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ccreg 01-15-1991 126 \ REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 1991 The Schertz City Council convened in Regular Session, Tuesday, January 15, 1991, at 7:00 p.m. in the Council Chambers of the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas. The fOllowing members were present: Mayor Earl W. Sawyer, presiding; Joe Potempa; Hal Baldwin; Barbara Stanhope; Mary Marsh and Ken Greenwald. Staff present were City Manager Kerry Sweatt and City Secretary June Krause, along with Attorney Michael Spain. Mayor Sawyer opened the meeting; and after welcoming everyone, he asked they join him in the Pledge of Allegiance. Mr. Sawyer then asked Marge Smith of Cibolo to come forward and presented her with a plaque of appreciation for being the City's County representative on the Library Advisory Board for one term. #1 AWARDS: Presentation of both residential and business awards for the Annual Christmas Decorating Contest. Mayor Sawyer presented the first place award for residential to PhYllis McNeal, 402 Brooks Avenue; second place award was presented to Maurice Kempen, 524 Curtiss Avenue; third place for residential went to Rick Leal, 1140 Dimrock. The Commercial winners were first place - Guadalupe Valley Electric Cooperative, 900 Curtiss Avenue; second place - Boswell-Niemietz Properties, 800 Jack Hays Boulevard; and third place - Kountry Kitchen, FM 78. Mayor Sawyer then thanked the committee who selected the winners in the contest and asked for a lot more people to jOin in next year. The American Legion representatives had asked to make a short announcement. Mr. Jerry Graham, Commander, said the Cibolo Valley Post 610 in Schertz, in respect for all the folks serving in the conflict in Saudi Arabia, said he would would fly the American Flag on all the standards on Main Street. He asked anyone available at 7:00 a. m. the next morning to meet them at the corner of Schertz Parkway and Main Street, where they would post the colors appropriately. #2 GFOA AWARD: Presentation of the Certificate of Achievement for Excellence in Financial Reporting to the City of Schertz. Mr. Sweatt said a press release had been prepared, saying that the City of Schertz has received a Certificate of Achievement for Excellence in Financial Reporting for its comprehensive annual financial report for the fiscal year ended September 30, 1989. The Certificate of Achievement is the highest form of recognition for excellence in state and local government reporting. / ^ ""P7 ..l~~ The announcement recognizes that the award is presented for an easily readable and efficiently organized comprehensive report. It further recognizes that the City of Schertz has received this report for the last two consecutive fiscal years. Mr. Sweatt said we believe this is a milestone in our community and continues to reflect, not only on the office staff and financial stability, but the judgment, advise and assistance that the City Council continues to offer that provides the citizens with a recognizable way of valuing and reporting financial matters of the City. # 3 PUBLIC HEARING: The purpose of the hearing was for Council to receive citizen input regarding the request from Resurrection Baptist Church for a Specific Use Permit allowing them to locate their church at 909 FM 1518, which is in the AICUZ, APZ-l, Noise Zone 75. Mr. Sweatt advised that Planning & Zoning Commission held a public hearing on this matter and received considerable information from both the applicant and others concerned in this matter. Notices were mailed to all property owners in the effective area. The City's ordinance and the AICUZ Noise Zone stipulates that certain types of use are prohibited within the noise zone. In order to provide for this to be in a noise zone area, it would require the granting of a var iance by the City Council. We provided information to Randolph Air Force Base and to others who are interested in the maintenance of the Air Installation Compatible Use Zone. Planning and Zoning Commission has made their recommendation and tonight was the advertised date for the public hearing. Mr. Ray Brown said they had been looking at this building for two years, since it was first vacant. He added that they have had the opportunity to listen to some of the concerns that was raised by the Planning & Zoning Committee. He said they did not really have any presentation but just hoped the request would go forth and they would have the chance to establish their church in the community. Mr. Potempa said he was concerned about it being in the AICUZ zone and the noise factor and the base saying there should be no structure built in the zone. Mr. Baldwin wanted it made clear that the discussion is about the building that is there as opposed to new construction. Mr. Sweatt advised that the building presently there is the one under discussion. He added, for clarification, that there are two churches in the area that have been grandfathered. Mr. Baldwin said he had some concern that a vote upholding the AICUZ zoning, and turning this down, would preclude anyone from ever utilizing that building. Unfortunately, it was built prior x 128 to the adoption of the ordinance adopting the AICUZi and he said he was real concerned about the penal ty Council would levy on whoever the owner is for years to come. He said he was even more concerned about the pledge the City has made to Randolph Air Force Base to maintain the clear zone. Randolph is the largest business in our area and provides the most input in dollars into this area. He said he did not want to do anything that would jeopardize their future or the possible relocation of this air base - so he was not sure he could support the approval of this request. Mrs, Stanhope said she had looked at this very closel y. She advised that she lives just down the streeti and they happened to be living there when an airplane went down about one block away. She felt Council has to look very closely at the safety of the people in this community. She said some of the information submitted said they were small and they did not intend to growi but she had not seen a Baptist Church that did not grow. She said she would have a hard time going against the AICUZ because a lot of time was put into this decision. Mrs. Marsh said she would agree with almost everything she had heard, although the noise factor really does not bother her that much. She said she was very, very concerned about the safety factor. With the safety factor as established by the AICUZ, this Ci ty went into an agreement with Randolph Air Force Base to preclude any large loss of life, hopefully. She said she would ask two things. No. 1 did they reall y full y discuss the aircraft accident possibi Ii ty? and No. 2 - she is all for them having their church, but not at this location. She said we have other areas, that are available within the City, that fit in with the zoning ordinance, that are not in the AICUZ. Mr. Brown said they had looked at several locations and this one seemed more feasible. He said that before, this building had been used for a bingo hall and had over 1100 occupants at one time. Mrs. Marsh said there is always the factor, that if anything did happen, of the liability going against the City which would be a terrible thing. Mr. Brown reminded Council of the park nearby and said that their occupancy time would be at times when there was little activity at Randolph; but the recreation was during their peak time of activity. Mrs. Marsh said Randolph is not just a training area. It is a major headquarters and has many, many flights at night and during the weekend. Mr. Greenwald said he really did not think they had looked at all the potential problems. Randolph probably has one of the safest training records and flight records of any unit in the Air Force. /' /.. 11 "'L' ~~ty However, the weekend activities involve from 80 to 85 air planes, if you count the Friday night arrivals, - that is 150 air craft movements from all branches of the service. He said he could not vote for allowing children and people to allow themselves to be part of the crash scenario. Mr. Lund said the accident factor is very low, the area is not directl y in the fl ight path and has wide open spaces on both sides; the park on one side and the creek on the other side. Mr. Robert Newson said he was at Randolph and the weekends are low flying times for them. One gentleman asked if Council did not allow the church to go in there, just what type would be allowed to go in. Mr. Sweatt said that low density type businesses could be allowed, such as the dog grooming business that was there previously. Mr. George Rider questioned the bingo hall that was in that building. Mayor Sawyer advised that the bingo hall was in the building prior to adopting the AICUZ zoning. Mr. Ray Brown said they are currentl y worshiping in Universal City in a direct flight path and there are numerous stores, houses, etc. and it doesn't seem to be a problem. He said they stood at this location for quite some time and not one plane flew over this area. Mayor Sawyer said it does not have to be directly in the flight pattern. Mr. William Smith said he did not know where the line is drawn but there is a Junior High School in the area - just a few yards from this building. He said he did not see any reason why this was such a major issue of allowing the Resurrection Baptist Church to move into this building. Mrs. Marsh asked our attorney if this was approved and something happened, what would be the City's liability. Mr. Spain said he could not tell Council at this time what the liability would be; however he felt there were a couple of issues that might be worth looking at. If the Council would consider tabling this item until the next meeting, he would look into it. Mr. Chuck Sharpe asked if it would be prudent to consider a temporary permit for about four or five years to give them time to get settled and relocate. Mr. Charley James asked about the two churches already in the area and what is the City's responsibility to them. Mayor Sawyer said that is what the attorney wants to look at. x 130 \ Mr. Leon Jones said the usage of the building would be limited. Their hours of operation would be approximate 1 y three nights a week between 6:00 and 10:00 p.m. and then on Sunday from about 9:00 a.m. to 6:00 at night. Mr. Baldwin said one of the problems with what this request is doing is there are churches there, there is a junior high school there, and some houses in the subdivision right behind the junior high school. All these are in the AICUZ zone - they were there pr ior to the ordinance and they are infringing upon the clear zone Randolph has established. If Council continues to let people build and move into this area, at some point in time Randolph Air Force Base is going to look at this and say they can not afford to fly in this area because it is dangerous to the people that are there. He said the reason the ordinance was adopted was that the area was becoming saturated with things that the Council did not have a lot of control over, and the ordinance gave Council some control. We can not continue to let these things come in and then look Randolph Air Force Base in the face. He said he did not think the area could afford to lose Randolph Air Force Base. Mr. Brown said they are only aSking for limited usage and he did not feel there would be any problem with Randolph Air Force Base. Mr. Fred Kindle said he appreciated Council's concern about Randolph Air Force Base; but he real 1 y thought it rather far- fetched that their limited usage would make them move. Mr. Baldwin said he was not saying that, but that this would open the door for others to come in and ask for variances. He said we have told Randolph that we would monitor what went in the AICUZ zone; and were able to annex a large area behind Randolph because the other city was not monitoring it. There being no further discussion, Mayor Sawyer declared the public hearing closed at 7:37 p.m. #4 Consider and take action on the above request for Specific Use Permit. Mrs. Marsh moved to table any action on this item until the attorney can get back with Council. Mr. Potempa seconded the motion, which carried with the following vote: AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None Mayor Sawyer called for a recess at 7:39 p.m. The Regular meeting was reconvened at 7:48 p.m. , ) 1\ ,~ ~ 1 ju~ #5 DEER HAVEN DRAINAGE: residents of Antler Drive in drainage problems with Council. Colonel Ted Duigon, representing Deer Haven. to discuss water Mr. Duigon stated he had lived in Deer Haven off and on since 1979. He went on to say that in December of 1983 at a Planning and Zoning meeting, there was a lot of concern on this subject. Mr. Duigon said recently he had been in the office and looked at a lot of minutes of both the P&Z and Council. He said he understood that the builder of Savannah Square had gone bankrupt but that the Engineering Firm of Pape-Dawson are working with the City on the problem now. The builder had said the homes would be 75% masonary, but he was not made to comply. The development has caused the drainage problems to escalate. In the minutes, there is a mention of both a retention pond and detention pond; but which ever it is, it is not any good. He described the area in detail. He said that when he and his neighbors carne to a Council meeting in 1984, they were told that the "Developer has a possible solution". He then quoted the Texas Water Code Chapter 1108.6 which says that the guy who lives down hill is legally protected from getting more water, higher speed or quantity. Mr. Duigon said for the same given amount of rain, they are getting more run off. He suggested a storm sewer would take care of the problem. Ms. Petsie Theis presented several pictures showing the flooding, erosion etc. caused by the rains. She said that two or three times a year she had this river going through her back yard and it is getting worse. Her pictures, taken in 1986 through 1991, showed the erosion where tree roots were almost completely exposed. She advised that when she complained about her high taxes to the Appraisal District, they lowered her appraisal because this drainage problem has lowered the value of her property. Mr. Duigon said they have had a lot of neighborhood meetings and he did not want to argue engineering or law, but it seemed to him that the onl y sol ution would be to take the water underground. He advised that he did have water going through his yard two or three times a year but now it is fifty times a year. There were several of the residents of Deer Haven, that are affected by this problem, present at the meeting giving their views of the problem. Mr. Clyde Dishong stated, among other things, that he has water eighteen inches deep going through his back yard. There was one erosion hole where he put rocks and seventeen bags of cement to fill it in. Mr. Joe Dale expressed his concern also. Mr. Chuck Sharpe said he had lived here over twenty drainage problem is getting worse all the time. He he was sitting on the Council at the time this discussed and he voted for it because Council was years and the reminded that drainage was told that the l\ 132 water flow would not be increased. He said it appears that his vote may have been a bad decision. He added that they have discussed that for six or seven years and now they want a solution. Mr. Rufus Barnes agreed with what had been said, adding that everyone pointed out at the beginning what would happen and it did; and as a resul t, their property val ues are dropping. He added that the City took it upon themselves to not make the developer liable at the time - they allowed this to occur. If the problem is not taken care of, the City is going to have some unhappy citizens. He wanted to be sure that Counci 1 would take some action and not put the problem on a shelf. Mayor Sawyer advised that the Council would not take any action at this meeting but would ask the people's patience in order to address the problem. Mr. Sweatt said staff had spent considerable time researching this; and have met on two or three occasions with our engineer, Pape-Dawson and Mr. Dale. He advised that Mr. Dawson was present to hear the citizen's comments and their concerns. He said he wanted all the people involved to hear the same comments. Mayor Sawyer said he welcomed all the citizen comments and some action would be taken as soon as possible. #6 APPROVAL OF MINUTES: A. BOA Meeting of 12-4-90 B. Regular Meeting of 12-4-9 C. Special Meeting of 12-12-90 and Regular Meeting of 12-18-90. Mrs. Marsh moved to approve the minutes of the BOA Meeting of December 4th, the Regular Meeting of December 4th, the Special Meeting of December 12th and the Regular Meeting of December 18, 1990. Mr. Greenwald seconded the motion, which carried with the following vote: AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and Greenwald NAYS: None ABSTAINING: Mr. Baldwin for the meetings on December 4th. #7 HEARING OF RESIDENTS: Mr. Joe Potempa, President of the Business Club, presented Mrs. Stanhope with a plaque of recognition for her membership, it being the first of the year. #8 ASSOCIATE JUDGE: Consider and take action on creating the position of Associate Judge. Mr. Sweatt said that we have an established Municipal Court Judge posi tion; however, as the workload of the Court has grown, we feel the need for an Associate Judge. He will not preside over court but was for administrative purposes such as issuing warrants. / Mr. Baldwin moyeg to create the position of Associate Judge for the Municipal Court. Mrs. Stanhope seconded the motion, which carried as follows: AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and Greenwald, NAYS: None #9 BID AWARD: Consider and take action on receipt of bids and award of contract pertaining to data processing equipment, and other matters in connection therewith. Mr. Sweatt said that, as discussed many times, the development of a City-wide data processing capability is absolutely necessary if we are to continue providing services at a high level without the continued necessity to process work and provide information on a manual basis requiring more and more personnel. We have developed a long-range data processing plan that will meet our needs today and into the future. Steve Simonson has chaired an in-house committee that has worked on this for two years. He said staff is recommending the awarding of a contract of purchase to IBM/CPS Systems, Inc. to purchase specific software and hardware to operate a RISC 6000 system, operating on the UNIX language, complete with appropriate new PCs as well as terminals and printers,at a projected purchase price of $144,781. At being prompted by Councilmembers, Mr. Sweatt advised that this is a budgeted item that will be spread out over a five-year per iod. He added that this is not all that staff foresees for the long-term needs of the City as there will be software additions as our needs grow. Mayor Sawyer advised that this item has been discussed thoroughly at several workshop meetings. Mr. Greenwald moved to award the bid to IBM/CPS Systems, Inc, in the amount of $144,781 for purchase of computer system. Mrs. Marsh seconded the motion, which carried with the following vote: AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None # 10 ORDINANCE: Mayor Sawyer introduced an ordinance and read the caption as follows: ORDINANCE NO. 91-B-1 AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY OF "CITY OF SCHERTZ, TEXAS PUBLIC PROPERTY FINANCE CONTRACTUAL OBLIGATIONS, SERIES 1991"; SPECIFYING THE TERMS OF SUCH CONTRACTUAL OBLIGATION; MAKING ", x 134 PROVISIONS FOR THE PAYMENT THEREOF; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE EXECUTION, PERFORMANCE, AND PAYMENT OF SUCH CONTRACTUAL OBLIGATIONS, INCLUDING THE APPROVAL AND EXECUTION OF AN ESCROW DEPOSIT AGREEMENT FOR THE ACQUISITION OF PROPERTY AUTHORIZING THE DISTRIBUTION OF A LIMITED OFFERING MEMORANDUM RELATING TO THE SALE OF CONTRACTUAL OBLIGATIONS; AND DECLARING AN EMERGENCY. Mrs. Marsh moved to approve this ordinance as an emergency measure. Mr. Baldwin seconded the motion, which carried with the following vote: AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None Mr. Sweatt said he believed this was one of the most important actions this Council has taken, as this will bring us into the twentieth century. # 11 ORDINANCE: Mayor Sawyer introduced an ordinance and read the caption as follows: ORDINANCE NO. 91-F-2 REGULATING THE RATES FOR ELECTRIC SERVICE THROUGH THE ELECTRIC SYSTEM OPERATED BY THE CITY PUBLIC SERVICE BOARD OF SAN ANTONIO Mrs. Stanhope moved to approve the ordinance regulating a rate increase for City Publ ic Service. Mr. Greenwald seconded the motion, which carried with the following vote: AYES: Councilmembers Baldwin, Stanhope, Marsh, Greenwald NAYS: Councilmember Potempa #12 CITY MANAGER'S REPORT: A. Reminded Council our next workshop would be January 30th, unless there would be a reason to consider an emergency meeting. B. Referred to a letter from the Randolph Area Rotary CI ub requesting the Council to nominate a "Volunteer of the Year". Mrs. Stanhope suggested that Mr. Merwin Willman be the City 's nominee. Mayor Sawyer asked for and received an affirmative concensus of Council to nominate Merwin Willman. C. Reminded Council that we have an additional holiday this year - Martin Luther King Day on January 21st - and City Hall will be closed. I ./ /)( I 1'1r'-i ...#.,.t...tI~Jj D. He distributed a draft letter as part of the City's Chamber of Commerce renewal. Council discussed the letter, after which the concensus was to send the letter as written. # 13 ITEMS BY COUNCIL: t1J:_~_J:)Qj:_emJ2c3. announced the Business Club would meet on January 22nd at noon at the Kountry Kitchen. t"tLl:i_'~~c3.DJ:lOpe referred to her article for the next newsletter regarding the City's proclaiming the month of February as "Vol unteer Month". She suggested that February 14th should be designated as their special day. Council agreed. t1r. gJ:_een~a,1.ci announced that there are several new officers in CVADAC and there should be a letter soon from the new director listing the names of the officers. # 14 ITEMS BY MAYOR: Mayor Sawyer announced that the La Posita restaurant is now open for breakfasts. #15 ADJOURNMENT: Mr. Potempa mov~q the meeting be adjourned at 8:42 p.m., with Mr. Baldwin seconding the motion, which carried unanimously. ATTEST: \,