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ccreg 05-20-1997REGULAR MEETING OF THE CITY COUNCIL MAY 20, 1997 The Schertz City Council convened in Regular Session on Tuesday, May 20, 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; Norman Agee, Sr.; Timothy Swinney 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 APPOINTMENT: Consider and take action regarding appointment of Mayor Pro -Tem. The Council, by consensus, approved the appointment of Councilmember Agee as Mayor Pro -Tem. #2 SWEARING IN OF MAYOR PRO -TEN Mayor Baldwin swore in Councilmember Agee as the Mayor Pro -Tem. Everyone congratulated him. #3 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. Terri Niemietz, representing her business at 1054 FM 78, spoke to Council saying she had been denied a Certificate of Occupancy today and was told it is because she is not ADA certified. Her business is located in the caboose at Riedel's Furniture. She has done some checking around and Seams Right, Schertz Realty and the 99 Cent store are also not ADA certified. She doesn't think it's fair for them to be in business when she has been denied that privilege. She does have a bell which someone who is handicapped can ring for assistance and she will go outside and provide service to them. She was also told she has no bathroom, but Riedel Furniture has said her customers can use their bathroom. Councilman Potempa asked how many feet from her business it is to Riedel's building and Mrs. Niemietz replied approximately 50 feet. Councilman Swinney wondered if there's a clause in the ADA requirements about the size of the building. Mayor Baldwin asked if the business is open and Mrs. Niemietz replied it opened yesterday and closed today. She understands the previous tenant of the caboose was Bernard Chigarilli and the one previous to him was Charles McDonald (Mr. McDonald claimed he was told he didn't need a Certificate of Occupancy.) Mrs. Niemietz went on to say she has spoken -271- with the Historical Society and they told her she is not allowed to alter the caboose. Mayor Baldwin asked Mrs. Niemietz to allow Mr. Sweatt time to speak with the Inspection Department and find out all the circumstances involved. Mr. Sweatt promised to get back with Mrs. Niemietz promptly. #4 ORDINANCE: Consider and take action on final reading of ordinance rezoning 1.5 acres on FM 1518 from General Business (GB) to Residential /Agriculture (R /A). Mayor Baldwin introduced an ordinance and read the caption as follows: NO. 97 -S -12 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AMENDING THE UNIFIED DEVELOPMENT CODE (UDC) ORDINANCE NO. 96 -S -28 BY REZONING APPROXIMATELY 1.5 ACRES OF LAND OUT OF BEXAR COUNTY AND REFLECTING SUCH CHANGES ON CERTAIN ZONING MAPS IN ACCORDANCE WITH THE SCHERTZ UDC ORDINANCE. Mr. Sweatt pointed out the location of the property on the map saying it is near the Randolph Air Force Base stables and the owner proposes to put three (3) mobile homes on the property. Mr. Greenwald asked, because of the location, if the owner has been notified about the need for extra insulation for noise suppression. Mr. Sweatt replied he didn't know, but will check into it. Mr. McDonald moved to approve the final reading of an ordinance rezoning 1.5 acres on FM 1518 from GB to R/A contingent on the owner being notified he needs extra insulation for noise suppression. Mr. Potempa seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Agee, Swinney and Greenwald. NAYS: None. #5 WAIVER: Consider and take action on request from Mike Lancaster Development to waive sidewalk requirement. Mr. Sweatt reminded Council that Mr. Lancaster had originally requested a waiver of the sidewalk requirement on Dimrock. After discussion at the last workshop, Mr. Lancaster has revised his request to now eliminate the sidewalk on his side of Dimrock and proposes to participate, or pay, the cost of sidewalk extension to the commercially zoned property on the opposite side of the street. (Mr. Lancaster was not present.) -272- Mayor Baldwin asked if the terrain is prohibitive for the construction of a sidewalk and Mr. Sweatt replied it is not. The Mayor then observed Mr. Lancaster would probably have to do some digging out and possibly put in a retaining wall. Mr. McDonald felt Mr. Lancaster should put in sidewalks. If someone from the City told him he didn't have to, then he should be reimbursed. Everyone else has to put them in and he doesn't think the requirement should be waived for Mr. Lancaster. Mr. McDonald moved to deny the request for a waiver and require Mike Lancaster Development to put sidewalks on Dimrock. After discussion about whether or not he was told by the City he didn't have to put in sidewalks, about the expense of sidewalks, about safety, about the drainage ditch, and about the fact Mr. Lancaster has gone to the Woodland Oaks Homeowners Association and they basically agree no sidewalk is needed, Mr. Potempa seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa and Greenwald. NAYS: Councilmembers Agee and Swinney. #6 ORDINANCE: Consider and take action on first reading of Ordinance approving Tax Abatement and Tax Abatement Agreement with Theis Distributing. Mayor Baldwin introduced an ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, APPROVING A TAB ABATEMENT AND A TAX ABATEMENT AGREEMENT FOR AND WITH THEIS DISTRIBUTING INC., A PROPERTY OWNER IN THE CITY OF SCHERTZ. Mr. Sweatt advised the Economic Development Commission met and approved this Tax Abatement. Theis distributes over 6,000 sundry items to HEB. It is a good clean industry. Mr. Potempa moved to approve the first reading of an Ordinance approving a Tax Abatement and Tax Abatement Agreement with Theis Distributing. Mr. Swinney seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Agee, Swinney and Greenwald. NAYS: None. -273- #7 SCHERTZ BUSINESS ASSOCIATION: Consider and take action on the following requests from Schertz Business Association regarding 4th of July Jubilee: A. Approval of curfew exception for park usage and possession of alcohol in the park; B. Approval of Resolution regarding restriction of alcoholic beverages in certain areas of the park; and C. Approval of Contract. Anita Clark of the Schertz Business Association was present and told Council there may possibly be a hold up on approval of the Contract because they would like to have it included in the Contract that the Association be advised, in writing, of any incidents which take place at the Jubilee. Mr. Potempa asked if an incident had occurred in the past and Mrs. Clark replied that last year a float hit a wire and if they had been advised of that, Mrs. Almond could have included information in her letters to the float entrants about avoiding that situation. Also, several years ago a couple of incidents occurred with injuries from the carnival rides which the Association was not made aware of until after the fact. Mr. Potempa asked how you can prevent injury and Mrs. Clark replied that, fortunately, she had found out about it in time to call the company who was on it's way to Lampassas to set up and they pulled those rides which had caused the injuries. Several Councilmembers were not sure that having a clause in the contract about requiring information, in writing, about incidents would do any good. Mrs. Clark indicated they would like to have those reports in writing. Mayor Baldwin asked her if she was representing the Jubilee Committee and Mrs. Clark replied yes she was. Another item brought up was discussion about the way the candy would be distributed along the parade route. Some suggested passing it out from the curb and some suggested having walkers along the route to pass it out. Also discussed was the possibility of a mandate or ordinance from the Schertz Business Association and /or the City prohibiting the throwing of candy from any float or vehicle in the parade. Mayor Baldwin was not sure what any of this had to do with the Contract. Mrs. Clark pointed out it's important so that whoever is doing the Contract will know what's expected. Mr. Potempa moved to table action on the requests from the Schertz Business Association until the next workshop so the issues brought up tonight could be resolved. Mr. McDonald seconded the motion which carried with the following votes: -274- AYES: Councilmembers McDonald, Potempa, Agee, Swinney and Greenwald. NAYS: None. #8 INTERLOCAL AGREEMENT: Consider and take action on Interlocal Agreement between City of Schertz and City of Seguin regarding Animal Control Services for Guadalupe County. Mr. Sweatt noted, among other things, this agreement outlines the territories for both Schertz and Seguin and assures equitable distribution of animal control responsibilities. Mr. Potempa moved to authorize the Interlocal Agreement between the City of Schertz and the City of Seguin regarding Animal Control Services for Guadalupe County. Mr. Swinney seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Agee, Swinney and Greenwald. NAYS: None. #9 PUBLIC HEARING: request from San Antonio III Limited Partnership approximately 200 Residential /Agriculture Manufacturing District - To receive citizen comments on a I Limited Partnership, San Antonio and Charles Forbes for rezoning of acres of land from (R /A) and General Business (GB) to Light (M -1). Mr. Sweatt pointed out the location of the property on the map and advised three (3) letters were sent to property owners within the required distance with one (1) being returned in favor and none being returned in opposition. Planning and Zoning recommends approval of the request. Mayor Baldwin explained the procedures to be followed for the public hearing. Neither the representatives of the property nor any citizens had comments about the request. Mr. McDonald asked what's going to be put on the property and Greg San Marco of Don McCrary & Associates answered something similar to what's in Tri- County. Mayor Baldwin closed the public hearing at this time. #10 ORDINANCE: Consider and take action on first reading of ordinance rezoning approximately 200 acres of land from R/A and GB to M -1. Mayor Baldwin introduced an Ordinance and read the caption as follows: -275- 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 200 ACRES OF LAND OUT OF GUADALUPE COUNTY AND REFLECTING SUCH CHANGES ON CERTAIN ZONING MAPS IN ACCORDANCE WITH THE SCHERTZ UDC ORDINANCE. Mr. McDonald moved to approve the first reading of an Ordinance rezoning approximately 200 acres of land from R/A and GB to M -1. Mr. Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Agee, Swinney and Greenwald. NAYS: None. #11 PUBLIC HEARING: To receive citizen comments on a request from Albert White to rezone one (1) acre of land from Residential /Agriculture (R /A) to General Business (GB). Mr. Sweatt advised the property is located on Fruedenburg Road in the Schirmerville area which was annexed in 1986. A business was operating at the location at the time of annexation and the surrounding property was zoned GB after it was annexed. This portion, for some reason, was left out of the GB category. Mr. White just wants this property to coincide with the rest. Planning and Zoning recommends approval of the request. Two (2) letters were sent to property owners within the required distance and none have been returned. Mr. Greenwald commented it was just an oversight when the property was annexed. Mr. McDonald felt the $50.00 for the public hearing should be refunded to Mr. White since it was the City's fault and is being rectified. There being no further comments, Mayor Baldwin closed the public hearing at this time. #12 ORDINANCE: Consider and take action on first reading of Ordinance rezoning approximately one (1) acre of land from R/A to GB. Mayor Baldwin introduced an ordinance and read the caption as follows: -276- BY THE TEXAS, (UDC) APPROXI] COUNTY ZONING CODE. AN CITY COUNCIL OF THE CITY OF SCHERTZ, AMENDING THE UNIFIED DEVELOPMENT CODE ORDINANCE NO. 96 -S -28 BY REZONING !LATELY ONE (1) ACRE OF LAND OUT OF BEXAR AND REFLECTING SUCH CHANGES ON CERTAIN MAPS IN ACCORDANCE WITH THE SCHERTZ UDC Mr. Greenwald moved to approve the first reading of an Ordinance rezoning approximately one (1) acre of land from R/A to GB with the stipulation Mr. White be refunded the $50.00 fee for the public hearing. Mr. McDonald seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Agee, Swinney and Greenwald. NAYS: None. #13 PUBLIC HEARING: To receive citizen comments on a request from Si -Nor, Inc. for a Specific Use Permit allowing them to construct a Material Recovery Facility on FM 1518 (south). Mr. Sweatt related this is the only public hearing that will be held. Planning and Zoning is not required to hold a public hearing. They did review the request and made the recommendation a public hearing be scheduled. He then pointed out the location of the property on the map. Mr. Sweatt went on to say nine (9) letters were sent out originally to property owners within the required distance, but an error was made and three property owners were omitted from the list, so they were sent letters by certified mail (return receipt requested). His suggestion is to extend the public hearing to the next regular meeting to allow the additional property owners time to express their opinion. Two of the three certified mail cards have been returned and signed as received, but not the third one. (NOTE: It was discovered in speaking with members of the audience that people representing two of the three property owners who were sent certified mail were present and the third, who had not responded, is deceased.) Anthony Uwakwe of Si -Nor spoke at this time. He informed Council Si -Nor does recycling for Randolph Air Force Base - they sort the material and then haul it out. Mayor Baldwin asked if any of the material they sort is hazardous and was told it is not. The site plan was discussed and Mr. Uwakwe said there are two buildings. One is 50' x 100' with a 30' wall and -277- that's for the recycling. The other building is an office. Mr. Swinney asked if all recycling activities are enclosed and was told they are. Mr. Potempa pointed out the application for the Specific Use Permit is signed by Annette King. Mr. Uwakwe acknowledged she is a contract manager. The corporate office is in Silas, California. Mayor Baldwin asked if Si -Nor's contract with Randolph is long -term and Mr. Uwakwe replied it is a five -year contract with options. Mayor Baldwin then asked if Randolph doesn't renew the contract will Si -Nor go away and Mr. Uwakwe answered no, they are looking to expand to other military bases. Mr. Swinney felt a more centralized location would be better. Mayor Baldwin inquired if they have purchased the land or is it contingent on the approval of the Specific Use Permit. Mr. Uwakwe replied it is contingent. Mr. Potempa questioned how this will be affected by bird problems. Mr. Swinney mentioned that trash around the base attracts more birds. Mr. Uwakwe indicated that Randolph has already approved the site. Mr. Agee asked how many vehicles will be involved and Mr. Uwakwe replied four (4) trucks. They now haul to a temporary location (Randolph Country Round -Up), but they can't sort there. Mr. Swinney asked about hours of operation and Mr. Uwakwe replied the hours are from 7:30 a.m. to 4:15 p.m.. Mr. Agee inquired why they don't take the trash directly to a landfill and Mr. Uwakwe replied they can't sort in the open and they need to weigh it and make reports before hauling it away. At this time the following citizens voiced their opinions: Christy Rockowitz of Schaefer Road She owns 25 acres and planned to farm it. FM 1518 has gone downhill. This business will lower the value of the land. It will harbor insects which affects everyone. What happens if the contractor runs out and someone else takes over? There is too much traffic already. Council should listen to people who live in the area versus newcomers to the area who want to put in a business of this type. Tom Kavlor of FM 1518 Who's Si -Nor and where do they come from? They may be handling hazardous material. They plan on locating close to the curve which is a potential traffic hazard. The City IP.TC19 of Schertz needs to do a better job of protecting its citizens. This business is not conducive to their neighborhood. What kind of ordinance does the City have to control this situation? If a permit is granted, the State doesn't have enough manpower. This business will have a negative impact and be an overall eyesore. He recommends City Council disapprove the request. Carolyn Kavlor of FM 1518 She loves the City of Schertz and knows these types of facilities have to go somewhere. There's one on Lookout Road and one by the Lone Star Brewery. The noise level will probably increase and there will be more traffic. What safety features are there? Monty Carroll of FM 1518 His property adjoins the Kaylors' property. The entrance cannot be controlled. The facility will turn into a landfill. Traffic will increase. It will attract rodents. The noise level will increase. This is not a good area for this facility and he objects to putting it there. Virginia Stephens of subdivision next to proposed location Her main objection was the increase in traffic. There's already a traffic problem on FM 1518. James Harris of FM 1518 and Schaefer Road If this business is approved, what other kind of businesses will the City allow out there? This is not an appropriate business for the area. Bexar County is no man's land - the City doesn't have control of roads, speed limits, etc. The roads need widened. Once this business is in, it is there to grow. Regarding permits, we know they're lucky if they get inspected every two or three years. Suggests leaving the land a greenbelt area. Joan Harris of FM 1518 and Schaefer Road What kind of acreage is involved? Didn't anyone want to buy this land except this company? She can see this type of thing snowballing if the Specific Use Permit is approved. There will be more of a traffic hazard than there is now on FM 1518. Tim Adams of FM 1518 What would the benefits of this company be to the City? The trucks would exceed the speed limit and the trash will create infestation. -279- Mr. Rumof of Schaefer Road Hates to see this company come in here. He has helped develop several subdivisions. Considering the bird mess and the water study, we don't need another dump. Norma Jean Monilaw of FM 1518 Has lived at this location since 1992. There is already lots of traffic and this will create more. Si -Nor would not be a good neighbor. Once it's there, it's like a cancer - you can't get rid of it. Ron Smith of the Child Care facility on FM 1518 Was worried about dumping. This request is for a Specific Use Permit - at some future time is that likely to change? Has the City verified all the permits required for this type business? Don Holman of Triangle Realtv Admitted FM 1518 is a traffic hazard and needs to be fixed. He is the real estate agent handling the sale of this property and he considers this to be the highest and best use of the land. There is a lot of dead property around Schertz. He doesn't feel this business will decrease the property values in the area. Bill Wiederstein of FM 1518 and Schaefer Road He owns 101 acres. Is glad to hear the trash will be separated. There is already a lot of traffic on FM 1518. He knows this business will help lower taxes, but he's not sure it's the right business for the location. Jerry Fairlev of FM 1518 Regarding the size of the building - will it be added onto. How will liquids from cans be addressed? Do they have a permit? Does the State approve the site plan or only the City? Suggested the City take a long hard look at this request. Mr. Uwakwe had addressed all the citizens' concerns as they were voiced. Mayor Baldwin thanked all the citizens for their input and composure and then closed the public hearing. Mr. Swinney remarked he, personally, thinks this is one of the most ill- advised proposals ever heard. He doesn't think a California company will do anything on behalf of Schertz. He sees no benefit to the City of Schertz. It's a negative situation. X12 Mr. Potempa emphasized he had heard enough. This sentiment was echoed by Mr. McDonald. Mr. Greenwald felt it would be a breeding ground for cockroaches. Randolph has a good recycling program. This would be a detriment to the base. Mr. Agee commented he knows the traffic problem is bad and he's not sure how much this company would add to that. It does, however, need to be addressed. #14 Consider and take action on above request for a Specific Use Permit. Mr. Swinney moved to deny the request from Si -Nor, Inc. for a Specific Use Permit allowing them to construct a Material Recovery Facility on FM 1518 (south). Mr. Potempa seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Agee, Swinney and Greenwald. NAYS: None. At this time Council took a short break. #15 PUBLIC HEARING: To regarding the annexation of land (Forbes property). receive citizen comments approximately 35.31 acres of Mr. Sweatt pointed out the location of the property on the map. There were no comments from either the citizens or Council, so Mayor Baldwin closed the public hearing.' #16 Consider and take action on request from Bexar County Department of Housing and Human Services for continued participation in the HUD Community Development Block Grant program. Mr. Sweatt stated his recommendation, as in the past, is to decline participation because the City has little or no area that will qualify for low to moderate income restrictions and the City would like to maintain its eligibility for The State Capital Fund program. Mr. Potempa moved to decline participation in the HUD Community Development Block Grant program as requested by the Bexar County Department of Housing and Human Services. Mr. McDonald seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Agee, Swinney and Greenwald. NAYS: None. IME #17 CITY MANAGER'S REPORT: There was none. #18 ITEMS BY COUNCIL: Mr. McDonald: A. Commented the City needs to check out Randolph Country Round -Up who Si -Nor said they were using as a temporary location. B. Asked if there's an update on the Ralley's hamburger stand parked out off FM 1518. Mr. Sweatt replied they were parking it there temporarily until moving to another site, so he will check it out. Mr. Agee: Observed they should revisit the sidewalk issue for more consistency. After a brief discussion, it was decided this issue should be placed on the agenda of the next workshop. Mr. Swinnev: A. Reported Max Hernandez has been complaining about the dirt and debris coming out onto the street from the alleyway beside the Stegink property at 100 Cloverleaf. Mud is being tracked all over the roads in Lone Oak. Can something be done about it? Mr. Sweatt promised to check into it. B. Mentioned the City needs tighter procedures on junk yards. Mr. Sweatt reported they had hired a third inspector and will try to do a better job. C. Indicated several pounds of bulk candy are needed for the 4th of July parade and staff or Councilmember volunteers are needed to walk along the route and distribute the candy. D. Welcomed Mr. Willman back. Mr. Greenwald: A. Remarked that upon looking at the handout from Bexar 911, he couldn't find anyone representing Guadalupe County. B. Commented the speed limit signs along Schertz Parkway still have 26 mph and 33 mph on them. Mr. Sweatt advised that was done intentionally. C. Reported Cindy Webster passed away and the funeral is this Friday at 9:30 a.m. at Colonial funeral home. D. Also reported that Jimmy Meek passed away, but he doesn't know any of the details. #19 ITEMS BY MAYOR: A. Stated he received a letter from Jim Thiesen of the Housing Authority saying Earl Sawyer had declined being appointed as a City representative to the Board and asked if another Councilmember would agree to take on that responsibility. Councilman Agee volunteered. -282- Also, as far as the Housing Authority Board, Regis Lynch is going to resign and Warren Klebig will be replaced by Earl Sawyer. B. Reported he and Mr. Sweatt have attended various meetings about water legislation. Several of the bills would have horrendous effects on Schertz. Subordinate rights on water is one of the critical issues. #20 ADJOURNMENT: On a motion by Mr. Swinney, seconded by Mr. Potempa and unanimously carried, the meeting was adjourned at 9:59 p.m. ATTEST: City Secretary, City of Schertz -283-