ccreg 07-01-1997REGULAR MEETING OF THE CITY COUNCIL
JULY 1, 1997
The Schertz City Council convened in Regular Session on
Tuesday, July 1, 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; Norman Agee, Sr.; 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: Special Session 5 -19 -97
Mr. Greenwald moved to approve the minutes for the Special
Session 5- 19 -97. Mr. McDonald seconded the motion, which
carried with the following votes:
AYES: Councilmembers McDonald, Potempa, Agee, Swinney and
Greenwald.
NAYS: None.
#2 HEARING OF RESIDENTS: Those citizens wishing to
speak on agenda items (other than public hearing items) or
items not on the agenda, will be heard at this time.
A. George Mower of 501 Brooks Avenue stated he came to
speak about the Cibolo Creek. He thinks something ought to
be done before a human life is lost down there. He would
like to see the City buy the land along Cibolo Creek and
create another beautiful park. The City has a bad general
image - he received a lot of calls from people all over the
country who know he lives here asking if he was okay. It
would help the image of Schertz if something was done so
that people who, for one reason or another, choose to live
in a place like that would have it taken out of their
hands. The City would be well advised to make it where it
isn't habitable any more.
Mayor Baldwin asked Mr. Mower if he's talking about the
mobile home park and Mr. Mower replied yes, the area where
it floods all the time. He knows the land makes a lot of
money for the owner and if the City were to buy it, they
would have to pay a fair market price based on the earning
capacity of the land. However, he feels that's a necessary
step the City should consider.
_ Mayor Baldwin admitted there's some concern on his part
about mobile homes going back in there. He intends to make
it a matter of discussion at some future date.
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Mr. Sweatt reported letters are going out, stating that
under the federal flood insurance program, if 508 or more
of the structure is damaged it cannot be replaced back into
the facility. In other words, Pecan Grove Mobile Home Park
will not be able to rebuilt unless they can bring it up out
of the 100 year floodplain. There is a possibility it
could be used as an RV facility.
Mr. Agee asked what plans the new owners have for it. Mr.
Sweatt replied he believes the owners are aware of the
situation and will probably try to do something with RV's.
Mayor Baldwin observed it would make a great KOA campground
if it were on a major highway somewhere.
Mr. McDonald asked if the same rules apply to Lakewood
Acres and Mr. Sweatt answered that's outside the City
limits and those people will have to deal with Bexar
County.
Mr. Greenwald inquired if FEMA has actually said they
won't provide flood insurance. Mr. Sweatt replied no -
that's just what the rules say. That's what Council
adopted when they approved the FEMA flood insurance
program.
Mr. Sweatt commented there is reason to believe some of
the flooding may have been above the 100 year floodplain
level.
#3 PUBLIC HEARING: To receive citizen comments on a
request from Paul John for a Specific Use Permit allowing
him to place a mobile home residence on his General
Business property for a period of time not to exceed three
(3) years.
Mayor Baldwin explained the rules of procedure to be
followed for the public hearing.
Mr. Sweatt pointed out the location of the property on the
map. He mentioned that two (2) letters had been sent to
property owners within the required distance and two (2)
were returned in favor. The John family is aware of the
zoning and the Planning and Zoning Commission voted to
recommend that a public hearing be held.
Mr. John advised Council they will be putting a double
wide mobile home on the property for his grandson who will
be working for him. Also they called Seguin about the
septic system and were told it's no problem to hook onto
it.
Mr. Mower asked if there's an existing business on the
property now and Mr. John answered they've had a welding
shop there since 1942. Mr. Mower then commented he
doesn't see why anyone would object to this request.
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There being no further questions or comments, Mayor Baldwin
closed the public hearing.
#4 Consider and take action on above request for a
Specific Use Permit.
Mr. Potempa moved to approve the request from Paul John
for a Specific Use Permit allowing him to place a mobile
home residence on his General Business property for a
period of time not to exceed three (3) years. Mr. Swinney
seconded the motion, which carried with the following
votes:
AYES: Councilmembers McDonald, Potempa, Agee, Swinney and
Greenwald.
NAYS: None.
#5 ORDINANCE: Consider and take action on final
reading of Ordinance revising the Code of Ordinances,
Chapter 12 1/4, Nuisances, Article II, Noise.
Mayor Baldwin introduced an ordinance and read the caption
as follows:
NO. 97 -C -19
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, PROVIDING THAT THE CODE OF ORDINANCES,
CITY OF SCHERTZ, TEXAS, BE AMENDED BY REVISING
CHAPTER 12 1/4, NUISANCES, ARTICLE II, NOISE;
AND PROVIDING A REPEALING CLAUSE.
Mr. Greenwald moved to approve the final reading of an
ordinance revising the Code of Ordinances, Chapter 12 1/4,
Nuisances, Article II, Noise. Mr. McDonald seconded the
motion, which carried with the following votes:
AYES: Councilmembers McDonald, Potempa, Agee, Swinney and
Greenwald.
NAYS: None.
#6 ORDINANCE: Consider and take action on final
reading of Ordinance annexing 35.31 acres of land out of
Comal County (Forbes property).
Mayor Baldwin introduced an ordinance and read the caption
as follows:
97 -A -20
_ PROVIDING FOR THE EXTENSION OF THE BOUNDARY LINES
OF THE CITY OF SCHERTZ, TEXAS BY THE ANNEXATION
OF A TRACT OF LAND CONTAINING 35.31 ACRES OUT OF
COMAL COUNTY.
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Mr. McDonald moved to approve the final reading of an
Ordinance annexing 35.31 acres of land out of Comal County.
Mr. Agee seconded the motion, which carried with the
following votes:
AYES: Councilmembers McDonald, Potempa, Agee, Swinney and
Greenwald.
NAYS: None.
#7 ORDINANCE: Consider and take action on final
reading of Ordinance rezoning approximately 30 acres out of
Bexar County from Mobile Home Subdivision (MHS) to
Residential/ Agriculture (R /A) (Cliff Johnson property).
Mr. Potempa moved to table action on this Ordinance not to
exceed 60 days. Mr. McDonald seconded the motion, which
carried with the following votes:
AYES: Councilmembers McDonald, Potempa, Agee, Swinney and
Greenwald.
NAYS: None.
#8 FENCE: Consider and take action regarding Dimrock
detention pond fence.
Mr. Sweatt reminded Council that included in their packets
was a revised estimate for the cost of fencing the
detention pond located at the end of Dimrock. The entire
job is based on estimates for areas A, B, C, and D and some
gates. That cost is $5,719.80. The original cost as of
January of 1997 was estimated at $5,569.80.
Mayor Baldwin asked if the City solicited bids and Mr.
Sweatt replied they did not. If it's the wish of Council
to do the whole job, then they will have to solicit bids.
Mr. McDonald asked where area A is and was told it is from
where the fence ends now at the edge near the drainage
ditch around and down beside the tie -in to the abutting
property owner's existing fence.
Mr. Sweatt went on to say area B is along the backside
where there is a barbed wire fence now. Area C is the long
leg that comes down toward Masks Road where there is a
barbed wire fence now. Area D is from the backside of the
property along and parallel with Maske Road over to an
existing barbed wire fence and is across the spillway area.
Mr. McDonald felt it was important at this time to finish
off the circle on the cul -de -sac. Mr. Sweatt admitted
they would probably need to put in another gate and some
line posts. Also, the plat doesn't do the 133 feet
justice. The best thing that could happen would be to sell
that to the abutting property owner. It's obviously a
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piece of land that couldn't be used for any purpose. There
was a brief discussion on all the areas.
Mr. Swinney asked if it's feasible to do part of this work
through community service or through the Public Works
Department. Mr. Sweatt answered Public Works has a full
boat and community service people would not be qualified.
Mr. Greenwald observed the cost has already escalated, so
wouldn't it be better to do the entire project now.
Mr. Agee commented his feeling is if they do it all now
and go out for bids, the price might come down.
Mr. McDonald moved to authorize the City to go out for
bids for the fencing of the Dimrock detention pond. Mr.
Swinney seconded the motion, which carried with the
following votes:
AYES: Councilmembers McDonald, Potempa, Agee, Swinney and
Greenwald.
NAYS: None.
#9 CITY MANAGER'S REPORT: A. Reported they have spent
last week and this week with representatives of the State
- disaster program and with the FEMA people. There are two
prongs to the program. One is called Individual Assistance
which is business and residence. They viewed all the
damage and looked in detail at some of the areas and
generally accepted the City's estimates and the estimates
of both Cibolo and Guadalupe County. They don't know if
those, combined with other figures in the Hill Country,
will qualify them for a federal disaster declaration.
The other arm of the program is called Public Assistance.
It is for damage to public facilities and public property.
The City reviewed not only the time, material and personnel
involved in rescue, but also debris removal and all the
damage to various City facilities. They toured those with
staff and made substantial reductions in estimates of
damage and indicated they don't think the City will
qualify. The City of Schertz is the only one in Guadalupe
County that had significant public damage.
The numbers have been submitted. Tho only project not
quantified is the low water crossing. They will have to
wait until the waters recede and take a look at it.
Mr. McDonald asked if public assistance includes clean -up
of the creek bed. Mr. Sweatt answered only that portion
in our City.
B. Related the Red Cross has utilized the Community Center
for the housing of a number of families and the feeding of
a number of others. As of today, they are finished with
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the housing portion of it. They are continuing to work
with the community in terms of qualifying and counseling
and are using the Schertz Elementary School building. They
brought him a facility agreement because it's important to
them that they have a signed agreement. It does call for a
charge and has no amount in it. He thought the City would
probably not charge for the use of the facility. What is
Council's pleasure? The consensus of Council was the Red
Cross should not be charged.
Mr. Mower suggested giving the Red Cross a heartfelt
thanks and tell them they owe the City nothing.
Mr. Swinney referred to all the deceased animals and asked
how the Animal Control Facility is handling things. Mr.
Sweatt replied the carcasses are picked up by Alamo Waste.
in most cases it's Alamo Waste's responsibility to pick up
those carcasses.
Mr. Sweatt indicated that Alamo Waste ha
in areas where they have no jurisdiction.
18 roll -off units in those areas at no
Beck Concrete has waived their tipping
County is supposedly taking over the
Lakewood Acres area.
s done yeoman work
They have placed
cost to anyone.
fees and Bexar
clean -up of the
Mr. Swinney commented he had observed a lot of extra
residential trash. Mayor Baldwin advised he had spoken
with Commissioner Novak's office yesterday and asked if
they could get some County assistance in helping defray
some of Henry Gutierrez's cost. They said they would see
what they could do.
Mayor Baldwin asked if Chief Woodward had compiled a list
of the agencies who helped. Mr. Sweatt replied there is a
list going and he assumed the Council would want to send
separate letters to those agencies.
Mr. Potempa related that Pia Jarman told him Sonic was the
first to come through with food.
C. Told Council that on the 4th of July there will be two
businesses (Batter Up and Mary's Little Lambs) charging for
parking to help defray some of their costs from flood
damage.
D. Announced the City's computer system crashed today.
E. Made Council aware
the moment. There's
the ETJ of the City
right -of -way line of
behind Bill Miller's
Schertz built wastewi
through condemnation
service. No one can
of an issue he is struggling with at
an area outside the City limits, in
of Cibolo, reaching from the north
Wiederstein Road along IH -35 down
B -B -Q. In 1983 or 1984 the City of
iter /sewer collection lines and went
proceeding in order to get sewer
tell him why CCMA didn't build the
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collector lines. For some reason or another, this line was
built and paid for by the City of Schertz. They were
approached several months ago by the owner of a portion of
the property requesting sewer service. They informed him
the City does not provide sewer service outside the City
limits. The owner then asked that he be considered for
annexation by the City, but he hadn't heard anymore from
him until they were recently approached by CCMA proposing
the City give them this sewer line so they can extend
services to the property owner. How do we say no?
Mr. Sweatt said it is his understanding the developer
proposes to develop a modular home gated community and has
encouraged the development by contacting one of the City's
taxpayers to put pressure on the City. It is going to be a
difficult problem to develop outside the City limits.
Mr. Sweatt noted he can see no advantage to doing this.
The City is not certified to service the area although they
could get certified. CCMA would like to get the line and
the developer would like to have access to the sewer. It
is a real dilemma and he just wanted Council to be aware.
E. Announced he will be on vacation next week.
F. Reported there's over $7500 in the Schertz Flood Fund.
They have paid out about $4600. A board of people from the
City reviews the applications.
#10 ITEMS BY COUNCIL: Mr. Greenwald: A. Commented
it appears the State is fixing the potholes on FM 78.
B. Suggested that one thing they need to put in the
Emergency Checklist is a flyer about disinfecting
everything.
Mayor Baldwin asked if a Certificate of Occupancy is
required to move back in. Mr. Sweatt replied no, the
utilities are being withheld until it's safe to move back
in.
C. Noted he appreciates Mr. Sweatt's letter to Mr.
Hammons.
Mr. Swinnev: A. Invited everyone to bring a big bag of
candy to the 4th of July parade at 9:15 a.m. and help
distribute it.
B. Proposed they have Bill Miller's cater a dinner for
those employees and their spouses who worked hard during
the flood crisis. Mr. Sweatt related he had been asked if
City Council would consider an extra holiday in lieu of
July 4th (because so many are involved in the 4th of July
Jubilee), but they certainly would consider a meal. Mr.
Swinney asked Mr. Sweatt to consider sometime in late July
or early August. Maybe Council could do the serving.
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C. Reported talking with Tom Dovey's son who said his dad
is in bad health. He doesn't know the details, but maybe
the City could send a card.
D. Said Mr. Sweatt had mentioned they learned a lot of
good and a lot of bad things that occurred during the
flood. It would be good to document these things and have
a compilation for a reference source.
E. Read a speech, from Colonel Thorsness who was a
Prisoner of war during Vietnam, called "Mike's Flag ".
Mr. Agee: A. Mentioned he had heard rumors that the Beck
Concrete channel is causing water problems. Is there any
truth to it? Mr. Sweatt replied they are investigating
Beck Concrete's TNRCC permit. He would be interested in an
aerial view, but they haven't been able to get a second
helicopter.
B. Stated he was told one person on the Jubilee Committee
is under the impression the City will take over the Jubilee
next year. Mr. Sweatt commented he had told them the City
could help get the floats organized.
C. Extended accolades to everyone who helped during the
flood. Robert Fleming at 200 Maple, who suffered a lot of
damage, called him and said he would like to hear the word
interdependence spoken during a speech at the 4th of July
Jubilee.
Mr. Potemoa• A. Related there was an article in the
Wingspread about the base closing two recycling plants. Do
you think Schertz had a part in it?
B. Pointed out the July 30th workshop is missing on the
Dates to Remember listed in the Newsletter.
C. Mentioned the Commissary received a nice letter from
BVYA asking for food and money.
Mr. McDonald: Inquired if anything at the Palms
Apartments is condemned. Mr. Sweatt replied the status is
two things. The Palms Apartments were moving some people
in before things were done and that has stopped. He
doesn't think the electrical service has been restored yet.
Also, he doesn't know if they sustained 508 damage or not.
The word "condemned" has not been used, but the City did
prevent the owner from re- occupying the premises.
#11 ITEMS BY MAYOR: A. Mentioned he heard that Jerry
Graham's wife, Binky, had some kind of serious surgery.
B. Read a letter from Chris Bice, Samuel Clemens High
School, regarding an upcoming Student Safety Council event
and asking for donations of items such as caps, T- shirts,
etc. for the swap shop. He needs to know by July 7th
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whether the City will donate anything.
problem with donating a few things.
C. Stated he likes the project report.
the volume of it.
Council had no
He was amazed at
Mr. Swinney said he forgot to let Council know he spoke
with the pool manager over the weekend and asked him how
the no- smoking policy was going and was told it has been
very well received. A lot of good comments have been made
about it.
#12 EXECUTIVE SESSION: Called under Chapter 551 Texas
Government Code, sub - section 551.074, Personnel Matters, to
deliberate the evaluation of the City Manager.
An Executive Session was held from 8:20 p.m. to 9:55 p.m.
#13 Consider and take
Executive Session.
No action was required.
action, if any, on above
#14 ADJOURNMENT: On a motion by Mr. Potempa and
seconded by Mr. Swinney and unanimously carried, the
meeting was adjourned at 9:56 p.m.
Mayor, City of Schertz, Texas
ATTEST:
City Secretary, City of Schertz
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