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ccreg 11-15-1994 ( --1--9- .- " 35 REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 15, 1994 The Schertz City Council convened in Regular Session Tuesday November 15, 1994 at 7:00 p.m. in the council Chambers of the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Hal Baldwin, presiding; Charles McDonald; Joe Potempa; Barbara Stanhope; Mary Marsh and Ken Greenwald. Staff present were City Manager Kerry Sweatt and City Secretary June Krause. Mayor Bqldwin opened the meeting by asking everyone to stand and join him in the Pledge of Allegiance. Mayor Baldwin then read and Mazoch, Commander of VFW Auxiliary proclaiming the "Voice of Democracy Week". presented a proclamation to Dave Post 8415 and their Ladies week of November 1-15, 1994 as Mrs. Mqrsh, presented a County Judge Junior Vice Commander of the 5th District, also proclamation to Commander Mazoch on behalf of Sagebiel. --. Commander Mazoch thanked the Council and also the young people from Samuel Clemens, who each year do real fine in this program. - Mayor Baldwin then presented a proclamation to Stacy Pape and Bobbie Amescua, who represented the Samuel Clemens DECA Club, proclaiming the week of December 5-9, 1994 as "Free Enterprise Week". #1, APPROVAL OF MINUTES: Special meeting of 9-28-94. ", Mrs. Stanhope moved to approve the minutes of the Special Meeting of September 28, 1994. Mrs. Marsh seconded the "motion, which carried with the fOllowing vote: AYES: Councilmembers Greenwald. NAYS: None ABSTAINI~G: Mr. Potempa McDonald, Stanhope, Marsh and I #2, HEARING OF RESIDENTS: A. Mr. Ray Wofford, of 1200 Sp~cewood, spoke regarding item #7 an ordinance calling an election on the issue of imposing a Sales and Use Tax for economic development purposes and for reduction of property tax purposes. Mr. Wofford said he had talked with six people and the thing that bothered him was that he receive~ six nos. He suggested something has to be done if this is going to be passed. Mayor Baldwin answered by saying Council was aware of the problem and are making every effort to see that the word is being pa~sed along. l ~ 36 1 B. Mr. Philip Ross. an attorney representing George Mower. I said he was advised by the City Attorney that Council would be discussing his civil rights claim against the City with regard to a citation he received under the sign ordinance. He said he had advised his client that the enforcement of this was unconstitutional. He went on to say that it was his experience in civil rights cases that they cost over $100.000 and that money can be saved by paying Mr. Mower the amount he is claiming - $50.000. plus attorney fees. He said that in his opinion. the ordinance is unconstitutional and they want to be sure that justice is done in this case. He said the claim also names enforcement personnel. who violated Mr. Mower's civil rights under the law. He said the Council should simply amend the ordinance. He was making them aware of his clients offer. #3 PUBLIC HEARING: The Council to receive citizen input on a request by D. Figol for the rezoning of approximatelY 2.41 acres of land from R-2 to R-4. The property. Palms Apartments. is bounded by Church Street. FM 78 and the Cibolo Creek. Dennis Figol was present but had no comments other than the concern over the FM 78 widening project. Mayor p.m. Baldwin declared the public hearing closed as there were no persons wishing to comment. at 7:19 I Mayor Baldwin then asked Council's permission to item #10 at this time. #10 EXECUTIVE SESSION: The Mayor called an executive session under Chapter 551 Texas Government Code. sub-section 551-071 (Al to consult with attorney on pending or contemplated litigation. move to The Regular Meeting was reconvened at 7:44 p.m. #11 Consider and take action. if any. on the above executive session. Attorney Spain explained that he had briefed Council on the claim by Mr. Mower. described by Attorney Ross. He added that at this time. he recommended the City Manager forward the claim to Texas Municipal League Risk Pool. Pending their response and guidelines. recommended Council not take any further action this time. Mayor Baldwin called for a short recess at 7:45 p.m. The Regular Meeting was reconvened at 7:51 p.m. by Mayor I BaldWin. who then had to leave and turned the meeting over to Mayor Pro Tem Joe PotemPa. #4 ORDINANCE: Mayor Pro Tern Potempa introduced an ordinance and read the caption as follows: ( ..:11 1$;)- J AN ORDINANCE BY ,THE CITY COUNCIL OF THE CITY OF SCHERTZ, TItXAS, AMENDING THE ZONING ORDINANCE NO. 8~-S-1 BY REZONING 2.41 ACRES OF LAND OUT OF GtADALUPE COUNTY AND REFLECTING SUCH CHANGES or CERTAIN ZONING MAPS IN ACCORDANCE WITH !fIE SCHERTZ ZONING ORDINANCE. Mrs. }llarsh moved to approve the first reading of an ordinance amending the zoning ordinance by rezoning 2.41 acres cf land. Mrs. Stanhope seconded the motion, which carried with the fOllowing vote: AYES: Councilmembers McDonald, Stanhope, Marsh and Greenwald NAYS: ~one #~ ORDINANCE: Mayor Pro Tern Potempa introduced an ordinance and read the caption as follows: AN ORDINANCE -, B' THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, ADOPTING GUIDELINES AND CRITERIA FOR T}X ABATEMENT AND RE-INVESTMENT ZONES. -.- Mr. S~eatt explained some of the changes in the proposal and ad~ised the Economic Development commission recommends the guidelines and criteria be adopted for an additional two-year period. Mr. Mctonald asked if it would be appropriate to include an inflation clause. Mr. Sweatt said we could or could always go back later and make changes at any time. Mrs. Stanhope moved to approve the first consideration of an ordinance adOPting gUidelines and criteria for tax abatement and re-investment zones. Mr. Greenwald seconded the motion, which carried as follows: AYES: Councilmembers McDonald, Stanhope, Marsh and Greenwald NAYS: None #6 ORDINANCE: ,MAYOR PRO TEM POTEMPA INTRODUCED AN ORDINANCIE AND READ THE CAPTION AS FOLLOWS: ORDINANCE NO. 94-F-31 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF SCHERTZ, CHAPTER 7 1/2, EX~IBIT 3, BY ADDING SECTION 8.01, RE:YCLING, AND SECTION 17c, BILLING AND COLLECTIONS, AND ADDING ATTACHMENT 1. ~ 4H1- :3% 1 I Mrs. Marsh moved to approve the final consideration of an ordinance amending the Franchise Ordinance with Alamo Waste I by extending the contract period. Mrs. Stanhope seconded the motion, which carried with the fOllowing vote: AYES: Councilmemhers Stanhope, Marsh and Greenwald NAYS: councllmember McDonald #7 ORDINANCE: Mayor Pro Tem Potempa introduced and ordinance and read the caption as follows: AN ORDINANCE ORDERING AN ELECTION TO BE HELD IN THE CITY OF SCHERTZ, TEXAS, TO SUBMIT A PROPOSITION ON THE QUESTION OF THE ADOPTION OF AN ADDITIONAL SALES AND USE TAX UNDER THE PROVISIONS OF SECTION 4A, AS AMENDED, OF THE DEVELOPMENT CORPORATION ACT OF 1979 AND ON THE QUESTION OF THE ADOPTION OF AN ADDITIONAL SALES AND USE TAX FOR AD VALOREM TAX RELIEF; MAKING PROVISION FOR THE CONDUCT OF THE ELECTION AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO SUCH ELECTION; AND PROVIDING AN EFFECTIVE DATE. Mr. Sweatt recalled that this has been discussed on several occasions and is a two fold proposition - a 1/4 cent sales I tax for economic development and 1/4 cent sales tax for property tax relief purposes. This is scheduled for one of the standard election dates prescribed by law. We have scheduled a number of meetings with qlvic organizations and asked for assistance in getting this information to the publiC. Early voting begins on January 2nd and runs through the 17th, with the election ~ing held at the Community Center on January 21, 1994. We ~ill be putting articles in the newsletter and will be addressing various groups, including the Mayor's Forum on the 22nd. " Mr. McDonald moved to approve the first ordinance calling an election for January Stanhr.>e seconded the motion, which carried reading of an 21, 1994. Mrs. as follows: AYES: Councilmembers Greenwald NAYS: None McDonald, Stanhope, Marsh and 118 INTEROOVERIOIBNTAL AGREEMDIT Ir~ Consider and take action to authorize City Manager to 81gn Intergovernmental Agreement with Bexar County for CDBG Grant. Mr. Sweatt said we are pleased to announce the award of a Bexar County Grant in the ~unt of $148,860 for our ADA I projects. Upon Council authorization, he would sign the agreement and they will begin the design work for the curb cuts and rest room changes. ( .Y'l ,%'\- - Mr. M(:Donald moved to authorize the City Manaqer to sign the In1;ergovernmental Agreement with Bexar County for CDBG Grant. Mrs. Stanhope seconded the motion, which carried with tho following vote: AYES: Councilmembers McDonald, Stanhope, Marsh and Greenwa:,d NAYS: lIone Mayor Pro Tern Potempa said he was very happy to see come ahout, as we have a large number of people in communi1;y using wheelchairs or otherwise handicapped. this our #Y APPOINTMENT: Consider and take action apPoint;.ng a member to the Planning & Zoning Commission. Mr. SHeatt reminded that Council has a recommendation from the Planning & Zoning Commission to appoint Ernest Evans. on Mr. Gl'eenwald advised they had interviewed three people, all of \/hich would have filled the bill, Mr. Gn,enwald moved to appoint Ernest Evans Commiss:,on. Mrs. Stanhope seconded the carried with the following vote: Jr. to the P&Z motion, which - AYES: Councilmembers McDonald. Stanhope, Marsh and Greenwa:d. NAYS: lIone #,2 CITY MANAGER'S REPORT: A. Announced that Pfeil Road i$ under construction and will be closed for four days for c~ncrete drainage repairs. Notices are being distribllted to residents in the area. B. Rec~ived notice from Buffalo Valley Youth Association of their Opening Day Ceremonies for the 1994-95 Basketball Season taking place on November 19 at 9:30 a.m. in the Corbett Junior High School gym. Everyone is invited. #:,3 ITEMS BY COUNCIL: Mrs. Stanhooe: A. Saturday will be a busy day for there will also be the Senior Citizen Craft lLnd Art Show at the Community Center, with Judging at 9:00 a.II. B. The Buffalo Valley Lions Club will have a bake sale that day stal'ting at 8:00 a.m. in front of Wuests store. Mr. G~eenwald: signed up 250 later. A. Concerning BVYA Basketball, they have already and there will be more Signing up ~ B. ReIlinded everyone to be here at 7:00 p.m. on November 2Znd fOl' the Mayor I s Forum. L ~ ,~"Io C. John Bierschwale and Mr. Greenwald attended the Canyon Regional Water Authority meeting the previous night and he will be getting the minutes to Council next week. The plant is obviously running well, they even had to cut down on some of the chemicals. I #14 ITEMS BY MAYOR: Mayor Pro Tern Potempa request that an item on River Road be placed on the next agenda. Mr. . Sweatt reminded Council of the Employees Award Program and Dinner on December 2nd. #15 ADJOlJRJll.6.~...: On a motion by Mrs. Marsh, seconded by Mrs. Stanhope and carried with azu animous vote, the meeting was declared adjourned at 8:13 p. . Q!dL~~~ Mayor ~ I J, City of Schertz ATTEST: City Secretary, City of Schertz I I