ccreg 09-05-2000
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REGULAR SESSION OF THE SCHERTZ CITY COUNCIL
September 5, 2000
The Schertz City Council convened in Regular Session on Tuesday, September 5, 2000 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 Norma Head; Joe Potempa; Glyn D. Williams and Ken Greenwald.
Absent: Councilmember Reginna Agee. Staff present were Interim City Manager Steve
Simonson and City Secretary Norma Althouse.
Mayor Baldwin asked everyone to rise and join him in the Pledge of Allegiance to the
Flag. Following the Pledge, two Proclamations were read. The first declared September
as "National Prostate Cancer Awareness Month" in the City of Schertz. There was no one
present to receive the Proclamation. The second declared September 15, 2000 as
"National POW/MIA Recognition Day" in the City of Schertz. Commander Reese of the
local VFW received the Proclamation and then presented Mayor Baldwin with a
POW/MIA flag to fly at City Hall on September 15th. Commander Reese also invited
Council to attend the candle light services on Sunday at 6:00 p.m. at the VFW. Mayor
Baldwin thanked everyone from the VFW for their time.
#1 APPROVAL OF MINUTES: Regular Session 05-16-00
Special Workshop Session 05-31-00
. Regular Session 06-06-00
Special Workshop Session 06-14-00
Regular Session 06-20-00
Special Workshop Session 06-28-00
Special Workshop Session 07-26-00
Special Workshop Session 08-01-00
#2 HEARING OF RESIDENTS
Ted Duigon of 1112 Antler Drive, saying he had researched the UDC and several other
ordinances, wondered if there is a City ordinance regarding the restriction of vehicles in
parks. There is a 2.2 acre drainage area in the vicinity of Savannah Square, Drayton and
Antler and they were told they could put up barbed wire to prevent people from using it
as a shortcut to FM 3009. Now ATV's (all-terrain vehicles) have become a nuisance.
Mayor Baldwin indicated the City just needs to research the ordinances to fmd out the
information Mr. Duigon is requesting.
George Mower of 501 Brooks Ave. reported he had sent a letter, under the Open Records
Act, requesting the circumstances surrounding Jack Stomackin's death and received a
letter, in response, from City Attorney, Michael Spain. Mr. Mower then read a statement
regarding his feelings about the way the City has replied to his request. Mayor Baldwin
asked for a copy of the statement and Mr. Mower advised the Mayor his lawyer would
. send him a copy.
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Mr. Mower then started to read the letter he received from Michael Spain, but was asked
to fmish because his five minutes were up. The Mayor read the rest of the letter. Mayor
Baldwin then told Mr. Mower he comes, as usual, in front of the Council with a bunch of
malarky. Why is he wasting Council's time? He puts forth no effort other than to tear
down and destroy.
Clarence Dugie and Danny Simmons of Riedel's Furniture had signed up to speak, but
upon being asked by Mayor Baldwin, said they would speak when the item they signed
up for comes up on the agenda.
Robert Mayle of 1509 Green Valley Road spoke regarding a drainage problem with a
Mike Lancaster development. He thanked the City officials for coming out to observe his
problem on his property. He admitted he is getting frustrated because he has been trying
to get the problem solved since March. The developer is doing nothing and he would like
something in writing regarding a time limit. He wants the City's stance and the
developer's stance on this situation.
Mayor Baldwin suggested Mr. Mayle speak with Mr. Duigon who had a similar problem
and was sure Mr. Duigon could advise him about what he needs to do to reach a solution.
Mr. Mayle was not open to the Mayor's suggestion.
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Mr. Mayle went on to say the City approved the plan for the Lancaster development and
he thinks his paying taxes should prevent him from the expense of a lawyer. He needs
underground drainage. He inquired if the City Attorney is going to represent him and
was told no by Mayor Baldwin.
After more discussion about the possibility of stopping the developer, about underground
drainage and the fact the City Engineer is paid with taxpayer's money, Mr. Mayle asked
the Mayor to have the City Attorney give him a call and the Mayor agreed to do so.
#3 Consider and take action regarding request from Guadalupe Valley Hospital
Foundation.
Mr. Potempa moved to table action on the request from Guadalupe Valley Hospital
District until a representative from the Hospital District could be present for discussion of
the subject. Mr. Williams seconded the motion, which carried with the following votes:
AYES: Councilmembers Head, Potempa, Williams and Greenwald.
NAYS: None.
#4 ORDINANCE: Consider and take action on final reading of Ordinance regarding
rezoning of3.5 acres from NS to R-l. (Tim and Sheila Fetter property)
. Mayor Baldwin introduced an Ordinance and read the caption as follows:
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ORDINANCE NO. 00-S-21
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING
THE UNIFIED DEVELOPMENT CODE (UDC) ORDINANCE NO. 96-S-28 BY
REZONING APPROXIMATELY 3.5 ACRES OUT OF GUADALUPE COUNTY
AND REFLECTING SUCH CHANGES ON CERTAIN ZONING MAPS IN
ACCORDANCE WITH THE SCHERTZ UDC ORDINANCE.
Mr. Greenwald moved to approve the fmal reading of an Ordinance regarding the
rezoning of3.5 acres from NS to R-l. Mr. Williams seconded the motion, which carried
with the following votes:
AYES: Councilmembers Head, Potempa, Williams and Greenwald.
NAYS: None.
#5 ORDINANCE: Consider and take action on final reading of Ordinance designating
a Three-Way Stop at Woodland Oaks Drive and Wild Cherry.
Mayor Baldwin introduced an Ordinance and read the caption as follows:
ORDINANCE NO. 00-D-22
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BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING
THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS BE
AMENDED BY REVISING SECTION 18-49, THREE-WAY STOPS; AND
PROVIDING A REPEALING CLAUSE.
Mr. Williams moved to approve the final reading of an Ordinance designating a Three-
Way Stop at Woodland Oaks Drive and Wild Cherry. Mr. Potempa seconded the motion,
which carried with the following votes:
AYES: Councilmembers Head, Potempa, Williams and Greenwald.
NAYS: None.
#6 BID AWARD: Consider and take action awarding bid for 2000 Street Repair
Project.
Mr. Simonson listed the streets involved in the project and advised Council it is
recommended the bid be awarded to Clark Construction in the amount of $47,515.
Mrs. Head moved to award the bid for the 2000 Street Repair Project to Clark
Construction in the amount of $47,515. Mr. Greenwald seconded the motion, which
. carried with the following votes:
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. AYES: Councilmembers Head, Potempa, Williams and Greenwald.
NAYS: None.
#7 BID AWARD: Consider and take action awarding bid for Emergency Notification
Software System. (Police Dept.)
Police Chief Jerry Smith advised this is an emergency notification system for use in case
of disaster. It can also be used for specific things like a missing child incident. It has a
mapping type software and will also make calls. It is an excellent tool.
Mr. Simonson noted, that after review, it is recommended the bid be awarded to Avtex,
Inc. in the amount of$21,400. Most of this will be reimbursed by FEMA.
Mr. Greenwald moved to award the bid for an Emergency Notification Software System
for the Police Department to Avtex, Inc. in the amount of $21,400. Mr. Williams
seconded the motion, which carried with the following votes:
AYES: Councilmembers Head, Potempa, Williams and Greenwald.
NAYS: None.
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#8 ORDINANCE: Consider and take action on first reading of Ordinance regarding
Food Establishment Permit Fees.
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 CODE OF ORDINANCES, CHAPTER 7 1/2 HEALTH, SECTION 14,
PERMITS REQUIRED, ETC., PARAGRAPH (e) 1, FOOD ESTABLISHMENT
FEES - SCHEDULE OF FEES, EXHIBIT 1; PROVIDING A REPEALING
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Mr. Williams moved to approve the first reading of an Ordinance regarding Food
Establishment Permit Fees. Mr. Greenwald seconded the motion, which carried with the
following votes:
AYES: Councilmembers Head, Potempa, Williams and Greenwald.
NAYS: None.
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#9 VARIANCE: Consider and take action on request from Riedel's for a variance to
the UDC.
Mr. Simonson related there have been restrictions on bandit signs since the 1980's and
the City has never allowed them on FM 78 or IH-35. Riedel's is requesting them on FM
3009 and Schertz Parkway. They came before Planning and Zoning and their request
was denied. They were told they could apply to City Council since this is not an issue
that would go before the Board of Adjustment. If Council decides to grant the variance,
they should consider designating a specific period of time.
Danny Simmons, Manager of Riedel's Furniture, commented they wondered why
builders and realtors were allowed bandit signs and they were denied. Mayor Baldwin
explained that in regard to realtors, those are actually temporary development signs. Mr.
Simmons stressed their purpose is temporary development due to the remodeling of their
business and they would appreciate Council's consideration.
Mrs. Head expressed difficulty with the concept of temporary development since Riedel's
has been in business for 51 years. She remarked that if she sees their bandit signs, then
she would think every other business is entitled to the same privilege.
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Mr. Simmons explained FM 3009 is a growing area and people in new subdivisions along
there are not familiar with them. They are asking for a time frame of 90 days until the
remodeling is done and they have their grand opening.
Mrs. Head emphasized she thought banners should be sufficient. Mr. Williams declared
it's a hard decision. You could ask how much money Riedel's has brought into the City
over the years. He was in favor of supporting Riedel's.
Mr. Greenwald inquired how many bandit signs we're talking about and Mr. Simonson
answered 12 on Schertz Parkway and 12 on FM 3009. Mayor Baldwin explained that in
regard to realtors, those are actually temporary development signs. Mrs. Head asked if
the number could be restricted and Mr. Simonson replied 12 along each highway is the
maximum.
There was a brief discussion about the number of bandit signs out every weekend. Mr.
Potempa noted if the City had better enforcement on weekends, there wouldn't be a
problem. The City has an ordinance for everything in the world, but can't enforce the
bandit sign ordinance.
Mrs. Head moved to approve the request from Riedel's for a variance to the UDC,
allowing them twelve bandit signs on the weekends on FM 3009 and twelve on Schertz
Parkway. Mr. Williams seconded the motion, and the vote was as follows:
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. AYES: Councilmembers Head and Williams.
NAYS: Councilmembers Potempa and Greenwald.
Mayor Baldwin broke the tie vote with an aye.
#10 ROAD IMPROVEMENT PROJECT: Consider and take action regarding Green
Valley Road Improvement Project.
Mr. Simonson advised the developer, Larry Aiken, wants to put together a project that
will involve the Besch property. The City's position is that the developer must provide
access to Green Valley Road. Mr. Aiken and Mr. McCrary, of Don McCrary &
Associates, are here tonight to answer questions.
Mr. Aiken indicated they wish to build a road similar to Schertz Parkway. They would
build a drainage structure and rebuild the road. Mayor Baldwin reminded Council they
saw the plans at the workshop last week. Mr. Simonson said they would like for Council
to approve the concept before the plan moves on.
Mayor Baldwin asked if the plan would help or hinder Mr. Mayle. Mr. Aiken answered
they intend to meet with him to see if they can help.
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Mr. Aiken went on to say it would be a 42' wide road with full curb and gutter. They
intend to pave 30'. Mr. Williams then verified it could be widened to 42' and Mr. Aiken
stated that's correct.
Mr. Aiken mentioned that if in the future, the City should decide to do something like a
Public Improvement Development, he would hope the homeowners in the Besch property
area would get credit for their share. There was a brief discussion about paragraphs 6 and
7 of Mr. Aiken's letter to the City regarding "special assessment" for additional
improvements or upgrades to Green Valley Road and Mr. Aiken admitted this is for the
lawyers to work out.
Mayor Baldwin asked if this development would be a gated community and if it would
have ties to Arroyo Verde and Mr. Aiken replied no to both questions. He did say,
however, it should have ties out to the new Cibolo Parkway. Mayor Baldwin questioned
ifCibolo Parkway is underway and Mr. Aiken answered yes.
Mr. Greenwald moved to approve the concept of the intent of the Green Valley Road
Improvement Project with the understanding the lawyers would work out the details of
paragraphs 6 and 7. Mr. Williams seconded the motion, which carried with the following
votes:
AYES: Councilmembers Head, Potempa, Williams and Greenwald.
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NAYS: None.
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#11 APPOINTMENTS: Consider and take action regarding appointments to Board of
Adjustment (BOA).
Mr. Potempa moved to appoint James Harris, Kathy Hill and alternate Norman Slocum
for two year terms and to move James Harden from an alternate to a regular and Peggy
Brown from a regular to an alternate for two-year terms. Mr. Greenwald seconded the
motion, which carried with the following votes:
AYES: Councilmembers Head, Potempa, Williams and Greenwald.
NAYS: None.
#12 Discuss water billing matters.
Mayor Baldwin asked if there was anyone present not getting their water bill on time and
there was not. Further discussion was not needed.
#13 CITY MANAGER'S REPORT
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. Reported, regarding the two mobile homes at HEB, they (HEB) are setting up an
Internet site for picture taking and fall promotion for public relations work and they
will be gone by October 10th.
. Noted he will have information at the workshop next week about the sirens/signals.
. Advised there was a major 12" water line break in Oak Forest.
. Mentioned he received a call from the owners of Goofy Golf, wondering if the City
is interested in purchasing the property and taking over the business there. Mayor
Baldwin requested discussion of that be included on a workshop agenda. The Mayor
also asked if the owners sold the Batter Up and Mr. Simonson said he would fmd out.
#14 ITEMSBYCOUNCIL
Mr. Potempa:
. Remarked he had fun at the MDA telethon.
Mr. Williams:
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. Commented, regarding the revised SAFES personnel budget, that all the new
positions are included, but they did slip in $5,000 in overtime and he thought Council
had agreed not to put any overtime in the budget. Mr. Simonson said that would be
discussed at the workshop next week. Mr. Williams added he would like for the
SAFES management to come back to Council mid-year if they have any problems.
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· Mentioned an article in the newspaper where it said the County is losing money on
ambulance runs. After a brief discussion, Mr. Simonson reported Commissioner Jim
Wolverton is trying to get the City the money they've requested for runs.
· Questioned what the Mayor wants to do about the request from the Guadalupe Valley
Hospital Foundation. Mayor Baldwin replied they would need a motion at the
September 19th meeting to take it off the table.
#15 ITEMSBYMAYOR
· Stated he had attended the meeting of the SAFES Board of Directors. They want to
know the future of SAFES. Nine (9) new positions have been created. The written
agreement for the 5013c organization needs to be worked out. Also, we are
committed to seven (7) other cities and something needs to be done about back-up
agreements. There is a misconception about the term "volunteer" because they are all
being paid with the exception of a volunteer from St. Hedwig. This volunteer thing
has gotten all skewed. He commended the Council for the step they took this year in
creating the new positions.
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· Advised Mr. Simonson had given him a list of bids and companies for the Executive
Search for a City Manger. His recommendation is to get hold of Johnson &
Associates and have them come to the next workshop and make a presentation. If
Council feels they n\e~d to talk to other companies, they would have to disallow the
low bidder. Council agreed.
#16 ADJOURNMENT
There being no further business to discuss, Mayor Baldwin adjourned the meeting at
8~p~ .,
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Mayor, City of Schertz, Texas
ATTEST:
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City Secretary, City of Schertz
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