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S BOA-ccreg-08-21-1990 /': fS SPECIAL SESSION OF THE BOARD OF ADJUSTMENT AUGUST 21, 1990 The Schertz Board of Adjustment convened on August 21, 1990, at 7:00 p.m. in the Council Chambers of the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Earl W. Sawyer, presiding; Joe Potempa; Hal Baldwin; Barbara Stanhope; Mary Marsh and Ken Greenwald. Staff present were City Manager Kerry Sweatt and City Secretary June Krause. #1 The Board of Adjustment met to receive citizen comments regarding the request from Arnold Miller of 808 Colony Drive for a seven foot side yard variance and a three foot back yard variance, allowing him to construct decking around his pool. Mr. Sweatt advised that twenty-eight letters were mailed to property owners within 300 feet. One letter was returned undeliverable, one letter was returned saying they had no objection and we received one phone call stating they had no objection to the variance. He went on to clarify a couple of points, saying this variance was necessary because the decking is considered a permanent structure. As for the fence, it is on the property line and there is no easement in back. Our ordinance call s for a three- foot set-back for permanent construction in the rear. Mr. Miller said that he considered the decking as being not permanent but was told according to our ordinance it was. There were no citizens present wishing to speak for or against this request. #2 Consider and take action on the Miller request for a variance. Mr. Baldwin moveq to approve Mr. Miller's request for a variance. Mr. Greenwald seconded the motion, which carried with the following vote: AYES: Mr. Potempa, Mr. Baldwin, Mrs. Stanhope, Mrs. Marsh and Mr. Greenwald. NAYS: None x 6 #3 ADJOURNMENT: Sawyer closed the Board There being no further discussion, Mr. of Adjustment at 7'105 p"," .. . c~/v/~ Mayor, CityVof S Texas ATTEST: REGULAR SESSION OF THE CITY COUNCIL AUGUST 21, 1990 The Schertz City Council convened in Regular Session, Tuesday, August 21, 1990, at 7:05 p.m. in the Council Chambers of the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Earl W. Sawyer, presiding; Joe Potempa; Hal Baldwin i Barbara Stanhope i Mary Marsh and Ken Greenwald. Staff present were City Manager Kerry R. Sweatt and City Secretary June G. Krause. # 1 APPROVAL OF MINUTES: Special Meeting of 7-17-90. Regular Meeting of 7-11-90 and Mrs. Marsh referred to the minutes of the Regular Meeting of July 11, 1990 the sixth paragraph under #2-2 and asked that the following sentence be added: "Work must commence wi thin a six- month period." Mrs. Marsh al so referred to the minutes of July 17, 1990 and asked that the word "all" be removed from the ninth paragraph of item #1 Public Hearing. Mrs. Stanhope and Mr. Baldwin referred to the minutes of the meeting of July 11, 1990, #2-3 and asked that the first two sentences be corrected to read as follows: "Mrs. Coralee Fenner advised that the Schirmerville residents were going for CDBG funding for their area. They had asked for $100,000 and have been tentatively granted $75,000." Mrs. Marsh moved to approve the minutes of the Regular Meeting of July 11, 1990 and the Special Meeting of July 17, 1990 as corrected. Mr. Baldwin seconded the motion, which carried with the following vote: I ) 7 AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None #2 HEARING OF RESIDENTS: A. Mr. Henry Gutierrez introduced Mr. Efrain Gonzalez of Alamo Waste, Inc. Mr. Gonzalez said he and his brother had built up a solid waste collection business in Houston, which was very successful. He said he has now moved into this areaj and, as a friend of Henry Gutierrez, he would like to establish a business in Schertz. He said he would like to bid on the solid waste business in Schertz and fel t they could handle any size contract and at a very competitive price. B. Mr. Rudy Lozano, of the Houston Truck Company, said he has known and done business with Mr. Gonzalez for a long time. He went on to say they had furnished Mr. Gonzalez with garbage truck beds, trucks and all sorts of equipment. He said Mr. Gonzalez is a man of his word and any contract he would make would be fulfilled. #3 ORDINANCE: Mayor Sawyer introduced an ordinance and read the caption as follows: ORDINANCE NO. 90-D-25 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING SECTION 18-76 OF SAID CODE; PROVIDING FOR SPEED LIMITS ON LOWER SEGUIN ROAD. Mr. Greenwald moved to approve the final reading of an ordinance providing speed limits on Lower Seguin Road. Mr. Baldwin seconded the motion, which carried with the following vote: AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None #4 ORDINANCE: Mayor Sawyer introduced an ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS, BE AMENDED BY REVISING SECTION 18-76 OF SAID CODE; PROVIDING FOR SPEED LIMITS ON WARE-SEGUIN ROAD. i\ 8 \ \ Mrs. Marsh moved to approve the first reading of an ordinance providing speed limits for Ware-Seguin Road. Mrs. Stanhope seconded the motion, which carried as follows: AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None #5 RESOLUTION: Mayor Sawyer introduced a resolution and read the caption as follows: RESOLUTION NO. 90-B-12 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, URGING THE TEXAS MUNICIPAL LEAGUE TO SUPPORT LEGISLATION AMENDING THE TEXAS RACING ACT TO LOWER THE STATE TAKE OUT FEE AND EXPEDITING THE CONSTRUCTION OF CLASS 1 RACE TRACKS. Mrs. Stanhope moved to pass a resolution urging TML to support legislation amending the Texas Racing Act. Mr. Potempa seconded the motion, which carried with the following vote: AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None #6 PLANNING & ZONING: A. Consider and take action on accepting the resignation of Ty Brisgill as Chairman. Mr. Greenwald moved to accept the resignation of Ty Brisgill as Chairman of P&Z. Mr. Baldwin seconded the motion, which carried with the fOllowing vote: AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None B. Consider and take action on the recommendation of the P&Z on appointing a Chairman and Vice-Chairman. Mrs. Marsh moved to appoint Bob Andrews as Chairman and Jim Shriver as Vice-Chairman for the Planning and Zoning Commission. Mr. Potempa seconded the motion, which carried with the following vote: AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None #7 bids: BID AWARD: Consider and take action on the fOllowing ). /. s A. Waterline Replacement contract at I-35 & Schertz Parkway. Mr. Sweatt advised that the I-35 improvements project has necessitated additional changes in the relocation of utility lines. This is a 100% reimbursable project. There were two bids received Bluestone Excavating, $19,227.82 and M.C. Ethridge Inc., $21, 160. Both our staff and engineers recommend accepting the low bid from Bluestone Excavating. Mr. Greenwald ffiQyeq to approve the low bid from Bluestone Excavating in the amount of $19,227.82. Mr. Baldwin seconded the motion, which carried with the following vote: AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None B. Audit for fiscal year ending September 30, 1990. Mr. Sweatt said that four proposals for audit services were received: Thompson, Williams, Biediger, Kastor & Young - for 1990, $11,150 and for 1991, $12,000; Leal, Carter & Rocha - for 1990, $10,200 and for 1991, $10,600; Pattillo, Brown & Hill - for 1990, $11,800 and for 1991, $12,400; Findling, Milam and Pyle - for 1990, $12,000 and for 1991, $12,600. We have received good reports on all firms and three are from San Antonio and one from Waco. He advised staff is continuing to review with the Audit Committee and asked to table this item until the review is complete. He advised staff will have a recommendation for the next Workshop. Mr. Potempa mO.'Led to table this item until the next Wednesday night's meeting. Mr. Greenwald seconded the motion, which carried with the following vote: AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None #8 CITY MANAGER'S REPORT: A. Gemcraft Homes has invited everyone to a Grand Re-Opening in Woodland Oaks. Open House will be Thursday, August 23rd, from 11:00 a.m. until 2:00 p.m., with the ribbon cutting at 12:30 p.m. B. Have received notice of a public hearing on Special Legislative Committee on the Edwards Acquifer, dealing with water conservation. The meeting is scheduled for August 29th, which is in conflict with our City Council meeting. C. He mentioned that he had distr Ibuted to Council, on which there is no action needed at this time, a copy of resol ution . Council had asked previously that we submit two resolutions to TML prior to their September 10th deadline for consideration of TM1 sponsorship of legislation. One of those was acted on j\ 10 tonight - that being the amendment to the Texas Racing Act. The other has to do with the amendment that has been identified as Economic Development sales tax issue. He said we have been in contact with the Texas Municipal League and they will likely not consider action on this matter because of some division of some of the cities and Board of Directors. He added that we have proposed consideration of sponsorship of special legislation and have enclosed a draft of a letter to our State Representative and asked for Council comments. #9 ITEMS BY COUNCIL: Mrs. Stanhope said that during the past couple of weeks, she had been contacted several times and made aware that people within our City are being advised not to contact members of Council. She said she did not like that and wanted to stress that the Council represents the citizens of the City. She said that anyone that lives within our boundaries are the Council's voice. She wanted it made a matter of records that anyone could go to any member of the Council and not have to fear reprisal in any way, shape or form. Mayor Sawyer agreed with her statement, adding that Council is available for comments from anyone. Mrs. Marsh said she agreed with Mrs. Stanhope. Mr. Potempa added that he could be called at any time and leave a message on his answering machine. # 10 ITEMS BY MAYOR: Mayor Sawyer read a proclamation proclaiming the month of September as "Voter Registration Month" in the City of Schertz. He added that Council urges everyone to vote. #11 ADJOURNMENT: Mrs. Marsh moved the meeting be adjourned at 7:26 p.m. Mr. Baldwin seconded the motion, which carried with an unanimous vote. I. ATTEST: )