ccreg 03-02-1999
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REGULAR SESSION OF THE SCHERTZ CITY COUNCIL
MARCH 2, 1999
The Schertz City Council convened in Regular Session on Tuesday, March 2,
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; Council members Pia Jarman; Joe Potempa; Norman W. Agee, Sr.;
Timothy Swinney and Ken Greenwald. Staff present were City Manager Kerry
Sweatt and City Secretary Norma Althouse.
Reverend Jack Halsey of the First Baptist Church of Schertz opened the meeting
with a prayer. Mayor Baldwin then asked everyone to rise and join him in the
Pledge of Allegiance to the Flag. Following the Pledge, the Mayor presented a
Proclamation to Rose Ackermann, Betty Kreutler, Ether Seiler and Madeline
Burdette, representing the Ladies Auxiliary of the Schertz Volunteer Fire
Department, designating the month of March as "Ladies Auxiliary of the Schertz
Volunteer Fire Department Month" in the City of Schertz. The Ladies Auxiliary
will celebrate their 40th anniversary on March 30th. They plan to hold an open
house at the Fire Station on Sunday, March 21 st from 2:00 p.m. to 4:00 p.m.
#1 APPROVAL OF MINUTES: Special Workshop Session 01-13-99.
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Mr. Swinney moved to approve the minutes, as written, for the Special Workshop
Session of 1-13-99. Mrs. Jarman seconded the motion, which carried with the
following votes:
AYES: Councilmembers Jarman, Potempa, 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.
All who had signed up had done so for the public hearing on the
Barshop/Corridor Properties and indicated to Mayor Baldwin, when he asked,
that they would like to speak during the public hearing.
#3 PUBLIC HEARING: To receive citizen comments on a request by the City
for the rezoning of two tracts of land, 4.68 acres and 6.14 acres, from General
Business (GB) to Neighborhood Services (NS). (Barshop/Corridor Properties
Ltd.)
Mayor Baldwin explained the procedures to be followed for the public hearing.
. Mr. Sweatt advised this is an unusual request in tf3at it was not instigated by the
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property owner, but rather by the Planning and Zoning Commission. The
Commission held a public hearing on January 26, 1999 and forwarded a
recommendation of approval onto City Council following that hearing. Mr.
Sweatt then pointed out the location of the property on the map and stated 26
letters were sent to property owners within the required distance with two (2)
being returned in favor and one (1) in opposition. Mr. Sweatt said Lewis
Westerman of Corridor Properties and some of the residents in the area are here
this evening.
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AI Burton of 4612 Flagstone Drive presented the City Secretary with a handful of
letters from property owners who are in favor of the zoning change. Mr. Burton
stated he does not understand the opposition on the part of the property owners
if they have no intention of putting in businesses anyway such as adult video
stores. Mr. Burton went on to say they don't want garbage in front of their
children, their grandchildren or their great-grandchildren. Businesses such as
adult video stores depreciate the property values and bring in a bad segment of
society. He appreciates the suggestion by the Planning and Zoning Commission
to rezone. Also, Mr. Burton thanked Council for the opening prayer.
Lewis Westermann of Corridor Properties commented he works for Barshop and
Oles and they are opposed to the rezoning. He is surprised by what's allowed in
Neighborhood Services versus General Business. Their attorneys have been in
discussion with the City's attorneys. There are no sales or current development
plans pending for the property. He understands Mr. Burton's remarks, but they
need more time to work out the details. Mr. Westerman asked that the issue be
tabled until that can be accomplished.
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Peter Bailey of 4609 Flagstone, saying he understands Mr. Westerman's
remarks, pointed out the use of the land has changed since 1980 and the City is
merely trying to align with those changes. He commends Planning and Zoning
for their recommendation. Mr. Bailey went on to say he bought his home
because of the location and setting of trees. If businesses go in, then the trees
get destroyed. A business with appropriate landscaping would be acceptable,
but in today's economy, businesses get sold and promises are no good.
Referring to Mr. Westerman's request for the item to be tabled, Mr. Bailey
mentioned that this rezoning has been under discussion for two months. If Mr.
Westerman has an alternate plan, it should be ready by now.
There being no further questions or discussion, Mayor Baldwin closed the public
hearing at this time.
#4 ORDINANCE: Consider and take action on first reading of Ordinance
rezoning two tracts of land, 4.68 acres and 6.14 acres, from GB to NS.
Mayor Baldwin introduced an ordinance and read the caption as follows:
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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 TWO TRACTS, 4.68 ACRES AND 6.14 ACRES, OUT OF
GUADALUPE COUNTY AND REFLECTING SUCH CHANGES ON CERTAIN
ZONING MAPS IN ACCORDANCE WITH THE SCHERTZ UDC ORDINANCE.
Mrs. Jarman moved to approve the first reading of an Ordinance rezoning two
tracts of land, 4.68 acres and 6.14 acres, from GB to NS. Mr. Potempa
seconded the motion.
Before the vote, Mayor Baldwin commented that as you grow, you begin to
realize the need for change. Zoning is not always set in stone. He feels Barshop
undercut the GB zoning when they sold land for residential development. City
Council, for over twenty years, has battled zoning issues along FM 3009 and
there have never been any compromises. Council decided to place an overlay
district ordinance along FM 3009 to set up restrictions and to protect the looks
and beauty of the area. It is one of the main entrances into Schertz and he,
personally, appreciates Planning and Zoning's perspective.
Mr. Greenwald noted Barshop/Corridor Properties could still market the property.
Whoever buys it will have to deal with the zoning process.
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Mrs. Jarman stated it is the mandate of the Planning and Zoning Commission to
review land use in the City and come up with recommendations for zoning. They
think Neighborhood Services is compatible to residential zoning.
Mr. Potempa agreed with Mr. Burton's remarks about adult video businesses and
then commented there was no one at the workshop last week to represent
Barshop/Corridor Properties.
Mr. Swinney remarked that in an ideal world they would like Barshop/Corridor
Properties representatives to sit down with the Forest Ridge Homeowners
Association, but in a real world, he doesn't see how any promises made could be
legally binding. He doesn't see how this zoning change puts Barshop/Corridor
Properties in a bad situation. Neighborhood Services zoning does provide
protection.
Mr. Agee echoed the sentiments expressed by the other Councilmembers.
Mr. Sweatt indicated that Mr. Westerman had left a message on his car phone
about a conflict on the night of the workshop meeting. Mayor Baldwin had
mentioned the call from Mr. Westerman at the workshop.
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At this time the vote was taken and the motion carried as follows:
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AYES: Councilmembers Jarman, Potempa, Agee, Swinney and Greenwald.
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NAYS: None.
The audience thanked Council for their vote.
#5 PUBLIC HEARING: To receive citizen comments on a request to amend
the Unified Development Code (UDC).
Mayor Baldwin once again explained the procedures to be followed for the public
hearing. Mr. Sweatt reminded Council this request is the result of the Planning
and Zoning Commission's 'review. The Commission held a public hearing and
then forwarded the amendments to the UDC onto Council with a
recommendation for approval. Some of the changes are strictly housekeeping
items such as the section on the Traffic Impact Analysis. There are some
modifications to the landscaping and screening section and also the inclusion of
a tree preservation ordinance. The Floodplain Ordinance is being moved from a
free-standing ordinance into the UDC.
There being no further discussion or questions, Mayor Baldwin closed the public
hearing at this time.
#6 ORDINANCE: Consider and take action on first reading of Ordinance .
amending the UDC.
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 UNIFED DEVELOPMENT CODE, ORDINANCE NO. 96-5-28, CITY
OF SCHERTZ, TEXAS BE AMENDED BY REVISING ARTICLE XI, PLATTING,
SECTION 33, ACKNOWLEDGEMENTS AND CERTIFICATES REQUIRED;
DELETING ARTICLE VIII, LANDSCAPING AND SCREENING, SECTION 4,
TREE REMOVAL, AND REPLACING SAME WITH A REVISED ARTICLE VIII,
LANDSCAPING AND SCREENING, SECTION 4, TREE
PRESERV A TION/REMOV AL; DELETING ARTICLE XIII, FLOODPLAIN
MANAGEMENT, AND REPLACING SAME WITH A REVISED ARTICLE XIII,
FLOODPLAIN MANAGEMENT; AND PROVIDING A REPEALING CLAUSE.
Mr. Greenwald moved to approve the first reading of an Ordinance amending the
UDC. Mr. Swinney seconded the motion.
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Before the vote, Mr. Greenwald commended Gary Wallace of the Planning and
Zoning Commission for all his work on the tree preservation portion of this
ordinance.
At this time the vote was taken, and the motion carried as follows:
AYES: Councilmembers Jarman, Potempa, Agee, Swinney and Greenwald.
NAYS: None.
#7 AUDIT REPORT: Consider and take action regarding audit report for FY
1997/98.
L.J. Cott, City Comptroller, distributed the audit report for the fiscal year ending
September 30, 1998. Fred Timmons had reviewed the draft copy of this report at
the workshop last week. Mr. Sweatt indicated it had been a pleasure working
with Mr. Cott and Mr. Timmons this year and stated both gentlemen are here this
evening to answer any further questions.
Mr. Agee moved to accept the audit report for FY 1997/98. Mr. Greenwald
seconded the motion.
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Before the vote, Mayor Baldwin echoed Mr. Sweatt's comments and was thankful
that the situation in the Finance Department had been turned around from the
nightmare of three years ago.
At this time the vote was taken and the motion carried as follows:
AYES: Councilmembers Jarman, Potempa, Agee, Swinney and Greenwald.
NAYS: None.
#8 BID AWARD: Consider and take action awarding bids for Public Works
vehicles.
Mr. Sweatt advised Council they have a memo in their packets with the bid
tabulations. The City received two bids and after review of those, is
recommending the bid be awarded to Smith Chevrolet in the amount of $66,718.
The funds for this purchase are budgeted.
Mr. Greenwald moved to award the bid for the Public Works vehicles to Smith
Chevrolet in the amount of $66,718. Mr. Agee seconded the motion, which
carried with the following votes:
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AYES: Councilmembers Jarman, I?otempa, Agee, Swinney and Greenwald.
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NAYS: None.
#9 CITY MANAGER~S REPORT
· Mentioned Southern Pacific. Railroad needs to close the intersection at fM
3009 and FM 78 for repairs thiS Thursday from 8:30 a.m. to 3:30 p.m. The
traffic will be rerouted to Elbeiand downSchertzPar'kway and out. Mr.
Swinney wondered if there's any way to start at 6:30 a..m. because of the
afternoon school traffic, but Mr. Sweatt reminded him there is also morning
bus traffic. Mr. Agee jokingly observed he hopes they mess up the arm so it
has to be removed.
· Announced that March 12th at 1:00 p.m. is the ribbon cutting for the Fitness
Trail at Schertz Elementary.
· Noted there will be an official announcement of a new industry in Seguin this
Thursday at noon in the Board Room at Oak Park Mall in Seguin.
· Reminded everyone of the Annual Employee Remembrance Day ceremony
at noon on March 19th at the Public Works Department.
#10 ITEMS BY COUNCIL
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Mr. Greenwald:
· Stated he had distributed several copies of two sets of minutes from BVY A
meetings. He will see that everyone gets copies. BVY A is still meeting on
Tuesday nights. Due to the flood, they lost all of their equipment and the
scoreboards were messed up. They are working on remodeling, so the
season won't be a perfect one. As soon as he has information about the
season grand opening, he will pass that on to Council.
· Noticed TXDOT has a big sign up down by Sonic regarding construction.
· Commented the meeting of the Local Government Corporation is this
Thursday at 1 :30 p.m. in Seguin. Mr. Sweatt added that Mr. Camp and Mr.
Roming would be at the next workshop and also Mr. Le Blanc, the Y2K
consultant.
Mr. Swinney:
· Related talking with Mr. Bunker of the VFW regarding the proposed non-
smoking ordinance and Mr. Bunker basically said a non-smoking ordinance
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would close them down. He also talked with Mrs. Briscoe who said her class
had discussed it.
· Recognized Chris Harman and the Eagle Scout program.
Mr. Agee:
· Remarked he had received a call about some kids walking in the streets
where sidewalks are provided. They seemed to be challenging the cars. He
wondered if some kind of action in juvenile court would change their minds.
Mayor Baldwin mentioned he had seen some kids riding bicycles against the
flow of traffic on FM 3009 and was disappointed when the police car didn't
stop them. There was a brief discussion about these matters and Mr. Sweatt
promised to check into them.
Mr. Potempa:
· Referred to a letter from Mr. Pearson regarding Sgt. Harris and was glad
someone else feels that way.
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· Related there was no recycling pick-up in Mobile Villa last Friday. Also, they
are still backing their garbage truck down the street. They make promises,
but nothing is accomplished. He will bring these incidents up every time until
the problems are solved. Mr. Agee added the garbage trucks still speed
down his street.
Mrs. Jarman:
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· Reported there was a meeting of the Library Board last night and they
approved the remodeling blueprint and asked that the architect go out for
bids. They were disappointed by Council's thumbs down opinion regarding
the Shoe Shop, but liked the Buffalo Country Lounge idea. However, the
asking price for the Lounge is $65.000. They asked about the present Fire
Department building and were told there are termites and rats there. They
need a storage area for books. During the months of November, December
and January they took in $902.94 from used book sales and they don't want
to lose that source of income. Mr. Swinney wondered if they had considered
a portable building and Mrs. Jarman answered yes they had - strictly for
storage. Mr. Swinney then asked if the foundation of the Fire Department will
be available for temporary use and Mr. Sweatt replied he thought the use of
that should be permanent. Mr. Greenwald was of the opinion it would be
better to dig up the foundation and start over. Mayor Baldwin asked if the City
is leasing the manufactured home behind the SAFES building and Mr. Sweatt
replied no, that was bought by the volunteers and will be moved at the end of
three years or when SAFES is in their new building. Mrs. Jarman asked if it
could go to the library. Mr. Swinney commented that would stop a band-aid
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solution to the library situation. Mr. Agee commented, as far as a building for .
the library book store, there are other funds out there such as corporate
sponsors. Mr. Sweatt suggested they not build a lot of temporary things, He
regrets the misunderstanding by the public about the town center, but we
have to be careful about building temporary things that will take away from
permanency. Mr. Swinney agreed and suggested maybe they have an
agenda item to discuss the options. Mr. Swinney also suggested maybe
the Scouts could share a building with the library bookstore, but the rest of
Council was not in favor of that. The consensus of Council was that the
library needs some kind of storage for their bookstore. Mrs. Jarman related
the Library Board needs one more member and they need a man. There are
seven women and one man.
. Referred to the letter about Sgt. Harris and commented she is glad to see he
is still so vigilant. He gave her her first ticket here.
#11 ITEMS BY MAYOR
. Thanked the students from Samuel Clemens for attending the meeting.
#12 ADJOURNMENT
There being no further business to discuss, Mayor Baldwin adjourned the .
meeting at 8:37 p.m.
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ATTEST:
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City Secretary, City of Schertz
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