Loading...
ccjmtg-PZ 04-15-1997JOINT TOWN HALL MEETING APRIL 15, 1997 The Schertz City Council and the Schertz Planning and Zoning Commission convened in a Joint Town Hall Meeting on Tuesday, April 15, 1997 at 7:00 p.m. in the Council Chambers of the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas. The following members of Council were present: Mayor Pro -Tem Joe Potempa, presiding; Councilmembers Charles McDonald; Earl Sawyer; Timothy Swinney and Ken Greenwald. Absent: Mayor Hal Baldwin. The following Planning and Zoning Commissioners were present: Ernie Evans, Chairman; Merwin Willman, Secretary; Pia Jarman; Tony Moreno and Gary Wallace. Absent: Commissioners David Richmond, Vice - Chairman, and Keith Van Dine. Staff present were City Manager Kerry Sweatt, Asst. City Manager Steve Simonson and City Secretary Norma Althouse. Mayor Pro -Tem Potempa asked everyone to rise and join him in the Pledge of Allegiance to the flag. #1 PUBLIC HEARING: To discuss the future of the Schertz Comprehensive Plan and the results of a recent citizen survey. Mayor Pro -Tem Potempa turned the meeting over to Planning and Zoning Chairman Ernie Evans. Chairman Evans stated the Town Meeting was publicized to solicit citizen input in terms of recent surveys that went out to all the citizens that gave us x amount of information. We need to know what the City of Schertz should look like 15 -20 years from now. Someone a long time ago took the time to sit down and plan where Schertz was going in the 1970's and looked ahead to what we have today as a City. The Planning and Zoning Commission has undertaken the job of rewriting the Comprehensive Plan and looking from today toward where we need to go in the future. The statistics of the survey will not be reviewed tonight, but rather will be published when the results are complete. Comments from citizens, however, will be solicited regarding where the City needs to go in the future. Chairman Evans went on to say he is not looking for issues that have to be resolved tomorrow, but looking for long -term issues in terms of things such as economic development, residential development and services development. At this time the floor was opened up for citizen comments. George Mower of 501 Brooks asked who wrote the first Comprehensive Plan. Mr. Evans, saying he wasn't here at the time, answered he didn't know the names of all who worked on it. He did know the first Comprehensive Plan was revised by Staff and members of Planning and Zoning -227- sometime in the 19801s. Tony Paulson of 120 Thomas Edison stated he wants to be sure the City remains a friendly place. As growth occurs, there is too much traffic and not enough sidewalks and walking paths. Mayor Pro -Tem Potempa indicated Mayor Baldwin could not be here tonight, but he did write something in regard to the Comprehensive Plan and he would like to share it with everyone present. The Mayor wrote the City is rich in culture and diversity. The City is a vital, resourceful neighborhood of building blocks for a strong City. It is a safe City for neighborhoods, work places and schools and has a safe and secure environment. It's a place that supports education. It has a pro job environment which provides a positive economic climate and a quality work force. The City has plans for its own future with projects, programs and plans developed by citizens based on goals, values and needs. We have many volunteers in this City (just a few being the Planning and Zoning Commission, TIF Committee, Economic Development Committee, Board of Adjustment, Library Advisory Board) as well as those of you attending this meeting tonight who are all responsible citizens. The City hopes to develop realistic, fiscally responsible goals as well as a realistic financial plan to meet those goals. The citizens are the most important resource. Children and families are provided help to encourage and meet their goals for the future. Mr. Paulson spoke again encouraging the City to provide more bike trails since the two main arteries through the City are not conducive to that type activity. Mr. Swinney wholeheartedly supported Mr. Paulson's comments. Mr. McDonald also agreed saying the City needs to look at putting sidewalks along FM 3009. There has to be some way for pedestrian traffic to move from one area to another. Mr. Sawyer plead guilty to helping write the first City Plan. He also agreed with Mr. Paulson's comments. Mr. Mower spoke again saying the person who helped initiate the first City Plan should be recognized. He then made a few suggestions regarding the City: (1) sidewalks are needed; (2) if there's not a law there should be to regulate blaring hi -fi's; (3) there should be some regulation regarding basketball hoops blocking sidewalks; (4) something should be done about all these animals mysteriously escaping on Friday as soon as the Animal Control people go home - Animal Control should work on the weekends once in a while and the Police Department should notify Animal Control on the weekends when they see animals running loose. Leonard Zych of 117 Madison Square then spoke and made the following remarks: (1) complimented the City on being -228- friendly; (2) Ernie Evans presents a refreshing view; (3) most of Council, with the exception of Mr. Swinney, is in their 50's and 60's has no insight or feel as to where the City is going; (4) the City is growing and no longer resides south of Elbel - there's a good portion of the City that has money that has built into areas that are north and would like some consideration for parks and places for their children to grow; (5) it is wrong for the City to take credit for HEB or any of the other establishments that have built here - those have come out of the thoughts of people with money who do not live in Schertz; (6) need to pay the police more; (7) need to have a police vehicle replacement plan; (8) need to rotate police vehicles; (9) don't penalize citizens for speaking out; (10) there are excesses all over the City that a good Planning and Zoning Commission could reduce; and, (11) three - fourths of the money lives north and the City management lives south. Mr. Swinney commented the City does have a police vehicle replacement program that's pretty extensive and Mr. Sweatt invited Mr. Zych to meet and discuss these matters with him. Mr. Mower stated he thinks the City buys way too expensive police cars and that it was a total waste of money for the new Police Chief to redesign the trim on the police cars. Mr. Evans pointed out these issues brought up by Mr. Mower and Mr. Zych can be addressed by Council and by Staff. What Planning and Zoning needs to know is where do we want parks, where do we want industry, do we need to look at public transportation, how many trees do we want to save, and what will benefit the City. Mr. Swinney expressed concern about the park issue. He hasn't had a lot of success with citizens regarding parks in neighborhoods. He personally favors them, but met with a lot of resistance several years ago when he wanted to put some playground equipment in the park in Lone Oak. Most recently, the City has had some complaints from citizens in Dove Meadows not wanting the lighting and parking lot connected with a park in their neighborhood. On the positive side, Pulte Homes in the newer section of Woodland Oaks, has put in a beautiful park. He would appreciate some citizen comments on parks. Mr. Zych spoke again saying the City is wrong about their replacement vehicles. Council is naive to think they promoted growth in the City. In today's world people want parks and they want a caring Police Department (one of the reasons he likes Schertz is because they have a caring Police Department). However, the distribution of police protection in the City of Schertz is skewed south. The police and fire protection are both located south. He has never seen a police vehicle in Savannah Square. He would like his fair share of tax money benefits. Also, there is -229- a dangerous intersection on Schertz Parkway just south of the library that should have been taken care of years ago. There is no indication for a visitor that there is a left turn lane and that the other lane breaks to the right. He ended up calling the Council dinosaurs for the way they operate. Mr. McDonald asked Mr. Zych if he wanted his job and Mr. Zych replied no. Mr. McDonald then asked Mr. Zych where the geographic center of Schertz is and Mr. Zych wasn't certain. Mr. McDonald indicated it is where the fire station is located. Mr. Zych then asked in terms of what, geography or population. Mr. McDonald replied geographically. Mr. Zych asked about in regard to the population and Mr. McDonald answered he doesn't know, but the point is the City has a plan to put another fire station up along IH -35, but it's a couple of years away. The City needs some money. This brought about a discussion of new businesses locating up along IH -35 and the money they will bring in and the fact the plan for a fire sub - station was in the previous Comprehensive Plan and never brought to fruition. Mr. Zych maintained the Council is behind the times. Mr. Sawyer sarcastically mentioned as far as bringing growth into the City, Council didn't have anything to do with the water, the sewer or the infrastructure, that happened on its own. Mr. Zych admitted the City deserved credit for that and Mr. Sawyer thanked him for the credit. Mr. Sawyer then asked Mr. Zych why he doesn't run for office. He asked him where he is at the Council meetings because he hasn't seen him before. Mr. Mower pointed out there is no need to castigate the citizens and then mentioned, again, the traffic problem at voting time. Mr. Swinney observed they are veering quite a bit from the original intention of the meeting. Mr. Zych remarked it is totally unprofessional to criticize citizens. He then went on to say since they don't have the results of the survey, it is difficult to make pertinent comments. He asked to be privy to the results of the survey. Mr. Evans emphasized the Council is not privy yet to the results of the survey. They will be made available at a later date. Mr. McDonald told everyone the Capital Improvements Review Committee is meeting every Monday evening through the first week of May and invited them to attend. Mayor Pro -Tem Potempa reminded everyone this a public hearing on only the Comprehensive Plan. Leon Davis of 1017 Gettysburg commented that on the agenda it says this is a Town Hall meeting and the citizens can come and express -230- their views. It was pointed out to Mr. Davis that the agenda specifies the Town Hall meeting is for the purpose of discussing the Comprehensive Plan and the results of the recent survey. As has already been discussed, the results of the survey are not available yet. Joan Harris of FM 1518 and Schaefer Road, declaring that residences up and down her street are misnumbered, said they didn't get a copy of the survey. Is there any way they can get one and still return it in time to be counted? Mr. Evans replied that's possible if the Planning Department still has copies. Max Hernandez of 100 Roundtree mentioned he had attended his monthly neighborhood association meeting and was asked to bring up a couple of things. First, the easement between the the Pizza Hut and Texaco on Cloverleaf has been a problem for a number of years. It has a high utility vehicle use. It is his understanding the easement is shared by the property owner and by the City. It gets so mushy when it rains. Is there some way the City could at least throw some gravel down there? Second, there is a problem at FM 78 and River Road. TXDoT put in some culverts and drainage along FM 78 and it worked good every place but there. Whenever FM 78 is expanded, they would like to see this problem corrected. However, if it's going to be a while until FM 78 is expanded, the pot holes need to be taken care of now. Mr. Swinney offered to stop by Mr. Hernandez's house and take a look at the problem with the easement. Mayor Pro -Tem Potempa asked Mr. Sweatt to bring the citizens up -to -date on FM 3009. Mr. Sweatt explained they had asked TXDoT to do a traffic count on FM 3009 and only one intersection met the requirements for signalization and that was FM 3009 and Woodland Oaks Drive. It will be signalized, but there are no funds available until late 1997 or early 1998. Mr. Hernandez spoke again asking what the law is regarding speed bumps. Mr. SWeatt replied liability insurance prohibits speed bumps in a neighborhood. #2 ADJOURNMENT OF PUBLIC HEARING Merwin Willman, indicating there seems to be no more discussion regarding the Comprehensive Plan, recommended the public hearing be adjourned. Mayor Pro -Tem Potempa adjourned the public hearing at 8:02 p.m. The Schertz City Council convened in Regular Session, following the Town Hall Meeting, on Tuesday, April 15, 1997 in the Municipal Complex Council Chambers, 1400 Schertz Parkway. -231- #3 APPROVAL OF MINUTES: Regular Session 2 -04 -97 Special Session 2 -26 -97 Regular Session 3 -04 -97 Special Session 3 -12 -97 Mr. Sawyer moved to approve the minutes, as written, for the Regular Session of 2-4 -97, the Special Session of 2- 26 -97, the Regular Session of 3 -04 -97 and the Special Session of 3- 12 -97. Mr. Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Sawyer, Swinney and Greenwald. NAYS: None. At this time Council took a short recess. #4 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. #5 RESOLUTION: Consider and take action appointing John Bierschwale and Ken Greenwald to the Board of Trustees of the Canyon Regional Water Authority. Mayor Pro -Tem Potempa read the following caption: RESOLUTION 97 -R -6 A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF SCHERTZ, TEXAS, APPOINTING TO CANYON REGIONAL WATER AUTHORITY TWO MEMBERS TO THE BOARD OF TRUSTEES FOR A ONE -YEAR TERM OF OFFICE. Mr. Sweatt advised the terms for the Board of Trustees are for one year. Mr. Bierschwale has served only two years in the past and Mr. Greenwald has served four years. The City is a member in good standing of the CRWA and it is recommended these appointments be approved. Mr. McDonald moved to approve the appointments of John Bierschwale and Ken Greenwald to one -year terms of office on the Board of Trustees of the Canyon Regional Water Authority. Mr. Sawyer seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Greenwald. NAYS: None. -232- Sawyer, Swinney and #6 RESOLUTION: Consider and take action appointing Sam Willoughby to the Board of Managers of the Canyon Regional Water Authority. Mayor Pro -Tem Potempa read the following caption: RESOLUTION NO. 97 -R -7 A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF SCHERTZ, TEXAS, APPOINTING TO CANYON REGIONAL WATER AUTHORITY ONE MEMBER TO THE BOARD OF MANAGERS FOR A ONE -YEAR TERM OF OFFICE. Mr. Sweatt stated the term for the Board of Managers is also for one year. Mr. Willoughby has served in the past and it is recommended his appointment be approved. Mr. Greenwald moved to approve the appointment of Sam Willoughby to the Board of Managers of the Canyon Regional Water Authority. Mr. Swinney seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Sawyer, Swinney and Greenwald. NAYS: None. Mr. Swinney suggested combining agenda items #7, #8, #9 and #10 which were consider and take action regarding HB 1802, HB 2333, HB 2362 and HB 3316. Council had no objection. Mr. Swinney moved to approve the Resolutions regarding HB 1802 (Resolution 97 -R -2), HB 2333 (Resolution 97 -R -3), HB 2362 (Resolution 97 -R -4) and HB 3316 (Resolution 97 -R -5). Resolution 97 -R -2 strongly objects to HB 1802 and all other such legislation which uses the power of the State government to force local rate and taxpayers to fund programs, agencies and departments through such hidden taxes and fees. Resolution 97 -R -3 strongly opposes HB 2333 which proposes to increase the maximum amount of waste water treatment inspection fees. Resolution 97 -R -4 strongly opposes HB 2362 and all other efforts to revise or restrict annexation authority of cities such as the City of Schertz. Resolution 97 -R -5 strongly opposes HB 3316 and other legislation which would propose to require expenditures by Schertz and other cities without corresponding offers of funding or compensation by the State of Texas. Mr. Greenwald seconded the motion, which carried with the following votes: -233- AYES: Councilmembers McDonald, Greenwald. NAYS: None. #11 Consider and take action 2582. Sawyer, Swinney and regarding SB 1137 and HB Mr. Sweatt requested that Council take no action on these bills at this time. Each speak to issues dealing with extraterritorial jurisdiction (ETJ) of cities in those cases where two cities share an ETJ involving one or more Municipal Utility Districts. We have been promised by Senator Wentworth and the author of the companion house bill, that they will take us out of the wording of that so it won't apply to cities in three separate counties. If that happens, the bill won't affect us. He asked again that Council table action on this Resolution until we see if the promise is kept and if it isn't, we will resume our opposition to the issue. Mr. Greenwald moved to table regarding SB 1137 and HB 2582 the promise to take Schertz out the promise isn't kept, the opposition to the issue at that the motion, which carried with approval of the Resolution and keep the file handy if the wording isn't kept. If City would resume its time. Mr. Sawyer seconded :he following votes: AYES: Councilmembers McDonald, Sawyer, Swinney and Greenwald. NAYS: None. #12 ANNEXATION REQUEST: Consider and take action on request for annexation of 35.31 acres. Mr. Sweatt announced representatives of the property owner are in the audience in case Council has any questions. The City received, from the engineering office of Don McCrary and Associates, a letter from Greg San Marco asking that the City begin the process to annex 35.31 acres along IH -35 westbound frontage, approximately 1200 feet southwest of Friesenhahn Lane. Included in the application are the metes and bounds of the property and a location map. Staff will review the application and set dates for the public hearings and come back to Council with a Resolution. Mr. McDonald asked what the intent is for the property. Mr. San Marco replied Mr. Forbes wishes to develop something similar to Tri- County. Mayor Pro -Tem Potempa asked what date they're looking at for initiating construction once this annexation is approved. Don McCrary answered the plans are to start actively promoting development of the land as soon as possible. He thinks they'll be back this year with -234- something. Mr. McDonald asked if the land is in the Enterprise Zone and was told it is. Mr. McDonald moved to proceed with the annexation of 35.31 acres. Mr. Sawyer seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Sawyer, Swinney and Greenwald. NAYS: None. #13 INTERLOCAL AGREEMENT: Consider and take action on Interlocal Agreement for Animal Control Services. Mr. Sweatt stated it is his pleasure to bring a completed agreement to Council. They have been working on it for several months now and it has been reviewed by the City of Schertz, the City of Seguin and the Guadalupe County Commissioners. Some of the highlights of the agreement outline how the County will reimburse the City of Schertz for all the direct costs, establish a payment of capital for both the expansion of the animal shelter and purchase of a new vehicle, and pay the cost for adding one full time and one part time person to the Animal Control Department. This is in exchange for the City furnishing limited animal control service outside the City limits to the County along an agreed upon line. There is no commitment after completion of the fiscal year beginning October 1998. At that time the agreement would be subject to renegotiation. Mayor Pro -Tem Potempa asked if he understands correctly that the City Manager will be coming to Council with plans for the expansion of the animal shelter. Mr. Sweatt acknowledged that's correct. Things will probably have to be done in a couple of steps because of the funding. They will have to amend the budget to anticipate the receipt of the additional funds for the hiring of additional personnel and for awarding bids to purchase additional equipment. There was some discussion about the registration of animals, about the money from the County covering all the benefits to employees, and about who pays for after hour fees. Mr. Swinney moved to direct the City Manager to enter into an Interlocal Agreement for animal control services to Guadalupe County on behalf of the City of Schertz and in conjunction with the City of Seguin. Mr. Greenwald seconded the motion, which carried with the following votes: -235- AYES: Councilmembers McDonald, Sawyer, Swinney and Greenwald. NAYS: None. #14 CITY MANAGER'S REPORT: Announced they will be working on Schertz Parkway and it will be necessary to temporarily route traffic northbound on Schertz Parkway over to Live Oak Road, up Maske Road and back over to Schertz Parkway on the 16th and 17th during duty hours. #15 ITEMS BY COUNCIL: Mr-Greenwald: A. Reported he had attended the CRWA Board of Trustees meeting last night and was asked to extend an invitation to everyone to the Annual Firemen's Appreciation Barbeque on May 1st. Anyone wishing to attend should RSVP by April 28th. At the meeting last night La Vernia was allowed to join CRWA pending certain requirements. Also, Mr. Spain gave a general synopsis of water law bill 1582. B. Related the Governor appoints the Board of Directors to GBRA and Guadalupe County does have an appointed representative. He suggested they send a letter recommending the appointment of Fritz Schlather if Council concurs. We need someone who has the interest of Guadalupe County at heart. Two of the requirements are that the person know something about water and about financing and Mr. Schlather meets those requirements. Council concurred with the recommendation. He had a sample letter and stressed it needed to be sent promptly. Mr. Swinney: Mentioned there has been good progress on the Capital Improvements Study Committee. The most controversial subject has been the sports complex as far as its cost and its location. Council is welcome to join them on Saturday from 10:00 a.m. to noon. They will meet at Corbett Junior High, take a bus tour of all the facilities involved in the bond issue and conclude with a luncheon at the Schertz library. Noted the swimming pool project has gone forward, even without a lot of support from the school. Mr. Sawyer: A. Commented he had attended the Capital Improvements Committee meeting and felt as far as recreational type things there was too much staff input for the general meeting. When they break down into groups, that's great, but in his opinion when the committee makes a report, it should be made by the chairman and not by a staff member. He thinks Mr. Swinney is doing a great job and he will continue to support the Committee's efforts. -236- B. Recommended that after the bond issue is settled, the City hold town meeting to give the citizens an opportunity to voice their opinions. A public forum is needed every so often. Mr. McDonald: Remarked that at the corner of Dimrock and Star Light there are tree branches covering the Stop sign. #16 ITEMS BY MAYOR: A. Noticed they were surveying for Remax today at IH -35 and Irola Drive. B. Commended SAFES and the Fire Department for their quick response (4 1/2 minutes) to a call in his neighborhood late this afternoon. His neighbor had a heart attack. #11 ADJOURNMENT: on a motion by Mr. Swinney and seconded by Mr. McDonald and unanimously carried, the meeting was adjourned at 8:55 p.m. May o -Tem, y of Schertz, Texas ATTEST: City Secretary, City of Schertz -237-