ccreg 05-16-1995
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REGULAR MEETING OF THE CITY COUNCIL
MAY 16, 1995
The Schertz City Council convened in Regular Session on
Tuesday, May 16, 1995 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, presidingi Charles McDonaldi Joe Potempai
Dereda Burkett: 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.
Mayor Baldwin then presented a Proclamation to John
Bierschwale, Public Works Director, declaring the week of
May 21st through May 27th as "National Public Works Week."
Following the presentation of the proclamation, Mr. Sweatt
announced that John Bierschwale had won the 1994
Distinguished Service Award from the Texas Municipal
Utility Association. Mr. Sweatt expressed his pride and
that of the City and the community for Mr. Bierschwale
having received the award.
#1 SWEARING-IN CEREMONIES
City Secretary, Norma Althouse, swore in three
Councilmembers elected to office in the General City
Election of May 6, 1995. They were Dereda Burkett, Place
3, Timothy Swinney, Place 4, and Ken Greenwald, Place 5.
After the swearing-in, the three Councilmembers were
congratulated on their victories and welcomed to the
Council .
#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 formally welcomed the new
Councilmembers and said he is looking forward to watching
them work. At this time the new members introduced their
families.
#3 PUBLIC HEARING: To receive citizen input on a
request by the City to rezone 14.57 acres on E. Live Oak
Rd. (Cottage Lifestyles) from R-4 (Apartment/Multi-Family
Dwelling District) to R-2 (Single-Family Dwelling
District) .
Mr. Sweatt reminded the Council when this matter was
originally applied for and public hearings were held, one
of the recommendations of the Planning and Zoning
Commission was that at the conclusion of six months, if no
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action had been started, that
the intention of reverting
original zoning.
hearings be held again with
the property back to its
Hutchins, Inc. was the company that was going to develop
the property into a senior citizen complex. They were sent
a notice after six months informing them of the
Commission's intent to revert the zoning back to its
original classification. There was no reply.
Planning
notices
replies
citizens
approval
and Zoning held
being sent to
were received
attended the
of such action.
its public hearing on May 9th
9 adjacent property owners.
approving the rezoning.
publiC hearing and voiced
with
Two
Four
their
Since no one was present at this publiC hearing who wished
to speak on the matter, Mayor Baldwin declared the publiC
hearinq closed.
#4 ORDINANCE: Consider and take action on the first
reading of an ordinance rezoning 14.57 acres on E. Live
Oak Rd. from R-4 (Apartment/Multi-FamilY Dwelling
District) to R-2 (Single-FamilY Dwelling District).
Mayor Baldwin 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-S-1
BY REZONING 14.57 ACRES OF LAND OUT OF GUADALUPE
COUNTY AND REFLECTING SUCH CHANGES ON CERTAIN
ZONING MAPS IN ACCORDANCE WITH THE SCHERTZ ZONING
ORDINANCE.
Mr. McDonald moved to approve the first reading of an
ordinance rezoning 14.57 acres on E. Live Oak Rd. from
R-4 (Apartment/Multi-Family Dwelling District) to R-2
(Single-Family Dwelling District). Mr. Greenwald seconded
the motion, which carried with the following votes:
AYES: Councilmembers McDonald, Potempa, Burkett, Swinney
and Greenwald.
NAYS: None.
#5 ORDINANCE: Consider and take action on the final
reading of an ordinance rezoning apprOXimatelY 37.886 acres
(extension of Windy Meadow) from R-2 (Single-Family
Dwelling District) to MH (Mobile Home District).
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Mayor Baldwin introduced an ordinance and read the caption
as follows:
ORDINANCE 95-S-14
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, AMENDING THE ZONING ORDINANCE NO. 87-5-1
BY REZONING 37.886 ACRES OF LAND OUT OF GUADALUPE
COUNTY AND REFLECTING SUCH CHANGES ON CERTAIN
ZONING MAPS IN ACCORDANCE WITH THE SCHERTZ ZONING
ORDINANCE.
Mr. Sweatt commented this item comes to Council for
consideration of the second and final reading. Public
hearings were held by both the Planning and Zoning
Commission and City Council. Included in the Commission's
recommendation for approval was the stipulation that screen
fencing be constructed along Maske Road.
Mr. Sweatt further stated numerous questions were raised
regarding extensions of streets and drainage issues. These
all are subject to the final platting process.
Mr. Potempa moved to approve the final reading of an
ordinance rezoning approximately 37.886 acres (extension of
Windy Meadow) from R-2 (Single-FamilY Dwelling District) to
MH (Mobile Home District). Mr. Greenwald seconded the
motion, which carried with the following votes:
AYES: Councilmembers McDonald,
Greenwald.
Potempa, Burkett and
NAYS: None.
ABSTENTIONS: Councilmember Swinney.
#6 ORDINANCE: Consider and take action on the final
reading of an ordinance rezoning 1.543 acres at Schertz
Parkway and Mitchell Ave. from R-4 (Apartment/Multi-Family
Dwellinq District) to R-6 (Single-Family Dwellinq
Distr ict) .
Mayor Baldwin introduced an ordinance and read the caption
as follows:
ORDINANCE NO. 95-S-13
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, AMENDING THE ZONING ORDINANCE NO. 87-S-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.
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Mr. Sweatt reminded Council this item was tabled from an
earlier meeting because there was no one present to answer
their questions. There is, however, someone present this
evening.
Joe Veytia of Veytia Partners, Ltd. introduced himself as
the developer of the property and explained they are
dividing it into eight lots and are under contract to sell
the lots to Ron Wood, a builder here in Schertz. The
requirement under the City Code was to have a 20' wide rear
alley and they are making it 26' wide so in addition to the
garage parking and the alley parking, there would be width
for visitor parking.
Mr. Veytia further stated they agreed to have a l'
non-access easement. Ron Wood is aware he is to advise all
buyers of the lots there is no parking permitted along
Schertz Parkway. Mayor Baldwin indicated that was his big
concern and whether or not the developer was aware of that
restriction. Mr. Veytia assured the Mayor they are aware.
Mr. McDonald wondered if the drainage area behind could be
box covered to make additional parking. Mr. Veytia
answered it probably could, but it is not their property.
Mr. Sweatt mentioned that also in their request was a
variance reducing the front yard setback from 25' down to
20'. Mr. Veytia acknowledged that was requested to give
Ron Wood more flexibility since the garages are in the
rear. Most of the homes will probablY be set back 25'
anyway. That was a trade-off for the l' non-access
easement and the 26' alleyway in the rear.
Mr. McDonald observed then that with the garages, you
could park four cars at each house and Mr. Veytia answered
that's correct.
Mayor Baldwin remarked that another concern of his the 5'
variance of the front yard setback. Schertz Parkway will
eventually be a high traffic area and there will be noise.
If Ron Wood could live with the 25' depth, he would like to
ask Council to consider not granting that 5'variance.
Mr. Greenwald pointed out that even if the variance is
granted, the houses are not qoinq to be just 25' back.
There will be a 4' sidewalk plus the easement. The closest
the houses could be is 35' even with the variance.
Mr. Veytia mentioned the Gardens Subdivision and said
would venture to guess they are back no farther than
Ron Wood will probably use materials that are
effective than footage for noise control.
he
35' .
more
Mr. Greenwald also noted the houses will be staqgered
versus having a cookie cutter alignment.
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Mr. McDonald moved to approve the final reading of an
ordinance rezoning 1.543 acres at Schertz Parkway and
Mitchell Ave. from R-4 (Apartment/Multi-Fmaily Dwelling
District) to R-6 (Single-Family Dwelling District) with the
understandinq the builder try to adhere as much as possible
to the 25' setback. Mr. Potempa seconded the motion,
which carried with the following votes:
AYES: Councilmembers McDonald,
Greenwald.
Potempa, Swinney and
NAYS: Councilmember Burkett.
(Mayor Baldwin clarified the fact that the 5' variance to
the front yard setback was being approved in the motion.)
#7 SCHERTZ BUSINESS ASSOCIATION: Consider and take
action on the followinq in regard to the Schertz Annual 4th
of July Jubilee:
A. Curfew exception for park usaae and possession of
alcohol in the park.
Mr.
park
would
time
some
felt
Sweatt advised the current curfew restriction in the
is 11:00 p.m. and the Schertz Business Association
like to have an exception to that making the curfew
midnight from June 30th through July 4th. There were
questions raised about the youth curfew, but it is
that is best dealt with through the parents.
Mr. Potempa moved to approve a curfew exception from
p.m. to midnight from June 30, 1995 through July 4,
for park usaqe and possession of alcohol in the park.
Greenwald seconded the motion, which carried with
following votes:
11:00
1995
Mr.
the
AYES: Councilmembers McDonald, Potempa, Burkett, Swinney
and Greenwald.
NAYS: None.
B. Resolution reoardina the restriction of alcoholic
beveraoes in certain areas of the oark.
Mayor Baldwin introduced a resolution which he read as
follows:
RESOLUTION NO. 95-R-5
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, DESIGNATING A PARTICULAR AREA AND
PARTICULAR DATES FOR WHICH ALCOHOLIC BEVERAGES
MAY NOT BE BROUGHT INTO OR REMOVED FROM PICKRELL
PARK.
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WHEREAS, it is the desire of the City
comply with Section 12 1/2-3 of the Code of
City of Schertz, Texasj and
Council to
Ordinances,
WHEREAS, said Section 12 1/2-3 provides that
alcoholic beverages may not be brought into or removed from
a City park or recreation area during particular events
designated from time to time by the City Council; and
WHEREAS, said Section 12 1/2-3 prOVides that the
Council shall designate the particular park
recreational area and designate particular dates to
the provisions of this section apply; NOW THEREFORE,
City
and
which
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS:
THAT, in
the Schertz
"Exhibit An
1/2-3 of the
the best interest of the citizens attending
1995 4th of July Jubilee, the area shown in
be designated in compliance with Section 12
Code.
THAT, the dates for these restrictions and to which
these restrictions apply are July 3 and 4, 1995.
THAT, said restrictions, areas and dates shall apply
only to beer and wine and are therefore not applicable to
other alcoholic beverages.
Mr. Sweatt remarked that the designated area is larger
this year primarily to accommodate the carnival and the
parking. A diagram attached to the resolution shows the
area to be basically from the drainage ditch to Oak Street
in one direction and from the swimming pool to the road
beside the large pavilion in the other direction.
Mr. Potempa moved to approve the resolution regarding the
restriction of alcoholic beverages in certain areas of the
park. Mr. Greenwald seconded the motion.
Before the vote, Mr. McDonald asked what the City's
liability is if a person qets smashed and hits someone.
Mr. Sweatt answered the first line of defense and
responsibility is that of the vendor. The activities are
being conducted in a public place, so there are specifiC
requirements for insurance and hOlding the City harmless
and indemnifying them from specific causes of actions. The
City feels it is covered as best as possibly can be.
Mr. Swinney asked if alcohol has caused any enhanced law
enforcement problems in the past. Anita Clark replied they
have had no problems and as a matter of fact, people are
not permitted to bring their own alcoholic and/or other
beverages into most other events and festivals.
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Mr. Greenwald noted that in years past, the VFW
hanging it's alcohol license out for everyone in
whether they controlled it or not. At least this way
is some degree of control. Mr. Sweatt acknowledged
was part of the motivation for this resolution.
was
town
there
that
The vote was then taken and the motion carried as follows:
AYES: Councilmembers McDonald, Potempa, Burkett, Swinney
and Greenwald.
NAYS: None.
C. Contract approval.
Mr. Sweatt reminded Council that in their packet is a copy
of the proposed contract between the Schertz Business
Association and the City of Schertz which describes areas
of responsibility between the two parties for the conduct
and operation of the 4th of July Jubilee. The contract is
similar to that of previous years with changes in Section
XIII regarding the City agreement to pay up to $1750 toward
the cost of the fireworks. In Sections II and III the
dates have been changed to coincide with the dates for this
year's activities.
Mr. Potempa moved to approve the contract between the
Schertz Business Association and the City of Schertz for
the 1995 4th of July Jubilee. Mr. Greenwald seconded the
motion, which carried with the following votes:
AYES: Councilmembers McDonald, Potempa, Burkett, Swinney
and Greenwald.
NAYS: None.
#8 MAYOR PRO-TEM: Consider and take action on appoint-
ment of a Mayor Pro-Tem.
Mayor Baldwin related that in June of 1990, City Council
established a policy of selecting the Mayor Pro-Tern by
Place. The person would serve a six- month term and then
the position of Mayor Pro-Tern would be rotated to the next
Place. We have reached Place 4 and since it is a new
person, we're leaving it to the pleasure of City Council to
determine if they wish to continue the polley of rotation.
The Council found no problem with continuing the policy.
Mr. Greenwald moved to approve Councilmember Tim Swinney,
Place 4, as Mayor Pro-Tern for the next six months. Mr.
Potempa seconded the motion, which carried with the
following votes:
AYES: Councilmembers McDonald,
Greenwald.
Potempa, Burkett and
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NAYS: None.
ABSTENTIONS: Councilmember Swinney.
#9 CITY MANAGER'S REPORT: Welcomed the new members
to the Council and pledged everyone's support to them.
#10 ITEMS BY COUNCIL: Mrs. Burkett indicated she was
glad to be a member of the City Council.
Mr. Swinney noted that for the past two weeks he has tried
to acquaint himself with a lot of the City functions and he
is looking forward to keeping progress qoing.
Mr.
they
City.
Greenwald: A. Welcomed the new members and told them
will find Schertz is a dynamic and forward-looking
B. Announced he attended a BVYA meeting last Thursday and
the minutes will be in next week's packages. They are
looking at the possibility of starting a Pop Warner type of
football for small children. Also, he should be getting a
list of the softball tournament schedule.
#11 ITEMS BY MAYOR: A. Congratulated the two new
Councilmembers, Dereda Burkett and Tim Swinney, and
congratulated Ken Greenwald on his reelection.
B. Mentioned he is sure everyone has read the articles in
the newspaper about the Northeast Partnership and the City
of Schertz's partiCipation in that. We probably need to
have a workshop session on that subject and fill the
Council in on what's going on.
Before adjournment, Mr.
because of the calendar,
until May 31st.
Sweatt reminded the Council that
there will not be another meeting
#12 ADJOURNMENT: On a
seconded by Mr. Swinney
meeting adjourned at 7:40
and
the
(
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Mayor,
Schertz, Texas
ATTEST:
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City Secretary, City of Schertz