ccreg 11-04-1997
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SCHERTZ CITY COUNCIL REGULAR SESSION
NOVEMBER 4, 1997
The Schertz City Council convened in Regular Session on
Tuesday, November 4, 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, Sri Timothy Swinney and Ken Greenwald. Staff
present were City Manager Kerry Sweatt and City Secretary
Norma Althouse.
Mayor Baldwin asked everyone to stand and join him in the
Pledge of Allegiance to the flag. Following the pledge, he
introduced County Commissioner Jim Wolverton who was in the
audience.
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Prior to the first item on the agenda, Mr. Robert Vallance,
President of the Schertz Business Association, and Mayor
Baldwin presented plaques to the Employees of the Quarter for
the first three quarters of fiscal year 1996/97. Richard Fink
of the Public Works Department received a plaque for the first
quarter from October through December of 1996. Frank Leos of
the Facility Maintenance Department received a plaque for the
second quarter from January through March of 1997. Lewis
Kreutler of the Police Department received a plaque for the
third quarter from April through June of 1997. Mr. Sweatt
gave a brief synopsis on each employee as their plaque was
presented to them.
#1 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.
A. George Mower of 501 Brooks signed up to speak regarding
Freeway Manor. He wants the City to either turn Freeway Manor
loose or go ahead and do what the law requires them to do when
a property is annexed. He mentioned that one Councilmember
asked if they want the City to spend $200,000 on only one (1)
resident. Also, the auditor stated that the City made a
$415,000 profit on water/sewer. He just wants the people in
Freeway Manor to be treated the same as other residents of the
City. They need water and sewer and roads. He then
introduced Mr. Jim Bunch, attorney for Jim Long, and Mr.
Ronald Avery, the architect for Mr. Long's sheds.
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B. Mr. Bunch pointed out Mr. Long is a property owner in
Freeway Manor, but not a resident of Schertz. The area was
annexed in the late 1970's and early 1980's and Mr. Long is
asking the City to do as they promised in maintaining the
roads. He would also like to see something done about
providing them water and sewer. Mr. Long has put storage
sheds on several lots and was told by the City Inspector if
there's no water, no storage sheds. Permits have been given
to others, so they're getting a mixed message.
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C. Mr. Avery stated he is not here as an architect
representing Mr. Long, but rather as a supporter of the u.s.
Constitution and individual property owners rights.
D. Ms. Acosta, a Freeway Manor property owner, related she
had asked for help earlier this year and the City did not help
her. Mayor Baldwin admitted she had wanted to move a mobile
home onto her property, but could not do so because there is
no water available. He had tried to help her but could not do
so.
E. Juan Hernandez, a Freeway Manor property owner, said he
had bought the land some time ago in order to have a better
place to live. He bought a mobile home approximately a year
ago and there are still no services available. Why? He is
asking for the City's help.
Mayor Baldwin asked for a show of hands from the audience of
who owns lots in Freeway Manor and there were several. He
than asked for the number of residents of Freeway Manor and
was told there are four (4).
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Mr. Sweatt briefly explained the service plan that existed at
the time this area was annexed and then went on to say the
City of Schertz never refused to provide services, but it does
require participation in the cost by the residents. Since the
area was annexed, no permits have been granted because there
is no water or sewer.
Mr. Bunch asked about the roads. He said the property owners
can participate in that, but you're talking about people who
don't have a lot of money. Could participation be done
through time payments, or would it require one lump sum?
Mayor Baldwin admitted there are several problems. When the
developer built Mr. Mower's house, for example, part of the
cost was for water and sewer and development of the road.
A gentleman
City can't
Commissioner
Mayor Baldwin
in the audience (name not given) stated if the
help them, then it should turn them loose.
Wolverton thinks something can be worked out.
stated the City is willing to look into that.
Commissioner Wolverton indicated if they were deannexed, then
they would have to go with an engineer-designed septic system
approved by TNRCC and that's a minimum of about $6,000.
Mr. Sweatt commented it is a very expensive process for one
property owner, but if they could get a group of property
owners together, the City would be willing to work with them.
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Mayor Baldwin remarked they have checked into community
development block grants and they are of no use to the Freeway
Manor property owners.
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Mr. Mower observed they're getting far afield from a simple
storage building permit request. Mayor Baldwin noted he
thought the people were here to find a way to be able to live
on their lots.
A lady in the audience (name not given) asked if there was any
way to contact the property owners who are not here. Mayor
Baldwin replied if they could contact all the property owners
that would be great, but usually problems are encountered
locating property owners due to deaths, estates, name changes,
etc. His feeling was the property owners should go after
Continental Homes with a class action suit.
Mr. Mower interjected if the City could just give them water,
they can buy an electric toilet. There was a brief
confrontation between Mr. Mower and Mr. Swinney with Mr.
Swinney suggesting Mr. Mower go into real estate development.
Mr. Long asked if the majority of the people participate, can
water lines be put in and Mr. Sweatt replied yes. When he
asked how many people it would take, Mr. Spain advised him
the more people who participate, the less money it costs each
person. Mr. Long then asked about sewer and Mr. Sweatt
responded the City is not obligated for sewer.
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Mr. Avery commented the property owners in Freeway Manor may
not be able to bring in millions for a shopping center, but
they are individuals and he thinks the City should find a way
to work with them.
A lady in the audience (name not given) commented about people
who already have sheds and asked why not permit Mr. Long to
have his sheds. Mr. Sweatt answered Mr. Long will be
appearing before the Board of Adjustment with his request for
sheds.
Another lady in the audience (name not given) observed the
Mayor seems nice - she doesn't know what all is going on in
Freeway Manor. Mr. Swinney is not nice - he is rude to
people in need.
This concluded the list of those who wanted to speak about
Freeway Manor. There were, however, two other people who
signed up, Mr. Ray Castanata and Mr. Allen Aaron, and they
wanted to talk about the Specific Use Permit request from
Rainbow Play Systems. Mayor Baldwin informed them that item
is next on the agenda, so he asked them to wait and speak at
that time. They agreed.
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#2
request
Specific
equipment
North.
PUBLIC
from
Use
in a
HEARING: To receive citizen comments on a
Darren Patrick of Rainbow Play Systems for a
Permit allowing him to display playground
Neighborhood Services zoned area at 17144 IH-35
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Mayor Baldwin explained the procedures to be followed at the
public hearing.
Mr. Sweatt pointed out the location on the map saying it is
between Irola Drive and Plaza Drive facing IH-35 at 17144
IH-35 North. Seven (7) letters were sent to property owners
within the required distance and one (1) was returned in favor
and one (1) was returned opposed. Mr. Darren Patrick, who
submitted the application, is here this evening to speak about
his plans. The Council has copies of pertinent information in
their packets.
Mr. Patrick stated he is located on I-10 toward Boerne and
thought it would be appropriate to build in Schertz. They
plan to hire 1 to 3 people within 30 days and as many as 10-15
people in 6 months depending on the sales.
Mr. Swinney asked Mr. Patrick if he knows Ms. Sammans who
has Backyard Adventures of Texas (right next to where plans to
locate) and if he had been asked to leave her property. Mr.
Patrick replied yes and she would be asked to leave his
property. That is the kind of relationship they have built.
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Mr. Swinney then questioned Mr. Patrick how he feels about
Ms. Sammans having a competitive business on I-10 near his.
Mr. Patrick responded he does not consider her a competitor
and denied she threatens his business. Mr. Swinney then
observed you could basically say it would not be an harmonious
agreement if they were to have businesses side by side.
Mr. Potempa asked where Mr. Patrick anticipates all these
people parking, is he leasing or renting, and what type
fencing will he build. Mr. Patrick replied they will pick up
any orders at the warehouse and will only service the IH-35
area, he is leasing, and he didn't plan on changing any of the
fencing. Mr. Potempa then asked the terms of the lease and
Mr. Patrick answered he did not know. When Mr. Potempa
inquired about the building, Mr. Patrick said it belongs to
the owner.
There was a brief discussion about the requirement for a fence
between residential and business and then Mayor Baldwin asked
if they will not be manufacturing in Schertz and Mr. Patrick
replied that's correct. They will only display. Mayor
Baldwin then inquired if there will be a sales office and Mr.
Patrick answered they had talked about it, but don't know yet.
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Mayor Baldwin
is good for
necessarily in
IH-35 Corridor
competition.
wondered if locating that close to a competitor
business and Mr. Patrick explained maybe not
that close of proximity, but exposure along the
to Austin is important. He has no problem with
Ray Casanata, representing Lena Green, stated they rent out
the lot that runs right into Plaza Drive, and expressed
concern about where customers are going to park. The lot has
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been in his family since 1970 and the business will have to
build a privacy fence not a chain link one. Mr. Patrick
indicated he has no objection to building a fence.
Mr. Aaron pointed out Mr. Patrick should know the facts
about his lease, especially the money, because he should have
budgeted for it. Putting that aside, however, his biggest
concern is about the threats Mr. Patrick has made to the
existing business of Ms. Sammans. He is worried about
shooting and killing. He feels it's extremely dangerous
having these two businesses next to each other.
Mr. Swinney asked Mr. Aaron what business he's in and he
replied swimming pools and repair. Mr. Aaron went on to say
traffic is a big problem. People will have to circle the
Mobile Home Subdivision to get to Mr. Patrick's business.
Mr. Patrick promised to tell his customers to exit earlier so
that won't happen. Mr. Aaron explained all the difficulty
they have from people exiting IH-35 and said he is totally
against this business locating there.
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Ms. Sammans had written a letter and provided copies to all
the City Council members. It explained all the problems she
has had with Mr. Patrick. She filed a report with Sergeant
Reidy, but did not file a complaint. Mr. Potempa asked what
happened when she went to the Police Department. Ms. Sammans
answered she asked them to keep an eye out for the possibility
of vandalism by Mr. Patrick to her units.
Sergeant Reidy was in the audience and Mr. Potempa asked him
if he had seen Mr. Patrick's vehicle at Ms. Sammans'
business and he replied not since Ms. Sammans had spoken with
him. Mr. Potempa then asked him his opinion of the traffic
at that location and Sergeant Reidy agreed it is a difficult
area to get into.
Mr. Swinney asked Sergeant Reidy if he can confirm all of Ms.
Sammans' statements. Sergeant Reidy validated his
conversation with Ms. Sammans and the fact she had filed a
report with him. He ran Mr. Patrick's license plates and
address and attempted to contact him, but had to leave a
message. He never received an answer from Mr. Patrick.
Several people in the audience emphasized that the traffic in
the area is getting worse. Mr. Patrick addressed that
situation by saying on an average they experience 2-6 vehicles
per day and he would tell his customers to exit at Schertz
Parkway. Mr. Potempa asked if that amount of cars is
advantageous to a business and Mr. Patrick replied yes.
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Going back to his relationship with Ms. Sammans, Mr. Patrick
admitted they don't have the best one, but she is making
exaggerations about him. Besides, he will not be at the IH-35
location.
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Mr. Potempa remarked he foresees unfair competition in this
situation. Mayor Baldwin commented clustering businesses
helps the competition, but he wouldn't like to see this
harassment in the City of Schertz. He told Mr. Patrick it's
not that they don't want him, but they also don't want him to
run Ms. Sammans out of town. Mr. Potempa observed that Mr.
Patrick keeps the friction going.
Mr. McDonald emphasized the major concern is with traffic at
the entrance on Plaza Drive. He doesn't think the residents
of Mobile Villa want more traffic. Mr. Patrick argued that
the traffic won't increase that much because this will not be
his main location. Mr. Potempa noted people will come out of
curiosity and they won't call ahead so he can tell them to
exit at Schertz Parkway.
There was more discussion about traffic and concern for
children in the area because of it. Mayor Baldwin felt they
have a dilemma if they deny this request because of traffic.
Mr. Swinney stated he didn't hear a clear cut business plan.
It seems Mr. Patrick's goal is Austin, not Schertz, and he's
just trying to get exposure along the Corridor toward that
goal. He fears violence because of these bad feeling between
Mr. Patrick and Ms. Sammans and especially if his aim is to
destroy her existing business.
. There being no further questions or comments, Mayor Baldwin
closed the public hearing at this time.
#3 Consider and take action on above request for a
Specific Use Permit.
Mr. McDonald moved to deny the request from Darren Patrick of
Rainbow Play Systems for a Specific Use Permit allowing him to
display playground equipment in a Neighborhood Services zoned
area at 17144 IH-35 North. Mr. Swinney seconded the motion,
which carried with the following votes:
AYES: Councilmembers McDonald, Potempa, Agee, Swinney and
Greenwald.
NAYS: None.
Mr. Patrick left in a huff, slamming the Council Chambers
door and shouting he will appeal.
#4 BID AWARD: Consider and take action on awarding bid
for police cars.
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Mr. Sweatt advised the City solicited bids for four (4)
police cars and three (3) bids were received. The low bidder,
Payton-Wright out of Grapevine, Texas is lower than the second
place bidder, Jennings Anderson Ford out of Boerne, Texas.
However, the bid from Payton Wright is for pick up in
Grapevine. Delivery is $150.00 per unit for a total of
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$600.00 if delivered. The delivery time for Payton-Wright is
90-150 days and for Jennings Anderson 30-45 days. Considering
all the expenses and manhours that would be involved in
picking up the cars in Grapevine, it is recommended the
vehicles be purchased from Jennings Anderson. Their bid is
$19,171.00 per unit for a total of $76,684.00.
Mr. McDonald moved to award the bid for four (4) police cars
to Jennings Anderson Ford of Boerne, Texas in the amount of
$76,684.00 Mr. Potempa seconded the motion, which carried
with the following votes:
AYES: Councilmembers McDonald, Potempa, Agee, Swinney and
Greenwald.
NAYS: None.
#5 BIn AWARD: Consider and take action on awarding bid
for data processing equipment.
Mr. Sweatt reported that following advertising in the
newspaper and sending out packages to four (4) software and
hardware companies, only two (2) were received. Bids were
opened on October 30, 1997. Of the two bids received, only
CPS met the specifications provided in the RFP given to all of
the potential bidders.
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It is therefore recommended that the proposal by CPS in
amount of $84,933 minus budget funds and $2,000 trade-in
old data processing equipment for a total of $66,251, to
paid for by IBM lease agreement of $963.85 per month for
months, be accepted.
the
of
be
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Mr. Sweatt went on to say the current system will continue to
run and they will add PC's. They will continue to use
software from CPS and will add twelve (12) new PC's along with
the related hardware.
Mr. McDonald asked if
other and Mr. Sweatt
thinking is that all
through fiber optics.
they will all be compatible with each
replied yes they will. The long-term
facilities be connected probably
Mr. Greenwald asked if they have enough printers. Mr.
Sweatt answered some funds have been budgeted for a few new
printers, and they will be aligned into groups of like users.
Mr. Swinney asked if they are leasing to buy. Mr. Sweatt
responded that at the end of 60 months, they can buy it for
$1.00.
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Mr. Greenwald moved to award the bid for data processing
equipment to CPS in the amount of $84,933 minus $16,682 budget
funds and $2,000 trade-in. Mr. Swinney seconded the motion,
which carried with the following votes:
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AYES: Councilmembers McDonald, Potempa, Agee, Swinney and
Greenwald.
NAYS: None.
#6 LEASE PURCHASE AGREEMENT: Consider
regarding lease purchase agreement with
processing equipment.
and take action
IBM for data
Mr. Potempa moved to approve the lease purchase agreement
with IBM for data processing equipment for a total of $66,251
to be paid for in monthly installments of $963.85 per month
for 60 months. Mr. Agee seconded the motion, which carried
with the following votes:
AYES: Councilmembers McDonald, Potempa, Agee, Swinney and
Greenwald.
NAYS: None.
#7 CITY MANAGER'S REPORT: Brought in sample wording for
Council to approve for putting on Merwin Willman's plaque.
Mr. Willman will be honored at the November 18th meeting and
Planning and Zoning will be asked to attend.
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#8 ITEMS BY COUNCIL: Mr. Potempa: Mentioned he had
promised to put the City of Schertz on a water tower and he
has a small sample he will bring.
Mr. Swinney: A. Reported he has been able to
services of Reverend Jack Hulsey of the Schertz
Church for the Appreciation Dinner on November 20th.
his wife Kim will be attending.
get the
Baptist
He and
B. Noted he gave
submission to the
incentive rides.
a prototype letter to
12th Flying Wing at
Mr.
RAFB
Sweatt for
to request
C. Referred to his confrontation earlier this evening
Mr. Mower and said he is getting real tired of him.
Baldwin told Mr. Swinney that Mr. Mower gets off
tirades and what he says isn't true.
with
Mayor
on his
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Mr. Sweatt opened up a brief discussion on how they could get
water to the people in Freeway Manor. Mr. Agee, a real
estate agent, said they have stopped selling mobile home lots
in the county because of the cost of septic systems. Mayor
Baldwin felt any scenario they come up with will be too
expensive. Mr. Swinney said he would be happy to deannex
them and wondered if there was any other interest in doing
that. Mayor Baldwin suggested working up a plan for the
property owners which would layout their cost to them for
getting water.
There was then discussion about putting down some gravel and
Mr. McDonald felt the City probably has some responsibility
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