ccreg 12-21-1999
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REGULAR SESSION OF THE SCHERTZ CITY COUNCIL
DECEMBER 21, 1999
The Schertz City Council convened in Regular Session on Tuesday, December
21,1999 at 7:00 p.m. in the Municipal Complex Council Chambers, 1400 Schertz
Parkway, Schertz, Texas. Those present were as follows: Mayor Hal Baldwin,
presiding; Councilmembers Pia Jarman; Joe Potempa; Reginna Agee; Glyn
Williams and Ken Greenwald. Staff present were: Kerry Sweatt, City Manager,
Chief Woodward, Chief Smith, Juan Guerrero, EMS, and Deputy City Secretary
Dolores Butler.
Mayor Baldwin asked everyone to rise and join him in the Pledge of Allegiance to
the Flag.
#1 HEARING OF RESIDENTS
No one had signed up to speak.
#2 SWEARING IN OF MA VOR PRO-TEM
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Mayor Baldwin gave the oath of office to Ms. Reginna Agee.
#3 PUBLIC HEARING: To receive citizen comments on a request from Halff
Associates to rezone 5.71 acres from General Business (GB) to Manufacturing
District - Light (M-1).
Mr. Sweatt advised the 5.71 acres is part of a tract of land generally between
Slim's Automotive and Tri-County Parkway off IH-35, roughly across the street
from Keebler Distributing. Part of the property is located in the M-1 zoning
district and part of it falls in the GB zoned district. There is a proposed
development that plans to construct a new building in that location which is
represented by Halff Associates (ProLogis Real Estate Investment Trust). Mr.
Brown is representing the owner. The applicant plans to construct a building
similar to others that ProLogis has built having all their properties zoned M-1.
The Planning and Zoning Commission held a public hearing and made
recommendations that the application be approved. Five (5) letters were sent to
property owners in the area; two were returned in favor and there was no
response from the other three (3).
Receiving no comments or questions, Mayor Baldwin closed the public hearing.
.
#4 ORDINANCE: Consider and take action on first reading of Ordinance
rezoning 5.71 acres from GB to M-1.
Mayor Baldwin introduced an ordinance and read the caption as follows:
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AN ORDINANCE
BV THE CITV COUNCIL OF THE CITV OF SCHERTZ, TEXAS AMENDING
THE UNIFIED DEVELOPMENT CODE (UDC) ORDINANCE NO. 96-S-28 BV
REZONING 6.71 ACRES OUT OF GUADALUPE COUNTV AND REFLECTING
SUCH CHANGES ON CERTAIN ZONING MAPS IN ACCORDANCE WITH THE
SCHERTZ UDC ORDINANCE.
Mayor Baldwin asked for a motion.
Mr. Greenwald moved to approve first reading of an ordinance amending the
Unified Development Code by rezoning 5.71 acres out of Guadalupe County.
Mr. Potempa seconded the motion, which carried with the following votes:
AYES: Councilmembers Jarman, Potempa, Agee, Williams and Greenwald
NAYS: None
#6 PUBLIC HEARING: To receive citizen input on a request from Planning
and Zoning Commission to revise the Unified Development Code (UDC), Article
VII, Special Districts, Section 2, Roy Richard Drive/FM3009 Overlay District, and
Section 3, Schertz Parkway District.
. Mr. Sweatt advised this amendment to the UDC was developed in response to
concern by staff, Planning and Zoning Commission (P&Z), City Council and
others as to the politicization of what has been identified as bandit signs/real
estate advertising signs that have been allowed to be placed in rights of way of
major thoroughfares for off-site housing development sales. P&Z spent a
considerable amount of time reviewing past circumstances and problems and
have come up with a circumstance that would allow builders and developers an
opportunity to advertise, yet not clutter the rights of way completely. The
ordinance amendment stipulates numbers, distances and prescribes a manner
for enforcement. Among other things, failure to comply can result in a loss of
permit. We have received no written comment in response to the published
public hearing.
Receiving no comments or questions, Mayor Baldwin closed the public hearing.
#6 ORDINANCE: Consider and take action on first reading of Ordinance
revising UDC.
Mayor Baldwin introduced an ordinance and read the caption as follows:
.
-63-
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AN ORDINANCE
BV THE CITV COUNCIL OF THE CITV OF SCHERTZ, TEXAS PROVIDING
THAT THE UNIFIED DEVELOPMENT CODE, ORDINANCE NO. 96-S-28, CITV
OF SCHERTZ, TEXAS BE AMENDED BV REVISING ARTICLE VII, SPECIAL
DISTRICTS, SECTION 2, ROV RICHARD DRIVE/FM 3009 OVERLA V
DISTRICT AND SECTION 3, SCHERTZ PARKWAV DISTRICT; AND
PROVIDING A REPEALING CLAUSE.
Mayor Baldwin asked for a motion.
Mrs. Jarman moved to approve the first reading of an ordinance revising Article
VII, Special Districts, Section 2, Roy Richard Drive/FM 3009 and Schertz
Parkway overlay districts dealing with bandit signs. Ms. Agee seconded the
motion.
Mr. Williams inquired who would enforce this and Mr. Sweatt stated it would
primarily be the Inspection Department. Mr. Williams asked if they would be
working on weekends, to which Mr. Sweatt replied we will try to stagger their
hours so that they will periodically work on weekends but not necessarily every
weekend. We will ask the police service to help observe and report violations.
.
Mayor Baldwin called for a vote, which carried as follows:
AYES: Councilmembers Jarman, Potempa, Agee, Williams and Greenwald.
NAYS: None
#7 ORDINANCE: Consider and take action on emergency reading of
Ordinance regarding annexation plan.
Mr. Sweatt stated we have reviewed provisions of Senate Bill 89 with the Texas
Municipal League, city attorney's office and other advisors and we are of the
opinion the City Council would be best advised to consider adopting the
ordinance that essentially states our intentions are to annex only property or
areas that are otherwise exempted from the annexation plan requirements of SB
89. We believe the majority of our annexation within the immediate future will be
those of areas which are otherwise exempt from the requirement to be included
in the three-year plan. However, as we continue planning on this issue, if it is
not the case, we could always amend the ordinance or adopt a future ordinance
and place certain items within the three-year plan. At this time we believe it
would be appropriate for Council to adopt this ordinance prior to the end of this
year so that we would be in general compliance of SB 89.
.
Mayor Baldwin introduced an ordinance and read the caption as follows:
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. Mrs. Jarman moved Council award the bid to S & P Communications for the
communication console in the amount of $6,682. Ms. Agee seconded the
motion, which carried with the following vote:
AYES: Councilmembers Jarman, Potempa, Agee, Williams and Greenwald.
NAYS: None
#10 RESOLUTION: Consider and take action approving Resolution in support
of Railwatch.
Mayor Baldwin introduced a Resolution and read the caption as follows:
RESOLUTION NO. 99-R-20
BV THE CITV COUNCIL OF THE CITV OF SCHERTZ, TEXAS SUPPORTING
RAILWATCH AND ITS EFFORTS REGARDING RAILROAD SAFETY.
Mr. Greenwald moved Council approve the Resolution in support of RailWatch.
Mrs. Jarman seconded the motion. Which carried with the following vote:
.
AYES: Councilmembers Jarman, Potempa, Agee, Williams and Greenwald.
NAYS: None
#11 CITV MANAGER'S REPORT
. Reminded Council of the Firemen's Christmas party tonight.
. Suggested Council favorably consider canceling the workshop of December
29th as there are no pressing items to discuss.
#12 ITEMS BV COUNCIL
Mrs. Jarman
. Reminded Council of the January 4th reception for Ruth Teinor at 6:30.
. Asked that special thanks to go to animal control officer Sharon Rivette for
her help on Sunday. We took three dogs to the adoption at PetsMart and she
was extremely helpful.
Mr. Potempa
. . Just wanted to wish everyone a Merry Christmas from his family.
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Ms. Aaee
Merry Christmas!
Mr. Williams
. Wished to publicly thank the three emergency services personnel in the
audience and their personnel for their outstanding service this year. From
personal experience last week on a 9-1-1 call for a neighbor, people were
there immediately and took care of her.
Mr. Greenwald
. Noted the gentlemen is out there trying to work the streets (repairs) but is not
having much success with the weather and other conditions.
#13 ITEMS BV MAVOR
. Wished Will Holford (reporter) all the best in Odessa and in his upcoming
marriage.
.
· Wished everyone a Merry Christmas and Happy New Year from him and
Barbara.
The regular session was adjourned at 7:32 p.m.
#14 EXECUTIVE SESSION: Called under Chapter 551 Texas Government
Code, Sub-Section 551.074, Personnel Matters -to deliberate the appointment,
employment, evaluation, etc. of employee.
Mayor Baldwin called the regular meeting back to order at 7:50 p.m.
#16 Action, if any required, on above Executive Session
Mrs. Jarman moved Council appoint Stacy Padgett as associate judge with
assignment of administrative and supervisory duties. Mr. Potempa seconded the
motion, which carried with the following votes:
AYES: Councilmembers Jarman, Potempa, Agee, Williams and Greenwald.
NAYS: None
#16 ADJOURNMENT: Having no further business to discuss, Mayor Baldwin
adjourned the meeting at 7:52 p.m.
.
-67=
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ATTEST:
,t)d~.w~
Deputy City Secretary, City of Schertz
.
.
-68-
Mayor, City of Schertz, Texas