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ccreg 01-20-1998 . . . REGULAR SESSION OF THE SCHERTZ CITY COUNCIL JANUARY 20,1998 The Schertz City Council convened in Regular Session on Tuesday, January 20, 1998 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; Council members Charles McDonald; Joe Potempa; Timothy Swinney and Ken Greenwald. Absent: Councilmember Norman Agee, Sr. 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 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. . · Mike Lancaster of Lancaster Development asked that action on his request to rezone 40.66 acres be tabled until the next meeting because he has a new plan and has made substantial changes. He has reserved the Community Center next door and would like for those in the audience who are interested to go over there with him and he will present his new plans to them. Mayor Baldwin asked if he wants to delay the public hearing which is scheduled or just the decision and Mr. Lancaster replied the decision. There was discussion on this request. Mr. Sweatt suggested action on the request either be tabled or disapproved. Council could then act on the amended plan or refer the matter back to Planning and Zoning. Mayor Baldwin commented that if the plans change, then Council needs to have a public hearing on the latest information. Mr. Sweatt then remarked that if it is tabled, say for two weeks, then they could hear the updated information at that time. Mr. Swinney wondered if in fairness to the citizens present, they should hold the public hearing as scheduled. Mr. Greenwald pointed out they can go ahead and hold the public hearing and deny the request, then have Mr. Lancaster start all over. Mayor Baldwin asked Mr. Lancaster if he was prepared to present all the updated information at this time and Mr. Lancaster replied all but the traffic impact analysis - the study is in progress. . Mr. Sweatt advised they will do whatever Council directs. In his opinion, they will not have to advertise the public hearing again if the request is not denied. David Richmond of the Planning and Zoning Commission spoke at this time -92- . . e saying if Mr. Lancaster is changing his plans, then the Planning and Zoning Commission should review them again. After more discussion, Mr. Sweatt suggested continuing on with the public hearing as scheduled and the Council can deny the request, can table it indefinitely, or can table it for a specific time. Mayor Baldwin felt that withdrawing and starting over seemed the most legal. He then asked if Council could hold a joint public hearing with Planning and Zoning. A gentleman in the audience noted that doesn't give the public much of a chance to digest the information. There was a brief review of Mr. Lancaster's request to rezone from R-1 to R-6 and R-2. Mr. Swinney observed that from what he was hearing, he doesn't see a meeting of the minds regarding the R-6 zoning. Mr. Lancaster asked that his request be withdrawn and then asked for a joint public hearing with Council and Planning and Zoning. Mr. Sweatt indicated he doesn't think the public hearing can be withdrawn. (It was decided to go ahead with the public hearing.) . #2 PUBLIC HEARING: To receive citizen comments on a request from Lancaster Development for the rezoning of approximately 40.66 acres of Kermit G. Harborth property bounded by FM 3009 and Green Valley Road from R-1 to R-6 and R-2. Mayor Baldwin explained the procedures to be followed for the public hearing. . Harry McMillin of 3009 Bent Tree Drive stated the original plan was from R-1 to R-6. When is enough enough? There a lot of small lots throughout the City. Mr. Lancaster can build less expensive houses on small lots and that means more families, etc. At whose expense? Rezoning from R-1 to R-6 just exacerbates the problem. · Jerry Hennig of 1414 Circle Oak emphasized he would like to have a firm plan to study so he can either support it or oppose it. This is the third time he has been here and the plan keeps changing. . James Aderhold, an attorney from San Antonio, remarked the developer does have the right to request a joint public hearing. . David Richmond expressed concern about the time period between the presentation and a joint public hearing. . . Pat Gauntt of 1509 Green Valley Road commented he has a 6,000 square foot house and was assured by Planning and Zoning they would protect Greenshire from a lot of less expensive houses. -93- . . . . A gentleman in the audience (name unknown) asked for a copy of the environmental study and Mr. Sweatt explained that one is not needed for a zoning change. Mr. Potempa asked Mr. Lancaster about the traffic impact analysis and Mr. Lancaster replied he did a Level 1 which he presented last week. There is a Level 2 study in progress. There being no further questions or comments, Mayor Baldwin closed the public hearing at this time. #3 ORDINANCE: Consider and take action on first reading of an ordinance regarding a request from Lancaster Development to rezone approximately 40.66 acres from R-1 to R-6 and R-2. Mr. Sweatt advised Council they can act on the original ordinance, they can act on the request to withdraw, they can table action on the request, or they can deny the request. . Mr. Swinney observed that Mr. Lancaster has an investment in this and the citizens have an investment. The biggest objection he hears is opposition to the R-6 zoning. He then moved to disregard the request to remove the zoning change request from consideration and vote on the original ordinance as stated. Mr. McDonald seconded the motion. Mr. Greenwald asked why not continue and Mr. Swinney replied because of the density of R-6 zoning and no semblance of compromise between Mr. Lancaster and the citizens. A vote was taken on Mr. Swinney's motion at this time and it carried as follows: AYES: Councilmembers McDonald, Potempa, Swinney and Greenwald. NAYS: None. Mayor Baldwin then introduced an ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE UNIFIEO OEVELOPMENT CODE (UDC) ORDINANCE NO. 96-5-28 BY REZONING APPROXIMATELY 40.66 ACRES OF LAND OUT OF GUADALUPE COUNTY AND REFLECTING SUCH CHANGES ON CERTAIN ZONING MAPS IN ACCORDANCE WITH THE SCHERTZ UDC CODE. . Mr. McDonald moved to deny the first reading of the Ordinance regarding a request from Lancaster Development to rezone approximately 40.66 acres from R-1 to R-6 and R-2 and reminded Mr. Lancaster that accoording to the UDC -94- . . . Ordinance he cannot come back with a request for an R-6 zoning for six months. Mr. Potempa seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Swinney and Greenwald. NAYS: None. #4 1996/97 AUDIT REPORT: Consider and take action regarding the 1996/97 Audit Report. Fred Timmons presented Council with a financial report and they briefly reviewed some of the items on pages 13 and 15. Mr. Timmons said overall the books and records are in tremendous condition. He does feel some controls are needed in the Municipal Court area. Mayor Baldwin, who is on the Audit Committee, noted the City is in outstanding fiscal condition and he recommends approval of the audit. Mr. McDonald commended Mr. Sweatt on the turnaround in the Finance Department and Mr. Sweatt thanked him, but pointed out the bulk of the load went to Fred Timmons and L.J. Cotto . Mr. McDonald moved to accept the 1996/97 Audit Report. Mr. Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Swinney and Greenwald. NAYS: None. #5 SIDEWALK WAIVER REQUEST: Consider and take action on request from Interplastic Corporation for a sidewalk waiver. Mr. Sweatt reported this was discussed at the last workshop. Interplastic is located in Tri-County and they are asking for a sidewalk waiver. There are currently no sidewalks in Tri-County. The Council has granted other sidewalk waivers in this location. Mr. Potempa moved to approve the sidewalk waiver request from Interplastic Corporation. Mr. Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Swinney and Greenwald. NAYS: None. . -95- . . . #6 SALARY PLAN STUDY: Consider and take action on professional service proposal for salary plan study. Mr. Sweatt related they are looking to hire a consultant to review the City's salary plan. They received only one in compliance with their request and it is felt that one missed the intent completely. They recommend rejecting the one received and authorizing the City to resubmit. The downside to this is the study won't be available for the mid-year budget review. Mr. Potempa moved to reject the bid from Ray Associates regarding a salary plan study and authorize the City to resubmit. Mr. Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Swinney and Greenwald. NAYS: None. #7 ORDINANCE: Consider and take action on first reading of an Ordinance authorizing the levy of a sales tax, creation of the City of Schertz Economic Development Corporation, and approval of Articles of Incorporation and Bylaws for the Corporation. . Mayor Baldwin introduced an ordinance and read the caption as follows: AN ORDINANCE AUTHORIZING AND APPROVING THE CREATION OF THE CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION TO ACT ON BEHALF OF THE CITY OF SCHERTZ, TEXAS; LEVYING AN ADDITIONAL SALES AND USE TAX AS PROVIDED IN THE DEVELOPMENT CORPORATION ACT OF 1979, AS AMENDED; AND OTHER MATTERS IN CONNECTION THEREWITH. Mr. Sweatt advised the By Laws and Articles of Incorporation were in Council's workshop packet. They call for seven (7) members and according to State law, four (4) of those can be members of City Council. The organizational meeting of the Corporation is in mid February. The ordinance before Council has a portion of the names, but still leaves two (2) members unnamed. Those will be filled in. Mr. McDonald mentioned he had volunteered to serve until his Countil term is up and they can reappoint him then if they want to. Mr. Greenwald noted that Johnie McDow's name had been added to the list. . Mr. Greenwald moved to approve the first reading of the Ordinance authorizing the levy of a sales tax, creation of the City of Schertz Economic Development -96- . . . . . Corporation, and approval of the Articles of Incorporation and By Laws for the Corporation. Mr. Potempa seconded the motion, which carried with the following votes: AYES: Council members McDonald, Potempa, Swinney and Greenwald. NAYS: None. #8 BID AWARD: Consider and take action awarding bid for sand regarding Ware-Seguin Water Line Project. Mr. Sweatt advised this began as an in-house project, but due to the flood and other work, they decided to take bids. Three were submitted and it is recommended the award go to Blanco Trucking, Inc. in the amount of $11,200 for 2800 tons of sand. Mr. Potempa moved to award the bid for 2800 tons of sand for the Ware-Seguin Water Line Project to Blanco Trucking, Inc, in the amount of $11,200. Mr. Swinney seconded the motion, which carried with the following votes: AYES: Council members McDonald, Potempa, Swinney and Greenwald. NAYS: None. #9 RESOLUTION: Consider and take action regarding a Resolution approving and authorizing execution of an Interlocallnvestment Agreement for participation in the MBIA Investors Service Corporation, designating the pool as an agency, approving investment policies of the pool and appointing authorized representatives. Mayor Baldwin introduced a Resolution and read the caption as follows: RESOLUTION NO. 98-R-1 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING AND AUTHORIZING EXECUTION OF AN INTERLOCAL INVESTMENT AGREEMENT FOR PARTICIPATION IN THE MBIA MUNICIPAL INVESTORS SERVICE CORPORATION DESIGNATING THE POOL AS AN AGENCY AND INSTRUMENTALITY, APPROVING INVESTMENT POLICIES OF THE POOL, APPOINTING AUTHORIZED REPRESENTATIVES, AND DESIGNATING INVESTMENT OFFICERS. Mr. Sweatt informed Council they have an investment policy that complies with State law. Council has previously authorized participation in Lone Star and Logic. They would like to add this third pool as an alternative. There will be no -97- (/) ::J L.. ,E .!E. :.c L.. ::J o >, ro 0. . .~ ::: . T5 C ::J o . ()~ >,.Q ..aU) "0(1) (1) ::J >0- o L.. 5.$ 0.(/1 ro C ~ro =0 0- 0.(1) L.. -(1) 55.c E.!a U)~ (1) 0 >() .5 . (1)""':! .c...J - .c' _"0 .~ ffi t5E =<1> 1:"0 8 5 . 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