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ccreg-08-27-1979 53 REGULAR MEETING OF THE CITY COUNCIL AUGUST 21. 1979 The Schertz City Council convened in Regular Session, Tuesday, August 21, 1979 at 7:00 P.M. in the Council Chambers, 1400 Live Oak Road with the follow- ing members present: Mayor Robert C. Bueker, presiding; Richard L. Howe; Walter F. Schneider; Earl W. Sawyer and Jack Stomackin. Absent: Gail Hyatt. Staff present: Acting City Manager Hal Baldwin and City Secretary June Krause. #1 APPROVAL OF MINUTES: A. Mr. Howe moved to approve the minutes of the Regular Meeting of August 7, 1979 as written. Mr. Sawyer seconded the motion which carried with the following vote: AYES: Councilmembers Howe, Schneider, Sawyer and Stomackin. NAYS: None B. Mr. Sawyer moved to approve the minutes of the Special Session of August 4, 1979. Mr. Howe seconded the motion which carried with the following vote: AYES: Councilmembers Howe, Schneider, Sawyer and Stomackin. NAYS: None #2 HEARING OF RESIDENTS: The following people wished to reserve time to speak on agenda item #3A: Don Grainger, Ted Seversen; Bill Bledsoe, Bob Bates and Gloria Stegman. ....... , #3 PUBLIC HEARING: Mayor Bueker opened the Public Hearing at 7:04 P.M. and explained the purpose of the hearing was to receive the views of the citizens pursuant to the adoption of the budget for Fiscal Year 1979-80, including Revenue Sharing. There were no citizens wishing to discuss the budget and Council had no questions at this time. The Mayor declared the public hearing closed at 7:06 P.M. Before continuing with the agenda, Mayor Bueker introduced the new City Inspector, Bill Hamm to the Council and audience. #3 A ORDINANCE: Mayor Bueker explained this item, which was an addendum to the agenda, is being placed at this particular time as there were so many from the audience wishing to be heard regarding the ordinance regulating zoning. Mayor Bueker then read the recommendations of the Planning and Zoning Com- mission as follows: They had looked at the alternatives offered by residents of Greenfield village and City staff and recommended that the City Council accept the proposed ordinance as originally submitted. Mr. Grainer of 101 Dearborn addressed the Council reiterating his former presentation to the Council concerning the strip zoning along FM 3009. Mr. Seversen said he did not feel Greenfield Village was represented on the Planning and Zoning Commission, even though a couple of them live in Greenfield. 54 He said he felt they needed their side of the story told. Mrs. Bledsoe of 133 Patric Henry said among other things that she agreed with what had been said and realized that apathy on their part by not coming to meetings until something directly affected them was their problem. The Greenfield Village Association was going to start up again and they would be coming to more meetings. She then asked the Council to back off the zoning of FM 3009 and give them a chance to give more input. Mr. Bob Bates of 112 Webster, spoke as a citizen who would be most effected by the zoning as presented by P&Z as his home will be right next to the commercial zoning. He felt it-would hinder growth of Webster Drive, which is not fully developed at this time. Mrs. Gloris Stegman of 69 Robert Stevens Drive said the Council would be creating another Pat Booker, detrimental to the school children. If you start filling up the open area, it will be detrimental to the wholesome atmosphere of the area. Mr. Grainer concluded by again giving the four alternatives that had been previously presneted to the Council. Mayor Bueker thanked those speaking for 91v1ng their advice to the Council and assured them that whatever decision was made regarding the zoning on FM 3009, Council understood their problems. He went on to say that the City has always had a master plan and with no deviation has always called for both commercial and residential zoning and that it was wise and prudent that P&Z took an outward look at zoning. He said he would like to hear P&Z discuss cluster versus strip zoning as the city does have to accomodate for both commercial and residential in the City. After further discussion by the Council, Mr. Howe moved to commercial zoning on FM 3009 from Greenfield Village south strip along FM 78, meet with the P&Z again on August 28th, seconded the mot i on wh i ch .ca rri ed with the 1io 11 owi ng vote: eliminate the to the 350 foot Mr. :"Schnei der I:3E ~?i AYES: Council members, Howe, Schneider, Sawyer. NAYS: Councilmember Stomackin. I '3~.1~ Mr. Sawyer then moved to approve the Zoning Ordinance by approving it with the above stated stipulation and remove that particular zoning from the zon- ing map until such time as Council and P&Z can study it further. Mr. Schneider seconded the motion which carried with the following vote: AYES: Councilmembers Howe, Schneider, Sawyer and Stomackin NAYS: None At this time Mr. Glenn Lazano addressed the Council with questions concerning the advertisement for proposal for a wrecker contract. Mayor Bueker requested that he check with the Chief of Police on any questions he may have. I 1- 55 ! I' ORDINANCE NO,J 79-S-l5 AN ORDINANCE BY THE PROVISIONS OF ARTICLE lOlla, REVISED CIVIL STATUTES OF TEXAS, TO REGULATE THE LOCATION, HEIGHT, BULK, NUMBER OF STORIES, AND SIZE OF BUILDINGS; OPEN AREAS; LOT COVERAGE; DENSITY AND DISTRIBUTION OF POPULATION; THE USES OF LAND, BUILDINGS AND STRUCTURES; TO REQUIRE OFF-STREET PARKING AND LOADING; AND FOR SAID PURPOSES TO DIVIDE THE CITY INTO DISTRICTS OF SUCH NUMBER, SHAPE, SIZE AND CHARACTERISTICS AS MAY BE ADVISABLE TO CARRY OUT THESE REGULATIONS; TO PROVIDE FOR ITS ENFORCEMENT; TO PROVIDE FOR A BOARD OF ADJUSTMENT; AND TO PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISION. #4 ORDINANCE: The Mayor intorduced the following captioned ordinance which was read by the Acting City Manager. The Mayor stated for the record that the City does have a balanced budget with no aniticipated increase in taxes but there are plans for restructuring some of the funds by asking for proposals for wrecker service, radio and vehicle maintenance, and park mowing. After discussion, Mr. Schneider moved to declare the ordinance an emergency and to accept the ordinance on the budget as such. Mr. Sawyer seconded the motion which carried with the following vote: AYES: Councilmembers Howe, Schneider, Sawyer and Stomackin NAYS: None 13f; -'11 ORDINANCE NO. 79-M-14 AN ORDINANCE PROVIDING FUNDS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1979 AND ENDING SEPTEMBER 30, 1980, 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 OPERATION OF THE VARIOUS ACTIVITIES AND IMPROVEMENTS OF THE CITY; AND STIPULATING EMERGENCY ADOPTION. #5 HOMECRAFT WHOLESALE WATER CONTRACT: Mayor Bueker asked the representative of Homecraft to address the Council concerning the wholesale water rate increase as requested by the City. Mr. Dean Fenton, Vice President of Homecraft Development Land Association, introduced Mr. John Steen, Jr., legal council for GUADCO. He then went over the terms of the contract between the City and GUADCO. After reviewing the audit as well as the material sent to them, Mr. Fenton questioned several items: the allocation of 80% water and 20% sewer, the bad debt allocation, an item entitled "electricity for sewer", "Settlement to Devel- oper" item and the breakdown on salaries as to water and sewer. He ended his presentation by saying that based on these lack of deductions, they feel that the calculation of 59.2~ is not justified. 56 After hearing his presentation, Mayor Bueker said that at the present time, Council did not feel they were unjustly charging GUADcO and that they should review everything together. He asked that Mr. Fenton put in writing his proposal to the Council and that then a mutual meeting would be called. #6 BID AWARD: Concerning the bids on the sale of city owned property at 608 Live Oak Road, Mr. Baldwin read the two bids received and recommend not accepting either as they were both extremely low in his opinion. Mr. Howe moved to reject both the bids received for the sale of the property at 608 Live Oak Road, as being too low. Mr. Sawyer seconded the motion which carried with the following vote: t3/..1Q AYES: Councilmembers Howe, Schneider, Sawyer and Stomackin. NAYS: None #7 BID AWARD: Mr. Baldwin presented the one bid received on the construction of a building to house the SAFES vehicles. Tommy Crouch Construction Company submitted a base bid of $17,784.00 with Alternate #1 of $1,366; #2 - $292.00; #3 $487.00; #4 394.00; #5 841.00 and #6 626.00 for a total bid of $21,790.00. After discussion of the various alternates, Mr. Howe asked how many bids were mailed out and was told that approximately 7 bids were mailed. Mr. Schneider moved to accept the basic bid from Crouch Construction Company I in the amount of $17,784, plus Alternates #1 for $1,366, Alternate #2 for I I $292.00 and Alternate #4 in the amount of $394.00 for a total bid of $19,836.00. Mr. Howe seconded the motion which carried with the following vote: I~?' 9~ AYES: Councilmembers Howe, Schneider, Sawyer and Stomackin NAYS: None #8 PRESENTATION OF TAX ROLL: Mr. Baldwin, Tax Assessor/Collector, presented the 1979 tax roll with the minutes of the Board of Equalization meetings, including the Certificate from the Board showing a total tax roll of $52,652,731.00. Mr. Baldwin said that not one complaintant came before the Board of Equalization this year. On being question by Mr. Howe, Mr. Baldwin said that the increase this year was only a little over two million, the lowest increase in several years. Mr. Sawyer moved that the 1979 Tax Roll be accepted. Mr. Howe seconded the motion which carried with the following vote: I ~~" 0~ AYES: Councilmembers Howe, Schneider, Sawyer and Stomackin NAYS: None #9 -ORDINANCE: The Mayor introduced the following captioned ordin- I ance which was read by Acting City Manager Hal Baldwin. L-- 59 Mr. Baldwin explained the breakdown for levy and assessment was $.81 for current expense and operation of the General Fund and $.19 for requirements of the Tax Bond Interest and Sinking Fund. Mr. Schneider moved to accept the first reading of an ordinance levying and assessing all taxable property within the city. Mr. Sawyer seconded the motion which carried with the following vote: AYES: Councilmembers Howe, Schneider, Sawyer and Stomackin NAYS: None / 'fer 79 AN ORDINANCE LEVYING AND ASSESSING ALL TAXABLE PROPERTY WITHIfJ THE CORPORATE LIMITS OF THE CITY OF SCHERTZ, TEXAS, FOR THE YEAR 1979, PROVIDING THE BASIS OF ASSESSMENT OF APPRAISED VALUE AND PROVI DING FOR THE COLLECTION THEREOF AT THE RATE OF $1.00 ON THE ONE HUNDRED DOLLAR ($100.00) ASSESSED VALUATION. #10 RESOLUTION: The Mayor introduced a resolution on mutual aid agreement between the City of Schertz and City of Seguin. After which the Council discussed the pros and cons of the resolu- tion and decided they needed more information on this subject. Mr. Stomackin moved to table this resolution on mutual aid between the cities of Schertz and Seguin until further information is available. Mr. Sawyer seconded the motion which carried with the following vote: AYES: Councilmembers Howe, Schneider, Sawyer and Stomackin NAYS: None ILl j /)4 /1 f- , , #11 ADVERTISEMENT FOR BIDS: Mr. Howe moved to authorize staff to advertise for bids for the City's insurance needs. Mr. Schneider seconded the motion which carried with the following vote: AYES: Council members Howe, Schneider, Sawyer and Stomackin NAYS: None #12 ADVERTISEMENT FOR BIDS: Mr. Schneider moved to authorize staff to advertise for bids for the Official News- paper. Mr. Sawyer seconded the motion which carried with the following vote: i~:+"'11 AYES: Councilmembers Howe, Schneider, Sawyer and Stomackin NAYS: None 1~3.)1 #13 NEWSLETTER: Council concensus was for approval of the newsletter for the month of September as presented. #14 EXECUTIVE SESSION: Mayor Bueker called an Executive Session under Article 6252-17, as amended, of the Vernon's Texas Civil Statutes, Section 2 (g) at 9:25 P.M. - 60 The Regular Session of the City Council was reconved by Mayor Bueker at 10:25 P.M. #15 CITY MANAGER'S REPORT: Mr. Baldwin related the official allocation of County Revenue Sharing moni:es as follows: BVYA - $3,000; Library - $5,000; SAFES - $12,336 and Fire Department - $1,500. ' Mayor Bueker requested staff to send the County Judge a letter thanking them for their consideration. Mr. Baldwin also said they had received notice from the Chevrolet dealer in Seguin saying the authorization to make a decision on the ambulance repairs has been transferred to San Antonio. He also informed the Council that Mr. Boswell had talked to the contractor on the U.C. water line and he still has not received the pipe. #16 ITEMS BY MAYOR: Mayor Bueker read a letter he was sending to Mr. Sitterle concerning the request for easement over the U.C. water line. Council was in agreement with the letter as written. #17 ITEMS BY COUNCIL: Mr. Howe requested of the City Manager a cost analysis sheet giving the totals of all expenses etc. at the end of the fiscal year. Mr. Sawyer brief the Council on a dog bite case in which the owners of the dog (which they had impounded at home) had left town without any notification. He requested the Police Department investigator be brought in to help locate the dog and owner so that the small child would not have to take the innoculation shots. He also expressed a need for changing the Animal Control Ordinance to make impoundment of bite case animals more strict. ~- I Mr. Stomackin suggested, in light of the numerous commodes being destroyed in the park, replacing them with stainless steel like police departments have or putting steel mesh door over top and entrances. Council discussed having the repairs done in house rather than by a plumbing contractor, which is more expensive. #18 ADJOURNMENT: On a motion duly made, seconded and unanimously carried the meeting adjourned at 10:45 P.M. A~~ Mayor, City of Schertz, Texas ATTEST: n /' D ..,...p IJ-; ~~_ ~eta~~ of Schertz L