ccreg 11-05-1991
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REGULAR MEETING OF THE CITY COUNCIL
NOVEMBER 5. 1991
The Schertz City Council convened in Regular Session,
Tuesday, November 5. 1991 at 7: 10 p.m. in the Council
Chambers of the Municipal Complex, 1400 Schertz Parkway,
Schertz, Texas. The following members were present: Mayor
Earl W. Sawyer, presidingi Joe Potempa; Hal Baldwin;
Barbara Stanhope; Mary Marsh; and Ken Greenwald. Staff
present were City Manager Kerry Sweatt, City Attorney
Michael Spain and City Secretary June Krause.
The Mayor asked to delay the start of the meeting in order
for three councilmembers to complete voting. Mayor Sawyer
asked the City Manager to write a letter to Judge Sagebiel
protesting the closing of one voting precinct and only
having three clerks to serve the citizens in the two
combined precincts.
After opening the meeting, Mayor Sawyer asked everyone to
join him in the Pledge of Allegiance.
#1
Regular
10-9-91.
APPROVAL OF MINUTES: A.
Meeting 10-1-91; and C.
BOA Meeting 10-1-91;
Special Meeting
B.
of
Mrs.
meeting
and the
seconded
Stanhope moved to approve the minutes
of October 1st, the Regular Meeting of
Special Meeting of October 9th, 1991.
the motion, which carried as follows:
of the BOA
October 1st
Mr. Potempa
AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh
and Greenwald.
NAYS: None
#2 HEARING OF RESIDENTS: Mr. Ed Mazian said he had
brought up the subject many times but there are still chuck
holes on Fawn Drive and the stump, that caused one fatal
accident, is still in the roadway. He said nothing was
being done about any of this.
Mr.
have
times
work.
again.
Sweatt advised that our Street Department employees
repaired the chuck holes on several occasions and at
Mr. Mazian has been there and watched them do the
He added that he would have someone check it out
Mr. Glenn Rowland of 709 Aviation Avenue said he was back
again with the same complaint - the lot next to him has
still not been cleaned up. He brought in some new pictures.
He mentioned that although some work had been done it was
still a health hazard and had a bathtub in the yard.
Mr. Sweatt informed that the lot had been cleaned, the cane
cut and taken off and we do not have any regulations against
the bathtub being in the yard. He added that he would be
happy to ask the inspectors to check on the grass leavings.
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#3 SWEARING-IN CEREMONY: Mayor
office Hal Baldwin as the new Mayor Pro
City Council has adopted a policy that
would serve six months by Place. Mr.
served six months.
Sawyer swore into
Tem, explaining the
each Councilmember
Potempa had just
#4 RESOLUTION: Mayor Sawyer introduced a resolution
and read the caption as follows:
RESOLUTION NO. 91-R-I0
A RESOLUTION BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS, A RANDOLPH METROCOM
CHAMBER OF COMMERCE MEMBER CITY, SUPPORTING
THE TEXAS TGV (HIGH SPEED RAIL) DEPOT AND
MAINTENANCE FACILITY WITHIN THE METROCOM
JURISDICTION.
Mrs. Marsh moved to approve the resolution as read. Mr.
Greenwald seconded the motion, which carried as follows:
AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh
and Greenwald.
NAYS: None
#5 APPOINTMENTS: Consider and
re-appointing P&Z members.
take action
on
Mr. Potempa moved to re-appoint
and Jim Shriver to the Planning
Greenwald seconded the motion,
following vote:
Bob Andrews, Bobbie Vonada
& Zoning Commission. Mr.
which carried with the
AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh
and Greenwald.
NAYS: None
Mayor Sawyer welcomed Mrs. Vonada on her re-appointment.
Mrs. Vonada said she had just returned from a conference in
Corpus Christi and she was amazed at all the things they
were saying cities must do that the City of Schertz is
already doing.
#6
clarifying
process.
BOA PROCESS: Consider and take action on
the position of the Planning & Zoning in the BOA
Mr. Sweatt noted that the City Council has always asked the
Planning & Zoning Commission to be included in the Board of
Adjustment process. Due to some specific question P&Z
members had, they have requested that a more formal process
be made.
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Mr. Greenwald moved to approve the clarification of the
Planning and Zoning Commission in the Board of Adjustment
process. Mrs. Marsh seconded the motion, which carried
with the following vote:
AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh
and Greenwald.
NAYS: None
#7 AGREEMENT: Consider and take action on a proposed
agreement with Bexar County regarding Urban County
designation in Community Development Block Grant matters.
Mr. Sweatt informed that this is a federal program in which
funds are made available to entitlement cities. We are not
an entitlement city. Bexar County is classed as an Urban
County and is eligible to receive certain CDBG funds. They
have chosen, again this year, to include areas outside San
Antonio. We have participated with them in the past. We
have received $75,000 under this program for one project in
our city limits - the Schirmerville water line project.
After the 1990 census, an additional designation must be
made so Bexar County has again asked us to join them in the
Urban County designation, using all our population figures.
The down side of that is that if we do that we can not
expect any grant funds for any other part of the city. HUD
says that we must allocate all or none of our population.
He added that if we do not designate any, then of course we
could not be included with Bexar County but would compete
for funds state wide. We are protesting that HUD decision;
but until we hear further, we recommend going with Bexar
County with our total population.
Mrs. Marsh moved to approve the agreement with Bexar County
regarding Urban County designation in CDBG matters. Mr.
Baldwin seconded the motion, which carried as follows:
AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh
and Greenwald.
NAYS: None
#8 UTILITY EASEMENT AGREEMENT. Consider
action on an agreement for utility easement and
of right-of-way adjacent to 890 Garden Circle.
and take
correction
Mr. Sweatt advised that concerning the 890 Garden Circle, a
cul-de-sac off Schertz Parkway, there exists a condition we
believe should be corrected. The City received excess
right-of-way in a plat in 1970's. Since then, the area has
been platted for a garden home subdivision and a house has
been started. A portion of that house falls in the excess
right-of-way. At the same time we acquired the right-of-way
we obtained a water line easement and we should have five
additional feet for the easement to maintain the water line.
We recommend an agreement conveying a portion of our
right-of-way for a five foot easement along Schertz Parkway.
50
Mr. Greenwald moved to approve the agreement for utility
easement and correction of right-of-way adjacent to 890
Garden Circle. Mrs. Stanhope seconded the motion, which
carried with the following vote:
AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh
and Greenwald.
NAYS: None
#9 CHAMBER OF COMMERCE: Consider and take action on
casting votes for Board of Directors.
Mr. Sweatt said we understand the City of
entitled to cast four votes for the Board of
There are three positions open and seven willing
the board. Council has received a copy of the
they must be returned by November 8th.
Schertz is
Directors.
to serve on
ballot and
Mr. Baldwin moved to cast the City's votes for Mike Bonner,
Ernest Lazard and Bill Lindemann. Mr. Potempa seconded the
motion, which carried with the following votes:
AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh
and Greenwald.
NAYS: None
#10 EXECUTIVE SESSION: Mayor Sawyer called an
executive session under Article 6252-17 Vernon's Texas Civil
Statutes Section 2 (e) to discuss with the City Attorney
pending and contemplated litigation at 7:47 p.m.
The regular session reconvened at 8:34 p.m.
#11 Consider and take action, if any, on the above
executive session.
Mayor Sawyer announced that Council did discuss pending
litigation with the City Attorney and he will continue to
work with Mr. Sweatt on these matters.
#12 CITY MANAGER'S REPORT: A. On November 15th, we
will have the "Turn-On" ceremonies for the Schirmerville
Water Project at IH-I0 and Gray town Road at 10:00 a.m. This
is the completion of the CDBG project with Bexar County.
B. A reminder of the Universal City Veteran's Day parade on
November 9th at 10:30 a.m. - those on the reviewing stand to
arrive by at least 10: 15 a.m.
#13 ITEMS BY COUNCIL: Mrs. Stanhope advised she had
attended the Library Board meeting and reception for the
Lemm family. Margaret Lemm has made substantial donations
to the library in memory of her husband so they have named
the new genealogy room "The Lemm Genealogy and History
Room".
,
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B. Mrs. Stanhope thanked the Council members who helped
judge at the Senior Citizen Bazaar.
#14 ITEMS BY MAYOR: Mayor Sawyer again welcomed the
students from the Samuel Clemens High School Government
class, adding that he hoped they had learned something about
city government.
#15 ADJOURNMENT: Mrs. Marsh moved the meeting be
adjourned at 8:44 p.m.; motion was seconded by Mrs.
Stanhope and carried unanimously. ~
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ATTEST: ~, City of Sch z, Texas
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