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ccreg 05-16-1995 ----- ,;2/5 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 ~ .::zIt, 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). --' c2/ l' 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. ,;:</i" 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. ~ c2/1 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. ~~o 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. ,~ 2~( 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 ---="- ,; A~:;L 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 ( -..., Mayor, Schertz, Texas ATTEST: ~ 1l/-r~,..4~ City Secretary, City of Schertz