S BOA-ccreg-08-21-1990
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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
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#3 ADJOURNMENT:
Sawyer closed the Board
There being no further discussion, Mr.
of Adjustment at 7'105 p"," ..
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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:
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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.
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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
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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
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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.
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ATTEST:
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