ccswks 12-14-1994
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SPECIAL MEETING OF THE CITY COUNCIL
DECEMBER 14. 1994
The Schl~rtz City Council convened in Special Workshop
Session Wednesday. December 14. 1994 at 7:00 p.m. in the
Conference Room of the Municipal Complex. 1400 Schertz
Parkway. Schertz, Texas. The following members were
present: Mayor Hal Baldwin. presiding; Charles McDonald;
Joe Potempa; Barbara Stanhope; Mary Marsh and Ken
Greenwalc.. Staff present were City Manager Kerry Sweatt,
and Deputy City Secretary Norma Althouse.
Assistant City Manager, Steve Simonson, introduced Bob
Andrews, Chairman of the Judging Committee for the Christmas
Lighting Contest, who presented the winners with their
plaques. The winners in the various categories were as
follows: .
RESIDENCES
BEST CREATIVITY
1 S,T PLACE
HONORABLE MENTION
509 MITCHELL
1017 CURTISS
BRUMMETT FAMILY
BILL CLARK
BEST IN L~NE WITH CITY THEME
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1ST 'PLACE
HONORABLE MENTION
BEST LIGH":ING
1008 CURTISS
14 5 VALLEY OAK
MIKE WARFORD
RUTH RIVETTE
1ST PLACE
HONORABLE MENTION
2901 GREENSHIRE
120 WILL ROGERS
400 AND 402 PFEIL
CHESTER BOENIG
STEPHEN SALES
BILL & WANDA
BALDWIN
JEFF & RHONDA
GAINEY
BEST DUAL
BUSINESSEf
BEST LIGH'ING
1ST PLACE
HONORABLE MENTION
800 FM 3009
1050 FM 78
BOSWELL-NIEMIETZ
RIEDEL'S
FURNITURE
BEST IN LINE WITH
CITY THE~
417 MAIN ST.
428 PARK OFFICE
POST OFFICE
PECAN GROVE
MOBILE HOME PARK
BEST IN CREATIVITY
Mr. Simonson mentioned that the panel of judges was
comprised of Bob Andrews, Joyce Andrews, Pia Jarman and Ann
Almond ani he thanked them all for their efforts in making
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the contest a success.
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Ii HEARING OF RESIDENTS: Mr. George Mower: A. Asked
if there is anything to be presented from a previous agenda
because he was told the last time it was alright to bring
something up if it was on a previous agenda.
B. Protested the outrageous price of unlit signs that
figured out to be $4560.33 each.
C. Mentioned what he feels is a conflict of interest on the
part of Mayor Baldwin as far as attending meetings for the
school district. Mr. Mower thinks the mayor should arrange
for someone else to attend the school district meetings so
he can devote his full attention to being mayo~
Reverend Don Jeffreys from the First Baptist Church
expressed his concerns about the issue of casino gambling
due to come before the Texas legislature. He distributed
brochures with statistical and factual information to the
Council. Mr. Jeffreys requested that the City government
go on record as opposing the upcoming gambling issue.
Besides moral and ethical considerations, it's bad business
and would be bad for Schertz. Other businesses would I
suffer. Mr. Jeffreys was sure other churches in the area
would support opposition to the gambling issue.
Charlotte Pierde also spoke on the gambling issue, backing
up the opinion of Reverend Don Jeffreys. Ms. Pierce
referred to several articles in various publications which
point out the downside of gambling. Among those mentioned
were "Manipulation of Self-Destructive Behavior", "How Does
Gambling Create Heavy Tax Burdens?", "Does Gambling Bring
Reduced Taxes?" and "The Cost Far Exceeds the Economic
Benefits." Ms. Pierce offered to make copies for anyone who
was interested in these articles. Ms. Pierce went on to
say she had spoken with several businesses in the City and
they were not aware of the gambling issue and the impact it
would have on them. Also, the Vice-President of HEB, one of
the new businesses locating in our City, is pushing for the
gambling issue to pass. It will take more than the churches
to fight it. It will take everyone. That's why they sent a
petition to the City and are asking them to consider it.
Mayor Baldwin
consideration.
he's not sure
decision.
indicated the City will take it under
It's a matter of individual conscience and
what part government should play in that
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#1 HEARING OF RESIDENTS: Mr. George
if there is anything to be presented from a previ
because he was told the last time it was alrig
somethi~g up if it was on a previous agenda.
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the contest a success.
B. Pr01.ested the outrageous price of
figured out to be $4560.33 each.
that
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C. Men1,ioned what he feels is a
part 01 Mayor Baldwin as far as attendi
school iistrict. Mr. Mower thinks the
for so eone else to attend the school a
he can evote his full attention to b i
st on the
s for the
uld arrange
meetings so
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Reverentl Don Jeffreys from Baptist Church
express,~d his concerns about casino gambling
due to come before the Texas 1 lature. He distributed
brochur~s with statistiC&an ctual information to the
Council, Mr. Jeffreys r e t that the City government
go on record as opp si~g upcoming gambling issue.
Besides moral and ethic ,c . aerations , it's bad business
and WOJld be bad fa z. Other businesses would
suffer. Mr. Jeffreys e other churches in the area
would s~pport opposition gambling issue.
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Charlotte Pierce also s ke n the gambling issue, backing
up the opinion of erend Don Jeffreys. Ms. Pierce
referred to several icles in various publications which
point out the dow i of gambling. Among those mentioned
were "Manipulati f Self-Destructive Behavior", "How Does
Gambli~g Create vy Tax Burdens?", "Does Gambling Bring
Reduced! Taxes nd "The Cost Far Exceeds the Economic
Benefits." Ms. erce offered to make copies for anyone who
was irterest d in these articles. Ms. Pierce went on to
say ste ha s ken with several businesses in the City and
they ~ere ot aware of the gambling issue and the impact it
would t.av on them. Also, the Vice-President of HEB, one of
the nEW usinesses locating in our City, is pushing for the
gamblill issue to pass. It will take more than the churches
to fig t it. It will take everyone. That's why they sent a
peti on to the City and are asking them to consider it.
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indicated the City will
It's a matter of individual
what part government should
take it under
conscience and
play in that
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#2 Discuss final consideration of an ordinance
deSignating a certain area of the City as a State designated
Enterprise Zone.
Mr. Sweatt reminded the Council they had a map in their
previous packet showing the area of the proposed enterprise
zone. The creation and establishment of an enterprise zone
allows the City to use this as part of our industrial and
economic development recruiting. The primary benefit is
that it offers those businesses that locate within the zone
an opportunity to recover a portion of their State sales
tax, that which is attributable to their bUilding cost, for
new employees they hire. There are benefits also to
existing businesses who wish to expand and Mark Marquez is
here to answer any questions. The first reading was
approved at the last meeting and the final reading is
scheduled for the next meeting.
Mr. Greenwald inquired about the expansion of existing
businesses and wondered if it applies to those located in
other areas of the City. Mr. Marquez answered it is for
business already located in the zone. Mr. Sweatt added for
those already in the zone who wish to expand there is a one
time benefit. Mr. Sweatt also noted that he feels any I
existing business that wishes to relocate in the zone would
probablY be treated as a new business.
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Mr. Marquez explained part of the criteria. One method of
determining if it's a qualifYing business is whether they
are creating new jobs or .retaining jobs. Sometimes it's a
little tricky qualifYing jobs that are retained.
This will be placed as an action item on the next agenda.
#3 Discuss awarding bid on EMS unit,
Mr. Sweatt reminded the Commission they had plugged into
the budget this year the purchase of a new EMS unit. We
received bids on November 15th and have held this item for
some time pending evaluation. We received four bids and
after a detailed evaluation of those submitted, have decided
to recommend the award to the second lowest bidder which is
National Ambulance Builders for a 1995 Chevrolet diesel
engine for $61,594.50. The low bidder deviated
substantially from the specifications that deal with the
design of the box itself and the warranty.
This will be placed as an action item on the next agenda.
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14 Discuss poliCY regarding public availability of
agenda packets.
Mr. Sweatt
agenda after
commented he had asked this be placed on
a discussion last week regarding charges
the
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agenda packets and charges for agenda listings and charges
for co~ ,ies of the agenda. He asked Mike Spai n to speak on
this qu~stion as far as requirements of the Open Records Act
in regcrd to charges for copies and then to any policy the
Council may want to enact.
Mr. S~ain advised the City has the authority to charge for
copies. If very large amounts of copies are being made,
then tt.ere' s a means of recovering other related costs
rather than just the copies. For documents of less than 50
pages, you can certainly charge for copies. There was an
effort in the last session of the legislature for
governmEnts to charge an overhead fee for' records that take
longer than fifteen minutes to assemble, but it was not
enacted. There is the ability to charge for overhead and
other lelated costs for large copying jobs such as maps,
etc. ~Ust because the City provides free copies of agendas
at meetings doesn't mean they can't charge for agendas at
other t~,mes.
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Mr. S~eatt remarked the problem is not an occasional
request by an individual for a copy of the agenda, but if
each c:.tizen in the community were to request a copy, that
clearly is an expense.
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Mrs. 4tanhope pointed out that our agenda items are never
that ICing, so if someone doesn't want to pay fifteen cents
per COP1', they can always write them down.
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Mr. PCltempa observed then that the City
give the agendas free of charge to anyone
meetingli, but if they come to the counter
we wi L charge them fifteen cents. Mrs.
that's the way it was set up.
will continue to
who comes to the
and request one,
Marsh admitted
Mayor Baldwin indicated he certainly has no problem
providillg free copies of the agenda at the counter -
won't hreak the City, but if someone wants the
package then there ought to be a nominal fee.
with
that
entire
Mr. Ml:Donald asked
normall~r make and Mr.
to the meeting. Mr.
copies out front the
seeing how many are
consumecl, then we need
how many copies of the agenda we
Sweatt replied 15 to 20 copies prior
McDonald suggested putting 15 to 20
same time we put out the packet and
consumed. If more than that are
to consider a charge.
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Mr. G:~eenwald recommended doing this for four' weeks
keeping track of how many are picked up, then come back
check the results. Everyone agreed.
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IS Discuss questions regarding property condition on
1-35 North.
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Mr. Sweatt reviewed the fact the Councilmembers had each
received a copy of a letter that spoke to questions
regarding property conditions and appearances along 1-35 in
the area o~ Sbo~e Creek_R.V. Park. The real estate agent
indicated he h~d spoken with the owner of the R.V. Park and
had possibly lost sales because the neighboring property did
not appear to be maintai~ed well. There supposedly were
some promises. made by ~he City about cleaning up the area
when Stone Creek was being developed. Mr. Sweatt said he
had gone back aRd checked the records and the property in
questlon, The ;.,Bishop Center, had been inexistence long
before it was .:annexed by the City.
Mr. Sweatt went on to say the development of Stone Creek
R.V. Park was first proposed back in 1987. Ultimately the
area was annexed by the City after the R.V. Park. had
already been developed, and at that time the City began to
exert some code enforcement activities. We have had a
degree of success in achieving compliance, but there are
still areas which require attention. If you recall, there
was a development in the rear of the area for antique car I
sales. The gentleman had come before City Council
requesting a Specific Use Permit which was granted only
after he constructed a 10' screening fence. The code
enforcement people have been pretty active in that area (it
is grandfatheredl. but we will have them take another look
at it in case there's more we can do. Mr. Sweatt admitted
he is not aware of any real estate sales lost. As a matter
of fact, he feels a lot of results have been accomplished in
the area.
Mrs. Marsh wanted to talk about the east side of IH-35 and
commented they are trashy, trashy areas. They look like a
junk yard and she can't believe there isn't something the
City can do about it. Whether on the east side or on the
west side. an appearance like that is going to hurt
business. Who wants to move into an area next to a junk
yard and a big pile of trash? Mrs. Marsh stressed she
thinks it's deplorable especially when the City has been
looking for beautification projects to enhance all the major
entrances.
Mr. Sweatt noted that just last week they had accomplished
the cleaning up of the area near La Pasadita to which Mr.
Potempa pointed out the owner of that property was just
buried three days ago. Mrs. Marsh reiterated she just I
can't see how the City can permit that situation to exist.
It is so terrible. When an individual is traveling up and
down IH-35, and they are going to the restaurant and will be
going to other restaurants, they pass this trash. Mrs.
Marsh said she doesn't believe the City can't do anything
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Mayor Bl.ldwin stated the ordinances just aren't there. Mrs.
Marsh inentioned we have a nuisance ordi nance and ordi nances
for lo:s of other things. Surely, there's something which
applies to this situation.
Mayor ~aldwin remarked that a long time ago they talked
about passing a housing code which would require people to
maintai~ their residences and rental properties in a certain
condi ti.,n. It's been a number of years ago, and Mayor
Baldwin indicated the Council felt that was a little too
dictatorial.
Mr. S~eatt, saying he was not looking for an excuse,
comment~d the City tries to promote and encourage compliance
rather :han issue citations for non-compliance. Mr. Sweatt
comment,~d if they fail, they often times err on the side of
the p~)perty owner if he promises compliance. They prefer
not to 'lse heavy-handed tactics.
Mrs. Marsh pointed out this has been going on for six
years. How long is the City going to wait? Mr. McDonald
related Bishop Center was there when he moved to New
Braunfels in 1968. Mrs. Marsh admitted she doesn't care
how l01g it's been there because it's a trash heap
discour,l.ging businesses from coming in and making the
entranc~ to the City ugly. Mr. McDonald offered the
opinion they may just be trying to drive up the price of the
land.
Mr. P)tempa advised the junk yard across the street from
Mobile Villa is no longer in operation. The owner of the
propertr on the other side of the street just passed away.
Mr. p,)tempa indicated there is a "For Sale" sign on the
propertr and he's sure the son has good intentions If he
recalls correctly, it is commercial property. Mr. Sweatt
remarkei one of the properties did get cleaned up.
Mayor ~aldwin asked about the fences that are partly blown
down. Is there any way to get them repaired? Mr.
McDonali, saying the City had talked with them four or five
times ~ithout result, suggested issuing citations. If,
however, they are not in violation of any code, there may be
nothing we can do.
Mrs. ."'arsh commented that the gentleman has written a nice
letter of concern about the IH-35 area, specificallY Bishop
Center, and feels the City owes him, and all the people who
are suffering because of this, an answer about what we can
do and what we intend to do. Mr. Sweatt informed Mrs.
Marsh :he inspectors are addressing the situation to see
what el;e can be done to clean up the area.
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Mr. Potempa mentioned that the antique car sales lot, next
to the R.V. Park, is also looking bad. Mayor Baldwin
recalled that the gentleman from there had been in and
promised the Council he would keep the lot in good
condition. Mr. Greenwald added he had promised no more
than three or four vehicles out there at one t~me. There's
fifteen to twenty out there now. Mr. Sweatt brought up the
fact that the area where he talked about the storage is back
behind the screening fence. Mr. Greenwald stressed they
are not referring to the storage area, but rather out where
he has the lot with cars for sale. If you go back and read
the minutes you will see where he concurred he would only
keep three or four vehicles there at a time. If ne~ssary,
he would rotate them until he got them sold. Mr. Potempa
noted it also looks like he has used car parts stored. there.
It looks like a junk yard.'-
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Mr. Sweatt mentioned that the antique car sales and Bishop
Center are not the same. The Council agreed, but said if
you drive by there, you can't tell them apart. Mayor
Baldwin commented he was sure the City could pass ordinances
that would give them control over that, but you can
over-ordinance. Mrs. Marsh related she wasn't talking
about passing a new ordinance, surely there's one in
existence that covers this situation. That's a nuisance and
we ha~e a nuisance ordinance. Mayor Baldwin commented you
have to have a specific, definitive description of what he's
doing that basically meets the requirements of nuisance as
described by our ordinance. Mayor Baldwin then wondered
about the abandoned vehicle ordinance and if it would cover
some of this.
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Mr. Sweatt explained he would be happy to investigate it
and send a response to the gentleman who wrote the letter.
#6 Discuss awarding depoSitory bid.
Mr. Sweatt advised the Council they have received only one
proposal. There are several significant areas of concern
and as a result, he would like for them to consider
continuing this item on the table and not expect to have a
final report before at least next Tuesday, and perhaps not
by then. Several things need to be clarified. At this
stage there is no recommendation.
17 Discuss park development matters.
Mr. Sweatt reminded the Council that for some time now the I
City has been accumulating funds according ~to the
subdivision regulations that deal with park development. We
have also received the proceeds from the sale of land in the
Oak Forest Subdivision. We curr..ntly have $38,296 available
for park development. A new park, the xeriscape park, is
planned and underway in the Dove Meadows Subdivision. We
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received part of the funds from a park service grant and
have received local donations, but are now in need of
substantial funds to continue its development. At the same
time, we have discussed on numerous occasions the need to do
painting at the large pavilion. We have received a
preliminary estimate on the cost for the painting, but it
does not include the cost of the removal of any of the old
paint or the disposing and testing that would be required.
The painting alone is estimated to be in the vicinity of
$20,000. We reviewed with the engineers the estimated cost
of paving the parking lot, some dirt work, sidewalks, one
starter garden area in the xeriscape park and some water
distribution lines, and that's estimated to be about
$32,000. Clearly, we do not have enough money in the park
developnent fund to do both the xeriscape park and the
pavilior. Mr. Sweatt asked the Council to consider
authori2ing the City to proceed with design and advertising
bids fer work on the xeriscape park and hold action on . the
paintin~ of the pavilion until we're able to research some
alternatives about resealing the existing surface or
removin~ the surface efficiently and effectively. At that
time we will come back to Council either in the budget or in
capital bonds to look for funds to take care of the
pai nti n~ .
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Mr. Slleatt went on to say they had spoken with the
engineels and they don't believe, even though there is rust,
it is sE'rious enough to affect the pavi lion. Another ten to
twelve months would not create a problem. Mr. Sweatt
emphasi~;ed we need to move ahead with one or the other of
these plojects.
Mr. S~eatt, at the request of Mayor Baldwin, repeated what
was in~luded in the $32,000 for the xeriscape park. Mayor
Baldwin then asked for discussion by the Council.
Mrs. l~rsh stressed she had been told over and over again
not to put it in the budget because they would use the
proceedl; from the sale of the land in Oak Forest to repair
the pavilion. It needs it. It has to be done soon. If it
isn't (~ne soon, we will run into serious problems and it
will cost twice as much. When you say you're going to do
somethit9' you ought to do it. Mr. Sweatt assured Mrs.
Marsh hey are going to do it, but there's not enough money
right ow for both projects. Mrs. Marsh suggested the
finaliZ,ltion of the project be included in next year's
budget.
Mrs. S':anhope asked Mr. Sweatt how much he had looked into
what was done to the pavilion previously because Jerry
Graham had assured her nothing would have to be removed,.
Mr. S'..eatt replied the test resul ts don't show that. It
was palnted in 1979 and employees who could know Were
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canvassed and they said nothinq else was done to the I
pavilion except a number of years ago the legs beams were
painted some eight to ten feet high.
Mr. McDonald asked if anything was
Sweatt answered no. Mr. Greenwald
the contract from 1979 beoause as he
was a complete sandblast removal
waterblast and complete paint job.
what was done.
removed in 1979 and Mr.
recommended digging out
recalls we were told it
of all red oxide,
We need to know exactly
Mr. Sweatt advised there's only one section of the paint
that has a lead content higher than what is allowed today.
The problem is not in the paint, it's in the cost of
disposing of it once you remove it. You have to contain all
of it, for contamination purposes, when it's sandblasted and
pay for the disposal of it in a certain manner.
Mrs. Stanhope observed that wouldn't be necessary if it's
already been done. Mr. Sweatt indicated that according to
the test results it hasn't been done. Mrs. Stanhope asked
when the test results were done and who did them. Mr.
Sweatt answered they were done December 10th by the San
Antonio Testing Laboratory.
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Mrs. Marsh asked how long this was supposed to last to
begin with and Mr. Sweatt reiterated there's only one
section of the paint that has a lead content higher than
what is allowed today. The problem is not the paint, it's
the cost of disposing of it properly. Mrs. Marsh said her
question really was if the sandblasting that was supposedly
done in 1979 was done properly, would it have precluded the
pavilion being in the shape it's in today. Mayor Baldwin
replied there were no restrictions in 1979 and he's sure
they probably sandblasted the rough spots before they
painted it.
Mr. McDonald pointed out even if it's clean paint. the
problem would be the containment of the sandblasting
material coming off it. Mr. Greenwald agreed. Mr. Sweatt
mentioned they are investigating it and there is said to be
an alternative. There is supposedly a new product on the
market that is a chemical which neutralizes the base and
then acidifies/melts it and solidifies it again so you can
paint over the top of it. Our engineers haven't been able
to find it yet and it may be more expensive than the
containment, testing and disposal.
Mayor Baldwin asked Council if they want to do the pavilion I
first. Mrs. Stanhope suggested dOing the pavilion first
because it is used the most. The xeriscape park isn't even
developed yet. Mayor Baldwin reviewed the fact both Mrs.
Marsh and Mrs. Stanhope think the pavilion ought to be done
first and then asked if there's one more person who feels
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that wa~. Mr. McDonald answered yes and no - he has a
question first. Can a portion of the motel/hotel tax be
used for the pavilion to enhance tourism? Mr. Sweatt
answered the rules allow a small percentage of it to be used
for that. Mr. McDonald asked it that would be a vehicle to
fund the painting of the pavilion and Mr. Sweatt answered
possiblY. Mr. McDonald confirmed we could not use the
hotel/motel tax to build a park and was told by Mr. Sweatt
that would be a stretch.
Mrs. Marsh clarified the point that the money doesn't have
to be spent right now. She suggested earmarking it for the
pavilion and putting it in to earn money while waiting for a
determination to be made. The Coun~il agreed the money
should be held until they get some hard core cost figures.
Mr. McDonald requested they add the stipulation that if
there's not alternative funding, the hotel/motel tax can be
used. Mrs. Stanhope added the new process should be
investi9ated.
#~ CITY MANAGER'S REPORT: Mr. Sweatt reminded the
Council of the January 5th forum on the sales tax election.
#9. ITEMS BY COUNCIL: Mr.
3009, trle Woodland Oaks exit, and
signs sEt, it's hard to make a
cannot see around the barricades.
would give them a call.
McDonald brought up FM
said with where the road
right turn because you
Mr. Sweatt indicated he
Mr. G~eenwald: A. Announced
Zoning 1eeting last night there
new ani al clinic to be located
be a dr ve-through faCility.
that at the Planning and
was a presentation on the
in Tri-County Park. It will
B. Related also that at the Planning and Zoning meeting, a
plat WlLS approved for Bill Miller Barbeque. The gentleman
mention~d that as soon as he left here, he had to send the
plat U!,> to the Texas Department of Regulation and Licensing
to be approved. Apparently there was a state law passed,
and MiJ:e Spain will research it. Mr. Spain admitted that
supposecily it's a state agency authorized to review plats
for COllpliance with ADA. Mr. Greenwald expressed an
i nteresi, in knowing what legis lation authorized this agency.
# lO ITEMS BY MAYOR: A. Reported he noticed coming
back from Austin this afternoon that our new wall has
graffit.. on it already.
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B. Meltioned a steering committee meeting of the MPO if
anyone';; interested in attending. The topics of discussion
will bl the long-range transportation plan for the area and
an ameldment to the 'FY 95 unified planning work program for
VIA Met~opolitan Transit.
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III ADJotJRfe,i!..I..: On a motion
secdnded by Mr. McDonald and carried
meeting was adjourned by Mayor Baldwin at
by Mr. Potempa,
unanimously, the
:20 p.m.
ATTEST:
-~! ~,~"'-.)
Deputy city Secreta~y,: City of Schertz
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