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ccreg-08-07-1979 46 REGULAR MEETING OF THE CITY COUNCIL AUGUST 7, 1979 The Schertz City Council convened in Regular Session, Tuesday, August 7, 1979 at 7:00 P.M. in the Council Chambers, 1400 Live Oak Road with the following members present: Mayor Robert C. Bueker, presiding; Gail Hyatt; Earl W. Sawyer and Jack M. Stomackin, Sr. Absent: Councimembers Richard L. Howe and Walter F. Schneider. Staff present Acting City Manager Hal Baldwin and City Attorney Richard L. Harris and City Secretary June Krause. 11 APPROVAL OF MINUTES: A. Mr. Stomackin moved to approve the minutes of the Regular meeting of July 17, 1979 as presented. Mrs. Hyatt seconded the motion which carried with the following vote: AYES: Councilmembers Hyatt, Sawyer and Stomackin NAYS: None B. Mr. Sawyer moved to accept the minutes of the Special Session of July 24, 1979. Mrs. Hyatt seconded the motion which carried as follows: AYES: Councilmembers Hyatt, Sawyer and Stomackin NAYS: None C. Mrs. Hyatt moved to accept the minutes of the Special Session of July 31, 1979 as written. Mr. Sawyer seconded the motion which carried as follows: AYES: Councilmembers Hyatt, Sawyer and Stomackin NAYS: None -----< II '1 ' 'I" #2 HEARING OF RESIDENTS: Mr. Darwin Peek reserved time for item #6 and Mr. Don Grainger reserved time for Item #14. #3 APPROPRIATION TRANSFERS: After Council discussion and consideration, Mr. Sawyer moved to approve the appropriation transfers in the 1978-79 Budget as presented by the City Manager Walter Hill. Mrs. Hyatt seconded the motion which carried with the following vote: AYES: Councilmembers Hyatt, Schneider, and Stomackin NAYS: None #4 RESOLUTION: The Mayor introduced the following captioned resolution with Mr. Baldwin reading the caption. Mrs. Hyatt moved to adopt the resolution as presented. Mr. Sawyer seconded the motion which carried with the following vote: IJtJ.'1~ AYES: Council members Hyatt, Sawyer and Stomackin NAYS: None RESOLUTION NO. 79-R-9 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, SETTING A TIME, DATE AND PLACE FOR A PUBLIC HEARING PURSUANT TO ADOPTION OF A BUDGET FOR FISCAL YEAR 1979-80. I b 47 #5 PAYMENT AUTHORIZATION: Mayor Bueker presented a request for payment for the seal coating work, saying that he felt they did an excellent job. Mr. Stomackin moved to authorize payment to Clark Construction Company, in the amount of $33,250.00, for seal coating work after ascertaining that the-areas would be swept of loose gravel. Mrs. Hyatt seconded the motion which carried with the following vote: AYES: Councilmembers Hyatt, Sawyer and Stomackin NAYS: None /:J(. ()q #6 WATER SERVICE REQUEST: The Mayor explained this is a request by Mr. Darwin Peek for water service and explained' that Mr. Peek had requested and been granted water in December of 1977. Mr. Peek explained that at that time the expense made it unfeasable to put in the line but with the water line down Live Oak Road, he felt he could put it in using this route. He also said there were two residences on Maske Road along the proposed route who would probably want water service. When asked by the Mayor if he felt the 2" line would give him and the other services sufficient pressure, Mr. Peek said that although it might be less that the major part of Schertz, he felt it would be sufficient. There was discussion about this area being in a possible annexation schedule but Mr. Peek said he would rather go ahead with the line at this time. Mrs. Hyatt moved to grant this request for city water service to the Peek residence and others for household use, not agriculture. Mr. Stomackin seconded the motion which carried with the following vote: AYES: Councilmembers Hyatt, Sawyer and Stomackin. NAYS: None '-. 11 A ,,' ~. f '7 #7 RESOLUTION: Acting City Manager Baldwin showed on the map the location ,of the proposed annexation in this resolution, after it was introduced by Mayer Bueker. Mr. Baldwin then read the resolution. Mr. Sawyer moved th1s resolution be adopted. Mrs. Hyatt seconded the motion which carried with the following vote: AYES: Councilmembers Hyatt, Sawyer and Stomackin NAYS: None 1~3'?~ RESOLUTION NO. 79-R-10 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, SETTING A TIME, DATE AND PLACE FOR A PUBLIC HEARING PURSUANT TO THE PROPOSED ANNEXATION OF APPROXIMATELY 300 ACRES OUT OF GUADA- LUPE AND COMAL COUNTIES. 48 I ~\.I. ~ ~ ,;;5- ?~ l ~'?1 1~?1~ #8 RESOLUTION: The Mayor introduced the following captioned resolu- tion which was read by Mr. Baldwin; who then pointed out the area proposed for annexation on the map. Mrs. Hyatt moved to adopt this resolution. Mr. Sawyer seconded the motion which carried with the following vote: AYES: Councilmembers Hyatt, Sawyer and Stomackin NAYS: None RESOLUTION NO. 79-R-ll' A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, 9ETTING A TIME, DATE AND PLACE FOR A PUBLIC HEARING PURSUANT TO THE PROPOSED ANNEXATION OF 2.016ACRES OF LAND OUT OF BEXAR COUNTY. #9 RESOLUTION: The Mayor introduced the following captioned resolution which was read by Mr. Baldwin. He then pointed out on the map the location of the proposed annexation. Mr. Stomackin moved to adopt the resolution. Mr. Sawyer seconded the motion which carried with the following vote: AYES: Councilmembers Hyatt, Sawyer and Stomackin NAYS: None RESOLUTION NO. 79-R-12 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, SETTING A TIME, DATE AND PLACE FOR A PUBLIC HEARING PURSUANT TO THE PROPOSED ANNEXATION OF 0.912 ACRES OF LAND OUT OF BEXAR COUNTY. I I I #10 ADVERTISEMENT FOR PROPOSAL: Mayor Bueker introduced this request to advertise for proposals for wrecker service. Mr. Sawyer moved the City Staff be authorized to advertise for bids for wrecker service. Mrs. Hyatt seconded the motion which carried with the following vote: AYES: Councilmembers Hyatt, Sawyer and Stomackin NAYS: None #11 ADVERTISEMENT FOR PROPOSALS: Mayor Bueker introduced the request to advertise for proposals for radio maintenance. Mr. Sawyer moved that City Staff be authorized to advertise for bids on radio maintenance. Mrs. Hyatt seconded the motion which carried with the following vote: AYES: Councilmembers Hyatt, Sawyer and Stomackin NAYS: None 49 #12 ADVERTISEMENT FOR PROPOSALS: The Mayor introduced the request to advertise for proposals on vehicle maintenance. Mr. Sawyer moved that City Staff be authorized to advertise for proposals on vehicle maintenance. Mrs. Hyatt seconded the motion which carried with the fo 11 owi ng vote: AYES: Councilmembers Hyatt, Sawyer and Stomackin NAYS: None !J~,il1 #13 ADVERTISEMENT FOR PROPOSALS: Mayor Bueker introduced the request to advertise for proposals on park mowing. Mrs. Hyatt moved to authorize staff to go out for bids on park mowing. Mr. Sawyer seconded the motion which carried with the following vote: AYES: councilmembers Hyatt, Sawyer and Stomackin. NAYS: None ".., ~;. .",~ / - ! #14 ORDINANCE: The Mayor introduced the following captioned ordinance which caption was read by the Acting City Manager. Mr. Don Grainer, of 101 Dearborne who had requested time, addressed the Council concerning the proposed zoning changes that would affect Greenfield Village residence and their property values. He cited four reasons why they were opposed to any type of business zoning along FM 3009: (a) increased traffic (b) certain types of businesses not good for neighborhood (c) destroy ascetic value of area and (d) will the benefits derived really offset the objections listed. He presented letters from Greenfield residents who were unable to attend the meeting and asked the 14 people in attendance to stand. After further discussion, he handed out some alternatives to proposed zoning ordinance. One of them being to return the ordinance to the Planning and Zoning Commission with instructions to investigate land usage based on flood plain, traffic safety, cluster commercial areas and needs and desires of surrounding residents. Mayor Bueker said his alternatives are viable and that in zoning there is a lot of personal wishes. Mr. James Bohan who lives in the first house off FM 3009, and Mrs. Grainer also expressed their desires to the Council. Mr. Sawyer moved the first reading of the ordinance be accepted. seconded the motion which carried with the following vote: AYES: Councilmembers Hyatt, Sawyer and Stomackin NAYS: None Mr. Stomack i n I'" ,;., 'f ': AN ORDINANCE BY THE PROVISIONS OF ARTICLE 1011a, REVISED CIVIL STATUTES OF TEXAS, TO REGULATE THE LOCATION, HEIGHT, BULK, NUMBER OF STORIES, AND SIZE OF BUILDINGS; OPEN AREAS; LOT COVERAGE; DENSITY AND DIS- TRIBUTION OF POPULATION; THE USES OF LAND, BUILDINGS AND STRUCTURES; TO REQUIRE OFFSTREET PARKING AND LOADING; AND FOR SAID PURPOSES TO 50 DIVIDE THE CITY INTO DISTRICTS OF SUCH NUMBER, SHAPE, SIZE AND CHARACTERISTICS AS MAY BE ADVISABLE TO CARRY OUT THESE REGU- LATIONS; TO PROVIDE FOR ITS ENFORCEMENT; TO PROVIDE FOR A BOARD OF ADJUSTMENT; AND TO PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISION. #15 TML: A. Mayor Bueker this was a request by TML for cities to join with them in a lawsuit attacking Constitutionality of the City Sales Tax. Mr. Baldwin said the city's portion would be about $48.82. ,S\.!)q Mrs. Hyatt moved to go ahead and join TML in their lawsuit attacking the constitutionality of the City Sales Tax. Mr. Sawyer seconded the motion which carried with the following vote: AYES: Councilmembers Hyatt, Sawyer and Stomackin NAYS: None B. The Mayor explained this was also a request by TML to join them in the Southwestern Bell Telephone rate case. He said that two years ago the city joined them in a similar case against the telephone company and they were successful in reducing the rate increase requested. Mrs. Hyatt moved to join TML in the Southwestern Bell Rate Case. Mr. Sawyer seconded the motion which carried with the following vote: 1 ;.:~-?~ AYES: Councilmembers Hyatt, Sawyer and Stomackin NAYS: None : I #16 EXECUTIVE SESSION: Mayor Bueker recessed the Regular Session at 8:17 P.M. and called an Executive Session under Article 6252-17 Texas Civil Statutes, Section 2 (g). Mayor Bueker reconvened the Regular Session at 10:30 P.M. #17 CITY MANAGER'S REPORT: Mr. Baldwin had nothing at this time. #18 ITEMS BY MAYOR: None at this time. #19 ITEMS BY COUNCIL: Mrs. Hyatt asked that if the city couldn't do something such as running radar at the Dobie road crossing on FM 3009 and Mr. Sawyer suggested we express a desire to the Highway Department to change the speed on FM 3009 and and press them to put a traffic light at the crossing. Mayor Bueker asked Mr. Baldwin to get the regulations for Council study. Mrs. Hyatt also asked if something couldn't be done about the pot holes on Live Oak Road. Mayor Bueker said to have the Street Department personnel take a look and give an assessment of the problems there. i_ 51 B. Mr. Sawyer gave a report on the Schertz Public Library asking everyone to call the County Judge and let him know how we feel in our end of the County concerning Revenue Sharing monies. #20 ADJOURNMENT: On a motion by Mrs. Hyatt, seconded by Mr. Sawyer and unanimously carried, the meeting adjourned at 10:44 P.M. ~v~~c ~~ Mayor, City of Schertz, Texas ATTEST: ~. ~1itU#n - Ci t~ry, ty of Schertz SPECIAL SESSION OF THE CITY COUNCIL AUGUST 14, 1979 The Schertz City Council convened in Special Session, Tuesday, August 14, 1979 at 7:10 P.M. in the Conference Room of the Municipal Complex, 1400 Live Oak Road, with the following members present: Mayor Pro Tem Earl W. Sawyer, presiding; Richard L. Howe, Gail Hyatt, Walter F. Schneider and Jack M. Stomackin, Sr. Absent: Mayor Robert C. Bueker. Staff present Acting City Manager Hal Baldwin and City Secretary June G. Krause. #1 WHOLESALE WATER CONTRACT: Mr. Sawyer introduced the subject of the Northcliffe water rate contract and asked Mr. Mark Graham of Comprehensive Design to address the Council on this matter. Mr. Graham gave Council some statics on the 1979 Nacogdoches well pumping projections as well as the combined projections of the well and Homecraft usage. During his presentation, Mr. Graham recommended the City change from CPSB PLN (power lighting exempt rate) to the LLP (large lighting power) rate which would save the city money on the electric billing. MAYOR BUEKER ARRIVED AT 7:25 P.M. Council decided to hear representatives of Homecraft before making a decision on the new rate charge, this presentation to be at the next meeting of the Coucni 1.