ccreg 10-07-1997
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SCHERTZ CITY COUNCIL REGULAR SESSION
OCTOBER 7, 1997
The Schertz City Council convened in Regular Session on
Tuesday, October 7, 1997 at 7:00 p.m. in the Municipal
Complex Council Chambers, 1400 Schertz Parkway, Schertz,
Texas. The following members were present: Mayor Hal Baldwin
presiding; Councilmembers Charles McDonald; Joe Potempa,
Norman Agee, Sr.; Timothy Swinney and Ken Greenwald. Staff
present were City Manager Kerry Sweatt and City Secretary
Norma Althouse.
Due to the fact Mayor Baldwin was a few minutes late, Mayor
Pro-Tern Norman Agee, Sr. presented two Proclamations. The
first was to Ray Thomas declaring October 16, 1997 as
Flying/Aviation Cadet Corps. Day. Mr. Thomas said a
once-in-a-lifetime reunion will be held at Kelly AFB, October
16th through 18th for the alumni of the Flying/Aviation Cadet
Corp.
The second Proclamation was to representatives of
proclaiming October 27 through November 1 as
Democracy Week in Samuel Clemens High School.
the VFW
Voice of
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Mayor Pro-Tern Agee stated he had served as a judge for the
Voice of Democracy contest and it was an inspiring experience.
Mayor Baldwin having now arrived, asked everyone to stand and
join him in the Pledge of Allegiance to the flag.
#1 APPROVAL OF MINUTES: Regular Session 7-15-98
Special Session 8-13-97
Regular Session 8-19-97
Special Session 8-27-97
Regular Session 9-16-97
Special Session 9-27-97
Mr. Greenwald moved to
Session 7-15-98, Special
8-19-97, Special Session
Special Session 9-27-97
approve the minutes for the Regular
Session 8-13-97, Regular Session
8-27-97, Regular Session 9-16-97 and
Mr. Greenwald moved to
Session 7-15-98, Special
8-19-97, Special Session
Special Session 9-27-97.
approve the minutes for the Regular
Session 8-13-97, Regular Session
8-27-97, Regular Session 9-16-97 and
Mr. McDonald seconded the motion.
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Before the vote, Mr. Swinney asked that under ITEMS BY
COUNCIL, for the minutes of 8-13-97, the statement Related it
was a pleasure dininq with the City Manager and his wife at
the Region 17 meeting be stricken and replaced with Related
he had en;oved the Reqion 7 meetinq.
The vote was then taken and the motion carried as follows:
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AYES: Councilmembers McDonald, Potempa, Agee, Swinney and
Greenwald.
NAYS: None.
#2 HEARING OF RESIDENTS: Those citizens wishing to speak
on agenda items (other than public hearing items) or items not
on the agenda, will be heard at this time.
Magdalena Pena and Judy Dietz both wished to speak on one of
the public hearing items and were informed by Mayor Baldwin
they could speak at this time and the item will be coming up
later on the agenda if they wanted to wait. They both chose
to go ahead and speak.
Magdalena Pena of 1037 Live Oak Road stated she is not opposed
to naming a street after the Gutierrez family because Mr.
Gutierrez was a fine man. She is, however, opposed to
changing the name of Live Oak Road due to the expense and
inconvenience to the residents of Live Oak Road in having to
change their address and all that involves such as checks,
insurance, Social Security, etc.
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Judy Dietz of 1236 Live Oak Road basically agreed with Ms.
Pena and said she has a lot of respect for the Gutierrez
family - she has known them for years. She is not opposed to
naming a street after them. She has lived at her current
address for 29 years and the residents of the nearby Persimmon
Apartments, which she and her husband manage, range in age
from 70 to 92 years, many of them with chronic illnesses, and
it would be a real stress to add another burden to their lives
by changing the name of Live Oak Road and all that would
involve as previously pointed out by Ms. Pena.
Mayor Baldwin thanked the ladies for their comments.
#3 DIETZ ROAD PROJECT: Consider
regarding Guadalupe County/City of
participation in Dietz Road Project.
and
Cibolo
take action
request for
Mr. Sweatt advised this had been discussed at the workshop
last week. Commissioner Wolverton is here tonight to address
Council and asked for City of Schertz support.
Commissioner Wolverton stressed they want to make sure they
don't give the Metropolitan Planning Organization (MPO) a
black eye in Guadalupe County. One means of support they will
need from the City of Schertz is right-of-way. The project
will be done correctly and the funds will be administered
properly. They have asked TXDoT to handle the engineering.
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Mr. Sweatt told Council if they wish to support the project,
they need to make a motion for support. Mr. McDonald asked
if the motion should include a statement about right-of-way
and Mr. Sweatt answered he thought that would be difficult,
they just need a show of support.
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Mr. McDonald moved to authorize the City of Schertz to
support the Guadalupe County/City of Cibolo Dietz Road
Project. Mr. Greenwald seconded the motion, which carried
with the following votes:
AYES: Councilmembers McDonald, Potempa, Agee, Swinney and
Greenwald.
NAYS: None.
#4 REIMBURSEMENT RESOLUTION: Consider and take action
on a Resolution relating to establishing the City's intention
to reimburse itself for the prior lawful expenditure of funds
from the proceeds of tax-exempt obligations to be issued by
the City for authorized purposes; authorizing other matters
incident and related thereto; and providing an effective
date.
Mayor Baldwin introduced a Resolution and read the caption as
follows:
RESOLUTION NO. 97-R-16
A RESOLUTION RELATING TO ESTABLISHING THE CITY'S
INTENTION TO REIMBURSE ITSELF FOR THE PRIOR LAWFUL
EXPENDITURE OF FUNDS FROM THE PROCEEDS OF TAX-EXEMPT
OBLIGATIONS TO BE ISSUED BY THE CITY FOR AUTHORIZED
PURPOSES; AUTHORIZING OTHER MATTERS INCIDENT AND
RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE.
Mr. Potempa moved to approve the Reimbursement Resolution.
Mr. Greenwald seconded the motion.
Before the vote was taken, Mr. McDonald asked what happens to
excess funds. Mr. Sweatt answered they can buy some of the
bonds back or put the excess into the debt service.
The vote was then taken and the motion carried as follows:
AYES: Councilmembers McDonald, Potempa, Agee, Swinney and
Greenwald.
NAYS: None.
#5 PUBLIC HEARING: To receive citizen comments on a
request from Jesse Hellums for a Specific Use Permit allowing
him to place a manufactured home on his property.
Mayor Baldwin explained the procedures to be followed for a
public hearing.
Mr. Sweatt related Mr. Hellums would like to place a 30' x
70' manufactured home on his property in the Oak View Mobile
Home Park and then pointed out the location on the map. He
also mentioned the City has received no objections to Mr.
Hellums' request.
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There being no comments or questions, Mayor Baldwin closed the
public hearing at this time.
#6 Consider and take action on above request from Jesse
Hellums for a Specific Use Permit.
Mr. Potempa moved to approve the request from Jesse Hellums
for a Specific Use Permit allowing him to place a manufactured
home on his property. Mr. Greenwald seconded the motion.
Before the vote was taken, Mr. McDonald observed that Mr.
Hellums was not at the workshop last week or at the meeting
tonight and wondered if he had been notified and if he had
attended any of the Planning and Zoning meetings. Mr.
Greenwald replied he had attended the Planning and Zoning
meetings and Mr. Sweatt advised he had been notified of the
public hearing by a letter from Steve Simonson.
At this time the vote was taken and the motion carried as
follows:
AYES: Councilmembers Potempa, Agee, Swinney and Greenwald.
NAYS: Councilmember McDonald.
ABSTENTIONS: None.
#7 PUBLIC HEARING: To receive citizen comments on a
request from Helen Gutierrez for a street name change from
Live Oak Road to Gutierrez Lane.
Mr. Sweatt informed Council this started with a letter from
the Gutierrez family. Planning and Zoning held a. public
hearing, under new guidelines adopted for renaming a street,
on September 23, 1997 and voted to deny the request.
Mr. Sweatt went on to say twenty-four (24) letters were sent
to property owners within the required distance. Twelve (12)
letters were returned opposed and one (1) letter was returned
in favor.
Henry Gutierrez of Alamo Waste spoke about his family. Mr.
Gutierrez stated his family has provided community service for
over thirty (30) years. Anything named after them would
suffice - a street, a park, etc. One thing the public doesn't
realize is his family has the only business that has affected
every family and other business in the community. They have
worked on recycling with the City Manager. They donated
$15,000 worth of services to the recent flood victims without
charge. Through the years his Mom and Dad did the same thing.
In the early 70's, when streets were completely impassable,
they hauled trash on a tractor/trailer. He thanked Council in
advance for whatever they can do and said they appreciate the
recognition.
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Mr. Agee commented he has only lived in Schertz for a short
time, but he knows he can call on Henry Gutierrez for anything
he needs. He doesn't think naming a street after someone is a
significant thing. The City has a nice xeriscape park where a
plaque could be placed to honor the Gutierrez family.
Mr. McDonald agreed with Mr. Agee. He knew Henry Gutierrez,
Sr. It could also be taken one step further and be called the
Henry and Rose Gutierrez Park.
Albert Pena of 1037
resident since 1962.
is a good idea, but
street name.
Live Oak Road stated he had been a
He thinks honoring the Gutierrez family
it is a real inconvenience changing a
There were no further comments or questions, so Mayor Baldwin
closed the public hearing at this time.
#8 Consider and take action on above request for street
name change.
Mr. Swinney admitted apparently the citizens don't take the
renaming of a street lightly. Their biggest reason against it
is the changing of records. The park idea is a good idea. It
would represent the Gutierrez family efforts.
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Mr. Greenwald pointed out developers coming in always need
street names and the City should keep a list of those they
might want to name a street after, but he likes the idea of
the park being named after the Gutierrez family.
Mr.
name
idea.
Potempa mentioned he would go along with changing
of the street, but he will also go along with the
the
park
Mayor Baldwin confirmed it is a traumatic step on the part of
the City to change a street name. He is pleased the Council
came up with the park idea.
Mr. McDonald moved to deny the request from the Gutierrez
family to rename Live Oak Road to Gutierrez Lane and instead
moved to name the xeriscape park either the Henry and Rose
Gutierrez Park or the Gutierrez Family Park (he will defer to
Henry Gutierrez for that). Mr. Potempa seconded the motion.
Mr. Swinney suggested it would be best to amend the motion to
say they will name the xeriscape park as the Gutierrez family
dictates.
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Mr. McDonald restated his motion, movinq to deny the request
from the Gutierrez family to rename Live Oak Road to Gutierrez
Lane and in lieu of the street name change, moved to name the
xeriscape park after the Gutierrez family as the family
dictates. Mr. Potempa seconded the motion, which carried
with the following votes:
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AYES: Councilmembers McDonald, Potempa, Agee, Swinney and
Greenwald.
NAYS: None.
#9 ORDINANCE: Consider and take action on final reading
of Ordinance rezoning 30 acres from Mobile Home Subdivision
(MHS) to Residential/Agriculture (R/A) (Cliff Johnson
property).
Mr. Potempa inquired if Mr. Johnson came in with plans and
for building permits as he said he was going to and Mr.
Sweatt replied not to his knowledge. Mr. Sweatt, giving a
brief history of Mr. Johnson's proposed project, went on to
say action on this particular ordinance has been tabled
several times - once for 90 days and again for 60 days. At
the last workshop, Mr. Johnson appeared to have his ducks in
order.
Mr. Potempa moved to table action on the final reading of an
ordinance rezoning 30 acres from MHS to R/A for 30 more days.
Mr. Greenwald seconded the motion, which carried with the
following votes:
AYES: Councilmembers Potempa, Agee, Swinney and Greenwald.
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NAYS: Councilmember McDonald.
ABSTENTIONS: None.
#10 FRANCHISE TRANSFER: Consider
regarding request from Alamo/USA
franchise.
and
Waste for
take action
transfer of
Mr. Sweatt reminded Council they have in their packets a
letter from Alamo Waste and a letter from the District Manager
of USA Waste. A transfer of franchise requires approval by
City Council and a simple motion is all that's required.
Mr. Greenwald moved to approve the request
Waste for a transfer of franchise. Mr. Agee
motion.
from Alamo/USA
seconded the
Before the vote was taken, Mr. McDonald asked if there was
anything new they should know about the merger and Mr.
Potempa questioned when the franchise will come up for
renewal. Mr. Sweatt replied it will come up for renewal in
2004 and Mr. Gutierrez is here tonight so he will let him
speak about the merger.
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Mr. Gutierrez stated, as far as his situation is concerned,
he will remain with the company in management for a minimum of
five (5) years. The real estate on FM 2252 is part of the
deal. USA Waste will have their base in Schertz. They are an
aggressive company and rank 3rd among all waste management
companies. They will provide service to all the Metrocom area
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with the exceptions of Converse and Randolph Air Force Base.
They realize they merged with a good company and he sees lots
of positive things in the future. He, personally, is pleased
because they have retained a lot of the key people from Alamo
Waste. They have moved their headquarter temporarily to 410
and Southcross, but construction at the FM 2252 site will
start shortly.
At this time the vote was taken and the motion carried as
follows:
AYES: Councilmembers McDonald, Potempa, Agee, Swinney and
Greenwald.
NAYS: None.
Mr. Potempa asked when they expect to annex the land where
Alamo Waste is located and Mr. Sweatt replied within the next
30-45 days.
#11 REAPPOINTMENT: Consider and take action regarding
reappointment of Planning and Zoning members.
Mr. Sweatt advised the terms of Pia Jarman, David Richmond
and Gary Wallace are up for reappointment and all have agreed
to serve for another two years.
Mr. Greenwald moved to reappoint Pia Jarman, David Richmond
and Gary Wallace for another two-year term on the Planning and
Zoning Commission. Mr. Potempa seconded the motion, which
carried with the following votes:
AYES: Councilmembers McDonald, Potempa, Agee, Swinney and
Greenwald.
NAYS: None.
#12 BID AWARD: Consider and take action on awarding bid
for the Elbel Sidewalk Project.
Mr. Sweatt related it is the recommendation of Ford
Engineering that the bid be awarded to San Antonio
Constructors, Inc. in the base amount of $32,472. It is also
recommended Council reject the $7,040 alternative additive
bid. That is for the area around the service station and the
Dove Meadows area. They expect to accomplish that at a lesser
cost and award it (under $5,000) as a separate bid item to
others.
Mr. McDonald moved to award the base amount bid of $32,472
for the Elbel Sidewalk Project to San Antonio Constructors,
Inc. and to reject the $7,040 alternative additive bid also
submitted by San Antonio Constructors, Inc. Mr. Agee
seconded the motion, which carried with the following votes:
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AYES: Councilmembers McDonald, Potempa, Agee, Swinney and
Greenwald.
NAYS: None.
#13 RESOLUTION: Consider and take action nominating
Sylvia Schlather as a member of the Guadalupe County Appraisal
District.
Mayor Baldwin introduced a Resolution and read the caption as
follows:
RESOLUTION NO. 97-R-15
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS,
NOMINATING A MEMBER TO THE BOARD OF DIRECTORS OF THE
GUADALUPE COUNTY APPRAISAL DISTRICT.
Mr. Potempa moved to nominate Sylvia Schlather as a member of
the Board of Directors of the Guadalupe County Appraisal
District. Mr. Swinney seconded the motion, which carried
with the following votes:
AYES: Councilmembers McDonald, Potempa, Agee, Swinney and
Greenwald.
NAYS: None.
Mr. Sweatt noted they will furnish a copy of the Resolution
to the Appraisal District.
#14 PURCHASE OF LAND:
authorizing the City Manager
construction of a Police
activity.
Consider and take action
to purchase specific land for the
and Fire building and related
Mr. Sweatt acknowledged the City would like to purchase
10.911 acres of land immediately adjacent to the Municipal
Complex and 5.66 acres of land behind SAFES. The owner of the
properties is Monterey-Medina and the price per acre is
$11,476.91. The total price for purchase of the land would be
$125,225.50. The owners have been very cooperative and have
agreed to work on a time frame that is best for the City.
Mr. McDonald moved to authorize the City Manager to purchase
specific land for the construction of a Police and Fire
building and related activity. Mr. Agee seconded the motion,
which carried with the following votes:
AYES: Councilmembers McDonald, Potempa, Agee and Greenwald.
NAYS: None.
ABSTENTIONS: Councilmember Swinney. (Mr. Swinney felt he
should abstain because the City had also negotiated on some
land that belonged to his father-in-law Malford Ackermann.)
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