ccreg 12-19-1995
REGULAR MEETING OF THE CITY COUNCIL
December 19, 1995
The Schertz City Council convened in Regular Session on
Tuesday, December 19, 1995 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; Charles McDonald; Earl Sawyer;
Timothy Swinney and Ken Greenwald. Absent: Councilmember
Joe Potempa. 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.
#! SWEARING IN OF MAYOR PRO TEM
City Secretary, Norma Althouse, swore in Councilmember Ken
Greenwald as Mayor Pro Tem.
it2 APPROVAL OF MINUTES: A.
B.
C.
Special Session 11-15-95
Regular Session 11-21-95
Special Session 11-29-95
A. Special Session 11-15-95
Mr. Swinney
Item it9 where
stated it was
have been Mr.
sure.
referred to page 7, three paragraphs above
it says Mr. Swinney asked Mr. Wood and
not him that asked the question. It might
McDonald. Mr. McDonald didn't know for
Mr. Swinney then moved to page 10, first paragraph, third
line, where it says This iust come acros~ and asked that it
be changed to This iust comes across.
Also on page 10, third paragraph, the last sentence doesn't
make sense.
Again, on page 10, fourth paragraph, the phrase have to
prove should be changed to have to aDorove.
Lastly, Mr. Swinney commented under it11 ITEMS BY
there is some dialogue missing between him
McDonald about who could afford drug payments and
like to have it included.
COUNCIL,
and Mr.
he would
It was decided to have the City Secretary check out the
tape. Approval of the Special Session 11-15-95 minutes was
suspended until the next regular meeting.
B. Regular Session 11-21-95
C. Special Session 11-29-95
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~~
Mr. Greenwald ~oved to approve the minutes for the Regular
Session 11-21-95 and the Special Session 11-29-95. Mr.
Sawyer seconded the motion, which carried with the
followin. votes:
AYES: Councilmembers McDonald,
Greenwald.
Sawyer, Swinney
and
NAYS: None.
At this time Mayor Baldwin turned the meeting over to Steve
Simonson for presentation of the Christmas Lighting awards.
Mayor Baldwin announced the winners and Mr. Simonson
presented their awards to them. The awards were a
certificate and a Christmas decoration with the year, place
won and City theme on the back.
Businesses
Best Theme:
it1 Kountry Kitchen
#2 Post Office
Best Lighting:
#1 Pecan Grove Mobile Home Park Office
it2 Riedel's Furniture Store
Creativity:
itl Metro Ambulance
it2 Pecan Grove Mobile Home Park Office
Residences
Best Creativity:
it1 Tommy Hunter - 528 Curtiss
it2 Maurice & Tina Kempen - 524 Curtiss
Best Theme:
#1 Brummett Family - 509 Mitchell
it2 Leroy Cinnamon - 1208 Spicewood
Best Lighting:
#1 James & Cindy Hiebert - 521 Exchange
it2 Matt & Mary Alexander - 103 Pentonville
Best Combined:
itl The Dewinne's and the Wyatt's - 100 and 104 Howard
#2 None
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~Decial Judae's Award
Spirit of Christmas:
Maggie Pena - 1037 Live Oak Road
All the winners were congratulated and received a nice
round of applause from everyone present.
A lady in the audience mentioned the idea of giving
residents the option to pay an extra dollar on their water
bills and six months out of the year it could go toward
paying for fireworks and the other six months it could go
toward paying for Christmas lighting decorations. Mayor
Baldwin told her it was a good idea and Council would talk
it over.
it3 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
A. Sam Bledsoe of MBC Engineers distributed a map and a
letter to the members of Council. Mr. Bledsoe stated he
was representing Rita Russell of 528 Main Street who owns
property on Nell Deane Drive and had requested the rezoning
of a two acre tract from General Business (GB) to
Single-Family Dwelling Residential (R-2) and the request
was denied by the Planning and Zoning Commission. They
denied it based on two factors, the location of the
property in the AICUZ (it's in Zone 1) and the noise
consideration. MBC Engineers did a little more research
and he is here tonight to present more information in the
hopes Council will ask Planning and Zoning to reconsider
the rezoning request.
Mr. Bledsoe mentioned there's a twenty-three acre tract of
land that fronts on FM 1518 and backs up to Oak Street.
The Randolph Christian Church is already in existence on
Nell Deane. The property in question was a piece of this
twenty-three acre tract. Mr. Bledsoe suggested the best
possible use of the land might be to let the bottom part of
it be commercial and let the top part be residential since
there's a church there already and the families on Oak
Street have been there for years. There's a drain that
comes out of commercial development which will pretty much
cut the property in half. It drains Commercial Place and
comes all the way back down through the park and down to
the creek. They feel Nell Deane will never be extended on
out and also feel the two-acre tract is conducive to
residential zoning.
B. Jerry Morgan, who has a contract on one of the two
in the two-acre tract, commented he had canvassed all
homes on Nell Deane and Oak Street within 200' of
property and they all expressed the opinion they would
for the property to be zoned residential.
lots
the
this
like
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Mr. Morgan commented, as far as the noise, Mr. Murphy,
who also has a contract on one of the two lots, has lived
in the Universal City area, in the AICUZ, for the last
ei.<3ht yeal:s. Mr. Mor1an s~~d, he\\fs Uvea. i.n \'i.\')Ql~ ~~y*y
the planes fly over all Eh~ ~l~~,!so they don't see the
noise factor as a problem.
Mr. Bledsoe interjected this looks like a situation that
could work and he would like to see Planning and Zoning
reconsider their decision on the rezoning request.
Mr. Swinney asked Mr. Bledsoe what kind of concerns he
has about a T-38 crashing in the area. Mr. Bledsoe's
answer was that most of Schertz, Cibolo and Universal City
have the same problem.
Mr. Swinney remarked he has worked air space .management
with the Air Force and has a lot of experience dealing with
noise complaints and also the safety factor. The Air Force
spent a lot of money developing these zones just for public
safety, not as a demand to communities but as a suggestion.
Mr. Swinney also mentioned his experience as a pilot and
said if he's measuring this right, the proposed residential
zoning would be in the area where planes are only 600-700
feet above the ground and he doesn't know if that level of
noise will be tolerable.
Mr. Bledsoe pointed out the property is on the outer
limits of the APZ I, not right on the middle of the runway.
Mr. Swinney noted it appears to be about one block to the
side of the center line.
Mr. Greenwald referred briefly to all his years in the Air
Force and his years of experience in repairing airplanes
and emphasized that APZ 1 is an acronym for Accident
Potential Zone I - the most likely crash zone.
Mr. Swinney expressed concern about liability and Mr.
McDonald noted the potential for bigger airplanes. Mr.
Greenwald felt. the City should adhere to the low density
recommended by AICUZ and Mr. Swinney also felt it would be
prudent to follow those guidelines.
Mayor Baldwin explained that Schertz agreed to a policy
with Randolph some years ago to protect the base from
encroachment and keep these zones as clear as possible.
Once a precedent is set which violates that agreement, then
it's hard to stop the flow. We need Randolph and don't
want to see it on a list like the one Kelly is on.
The Mayor then asked what the procedure is for MBC
Engineers to go back to the Planning and Zoning Commission
for appeal. Mr. Sweatt replied the denial by Planning and
Zoning was preparatory to calling a public hearing. They
reviewed the request and found there was no way they could
favorably consider the rezoning, so no public hearing was
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recommended.
Mr. Sweatt went on to say the request from MBC Engineers
is that the Planning and Zoning Commission be asked to
review this again. Council has asked Planning and Zoning
in the past to reconsider issues and they have done that.
In some cases the results have been favorable and in others
they have not. This is simply an advisory action on the
part of City Council.
Mr. Greenwald felt nothing has changed since Planning and
Zoning reviewed the request. Mr. McDonald felt the City
would be opening up a Pandora's box by allowing the homes
to be built. Mr. Swinney reiterated his feelings about
following the guidelines of the AICUZ.
Mayor Baldwin, acknowledging it doesn't appear Council
would be in favor of the rezoning, aske~ what the next step
is and Mr. Greenwald answered they can apply again after a
year. Mr. Bledsoe thanked the Council for their time and
their consideration. Mr. Swinney advised Mr. Bledsoe to
call the people at Randolph.
it4
reading
Chapter
Swimming
ORDINANCE: Consider and
of an ordinance amending
12 1/2, Attachment "B",
Pool Facility.
take
the Code
Use and
action on final
of Ordinances,
Regulations of
Mayor Baldwin introduced an ordinance and read the caption
as follows:
ORDINANCE NO. 95-M-38
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 1/2, ATTACHMENT "8" OF SAID CODE,
PROVIDING FOR THE USE AND REGULATIONS OF SWIMMING
POOL FACILITY; REPEALING ALL ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT.
Mr. Swinney moved to approve the final
ordinance amending the Code of Ordinances,
Attachment "B", Use and Regulations of
Facility. Mr. Greenwald seconded the
carried with the following votes:
reading of an
Chapter 12 1/2,
Swimming Pool
motion, which
AYES: Councilmembers McDonald,
Greenwald.
Sawyer, Swinney
and
NAYS: None.
it5 AMENDMENT: Consider and take action authorizing
budget amendment regarding crossing guard program.
Mr. Sweatt reminded Council that in their earlier
discussion about child safety fees and those funds that are
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expected to be derived from fees associated with certain
Municipal Court violations, they mentioned the need for a
third crossing guard at Randolph and Aero as well as a
l:evision to the crossinq qU.,ard~ar; It is recommended we
.. , ,. ,I I '" I t 1 b ·
add that third crossing gu~~d p~sttton when aenOO ~al~~
aga~n ~n January. The overa~1 impact to the budget, a~tex
considering a change which would make the daily rate $10.00
for each of the existing crossing guards and the new
crossing guard, is $1465. It is believed that is
appropriate and can be accomplished in the projected funds
for this coming year. Chief Agee is present to answer any
additional questions.
Mayor Baldwin wondered if a third person can
Chief Agee felt the increased compensation will
an incentive in finding someone.
be found.
help and be
Mr. Sawyer felt a crossing guard is definitely needed at
Randolph and Aero.
Mr. McDonald questioned how much time they put in. Chief
Agee answered on the average about 45 minutes in the
morning and 45 minutes in the afternoon, so approximately
an hour and a half per day.
Mr. Swinney asked if they are eligible for any benefits
and was told they are not. He then mentioned that
Universal City really decks out their crossing guards with
all the bells and whistles. Is that effective? Chief
Agee, saying there's not a whole lot of statistical data
available on that, expressed the opinion he does not wish
to get the crossing guards heavily involved in directing
traffic.
Mr. Swinney asked what kind of authority the crossing
guards have. Chief Agee replied that primarily they come
to the Court Clerk and file their own personal complaint if
the driver or pedestrian can be identified. Fortunately,
the incidents have been few.
Mr.
kind
Mr.
McDonald felt the crossing guards should have some
of apparel for identification. Chief Agee informed
McDonald they are provided with reflective vests.
Mr. Greenwald observed the City is making a step in the
right direction. We need to give it a try for the rest of
the school year and see how it goes.
Mr. McDonald inquired if the City provides them with rain
gear and Mr. Sweatt replied no, but it would not be a
problem to do so.
Mr. Sawyer moved to approve authorization of a budget
amendment regarding the crossing guard program. Mr.
Swinney seconded the motion, which carried with the
following votes:
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,.-
, }
AYES: Councilmembers McDonald,
Greenwald.
Sawyer, Swinney
and
NAYS: None.
After the vote, Mr. Sweatt added that the placement of a
4' x 6' concrete pad at the intersection of Winburn and
Randolph should be in place by the first of the year.
#6 ORDINANCE: Consider and take action on amendment
revising Traffic Code regarding speed limits on IH-35 main
lanes and declaring an emergency.
Mayor Baldwin introduced an ordinance and read the caption
as follows:
ORDINANCE NO. 95-D-39
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 18-76 OF SAID CODE; PROVIDING FOR SPEED
LIMITS ON INTERSTATE 35 MAIN LANES AND DECLARING
AN EMERGENCY.
Mr. Sweatt told Council that with the revision to the
federal speed limits, the State of Texas, through the Texas
Transportation Commission, has authorized and directed
changes to certain speed limits in cities throughout the
State. Those changes for Schertz involve IH-35 from City
limit to City limit. The speed limit for cars will be 70
mph during the day and 65 mph at night. The speed limit
for trucks will be 60 mph during the day and 55 mph at
night.
Mr. Sweatt further
The City feels it
these speed limits
can occur.
stated the signing process
is appropriate for Council
by ordinance so enforcement
is underway.
to approve
activities
Mr. Swinney asked if he understands correctly that it's
really our option, but by approving this ordinance we agree
to follow the policy set by the State. Mr. Sawyer pointed
out the City does not have the authority to set the speed
limit on a State highway. If we disagree with the 70 mph
speed limit, we would have to request that the State lower
the speed to a limit which we think is safer.
Mr. Sawyer ~oved to approve an amendment revising the
Traffic Code regarding speed limits on IH-35 main lanes and
declaring an emergency. Mr. Swinney seconded the motion,
which carried with the following votes:
AYES: Councilmembers McDonald,
Greenwald.
Sawyer, Swinney
and
NAYS: None.
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#7 RESOLUTION: Consider and take action regarding
Resolution supporting TXDoT's. completion of improvements
to IH-35.
Mayor Baldwin introduced a Resolution and read the captIon
as follows:
RESOLUTION NO. 95-R-15
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, SUPPORTING THE TEXAS DEPARTMENT OF
TRANSPORTATION'S COMPLETION OF IMPROVEMENTS TO
INTERSTATE HIGHWAY 35.
Mr. Sweatt advised approval of this Resolution
requested by the City of New Braunfels and will be
with TXDoT. Other cities along the IH-35 Corridor
also been asked to support the Resolution.
was
filed
have
Mr. Greenwald moveq to approve the Resolution supporting
TXDoT's completion of improvements to IH-35. Mr. Swinney
seconded the motion, which carried with the following
votes:
AYES: Councilmembers McDonald,
Greenwald.
Sawyer, Swinney
and
NAYS: None.
#8 APPOINTMENTS: Consider and take action regarding
reappointment of Commissioners to Housing Authority Board.
Mr. Sweatt informed Council they have been asked to
consider the reappointment of Commissioners to the Housing
Authority Board. It has been the practice in the past for
the Mayor to approve the appointments with authority of the
Council. Those being considered for reappointment are
Jackie Jones, Sharon Fruge and Warren Klebig.
Mr. Sawyer moved to approve the reappointment of Jackie
Jones, Sharon Fruge and Warren Klebig as Commissioners to
the Housing Authority Board. Mr. McDonald seconded the
motion, which carried with the following votes:
AYES: Councilmembers McDonald,
Greenwald.
Sawyer, Swinney
and
NAYS: None.
#9 BID AWARD: Consider and take action regarding
award of bid for xeriscape park sidewalk.
Mr. Sweatt related the City received two bids, accompanied
by two alternates, for this project. The apparent low bid
is that of K-D Construction Co., Inc. for $13,869.00.
R.L. Jones Co., Inc. submitted a bid of $16,909.00. It
is recommended Council favorably consider awarding the bid
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to K-D
funds,
accrued
Construction Co., Inc. for $13,869.00.
by the way, are not budgeted funds. They are
through park improvement funds.
These
funds
Mr. Greenwald moved to approve awarding of the bid for the
xeriscape park sidewalk to K-D Construction Co., Inc. in
the amount of $13,869.00. Mr. Sawyer seconded the motion,
which carried with the following votes:
AYES: Councilmembers McDonald,
Greenwald.
Sawyer, Swinney
and
NAYS: None.
itlO CITY MANAGER'S REPORT: A. Noted this is the last
meeting of 1995 and he does anticipate a regular meeting on
January 2nd. Steve Simonson will be serving as acting City
Manager because he will be on vacation. Mayor Baldwin
announced he thinks he also will be absent for the January
2nd meeting.
B. Reported the City received verbal
COPS grant application was approved.
very pleased about this news.
notice today that the
The Police Chief is
#ll ITEMS BY COUNCIL: Mr. Greenwald: Stated there had
been some discussion about the Christmas tree used for the
Christmas Tree Lighting ceremony. Some people think the
City ought to get a 25' blue spruce tree. The cost is
approximately $400 to $600 for the tree and then the
transportation would run from $800 to $1000. Unless a
business or some citizens want to donate a tree, getting
one is not a possibility.
Mr. Sawyer commented he liked the tree used for the
lighting ceremony.
Mr. Sweatt commented it is the City's intent to replace
the old tree that had to come down, probably with a red
oak. However, it will not replace the tree used for the
Christmas lighting ceremony. Mr. Sawyer observed the live
tree would be a nice memorial to someone.
Mr. Swinnev: A. Asked that everyone send thoughts and
prayers to Councilmember Potempa for a speedy recovery.
B. Declared he enjoyed the Employee Awards and Christmas
Party very much.
C. Wished everyone
enjoyed working with
to 1996.
a Merry Christmas and said he had
them this year and is looking forward
Mr. Sawyer: A. Remarked it's a pleasure to have Mr.
Swinney on the Council.
B. Wished everyone a Merry Christmas.
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Mr. McDonaldt A. Asked if there's any update on the
traffic lights for FM 3009. Mr. Sweatt replied the new
District Engineer does not have the benefit of the previous
QleCU~~~9nf iY ni'g ~nlormlng nirn about tn@ ai~cu~~ion with
the previous District Engineer. He mailed him a map and
some statistics about residents in the area. They will
probably schedule traffic counts after the first of the
year.
B. Wished everyone a Merry Christmas and a Happy New Year.
IH2 ITEMS BY MAYOR: A. Mentioned he received a
today from Mark Campos, who's with Moody's, informing
the school district has been upgraded to an A rating.
call
him
B. Remarked he has had several complaints about people
walking and jogging and riding bicycles along FM 3009 who
still think the two outside lanes belong to them.
Mr. Swinney told the Mayor Texas should join the rest of
the United States in the 21st Century. California, for
example, provides lanes for these types of activities.
C. Reported that at the Northeast Partnership meeting last
month they were finally able to organize and elect
officers. The Mayor was elected Chairman and Mr. Sweatt
was elected Treasurer. The Partnership voted to join the
San Antonio Economic Development Foundation and the San
Antonio Austin Corridor Council. A State representative
came to the meeting who is looking for a 60 to 100 acre
tract of land donation to bring a junior college to the
area.
#13 ADJOURNMENT: On a motion by Mr. Sawyer, seconded
Mr. Greenwald and unanimously carried, the meeting was
adjourned at 8:00 p.m.
Mayor~ City of Schertz, Texas
ATTEST:
~ IU-h/~
City Secretary, City of Schertz
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