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ccreg 04-18-1995 .-i '~j- III REGULAR MEETING OF THE CITY COUNCIL APRIL 18, 1995 The Schertz City Council convened in Regular Session on Tuesday, April 18, 1995 at 7:00 p.m. in the Council Chambers of the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas. The fOllowing members were present: Councilmember Ken Greenwald, presiding; Charles McDonald; Joe Potempa and Mary Marsh. staff present were City Manager Kerry Sweatt and City Secretary Norma Althouse. Mr. Greenwald announced that Mayor Baldwin is and Mayor Pro-Tem Stanhope is unable to be here a consensus of the Council is needed as to preside. out of town tonight, so who should Mrs. Marsh moved to approve Mr. Greenwald as the presiding officer of this April 18, 1995 regular meeting of City Council. Mr. McDonald seconded the motion, which carried with the fOllowing votes: AYES: Councilmembers McDonald, Potempa and Marsh. NAYS: None. Mr. Greenwald then asked everyone to rise and join him in the Pledge of Allegiance to the flag. # 1 APPROVAL OF MINUTES: A. B. Special Meeting 2-15-95 Regular Meeting 2-21-95 Mr. McDonald moved to approve the minutes of the Special Meeting of 2-15-95 and the Regular Meeting of 2-21-95. Mr. Potempa seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald and Potempa and PreSiding Officer Greenwald. NAYS: None. ABSTENTIONS: Councilmember Marsh. (Since Mrs. Marsh abstained, Mr. minutes could be approved. I Greenwald voted so the #2 HEARING OF RESIDENTS: Those citizens wishing to speak on agenda items and those having matters they wish to discuss with Council, which have not previously been submitted to the City Manager, will be heard at this time. George Mower of 501 Brooks stated he is troubled with the mathematics regarding the Alamo Waste rate increase for Type IV waste collection and disposal. He supposes the declaring of an emergency is so they don't have to hold a public hearing. Mr. Potempa indicated that is not so. / / .--'- I?f Mr. Mower then commented he read it was a 40 cents per cubic yard increase and if that's true, the increase called for in the ordinance is more than 40 cents. On 20 cubic yards that increase would be $8.00, but the figures in the ordinance show that same 20 cubic yards to be an increase of nearly $10.00. The same applies to the 30 cubic yard and 40 cubic yard figures listed in the ordinance. The increase is way over 40 cents per cubic yard. Mr. Greenwald told Mr. Mower the 40 cents is amount of the increased tipping rates which Beck Concrete is charging Alamo Waste, not the fee increase being requested by Alamo Waste. Mr. Sweatt explained the contractor is entitled to recover the "pass throuqh" rate increase of which 85% goes to the contractor and 15% has to do with the franchise fee and the collection fees. Mr. Mower observed then, that the 15% goes to the City and Mr. Sweatt acknOWledged that's correct. Mr. Mower commented the City is already gouqing the citizens and this is just one more example. Mr. Potempa advised Mr. Mower that Type IV waste is material used in construction and demolition. This increase will not raise his garbage bill at all. Mr. Mower's objection was that the City is taking extra money and would be better off just to pass throuqh the actual cost. Mr. Greenwald thanked Mr. Mower and told him his objection had been noted. #3 PUBLIC HEARING: To receive citizen input on a request from Veytia Partners, Ltd. to rezone 1.543 acres at Schertz Parkway and Mitchell Ave. from R-4 (Apartment/Multi-Family Dwelling Districtl to R-6 (Single-Family Dwelling District) . Mr. Greenwald asked if anyone was in attendance to represent this public hearinq, but no one responded. Mr. Sweatt then advised that 14 letters had been sent to abutting property owners and 4 had been returned, all in favor of the rezoning. Mr. Sweatt went on to say Planning and Zoninq recommends approval of this rezoning request. Along with the zoning change, Veytia is also requesting two variances. The first is a change in the typical lot size from the currently authorized 60' x 100' to a proposed 50' x 120'. The second is a change in the front yard setback from the authorized 25' down to 20', allowing a 26' alleyway for entrance in the rear, with 15' separation between all buildings. There will also be a l' non-access easement with only one curb cut on Schertz Parkway. Mr. Greenwald declared the public hearing closed at this time. '.: /~ #4 readinq Parkway ORDINANCE: Consider and take action on the first of an ordinance rezoning 1.543 acres at Schertz and Mitchell Ave. from R-4 to R-6. Mr. Greenwald introduced an ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AMENDING THE ZONING ORDINANCE NO. 87-8-1 BY REZONING 1.543 ACRES OF LAND OUT OF GUADALUPE COUNTY AND REFLECTING SUCH CHANGES ON CERTAIN ZONING MAPS IN ACCORDANCE WITH THE SCHERTZ ZONING ORDINANCE. After some discussion about there being no parking allowed on Schertz Parkway and wondering if the developer is aware of that, and discussion on whether or not it's appropriate to act on this when no one is present to represent the request, Mrs. Marsh moved to approve the first reading of an ordinance rezoning 1.543 acres at Schertz Parkway and Mitchell Ave. from R-4 to R-6. Mr. Potempa seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa and Marsh. NAYS: None. #5 PUBLIC HEARING: To receive citizen input on a request (by the City) to rezone the 500'depth along FM 1518, in the area from approximately 1000' south of Lower Seguin Road to 1000' north of I-I0, from GB (General Business) to R/A (Residential/Agriculturall. Jim Harris of FM 1518 and Schaefer Road brought up the that Planning and Zoning requested this chanqe because they've had the most inquiries about, as far as construction in the area, is residential property. Harris was in favor of the rezoning and wished they'd down as far as his corner. fact what new Mr. come Mr. Greenwald confirmed that Planning and Zoning has about four or five requests for SpecifiC Use Permits in area and they've all been for residential use, none business. had the for Mr. Sweatt reported that 25 letters were sent to abutting property owners and 5 were returned (3 in favor and 2 opposedl. Mr. Greenwald closed the publiC hearing at this time. ~ It/I #6 ORDINANCE: Consider and take action on the first reading of an ordinance rezoning the SOO'depth along FM 1518, in the area from approximately 1000' south of Lower Seguin Road to 1000' north of 1-10, from GB to RIA. Mr. Greenwald introduced an ordinance and caption as follows: read the AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AMENDING THE ZONING ORDINANCE NO. 87-5-1 BY REZONING THE 500' DEPTH ALONG FM 1518, IN THE AREA FROM APPROXIMATELY 1000' SOUTH OF LOWER SEGUIN ROAD TO 1000' NORTH OF I-I0, IN BEXAR COUNTY AND REFLECTING SUCH CHANGES ON CERTAIN ZONING MAPS IN ACCORDANCE WITH THE SCHERTZ ZONING ORDINANCE. Mr. Potempa moved to approve the first reading of an ordinance rezoning the SOO'depth along FM 1518, in the area from approximatelY 1000' south of Lower Seguin Road to 1000' north of 1-10, from GB to RIA. Mr. McDonald seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa and Marsh. NAYS: None. #7 SUB-LEASING APPROVAL: Consider and take action on a request to approve the sub-leasing of the Scout Hut. Mr. Greenwald related the Council had approved this type of agreement in the past and it proved to be very favorable for both the Adolph Schertz Scouting Association and the Church of the Harvest. Mr. Sweatt informed the Council the request for sub-lease provides for the Scout Hut to be used for the purpose of Sunday services by the Church of the Harvest for the period beginning April 10, 1995 through April 10, 1996. The sub-lease also provides for the Scouting Association to be paid $40.00 per month for this use. Mr. Potemoa moved to approve the sub-leasing of the Scout Hut to the Church of the Harvest. Mrs. Marsh seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa and Marsh. NAYS: None. #8 ORDINANCE: Consider and take action on an ordinance regarding a request from Alamo Waste for a rate increase for Type IV waste collection and disposal, and declarinq an emerqency. ~ /tJ~ Mr. Greenwald introduced an ordinance and read the caption as follows: ORDINANCE NO. 95-F-ll AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF SCHERTZ, CHAPTER 7 1/2, EXHIBIT 2, GARBAGE RATE SCHEDULE, BY REVISING PARAGRAPH "D" (ROLL OFF RATESI, AND DECLARING AN EMERGENCY. Mr. Potempa commented on the fact that Beck Concrete increased their tipping fees to Alamo Waste back on January 10th and it's taken until now to request this rate increase. Mr. Sweatt explained that Alamo Waste has been absorbing the increase until such time as they were able to submit a request and have it approved by the Council. Mrs. Marsh moved to approve an ordinance regardinQ a request from Alamo Waste for a rate increase for Type IV waste collection and disposal. Mr. McDonald seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa and Marsh. NAYS: None. #9 MORATORIUM: Consider and take moratorium for sign permits on FM 78. action on a Mr. Greenwald noted this recommendation comes from Planning and Zoning and he thinks it's a good idea. It would be appropriate to mention it at the public meeting about the widening of FM 78 next Monday, April 24th at 7:00 p.m. in the Samuel Clemens High School cafeteria. Lori Peters from the Herald Newspaper related they had received a press release from TXDoT listinq the time of the meeting as 6:30 p.m. Mr. Sweatt indicated he would check into it for verification of the time. Mr. McDonald questioned if the moratorium will apply only to the railroad side of FM 78 and Mr. Greenwald replied it will apply to both sides. Mr. Sweatt recommended describing the area specifically where the moratorium will apply and also mentioned it needs to remain in effect until the dimensions of the right-of-way for the FM 78 widening are established. It is estimated that will take a maximum of one year. Mrs. Marsh implied that if necessary, it can always be reconsidered at the end of a one year period. Mr. Greenwald identified the location of the area of the moratorium as either side of FM 78 from Cibolo Creek to Dietz Creek. Itj3 Mr. McDonald moved to approve a moratorium on sign permits for FM 78. Mr. Potempa seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa and Marsh. NAYS: None. #10 EXECUTIVE SESSION: a. Government attorney on Called under Chapter 551 of the Texas Code, Sub-Section 551.071 (Al, consultation with pending or contemplated litigation. b. Called under Chapter 551 of the Texas Government Code, Sub-Section 551.074 (11 personnel matters to deliberate the appointment, employment, evaluation, etc. of employee. An executive session was held from 7:32 p.m. until 8:08 p.m. #11 Consider and take action, if any, on the above executive session. No action was necessary. #12 CITY MANAGER'S REPORT: Mr. Sweatt had nothing to report. #13 ITEMS BY COUNCIL: Mr. McDonald: A. Reported that Dimrock/Maske Road is being used as a speedway. Some people have expressed concerns about the storm drains and wondered if the City could check to make sure all the lids are on. They are all on at Dimrock and Woodland Oaks Dr. B. Related that at the Homeowners Association meeting last night he was asked about lighting along FM 3009. Mr. Sweatt stated we have talked with TXDoT about it, and it appears at this stage that after construction on FM 3009 is completed, we need to go back and study and review the situation. At the present time it looks like it would be all the City's responsibility versus sharing any with others. C. Again mentioned his concern about the drainage problems along FM 3009. #14 ITEMS BY MAYOR: A. Mr. American Freightways needs to Mr. Sweatt said he had spoken would change it. Greenwald remarked that adjust one of their lights. with them and they said they B. and the Reminded Juvenile park. everyone this Saturday is the day that CVADAC Probation are planning a drug-free rally in ~ Iff C. Stated he City Secretary next packets. by a gentleman football . had given the BVYA financial report to the and Council should receive a copy in their At the BVYA meeting they had a presentation who is recommending they go into Pop Warner #15 ADJOURNMENT: On a seconded by Mrs. Marsh and meeting adjourned at 8:15 p.m. motion by Mr. Potempa and unanimously carried, the ATTEST: ~/~/UU~~4/~ ~ -. -' ---- ""7:-- - ~To~, City of Schertz, Texas -'~ ..f7?w-: 7!JJ.ru k ~ ~-f~ ~~, 7?;u. ~ /~, ~(hL/~~~ ~. /e- , ~~~~/A~/ City Secretary, City of Schertz / --