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ccreg 04-18-1989 146 ~ REGULAR MEETING OF THE CITY COUNCIL APRIL 18, 1989 The Schertz City Council convened in Regular Session, Tuesday, April 18, 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 P. Hartzog; Hal Baldwin; Barbara Stanhope; Adolph Aguilar and Ken Greenwald. Staff present were City Manager Kerry R. Sweatt and City Secretary June G. Krause. Mayor Sawyer welcomed Charlotte Covey and Patty Day, two student from the Samuel Clemens Government Class to our meeting. Mr. Sawyer then announced that this is Volunteer Week and expressed how proud the Council is of all the various volunteers of the City. He told them he wanted all of them to know just how much the Council depends on all of them and their volunteer work. He then presented a special Certificate of Appreciation to David Arneson of the Library Board for all his volunteer time on planning, supervising and contracting work on the new library addition. Mayor Sawyer ended by saying we are very proud of our long association with the Library Board. #1 PUBLIC HEARINGS: The City Council and members of the Planning & Zoning Commission to hold joint hearings to receive citizen input on the following: r--' A. Request by Earl W. Sawyer for an exception to the zoning ordinance setback requirements. Mayor Sawyer stepped down, as he was directly involved in one of the hearings, and turned the meeting over to Mayor Pro Tem Adolph Aguilar. Mr. Aguilar opened the hearing and turned the hearing over to the Chairman of the Planning & Zoning Commission, Ty Brisgill. Mr. Br isgill again gave the purpose of the hearing. He then advised the citizens that if anyone had anything to say on this subject to speak now as this would be the last public input received. After the hearing, the Planning & Zoning has ten days in which to present a recommendation to the Council, who will act on the subject at their next meeting. Mr. Simonson advised that, per requirements of the zoning ordinance, everyone within 200 feet of Mr. Sawyer's property were sent letters regarding this request. Nineteen letters were sent out, 7 returned - all in favor of the request. No negative responses were received. The neighbors on either side of this property had no objections. There are several carports in this area and they are allowed in R-2 zoning, which this is. ,~ \ j ( 147 Mr. Chuck Sharpe said Council has recently passed an ordinance that is designed to make the City neater and cleaner. Before you grant this request, look closely at what this city would look like if Council allowed everyone to build this close to the property line. Mr. Brisgill then asked if anyone on the Council wished to address this subject. Mr. Hartzog asked if the Council had ever granted this type variance to anyone else. Mr. Bob Andrews said he knew of three in that neighborhood. Mr. Baldwin said there has been a proliferation of carports that have been built in the city where the owners did not get permits. The Mayor is going through the proper procedures. Mr. Andrews said a lot of the carports of the metal type do not add to the aesthetic of the neighborhood. Mr. Hartzog then asked if these requests came before Council. Mr. Andrews said not the new construction but replacements did. Mr. Simonson said that about two years ago the Council did grant a variance for the exterior of a house into the setback. Mr. Ty Brisgill added that the only carports he knows of have completely open sides. There being no further discussion, this hearing was closed at 7:12 p.m. B. public hearing to consider the new zoning map. Mr. Brisgill first thanked Mr. Simonson, Mr. Willman and Ford Engineering for the many hours they spent researching this. He then pointed out the new map, explaining the great difference between this one and the old map we were using. Mr. Simonson said the old map did not show the entire city - it did not have the Shirmerville area on it. He explained that when they went back to define the different zonings, they did extensive research on areas in question. He said staff believes now it is a very accurate map. Another feature is that when there is a zoning change, the entire map does not have to be done over, Ford Engineering can just make strips for the changes at no cost. Mr. Chuck Sharpe said it is evident that Mr. Simonson, Mr. Willman and Ford Engineering have done a lot to get this zoning map to this state. He said he recommended approval and this is something that can be used by the Task Force to promote the City. Mr. Aguilar agreed, adding that the colors make it easier for Council and citizens to define the different zonings. \ ~ 148 ~ Mrs. Marsh said that when you take this very well done zoning map and put it with a very viable Community Plan, it will place Schertz at the very top in the State of Texas. \ There being no further discussion, the public hearing was closed at 7:18 p.m. Mayor Pro Tern Aguilar then called a short recess. Mayor Sawyer reconvened the Regular Meeting at 7:23 p.m. #2 PUBLIC HEARING: Mayor Sawyer gave the purpose of the public hearing as being to receive citizen input on the request by Cindy Boeck to change the name of Weichold/Binz-Englemann Road to "Scenic Lake Drive". He then asked if anyone would like to speak on this subject. Mrs. Cindy Boeck of 5035 Weichold Road, said of course she is far the change since she recommended it. She said there are two other roads in the area with the same names and they have had trouble in the past with emergency services. Now that the City has gone back into 9-1-1 Service, they want to be sure there will be no mix up in case of emergency. She went on to say that Mr. Simonson has sent out letters to everyone in the area and received no negative responses. Mr. Hartzog asked about a portion of this road that is outside our city limits, saying we would have to get joint approval from the other entity to change the name. Mrs. Boeck explained that this road ends at the lake and although San Antonio maps show the road as going through to F.M. 1604, it would have to go over or under the lake to get there. She has talked with the Planning Department at San Antonio, but has not been successful in getting them to correct their maps. The road definitely does not go through to F.M. 1604. Mayor Sawyer said he was all far changing the name and received a concensus of Council that they had no objection. Mr. Sawyer advised Mrs. Boeck that Council would vote on this item at the Workshop meeting the fOllowing Wednesday evening. There being no further discussing, Mayor Sawyer closed the publ ic hearing at 7:29 p.m. #3 APPROVAL OF MINUTES: Special Meeting of 3-29-89. Mr. Hartzog moved to approve the minutes of the Special Meeting of March 29, 1989. Mr. Greenwald seconded the motion. Mr. Aguilar called attention to the misspell ing of the word "leach" in the 3rd paragraph of #11 of these minutes. ( 149 Mayor Sawyer then called for a vote and the motion carried as follows: AYES: Councilmembers Hartzog, Baldwin, Stanhope, Aguilar and Greenwald. NAYS: None #4 HEARING OF RESIDENTS: There were no citizens wishing to speak; but Mayor Sawyer took this opportunity to welcome everyone to the meeting. #5 ORDINANCE: Mayor Sawyer introduced an ordinance and read the caption as follows: ORDINANCE NO. 89-M-14 AN ORDINANCE PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS, BE AMENDED BY REVISING CHAPTER 12 1/2, ATTACHMENT "B", PROVIDING FOR THE USE AND REGULATIONS OF SWIMMING POOL FACILITIES AND REPEALING ALL ORDINANCES IN CONFLICT. Mr Hartzog IDgved to approve the ordinance regulating swimming pool facilities. Mr. Baldwin seconded the motion, which carried with the following vote: AYES: Councilmembers Hartzog, Baldwin, Stanhope, Aguilar and Greenwald. NAYS: None #6 ORDINANCE: 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, ARTICLE V, SINGLE FAMILY DWELLING DISTRICT REGULATIONS R-l, SECTION 3.9; ARTICLE VI, SINGLE FAMILY DWELLING DISTRICT REGULATIONS R-2, SECTION 3.9; ARTICLE VII, SINGLE FAMILY SWELLING DISTRICT REGULATIONS R-6, SECTION 3.9; MANUFACTURED HOUSING DISTRICT REGULATIONS R- 7, SECTION 3.9; ARTICLE IX, TWO FAMILY DWELLING DISTRICT R-3, SECTION 3.9; ARTICLE X, APARTMENT/MULTI-FAMILY DWELLING DISTRICT R-4, SECTION 3.9; ARTICLE XI, GARDEN HOME DWELLING DISTRICT R-5A AND R-5B, SECTION 4.10 AND SECTION 6. 10; ARTICLE XKV, OFFICE AND PROFESSIONAL DISTRICT, SECTION 5.8; ARTICLE XV, NEIGHBORHOOD SERVICES DISTRICT, SECTION 5.9; ARTICLE XVI, GENERAL BUSINESS DISTRICT, SECTION 5.8; ARTICLE XIX, PLANNED UNIT DEVELOPMENT, SECTION 1.1, ITEM 9 AND PROVIDING A REPEALING CLAUSE. \ 150 Mr. Greenwald moveg to approve the first reading of an ordinance amending the zoning ordinance regulating wall heights. Mr. Aguilar seconded the motion. Mr. Baldwin asked if the question as to whether the 8 foot is measured from the ground had been answered. Mr. Sweatt advised that the definition from the building code is that the measurement is from the foundation to the rafters. Mayor Sawyer then called for a vote on the motion before Council and the measure carried as follows: AYES: Councilmembers Hartzog, Baldwin, Stanhope, Aguilar and Greenwald. NAYS: None #7 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 7-14 OFFICE OF CHIEF CREATED; APPOINTMENT OF CHIEF, OF SAID CODE AND PROVIDING A REPEALING CLAUSE. Mr. Aguilar moved to approve the first reading of an ordinance revising the code, Section 7-14. Mr. Baldwin seconded the motion, which carried with the following vote: AYES: Councilmembers Hartzog, Baldwin, Stanhope, Aguilar and Greenwald. NAYS: None Mayor Sawyer explained that this ordinance is merely to make the code comply with the charter. #8 BID AWARD: Consider and take action on awarding bid on ambulance chassis. Mr. Sweatt advised that W & W Inc. of Seguin were the onl y bidders. They placed two bids - one in the amount of $28,500 with trade in and the other for $30,000 without trade. Based on our need to dispose of the old chassis, we recommend the bid of $28,500 with trade in. Mr. Baldwin moved to accept the bid from W&W Inc. in the amount of $28.500 on the chassis. Mr. Greenwald seconded the motion, which carried with the fOllowing vote: ( 151 AYES: Councilmembers Hartzog, Baldwin, Stanhope, Aguilar and Greenwald. NAYS: None # 9 ECONOMIC DEVELOPMENT TASK FORCE: action on the following: Cons ider and take A. By Laws. Mr. Sweatt said these by laws include the changes recommended by the attorney. These proposals have been reviewed on two occasions by the Task Force and the City Attorney. Mr. Sweatt then went over some of the high lights of the by laws. Mr. Hartzog moveg to Development Task Force. carried as follows: approve the By Laws of the Economic Mr. Baldwin seconded the motion, which AYES: Councilmembers Hartzog, Baldwin, Stanhope, Aguilar and Greenwald. NAYS: None B. Team Goals and objectives Mr. Sweatt said these were sent to Council as suggestions. At one time it was thought they should be part of the By Laws but the Task Force thought they should be more flexible. Mr. Sweatt recommended approval. Mr. Aguilar said he felt these were excellent goals and objectives and can be amended if in the future they feel there is something they want to add. Mr. Aguilar then moved to approve the Task Force Team Goals and objectives. Mr. Greenwald seconded the motion, which carried as follows: AYES: Councilmembers Hartzog, Baldwin, Stanhope, Aguilar and Greenwald. NAYS: None C. LOGO Mr. Sweatt recalled at the last workshop there was some questions about the shape and size of the airplane, which correction was made. He advised that three al ternatives have been prepared also. He said we believe the adoption of a logo will give name identification and will speak for our whole community. It is imperative that we speak with one united front. This presents an excellent image and the colors are significant because they are rich and also the colors of the local high school. Mr. Baldwin asked if the green stripe on the pol ice vehicles would have to be changed. Mr. Sweatt said no as it is a very dark green and would be no conflict. \ ]52 ~ Mr. Baldwin then said he fel t the high school would be very appreciative of the fact this logo adopts their colors. Mr. Hartzog moved to approve the logo presented as the first logo of the City of Schertz. Mr. Aguilar seconded the motion, which carried with the following vote: AYES: Councilmembers Hartzog, Baldwin, Stanhope, Aguilar and Greenwald. NAYS: None #10 LEGISLATIVE ACTION: following legislative matters: Consider and take action on the A. Federal legislation regarding sales tax on certain mail order sales. Mr. Baldwin moved to endorse and encourage adoption Bellas Hess legislation. Mrs. Stanhope seconded the which carried with the following vote: of this motion, AYES: Councilmembers Hartzog, Baldwin, Stanhope, Aguilar and Greenwald. NAYS: None B. Constitutional amendment J.J. Resolution #2 by State Representative Dan Morales regarding payment for state mandated programs. Mr. Baldwin moved to endorse and encourage the adoption of this Morales bill. Mr. Hartzog seconded the motion, which carried as follows: AYES: Councilmembers Hartzog, Baldwin, Stanhope, Aguilar and Greenwald. NAYS: None C. H.B. 1925 regarding annexation practices. Mr. Greenwald moved to reject H.B. 1925 concerning the tightening of annexation provisions. Mrs. Stanhope seconded the motion, which carried with the following vote: AYES: Councilmembers Hartzog, Baldwin, Stanhope, Aguilar and Greenwald. NAYS: None D. S.B. 390, H.B. 957, employer/employee relations. S.B. 1476 et all regarding Mr. Aguilar moved to, by minute order or resolution, express our displeasure and opposition to any bills that would tend to erode further employer/employee relationships or any legislation that ( l'Ir-::o _" ac~ would inter fer with control of personnel matters within the city. Mr. Baldwin seconded the motion, which carried as follows: AYES: Councilmembers Hartzog, Baldwin, Stanhope, Aguilar and Greenwald. NAYS: None #11 CITY MANAGER'S REPORT: A. We have a proclamation concerning the Village Oaks Regional Hospital that we felt was of such importance to the city, the entire Council should sign it. Mayor Sawyer said it seems some of the basic services at the Village Oaks hospital are disappearing. We want to send this proclamation in support of a Community hospital with full services. He said that he was told by Mr. Blanchard that if they lose the obstetrics now, it will be years before it is ever brought back to the hospital. Mayor Sawyer said this hospital is easily on a par with Northeast Baptist and if they do away with obstetr ics at this hospital, the young people will have to go another 15 or 20 miles to get to a hospital. Mayor Sawyer then read the proclamation, which states in part: "Be it expressed by the City of Schertz, that: Village Oaks Regional Hospital continues to be recognized as our 'Community Hospital' and we encourage all citizens to be aware of the quality of services available through the organization." B. There will be a meeting on the 24th of this month at 9:30 a. m. in the Commissioners Court Room in Seguin, in which Judge Sagebiel and the Commissioners can receive information on the proposed San Antonio/Austin Corridor Project. # 12 ITEMS BY COUNCIL: Mr. Hartzoq: A. one of the legislations Council had wanted to talk about was the "Stay in School" bill. Mr. Sweatt said he had not been able to get the information on that bill but would have something for the next meeting. B. he welcomed the students from Samuel-Clemens High School. Mr. Baldwin asked where the King property, referenced in a letter in the packets, was located. Mr. Sweatt said it was the old Coach Building on F.M. 1518. Mr. Greenwalq announced there would be a Cibolo Valley Alcohol and Drug Abuse seminar Thursday at the library at 7:00 and the topic would be "Alcohol and Intimacy". #13 ITEMS BY MAYOR: none \ 154 # 14 ADJOURNMENT: Mr. Baldwin moved the meeting be adjourned at 8:04 p.m. - the motion was duly seconded and carried unanimously. ATTEST: