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.
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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
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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
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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.
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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.
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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
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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.
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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
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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.
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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
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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
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~
,
-
Mayor, City of Schert~, Texas
ATTEST:
~~~~
City Secretary, City of Schertz
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