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ccreg 03-18-1997 REGULAR MEETING OF THE CITY COUNCIL MARCH 18, 1997 The Schertz City Council convened in Regular Session on Tuesday, March 18, 1997 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 Charles McDonald; Joe Potempa; Timothy Swinney; Earl Sawyer and Ken Greenwald. 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. #1 APPROVAL OF MINUTES: Special Session 1-15-97 Regular Session 1-21-97 Special Session 1-29-97 Mr. Sawyer moved to approve the minutes, as written, for the Special Session of 1-15-97, the Regular Session of 1-21-97 and the Special Session of 1-29-97. Mr. Potempa seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. #2 HEARING OF RESIDENTS: David Williams, Asst. Scout- master for Troop 513 announced that two boys, James Petrillo and Robert Williams, are working on their citizenship in the community and one of the requirements is that they attend either a City Council meeting or a School Board meeting. He thanked Council for recognizing their presence. Mayor Baldwin welcomed them to the meeting and said he hoped they would see a little democracy in action. #3 PUBLIC HEARING: To receive citizen comments on a request to revert the zoning of the Cliff Johnson property from Mobile Home Subdivision (MHS) to Residential/Agriculture (R/A). Mayor Baldwin explained the procedures to be followed at the public hearing and then noted Mr. Johnson's property was rezoned at his request six months ago and he was given that time to start construction on his proposed project for the property. He was told at the time that if nothing happened after six months, the zoning would revert to its original classification. Mr. Johnson was unable to obtain financing for the project. Mr. Sweatt added Planning and Zoning did not oppose the that Mr. Johnson appeared at their public hearing on this reversion of the zoning. Mr. before and he Sweatt -200- then stated nine (9) letters were sent to property owners within the required distance and six (6) were returned - one (1) undeliverable and five (5) in favor. There were no citizen comments nor questions from Council, so Mayor Baldwin closed the public hearing. #4 ORDINANCE: Consider and take action on first reading of ordinance rezoning approximately 30 acres from MHS to RIA. 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. 96-5-28 BY REZONING APPROXIMATELY 30 ACRES OF LAND OUT OF BEXAR COUNTY AND REFLECTING SUCH CHANGES ON CERTAIN ZONING MAPS IN ACCORDANCE WITH THE SCHERTZ UDC ORDINANCE. Mr. Greenwald moveq to approve the first reading of an ordinance rezoning approximately 30 acres from MHS to RIA. Mr. Swinney seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. #5 ORDINANCE: Consider and take action on final reading of ordinance amending the Code of Ordinances regarding traffic control for newly platted streets and parking Recreational Vehicles on City streets, rights-of-way or easements. Mayor Baldwin introduced an ordinance and read the caption as follows: ORDINANCE NO. 97-D-7 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS, BE AMENDED BY REVISING SECTION 18-32, STOP INTERSECTIONS; SECTION 18-76, MAXIMUM LIMITS ON SPECIFIC STREETS; AND SECTION 18-91, PARKING PROHIBITED; AND PROVIDING A REPEALING CLAUSE. -201- Mr. Sweatt explained this ordinance proposes to place traffic control signs at Berry Creek and FM 3009, at Forest Ridge and FM 3009, at Inglewood and Savannah Drive, at Saratoga and Savannah Drive, and at Woodland village Place and Dimrock Drive. It also proposes to put a maximum speed limit of 20 mph on the 800 block of Savannah Drive and the 3500 block of Inglewood between the posted school signs during the posted hours. Regarding the parking of R.V's, it permits the owner of an R.V. to park such vehicle on a City street for a period not to exceed one (1) day in a calendar month. Mr. Sawyer moved to approve the final reading of an ordinance amending the Code of Ordinances regarding traffic control for newly platted streets and parking Recreational Vehicles on City streets, rights-of-way or easements. Mr. Potempa seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. #6 ORDINANCE: Consider and take action on reading of ordinance amending Ordinance 92-T-17 Ordinance 93-T-24, and approving assignment of Abatement for Rex Bornmann. final and Tax Mayor Baldwin introduced an ordinance and read the caption as follows: ORDINANCE NO. 97-T-9 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AMENDING ORDINANCE 92-T-17 AND ORDINANCE 93-T-24, AND APPROVING AN ASSIGNMENT OF THE TAX ABATEMENTS FROM MR. REX BORNMANN TO REBO ENTERPRISES, LTD, DOING BUSINESS AS CIBOLO CREEK FIXTURES OF TEXAS, INC., AND PROVIDING AN EFFECTIVE DATE. Mr. Sweatt reminded Council Mr. Bornmann operates Cabinet Fronts of Texas, Inc., a real success story in local industry. It has enlarged on two occasions and has done quite well. Through a restructuring, the principals will remain the same, but the company ownership has been moved to that of a family trust and that requires a consideration for a transfer of the abatement agreement. The Economic Development Commission recommends approval. Mr. Swinney moved to approve the final reading of an ordinance amending Ordinance 92-T-17 and Ordinance 93-T-24, and approving assignment of Tax Abatement for Rex Bornmann. Mr. Greenwald seconded the motion, which carried with the following votes: -202- AYES: Counci1members McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. #7 APPOINTMENTS: Consider and take action regarding appointments to Schertz Economic Development Commission. Mr. Sweatt advised there are seven (7) individuals on the Economic Development Commission who have agreed to serve again. Their terms will expire March 21st and this is for a two-year term. Those individuals are Robert Vallance, Sr., Byron Williams, Harry Richburg, Ben Davis, Henry Gutierrez, Eric White and Jeff Zunker. Mr. Sawyer moved to approve the appointments of Robert Vallance, Sr., Byron Williams, Harry Richburg, Ben Davis, Henry Gutierrez, Eric White and Jeff Zunker to the Economic Development Commission. Mr. Swinney seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. #8 RESOLUTION: Consider and Resolution appointing members to Study Committee. take action approving a the Capital Improvements Mayor Baldwin introduced a Resolution and read the caption as follows: RESOLUTION NO. 97-R-1 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AUTHORIZING THE APPOINTMEN'l' OF A CAPITAL IMPROVEMENTS STUDY COMMITTEE TO CONSIDER CAPITAL IMPROVE~~i~ TO PUBLIC SAFETY FACILITIES, IMPROVEMENTS FOR PARKS AND RECREATION, IMPROVEMENTS FOR OTHER FACILITIES; AND, CONSIDER A MEANS OF FINANCING SUCH CAPITAL IMPROVEMEN'l'S. Mr. Sweatt stated the list attached to the Resolution is the result of the recommendations made by Council and by staff. After efforts in both letter writing and calling, this list is those who have agreed to serve. He then deferred to Mr. Swinney, Chairman of the capital Improvements Study Committee. Mr. Swinney indicated their first concern was about having a cross section of people to serve on the Committee. They started with approximately 90 names and are down to 60, and he thinks that's a good solid group. -203- Mr. Swinney went on to say there will most likely be four (4) sub-committees and they will have six (6) meetings, starting March 31st and every Monday night thereafter through May 5th. There will be a tour of the facilities on Saturday, April 12th. Mr. Swinney indicated he and Mr. Sweatt are working on some of the financial details. Mr. Sweatt has gotten estimates from contractors and at the present time they are looking at having a presentation by Mr. Anderlitch on bond financing. They also plan to have the City Attorney present to explain how some things have to be packaged as far as the legalities of the election. There was a brief discussion about people on the original list who had said no, about whether or not it was too late to add a name to the list, and about allowing anyone who comes to participate because it is an open meeting. There was also discussion about the need for City Council to present a united front, about how important it is for the citizens to develop a plan outside the political process, and about the depth of knowledge on the issues that will be needed by the staff. Mr. Potempa moved to approve the Resolution appointing members to the Capital Improvements Study Committee. Mr. Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. #9 CITY MANAGER'S REPORT: A. Introduced Mr. and Mrs. Judson in the audience who live in the GUADCO MUD #2 area. Our Water Department now manages their water system and they seem to be very happy with the arrangement. B. Reminded Council that Thursday, March 30th at 4:30 p.m. there will be a program at the Public Works Center in honor of Employee Remembrance Day. #10 ITEMS BY COUNCIL: Mr. McDonald: Asked the status of the audit. Mr. Sweatt replied not as near completed as he had hoped, but they are still shooting for an audit meeting on the 27th of March. Mr. Potemoa: Inquired if Garden Ridge Veterinarian Services is in the City of Schertz and Mr. Sweatt told him it is not. He then asked what Police Department serves it and Mr. Sweatt replied it should be Cibo10. Mr. Potempa reported they had a call yesterday and the Schertz Police responded and did a good job. -204- Mr. Sawver: A. Thanked Mr. Sweatt for the fact the concrete barrier in the park is back in place. B. Noted that Scout Leader. will have to someone who is VFW Post 8315 is looking seriously for a If they don't find one pretty soon, they turn in a lot of money. If anyone knows of interested, let Commander Marsh know. Mr. Swinney: Mentioned he had spoken with Coach Lenhoff who has been checking on the swimming pool situation with the school district. It is going to require some close coordination for this bond issue. They're trying to get some firm guidance and understanding between the two entities before they get too heavily involved in the bond issue so people can see they have a plan. Mr. McDonald said he understood when there were some pilings installed erected. the pool was built, so walls could be Mr. Sweatt thought the most economical means would be a vinyl-type cover that is air supported. Mr. Sawyer asked if the size of the pool is sufficient and Mr. Swinney answered yes it is. The biggest concern is the sharing of the operational costs, the type of participation there will be, and the utilization by the school. Mr. Greenwald: A. Stated he had given everyone a copy of the letter in the San Antonio Express-News on March 14th regarding the meeting between SAWS and GBRA. B. Referred to the letter to the editor from Bill West, General Manager of GBRA. For anyone who is not aware, retired Army Colonel Roper and some of his cohorts got a 17 million dollar loan to buy up a bunch of water systems, a lot of water lines to different areas, and some treatment systems, etc. and people's water bills tripled. Bill West and GBRA had the same basic plan. TNRRC keeps changing the rules every year and the cost of treating water is getting very expensive. Mr. Sawyer made note of a letter (Mr. Sweatt had made copies for Council) about the Carrizo water formations and the two meetings they had in seguin that we didn't know anything about. Their methods seem pretty high-handed in not notifying us of the meeting, but asking for our support for them to form a Commission. We need to send a letter telling them we would like to be advised when they intend to have a meeting. Mr. Greenwald suggested we come out strong against supporting them. Mr. Sweatt added something he had forgotten in his report to Council. The contractor and engineer for the xeriscape park project had a minor communication problem, but it has -205- been resolved. In case anyone gets a call, we are proceeding with eliminating eight (8) parking spaces and putting cross ties around. We will probably net out about $1,000 on the project. #11 ITEMS BY MAYOR: A. they had two Grand Openings Right, both on Main Street. Declared that in the last week - Marvel Copy Service and Seams B. Announced that today he and Mr. Sweatt attended a groundbreaking ceremony for the expansion of Fiber Art. C. Bank p.m. Reminded Council that Donegan Abstract, in the State building, has an open house this Thursday from 4:00 to 7:00 p.m. D. Also reminded Council that this Saturday is the opening day for BVYA. E. Remarked he had attended the Change of Command ceremoney at Randolph Air Force Base and there were lots of Generals present. F. Commented he had attended Mayor Thornton's Saturday morning water session in San Antonio and SAWS, GBRA, SARA, TNRCC and the EAA Board were all there. They vowed to work together and not battle each other. He feels SAWS is heading in the right direction. #11 ADJOURNMENT: On a motion by Mr. seconded by Mr. Potempa and unanimously meeting was adjourned at 7:50 p.m. Swinney carried, and the ,../ Schertz ;-T'exas ATTEST: ~~ !2ft,.I~, u<J....U City Secretary, city of Schertz -206- ~