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ccreg 11-05-1996 REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5, 1996 The Schertz City Council convened in Regular Session on Tuesday, November 5, 1996 at 7:00 p.m. in the Council Chambers of the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Hal Baldwin, presiding; Councilmembers Charles McDonald; Joe Potempa; Earl Sawyer; Timothy Swinney and Ken Greenwald. Staff present were City Manager Kerry Sweatt and City Secretary Norma Althouse. Mayor Hal Baldwin, asked everyone to rise and join him in the Pledge of Allegiance to the flag. At this time Mayor Baldwin introduced Nolan Edwards and Anita Clark of the Schertz Business Association who were at the meeting to help in the presentation of Employee of the Quarter awards. Mr. Sweatt announced the recipients: 1. For the quarter of October through December 1995, Charlotte Rawley of the Schertz Library. 2. For the quarter of January through March 1996, Eber Busch of the Public Works Department. 3. For the quarter July through September 1996, Barbara Glenewinkel of the Municipal Court Department. (The recipient for the quarter April through June 1996 will receive a plaque at the next regular meeting. The employee's supervisor was unable to attend this evening and asked that the award be presented at a later date.) Mr. Sweatt explained that these employees, along with receiving a plaque, are entitled to a dinner for two at any restaurant in the City and to a day off with pay at the discretion of their supervisor. #1 APPROVAL OF MINUTES: Special Session 8-28-96 Regular Session 9-03-96 Mr. Sawyer moved to approve the minutes, as written, of the Special Session 8-28-96 and the Regular Session 9-03-96. Mr. Potempa seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. -43- #2 HEARING OF RESIDENTS: speak on agenda items (other items not on the agenda, will Those citizens wishing than public hearing items) be heard at this time. to or A. Gary Boytos of 108 Victoria Point spoke regarding the GVEC power lines. Mr. BOytos stated he had been a resident of Schertz since December of 1995 in the Ashley Place subdivision. Recently, within the past three weeks, it has come to the residents attention that GVEC is constructing new power lines. When he first moved in, he received a letter from GVEC informing him of the proposed areas the lines would run through. He had never heard anything about a meeting and came to find out the meeting had taken place several months prior to his receiving the letter. Mr. Boytos said his concerns are (a) being a resident of Schertz, he feels he should have had the right to say something about those power lines considering they're within 300' of his house, (2) he would never have purchased his home where he did if he had known the power lines were going up there, (he has an infant and is worried about the effects of the power lines) and (3) wondered why the potential homeowners were not allowed to vote on the issue. Mayor Baldwin noted there are four other people signed up to speak on the same subject. Does Council want to go ahead and let them speak and then comment on the issue? Council decided that was the best idea. B. Darren Elisar of 3208 Freeport Drive echoed the sentiments of Mr. Boytos. The power lines going up in their area has caused some deep safety concerns. They would like to know who granted the easement, when was it granted, is there paperwork to back it up, and where are the court documents. C. Aihn Godwin of 3212 Freeport Drive stated he and his wife have a two year old and a four year old child and are very concerned. They moved to Schertz from Converse because they wanted to be here. They wanted the convenience of a city without it being too big. They fell in love with the Ashley Place area. He was impressed with the schools and with the City parks. His concerns are the same as the previous two speakers. He was never informed, either through the realtor, or through any form of public communication, that the power lines were going up. He feels there was some responsibility on the part of the City, or on the part of GVEC, or on the part of the realtor to have informed him this was going to happen. The easement was granted in May of 1995. He contracted with RAYCO in July of 1995. He was the first owner to be selected through their lottery system. Had he known the power lines were going up, he would have selected a different lot. His other concern is about property values. He asked Council to provide him with the information -44- proposed considering property value loss and health risks proposed by GVEC or LCRA. assistance would be appreciated. any potential Any other D. Shelley DeLosSantos of 3201 Freeport Drive indicated the main concern all the residents have is that in May of 1995 the easement was granted to the City. When she selected her home in December of 1995, the easement wasn't anywhere on the plot plan and still isn't. They asked what was going in back there and were told nothing was going in, it is a floodplain. They were lied to. E. Edward Vestal of 111 New Rock Creek admitted citizens do have the responsibility to look into an area when they are buying a home for easements and other obstructions that will be there. There is a system of County records which are kept in the courthouse showing easements. The residents of Ashley Place did look at the plot plan of the subdivision and the power line easement was not on the plan. When you look at the records at the courthouse, however, you will see that the power line easement was granted by RAYCO in May of 1995 and the plot plan was recorded in August of 1995. In addition to RAYCO's statement about nothing going into the easement where the power lines are, some people were told the area would have either a park or a pool. Obviously it's not a good place for either. They have tried talking with RAYCO, but so far without results. Mr. Sweatt advised the platting of Ashley Place began in early 1994. The plat was approved by the City in Mayor June of 1994. The plat is normally held by the City and not filed with the County until all the construction is completed and accepted. The City Council held a public hearing in July of 1995, not on the power lines specifically, but on the placement of a substation in the Live Oak Hills subdivision. At that time GVEC discussed three different routes for getting from that proposed substation over to the existing one by the school facilities. One of those followed the floodplain route which is at the back of Ashley Place and comes across Schertz Parkway at the Live Oak Road location and extends up the drainage area and cuts across. A couple of other locations included coming down Schertz Parkway and other variations of that. GVEC said they had to submit those three locations to the PUC for approval, but they felt the most satisfactory one would be in the floodplain. Sometime subsequent to that, RAYCO conveyed an easement to GVEC to place the power lines in the areas known as the common areas which are in the floodplain. This is shown on the plat filed with the City in 1994 as flOOdplain and common areas to provide part of the subdividers requirements to meet open space and greenbelt. The plat was held by the City awaiting completion of -45- construction and was filed in August of 1995. Mr. Sweatt did not know why any information or notice to the property owners was not provided by RAYCO. The plat, itself, was in the City's hands prior to the time the easement was conveyed from RAYCO to GVEC. The easement should appear in the deed of records as being conveyed. Mr. Sweatt went on to say that testimony given at the public hearing on the proposed substation, as well as for the line connecting the two substations, was essentially that GVEC wanted to provide a double feed of power to the community. The bulk of the residential area of Schertz served by GVEC has always been served by a single feed. Problems have been encountered as the result of ice storms and accidents which took out the power line. It has been the strong wish of the City and its planning agencies to secure a second feed of electricity. Mr. Sweatt noted most of the poles are in place and are 30' to 60' tall. Ms. DeLosSantos maintained they are 9l' tall. In some cases where the lines are said to be on an angle, there are two bases to provide a brace to the line. Mr. Sweatt said he had been assured by the GVEC General Manager that at least for the foreseeable future, only one circuit will be built on the lines. Mr. Greenwald observed if the City granted RAYCO some park fee consideration because of the parkland and they turned around and conveyed it to GVEC, then perhaps RAYCO owes the City some parkland. Mr. Sweatt understood it was not parkland. It was open space which met a certain portion of their open space requirement. The surface rights were not conveyed, just the easement. Mr. Vestal commented the area they are talking about is called a common area in their deeds, and in their by-laws it says it is for the use and pleasure of the residents of the homeowners association. Obviously, that's been impacted and that's the issue. Mr. Greenwald told Mr. Vestal the homeowners association has to enforce the deed restrictions, but he's concerned that the City gave RAYCO consideration and alleviated some of their park fee requirements because of conveying that land to the homeowners and then they turned around and sold it to GVEC. He feels, technically, that RAYCO owes the City some money. It needs to be researched. Mr. Potempa, referring to a comment made earlier, asked if he understands these poles are 95' tall. Ms. DeLosSantos indicated they are 9l' feet tall. They will tower over the tree lines by approximately 40'. Mr. Potempa then asked how tall the CPS poles are. Surely they're shorter than 91'. Mayor Baldwin asked who told Ms. DeLosSantos they were 91' tall and she replied GVEC. -46- Mayor Baldwin, saying short of the developer being honest with the homeowners, the power line is absolutely in the only place they could put it. It's follows a natural drainage ditch, it's in the floodplain and it's not an obstruction to development in the city. It's absolutely regrettable that all the families with young children did not have a choice. When GVEC first came to the City about these lines, Ashley Place was still a cow pasture. Mr. Greenwald pointed out the PUC ultimately made the decision about the route of the power lines. Mr. Swinney added they asked GVEC to consider installing them underground, but it was not cost effective. It would have put the utility rates through the roof for the GVEC customers. Mr. Boytos stressed they are not here to attack the Council. He is concerned because nobody is going to buy his house when they see the power lines. He is also concerned they didn't have a choice. He wants to live in Schertz, but doesn't know if he can live with the power lines. Their biggest issue is with the builder, but they need help. They have talked with lawyers. They're trying to do what's right for them as homeowners. Mayor Baldwin indicated the City's hands are pretty tied at this point. GVEC hasn't done anything wrong. held public hearings, they published notices, negotiated with property owners and they paid for easements. much They they the Some of the property owners wanted to know what GVEC for the easements and wondered where they could find Mr. Sweatt thought probably the General Manager at would tell them. Mr. Sawyer suggested finding out information and also checking into the legality of selling the land. paid out. GVEC that RAYCO Mr. Sweatt added if it would be of any help, they could certainly set up a meeting between the City, RAYCO, GVEC and the homeowners in Ashley Place. Mr. McDonald remarked he has always found that individuals have more power than City Council. Council can offer moral support. Mr. Potempa commented he is still concerned about the height of the poles and there was brief discussion on that. Mr. Boytos listening to they will get thanked the Council for their time and for them. They are very appreciative and perhaps some results from RAYCO. #3 MAYOR PRO TEM Mr. Sweatt advised, as is the policy of the City Council, the Mayor Pro Tem is appointed on a six-month rotational basis by Place number. Mr. McDonald, Place #l, has served -47- since last May and it is now time to appoint Mr. Potempa, Place #2. The consensus of Council was that Mr. Potempa be appointed Mayor Pro Tem for the next six months. #4 SWEARING IN OF MAYOR PRO TEM City Secretary, Norma Althouse, swore in Mr. Potempa as Mayor Pro Tem. #5 RESERVE POLICE OFFICERS: Consider and take action regarding appointment of Reserve Police Officers. Mr. Sweatt related they have two candidates recommended by Chief Smith to be appointed to the Reserve Police force. Council should be reminded the reserve forces have served the City very well. Quite a number of full-time policemen have corne from those ranks. Chief Smith introduced Alfonso Anderson and Harold Ristow. He stated they both had an extensive written exam, an oral interview, and a fitness test. They both did very well and he's sure they will be an asset to the Reserve Police force. Mr. Potempa moved to appoint Alfonso Anderson and Harold Ristow as Reserve Police Officers. Mr. Sawyer seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. Mayor Baldwin congratulated both men on their appointments. #6 SCHERTZ DEVELOPMENT FOUNDATION: Consider and take action regarding appointment of members to Schertz Development Foundation. Mr. Sweatt stated Reverend Don Jeffreys of the Schertz First Baptist Church and Mr. Ed Harris, owner of Fibre Art, a new business in Schertz have both indicated their willingness to serve. The Schertz Development Foundation has recommended approval of their appointments. Mr. McDonald moved to appoint the Reverend Don Jeffreys and Mr. Ed Harris to the Schertz Development Foundation. Mr. Swinney seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. -48- #6a HOUSING AUTHORITY COMMISSIONERS: take action regarding appointment of Commissioners. Consider and Housing Authority Mr. Sweatt noted two individuals have been recommended for appointment to the Schertz Housing Authority. Mr. Regis Lynch has expressed a willingness to be reappointed. Mr. Charles Salling was elected by the current residents to be their resident Commissioner according to HB 2805. Mr. Salling would serve for two years, but would not be eligible to continue serving. The Mayor has been invited to the January l3, 1997 meeting of the Housing Authority to administer the oath of office to these two gentlemen. Mr. Greenwald moved to appoint Regis Lynch Salling as Housing Authority Commissioners. seconded the motion, which carried with votes: and Mr. the Charles Potempa following AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. Mr. Greenwald mentioned that Housing Authority Commissioner should recognize him for his suggested presenting him with a the year. Council agreed. Bud Cyr was a long-time and he thinks the City services. Mayor Baldwin plaque after the first of #7 PUBLIC HEARING: To receive citizen comments request from Backyard Adventures for a Specific Use allowing them to place an outdoor sales site and an on Lot B-2 fronting on IH-35 and Irola Drive Neighborhood Services zoned area. on a Permit office in a Mayor Baldwin explained the procedures to be followed for the public hearing. Mr. Sweatt stated the caption of the item pretty much describes the request. Planning and Zoning recommended a public hearing be held. Backyard Adventures is a manufacturer of redwood/cedar playsets. They already have a location on I-lO near Cibolo and would like to establish a business in Schertz. Seventeen letters were sent to property owners within the required distance and two were returned in favor of the Specific Use Permit. Janet Sammann is here this evening to make a presentation. Ms. Sammann told Council she is going to establish a retail store for the playground equipment and will have. indoor sales of other toys and accessories. She has done some work with school districts in providing accessories they need for repair of their playground equipment. -49- There will be an office on the site, but construction there. It is not a factory. is in Amarillo. there will be no The main factory Mayor Baldwin asked if there will be displays at the and Ms. Sammann replied she will have anywhere from to ten displays at one time at the location. She will have a small warehouse there for inventory. Her warehouse is at her home. site five also main Mr. Greenwald remarked the business is a welcome addition to Schertz. There being no further comments, Mayor Baldwin closed the public hearing. #8 Consider and take action on above request for Specific Use Permit. Mr. Potempa moved to approve the request from Backyard Adventures for a Specific Use Permit allowing them to place an outdoor sales site and an office on Lot B-2 fronting on IH-35 and Irola Drive. Mr. Swinney seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. #9 STUDY: Consider groundwater supply study. and take action regarding Mr. Sweatt reminded Council they have, for quite some time, discussed the need for alternate water supplies to not only supplement current supplies from the Edwards, but perhaps remove our total reliance on the Edwards Aquifer. In order to face the growth and needs of the community, they must plan ahead. In order to plan ahead, they must recognize that alternate water supplies are going to be necessary. Regardless of the outcome of the current. lawsuit, they know there will be restrictions. They have held discussions with the engineering firm of Hennings, Durham and Richardson out of Austin regarding a groundwater study proposal consisting of two parts. They asked Mr. Crockett Camp, an attorney in Austin familiar with water issues, to assist with the development of information for acquiring water rites if that is the recommended step. In Council's packet is a proposed study consisting of a series of tasks in Phase 1 and a series of tasks in Phase 2. These tasks will culminate in a report on the findings for an alternate water supply. Mr. Camp and the representatives from the engineering firm are here tonight -50- to answer any further questions proposed to be funded with Recovery account. from Council. $42,000 from The study is the Capital Mr. McDonald moved to approve the groundwater study. Mr. potempa seconded the motion, which with the following votes: AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. supply carried NAYS: None. Mayor Baldwin said they were looking forward to the report and asked if there are any reasons why there would be a cost overrun on this project. Mr. Sweatt explained there will not be any cost overrun and they will reevaluate at the end of Phase 1. #lO ORDINANCE: Consider and take reading of ordinance providing emergency for restricted entry developments. action on final access regulations Mayor Baldwin introduced and ordinance and read the caption as follows: ORDINANCE NO. 96-M-33 REGULATING THE USE OF RESTRICTED ENTRY ACCESS SYSTEMS IN GATED RESIDENTIAL DEVEWPMENTS; AND PROVIDING FOR CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS THEREOF IN AN AMOUNT NOT TO EXCEED $500.00. Mr. Greenwald moved to approve the final reading of an ordinance providing emergency access regulations for restricted entry developments. Mr. Swinney seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. Hl reading Schertz ORDINANCE: Consider and of an ordinance regarding Parkway. take action on final traffic control issues on Mayor Baldwin introduced an ordinance and read the caption as follows: ORDINANCE No. 96-D-34 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS, BE AMENDED BY REVISING -51- SECTION 18-33, ALL-WAY STOPS, AND SECTION 18-76, MAXIMUM LIMITS ON SPECIFIC STREETS, AND PROVIDING A REPEALING CLAUSE. Mr. Sawyer moved to approve the final reading ordinance regarding traffic control issues on Parkway. Mr. McDonald seconded the motion, which with the following votes: of an Schertz carried AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. #ll ORDINANCE: Consider and reading of ordinance regarding Department fees. take action changes to on final Inspection Mayor Baldwin introduced an ordinance and read the caption. as follows: ORDINANCE NO. 96-C-35 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS, BE AJ...."."~..~ BY REVISING SECTION 5-16, AMENDMENTS, APPENDIX BIOI, PERMIT FEES AND APPENDIX B105, PLAN CHECKING FEE; AND PROVIDING A REPEALING CLAUSE. Mr. Potempa moved to approve the final reading of an ordinance regarding changes to Inspection Department fees. Mr. Sawyer seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. #l3 AUCTION: Consider and take action authorizing surplus property auction on November 23, 1996. Mr. Sweatt related they have a number of older vehicles, bicycles and other items in surplus property they would like to dispose of at a public auction. The auction will take place at the Public Works center and will be scheduled for Saturday, November 23rd. Mr. Potempa asked what time and Mr. Sweatt replied it will start at 9:00 a.m. . Mr. Swinney asked if this is conducted under State regulations. Mr. Sweatt answered they can dispose of their property any number of ways. They can take sealed bids, hold an auction, or trade the property in. They feel this is the best way to get the most money for the surplus items. -52- Mayor Sweatt Baldwin replied asked if they have an auctioneer and Mr. they have a contract with Tex Farnsworth. Mr. McDonald moved to surplus property on seconded the motion, votes: authorize an auction November 23, 1996. which carried with for the sale of Mr. Potempa the following AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. #l4 CITY MANAGER'S REPORT: A. Announced there is a conflict with the November l3th workshop meeting. We will be at the TML conference in Corpus Christi. He recommends that meeting be skipped and they go directly to the regular meeting on November 19th. They will provide Council with a packet this Friday, even though there's no workshop meeting, if they so desire. Council was in favor of receiving a packet this Friday and the consensus was to cancel the workshop meeting scheduled for November 13th. B. Told resolution are asking up before all cities Council they have before them a copy submitted by the City of Humble, Texas. the City to consider supporting it when it the TML. It asks the State legislature to the same size ETJ's. of a They comes give C. Noted next Monday is Veteran's Day and the City, except for emergency services, will be closed. #15 ITEMS BY COUNCIL: Mr.Potemoa: Mentioned Saturday is the Senior Citizens Bazaar and asked what they will be judging. Mr. Sawyer answered between and 9:30 a.m. this time 9:00 Mr. Sawver: A. Commented he had a suggestion from a resident about where Elbel and Borgfeld corne together at FM 3009. The person wanted to know why we can't make two lanes for traffic - a left turn only lane and a straight through lane. It seems that coming from the Borgfeld side, the light is not tripping. That needs to be checked into. Mr. Sweatt said Chief Smith has contacted TXDoT about it. B. Related Mr. Richburg asked him to take a look at the streets in Deer Haven. It might a good idea to put those streets on the next election as a bond issue. C. Asked the status of the light at the Sweatt answered they are checking on it. appears to be an electric eye problem. pavilion. Right now Mr. it D. Stated the Commander of the VFW asked him to pass on the information that the school is having some kind of a program on Friday morning that has to do with veterans. -53- Some of the students have no access to military people, so she would like for the Councilmembers to call one of the students and let them ask you questions. Mayor Baldwin thought that had been cancelled, but he wasn't sure. Mr. Sawyer told the Councilmembers thy can expect to receive a call from Mary Marsh asking them to do this. Mr. Swinney thought it sounded like a good idea. Mr. Swinnev: Inquired review of the Northeast next three or four weeks. if they could consider putting a Partnership on the agenda in the Mayor Baldwin replied yes. Mr. Greenwald: Indicated he has a letter form Ernie Evans of Planning and Zoning and wondered if they want that at the next workshop. The letter lists all the things covered at the joint meeting and asks for Council's direction. Mayor Baldwin said the next workshop won't be until the 27th, so that will be okay. Mr. Potempa asked if there's an itinerary for the TML Conference. Mr. Sweatt told him there will be a schedule and a letter in the packet this Friday. #16 ITEMS BY MAYOR: A. Reported he attended a Lone Oak Homeowners Association meeting the other night and they wanted him to speak on the importance of homeowners associations. He tried to enlighten them about his feelings on the subject. They gave him a list of things they would like someone to look into. One thing on the list was a traffic study of the entrance to Lone Oak. There's some concern about four lanes of traffic converging right at that entrance. They also wondered if some signs could be put up saying the center lane of FM 78 is not for passing. Also on the list was a question about whether the City has a disaster preparedness plan for traffic control out of Lone Oak in case of a train wreck. He told them he would ask about it. Mr. Sweatt indicated Bubbling Springs Road is a designated way to get traffic out in a disaster. B. Stated he has a request for support of a resolution presented to the Northeast Partnership Committee by the Mayor of Universal City regarding unification of governments located in Bexar County and their opposition to it. Do we want this on our agenda to show good faith in Jo~n~ng Universal City in this support? The consensus of Council was no. #17 ADJOURNMENT: On a motion by Mr. seconded by Mr. Swinney and unanimously meeting was adjourned at 8:26 p.m. Potempa carried, and the -54- ATTEST: ~~ City Secretary, City of Schertz QJe ~tJ. Mayor, City of Schertz, Texas -55-