ccreg 08-15-1995
3'5"1
REGULAR MEETING OF THE CITY COUNCIL
August 15, 1995
The Schertz City Council convened in Regular Session on
Tuesday, August 15, 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.
#1 APPROVAL OF MINUTES: A. Special Session 6-28-95
B. Regular Session 7-06-95
Mr. Greenwald moved to approve the minutes for the Special
Session 6-28-95 and the Regular Session 7-6-95. Mr.
McDonald seconded the motion, which carried with the
following votes:
AYES: Councilmembers McDonald, Swinney and Greenwald.
Nays: None.
ABSTENTIONS: Councilmember Earl Sawyer on both the Special
Session of 6-28-95 and the Regular Session of 7-6-95.
#2 HEARING OF RESIDENTS: Gene Wortman had signed up
to speak on the rezoning request, but decided to wait until
the public hearing (Item #4) later in the meeting.
#3 POLICE RESERVE: Consider and take action on
appointing a new member to the Police Reserve Force.
Lieutenant Steve Starr introduced Dana Reynolds and said
she comes highly recommended. She currently works for
Coma 1 County as a District Clerk. She previously worked
for Comal County as a dispatcher. She's worked for two
cities in Oregon as a dispatcher and Reserve Officer. She
worked for Southwest Texas State University as a Criminal
Investigator, Patrol Officer and Crime Prevention Officer.
Mr. Greenwald moved to appoint Dana Reynolds as a new
member of the Police Reserve Force. Mr. Swinney seconded
the motion, which carried with the following votes:
AYES: Councilmembers McDonald,
Greenwald.
Sawyer, Swinney
and
NAYS: None.
Mayor Baldwin welcomed Ms. Reynolds to the City.
Y5.F
#4 PUBLIC HEARING: To receive citizen input on a
request from M.W. Cude Engineers to rezone 1.0084 acres at
the corner of FM 3009 and Dimrock from Neighborhood
Services (NS) to Single-Family Dwelling District (R-6).
Mr. Sweatt reported five notices were sent to property
owners within the 300' distance of the property involved in
the rezoning request and none were returned either for or
against it. Pointing the location out on the map, Mr.
Sweatt said the property is located 90' off the
intersection of FM 3009 on the Dimrock side and 140' off FM
3009 at the rear. If you are turning into Woodland Oaks
from FM 3009, it will be on your left. The platting of the
property anticipates a half-moon cul-de-sac off Dimrock to
serve the three lots that will be used to construct model
homes for Pulte. A representative from M.W. Cude
Engineers was present to answer any questions.
Gene Wortman of Woodland Oaks spoke in support of the
rezoning request. Mr. Wortman saw no reason not to
support it, but did want it known that when the homes are
sold (not the models), the residents of Woodland Oaks
prefer use of the wider road (Woodland Oaks Drive), for
safety's sake, for the people going back to the new homes.
Mayor Baldwin asked Mr. Wortman if he is saying he would
prefer the developer change to the property adjacent to
Woodland Oaks Drive versus the side adjacent to Dimrock.
Mr. Wortman said no because it is his understanding the
developer does not own that property. The Woodland Oaks
residents are in favor of the project, they are just
concerned about how people will travel because Dimrock is a
narrow street with slower speeds.
Mr. Wortman commented they have already spoken with the
developer about their heavy equipment and suggested the
speed limit used by their construction people be slower.
They are not standing in the way of progress. They just
prefer the traffic use Woodland Oaks Drive because it's a
wider street with a higher speed limit.
Mayor Baldwin asked if the plan extends Dimrock on into the
subdivision and was told it does not. Mr. Wortman pointed
out to get to the model homes off FM 3009, you come in on
Dimrock. They are concerned about traffic after houses are
sold back further in the subdivision. The residents prefer
they use Woodland Oaks Drive to get to those houses.
Mayor Baldwin mentioned that Dimrock does not feed
this new section at all, so obviously they're going to
to use Woodland Oaks Drive. The representative from
Engineers stressed they are trying to work with
Homeowners Association as much as possible to make
project run smoothly.
into
have
Cude
the
this
Mr.
model
McDonald asked, after someone comes into one of the
homes, how they're going to direct them back to look
J~
at the lots. The representative from cude Engineers,
saying he really can't speak for the developer, answered
his feeling is the traffic will probably come in and take a
right through the existing subdivision. Maybe something
else could be worked out. Mr. Wortman mentioned the
residents would like to see an arrangement where the
traffic has to go back to FM 3009 and then use Woodland
Oaks Drive. Mr. Wortman then pointed out that's not the
issue right now with Item #4 and they have no problem with
the three models.
There being no further comments, Mayor Baldwin declared the
public hearing closed.
#5 ORDINANCE: Consider and take action' on first
reading of an ordinance rezoning 1.008 acres at the corner
of FM 3009 and Dimrock from NS to R-6.
Mayor Baldwin introduced an ordinance and read the caption
as follows:
AN ORDINANCE
BY THE CITY COUNCIL OF .&.:':1.r. CITY OF SCHERTZ I
TEXAS, AMENDING THE ZONING ORDINANCE NO. 87-S-1
BY REZONING 1.0084 ACRES OF LAND OUT OF GUADALUPE
COL.....&.f AND REFLECTING SUCH CHARGES ON CERTAIN
ZONING MAPS IN ACCORDANCE WITH .&..:1..r. SCHERTZ ZONING
ORDINANCE.
Mr. Greenwald moved to approve the first reading of an
ordinance rezoning 1.0084 acres at the corner of FM 3009
and Dimrock from NS to R-6. Mr. Swinney seconded the
motion, which carried with the following votes:
AYES: Councilmembers Sawyer, Swinney and Greenwald.
NAYS: Councilmember McDonald.
#6
reading
changes.
ORDINANCE: Consider and take action on
of an ordinance approving Drought Management
first
Plan
Mr. Sweatt reminded Council they had received copies of a
revised revision to the current Code of Ordinances that
deals with drought emergency water management activities.
At the urging of the Edwards Underground Water District, we
had changed our trigger mechanism from the J17 well level
to cubic feet per second spring flow at the Comal Springs.
As a result of recent court action, that trigger mechanism
has been changed back to the J17 well level and we have
decided to change back to the J17 well levelJ.n order to
tie our drought management plan to the same triggers used
in other areas, mainly San Antonio. That's where the media
advertising (newspaper/television) comes from and where our
customers are used to looking for their information.
J.ff7
Mr. Sweatt went on to say Stages 1, 2 and 3 reflect
specific well levels in J17. Included in the staging
criteria are the 655 ft. for Stage 1, 648 ft. for Stage 2
and 642 ft. for Stage 3. It is recommended the
declaration, saying the water management plan is in effect,
be issued through the City Manager's office, with
information to the Mayor and City council, when any of
those three stages are reached. Beginning with Stage 4,
which is water emergency, the declaration may come only
after action by the Mayor and City Council.
At this time Mayor Baldwin introduced an ordinance and read
the caption as follows:
AN ORDINANCE
BY .LA'uo CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, PROVIDING THAT THE CODE OF ORDINANCES,
CITY OF SCHERTZ, TEXAS, BE AMENDED BY REVISING A
PORTION OF SECTION 19.96, DROUGHT AND EMERu.r.pCY
WATER MANAGEMENT AND SURCHARGES; PROVIDING AN
EFFECTIVE DATE; AND REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN COlil~.LIICT.
Mr. Sawyer moved to approve the first reading of an
ordinance approving Drought Management Plan changes. Mr.
Greenwald seconded the motion and then commented he thinks
the ordinance needs to be reworded from Edwards Underground
Water District to Edwards Underground Water Authority. Mr.
Sweatt, feeling legislation will endorse all those changes,
commented they can certainly make those revisions to this
ordinance if it pleases the Council.
At this time the vote was taken and the motion carried with
the following results:
AYES: Councilmembers McDonald,
Greenwald.
Sawyer, Swinney
and
NAYS: None.
#7 RESOLUTION: Consider
resolution regarding proposed
location of a transmission line.
and take
routes by
action
G.V.E.C.
on a
for
Mayor Baldwin introduced and read the following resolution:
RESOLUTION NO. 95-R-ll
BY .L':l~ CITY COUNCIL OF .&.l'm CITY OF SCHERTZ,
TEXAS, FORMALLY CONVEYING SUPPORT OF CERTAIN
ROUTES AND FORMALLY CONVEYING OPPOSITION TO
CERTAIN ROUTES PROPOSED BY G.V.E.C. FOR ~~
LOCATION OF A TRANSMISSION LINE.
WHEREAS, G.V.E.C., which serves over 32,000 customers,
is proposing construction of a new 138KV transmission line
Jo~
to help meet the growing needs of residents in the Schertz
area; and
WHEREAS, the proposed transmission line will help
accommodate the recent increase in housing development and
improve the reliability of electric service in Schertz and
the surrounding areas; and
WHEREAS, G.V.E.C. is currently building a new
substation adjacent to an existing City Public Service
transmission line, south of Wiederstein Road and west of
Schertz Parkway, which will connect with the existing
substation adjacent to the Schertz-Cibolo-Universal ISD
Administration Building on Elhel Road; and
WHEREAS, G.V.E.C., as part of the planning process,
has held an informal meeting to receive citizen input on
available options and proposed locations of the new
transmission line; and
WHEREAS, G.V.E.C. has proposed several routes for the
location of their transmission line (as shown on the
attachment) ; NOW THEREFORE
BE IT RESOLVED BY .L.d.~ CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS :
THAT, we strongly oppose the "Schertz Parkway" route
for the location of the transmission line (identified on
the attachment by the letters A, C, D, and F) because it
would blemish the aesthetics along Schertz Parkway as well
as detract from development potential; and that we support
the location of the transmission line along the "flood
plain" route (identified on the attachment by the letters
B, E, and F) because the area in the flood plain has
limited other use and that route would not negatively
impact future development to the same degree.
Mr. Swinney moved to approve the resolution regarding
proposed routes by G.V.E.C. for location of a transmission
line. Mr. Sawyer seconded the motion.
Mr. Swinney asked if there's a time frame for installing
this transmission line. Mr. Sweatt replied, if he recalls
correctly, Mr. Pridgeon from G.V.E.C. said they do not
expect approval until 1996 and don't anticipate
installation will be finished until 1997.
At this time the vote was taken and the motion carried as
follows:
AYES: Councilmembers McDonald,
Greenwald.
Sawyer, S~inney
and
NAYS: None.
~59
#8 EXECUTIVE SESSION: Called under Section 551 of the
Texas Government Code, Sub-Section 551.072, deliberation
regarding real property.
An Executive Session was held from 7:26 p.m. to 8:26 p.m.
#9 Consider and take action, if any, on
Executive Session, including approval of a
authorizing acquisition of certain real estate
matters in connection therewith.
the above
resolution
and other
Mr. Sweatt introduced and read the following resolution:
RESOLUTION NO. 95-R-12
RESOLUTION OF :..&1.r. CITY OF SCHERTZ, TEXAS
AUTHORIZING ACQUISITION OF CERTAIN REAL ESTATE
AND OTHER MA... .&.ARS IN CO.........6CTION THEREWITH.
WHEREAS, in connection with the widening of the
PM 78 right-of-way, the city of Schertz, Texas (the "City")
must acquire certain property to be used for the expanded
right-of-way and to provide new public parking spaces to
replace existing parking that will be lost when PM 78 is
widened; and
WHEREAS, the City Council of the City proposes to
acquire the property currently owned by Mr. Donald C.
Holman (the "Landowner") and located at 204 PM 78, Schertz,
Texas (the "Property") more particularly described in the
metes and bounds description thereof attached to this
Resolution as Exhibit A; and
WHEREAS, the acquisition of the Property by the City
is deemed to be in the best interests of the citizens of
the City because public welfare and convenience will be
served by the acquisition of the Property and by the
improvements to be constructed thereon;
NOW, THEREFORE, BE IT RESOLVED BY .uu.. CITY COUNCIL OF
.....m CITY OF SCHERTZ, :&.~ AS FOLLOWS:
SECTION 1. The City Council of the City hereby
authorizes the City Manager to enter into negotiations for
the purchase of the Property with the Land...II....er and all
other persons having an interest in the Property and to
take such further steps and execute such documents as are
necessary for the City to acquire the Property and further
ratifies the actions taken by the City Manager prior to the
date of this Resolution in connection with the subject
matter thereof.
SECTION 2. The City Manager and other. appropriate
officers of the City are hereby authorized to execute and
deliver such additional certificates and instruments to
further the purposes of this Resolution and the acquisition
of the Property by the City as may be approved by the City
J~o
Attorney.
SECTION 3. This Resolution
immediately upon its adoption.
shall
be
effective
Mr. Swinney moved to approve the resolution
acquisition of certain real estate and other
connection therewith. Mr. Greenwald seconded
which carried with the following votes:
authorizing
matters in
the motion,
AYES: Councilmembers McDonald,
Greenwald.
Sawyer, Swinney
and
NAYS: None.
#10 CITY MANAGER'S REPORT: Reminded Council he
distributed to them a budget report, that had
requested at the workshop, of a consolidated listing
fund rather than by department. The information will
reviewed at the workshop on August 23rd.
had
been
by
be
#11 ITEMS BY COUNCIL: Mr. McDonald: Asked, regarding
Woodland Oaks, Unit 5, if they're going to take care of the
drainage. Mr. Sweatt replied they're working on Units 5
and 6 and part of the plan is the development of a
detention basin toward the Dimrock end. Mr. McDonald
wondered if they'll save the trees and Mr. Sweatt answered
as many as possible.
Mr. McDonald mentioned they still have water on Woodland
Oaks Drive. Mayor Baldwin commented, in relation to
drainage, he received a call from Malford Ackermann
concerning Woodland Oaks and drainage of water onto his
property. Mr. Ackermann reminded him of the time when
they looked over the area where water was draining onto his
property and he was told our engineers and he would get
together and come up with a solution to make sure the
problem was resolved. The water would be diverted so it
would not erode his property.
Mayor Baldwin remembered that at
Ackermann showed him the property,
where you could see limestone that
The Mayor indicated he had no
Ackermann.
the time when Mr.
he pointed out an area
came from the drainage.
reason to doubt Mr.
Mr. Ackermann claims nothing has changed, water still
comes down the hill over his property and he's concerned
about it. Mayor Baldwin said he told Mr. Ackermann he
would relay the message to Council and Mr. Sweatt and have
someone talk to the engineers about it. There are other
subdivisions coming which will only add to the problem.
Mr. Sweatt recalled there were meetings between the
developers, the engineers and Mr. Ackermanrt. Mr. Sawyer
remarked the problem was supposed to have been taken care
of some time ago.
Y61
Mr. Swinney related that Mr. Ackermann, a former County
Commissioner, knows roads and he knows land, and being a
farmer, has a lot of innate sense about the land. No doubt
he has some valid points about the drainage problem.
Mr. McDonald observed the drainage they're talking about
comes behind Cotton King and it should be helped by the
detention pond. Mr. Sweatt agreed. Merwin Willman
pointed out they haven't starting the engineering on
Woodland Oaks, Unit 5 yet.
Mayor Baldwin recalled a time, before some of this drainage
was fixed, when water from a heavy rain used to come into
people's houses on the back corner of Dimrock and they
would be in here complaining.
Mr. Swinney questioned if any of this caused problems for
the Bindseil property. Mayor Baldwin didn't know, but Mr.
Sawyer thought there were some problems there too.
Mr. Greenwald assured Council that the only thing that's
been tentatively approved by Planning and Zoning is the
preliminary plat for Unit 5, and they are very concerned
about drainage.
Mr. Sawver: A. Announced he had attended the VFW meeting
last night, in his capacity as one of their officers, and
gave the following report:
(1) Commended Officer Carey of the Police Department who
gave a very informative and up-to-date talk about hand gun
safety in the home.
(2) Said, very shortly, they will begin the process of
selecting Police Officer of the year, Firefighter of the
year and SAFES technician of the year. They would like to
set up meetings with the respective department heads and
Mr. Sweatt about those selections.
(3) They, as usual, have their breakfast on Saturday
morning for $3.25 and it's a good deal.
(4) Informed Council the 50th anniversary of Post 8315 will
be on August 31st of 1996 and they're starting to plan for
that celebration now.
(5) They are seeking new members.
B. Asked if the City still has an ordinance against
posting advertisements on telephone poles and was informed
by Mr. Sweatt they do. He has noticed quite a few in the
section where he lives and walks and wondered why the City
doesn't take them down. Mr. Greenwald mentioned there's
some along FM 78 also. Mr. Sweatt promised to speak with
the Inspection Department about it.
36,;2..-
Mr. Swinnev: Introduced Earl Kelly, President of the Lone
Oak Homeowners' Association, and said they are very
fortunate to have him. He's been doing a great job. He's
here tonight to check out the meeting.
Mr. Greenwald: Related he had attended the CRWA
last night and gave Mr. Sweatt a copy of their
The Board approved it last night.
meeting
budget.
tl2 ITEMS BY MAYOR: A. Told Council that at the
Northeast Partnership meeting this past week, it was noted
that 6 out of the 8 cities had ratified the by-laws. Two
are still working on it. The Partnership is holding off
until after October 1st to join anything or spend any
money. They will actually kick off, as far as the
participation in dues, at that time. At this point, no one
really explained why the other two cities (Live Oak and
Universal City) had not ratified the by-laws.
B. Mentioned he had spoken with the City Manager today
about Stage 1 of the water conservation plan. He knows
there are several signs around informing the public we are
in Stage 1, but would appreciate any ideas on how to get
the word out and about what voluntary reduction means.
Mr. Swinney asked if we can send out notices on the water
bills. Mayor Baldwin answered the problem is we're in
Stage 1 and have been for a while and by the time some of
the water bills get out, we may be in a different Stage.
Mr. Sweatt pointed out one problem is that the water bills
only allow 17 characters.
Mayor Baldwin expressed the hope that Lori Peters from the
Herald would put an article in the newspaper. Our stages
are exactly the same as San Antonio's. If we can get that
word out, it would certainly help.
#11 ADJOURNMENT: On a motion by, Mr. Swinney and
seconded by Mr. Greenwald and unani ously carried, the
meeting adjourned at 8:50 p.m.
Mayor, City'bf Schertz, Texas
ATTEST:
~~
City Secretary, City of Schertz