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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