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ccreg 08-16-1983 100 Mr. Sawyer also said the library building is coming along real well and invited Council to stop in and take a look at the progress being made. #8 ADJOURNMENT: o ATTEST: REGULAR MEETING OF THE CITY COUNCIL AUGUST 16, 1983 The Schertz City Council convened in Regular Session, Tuesday, August 16, 1983 at 7:00 P.M. in the Council Chambers 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 Jacqueline 0\' Lawler. Staff were City Manager Jimmy G. Gilmore and City Secretary June G. Krause. PUBLIC HEARING: Mayor Sawyer opened the Public Hearing and explained it was being held jointly with the Planning and Zoning Commission to receive input from citizens on a request by Mr. Glen Westrom to rezone approximately 4 acres of land to General Business and approximately 179 acres to a Planned Residential Unit Development (PRUD). Said land being 199.18 acre tract out of the T. Herrera Survey No. 68, Guadalupe County, at 2500 through 3000 block of FM 3009, being approximately 1900 feet along the westerly side of FM 3009, approximately 2000 feet north of Live Oak Road and approximately 4400 feet in depth from FM 3009 in a westerly direction. P&Z Chairman John Linebarger explained the procedures for the public hearing, saying that if any citizens wished to discuss this project now is the time. After the public hearing the P&Z will meet and have 10 days to give their recommendations to Council but the public will not have an opportunity to speak at that meeting. He then introduced Mr. Glen Westrom, representing the development company. Mr. Westrom presented a plat of the area under discussion, saying that since it had originally been submitted to the P&Z, it has become a little more definitive. He explained the on the plat the different types of development and gave tentative time schedules for the three phases of development. He also said that most likely what had been planned for apartments would now 0 be utilized by garden homes but in all probability the density will not be , as great as at first presented. ...:.:;,;&, ... 101 r- t \ Councilmembers asked questions concerning drainage and Mr. Fisher of PFA & Associates said he would be working closly with the City engineer on the drainage with this project. Mr. Westrom also answered Council questions concerning the buffer between commercial and residential. He said they had found that if you face the residential internally rather than toward the commerci a 1, there was very 1 ittl e problems. He also advi sed that phase #1 would have 91 lots, phase 2, 220 lots and phase #3 would have 67 lots, with phase 3 being started in about two years as the last phase of development. Mr. Linebarger then asked if anyone in the audience had questions pro or con on this request. Mr. Darwin Peek spoke, saying he owned property adjacent to this project and he was not certain at this time if he was pro or con but did have some questions. He asked if one of the streets could be stubbed out onto his property, as he would not want a development such as this without access. He also said that the City has a major traffic problem on Maske Road and he felt this should be addressed by Council. Mr. Westrom said off hand he could see no problem with the stub out being to Mr. Peek's property and it will be discussed when he brings this particular phase back to P&Z. - \ I I \ There being no further questions from citizens, P&Z or Council, Mayor Sawyer declared the public hearing closed at 7:22 P.M., at which time he asked for a short recess in order for the P&Z members to adjourn to the conference room for their meeting. The Regular Meeting was reconvened at 7:29 P.M. PUBLIC HEARING: Mayor Sawyer explained the purpose of the second public hearing was to inform the citizens of the process and the progress made on the application for a Community Development Block Grant and to obtain the views and proposals of these citizens. Views shall be heard as to the community's development needs and priorities. Mr. Gilmore explained that in order to submit an application for a Community Development Block Grant you must meet certain criteria. Fortunately and un- fortunately, Schertz does not meet most of the criteria for a grant. According to AACOG and HUD .about the only grant we could get would be a planning grant on the Rittimann addition to bring it up to a standard sub-'I II division in order to bring it into the city limits. It is now substandard not only by Schertz but the State as well. It is estimated that it would take one to one and one half million to bring it up to standards. It would include an engineering study to go in and tell us what they have, what they need and the approximate cost. There being no citizens wishing to address this issue, Mayor Sawyer declared the public hearing closed at 7:35 P.M. r I I Mayor Sawyer said that before commencing with the regular agenda items, he would like to read a letter received from Mrs. Lawler. Her letter tendered her resignation from the Council effective August 30, 1983. She explained her husband is being transferred to Austin. She addressed her regret at having to resign and the pleasure she had serving on Council and ended by thanking the Mayor and Councilmembers for allowing her to serve her community. 102 Mr. Sawyer then told Mrs. Lawler that she would be sorely missed, not only by the Council but by the community in which she has been so very active. #1 APPROVAL OF MINUTES: Mr. Baldwin moved to accept the minutes of the regular meeting of August 2, 1983 and the Special workshop meeting of August' 5, 1983. Mr. Hoover seconded the motion, which carried with the following vote: AYES: Counci1members Sharpe, Baldwin, Hoover, Aguilar and Lawler. NAYS: None n L.....-J #2 HEARING OF RESIDENTS: None #3 BID AWARD: A. Library furniture. Mrs. Riley of the Library Advisory Board addressed Council advising that only two bids were received and the Board recommends awarding the bid to the lowest bid, ~.J. Sheppard Company. The bid amount is $25,231.00; however, the Board feels they will not have that much money to spend on their turn-key project and will only purchase those furnishings that total an amount not to exceed the turn-key price of the building. Mr. Baldwin asked if the Board had an up-to-date financial report. Mrs. Riley said not really but they had about $50,000 in their building fund and the $10,000 from the Lions Club concrete sale, plus a $5,000 donation and of course the money from the sale of the pnasent building. Mrs. Riley said they had requested funds from Guadalupe County;but they did not count that unless the Council says they have to pay them back. She also said the Board knows what they: can dol,and they will do the best they can with what UII,'! they have. I Mr. Aguilar moved to accept the bid of R. J. Sheppard, on the recommendation of the Library Advisory Board. Mrs. Lawler seconded the motion which carried with the following vote: AYES: Counci1members Sharpe Baldwin, Hoover, Aguilar and Lawler NAYS: None B. Consideration of awarding bid on sale of City property at 100 First street. Mr. Gilmore explained the City had received informal appraisails from $45,000 to $57,000 with Mrs. Schertz giving a verbal appraisal of $27,500. We re- ceived one bid on the property from Mr. Dego11ado for $18,100. Council discussed the good and bad points of the building, such as shortage of parking and close proximity of the railroad tracks. The question was asked that if Council turned down the bid offer, would the City Manager check with the attorney to see if we could then negotiate with bidders. Mr. Baldwin moved to reject the bid of $18,100 for the property at 100 First Street. Mr. Sharpe seconded the motion which carried as follows: AYES: Counci1members Sharpe, Baldwin, Hoover, Aguilar and Lawler. NAYS: None o i'~ ;ii" ~ 103 r- l , The City Manager was instructed to check the legality of negotiating for the sale of this property. #4 EMERGENCY MANAGEMENT PLAN: The Mayor explained this was to consider approval of Annex Q to the Emergency Management Plan. Mr. Sharpe asked if it was necessary to list the actual names of people or could the positions just be listed in order not to have to make changes so often. Mr. Melton explained that the State required the actual names be listed and sent to Austin every time there is a change. Mr. Sharpe moved to approve Annex Q to the Emergency Management Plan. Mrs. Lawler seconded the motion, which carried with the following vote: AYES: Councilmembers Sharpe, Baldwin, Hoover, Aguilar and Lawler NAYS: None r #5 SECTION 8 HOUSING: Mayor Sawyer read a letter to be signed by him and sent to the Area Director of the Department of Housing and Urban Development, approving an application to reclaim five units of Section 8 housing that was lost several years back. Mr. Gilmore explained that this is the same letter signed and sent to them several years ago when we entered the program and it is his understanding that this is all that is required. Mr. Sharpe moved to authorize the Mayor to sign the letter to be sent to HUD to recapture the five housing units under the Section 8 Housing Plan. Mrs. Lawler seconded the motion which carried as follows: AYES: Councilmembers Sharpe, Baldwin, Hoover, Aguilar and Lawler NAYS: None #6 ORDINANCE: Mr. Sawyer reminded Council and the audience that Ithis ordinance approving the budget was to be considered as an emergency measure to meet the requirements of the City Charter. He then read the caption as follows: ORDINANCE NO. 83-M-9 AN ORDINANCE PROVIDING FUNDS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1983 AND ENDING SEPTEMBER 30, 1984, BY APPROVING THE BUDGET FOR SAID PERIOD AND APPROPRIATING THE NECESSARY FUNDS OUT OF THE GENERAL AND OTHER REVENUES OF THE CITY OF SCHERTZ, TEXAS, FOR SAID YEAR FOR THE MAINTENANCE AND OPER- ATION OF THE VARIOUS DEPARTMENTS AND FOR VARIOUS ACTIVITIES AND IMPROVEMENTS OF THE CITY; AND DECLARING AN EMERGENCY. G Mrs. Lawler moved to approve this ordinance for the adoption of the budget for FY 83-84. Mr. Hoover seconded the motion, which carried as follows: 104 AYES: Counci1members Sharpe, Baldwin, Hoover, Aguilar and Lawler NAYS: None Mr. Baldwin said he was still against the $35,000 contingency in the general OJ fund that will cost the citizens about 1 penny tax. Mayor Sawyer said he understood that Council concensus was to leave the contingency in the budget to be used for legal fees or if not needed for that, then for the fire truck the Fire Department needs. #7 ZONING CHANGE: The Mayor read the recommendation from the Planning and zoning Commission as follows: liThe Planning and Zoning Commission recommends approval of Mr. Glen Westrom's request to rezone approximately four acres of land to General Business (GB) and approxi- mately one hundred seventy nine acres to a Planned Residentai1 Unit Develop- ment (PRUD). Mrs. Lawler moved to accept the Zoning Change #44 as recommended by P&Z. Mr. Baldwin seconded the motion, which carried as follows: AYES: Counci1member Sharpe, Baldwin, Hoover, Aguilar and Lawler NAYS: None #8 EXECUTIVE SESSION: None needed. #9 CITY MANAGER'S REPORT: A. Mr. Gilmore said the City is still getting request for water service in Freeway Manor. It would cost approximately $714 to run a 2" line to the two families that live there. The original requester would have to pay for this line and collect from the second requester if the City approves it. We are going to get more requests and he suggested it might be wise to run a larger line and pay our portion of the cost for oversizing. B. We received a Crime Watch report last week of a burglary in progress at the Elementary School which led to the quick apprehension of the suspects. He was told that this also cleared up one or two other burglaries. This proves that if you see something the least bit suspicious, call it in to be checked out. 11 ~ #10 ITEMS BY COUNCIL: Mr. Sharpe expressed the loss to the City and the community of Jackie Lawler, and he expressed his appreciation of all the services she has provided the city. Mr. Baldwin agreed, saying the City is losing a dedicated Counci1member. He also said he felt the City should try to get a replacement on the Board of Review for Mike Lawler. Mr. Aguilar said he knew the City is appreciative of what Jackie has done not only on the Council but also the P&Z and other areas. Mrs. Lawler said her heart was buried somewhere here in Schertz and with the Senior Citizens. She reminded the Mayor that now is the time to start plan- ning the next Senior Citizen Day. #10 ITEMS BY MAYOR: Mr. Sawyer said it has been a pleasure serving with Jackie. -j' o r- ( - \ I I I , r I ; 105 #10 ADJOURNMENT: On a motion by Mrs. Lawler, duly seconded and unanimously carried, the meeting as adjourned at 8:16 P.M. ~or, ATTEST: 'SPECIAL SESSION OF THE CITY COUNCIL AUGUST 31, 1983 The Schertz City Council convened in Special Workshop Session, Wednesday, August 31, 1983, 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 and Adolph Aguilar. Staff were City Manager Jimmy G. Gilmore and City Secretary June G. Krause. #1 HEARING OF RESIDENTS: None wishing to be heard. #2 Discussion of privacy fence request. Mayor Sawyer explained that a gentleman in Lone Oak wants a privacy fence on the side yard and a portion of the front yard of his property and he will need a variance to the ordinance. Mr. Sawyer said he went by the property and looked at it and don't see that it will hurt anything. Anyon-coming car will be able to see anything. The Planning and Zoning Commission voted 4 to 3 to approve this request. Mr. Gilmore said it would call for a public hearing before the Board of Atljustments to approve this request. Council then discussed whether a public hearing was really necessary. The Mayor said if one was necessary, to set a date for the public hearing. #3 Discussion of amending the Traffic Control ordinance. Mr. Gilmore explained that there were streets in Greenfield Subdivis~on #3 that would need stop and yei1d streets designated. Also some streets in Oak Forest have need for signing. #4 Discussion of an ordinance imposing a 1% Bingo gross receipts tax. Mr. Gilmore said the Council had by election and ordinance authorized bingo within the city limits. At that time, the County collected the entire 2% tax allowed by law; however the law has now been change whereby the City can pass an ordinance and collect 1% of the tax levied. Council agreed this ordinance should also be on the next agenda as an emergency.