ccreg 12-17-1996
REGULAR MEETING OF THE CITY COUNCIL
December 17, 1996
The Schertz City Council convened in Regular Session on
Tuesday, December 17, 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 City Manager Kerry Sweatt and City Secretary
Norma Althouse.
Mayor Baldwin asked everyone to rise and join him in the
Pledge of Allegiance to the flag.
Mayor Baldwin then announced the first thing they're going
to do this evening is award prizes for the Christmas
Lighting contest. He will assist Steve Simonson in those
presentations.
The winners are as follows:
RESIDENTIAL
First Place-Best Theme - Brummett family at 509 Mitchell
Second Place-Best Theme - Silvers family at 145 Peach Lane
First Place-Best Lighting - Tommy Hunter at 528 Curtiss
Second Place- Best Lighting - Fred Hensley at 1313 Circle
Oak
First Place-Best Creativity - Bob Ludlow at 1317 Oak St.
Second Place-Best Creativity - Kilcrease family at 500
Wayward Pass
First Place- Best Combined - 3200 block cul-de-sac of
Pritchard Place (12 houses)
Second Place-Best Combined - 519 and 521 Exchange
Jason & Cindy Hiebert &
Ross Smith
Robert & Bridget Arenas
Spirit of Christmas - Rogers family at 611 Aviation
(Lacy & Monica in particular)
COMMERCIAL
Best Lighting - First Place - Metro Ambulance
Second Place - Knights of Columbus
Best Creativity - Kountry Kitchen
Best Theme - Post Office
Mayor Baldwin thanked the Christmas Lighting Committee for
all their efforts and congratulated the winners.
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# 1 APPROVAL OF MINUTES: A.
B.
Special Session 09-25-96
Regular Session 10-01-96
Mr. sawyer move~ to
Session 9-25-96 and
McDonald seconded the
approve the
the Regular
motion.
minutes for the special
Session 10-1-96, Mr.
Before the vote, Mr. Potempa pointed out that on page 18,
last sentence, th should be stricken.
Mr. Potempa then, referring to page 9 under Hearing of
Residents, said he knew the Mayor had written a letter to
the president of Dover Homes and wondered if he ever
received an answer, Mayor Baldwin acknowledged he had
never received a reply. Mr. Potempa then asked if the
engineers ever came forward with a plan for the drainage
problem in Dove Meadows. Mr. Sweatt replied it is his
understanding they have completely resolved the problem.
The company went in and regraded lots and took care of the
drainage.
At this time the vote was taken and the motion carried as
follows:
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
Nays: None.
#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
Bob Pope of 104 Mesquite Circle in Cibolo pleaded with
Council not to rescind their vote on the school site. They
voted to turn it down at the public hearing and nothing has
changed unless the school district is in the road building
business.
Ivona Jeiskoniak of 110 Plum Circle in Cibolo mentioned she
had spoken at the public hearing and is asking that Council
keep its vote the same as before.
Before going to the next agenda item, Mayor Baldwin
introduced Dr. Stephen Springer, President of the School
Board and Ollie Burkett and Byron Nichols, both members of
the School Board.
#3 APPEAL: Consider and take action on appeal of
Sign Ordinance permit by Schertz Bank & Trust.
Mr. Sweatt reminded Council they have in their packets a
letter from Melvin Golla, President of Schertz Bank &
Trust, regarding a proposed sign at the proposed bank
branch site at the corner of Schertz Parkway and the IH-35
access road, There is a drawing in the packet also, The
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sign is proposed to be 70' tall. The Sign Ordinance allows
50', so this would be a 20' variance to the height. They
are also requesting a variance allowing them to have 100
extra square feet per face side of the sign. The bank's
property line is not at the curb of the access road, it is
about 20' back. Planning and Zoning turned down their
request, so the bank has appealed their case to the
Council.
Roy Richard
pretty well
indicated he
had nothing further to add, saying they
covered everything at the workshop.
would be glad to answer any questions.
had
He
Mr. McDonald moved to grant the 20' variance to the height
of the proposed bank sign and the 100 extra square feet per
face side of the sign. Mr. Swinney seconded the motion
saying it will be a real classy sign, tastefully done, and
will be advertising community activities.
Mr. Potempa noted he lives in that area and it's dark, so
this will brighten things up.
Mr. Sawyer commented businesses have to advertise.
Mayor Baldwin observed that Schertz Bank & Trust has been
an integral part of this community since the very
beginning. They have been instrumental in helping the City
finance ambulances and fire trucks with no interest loans
and if we can get them up on IH-35 to compete with other
businesses, he's in favor of doing that.
At this time the vote was taken and the motion carried as
follows:
AYES: Councilmembers McDonald. Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
Mr, Potempa asked when they anticipate the beginning of
construction and Mr. Richard replied in January.
#4 BID AWARD: Consider and take action on awarding
bid for materials only for Lower Seguin Road water line.
Mr. Sweatt advised Council that in the FY 95/96 budget, a
project for the improvement of water lines along the FM
1518 Woman Hollering Creek area and Lower Seguin Road was
authorized. Due to a number of other activities, they have
not been able to get that project underway. The funds for
the project, through the Capital Recovery fund, were
carried forward into this fiscal year, Bids were solicited
and the lowest and best bid is from Municipal Pipe and
Fabricating Company in the amount of $52,423.51. It is
recommended they be awarded the bid. Work on this project
will be done by force account work over the next several
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months.
Mr. Sawyer moved to award the bid for materials only
the Lower Seguin Road water line project to Municipal
and Fabricating Company in the amount of $52,423.51.
Swinney seconded the motion, which carried with
following votes:
for
Pipe
Mr.
the
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
#5 BID AWARD: Consider and take action on awarding
bid for hydraulic rescue tool system for Fire Department,
Mr. Sweatt informed Council this is equipment proposed in
this fiscal year. They have one rescue tool now, but with
continued growth of the community, there are increased
demands for the tool commonly identified as the "jaws of
life". Bids were solicited and the best and lowest bid was
submitted by progressive Fire and Rescue Equipment in the
amount of $14,447.00. It is recommended the bid be awarded
to that company.
Mr. Potempa moved to award the bid for a hydraulic rescue
tool system for the Fire Department to Progressive Fire and
Rescue Equipment in the amount of $14,447.00, Mr. Sawyer
seconded the motion, which carried with the following
votes:
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
#6 ORDINANCE:
reading of traffic
stops at Ashley Park
Consider and take
control ordinance
and Wayward Pass.
action
regarding
on first
all-way
Mayor Baldwin introduced an ordinance and read the caption
as follows:
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, PROVIDING THAT THE CODE OF ORDINANCES,
CITY OF S~OAA~Z, TEXAS, BE AMENDED BY REVISING
SECTION 18-32, STOP INTERSECTIONS, AND SECTION
18-33, ALL-WAY STOPS; AND PROVIDING A REPEALING
CLAUSE.
Mr. Sweatt mentioned that when Ashley Place
originally platted and we reviewed the street
appeared it was desirable to create an all-way
intersection of Ashley Park and Wayward Pass.
2 and 3 was
layout, it
stop at the
We've gone
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back and
appears
several
Park and
reviewed it and looked at the effect,
traffic would be better served, for
years, by removing the stop designation
making a stop only at Wayward Pass.
and it now
the next
for Ashley
Mr. Greenwald moved to approve the first reading
traffic control ordinance regarding all-way stops at
Park and Wayward Pass. Mr. Sawyer seconded the
which carried with the following votes:
of a
Ashley
motion,
AYES: Counci1members McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
Mayor Baldwin excused himself from the meeting at this time
and Mayor Pro Tem Potempa took over the task of presiding.
#7 Consider and take action regarding reconsideration
of motion which denied a request from the SCUC ISD for a
Specific Use Permit allowing them to build an intermediate
school in Greenshire.
Mr. Swinney moved to consider rescinding the previous
motion on the SCUC lSD's request for a Specific Use Permit
allowing them to build an intermediate school in
Greenshire.
Mr. McDonald asked to hear some reasons why and wondered
what obstacles have been removed that would make it worth
Council's time to reconsider their previous motion.
Mr. Swinney inquired if all the facts were considered as
far as alternative sites for the school.
Mr. McDonald indicated they were told safety for the
children was a big factor in the selection of the
Greenshire site. They were told the children are going to
walk to school, but there's nothing for them to walk on.
They were also told there is a site in Deer Creek and a
site in Cibolo. As far as the concern for a road by the
people in Royal Oaks, there will eventually be a road there
one way or another. How are we going to get these children
to school? Does anyone have any ideas?
James Harris of FM 1518 and Schaefer Road, stressing
is not a public hearing, didn't think anyone should
who had not signed up.
this
speak
Mr. Swinney asked Mr. McDonald how he would feel if all
the assurances could be addressed at another public
hearing. Mr. McDonald answered he would consider
rescinding his motion. He voted against it because of the
road, 50 if there's no change, he thinks the
reconsideration is an action in futility,
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Mr. Swinney emphasized his whole point in pushing this is
his concern about how it will affect overall taxes, road
flow and the alternative sites. The School Board and the
school administration have been very neutral. It's only
fair that all of the questions should be answered and he
doesn't know if the school is prepared to answer those
questions. He also doesn't know if the facts and
information were presented accurately at the last public
hearing. If he could get assurance from the school Board
that they could be prepared to answer questions and the
facts presented at the last public hearing were accurate,
he thinks it would be worthwhile to have another public
hearing.
A gentleman in the audience, who had not attended the
previous public hearing, admitted he was not sure how to
answer all of Council's questions. He wonders how you
would find a site with all of the problems solved. They're
talking about creating a site for a School that probably
will exist for a hundred years. Can we really deny the
school the right to build in an appropriate place because
of lack of a road, when the road will be there perhaps in
six months? They know also that Green Valley Road will be
widened some day.
Mr. McDonald reiterated they were told that safety was the
paramount reason this site was chosen and he's concerned
about the fact the children have nothing to walk on. The
gentleman stated safety was not the only factor considered
in choosing the site. The Greenshire site was chosen
because of growth, because of the poor/rich balance,
because of the ethnic balance, and because it is
accessible. Bussing will be with us forever and the roads
will happen in a matter of time. There is a large
percentage of the children that will be able to walk to
school.
Mayor Pro Tem Potempa asked if the School Board has talked
with the City of Cibolo. Mr. Burkett answered they spoke
briefly. The School Board doesn't meet until Thursday so
obviously, they're not prepared to speak to this. They
didn't realize this was on the agenda tonight.
Mr. Sawyer asked if there wasn't a letter in the packet
presented last week that said Cibolo wouldn't build the
road. Mr. Burkett mentioned this was the very thing they
were trying to avoid - getting into who would or wouldn't
do what. They're trying to do the best thing for the
community.
Dr. Springer acknowledged he is not prepared to answer for
the Board tonight, but they are meeting this Thursday to
discuss the situation.
Mr. Sawyer, referring to the fact this is not a public
hearing, said the question before the Council is whether or
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not they are going to consider rescinding their previous
motion on this request from the school. It is not
appropriate to ask for justification at this time unless
it's discussed among the City Council members and not
members of the audience. He's not trying to take away
anyone's freedom of speech, but under the proper rules, the
only question before the Council is whether or not they
wish to reconsider their last motion on this request. Mr.
Swinney made a motion and they haven't gotten a second yet.
At this time, Mr. Greenwald seconded the motion, but added
he thinks the intent was not to rescind the original vote,
but to reconsider.
Mr. Sweatt advised that after this length of time has
passed, it is not necessarily a reconsideration. The
action under Roberts Rules would be to rescind the previous
action. If the motion is to rescind that action, then the
next step will be to set up another date for further
discussion of that issue. To be correct in a parliamentary
sense, it's not reconsidering, but rescinding after the
action has taken place.
Mr. Swinney wanted to talk briefly about the safety issue.
If parents are going to be driving, then he doesn't see
that many children out on FM 3009. Maybe that's something
they could talk about and work out. He's concerned because
he served on the bond committee for the school and the
citizens voted in favor of neighborhood schools. With just
one vote, the Council has wiped out that concept. He feels
their intention will be the exact opposite of what happens.
Mr. Greenwald commented he has no problem with rescinding
the previous action and with reconsidering another hearing.
That will give the School Board time to negotiate with
whoever they need to negotiate with to get the road built.
Nothing says we have to approve it - it can be denied at a
second public hearing.
Mr. Swinney, stating it is a complicated issue and lots of
people are involved, said he would like to see a teamwork
approach.
At this time the vote was taken with the following results:
AYES: Councilmembers Swinney and Greenwald.
NAYS: Councilmember Sawyer,
ABSTENTIONS: Councilmember McDonald.
Mayor Pro Tern Potempa originally abstained, but then
changed his mind and voted aye so they could get the issue
settled once and for all. This allowed the motion to
carry. He reminded the School Board members this is very
serious and they need to come back with answers.
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#8 Consider and take action regarding a rehearing
date for the SCUC ISO's request for a Specific Use Permit.
Mr. Sweatt advised, considering the vote on the previous
item, it would be appropriate to set a date for discussing
this item again. The earliest possible date would be
January 7th and this would give the City time to send the
notices to property owners and have the public hearing
notice published.
Mr. Greenwald mov2q to schedule a rehearing for the
request from the SCUC ISD for a Specific Use Permit for
January 7, 1997. Mr. Swinney seconded the motion, which
carried with the following votes:
AYES: Councilmembers McDonald,
Greenwald.
Sawyer, Swinney
and
NAYS: None.
#9 Consider and take action
January 1, 1997 workshop session.
on rescheduling the
Mr. Sweatt advised the next scheduled workshop falls on
the New Year's holiday. He does not anticipate a big
agenda. Council may wish to reschedule or simply cancel
it.
Mr. Greenwald suggested leaving it to the discretion of
the City Manager. If something important comes up, he can
schedule a workshop session. Mr. Sawyer indicated they
have done that before and it's covered in the Charter. Mr.
McDonald and Mr. Swinney agreed. The consensus of Council
was to cancel the workshop for January 1, 1997 and leave it
up to the discretion of the City Manager should he want to
call a workshop session before the next regularly scheduled
meeting.
At this time Mayor Pro Tem Potempa turned the meeting back
over to Mayor Baldwin.
#10 CITY MANAGER'S REPORT: A. Reminded Council the
groundbreaking ceremony for the Randolph Brooks Federal
Credit Union branch is set for 9:00 a.m. December 31st.
B. Announced the City has moved from Stage 3 to Stage 1 as
far as mandatory water conservation. It is the least
restrictive of the stages, The only definite prohibition
is watering between 10:00 a.m. and 8:00 p.m. which is a
good conservation practice anyway.
C. Reported Council had asked at the last workshop about
some mobile homes out on FM 1518 and expressed concern
about the septic tank hOOk-Ups. The inspectors have
checked into it and the owner has secured a septic tank
permit from Bexar County even though it doesn't meet the
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acreage requirements.
D. Informed Council the City has set December 26, 27, 30
and 31 and January 2,3, 7 and 8 as pick-up days for
Christmas trees. This program has been very well received
in the past. All they ask is that the resident call the
Public Works Department 24 hours in advance.
E. Noted the City is proud of it's new tree.
Unfortunately the bottom third of the top half bent in
Sunday night's windstorm and it can't be repaired. They
have contacted the supplier and are trying to get a
replacement. Any advice would be appreciated.
#11 ITEMS BY COUNCIL: Mr. McDonald: A. Related he
had received a call from Dave Hindeman who lives in Dove
Meadows regarding electrical problems in the subdivision.
Their power drops and the lights flicker. The gentleman
has spoken with GVEC and they told him there have been
problems since a large piece of equipment of SMI's burned
up.
Mayor Baldwin commented a major fire burned up a piece of
SMI's equipment and he spoke with Marcus Pridgeon about it.
GVEC has put pressure on SMI to replace the equipment, but
it won't be delivered until the end of the summer of 1997.
It has an 18 month delivery date. There was a brief
discussion on this.
Mr. Sawyer: A. Stated he has had complaints about why
the City doesn't have flashing yellow lights at the end of
school zones. Is a flashing yellow light required by law?
Mr. Sweatt replied they have done their best to adequately
sign the school zones and he doesn't believe a yellow
flashing light is a requirement.
B. Remarked he is seeing dogs running loose again at
Randolph Boulevard and Curtiss Avenue.
C. Announced Alva Richburg on Fawn Drive is having a
Christmas get together (like she does every year) at her
house from 2:00-4:00 p.m. tomorrow. The Mayor, Council
and City Manager are invited.
Mr. Swinney: A. Reported he attended the Grand Opening
of the Seguin State Bank and it is an excellent facility.
B. Mentioned D.C. Morgan has all the materials
garage to remove the graffiti. They're waiting
names from Judge Cinnamon and then should be
complete this project after the first of the year.
in his
on some
able to
C. COmmended the members of the Council saying it is a
pleasure to serve with them, they are always friendly, and
he appreciates their open-mindedness. To that, Mr.
Potempa commented he believes in fairness.
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Mr. Greenwald: A. Referred to the letter from Mr.
Sweatt about the Fire Department receiving an A for a zero
defect inspection and thought that was excellent. Mr.
Swinney asked if we could honor them with a proclamation
and Mr. Sweatt said he will certainly convey Council's
congratulations to the Fire Department.
B. Remarked he gave a bunch of minutes from BVYA to the
City Secretary for inclusion in their next packet. There's
also a letter about combining their contracts for the
ballfields and for the use of the building.
C. Reported CRWA will hold a directors meeting this
Thursday morning and he is unable to attend. If anyone
else can attend in his place, please do. Mayor Baldwin
encouraged someone to go so they can represent Schertz and
chastise San Antonio.
D. Commented the Express-News had a
development coming to Schertz. Mr.
Herald also had a good article.
good article about
Sweatt added the
#12 ITEMS BY MAYOR: Wished everyone a Merry Christmas.
#13 ADJOURNMENT: On a motion by Mr. McDonald and
seconded by Mr. Swinney and unanimously carried, the
meeting adjourned at 8:24 p.m.
f
Mayor,- Ci ty o'f Schertz, Texas
ATTEST:
~ {l/~/~
City Secretary, City of Schertz
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