ccreg 05-02-1995
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REGULAR MEETING OF THE CITY COUNCIL
MAY 2, 1995
The Schertz City Council convened in Regular Session on
Tuesday, May 2, 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, presidingj Charles McDonald; Joe Potempa;
Barbara Stanhope and Ken Greenwald. Absent: Councilmember
Mary Marsh. 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.
Mayor Baldwin then presented two Proclamations. The first
was to the incoming Senior Vice-Commander and the President
of the Ladies Auxiliary of Schertz VFW Post #8315 declaring
May 1, 1995 as LOYALTY DAY in the City of Schertz. The VFW
representatives thanked Mayor Baldwin.
The second was to Coralee Fenner, representing the
Water/Wastewater Department, declaring the week of May 7th
through May 13th, 1995 as NATIONAL DRINKING WATER WEEK in
the City of Schertz. Mrs. Fenner related there is a
display at the Library for both children and adults and
everyone should stop by and see it.
#1 APPROVAL OF MINUTES: Special Meeting 3-1-95
Mrs. Stanhope moved to approve the minutes of the
Meeting of 3-1-95. Mr. Greenwald seconded the
which carried with the following votes:
Special
motion,
AYES: Councilmembers McDonald,
Greenwald.
Potempa, Stanhope and
NAYS:
None.
#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. Kathy Busch of 309 Maske Road spoke concerning the
addition to Windy Meadow Mobile Home Park and wondered if
any decision had been made regarding the installation of a
privacy fence between the park and the homes on Maske Road.
Mr. Sweatt informed Ms. Busch this matter will be taken up
under Item #3 tonight which is the public hearing
pertaining to land being rezoned for the addition to Windy
Meadow and she is certainly welcome to participate in that
public hearing.
B.
just
James Harris of FM 1518 and Schaefer Road indicated he
wanted to ask a question first about Item #5 on the
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agenda. Is donating the fire truck to the Shriner's still
under consideration? Mayor Baldwin answered that the
Shriner's have withdrawn their request that the fire truck
be donated to them. Mr. Harris then said he did not need
to speak.
C. George Mower of 501 Brooks commented he found the whole
procedure about the possible donation of the fire truck to
be terribly immoral and a reversal of thinking on the part
of Mr. Sweatt. Mr. Mower referred to an incident when
Mr. Sweatt told the Humane Society they couldn't have the
bicycles anymore that the City is getting through
abandonment because it is illegal. The City has to sell
the bicycles and put the money in the coffer which Mr.
Mower thought was a good idea. Mr. Mower then commented
the only person who has been vocal about objecting to the
donation of the fire truck is Mr. McDonald. The unnamed
organization turned out to be just a camp of people who
belong to the organization and not a youth camp as quoted
by Mr. Sweatt.
This donation was pushed by Mrs. Stanhope who is a lame
duck member of the Council. Mr. Greenwald, who is running
for reelection, says they don't need the pumper at the
County training farm anymore, so adds fuel to the fire by
agreeing to give it to a City employee and his group. Mr.
Mower stressed this whole thing is the reason why he wants
the voters to come out May 6th and put an end to this kind
of mechanization.
D. Jerry Graham of 409 Maple had wanted to speak about the
fire truck, but withdrew at this time.
E. Gene Trafton, representing Clayton Homes, had signed up
to speak about Windy Meadow, but said he would wait until
the public hearing.
F. Ann Almond, representing the Schertz Business
Association, brought the ribbon from the Flambeau Parade
which the City of Schertz float participated in and also a
plaque for second place in that parade. Mrs. Almond
reminded the City Manager to bring it to the Business
Association meeting and then mentioned the next parade
they're scheduled to be in is this Saturday in La Vernia.
Mayor Baldwin thanked Mrs. Almond for all her hard work.
#3 PUBLIC HEARING: To receive citizen input
request from Clayton Homes to rezone approximately
acres from R-2 (Single-FamilY Dwelling District)
(Mobile Home District).
on a
37.886
to MH
Mr. Sweatt advised that Planning and Zoning held a public
hearing on this request on April 25th and recommends
approval with the stipulation a privacy fence be
constructed along Maske Road. Five letters were sent to
abutting property owners and One letter was returned
opposing the rezoning.
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Neil Fisher, of Fisher Engineering, stated he had been
retained by Clayton Homes to represent them in this
rezoning request. The property involved is a 38 acre tract
of land adjacent to Windy Meadow Mobile Home Park between
the existing park and Maske Road. There should be
approximately 160 units going in there. They have taken
note about the privacy fence and other issues brought up at
the Planning and Zoning Commission's public hearing. Mr.
Fisher indicated he would be glad to answer any questions.
Mayor Baldwin asked the width of the drainage channel
running through there and Mr. Fisher replied it is 300' on
the existing mobile home park and that will be continued on
through with engineering considerations being given to it
because it's in the 100 year flood zone. Mayor Baldwin
then asked if anything other than the street that goes
through there is in the 100 year flood zone. Mr. Fisher
answered nothing else is and he plans on raising the street
so it won't be in the flood ZOne either. Mayor Baldwin
asked if it would be a bridge or a box culvert and Mr.
Fisher replied a box culvert. Mayor Baldwin wondered if it
would be enough to carry the flow or would it create a dam
and Mr. Fisher indicated it would be built to carry the
flow.
Mr. Sweatt, mentioning that a question was raised at the
workshop last week about a stub-out at Oak Street, and even
though that's part of the platting as opposed to the
zoning, asked Mr. Fisher to point it out on the drawing.
Mr. Fisher acknowledged that was talked about, and it is a
stipulation that was placed on them which they will do, but
the drawing does not reflect it yet.
Mr. McDonald asked if, as a result of this, there will be
more water on Schertz Parkway and E. Live Oak Road and Mr.
Fisher answered that would be an engineering consideration
when they take this to the City Engineer. It should not
increase it that much from what it is today.
Kathy Busch remarked that since they have agreed to put in
a privacy fence, she is in favor of the rezoning.
Mr. McDonald quer~ed why manufactured homes and mobile
homes are zoned the same and Mr. Sweatt pointed out this
is a mobile home park concept as opposed to individually
owned lots. The homes are permanently affixed once they
are placed on the site. The park itself has a number of
restrictions.
Mr. Potempa asked if people can bring their mobile homes
into the park. Gene Trafton responded by saying the
property will be open to outside owners bringing their
homes in. Due to the desire of the number of people
wanting to move into this area, there is no need to bring
rental homes in as a source of revenue. They rent the
site, but at this time, do not project the renting of a
great number of homes.
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Mr. Potempa then wanted it clarified that if he owns his
mobile home, he could move into the park. Mr. Trafton
stated that's correct. If Mr. Potempa moved his mobile
home into the park, he would be responsible for his own
mortgage on his mobile home if he had one, but would rent
the site from the park.
There being no further questions, Mayor Baldwin declared
the public hearing closed at this time.
#4 ORDINANCE: Consider and take action on the first
reading of an ordinance rezoning approximately 37.886 acres
from R-2 to MH.
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 37.886 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 of an
ordinance rezoning approximately 37.886 acres from R-2 to
MH. Mr. Greenwald seconded the motion.
Before the vote, Mr. McDonald wanted it stipulated
approval depends on the fact there be no water problems.
The motion carried and the vote was as follows:
AYES: Councilmembers McDonald,
Greenwald.
Potempa, Stanhope and
NAYS: None.
#5 BID AWARD: Consider and take action on awarding
the bid for a 1956 Ford 500 gpm pumper fire truck.
Mr. Sweatt reported this was advertised for bids not only
in the official newspaper of the City, but also in
newspapers along the border hoping to solicit those who may
not require compliance with a twenty-year rating cycle
and/or Mexican cities. As of the deadline, we received
only two bids. One was from Burch Roofing for $1025 and
the other from the Shriner's asking the City waive the bid
and donate the fire truck to them for use at their camp.
The request for donation was discussed by Council at it's
last meeting. Since that time, the applicant for the
donation has asked that their request for donation be
withdrawn. Council had asked that we inquire of Burch
Roofing how they intend to use the fire truck and found out
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they plan to use it for a dump truck or shingle roofing
material transport vehicle. We do not believe that's the
proper use of a noble piece of equipment, so we suggest
City Council consider rejecting these bids and think about
readvertising in the future with additional stipulations
about display or use for fire fighting purposes or other
uses in a more appropriate mode.
Mr. McDonald moved to reject all bids on the 1956 Ford 500
gpm pumper fire truck. Mr. Greenwald seconded the motion.
Mr. McDonald mentioned he had spoken with several people
in the City this past week and the consensus seemed to be
this was the old number one fire truck and it should be
kept and displayed somehow. Mrs. Stanhope agreed.
Mr. Greenwald asked if it could be kept just runnable
enough to use in parades. Mr. Sweatt answered some of the
problem is the driving of it and also parts are not
available, at least to maintain it in an emergency
condition. Mr. Greenwald emphasized they want to use it
only for parades, not emergencies.
Mrs. Stanhope remarked she received a lot of input on this
matter. She doesn't feel a piece of equipment that has
served the City as well as this one should be turned into a
dump truck. Surely the Fire Department must feel the same
way. We don't need to keep it for emergencies, but
certainly it's good enough for the 4th of July parade. Mr.
Sweatt promised to check into that to see what it would
require.
Malford Ackermann, obtaining permission from the Mayor to
speak, expressed a desire for the pumper to stay with the
City and not be used as a dump truck.
Jerry Graham interjected that replacement parts could be
purchased through Hemming Motor News.
At this time a vote was taken and the motion carried as
follows:
AYES: Councilmembers McDonald,
Greenwald.
Potempa, Stanhope and
NAYS: None.
#6 BID AWARD: Consider
the bid for handicapped
modification project.
and take
accessible
action on awarding
improvements/curb
Mr. Sweatt related they advertised for bids on this and by
the deadline, received only two. This is a joint project
through a Community Development Block Grant with Bexar
County. The apparent low bid of $219,153.50 exceeds the
funds available through the Community Development Block
program. We've reviewed the matter and discussed it with
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our engineer. Mr. Sweatt admitted when this was discussed
at the last workshop, he told Council the estimates were
prepared in 1994 when in fact they were prepared in 1993 to
meet the deadline for the submission of the CDBG
application. We have reviewed comparable bids in other
communities and asked Paul Denham to be here tonight to
discuss this. We have identified one contractor that did
similar work at a substantial amount less per unit. We
suggest Council reject the bids and this project be
readvertised making some specific changes to the contract.
Among other things, we suggest the deadline for the job be
extended from 60 days to 90 days. Bexar County has agreed
to extend the time for completion of the work until August
30th. Another change would be reducing the scope of the
project in such a way that the restrooms could be bid on an
individual basis. Also, provide that if the restrooms were
not able to be completed by June 30th, construction would
not begin until after July 5th.
Mr. Denham reviewed the fact the CDBG project does need to
be started quite early and you have to compete for the
money. The estimates compiled in 1993 were before a lot of
these type projects had been done and we probably didn't
have a lot of good data to work from. During 1994 the
Highway Department bid out quite a bit of work and you did
see prices approaching figures closer to those we got for
this project. The best comparative we were able to find
was provided to us by the Bexar County CDBG office and
involved a project just a little larger than ours where
they had 305 locations. On a unit basis, that job was
completed at $415 per ramp. The bid we received is $612
per ramp - about a $200 difference. The contractor felt
comfortable with what he did there at $415 per ramp, even
though his competitors bid higher, and advised if Schertz
were to rebudget, they should estimate about $500 per ramp.
Mr. Denham recommended Council reject the current bids and
readvertise this project.
Mr. Greenwald moved to reject all bids on the handicapped
accessible improvements/curb modification project. Mr.
McDonald seconded the motion, which carried with the
following votes:
AYES: Councilmembers McDonald,
Greenwald.
Potempa, Stanhope and
NAYS: None.
#7 ORDINANCE: Consider and take action on the final
reading of an ordinance rezoning 1.543 acres at Schertz
Parkway and Mitchell Ave. from R-4 (Apartment/Multi-Family
Dwelling District) to R-6 (Single-Family Dwelling
District. )
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Mayor Baldwin introduced an ordinance and read the caption
as follows:
ORDINANCE NO. 85-S-13
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, AMENDING THE ZONING ORDINANCE NO. 87-5-1
BY REZONING 1.543 ACRES OF LAND OUT OF GUADALUPE
COUNTY AND REFLECTING SUCH CHANGES ON CERTAIN
ZONING MAPS IN ACCORDANCE WITH THE SCHERTZ ZONING
ORDINANCE.
Mr. Sweatt commented he had been asked by Council to see
if the developer is aware of the "No Parking" restriction
along Schertz Parkway. He had spoken with him and does not
know why he is not here this evening.
Mayor Baldwin stated, again, he has a problem with the
front yard setback variance reducing it from 25' down to
20'. There were other questions about the parking and the
rear alleyway that Council wanted to ask, so Mr. McDonald
suggested that maybe if we reject the rezoning request, the
developer will show up. Mr. Sweatt admitted that may be a
possibility.
Mr. McDonald moved to table action on the final reading of
an ordinance rezoning 1.543 acres at the corner of Schertz
Parkway and Mitchell Ave. from R-4 to R-6 until the
developer appears before Council to answer questions. Mr.
Potempa seconded the motion.
Mr. Greenwald pointed out these concerns are part of the
platting process, they are not part of zoning. Mayor
Baldwin disagreed, saying when the ordinance for the
rezoning is approved, it approves the front yard setback
variance.
A vote was taken at this time and the motion carried as
follows:
AYES: Councilmembers McDonald, Potempa and Stanhope.
NAYS: Councilman Greenwald.
#8 ORDINANCE: Consider and take action on
reading of an ordinance rezoning the 500'depth
1518, in the area from approximately 1000' south
Seguin Road to 1000' north of 1-10, from GB
Business) to R/A (Residential/Agricultural).
the final
along FM
of Lower
(General
Mayor Baldwin introduced an ordinance and read the caption
as follows:
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ORDINANCE NO. 85-5-6
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, AMENDING THE ZONING ORDINANCE NO. 87-S-1
BY REZONING THE 500' DEPTH ALONG FM 1518, IN THE
AREA FROM APPROXIMATELY 1000' SOUTH OF LOWER
SEGUIN ROAD TO 1000' NORTH OF I-I0, IN BEXAR
COUNTY AND REFLECTING SUCH CHANGES ON CERTAIN
ZONING MAPS IN ACCORDANCE WITH THE SCHERTZ ZONING
ORDINANCE.
Mr. Sweatt reminded Council they approved the first
reading of this ordinance at their last regular meeting.
Mr. Potempa moved to approve the final reading of an
ordinance rezoning the 500'depth along FM 1518, in the area
from approximately 1000' south of Lower Seguin Road to
1000' north of I-10, from GB to R/A. Mr. Greenwald
seconded the motion, which carried with the following
votes:
AYES: Councilmembers McDonald,
Greenwald.
Potempa, Stanhope and
NAYS: None.
#9 AGREEMENT: Consider and take action authorizing an
agreement with the Edwards Underground Water District
regarding toilet replacement rebate program.
Mr. Sweatt noted the City had a similar agreement with the
Edwards Underground Water District in 1993, but had to end
it when Senate Bill 1477 abolished the Edwards.
Approximately 24 toilets were replaced before the program
ended.
This current proposed
reimbursement rather than
City and the Edwards and is
which at $50 per unit would
agreement provides for a
escrow arrangement between the
limited to a maximum of $2,750,
allow replacement of 55 units.
The homeowner, or contractor, may obtain a permit from the
City at no charge, the Public Works Department will pick up
the old fixture, and the rebate check will be issued in a
timely manner.
Michael Spain reported he had spoken with the Edwards
Underground Water District General Manager and was advised
the money for this project is in the bank and allocated.
Mr. Greenwald asked if there's any way to make this
retroactive from the last time and Mr. Sweatt replied he
will check with the Edwards and see.
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Mayor
Sweatt
won't
to the
Baldwin asked how 1o~g ago the last time was and Mr.
said in 1993. The Mayor then remarked it probably
be retroactive, but Mr. Sweatt emphasized that's up
Edwards.
Mr. McDonald moved to authorize an agreement with the
Edwards Underground Water District regarding a toilet
replacement rebate program. Mr. Greenwald seconded the
motion, which carried with the following votes:
AYES: Councilmembers McDonald,
Greenwald.
Potempa, Stanhope and
NAYS: None.
#10 EXECUTIVE SESSION:
the Texas Government
consultation with attorney
litigation.
Called under Chapter 551 of
Code, Sub-Section 551.071,
on pending or contemplated
An Executive Session was held from 7:54 p.m. until 8:44
p.m.
#11 Consider and take action, if any, on the above
Executive Session.
No action was required.
#12 CITY MANAGER'S REPORT: A. Announced there
be a Pet Fair, sponsored by the Humane Society, at
Animal Shelter this Saturday, May 6th, from noon until
p.m.
will
the
5:00
B. Mentioned that a contractor had broken a water main in
Dove Meadows Subdivision and members of the
Water/Wastewater and various other departments are there
now repairing it and assisting the residents.
#13 ITEMS BY COUNCIL: Mr. PotemDa: Reminded everyone
to get out and vote.
Mr. Greenwald: Advised Council they should have CVADAC
minutes in their next packet. In regard to the drug-free
rally put on by CVADAC and Juvenile Probation, Darlene Gray
reported that approximately 180 people attended.
#14 ITEMS BY MAYOR: A. Thanked Mrs. Stanhope for
attending the drug-free rally on his behalf.
B. Mentioned the Randolph Roadrunners are scheduling track
meets and you can sign up May 6th at the Schertz Elementary
gym.
#15 ADJOURNMENT: On a motio~ by Mr. Potempa and
seconded by Mr. McDonald and unanimously carried, the
meeting adjourned at 8:55 p.m.
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Mayor, Ci~ of Schertz, Texas
ATTEST:
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City Secretary, City of Schertz