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ccreg 06-06-1989 ( 199 REGULAT MEETING OF THE CI~Y COUNCIL -JUNE 6, 1989 The Schertz city Council convened in Reqular Session, Tuesday, June 6, 1989, at 7:00 p.m. in the Council Chambers, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Earl W. Sawyer, presidinqj Earl P. Hartzoqj Hal Baldwin; Barbara Stanhope; Mary Marsh and Ken Greenwald. Staff present were City Manager Kerry R. Sweatt and Deputy City Secretary Alice Austin. Planninq and Zoninq members present were Joe Potempa, Merwin Willman, Bob Andrews and Keith Van Dine. Planning and Zoning members absent were Ty Brisgill and George Vicks. .......:;. #1 PUBLIC HEARING: Mayor Sawyer turned the meetinq over to Joe Potempa of the Planning and Zoning Commission. Mr. Potempa explained that the public hearinq was to receive input from citizens on the request of Mr. John Lund for an exception to allow placement of mobile homes on FM 1518, lots 1851 and 1871. He also advised that once the public hearing was closed no other comments would be received concerning this request. Mr. Simonson advised that this concerned an area of approximatelY 1,025 feet and these two lots were 1 foot out of the flood plain. He also advised that 7 letters had been sent to adjoininq property owners and only one reply was received. The reply was opposed to the exception but felt that it would be better to chanqe the zoning. Mr. Hartzog said that he was under the impression that the petitioner was to be present at the meeting to answer questions. Mr. Simonson advised that he had been notified of the meetinq. Mr. Hartzog also asked if this area had ever been platted. Mr. Simonson advised that since it was over 5 acres it should be platted, but for zoninq the enqineers survey was acceptable. Mr. Hartzog said that technically the land should be platted and Mr. Lund would have to comply with the subdivision ordinance. He asked if the hearing was leqal since they were representing lots and this area had not been platted. Mr. Simonson said that in the discussion with Mr. Lund he was advised that before a public hearing could be held additional information would be needed. Mrs. Marsh asked what had transpired at the Planning and Zoninq meeting when Mr. Lund was present regarding zoninq. Mr. Simonson advised that we needed the information that you are now provided and that Mr. Lund recognized that this was in a very delicate area but the area has already had mobile homes on either side. He also advised that the area was qeneral business but there was some question in Planning and Zoninq as to whether this area could be used for General Business because of parkinq. Mrs. Marsh asked if the land would be usable for anything else. Mr. Simonson said that is was hard to say. ~ Mr. Baldwin asked if Mr. Lund would be renting trailer sface. Mr. Simonson advised that it was his understanding that the ots would be sold. Mr. Baldwin said that he thouqht this area should be rezoned. With General business zoninq this individual could put in anythinq if the area were zoned mobile home that would be all he could put in. ~ r- , Mr. Andrews asked where sewer would come from. Mr. Simonson advised that sewer line did not run down that side of FM 1518 but was directly across the street and they are required to hook on if they are within 300 feet of the sewer line. Mayor Sawyer asked if one side could be zoned General Business and the other side Mobile Home. Mr. Simonson advised that it would depend on what was the best use for the land and that trailers parkinq horizontally was probabl y they onl y thinq this property was qood for. He al so advised that we would have a problem with vehicles backinq out onto FM 1518. Mr. Potempa closed the public hearinq at 7:15PM. Mayor Sawyer opened the Reqular Meetinq at 7:18 PM. fl.2 APPROVAL OF MINUTES: Mayor Sawyer introduced for consideration the minutes of the Special Meetinq of 5-10-89 and the Reqular Meetinq of 5-16-89. Mr. Hartzoq made the motion to approve the minutes of the Special Meetinq of 5-10-89 and the Reqular Meetinq of 5-16-89 as amended. Mr. Greenwald seconded the motion. L-. Mrs. Stanhope asked the Minutes of May 10, 1989 be revised to as follows: fl.1 chanqe paraqraph 2 to read as follows: " Mr. Sweatt said we had looked into purchasinq some decorations last year but did not have the money. Guadalupe Valley Electric Cooperative had aqreed to participate with us in this and we miqht look at ways for all to participate in this toqether." fl.2 next to last sentence of paragraph 1: " He said they do anticipate that the City will eventually qet those easements and get the channel built." #2 next to last sentence of paragraph 9. " Mr. Stein said that Antler and Fawn would not be 25 year frequency because the roads in back are lower than the riqht of wa y . " fl.2 first sentence of paragraph 17. ( '-- 201 " Mr. Stein said about six months ago the City informed the Highway Department they wanted to proceed with the project of widening F.M. 78 from F.M. 3009 to just west of Cibolo Creek." Mr. Baldwin made correction to Minutes of May 10, 1989 meeting as follows: #9 Items by Council: page 10, paraqraph 3 to reword this paragraph to make sure the record is clear and make sure the proper terminology for the orqanization involved. Chanqe to read as follows: " Mr. Baldwin said he does know that MH/MR is interested in a shel tered workshop in our area. Mr. Simonson said CVADAC has talked to the school district about it and told them what they are doing. Mayor Sawyer called for a vote which carried as follows: A. AYES: Councilmembers Hartzog, Baldwin, Stanhope, Greenwald NAYS: None ABSTAIN: Councilmember Marsh B. AYES: Councilmembers Hartzog, Baldwin, Stanhope, Marsh and Greenwald NAYS: None #3 HEARING OF RESIDENTS: None #4 BID AWARD: A. Mayor Sawyer introduced for consideration bid received for reconditioned 30 kw genera tor. Mr. Sweatt advised that we were recommending the one bid received on this item on this particular project. Recommending the purchase in the amount of $6100 dollars from Holt Company. Mr. Hartzog made the motion to purchase the generator for $6100.00 from Holt Company. Mrs. Stanhope seconded the motion. Mr. Hartzoq asked if this item was cominq out of water and sewer. Mr. Sweatt advised that it was. Mayor Sawyer called for a vote which carried as follows: AYES: Councilmembers Hartzog, Baldwin, Stanhope, Marsh and Greenwald NAYS: None B. Mayor Sawyer introduced for consideration bid received for trench safety equipment. Mr. Sweatt advised that we had received two bids on this equipment and that Plank Company had met all of our specifications. Recommend bid be awarded to plank Company for $10,751. 00 Mr. Hartzog made the motion to award bid for trench safety equipment to Plank Company for $10,751.00. Mr. Greenwald seconded the motion which carried with the following vote: \ ~ ~ AYES: Councilmembers Hartzoq, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None #5 DELINQUENT TAX ATTORNEY: Introduced for consideration the authorization to siqn a contract for a delinquent tax attorney. Mr. Sweatt advised that we are recommending the council authorize the execution of an agreement with the law firm of Stubblefield, Brister & Schoolcraft as delinquent tax attorneys. He advised that we feel that usinq a local firm would be to our advantage in collectinq delinquent taxes. Mr. Baldwin made the motion to contract with Stubblefield, Brister & Schoolcraft as delinquent tax attorneys. Mrs. Stanhope seconded the motion which carried with the followinq vote: AYES: Councilmembers Hartzog, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None #6 SBC CONTRACT: Mayor Sawyer introduced for consideration the authorization to siqn a contract with the Schertz Business Club for July 4th Jubilee. Mayor Sawyer explained that the Schertz Business Club has handled our 4th of July Jubilee for the last several years. He advised that the contract had been gone over by city staff and members of the Business Club. Mr. Hartzog made the motion to authorize siqninq a contract with the Schertz Business Club for the 4th of July Jubilee. Mrs. Marsh seconded the motion which carried with the followinq vote: AYES: Councilmembers Hartzoq, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None *7 ORDINANCE: Mayor Sawyer introduced for consideration on final readinq and ordinance and read the caption as follows: ORDINANCE NO. 89-D-18 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES BE AMENDED BY ADDING A SECTION TO BE NUMBERED 18-47, PROVIDING FOR MAKING IT A CLASS "C" MISDEMEANOR FOR THE OPERATOR OF A VEHICLE TO ALLOW A CHILD AGED 13 OR UNDER TO RIDE IN OR ON ANY PORTION OF A VEHICLE NOT DESIGNED FOR PASSENGERS, PROVIDING FOR A PENALTY NOT TO EXCEED $500.00, PROVIDING FOR PUBLICATION AND EFFECTIVE DATE. Mr. Greenwald made the motion to approve on final consideration the ordinance prohibitinq children from ridinq in an unenclosed truck bed. Mrs. Stanhope seconded the motion which carried with the followinq vote: (/ ~ 203 AYES: Councilmembers Hartzog, Baldwin, Stanhope, Marsh and Greenwald NAYS: None #8 P&Z APPOINTMENT: Mayor Sawyer presented for consideration the appointment of Mr. Joe Potempa as Vice-Chairman of the Planninq and Zoninq Commission. Mrs. Marsh advised that she had worked with Mr. Potempa on the Planning and Zoning Commission and found that he does exceptional work on the Planning and Zoning Commission and felt that he would make a fine Vice-Chairman. Mrs. Marsh moved to appointment Mr. Potempa as Vice-Chairman. Mr. Greenwald seconded the motion which carried with the following vote: AYES: Councilmembers Hartzog, Baldwin, Stanhope, Marsh and Greenwald NAYS: None #9 H.A. APPOINTMENT. Mayor Sawyer introduced for consideration the appointment of Mrs. Esther Ware to the Housing Authority Board. Mrs. Stanhope made the motion to appoint Mrs. Esther Ware to the Housinq Authority Board. Mr. Hartzoq seconded the motion which carried with the following vote: AYES: Councilmembers Hartzog, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None # 10 CDBG APPLICATIONS: A. Mayor Sawyer introduced for consideration the authorization to make application on a CDBF grant for Rittimann Sewer. Mr. Sweatt advised that they were asking for authorization to make application to Bexar County Communi ty Development department for funding in the amount of $143,845.00 as projected cost for extension of wastewater collection and distribution lines for the Rittiman Addition. A hearing will be held in Converse June 15 at 7: 00 pm for this particular section of Bexar County. We would be asked and would serve as administrator of the project and we have asked that this be considered a Bexar County project as opposed to a City of Schertz project. Mr. Hartzog made the motion to authorize CDBF application for Ri ttiman Sewer. Mrs. Marsh seconded the motion which carried with the followinq vote: AYES: Councilmembers Hartzoq, Baldwin, Stanhope, Marsh and Greenwald NAYS: None B. Mayor Sawyer introduced for consideration authorization for CDBF application for Schermirville Water. Mr. Sweatt advised that this was representing the City of Schertz we would like to make an application for materials, engineering and specific rented equipment to bring water to specific portions of \ dl. -, Hil - -'-- '\ Schermirville area. Costs of project would be approximately $300,000.00. Mr. Greenwald made the motion to authorize application to CDBF for Schermirville Water extension. Mr. Baldwin seconded the motion which carried with the following vote: AYES: Councilmembers Hartzog, Baldwin, Stanhope, Marsh and Greenwald NAYS: None *11 CITY MANAGER I S REPORT. 1. Mr. Sweatt advised that there would be an AACOG semi annual meetinq in Sequin at 2: 45 pm on June 21. The meetinq would be at the Chapperal Country Club and would be honorinq the recipients of the reqional citizen of the year award. 2. He also advised that we had received and invitation council members and spouses to participate at the review stand with the VFW at the 4th of July parade. 3. Mr. Sweatt asked council if they wished to move the regular council meeting to the 5th or 6th of July or to the 11th. He advised that there was very little business going on at this time. Consensus of council was to leave this up to Mr. Sweatt. Mayor Sawyer advised that Mr. Raymond Koym who had served on Council many years ago had passed away. Services would be held at Fort Sam on the 9th at 11:30 a.m. ---- *12 ITEMS BY COUNCIL: Earl Hartzoa: Advised that the area along 1518 does not have adequate off street parking. He was concerned about spot zoning. Hal Baldwin: Asked if it would be totally out of reason to rezone to Mobile Home park. Mr. Sweatt advised that the question of spot zoning would only come up if we only considered one lot. Mayor Sawyer asked that Planninq and Zoninq look into this. Hal Baldwin : Introduced his granddaughter, Dawn Sharri Barbara StanhoDe: 1. Advised that the Humane Society was providing dog dip service on Saturday at the Animal Shelter from lOam to lpm. 2. Humane Society would be havinq a Jamboree on July 16 at the VFW and would have raffle tickets for sale. 3. Landscape committee would be having a planning session on Saturday at 9a.m. The landscape project plan is hanqing in the front lobby. The frame was made by Mr. Willman and the bottom ' part will have ingraved brass plates of those who have made donations. ( '- _ .J~ 205 4. Mrs. Ware will be sworn in at the Housing Authority on Monday and the meeting will be open to the public. 5. Executive Director position has been advertised in Housing Authority magazine and will be advertised Interested parties should send resume and statement of the attention of Billy Keen. the Texas locally. salary to Mary Marsh: Advised that she would be giving a brief report on the Economic Development Task Force meetinq and the Austin-San Antonio Corridor meeting at the next Council meeting. Ken Greenwald: CVAADAC would be havinq their monthly seminar on the 15th at the Library. It would be on coping with danger and presented by Nancy Winzell from Charter Real. #13 ITEMS BY MAYOR: Mayor Sawyer advised that he had received good reports on the great job the Citizen Leadership group had been doing. He also commended the 9 member qroup on volunteerinq for this group. He advised that they have been working dil iqentl y for the betterment of Schertz. He requested the Chairman be invited to the next workshop. #14 ADJOURNMENT: On a motion by Mr. Greenwald and second by Mr. Hartzog, the meetinq was unanimously adjourned at 7:51 p.m. ATTEST: \