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).
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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.
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#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
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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.
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---
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
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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,
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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
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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
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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
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