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ccreg 02-07-1984 180 ,-... REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 7, 1984 The Schertz City Council convened in Regular Session, Tuesday, February 7, 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 Baldwin; Ross Hoover; Adolph Aguilar and Ken Greenwald. Staff were City Manager Jimmy G. Gilmore and City Secretary June G. Krause. PUBLIC HEARING: Mayor Sawyer welcomed everyone to the meeting and explained the purpose of the public hearing was to receive public input on the proposed annexation of 305.52 acres of land out of Comal County. He asked Mr. Gilmore to point out on the map the exact location of the area"which is located along FM 3009 between the Missouri Pacific and Missouri, Kansas,Texas railroad tracks. There being no citizens wishing to comment at this second public hearing on the proposed annexation of 305.52 acres of land out of Comal County, Mayor Sawyer declared the public hearing closed at 7:02 P.M. r-- #1 APPROVAL OF MINUTES: Mr. Sharpe wished to correct the name of Colonel in the sixth paragraph on page No. 174 of the minutes of January 11, 1984. It should correctly be Colonel Divich. Mr. Baldwin moved tb approve the minutes of the Workshop Meeting of January 11, 1984 and the Regular Session of January 17, 1984. Mr. Greenwald seconded the motion which carried with the following vote: AYES: Councilmembers Sharpe, Baldwin, Hoover, Aguilar and Greenwald. NAYS: None #2 HEARING OF RESIDENTS: None #3 ORDINANCE: Mayor Sawyer introduced an ordi nance and.lread the caption as follows: ORDINANCE NO. 84-S-4 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AMENDING THE ZONING ORDINANCE NO. 79-S-l5, OF THE CITY OF SCHERTZ, TEXAS, BY REZONING APPROXIMATELY 265 ACRES OF LAND OUT OF COMAL COUNTY TO LIGHT INDUSTRIAL (M-l); AND APPROXIMATELY 3 ACRES OUT OF GUADALUPE COUNTY TO NEIGHBORHOOD SERVICES (NS); AND APPROXI- MATELY 96 ACRES OF LAND OUT OF GUADALUPE COUNTY TO PLANNED UNIT DEVELOPMENT (PUD); AND REFLECTING SUCH CHANGE ON CERTAIN ZONING MAPS IN ACCORDANCE WITH THE SCHERTZ ZONING ORDINANCE. Mr. Aguilar moved to approve on final consideration the ordinance as read. Mr. Hoover seconded the motion. ~ Mr. Aguilar wanted to be sure that the access to the business area would be from within the subdivision and not from FM 3009. Mr. Gilmore said that the three major concerns were made a part of the ordinance and the rest would be included in the plat approval. 190 Mr. Hoover said that in dealing with the 96 acres Planned Unit Development it was said FM 3009 would turn into a Pat Booker Road or Nacogdoches Road r-l' and he did not feel the planning that Council is doing here will turn this into that type but felt Pat Booker should be taken into consideration in the future. He said he did understand the opposition at the public hearing but he found the majority of the opposition to be invalid. As for the fire department, another truck is on order right now; Police we have the highest quality type of police department with better protection and room for expansion. As to density, a planned unit development will be less than a R-l development in this area. This development can be accomplished with very little expense to the tax payers. He said he not only intends to support this development but also any future development of this type in the City of Schertz. Mayor Sawyer then called for a vote on the motion before Council, which motion carried with the following vote: AYES: Councilmembers Sharpe, Baldwin, Hoover, Aguilar and Greenwald. NAYS: None #4 ORDINANCE: Mayor Sawyer introduced for first consideration an ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AMENDING THE ZONING ORDINANCE NO. 79-S-15, OF THE CITY OF SCHERTZ, TEXAS, BY REZONING A 41 ACRE TRACT OUT OF GUADALUPE COUNTY TO GENERAL BUSINESS (GB); AND REFLECTING SUCH CHANGE ON CERTAIN ZONING MAPS IN ACCORDANCE WITH THE SCHERTZ ZONING ORDINANCE. r----., U Mr. Baldwin moved to approve on first reading an ordinance amending the Zoning Ordinance by rezoning 41 acres of land out of Guadalupe County to General Business. Mr. Greenwald seconded the motion. Mr. Sharpe said he did not see anything in the ordinance about access to 135. Mr. Gilmore said staff is pursuing with them to get a 60 foot right of way from Live Oak Road and 135 through Live Oak Hills and be able to back up in the lower area. Mr. Sharpe said he would like to see this worked into the ordinance to be sure it will be done. Mr. Gilmore said he would try to get it in writing prior to the second reading of the ordinance. Mayor Sawyer then called for a vote on the motion~ which carried as follows: AYES: Councilmembers Sharpe, Baldwin, Hoover, Aguilar and Greenwald. NAYS: None #5 ORDINANCE: Mayor Sawyer introduced an ordinance and read the caption as follows: i] U AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AUTHORIZING CERTAIN PERSONS WHO ARE SIXTY-FIVE (65) YEARS OF AGE OR OLDER TO BE ENTITLED TO AN AD VALOREM PROPERTY ., ' .!. 10"1 .Ji., . , r TAX EXEMPTION ON THEIR PROPERTY LOCATED IN THE CITY OF SCHERTZ, TEXAS. AS AUTHORIZED BY ARTICLE VIII, SECTION l-b(b) OF THE TEXAS CONSTITUTION. Mr. Baldwin moved to approve the first reading of an ordinance authorizing persons who are 65 years of age or older to be entitlrd to an ad valorem exemption of $10,000. Mr. Sharpe seconded the motion~ which carried with the following vote: i I AYES: Councilmembers Sharpe, Baldwin, Hoover, Aguilar and Greenwald. NAYS: None #6 ORDINANCE: The Mayor introduced an ordinance and read the caption as foll ows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, CALLING AN ELECTION TO BE HELD ON APRIL 7, 1984, FOR THE PURPOSE OF ELECTING A MAYOR AND THREE (3) COUNCILMEMBERS FOR SAID CITY. Mr. Aguilar moved to approve on first reading an ordinance by the City Council of the City of Schertz to call an election to be held on April 7, 1984, to elect a Mayor and three councilmembers. Mr. Greenwald seconded the motion which carried with the following vote: r-- AYES: Councilmembers Sharpe, Baldwin, Hoover, Aguilar and Greenwald. NAYS: None #7 RESOLUTION: Mayor Sawyer introduced a resolution and read the caption as follows: RESOLUTION NO. 84-R-6 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, SUPPORTING A RESOLUTION BY THE CITY OF CIBOLO, TEXAS, REQUESTING THE GUADALUPE COUNTY COMMISSIONERS COURT AUTHORIZE IMPROVEMENTS TO DIETZ ROAD AND BORGFELD ROAD BY WIDENING SAID ROADS AND TO MAKE SUCH REPAIRS TO DIETZ ROAD AND BORGFELD ROAD TO IMPROVE THE FLOW OF TRAFFIC AND PROVIDE GREATER SAFETY FOR THOSE PERSONS DRIVING ON DIETZ ROAD AND BORGFELD ROAD. Mr. Sharpe moved to approve the resolution supporting the City of Cibolo in up-grading Dietz and Borgfeld Roads. Mr. Greenwald seconded the motion, which carried with the following vote: AYES: Councilmembers Sharpe, Baldwin, Hoover, Aguilar and Greenwald. NAYS: None r- #8 BID AWARD: Mr. Gilmore said, as discussed at the last workshop, only two out of eight companies contacted bid on the repairs to the roof of the building at 401 Oak Street now used by BVYA. R.J. & M Construction entered a bid in the amount of $2686 to put a new fibre- glass roof on the building; and an alternate bid in the amount of $1955 for a hot tar-limestone roof. 192 Two Sergeants Construction entered abid in the amount of $4920 for a completely new gabled roof, which is the only way they would recommend that repairs be made. This roof would have a ten year guarantee, whereas the flat roof repairs only have a two year guarantee. Mr. Greenwald moved to accept the bid bf Two Sergeants Construction Company of San Antonio, in the amount of $4920.00, for installation of a gabled roof on the building at 401 Oak Street. Mr. Hoover seconded the motion, which carried with the following vote: AYES: Councilmembers Sharpe, Baldwin, Hoover, Aguilar and Greenwald. NAYS: None o #9 POOL RATES: Mr. Gilmore presented his recommendation for pool rates and hours of operation as discussed at the last workshop. He listed the changes as follows: 1. expand operating season to include weekends in May and September; 2. open at 1:00 P.M. instead of noon; 3. Close at 8 PM Monday through Thursday and 9 PM Friday through Sunday; 4. Change "Adult Night" to Family Night"; 5. Change the fees for swim lessons to $12 per person per session; 6. increase the daily rate to $1.25 per person; 7. increase family season pass rates as listed, allowing the passes to be paid on a three-month time purchase plan during the months of March, April and May; and allowing a cash payment during these three months at 5% discount. Passes purchased after July 20 be reduced by 50%. No passes sold after August 1st. Mr. Sharpe suggested striking the last sentence and if someone wanted to come in after August and purchase passes at 50%, let them. Mr. Sharpe moved to approve the swimming pool rates for 1984 season as discussed. Mr. Greenwald seconded the motion, which carried as follows: AYES: Counci1members Sharpe, Baldwin, Hoover, Aguilar and Greenwald. NAYS: None n '-,.-/ #10 EXECUTIVE SESSION: Mayor Sawyer called an executive session under Article 6252-17 to discuss litigation with the City Attorney'!at 7:27 P.M. The Regular Session was reconvened at 7:53 P.M. #11 CITY MANAGER'S REPORT: Concerning the drainage easement in back of the Jameson property, it was on the original plat of the subdivision and when the people bought the property. It is illegal to block the easement with anything of a permanent type nature. We are going to have the engineer look at the easement to see if there is a better way to do it. Mr. Sharpe said that at one time there were posts there which would preclude anyone from driving down there and they were removed or cut off at the request of the family. One solution would be to put up bars or something that would preclude people from going in there with vehicles; but problems seem to be with motorcycles and people parking there. Mayor Sawyer said that the engineer was still going to look at it to see what could be done. o '-,;' ,'.",,~. 'L':..;~..;,~ '_. .,,,~ -~",,"'.H ~i 'j;. ,,~..__,j~"'i..... 193 B. Mr. Gilmore announced that on Tuesday morning at 10:00 AM on February 14th r-- at the LB Johnson Student Center in San Marcos, there will be a Corridor meeting. \ The will discuss the status of the corridor and discuss the status of water in t the corridor. Mr. Aguilar and Mr. Gilmore will attend this meeting and anyone else is invited. C. Had a call from Congressman Patman's office saying he was having a flag flown over the Capitol in honor of the Community Center and would be sending it to us within six to eight weeks. D. Mr. Gilmore handed out copies of the audit and announced that the auditor will be at our next workshop to discuss the audit and answer any questions. E. He handed out copies of the CCMA agenda, calling attention to #9 which is a rate review in view of expansion. #12 ITEMS BY COUNCIL: Mr. Sharpe: a. in response to getting with the REACT people, there will be a meeting tomorrow night (Wednesday) at 7:30 at the Cibolo Grange to discuss the feasibility of a Neighborhood Watch program. He encouraged every citizen concerned about theft to attend the meeting. B. Randolph Rotary Club has agree to form a non-profit corporation to get some additional senior citizen housing in the area. Mr. Hoover: A. What was found out about getting children to Dobie School. r-- Mr. Baldwin said he had checked and FM 3009 is a hazard and students will be bussed. B. in regards to the Las Vegas Night, they have another meeting Thursday night at 7:30. If can't go ahead with that, then they are discussing some alternatives. Mr. Aguilar: A. He was disappoimted that the Las Vegas Night was cancelled over some misunderstanding. Instead there will be a western dance on the same date. He said he thoughtthe Library Board and Humane Societ getting together was a very good idea and minimizes collecting money from citizens to alleviate tax money. B. At the Library Board meeting, he not only learned that their finances are doing good but that the members also participate in all activities pertaining to library in the area. They recently attended a meet on how to get grants. Different cities were asked to submit grant applications for review wtth~our Librarian's application chosen as a reference model for all the others. #13 ITEMS BY MAYOR: A. Received a letter from Bruce Barnard regarding a meeting of the Corridor Council, this will be an agenda item for the workshop of February 15th. B. There will be the ground breaking for the new hospital in Live Oak on Monday February 13th. -- J C. Mr. Sawyer said we are all very proud of our volunteer organizations. They have proved that they can get out on their own and do things that people on the Council perhaps cannot. 194 D. Regarding the Las Vegas Night, we found that it was illegal and decided to have a western dance instead with a big auction afterwards. This should be a real good fund raiser so everyone come out and participate. Mr. Hoover said he would like to see this turned into an annual event. o 8:09 P.M. #14 ADJOURNMENT: On a motion by Mr. Aguilar, duly seconded and unanimously carried, the meeting was adjourned at ATTEST: SPECIAL SESSION OF THE CITY COUNCIL FEBRUARY 15, 1984 ~', tJ, The Schertz City Council convened in Special Workshop Session, Wednesday, February 15, 1984, at 7:00 P.M. in the Conference Room of the Municipal Complex, 1400 Live Oak Road, with the following 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. #1 HEARING OF RESIDENTS: None wished to be heard. #2 Presentation and discussion of audit. Mr. Gordon Armstrong, repre- senting Melick & Thorpe, CPA, presented the City's audit for fiscal year ending September 30, 1983. First Mr. Armstrong said his firm appreciated the opportunity of working. with the City of Schertz. Every couple of years the firm send a new member to audit the City in order to give a new outlook. He then thanked the M~or, Council, City Manager and staff for their help. Mr. Armstrong said that this year, for the first time, his firm is pleased to give a "C1ean Opinion", which means that after a close scrutiny our financial statements present fairly the financial condition of the city. Mr. Armstrong then went page by page through the audit explaining and answering questions as they arose. Under ~he Combined Statement of Fund balances, the total revenues of the City was $1,020,775 - which is a small decrease from 1982 because we separated out SAFES. It was suggested [Jl that the City Manager bring the SAFES bad debt write-offs to Council for \ approval. Mr. Armstrong praised Mr. Gilmore's expertise in earning interest on every cent that is not needed immediately