ccreg 04-18-1995
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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.
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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.
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#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.
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#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.
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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.
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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
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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:
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~To~, City of Schertz, Texas
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City Secretary, City of Schertz
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