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ccreg 12-30-1983 161 r ~. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 20, 1983 The Schertz City Council convened in Regular Session, Tuesday, December 20, 1983 at 7:00 P.M. in the Council Chambers, 1400 Live Oak Road with the follow- ing members present: Mayor Earl W. Sawyer, presiding; Charles B. Sharpe; Hal Baldwin; Ross Hoover; Adolph Aguilar and Ken Greenwald. Staff were City Manager Jimmy G. Gilmore and City Secretary June G. Krause. PUBLIC HEARING: After welcoming the visitors to the meeting, Mayor Sawyer opened the public hearing. He explained the purpose of the hearing was to obtain the views of the public concerning the proposed annexation of 10.5 acres of land out of Guadalupe County. This land is in the Industrial Park along FM 3009 and was disannexed about four years ago at the request of the developer. The agreement was that if con- struction had not started within four years, the property would be reannexed. There were no citizens wishing to speak either for or against the annexation. Mayor Sawyer declared the public hearing closed at 7:01 P.M. #1 APPROVAL OF MINUTES: Mr. Aguilar moved to accept the minutes of the Special workshop of November 30, 1983 and the Regular Session of December 6, 1983. Mr. Sharpe seconded the motion, which carried with the following vote: l AYES: . Councilmen Sharpe, Baldwin, Hoover, Aguilar and Greenwald NAYS: None #2 HEARING OF RESIDENTS: There were none wishing to speak. #3 ORDINANCE: The Mayor introduced ani :ordinance and read the caption as follows: ORDINANCE NU. 83-0-18 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 l2-6(b) AND l2-6(d); PROVIDING THAT NOTIFICATION BE MAILED TO PARTIES WHO FAIL TO APPEAR IN MUNICIPAL COURT AND PROVISIONS FOR ARREST, CONFINEMENT, FINE AND POSTING OF BONDS. Mr. Sharpe moved to approve the final reading of the ordinance as read poncernnng warrant fees. Mr. Aguilar seconded the motion, which carried with the following vote: AYES: Councilmen Sharpe, Baldwin, Hoover, Aguilar and Greenwald NAYS: None r- I ' #4 ORDINANCE: Mayor Sawyer introduced an ordinance and read the caption as follows: 162 AN ORDINANCE PROVIDING FOR THE ASSESSMENT AND COLLECTION OF A ROOM ACCUPANCY TAX; PROVIDING FOR THE USE OF THESE TAXES RECEIVED; PROVIDING A SAVING CLAUSE; PROVIDING A PENALTY; AND PROVIDING A REPEALING CLAUSE. o Mr. Gilmore advised that a new state law had passed that increases the amount of tax to 7% - 4% can be used for the general fund and 3% will be used toward tourism. The first law passed said that all the monies collected would go toward tourism. Mr. Sharpe moved to approve the first reading of an ordinance providing for the assessment and collection of a room occupancy tax. Mr. Greenwald seconded the motion, which carried as follows: AYES: Councilmen Sharpe, Baldwin, Hoover, Aguilar and Greenwald NAYS: None #5 ORDINANCE: Mayor Sawyer introduced an ordinance adopting an Emergency Operations Plan. He explained that originally the plan was adopted by resolution and now we want to add a penalty clause and that can only be done by ordinance. He then read the caption as follows: AN ORDINANCE ADOPTING AN EMERGENCY OPERATIONS PLAN TO BE IMPLEMENTED IN THE CASE OF AN IMPENDING OR RECENT DISASTER OCCURING IN THE CITY OF SCHERTZ; SAID PLAN SETTING FORTH AUTHORITY, PUPOSE, OBJECTIVES, SITUATIONS AND ASSUMPTIONS, ASSIGNMENT OF RESPONSIBILITIES, SUPPORT, RESOURCE MANAGEMENT, IMPLEMENTATION AND OTHER RELATED FUNCTIONS TO BE PERFORMED IN THE EVENT OF A DISASTER; REPEALING ANY ORDINANCE IN'CONFLICT AND ESTABLISHING A PENALTY. r-l r ' -_J Mr. Baldwin moved to approve on first reading an ordinance providing for an emergency operations plan as presented. Mr. Greenwald seconded the motion, which carried with the following vote: AYES: Councilmen Sharpe, Baldwin, Hoover, Aguilar and Greenwald NAYS: None caption as follows: #6 RESOLUTION: The Mayor introduced a resolution setting a public hearing on proposed annexation. He then read the RESOLUTION NO. 83-R-23 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, SETTING THE TIME, DATES AND PLACES FOR PUBLIC HEARINGS PURSUANT TO THE PROPOSED ANNEXATION OF 305.52 ACRES OF LAND, MORE OR LESS, OUT OF COMAL COUNTY. r:. tJ ..~., -.... ,. ",;,-" 163 r t " . Mr. Sharpe moved to approve the resolution setting public hearings for the proposed annexation of approximately 305.52 acres of land out of Comal County. Mr. Baldwin seconded the motion, which carried as follows: AYES: Councilmen Sharpe, Baldwin, Hoover, Aguilar and Greenwald NAYS: None #7 paz APPOINTMENTS: Mayor Sawyer said as there were to separate appointments to be made, he would entertain separate motions on them. A. Mr. Baldwin moved to appoint Mr. Robert Andrews, 209 Greentree, to the Planning & Zoning Commission to fill the vacant position of Mr. McMahan. Mr. Sharpe seconded the motion. Mr. Greenwald asked if there was any reason the Council had to accept the recommendation of the P&Z. When told there was not by Mayor Sawyer, Mr. Greenwald said he would like to nominate Mr. Frederick Douglas. Mr. Sharpe pointed out that a vote must first be taken on the motion on the floor. The Mayor then called for a vote on the motion to appoint Mr. Andrews, and the motion carried with the following vote: AYES: Mr. Sharpe, Mr. Baldwio, Mr. Hoover and Mr. Aguilar NAYS: Mr. Greenwald l B. Mr. Aguilar moved to appoint Mr. Tom Yarling as Secretary of the Planning and Zoning Commission. Mr. Greenwald seconded the motion, which carried as follows: AYES: Councilmen Sharpe, Baldwin, Hoover, Aguilar and Greenwald NAYS: None #8 EXECUTIVE SESSION: None was needed. #9 CITY MANAGER'S REPORT: A. He announced that the Mayor and one Councilmember had attended the meeting in New Braunfels on the I35corridor. Mr. Gilmore said that since then we have received a traffic count for various locations along 135 and he would have that for Council soon. Mr. Aguilar said that could give Council food for thought on the extension of Live Oak Road through to 135. Mr. Sharpe mentioned that the Transportation Engineer discussed the possibility of another interstate between San Antonio and Dallas. r-- , , , f B. Mr. Gilmore said he had put together some questions and suggestions on the proposal of REACT. Mr. Harris was contacted and as to the central base station, he advised that there could be some liability involved in those areas. He advised against this as, among other things, it could involve the confidentiality of juveniles. Also the City does not have the power to properly operate our system as it is now in cases of power failure. We need a new and bigger generator. The one we have will only operate the radios - no lights, etc. Also Mr. Royce Roberson said that in February San Antonio College or someone would be sponsoring a seminar on Citizens Against Crime - Neighborhood services, etc. We will be advised later just when and where. 164 C. The condemnation proceedings on the sewer line and drainage Court date has been set for the 19th of January. D. Mr. Harris has received the paperwork back from HUD on the Schaefer Water system. Now there will have to be some meetings with Schaefer people then he will have the papers finished. E. Regarding the cost of the County taking over the costs of workmen's compensation for the Fire Department, the total savings for the year would be about $3,500; however we are almost three months into the year so it will actually be a little less than that. F. Melick and Thorpe, City auditors, have invited the Council to their Open House on Friday, December 30th from 3 to 6 P.M. Also Ed Ford is having his Open House at the same time and of course it is in the same building. G. The Fire Department invites the Council and City Manager to a tamales and soda party immediately following this meeting. #10 ITEMS BY COUNCIL: Mr. Baldwin asked if the City had heard any more from Mr. Art Young concerning his recent request for a variance to the flood plain ordinance. Mr. Gilmore said he is looking for another location and has dropped the variance request. Mr. Baldwin asked if the City Manager would call the Highway Department and ask them to do the same thing with the traffic light at FM78 and Live Oak Road that they had done at 78 and Main regarding the left turn light. Mr. Hoover again asked the status of the road paver on the Church property at Nell Deane. Mr. Gilmore said our people went down and tried to move it but all they could do was move it entirely on private property. It would cost over $300 to have a wrecker move it. The churm people are trying to trace the owner and we will continue to follow up on it. Mr. Hoover said he noticed in his packet that there was a gas leak at the Live Oak Apartments and wanted to know how bad it was. Mr. Gilmore said our inspectors have been there and have many items that are wrong. They have been given notite to correct the inadequacies, such as raw sewage. If they don't pass inspections in January, then we will start condemnation. Mr. Aguilar said he wouJd like the Council to acknowledge Mrs. Douglas' letter of appreciation for the help from all departments of the City on their Dedication. n, L-J r--'l I I U Mr. Sharpel'asked if it would be appropriate to send a letter of congratu- lations to Judson Staff on the Rockets winning state championship in football. #11 ITEMS BY MAYOR: Mr. Sawyer announced a Community Council meeting for Wednesday night at 7:00 P.M. The Mayor then recognized Mr. Richard Mansfield, who asked Council to delay the proposed public hearing on the Larry Thomas rezoning for two weeks. :~ He felt that because of the holidays, the citizens of Deer Haven would not ~ have time to get together to formulate their ideas. :.;l 165 r I \, Mayor Sawyer told Mr. Mansfield that the Council was aware that the people in Deer Haven were not happy about the rezoning; but since the zoning ordin- ance had been followed, we are going ahead with the public hearing as scheduled. #12 ADJOURNMENT: On a motion by Mr. Greenwald, which was duly seconded~ and unanimously carried, the meeting was adjourned at 7:58 P.M. ATTEST: r I. REGULAR MEETING OF THE CITY COUNCIL JANUARY 3, 1984 The Schertz City Council convened in Regular Session, Tuesday, January 3, 1984, at 7:00 P.M. in the Council Chambers, 1400 Live Oak Road with the following members present: Mayor Earl W. Sawyer, presiding; Charles B. Sharpe; Hal D. Baldwin; Ross Hoover; Adolph Aguilar and Ken Greenwald. Staff present were: City Manager Jimmy G. Gilmore and City Secretary June G. Krause. After welcoming everyone to the meeting, Mayor Sawyer called Clayton McMahon to the podium and presented him with a Certificate of Appreciation for his service on the Planning and Zoning Commission. PUBLIC HEARINGS: The Mayor opened the public hearings with the announce- ment that these were joint public hearings with the Planning & Zoning Commission, all of which were present. The purpose of the hearings was to receive the views of the public on the four zoning changes presented. He then turned the meeting over to Mr. John Linebarger, Chairman of the Planning & Zoning Commission. Mr. Linebarger explained the procedures as being: the public hearings were to seek the input from citizens, then the P&Z has 10 days in which to make a recommendation to the City Council, with the Council taking action at their next regularly scheduled meeting. I A. Zoning Change No. 45: After having Mr. Hartzog point out on the map the location of this proposal, Mr. Linebarger explained that the Planning and Zoning Commission is recommending rezoning approximately 128 acres of land from Pre-development (PO) to Single Family Dwelling District (R-l). A letter was received from Mr. Von Scheele requesting other types of zoning; however, this letter was received too late.