ccreg 07-03-2001
Schertz City Council-Regular Session
Tuesday, July 3, 2001
The Schertz City Council convened in Regular Session on Tuesday, July 3, 2001 at
7:00pm in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Schertz,
Texas. Those present were as follows: Mayor Hal Baldwin, presiding; Councilmembers
Norma Head, Tim Swiuney, Reginna Agee, and Ken Greenwald. Staff members present
were: City Manager Dewey Cashwell and City Secretary Norma Althouse.
Mayor Baldwin called the meeting to order at 7:00pm and lead everyone in the Pledge of
Allegiance.
Mayor Baldwin asked if Council wanted to start with the Executive Session, to decide on
the new Councilmember, or if they would like to finish the agenda items and then go into
Executive session.
Two were in favor of going into Executive Session first and two were opposed. Mayor
Baldwin then broke the tie and ruled in favor of doing the agenda items first.
#1 Hearing of Residents:
William Brown- President of HOA in Woodland Oaks reported that there have been
complaints from the residents that when school is out, the grounds are not kept up. He
also commented on law enforcement inconsistencies. He noted that the City Codes are
very specific as far as vehicles on the roadways. They have had problems with trucks,
campers, etc. The homeowners association can only help out so much. Mr. Brown stated
when an officer came out to the area, he told them that he could not do anything, the
HOA had to deal with it. Mr. Brown then went to former Councilmember Potempa and
the situation was resolved, but only after he talked with the Councilmember. Mr. Brown
asked that law enforcement officers know the City Codes and follow them.
Mayor Baldwin informed Mr. Brown that the situation would be taken care of; and asked
Mr. Cashwell to look into this. Mayor Baldwin also mentioned that Mr. Brown might
have to go to the school board meeting to get that issue resolved.
George Mower-501 Brooks Ave. found it peculiar that the City of Schertz could not
afford an election. He suggested that Council should consider the people that ran in the
last election. He doesn't know why Mr. Glyn Williams wouldn't come to mind in the
first place. Mr. Mower explained that one definition of insanity is when you keep doing
the same thing over and over and keep expecting different results.
Mr. Cashwell introduced the new director of EMS, Mr. Dudley Wait and gave a brief
history of his background.
Mr. Wait noted his appreciation for the opportunity and mentioned he is looking forward
to tackling the challenge of growth and looking forward to getting to know everyone.
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Mr. Cashwell pointed out that Mr. Wait's wife is a paramedic.
#2 Appointment: Consider and take action appointing City Manager to Schertz
Economic Development Foundation.
Without further discussion, Mrs. Agee moved to appoint City Manager, Dewey
P.Cashwell Jr. to Schertz Economic Development Foundation. Mr. Greenwald seconded
the motion, which carried with the following votes:
AYES: Councilmembers Head, Swinney, Agee, and Greenwald
NAYS: None
#3 Rezoning: Consider and take action, for one or more specific reasons, sending
proposed zoning changes along FM3009/Elbel RoadlFM78 back to Planning and Zoning
to reconsider other zoning alternatives and to assist in compromise between the
landowner and residents.
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Mayor Baldwin reported that he met with the owner of the property today and he is
willing to remove the 5-acre tract next to Greenfield Village and leave it as it is, pending
his meeting with the Post Office Department to try and work out some sort of
arrangement. He is not willing to compromise on the zoning of the other thirty acres.
The owner of the property did not see any reason to go back to the Planning and Zoning
Commission. He sees this as a futile stall. Mayor Baldwin informed Council they might
lose the developer if this goes back to Planning and Zoning.
Mr. Greenwald informed Council he was at the Planning and Zoning meeting, and they
were tentative about granting the zoning. They wanted a public hearing to find out about
the exact plan. Mr. Greenwald felt they should send this back to Planning and Zoning.
Mrs. Head reported she has a problem with apartments along the railroad track. She
would like the owner to reconsider.
Mr. Greenwald recommended that it be sent back to Planning and Zoning to determine
zoning for the entire property.
Mrs. Agee noted that not all of the Planning and Zoning Commission was in favor of this
development, and some of them felt like the developer pressured them into it.
Mr. Swinney agreed with the recommendation to send it back to Planning and Zoning.
Without further discussion Mrs. Head moved to send the proposed zoning changes along
FM3009/Elbel RoadlFM78 back to Planning and Zoning to reconsider other zoning
alternatives. Mr. Greenwald seconded the motion.
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Mrs. Head felt that the emphasis should be on the good of the City. She also noted that
the gentleman bought the land knowing that it was zoned R-l, the City does not owe him
anything.
Mr. Greenwald commented that this is going to be a very expensive piece of property to
develop. They are going to have to put a lot of money into it just to correct the drainage.
Mrs. Agee agreed with Mrs. Head. She felt that they need to look at the whole City of
Schertz and especially the impact on the children coming from the schools.
Mayor Baldwin stated all of these comments need to be mentioned to Planning and
Zoning so that they know how everyone stands on the issue.
Without further discussion, a vote was taken and carried with the following votes:
AYES: Councilmembers Head, Agee, Swinney, and Greenwald
NAYS: None
#4 Resolution: Authorizing certain actions including proceedings in eminent domain
in connection with the acquisition of certain waterline and temporary construction
easements in Gonzales and Guadalupe Counties and related matters.
Mayor Baldwin introduced a Resolution and read the caption as follows:
RESOLUTION NO. OI-R-21
RESOLUTION AUTHORIZING CERTAIN ACTIONS INCLUDING
PROCEEDINGS IN EMINENT DOMAIN IN CONNECTION WITH THE
ACQUISITION OF CERTAIN WATERLINE AND TEMPORARY
CONSTRUCTION EASEMENTS IN GONZALES AND GUADALUPE
COUNTIES AND RELATED MATTERS.
Without further discussion Mr. Greenwald moved to approve the Resolution authorizing
certain actions including proceedings in eminent domain in connection with the
acquisition of certain waterline and temporary construction easements in Gonzales and
Guadalupe Counties and related matters. Mr. Swinney seconded the motion, which
carried with the following votes:
AYES: Councilmembers Head, Swinney, Agee, and Greenwald
NAYS: None
#5 Resignation: Consider and take action accepting resignation of Councilmember,
Place #2, Joe Potempa.
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Without further discussion Mr. Swinney moveq to accept the resignation of
Councilmember, Place #2, Joe Potempa. Mrs. Head seconded the motion, which carried
with the following votes:
AYES: Councilmembers Head, Swinney, Agee, and Greenwald
NAYS: None
#6 City Manager's Report:
. Contacted Leather and Associates regarding the playscape. Community wide design
day confirmed for October 23,2001.
. Suggested allowing candidates for Place #2 on Council to come forward and make
statements.
Mayor Baldwin stated some of the candidates are unknown to Council, so he would like
to introduce each person and then give them an opportunity to say a few words.
Mayor Baldwin introduced the Candidates as follows:
. Jerry Graham
. Glyn Williams (not present)
. George Mower
. Tim Morgan
. Billy Pitts
. Earl Sawyer
. Brooks Pfeil
. Tony Wilenchik
. Javier Aquirre
Each candidate made a few brief remarks. Mayor Baldwin then explained the procedure
for the interviewing process.
#7 Executive Session: Called under Chapter 551 of the Texas Government Code,
Sub-Section 551.074, Personnel Matters, to deliberate the appointment of someone to fill
the unexpired term for Place #2 on the City Council.
An Executive Session was held from 7:51pm until 9:40pm.
Mayor Baldwin stated City Council was very impressed with all of the candidates, they
were outstanding and all had merits. When making the decision, Council tried looking at
it from the Community's point of view. Mayor Baldwin then invited all the candidates to
join other City committees.
Mrs. Head asked all of the candidates to be involved in the design day project on October
23rd; it is going to be an old fashioned barn raising.
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#8 Action, if any, on above Executive Session:
Without further discussion, Mr. Swinney moved to appoint Billy R. Pitts to Place #2 on
the City Council to fill the unexpired term of Joe Potempa.. Mrs. Head seconded the
motion, which carried with the following votes:
AYES: Councilmembers Head, Swinney, Agee, and Greenwald
NAYS: None
Mr. Swinney reminded everyone of the parade and Jubilee tomorrow. There will also be
fireworks in the evening.
Mr. Cashwell noted there is a change in the parade route. The parade will come down
Oak Street instead ofFM1518.
Mayor Baldwin announced that former Mayor Earl Sawyer is going to be the Grand
Marshall; Leslie Mouton is going to be the honorary Grand Marshall. The Hometown
Hero is DC Morgan.
#9 Adjournment: There being no further business to discuss, Mayor Baldwin
adjourned the meeting at 9:48pm.
Mayor, City fSchertz, Texas
ATTEST:
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City Secretary, City of Schertz, Texas
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