ccreg 03-17-1998
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SCHERTZ CITY COUNCIL REGULAR SESSION
MARCH 17, 1998
The Schertz City Council convened in Regular Session on Tuesday, March 17,
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: Councilmembers Charles McDonald; Joe Potempa;
Timothy Swinney and Ken Greenwald. Absent: Council member 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. Following the Pledge, he presented a Proclamation to Chris Bice of
Samuel Clemens High School in recognition of his achievement in being named
one of the State's top honorees in the Prudential Spirit of Community Awards
program. The week of March 22~d through March 28th was proclaimed Prudential
Spirit of Community Recognition Week in the City of Schertz.
#1 APPROVAL OF MINUTES:
Workshop Session 11-12-97
Regular Session 11-18-97
Workshop Session 12-02-97
Mr. Swinney noted that in the minutes of 11-12-97, Page 3, 4th paragraph under
City Manager's Report, the phrase economies of skill should be changed to
economies of scale.
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Mr. Greenwald moved to approve the minutes, as amended, for the Workshop
Session 11-12-97, the Regular Session 11-18-97 and the Workshop Session 12-
10-97. Mr. McDonald seconded the motion, which carried with the following
votes:
AYES: Councilmembers McDonald, Potempa, Swinney and Greenwald.
NAYS: None
ABSTENTIONS: Council member McDonald for the Workshop Session of 11-12-
97; Councilmember Potempa for the Workshop Session of 12-02-97; and
Councilmember Swinney for the Regular Session of 11-18-97.
#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.
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Mayor Baldwin asked everyone who had signed up if they wanted to speak at the
public hearing and they replied yes. He told them the meeting will continue on at
this time and they can have their say at the public hearing.
#3 PUBLIC HEARING: To receive citizen comments on a request from
Lancaster Development Company to rezone 40.66 acres from R-1 to R-2.
Mayor Baldwin explained the procedures to be followed at the public hearing.
Mr. Sweatt pointed out the location on the map and gave the surrounding zoning.
Mr. Sweatt stated the Planning and Zoning Commission has already held their
public hearing and recommends approval of the request for rezoning. The letters
sent to property owners within the required distance numbered 27 of which 3
were returned in favor and 2 were returned opposed.
Mr. Sweatt went on to say the Traffic Impact Analysis was reviewed and the
change of zoning will only generate 14 additional peak hour trips. All traffic will
feed to FM 3009. Mr. Lancaster's plan will add 14 more lots than if all the
property were to remain zoned R-1. Mr. Lancaster has worked extensively with
the neighborhood groups and feels everyone is comfortable with this rezoning.
Mr. McDonald asked Mr. Lancaster if he is prepared to bring the sidewalk all the
way down to FM 3009. Mr. Lancaster replied he is prepared to do that.
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Mr. Potempa wondered if there will be a request from Mr. Lancaster for more
variances and Mr. Lancaster indicated more variances will not be needed. Mr.
Lancaster then pointed out that Dr. Harborth has agreed to dedicate 50' as a
buffer for use by the residents in Oak Manor Estates.
Mr. Sweatt mentioned that the roadway serving from FM 3009 is proposed to
align with Savannah Drive. Mr. Lancaster commented hopefully there will be a
traffic light there some day.
Mr. Swinney asked if they've had any luck with preserving the trees. Mr.
Lancaster noted they are removing only dead trees.
Jean Stewart of 1308 Circle Oak asked if there's going to be a buffer zone
between Circle Oak and the houses backing up to it. Mr. Lancaster replied the
drainage channel will provide a buffer. Ms. Stewart then asked if the area will be
fenced and Mr. Lancaster replied yes it will. Ms. Stewart also asked about
commercial zoning and Mr. Lancaster said there is some, but it is not being
developed.
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Richard Adams of 4305 Spanish Oak commented letters to some of the
property owners were sent in February asking if anyone opposed the rezoning
and there was no response.
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Pat Gauntt of 1509 Green Vallev Road asked that Mr. Lancaster spare as many
trees as possible to preserve his privacy in the Oak Manor Estates Subdivision.
Mr. Lancaster agreed to do so.
Jeanine Claus of 3721 Hull St. inquired if the land in front is zoned for
professional business. Mr. Sweatt answered it is has a zoning classification of
Office and Professional. Ms. Claus then asked if the large tree will remain and
Dr. Harborth replied it will if he can control the situation.
Mr. Lancaster questioned if there's anything in the ordinance saying they can't
plant trees. Mr. Sweatt responded you can plant trees as long as they do not
obstruct the line of sight.
Mr. Swinney said he understood the minimum price of the homes would be
$130,000 and Mr. Lancaster indicated that is correct. Ms. Claus then wondered
if that would be the Executive Series of homes and Mr. Lancaster told her they
don't have a series like that.
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Mr. Swinney told Mr. Lancaster he was skeptical of his plan at first, so he wants
to commend him for working with the citizens, the homeowners and the City in
getting the problems worked out. He knows it's been a long process. Along this
same line, Mr. Potempa told Dr. Harborth he appreciates all the concessions he
has made on this project.
Mr. McDonald asked when the commercial property in Woodland Oaks will be
developed. Mr. Lancaster replied once the traffic light goes in.
There being no further questions or comments, Mayor Baldwin closed the public
hearing at this time.
#4 ORDINANCE: Consider and take action on first reading of Ordinance
rezoning 40.66 acres from Single-Family Residential District (R-1) to Single
Family Residential District (R-2).
Mayor Baldwin introduced an ordinance and read the caption as follows:
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING
THE UNIFIED DEVELOPMENT 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 ORDINANCE.
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Mr. Greenwald moved to approve the first reading of an Ordinance rezoning
40.66 acres of land from R-1 to R-2. Mr. Swinney seconded the motion.
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(Note: It was pointed out that the acreage listed on the agenda and in the
caption of the ordinance should be 23.6 instead of 40.66. This will be corrected
for the final reading of the Ordinance.)
At this time Mr. Greenwald amended his motion to say he approved the first
reading of an Ordinance rezoning 23.6 acres of land from R-1 to R-2. Mr.
Swinney seconded the amended motion, which carried with the following votes:
AYES: Councilmembers McDonald, Potempa, Swinney and Greenwald.
NAYS: None.
After the vote, Mayor Baldwin thanked Mr. Lancaster for his spirit of cooperation
on this request.
#5 ORDINANCE: Consider and take action on first reading of Ordinance
regarding rate changes for the 1998 swimming pool season.
Mayor Baldwin introduced an ordinance and read the caption as follows:
AN ORDINANCE
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BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING
THAT THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS BE
AMENDED BY REVISING CHAPTER 12 %, ATTACHMENT "B" OF SAID
CODE, PROVIDING FOR THE USE AND REGULATIONS OF THE SWIMMING
POOL FACILITY; AND REPEALING ALL PARTS OF ORDINANCES IN
CONFLICT.
Mr. Sweatt reminded Council they had been provided, in their packets, the new
rate schedule for review. As he mentioned before, they have in the past
conducted an adult night program, but they propose to eliminate it because of
poor attendance. It is appropriate to consider these changes to make the pool
more of a stand alone business. They would like to close the gap between
revenues and expenditures.
Mr. Potempa wondered why swimming lessons were so cheap for out-of-City
residents. Mr. Sweatt explained if they can teach them to swim, it will payoff for
the City in future years.
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Mr. Swinney moved to approve the first reading of an Ordinance regarding rate
changes for the 1998 swimming pool season. Mr. Greenwald seconded the
motion, which carried with the following votes:
AYES: Councilmembers McDonald, Potempa, Swinney and Greenwald.
NAYS: None.
#6 Discuss proposed amendment and extension of lease agreement for City-
owned parcel of real property to Eller Media Company.
Mr. Sweatt advised this item was not on the workshop agenda last week. It is on
tonight's agenda only for discussion and it will be on the next workshop agenda
for action.
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Mr. Sweatt further stated the City entered into an agreement in 1993 with Poole
Outdoor Advertising which was bought out in 1994 by Revere National
Corporation. Revere was bought out in 1996 by Eller Media. The lease
agreement is for the placement of a pole-type sign on City property near the
intersection of the IH-35 and FM 482/2252 exit. The original lease was for five
years from 1993 until 1998. The amended lease is proposed to be for an
additional five years commencing July 1, 1998 and expiring June 30, 2003. The
rental rate beginning July 1998 would increase to $750 per quarter and increase
the fourth year to $800 per quarter. They have added item #3 to the amendment
which reads as follows: "The panel faces of the structure will be restricted from
advertisers of a sexual nature." This was done in an effort to be responsive to
certain complaints about the use of advertising of this nature.
Mr. McDonald asked if it would be appropriate to limit tobacco ads. Mr. Swinney
mentioned limiting ads for alcohol. Mr. Sweatt acknowledged they can do
whatever is the pleasure of the Council. If there are no objections, this item will
be on the first agenda in April for action. Council did not object.
#7 Discuss recommendations regarding traffic control measures at the
intersection of Ashley Park and Baldwin Park.
Mr. Sweatt related that as a result of a request from a citizen, the Police
Department and Public Works Department have conducted a study of traffic
issues at the intersection of Ashley Park and Baldwin Park and believe a three-
way stop is warranted. Traffic volume appears to support the need to interrupt
the flow of traffic on Ashley Park to provide Baldwin Park entrance. Also,
development of the park will necessitate additional safety measures. Mr. Swinney
inquired if there will be a crosswalk at the intersection and Mr. Sweatt replied not
now, but perhaps once the park is developed.
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Mr. Sweatt mentioned they would have the approval of the first reading of an
ordinance on this three-way stop on next week's workshop agenda if Council is
ready for that. Council agreed they were ready.
#8 CITY MANAGER'S REPORT
. Commented they are working on the narrative for the xeriscape park
dedication on April 19th at 2:00 p.m. They are also discussing where to put
the plaque. He would like Council to authorize the staff to move forward on
this project. Council authorized Mr. Sweatt's request. Mr. Sweatt also
mentioned that this past weekend Ray Wofford, who is here tonight, helped
plant some 140 plants and helped move compost and mulch. Mayor Baldwin
announced he will be out of town on April 19th.
. Reminded everyone of Employee Remembrance Day on March 20th and the
ceremony at the Public Works Center at noon. This is the second year the
City has done this.
. Noted the Northeast Partnership is planning a business appreciation
gathering for May 14th at the Live Oak Civic Center. He will provide them
more information later.
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. Remarked the TML Region 7 meeting is March 2ih and he needs Council's
RSVP's. Mayor Baldwin said he will attend.
. Express~ thanks to Commissioner Wolverton who worked with adults on
probation and removed lots of debris along the Cibolo Creek.
#9 ITEMS BY COUNCIL
Mr. McDonald:
. Stated this is Riedel's 50th year in business. Is it appropriate to honor them
with a Proclamation? Mayor Baldwin commented he has no problem with
that, but it kind of sets a precedent. After a lot of discussion it was decided to
let the Mayor bring it up at the next Schertz Business Association meeting to
see if they want to do anything and then report back to Council.
. Asked if Chief Smith is okay. Mr. Sweatt reported the Chief is doing well.
Mr. Swinney:
. Commented he supports the decision to discontinue adult night at the pool.
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. Informed Council that Hugo Ackermann used to work for the City. Could he
be included on Employee Remembrance Day? Mr. Sweatt promised to
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