New Braunfels Herald Zeitung (Newspaper) - February 2, 1984, New Braunfels, Texas
Garden Ridge zoning
Draft ordinance to include two categories for businesses
By DYANNEFRY Staff writer
Results of a citizens’ survey on zoning “pretty well speak for themselves,’’Ben White Jr., Garden Ridge City Council member, said Wednesday night.
Bob Kolstad spoke for the Planning and Zoning Commission, which revised its proposal for an updated zoning ordinance after hearing from residents at a town meeting on Jan. 19.
The council didn’t have much to say to Kolstad, except, “Let’s get started drafting the ordinance.’’ White asked Municipal Judge John Phillips to assist Planning and Zoning with the draft. The ordinance will get a thorough going-over from City At-orney Harvey Hardy before the council votes on it.
The commission’s recommendation is to expand the city’s present three zoning classifications to four. Residential and residential-
agricultural classifications will stay as they are. The “business’’ category will be re-defined, and divided into tvo sub-classifications: B-l (neighborhood service district) and B-2 (office and professional district.)
Sixty-three percent of the residents who responded to the questionnaire liked the idea of a neighborhood service district, and 45 percent marked “yes” on the professional district.
Forty-five percent is not a majority, but Kolstad said, “We felt that was a significant enough number in favor of it that it ought to be included."
The commission proposed some heavy restrictions on development in either type of business district. It wants buildings to be 90 percent masonry (the same rule now imposed on homes in Garden Ridge). It also wants to require sanitary sewer in business districts, even though 67 percent of the survey respondents indicated that Garden Ridge should stick to septic tanks.
Kolstad noted that the “business" classification in the present zoning ordinance allows lots of 6,000 square feet — much too small for septic tanks, if there were several businesses that size in the same area. By contrast, residential lots in Garden Ridge have to be at least 30,000 square feet.
The board also suggests that any future land annexed by the city should automatically be zoned residential-agricultural. (The last area annexed, including the FM 2252 corridor, went unzoned for almost a year after it was taken into the city.) Any requests for zone changes after that should come not from the Planning and Zoning Commission, but from individual property owners, Kolstad said.
The cover the cost of advertising, notifying neighbors and holding public hearings on proposed zoning changes, the commission is proposing a $200 fee for the property owner who files the request. That fee would be non-refundable, regardless of
whether the zoning change was granted.
Councilmember Bobbie I Landrum commended the commission on its work in sending out the survey, holding the town meeting and preparing its proposal.
White asked about the percentage of return on thsurvey questionnaire, which was sent out prior to the Jan. 19 town meeting.
“I think it was about 60 percent," Kolstad said. He said he'd sent out about 250, one to every address in the city (although Judge Phillips complained Jan. 19 that he hadn't gotten one), and several more to people who didn’t live in Garden Ridge but owned property there. Approximately 97 questionnaires came back.
“If you sent out 250, and got back less than IOO, that’s not even 50 percent,” argued Tom Nelson.
“Well, 40 percent. Isn’t that what I said?" said Kolstad. P&Z member Maynard Hamilton said that was still pretty good, considering everything.
GROUND HOC DAY
15mm.W% rn I
Pennsylvania Phil says more winter due
PUNXSUTAWNEY, Pa. (AP) — A sniffling, wriggling groundhog emerged from his burrow at dawn today and saw his shadow, thus predicting another six weeks of winter for the nation — for the 92nd time in 97 years.
“Phil," this town’s famed woodchuck, was pulled from his electrically heated burrow on Gobbler’s Knob to the cheers of tuxedoed members of the Punxsutawney Groundhog Club and hundreds of cold spectators.
“In the dimness of the early winter dawn, he stood for a moment, tall and proud. Then, in seconds, he saw a thin, gray shadow," said club president
James H. Means, 60, a local contractor who claims to be the ' only translator for the groundhog.
Folklore dictates that on Groundhog Day, if a groundhog sees his shadow six more weeks of cold weather follow. If he doesn’t, spring arrives soon.
Today, clear skies and temperatures in the 20s greeted Phil. And, in special ceremonies after the prediction, the 10-pound male groundhog was matched with an 11-pound female brought from the Philadelphia Zoo.
I .ast year, Phil the groundhog failed to see his shadow through the rain, predicting early spring for only the fifth time.
HIW Braunfels, Texas
Volume 93 —No. 24 16 Pages
THURSDAY February 2,1984
(USPS 377-880)Stacks of workBoyer juggles three jobs, law practice
It's been a month now, and local attorney Bruce Boyer isnt exhausted yet from juggling four jobs at once.
Boyer added Assistant District Attorney to his collection of titles on Jan. I, 1964 He’s been an assistant to County Attorney Bill Reimer since January, IMI. and was named city prosecutor in November, 1982. He replaced John Chunn, who moved up to city attorney when Irvin Boaroet resigned.
But to take his newest title on Jan. I, he had to withdraw from his six-year law partnership with Bennie Bock.
“Since I wouldn’t be allowed to handle cnnunal matters as a private attorney, no one else at Bock It Boyer would either,” Boyer explained “So I had to make the hardest decision I’ve ever had to make — except maybe proposing to my wife — and leave Bennie.
“I had to ask myself where I’m going, what my goals were, and go for it."
Even so, Boyer still has a limited private practice. "I can only take up civil matters like real estate transactions and domestic relations," he said. “But I haven’t had any problems yet keeping it all juggled “ His county duties include prosecution in the courts of Peace Justice Precincts I and 2. "That takes in most of Interstate 35, a large part of downtown and River Road, and Wurstfest-related items
Senator arrested by highway patrol
By DEBBIE DeLOACH Staff writer
Bexar County Sen. R.L. <Bobi Vale was stopped for speeding Wednesday night on Interstate 35 at Soims Road, and then arrested for three outstanding warrants that showed up on the officers' license check
Department of Public Safety troopers Gary Wong and Jim Shea
reportedly clocked Vale’s car at 70 mph around 9:30 p.m. They pulled Vale over, discovered the outstanding warrants and booked him at the Comal County Sheriff's Office.
The warrants, all filed by former DPS trooper Robert Butler, were speeding ( going 85 mph in a 55 mph zone) and failure to signal lane change (which were both dated June
of 19831, and then a failure to appear warrant dated September. 1983.
Vale, 52. was later released to Peace Justice Harold Krueger on a $600 cash bond — $200 for each warrant.
A Democrat for District 26. Vale has served in the Senate since 1979. and was re-elected by a wide margin in 1982 He also served in the House of
Representatives from 1965 to 1978.
Permanent American force due for Honduras
Bruce Boyer gets another stack of work from District Attorney Bill Schroeder
blaff photo bi Last** Kn***akit
when that time of year rolls around," Boyer said. Reimer’s other part-time assistant is Boarnet His city duties are "very timeconsuming," he added, especially when it comes to building code violations Other areas handed over to Boyer are Class C misdemeanors like hot checks, public intoxication, disorderly conduct and all traffic
violations except for involuntary manslaughter and DWIs (Driving While Intoxicated).
Boyer said the time he puts into each title runs something Uke IO percent county, 30 percent city, 30 percent district attorney and the balance on private matters. But he’s quick to add he gets a flat fee for
See BOVER, Page 1«
Wurstfest-related items derly conduct and all traffic See BOYER, Page ii * 1
lene Jones jury to hear testimony ompanion child injury incidents
TOWN (AP) — Clellan, a 15-month-old girl who died the boy’s intra veneous bottle pean
WASHINGTON (AP) - The Pentagon plans to leave a permanent" force of 700 to 800 American soldiers in Honduras after military exercises end there this month, Defense Secretary Caspar Weinberger says.
Meanwhile, an unpublished House report says the extent of U S military construction in Honduras — much done without formal congressional approval — suggests “an ongoing, significant presence" of American forces in the Central American country.
“The recent U.S. military exercise has created a substantial, semipermanent military capability in Honduras," said the eight-page report by the House Appropriations subcommittee on military construction
Weinberger's statement Wednesday was the first pubUc confirmation that a sizable contingent of U S. troops will remain after joint U S.-Honduran exercises, known as “Big Pine II,” are over U S troops may take part in another round ofWeinberger's statement was the first public confirmation that a sizable contingent of U.S. troops will remain after joint U.S.-Honduranexercises.
exercises starting in June.
Weinberger, testifying before the Senate Armed Services Committee, was asked by Sen. Carl Levin, D-Mich., about reports that 1,000 American servicemen would remain in Honduras
As far as a permanent presence is concerned, there will be some men in there in that category," said Weinberger. "I don’t think it will be quite 1,000 — somew here around 700 or 800 to maintain facilities constructed during the exercises
The defense secretary noted that a number of major facilities, including roads, ocean piers, radar stations and other installations, have been built during Big Pine ll “and you don't take that w ith you w hen you leave. "
Weinberger said more exercises ought be scheduled later if Honduras, a strong U S ally, invites the Pentagon to participate
"Oh, they will," snapped Levin, who has been critical of the Reagan administration’s military buildup.
Honduran armed forces chief. Gen Gustavo Alvarez Martinez, said this week that new U S -Honduran maneuvers, to be called Granadera I, w ill begin in June and that Salvadoran and Guatemalan troops might be invited to take part.
Although Weinberger did not identify the troops who will remain, Pentagon sources who declined to be identified said they would include air traffic controllers, medical specialists and civic action teams.Inside
GEORGETOWN (AP) Prosecutors trying to prove that a nurse killed an infant with an overdose of a hard-to-trace drug have won permission to introduce evidence they believe shows Genene Jones engaged in a “continuing plan" to endanger babies.
State District Judge John Clark listened to a day and a half af testimony on six “extraneous of tenses," and then ruled Wednesday that the testimony could be repeated for jurors
That process began Wednesday afternoon with testimony from two Army emergency medical specialist who airlifted a 7-year-old bey from Kerrville to San Antonio.
During the flight, they said, Ms. Jones injected the stable youth with a drug. Moments later, the child went into respiratory airest, they said.
Ms. Jones, SS, is being tried in the Sept. 17, im, death of Chelsea Mc
Clellan, a 15-month-old girl who died after two injections from the vocational nurse.
Prosecutors allege Ms. Jones killed the girl with by injecting her with succinylcholine, a powerful muscle relaxant.
She is also charged with injuring seven children, including Chelsea The six other indictments form the basis of the “extraneous" offense testimony.
Carter's ruling was a victory for prosecutors, who had argued the testimony about unusual respiratory arrest and suspicious deaths of infants in San Antonio and Kerrville was necessary to establish a motive in the bizarre murder case.
Army Sgt. David Maywbort, who flew two of the six children in August 1982 from Kerrville to San Antonio, testified that 7-year-old Jimmy Pearson was stable during the flight until Ms. Jones injected a drug into
the boy’s intra veneous bottle.
"I was yelling at (Spec 5 Gabriel) Garcia, telling him to stop her," May whorl said.
Soon after the injection, Jimmy “went into respiratory arrest,” he said The helicopter was landed in an open field and the boy was revived, he said.
Maywhort said he first suspected something was wrong when Ms. Jones told him she was listening to sounds inside the boy’s chest with a Ste these ope — a procedure he said was impossible during flight because of the noise and vibration.
“It’s highly unusual anytime a person in the medical profession tells you she s doing something you know to be physically impossible," Maywhort said.
Garcia, who was in command of the flight, testified that Ms. Jones told him before takeoff that Jimmy, who had been having seizures but ap
peared to have been stabilized, "might go sour” in flight.
"She was yelling at me, ‘He’s seizing,"’ said Garcia, describing the incident in the air “I looked at him and he looked fine to me.*’ That was before Ms Jones made the injection, he said.
After the helicopter arrived at a San Antonio hospital, Ms Jones talked with Jimmy’s mother, Ellen Pearson “She was pale, she was trembling," Mrs. Pearson said of Ms Jones, "I can’t even explain the look she had in her eyes. "
Assistant Bexar County District Attorney Nick Rothe said the testimony of alleged "extraneous" offenses "will give jurors the larger overview of the case."
“There are striking similarities between all these extraneous offenses and this case we are trying," Rothe argued before Carter Wednesday morningToday's Weather
Clouds will decrease this afternoon, bringing warmer temperatures and light south winds Tonight will be fair, with the air turning cooler again, and winds shifting to the north at 15 miles per hour late tonight Friday will be sunny and mild, with a high near 70 degrees, Winds will be from the northwest at 15-20 mph in the morning, decreasing in the afternoon. Sunset today will be at 6:10 p.m., and sunrise F'nday at 7:19 am.Canadian In Space
The crew of a space shuttle flight next October will inc lude a Canadian astronaut, a source at the Johnson Space Center said The National Aeronautics and Space Administration source, who asked not to be named, said Wednesday that the Canadian government was being invited to select a crewman for the October flight of the space shuttle Discovery.Baa Pat* 8SWT" Signees
New Braunfels linemen Tun Doty and Brian Frassmann made verbal commitments to play football for Southwest Texas shortly before press time today, Unicorns Coach Jim Streety said Doty will attend SWT on a full athletic scholarship, while Kra:ismann will attend on a grant-m-aid program Meanwhile, the search goes on for the rest of Comal County’s prospects. Sports, Page 8
SPORTS ................ M