ccreg 07-02-1996
REGULAR SESSION OF THE CITY COUNCIL
JULY 2, 1996
The Schertz City Council convened in Regular Session on
Tuesday, July 2, 1996 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; Earl Sawyer; Timothy Swinney and Ken Greenwald.
Staff present were City Manager Kerry Sweatt and City
Secretary Norma Althouse.
(Preceding the meeting, the photographer from Sarah's
reflections had taken a group picture of Council.)
Mayor Baldwin welcomed everyone and asked them to rise and
join him in the Pledge of Allegiance to the flag.
#1 APPROVAL OF MINUTES: Special Session 5-1-96
Regular Session 5-7-96
Mr. Sawyer moved to approve the minutes, as written, for
the Special Session 5-1-96 and the Regular Session 5-7-96.
Mr. Potempa seconded the motion, which carried with the
following votes:
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
#2 HEARING OF RESIDENTS: 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.
#3
action
Economic
APPOINTMENTS/REAPPOINTMENTS: Consider
regarding appointments/reappointments
Development Commission.
and
to
take
the
Mr. Sweatt advised the recommendation from the Economic
Development Commission is for the reappointment of Lewis
Borgfeld, Wanda J. Sweatt, Harry Richburg, Eric White and
Jackie Jones. A new person recommended for appointment is
Tim Fetter. All terms are for a period of two years.
Mr. Sawyer moved to approve the reappointment of Lewis
Borgfeld, Wanda J. Sweatt, Hary Richburg, Eric White and
Jackie Jones and the appointment of Tim Fetter to the
Economic Development Commission. Mr. McDonald seconded
the motion, which carried with the following votes:
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
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#4 CITY MANAGER'S REtuA~: A. Reminded Council that
in their packets was a draft of an agenda for the visit of
the Macedonian Mayors from August 3rd through August 10th.
This is a program sponsored by USAID. Included in the
packet is some background information about the Republic of
Macedonia. It is felt this will be an excellent
opportunity not only to showcase the City of Schertz but to
show them democracy in action. The two Mayors and their
interpreter will be here to learn first hand how to operate
cities. As we understand it, Macedonia's city government
does not address many of the types of problems,
circumstances and service deliveries that many cities in
the United Stated do. They currently have a lot of
associations and various other single-purpose units of
activity that provide certain services. Starting in
November with elections, which by the way will be the first
democratic elections, those cities will be ,taking on
specific service activities. They're here to learn how to
do it. They will have had a crash course at Harvard in
public administration and will have been in two other Texas
cities prior to visiting ours. We hope to make it both a
learning experience and a socially pleasant experience for
them. This tentative agenda has been drafted, but any
comments or suggestions are welcome. Council's
participation is needed.
Mr. Sweat then mentioned a few of the items on the agenda.
On Saturday, August 3rd, they would like for the Council
and their spouses to accompany them to the airport to greet
them. There will be a reception and welcoming dinner later
in the day. Much of the week will be devoted to meetings
and various activities, including attending the Council
meeting on August 6th. It will wind up on Friday, August
9th, with a barbeque. Councilmembers and their spouses and
Department Heads and their spouses are invited to attend.
Stacey Padgett, the intern who coordinated this visit, will
also be attending. Saturday morning, August 10th, there
will be a breakfast and then we will be taking them back to
the airport.
Mr. Potempa commented he is really pleased Schertz was
selected as a city to host the visitors from Macedonia. It
proves that Schertz is proud of what they have and they are
showing if off to the world now.
B. Noted that another item he had provided to Council is a
copy of a letter Councilmember Greenwald has prepared in
response to correspondence we had from a non-resident
regarding charges for BVYA tournament softball games. Mr.
Sawyer commented it is a fantastic letter and other members
agreed.
C. Related he had asked Juan Gurrero to be here tonight to
bring some pictures and tell Council about the ambulance in
process. He just got back from Louisiana where he viewed
the ambulance in assembly.
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Mr. Guerrero
pictures and
delivered the
early. There
and the City's
presented some "before" and "as it's going"
announced the ambulance is projected to be
week of the 15th of July which is a week
are only two trucks in production right now
has top priority.
Mr. Sweatt told Council, as they know, Mr. Guerrero's
recommendations were for this company primarily because of
delivery time. It's a pleasant experience to find they not
only deliver on time, but a week early. Mr. Sweatt
thanked Mr. Guerrero for his time.
#5 ITEMS BY COUNCIL: Mr. McDonaldt Stated that upon
reading the minutes of the Planning and Zoning Commission,
he sees two trends. First, it seems at their last meeting
someone brought up a question about a Mobile Home
Subdivision even being presented because, as submitted, it
didn't meet all the requirements of the ordinance, but were
told to go ahead and do it anyway. That kind of upsets him
and gets him excited. Since we have an ordinance, why not
enforce it or do away with it. Second, he is getting very
concerned about the City rezoning all its commercial
property. If the Planning Commission and the City Fathers
are ready to accept that everyone's going to go to Cibolo
and spend their tax dollars over there, that's what's going
to happen. There's a nice commercial building planned for
Live Oak and FM 3009, but it's in Cibolo. He sat down and
figured out that one K-Mart or Wal-Mart or Builders's
Square equals 1250 houses in sales tax revenue. Schertz is
missing the boat if they don't start developing a
commercial base. People will go to Cibolo like they used
to go to Universal City. The same philosophy exists here
that existed 25 years ago.
Mr. Potempa referred to the 100 acres or so behind where
HEB is going to build. IH-35 is a prime commercial area
and in New Braunfels they're building a Wal-Mart superstore
right next to the old Wal-Mart. Why can't Schertz get
something like that? Are we going to get homes up there?
The Barshop property was zoned for a commercial type
operation. Why do we have to get residents up on IH-35?
We need to look at the maps again and consider the City's
future.
Mr. McDonald admitted there's no doubt residential will
come first, but take a look at Nacogdoches Road where
they're developing out to Loop 1604 just now. Some of
those subdivisions have been there for 15 to 20 years, but
now commercial development is coming because they left the
frontage zoned commercial. Maybe the wisdom of the people
in Schertz is they don't want any commercial development
and will accept increasing ad valorem taxes.
Mr. Sawyer commented he always thought a
left the first 100' feet along the road
development.
smart
for
developer
commercial
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Mayor Baldwin observed commercial development will come,
but a developer is looking for money now. He's wanting to
sell the property, turn it, and convert it to cash.
Developers are not going to wait. He pointed out the strip
along Schertz Parkway as an example. It has been a prime
commercial development strip ever since he's lived here.
There's not a single business, with the exception of the
grocery store, that's been there for 25-30 years.
Everything that has come on the strip has been a non-profit
type operation. He doesn't feel there's a place in today's
economy for a Mom and Pop type operation.
Mr. McDonald pointed out Neighborhood Services includes
things like dry cleaners and medical clinics. Medical
benefits for retired military is practically a thing of the
past, so medical clinics are needed. Using the l250 homes,
previously mentioned, as an example, Mr. McDonald wondered
how many police officers and firemen the City has to hire
and how many fire trucks the City has'to buy to provide
those type services to 1250 homes versus serving one
business.
Mr. sawyer asked how much time the City's looking at
spending in court if they refuse to rezone property. If we
refuse to rezone commercial property at an owner's request
and he's worth his salt, he's going to take us to court to
make us prove we can deny him a higher and better use of
his property. Mr. McDonald commented the best use is
commercial and Mr. Sawyer observed that may be in Mr.
McDonald's opinion, but it might be houses in the property
owner's opinion.
Merwin Willman informed Council when the request from Mike
Lancaster came in to rezone, Planning and Zoning denied it
because it was gated, it was in front of Woodland Oaks, and
they didn't think it was a proper place. Mr. Lancaster
talked to Planning and Zoning and agreed to resubmit the
request without the gate. When he came back in, it was
still gated and Planning and Zoning turned him down again.
At that point he got his lawyers to talk to the City's
lawyers. That tells you he wants his way, so this time
Planning and zoning is going to let him have a public
hearing. Then maybe they will have grounds for denial.
Mr. Willman went on to say representatives of the Woodland
Oaks Homeowners Association were at the Planning and Zoning
meeting and they like Mr. Lancaster's plan. Mr. McDonald
commented they don't want commercial in front of their
houses. Mr. Willman, speaking of businesses along FM
3009, said years ago when all the City had was FM 3009
(Schertz Parkway wasn't here), it was zoned for general
business because they figured that would be their business
area coming north and south into the City. Then Schertz
Parkway came in and they figured that would take the
business off FM 3009 and put it on Schertz Parkway, but
nothing happened. Mr. McDonald remarked it's not going to
happen. Mr. Greenwald asked how long you expect developers
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to sit on their land. Mr. Willman pointed out the City
has had General Business zoning along IH-35 for many years
and it's just beginning to develop now. Mr. McDonald
pointed out it takes rooftops. Mr. Willman explained if
you go back and look at the history of Tri-County Business
Park and look at some of the requirements the owners had,
you'd understand why it hasn't developed. Mr. Potempa
added because the land is too expensive. Mr. Willman
admitted that's true, but also you had to buy a certain
amount of acreage to build there. He also told Council,
for their information, a new business is coming into
Tri-County with a 250,000 square foot building, so things
will begin to develop up there.
Mr. Willman further stated the way it looks now, the
City's business and industry will be along IH-35, and IH-35
to FM 78 will be the residential area, south will be the
rural area for now, and FM 78 will be a business area. Mr.
Potempa questioned the remark about FM'78 being a business
area, but Mr. Swinney thought business will improve along
FM 78 once the road is widened. Mr. McDonald noted you
can only stack so much in there and as far as along IH-35,
some people don't want to build a business there because of
the cost of the land.
Mr. Swinney agreed with Mr. McDonald that we need to
balance all this out so there's a good commercial base, but
then asked if a developer doesn't have to look at all the
demographics, both as a customer and as an employer, before
coming into an area. It seems it would be easier to get
something like a Wal-Mart if we could show them we have
5,000 new residents.
Mayor Baldwin told Council if they agree with Mr.
McDonald, then they need to give Planning and Zoning some
guidance on what they think. Maybe it's time for a joint
meeting so everyone can express their desires. Mr.
Willman told Council unless Planning and Zoning hears from
Council, they assume they're doing a good job. Mr.
McDonald stressed he thinks they're doing a good job, he's
just concerned about turning all the commercial land into
residential. Mr. Sawyer implied if the City wants to save
its commercial property, then it should adopt an ordinance
that says all streets and roadways for 250' back will be
zoned commercial. Schertz Parkway was originally zoned
commercial. Mr. Greenwald commented it still is. Mr.
Sawyer then mentioned somebody changed it so Ashley Place
could bring their fence up to within 10' of the roadway.
If you don't want zoning to change you have to ordinance
it. He suggested Mr. Sweatt check with the City Attorney
to see if the City can legally declare that property on
both sides of a major roadway can be zoned commercial and
not be changed.
Mayor Baldwin felt
the City wanted
commercial zoning
the ordinance is working exactly the way
it to. Years ago, people didn't want
along FM 3009. They would fill the
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Chambers when we had a request and that always scared
developers off. The commercial zoning we have along FM
3009 came about when Planning and Zoning amended the zoning
map and they did it by public hearing. As a result Schertz
Parkway was zoned commercial and it is easier to change
from commercial to residential than the other way around.
After more discussion, the consensus of Council was to have
Mr. Greenwald pass on the information to Planning and
Zoning that they would like to see more commercial property
saved as commercial, especially along Schertz Parkway. Mr.
Swinney agreed with the consensus, but mentioned there's
still plenty of space and business potential in downtown
Schertz and on FM 78. Mr. McDonald pointed out all the
housing is on the other end of the City and all you'll get
on FM 78 are the little quick stops. This prompted Mr.
Willman to ask Mr. McDonald what kinds of businesses he's
looking for and Mr. McDonald answered neighborhood service
types of businesses. '
Mr. Potempa: Reported he had a unique problem at his
residence yesterday and he would like to publicly
acknowledge and thank Captain Steve Starr, Police Officer
Bennie Brow, Animal Control Officer Matt Broughton, and
Police Dispatcher Ronnie Rutkowski for their help and quick
response.
Mr. Sawver: A. Complimented security at the park while
the BVYA tournament was going in.
B. Related there
signs around the
should pick them up
are still a proliferation of illegal
City and he thinks the City employees
and deliver them to the City Manager.
Mr. Sweatt admitted to being as guilty as anyone.
Sometime he drives down the street and just doesn't see
them. Mr. Potempa, saying someone must have heard the
City was going to pull signs down, reported that on Schertz
Parkway there's a handyman sign way up high in a tree.
They had to use either a ladder or cherry picker to get it
up there. Mr. Sawyer and Mr. Greenwald both said if
there's a number on the sign, the person can be called to
come take it down or be issued a citation if he doesn't.
Mr. McDonald interjected he would like to compliment TXDoT
for mowing along FM 3009.
Mr. Swinney: A. Jokingly mentioned if Mr. sawyer is
willing to give up his Council stipend, then the City could
hire him as a sign consultant.
B. Reported attendance on adult night at the swimming pool
has really gone up.
C. Asked Mr. Sweatt if, since TXDoT has mowed along FM
3009, there's any way the City could get someone to go
along and zip off the weeds next to the wall. Mr. Sweatt
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replied he doesn't think they are finished and he would
prefer TXDoT do it.
Mr. Greenwald: A. Indicated he had copies for everyone
of the letter of reply Mr. Sweatt touched on to the
unhappy gentleman from Live Oak who attended BVYA softball
games and didn't like it because he had to pay a fee.
B. Noted they just received a copy of the judgment from
the Texas Supreme Court saying there is no more Edwards
Underground Water District. They're trying to find out
what's going to happen and in what kind of time frame.
This judgement does state Guadalupe County is part of the
Edwards Aquifer. There will be an election in November and
we need to get someone on board. In the procedures set up
a couple of years ago, Comal County was allowed two
representatives - one to represent Comal County,and one to
represent Schertz. Mr. Greenwald didn't think that was
fair. They are trying to get the details and will keep
Council informed. Mr. Sawyer asked if they are doing the
election the same way the Appraisal District does theirs
and Mr. Greenwald didn't know, but thought at best you
only get one seat.
Mr. Greenwald went on to say one thing they are doing now
is keeping all the data on pumping. Once all the numbers
are in and the pie is divided up, that's all the water you
can have. He related he has a copy of the judge's ruling
for anyone who's interested.
#6 ITEMS BY MAYOR: A. Reminded Council that
Wednesday they do the evaluation of the City Manager
everyone should get their forms filled out.
next
and
B. Mentioned the 4th of July Jubilee this Thursday and Mr.
Swinney asked if there's any word on the fireworks. Mr.
Sweatt replied it's a go. The Fire Chief has asked that
they reduce the extremely high discharges because of
drifting. Everything will be kept down to a 200' to 300'
discharge. Mayor Baldwin noted the Business Club said they
have eliminated the 5" rocket shots and gone to 4" and 3"
ones. They should have a lot more fireworks, it just won't
have the same altitude. The Mayor also commented he got
invited to the Randolph Air Force Base two-day 4th of July
event.
#7 ADJOURNMENT: On a motion by Mr. Potempa, seconded
by Mr. Greenwald and unanimously approved, the meeting was
adjourned at 7:52 p.m.
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~
Mayor, Citytof
I
Schertz, Texas
ATTEST:
~ ;?/-r~
City Secretary, City of Schertz
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