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ccreg 04-19-1983 37 REGULAR MEETING OF THE CITY COUNCIL APRIL 19, 1983 l The Schertz City Council convened in Regular Session, Tuesday, April 19, 1983, 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 Jacqueline Lawler. Staff present were City Manager Jimmy G. Gilmore and City Secretary June G. Krause. PUBLIC HEARING: Mayor Sawyer opened the public hearing and after welcoming everyone, explained the purpose of the Public Zoning Hearing which is held jointly with the Planning and Zoning Commission, is to receive the public views on the request by Mr. TommY Haney to rezone approximately 1 acre of land from General Business to R-4 Apartment/Multi- family dwelling district. The land is located on the west side of Live Oak Road between Aero and Mitchell Avenues. He then turned the meeting over to Mr. Ken Greenwald, Vice-Chairman of the P&Z Commission. r I \ Mr. Greenwald explained the procedures of the public hearing; those being, first to ask Mr. Haney to explain his request, then get the pro and con views of the public, then have any questions of City Councilor P&Z. When that procedure is completed, the public hearing will be closed and the P&Z will reconvene in the conference room to consider the request. Mr. Haney said he was asking for a zoning change for Lot 5, Block 5 of the Village I Subdivision from general business to apartments. He is p~anning()on building 4 buildings, two story high with four units in each building with eight, parking spaces for .each building. The units will contain 1012 sq. ft. be two bedroom, 2 bath, with kitchen and living area complete with fireplace. He showed preliminary site plans and elevation p~)ans for the project. Council and Planning & Zoning members questioned Mr. Haney concerning parking, fencing and existing easement on the property. Mr. Haney said he would, of course, comply with all regulations. r- " Of the approximately 25 citizens in the audience, only two had questions concerning the request - Mr. Arnold Miller of 808 Colony and Mr. Mark Norwine of 712 Colony Drive. Mr. Miller was concerned about his privacy (he lives in back of the project) with the two-story buildings going in. He also wanted to know if they would be low-income apartments and was assured that they were not. Mr. Norwine wanted to know what type of restrictions they would put on the rentals; such as kids, motor bikes, etc. Mr. Haney said they really could not put restrictions on the rental s but had to fair to any who qual ify to buy. He said they are building to avoid nuisance as much as possible. They units will rent for about $450 per month which should precl ude some of the things he was questioning. After answering questions concerning privacy, which Mr. Haney said he could not even control in his neighborhood, he said that if the rezoning is approved, he thought they could start construction in about sixty days, with somewhere from four to six months for completion. Mr. Haney said he would be the manager at first and then later they would probably turn it over to a manage- ment firm; however, he will remain an investor and will overlook management. 38 There being no further questions, Mayor Sawyer declared the public zoning hearing closed at 7:20 P.M., at which time he asked for a recess. The regular meeting reconved at 7:27 P.M. o Prior to starting with regular agenda items, Mayor Sawyer read a procla- mation proclaiming the week of April l7-23rd, 1983 as "Schertz Library Week" #1 APPROVAL OF MINUTES: Mayor Sawyer asked if there were any comments on the minutes of the Workshop Session of March 30, or the regular meeting of April 5, 1983. Mr. Baldwin referred to page 25 of the minutes of the workshop session and said he felt that changing the librarian hours of work from part-time (30 hours a week) to full-time employee should have been voted on by the Council rather than a concensus of Council. A lengthy discussion followed in which both Mr. Aguilar and Mr. Sharpe questioned Mr. Baldwin's contention since the City Manager indicated there was money in the budget to cover these extra hours and they felt a concensus opinion of Council was sufficient. Mr. Baldwin still maintained that since the librarian's position was part- time on the manning docket, which is part of the budget, it should only be changed to full-time by a regular vote of the City Council. The: Council is to discuss concensus agreements at their next Council Workshop. The Mayor then called for a motion on the minutes. Mrs. Lawler moved to accept the minutes of the Workshop Meeting of March 30, 1983 and the Regular 0 Meeting of April 5, 1983 as written. Mr. Sharpe seconded the motion which carried with the following vote: AYES: Councilmembers Sharpe, Baldwin, Hoover, Aguilar and Lawler. NAYS: None #2 HEARING OF RESIDENTS: Mr. Kenneth Place, sponsor for Student Government Day, said he wanted to take this opportunity to thank the Mayor, Councilmembers, Mr. Gilmore and his staff for making this Student Government Day very pleasant for everyone. He said they were fullfilling their obligation to the youth for tomorrow. He thanked everyone on behalf of the School District, the Board and himself. #3 ORDINANCE: The Mayor introduced and read the caption of an ordinance as follows: 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 SECTION 19-41 WHICH PROVIDES FOR DEPOSIT TO ASSURE PAYMENT AND REPEALING ORDINANCES IN CONFLICT. Mr. Sawyer explained that the approval of this ordinance would increase the deposit on water and sewer services from $45.00 to $60.00. Mr. Aguilar moved to approve the first reading of this ordinance amending 0 the Code by revising Section 19-41 which provides for deposit to assure payment. ,Mrs. Lawler seconded the motion which carried as follows: jL~"v~~ 39 AYES: Councilmembers Sharpe, Baldwin, Hoo~er, Aguilar and Lawler. NAYS: None I' I \ #4 BID AWARD: Margaret Riley, one of the members of the building committee of the Schertz Library Advisory Board, addressed the Council concerning the bids recieved on the new library building. She said they met on April 15th to consider the bids and recommend awarding the bid to Shelly Construction in the amount of $98,871.00. She then gave a briefing on their financing. Mr. Baldwin moved to accept the bid from Shelly Contruction in the amount of $98)871 for Library building construction. Mr. Aguilar seconded the motion which carried with the following vote: AYES: Councilmembers Sharpe, Baldwin, Hoover, Aguilar and Lawler. NAYS: None #5 WATER SERVICE REQUEST: Mayor Sawyer introduced this item as a request by Mrs. Darla Hibdon for water service outside the city limits on north FM 1518 just past the animal shelter. She has been advised that the rates for water outside the city limits is 150% of the cost to customers inside the city limits. Mr. Gilmore explained that the water could be obtained either from the 20" line or tap the 8" by the fire hydrant. Mrs. Hibdon would pay all costs involved. r- I Mr. Sharpe moved to grant Mrs. Hibdon's request for water service based on the information presented. Mr. Hoover seconded the motion which carried with the following vote: AYES: Councilmembers Sharpe, Baldwin, Hoover, Aguilar and Lawler. NAYS: None #6 ZONING CHANGE NO. 43: Mayor Sawyer advised he had been handed the Planning & Zoning Commission recommendation on the request for zoning change from general business to apartments on Live Oak Road between Aero and Mitchell Avenues. p~~ recommend approving the request. Mr. Sharpe moved to approve the zoning change on the one acre tract of land on Live Oak Road from general business to R-4 as requested. Mr. Hoover seconded the motion which carried with the following vote: AYES: Councilmembers Sharpe, Baldwin, Hoover, Aguilar and Lawler. NAYS: None #7 EXECUTIVE SESSION: None called r ( #8 CITY MANAGER'S REPORT: a. Mr. Gilmore advised that he had written Dr. Leary of Grantsmanship Institute saying we had received a letter from HUD giving additional information on the Jobs bill and telling him the Council desires him to keep hitting on the applications for grants on water line in I35. In addition we consider the projects on our priority list in our capitol improvements program top priority and to also submit applications for assistance in constructing a library. 40 b. Have just received a letter from CCMA stating they have arrived at their rate increase. It is about 5 to 6t lower than anticipated. They set the rate at $1.02/1000. This should be discussed at the next workshop. c. The Council has received a letter from RSVP requesting they be consi- dered in next year's budget. This is just a reminder. o d. May 4th at 4:00 P.M. there will be a ribbon cutting in the Cibolo City Park for Jungle Industries. City Council and City Manager have been invited. #9 ITEMS BY COUNCIL: Mr. Sharpe asked the status of the Schaefer Road Water purchase. Mr. Gilmore said Mr. Harris has sent the papers to HUD and we are awaiting their comments. We should be able to make the transfer prior to the 11th of May. Mr. Hoover thanked the students he spent the day with saying he truly enjoyed the day. This is the type of program he wanted to be a part of in seeking election to the Council - to bring youth into City Government. He solicited their further participation in city government and welcomed them back next yea r . Mr. Aguilar also thanked the students for participating and agreed with Mr. Hoover about bringing youth into city government. #10 ITEMS BY MAYOR: Mr. Sawyer announced that the County Judge will be in Schertz again on May 5, 1983. He will be available for all citizens this end of the county. He also said he enjoyed the day with the students and hoped they learned something about city staff, that they do something besides sit around. #11 ADJOURNMENT: On a motion by Mr. Sharpe, seconded by Mrs. Lawler, and unanimously carried, the meeting was declared o adjourned at 7:58 P.M. ATTEST: Ci [ ~. .~'! 0.;,,\ .6.1