodeling is subject to inspection and Mr. Sweatt assured her it is. Mr. Potempa asked Mr. Huckobey if he owned the building approximately five years ago when they had a tremendous storm out here and the creek backed up in front of that whole place, and is he prepared if it happens again. Mr. Huckobey replied he did not own the property at that time, but is prepared if the situation should reoccur. Mr. Sweatt mentioned that Mr. Huckobey had prepared a scale drawing of the proposed remodeling and passed it around for the Council to see. Mr. Huckobey commented the / - 11.? only things they need to add are the bathroom facilities and the area for the washer and dryer. Mayor Baldwin asked if the office is already there and was told by Mr. Huckobey that's the only existing wall in the building right now. Mrs. 'Stanhope inquired how they will get in and out of the garage. Mr. Huckobey admitted the garage will be used only for storage, not for parking cars. Mr. McDonald commented on the four garage doors. Huckobey explained they will take out three of the doors and that will be their living quarters. The on the map now will be the kitchen. Mr. garage optics Mr. Potempa asked Mr. Huckobey if he intends to have a business in there and was told he does not. Mayor Baldwin speak either curious about septiC tank. asked if anyone in the audience wanted to for against the request. Mr. Mower was the sewer facilities and was told there is a Mayor Baldwin closed the public hearing at this time. #4 Consider and take action on the above request from Tim and Betty Huckobey. Mrs. Marsh moved to approve the request from Tim and Betty Huckobey for a SpecifiC Use Permit at 1915 FM 1518 allowing them to remodel the existing building into a home. Mr. Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers Greenwald. Potempa, Stanhope, Marsh and Nays: Councilmember McDonald. Mr. McDonald expressed concern about the building being so close to the road and the adjacent house being so near. #5 PUBLIC HEARING: To receive citizen input on a request from David Vick for a SpeCific Use Permit allowing him to place a house at 7537 East FM 1518 North which is zoned for General Business. Mr. Sweatt advised that Mr. Vick proposes to locate a modular home on the property. Ten notices were sent to abutting property owners and three replies were received in favor and none against. Planning and Zoning recommends this request be approved. Mr. Vick commented he wishes to build a home which is zoned for General Business. consideration of rezoning the whole area from in the area There was Lower Seguin ~ /16 to within 1000' feet of I-10 from General Business to Residential/Agricultural. Mr. Greenwald acknowledged that Planning and Zoning is looking into that possibility. Mr. McDonald verified that a Specific Use Permit does not change the zoning so there would be no tax advantage for agriculture. Mr. Sweatt indicated that's correct and pointed out there is no tax exemption, anyway, for agriculture just because something is zoned for it. The property has to be used for agriculture in order for the owner to be entitled to the exemption. Mayor Baldwin half and is correct. observed that Mr. lot number 6. Mr. Vick has an acre Vick indicated and a that's Mr. Potempa asked how large the modular home will be and Mr. Vick answered it is a 24' x 52' doublewide. Mayor Baldwin asked if there are any buildings on the lot right now and Mr. Vick replied there are not, but there is a concrete slab for a garage. Jim Harris voiced his support for this request, saying he sees no reason whY it shouldn't be granted. Mayor Baldwin closed the public hearing at this time. #6 Consider and take action on the above request from David Vick. Mr. McDonald moved to approve the request from David Vick for a Specific Use Permit allowing him to place a house at 7537 East FM 1518 North which is in an area zoned for General Business. Mrs. Stanhope seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Stanhope, Marsh and Greenwald. NAYS: None. #7 PUBLIC input on the Cable Systems Time Warner, acknowledqing HEARING AND RESOLUTION: To receive citizen proposed transfer of KBLCOM, Inc. from KBL of the Southwest, Inc. DBA Paragon Cable, to Inc. and take action on a Resolution such transfer. Mr. Sweatt commented that Gina Nivens of paraoon Cable is here to make a brief presentation and answer questions. Ms. Nivens stated the following: (1) This transfer is just a stock sale and anything regardinq the franchise. It just ownership. won't chanlje changes the - /17 (2) Paragon is excited about the transfer because they are in the process of a fiber optic upgrade and are looking forward to moving onto other services besides cable. (3) Time Warner, with this transfer and several others in the process of negotiation, would become the largest cable operator in the United States and be able to expand their services that much more. (4) What is needed is an acknowledgment and acceptance of the sale and approval from all of Paragon's franchise communities. The three criteria that must be met under FCC rules are technical, financial and legal and they have all been met by Time Warner. Mr. Potempa asked if any increase in rates is foreseen as a result of this transfer. Ms. Nivens replied the only way rates would increase is if they have to pass on programming costs or inflation costs. It's possible you may see a decrease because of the added number of customers. Mr. Potempa then noted the expansion will cost 100 million dollars. Do they have the money? Ms. Nivens replied yes they do - it is in the capital budget. Mr. McDonald mentioned that with the fiber optic upgrade, you're not going to get any additional free channels and Ms. Nivens said that's correct. Mr. Greenwald remarked that fiber optics will bring in the Emergency Broadcast System. Mr. Sweatt remarked that system would be available in any event. Ms. Nivens advised the name has been changed to the Emergency Alert System. They are in the process of getting that on line right now. Mr. Sweatt stressed that fiber optics, among other things, will improve the quality of service and opens up, under the City's franchise, a number of future opportunities for the information network. Mr. Mower reviewed the three criteria of technical, financial and legal as far as a basis for objection to the transfer and then wondered if lack of competition shouldn't be one of the criteria, since this will make Time Warner a large conglomerate. Mr. Mower conceded if it's already done, then it's already done. At this time Mayor Baldwin declared the public hearing closed. Mayor Baldwin then introduced a resolution and read the caption as follows: ~'~_~_',_"__'."..,"~~ M''''~~'~=' ~ ~ "-,..,-,~ . ~~._.". ~' ,:'. "'_J. 111 RESOLUTION 95-R-2 RESOLUTION OF THE CITY OF SCHERTZ, TEXAS, ACKNOWLEDGING AND CONSENTING TO THE MERGER AND RELATED TRANSACTIONS BETWEEN KBLCOM INCORPORATED AND TIME WARNER, INC. Mr. Greenwald moved to approve the resolution acknowledging and consenting to the merger between KBLCOM and Time Warner. Mrs. Marsh seconded the motion, which carried with the fOllowing votes: AYES: Councilmembers McDonald, Greenwald. Stanhope, Marsh and NAYS: Councilmember Potempa. #8 ORDINANCE: Consider and take action on the final reading of an ordinance amending the City Code of Ordinances regardino Swimminq Pool Schedule of Fees and Programs. Mayor Baldwin introduced an ordinance and read the caption as follows: ORDINANCE NO. 95-M-9 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS, BE AMENDED BY REVISING CHAPTER 12 1/2, ATTACHMENT "B" OF SAID CODE, PROVIDING FOR THE USE AND REGULATIONS OF SWIMMING POOL FACILITY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT. Mr. Sweatt reviewed briefly the changes made by this ordinance. First, it chanqes the number of season sWimming days, due to the calendar, from 90 to 89. Second, it establishes a pre-school/day care center season pass arrangement allowinq a teacher or child care attendent and 5 students per pass. Third, it offers a Lifeguard Certification course at a cost of $80 for Schertz residents and a cost of $85 for non-residents. Mrs. Marsh moved to approve the final reading of an ordinance amending the Code of Ordinances regarding Swimming Pool Schedule of Fees and Programs. Mr. Potempa seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Stanhope, Marsh and Greenwald. NAYS: None. /11 #9 Consider and take action on the final reading of an ordinance amending the Code of ordinances by providing for speed limits on Interstate 35 main lanes and Interstate 35 frontage roads. Mayor Baldwin introduced an ordinance and read the caption as follows: ORDINANCE 95-D-10 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS, BE AMENDED BY REVISING SECTION 18-76, OF SAID CODE; PROVIDING FOR SPEED LIMITS ON INTERSTATE MAIN LANES AND INTERSTATE 35 FRONTAGE ROADS. Mr. Sweatt explained that under our current ordinance, from north City limits to south City limits, the main lane speed limit is 55 mph and on the frontage roads, the speed limit is 50 mph. The Texas Department of Transportation has requested we consider a minimum speed limit of 45 mph on the main lanes and the lowering to 45 mph of the speed limit on a portion of the frontage roads. After looking at it, both the City and TXDoT agreed it made more sense to set the speed limits throughout the City as opposed to just a portion of the City. Therefore we are recommending a minimum 45 mph speed limit be established for the main lanes of IH-35 and a 45 mph speed limit be established for the IH-35 frontage roads. Mr. Potempa moved to approve the final readinq of an ordinance amending the Code of Ordinances by providing for speed limits on Interstate 35 main lanes and Interstate 35 frontage roads. Mrs. Stanhope seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Stanhope, Marsh and Greenwald. NAYS: None. #10 BID AWARD: Consider and take action on awarding bids for the following: A. Mowing equipment B. Paint striper C. 1/2 ton pick-up truck D. 3/4 ton utility bed truck lOA. Mowina eauioment. Mr. Sweatt reported they received bids from three different suppliers. Based on their review, it is recommended Council consider awarding the bid to the second lowest bidder, Watson Equipment, in the amount of $10,666.00. The first low bidder had a number of \ -f- ~. Ij,j deviations from the specificationA ~nd a oiece of equipment we were not familiar with. Mr. Greenwald moved to award the bid for mowing equipment to Watson Equipment in the amount of $10,666.00. Mrs. Marsh seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Stanhope, Marsh and Greenwald. NAYS: None. 10B. Paint striDer. Mr. Sweatt advised they received bids from six different companies. After review, the apparent low bidder is Pathmark Co., which bid includes a trade-in price, making the net bid a total of $4989.00. It is recommended Council consider awardinQ the bid to Pathmark. Mrs. Stanhope moved to award the bid for a paint striper to Pathmark Co. in the amount of $4989.00. Mrs. Marsh seconded the motion, which carried with the followinq votes: AYES: Councilmembers McDonald, Potempa, Stanhope, Marsh and Greenwald. NAYS: None. 10C. 1/2 ton oick-uo truck. Mrs. Sweatt noted we solicited twelve companies for bids on the 1/2 ton pick-up truck, but only received two replies. Based on those replies, we recommend Council consider awardinQ the bid to Smith Chevrolet in the amount of $17,574.00. They were the low bidder. Mrs. Marsh moved to award the bid for a 1/2 ton pick-up truck to Smith Chevrolet in the amount of $17,574.00. Mr. Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Stanhope, Marsh and Greenwald. 10D. 3/4 ton utility bed truck. Mr. Sweatt noted this was the same situation as the 1/2 ton pick-up truck. They solicited twelve companies for bids and only two replies were received. Based on those replies, they are recommending Council consider awarding the bid to the lowest bidder, Smith Chevrolet, in the amount of $20,772.00 which includes the trade-in of a 1982 truck. He had erroneously reported the trade-in to be a 1987 truck at the last meetinQ. m Mr. Greenwald moved to award the bid for the 3/4 ton utility bed truck to Smith Chevrolet in the amount of $20,772.00. Mr. Potempa seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Stanhope, Marsh and Greenwald. NAYS: NONE. #11 GRANT APPLICATION: Consider authorizing City Manager to submit a AACOG for a Solid Waste Program. and take action grant application to Mr. Sweatt advised that TNRCC collects funds from communities through tipping fees for a number of items. In this instance, they have offered, through AACOG, a pass through grant amount totalling $85,000 to be available to communities for establishing innovative or demonstration projects for diverting waste stream or other good solid waste management projects. After a review of the criteria, we are aSking that Council authorize us to make four applications to AACOG. The maximum amount of anyone grant will be $25,000. Mr. Sweatt then outlined the four applications they will submit to AACOG: (11 They will apply for a $25,000 grant for the purpose of demonstrating home composting units. The grant is proposed to pay for a number of composting units to be made available to residents for the purpose of demonstrating home composting activity. A portion of the grant will also be used, if necessary, for some educational information. (2) They will apply for a $25,000 grant, under the composting, yard waste reduction program, to purchase a large commercial size chipper to be used in our collection and removal operation. This would help in the reduction of material going into the landfill. (3) They will apply for a $25,000 grant for a baler to be located at the collector's site to bale and compress the recyclable materials being collected through our curbside program. We have reason to believe that properly baled, we could experience as much as an additional payment of $400 to $500 per month in our sale of recyclable materials. (41 They will apply for a $2500 grant, under the public entities workplace separation program, for the purchase of additional containers to be placed at public entities such as the schools, the City government buildings and CCMA for the purpose of collecting paper products and cardboard products. ~ liP- Mr. Sweatt commented they believe anyone of the four grants would be a valuable project and would demonstrate they can reduce further the waste stream going to the landfills. After a brief discussion, Mrs. Stanhope moved to authorize the City Manager to submit qrant applications to AACOG for Solid Waste programs. Mr. Potempa seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Stanhope, Marsh and Greenwald. NAYS: None. Mr. Sweatt indicated if any or all are approved, he will be coming back to Council with a formal resolution. #12 CITY MANAGER'S REPORT: Mr. Sweatt had nothing to report. #13 ITEMS BY COUNCIL: Mr: McDonald: A. Reported he had talked with the Highway Department about Savannah Square, Woodland Oaks and Circle Oak, and they assured him when they get finished the problems will be solved. supposedly they're supposed to be finished sometime between April 15th and May 1st. B. Asked the status of the ADA grant. Mr. Sweatt explained that a set of plans has been sent to Bexar County and we are advertising for bids which are expected to be in by April 20th. A pre-bid conference is scheduled for the 10th of April and hopefully thinqs will be underway by the latter part of May. Mr. PotemDa: Stated he had been asked by a resident of Plaza Drive that the City put Mobile Villa back on its street sweeping schedule. Mrs. Stanhooe: Inquired if there's anymore information on the house located at 309 Pfeil Street. It is a safety hazard. Mr. Sweatt knew that the Inspection Department had gotten in touch with owner, but didn't know anythinq further. He said he would check into it. Mr. Greenwald: A. Mentioned that CVADAC, in conjunction with Guadalupe County Juvenile Probation, is planning a druq-free rally on April 22nd from 11:00 a.m. to 2:00 p.m. in the Schertz City Park. B. Remarked that the opening season for BVYA was last Saturday and they had 700 plus children. They need to start to looking at more ballfields. #14 ITEMS BY MAYOR: A. Stated he received a call from a lady who said if you go up FM 3009, the liqhts at American Freightways are so blinding you can barely see the ~ ;--- /13 road. Mr . adjusted them similar call. Greenwald indicated they probably haven't yet. Mr. Potempa noted he received a B. Announced there will be an open house on April from 9:00 a.m. until 4:00 p.m. at the offices of Ambulance and CPR Education and Council is invited. Chamber will do a ribbon cutting at 10:00 a.m. 12th Metro The #15 ADJOURNMENT: seconded by Mr. meeting adjourned On a motion by Mr. Greenwald and unanimously at 8:07 p.m. Potempa carried, and the 11 o~O~ Mayor, City of Schertz, Texas ATTEST: ~ ~//?~ City Secretary, City of Schertz