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ccreg 10-01-1985 27'tj ,-. 1 REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1. 1985 The Schertz City Council convened in Regular Session, Tuesady, October 1, 1985, at 7:00 J?m. in the Council Chambers of the Municipal Complex, 1400 LJ.ve Oak Road, Schertz, Texas. The following members were present: Mayor Earl W. Sawyer, presiding; Charles B. Sharpe; Hal Baldwin; Ray Stanhope; Adolph Aguilar and Ken Greenwald. Staff present were City Manager Jimmy G. Gilmore and City Secretary June G. Krause. PUBLIC HEARING: Mayor Sawyer opened the public hearing and said the purpose of the hearing was to receive input from the citizens on the proposed annexation of approximately 83.22 acres of land out of Bexar County. Mr. Gilmore gave the location of this proposal as being 250 feet either side of FM 1518 from the present city limits to Lower Seguin Road. He pointed out a map that showed all the property owners in the proposed annexation. Mayor Sawyer then asked if there were any citizens wishing to be heard on this proposed annexation. Mr. Herman Schwartz spoke on behalf of his mother, who owned property in the area in question. He asked the sequence of events and was told that deannexation by San Antonio and annexation by Schertz would be almost simultaneous. Mr. Schwartz also wanted to know what other reasons there were for annexation besides the ultimate annexation of the Shermerville area. Mr. Gilmore explained that the City would have control over what goes in along FM 1518 and could alleviate some of the health and safety problems being created now. Since the area is in Schertz' extraterritorial jurisdiction, we are the logical ones to control the area. Mr. Schwartz also asked when citizen's rights began if the area is annexed and Mayor Sawyer told him immediately. Mr. Gilmore explained that although citizen rights become effective immediately, a person would have to be a Schertz citizen for six months according to our Charter and State law before they could run for office. Ms. Joan Harris, who lives at the corner of FM 1518 and Schaefer Road asked about the City's leash law. She said she has three large dogs and no fence. The animals do not go beyond her property and are very good watch dogs. Ms. Haris was told that J.f her dogs do not leave her property and neighbors do not complain, she will have no problems. Ms. Harris said on the back part of their property, which will not be annexed, they have a family member living there. Will ~ ~ I r I j , I ~ 27B they be able to get city water. Mr. Gilmore explained that if they are now on Schaefer Water, they will continue to get water from the city but would have to pay outside city rates. Mr. Steve Ruiz, who lives in Rittimann addition, asked if this annexation would have any affect on his area. Mr. Gilmore said no, that neither Rittimann nor Mendoza additions were included. There being no further citizens wishing to speak, Mayor Sawyer declared the public hearing closed at 7:14 p.m. #1 HEARING Qf RESIDENTS: There were none wishing to speak. #2 ORDINANCE: Mayor Sawyer introduced an ordinance and read the caption as follows: ORDINANCE NO. 85-D-19 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS, BE AMENDED BY REVISING SECTIONS 18-32 STOP, 18- 76 SPEED, 18-91 PARKING PROHIBITED, OF SAID CODE. Mr. Aguilar moved to approve the final consideration of an ordinance amending the traffic control ordinance. Mr. Stanhope seconded the motion, which carried as follows: AYES: Councilmen Sharpe, Baldwin, Stanhope, Aguilar and Greenwald. NAYS: None #3 ORDINANCE: Mayor Sawyer introduced an ordinance and read the caption as follows: ORDINANCE NO. 85-H-16 AN ORDINANCE REGULATING THE KEEPING OF LIVESTOCK, FOWL, CATS, DOGS, WILD ANIMALS, AND VICIOUS ANIMALS WITHIN THE LIMITS OF THE CITY OF SCHERTZ; PRESCRIBING SANITARY CONDITIONS OF PENS AND ENCLOSURES; PRESCRIBING LIMITS IN DISTANCE FROM LIVING, DINING, OR SLEEPING STRUCTURES; PROVIDING FOR ANIMAL CONTROL OFFICERS, LICENSING, VACCINATING AND IMPOUNDING OF DOGS AND CATS; PROVIDING ANNUAL OCCUPATIONAL PERMITS; PROVIDING IMPOUNDING AND SELLING OF LIVESTOCK RUNNING AT LARGE; PROVIDING A SAVING CLAUSE; PROVIDING PENALTY AND . REPEALING CERTAIN ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH EXCEPT THOSE PROVISIONS IN THE ZONING ORDINANCE WHICH REGULATE THE KEEPING OF LIVESTOCK, FOWL, DOGS AND CATS. 280 '1 Mr. Greenwald moved to approve on final consideration an ordinance regulating animal control. Mr. Baldwin seconded the motion, which carried with the following vote: AYES: Councilmen Sharpe, Baldwin, Stanhope, Aguilar and Greenwald. NAYS: None o #4 ORDINANCE: Mayor Sawyer introduced an ordinance and read the caption as follows: ORDINANCE NO. 85-A-17 AN ORDINANCE PROVIDING FOR THE EXTENTION OF THE BOUNDARY LINES OF THE CITY OF SCHERTZ, TEXAS, BY THE ANNEXATION OF A TRACT OF LAND CONTAINING 88.9 ACRES MORE OR LESS, OUT OF COMAL COUNTY. Mr. Aguilar moved to approve on final consideration an ordinance annexing 88.9 acres of land out of Comal County. Mr. Greenwald seconded the motion, which carried as follows: AYES: Councilmen Sharpe, Baldwin, Stanhope, Aguilar and Greenwald NAYS: None #5 ORDINANCE: Mayor Sawyer introduced an ordinance and read the caption as follows: o ORDINANCE NO. 85-H-18 AN ORDINANCE EXTENDING WASTE MANAGEMENT OF SAN ANTONIO CONTRACT .TO OPERATE. A GARBAGE COLLECTION SERVICE IN THE CITY OF SCHERTZ, TEXAS AND PROVIDING FOR A SERVICE INCREASE AND DECLARING AN EMERGENCY. Mr. Sharpe moved to approve an ordinance extending the contract of Waste Management for garbage collection. Mr. Baldwin seconded the motion, which carried as follows: AYES: Councilmen Sharpe, Baldwin, Stanhope, Aguilar and Greenwald. NAYS: None #6 RESOLUTION: Mayor Sawyer introduced a resolution and read the caption as follows: o ., 'l!;I!'! ",' ....--- I ~ I i . ~ I ~ RESOLUTION NO. 85-R-12 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING AND AUTHORIZING THE ABANDONMENT OF A PORTION OF DOERR LANE AS AN EASEMENT FOR STREET PURPOSES; PROVIDING FOR THE EXECUTION OF A QUITCLAIM DEED TO RYMEC REAL ESTATE INVESTORS 83-01 LTD., A TEXAS CORPORATION IN CONSIDERATION FOR THE CONVEYANCE BY SAID CORPORATION OF THE IMPROVEMENTS TO THE TRI-COUNTY BUSINESS AND INDUSTRIAL PARK UNIT TWO; AND PROVIDING FOR THE TERMS AND CONDITIONS OF THE CONVEYANCE MADE HEREIN. Mr. Sharpe moved to approve the resolution abandoning a portion of Doerr Lane and the execution of a quitclaim deed. Mr. Stanhope seconded the motion, which carried with the following vote: AYES: Councilmen Sharpe, Baldwin, Stanhope, Aguilar and Greenwald. NAYS: None #7 RESOLUTION: The Mayor introduced a resolution and read the caption as follows: RESOLUTION NO. 85-R-13 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, APPROVING NEW ELECTRIC RATES TO BE CHARGED BY GUADALUPE VALLEY ELECTRIC COOPERATIVE. Mr. Aguilar moved to approve the resolution approving electric rates by GVEC. Mr. Greenwald seconded the motion, which carried with the fOllowing vote: AYES: Councilmen Sharpe, Baldwin, Stanhope, Aguilar and Greenwald. NAYS: None Mayor Sawyer advised that this will be a lowing of rates in some instances. #8 EXECUTIVE SESSION: Mayor Sawyer called an Executive Session under Article 6252-17, the section on possible litigation. Attorney Harris was present for the Executive Session. #9 CITY MANAGER'S REPORT: Mr. Gilmore referred to several letters in Council's packets from citizens to our policemen commending them for joBs well done. Mr. Gilmore said the City has been plagued the last few weeks with vandalism - taking 282 traffic signs, vandalizing our park restrooms and bar-b-que pits. At the same time we are having problems at the rest stop on I 35. 0' We will try to get County, State and Federal help on that. We are trying to step up patrols in the park area to stop some of the vandalism there. A. Development is still going very good. B. In case anyone has not been there, you should drive out East Live Oak Road since it has been completed. Really nice. C. With regards to the stop light on Jack Hays at Elbel Road, the Mayor again talked with Mr. Kuempelto see if.something could be done to shorten the waiting period. Everyone we. talk to says it is being worked on. At first the State said the first of the year but now they say they have upped the schedule. Mr. Baldwin said the PTA wa.s meeting that night and one of the agenda items was to get everyone to write to the State and Rep. Kuempel. D. Had a meeting with one of the people in regards to Schertz Parkway and things are going full force. They are still very positive about it going in. They are looking at from 18 months to 2 years. Mr. Gilmore said he was suppose to meet with the two men in the flood zone the next day. Mr. Baldwin suggested the City start condemnation proceedings on these two pieces of property. 110 ITEMS BY COUNCIL: Mr. Sharpe said the Cibolo-Schertz 0 Joint Coordinating Group did get answers back from their letters . to CCMA and the Corps of Engineers. The Corps of Engineers does not have the information they thought they had. The Group has asked for a new study by FEMA. Mr. Gilmore said there is suppose to be a FEMA man down to talk with CCMA and David Dennis has asked to bring him over to talk with us when he comes down. FEMA produces the flood plain maps. We have requested a new study, the Mayor signed the letter about a month or so back. Mr. Sharpe said he had a complaint two or three weeks ago about a hazard on Fawn Dr i ve and nothing has been done as yet. Mr. Gilmore said the person has been given 10 days notice. There is some question about the City going on their property to clean. Mr. Aguilar asked if the Council had approved the changing of the name of FM 3009. Mr. Gilmore said yes. #11 ITEMS BY MAYOR: Mr. Sawyer said it seems the Randolph Area is finally getting some recognition from the Austin-San Antonio Corridor. Recently had some visitors from Japan, who among other stops, stopped in New Braunfels. Mr. Sharpe and the Greater RandOlph Area Chamber of Commerce tried to impress them 0' with our area. ~'.j,.,,~~ t'~':"I'" .;., :~ll': t. ,*",-,If; ~ I '"--- --' ,.-- , i ~ #12 ADJOURNMENT: seconded and unanimously adjourned at 7:49 p.m. ATTEST: City ~ =, 8' C"" /" J .-:d \'L~ On a motion by Mr. Aguilar, duly carried, the meeting was declared