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ccreg 01-17-1995 ;,~. ?:.~. /00 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 '-- 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 '-- -.--'-' /01 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 ~ /()j--- 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. ~/ ~ /a3 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 ;;4 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. ----------- .;;.- /cJ~ #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. ~ Mayor, City of Schertz, Texa6 12 V-r- re6-IE/I'I ATTEST: ~/~ City Secretary, City of Schertz