ccreg 07-07-1998
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REGULAR MEETING OF THE CITY COUNCIL
JULY 7, 1998
The Schertz City Council convened in Regular Session on Tuesday, July 7,1998
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; 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. Following the pledge, the Mayor asked if anyone had checked on the
status of Norman Agee. Mr. Sweatt reported he was supposed to go to his
regular doctor today and try to get into an acceptable rehabilitation program.
#1 APPROVAL OF MINUTES: Workshop Session 04-15-98
Regular Session 05-05-98
Workshop Session 05-13-98
Regular Session 05-19-98
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Mr. Greenwald moved to approve the minutes for the Workshop Session of 4-15-
98, the Regular Session of 5-5-98, the Workshop Session of 5-13-98 and the
Regular Session of 5-19-98. Mr. Swinney seconded the motion, which carried
with the following votes:
AYES: Councilmembers Jarman, Potempa, Swinney and Greenwald.
NAYS: None.
ABSTENTIONS: Council member Jarman for Workshop Session of 4-15-98 and
Council member Swinney for Workshop Session of 4-15-98 and Regular Session
of 5-19-98.
There was a brief discussion about not having enough votes to approve the
minutes. Mr. Sweatt pointed out that not being at a meeting does not prohibit
voting for approval of the minutes of that meeting.
Mr. Swinney agreed to change his vote and a second vote was taken on the
original motion. It carried as follows:
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AYES: Councilmembers Jarman, Potempa, Swinney and Greenwald.
NAYS: None.
ABSTENTIONS: Councilmember Jarman for the Workshop Session of 4-15-98.
#2 HEARING OF RESIDENTS
No one had signed up to speak.
#3 ORDINANCE: Consider and take action on final reading of Ordinance
rezoning 20.54 acres out of Guadalupe County from General Business (GB) to
Single-Family Residential Dwelling District (R-2). (M.W. Cude/ABG Investments)
Mayor Baldwin introduced an ordinance and read the caption as follows:
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ORDINANCE NO. 98-5-18
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AMENDING
THE UNIFIED DEVELOPMENT CODE (UDC) ORDINANCE 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. Sweatt stated he had nothing new to report on this rezoning.
Mr. Greenwald moved to approve the final 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, Swinney and Greenwald.
NAYS: None.
#4 ORDINANCE: Consider and take action on final reading of Ordinance
regarding traffic controls on Green Valley Road and Greenshire Drive.
Mayor Baldwin introduced an ordinance and read the caption as follows:
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ORDINANCE NO. 98-0-19
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.
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Mr. Sweatt advised nothing has changed on this ordinance. It remains the same
as discussed at the previous workshop.
Mrs. Jarman moved to approve the final reading of an Ordinance regarding traffic
controls on Green Valley Road and Greenshire Drive. Mr. Potempa seconded
the motion, which carried with the following votes:
AYES: Councilmembers Jarman, Potempa and Greenwald.
NAYS: Councilmember Swinney.
#5 ORDINANCE: Consider and take action on final 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:
ORDINANCE NO. 98-T-20
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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. Greenwald moved to approve the final reading of an Ordinance reflecting the
change of name from Security Capital Industrial Trust to ProLogis Trust. Mrs.
Jarman seconded the motion, which carried with the following votes:
AYES: Councilmembers Jarman, Potempa, Swinney and Greenwald.
NAYS: None.
#6 ORDINANCE: Consider and take action on final 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:
ORDINANCE NO. 98-T -21
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 LTD. TO THE ATRUIM INN; AND
ESTABLISHING AN EFFECTIVE DATE.
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Mr. Swinney moved to approve the final reading of an Ordinance reflecting the
change of name from Ramada Inn, Ltd. to Atrium Inn. Mr. Greenwald seconded
the motion, which carried with the following votes:
AYES: Councilmembers Jarman, Potempa, Swinney and Greenwald.
NAYS: None.
#7 PUBLIC HEARING: To receive citizen comments on a request by the City
of Schertz to rezone two parcels, 5.290 acres and 5.674 acres, from Single-
Family Residential Dwelling District (R-1) to Public Use District (PUB).
Mayor Baldwin explained the procedures to be followed for the public hearing.
Mr. Sweatt related the City has purchased property from Monterrey-Medina for
the purpose of building new facilities for the Police Department, the Fire
Department and the EMS Department. He then pointed out the location of the
property on the map and stated there are five plus acres in the rear which are in
the floodplain, but are capable of being used for overflow parking.
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Mr. Sweatt went on to say the Planning and Zoning Commission has already
held a public hearing and is recommending approval of the zoning change. Five
(5) letters were sent to property owners within the required distance and one (1)
was returned in favor of the zoning change and none were returned against it.
There being no further comments or questions, Mayor Baldwin closed the public
hearing at this time.
#8 ORDINANCE: Consider and take action on first reading of Ordinance
rezoning two parcels, 5.290 acres and 5.674 acres, from R-1 to PUB.
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-S-28 BY
REZONING TWO TRACTS, 5.290 ACRES AND 5.674 ACRES, 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 two
parcels, 5.290 acres and 5.674 acres, from R-1 to PUB. Mr. Potempa seconded
the motion, which carried with the following votes:
AYES: Councilmembers Jarman, Potempa, Swinney and Greenwald.
NAYS: None.
#9 RESOLUTION: Consider and take action approving Resolution regarding
South Central Texas Regional Water Planning Group.
Mr. Sweatt stressed this is a very important Resolution. The City of Seguin is
also discussing a similar Resolution at their meeting tonight. Basically, it is
requesting that Senate Bill 1 include in its field of work the recognition of the
scope of work done by the Cities of Schertz and Seguin in obtaining an alternate
water supply. One of the benefits of this would be the possibility of additional
studies available for funding.
Mayor Baldwin introduced a resolution and read the caption as follows:
RESOLUTION NO. 98-R-8
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BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, REQUESTING
THE SOUTH CENTRAL REGIONAL WATER PLANNING GROUP TO
INCLUDE IN ITS SCOPE OF WORK THE WATER SUPPLY PLANNING WORK
OF THE COUNCILS OF THE CITY OF SCHERTZ AND THE CITY OF SEGUIN
AS POTENTIALLY FEASIBLE IN MEETING THE DROUGHT NEEDS OF
OTHER COMMUNITIES IN THE SOUTH CENTRAL TEXAS REGIONAL
WATER PLANNING REGION.
Mr. Swinney moved to approve the Resolution, as applies to inclusion in Senate
Bill 1, regarding the South Central Texas Regional Water Planning Group. Mr.
Greenwald seconded the motion, which carried with the following votes:
AYES: Councilmembers Jarman, Potempa, Swinney and Greenwald.
NAYS: None.
#10 ORDINANCE: Consider and take action on first reading of Ordinance
revising Development Fees.
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Mayor Baldwin introduced an ordinance and read the caption as follows:
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, REVISING THE
SCHEDULE OF FEES; AND PROVIDING A REPEALING CLAUSE AND AN
EFFECTIVE DATE.
Mr. Sweatt reminded Council this had been discussed at the workshop.
Memorandums from both Steve Simonson, Asst. City Manager, and Ernie Evans,
Planning and Zoning Commission Chairman, explained that the suggested
change in development fees represents a more realistic cost of the handling of
the various requests. The new fees are $250.00 for Zoning, $250.00 for Specific
Use Permit, $100.00 for Site Plan, $100.00 for Master Plan, and for Plat Filing it
is $100.00 for each of the first five (5) acres, $75.00 for each additional acre and
$100.00 for the County filing fee (per sheet). The suggested revisions also state
that Site Plans and Master Plans which have to be resubmitted for
incompleteness will require an additional $50.00 fee.
Mr. Greenwald moved to approve the first reading of an Ordinance revising
Development Fees. Mr. Potempa seconded the motion, which carried with the
following results:
. AYES: Councilmembers Jarman, Potempa, Swinney and Greenwald.
NAYS: None.
#11 ORDINANCE: Consider and take action on first reading of Ordinance
regarding GVEC Franchise and Street Lighting Agreement.
Mayor Baldwin introduced an ordinance and read the caption as follows:
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, GRANTING A
FRANCHISE TO GUADALUPE VALLEY ELECTRIC COOPERATIVE, INC. TO
FURNISH ELECTRICITY AND ELECTRICAL ENERGY SERVICES,
INCLUDING A FRANCHISE AGREEMENT AND A STREET LIGHTING
AGREEMENT, AND APPROVING THE TERMS AND CONDITIONS THEREOF.
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Mr. Sweatt advised this is a very contemporary franchise agreement. He feels it
is as contemporary and current as any franchise agreement in the State of
Texas. It has been a long process with the committees from both GVEC and
the City of Schertz and City of Schertz consultant John Moore. It is a ten-year
agreement and can be discontinued if certain things occur. Also, if certain things
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occur, it may be necessary to rewrite the franchise agreement. Many of these
certain things have to do with the results of the possible deregulation of
electricity.
Mr. Sweatt further stated that according to the City of Schertz Charter, the
ordinance shall be read at two separate regular meetings of Council, shall not be
passed until thirty days after the first reading, and shall not take effect until thirty
days after its passage. During the thirty days after its passage, the entire
ordinance and its exhibits shall be published once each week for two consecutive
weeks in the official newspaper of the City. The expense of such publication
shall be borne by the proponent of the franchise.
Marcus Pridgeon of GVEC was present and noted he likes the word
contemporary. They came to the conclusion that if things occur, then they need
to sit down and talk about it. Both the City of Schertz and GVEC are trying to
protect their revenue streams. Mr. Pridgeon then said this franchise agreement
should serve as a prototype for future ones. He feels the GVEC Executive
Committee is ready to approve the franchise and foresees no problems with that.
He then thanked all the participants for their cooperation.
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Mayor Baldwin, on behalf of the City, expressed thanks and appreciation to Mr.
Pridgeon and the GVEC Executive Committee. Before Mr. Pridgeon left, he
mentioned he had driven through some of the new subdivisions and is very
impressed by the City's management of growth.
Mr. Greenwald, emphasizing it is with pleasure, moved to approve the first
reading of an Ordinance regarding a GVEC Franchise and Street Lighting
Agreement. Mr. Swinney seconded the motion, which carried with the following
votes:
AYES: Councilmembers Jarman, Potempa, Swinney and Greenwald.
NAYS: None.
#12 CITY MANAGER'S REPORT
. Reported the City has opened bids on the new emergency service facilities
and they are still being evaluated. He doesn't know whether or not they will
be on the next agenda for the awarding of the bid.
#13 ITEMS BY COUNCIL
Mrs. Jarman:
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. Referred to parliamentary procedure regarding the minutes and noted saying
someone moved is correct versus saying someone made a motion. She also
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