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REGULAR MEETING OF THE CITY COUNCIL
AUGUST 15, 1989
The Schertz City Council convened in Regular Session, Tuesday,
August 15, 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 Hartzog; Hal Baldwin; Barbara Stanhope; Mary Marsh and Ken
Greenwald. Staff present were City Manaqer Kerry Sweatt and City
Secretary June Krause.
After welcoming everyone to the meeting, Mayor Sawyer read a
proclamation desiqnating the week of September 17th through 23rd
as "Constitution Week". The proclamation was presented to Mrs.
Donald Ellis, on behalf of the DAR.
Mayor Sawyer then recognized Craig Copeland and Cary Dodd as 1989
Texas Super Guards. He mentioned that Craig Copeland was the
coach of the Schertz swim team.
#1 PUBLIC HEARINGS: The City Council and Planning & Zoning
Commission to hold Joint Public Hearings to receive citizen input
on the following amendments to the Zoninq Ordinance:
Mayor Sawyer opened the public hearing and turned the meeting
over to Ty Brisgill, Chairman of the Planning & Zoning
Commission.
Mr. Brisgill gave the purpose of the public hearing, as beinq to
recei ve citizens comments on the four proposal s. After the
public hearings, the Planning & Zoning Commission will have 10
days to consider and make recommendation to the Council. He
reminded everyone that if they wished to speak on any or all of
the items now is the time, because after the public hearinqs no
further comments will be received.
A. Article XXV, Sections 2 & 7, requlatino non-conforming
uses and chanoe in ownership or tenant.
Mr. Brisqill said what this amendment says is if a person has a
non-conforming use, that non-conforming use will not be
transferred if the property is sold.
There were no citizens wishing to speak on this amendment.
B. Article XXIII, Section 2 Changes in Amendments.
Mr. Brisqill explained this amendment states that when someone is
seeking a change to the setback requirement, the request does not
have to meet all four reasons required for rezoninq, just anyone
of the reasons.
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There were no citizens wishing to speak on this amendment.
C. Article XXVI, Section 5, Adult-oriented Businesses and
appendix A Schedule of Uses, General Business District.
Mr. Brisgill said this is a rather lengthy amendment, but what it
amounts to is that at the present time, we have no control or
regulations on Adul t-or iented businesses. This amendment sets
these guidelines.
Mr. Leon Davis asked what this really covers.
Mr. Brisgill read the definition as follows: "Adult-oriented
Business means an adul t arcade, adul t bookstore, adult video
store, adult cabaret, adult motel, adult motion picture theater,
adult theater, escort agency, massage parlor, nude model studio
or love parlor or other commercial enterprises the primary
business of which is the offering of a service or the selling,
renting, or exhibiting of devices or any other items intended to
provide sexual stimulation or sexual gratification to the
customer."
Mr. Davis asked if the city intends to prohibit such places and
Mr. Brisgill said that by law we could not prohibit but could
regulate and it would have to be their primary business.
Mr. Brisgill said one example would be that such a business could
not be located within 1,000 feet of churches, schools, a boundary
of a residential district, a public park adjacent to a
residential district or another adult-oriented business.
Mr. Sweatt said it is the intent of this ordinance to provide for
the land use. As we follow up, there will be licensing and
permits to establish the type of control.
D. Article XXIII, Section 4, Public Notice & Procedures for
amendments.
Mr. Brisgill said that basically what this is doing is for all
future zoning public hearings, the Planning & Zoning Commission
will have one public hearing and make recommendation to the City
Council, who will then hold their separate public hearing on the
same subject.
There being no further citizen comments, Mayor Sawyer declared
the public hearings closed at 7:17 p.m. and called for a short
recess.
The Regular Session was reconvened at 7:22 p.m.
# 2 APPROVAL OF MINUTES:
regular meeting of 7-18-89.
Special Meeting of 7-12-89 and
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Mrs. Marsh corrected the spelling on 7 words and asked that the
second sentence of the first paragraph of item #8 of the minutes
of the Special Session of July 12, 1989 be corrected to read as
follows: "He said he serves on the audit committee and one of
the things he stressed when talkinq to the auditors was that
there would not be any more surprises."
Mr. Hartzog moved the minutes of the special meeting of July 12th
and the regular meeting of July 18, 1989 be approved as
corrected. Mr. Baldwin seconded the motion, which carried with
the followinq vote:
AYES: Councilmembers Hartzog, Baldwin, Stanhope, Marsh and
Greenwald.
NAYS: None
#3 HEARING OF RESIDENTS: None
#4 ORDINARCE: Mayor Sawyer introduced an ordinance and
read the caption as follows:
ORDINANCE NO. 89-D-21
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS, PROVIDING THAT THE CODE OF
ORDINANCES, CITY OF SCHERTZ BE AMENDED BY
REVISING SECTIONS 18-75 AND 18-76 OF SAID
CODE; PROVIDING FOR EXTENDED SCHOOL ZONES.
Mr. Sweatt asked that the portion in the ordinance referring to
East Aviation Boulevard be excluded.
Mrs. Marsh moved to approve the final consideration of an
ordinance amendinq the Code by revisinq Sections 18-75 and 18-76
providing for school zones. Mr. Greenwald seconded the motion.
Mr. Hartzog said he was not pleased with the distance on Schertz
Parkway.
Mr. Sweatt said the zone extends from a point approximately 94
feet South and East of Pecan Drive to a point approximately 132
feet South and East of Curtiss Avenue, durinq the posted school
zone hours at 20 miles per hour. Mr. Sweatt briefly went over the
other schools zones as well, saying we are askinq that the school
zone on Jack Hays Boulevard be deleted until we can get
justification from the Hiqhway Department.
Mr. Greenwald mentioned the school zone on FM 78, saying the
children are now bussed to school. Mr. Baldwin agreed that it is
designated as a hazardous road but did not think it wise to
remove it at this time.
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Mayor Sawyer then called for a vote on the motion and the motion
carried with the following vote:
AYES: Councilmembers Baldwin, Stanhope, Marsh and Greenwald
NAYS: Mr. Hartzog
#5 ORDINANCE: Mayor Sawyer introduced and ordinance and
read the caption as follows:
ORDINANCE NO. 89-D-22
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS, PROVIDING THAT THE CODE OF
ORDINANCES BY AMENDED BY REVISING SECTION 18-
131 PROVIDING FOR TRAFFIC SAFETY HAZARDS.
Mr. Greenwald moved to approve the final reading of an ordinance
revising Section 18-131 of the Code. Mr. Baldwin seconded the
motion.
Mr. Sweatt explained that this sets up a visible triangle that
goes 25 feet down each street curb line for corner lots.
Anything over 36 inches above the roadway in this triangle would
be a hazard and the owners would be notified -by the City to
remove the hazard. If the owner failed to remove it, the City
could have it removed and file a lien against the property.
Mayor Sawyer then called for a vote on the motion and the motion
carried by the following vote:
AYES: Councilmembers Hartzog, Baldwin, Stanhope, Marsh and
Greenwald.
NAYS: None
#6 ORDINANCE: Mayor Sawyer introduced an ordinance and
read the caption as follows:
ORDINANCE NO. 89-M-23
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS, PROVIDING THAT THE CODE OF
ORDINANCES, CITY OF SCHERTZ, BE AMENDED BY
REVISING SECTION 2-8 OF SAID CODE, PROVIDING
FOR COMPETITIVE BIDS FOR PURCHASES AND SALES.
Mr. Hartzog moved to approve the final reading of an ordinance
amending the code Section 2-8 on competitive bids. Mrs. Stanhope
seconded the motion.
Mr. Sweatt advised that this ordinance would bring us more nearly
in line with State law, that purchases up to $5,000 can be
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written informal bids rather than sealed bids. It also provides
the adopting of the State law exempting from the competitive
bidding requirement personal property bouqht at an auction;
bought at a going-out-of-business sale; or bouqht from another
political subdivision, the state, or the federal qovernment.
Mayor Sawyer then called for a vote and the motion carried as
follows:
AYES: Coucilmembers Hartzog, Baldwin, Stanhope, Marsh and
Greenwald.
NAYS: None
#7 ORDINAlfCE: Mayor Sawyer introduced an ordinance and
read the caption as follows:
.
ORDINANCE NO. 89-F-24
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 ARTICLE IV MANDATORY WATER
CONSERVATION, SECTION 19-81.
Mr. Hartzog moved to approve the final reading of an ordinance
amending the Code, Article IV, Section 19-81 Mandatory Water
Conservation. Mr. Baldwin seconded the motion, which carried
with the followinq vote:
AYES: Councilmembers Hartzog, Baldwin, Stanhope, Marsh and
Greenwald.
NAYS: None
#8 CITY MANAGER' S REPORT: A. In answer to a question
raised concerninq the pipe line beinq on our tax rolls, we are
checking to be sure it was picked up at the time of annexation.
B. We were notified today that the Highway Department will be
closing FM 3009 at the intersection of FM 78 for about six hours
the following morning to repair the railroad crossing. They will
begin about 8:00 a.m.
C. Make an official announcement that Mr. Sweatt had asked Mr.
Tom Dovey to calculate and publish the tax rate for the City. He
is certified Tax Assessor.
#9 ITEMS BY COUlfCIL: Mrs. Marsh suqgested that on the
closing of the road, we notify KSAT-TV news and qet it on the
radio. Mr. Sweatt said the Hiqhway Department does that.
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B. It has corne to light this evening of something that is
vitally important. We want people to corne to our public hearings
but it must be meaningful to them. When these items corne up, the
citizens need to understand what is going on in these meetings.
#10 ITEMS BY MAYOR: None
#11 ADJOURNMENT: Mr. Baldwin moveg the meeting be adjourned
at 7:42 p.m. The motion was duly seconded and unanimously
carried.
ATTEST:
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