ccreg 01-20-1998
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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.
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· 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.
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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
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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.)
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#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.
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. 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.
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. 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.
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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.
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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
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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
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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.
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#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.
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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.
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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
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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
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