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ccreg 01-03-1989 ( 47 REGULAR SESSION OF THE CITY COUNCIL JANUARY 3, 1989 The Schertz City Council convened in Regular Session, Tuesday, January 3, 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, presidingi Earl P. Hartzogj Hal Baldwini Adolph Aguilar and Ken Greenwald. Absent: Ray Stanhope. Staff present were City Manager Kerry R. Sweatt and City Secretary June Krause. #1 APPROVAL OF MINUTES: A. Regular Meeting of December 6, 1988. B. Special Meeting of December 14, 1988. Mr. Hartzog moved to approve the minutes of the regular meeting of December 6, 1988 and the special meeting of December 14, 1988 as corrected. Mr. Greenwald seconded the motion. Mr. Baldwin requested that the minutes of December 6, 1988 item #10, first sentence of the third paragraph be corrected to read: "Mr. Sweatt said several other suggestions were received such as a driver for the senior citizen van - that has been taken care of i landscaping - there are some funds in general fund i swing sets, etc. for the park - this will be addressed in the park bonds." Mr. Baldwin also advised that the minutes of the meeting of December 14, 1988, item 10 - Mr. Greenwald A. the name of the middle school be corrected to read "Corbett". Mayor Sawyer then called for a vote on the motion, which carried as follows: AYES: Councilmen Hartzog, Baldwin, Aguilar and Greenwald. NAYS: None #2 HEARING OF RESIDENTS: Mayor Sawyer took this opportunity to advise that Mr. Stanhope is in the hospital and he wished him a speedy recovery. Mayor Sawyer al so welcomed Mr. & Mrs. Sweatt I s guest - their daughter- to the meeting and to Schertz. #3 BVYA CONTRACT: Mr. Greenwald moved to approve the renewal of the BVYA contract as presented. Mr. Hartzog seconded the motion, which carried with the following vote: AYES: NAYS: Councilmen Hartzog, Baldwin, Aguilar and Greenwald. None #4 ORDIHAlICE: Mayor Sawyer introduced an ordinance and read the caption as follows: \ 48 \1 ORDINANCE NO. 89-D-l AN ORDINANCE BY THE CITY COUNCIL ESTABLISHING SPEED LIMITS ON F.M. ROAD 482 FROM THE 1-35 EAST FRONTAGE ROAD NORTHWESTERLY TO THE NORTH CITY LIMITS AND REPEALING ALL ORDINANCES IN CONFLICT. Mr. Aguilar moved to approve the final readinq of an ordinance establishing speed limits on F.M. 482. Mr. Baldwin seconded the motion, which carried as follows: AYES: Councilmen Hartzog, BaldWin, Aguilar and Greenwald. NAYS: None #5 ORDIKANCE: 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 18-32 STOP INTERSECTIONS, PROVIDING FOR STOP STREETS IN SILVERTREE SUBDIVISION; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT. Mr. Baldwin moved to approve the first reading of an ordinance providinq for stop siqns in Silvertree Subdivision. Mr. Hartzog seconded the motion, which carried with the following vote: 1_- _-' AYES: Councilmen Hartzoq, Baldwin; Aquilar and Greenwald. NAYS: None #6 ORDIKANCE: 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 ZONING ORDINANCE NO. 87-S-1 TO CONFIRM THE REZONING OF LAND OUT OF GUADALUPE AND COMAL COUNTIES AND REFLECTING SUCH CHANGES ON CERTAIN ZONING MAPS IN ACCORDANCE WITH THE SCHERTZ ZONING ORDINANCE. Mr. Greenwald moved to approve the first reading of an ordinance on reconfirminq zoning in Comal and Guadalupe Counties. Mr. Aguilar seconded the motion, which carried as follows: AYES: Councilmen Hartzog, Baldwin, Aguilar and Greenwald. NAYS: None #7 ORDINANCE: Mayor Sawyer introduced an ordinance and read the caption as follows: ( 49 Mayor and Cyndi Whitson hereby agree the City of Schertz will pa Samuel CW1EtJl1tH\U..tlhES9~0!HE ~l~9:8~II9I(jlfln1-~e.t<!f>1\Y the sum f Two HundltJld 9C~ZI?Olr~, iYAME!ltll!N'~ ~~ Mn~CJ!E t~~Merganizat on will pr~AN~E OOIJU1l~nll~.y8, ~W~i<NbBIW1lJoM@nd va ous publ ici tYPAA~~J1o!t1A~~SB. !!3g eESMNtAN9fLO~m!oN~9aniza on 's performa~!MGg~A~:P-t:!-f>~g.. Competition activity." Mtt~YMe~ ~ \:%8 a~bf~geW@her~c!'drdm~li~ri>BfU4:h@f i8tHH'ffl9d & j~i~ijOWCo~~s~Y r~@rd<I~~ngtHEP st..m-a~@e f%C?!ml!\:i .n. M1pe B&PdWfJ4.lse<!end~8rYhehi\6@Ion~OwhEl~<cerr i~ as:>I}9jqTl.icm:i n in this endeavor. AYES: Councilmen Hartzog, Baldwin, Ag ilar Mr. ~zo~dftQved to enter into a ette of Samuel Clemens High School Cheerle dr. Mr. the motion, which carried with the f II win #8 FENCING EXCEPTION: Consid a d recomm~~~io~0~fiCAl~@ijuij9{t~Mi~l t for a ~~ing~ption to the Junk or Greenwald. ement with the aldwin seconded e: ke action on P&Z fI31!t (}f~~:@c s not as yet gotten that in wi ting. a~o't~i1!he d~ ofiort'tle o~ CKh . l~~!erhe law was ad e to the way to the city mi 0 PMrnnlWcrt~wa l1~W.Pn 0 r 8ftttft ~ f~~~~Oj)equ!Ved . l~ limits. AYES: Mr. A<J@iYPcrr ~d to exception on the ncing on Greenwald seconded th mo #11 EXECUT VE S SION: Mayor Sawyer called an Executive M~~S~ci-PdWi\HlcWk !. . ~~\IM 'beS~tclRiln2l1~ ~c~e{80~he effCfs lffl\.yt!-S- &tClj"tglt &n: 8 l:Se11l:x j>~vS~yC!efic~.itlMzt.hESw~!t~ Hfd>r'p~y w~nfiBi ai'i q ~~ga~~Ri8g!hen~~~i~able and to the property wn d by Mr. Bob Sweeney. Mr. Simonson said it w(J'!1:N~ . Ft' ~a&r~nF~~ ~ri&8lPn~'of sight down the side. Mr. Sweatt said we have. been d ~hat the adjoiniDg propertfY.Oow"gpSligeli~bin:::~~q~. a ea<5a!~n t<Hatncwte ~~n itowaDe~~~~d that this be confir in writing, but we have have reviewed the request e,f~c~rop~cr{y .nam!l!g tff-~e would have to be fenced all o the air force base. The n oI1.i. rthbPi 1 + tEWl Wd ll~~ko ~@lkth ~ t ttwofDe.f.:d.19%n ~ €-6lr~dcity , Baldwin, Aguilar and Greenwald the P&Z recommendation on the the Auto Parts property. Mr. ~:q e~n'o~a~ev~.i6w ,thief ~~qMsa:wl1!i.cRnc~!1Ms executive session, item '11. ' u%;e!qm@~ aA:~liFFat'~a:~~<(f3~. M~Yet-nsi~f~r gave ~~lm>cfu ttwa~~cand>fBA'M~fW Ridge annexation. # # ~3gT'J.'iiT~FMAMEItiir~EP@artSidJt~'fllae t!k@eabl!ioRo81Wib~~~ef>f ofh M~ s.;;.Petfbsam~f~PertMwi f\lPc;1l+t. 8P ~e~P~~9 meeting on hursday, January 5th. Ma or Sawyer asXed the Gbeer~~aders present to com~ to the front hJh&~rf~a'd>rt1r~uFettet'i~f H1q~~enT~t1f-l\lJNfcYh l~~de<ftb~Os!l.pi~!TI' 'NtlWS~He~E'~~e,T~K@spWFt~@~S~bYthis agreement represented by the ( ;)0 ~ AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AMENDING THE MOBILE HOME ORDINANCE NO. 87-S-8, SECTION XI, MOBILE HOME PARKS, PARAGRAPH B.2.g DESIGN AND LOCATION OF STORAGE FACILITIES. Mr. Greenwald moved to approve the recommendation of the Planning & Zoning Commission regarding the storage facilities. Mr. Baldwin seconded the motion, which carried as follows: AYES: Councilmen Hartzog, Baldwin, Aguilar and Greenwald. NAYS: None #8 FEBCING EXCEPTION: Consider and take action on P&Z recommendation on a request by Mike Knotts of FM 1518 Auto Parts for a fencing exception to the Junk Yard ordinance. Mr. Sweatt said we have been notified that the adjoining property owner does join the request. He said that at workshop it was requested that this be confirmed in writing, but we have not as yet gotten that in writing. We have reviewed the request as to the concern on the back side of the property. If the letter of the law was adhered to, it would have to be fenced all the way to the city limits or to the air force base. The Planninq and Zoninq 'recommendation is only with line-of-siqht fencing be required and we waive that portion on back to the city limits. Mr. Aguilar moved to approve the P&Z exception on the fencing on the Auto Greenwald seconded the motion. recommendation on Parts property. the Mr. Mr. Baldwin asked if this would be a chain link fence to the city limits or is it goinq to be a privacy fence. Mr. Sweatt said it would be a chain link fence adjacent to the horse stable and to the property owned by Mr. Bob Sweeney. Mr. Simonson said it would be privacy fence on the frontaqe and line of sight down the side. Mayor Sawyer then called for a vote on the motion, which carried as followSi AYES: NAYS: Councilmen Councilman Aguilar and Greenwald and Mayor Sawyer Hartzog and Baldwin #9 LETTER OF AGREEMENT: Consider and take action on Letter of Agreement with Samuel Clemens High School Cheerleaders. Mayor Sawyer asked the cheerleaders present to come to the front and he then read the letter of agreement, which ended by saying: "NOW THEREFORE, the parties to this agreement represented by the ( 5] Mayor and Cyndi Whitson hereby agree the City of Schertz will pay Samuel Clemens High School Cheerleader Organization the sum of Two Hundred Fifty Dollars in return for which the organization will provide a community identification sign and various publicity acknowledgments as a part of that organization's performance at the National Competition activity." Mayor Sawyer told the girls we are all really proud of them and just know that they are going to win the competition. The Council is very happy to support the organization in this endeavor. Mr. Hartzog moved to enter into a Letter of Agreement with the Samuel Clemens High School Cheerleaders. Mr. Baldwin seconded the motion, which carried with the following vote: AYES: NAYS: Councilmen Hartzog, Baldwin, Aguilar and Greenwald. None #10 NEWSLETTER: Consider and take action on name selection for newsletter. Council discussed some of their preferences for naming the newsletter. Mr. Hartzog moved to table action on this item and talk about it at Workshop. Mr. Aguilar seconded the motion, which carried. AYES: Councilmen Hartzog, Baldwin, Aguilar and Greenwald NAYS: None #11 EXECUTIVE SESSION: Mayor Sawyer called an Executive Session under Article 6252-17, Section 2 (e) of Vernon's Texas Civil Statutes at 7: 19 p.m. to discuss with the City Attorney pending litigation regarding Garden Ridge annexation. The Regular Meeting was reconvened at 7:38 p.m. # 12 Consider and take action, if necessary, on matters discussed in executive session, item '11. Mayor Sawyer said no action was taken since Mr. Spain just gave Council an update on the subject of Garden Ridge annexation. #13 CITY MANAGER'S REPORT: A. The steering committee of the United Suburban Cities have notified us of a planning meeting on Thursday, January 5th. B. The Corridor Council will meet on January 13th at 10:00 a.m. at South West Texas University. \ 52 ~ #14 ITEMS BY COUNCIL: Mr. Aguilar reminded everyone of the Schertz Library and Humane Society benefit dance and auction on February 4, 1989 at the V.F.W. Hall. Mr. Greenwald announced the SAFES Annual Jamboree on February 5th from 3:00 to 7:00 p.m. at the V.F.W. Hall. Mr. Greenwald said the Cibolo Valley Alcohol ic and Drug Abuse would be having another seminar at the Library on January 19th at 8:30 p.m. #15 ITEMS BY MAYOR: Mayor Sawyer said that since we just closed out 1988, he would like to say something about some of the really good things that happened in the City. 1. The Opening of Schertz Parkway 2. Passage of bonds for Streets and Parks 3. The 3000 foot expansion of the library 4. The two water tanks in Schirmerville and on East Live Oak Road are sure signs of growth in our city. 5. The formation of an Economic Development Group under the leadership of Councilman Earl Hartzoq is sure to bring business to our city. 6. During the year we lost our City Manager, Mr. Jim Gilmore. 7. With the help of a citizens committee we then hired Mr. Kerry Sweatt as our City Manaqer. Mr. Sweatt has proven to be a leader that has brought many new procedures to our city, not the least of which is the revampinq of our police department and the hirinq of our new fine Chief, Mr. Aqee. 8. An informative, well-written newsletter is now in place, under the leadership of Mr. Hartzog, Mr. Sweatt and Mr. Tom Dovey and staff. 9. Durinq the year we lost an old and able friend and attorney, Mr. Richard Harris. Mr. Harris has been replaced with Mr. Michael Spain. 10. In the future we will be dealing with New Braunfels on a sewer line to I-35. 11. We look forward to the Planning & Zoning Commission revamping our City Plan under the leadership of Mr. Greenwald, who is very active with Planninq and Zoning. 12. We will also be looking forward to the revamping of our fire department. Mayor Sawyer said he planned on asking the Council to go out for some Public Service Bonds for this. 13. The operation of SAFES with the able assistance of Mr. Hal Baldwin. 14. An audit committee was formed made up of the Mayor, Mr. Baldwin, Mr. Sweatt and the auditor. 15. The Beautification of City Hall, which is a project undertaken by Mr. Stanhope - we are soliciting donations for this project. ( 53 16. We also intend to settle our border dispute with Garden Ridge as gently as possible. As you can see, the City Council is effectively producing results for your city. #16. ADJOURNMENT: adjourned at 7:49 p.m. unanimously carried. Mr. Baldwin moved the meeting be The motion was duly s conded and ATTEST: \