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
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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.)
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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.
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#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:
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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:
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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:
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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
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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.
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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.
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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.
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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
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