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ccreg 11-07-1989 L19 REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 7, 1989 The Schertz City council convened in Regular Session, Tuesday, November 7, 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 Pro Tem Hal Baldwin, presiding i Earl Hartzog; Barbara Stanhope, Mary Marsh and Ken Greenwald. Absent: Mayor Earl W. Sawyer. Staff present were City Manager Kerry Sweatt and City Secretary June Krause. #1 APPROVAL OF MINUTES: A. B. C. Special Meeting of 9-27-89 Regular Meeting of 10-3-89 Special Meeting of 10-11-89 Mr. Hartzog moveg to approve the minutes of the Special Meeting of September 27th and October 11th and the Regular Meeting of October 3rd, 1989. Mr. Greenwald seconded the motion, which carried with the following vote: AYES: Councilmembers Hartzog, Stanhope for the meeting of September 27thi Marsh and Greenwald. ABSTAINING: Mrs. Stanhope for the meetings of October 3rd and 11th, 1989. NAYS: None #2 HEARING OF RESIDENTS: A. Jim Shriver, President of the Schertz Business Club, advised that at their last meeting it was decided to have the Christmas Tree Lighting Program on December 8th rather than December 7th, Pearl Harbor Day. He said they are now running into several problems with having it on a Friday. The choirs have already made their plans, the band members did not want it on Friday and things of that nature. Mrs. Marsh explained that she was one of the ones that made the suggestion of change because it was Pearl Harbor Day. She said it would be okay to have it on the 7th, if it was recognized by someone and to pay tribute to those who served and lost their lives that day. Mr. Greenwald said the decorating committee was also running into problems with changing the date to Friday. There being no further comments, back to the traditional first program. it was agreed by Council to go Thursday of December for the B. Mr. Ed Thorpe addressed Council concerning the United WaY. He explained they are part of Bexar County and he is working with city governments on this. He then listed the organizations receiving help through the United Way, mentioning GRASP in particular. He did say any contributions could be designated to Guadalupe County organizations. 50 #3 ORDINANCE: Mayor Pro Tem Baldwin introduced an ordinance and read the caption as follows: ORDINANCE NO. 89-S-32 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AMENDING THE SIGN ORDINANCE, NO. 86-S-28, ARTICLE II, GENERAL PROVISIONS, PARAGRAPH 4, ERECTION OF SIGN OR SIGN STRUCTURE AND PARAGRAPH 9, SIGNS WITH FLASHING, BLINKING OR TRAVELING LIGHTSi ARTICLE III, DEFINITIONSi ARTICLE VI, SIGNS PERMITTED IN ALL BUSINESS, COMMERCIAL AND MANUFACTURING DISTRICTS, SECTION 3, BANNERS, FLAGS, PENNANTS, SECTION 5c (6), AUXILIARY SIGNS AND SECTION 5m(6), BILLBOARD SETBACKi ARTICLE VIII, NON-CONFORMING SIGN ABATEMENT, PARAGRAPH 11, DATE OF COMPLIANCEi AND PROVIDING A REPEALING CLAUSE. Mrs. Marsh moved to approve the final consideration of an ordinance amending the sign ordinance. Mr. Greenwald seconded the motion, which carried as follows: AYES: Councilmembers Hartzog, Stanhope, Marsh and Greenwald NAYS: None #4 ORDINANCE: Mayor Pro Tem Baldwin introduced an ordinance and read the caption as follows: ORDINANCE NO. 89-D-33 AN ORDINANCE OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS, BE AMENDED BY REVISING SECTION 12-4 OF SAID CODEi PROVIDING FOR THE ASSESSMENT AND COLLECTION OF SPECIAL EXPENSES IN CONNECTION WITH PERSONAL BOND AND SECTION 12-6 FAILURE TO ANSWER SUMMONS, AND PROVIDING A REPEALING CLAUSE. Mr. Sweatt advised that this ordinance authorizes raiSing fees, as contained in State law, from $25 to $35 for failure to appear. He added that this is not a fund raising but an incentive to make people aware to appear on time. Mr. Hartzog moved to approve the final reading of an ordinance amending the Code, Sections 12-4 and 12-6 Failure to Answer Summons. Mrs. Stanhope seconded the motion, which carried with the following vote: AYES: Councilmembers Hartzog, Stanhope, Marsh and Greenwald NAYS: None ) r- .;1f i2 ~ #5 RESOLUTION: Mayor Pro Tern Baldwin introduced a resolution and read the caption as follows: RESOLUTION NO. 89-R-13 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, SETTING A TIME, DATE AND PLACE FOR PUBLIC HEARINGS PURSUANT TO THE PROPOSED ANNEXATION OF FIVE TRACTS OF LAND CONTAINING APPROXIMATELY 854.52 ACRES OF LAND OUT OF COMAL AND GUADALUPE COUNTIES. Mr. Sweatt said this resolution proposes to call public hearings on five tracts of land in the extraterritorial jurisdiction of Schertz for possible annexation. He then pointed out on the map the locations of the five tracts. He explained the first public hear ing would be on Tuesday, December 19th and the second on Wednesday December 27th, which is a workshop meeting. This is necessary to meet the deadl ines consistent with State law on annexations. Mr. Hartzog moved to approve the resolution calling public hearings for the proposed annexation of five tracts of land out of Comal and Guadalupe Counties. Mr. Greenwald seconded the motion, which carried with the following vote: AYES: Councilmembers Hartzog, Stanhope, Marsh and Greenwald NAYS: None #6 RESOLUTION: Mayor Pro Tem Baldwin introduced a resolution and read the caption as follows: RESOLUTION NO. 89-R-14 A RESOLUTION APPROVING A STANDARD UTILITY AGREEMENT, A UTILITY JOINT USE AGREEMENT AND A STATEMENT COVERING CONTRACT WORK BETWEEN THE CITY OF SCHERTZ, TEXAS AND THE STATE OF TEXAS PERTAINING TO PROJECT NO. IR 35- 2(193)174, INTERSTATE HIGHWAY 35. Mr. Sweatt said these agreements constitute a contract between the City of Schertz and the State of Texas to accomplish the I35 project water line relocation and fire hydrants. This project is subject to reimbursement. Mrs. Marsh moved to approve the resolution approving a Standard Utility Agreement, a Utility Joint Use Agreement and a Statement covering contract work between the City of Schertz and the State of Texas. Mr. Greenwald seconded the motion, which carried with the following vote: AYES: Councilmembers Hartzog, Stanhope, Marsh and Greenwald NAYS: None r-:.o a.d:. #7 BID AWARD: Consider and take action on awarding bid on police vehicles. Mr. Sweatt advised that, after considerable time spent on the telephone with the other entities involved, he and Chief Agee are recommending that we join with New Braunfels and reject all bids. He said that as late as the day before, we were advised of some dealer incentive problems and have reason to believe that lower prices would be available to us. There would really be no loss of time because we have been told it will be late December before the motor companies will be getting out the 1990 police package vehicles. Mr. Hartzog again said he felt the City should stabilize and stay with the Ford line of vehicles for police service. Mr. Greenwald moved to reject both bids received for police vehicles and go out for bids again. Mrs. Marsh seconded the motion, which carried with the following vote: AYES: Councilmembers Hartzog, Stanhope, Marsh and Greenwald NAYS: None #8 ORDINANCE: Mayor Pro Tem Baldwin introduced an ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, APPROVING THE BOUNDARY ADJUSTMENT AGREEMENT BETWEEN THE CITY OF SCHERTZ AND THE CITY OF SAN ANTONIO. Mr. Sweatt said this is the boundary adjustment of the riqht-of- way between our two cities. When annexing the Schirmerville area a portion of Scenic Lake Drive fell within the City of San Antonio's city limits and a portion fell in Schertz. To resolve this error, the City of San Antonio will disannex and Schertz will annex this area. Mr. Greenwald moved to approve the first reading of an ordinance approving a Boundary Adjustment Agreement between the City of Schertz and the City of San Antonio. Mrs. Marsh seconded the motion, which carried with the following vote: AYES: Councilmembers Hartzog, Stanhope, Marsh and Greenwald NAYS: None '#9 Lot 13, Schertz. DEED ACCEPTANCE: Consider accepting the deed conveying Block 30 Live Oak Hills Subdivision to the City of ~. ,'} J) Mr. Sweatt said the owners of this 70 x 120 foot lot have offered to donate it to the city of Schertz, basically to relieve themselves from paying taxes. There are no encumbrances on the property and we own another lot in the general vicinity as this one. We will try to work out something so that we can trade one of the lots so that we would have two lots together. Mr. Hartzog moveg to accept the deed conveying Lot 13, Block 30, Live Oak Hills Subdivision to the city of Schertz. Mrs. Stanhope seconded the motion, which carried as follows: AYES: NAYS: Councilmembers Hartzog, Stanhope, Marsh and Greenwald None #10 APPOINTMENT: Consider and take action on appointment of ETJ representative to Impact Fee Advisory Committee. Mr. Sweatt reminded Council they have approved the Planning & Zoning Members to the committee with the codicil that one other member outside the city limits be added. Staff recommends the appointment of James Anderson, who was a member and later President of the Schaefer Road Water distrIct for ten years; therefore, is knowledgeable of the water system. We believe he will make a very good member of this committee. Mrs. Stanhope moved to approve the appointment of James Anderson to the Impact Fee Advisory Committee. Mr. Greenwald seconded the motion, whIch carried with the following vote: AYES: NAYS: Councilmembers Hartzog, Stanhope, Marsh and Greenwald None # 11 CHAMBER OF COMMERCE ELECTION: Mr. Sweatt advised Council had been furnished with a COpy of the ballot regarding three vacancies and four candidates for the Board of Directors. The City of Schertz is entitled to a total of five votes, or our votes are equal to five votes. Mrs. Marsh moved we select Jim Schultz of Schultz Nursery; Jim Shriver of Shriver Tax & Accounting; and Wanda Jean Sweatt. Mrs. Stanhope seconded the motion, which carried as follows: AYES: AYES: Councilmembers Hartzog, Stanhope, Marsh and Greenwald None #12 CITY MANAGER'S REPORT: A. He called attention to the Grand Opening at 10:00 a.m. on Saturday of Tiger Tote on FM 3009 at Woodland Oaks. B. On November 14, there will be a Schertz, Cibolo, Universal city Independent School District program on Family Awareness - the Necessities for Life. This will be at Samuel Clemens from 7:00 to 9:30 p.m. 54 #13 ITEMS BY COUNCIL: Mr. Hartzoq reminded Council of the meeting with the Department of Highways and Public Transportation on Thursday, saying he would not be able to make that meeting. Mrs. Stanhope said she attended the Senior Citizen's Arts and Craft Show and they had a good display but ended up with problems wi th getting judges. She recommended that two or three of the Council Members should plan to attend in the future to help with the judging. B. Reminder of the Humane Society Arts and Craft on November 18th at Pat's Unique Collections on FM 78. Mr. Greenwald said the Cibolo Valley Alcohol and Drug Abuse Council were having a seminar on November 16 that would tie in with the one the School District was having on family violence. #14 ITEMS BY MAYOR: None Mr. Sweatt reminded everyone that the Municipal Offices would be closed Friday in observance of Veteran's Day. # 15 ADJOURNMENT: adjourned at 7: 33 p.m.. carried unanimously. Mr. Hartzog moved the meeting be Mrs. Marsh seconded the motion, which ATTEST: -- -~/