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ccreg 05-05-1981 36 REGULAR MEETING OF THE CITY COUNCIL MAY 5, 1981 The Schertz City Council convened in regular session, Tuesday, May 5, 1981 at 7:00 P.M. in the Council Chambers, 1400 Live Oak Road with the following members present: Mayor Jack M. Stomackin, presiding; Richard L. Howe; Barbara Taylor; Jeff Duffield; Earl W. Sawyer and Jacqueline Lawler. Staff present were City Manager Jimmy G. Gilmore and City Secretary June G. Krause. , I I ~ #1 PUBLIC HEARING: The Mayor opened the Joint Public Zoning Hearing stating the purpose was to allow citizens to express their views pursuant to the request by Mr. Edgar Von Scheele to rezone from R-l to R-5A a tract of land adjacent to Greenfield Village, Unit #2. He then turned the public hearing over to Planning and Zoning Chairman John Linebarger. Mr. Linebarger asked Mr. Gilmore to indicate on a map the exact location of the tract of land in question. Mr. Gilmore said that this particular piece of land was not a part of the Greenfield Unit #2 plat and was really in- appropriately zoned as the lots were not deep enough for R-l zoning. He said they could be R-3, R-4, R-5 or General Business. Mr. Don Grainger, 101 Dearborn - President of the Greenfield Homeowners Association representing about 100 home owners - addressed the Council. The association has concern since their deed covenants state homes in Greenfield have to have at least 1600 square feet with proper set back, etc. Mr. Grainger said his group was recommending the request be denied for that reason and they feel the garden homes would not be compatible with the neighborhood, there are sufficient R-5 zoned areas, and that the vacant lots in Greenfield would go undeveloped if garden homes were allowed. As there were no other citizens wishing to speak pro or con on this issue and neither the Planning and Zoning Commission members of Councilmembers had any questions, the public hearing was declared closed at 7:18 P.M.. Mayor Stomackin called a five minute recess to allow the P&Z members to withdraw to their own meeting. The regular meeting was reconvened by Mayor Stomackin at 7:25 P.M. #2 APPROVAL OF MINUTES: A. Mrs. Lawler moved the minutes of the Special Meeting of April 20, 1981 be approved. Mr. Sawyer seconded the motion which carried with the following vote: AYES: Councilmembers Howe, Taylor, Duffield, Sawyer and Lawler NAYS: None B. Mr. Duffield moved to approve the minutes of the Regular Meeting':of April 21, 1981. Mrs. Taylor seconded the motion which carried with the following vote: AYES: Councilmembers Howe, Taylor, Duffield, Sawyer and Lawler NAYS: None ,"--' .. .. 37 #3 HEARING OF RESIDENTS: Mr. Gardner requested time when item #4 comes before the Council. ...... I #4 HOUSING DEVELOPMENT: Mr. Odo Riedel addressed the Council concerning property he owns on the west side of Live Oak Road. He reminded Council he had discussed this property before and was now asking them what they had planned for this area and why can1t it be zoned GB back 550. from Live Oak Road as it is across the street from his property. His argument for the rezoning to GB being that the City does not have suffi- cient land zoned for either GB or apartments and this would prime land for either of those uses. However, he would like to work with the Council on the best utilization of this property. Mrs. Wanda Koch said that at the time, her husband owned part of this property and when Live Oak Road was widened, he asked Planning and Zoning if this whole 9 acres could be rezoned commercial. Mr. Mansfield, Chairman of the P&Z at that time, suggested they go with only 200. along Live Oak Road at that time; and since they had donated land for the widening of Live Oak, when the time came for rezoning or utilizing the land, something could be worked out. Council all agreed they would work with Mr. Riedel on the rezoning and would have staff research and would definitely get back with him very soon. Mr. Gardner, who had requested time on this item, said he had nothing to say at this time. #5 BID AWARD: Mr. Gilmore explained the City had advertised, per law, for bids on a street sweeper and had also mailed out to prospective bidders. Only one bid was received in the this being the one Council had seen demonstrated. This to improve the aesthetics but can also be used to clean ~ four specifications amount of $48,500 - vehicle is not only storm sewers, etc. Mr. Howe asked about the possibility of leasing out to other cities, with Mr. Gilmore saying he would check that possibility. He also wanted to know what can be expected as for maintenance costs the first year or two. Mr. Gilmore said only minor such as brushes and tune up, that should be five years before any major repairs. Mrs. Taylor said every consideration should be given to provide these services to citizens. Mr. Duffield said he would feel more comfortable with this purchase if the City had a sale lined up for the old sweeper first. Mr. Gilmore said he is negotiating with the City of Burnet at this time. Mr. Gilmore also told Mr. Howe that no additional employees would be required for this piece of equipment. After further discussion on the proposed purchase, Mr. Howe moved to table this item until the next Council meeting and see what answers Mr. Gilmore can come up with on the questions raised. Mr. Sawyer seconded the motion which carried with the following vote: AYES: NAYS: Councilmembers Howe, Taylor, Duffield, Sawyer and Lawler None ,., J ~ 4 - ' . 38 4-1P'~\ 1f1J I (l .' \ ~ 'i- #6 ORDINANCE: The Mayor introduced an ordinance and read the caption as follows: , \ AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AMENDING ORDINANCE NO. 8l-S-2 BY DELETING SECTIONS H-l AND H-2 OF SECTION VII THAT PROVIDES FOR RECREATION AREAS IN MOBILE HOME PARKS. I ~ Mr. Howe moved to approve the ordinance on the first reading. Mr. Sawyer seconded the motion which carried with the following vote: AYES: Councilmembers Howe, Taylor, Duffield, Sawyer and Lawler NAYS: None #7 ORDINANCE: The Mayor introduced an ordinance and read the cap- tion as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AMENDING ORDINANCE NO. 80-S-l3 BY DELETING SECTIONS 24.1 AND 24.2 THAT PROVIDES FOR PUBLIC SITES AND OPEN SPACES. Mr. Howe moved to approve this ordinance on the first reading. Mr. Sawyer seconded the motion which carried with the following vote: AYES: Councilmembers Howe, Taylor, Duffied, Sawyer and Lawler NAYS: None -- #8 ORDINANCE: Mayor Stomackin introduced an ordinance regarding increasing sewer rates. He read a letter from CCMA expressing their reasoning for increasing the percentage from 70 to 100% on the winter month charges for sewer service from Greenfield Village. Mr. Gilmore explained that the City has been charging users on 70% while CCMA has been charging the City on 100% of usage of winter months. The City has been eating the difference between the 80~ charged our customers and 92~ charged by CCMA on the 100% usage. By doing this we are endangering our bond rating. Mr. Gilmore read the caption of the ordinance as follows: : I ! . 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=38 AND SECTION 19-41 WHICH PROVIDE FOR RESIDENTIAL USER CHARGE, PUBLIC SCHOOL USER CHARGE AND DEPOSIT TO ASSURE PAYMENT. Mr. Howe moved to approve this ordinance on the first reading. Mrs. Taylor seconded the motion which carried with the following vote: AYES: Councilmembers Howe, Taylor, Duffied, Sawyer and Lawler NAYS: None - , I 1 : '- lL '~9 , ( Mayor Stomackin asked to skip over item #9 at this time in order to give the P&Z more time to decide on a recommendation on the rezoning request. #10 ETJ AGREEMENT: Mr. Gilmore explained that at the present time our city limits run to what was our ETJ between Schertz and New Braunfels. We were 7501 apart until we completed our annexations. He and the Mayor had a meeting with New Braunfels Mayor and City Manager to discuss and establish a line of agreement between the two cities. Negotiations are under way at this time and he will keep the Council informed. Mr. Richard Harris said this would be an agreement on ETJ similar to what Schertz already has with Selma, Garden Ridge, U.C. and Cibolo. Mr. Gilmore said it would be to our advantage to finalize this agreement prior to September when legislature validates all annexations. He said he was hoping to have something to present to both Council prior to the 20th of May. #9 REZONING REQUEST: Mayor Stomackin said the P&Z had just presented him with their recommendation concerning the rezoning request by Mr. Von Scheele on his property adjacent to Greenfield Village Unit #2. They recommend the change from R-l to R-52 be approved. After discussion, Mr. Howe moved to approve the request and change the zoning on Mr. Von Scheele's land adjacent to Greenfield Village, Unit #2 from R-l (residential) to R-5A Garden Homes. Mr. Sawyer seconded the motion which carried with the following vote: , ) i,i ~t :'1/' AYES: Councilmembers Howe, Duffield, Sawyer and Lawler NAYS: Mrs. Taylor #11 EXECUTIVE SESSION: None needed at this time. #12 CITY MANAGER1S REPORT: 1. The State Fire Convention will be held in San Antonio in May and the Fire Department would like to show their new truck there. There will be sufficient trucks and men available in Schertz to handle anything but the largest type fire. 2. Mr. Gilmore expressed concern about a problem that has come up within city staffing. The loss of all CETA positions much earlier than was antici- pated. Two. positions have already been deleted and the third will be lost by the June 19th. All three have come out of the administration department, which is really putting us in a bind. There are no funds to support these three positions within the budget. He said he had been able to locate funds for one of these positions for the balance of the fiscal year and hope to find funds within next year1s budget. He just wanted to make the Council aware of the situation so they could be thinking about this problem. 3. He also advised that he would have the first presentation of the proposed budget ready for the next workshop session. It is not a budget session but will have it ready to present by then. 40 He also reminded Council of the need for replacements on the Planning and Zoning Commission. #13 ITEMS BY COUNCIL: Mr. Howe asked if the heavy rains had cause many problems and Mr. Gilmore said very few had been reported. Mr. Duffield said that he realized the rezoning was rather an unpopular but he did not think the land could really be used for anything else but possible commercial. Mr. Sawyer called attention to the rough draft presentation the library had put together to take to U.C. on the 19th of May. Nothing would be agreed upon until it was presented to the Council after talking with U.C. Council agreed the library should present their draft to U.C. Council on the 19th. #14 ITEMS BY MAYOR: None at this time. ATTEST: seconded by Mrs. Taylor the meeting was adjOUr~ #15 ADJOURNMENT: On a motion by Mr. Howe, and unanimously carried, at 8:33 P.M. ~ .ilL...:. \ I \ ' '-..-..' (U,/( ~c'retary, SPECIAL MEETING OF THE CITY COUNCIL MAY 18, 1981 The Schertz City Council convened in Special Session, Manday, May 18, 1981 at 7:00 P.M. in the Conference Room of the Municipal Complex, 1400 Live Oak Road with the following members present: Mayor Jack M. Stomackin, Sr., presiding; Jeff Duffield, Richard L. Howe; Earl W. Sawyer and Jacqueline Lawler. Absent: Barbara Taylor. Staff present were City Manager, Jimmy G. Gilmore and Deputy City Secretary, Alice R. Austin. #1 WORKSHOP: Mr. Gilmore briefed the Council on the Humane Societies need for land. He advised he had been checking into several sites owned by the city. MRS. TAYLOR ARRIVED AT 7:05 P.M. \ : ~ 41 Mr. Gilmore briefed the Council on Mr. Kistings views on the city requlrlng a licensed plumber. He also briefed them concerning a proposed ordinance to allow Social Security disability exemption, progress on the Nacogdoches well, and interest shown in the street sweeper and a rodding maching by Burnet and Marion. #2 GENERAL DISCUSSION: Mr. Sawyer requested information concerning the right of Reserve Officers to carry a weapon. Discussed also was the ETJ agreement the City has been attempting to reach with New Braunfels and the City1s proposed withdrawal from the Texas Employment Commission. A consensus of the full council was given for Mr. Gilmore to proceed with withdrawal from the program. Council recommended an increased rate for persons carried by S.A.F.E.S. who are not in our contract area. The proposed 1981/82 budget was passed out to Council and the first Budget Workshop scheduled for June 8. #3 ADJOURNMENT: at 8:40 P.M. On a motion by Mr. Howe seconded by Mrs. Taylor and and unanimously carried, the meeting was adjourned I ' (a~~ & ??L~*-vJ Deputy City Secretary, City or Schertz ~L A- Texas ~ ~' ATTEST: REGULAR MEETING OF THE CITY COUNCIL MAY 19, 1981 The Schertz City Council convened in Regular Session, Tuesday, May 19,1981, at 7:00 P.M. in the Council Chambers, 1400 Live Oak Road with the following members present: Mayor Jack M. Stomackin, Sr., presiding; Richard L. Howe; Barbara Taylor; Earl W. Sawyer and Jacqueline Lawler. Absent: Jeff Duffield. Staff present were City Manager, Jimmy G. Gilmore and Deputy City Secretary Alice R. Austin. #1 APPROVAL OF MINUTES: Mr. Howe moved to approve the minutes of the Regular Meeting of May 5,1981. Mr. Lawler seconded the motion which carried with the following vote: AYES: NAYS: Councilmembers Howe, Taylor, Sawyer and Lawler None #2 HEARING OF RESIDENTS: 1. Mr. Gene Riley addressed the council in regards to the UA Columbia Cable Service. He advised there would be a public hearing on Tuesday, July 7, 1981 at the Schertz Community Center. Mr. Riley cautioned that non-use of the Public Access Channels could result in UA Columbia scheduling other programing for these channels.