ccreg 04-04-1995
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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.
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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
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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
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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
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(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:
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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.
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#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
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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.
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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
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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:
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City Secretary, City of Schertz