ccreg 07-19-1994
20:~
REGULAR MEETING OF THE CITY COUNCIL
JULY 19, 1994
The Schertz City Council convened in Regular Session
Tuesday, July 19, 1994 at 7:05 p.m. in the Council Chambers
of the Municipal Complex, 1400 Schertz Parkway, Schertz,
Texas. The following members were present: Mayor Hal
Baldwin, presiding; Charles McDonaldi Joe Potempa, Barbara
Stanhope; Mary Marsh and Ken Grenwald. Staff present were
City Manager Kerry Sweatt and City Secretary June Krause.
Mayor Baldwin welcomed everyone to the meeting and led them
in the Pledge of Allegiance.
#1 APPROVAL OF MINUTES: A.
B.
Regular Meeting 6-21-94.
Special Meeting 6-29-94.
After discussion which disclosed the minutes were not
listed on the agenda, Mrs. Marsh moved to table this
at this time. Mrs. Stanhope seconded the motion,
carried as follows:
as
item
which
AYES: Councilmembers McDonald, Potempa, Stanhope, Marsh
and Greenwald.
NAYS: None
#2 HEARING OF RESIDENTS: A. Mr. George Mower
referred to the inequity of the water rates. He said that
when the ordinance was enacted, it was said to be in the
interest of saving water. Instead the exact opposite is
true. He called attention before that people who have
bigger meters pay less. He asked what the Council was going
to do about this.
After some discussion, Mayor Baldwin said we now base the
water rates on living unit equivalents; and if changed, we
would have to go to some other type of concept.
Mr. Sweatt said he would be happy to develop an alternative
plan but now we are in the budget process so it would have
to be delayed.
B. Susan Baldwin Beck announced her new ambulance service
and handed to Council copies of the profile of her new
business. It will be based in Schertz and will operate in
and around Schertz. She related that she had been with
SAFES for 18 years and for the last seven years she has been
associated with companies that provide ambulance service in
San Antonio. When she began it was a minor operation and
she turned it into a major one. She will be operating a
transfer service, which is not now being provided in this
area. The personnel will be similar to SAFES, but she will
not be competing with SAFES in any way. Right now SAFES
only transports emergency cases and refers non-emergency
cases to San Antonio firms who charge huge sums. She has
contacted Autumn Winds and local hospitals for their
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transfer service and they are agreeable. Mrs. Beck listed
the personnel involved in her service, addinq that Dr.
Garton from Schertz has aqreed to be her Medical Director.
She already has her ambulance and it is almost stocked. She
plans to commence service Auqust 1st.
Mrs. Stanhope said she was deliqhted this service will be
available locally and wished her a lot of luck.
At this point, Mayor Baldwin stated that he was very proud
of his dauqhter for startinq this business and introduced
her husband, Brian Beck who is not only Vice-President but
will be Chief mechanic. He then added that he had to leave
for another meetinq and turned the Council meetinq over to
Mayor Pro Tem Potempa at 7:22 p.m.
#3 PUBLIC HEARING: The Council to receive citizen
input reqardinq a request by Everado and Sylvia Guzman for a
Specific Use Permit to allow them to temporarily place a
modular home behind their business on Schertz Parkway.
Mr. Sweatt said that in accordance with our zoning
ordinance, letters were sent to property owners within 200'
of this property. Fifteen letters were mailed, with seven
being returned. Two were aqainst and four were in favor but
one of those wanted to limit the term to one year. The
initial request is to place a modular home in back of their
business, which faces Schertz Parkway. This is a new
business and they own the adjoininq property, which forms an
"L" back onto Beck Street. They plan to build a new
residence on the property to face Beck Street within two to
three years. Since the zoninq for this property is
Neiqhborhood Services, it does require a Specific Use Permit
to put in a residence.
Sylvia Guzman she had qiven them all the information she had
as to what they want to do. The property is "L" shaped and
they will build a home in two to three years and in the mean
time want to place a double wide modular home on the
property. This will be removed when they build.
When asked the placement of the modular home, Mrs. Guzman
said it would be on the front of the property and they will
build in back.
Mrs. Marsh asked if there were any businesses facinq on
Beck Street and was told there are not.
Mr. Greenwald related one of the reasons for the NS zoning
for Beck Street is that it is only one side with the
railroad tracks on the opposite side. Also it is not a
throuqh street. They knew the present houses were
grandfathered but did not want any new houses to be built.
Mayor Pro Tern Potempa asked if there were any citizens
wishing to speak to the request.
~-
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Mr. Kibler, 200 Schertz Parkway, said he would welcome them
to move in there and also welcomed their business locating
on Schertz Parkway.
Mrs. Kibler said she also welcomed these people.
Mr. Mower said he did not object to the request but thought
it should be written in as to what temporary means.
Answering Mayor Pro Tern Potempa's questions, Mrs. Guzman
said that if the request is approved, they would start
moving the modular home in on the weekend.
Mr. Sweatt reminded Council that Planning and Zoning had
recommended against the request.
There being no further questions or citizens wishing to
speak, the Public Hearing was declared closed at 7:37 p.m.
by Mayor Pro Tern Potempa.
#4 Consider and take action on the above request by
Everado and Sylvia Guzman.
Mr. McDonald said he would like to see everybody
opportunity to succeed in a business. He
structuring this to limit it to a certain time,
three years and to be sure it is enforceable.
have the
suggested
such as
Mr. Sweatt said this would be a condition of the Specific
Use Permit and our recourse would be as to any other zoning
violation, a civil action in Municipal Court as violation of
Zoning ordinance.
Mr. Spain, City Attorney, said his understanding was that
the permanent home would also require a permit.
Mr. Sweatt said Council would be granting the Specific Use
Permit for the location of a residence on this lot with the
provision that the modular home be placed for only a period
of time.
Mr. McDonald moved to grant the Specific Use Permit for a
Specific Use Permit to a permanent structure and a temporary
permit for the modular home for a period of three years.
Mr. Potempa seconded the motion, which carried with the
following vote:
AYES: Councilmembers McDonald, Potempa, Stanhope,and Marsh.
NAYS: Councilmember Greenwald.
Mayor Pro Tern Potempa advised the Guzmans that they would be
receiving a letter from the City Manager stating these
provisions.
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#5 ORDINANCE: Mayor Pro Tern Potempa introduced an
ordinance and read the caption as follows:
AN ORDINANCE, AMENDING ARTICLE XXVII OF THE
SCHERTZ ZONING ORDINANCE NO. 87-S-1,
CREATING THE CITY OF SCHERTZ BOARD OF
ADJUSTMENT, PRESCRIBING THE DUTIES AND
QUALIFICATION OF ITS MEMBERS AND THEIR TERM
OF OFFICE, PROVIDING FOR THE APPOINTMENT OF
ITS MEMBERS, THE METHOD OF FILLING
VACANCIES, PROVIDING FOR ADOPTION OF RULES,
REGULATIONS AND BY-LAWS.
Mrs. Stanhope moved to approve the first reading
ordinance creating a Board of Adjustment. Mrs.
seconded the motion, which carried as follows:
of an
Marsh
AYES: Councilmembers McDonald, Potempa, Stanhope, Marsh and
Greenwald.
NAYS: None
#6 POLICY: Consider and take action on an Investment
Policy.
Mr. Sweatt reminded that he had forwarded copies of the
Investment Policy to Council. He added that this had been
reviewed with the City Attorney and State law and we believe
this statement represents the City's best interest in how
funds will be invested.
Mr. McDonald moved to approve the Investment Policy as
presented. Mrs. Stanhope seconded the motion, which
carried with the followinq vote:
AYES: Councilmembers McDonald, Potempa, Stanhope, Marsh and
Greenwald.
NAYS: None
#7 EXECUTIVE SESSION: Mayor Pro Tern Potempa called an
executive session under V.T.C.A., Government code, Section
551.072 for deliberation reqarding real property at 7:40
p.m.
The Regular meeting was reconvened at 8:03 p.m.
#8 Consider and take action, if any, on the above
executive session.
Mr. Spain advised that, in the executive session, Council
received information concerninq one bid received for a
parcel of land in Oak Forest that had been dedicated for
parkland.
Mrs. Marsh moved to accept the bid of Richard J. Adams, in
the amount of $25,000, for the park property located in Oak
Forest Subdivision. Mrs. Stanhope seconded the motion,
which carried with the following vote:
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AYES: Councilmembers McDona'ld, Potempa, Stanhope, Marsh and
Greenwald.
NAYS: None
#9 CITY MANAGER'S REPORT: Nothing at this time.
#10 ITEMS BY COUNCIL: Mr. McDonald, speaking on the
water rate controversy, said he had spent quite a bit of
time with Mr. Sweatt trying to understand the rate tables.
He agreed it is a complicated system but is understandable.
Mrs. Marsh reported on the Business Association meeting,
which mostly consisted of the Jubilee, both this year's and
next year's. She said they did extremely well this year and
a lot of money will be put back into the community. ' The
advance information on next year's theme indicates it will
have to do with homecoming. It will be a really big affair
because they will have all the Grand Marshals and all past
Sweethearts.
Mr. Greenwald mentioned that the Edwards Aquifer drop is
getting close to the voluntary level of conservation.
Suggested we get some information out in the newsletter. We
still have people watering during the day and have an
ordinance against that.
#11 ITEMS BY MAYOR: Mayor Pro Tem Potempa gave an
update of the Mobile Villa construction project. He added
that he would like to recommend this contractor again if we
ever need them as he really knows how to talk with the
people.
#12 ADJOURNMENT: Mrs. Marsh moved the meeting be
adjourned at 8:42 p.m., with Mrs. Stanhope seconding the
motion, which carried with a unanimous vote.
(J~,rP~
MaYO~O~em, ;~~of- Schertz
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CitY~cretarY, CIty of Schertz