Loading...
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. -96- # 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 -97- 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 -98- 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 -99- 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, -100- 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 -101- 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. -102- #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 -103- 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. -104- 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 -105-