ccreg 01-17-1995
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REGULAR MBBTIIIG 01' TO CIn .~IL
January 17, 1995
The Schertz City Council convened in Regular Session
Tuesday, January 17, 1995 at 7:00 p... in the Council
Chambers of the Municipal Complex, 1400 Schertz Parkway,
Schertz, Texas. The following II8Jllbers were present: Mayor
Pro Tam Barbara Stanhope, presiding; Charles McDonald;
Joe Potempa; Mary Marsh and Ken Greenwald. Absent: Mayor
Hal Baldwin. Staff present were City Manager Kerry Sweatt
and City Secretary Nor.. Althouse.
Mayor Pro Tem Stanhope called the meeting to
invited everyone to stand and join In ~he
Allegiance to the Flag.
order and
'Pledge of
11 APPROVAL OF MIlIUl'ES. A. Special Meeting 12-14-94
B. Regular Meeting 12-20-94
Mrs. Marsh ~ved to approve the minutes for the Special
Meeting 12-14-94 and the Regular Meeting 12-20-94. Mr.
Greenwald seconded the motion, which carried as follows:
AYES: Councilmembers
Greenwald.
McDonald,
Potempa, Marsh
and
NAYS: None.
12 HEARIRG OF RBSIDBRrS. Those citizens
matters they wish to discuss with Council, which
previously been submitted to the City Council,
heard at this time.
having
have not
will be
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A. George Mower, referring to the minutes just approved,
commented Mr. Sweatt had indicated he would be happy to
investigate Larry Addis's letter and respond to it. This
letter from Mr. Addis has no return address and Mr. Addis
cannot be found in the real estate departaent of the State
of Texas as being licensed as a real estate broker or
agent. Mr. Mower, considering all this, wanted it
explained just how Mr. Sweatt was gOing to respond to Mr.
Addis .
Mr. Mower then mentioned that the citizens of Schertz have
been paying upside down water rates. The person with the
bigger meter pays a lesser amount. City Council has
intimated over and over they would get around to revising
the water rates. It's about time.
The next thing Mr. Mower brought up was the Hearing of
Residents item on the agenda. Mr. Mower said there's been
a change in format. It says -Those citizens having aatters
they wish to discuss with the Council, which have not
previously been subaitted to the City Council, will be
heard at this time;R whereas, on the November 15th agenda,
it says RThose citizens wishing to speak on agenda items
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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." Mr. Mower wanted an
explanation of why it was changed.
Mr. Mower's final remarks were directed toward Mr.
McDonald in particular and the Council in general about the
misuse of equipment and personnel. Regarding the use of a
front-end loader as a ladder, it is against the law to put
a man in that bucket and it is against the law to operate
that equipment within ten feet of power lines. Mr. Mower
stated there's no such thing as having to run up ten hours
of use on the equipment and offered a manual for anyone
interested in reading about it.
B. Jim Harris spoke regarding recycling and remarked he
had not gotten a bin. Mr. Harris, saying he had forgotten
to bring it up at the last meeting, noted he had mentioned
it to Mr. Sweatt after the meeting and was advised to call
Alamo Waste. He did call Thursday morning and was told
they would check it out and get back to him. Finally,
about 4:30 Friday afternoon, they called and told him the
only conclusion they could come to was that someone stole
all of them. Mr. Harris advised Alamo Waste he didn't
believe they were stolen, he thinks they were never put out
in his area. As of 5:00 p.m. Friday the Police Department
had no report of stolen bins. Mr. Harris requested that
someone look into the situation.
Mr. McDonald asked Mr. Harris
didn't get red bins and Mr.
think anyone in Bexar County
received one. In his opinion
all.
if he knew how
Harris answered
on that side of
FM 1518 wasn't
many people
he didn't
the creek
covered at
Mr. Potempa wondered if the once a week piCk-Up, as
mentioned by Mr. Harris, is trash or recycling. Mr.
Sweatt advised it's trash, and the people in the
Schirmerville area were offered the opportunity by Alamo
Waste to use the larger container and have it picked up
once a week versus having it picked up twice. Mr. Harris
admitted he has trash piCk-Up just once a week and then
requested again that the story about the stolen recycle
bins be checked out.
#3 PUBLIC HEARING:
input on the request
Specific Use Permit.
The
from
Council to receive citizen
J. Robert Asselin, Jr. for a
Mayor Pro Tem Stanhope asked if anyone present wished to
comment on this request. Mr. Sweatt advised two notices
were mailed to property owners within 200' and one reply
was received against the request. Mr. Sweatt indicated he
would rely on the good judgment of the Council, but his
concern would be if it is approved, it be for Single-familY
residence only and only applicable to the present owner.
This is a request by the owner of the property at 18780
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IH-35 North to use the second story of the building as a
residence and provide security for the business. Because
of the stipulations of the Zoning Ordinance, it is
appropriate only to consider a Specific Use Permit as this
area is zoned General Business. The Planning and Zoning
Commission has made a recommendation of approval.
Mayor Pro Tem Stanhope closed the publiC hearing at this
time.
#4 Consider and take action on the above request by
J. Robert Asselin, Jr.
Mr.
for
he's
also
does.
McDonald asked if Mr. Asselin still has to come in
his building permits and Mr. Sweatt replied yes if
doing any construction. Mr. McDonald asked if that
applies to interior construction and was told yes it
Mayor Pro Tem Stanhope asked if a single-familY designation
would meet all the concerns of the neighbors. Mr. Sweatt
suggested that if Council approves the request, they make
those specific conditions outlined by the neighbor and any
others that might be considered appropriate.
Mr. McDonald moved to approve the request from J. Robert
Asselin, Jr. for a Specific Use Permit prOVided it is a
single-family residence, is only applicable to the present
owner, and that the plans be changed to provide a second
restroom facility for the living quarters.
Mr. Greenwald noted Mr.
and Zoning that there
facility.
Asselin did specifY to
would be a separate
Planning
restroom
Mrs. Marsh seconded the motion, which carried with the
fOllowing' vote:
AYES: Councilmembers
Greenwald.
McDonald,
Potempa, Marsh
and
NAYS: None.
#5 ORDINANCE: Consider and take action on the final
consideration of the Animal Control Ordinance.
Mayor Pro Tem Stanhope introduced an ordinance and read the
caption follows:
ORDINANCE NO. 95-H-l
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, AMENDING CHAPTER 4 OF THE CODB OF
ORDINANCES.
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Mr. Sweatt related this ordinance replaces the old Animal
Control Ordinance and among other things clarifies the
treatment of vicious animals and biting cases, and
addresses spaying and neutering. The Staff recommends
adoption of this ordinance.
Mr. Greenwald moved to approve the final reading of an
ordinance amending Chapter 4 of the Code of Ordinances.
Mr. Potempa seconded the motion, which carried with the
following vote:
AYES: Councilmembers
Greenwald.
McDonald,
Potempa, Marsh
and
NAYS: None.
#6 ADDITIONAL WALKWAY CONSTRUCTION: Consider and
take action regarding construction of additional walkways
in the Mobile Villa Subdivision.
Mr. Sweatt reported they spent time reviewing on- the-
ground measurements and on-the-ground counts to determine
how best to recommend a revision in policy to Council in
keeping with the workshop discussion last week. They have
identified 36 lots within the subdivision with no
improvement indicated during the development. There are 8
lots that are vacant lots. They originally reported 50
lots not having walkways, however 6 of those were reported
by the contractor as extending out into the right-of-way
and were covered under the original policy. After they
counted the lots, the structures and the circumstances on
the property, they found there are 36 lots at a maximum
dollar value of $3,007.99 that would be eligible for the
placement of a walkway using the policy that a walkway
would be placed in each lot having a gate or having a
structure on that lot.
Mr. Sweatt went on to say this eliminates those
circumstances, where for instance, there was a double lot
and a structure that covered parts of both lots. Under
this count there would only be one walkway. If there was a
double lot and the structure was only on one lot, and there
was not a walkway or a gate on the second lot, there would
be only one walkway constructed. They don't believe it's
likely that all 36 of these will ask for a walkway.
They've canvassed the residents and had some indication to
verify that conclusion - some want a walkway, others do
not. This would mean that vacant lots would not have
walkways constructed. The policy would then provide that
the walkways were issued only for those lots having
structures or having walkway gates at the time of this
construction.
Mr. Potempa asked how many lots and Mr. Sweatt replied a
maximum of 36. Mr. Potempa then asked if that includes
the commercial lots and Mr. Sweatt answered it does not.
The commercial lots are vacant, have no gates and no
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walkways, so under this policy no sidewalk would be
extended to those. Mr. Sweatt commented there are several
lots where apparently the structure is only on one of two
double lots and they don't have a gate or a walkway of any
sort, so in that case that lot would only get one walkway.
There are circumstances where there are two gates on a lot
and in those cases, those will get two walkways. out of
these 36 lots, there are a portion that clearly has a gate
and a walkway - that's one set of numbers. Then there are
additional lots that do not have a gate, but they have a
structure on that lot, so they will get a walkway. In
those circumstances in which the lot is completely vacant,
they do not get a walkway. If there is a double lot and
the structure is only on one of the two lots and there is
not a gate on the second lot, they would get only one
walkway.
Mr. McDonald asked even if they don't have a walkway from
their property line to their residence, can we provide them
a walkway and Mr. Sweatt answered yes if there is a
structure on the lot.
Mayor Pro Tem Stanhope asked if we are going to contact
these people and if they say no to wanting a walkway, have
them sian a waiver. Mr. Sweatt answered that's correct.
Mr. Sweatt then acknowledqed the one area that's still
left open for potential at some point in time is the vacant
lots that have no structure now. Both Mrs. Marsh and
Mayor Pro Tem Stanhope stressed they want the walkways
clearly tied to this project only. When this project is
finished, no more walkways will be provided by the City.
The rest of the Council agreed. Mr. Sweatt said that
clearly, then, that will be the recommendation.
Mrs. Marsh moved to approve the construction of additional
walkways in the Mobile Villa Subdivision according to the
plan as outlined tonight by the City manager. Mr. Potempa
seconded the motion.
Before the vote, Mr. Sweatt interjected that they have
asked the contractor to hold up until this changeover is
approved and the work is done. We don't want cement trucks
out on the new asphalt. Mr. Potempa asked about how long
this chanqeover will take and John Bierschwale answered
probably about two to three weeks.
The motion carried with the following vote:
AYES: Councilmembers
Greenwald.
McDonald,
Potempa, Marsh
and
NAYS: None.
#7
Special
returns.
CITY MANAGER'S REPORT: Reminded everyone of the
Meeting on January 25th for canvassina election
That will be the only item on the agenda.
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#8 ITEMS BY COUNCIL: ~r. Potempa: related he had
received a phone call from a lady who was highly upset
because while she was attending services at the First
Baptist Church on Sunday, someone put a political flyer on
the windshield of her car. She felt this was in very bad
taste because it was Sunday and also because there are
people who attend the church who are not residents of
Schertz.
Mr. Greenwald: A. reported he had given Mrs. Althouse
some minutes and financial statements from BVYA for her to
make copies of for their next package. The season opens
April 1st and they plan on having the parade again if they
can and if there's enough interest.
B. Announced the Edwards Underground District is having a
public meeting this Thursday at 7:00 p.m. in San Antonio
to discuss water supply and demand, regional cooperation
and legislative issues.
It was
Sweatt
attend.
asked
replied
if someone from the City is goinq and Mr.
he will see if he can find someone to
#9 ITEMS BY MAYOR: There were none.
# 10 ADJOURNMENT
On a motion by Mr. Potempa, seconded by Mrs. Marsh and
unanimously carried, the meeting adjourned at 7:30 p.m.
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Mayor, City of Schertz, Texa6
12 V-r-
re6-IE/I'I
ATTEST:
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City Secretary, City of Schertz