ccreg 11-03-1998
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REGULAR SESSION OF THE SCHERTZ CITY COUNCIL
NOVEMBER 3, 1998
The Schertz City Council convened in Regular Session on Tuesday, November
6, 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; Norman W. Agee, Sr.;
Timothy Swinney and Ken Greenwald. Absent: Council member Joe Potempa.
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, Employee of the Quarter Plaques were
presented to Debbie Perrone of the Inspection Department for the quarter of
April, May and June of 1998 and to Harold Ristow of the Police Department for
the quarter of July, August and September of 1998. In addition to the plaque, the
employees are entitled to a free meal for them and their significant other and a
day off with pay when it can be arranged with their supervisors.
#1 APPROVAL OF MINUTES:
Special and Budget Workshop Session
Regular Session
Regular and Special Session
08-25-98
09-01-98
09-09-98
Mr. Greenwald moved to approve the minutes for the Special and Budget
Workshop Session of 8-25-98, the Regular Session of 9-1-98 and the Regular
and Special Session of 9-9-98. Mr. Swinney seconded the motion, which carried
with the following votes:
AYES: Councilmembers Jarman, Agee, Swinney and Greenwald.
NAYS: None.
#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.
No one had signed up to speak.
#3 ORDINANCE: Consider and take action on final reading of Ordinance
amending Code regarding alcoholic beverages.
Mayor Baldwin introduced an ordinance and read the caption as follows:
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ORDINANCE NO. 98-L-34
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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 DELETING CHAPTER 3, ALCOHOLIC BEVERAGES, AND
REPLACING SAME WITH A REVISED CHAPTER 3, ALCOHOLIC
BEVERAGES; PROVIDING A SAVING CLAUSE; PROVIDING A PENALTY;
PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
Mr. Sweatt reminded Council this Ordinance tracks State law.
Mr. Agee moved to approve the final reading of an Ordinance amending the
Code regarding alcoholic beverages. Mr. Greenwald seconded the motion,
which carried with the following votes:
AYES: Councilmembers Jarman, Agee, Swinney and Greenwald.
NAYS: None.
#4 Consider and take action regarding public hearing on request from
Continental Homes to rezone 83.2 acres from Single-Family Residential Dwelling .
District (R-2) and General Business (GB) to Gated (R-6).
Mr. Sweatt advised this was discussed approximately 30 days ago. Planning
and Zoning had forwarded a recommendation on a change of zoning, but since
that time they have disapproved the Master Plan. November 3rd was originally
set as the public hearing date, but upon hearing about this disapproval at the last
regular meeting, the consunsus of Council was to hold off on publishing the
public hearing date. Mr. Sweatt recommended Council either continue to table
this item or deny the zoning change.
Mayor Baldwin asked if they have worked out the problems with their entrance
and Mr. Sweatt replied they have not. Mr. Swinney inquired if they are making
an effort to do so and Mr. Greenwald answered they have not been back to
Planning and Zoning since the Master Plan was disapproved.
Mr. Swinney moved to table the public hearing on the request from Continental
Homes to rezone 83.2 acres from R-2 and GB to R-6. Mr. Agee seconded the
motion. Mr. Swinney then amended his motion to add until the Master Plan is
approved. Mr. Agee agreed to that addition to the original motion and it carried
with the following votes:
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AYES: Councilmembers Jarman, Agee, Swinney and Greenwald.
NAYS: None.
#5 PUBLIC HEARING: To receive citizen comments on a request by Stone
Creek RV Park to allow placement of manufactured homes on approximately 5
acres within the RV Park.
Mayor Baldwin explained the procedures to be followed for the public hearing.
Mr. Sweatt pointed out the location on the map and stated the RV Park had a
change in ownership recently. Six (6) notices were sent to property owners
within the required distance. Two (2) were returned - one (1) in favor and one
(1) opposed. Planning and Zozning reviewed this request and is recommending
approval of a Specific Use Permit.
Jim Conrad was present to represent this request and told Council he manages
the park for Luzia Boehm, President of Stone Creek RV Park, Inc. Mr. Conrad
explained the need for more manufactured homes, showed a drawing of the
different phases of development, said their water is supplied by Green Valley
Water, and they will add three to four additional fire hydrants per the request from
the Fire Department.
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Mrs. Jarman asked if there's only one entrance/exit for traffic and Mr. Conrad
replied that's correct. She than asked if the former Chief of Police had any
problem with only one way in and out and Mr. Conrad indicated there had been
no problem.
Mr. Swinney asked if most of the clientele are retired and Mr. Conrad answered
65% are retired and the other 35% are a mixture.
There being no further comments or questions, Mayor Baldwin closed the public
hearing at this time.
#6 Consider and take action on above request for a Specific Use Permit.
Mayor Baldwin said he assumed the staff will see that the requirements for
additional fire hydrants are met. Mr. Greenwald inquired if the road is private and
Mr. Sweatt replied yes it is.
Mr. Agee moved to approve a Specific Use Permit for Stone Creek RV Park
allowing them to place manufactured homes on approximately 5 acres within the
park. Mr. Greenwald seconded the motion, which carried with the following
votes:
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Mr. Greenwald moved to reappoint Joyce Briscoe, Tony Moreno, Keith Van Dine
and Ernie Evans for two-year terms to the Planning and Zoning Commission.
Mrs. Jarman seconded the motion, which carried with the following votes:
AYES: Councilmembers Jarman, Agee, Swinney and Greenwald.
NAYS: None.
#9 CITY MANAGER'S REPORT
· Advised the next regularly scheduled workshop is on a holiday (Veteran's
Day) and the workshop scheduled after that is the eve of Thanksgiving. He
needs direction from Council. The consensus of Council was to cancel the
November 11 th workshop unless there's an emergency and then to play the
workshop for November 25th by ear.
· Announced there is an open house this Friday at 4:00 p.m. at Slim's Paint
and Body.
#10 ITEMS BY COUNCIL
Mrs. Jarman:
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· Brought up the Newsletter again, saying it is important for people in Schertz
to get the news - especially newcomers. Mr. Sweatt mentioned that because
of the flood, there will be a combined Newsletter for November/December.
Hopefully by the first of the year they will have a solution to getting the
Newsletter out. Mrs. Jarman then stated that one of the awards given at
TML to a city under 25,000 population was for their newsletter. Mayor
Baldwin challenged Mrs. Jarman to win the award next year.
Mr. Aaee:
· Indicated he left a thank you note with Mr. Sweatt regarding the kindness of
the City on the death of his brother.
· Remarked he has been asked if people can relocate with FEMA funds.
Mr. Swinney:
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· Referred to the flood and said if FEMA can come through, it will be an
opportunity for Schertz to be better. He understands there were a lot of
Christmas decorations destroyed. Mr. Sweatt noted the big tree and
ornaments were saved, but the garland and some of the banners were lost.
Mr. Greenwald commented they have had a lot of volunteers offer to help
rehab some of the Christmas decorations if the City provides the materials.
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· Mentioned he would like for Council to consider looking at a smoking/non-
smoking policy for restaurants here in Schertz. He heard the City has a
stringent policy, but does allow smoking in the police cars. Is there any
interest in putting discussion of this on an agenda? Mayor Baldwin stated he
has no problem putting it on an agenda, but it is a touchy subject.
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· Noticed the traffic signal at the intersection of FM 3009 and Woodland Oaks
Drive is well on the way to being installed.
· Announced that his son, Robert, won third place in the Voice of Democracy
contest.
Mr. Greenwald:
· Regarding the Christmas decorations, said if Council knows of anyone who
wants to help, tell them to get hold of Steve Simonson at the City. The
Christmas Tree Lighting ceremony is the first Thursday in December.
· Thanked everyone for their thoughts and calls as a result of his house being
damaged during the flood.
#11 ITEMS BY MAYOR
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· Questioned if Public Works could handle it if 30 to 40 people showed up to
volunteer to help with the aftermath of the flood. Mr. Sweatt assured him
they could. Mr. Swinney suggested high school students as volunteers.
· Mentioned they need to discuss the lessons learned from this recent flood.
Maybe that can be an item on the agenda after the first of the year. This was
the first time in the 30 years he has lived here, that people living in the old
part of Schertz were trapped in their houses with no place to go. We need an
escape route.
#12 EXECUTIVE SESSION: Called under Chapter 551 Texas Government
Code, Sub-Section 551.072, deliberation regarding real property.
An Executive Session was held from 8:08 p.m. until 8:32 p.m.
#13 Consider and take action on Resolution approving a statement and petition
of condemnation regarding AFC Enterprises Inc.
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Mayor Baldwin introduced a Resolution and read the caption as follows:
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RESOLUTION NO. 98-R-10
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
APPROVING A STATEMENT AND PETITION IN CONDEMNATION RELATING
TO AFC ENTERPRISES, INC.
Mr. Greenwald moved to approve the Resolution approving a statement and
petition of condemnation regarding AFC Enterprises, Inc. Mr. Swinney seconded
the motion, which carried with the following votes:
AYES: Councilmembers Jarman, Agee, Swinney and Greenwald.
NAYS: None.
Before adjournment, several other items were discussed. First, Mr. Swinney
asked about the status of prayers before meetings. Mr. Sweatt promised to call
Pastor Don Jeffreys. Mr. Agee and Mr. Swinney both volunteered to help.
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A citizen, Keith Hale, who lives on Habersham said he had spoken with Steve
Simonson about a traffic signal at the intersection of FM 3009 and Savannah
Square Drive and was told it didn't meet the requirements at this time. He would
like another assessment. Mayor Baldwin suggested rallying all the neighbors
together and approaching TXDoT on the subject.
Mr. Hale also mentioned there's Stop Sign at Habersham and Ogelthorpe and
he would like for it to be removed. Mr. Agee explained the reason behind putting
the sign there originally, but told Mr. Hale if he feels strongly, to bring the City
something in writing. That way they can study the request and come up with an
evaluation.
Rick Shelton of the Boy Scouts inquired about the status of the Scout Hut. What
can they do? Inspector Truitt says the City hasn't made a decision. He
understands One Star and Mary's Little Lambs have been given permission by
FEMA to rebuild. They need a facility for the scouts. Mayor Baldwin asked if
they lost their equipment. Mr. Shelton replied no, they got it out. The ceilings are
down, however, and he doesn't know if he can get enough volunteers to rebuild
again. Mr. Sweatt thought there must be a misunderstanding. FEMA hasn't said
hey can't go in the building. It is not the City's position to prohibit reconstruction.
Mr. Shelton then asked if they could get dumpsters again. Mr. Sweatt answered
he would take it up with Waste Management.
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#14 ADJOURNMENT
There being no further discussion, Mayor Baldwin adjourned the meeting at 8:53
p.m.
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czJ~~
Mayor, City of Schertz, Texas
ATTEST:
~Ji4- ~u_<U-/
City Secretary, City of Schertz
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