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ccreg 05-02-1995 .:-- ,;Jj I 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 ~ ,;20 t9- 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 Mayor Baldwin answered that the Shriner's have withdrawn their request that the fire truck be donated to them.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. ~3 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. ~~ 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 ~ dltJ.!J 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 .~ ;Zo6 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. ) --~ ~tJ~ 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: ~ ~f 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. ....--- ,.2CJr 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. ~ ,-'^,::' ~/6 c7/~ /' ,---~lJ/ /?u.... .-i. Mayor, Ci~ of Schertz, Texas ATTEST: ~____A.J ~~_<7_J City Secretary, City of Schertz