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ccreg 06-04-1991 238 REGULAR MEETING OF THE CITY COUNCIL JUNE 4, 1991 The Schertz City Council convened in Regular Session, Tuesday, June 4, 1991 at 7:00 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; Barbara Stanhope; Mary Marsh; and Ken Greenwald. Absent: Hal Baldwin. Staff present were City Manager Kerry Sweatt and Deputy City Secretary Alice Austin. After opening the meeting and welcoming everyone, Mayor Sawyer asked that they join him in the Pledge of Allegiance. Mayor Sawyer introduced Mr. Potempa and advised that in his capacity as Schertz Business Club President, Mr. Potempa had an award to present. Mayor Sawyer requested that Mr. John Bierschwale, Water/Wastewater Superintendent and Mr. John Peterson, Asst. Water/Wastewater Superintendent come to the front of the Council Chambers. Mr. Potempa advised that Mr. Peterson had been selected as Schertz Employee of the Quarter for the period from January to March, 1991 for the outstanding job he has done for the City. Mr. Sweatt advised that Mr. Peterson had started as a Worker I in March of 1982 and had been been promoted through the ranks to Asst. Superintendent in 1988. He al so said a meal for Mr. Peterson and his spouse came with the Employee of the Quarter award. PUBLIC HEARING: Mayor Sawyer opened the Public Hearing at 7:05 p.m. and advised that Council was holding the Public Hearing to receive citizen input on four proposed changes to the Zoning Ordinance. Mr. Sweatt advised that this ordinance would amend specific provisions concerning site plan review, parking and landscaping. No citizens requested to speak. Mayor Sawyer closed the Public Hearing at 7:08 p.m. II APPROVAL OF MINUTES: A. Regular Meeting of 5-7-91 B. Special Meeting of 5-15-91 Mrs. Stanhope moved that the minutes of the Regular Meeting of 5- 7-91 and the Special Meeting of 5-15-91 be approved. Mr. Greenwald seconded the motion. Mrs. Marsh advised that the Minutes of the Special Meeting of 5-15- 91 Item # 11 ITEMS BY COUNCIL, under item by Mr. Potempa paragraph C,2 be amended to read as follows: .- / 2:39 "Mr. Sweatt said our arrangement with them is that they furnish the material for the shots when there is an adoption, we collect the money and rebate their share back to them, They buy at a bulk rate and we charge at retail rate. Mrs. Marsh said it seems they are getting away from the intent of their organization. She was really at a loss as to what is going on and suggested that, until they come on line, we cease supporting them." This item carried with vote as follows: AYES: Councilmembers Potempa, Stanhope, Marsh and Greenwald NAYS: None 12 HEARING OF RESIDENTS: Mr. Joe Dale of Deerhaven advised Council that he would 1 ike an update on the drainage si tuation in his area. He said that the last he had heard the enqineer ing company was supposed to dig holes to eval uate the situation and that he had heard nothing since then. He said that dur ing the last heavy rains a pallet, used to 1 ift items by forklift, had washed up into his yard and there was debris in the fence along his property line. Mr. Sweatt advised that the engineering company had taken samples to test the depth of the soil. The City Attorney has met twice with the insurance company to discuss liability. He also advised that the engineering firm is in the process of developing a plan to present to the city. Mayor Sawyer requested that Mr. Sweatt get an update from the City Attorney. Mr. Ed Mazian, 1013 Fawn Drive advised that he has been out of town quite a lot recent I y and that al though he has requested a house watch by the police department he has never received a checklist to show that the watch had been performed. Mr. Sweatt asked Mr. Mazian exactly what he wanted and Mr. Mazian said he wanted a copy of the check list to make sure his house was being checked. 13 NEWSPAPER DESIGNATION: Mayor Sawyer presented for consideration the designation of the Official Newspaper for the City. Mr. Bill Lindemann said that this has been going on for a long time ever since the original notice of bids was sent in April. He advised that three publications had beat the deadline. He advised that the Herald has been in business for 16 years. He advised that the package he had sent to council answered the questions that had been asked, The package included information on other cities. He advised that the results of the audit and receivership survey included in the packet showed that 93% 240 recei ved the Herald, 89.5% did look through the paper and that 40.8% preferred the Herald over the Recorder/Times. He advised that an 11 week comparison between articles for Schertz and Universal City had shown that U. C. had 62 articles and Schertz 66 articles. He advised that the youth count was 49 for Judson and 30 for Clemens and that this was probably because of the difference in the number of schools. Mr. Lindemann advised that the Herald has applied for a 1st class postal permit and had an appointment for the next day concerning this. Mr. Sweatt advised that the City Attorney's opinion was that if the permit was issued the Herald would be in compliance. Mr. Greenwald made the motion to reject all bids and direct the City Manager to contract with a local newspaper that meets strict letter of definition under V.C.S. Art. 2880 as amended. There was no second to Mr. Greenwald's motion. Mayor Sawyer advised that the motion had died for lack of a second and asked for another motion. Mrs. Marsh made the motion to reject all bids so far and have the City Manager get proposals, not bids, from those newspapers in the area that meet the requirement and bring the proposals back to council. Mrs. Stanhope seconded the motion which carried with the following vote: AYES: Councilmembers Potempa, Stanhope, and Marsh NAYS: Councilmember Greenwald. 14 ORDINANCE: Mayor Sawyer introduced an ordinance for consideration on first reading and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AMENDING THE ZONING ORDINANCE, NO. 87-S-1, ARTICLE X, APARTMENT/MULTI-FAMILY DISTRICT, R-4; ARTICLE XII, RA SINGLE FAMILY RESIDENCE/AGRICULTURE DISTRICT; ARTICLE XIII, MOBILE HOME DISTRICT; ARTICLE XIV, OFFICE AND PROFESSIONAL DISTRICT; ARTICLE XV, NEIGHBORHOOD SERVICE DISTRICT: ARTICLE XVII, MANUFACTURING DISTRICT(LIGHT) M-l; ARTICLE XVIII, MANUFACTURING DISTRICT (HEAVY) M-2: ARTICLE XIX, PLANNED UNIT DEVELOPMENT; ARTICLE XX, OVERLAY DISTRICTS; ARTICLE XXII, PARKING REGULATIONS: ADDING ARTICLE XXIV, SITE PLAN REVIEW REQUIREMENTS: ADDING ARTICLE XXV, LANDSCAPING; AND PROVIDING A REPEALING CLAUSE. / 241 Mr, Potempa made the motion to approve the ordinance amending Ordinance 87-S-1. Mr. Greenwald seconded the motion which carried with the following vote: AYES: Councilmembers Potempa, Stanhope, Marsh and Greenwald NAYS: None 'S ORDINANCE: Mayor Sawyer introduced an ordinance for consideration of first reading and read the caption as follows: AN ORDINANCE PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SCHERTZ. TEXAS BE AMENDED BY REVISING CHAPTER 12 1/2, ATTACHMENT "C", PROVIDING FOR THE USE AND REGULATIONS OF PICNIC AREAS AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT. Mrs. Stanhope made the motion to approve the ordinance. Mrs. Marsh seconded the motion which carried with the following vote: AYES: NAYS: Councilmembers Potempa, Stanhope, Marsh and Greenwald None '6 CITY MANAGER'S REPORT: 1. Mr. Sweatt advised that the Combined tour was scheduled for July 6 which was part of the long weekend for the 4th of July and asked if Council would like to have the tour scheduled for some other weekend. Mrs. Marsh advised that they would never get a date if they did not just go ahead and schedule the tour. Consensus of Council was to have the tour on the 6th, 2. Mr. Sweatt advised that closing sections along IH 35. and traffic would be rerouted, were not very easy to read. the Highway Department would be FM 3009 would be closed on the 7th He advised that the maps provided '7. ITEMS BY COUNCIL: Joe Potempa. Mr. Potempa requested that he be relieved as Council Liaison to the Humane Society until such time as they open up memberships. Mary Marsh. Mrs. Marsh advised that Senior Citizen Day would be on the 15th and that anyone who would like to make donations could bring them to City Hall. She advised that some donations already received were food, money and gift certificates. 242 #8. ADJOURNMENT: On a motion by Mr. Potempa duly seconded. the meeting was adjourned at 7:40 p.m. ATTEST: ~. cretary, Clty of Sche~ )