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4-2-1985 I r- i ! 147 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. \. 148 \ \ 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. o 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. J:';i~;"';: ( 149 r 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. r- \ \ 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 i ~ 150 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 D .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 o +,,~,.~ ':r a.;~ 1\ ...."...~ ., _. ( r- I , , ,...- I ! ~ 51 #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. .., 152 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 Ci ..^.-l,....,"';;i~, .~" _.~ 'JU 3t.~ ~ o o o