4-2-1985
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REGULAR MEETING OF THE CITY COUNCIL
APRIL 2, 1985
The Schertz City Council convened in Regular Session, Tuesday,
April 2, 1985, at 7:00 p.m. in the Council Chambers of the
Municipal Complex, 1400 Live Oak Road. The following members
were present: Mayor Earl W. Sawyer, presiding; Hal Baldwin; Ross
Hoover; Adolph Aguilar and Ken Greenwald. Absent: Mayor Pro Tem
Charles B. Sharpe. Staff present were City Manager Jimmy G.
Gilmore and City Secretary June G. Krause.
Before starting the regular meeting, Mayor Sawyer called Mr.
Fritz H. Rusch forward and presented him with a plaque for his 27
years of continuous service to the Fire Department as a fireman
and Fire Marshal. Mr. Rusch, after thanking the Mayor and
Council for the recognition, said that he would only be retiring
from Fire Marshal. He would still be a member of the Volunteer
Fire Department.
BOARD OF ADJUSTMENT HEARING: Mayor Sawyer said the hearing was
to receive input before considering the appeal for a Special
Exception to the Zoning Ordinance to permit placement of a 12' x
40' advertising billboard at the intersection of Hubertus Road
and IH 35.
Mr. Steve Taylor from New Braunfels, representing Corridor
Advertising, along with Mr. Archie Heimer and the property owner
Fritz Slaughter were present. Mr. Taylor said they realize there
is an ordinance prohibiting a billboard but their appeal is based
on the fact that the ordinance has not been followed rigorously
within the boundaries of the city. They feel that the sign would
not have a negative affect on the city because of its proposed
location. They feel the City is using selective enforcement of
the ordinance. The sign company is required to follow rigid
State laws and they asked the Council to consider granting the
variance.
In answering questions of Council, Mr. Taylor said the sign would
be a mono pole sign with the bottom of the sign being 35 feet
from ground level. He said the sign would possible advertise
either a motor company from New Braunfels or a Real Estate
Company from San Antonio.
Mr. Greenwald said that Planning and Zoning reviewed the request
and ordinance and recommend the ordinance be enforced and the
sign be disapproved. He also said that P&Z are in the process of
rewriting the sign ordinance.
After lengthy discussion on the request, Mr. Greenwald made a
motion to accept the recommendation of the Planning and Zoning
Commission and disapprove the var iance request. Mr. Aguilar
r- seconded the motion.
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Mr. Baldwin said that he realized this is in the city limits and
that the Council is trying to get some control; but he feels this
is kind of selected enforcement.
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Mr. Greenwald said that if Council grants the variance, he feels
the City would be inundated with similar requests. Mr. Gilmore
said he has four more at the moment.
After discussion, Mayor Sawyer called for a vote on the motion,
which carried with the following vote:
AYES: Councilmen Hoover, Aguilar and Greenwald
NAYS: Councilman Baldwin
.1 APPROVAL OF MINUTES: Mr. Baldwin moved to accept the
minutes of the Special Workshop Meeting of March 13, and the
Regular Meeting of March 19, 1985. Mr. Greenwald seconded the
motion which carried as follows:
AYES: Councilmen Baldwin, Hoover, Aguilar and Greenwald
NAYS: None
.2 HEARING OF RESIDENTS: Mr. Stegman of 69 Robert Stevens
Drive, said he has lived here for ten years. His complaint is
that Guadalupe Valley Electric Cooperative came down the easement
in back of his home and cut down all the trees. He said he
called GVEC and they said they have the right to do that. He D'
said he realizes that the easement is not really his even though
he pays taxes on it; but the fact remains that all his shade
trees are gone. GVEC said they did it to make it easier to
maintain. Mr. Stegman said he would like to see in writing where
they have the right to do that.
Mr. Baldwin said he went up and looked at what was done and the
trees were on the property line but some of the branches were in
the lines. He said surely they could have trimmed them and not
cut them off at ground level.
Mayor Sawyer said we will write GVEC and let them know our
feelings on this. They destroyed something natural that was not
necessary.
Mr. Daniel DeCelles of 201 Winburn was concerned about
enforcement of the 20 miles per hour speed limit on Oak Street.
He said he was not critizing the Police Department because they
do a good jOb but thought maybe some additional signs on Oak
would help. There are several elderly people that live along Oak
as well as the park users that may get hurt if something is not
done. Especially, delivery trucks and occasionally a school bus
goes speeding down there.
Mayor Sawyer said perhaps we could put up more signs and patrol D
more often. Mr. Gilmore was asked to have Chief call UPS again
about their drivers.
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Mrs. Joyce Stegink of 100 Cloverleaf Drive said she was present
about the lot on' the corner of Cloverleaf Drive and FM 78.
Several years ago the owners took the fence down between this lot
and her property and every since she. has had weed and ant
problems. She said she wanted the fence back up and the lot cut,
the weeds are almost waist high now. Every year she has to call
Wuests to get them to cut the lot.
Mayor Sawyer said the City could see that the weeds are cut but
he was not sure what could be done about getting the fence put
back.
Mr. Edward Murray of 210 River Road. said hi,s pr9blem was the
parking lot at FM 78 and River Road. When you exit River Road,
you are in conflict wi~h traffic coming out of the Dairy Queen
parking lot. There is no distinction between the road and the
parking lot. Someone is going to get hurt there. .
Mayor Sawyer asked him to give the City staff time to look into
this matter.
#3 SANITARIAN AGREEMENT: Mr. Baldwin moved to sign the
agreement with Gary W. Davis as our consulting Sanitarian. Mr.
Greenwald seconded the motion.
r- Mr. Baldwin asked what reaction has been given after sending out
I the letters on this subject. Mrs. Krause said several people
l have called but no negative remarks have been received.
Mayor Sawyer called for a vote on the motion, which carried as
f<;>llows:
AYES: Councilmen Baldwin, Hoover, Aguilar and Greenwald
NAYS: None
#4 AUDIT: A. Presentation of 1983~84 audit.
Mr. Gordon Armstrong presented the 1983-84 fiscal year audit and
thanked Council for allowing his firm to continue to be a part of
their growing city. He remarked that Mr. Gilmore has done an
outstanding job of managing the city. The foresight the Council
has taken is very good. ,Mr. Armstrong explained the differences
in revenues and expenditures for both the General and Enterprise
Funds, saying that both grew about 25% over last year. These
funds are in good financ~al condition and Council is to be
commended for keeping the city in such good financial'shape.
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Mr. Baldwin moved to accept the 1983-84 audit as presented. Mr.
Aguilar seconded the motion, which carried as follows:
AYES: Councilmen Baldwin, Hoover, Aguilar and Greenwald
NAYS: None
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B. Consideration of renewing audit contract.
Mr. Greenwald moved to approve- renewing the audit agreement with 0
Melick, Thorpe and Armstrong. Mr . Baldwin seconded the motion,
which carried with the following vote: '
AYES: Councilmen Baldwin, Hoover, Aguilar and Greenwald
NAYS: None
.5 ORDINANCE: The Mayor introduced and read the caption on
an ordinance as fol'lows:
ORDINANCE NO. 85-S-4
AN. ORDINANCE BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, - TEXAS, . AM'ENItI'NG THE ZONING
ORDINANCE' (ORDINANCE NO. 79-8-15 )OF THE CITY
OF' SCHERTZ; ESTABLISHING - AUTHORI Z-ED ZONING
DISTRICTS FOR A 127 ACRE PARCEL OF LAND OUT
OF THE MALPAZ SURVEY NO. 67 FROM PD, PRE-
DEVELOPMENT DISTRICT; AND REFLECTING SAID
CHANGES ON CERTAIN ZONING MAPS IN ACCORDANCE
WITH THE 8CHERTZZONING ORDINANCE NO. 79-S-
15.
Mr. Greenwald moved to approve final consideration of this
ordinance rezoning a 127 acre parcel of land. Mr. Aguilar
seconded the motion, which carried as follows:
AYES: Councilmen Baldwin, Hoover, Aguilar 'nd Greenwald
NAYS: None
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.6 ORDINANCE: Mayor Sawyer introduced and read the caption
on an ordinance as follows:
ORDINANCE NO. 85-0-5
AN ORDINANCE BY THE CITY COUNCIL OF "THE CITY
OF SCBERTZ,TEXAS, PROVIDINGTBAT THE CODE OF
ORDINANCES, CITY OF SCHERTZ, TEXAS," BE
AMENDED BY REVISING' SECTION' 18-44, SECTION
18-32 STOP, INTERSECTION; 18-35 . YIELD
INTERSECTION; 18-91 PARKING PROHIBITED; 18-96
IMPOUNDMENT OF STANDING OR PARKED VEHICLES OF
SAIDCODE~ .
Mr. Greenwald moved to approve the final" consideration of"' an
ordinance . amending the traffic code.. Mr. Baldwin seconded the
motion which carried with the fOllowing vote:
AYES:
NAYS:
Councilmen Baldwin, Hoover, Aguilar and Greenwald
None
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#7 ORDINANCE: Mayor Sawyer introduced and read the caption
of an ordinance as follows:
ORDINANCE NO. 85-M-6
AN ORDINANCE PROVIDING DEFINITIONS, REQUIRING
A PERMIT OF ALARM SYSTEM USERS; PROVIDING
SERVICE CHARGES FOR FALSE ALARMS; PROVIDING
FOR PROTECTION OF FINANCIAL INSTITUTIONS:
PROVIDING FOR A PENALTY; PROVIDING FOR A
SEVERABILITY CLAUSE.
Mr. Aguilar moved to approve the
ordinance regulating false alarms.
motion which carried as follows:
, ..
final consideration of an
Mr. Gr eenwald seconded the
AYES: Councilmen Baldwin, Hoover, Aguilar and Greenwald
NAYS: None
i8 EXECUTIVE SESSION: None needed.
#9 CITY MANAGER'S REPORT: A. The City had a surprise
visit on February' 22nd from the representative of the Texas
Department of Health. After inspecting our facilities, they
reported our water system is being operated and maintained in
accordance with the requirements for a Texas Department of Health
"Approved" public water supply. The could find nothing wrong.
B. Regarding the parking lot at Main and First Streets, we just
received a bill for $5.00 for the next five year lease. Does
Council want to continue leasing this property since we no longer
own property in that area. Council concensus was to not renew.
#10 ITEMS BY COUNCIL: Mr. Baldwin said he would like,to
thank the street department for putting the dead end sign on Beck
Street.
Mr. Baldwin said he finally got in touch with Dr. Leary and
talked with him at length. He is willing to continue serving the
city but said he is not getting cooperation from the city. He
said he is not the one they are going to notify and no one has
called him and said no grants were received.
Mr. Gilmore said that Dr. Leary is referring to Industrial
Development Bonds and he was told before we went into this that
we already have these set up, as well as Housing. Mr. Greenwald
and Mr. Hoover indicated they had rather get our $5,000 back than
to deal with him any longer.
Mr. Hoover asked if there should be a dead end street sign back
on Circle Oak. Mr. Greenwald said he did not think that street
had been dedicated as yet.
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Mr,.- - A9uilar: A. Reported the Library and Humane Society each
received $988.75 from the recent auction 'and dance.
B. Asked if the City has a fire inspector that inspect allover
town. Mr". Gilmore said yes and he is qualified and no private
firm should be doing this.
C. How many public buildings does the city have that need grass
cutting. The Library .area needs cutting.
D. There will be a Region 7 TMLmeeting on ,April 19th, should
get reservations and registration in soon.
.11 ITEMS BY MAYOR: SAFES ishavin9 their 11th Anniversary
celebration on April 14th, from 1, to 4 p.m..
.12 ADJOURNMENT: On a motion by Mr. Aguilar, seconded by
Mr. Baldwin and unanimously carried, the meeting adjourned at
8:33 p.m.
ATTEST:.
Texas
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