Loading...
ccreg 01-07-1997 REGULAR MEETING OF THE CITY COUNCIL JANUARY 7, 1997 The Schertz City Council convened in Regular Session on Tuesday, January 7, 1997 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 Baldwin asked everyone to rise and join him in the Pledge of Allegiance to the flag. *1 APPROVAL OF MINUTES: Joint Session 10-9-96 Mr. Sawyer moved to approve the minutes, as written, for the Joint Session of 10-9-96. Mr. Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. *2 HEARING OF RESIDENTS: Both Chuck Sharpe and David Richmond had signed up to speak on Item *4, the Public Hearing, and Mayor Baldwin asked them if they wanted to wait until that time to speak. They agreed they wanted to wait. *3 ORDINANCE: Consider and take regarding of traffic control ordinance stops at Ashley Park and Wayward Pass. action regarding on final all-way Mayor Baldwin introduced an ordinance and read the caption as follows: ORDINANCE NO. 97-D-l BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS, BE AMENDED BY REVISING SECTION 18-32, STOP INTERSECTIONS, AND SECTION 18-33, ALL WAY STOPS; AND PROVIDING A REPEALING CLAUSE. Mr. Greenwald moved to approve the final reading of the ordinance regarding all-way stops at Ashley Park and Wayward Pass. Mr. Swinney seconded the motion. Before the vote, Mr. Sweatt reminded Council this is the removal of the all-way stop at Ashley Park and wayward Pass and making it a stop only for Wayward Pass. -106- The motion carried with the following votes: AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. At this time Mayor Baldwin turned the meeting over to Mayor Pro Tern Potempa. *4 PUBLIC HEARING: To receive citizen comments on a request from the SCUC ISD for a Specific Permit allowing them to construct an Intermediate School in the Greenshire Subdivision. Chuck Sharpe of 1200 Antler Drive spoke in support of the school. He was concerned with the procedures and actions that had taken place between the City Council and the members of the School Board. He hoped he was wrong, but felt in that process there were some bruised egos and some miscommunication. people don't want change and that's understandable. A number of years ago, the people in Deer Haven, where he lives, did not want Savannah Square to be built. At the time he was a Councilmember and in good conscience, even though it meant change for him, he could not vote against the building of the Savannah Square subdivision. Mr. Sharpe urged everyone to get on with the business of building a new school for the children. If there are problems associated with it, he doesn't feel there are any too great which can't be overcome. The citizens voted for it because of the growth in the area and the overcrowding of the schools, so let's get it built in a prompt manner. He asked for everyone's cooperation in getting that accomplished. David Richmond of 2921 Bent Tree Drive mentioned he had made a presentation at the last public hearing on this matter. The focus of that presentation was safety of the children and traffic congestion problems that may be posed in the neighborhood. The thought he left them with was that the School Board proposal at the time did not contain a written commitment from the Deer Creek developer to construct a road, but the Greenshire developer had given them a written commitment. He noticed that no one from the school is here tonight to say whether or not they now have that commitment from the Deer Creek developer. Mr. Richmond stated that as a citizen of Schertz, he understands the need for a long-range comprehensive traffic plan, and his concern is that if the school is constructed and ready to open before the road that connects Dietz Road with the road that will run in front of the school over to Green Valley Road, we will have a traffic problem that will -107- pose serious concerns for the students and their parents. He requested that when Council deliberates, they consider that serious situation and the absence of the commitment to build the road. Catherine Ochoa of 2841 Mimosa stated they recently built a home in Greenshire and they selected that location because it is quiet, private, a good location with a good reputation, and has minimum traffic. All that will change with the building of a school. She has four children, but they attend a private school as do those of many of her neighbors who have children in the system. She feels a school will bring loitering and vandalism. She also feels this proposed location for a school is not proper due to the nearness to Kardy's Airport. Perry Van of 2142 Persimmon Drive read a letter to protest the building of the proposed school in the Greenshire location. Demographics studies show that the school, the second in this end of the school district, would be underutilized by local users. The vast majority of the user population is in other areas of the district. The cost of the site has rapidly escalated. The existing roads cannot support the traffic a school will generate. Greenshire is a bad site, chosen for the wrong reasons. He urged Council to vote against the request from the school. Bob Pond of 3013 Bent Tree Drive reported he had attended the last public hearing on this matter and observed, as far as he can tell, there have been no significant changes between that hearing and this one. Why is this on the agenda again? Richard Arns of 1901 Green Valley Road also wondered why this item is on the agenda again. He lives in Cher-Ron and it is an older community. The people there chose that location for isolation and large lots. They paid premium dollars. They are concerned about the traffic that will be generated by a school. If Green Valley Loop is widened, he loses half of his front yard as do many of his neighbors. There is not one child in their subdivision that will attend this proposed school. Chuck Sharpe of 1200 Antler Drive spoke again. In regard to traffic, he doesn't know of a school that doesn't have traffic. However, the traffic on FM 3009 didn't kill Schertz. Also, regarding underutilization of the school, Mr. Sharpe acknowledged that may be true for a while, but we need good schools in the area. There will always be objections to change, but often times change is for the better. Jim Gibler of 1528 Mt. Laurel stated the traffic issue and the resistance to change do not represent the full scope of the problems with this site. The nearness of Kardy's Airport is a major problem. The centerline of the runway -108- is only 225' from the playground. Safety for the children is his major concern. Doyle Woodman of 2107 Persimmon Drive stated building a school in the Greenshire Subdivision is tantamount to building a school in a retirement home area. Greenshire, Cher-Ron and Royal Oaks are comprised mainly of retired people. Also, it doesn't make sense to build two schools within two square miles of each other. This school needs to be built in Universal City or in downtown Schertz. By the year 2000, there will probably be a need for a third school, but it only makes sense to build the school needed now where the students are. A gentleman from Royal Oaks spoke briefly to say he feels the management of change by the School Board is faulty and going in the wrong direction. There being no further comments, Mayor Pro Tern Potempa closed the public hearing. *5 Consider and take action regarding above request for a specific Use Permit. At this time Mr. Sweatt read a letter received on December 23, 1996 from the Dr. Byron Steele, School Superintendent. He thanked Council for agreeing to reconsider the school's request. Stating there are so many issues to consider, the Board wishes to reevaluate all other options before returning to City Council. They requested the January 7th public hearing be postponed and a continuance be granted until such time as the Board of Trustees may request further consideration by City Council. Mr. Sweatt explained that unfortunately this letter was received after the notice had been published in the newspaper and letters had been sent to property owners. Mr. McDonald told Mr. Pond he thinks Mr. Sweatt's explanation tells him why this was on the agenda again tonight. Mr. McDonald further stated he is not opposed to the site, he is opposed to the lack of a road. There was a brief discussion on a future overpass at Wiederstein Road. Mr. McDonald then asked if it is proper to table this request. Mr. Greenwald felt they should at least give the school a chance to make an appearance and provide information about what they've done. Mr. Sawyer expressed the opinion this subject has been beaten to death. It has been under consideration by either Planning and Zoning or the Council since last June. He then asked Mr. Sweatt to explain the Roberts Rules of Order that brought this request back to the agenda. -109- Mr. Sweatt related that at the conclusion of the meeting at which the first public hearing was held, there was discussion of reconsideration of the motion to deny, but no action was taken at that time. At a subsequent meeting, an item was placed on the agenda to consider a vote to set aside the action of disapproval of the proposed school site. That agenda item was passed by a majority of the Council. Council then voted to set a second public hearing date for the school's request. Mr. Swinney remarked the intent to relook at the issue was to consider the overall effect of traffic and taxes. He was concerned this particular decision by the Council would lead to a situation totally opposite of what they were trying to get away from - traffic on FM 3009 and the outlying roads. The alternatives that he sees in the schools being placed closer to Dobie, in his opinion, will exacerbate the situation even more than what this proposed school will do. Taxes will also suffer more with the other options. As far as tabling the request, Mr. Swinney felt Council owes it to the citizens to put a closure on it one way or the other. He feels the School Board isn't here tonight out of frustration. The road cannot be addressed by them. He, personally, feels the road has an excellent chance of being completed as development comes. It has zero chance of being completed if the school goes elsewhere. The traffic on FM 3009 and other back roads in the area around Dobie will be much worse. Also, the citizen committee that looked at the demographics and recommended the sites put a lot of work and thought into their decisions and came up with proper conclusions. It is not City Council's job to approve or disapprove what the School Board did. He just thinks if they disapprove this school site because of the lack of a road, the result will be 180 degrees from what they were trying to prevent. Mr. Sawyer voiced his disagreement with Mr. Swinney regarding taxes. Taxes for the school have already been approved. The bond issue was voted on by the citizens. Mr. Swinney pointed out that does not include operating expenses if they have to buy more busses and increase transportation costs. Mr. Sawyer moved, since neither Council nor the School Board can address the issue about the road, the request for a Specific Use Permit allowing the SCUC ISD to build an Intermediate School in the Greenshire Subdivision be disapproved. Mr. McDonald seconded the motion and the vote was as follows: AYES: Councilmembers McDonald and Sawyer. NAYS: Councilmembers Swinney and Greenwald. -110- Mayor Pro Tem Potempa broke the tie and voted AYE in favor of disapproval. He also called for a five minute recess at this time. After the brief recess, Mayor Hal Baldwin resumed presiding over the meeting. *6 EAA PROGRAM: Consider and take action regarding EAA Irrigation Suspension program. Mr. Sweatt reminded Council they received in their packets information about the proposed program and a brief description. The EAA proposes to contract with farmers, who represent at least 10,000 acres, not to irrigate. It is estimated this 10,000 acres of "set aside" would save approximately 20,000 acre feet of water for the aquifer. The EAA proposes to receive money from proposed investors/purveyors and put it in a pot to be used for dry land farming and those who participate in the program would be considered favorably during critical management times. Those participants would be allowed to exceed their winter average pumping by 140 times. That is the incentive for participating. The deadline for program participants is January 13th. That's why this item is on the agenda for action. They understand a number of other purveyors are willing to participate in the program. The City of San Antonio through SAWS has pledged somewhere between $350,000 and $500,000. Guadalupe and Coma1 Counties have expressed an interest to participate. NBU has committed $10,000 to the program and the City of New Braunfe1s will be considering a similar amount. There are benefits to be derived if there are critical management times again next summer and from all the predictions, it is expected the drought will continue into next year. Mr. Sawyer asked what it will cost the City. Mr. Sweatt answered they are recommending the City participate up to $1.00 per active account and today that would be $4897. That would allow the City to use another 4,500,000 gallons of water per month and that's pretty cheap water. Mr. McDonald asked what the selling price of the 4,5000,000 gallons would be and Mr. Sweatt, saying it's hard to determine exactly because of the City's inverted rate structure, estimated at least an average of 75 cents to one dollar per thousand. Mayor Baldwin pointed out it also keeps the City from having to pay those $10,000 a day fines for overpumping. Mr. McDonald asked what happens if there is no Mr. Sweatt replied the money will have been paid farmers will not have irrigated. Also, if 10,000 not committed, the program is dead. drought. and the acres is -111- Mr. Swinney inquired why the cost would not be $5l00. The latest active account report shows 5100 accounts. Mr. Sweatt promised to check it out and noted it will be $1.00 per active account, whatever the total active account number is. Mr. Sawyer moved to approve participation in the EAA Irrigation Suspension Program in an amount of $1.00 per active account. Mr. Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. *7 BID AWARD: Consider and take action on awarding bid for Sheepfoot Roller. Mr. Sweatt reported this Sheepfoot Roller is surplus property. It was abandoned on the City's land when they acquired the Commercial Place property. It is not of use to the City. Bids were solicited at the public auction, but none were received. They subsequently advertised for sealed bids and received only one from Mr. James Lawlis in the amount of $750. It is recommended the bid be awarded to Mr. Lawlis. Mr. Potempa moved to award the bid for Roller to Mr. James Lawlis in the amount Swinney seconded the motion. the Sheep foot of $750. Mr. Mr. McDonald inquired if this is the one donated by the Economic Development Commission and doesn't it work. Mr. Sweatt replied the motor runs, but it's just too big to use for the City's purposes. The cost of transporting it to a job site is more than it's worth. At this time the vote was taken and the motion carried as follows: AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. *8 COMBINED ELECTIONS: regarding the following: Consider and take action A. Joint Agreement between SCUC lSD, the City of Schertz and the City of Cibolo. B. Contract Agreement with the County Elections Officer, State of Texas, County of Guadalupe. -112- Mr. Sweatt advised they had visited with all the entities involved. J.R. Perez, Guadalupe County Elections Administrator, has proposed a contract under which his office could conduct elections for us individually or collectively. It is felt joint elections are not only a potential cost savings, but also an opportunity to hold elections and eliminate the confusion (for all those persons who wish to vote) of going to several separate voting locations. They could vote for everything in one place. The same would be true for a resident of Cibolo. If they were to show up at our polling place, they could vote not only for the school district election, but also for issues in Cibolo. With the use of data processing facilities, it is easy to recognize persons who have voted and note their records accordingly. Mr. Perez has reviewed all of this with all the entities and we believe it is a good way to increase voter participation. A proposed split of the costs has been prepared and here's how it breaks down. It is based primarily on registered voters and voter participation. The school district would pay 55% of the costs, the City of Schertz would pay 35% of the costs and the City of Cibolo would pay 10% of the costs. This is for both the early voting and the day of the general election. In the event one party falls out (that would most likely be Cibo1o because they may not have to hold an election) the school district would pay 60% and the City of Schertz would pay 40%. In the unlikely event only the school district and the City of Cibolo would hold an election, the school district would pay 90% and the City of Cibolo 10%. Mr. Sawyer asked Mr. Sweatt if he had talked with CCMA about participating. Mr. Sweatt answered they had discussed it with them and at first it appeared it might be an advantageous arrangement. However, several issues arose which made it unworkable. First of all they only hold elections every two years. Second, quite frequently they have candidates who are unopposed and therefore are not required, under the new law, to hold an election. Third, were they to join this agreement, it would be necessary to move one of their polling sites. It would be confusing to the voter to change the polling site and then have to change it back again for the off election years. Mr. Sawyer asked who hires the elections judges and Mr. Sweatt answered the County Elections Administrator. Mr. Sawyer noted we would then have people coming down here from Seguin to be the judges. Mr. Sweatt pointed out Mr. Perez has indicated he would like our assistance by hiring some local people. He doesn't have enough election people in Seguin to send over here as well. Mr. later it's Sawyer then asked if we decide we only good for one if we can want out. election. get out of this contract Mayor Baldwin answered You have to renew it for -113- every election. Mr. Sweatt related that under current election laws it is necessary the contract be between each entity and the Elections Administrator. He can only hold elections in those areas in which one of those entities has territory. He could not go into Bexar County if none of the entities had territory there. Mayor Baldwin gave the example of the school district wanting to hold their elections at City Hall in Universal City versus at Rosegarden School because more people would vote in the school district if the election were held there. Since it's outside the school district's jurisdiction and since Universal City doesn't have any annexed property in Guadalupe County, Mr. Perez cannot go over there. They are, however, working to get the law changed. Mr. Sweatt commented the Universal City location at City Hall would have solved part of the problem because it is in CCMA's jurisdiction. However, since they don't have an election every year, then the voting location would have to change on the off year and that creates a dilemma. Mr. Greenwald wondered if Universal City used their library as the polling place, would it solve the problem. Mayor Baldwin replied yes it would, but they won't do it. Mr. Sweatt then added that another part that you have to get Justice Department deeds that affect voting, and anything lessening the opportunity for minorities the voting process would be denied Department. of the problem is approval for all that smacks of to participate in by the Justice A. Joint A9reement between the SCUC ISD. the Citv of Schertz and the Citv of Cibolo. Mr. Potempa move~ to approve a Joint Agreement of General Elections, for the May 3, 1997 election, between the SCUC lSD, the City of Schertz and the City of Cibo1o. Mr. Sawyer seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. B. Contract Aqreement witp t.he Countv Elections Officer~ State of Texas. Countv of Guadalune. Mr. Potempa moved to approve 3, 1997 Contract Agreement Officer, State of Texas, the General with the County of Elections for May County Elections Guadalupe. Mr. -114- Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. *9 CITY MANAGER'S REPORT: There was none. *10 ITEMS BY COUNCIL: Mr. Greenwald: Asked if any headway had been made with CPS regarding street lights along Schertz Parkway in the Wiederstein Road area. Also, he thought they had talked about street lights at the intersections along Schertz Parkway such as Ashley Park and Savannah Drive. He knew it was going to be a problem because part of the area is CPS and part of it is GVEC. Mr. Sweatt replied there are street lights at Ashley Park and at Savannah Drive. The only ones they are lacking are at Wiederstein Road. Mr. Greenwald remarked there are two little bitty ones at Ashley Park which look like ones put up by the developer. There a couple of small ones at Maske Road and none at Savannah Drive or Wiederstein Road. Mr. Sweatt apologized, saying he thought lights were up everywhere except Wiederstein Road. He will pursue it. Mr. Swinnev: A. Referred to a letter in the packet from a lady talking about trash cans and trucks allover the City. He has not seen that to be a significant problem. Mr. Sawyer advised this particular lady has been doing that for years. She wants to control her neighbors. B. Inquired if the City had been paid by the railroad for mowing the right-of-way. Mr. Sweatt answered they had been paid. Mr. Potemoa: A. Reported they had a TIF meeting yesterday and are planning a joint meeting with the Planning and zoning Commission to discuss what they want to do and and how they want to get there along Schertz Parkway. B. Implied he understood the wooden poles put up by GVEC were a temporary measure until they could get their permanent poles installed. The permanent poles are now installed. When do they intend to remove the wooden poles? Mr. Sweatt said GVEC indicated they would consider setting those poles back off of Schertz Parkway when the City tells them where the development is going to be so they could put their lines in the middle and serve both the frontage and the second tier of lots. There was confusion in thinking -115- that this new construction was going to take the place of those wooden poles. They are separate circuits and a separate line altogether. They will continue to want to serve Schertz Parkway from lines out on Schertz Parkway. With the residential area now, it will be almost impossible to move the poles. Mayor Baldwin agreed and said when the City approved the first housing subdivision to come all the way up to the road, we cut them off from moving those poles down along the back. C. Questioned how the audit is going? Mr. Sweatt replied it going fine as far he knows. Mr. Potempa wondered when they would be finished and Mr. Sweatt promised to ask if they have an estimated completion date. Mr. McDonald: A. Asked the status of proposed annexation. Mr. Sweatt replied they have the recommendations, have investigated several different approaches, and the City Attorney's office is reviewing some annexation by San Antonio to see if the City can figure out a route to get into the Schirmerville area around San Antonio's annexation. Several Councilmembers thought it had been agreed to consider the stretch of land coming out from IH-35. They didn't feel San Antonio could come out that far. Mr. Sweatt said he understood their prime consideration was looking at closing San Antonio's loop and preventing Cibolo from coming this direction. There was discussion about extending ETJ's, about strip annexation, about annexed areas demanding services, about filling in areas that no one else can annex, and about the need to move forward with an annexation plan. B. and road Referred to the 121 acre development on FM 3009 by HEB said thy have one road in, but he hasn't seen a second for access. Mr. Sweatt agreed to check on it. C. Declared he was glad to note that a dental office is going in along FM 3009 at Savannah square. *11 ITEMS BY MAYOR: A. Announced there will be a TXDoT public hearing about FM 78 on Monday, January 13th at the Samuel Clemens new cafeteria starting at 7:00 p.m. B. Informed Council Bud Cyr will be honored at the next regular meeting for his many years of service to the Schertz Housing Authority. *12 ADJOURNMENT: On a motion by Mr. seconded by Mr. Swinney and unanimously meeting was adjourned at 8:18 p.m. Potempa carried, and the -116- ~ , - Mayor, City of Schert~, Texas ATTEST: ~~~~ City Secretary, City of Schertz -117-