Loading...
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. -333- #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. -334- 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 -335- 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 -336- 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 -337- 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 -338- 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. -339- ~ Mayor, Citytof I Schertz, Texas ATTEST: ~ ;?/-r~ City Secretary, City of Schertz -340-