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REGULAR MEETING OF THE CITY COUNCIL
OCTOBER 17, 1989
The Schertz City Council convened in Regular Session, Tuesday,
October 17, 1989 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;
Earl Hartzogi Hal Baldwini Mary Marsh and Ken Greenwald. Absent:
Barbara Stanhope. Staff present were City Manager Kerry Sweatt
and City Secretary June Krause.
#1 BOA HEARING: The Board of Adjustment to receive citizen
comments on the request from Will iam pedeaux for a variance to
the Zoning Ordinance for a side-yard setback. Mr. Sawyer
explained that, in accordance with the City Charter, the members
of the Council were the Board of Adjustment. Mr. pedeaux was
present to answer questions.
Mr. Hartzog asked if the shed would be located inside the fence
and Mr. pedeaux said it would.
Mr. Sweatt said letters were mailed to the eight property owners
wi thin 300 feet of this property. The only response was one
telephone call and that gentleman had no objection.
As there were no citizens wishing to speak, Mr. Sawyer closed the
hearing.
12 Consider and take action on the above request.
Mr. Baldwin moved to approve the request from Mr. pedeaux for a
zoning variance for a side-yard setback, with the stipulation
that the storage shed be located no closer than 2-1/2 feet to his
house and that it be located inside the privacy fence. Mr.
Greenwald seconded the motion, which carried unanimously.
13 Adjourn Board of Adjustment.
Mrs. Marsh moved
Hartzog seconding
vote.
to ad j ourn
the motion,
the BOA at 7:05 p.m., with Mr.
which carried with a unanimous
Mayor Sawyer called the Regular Meeting of the City Council to
order at 7:05 p.m.
#1 APPROVAL OF MINUTES: A. Special Meeting of 9-13-89 and
Regular Meeting of 9-19-89.
Mr. Hartzog moved to approve the minutes of the special Meeting
of September 13, 1989 and the Regular Meeting of September 19,
198 g. Mrs. Marsh seconded the motion, which carried with the
following vote:
:j6
AYES: Councilmembers Hartzogi Baldwin, Marsh and Greenwald.
NAYS: None
# 2 HEARING OF RESIDENTS: Mr. Ed Mazian asked the City
Manager if he had any information on the other Cable TV companies
in the area.
Mr. Sweatt advised that the Karmack Cable is doing a feasibility
study and will get back with us. The second company is going to
be negotiating with Paragon.
#3 ORDINANCE: Mayor Sawyer introduced an ordinance and
read the caption as follows:
ORDINANCE NO. 89-F-27
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS, AMENDING SECTION 8 (b) &
(c) OF ORDINANCE NO. 78-F-15 TO REVISE THE
FRANCHISE FEE PAID BY KBLCOM INC. FROM THREE
PERCENT (3%) TO FIVE PERCENT (5%).
Mr. Hartzog moved to approve the final reading of an ordinance
amending Section 8 (b) and (c) of Ordinance No. 78-F-15 Cable
Franchise Fees. Mr. Greenwald seconded the motion, which carried
with the following vote:
AYES: Councilmembers Hartzogi Baldwin, Marsh and Greenwald
NAYS: None
#4 BID AWARD: Consider and take action on awarding bid and
execution of contract for paving project at storage tank sites.
Mr. Sweatt advised that three bids were received for this
project. Staff recommends acceptance of the Bluestone Excavating
bid in the amount of $26,721.80 - not only was this company the
low bidder but we have had recent experience with them.
Mr. Hartzog moved to approve the bid for the paving project to
Bluestone Excavating in the amount of $26,721.80. Mr. Greenwald
seconded the motion, which carried with the following vote:
AYES: Councilmembers Hartzog, Baldwin, Marsh and Greenwald.
NAYS: None
#5 ORDlIIAlfCE: Mayor Sawyer introduced an ordinance and
read the caption as follows:
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS, AMENDING THE SIGN
ORDINANCE, NO. 86-S-28, ARTICLE II, GENERAL
PROVISIONS, PARAGRAPH 4, ERECTION OF SIGN OR
SIGN STRUCTURE AND PARAGRAPH 9, SIGNS WITH
FLASHING, BLINKING OR TRAVELING LIGHTS i
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ARTICLE I I I, DEFINITIONS; ARTICLE VI, SIGNS
PERMITTED IN ALL BUSINESS, COMMERCIAL AND
MANUFACTURING DISTRICTS, SECTION 3, BANNERS,
FLAGS, PENNANTS, SECTION 5c(6), AUXILIARY
SIGNS AND SECTION 5m(6) BILLBOARD SETBACK;
ARTICLE VIII, NON-CONFORMING SIGN ABATEMENT,
PARAGRAPH 11, DATE OF COMPLIANCE; AND
PROVIDING A REPEALING CLAUSE.
Mr. Sweatt said one of the changes to the ordinance changes the
non-conforming use date from 1990 to 1995. All signs in conflict
will be considered non-conforming and will be brought into
compliance by 1995.
Mrs. Marsh questioned if extending to 1995 was too long a time.
Mr. Sweatt said one reason for this is that there had been some
confusion and the 1995 date was fel t to be sufficient time to
allow all businesses to get into compliance.
Mr. Baldwin moveg to approve the first reading of an ordinance
amending the sign ordinance, Articles II, III, VI and VIII. Mr.
Greenwald seconded the motion, which carried as follows:
AYES: Councilmembers Hartzog, Baldwin, Marsh and Greenwald.
NAYS: None
#6 ORDINANCE: Mayor Sawyer introduced an ordinance and
read the caption as follows:
AN ORDINANCE OF THE CITY OF SCHERTZ, TEXAS,
PROVIDING THAT THE CODE OF ORDINANCES, CITY
OF SCHERTZ, TEXAS, BE AMENDED BY REVISING
SECTION 12-4 OF SAID CODEi PROVIDING FOR THE
ASSESSMENT AND COLLECTION OF SPECIAL EXPENSES
IN CONNECTION WITH PERSONAL BOND AND SECTION
12-6 FAILURE TO ANSWER SUMMONSi AND PROVIDING
A REPEALING CLAUSE.
Mr. Greenwald moveg to approve the first reading of an ordinance
amending the Code, Section 12-4 Assessment and Collection and
Section 12-6 Failure to answer summons. Mr. Baldwin seconded the
motion, which carried with the "following vote:
AYES: Councilmembers Hartzog, Baldwin, Marsh and Greenwald.
NAYS: None
#7 P&Z APPOINTMENT: Mayor Sawyer called attention to the
Planning & Zoning Commission recommendation on the
reappointments.
Mrs. Marsh moved to recommend adoption of the reappointment of
Bob Andrews, Joe Potempa and Jim Shriver to the Planning and
Zoning Commission. Mr. Greenwald seconded the motion, which
carried with the following vote:
dB
AYES:
NAYS:
Councilmembers Hartzog, Baldwin, Marsh and Greenwald.
None
#8 RESOLUTION: Mayor Sawyer introduced a resolution and
read the caption as follows:
RESOLUTION NO. 89-R-9
A RESOLUTION BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS, AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT
FOR THE PURCHASE OF CERTAIN VEHICLES.
Mrs. Marsh moved to approve the resolution authorizing the City
Manager to enter into an Interlocal Agreement for the purchase of
certain vehicles. Mr. Greenwald seconded the motion, which
carried with the following vote:
AYES: Councilmembers Hartzog, Baldwin, Marsh and Greenwald.
NAYS: None
Mr. Sweatt said this action allows the City to enter into a joint
agreement with New Braunfel s, Garden Ridge and Selma for the
joint purchasing of city vehicles. New Braunfels will solicit
the bidsi but each entity will retain the right to award or not.
Mayor Sawyer added that Council is trying to save tax-payer 's
money.
# 9 CHANGE ORDER/WORK AGREEMENT:
Mr. Sweatt said staff recommends approval of a Change Order in
the agreement with Wagner & Sons Co. for relocating individual
residential water line services necessitated by the new water
line project in Rittimann Addition. The maximum amount of this
change order would be $8,700.00 actual cost is based on
footage.
Mr. Hartzog moved to approve the change order, in the amount not
to exceed $8,700. Mrs. Marsh seconded the motion, which carried
with the following vote:
AYES: Councilmembers Hartzog, Baldwin, Marsh and Greenwald.
NAYS: None
#10 RESOLUTION: Mayor Sawyer introduced a resolution and
read the caption as follows:
RESOLUTION NO. 89-R-I0
A RESOLUTION BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS, PLACING IN NOMINATION
CHARLES B. SHARPE, MS. MILDRED POWERS AND
,
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~~~~
WILLIAM (BILL) LITTLE, AS CANDIDATES TO SERVE
ON THE BOARD OF DIRECTORS OF THE GUADALUPE
COUNTY APPRAISAL DISTRICT.
Mr. Hartzog moved to approve the resolution nominating Chuck
Sharpe, Mildred Powers and Bill Little to serve on the Gaudalupe
County Appraisal District Board. Mrs. Marsh seconded the motion,
which carried with the following vote:
AYES:
NAYS:
Councilmembers Hartzog, Baldwin, Marsh and Greenwald.
None
# 11 CONTRACT FOR SERVICES: Consider and take action to
authorize execution of contract for services with Rimrock
Consulting Company and Ford Engineering Company for Capital
Recovery Impact Fee Study.
Mr. Sweatt said the contract is the resul t of the interviews
recently conducted with two companies to do the Impact Fee Study
to comply with Senate Bill 336.
Mr. Hartzog moved to authorize execution of contract for services
with Rimrock Consulting Company and Ford Engineering for a
Capi tal Recovery Impact Fee Study. Mr. Greenwald seconded the
motion, which carried as follows:
AYES:
NAYS:
Councilmembers Hartzog, Baldwin, Marsh and Greenwald.
None
#12 COMMITTEE APPOINTMENT: Mr. Sweatt said that under the
implementation of SB 336 for the Impact Study Program, it is
mandatory that Council appoint an Advisory Committee. The City
is authorized to utilize the Planning & Zoning Commission members
for this committee. Staff recommends appointing the members of
the Planning & Zoning Commission, with a codocil that one
additional member be named from our extraterritorial
jurisdiction.
Mr. Greenwald moved to approve the Planning and Zoning
Commission members be appointed as the Advisory Committee for the
Impact Study Program, with the addition of one person from our
ETJ. Mr. Baldwin seconded the motion, which carried as follows:
AYES:
NAYS:
Councilmembers Hartzog, Baldwin, Marsh and Greenwald.
None
#13 RESOLUTION: Mayor Sawyer introduced a resolution and
read the caption as follows:
RESOLUTION NO. 89-R-l1
A RESOLUTION BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS, SUPPORTING PENDING AND
PROPOSED LEGISLATION TO COMPEL THE STATE TO
40
REIMBURSE LOCAL UNITS OF GOVERNMENT FOR COSTS
INCURRED IN IMPLEMENTING STATE-IMPOSED
MANDATES.
Mrs. Marsh moved to approve the resolution as read. Mr.
Greenwald seconded the motion, which carried as follows:
AYES: Councilmembers Hartzog, Baldwin, Marsh and Greenwald.
NAYS: None
#14 CITY MANAGER'S REPORT: A. The Chamber of Commerce has
extended an invitation to the Mayor and Council Members to
participate in a Chamber membership drive on Tuesday or Wednesday
of next week to conduct a telemarketing campaign for membership
sales for the Chamber. Everyone to meet at the Herald offices.
B. Passed around some of the new letterheads with the logo.
C. Showed the audience the new Economic Development Task Force
brochure that is ready to be distributed.
D. Announced the Trade Fair is on October 19th, which is the
same day as the LCRA Tour. Members of the Economic Development
Task Force, as well as some of our staff, will be manning a booth
at the Blue Bonnet Palace.
E. The LCRA Tour is also on October 19th. We are hosting the
Tour beginning at approximately 2:30 p.m. for about 45 minutes.
We have a nice program planned and will be handing out T-shirts
wi th the logo on it and other items of interest. Mr. Lewis
Borgfeld will be the primary discussion leader, along with Mr.
Sweatt and Mr. Dave Walker from Cibolo.
Mr. Sharpe added that the Chamber will also be sponsoring a
workshop at the Blue Bonnet Palace the morning of the 19th, with
three people from the Department of Commerce putting on the
workshop.
#15 ITEMS BY COUNCIL:
Mr. Hartzoa announced that we have a new business in our city _
the Clear River Pecan Company on IH-35.
Mr. Greenwald reported on the second meeting of the Christmas
Decorating Committee, saYing things are really rolling along.
There will be some decorations around City Hall, some on the
tree. He said they have decorations planned for along Main
Street, with banners on Schertz Parkway. It is not going to be
as expensive as they had at first thought because a lot of
donations are coming in and they are getting a lot of cooperation
from a lot of people. They are also going to sponsor a prize
this year for the best decorated home.
)
# 16 ITEMS BY MAYOR: Mr. Sawyer advised that this past
weekend the Senior Citizens hosted a mini convention at the
Community Center, which was very interesting.
Also Combined Emergency Service Organization met Saturday night.
#17 ADJOURNMENT: Mr. Hartzog moved the meeting be
adjourned at 7:43 p.m.. Mr. Baldwin seconded the motion, which
carried with a unanimous vote.
ATTEST: