ccreg 12-03-1996
Department and the volunteers have agreed
utility body. It is therefore recommended
awarded to Grande Truck Center.
to buy the
the bid be
Mr. Sawyer
chassis for
the amount
motion.
~oved to award the bid
the Fire Department to
of $31,731.95. Mr.
for the crew cab pickup
Grande Truck Center in
Swinney seconded the
Before the vote Mr. Greenwald asked if the $1731.95 is
coming out of the reserve fund and Mr. Sweatt replied no,
they have probably saved that much in the painting of the
apparatus, so he feels they can fund that amount within the
Fire Department budget. Mr. Potempa questioned if they
got any money for the old van. Mr. Sweatt replied it has
not been traded in yet.
At this time the vote was taken and the motion carried with
the following votes:
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
#3 ORDINANCE: Consider and take action
reading of ordinance rezoning approximately
property along IH-35 from General Business
Manufacturing District Light (M-l).
on final
370' of
(GB) to
Mayor Baldwin introduced an ordinance and read the caption
as follows:
ORDINANCE NO. 96-S-36
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, AMENDING THE UDC ORDINANCE NO. 96-5-28 BY
REZONING APPROXIMATELY 370' OF LAND OUT OF
GUADALUPE COUNTY AND REFLECTING SUCH CHANGES ON
CERTAIN ZONING MAPS IN ACCORDANCE WITH THE
SCHERTZ UDC ORDINANCE.
Mr. Sweatt advised this is the second and final reading of
this ordinance. He pointed out the location of the
property on the map and stated it was previously occupied
by Woody's. The new business will be retail and a
prospective tire servicing and recapping operation in the
rear. The majority of the business will be new tire sales,
primarily truck and agricultural tires, and they have
agreed to screen any storage. They are moving their
business from San Antonio.
Mr. Greenwald moved to approve the final reading of the
ordinance rezoning approximately 370' of property along
IH-35 from GB to M-l. Mr. Swinney seconded the motion,
which carried with the following votes:
-67-
regulatory requirements, relative to private airstrips, for
placing schools near them.
They met with the Planning and Zoning Commission on four
occasions. The Commission was very concerned about the
increased traffic on FM 3009. Initially the school board
was not supportive of the concept of putting a road, such
as Deer Meadow Road, on the property at school cost.
However, they were convinced by the Commission that
something needed to be done and eventually changed their
position. They have agreed with the developer of the land
to buy that property with a 24' road installed with
sidewalk and curb and a 60' easement that would be deeded
to the City.
Mr. Paschal concluded his remarks at this time and asked
for a favorable consideration of this request by the
Council.
Mayor Pro Tern Potempa asked if any of the students who live
on the Woodland Oaks/Savannah Square side of FM 3009 will
be required to walk across FM 3009. Mr. Paschal replied
they will not. FM 3009 has been deemed a hazardous
roadway, therefore the school district will bus students
across it.
Bob Pope of 104 Mesquite Circle, Cibolo mentioned his home
is 125 yards from the proposed site. He noted Mr. Paschal
pretty well covered the concerns expressed by the citizens,
but until tonight there was not one answer to any of their
objections.
One of Mr. Pope's concerns is increased traffic. He lives
at the corner of Woodland Oaks and Persimmon Drive.
Persimmon Drive is a country road with no curbs or
sidewalks. Where is the safety for walking?
Another of his concerns is pollution, both air and noise.
What will busses do to the neighborhood?
His third concern is access. He understands they're going
to build a road. Green Valley Road is very narrow and torn
up to start with. What if two school busses have to pass?
His last concern is that of a taxpayer. The magical
formula didn't include road and additional water and sewer
lines. This is not coming out of bond money, but out of
the school's sinking fund.
David Richmond of 2921 Bent Tree Drive in Schertz commented
he is not speaking against the Specific Use Permit request,
but rather suggesting that the request lacks all the
essential elements needed for approval. He distributed a
package to the Council for their perusal.
Mr. Richmond remarked this request should not have taken
-69-
James Sagebiel of 307 W. Court in Seguin indicated he is
not here to argue location. He is concerned about the
county road. He will work with all entities involved in
the roads and just asks that the County be included as
early as possible in any changes that need to be made. The
county roads will probably never be curbed and guttered,
but he will do what he can to help.
Ivona Jeiskoniak of 110 Plum Circle in Cibolo mentioned her
bedroom is 55' from the fence line which means she will be
right near the proposed road. She is very upset because
she just found out she is not getting the 30' buffer all
the way across her property. Her dream has been shattered
because she thought she would have only houses around her
and now she finds out there will be a school and a road.
She won't have any privacy or any break from the noise.
She has a child in the school district and knows they need
a new school, but she doesn't think this site is the best
place for it. She also related there are not many school
children in the area. She is one of the few with a child
in school.
Bill Paschal, trying to alleviate some of Ms. Jeiskoniak's
concern, pointed out the School Board has not changed its,
mind about support of the 30' buffer zone. He feels the
map she is looking at is conceptual.
Mr. Swinney asked Mr. Paschal to comment on the
demographics as far of the number of children who will
attend the school. Mr. Paschal, saying Mr. Rehmann has
the figures, said they are estimating 35 from Greenshire,
50 from Deer Creek, III from Dove Meadows and 127 from
Thistle Creek.
Mr. Swinney than asked what the estimated final school
enrollment will be and Mr. Paschal answered approximately
600.
Leroy Cinnamon of 1208 Spicewood in Schertz implied he had
been interested in this school site for a long time. When
the first school bond issue failed it was because of a lack
of information furnished to the public. After that
failure, a number of people were invited to participate in
community activity committees. The committee system
worked. The one thing he resented, and he mentioned it to
the school, was they packed these committees with school
employees. That's not the way to get the public's opinion.
However, it was set up so the people were given the
opportunity to ask questions. He and a number of students
went to malls on the weekends and handed out voter
registration cards to residents who were not registered.
The election had a comfortable turnout and the bond issue
passed. The people were told what to expect.
Mr. Cinnamon noted his daughter and her husband built a
home in Royal Oaks long before they knew a school would be
-71-
Drive because Green Valley Road is very bad.
Emmett Hagedorn of 334 Green Valley Loop in Cibolo asked
Brad Galo if he would agree to tie into Green Valley Loop.
Mr. Galo agreed to look into it, but couldn't make a
decision tonight.
At this time Mayor Pro Tern Potempa called for a five minute
recess.
After the recess, Yvonne Holbrook of 116 Agarita Circle in
Cibolo asked how it is in the best interest of the children
to have two intermediate schools only one mile apart.
Also, how as a taxpayer and citizen, is it going to benefit
her to pay $100,000 over the original cost of the
Greenshire site.
Mr. Paschal related this has not been a process done
overnight. There has been no hidden agenda. The school
site in Savannah Square was picked because of the number of
houses going up in the area. The school site in Greenshire
was selected for the same reason. It is not easy to get a
consensus from seven individuals.
Mr. Paschal further stated the extra $100,000 is because of
the road requirement. They didn't come to the table
wanting to build a road, but it is a requirement in order
to have an acceptable site.
Mr. Swinney added that as a member of the committee for
the bond issue, they did hire a consultant to do
demographics and show where the growth would be. The cost
of maintaining busses and furnishing bus drivers was a big
consideration. The density of population in the Greenshire
area would help keep that cost down.
Mr. McDonald was worried about the statement "It's a done
deal." He also wondered when the School Board agreed to buy
the property. Mr. Rehmann thought it was about six weeks
or two months ago that the Board gave their approval. Brad
Galo stressed there is no formal agreement yet, no
contract.
Mr. McDonald also expressed concern about the lack of
commitment regarding Dietz Road and the lack of commitment
from Mr. Branton for a road from Dietz Road to Green
Valley Road. We need a commitment from Mr. Branton and
from the City of Cibolo.
Mr. Sawyer felt there is a lack of safety because of the
proposed school being near Kardy's Airport and .he's worried
about that. He's also worried about overloading the
streets and increasing traffic. He understands the school
cannot expend school money in building of a road on land
they are subdividing. (Michael Spain clarified the School
District can build a road on property they own if it's for
-73-
#5 Consider and take action on above request from
the SCUC ISD.
Mr. McDonald moved that the request from the SCUC ISD for
a Specific Use Permit allowing them to construct an
Intermediate School in Greenshire be granted provided Mr.
Blanton commits, or someone commits, to complete the road
in conjunction with construction of the school.
The motion died for lack of a second.
Mr. Greenwald moved to approve the
ISD for a Specific Use Permit. Mr.
motion and the vote was as follows:
request from the
Swinney seconded
SCUC
the
AYES:
Councilmembers Swinney and Greenwald.
NAYS:
Councilmembers McDonald and sawyer.
Mayor
motion
denied.
Pro Tern Potempa broke the tie with a no vote and the
failed to carry. The request from the SCUC ISD was
At this time Mayor Pro Tern turned the meeting back over to
Mayor Baldwin.
#6 PUBLIC HEARING: To receive citizen comments on a
request from Veytia Partners, Ltd. for a Specific Use
Permit allowing them to construct a gated retirement
community at the corner of Schertz Parkway and Elbel Road.
Mayor Baldwin explained the procedures that would be
followed for the public hearing.
Mr. Sweatt advised this request is for an eight plus acre
tract of land located at the corner of Elbel Road and
Schertz Parkway beside the Sycamore Creek Apartments. The
property had previously been zoned for Multi-Family but is
currently zoned for Neighborhood Services.
Nine (9) letters were sent to property owners within the
required distance and two (2) were returned in favor.
Letters have been submitted speaking to the issue of the
street right-of-way of Westchester. Planning and Zoning
has recommended approval of the request.
Joe Veytia of San Antonio gave some history of the
property. It was previously rezoned for MUlti-Family
because he wanted to build apartments on it. However,
after two years of not being able to find financing for
apartments, the Planning and Zoning Commission rescinded
the rezoning and it is ,now zoned for Neighborhood Services.
Mr. Veytia stated that thanks to the assistance of Lee
Boswell he has come with an idea for a gated subdivision
for retirees. San Antonio offers retirement villages for
-75-
Mr. Sweatt informed Council that
recommended approval of the Specific
the issue of the platting because
Westchester.
Planning and Zoning
Use Permit, but tabled
of the extension of
Mr. Veytia pointed out several issues that arose. One is
the fence material. It is not covered by the current
ordinance. Another is the fact they are selling individual
lots. They were originally planning it as a condominium
development. Upon doing some research, they discovered
financial institutions think the word condominium is still
a bad word. The homeowners association will be run like a
condominium association. It will govern the maintenance of
all the exterior and common areas. The third issue is the
fact they are going to gate this community. The size does
not comply with the ordinance and that is how it came to be
a request for a Specific Use Permit.
Dean DelValle of 1045 Williamsburg likes the idea of the
retirement subdivision. The roadway extension has a lot of
points on both sides. Living in the Village, he enjoys the
fact, for security reasons, there's only one way in and one
way out. On the other hand when there are community events
which tie up Schertz Parkway, there is no other way to get
out of the subdivision. He proposes a limited access road
which would be gated except when special events dictate
that people need to exit by way of Elbel Road.
Mayor Baldwin asked Mr. Veytia if there's any way of
working out the possibility of a limited access road. Mr.
Veytia pointed out the fire emergency entrance and stated
their idea is to set it up as an emergency entrance and
emergency exit. They plan to landscape and would design it
so there is enough distance between the fence and the
landscaping for a vehicle to travel from Westchester over
to Elbel.
Mr. DelValle commented the students walk back and forth to
school through that area. When it rains that grassy area
gets real muddy and that distance would allow them to
travel safely to school. If it's closed that would keep
traffic from parking up on the grassy area of the Sycamore
Creek Apartments. Mr. Veytia admitted they are willing to
pull the fence back a few feet for pedestrian traffic, but
not for vehicular traffic except in those special
emergencies.
Karen Picard of 1413 Westchester stated
She likes the idea of one way in and one
totally against extending Westchester
thoroughfare except for emergencies.
she is
way out.
as a
retired.
She is
public
Mrs. Dunn of 1009 Williamsburg wanted to make sure there
will still be an easement where the students can walk. Mr.
Veytia confirmed he will provide a pedestrian easement.
-77-
Mr. Sweatt noted that when the ultimate drainage design is
built, there will have to be some additional design to that
ditch because it carries the water from a significant area
of the City. They have in the past used some kinds of
larva mosquito control.
Pam Jennings of 1064 Valley Forge commented she doesn't
understand why they want to build a retirement community
across from Samuel Clemens High School.
Mr. Veytia remarked there is no perfect location, but he
thinks it's a suitable site. He listed things that should
make a retirement community successful in Schertz. The
property taxes are lower, the automobile insurance is
lower, people without a car can walk from this location to
get most of their essentials, it's fairly close to Randolph
AFB, the City will receive tax money without a school
burden, and he does not see the high school as a negative
factor.
Mary Jo Blahowski of 305 Westchester asked if there will be
any kind of walkway so people won't have to go clear around
the subdivision. Mr. Veytia pointed out they don't go all
the way to Wuest's and Perry Brothers, so people can walk
across the Fire Department property if that is allowed.
Dean DeValle of 1045 Williamsburg spoke in favor of the
location for a retirement community. He noted that Clyde
Ford Village is near the railroad tracks and those resident
have to listen to trains. They probably would prefer
listening to the bands and sports activities. The
intersection would be filled in very nicely by this
retirement community and the area would be enhanced by it.
He once again suggested a limited access road versus the
extension of Westchester.
Anita Clark of 1017 Curtiss stated she has lived in the
Village for 23 years and prefers to have one way in and one
way out. They kind of have a gated community without the
gate and they like it that way. There has to be a crossing
guard at Curtiss and Schertz Parkway for the children
coming from the elementary school. If Westchester were
opened up, you would have to have the same thing there.
Mr. DeValle spoke again, pointing out that at the back
part of the Village Subdivision, the roadways which would
be extended to FM 3009 would require a bridge across the
drainage and that would cost quite a bit more than a
limited access road.
Mr. McDonald commented he would like to have some kind of
commitment for an improved walkway versus just a mud path.
Mr. Veytia mentioned they could use the same material to
be used on the interior walkways, but he's not sure yet'
what that material will be.
-79-
Mr. Potempa asked if emergency vehicles would be able to
use the emergency access. Mr. Veytia explained the gates
are breakaway gates, so if for some reason the mechanism to
use them fails, a vehicle could break through them.
Mr. Veytia then mentioned he had spoken to the Fire
Department about the material they intend to use for the
paved area. It is a strong plastic material which allows
grass to grow over it and will support a 60 to 80 ton
truck.
Mr. Veytia, referring to the pedestrian pathway, said they
would be glad to build it, but wondered if the City would
allow them to deed it over to them. Mr. Sweatt indicated
it would have to be built to City standards. Mayor Baldwin
told Mr. Veytia that's a negotiable item to be worked out
with Planning and Zoning and the City Manager.
Mr. Veytia acknowledged he understands the request for a
masonry fence. They have to go all around the subdivision
and it's approximately 2500 feet. He has noticed other
gated communities don't have masonry all around - after the
entrance they go to some other type of material such as
wood. It was pointed out to Mr. Veytia that the others
were grand fathered before the UDC ordinance went into
effect. The UDC requires a masonry fence all around.
There was a brief discussion about gated communities after
which Mayor Baldwin closed the public hearing.
#7 Consider and take action on above request from
Veytia Partners, Ltd.
Mayor Baldwin asked if the specific Use Permit request has
anything to do with a variance to the UDC. Mr. Sweatt
explained this does not meet the R-5 and R-6 description
under the UDC for a gated community. It's a multi-family
request and is allowed to be considered as a Specific Use
Permit as opposed to a gated community. Some aspects of
the UDC apply, as many as Council chooses to apply, but it
is a Specific Use Permit. Mayor Baldwin then asked who's
decision it is to determine how much of the UDC applies.
Mr. Sweatt replied it is up to City Council. If Council
makes no conditions, then Planning and Zoning will consider
the plat and variances as requested.
Mr. Sawyer moved to approve the request from Veytia
Partners, Ltd. for a Specific Use Permit allowing them to
construct a gated retirement community at the corner of
Schertz Parkway and Elbel Road. Mr. Sawyer stated in his
motion the length of the approval should last for two years
and if nothing has been started at that time, then it
reverts back to Neighborhood Services.
The motion died for lack of a second.
-81-
Archie J, Woodward
Fritz Rusch
Eugene Schoonover
Alice Austin
Betty Tyler
John E. Peterson
Mary Lou Malone
Joyce E. Andrews
1955 to 03-15-82
1956 to 03-31-85
12-01-66 to 12-28-82
02-01-73 to 02-04-96
03-14-77 to 10-04-86
03-16-82 to 12-17-93
12-16-86 to 04-25-95
08-14-86 to 06-15-96
WHEREAS, each
well-being and
and
of the employees have contributed to the
safety of the citizens of this community;
WHEREAS, the monument is designed to display, in
chronological order, those employees to be recognized and
honored by employees and citizens;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SCHERTZ, TEXAS:
THAT, the City Council of the City of Schertz supports
the establishment of December 17th each year as "Employee
Remembrance Day"; and
THAT, flags will
poles in memory of
the citizens of
professionalism.
be flown at half-staff on all City flag
all dedicated City employees who served
Schertz, Texas with pride and
Mayor Baldwin thought it was an excellent idea.
Sawyer thought the Resolution was missing the name of
Pickrell although he's not sure he was with the City
ten years. The City Secretary was asked to check into
Mr.
G.W.
for
it.
Mr. McDonald pointed out there are three people on the
list who do not have quite ten years of service. Mr.
Sawyer had no problem with g~v~ng these three people credit
for ten years because they are mighty close to it.
Mr. Swinney thought it was a wonderful gesture and he's in
favor of it, but he doesn't like listing the date of death.
Also, we're recognizing the date of death of one particular
employee.
Mr. Potempa suggested doing away with the dates and just
keeping the names.
Mr. Sawyer moved to approve the Resolution acknowledging
"Employee Remembrance Day" and that those employees with
close to ten years be recognized in the Resolution. Mr.
Greenwald seconded the motion.
Mr. Swinney asked if December 17th doesn't take away from
the other employees. He's knows that the date of the death
of John Peterson. He suggested the first day of spring as
-83-
#10 CITY MANAGER'S REPORT: A. Reported if there is no
objection from City Council, the Public Works Department
has proposed a service and Christmas item for Council's
consideration. The Police Chief, working with the Clemens
ROTC, has gotten the old 1956 fire truck shined up and will
be using it to bring Santa down for the Christmas Tree
Lighting this Thursday evening. Public Works would like to
use the fire truck and furnish a City employee, allowing
him/her to take compensatory time off, to drive around the
City's neighborhoods with carolers. Council gave a
consensus of approval for this idea.
B. Reminded Council of the Christmas Tree Lighting this
Thursday evening, December 5th. Those who donated toward
the purchase of the new Christmas Tree will be recognized
with plaques.
C. Mentioned the Annual Employee Awards Dinner and
Christmas Party is scheduled for Friday, December 6th.
Social hour starts at 6:00 p.m.
D. Announced there will be a TXDoT publiC hearing on
January 13th at Samuel Clemens High School cafeteria
regarding FM 78 right-Of-way.
E. Stated the next workshop is scheduled for Wednesday,
December Ilth and he is scheduled for a day's vacation. He
would like Council's permission to have either Steve
Simonson or Mark Marquez attend in his place, or they could
change the meeting to Tuesday the 10th. The consensus of
Council was to stay with the Wednesday night meeting.
#11 ITEMS BY COUNCIL: Mr. McDonald: A. Noted it looks
like the gate in Mr. Lancaster's gated community is too
close to Dimrock.
B. Referred to the Planning and Zoning minutes and said he
has some reservations now about approving the 121 acre
gated community up by HEB. It seems Mr. Sandi ten is
vacillating. In our meeting he specifically said he would
complete Wiederstein Road to FM 3009. According to the
minutes, Barshop is going to work with him. We need a
commitment from him and need to hold his feet to the fire.
Mr. McDonald felt he was misled when he was told all these
gated communities would comply with the UDC. Now he reads
in the minutes they didn't agree to comply with the fence'
requirements. Mr. Greenwald emphasized when they agreed
to comply with the UDC requirements, total masonry or
wrought iron was not a requirement. That was added later.
When they agreed, all the UDC said was fence. Mr.
Greenwald also pointed out Mr. Sanditen is working with
Barshop because that section is not his property.
Mr. Potemoa: Expressed his pleasure with Chief Smith for
the selection of Beverly Todd as the new Lieutenant.
-85-