ccspecwksp 07-12-2000
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SPECIAL WORKSHOP SESSION OF THE SCHERTZ CITY COUNCIL
JULY 12, 2000
The Schertz City Council convened in Special Workshop Session on
Wednesday, July 12, 2000 at 7:00 p.m. in the Municipal Complex Council
Chambers, 1400 Schertz Parkway, Schertz, Texas. Those present were as
follows: Mayor Hal Baldwin, presiding; Councilmembers Ken Greenwald, Joe
Potempa; Norma Head; and Glyn Williams. Those absent: Reginna Agee. Staff
present were City Manager Kerry Sweatt and Dolores Butler, Deputy City
Secretary.
Mayor Baldwin stated that this workshop meeting is being combined with the first
regular meeting, due to the first Monday falling on the July 4th holiday and asked
everyone to rise and join him in the Pledge of Allegiance to the Flag.
Mr. Sweatt noted that in City Attorney Michael Spain's absence Connie Lock is
here representing the firm.
#1 HEARING OF RESIDENTS
No one had signed up to speak on anything other than agenda items.
.
#2 PUBLIC HEARING: To receive citizen comments on a request from
Jonas Wood Ltd. To rezone 87.279 acres from General Business (GB) and
Single-Family Residential District (R-2) to Garden Home District (R-5) and
Single-Family Residential District (R-2).
Mr. Sweatt noted this is a public hearing request for rezoning 87.279 acres of
land along Schertz Parkway between Maske Road and the Ashley Park
Subdivision. Public hearings were held on the request. Fourteen property
owners were sent notice of the pending hearing before the Planning and Zoning
Commission (P&Z) and ultimately, before the City Council. Three notices were
received by P&Z; two in favor and one opposed. P&Z recommended that 9.47
acres of the current property zoned General Business be rezoned to R-5 and that
14.24 acres of the property currently zoned as R-2 be rezoned as R-5 and that
18.26 acres currently zoned GB be rezoned to R-2; leaving the remainder of the
property zoned R-2, leaving the total acreage on that property zoned R-2 of
63.57 acres. P&Z recommended approval of these rezoning requests.
.
Larry Aiken, developer, representing Jonas Wood stated their intention that the
70' lots in the very heavily wooded areas would be $200,000 and up range. The
back area is very heavily forested and will be developed very similar to earlier
sections of Greenshire with the wooded greenbelt down through the middle.
There will be a very nice community package with a pool, cabana, play-scape,
etc. The garden home section is conceptionalized as a village concept that is
very pedestrian friendly and will utilize a smaller lot with more upscaled product
in the mid $150's. They will stress larger front porches and meandering
sidewalks. That section will have its own park with a bandstand/gazebo effect.
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No residents will be more than 600' from that park. Along the 2400 feet of
frontage on Schertz Parkway there was about one million-two hundred thousand
square feet of general business overlay. It was determined early on that with
commercial already being developed on the north side of Schertz Parkway that
we wanted to downgrade that square footage, trading off the commercial for the
building concept.
Jan Marshall asked for an explanation of what will be done with the frontage on
Schertz Parkway.
Mr. Aiken stated that they are proposing to do away with the 500' deep and 2400'
long general business overlay on Schertz Parkway, developing the village
concept with masonry walls and two monumented entries.
Mr. Potempa asked what influenced getting rid of general business. Mr. Aiken
stated that they observed there is still some commercial along FM 3009 that is
yet to be absorbed and a fairly large strip on either side of Woodland Oaks back
to Maske Road is all being left commercial. The particular corner at Maske
Road and Schertz Parkway isn't "on the way home" and doesn't lend itself to
commercial use.
.
Mayor Baldwin asked if this is a gated community, to which Mr. Aiken stated it is
not.
Mr. Williams inquired what would happen when this is all developed and the
builder is long-gone and Schertz Parkway is widened and traffic volume is like it
is on FM 3009 today, how are you going to kill the noise, or will we end up with a
brick wall like we have on FM 3009.
Mr. Aiken stated they have a 25' landscape easement and he has a fellow in
Austin who is a landscape architect he is talking too.
Albert Pena asked where the garden homes are located on the design. Mr.
Aiken said that Wilshire is developing a special product for this. This isn't what
you would think of as a garden home in the sense of a free-standing town home
or garden apartment. These homes wi II have large front porches with varied
setbacks in the front yards and very pedestrian-friendly sort of thing but
upscaled. The idea is for two-person working couple who doesn't have time to
maintain a large yard.
With no further questions, Mayor Baldwin closed the public hearing.
.
#3 ORDINANCE: Consider and take action on first reading of Ordinance
rezoning 87.279 acres from GB and R-2 to R-5 and R-2.
Mayor Baldwin introduced an ordinance and read the caption as follows:
-236-
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AN ORDINANCE
BY THE CITY OF SCHERTZ, TEXAS AMENDING THE UNIFIED
DEVELOPMENT CODE (UDC) ORDINANCE NO. 96-S-28 BY REZONING
APPROXIMATELY 41.97 ACRES OUR OF GUADALUPE COUNTY AND
REFLECTING SUCH CHANGES ON CERTAIN REZONING MAPS IN
ACCORDANCE WITH THE SCHERTZ UDC ORDINANCE.
Mayor Baldwin asked for a motion.
Mr. Greenwald moved to approve the first reading of an ordinance amending the
Unified Development Code Ordinance No. 96-S-28 by rezoning approximately
41.97 acres out of Guadalupe County and reflecting such changes on certain
zoning maps in accordance with the Schertz UDC Ordinance. Mr. Potempa
seconded the motion.
At this time the vote was taken with the following results:
AYES: Councilmembers Potempa, Williams, Greenwald and Head
NAYS: None
.
#4. PUBLIC HEARING: To receive citizen comments on a request from Ollie
and Dereda Burkett to rezone 14.57 acres from Single-Family Dwelling District
(R-2) to Garden Home District (R-5).
Mr. Sweatt noted this request is to rezone 14.57 acres located east of Schertz
Parkway on the north side of Live Oak Road from Single-Family Dwelling District
(R-2) to Garden Home District (R-5). P&Z received a request and notices were
mailed to property owners within the 200' area. Ten letters were sent and one
was received in opposition. P&Z held a public hearing and heard testimony and
ended up not making a recommendation to City Council because there were
three votes for and three votes against. This request is being sent to Council
with no recommendation.
Mrs. Burkett stated Ollie has been working on this and chose to have bypass
surgery (is doing fine) and though she hasn't been very involved, will try to
answer any questions.
Albert Pena stated his concern was that the area be developed with something
that looks nice and also, the fact that plans are to place 60+ 50'x100' lots on 14
acres and that seems to be pretty congested. Another concern is drainage.
.
Don McCrary, engineer for the project stated that the back part of the property is
going to be left as a greenbelt/park area, so that will take the drainage and it will
be handled with drainage structures in the subdivision.
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Mayor Baldwin's understanding is that the drainage will come through the
subdivision and out on Live Oak Road, and at that point, goes back towards
Schertz Parkway.
Evelyn Niland was also very concerned with the drainage problem. She also
wanted to know who the builder is and will they follow the developer's plan for the
property.
Mayor Baldwin said the Tax Increment Financing Corporation was going to deal
with the drainage on Schertz Parkway; however the City has lost Guadalupe
County as a partner (the school district dropped out earlier) so the City has to
come up with a solution and that is being looked at.
Mr. Aiken said when the final plat is done on each section, there will be a
recorded set of deed restrictions filed for record.
.
Mrs. Niland wanted to know who the builder is. Mr. Aiken said it would be
Wilshire or possible Japhet.... it wouldn't be a K&B or CenTex.
Mayor Baldwin asked what the. price. range in this subdivision would be. Mr.
Aiken said they are looking at probably $130's to $150's with a little less square
footage (approximately 1200 to 1600 square feet). The intent is to provide a
product that is nice but not a lot of maintenance. There will be a common area
that will incorporate a pool and two large sections around behind that will be
undisturbed.
Mrs. Head asked how wide the greenbelts are. Mr. Aiken stated he thought they
were about 2-3/4 acres wide.
Mr. Pena asked if there would be two-story homes? Mr. Aikens said there would
probably be a mix of ones and twos. Two-stories are practical now-a-day
because of the cost of construction, particularly on a small lot.
Mr. Potempa asked if our subdivision ordinance overrides deed restrictions.
Mr. Sweatt said that deed restrictions are not enforced by the City, only by the
covenant between the property owner. They can be more restrictive but not less
restrictive than City Ordinance.
Mr. Williams verified that there will be deed restrictions and mandatory
participation in the homeowners association.
Mr. Greenwald commented that Planning & Zoning looks at these and if there are
any amenities tied to the association, those things are mandatory.
. Mr. Phillip Doyle was interested to know what would happen if the economy
drops after the builder gets in there and builds 50% of the homes and building
stops, would the deed restrictions still have to carry on.
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Mr. Aiken stated if the subdivision should be built in stages, the homeowners will
still have to maintain the deed restrictions for the entire subdivision at a higher
cost than if all properties were developed.
Mr. Williams asked for verification regarding Mr. Doyle's question; that if half the
homes were developed and sold and half weren't, those half of the homeowners
would have a larger assessment; would the covenant be written so that the
developer would maintain control of the association?
Mr. Aiken said that usually the developer will retain a Declarant and will maintain
control of the homeowners association and architectural control board to make
sure that everything is moving. Very often, if all lots are sold to a publicly trained
homebuilder such as a Wilshire, they will be put in control of the architectural
control committee to control their own destiny.
Mr. Williams, confirming the answer to Mr. Doyle's question, asked if either the
developer or the person who bought the lots will still maintain the subdivision so
that not just 50% of homeowners would be paying to maintain amenities for the
undeveloped property.
Mr. Aiken said yes, up to a certain point. The Declarant usually maintains Class
B voting rights. At 75%, the homeowners take over the association.
. Mr. Doyle stated he is on the other side of the greenbelt and he asked about an
entryway, would it be downscaled?
Mr. Aiken said that there will some type of entry feature and fencing along Live
Oak Road and there will be privacy fencing around the entire perimeter. He is
wanting something less imposing than just a solid six or eight foot masonry wall,
maybe something part masonry and part wrought iron or something that is more
open.
Mrs. Niland voiced her objection to having houses backed up on Live Oak Road
with privacy fencing.
There being no further comments or questions, Mayor Baldwin closed the public
hearing.
#5 ORDINANCE: Consider and take action on first reading of Ordinance
rezoning 14.57 acres from R-2 to R-5.
.
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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 UNIFIED DEVELOPMENT CODE (UDC) ORDINANCE NO. 96-S-28 BY
REZONING APPROXIMATELY 14.57 ACRES OUT OF GUADALUPE COUNTY
AND REFLECTING SUCH CHANGES ON CERTAIN ZONING MAPS IN
ACCORDANCE WITH THE SCHERTZ UDC ORDINANCE.
Mayor Baldwin asked for a motion.
Mr. Greenwald moved to approve the first reading of the ordinance rezoning
14.57 acres of land amending the UDC Ordinance 96-S-28. Mr. Williams
seconded the motion.
At this time the vote was taken with the following results:
AYES: Councilmembers Potempa, Williams and Greenwald
NAYS: Councilmember Norma Head
.
At 8:25 p.m. Mayor Baldwin called a five-minute recess.
Due to a conflict of interest, Mayor Baldwin excused himself and Mayor Pro-Tem
Greenwald called the meeting to order at 8:30 p.m.
#6 ORDINANCE: Consider and take action on final reading of ordinance
establishing reinvestment zone in Commercial Place Industrial Park.
Mr. Sweatt noted that Council has acted on this at one meeting and discussed it
at least two workshops. This is establishment of a reinvestment zone in the
Schertz Business Park, property owned by the Schertz Development Foundation,
lot 7,18 and 22. Property owned by Metro Ambulance is lot 15, 16, and 17. It is
the purpose of the City to establish reinvestment zone on a periodic basis that
coincide with tax abatement issues. When the Industrial Foundation first
acquired and began operating the Schertz Business Park a reinvestment zone
was created and some property was developed under tax abatement issues.
That later expired with no request pending. Since that time we have had a
request for a reinvestment zone so the Industrial Foundation and the Economic
Development Commission have reviewed this and are recommending that City
Council re-establish the reinvestment zone subject to a letter of tax abatement
request.
.
Mayor Pro-Tem Greenwald introduced an ordinance and read the caption as
follows:
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AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ESTABLISHING
SCHERTZ REINVESTMENT ZONE NO.2.
Mayor Pro- T em Greenwald asked for a motion.
Mr. Williams moved that Council approve the final reading of the Ordinance
establishing the reinvestment zone NO.2 in Commercial Place Industrial Park.
At this time the vote was taken with the following results:
AYES: Councilmembers Head, Potempa, Williams and Greenwald.
NAYS: None
#7 ORDINANCE: Consider and take action on final reading of ordinance
regarding Tax Abatement and Tax Abatement Agreement with Metro Ambulance.
Mayor Pro-Tem Greenwald introduced an ordinance and read the caption as
follows:
AN ORDINANCE
. BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, APPROVING A
TAX ABATEMENT AND A TAX ABATEMENT AGREEMENT FOR AND WITH
METRO AMBULANCE, INC., A PROPERTY OWNER IN THE CITY OF
SCHERTZ.
Mr. Sweatt noted this item comes to Council on second reading. We believe this
is the epitome of economic development in that a local company is expanding
and proposes to expand from their present location in the Schertz Business Park.
Earlier creation of the reinvestment zone makes this possible. Metro Ambulance
has acquired lots 15, 16, and 17 in the business park. This request has been
reviewed by the Economic Development Commission. Because they are a local
business and because there are incentives for local businesses, and the total
capital investment being proposed, has qualified for a tax abatement of 59.26%
for a five (5) year period.
Mayor Pro- T em Greenwald asked for a motion.
Mr. Potempa moved to approve final reading of an ordinance approving a tax
abatement and a tax abatement agreement for and with Metro Ambulance, Inc. A
property owner in the City of Schertz. Glyn Williams seconded the motion.
.
At this time the vote was taken with the following results:
AYES: Councilmembers Head, Potempa, and Williams
NAYS: None
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Mayor Baldwin resumed the chair to preside over the next agenda item.
#8 ORDINANCE: Consider and take action on first reading of Ordinance
regarding rate increase by Waste Management.
Mr. Sweatt stated that as late as this afternoon he had additional conversations
with representatives of Waste Management who are here. We have had
considerable debate regarding a monitoring fee for the roll-off container fee for a
portion of the business and have reached an agreement. The city will be
reimbursed removing our objections to the rate increase.
Mayor Baldwin introduced an ordinance and read the caption as follows:
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING
THAT THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS BE
AMENDED BY REVISING SECTION 7 Yz -54, EXHIBIT 2, GARBAGE RATE
SCHEDULE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING A
REPEALING CLAUSE.
.
Mr. Williams stated he had talked to two representatives during the break and
wanted to make sure that his questions of them during the last couple of
meetings was not directed at them, but at Waste Management. They are just the
messengers, just as he is a messenger to the citizens of Schertz.
Mr. Williams moved Council approve the first reading of the ordinance for a rate
increase by Waste Management. Mr. Greenwald seconded the motion.
At this time a vote was taken with the following results:
AYES: Councilmembers Head, Williams and Greenwald
NAYS: Councilmember Potempa
Due to a possible conflict of interest, Mayor Baldwin excused himself and Mayor
Pro-Tem took the chair to preside over the next two agenda items.
#9 ORDINANCE: Consider and take action on first reading of Franchise
Agreement Ordinance with Grande Communications regarding
telecommunications and cable service.
.
Mr. Sweatt reminded Council this has been discussed at two workshops. This is
a bundled service consisting of a proposal to be franchised to use public rights of
way for long distance, Internet and cable television service. There are various
federal and state regulations that touch portions of this; but the company has
proposed to operate a fiber optics system in the City, providing one or all of these
types of services. The ordinance has been drawn coordinating with the city
-242-
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attorney's office and two companies at this stage. We are still fine-tuning this
and have a couple of provisions that we are not quite comfortable with but would
recommend approval on first reading.
Mayor Pro-Tem Greenwald introduced an ordinance and read the caption as
follows:
AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS,
ESTABLISHING A FRANCHISE AGREEMENT WITH GRANDE
COMMUNICATIONS, INC. FOR CABLE TELEVISION AND OTHER
SERVICES; PROVIDING THE TERMS AND CONDITIONS UNDER WHICH
THE FACILITIES OF GRANDE COMMUNICATIONS, INC. WILL BE
INSTALLED, OPERATED AND MAINTAINED; ESTABLISHING A TERM FOR
THE FRANCHISE; AND ESTABLISHING AN EFFECTIVE DATE.
Mayor Pro-Tem Greenwald asked for a motion.
Mr. Williams moved that Council approve first reading of the ordinance for a
franchise agreement with Grande Communications for cable services in the City
of Schertz. Norma Head seconded the motion.
.
At this time the vote was taken with the following results:
AYES: Councilmembers Head, Potempa and Williams
NAYS: None
#10 ORDINANCE: Consider and take action on first reading of Franchise
Agreement Ordinance with Western Integrated Networks for telecommunications
and cable service.
Mr. Sweatt introduced Ms. Tina Mason representative of Western Integrated
Networks. She will answer any questions Council might have.
Mayor Pro-Tem Greenwald introduced an ordinance and read the caption as
follows:
AN ORDINANCE
.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, ESTABLISHING A FRANCHISE AGREEMENT WITH WESTERN
INTEGRATED NETWORKS OF TEXAS OPERATING L.P. FOR CABLE
TELEVISION AND OTHER SERVICES; PROVIDING THE TERMS AND
CONDITIONS UNDER WHICH THE FACILITIES OF WESTERN INTEGRATED
NETWORKS OF TEXAS OPERATING L.P. WILL BE INSTALLED, OPERATED
AND MAINTAINED; ESTABLISHING A TERM FOR THE FRANCHISE AND
ESTABLISHING AN EFFECTIVE DATe..
.-243-
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will allow a "black base" rebuild of a portion of Schertz Parkway from Live Oak to
Maske Rd. as a part of this year's budget amount.
Mr. Greenwald's concern is that the City get a performance bond for this project.
#14 Discuss water billing matters.
Mr. Sweatt reported the water bills are on schedule on cycle and should be
complete by the end of next week. There are no more problems.
Mr. Potempa asked Mr. Sweatt how much money the City is losing due to the
computer program mess, to which Mr. Sweatt replied, "None".
#15 CITY MANAGER'S REPORT: Mr. Sweatt reminded Council that a date
needs to be set for the Ribbon Cutting/Open House for the new facilities. Two
possible dates are July 23rd or July 30th. We need to have names of those
Council members would like to send a personal invitation to.
Following discussion, Sunday, August 6, 2000 was selected as the date, from
1 :00 to 5:00 p.m.
#16 ITEMS BY COUNCIL
. Ms. Head asked that nominations for "Hometown Hero" be placed on the next
workshop agenda.
Mr. Williams stated he was concerned about the lack of publicity regarding
watering restrictions; wondered if Mr. Sweatt could put something in the City
newsletter and in the local newspaper to educate the citizens.
Mr. Greenwald a) Noted there are water problems all around us.
b) Would like to place billboard removal on the next workshop agenda.
#17 ITEMS BY MAYOR: Place sign restriction item on the 26th workshop
agenda.
Mayor Baldwin adjourned the Special Workshop Session at 9:40 p.m.
#18 EXECUTIVE SESSION: Called under Chapter 551 Texas Government
Code, Sub-Section 551.074, Personnel Matters, to deliberate evaluation of City
Manager.
Mayor Baldwin called the Special Workshop back to order at 10:40 p.m.
.
#19 Action, if any, on above Executive Session.
No action is required at this time.
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#20 ADJOURNMENT
There being no further business to discuss, Mayor Baldwin adjourned the
meeting at 10:44 p.m.
Mayor, City of Schertz, Texas
ATTEST:
-'J~ J3///h~
Deputy City Secretary, City of Schertz
.
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