ccreg 10-21-1997
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SCHERTZ CITY COUNCIL REGULAR SESSION
OCTOBER 21, 1997
The Schertz City Council convened in Regular Session on
Tuesday, October 21, 1997 at 7:00 p.m. in the Municipal
Complex Council Chambers, 1400 Schertz Parkway, Schertz,
Texas. The following members were present: Mayor Hal Baldwin
presiding; Councilmembers Charles McDonald; Norman Agee, Sri
Timothy Swinney and Ken Greenwald. Absent: Councilmember Joe
Potempa. Staff present were City Manager Kerry Sweatt and
City Secretary Norma Althouse.
Mayor Baldwin asked everyone to stand and join him in the
Pledge of Allegiance to the flag.
#1 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.
Joan Brown of 369 Meadow View spoke to Council about no home
grounding/defective flex hose at her mobile home. This is a
serious situation and she has talked with Steve Simonson about
it.
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This past April she was hit by lightning and those things in
her home that were hit were the smoke detector, the console
TV, the VCR, the clock timer on her electric stove and the
electric hot water heater. Whe she called for GVEC to come
out, they said everything was fine but suggested an in-house
inspection. After opening the panel on the electric box, GVEC
recommended she get a grounding wire. When she called Calhoun
Electric and they opened the electric box, both top and
bottom, they informed her she was not grounded at all.
She then contacted the manager of the Windy Meadow Mobile Park
and explained the situation and was told they would be wiling
to pay the bills for installation of a grounding wire. When
she first moved into Windy Meadow, she was told by the manager
at that time that they would take care of it. That was in
April of 1995. The grounding should have been done before she
moved in and the flex hose should have been put in by a
licensed professional, not the mobile home park maintenance
person.
Ms. Brown went on to say she holds the City of Schertz 50%
responsible and the mobile home park 50% responsible and until
someone from the City can prove the mobile home was inspected,
she will consider the City at fault. She told Council to
remember that the housing inspectors hold people's lives in
their hands. Every human life should be valued.
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Mayor Baldwin thanked Ms. Brown for her comments and Mr.
Sweatt made arrangements to meet with Ms. Brown and try to
resolve the situation.
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#2 TACO CABANA: Consider and take action regarding an
appeal from Taco Cabana on the height of their sign.
Mr. Sweatt reminded Council they have in their packets a copy
of a letter from Barshop & Oles, dated October 16, 1997,
requesting to appear in front of City Council to appeal action
taken by the Planning and Zoning Commission on the proposed
Taco Cabana sign plan.
Taco Cabana's sign plan is as follows:
1. Construction of a 65' sign on IH-35 with no more than 300
square feet of sign face on each side (could be a one, two, or
three-user sign);
2. Construction of an 18'7" sign on FM 3009 with no more than
90 square feet of sign face on each side (could contain up to
three users); and
3. Construction of up to three monument/berm signs on
Corridor Loop Road.
Mr. Sweatt went on to say the Commission also has in their
packets a memo from Steve Simonson and a memo from Ernie Evans
which both summarize the action by the Planning and Zoning
Commission on this request.
. Representatives from Taco Cabana spoke to Council at the
workshop last week and representatives from Taco Cabana and
Barshop & Oles are here this evening to explain their position
on this matter.
Wade McGinnis of Barshop & Oles informed Council he had
contracted to sell a little over an acre to Taco Cabana.
has gone before Planning and Zoning several times and
have tried to come up with a solution that makes sense.
wish to honor the City of Schertz's goal to control
while at the same time trying to honor Taco Cabana's
plan.
been
He
they
They
signs
sign
Mayor Baldwin asked what the plans are on the remaining
property behind Bill Miller and behind the loop. Mr.
McGinnis replied he's not sure what the highest and best use
of the remaining land will be. Mayor Baldwin commented if
it's a business, they will want the same signage. Mr.
McDonald added if the property is lower, they will want a 100'
sign.
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Mr. McDonald then asked how high the Texaco sign is and Mr.
SWeatt answered he thinks they were granted a variance for
60'. Mr. McDonald also questioned if the berm signs are an
additional waiver request. Mr. McGinnis explained that the
berm signs will give directions to vehicles, especially giving
identification to the middle lot, and they are not in lieu of
building signs.
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Mr. Swinney inquired what kind of annual sales Taco Cabana
expects at this location and was told between 1.3 and 1.5
million dollars. Mr. Swinney then asked what percent of
interstate travel will contribute to those sales and was
informed approximately 30%.
Mr. McDonald admitted to being taken aback by Taco Cabana
intimating if they didn't get their way, they won't build.
Mr. McGinnis assured him no threat was intended - they are
simply here to talk about alternatives. They will accept the
decision of City Council.
Mr. Greenwald wondered why they need the berm signs since
they will have signs on the building and the color of the
building is distinctive. Mr. McGinnis pointed out the berm
sign is more critical for the interior/middle lot. If it is
an issue, then they will ask for a berm sign on the middle lot
only. Mr. Greenwald agreed with that reasoning.
Mr. Greenwald then asked Council if any of them have a
problem with a 65' sign on IH-35. Mr. Swinney mentioned he
thought often about this situation this past weekend and drove
by the area in question and saw a lot of height and prominent
signs. He feels signs are a necessity on the interstate. He
objects to more signage on FM 3009, Schertz Parkway and FM 78,
but not on IH-35. The benefits outweight the extra 15'.
. Mr. Greenwald once again suggested pushing the State to put
up those generic gas, food and lodging signs. Mayor Baldwin
noted they have all traveled on the interstate looking for
those signs and when they see them, it causes them to pull
off. Signs are very important. Signage affects sales for
Taco Cabana and the sales tax for the City of Schertz.
Mr. Greenwald moved (a) to approve the height of 65' for the
Taco Cabana sign on the IH-35 access road with no more than
300 square feet of sign face on each side; (b) to approve an
18.7 sign on FM 3009 with no more than 90 square feet of sign
face on each side; and (c) to approve only one (1) berm sign,
instead of three (3) and that sign being for the middle lot on
the Corridor Loop Road. Mr. McDonald seconded the motion,
which carried with the following votes:
AYES: Councilmembers McDonald, Swinney and Greenwald.
NAYS: Councilmember Agee
#3 LIBRARY GRANT: Consider and
following:
take
action on the
A.
Authorizing
approving
application.
application
Resolution
for library grant
supporting such
and
grant
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B. Approving Resolution supporting SCUC lSD's
application for grant for classroom Internet access.
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Mayor Baldwin introduced a Resolution and read the caption as
follow:
RESOLUTION NO. 97-R-17
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
AUTHORIZING APPLICATION FOR A GRANT FOR
INCREASING PUBLIC ACCESS TO THE INTERNET
SCHERTZ PUBLIC LIBRARY.
TEXAS,
FUNDING
AT THE
Mr. Swinney moved to authorize application for a library
grant for funding increasing public access to the internet at
the Schertz Public Library and to approve a Resolution
supporting such grant application. Mr. Greenwald seconded
the motion, which carried with the following votes:
AYES: Councilmembers McDonald, Agee, Swinney and Greenwald.
NAYS: None.
JL.
Mayor Baldwin introduced a Resolution and read the caption as
follows:
RESOLUTION NO. 97-R-18
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS,
SUPPORTING THE SCHERTZ-CIBOLO-UNIVERSAL CITY lSD'S
EFFORTS TO PROVIDE INTERNET ACCESS TO THE CLASSROOM.
Mr. Swinney moved to approve the Resolution supporting the
SCUC lSD's application for a grant for classroom Internet
access. Mr. Agee seconded the motion, which carried with the
following votes:
AYES: Councilmemberws McDonald, Agee, Swinney and Greenwald.
NAYS: None.
#4 APPOINTMENT: Consider and take action appointing
Joyce Briscoe to the Planning and Zoning Commission.
Mr. Greenwald moved to appoint Joyce Briscoe to the Planning
and Zoning Commission. Mr. Swinney seconded the motion,
which carried with the following votes:
AYES: Councilmembers McDonald, Agee, Swinney and Greenwald.
NAYS: None.
Mr. Sweatt pointed out that Ms. Briscoe will serve the
remainder of Merwin Willman's term which expires in October of
1998.
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#5
action
acres.
PROPOSED ANNEXATION RESOLUTION:
approving Resolution regarding
Consider and take
annexation of 88.22
Mayor Baldwin introduced a Resolution and read the caption as
follows:
RESOLUTION NO. 97-R-20
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS,
SETTING A TIME, DATE AND PLACE FOR PUBLIC HEARINGS
PURSUANT TO THE PROPOSED ANNEXATION OF APPROXIMATELY
82.22 ACRES OF LAND OUT OF CONAL COUNTY.
Mr. Sweatt pointed out the location on the may saying this is
the Alamo/USA Waste tract. It excludes a small tract in the
City of Garden Ridge ETJ. There was an error in the field
notes included in the packet and the corrected ones have been
distributed with the handout received by Council.
Mr. Greenwald inquired if Henry Gutierrez is asking for this
annexation and Mr. Sweatt replied he agreed to it.
Mr. McDonald moved to approve the Resolution regarding
annexation of 88.22 acres out of Comal County. Mr. Agee
seconded the motion, which carried with the following votes:
. AYES: Councilmembers McDonald, Agee, Swinney and Greenwald.
NAYS: None.
#6 CITY MANAGER'S REPORT: A. Advised they plan to
solicit architectural proposals for the Police, Fire and EMS
buildings. It is a two-step process. First the bids are
reviwed and then the architectural firm is selected. A number
of firms have expressed interest and because of the time
frame, they are expecting reports for a final award in late
November or early December. Mr. McDonald inquired if they
are doing all three at once and Mr. Sweatt replied yes - that
seemed to be most advantageous to the City.
B. Announced an open house at Wilder School on October
at 2:00 p.m. Everyone is invited. Remember that is
weekend the time changes.
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the
#7 ITEMS BY COUNCIL: Mr. McDonald: A. Reported attending
the AACOG Environmental Review Committee meeting and said they
had a briefing on the Trans-Tex water plan. He gave a copy of
it to Mr. Sweatt and to Mr. Greenwald. They mentioned they
will not permit any program not in the Master Plan.
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B. Related he had gone by the large pavilion Friday night to
observe the skate boarders. It wasn't that bad and there was
even a mother there watching the activity.
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