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ccreg 09-19-1989 7 REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 19, 1989 The Schertz City Council convened in Regular Session, Tuesday, September 19, 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 Hartzogi Hal Baldwini Barbara Stanhopei Mary Marsh; and Ken Greenwald. Staff present were City Manager Kerry Sweatt and City Secretary June Krause. Mayor Sawyer recognized Dell Richerson, Adjutant-Quartermaster j Noland Edwardsi Frank WeatherbYi and Cloise Reese, all representing the VFW, Post 8315 and presented them with a proclamation. october 1st was proclaimed as "Country Music Day". Mayor Sawyer then introduced Mr. Joe Porter, Executive Director of the Schertz Housing Authority. Mr. Joe Porter, after giving a little background on himself, said he had some short, intermediate and long term goals. One of the short term goals is that he sees some sensitivity is missing with regards to the senior citizen. He wants to bring this sensitivity back to these folks. One long term goal is their monthl y birthday parties. He advised that some of the citizens would bring covered dishes and some would stay and play cards or something but the rest would leave. He said contacted our Librar ian, Gail Douglas, to see what could be done to enhance these parties, where there would be more structured activities after the dinners. He said they are also looking at building an Arts and Crafts Center. He said it is a $45,000 grant that they will have. He said people want it to be attached to the Community Center but no definite plans have been made. Mr. Porter said some of the intermediate goals are putting in carpeting, refrigerators, extend patios, roofing, sprinklers etc. People fail to realize that the buildings are now 12 to 15 years old and they are getting into major repairs. He said his long term goal is to establish a program that will make our community one step ahead of what is going on Statewide. He said he would like to ask people's assistance in their programs to help make life a little better for the senior citizens. He ended by thanking Council for letting him have this time and saying if there was ever anything he could to do help, just let him know. #1 APPROVAL OF MINUTES: A. Special Meeting of 8-16-89j B. Special Meeting of 8-21-89i C. Special Meeting of 8-22-89 and D. Special Meeting of 8-30-89. 8 Mr. Hartzog moveg to approve the minutes of the special meetings of August 16th, 21st, 22nd and 30th, 1989. Mr. Greenwald seconded the motion. Mr. Baldwin referred to the minutes of the meeting of August 30, 1989, #2 and asked that the tax rate be corrected in three places from the .8183 cents as shown to properly read .3183 cents. Mr. Greenwald referenced these same minutes, under item #10 D, mentioning that he referred to the APA not the NPA as shown. Mrs. Marsh had some typographical errors and she would give Mrs. Krause later. Mayor Sawyer then called for a vote on the motion and the motion carried as follows: AYES: Councilmembers Hartzog, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None #2 HEARING OF RESIDEII'I'S: None #3 ORDIIIAlfCE: Mayor Sawyer introduced an ordinance and read the caption as follows: ORDINANCE NO. 89-F-27 AN ORDINANCE RELATING TO TAXATION OF TELECOMMUNICATIONS SERVICES THROUGH REPEAL OF THE APPLICATION OF THE EXEMPTION PROVIDED FOR IN TAX CODE SECTION 321.210(a) V.A.T.C.S. AS AUTHORIZED BY TAX CODE SECTION 321.210(b) V.A.T.C.S.j PROVIDING FOR NOTIFICATION TO THE COMPTROLLER OF THE STATE OF TEXASi PROVIDING THAT NO SUCH TAX PROVIDED FOR HEREUNDER SHALL SERVE AS AN OFFSET TO OR TO REDUCE ANY AMOUNT PAYABLE BY ANY PROVIDER OF TELECOMMUNICATIONS SERVICES PURSUANT TO ANY FRANCHISE, STREET USE ORDINANCE, CHARTER PROVISION, STATUTE OR ANY OTHER IMPOSITION OF THE CITY OF SCHERTZ, TEXASi MAKING THIS ORDINANCE COMULATIVEi PROVIDING A SEVERABILITY CLAUSEi AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Hartzog moved to approve the final reading of an ordinance relating to taxation of Telecommunication Services. Mrs. Stanhope seconded the motion, which carried with the following vote: / f) AYES: Councilmembers Hartzog; Baldwin, Stanhope, Marsh and Greenwald. NAYS: None #4 ORDINANCE: Mayor Sawyer introduced an ordinance and read the caption as follows: ORDINANCE NO. 89-S-28 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AMENDING THE ZONING ORDINANCE, NO. 87-S-1, ARTICLE XXIII, AMENDMENTS, SECTION 2, CHANGES AND AMENDMENTS, AND SECTION 4, PUBLIC NOTICE AND PROCEDURES FOR AMENDMENT i ARTICLE XXV, REGULATION OF NON-CONFORMING USES, SECTION 2, CHANGE OF USE, AND SECTION 7, CHANGE IN OWNERSHIP OR TENANT; ARTICLE XXVI, ADMINISTRATION, SECTION 5, SEXUALLY ORIENTED BUSINESS, AND APPENDIX A. SCHEDULE OF USES, GENERAL BUSINESS DISTRICT i AND PROVIDING A REPEALING CLAUSE. Mrs. Marsh moved to approve the final reading of an ordinance amending the zoning ordinance. Mr. Greenwald seconded the motion, which carried with the following vote: AYES: Councilmembers Hartzog, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None #5 ORDIHAIICE: Mayor Sawyer introduced an ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING FOR THE REPEAL OF SECTION 12-6 (h) PROCESS SERVER'S FEE, OF THE CODE OF ORDINANCES AND DECLARING SAME TO BE NULL AND VOID AND OF NO EFFECT. Mr. Baldwin moved to approve the first reading of an ordinance repealing Section 12-6 (h) Process Server's Fees of the Code of Ordinances. Mrs. Stanhope seconded the motion, which carried with the following vote: AYES: Councilmembers Hartzog, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None 10 #6 ORDINANCE: Mayor Sawyer introduced an ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, REGULATING SEXUALLY ORIENTED BUSINESSESi PROVIDING DEFINITIONSi CLASSIFICATIONi LICENSE REQUIREMENTSi THE ISSUANCE, EXPIRATION, SUSPENSION, REVOCATION AND TRANSFER OF A LICENSEi FEESi INSPECTIONi APPEALi LOCATIONi ENFORCEMENTi INJUNCTIONi AMENDMENT OF THIS CHAPTER j AND PROVIDING A REPEALING CLAUSE, A SAVINGS CLAUSE AND AN EFFECTIVE DATE. Mr. Greenwald moved to approve the first reading of an ordinance regulating sexually oriented businesses. Mrs. Stanhope seconded the motion, which carried as follows: AYES: Councilmembers Hartzog, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None #7 EXECUTIVE SESSION: Mayor Sawyer called an Executive Session at 7:17 p.m., under Article 6252-17, Vernon's Texas Civil Statutes Section 2 (g), to discuss evaluation of the City Secretary. The Regular Meeting was reconvened at 7:37 p.m. #8 Consider and take action, if any, on evaluation discussed under item 17 above. Mrs. Stanhope moved to accept the evaluation with Changes noted and recommend an increase of Mrs. Krause's salary in accordance with the Pay Plan. Mr. Greenwald seconded the motion. Mr. Baldwin said he fel t he had known June Krause as long as anyone and had worked with her for a long time. He said she had always been non-political and had never taken sides. She was 100% supportive of the various Councils and City Managers under which she has worked. Mayor Sawyer then called for a vote on the motion and the motion carried as follows: AYES: Councilmembers Hartzog, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None #9 CITY MANAGER'S REPORT: Reminded Council that on October 17th there is a scheduled Board of Adjustment hearing on a variance for a side-yard set back request. i ) / 11 #10 ITEMS BY COUNCIL: Mr. Hartzog asked if, when Council received the next Financial Report, would they get just the end of september or one for the end of the year. He said he would like to see the end of the year report. #11 ITEMS BY MAYOR: none # 12 ADJOURNMENT: adjourned at 7:42 p.m.. carried unanimously. Mr. Baldwin moved the meeting be Mr. Hartzog seconded the motion, which ATTEST: