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ccreg 03-02-1999 . 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. . 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 -111- 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. . 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. . 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: . -112- . 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. . 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. . At this time the vote was taken and the motion carried as follows: -113- AYES: Councilmembers Jarman, Potempa, Agee, Swinney and Greenwald. . 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. . -114- . 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. . 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: . -115- AYES: Councilmembers Jarman, I?otempa, Agee, Swinney and Greenwald. . 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 . 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 . -116- . 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. . · 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: . · 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 -117- 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. , ATTEST: ~~~ City Secretary, City of Schertz . -118-