ccswks 12-11-1996
SPECIAL WORKSHOP SESSION OF THE CITY COUNCIL
December 11, 1996
The Schertz City Council convened in Special Workshop
Session on Wednesday, December 11, 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; Charles McDonald;
Joe Potempa; Earl Sawyer, Timothy Swinney and Ken
Greenwald. Staff present were Assistant City Manager Steve
Simonson and City Secretary Norma Althouse.
#1 HEARING OF RESIDENTS: James Harris of FM 1518 and
Schaefer Road had signed up to speak about the Restoration
Advisory Board. Mr. Harris stating he had attended a
meeting last night, said they have replaced three (3) of
the sixty-four (64) existing groundwater monitoring wells
and repaired some others to bring them up to snuff. They
are going to put five (5) marking wells along FM 1518
outside the base on the highway right-of-way and hope to
get approval within the next month to start drilling.
Also, they are about ready to close out one of the soil
contamination sites. The next meeting will be in March.
#2 Discuss appeal of Sign Ordinance permit by Schertz
Bank & Trust.
Mr. Simonson explained the bank is requesting a variance
in the sign height from 50' up to 70' and is also
requesting a variance allowing them to have 100 extra
square feet per face side of the sign. Their property line
is not at the curb of the access road, it is about 20'
back. Mr. Melvin Golla and Mr. Roy Richard were at the
meeting to represent the bank.
Mr. Richard passed around a drawing for the Council to
see. He mentioned that to get over the trees in the area,
they will need a taller sign. Mr. Golla pointed out there
are a cluster of trees on the John property which are
approximately 45' high.
Mr. Richard also mentioned that one of the things they
hope to do with the sign, along with advertising their own
business, is to put a message board below it to advertise
community events and any City public service announcements.
Mr. Richard believed there have been other variances
granted on signs along IH-35. He thought the Texaco sign
was one of those given a variance. Mr. McDonald asked how
tall the Texaco sign is and was told by Mr. Simonson it is
70' high. Mr. Potempa asked about the McDonald's sign and
Mr. Simonson informed him it is also 70' high. Mr.
Simonson commented, if memory serves him correctly, the
Diamond Shamrock and Arby's signs are also higher than 50'.
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Mr. Swinney asked if the sign will be electric and Mr.
Richard answered yes it will. Mr. sawyer commented he
doesn't see anything wrong with this proposed sign on the
corner of Schertz Parkway and the IH-35 access road. That
is one of the entrances to the City and any business needs
to advertise.
Mr.
Mr.
but
Swinney liked the idea of preserving the Oak
Golla remarked they tried to save all of the
did lose one.
trees.
trees,
After being asked by Mayor Baldwin, Council
were ready for this item to be included on
night's agenda.
agreed they
next Tuesday
#3 Discuss awarding bid for materials only for Lower
Seguin Road water line.
Mr. Simonson stated the City received three (3) bids and
they have been reviewed by Ford Engineering and by the
Public Works Department. Based on the information provided
and the prices quoted, the City recommends that the
Municipal Pipe and Fabricating Company be awarded the bid
in the amount of $52,423.51. This project consists of 9370
linear feet of 8" water line that will be transversing
westward from FM 1518 down Lower Seguin Road to Woman
Hollering Creek and also a 6" line down Aranda Boulevard.
It's just an ongoing correction of the old Schaefer Water
System.
Council indicated their readiness for this item to be
included on next Tuesday night's agenda.
#4 Discuss requirement for fence around detention
pond in Woodland Oaks.
Mr. Simonson reminded Council they have, in their packets,
,
a letter from Mr. Sweatt which has attached to it a sketch
of the location and a detailed plat of the detention pond.
The reason the distances are greater than when it was first
considered are because you have to fence across the Maske
Road entrance, and also across the drainage channel, that
does not go through this pond, over to the fence line on
land that Woodland Oaks does not own and then make a
decision on what else you want to fence. It was also
discussed taking the existing fence on Tiny Elm into
Dimrock and extending it around the rest of the cul-de-sac
and taking it out to the ditch.
Mr. McDonald asked if the figure given contains just the
cost of the cul-de-sac and Mr. Simonson replied no it
contains all the cost. Mr. McDonald commented that at the
end of Dimrock, Pulte fenced half of the cul-de-sac, but
didn't go on around because they didn't think it was a
risk.
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Mayor
labor
given
Baldwin and Mr. Potempa inquired if
will be used and Mr. Simonson replied
is a quote for installing the fence.
force account
no, the figure
Mr. McDonald observed there are lots of children at the
end of Dirnrock and even though we haven't seen water yet,
that pond will eventually fill up. With the suction force
of the drain on the bottom of the pond, it causes him and
others a lot of concern for the safety of the children.
Schertz may find themselves liable for lives that get
caught in floodwaters because the pond isn't adequately
protected.
Mr. Swinney asked if the intention of the pond is
the drainage coming down from Woodland Oaks
McDonald replied yes, but he didn't think
anticipated it being that deep.
to catch
and Mr.
anyone
Mr. Swinney asked if a chain link fence would be cheaper.
Mr. McDonald replied they have a chain line fence now, but
it needs to go all the way around the cul-de-sac rather
than just half way around. Councilmembers Sawyer and
Potempa agreed it is something that needs to be done.
Mr. Swinney asked if this is the kind of labor that could
be done by community service and was told probably not - it
requires more specialized labor.
Mayor Baldwin questioned if Council is supposed to be
deciding if they want to go ahead and fence all the way
around the pond. Mr. McDonald answered that is his
understanding. It has been discussed that perhaps the
Dimrock side should be done now and when construction is
further along, the other side be done. People are already
starting to use the Maske side as a dump. Mr. Greenwald
suggested going ahead and finishing it now. The other
Councilmembers agreed.
Mr. Sawyer asked if the City has to go out for bids and
was told by Mr. Simonson the estimated amount should be
under $5,000 so bids won't be required. Mr. Sawyer then
asked if they have an estimate for the entire project and
Mr. Simonson replied they have an estimate of
approximately $3300. After further discussion, Council
gave their consensus to go ahead with the project and
finish fencing around the pond.
#5 Discuss revision to traffic control ordinance
regarding stop signs at Ashley Park and Wayward Pass.
Mr. Simonson explained that when a plat is approved, it is
passed onto the Police Department for input regarding
placement of traffic control signs. The original review of
Ashley Place Units 2 and 3 produced recommendations for an
all way stop designation at the intersection of Ashley Park
and Wayward Pass. After further review and many
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complaints, it is felt it is appropriate, at this time, to
remove the stop designation for Ashley Park and leave the
stop designation for Wayward Pass only.
Council agreed and said they were ready for this item to be
included on next Tuesday night's agenda.
#6 CITY MANAGERS'S REPORT: A. Mr. Simonson reported
that the Fire Department has gone out for bids on a rescue
tool and even though they don't have the figures tonight,
Mr. Sweatt would like to have the awarding of the bid on
next Tuesday night's agenda if Council has no objections.
Council did not object.
B.
next
the
next
Stated the judges are out tonight (and will be out the
couple of nights) assessing the Christmas lights and
winners will be presented their awards at the meeting
Tuesday night.
#7 ITEMS BY COUNCIL: Mr. Greenwald: A. Mentioned
he had asked Planning and Zoning if they had a problem in
changing their meetings to Wednesday night and several did
have a problem. He informed them it will remain status quo
for now, he was just inquiring. Mr. Swinney thanked him
for asking Planning and Zoning.
B. Declared Planning and Zoning had numerous presentations
last night, one of which was the Schertz Bank & Trust. Mr.
Swinney asked the reason why the variance to the sign had
been denied by Planning and Zoning. Mr. Greenwald replied
the presentation given did not contain sufficient
information as to why they needed the variance.
C. Related Mr. Veytia was in last night with his
grandiose plan. Mayor Baldwin asked if Mr. Veytia is
pressing on with his project and Mr. Greenwald replied yes
he is. The Mayor then asked if he agreed to go with the
masonry or wrought iron fence and Mr. Greenwald answered
he doesn't have a choice. Mr. Sawyer asked if Mr. Veytia
got this far on his previous project and was told by Mr.
Greenwald he has gotten a little farther on this one.
~r. McDonald: A. Inquired what the hamburger stand is
doing parked out on FM 1518. Mr. Simonson replied it is
being stored temporarily and they will move it by the 15th
of January.
B. Commented someone has moved manufactured homes in on
the Cibolo Creek side where the stables are located. He
questions the septic tank hOOk-ups. Mr. Simonson assured
him the inspectors will double check on the situation.
C. Noted Mr. Ollie Burkett had called him regarding the
procedures to reopen the issue of the school over in
Greenshire. If he understands it correctly, it will take a
motion by Council to rescind their action and the approval
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of the motion by three Councilmembers. Mr. Swinney said
you have to make a motion to discuss it at the next
meeting. Nothing has to be done tonight. Mr. Sawyer
agreed that according to Roberts Rules you have to make a
motion to rescind and then have three people agree to
rescind, and then you can discuss it again. Once that is
accomplished, then it can be discussed again. Of course
they would want another public hearing. If they don't have
another public hearing, it could be considered that they
are being sneaky about it. Mr. Swinney mentioned you
don't necessarily have to have a public hearing, you just
need to announce it will be discussed again, but the others
felt there should be a second public hearing.
Mr. Simonson, saying if it is Council's wish, what they
would do tonight is recommend it be on the next agenda to
consider rescinding their previous action. That would be
one agenda item and the second agenda item would be to set
a public hearing date.
There was a brief discussion on whether or not any new
information is available and if not, whether the subject
should be revisited. Mr. Burkett was at the meeting and
asked permission to share a couple of things with Council.
Mr. Burkett stated he wasn't here to debate Council's
decision. The School Board is almost at the 12th hour for
getting a school built. Somewhere in that same area is
probably the best place for a new school. The possibility
of Mr. Blanton getting a road in by the time the school is
built is not very likely.
Mr. Burkett emphasized he is not here speaking for the
Board. He is just trying to articulate the position they
are in. The Board may decide they want to go someplace
else. Is there something lacking they need to do as a
School Board to find a better relationship or communication
with the City? He would like to see the School Board and
the City as a team working together. Mr. Swinney
expressed the opinion he would sure like to see that team
work. It's a win win situation for everyone.
Mr. McDonald related that one of the things that disturbed
him was he doesn't think everybody was honest with them.
The school maintained they were building in Greenshire so
the children could walk to school, but there's nothing for
them to walk on. How can we be concerned about their
safety if we don't give them anything to walk on?
Mr. Burkett stated there is a good possibility of an
alternative by finishing the residential street up to the
drainage ditch and then there is a sidewalk at Woodland
Oaks Drive. Mr. McDonald felt Mr. Blanton should build
Oak Meadow Road. Mr. McDonald also mentioned the
controversy over the Ag Farm property.
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Mr. Burkett reported his interest was in putting the
school on the Ag Farm property because the school owns it
and he's a conservative. However, in going to several
businesses in the area, he found they were very concerned
about busses crossing FM 3009. They suggested selling the
Ag Farm property and using the money to go where progress
is.
Mr. McDonald commented he has no problem with that, but he
just didn't like the answers they got at the public
hearing. Mr. Burkett defended Mr. Paschal as a man of
integrity and felt he was simply not aware of this
particular situation and would not deliberately try to lie
to Council.
Mr. Swinney remarked if Council has fundamental questions
that need facts, he doesn't think this is the avenue by
which they want to punish the lack of communication. If
the Council wants to get answers, and the School Board
steps up to the plate with those answers, then there's
progress to be made.
Mr. Burkett expressed regret that this awkwardness between
the two entities has come about and wishes there were
something that could be done to smooth it over.
Mr. Sawyer didn't think Council got a very good answer to
the question about when the School Board took out the
option to buy the property in Greenshire. Mr. Burkett
related that has been a very difficult action to make
happen. An original offer was made, but didn't work out.
Then there were problems with Planning and Zoning that
bogged them down.
Mr. Burkett then commented he doesn't know how the City
can force developers to do things they don't want to do,
such as building the road. It leaves the taxpayers and the
children to suffer. Is it workable to Council if the
school can find an alternate route for the busses to use
and a means for the children to walk? If they have to find
another site, there's a lot of lost time and a lot of money
involved.
Mr. Potempa mentioned they were informed there were five
sites chosen, so he doesn't see where any additional money
would come in to find another site. Mr. Swinney advised
some of the sites do not have water and sewer, so they're
talking about the preparation of those sites.
Mr. Greenwald admitted Planning and Zoning
Greenshire was the best location, but the problem
can't use Woodland Oaks Drive as a thoroughfare for
agreed
is you
busses.
Mr.
can't
school
Burkett again asked the question that if
get the developer to build the road, how
get him to build it. Mr. McDonald
the
can
told
City
the'
Mr.
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Burkett that road is in the City of Cibolo, not Schertz.
Mr. Burkett asked why they can't, temporarily, take busses
up Woodland Oaks Drive. Mr. McDonald replied because of
the congestion of traffic and the fact there is no stop
light at Woodland Oaks Drive and FM 3009.
Mr. Swinney made the following comments regarding the
school site situation:
(a) Mayor Baldwin has been neutral through all of it;
(b) the School Board is comprised of highly intelligent and
qualified people and we should trust their judgment;
(c) if the
hearing, he
because they
school signed any paperwork before the public
hopes Council doesn't punish the entire City
think someone is arrogant;
(d) a lot of these other
talking time and money -
don't have neighborhood
citizens wanted; and,
sites are undeveloped
if we don't have this
schools and that's
and we're
site, we
what the
(e) a public hearing can get emotional and he hopes Council
can keep an open mind.
Mr. Potempa, referring to the Site Selection Committee,
asked who served on it. Mr. Burkett replied people like
Jan Waddy, Herb Rehmann, Janice Gangawar, one of the Board
members, a Principal and some residents. Mr. Potempa
asked if anyone from the City served and was told no.
Mr. Swinney stated that Mr. McDonald's motion in a
perfect world would end up with a second, because, in
spirit, he agreed to that. If the road is a stumbling
block, then let's get creative and think of something else
we can do. Mr. McDonald didn't know of anything else -
possibly a sidewalk.
Mayor Baldwin pointed out that for twenty some years Dobie
has not been a neighborhood school, but with subdivisions
building up around it, it will now be a neighborhood
school.
Mr. Sawyer stressed that the road will always be a bone of
contention and we don't have any control over it because
it's in Cibolo. If we did have control, we might be able
to come up with some way to solve the problem. He
suggested to Mr. Burkett that he talk with Cibolo.
Mr. Swinney asked the Council for a consensus to consider
rescision of the previous vote. Everyone but Mr. Sawyer
gave their consensus, but felt the School Board should come
prepared with all their information and there should be
another public hearing.
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Mr. Potempa suggested to Mr. Burkett that when they have
another committee, they put some citizens on it.
Mr. Sawyer: A. Reported he got a call from a citi~en
complaining about the City's fire rescue vehicle not having
it's lights on in the heavy fog. The last three digits on
the license plate were 071.
B.
The
the
Mentioned not receiving the minutes
City Secretary explained there had
computers.
in a timely manner.
been a problem with
Mr. PotemDa: A. Related his grandson was impressed with
the Tree Lighting Ceremony.
B. Commented the City is looking great.
Mr. Swinney: A. Thanked Council for their consideration
on rescinding the previous vote on the school site.
B. Expressed appreciation for the good time he and his
wife had at the Christmas party last week.
C. Stated he has coupons for four (4) free breakfasts at
Denny's. How about this Saturday at 8:00 a.m.?
Mr. Swinney interjected a comment about Schertz not being
on the Police Blotter because of the holidays, but other
cities were on it. Rachel Drady from the Herald explained
the City's computer system was recently updated and also
there was a shortage of help because of illness and a loss
of days for input because of the holidays. Chief Smith has
promised it will get better.
#8 ITEMS BY MAYOR: A. Announced the ribbon cutting
for the seguin State Bank will be Monday at 11:30 a.m. The
Grand Opening is Sunday.
B. Declared the Randolph Brooks Federal
have their groundbreaking ceremony at
December 31st.
Credit Union will
9:00 a.m. on
Mr. Greenwald mentioned the public hearing for FM 78 will
be held on Monday January 17th at the high school cafeteria
at 7:00 p.m.
#9 ADJOURNMENT: On a motion by Mr.
seconded by Mr, Potempa and unanimously
meeting was adjourned at 8:15 p.m.
Swinney
carried,
and
the
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ATTEST:
~ rUdu-1#-!
City Secretary, City of Schertz
9~
,
Mayor, City of Schertz, Texas
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