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ccreg 05-06-1997 REGULAR MEETING OF THE CITY COUNCIL MAY 6, 1997 The Schertz City Council convened in Regular Session on Tuesday, May 6, 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. The Mayor then acknowledged the presence of County Commissioner Jim Wolverton, Municipal Court Judge Leroy Cinnamon, former Councilmember Adolph Aguilar, Election Judge Joseph Smith and Guadalupe County Elections Administrator J.R. Perez and welcomed them to the meeting. #1 APPROVAL OF MINUTES: Regular Session 3-18-97 Special Session 3-26-97 Regular Session 4-01-97 Special Session 4-09-97 Mr. Sawyer moved to approve the minutes for the Regular Session of 3-18-97, the Special Session of 3-26-97, the Regular Session of 4-01-97 and the Special Session of 4-09-97. Mr. Greenwald seconded the motion. Before the vote, Councilmember Swinney noted that on page 13, second paragraph, of the Special Session of March 26th, it says water wheels and should say water wells. At this time the vote was taken and the motion carried as follows: AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. ABSTENTIONS: 4-01-97. Mr. Potempa for the Regular Session of #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 No one had signed up to speak. #4 PUBLIC HEARING: To receive citizen comments on a request from Thuy T. Pham to rezone 1.5 acres on FM 1518 from General Business (GB) to Residential/Agriculture (RIA). -243- Mayor Baldwin explained the procedures to be followed for the public hearing. Mr. Sweatt pointed out, on the map, the approximate location of the tract on FM 1518. As a point of reference, it is near the horse stables at Randolph Air Force Base. The current zoning is GB and the application by the owner is for a rezoning of 1.5 acres, out of the full 5.9 acres they own, to R/A. The request is for the purpose of placement of a manufactured home by the owner and to have two additional tracts of land on which manufactured homes could be placed. The applicant indicates family members would be the residents on the other two tracts of land. Mr. Sweatt went on to say Planning and Zoning held a public hearing on this after sending notices to two (2) property owners within the required distance. Neither property owner responded. However, on this request the City did send a copy of it to Randolph Air Force Base. Council has in their packets a copy of a letter from General Trexler, Commander of the 12th Flying Training Wing, saying they do not oppose the rezoning, but do have concern over any action where there are additional residents in the AICUZ. They also suggest the owner take measures to achieve reduction in the outdoor noise level. Planning and Zoning recommends approval of the rezoning. Mr. Pham had nothing further to add and Mayor Baldwin declared the public hearing closed. #4 ORDINANCE: Consider and take action reading of ordinance rezoning 1.5 acres from Business (GB) to Residential/Agriculture (R/A). on first General Mayor Baldwin introduced an ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AMENDING THE UNIFIED DEVELOPMENT CODE (UDC) ORDINANCE NO. 96-S-28 BY REZONING APPROXIMATELY 1.5 ACRES OF LAND OUT OF BEXAR COUNTY AND REFLECTING SUCH CHANGES ON CERTAIN ZONING MAPS IN ACCORDANCE WITH THE SCHERTZ UDC ORDINANCE. Mr. Potempa moved to approve the first reading of an ordinance rezoning 1.5 acres from General Business (GB) to Residential/Agriculture (R/A). Mr. Sawyer seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, sawyer, Swinney and Greenwald. NAYS: None. -244- #5 RESOLUTION: Consider and take action on Resolution setting public hearings for the annexation of 35.31 acres (Forbes property.) Mr. Sweatt pointed out the location of the property along IH-35 north. A portion of the frontage of the property lies within the City limits and is currently zoned GB. However, the remainder of the property is not in the City limits and the applicant has requested it be annexed. Based on would be scheduled 7:00 p.m. the procedures established appropriate that two (2) - one at 7:00 p.m. on May on June 3rd. for annexation, public hearings 20th and the other it be at At this time Mayor Baldwin read the caption of the Resolution as follows: RESOLUTION NO. 96-R-4 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, SETTING A TIME, DATE AND PLACE FOR PUBLIC HEARINGS PURSUANT TO THE PROPOSED ANNEXATION OF APPROXIMATELY 35.3l ACRES OF LAND OUT OF COMAL COUNTY. Mr. Greenwald moved to approve the Resolution setting public hearings for the annexation of 35.31 acres. Mr. Swinney seconded the motion, which carried with following votes: AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. #6 MID-YEAR BUDGET ADJUSTMENTS: Consider and action approving mid-year budget adjustments. take Mr. Sweatt reminded Council they have before them various mid-year budget adjustments which were discussed at the workshop. The adjustments are primarily in the water fund, the general fund, the capital recovery fund, the hotel/motel occupancy fund, and in SAFES. Typically, the City has made adjustment at mid-year to recognize certain changes in revenues and expenditures. It has also been, in the past, the time of year they consider salary changes for employees. This year they are recommending a 3.5% increase for all employees. Mr. Sweatt then reviewed various revenues and expenditures. Mayor Baldwin mentioned that almost two years ago this Council went on record and stated publicly they were going to bring the employees who work for the City of Schertz into the same salary scale level as that of surrounding communities. They felt it was embarrassing for this -245- community to be the lowest paying public entity in the area. They are well on our way to satisfying that goal and this Council should be commended. Mr. Potempa adjustments. moved to approve the mid-year Mr. Sawyer seconded the motion. budget Mr. the not Greenwald commented they have been trying level of the salary of the City employees, totally there yet. to bring up but they're Mr. Sweatt expressed appreciation on behalf of all the employees for the 3.5% increase. At this time the vote was taken and the motion carried as follows: AYES: Councilmembers MCDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. #7 ELECTION RETURNS: A. Canvassinq of General Election Returns. B. Canvassinq of Charter Amendment Election Returns. C. Ordinance: Consider and take action on an ordinance canvassing the returns and declaring the results of the City General Election held May 3, 1997, and declaring an emergency. D. Ordinance: Consider and take action on an ordinance canvassing the returns and declaring the results of the City Charter Amendment Election held May 3, 1997, and declaring an emergency. Mayor Baldwin again stated the County Elections Administrator, J.R. Perez, is in the audience. He went on to say he has been associated with City and school district elections for over 20 years and this year was an absolute dream. Mr. Perez's office handled the entire election, they found the clerks and judges, the City and school district didn't have to store any ballot boxes for 60 days, there were no problems with people coming in saying the ballot boxes were being stuffed, and he personally thanked Mr. Perez for talking him into doing this. It will pay great dividends for the City of Schertz, the school district and the City of Cibolo. Hopefully they can get the Universal City part of the school district into this in the future. Mr. Perez expressed appreciation on behalf of Guadalupe County for all the support they received from the City of Schertz in coordinating the efforts to provide a better service for the residents of Guadalupe County. They look forward to other elections in the future. -246- --- Mr. Sweatt commented this certainly testifies to the of voting, and they believe it makes it easier for voters in all the elections to come to one place and their votes. Mayor Baldwin added there were a lot people than normal who voted in Cibolo because of convenience. ease the cast more the A. Canvassino of GAneral Election Returns: Mr. Perez stated he had provided statistical data as far as early voting, election day voting, and the accumulation of both. He also provided a locational breakdown of the voting. In the General Election for Place #3, George Mower received 118 votes, Norman Agee, Sr. received 529 votes and Ernest Bailey, Jr. received 163 votes. For Place #4, Timothy G. Swinney received 553 votes and Bill Giberson received 224 votes. For Place #5, Leon Davis received 240 votes and Ken Greenwald received 534 votes. A total of 826 votes were cast. B. Canvassino of Charter Amendment Election Returns. A total of 823 votes were cast in the Charter Amendment Election. A breakdown of the votes is as follows: Proposition No. 1 - yes 619 votes, no 165 votes; Proposition No. 2 - yes 574 votes, no 194 votes; Proposition No. 3 - yes 412 votes, no 376 votes; Proposition No. 4 - yes 579 votes, no 198 votes; Proposition No. 5 - yes 597 votes, no 179 votes; Proposition No. 6 - yes 669 votes, no 111 votes; Proposition No. 7 - yes 637 votes, no 82 votes; Proposition No. 8 - yes 633 votes, no 79 votes; Proposition No. 9 - yes 649 votes, no 62 votes; Proposition No. 10 - yes 585 votes, no 118 votes; Proposition No. 11 - yes 630 votes, no 80 votes; Proposition No. 12 - yes 574 votes, no 137 votes; Proposition No. 13 - yes 601 votes, no 105 votes; Proposition No. 14 - yes 614 votes, no 98 votes; Proposition No. 15 - yes 575 votes, no 129 votes; Proposition No. 16 - yes 617 votes, no 88 votes; Proposition No. 17 - yes 617 votes, no 88 votes; Proposition No. 18 - yes 605 votes, no 103 votes; Proposition No. 19 - yes 491 votes, no 209 votes; Proposition No. 20 - yes 634 votes, no 113 votes; Proposition No. 21 - yes 633 votes, no 115 votes; Proposition No. 22 - yes 647 votes, no 109 votes; Proposition No. 23 - yes 635 votes, no 108 votes; Proposition No. 24 - yes 640 votes, no 108 votes. Mr. Swinney asked if the reports show the percentage of registered voters and Mr. Perez answered they do not. One drawback to the software was that he could not make a distinction of the jurisdictions necessary to come up with the percentage of registered voters. If he recalls correctly there were 8,227 registered voters for the City -247- of Schertz. He hopes to be able to program the software so he can come up with more statistical information the next time. The numbers on the contract came in a little below budget. Mayor Baldwin and Mr. Potempa both complimented Mr. Perez again for a great job. Mr. Perez mentioned the Justice Department had a hard time with the concept of making it easier for the voter. They called and spoke with him about it. Their concern is that entities don't disenfranchise voters and make it harder for them. C. Ordinance: Consider and take action on an ordinance canvassino the returns and dec1arino the results of the Citv General Election held Mav ], 1997. and declarino an emeroencv. Mayor Baldwin introduced an ordinance and read the caption as follows: ORDINANCE NO. 97-E-10 BY THE TEXAS, RESULTS CITY ON CITY COUNCIL OF THE CITY OF SCHERTZ, CANVASSING THE RETURNS AND DECLARING THE OF THE CITY GENERAL ELECTION HELD IN SAID MAY 3, 1997 AND DECLARING AN EMERGENCY. Mr. Sawyer moved to approve the ordinance canvassing the returns and declaring the results of the City General Election held in said City on May 3, 1997 and declaring an emergency. Mr. Potempa seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. D. Ordinance: Consider and take action on an ordinance canvassino the returns and declarin9 the results of the Citv Charter Amendment Election held Mav 3. 1997. and declarino an emeroencv. Mayor Baldwin introduced an ordinance and read the caption as follows: ORDINANCE NO. 97-E-11 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS CANVASSING THE RETURNS AND DECLARING THE RESULTS OF A CHARTER AMENDMENT ELECTION HELD IN SAID CITY ON THE 3RD DAY OF MAY, 1997, AND DECLARING AN EMERGENCY. Mr. Potempa returns and Election held declaring an moved to approve the ordinance canvassing the declaring the results of a Charter Amendment in said City on the 3rd day of May, 1997, and emergency. Mr. Sawyer seconded the motion, -248- which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. #8 SWEARING-IN CEREMONIES Mayor Baldwin swore in new Councilmember Norman Agee, Sr. to Place #3, Timothy G. Swinney to Place #4 and Ken Greenwald to Place #5. (Mr. Swinney's wife and children were present for his swearing in.) At this Council City. time Mr. Sawyer was presented a gift from and Staff in appreciation for his service to the the #9 CITY MANAGER'S REPORT: Announced that the Audit Committee will meet at 10:00 a.m. next Monday. #10 ITEMS BY COUNCIL: Mr. McDonald: Remarked that while attending the bond committee meetings, he heard a lot of people saying the City needs sidewalks along FM 3009 and Schertz Parkway. Mr. Potemoa: Stated the City received acknowledgement from the Governor regarding our nomination of Fritz Schlather to the Board of Directors of GBRA representing Guadalupe County. Mr. Aoee: Commented it is an honor to sit in the chair previously occupied by Earl Sawyer. When he was Police Chief he felt he gave a lot to the City, but feels he has some left for Council. Mr. Swinnev: A. Reported the Capital Improvements Review Committee meetings have been going well and the last one was last night at the Community Center. B. Indicated it was professional manner, voters turned out. nice to see the election handled in a but it's a shame only 10% of the C. Mentioned seat vacated good-by to Mr. he was not sorry he had voted to fill by Dereda Burkett with Earl Sawyer. Sawyer and welcomed Mr. Agee aboard. the Said D. Thanked his wife Lorraine for all her support. Mr. Greenwald: A. Deferred to his neighbor who wanted to speak to Council. Barbara Englebert where the Village that is totally of 1000 Gettysburg Drive stated she lives Subdivision ends. There is a large tree, dead, that keeps falling off into her -249- easement. At least a year ago she called the City Inspector and had him come out. He said he would look into it to see what could be done and nothing was done. She has called him four times and had him out to the property twice. Still nothing was done, so she took time off from work and came to City Hall and asked to see whoever was above him. Mr. Simonson was not there, so she spoke with Denise Granger who said she would pass the message on to Mr. Simonson. She gave it a little time and then she called Mr. Simonson and he said he had discussed this with Ms. Granger and would look into it. Nothing happened, never heard from him, so she called back again. He asked her to refresh his memory on that and she went through the whole thing again. She cannot clean her easement because of all the tree limbs - they are large ones. Some of the debris is as tall as she is. Something needs to be done. Mayor Baldwin asked who owns the property with the tree on it and was told by Mr. Sweatt it is the property at 928 Beck Street. The Mayor then asked if Mr. Simonson or the City Inspector indicated to her they could do something about it. Ms. Engelbert replied no, they just kept telling her they would look into it. Mr. Sweatt apologized to Ms. Engelbert for the inconvenience to her caused by the staff, asked her for her phone number and promised to get back with her. B. Commented he will miss Earl Sawyer and welcomed Norman Agee to the Council. #11 ITEMS BY MAYOR: Reported he and Mr. Sweatt attended a meeting today with Edmund Kuempel and the Directors of the Guadalupe County Underground Water District. The District explained their side of the story regarding cloud seeding and feel the legislature will pass the bill. They are concerned that after the legislature passes the bill, it has to go to a vote of everyone in the County. They don't want votes in the City of Schertz to destroy their efforts. The agreement we got with them was to drop Schertz totally out of the Guadalupe Underground Water District. We won't have to participate, won't take part in an election and won't be charged any taxes. Representative Kuempel made it pretty clear to them he would not support the bill unless it had a one-cent cap. Any time Schertz decides it's necessary to be in the Guadalupe County Underground Water District, they can join. Mr. Sweatt added they first looked at excluding the City of Schertz and our participating water service area. That would mean no customer of the City has to participate in the payment of EAA fees and then turn around and pay taxes to the Guadalupe County Underground Water District. There are, however, a couple of problems with that. If we move the line to the EAA District boundary in Guadalupe County, that would work as well except there is tip of that area -250- that is in the watershed of two of those three formations. What they're suggesting now is that we exclude from taxation everything that is in the Edwards boundary in Guadalupe county, but not exclude any rule-making or authority of regulating any groundwater other than that of the Edwards. If we participate in the regulating aspect, then we participate in the elections thereof. This has not been agreed upon yet. He needs to get with Representative Kuempel and let him know Schertz's position on it. Council briefly discussed some of the possibilities. The Mayor indicated it was a good meeting and they will keep Council informed. B. Welcomed Norman Agee aboard. #11 ADJOURNMENT: On a motion by Mr. seconded by Mr. Potempa and unanimously meeting was adjourned at 8:15 p.m. Swinney carried, and the Mayor, City of Schertz, Texas ATTEST: ~ tlt:t::/,...u.-' City Secretary, City of Schertz -251- '.. " ,