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ccreg 12-02-1997 . . . SCHERTZ CITY COUNCil REGULAR SESSION DECEMBER 2,1997 The Schertz City Council convened in Regular Session on Tuesday, December 2, 1997 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; Councilmembers Charles McDonald; Norman Agee, Sr.; Timothy Swinney and Ken Greenwald. Absent: Council member 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: Special Session 10-01-97 Regular Session 10-07-97 Mr. Greenwald moved to approve the minutes of the Special Session 10-01-97 and 10-07-97. Mr. McDonald seconded the motion and the vote was as follows: Special Session 10-01-97 . Ayes: Councilmembers McDonald and Greenwald. Nays: None. Abstentions: Council members Agee and Swinney. Regular Session 10-07-97 Ayes: Councilmembers McDonald, Agee, Swinney and McDonald. Nays: None. The minutes of 10-01-97 will be brought back for approval at a future meeting. The minutes of 10-07-97 were approved. #2 HEARING OF RESIDENTS: Those citizens wishing to speak on agenda items (other than public hearing items) or items not on the agenda, will be heard at this time. . Members of the Samuel Clemens Student Council, Emily Douglas, Brandon Morales and Jimmy Mullins, presented Mr. Sweatt, Mayor Baldwin and the members of City Council with a basket of candy for all their hard work and dedication. -51- . . . #3 APPOINTMENT OF MAYOR PRO-TEM Mayor Baldwin explained the City's policy of rotation and indicated it is time for Mr. Swinney to serve as Mayor Pro-Tem. The consensus of Council was to appoint Mr. Swinney Mayor Pro-Tem for the next six months. #4 SWEARING IN OF MAYOR PRO-TEM Mr. Swinney was sworn in as Mayor Pro-Tem by Mayor Baldwin. #5 ORDINANCE: Consider and take action on first reading of Ordinance annexing 82.22 acres of land out of Comal County (Alamo/USA Waste property). Mayor Baldwin introduced an Ordinance and read the caption as follows: AN ORDINANCE PROVIDING FOR THE EXTENSION OF THE BOUNDARY LINES OF THE CITY OF SCHERTZ, TEXAS BY THE ANNEXATION OF A TRACT OF LAND CONTAINING 82.22 ACRES OUT OF COMAl COUNTY. . Mr. Sweatt pointed out the location on the map and said USA Waste plans to build their headquarters there. Two public hearings, as required, have been held on the proposed annexation. Mr. McDonald moved to approve the first reading of an Ordinance annexing 82.22 acres of land out of Coma I County. Mr. Swinney seconded the motion, which carried with the following votes: Ayes: Councilmembers McDonald, Agee, Swinney and Greenwald. Nays: None. #6 ORDINANCE: Consideration and first reading of an Ordinance by the City Council of the City of Schertz, Texas authorizing the issuance of obligations designated as "City of Schertz, Texas General Obligation Bonds, Series 1997"; levying a continuing direct annual ad valorem tax for the payment of the bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the bonds, including the approval and distribution of an official statement pertaining thereto; authorizing the execution of a paying agent/registrar agreement and a letter of representations with the depository trust company; and providing for an effective date. . -52- . . . Mayor Baldwin introduced an Ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCil OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ISSUANCE OF OBLIGATIONS DESIGNATED AS "CITY OF SCHERTZ, TEXAS GENERAL OBLIGATION BONDS, SERIES 1997"; lEVYING A CONTINUING DIRECT ANNUAL AD VALOREM TAX FOR THE PAYMENT OF THE BONDS, PRESCRIBING THE FORM, TERMS, CONDITIONS, AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, AND DELIVERY OF THE BONDS, INCLUDING THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO; AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT AND A lETTER OF REPRESENTATIONS WITH THE DEPOSITORY TRUST COMPANY; AND PROVIDING FOR AN EFFECTIVE DATE. . Mr. Sweatt advised the caption pretty well describes the Ordinance. A copy of the entire Ordinance is included in Council's packet. Approval of the first reading is recommended. The second reading will be presented at the meeting of December 16th. At that meeting they will receive bids on the sale of the bonds. Mark McLiney of Southwest Securities commented the Ordinance dictates what is not being issued. Mr. McLiney then told Council Southwest Securities would like permission to bid on the bonds if they have no objection. It ensures one more bid. Mayor Baldwin asked if Mr. McLiney and Mr. Anderlitch are involved in working up the bids and Mr. McLiney replied they are not. Council had no problem with Southwest Securities bidding on the bonds. Mr. McLiney then added the market remains extremely attractive and the interest is low. ~ Mr. Swinney moved to approve the first reading of the Ordinance as per the caption listed above. Mr. Greenwald seconded the motion, which carried with the following votes: Ayes: Councilmembers McDonald, Agee, Swinney and Greenwlald. Nays: None. #7 PUBLIC HEARING: To receive citizen comments on a request from Lancaster Development to rezone 40.66 acres from R-1 to R-2 and R-6. . -53- . . . Mr. Sweatt related Planning and Zoning held their public hearing last week and it was discovered there was an error in the notification of property owers. Several were omitted from the process. Items #7 and #8 will be voided tonight and it is recommended they be tabled. At this time Mayor Baldwin explained the procedures to be followed for a public hearing. Mr. Sweatt pointed out the location on the map. Mr. Swinney asked what the access roads are and Mr. Sweatt replied there will be frontage on Green Valley and perhaps they will use Circle Oak. They haven't submitted a plat, so he doesn't know for sure. Mr. Greenwald mentioned that one of the problems was they had not submitted a Traffic Impact Analysis. Mr. McDonald inquired if they are asking for a gated community and Mr. Greenwald answered they changed it to a Garden Home request. No one was present from Lancaster Development to answer questions, so Mayor Baldwin closed the public hearing at this time. . #8 ORDINANCE: Consider and take action on first reading of Ordinance rezoning 40.66 acres from R-1 to R-2 and R-6. Mr. McDonald moved to table action on this request until they receive input from Planning and Zoning as to the status. Mr. Swinney seconded the motion, which carried with the following votes: Ayes: Councilmembers McDonald, Agee, Swinney and Greenwald. Nays: None. #9 PUBLIC HEARING: To receive citizen comments on a request from Cliff Johnson to rezone 31.030 acres from RIA to MH. Mr. Sweatt stated this request will be voided the same as the one from Lancaster Development. At Planning and Zoning's public hearing last week it became apparent that Mr. Johnson did not have the property owner's full authority to rezone. The final closing on the sale of the property is still pending. It is recommended the request be tabled. . Mr. Sweatt then pointed out the location on the map. Eugene Chavez, an attorney hired by C.C. Ranch, Inc., stressed his clients are vehemently opposed to this rezoning and will make their comments known at the public hearing to be scheduled later. -54- . . . There being no further comments or questions, Mayor Baldwin closed the public hearing at this time. #10 ORDINANCE: Consider and take action on first reading of Ordinance rezoning 31.030 acres from RIA to MH. Mr. McDonald moved to table action on this Ordinance until they receive input from Planning and Zoning as to the status. Mr. Swinney asked if they can't just let the motion die for lack of a second. Mr. McDonald withdrew his motion and it died for lack of a second. #11 PUBLIC HEARING: To receive citizen comments on a request from the Staudt family for a Specific Use Permit allowing them to put horse stables on Ware-Seguin Road. Mr. Sweatt pointed out the location on the map. He then advised that two letters were sent out to property owners within the required distance and none were returned either for or against the proposal. A site plan will be required prior to the building of the horse stables. Planning and Zoning recommends approval of the request. . Since no one from the Staudt family was present to answer questions, Mayor Baldwin closed the public hearing. #12 Consider and take action on above request from the Staudt family for a Specific Use Permit. Mr. McDonald asked if the owners had been advised of the public hearing and was told they had been. He then moved to table action on the request until the Staudt family can appear at a meeting to answer questions. Mr. Swinney seconded the motion, which carried with the following votes: Ayes: Councilmembers McDonald, Agee, Swinney and Greenwald. Nays: None. #13 WAIVER: Consider and take action on request from Lone Star Pet Supply, Inc. for a waiver to the sidewalk requirement in Tri-County Business Park. Mr. Sweatt reminded Council they have in their packets a letter from Dennis Stahl who proposes to locate in the Tri-County Industrial Park. The issue of sidewalks arose and they are requesting a waiver. Sidewalks have not been required in the past in Tri-County. . -55- . . . Mr. McDonald, saying he appreciates where they are coming from, stated he still likes sidewalks. He is, however, open for discussion. Mr. Agee pointed out Tri-County has more vehicular than pedestrian traffic. Mr. Swinney and Mr. Greenwald agreed with Mr. Agee's opinion. Mr. Greenwald moved to approve the request from Lone Star Pet Supply, Inc. for a waiver to the sidewalk requirement in Tri-County Business Park. Mr. Swinney seconded the motion, which carried with the following votes: Ayes: Councilmembers McDonald, Agee, Swinney and Greenwald. Nays: None. #14 CITY MANAGER'S REPORT Told Council the next workshop falls on New Year's Eve and the agenda looks light. He would like for them to consider cancelling that meeting. Council had no problem with that and their consensus was to cancel the December 31st workshop. #15 ITEMS BY COUNCil . Mr. Aoee reported there is a new set of triplets in the area. Lee Boswell's daughter, Becky, gave birth to two boys and a girl. The family lives in Cibolo. Mr. Swinney thanked the Staff for the Flood Appreciation dinner last week and then invited everyone to stay after the meeting and help celebrate his birthday. Mr. Greenwald reported that he and John Bierschwale attended a CRWA meeting on Monday. They are now looking at different routes for a pipeline. One plan comes down FM 78 and we would still have to tie in. The City needs to look at acquiring water right now because we need our own plant. Mr. Sweatt noted there are some real divided opinions out there. Mr. Greenwald added he doesn't see the City giving up whatever acreage is allotted. #16 ITEMS BY MAYOR Congratulated Mr. Swinney on his 38th birthday. #17 ADJOURNMENT On a motion by Mr. McDonald, seconded by Mr. Greenwald and unanimously carried, the meeting was adjourned at 7:48 p.m. . -56-