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ccreg 06-16-1998 . . . . . REGULAR MEETING OF THE CITY COUNCIL JUNE 16, 1998 The Schertz City Council convened in Regular Session on Tuesday, June 16, 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 Pia Jarman; Joe Potempa; Norman Agee, Sr.; Timothy Swinney and Ken Greenwald. 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: Workshop Session Regular Session Workshop Session Regular Session Regular Session Workshop Session 02-11-98 02-17-98 04-01-98 04-07 -98 04-21-98 04-29-98 Mr. Greenwald moved to approve the minutes, as written, for the Workshop Session of 2-11-98, the Regular Session of 2-17-98, the Workshop Session of 4-1-98, the Regular Session of 4-7-98, the Regular Session of 4-21-98 and the Workshop Session of 4-29-98. Mr. Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Potempa, Agee, Swinney and Greenwald. NAYS: None. ABSTENTIONS: Council member Jarman on all the Sessions, Council member Potempa on the Workshop Session of 2-11-98 and the Workshop Session of 4-29-98, and Council member Swinney on the Workshop Session of 4-1-98. #2 HEARING OF RESIDENTS: Those citizens wishing to speak on agend~ items (other than public hearing items) or items not on the agenda, will be hea'rd at this time. Three people had signed up to speak, but after being questioned by Mayor Baldwin, it was determined they wanted to comment on specific agenda items and agreed to wait until such time as those items were discussed. ' ' -221- . . . #3 ORDINANCE: Consider and take action on final reading of Ordinance rezoning 31.03 acres out of Bexar County from Residential/Agriculture (RIA) to Manufactured Home Parks/Subdivision District (MHP/MHS). (Cliff Johnson property) Mayor Baldwin introduced an ordinance and read the caption as follows: ORDINANCE NO. 98-S-17 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AMENDING THE UNIFIED DEVELOPMENT CODE (UDC) ORDINANCE NO. 96-S-28 BY REZONING APPROXIMATELY 31.03 ACRES OF LAND OUT OF BEXAR COUNTY AND REFLECTING SUCH CHANGES ON CERTAIN ZONING MAPS IN ACCORDANCE WITH THE SCHERTZ UDC ORDINANCE. Mr. Greenwald moved to approve the final reading of an Ordinance rezoning 31.03 acres out of Bexar County from RA to MHP/MHS. Mr. Potempa seconded the motion. . Mr. Johnson commented he had nothing to add at this particular time. He and Mr. Russell spoke with a gentleman in California today who is supposed to do a site lookover for funding purposes. He thanked the Council for their time and consideration. At this time the vote was taken and the motion carried as follows: AYES: Councilmembers Jarman, Potempa, Agee, Swinney and Greenwald. NAYS: None. #4 PUBLIC HEARING: To receive citizen comments on a request from M.W. Cude Engineers, L.L.C. (ABG Investments) to rezone 20.54 acres out of Guadalupe County from General Business (GB) to Single-Family Residential District (R-2). Mayor Baldwin explained the procedures to be followed for the public hearing. Mr. Sweatt then pointed out the location of the proposed rezoning on the map and stated that four (4) notices were sent to property owners within the required distance and one (1) was returned in favor of the rezoning. . Michael Cude was at the meeting to make his presentation. He showed a drawing to Council for their review and advised that the engineer for the developer is Brad Galo. Mr. Cude went on to say this project will extend Woodland Oaks Drive out to Schertz Parkway. There are 113 lots sized at 70' x 120' and they are reserving approximately seven (7) acres for General Business development. -222- . . . Mr. Swinney asked if Council didn't have a discussion last year about leaving General Business zoning along Schertz Parkway. Mayor Baldwin replied that Dr. Byron Steele is very concerned about this, but then observed he's not sure it's realistic to expect all General Business along that area. Mr. Swinney then expressed concern about the density of traffic in the area. Mayor Baldwin pointed out the opening up of Woodland Oaks Drive all the way to Schertz Parkway will lessen the traffic on FM 3009. Mr. Potempa inquired about the price range of the new homes in the development. Mr. Galo indicated they would be $130,000 and up. There being no further questions or comments, Mayor Baldwin closed the public hearing at this time. #5 ORDINANCE: Consider and take action on first reading of Ordinance rezoning 20.54 acres out of Guadalupe County from GB to R-2. (M.W.Cude) 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) NO. 96-S-28 BY REZONING APPROXIMATELY 20.54 ACRES OF LAND OUT OF GUADALUPE COUNTY AND REFLECTING SUCH CHANGES ON CERTAIN ZONING MAPS IN ACCORDANCE WITH THE SCHERTZ UDC ORDINANCE. Mr. Greenwald moved to approve the first reading of an Ordinance rezoning 20.54 acres out of Guadalupe County from GB to R-2. Mrs. Jarman seconded the motion, which carried with the following votes: AYES: Councilmembers Jarman, Potempa, Agee, Swinney and Greenwald. NAYS: None. Noticing that the people representing the Wat Saddhadhamma Buddhist Temple were in the audience, Mayor Baldwin suggested moving Item #13 on the agenda up for the next discussion. Council agreed. #13 WAIVER: Consider and take action approving sidewalk waiver for Wat Saddhadhamma Buddhist 1518 Temple. . Mr. Sweatt related the City had a request from the Temple for this waiver and that both the City of Schertz and the City of San Antonio are involved. A portion -223- . . e of the property (250' off the centerline of the roadway) owned by the Temple is in the City of Schertz. The rest of the property is in San Antonio's ET J. The Temple has pursued the building program for over a year and in the process of plat approval, it was discovered that San Antonio requires a sidewalk. If the sidewalk is built, it will be in the City of Schertz. Therefore, the Temple has requested this waiver. David Enos, representing the Temple, noted the plat should be completed and they should be moved into the Temple by the end of June or first part of July. A sidewalk would simply be a waste of concrete and would constitute the only piece of sidewalk on the entire stretch of FM 1518 between FM 78 and 1-10. They are building 40' back to accommodate future road expansion. Mr. Greenwald asked where the front door is located and Mr. Enos replied 150' to 200' back from that portion of property located in the City of Schertz. Mr. Swinney asked how many people will reside there and Mr. Enos answered 4 to 6 Buddhist monks. Mr. Potempa wanted it clarified that monks will be living on the property and Mr. Enos reiterated that's correct - it is considered commercial property. . Mr. Potempa moved to approve a sidewalk waiver for the Wat Saddhadhamma Buddhist FM 1518 Temple. Mr. Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers Jarman, Potempa, Agee, Swinney and Greenwald. NAYS: None. Mr. Enos thanked Council for their cooperation. #6 BID AWARD: Consider and take action on awarding bid for data processing equipment. Mr. Sweatt explained this had been discussed at the workshop last week and the tabulations had been furnished at that time. After review, it is recommended the bid be awarded to AIlGen Computer Warehouse in the amount of $10,025.83. The amount is budgeted and now all the administrative staff in the Municipal Complex will have PC's. They will also be able to go onto the mainframe if necessary. . -224- . . . Mr. Agee moved to award the bid for data processing equipment to AIlGen Computer Warehouse in the amount of $10,025.83. Mr. Swinney seconded the motion, which carried with the following votes: AYES: Councilmembers Jarman, Potempa, Agee, Swinney and Greenwald. NAYS: None. #7 ORDINANCE: Consider and take action on first reading of Ordinance regarding traffic controls on Green Valley Road and Greenshire Drive. Mayor Baldwin introduced an ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING SECTION 18-49, THREE-WAY STOPS AND SECTION 18-76, MAXIMUM LIMITS ON SPECIFIC STREETS; AND PROVIDING A REPEALING CLAUSE. . Mr. Sweatt advised this action is in response to requests by citizens and recommended by the Public Works Department and the Police Department. It is the plan of the City to install a three-way stop at the intersection of Green Valley Road and Greenshire Drive and to reduce the speed limit on Green Valley Road, from the City limits to FM 3009, from 35 mph to 30 mph. Mr. Agee moved to approve the first reading of an Ordinance regarding traffic controls on Green Valley Road and Greenshire Drive. Mrs. Jarman seconded the motion. Mr. Swinney, asking about the correct parliamentary procedure, wanted to move to amend the original motion by Mr. Agee and omit Section I - the three-way stop at the intersection of Green Valley Road and Greenshire Drive and just go with Section 2, reducing the speed on Green Valley Road, from the City limits to FM 3009, from 35 mph to 30 mph. He was told he would have to have the consent of Council to do that. No one consented and Mr. Agee said his original motion stands. Before the vote, there was discussion about Mr. Swinney's reasons for not wanting the three-way stop. Mr. Swinney felt a stop sign one-third of the way up the hill makes no sense. He disagreed with the principle of using a stop sign for speed control. He stated that if speed is the problem, then the City should deal with it. . -225- . . . Mr. Greenwald pointed out that a three-way stop at Ashley Park and Baldwin Park did essentially the same thing - it interrupted the traffic flow. Mrs. Jarman mentioned that Planning and Zoning had studied several areas very well and determined that traffic comes swooping up and can't see beyond a dangerous spot. Mr. Swinney remarked there's a new subdivision going in where the school was supposed to be and it appears they're building a road parallel to Greenshire Drive. Mayor Baldwin indicated he doesn't think Planning and Zoning would approve a subdivision onto Green Valley Road without requiring that the developer improve Green Valley Road. Mr. Sweatt promised to check into it and said if there's any other extension out to Green Valley Road, they will certainly examine it. Mr. Greenwald stated the only thing that has come before Planning and Zoning in the last 2 to 3 meetings is Woodland Oaks Unit #6. At this time the vote was taken and the motion carried with the following votes: AYES: Councilmembers Jarman, Potempa, Agee and Greenwald. NAYS: Councilmember Swinney. . #8 MEMBERSHIP: Consider and take action regarding membership on Schertz Economic Development Corporation Board of Directors. Mr. Sweatt advised that Charles McDonald's term would expire on September 30, 1999, but since he is no longer on Council, the by-laws specify that he cannot serve. The Board member has to be a member of Council, so he is recommending that another Council person be appointed to fill Mr. McDonald's term. Mayor Baldwin commented he's amazed at the number of Councilmembers on the Board. Why not just make the whole Board members of Council? Mr. Sweatt reminded him it was specifically formed to have four (4) Councilmembers and three (3) citizens. Mr. Swinney noted that's in the norm and it was approved by the City Attorney. The reason for having four (4) Councilmembers on the Board is because they are accountable for tax money. They also have citizens on the Board because they want their input. Mayor Baldwin then asked for a volunteer. Mr. Potempa, stating he had already been asked to resign from two different boards, explained he was afraid to volunteer. Mrs. Jarman then volunteered. . Mr. Swinney moved to approve the appointment of Pia Jarman to the Schertz Economic Development Corporation Board of Directors. Mr. Greenwald seconded the motion. Before the vote, Mrs. Jarman wanted it clarified that her -226- . . . appointment was for the unexpired term of Charles McDonald until September 30, 1999. Mr. Swinney amended his motion to make such a clarification. At this time the vote was taken and the motion carried with the following votes: AYES: Councilmembers Jarman, Potempa, Agee, Swinney and Greenwald. NAYS: None. #9 ORDINANCE: Consider and take action on first reading of Ordinance reflecting change of name from Security Capital Industrial Trust to ProLogis Trust. Mayor Baldwin introduced an ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF SCHERTZ, TEXAS, AMENDING CITY OF SCHERTZ ORDINANCE NO. 96-T-27, REFLECTING THE CHANGE OF NAME FROM SECURITY CAPITAL INDUSTRIAL TRUST TO PROLOGIS TRUST; AND ESTABLISHING AN EFFECTIVE DATE. . Mr. Swinney moved to approve the first reading of an Ordinance reflecting a change of name from Security Capital Industrial Trust to ProLogis Trust. Mr. Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Jarman, Potempa, Agee, Swinney and Greenwald. NAYS: None. #10 ORDINANCE: Consider and take action on first reading of Ordinance reflecting change of name from Ramada Inn, Ltd. to Atrium Inn. Mayor Baldwin introduced an ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF SCHERTZ, TEXAS, AMENDING CITY OF SCHERTZ ORDINANCES NO. 94-T-26 AND 94-T-27, REFLECTING THE CHANGE OF NAME FROM THE RAMADA L TO. TO THE ATRIUM INN; AND ESTABLISHING AN EFFECTIVE DATE. . Mayor Baldwin then asked Mr. Sweatt to explain the reasons for these two ordinances. Mr. Sweatt pointed out it is simply a housekeeping issue in both cases - Security Capital and Ramada. It is a change of name, but the ownership remains the same. ' -227- . . . Mr. Swinney mentioned the Atrium Inn has a new sign. Are they still part of the Ramada chain? Mr.. Sweatt replied they are not, they are independent. Mr. Greenwald moved to approve the first reading of an Ordinance reflecting a change of name from Ramada Inn, Ltd. to Atrium Inn. Mrs. Jarman seconded the motion, which carried with the following votes: AYES: Councilmembers Jarman, Potempa, Agee, Swinney and Greenwald. NAYS: None. #11 APPOINTMENT: Consider and take action approving appointment of George Maxfield to the Planning and Zoning Commission. Mr. Greenwald moved to approve the appointment of George Maxfield to the Planning and Zoning Commission. Mr. Swinney seconded the motion, which carried with the following votes: AYES: Councilmembers Jarman, Potempa, Agee, Swinney and Greenwald. NAYS: None. . #12 APPOINTMENT: Consider and take action approving appointment of Keith Van Dine as Secretary to the Planning and Zoning Commission. Mr. Potempa moved to approve the appointment of Keith Van Dine as Secretary to the Planning and Zoning Commission. Mr. Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers Jarman, Potempa, Agee, Swinney and Greenwald. NAYS: None. #14 CITY MANAGER'S REPORT · Reported that Northcliffe MUD #1 is about to undergo some changes. They have asked the City of Schertz utility department to serve in a management capacity. It is the City's hope to develop an operator's contract similar to the one we have with MUD #2. MUD #1 is considerably larger than MUD #2. Mr. Swinney observed that Northcliffe used to have a fountain, but lately it's been shut down. Is it down for maintenance or water conservation? Mr. Sweatt replied it's down for maintenance. . -228- . . . #15 ITEMS BY COUNCIL: Mrs. Jarman: . Commended the Animal Control Department for a job well done. The entryway and offices at the Animal Control facility are very clean and the odor is gone. . Noted the Schertz Humane Society used to have a liaison from City Council. Since she is already a member of the Humane Society, she volunteered to be the liaison. The other Councilmembers thought that was an excellent idea. Mrs. Jarman reminded Council the Humane Society sponsors dog training twice a year. Mr. Potempa: . Thanked the City for the beautiful flowers they sent his wife in the hospital. They cheered her up. . . Referred to a lot at I H-35 and Plaza Drive saying it has high weeds and is a fire trap. Can anything be done about it? Mr. Sweatt told Mr. Potempa the owner had been notified, but he's not sure of the status. Mayor Baldwin asked where the lot is located and was told in front of Mr. Strickland's property. Mr. Aaee: . Inquired about the status of the new emergency service buildings. Mr. Sweatt replied that bids will be opened on July 2nd. Mr. Greenwald: . Noted he read the letter about two City employees from the Water Department helping out at an accident. Commented it was a good job by the two employees. . Stated he reviewed Michael Spain's five-page memo on the voting status of the Mayor Pro-Tern. . . Commented he heard the City was running short of people for the Citizen's Police Academy. He doesn't understand that. Mr. Agee explained that the first two sessions generated a lot of interest, but after that interest fell off. He's not sure what they can do to get people to participate. Mr. Swinney suggested that perhaps an Explorer Post might be interested and Mayor Baldwin thought maybe Chief Smith could have a course for teenagers. Mr. Sweatt stated the Chief has had some experience with courses for teenagers, -229-