ccreg 09-17-1996
REGULAR MEETING OF THE CITY COUNCIL
SEPTEMBER 17, 1996
The Schertz City Council convened in Regular Session on
Tuesday, September 17, 1996 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; Joe Potempa;
and Ken Greenwald. Absent: Councilmembers Earl Sawyer and
Timothy Swinney. 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.
#l HEARING OF RESIDENTS: James Gibler of 1528 Mt.
Laurel spoke regarding the proposed Intermediate School in
the Greenshire Subdivision. He started by saying he is not
categorically opposed to neighborhood schools. His concern
is about safety. He made a presentation to the School
Board on August 22nd and had written a letter to Dr.
Springer. Last week he talked with the Planning and Zoning
Commission.
Mr. Gibler had a diagram showing the runway at Kardy's
Airport. From the end of the runway to the proposed school
site it is approximately 3400 feet. The second sheet of
the data he provided to Dr. Springer concerns data from
1983 through 1995 concerning catastrophic engine failures
during the take-off phase of flight. A catastrophic engine
failure in this area would almost assuredly force the pilot
into a straight ahead descent. This is a significant risk
to the school and especially during the winter when the
school has maximum occupancy. He is hopeful further
consideration and research will be devoted to this issue.
He feels the proposed school location is a potential hazard
to students.
Mr.
and
data
McDonald asked how many take-offs
Mr. Gibler answered that's a fair
is available to determine that.
this data represents
question and further
Mr. Potempa asked why they're building a school at the end
of a runway. Mayor Baldwin replied the School Board
determined that was the best site. Mr. Potempa then asked
how many accidents there had been at Kardy's and Mr.
Gibler replied there had been two in the last two years.
He doesn't think a member of the School Board will give you
this information. When he talked with Dr. Springer, he
was assured Mr. Rehmann was looking into the situation.
Mayor Baldwin thanked Mr. Gibler for his concern.
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#2 ORDINANCE: Consider and take action on final
reading of ordinance rezoning 121 acres from Planned Unit
Development/General Business/Light Industrial (PUD/GB/M-1)
to Residential Dwelling District (R-6) Gated.
Mayor Baldwin introduced an ordinance and read the caption
as follows:
ORDINANCE NO. 96-S-29
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, AMENDING THE UDC ORDINANCE NO. 96-S-28 BY
REZONING APPROXIMATELY 121 ACRES OF LAND OUT OF
GUADALUPE COUNTY AND REFLECTING SUCH CHANGES ON
CERTAIN ZONING MAPS IN ACCORDANCE WITH THE
SCHERTZ UDC ORDINANCE.
Mr. Sweatt pointed out the location of the property on the
map. It will include both gated and ungated communities.
It calls for an extension of Wiederstein Road through the
property from the Live Oak Hills Subdivision out to FM
3009. The property includes a substantial amount of
overhead wires and major transmission lines and the area
under those will be devoted primarily to hiking and biking
trails. Also included in the rezoning request is a
variance to build on 55' wide lots provided that not more
than 30% of the development contains those size lots and
also provided that all the lots meet the 6000 square foot
requirement.
Mr. Potempa moved to approve the final reading of an
ordinance rezoning 121 acres from PUD/GB/M-1 to R-6 Gated.
Mr. Greenwald seconded the motion which carried with the
following votes:
AYES: Councilmembers McDonald, Potempa and Greenwald.
NAYS: None.
#3 PUBLIC
request from
for a Specific
HEARING: To
PCS PRIMECO,
Use Permit.
receive
Personal
citizen comments on a
Communications, Inc.
Mayor Baldwin explained the procedures to be followed for
the public hearing.
Mr. Sweatt advised this is a request to allow PCS PRIMECO
to erect a cellular phone tower at the rear property of the
Cibolo Valley'Baptist Church. The Church has no objection
and has sent a letter of endorsement regarding the request.
Two letters were sent to property owners within the
required distance and the Church had the only reply.
Planning and Zoning recommended City Council hold a public
hearing on this request.
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Monty Pruitt from PCS PRIMECO was present to make a
presentation and answer questions. Mr. Pruitt stated the
tower will be contained within a chain link fence topped by
three strands of barb wire. It will be an unmanned
facility and will give them blanket coverage between San
Antonio and Austin.
Mr. Sweatt mentioned the
the tower and Mr. Pruitt
co-locating, however the
through the Church.
possibility of future sharing of
admitted they are not opposed to
applicant would have to work
Mr. McDonald asked if this cell service will cover the
area from 1-10 to Houston and Mr. Pruitt answered they are
working on that. As a matter of fact, they are working on
several sites along major freeways.
There being no further questions, Mayor Baldwin closed the
public hearing at this time.
#4 Consider and take action on the request from PCS
PRIMECO for a Specific Use Permit.
Mr. Greenwald moved to approve the request from PCS
PRIMECO for a Specific Use Permit allowing them to erect a
cellular tower at the rear of the property of the Cibolo
Valley Baptist Church. Mr. McDonald seconded the motion,
which carried with the following votes:
AYES: Councilmembers McDonald, Potempa and Greenwald.
NAYS: None.
#5 PUBLIC HEARING: To receive citizen comments on
the proposed budget for fiscal year 1996/97.
Mayor Baldwin once again explained the procedures to be
followed for the public hearing.
Mr. Sweatt advised the proposed budget had been filed with
the City Secretary on August 1st in accordance with the
City Charter and with State law. The total expenditures
for all funds is recommended to be $6,900,966. Revenue in
all the funds meet or exceed proposed expenditures. They
have held four budget workshops. Two action items have
been placed on the agenda tonight - one for approval of the
budget and the other for adoption of the tax rate should
Council be satisfied with the budget. The General Fund
represents a major expenditure of the City's operations and
that includes a recommended tax rate of $0.37l9 per $100
evaluation. It is significant to point out that is one
cent below the effective tax rate and represents a decrease
from 1995 of 8.7% in the overall tax rate. The tax rate is
based on the assessed value from the Guadalupe Appraisal
District which was up by 12.9% from the previous year.
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Mr. Sweatt reviewed some of the specific expenditures
contained in the budget. He also mentioned that the
hotel/motel tax is a new source of revenue this year. Part
of the overall budget contains detail sheets of the debt
service. Mark Marquez was commended for his hard work on
the budget and the employees were commended for providing
good services to the community.
At this time
showing among
expenditures,
historical tax
Mr. Marquez presented charts and graphs
other things General Fund departmental
General Fund income, total City revenues,
rate, and historical tax values.
After the charts and graphs were shown, Mayor Baldwin asked
Council if they had any questions. Mr. Potempa expressed
concern about various positions in the City and, said there
seems to be no equalization to them. for example, in the
Fire Department a Lieutenant is a 13 and in the Police
Department a Lieutenant is a 15. The Library Assistant is
a 10 and the SAFES Administrative Assistant is a 14.
Mr. Sweatt, referring specifically to the position of
Lieutenant, stated certainly the titles are the same, but
the demands and scope of activities are sufficiently
different. Mr. Potempa felt the firefighters should be on
the same level as the police officers because they both put
their lives on the line.
Mr. Potempa then asked if at mid-term the City can't look
at raising up some of the lower positions. Mayor Baldwin
commented you can't just look at part of it, you have to
take the whole plan into consideration.
Mr. McDonald agreed the whole plan should be reviewed and
thought they should get some comparisons from other cities.
Mr. Sweatt remarked he has no problem with a mid-term
review and comparisons are available in the area and also
state-wide.
Mayor
If the
at the
Baldwin noted they also need to
City is losing people, then they
figures to see why.
look at retention.
need to take a look
Mayor Baldwin then asked for comments by citizens. James
Harris of FM 1518 and Schaefer Road emphasized this is the
most important night all year in the City of Schertz and
the showing by citizens at this meeting is very poor. He
attended the four workshops where they went through the
budget line item by line item and he's satisfied Council
did a good job. He thinks they're still a little
conservative and there will be money there at mid-year for
the pay raise.
Mr. Harris expressed appreciation for the lowering of the
tax rate. All the safety factors for the emergency
services departments were met. Recycling is in escrow and
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he hopes the money will be returned to the citizens. The
hotel/motel tax is pretty well controlled by ordinance and
by law. Overall, he supports this budget.
Ray Wofford of 1200 Spicewood said this was the first time
he had been able to attend the budget workshops and he
thought they were good with one exception. It's a little
hard for a person to come to a budget workshop, be given a
copy of the budget, and then try to figure out what's being
discussed. Regarding recycling, Kirby and Windcrest are in
the same situation as Schertz. When the time comes for an
increase, he hopes the escrow will subsidize the increase
so the rate stays the same as it is now. That's what was
done in those two cities. He thanked City Council for
their efforts in trying to explain the line items.
Speaking to the government students who.were present, Mayor
Baldwin verified there is a lot of apathy. This is a most
important meeting and the turnout is poor. He told them he
hopes they learned a lesson and will participate in
government when they are adults.
There being no further comments or questions, Mayor Baldwin
closed the public hearing at this time.
#6 ORDINANCE: Consider and take action on ordinance
approving budget for the fiscal year 1996/97.
Mayor Baldwin introduced an ordinance and read the caption
as follows:
ORDINANCE NO. 96-M-30
PROVIDING FUNDS FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 1996 AND ENDING SEPTEMBER 30, 1997, BY
APPROVING THE BUDGET FOR SAID PERIOD AND
APPROPRIATING THE NECESSARY FUNDS OUT OF THE
GENERAL AND OTHER REVENUES OF THE CITY OF
SCHERTZ, TEXAS, FOR SAID YEAR FOR THE MAINTENANCE
AND OPERATION OF THE VARIOUS DEPARTMENTS AND FOR
VARIOUS ACTIVITIES AND IMPROVEMENTS OF THE CITY;
AND DECLARING AN EMERGENCY.
Mr. Greenwald move~ to approve the ordinance regarding the
budget for fiscal year 1996/97 and declaring an emergency.
Mr. Potempa seconded the motion, which carried with the
following votes:
AYES: Councilmembers McDonald, Potempa and Greenwald.
NAYS: None.
#7 ORDINANCE: Consider and take action on ordinance
adopting the tax rate.
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Mayor Baldwin introduced an ordinance and read the caption
as follows:
ORDINANCE 96-T-31
LEVYING AND ASSESSING ALL TAXABLE PROPERTY WITHIN
THE CORPORATE LIMITS OF THE CITY OF SCHERTZ,
TEXAS, FOR THE YEAR 1996; PROVIDING THE BASIS OF
ASSESSMENT OF ONE HUNDRED PERCENT (100%)
APPRAISED VALUE AND PROVIDING FOR THE COLLECTION
THEREOF AT THE RATE OF $0.3719 ON THE ONE HUNDRED
DOLLAR ($100.00) ASSESSED VALUATION AND DECLARING
AN EMERGENCY.
Mr. Greenwald moved to approve the ordinance adopting the
tax rate of $0.3719 per $100.00 assessed valuation and
declaring an emergency. Mr. Potempa seconded the motion.
Mr. Sweatt pointed out that of the $0.37l9
ordinance reflects, $0.3117 is devoted to
maintenance and $0.0602 is debt service.
which the
operation
The vote was then taken and the motion carried as follows:
AYES: Councilmembers McDonald, Potempa and Greenwald.
NAYS: None.
#8 SETTLEMENT AGREEMENT:
regarding settlement agreement
M & M Underground Construction.
Consider and take action
for damage to water line by
Mr. Sweatt advised that almost eighteen months ago a
company was authorized by the utility department to make a
boring on Borgfeld Road. The company broke a major water
line which primarily served the Dove Meadows Subdivision.
Since that time, the City has been pursuing settlement of
this claim. The company is a sub-contractor for
Southwestern Bell. They have offered to settle for
$l2,010.33 and it is recommended Council accept this
settlement.
Mr. McDonald moved to accept the settlement for damage to
a water line of $l2, OlO.33 ~rom M & M Underground
Construction. Mr. Potempa seconded the motion, which
carried with the following votes:
AYES: Councilmembers McDonald, Potempa and Greenwald.
NAYS: None.
#9 RESOLUTION:
resolution regarding
Authority (EAA).
Consider
support
and
of
take action on
the Edwards Aquifer
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~
Mayor Baldwin reads the following Resolution:
RESOLUTION NO. 96-R-6
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, IN SUPPORT OF THE EDWARDS AQUIFER
AUTHORITY (EAA), AND RECOGNIZING AND ENCOURAGING
BASIN-WIDE WATER CONSERVATION.
WHEREAS, the City Council of the City
recognizes the impact of the present drought
and
of Schertz
conditions;
WHEREAS, the continued pumping of the Edwards Aquifer
interferes with established water rights and reduces spring
flow; and
WHEREAS, it should be recognized that the timely
conversion to alternative supplies is the best form of
conservation possible and reduces demands on the Edwards
Aquifer; and
WHEREAS, the City of Schertz agrees that drought
reduction plans should continue to support exemptions for
water supply systems which have developed alternative
supplies which reduce pumping from the Edwards Aquifer from
previous periods; and
WHEREAS, regardless of the location, water should not
be wasted, and all water suppliers should adopt water
conservation measures to reduce waste; and
WHEREAS, the Edwards
to enact emergency rules
well-being of this region;
Aquifer Authority is encouraged
to protect the safety and
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SCHERTZ, TEXAS:
THAT, the City Council of the City of Schertz supports
the development and implementation of the EAA rules; and
THAT, the City of Schertz will continue to support
water pricing, encourage a per capita limit of 100 gallons
per day per individual for use of water from the Edwards,
and will continue to oppose artificial enhancement to
offset reducing spring flow; and
THAT, the City of Schertz recognizes that the present
drought conditions may set a new standard of drought,
necessitating the need to keep water in storage; and
THAT, the City of Schertz looks to the Edwards
Aquifer Authority for a commitment and immediate action to
develop adequate emergency rules; and
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THAT, the City of Schertz further agrees to urge
conservation measures be implemented throughout the
Guadalupe River Basin at least as restrictive as those
contained in whatever final plan is adopted.
Mr. Greenwald moved to adopt the resolution in support of
the Edwards Aquifer Authority and requested copies be sent
to Bill West of GBRA, the Edwards Aquifer Authority Board,
the CRWA, Senator Wentworth, Senator Armbruster and
Representative Kuempel. Mr. McDonald seconded the motion,
which carried with the following votes:
AYES: Councilmembers McDonald, Potempa and Greenwald.
NAYS: None.
#10 CITY MANAGER'S REPORT: Reported the PUC is
entertaining a proposal to change the area code of this
area. They are running out of numbers. It looked at first
like we may not have the same area code as San Antonio, but
it now appears the San Antonio Metro area will stay
together under some area code. It may not be 210.
#11 ITEMS BY COUNCIL: Mr. Greenwald: Stated he had
attended a BVYA meeting last Thursday. They are starting
their basketball season and registration dates will be in
the paper.
Mr. McDonald~ Inquired about the status of the Ron Wood
project. Mr. Sweatt related they have not heard from him.
The time is approaching for the posting of the escrow
money. No lien has been filed pursuant to direction by
City Council who asked that we wait until the money was
posted to file the lien. There have been inquiries by
other developers about taking over the project. There has
been no communication from Mr. Wood. Mr. Potempa asked if
we had written him a letter and Mr. Sweatt answered no,
the time is not quite here for the positing of the escrow
money. Mr. McDonald asked when the deadline is and Mr.
Sweatt replied in October. Clearly if there are no funds
in escrow, no assessment will be made and the project will
be dead.
#12 ITEMS BY MAYOR: A. Mentioned receiving a letter
from Bexar Metro thanking the City for approving their
budget.
B. Commented he received a letter from Dee McGee (she
works for a company that is hired by the various homeowners
associations) indicating the homeowners associations would
like a closer working relationship with City Council. Mr.
Greenwald pointed out Council made the offer five or six
years ago that they would attend any of their meetings.
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Mayor Baldwin suggested maybe they invite Ms. McGee to a
meeting and find out what she needs. He thinks they want
to find out more about how government works. He said he
will give her a call.
c. Thanked the government students from Samuel Clemens for
attending the meeting.
#13 ADJOURNMENT: On a motion by Mr. potempa and
seconded by Mr. McDonald and unanimously carried, the
meeting adjourned at 8:30 p.m.
~
Mayor, City of Schertz, Texas
ATTEST:
~ t2Ld."n~
City Secretary, City of Schertz
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