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.
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#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
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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
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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.
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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
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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.
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#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.
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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
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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
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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.
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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.
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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
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ATTEST:
~~
City Secretary, City of Schertz
QJe ~tJ.
Mayor, City of Schertz, Texas
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