ccjmtg-PZ 05-14-1997
JOINT TOWN HALL MEETING
MAY 14, 1997
The Schertz City Council and the Schertz Planning and
Zoning Commission convened in a Joint Town Hall Meeting on
Wednesday, May 14, 1997 at 7:00 p.m. in the Schertz
Library meeting room, 608 Schertz Parkway, Schertz, Texas.
The following members of Council were present: Mayor Hal
Baldwin, presiding; Councilmembers Charles McDonald; Joe
Potempa; Norman Agee, Sr.; Timothy Swinney and Ken
Greenwald. The following Planning and Zoning Commissioners
were present: Ernie Evans, Chairman; David Richmond,
Vice-Chairman; Merwin Willman, Secretary, and Pia Jarman.
Absent: Commissioners Gary Wallace, Tony Moreno and Keith
Van Dine. Staff present were City Manager Kerry Sweatt,
Asst. City Manager Steve Simonson and City Secretary Norma
Althouse.
Mayor Baldwin introduced Planning and Zoning Chairman Ernie
Evans and turned the meeting over to him. Mr. Evans
reported they had 432 responses to the survey which was
distributed. He then made a visual presentation of some of
the results by means of various charts and graphs. A
booklet containing the survey results had been provided to
Council in their packets.
I
Some of the concerns of citizens indicated by
of the survey were crime; security, safety,
fire protection; overcrowding because of
education; the environment; recreational
traffic; integrity of the neighborhood; and,
the results
police and
development;
facilities;
taxes.
Anita Clark of 1017 Curtiss Ave. commented she strongly
supports the need for recreational facilities.
James Harris of FM 1518 and Schaefer Road asked how the
information from the survey will be passed on to the
citizens. Mr. Simonson answered one way is through the
Comprehensive Plan. The Plan will contain an insert and
will be available at the library. Mr. Sweatt suggested a
series in the Newsletter. Mr. Richmond thought maybe a
special edition of the Newsletter would be good. Mrs.
Jarman disagreed with a series and thought the information
should be provided all at once.
Mr.
same
back
Agee commented he would
pages as the data. He
and forth.
like to see the graphs on the
had a lot of trouble turning
Mr. McDonald commended the Planning and Zoning Commission
for all their efforts regarding the survey.
Mr. Potempa
high-quality
volunteers.
noted the booklet with the survey results is a
product put together by a bunch of top-grade
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Mr.
ways.
Evans reminded everyone the data can be used
Lots of analysis can be done.
several
Mayor Baldwin felt Council needs to sit down with Planning
and zoning before the comprehensive Plan is completed and
determine where the City is going in the next 20 years. He
recommended additional joint meetings. Mr. Evans said he
would like that.
#2 ADJOURNMENT:
his presentation
7:45 p.m.
Mayor Baldwin
and adjourned
thanked Mr. Evans for
the joint meeting at
The Schertz City Council convened in Special Workshop
Session, following the Joint Town Hall Meeting, on
wednesday, May 14, 1997 at 7:00 p.m. in the Library
meeting room, 608 Schertz Parkway, Schertz, Texas.
#3 HEARING OF RESIDENTS
Mr. Harris requested that the public hearing for Si-Nor,
Inc. be delayed because the proper people have not been
notified. (Discussion of the public hearing for Si-Nor,
Inc. is number #14 on the agenda.)
Mr. Sweatt advised they use the tax roll for information
on property owners within the required distance. His
suggestion was to go ahead with the public hearing and if
they're not satisfied about everyone being properly
notified, then table action on the request.
#4 Discuss FY 1996/97 Audit Report.
Mayor Baldwin related the Audit Committee met with staff,
Mr. Sweatt, and Mr. Cott and the audit is complete. It
was not, however, ready for review at this meeting. They
have asked that it be rescheduled for the workshop agenda
of May 28th. There were no objections from Council.
#5 Discuss final reading of ordinance rezoning 1.5
acres on FM 1518 from General Business (GB) to
Residential/Agriculture (R/A).
Feeling
Council
Tuesday
they
agreed
night's
needed no further discussion on this item,
they were ready for it to be placed on next
agenda.
#6 Discuss appointment of Mayor Pro-Tem.
Mayor Baldwin explained that the appointment of the Mayor
Pro-Tem is done on a six-month rotational basis by Place
number. As it so happens, Place #4 is up for Mayor Pro-Tern
responsibilities at this time. The consensus of Council
was that Mr. Agee be appointed the new Mayor Pro-Tern and
be sworn in next Tuesday night.
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#7 Discuss request from Mike Lancaster Development to
waive sidewalk requirement.
Mr. Sweatt stated he and Mr. Lancaster have discussed his
request for a waiver (on the north side of Dimrock between
FM 3009 and Woodland Village Place) several times and City
Council previously made a decision not to grant the waiver.
However, Mr. Lancaster feels there's still some
negotiating that can be done.
Mr. Lancaster explained he had spoken with the homeowners
association and they voted that he didn't have to put the
sidewalks in. They agreed with him that having the
crossing at FM 3009 is hazardous due to the limited
visibility caused by the topography on the north side of
the intersection and having to contend with both right and
left turns onto Dimrock. Additionally, the topography is
such that it prohibits the installation of a typical
sidewalk.
Mr. McDonald asked if anyone from the City had told him he
didn't have to put in a sidewalk. Mr. Sweatt replied that
Public Works felt a sidewalk wasn't needed and it would be
better if it were landscaped. Mr. McDonald indicated he
is hearing a lot of people say they want sidewalks. If
they waive this for Mr. Lancaster, then who is next. He
is trying to look out for the City and feels they should
either eliminate the requirements for a sidewalk or enforce
them.
Mr, McDonald went on
Booker Road which has
people walking along
about their safety.
sentiments.
to say he envisions FM 3009 as a Pat
no sidewalks. He sees lots of young
FM 3009 every night and is worried
Mr. Potempa echoed those same
Mr. Lancaster pointed
sidewalks along FM 3009.
granting him the waiver.
out he doesn't see any existing
He wishes the City would consider
Mr. Swinney asked Mr. Lancaster what kind of landscaping
he plans on putting in and was told the low-maintenance
type.
Mayor Baldwin commented the City made a lot of plans for FM
3009, but they didn't include sidewalks. Every time they
let a developer get by without having to put in sidewalks,
it means the City will have to pay for it in the future.
After more discussion about whether or not putting in the
sidewalk is logical, Council agreed they were ready for
this item to be placed on next Tuesday night's agenda.
#8 Discuss Tax Abatement and Tax Abatement Agreement
with Theis Distributing and discuss first reading of
Ordinance approving such Agreement.
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Mr. Sweatt reported that representatives of Theis
Distributing met with the Schertz Economic Development
Commission for consideration of their request for a tax
abatement. Theis Distributing has a unique niche in its
industry. They distribute over 6000 sundry items to retail
stores and their major contract is with HEB. The
distribution function includes HEB's stores in Mexico.
After reviewing the request, the Economic Development
Commission unanimously recommended approval of a 57.77% tax
abatement on capital improvements for a five-year period.
The business will be located in the Vestal Subdivision. The
City feels the tax abatement is a good deal.
Bobby Theis showed his plans to Council and informed them
the facility is designed for growth. Mayor Baldwin
inquired about the number of employees and Mr. Theis
estimated approximately 55. Mayor Baldwin then welcomed
Mr. Theis to Schertz.
Council indicated their readiness for this item to be
placed on next Tuesday night's agenda.
At this time Council took a short break. Mayor Baldwin had
to leave and turned the rest of the meeting over to Mayor
Pro-Tem Potempa.
#9 BID AWARD: Consider and take action on awarding
bid for new ambulance.
Mr. Sweatt reminded Council this is on their agenda as an
action item because they were promised speedy delivery if
the bid can be awarded. As Council will recall, $70,000
was budgeted for a new ambulance this year. On May 1st the
bid opening was held for the new ambulance and two bids
were received - one for $74,272.00 and one for $74,281.00.
After Mr. Guerrero spoke with Mr. Huber, representative
for both bidders, deletions were made to the National
Ambulance bid. These deletions will in no way compromise
the safety of EMS crews or the patient's welfare. After
review, it is recommended the revised proposed bid from
National Ambulance Sales in the amount of $69,887.39 be
accepted.
Mr. Swinney asked what deletions were made. Mr. Guerrero
answered things like light bars. They can save money by
having the light bars flush-mounted. They also deleted the
stretcher. There's a lot of trade-in value if you leave
your stretcher in the vehicle. Mr. Huber let them keep
the stretcher as well as allowing them to keep the high
trade-in value.
Mr. McDonald asked if this ambulance is a complete vehicle
and Mr. Guerrero replied yes it is. Mr. McDonald then
inquired about the warranty and was the told the warranty
on the box is for 60 months and the warranty on the chassis
is for 30 months.
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Mr. McDonald moved to award the bid for the new ambulance
to National Ambulance Sales in the amount of $69,887.39.
Mr. Swinney seconded the motion, which carried with the
following votes:
AYES: Councilmembers
Greenwald.
McDonald,
Agee,
Swinney
and
NAYS: None.
#10 Discuss the following requests from the Schertz
Business Association regarding 4th of July Jubilee:
A. Curfew exception for park usage and possession
of alcohol in the park;
B. Resolution regarding the restriction of
alcoholic beverages in certain areas of the park; and
C. Contract approval.
Mr. Sweatt reminded Council they have in their packets the
request for the exception, the Resolution regarding the
restriction of alcoholic beverages in certain areas of the
park, and a copy of the contract. Council has extended the
curfew in the past, approved the Resolution and approved
the contract. These are simply the same requests made by
SBA in previous years, but with current dates included.
Mayor Pro-Tem Potempa asked what days July 3rd, 4th and 5th
are on and was told Thursday, Friday and Saturday. Anita
Clark from SBA stated the Jubilee will be the 3rd and 4th
and the carnival will be there for the 3rd through the 5th.
Mayor Pro-Tem Potempa asked Mr. Sweatt if he thinks there
will be any opposition from the local residents in the
immediate area of the park regarding noise, traffic, etc.
Mr. Sweatt replied they don't anticipate any problems. It
is an inconvenience living near the park, but he feels
those in the immediate area have become accustomed to the
Jubilee. Mrs. Clark mentioned they have found with the
carnival that it's down over the knoll a little bit and
maybe the noise does not carry up that field. Also the
bands are set up so the speakers are out toward the
swimming pool and that noise does not carry up to the
residential area.
Mayor Pro-Tem asked if anyone on Council has a problem with
changing the curfew to midnight. No one objected. He then
asked about the restriction of the alcoholic beverages in
certain areas of the park and no one objected to that
either.
Mr. Swinney asked Mr. Clark if she has been involved in
the past with the parade and she replied no - Annie Almond
is in charge of the parade. Mr. Swinney then mentioned
that last year there was a lot of danger in throwing candy
from the vehicles. He is respectfully asking that they do
away with that.
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Mrs. Clark related that the Jubilee Committee last year
made the decision for no candy, but it was turned around by
the general membership of SBA. The Committee couldn't make
that decision, and general membership made the decision
that candy would be allowed.
Mr. Swinney agreed candy should be allowed, but said let's
do it in a smart way. His family personally witnessed a
3-4 year old child almost being power mushed by a fire
truck last year.
Mrs. Clark stated that when Mrs.
paperwork to the people, and when
lot, they are reminded to throw the
Almond sends out the
they leave the parking
candy to the curb.
Mr. Swinney proposed that they have people walking along
the side of the streets with bags of candy, tossing it to
the children right at the curb. That would solve the whole
problem. He then asked Mrs. Clark to take this message
back to SBA.
Mrs. Clark indicated it's too late to get this message out
to the float participants because the paperwork has already
gone out. Mr. Swinney saw no reason why they couldn't
send one more letter out to each entrant telling them the
new procedure. That's a small price to pay. He proclaimed
he is very adamant about this. Mr. McDonald agreed.
Mrs. Clark mentioned again that the Committee had made the
decision about the candy last year because of the danger,
but it wasn't approved by the SBA general membership. Mr.
Greenwald emphasized he didn't think any of Council is
against the candy. They're really worried about little
ones running up to the vehicles trying to get the candy.
Mrs. Clark remarked one thing they're doing this year is
coming out Buffalo Drive right onto Schertz Parkway. They
are reversing the way they've been doing it and will not
block off Elbel Road. That eliminates the candy-throwing
problem there. To this, Mr. McDonald said it was in front
of the Schertz Bank where the child almost got run over.
Mr. Swinney told Mrs. Clark he plans on helping her out
on this candy situation. The City does have authority, and
if necessary, he will be the one to propose they pass an
ordinance. If they have a consensus, they'll pass an
ordinance. He doesn't think it will be that much trouble
to use a little common sense and a little volunteerism and
get a few letters out.
Mrs. Clark verified that Mr. Swinney was talking about
volunteerism from the participants. Mr. swinney said yes
and it's okay if they want to have a separate category of
candy people. Mr. McDonald mentioned the float people
will have to bring two extra people to walk on the ground.
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Mrs. Clark pointed out you're not just talking about
floats, you're talking about every entry that's in there.
This letter will have to go to every entry and if they are
going to throw candy, it will be their responsibility to
have side walkers to hand out candy. She doesn't think it
should be a burden put on those running the parade.
Mr. Swinney thought that was fine. It will just be simple
to send out letters to every entrant to say the City
Council has passed an ordinance (or whatever they have to
do) explaining they need two people to pass out the candy
along the curb and nothing will be thrown from any vehicles
or other entries.
Mayor Pro-Tem asked how Mr. Swinney plans on enforcing
this ordinance. Is he going to have policemen issue
citations right on the spot? Mr. Swinney replied he would
not do that, but something needs to be done. He would
rather look like an ignorant politician/government official
than attend the funeral of a 3 year old.
Mayor Pro-Tem Potempa suggested addressing the SBA general
membership and perhaps changing their mind. Mr. Swinney
commented if they have a letter backed up by an ordinance,
people will take it seriously. He recommended going back
to SBA and letting them know Council's feelings regarding
safety. Maybe it was the way it was presented last year.
If they don't agree with the recommendation, then he's
prepared to pass an ordinance.
After more discussion, the consensus of Council was there
will be no throwing of candy from any entrant. They were
also prepared to have this item placed on next Tuesday
night's agenda.
ill Discuss Interlocal Agreement between
Schertz and City of Seguin regarding Animal
Services for Guadalupe County.
City of
Control
Mr. Sweatt related since this was last discussed the City
Attorney has reviewed it. Council was ready to have it
placed on next Tuesday night's agenda.
#12 Discuss public hearing on request from San Antonio
I Limited Partnership, San Antonio III Limited Partnership
and Charles Forbes for rezoning of approximately 200 acres
of land from Residential/Agriculture (RA) and General
Business (GB) to Manufacturing District Light (M-I) and
discuss first reading of ordinance approving such rezoning.
Without much discussion, Council felt they had
information for this item to be placed on next
night's agenda.
enough
Tuesday
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#13 Discuss public
white to rezone one
Residential/Agriculture
discuss first reading
rezoning.
hearing on request from Albert
(1) acre of land from
(RIA) to General Business (GB) and
of an ordinance approving such
Mr. Sweatt stated when the area behind Randolph Air Force
Base was annexed, everything was zoned GB except this strip
of land along Fruedenberg Road. For some reason it
remained residential and the owner is asking that it be
rezoned to GB. The business there now is a storage area.
Planning and Zoning recommends the rezoning be approved.
Council was ready for this item to be placed on next
Tuesday night's agenda.
#14 Discuss public hearing on request from 5i-Nor,
Inc. for a Specific Use Permit allowing them to construct
a Material Recovery Facility on FM 1518 (south).
Mr. Sweatt advised this is 20 acres of land out of a much
larger piece of land on FM 1518 south near Trainer Hale
Road. It is his understanding the company has a contract
with Randolph Air Force Base to collect aluminum, paper and
cardboard for purposes of sorting it and hauling it to the
recycling facility.
Mr. McDonald asked how long the contract
Sweatt replied he thinks it's for 5 years.
then asked if there are any buildings. Mr.
yes there will be a 50' x 100' building
the property used for sorting the material
also be an office.
is for and Mr.
Mr. McDonald
Sweatt replied
at the back of
and there will
Mr. Sweatt went on to say Planning and Zoning recommends
approval of the Specific Use Permit. If it is approved the
company will be required to replat and submit a site plan.
Mr. McDonald asked if they gotten any permits and Mr.
Sweatt replied he didn't think so.
Mr. Swinney wondered how this location relates to the
AICUZ and the flight path and observed such a facility will
probably generate a lot of birds.
Council indicated they were prepared for this item to be
included on next Tuesday night's agenda.
#15 Discuss first public hearing regarding annexation
of approximately 35.31 acres of land (Forbes property).
Mr. Sweatt mentioned this is pursuant to a Resolution
adopted earlier by Council to begin the annexation
proceedings. This will be the first of two required public
hearings.
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Council agreed they were ready to have this item placed on
next Tuesday night's agenda.
#16 CITY MANAGER'S REPORT: A. Reported the Capital
Improvements Study Committee finished up this past Monday
and it has been suggested that there be a public hearing at
the May 28th workshop for the bond issue items and the
sales tax issue. Mr. McDonald pointed out that's the same
meeting for which the review of the audit report is
scheduled. Will that be too long of a meeting? Mr.
Sweatt suggested they could have the public hearing on June
3rd, but they would have to pass the ordinance calling the
election that night. Mr. Swinney wondered if something
controversial comes up, will that put them in a corner.
After a brief discussion, it was decided to hold a special
meeting on Monday, May 19th to have a public hearing on the
bond and sales tax issues.
B. Stated he has a request from Bexar County to
participate in the CDBG program and it requires action.
With Council's permission he would like to request it be on
the next agenda and he also recommends they decline
participation. The consensus of Council was to include it
on next Tuesday night's agenda.
#17 ITEMS BY COUNCIL: Mr. Greenwald: A. Related he
had about a two and one-half hour session Monday night with
representatives from CRWA and GBRA regarding the water
sales contract for plant expansion. For once Bill West
agreed their actual firm yield out of Canyon is 50,000 acre
feet. What they've done is gone back to past data as far
as inflows/outflows, etc. and with a minimal reduction in
electric generation, they can increase their yield to
between 80,000 and 85,000 acre feet. They currently have
under contract an extra 37,000 acre feet and another 6,000
acre feet under discussion. If they get this extra
increase to 80,000-85,000 acre feet, they can sell water
between now and the year 2020. Their intent is to provide
water through the year 2020 to give everyone time to come
up with an alternative water supply.
One of the discussions was out of boundary water supply.
Anything this side of FM 1103 is out of their water supply.
What they're proposing is we, and anyone else out of
boundary, have a water contract. Years 1-5 would be 125%
of the current sales, years 6-10 would be 150%, years II-IS
would be 175% and years 16-20 would be 200%. They have
also given notice that they are increasing their rate from
$53.05 to $61.00 an acre. Bill West has agreed to pay all
inter-basin costs. We need to decide if we want to buy and
if so, how much we want to buy.
Mr. Sweatt added that EAA is going
acre foot as a permit fee. Mr.
Pro-Tem Potempa mentioned you're also
fees by TNRCC and the State. Mr.
to charge us $25.00 an
Greenwald and Mayor
looking at additional
West thought he had
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enough votes to get
apparently he doesn't.
this amendment cancelled,
but
Mr. Sweatt said he and the Mayor had attended a meeting on
Tuesday to discuss these things with Representative Kuempel
and one other person and were told the State of Texas is
definitely going to pass a policy that will be funded by
levying charges to cities and not to expect the State to
come up with any general revenue. They did come up with a
few minor changes in the population category that may make
it easier for us to participate. There are other bad
provisions to the bill - fees are just part of it. TML and
others are proposing amendments on the floor, but he feels
it's going to pass.
Mr. Greenwald commented one of the things is
subordinates everyone's water rites to junior water
In other words, if it passes, Mr. West can cancel
contract he's got because he can't guarantee water.
this
rites.
every
B. Noted TNRCC said they would raise the fees for
tanks and they did it.
septic
C. Mentioned
regarding the
First Street.
the City needs to get a letter to TXDoT
sink holes on FM 78 from Kountry Kitchen to
D. Commented there's a farm on FM 78 with a little dirt
access road and it's beginning to look like the start of a
junk yard. You can see it from the corner of Roanoke and
Gettysburg. He would like the inspectors to check into it.
Mr. Swinney: A. Stated he was pleased with the results
of the bond committee and the input and attendance at the
meetings. The bike trails were not really addressed and
that may be something we need to do. We need to find the
best way to finance them. Also, there was a lot of support
for all the public safety issues. He made it clear to
everyone these were strictly recommendations and it is up
to City Council to make the final decision as to what will
be included in the bond issue.
B. Told everyone
a good article
sidewalks.
if they have a chance to read it, there's
in Sunday's editorial section about
Mr. McDonald: A. Remarked he would like to see Mike
Lancaster's original site plan to see what Planning and
Zoning approved. If we go forward on it, Mr. Lancaster
needs to give us a commitment in writing about what he's
going to do regarding the additional sidewalk across the
street.
B. Noted there are weeds in the pond in Woodland Oaks.
C. Stated the site of the old drive-in theater is a mess.
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D. Mentioned that people continue
driveways/sidewalks with their vehicles.
to
block
#18 ITEMS BY
prohibiting the
dr i veway . Mr.
right-of-way and
ordinance. Mr.
Sweatt recommended
B. Questioned if
trailer overnight
to check into it.
MAYOR: A. Asked if there's an ordinance
putting up of a basketball hoop in his
Sweatt responded if he's in the public
blocking the sidewalk, yes there is an
Potempa said there is no sidewalk. Mr.
he stay in his driveway.
it's a violation to park a
in a subdivision. Mr. Sweatt
rig and
promised
#19 ADJOURNMENT: On a motion by Mr.
seconded by Mr. Swinney and unanimously
meeting was adjourned at 10:00 p.m.
McDonald
carried,
and
the
ATTEST:
k
Mayor, Ci~y of Schertz, Texas
~A~~A"~P /
City Secretary, City of Schertz
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