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ccreg-06-10-1980 170 REGULAR MEETING OF THE CITY COUNCIL JUNE 10, 1980 The Schertz City Council convened in Regular Session, Tuesday, June 10, 1980 at 7:00 P.M. in the Council Chambers, 1400 Live Oak Road, with the following members present: Mayor Jack M. Stomackin, Sr, presiding; Mayor Pro Tern Richard L. Howe; Barbara Taylor; Walter F. Schneider; Earl W. Sawyer; and Jacqueline Lawler. Staff present were City Manager Jimmy G. Gilmore and City Secretary June G. Krause. #1 APPROVAL OF MINUTES: A. Mr. Sawyer moved the minutes of the Special meeting of May 19, 1980 be approved. Mrs. Lawler seconded the motion which carried with the following vote: AYES: Counci1members NAYS: None ABSTAINING: Mr. Howe Taylor, Schneider, Sawyer and Lawler B. Mr. Schneider moved to accept the minutes of the Regular Meeting of May 20, 1980. Mrs. Lawler seconded the motion which carried with the following vote: AYES: Counci1members Taylor, Schneider, Sawyer and Lawler NAYS: None ABSTAINING: Mr. Howe. #2 HEARING OF RESIDENTS: Mr. Dave Allen, representing the Dancing Bexars addressed the Council concerning the electric charges and clean-up fees for use of the City parks and Community Center. Mayor Stomackin informed Mr. Allen that he would take the comments into consideration and would have the City Manager so advise him. At this point, Mayor Stomackin had two special awards to present. Mrs. Gail Hyatt was given a plaque for her two terms on the City Council and Mr. Harold Baldwin was given a plaque for his outstanding service to the City of Schertz over the years. #3 ZONING CASE ZC-26: Mayor Stomackin identified this case as a request by Mr. Odo Riedel to rezone from R-2 (Single Family Dwelling District) to R-4 (Multi Family/Apartment Dwelling District) the southern 3.169 acre parcel of the 8.927 acre tract between Live Oak Road and Pfel1 Street. He also advised the Council that this would require a 3/4 vote of the Council for approval of the request for rezoning. On being questioned by Mr. Howe concerning the public hearing, Mr. Gilmore said that there were 3 or 4 for the rezoning and and 3 or 4 against; but they did have a petition presented against the rezoning with over 20% of the residents within the prescribed limits of the property in question signing. This is what brought about the requirement for at least a 3/4 vote of Council. Mr. Schneider said this request does not conform to the Master or Comprehensive Plan of the City and therefore, constitutes spot zoning in his opinion. I~ 171 Aft~r further discussion by the Council, Mrs. Lawler made a motion that the Cit~ Council deny the P&Z Commission's recommendation on ZC-26. Mr. Schneider seconded the motion with the vote being as follows: AYES: Mrs. Taylor and Mrs. Lawler iNAYS: Mr. Howe and Mr. Sawyer The iMayor declared the rootion denied with a two to two vote. Afterwhich the mem~ers of the audience asked for clarification of the vote. As there was some confusion as '.to the intention of the Council voting, Mrs. Lawler withdrew her motilon and Mr. Schneider withdrew his second. .Ji :<-Yo Mr. lHowe then made a motion to deny Odo Riedel's request for rezoning from R-2 to R-4. Mr. Schneider seconded the motion, with the following vote: AYES: Mr. Sawyer and Mrs. Lawler, and Mr. Howe NAYS: Mr. Schneider, Mrs. Taylor' The IMaYOr then said the request was denied on a three to two vote. 1#4 BUILDING USAGE REQUEST: Mayor Stomackin introduced Mr. Michael Wohl presented a request by the Guadalupe Valley Cou~ci1 on Alcoholism and Drug Dependence for use of the small office building at 4101 Oak Street. They would like this building for office space for the development of comprehensive information, referral and counseling program aimed at ~lleviating the anguish of alcoholism and other drug dependence. With the free use of the building they plan to apply for a grant to operate their pro- gram. At the present they are operating on a volunteer basis. Cou~ci1 discussed at length with Mr. Wohl the program and how it is planned to tle of help to the Citizens of Schertz. . Mr. 'Schneider then moved to table this item and put it on the next workshop ager,da. Mr. Sawyer seconded the motion which carried with the following vote: ,;;j. ) I IAYES: Councilmembers Howe, Taylor, Schneider, Sawyer and Lawler. jNAYS: None #5 CABLE TELEVISION ADVISORY BOARD CHARTER: The City Manager explained the letter was written as Cou1cil requested and the two changes were made in the charter. Mr. iHowe moved to approve the Cable Television Advisory Board Charter. Mr. Sawyer seconded the motion which carried with the following vote: IAYES: Council members Howe, Taylor, Schneider, Sawyer and Lawler. NAYS: None L./ / l '- #6 BID AWARD: Mr. Gilmore directed Council to letter recommendation from SAFES on the Summer's ambulance preference. Mr. lSchneider moved to award the ambulance bid to Summers Ambulance of I Dun4anvil1e, Texas, in the amount of $29,989.32 which is their bid #1, and appl'ove purchase order authori zation and to gi ve SAFES approval to sell #262 to highest bidder. Mrs. Lawler seconded the motion. 1 Mr. Howe asked if perhaps 10% could be retained for one or two weeks. 172 9& - go q '1/ go 9i, ~!) 9 1;- i(a The Mayor then called for a vote on the motion, which was approved as follows: AYES: Counci1members, Howe, Taylor, Schneider, Sawyer and Lawler. NAYS: None #7 BID AWARD: The City Manager stated that only one bid was received after going out the second time and this bid does not include drinks nor service on the weekend. He seemed to think it would be more trouble than benefit. Mr. Schneider moved to reject the bid from Toms Peanuts for swimming pool concession. Mr. Sawyer seconded the motion which carried with the following vote: AYES: Councilmembers Howe, Taylor, Schneider, Sawyer and Lawler. NAYS: None #8 STREET DEDICATION: The City Manager explained this item had been discussed at workshop and several previous meetings. and the solution as to the best method for payment in lieu of taxes is being coordinated with the Housing Authority as a separate item. Mr. Sawyer moved to accept the dedication of the streets in Clyde Ford Village. Mrs. Lawler seconded the motion which carried with the following vote: AYES: Counci1members Howe, Taylor, Schneider, Sawyer and Lawler. NAYS: None #9 APPOINTMENTS: Mayor Stomackin asked for suggested names to be appointed to the five-member Charter Review Committee. Mr. Schneider suggested the names of Tom Joyner, William Schneiderhan and Eugene McCabe; Mrs. Taylor suggested William Courtney, Mr. Howe - Dick Mans- field; Mr. Sawyer suggested Tom Harm;. Mrs. Lawler - Bill Hamm and Mayor Stomackin suggested Steve Webster. The City Manager explained the charter says this should be a five member committee but that an alternate can be named. the names of Dick Mansfield and William Schneiderhan were withdrawn as these men had not been contacted previously. Mr. Sawyer moved to appoint Mr. Tom Joyner, Eugene McCabe, William Courtney, Tom Harm, Bill Hamm and Steve Webster to the Charter Reveiw Committee with Mr. Joyner as Chairman. Mr. Schneider seconded the motion which carried with the following vote: AYES: Councilmembers Howe, Taylor, Schneider, Sawyer and Lawler NAYS: None Mr. Gilmore requested the Council set the workshop meeting of July 14th to meet with this committee. #10 PAYMENT AUTHORIZATION: The City Manager said the billing has been veri fi ed. Mr. Schneider moved to authorize payment to Ford Engineering for the month of May in the amount of $520.09. Mrs. Taylor seconded the motion which carried i L-- 173 with the following vote: 'AYES: Councilmembers Howe, Taylor, Schneider, Sawyer and Lawler !NAYS: None l~o/(JtJ #11 ORDINANCE: The Mayor introduced the following captioned ordinance with the City Manager reading the caption. ORDINANCE NO. 80-S-12 IAN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS iAMENDING THE ZONING ORDINANCE (ORDINANCE NO. 79-S-15) OF THE :CITY OF SCHERTZ, TEXAS; CHANGING THE CLASSIFICATION OF A 300 ACRE TRACT OF LAND FROM PD TO GB AND M-1; A 335 ACRE TRACT OF LAND !FROM PD TO GB AND R-l; A 324.13 ACRE TRACT OF LAND FROM PD TO GB iAND R-1; AND REFLECTING SAID CHANGE ON CERTAIN ZONING MAPS IN !ACCORDANCE WITH ARTICLE II AND III OF SAID ZONING ORDINANCE. I Mr . Howe moved to approve the fi na 1 readi ng of an ordinance amendi ng the zoning ordinance No. 79-S-15 and authorize the "mayor to sign same. Mr. Schreider seconded the motion which carried as follows: AYES: Counci1members Howe, Taylor, Schneider, Sawyer and Lawler. NAYS: None ' /0/- ;(u #12 ORDINANCE: The Mayor introduced the following captioned ordinance with the City Manager reading the caption as follows: ORDINANCE NO. 80-S-13 AN ORDINANCE ADOPTING ARTICLES 974a AND 970a, REVISED CIVIL STATUTES OF TEXAS; REGULATING THE SUBDIVISION OF LAND WITHIN THE CORPORATE .LIMITS AND WITHIN THE APPROPRIATE SURROUNDING LANDS; ESTABLISHING 'SUBDIVISION DESIGN STANDARDS; PROVIDING FOR IMPROVEMENTS TO BE MADE OR GUARANTEED TO BE MADE BY THE SUBDIVIDER AND PRESCRIBINB THE SPECI FICATIONS OF SUCH IMPROVEMENTS; REQUIRING AND REGULATING THE PREPARA~ TION AND PRESENTATION OF PLATS TO THE CITY PLANNING COMMISSION AND SETTING FORTH THE PROCEDURES TO BE FOLLOWED IN APPLYING THESE RULES, REGULATIONS AND STANDARDS IN ORDER TO EFFICIENTLY SUBDIVIDE THE LAND IWHILE PRESERVING THE HEALTH AND INTEREST OF THE PUBLIC; PROVIDING FOR ENFORCEMENT; PROVIDING A SAVING CLAUSE; REPEALING ALL PREVIOUS SUBDIVISION ORDINANCES AND PROVIDING FOR INTERPRETATION OF CONFLICTING ORDINANCES; PROVIDING THE REQUIREMENTS FOR VARIANCES; PROVIDING A PENALTY FOR VIOLATION; SETTING FORTH SPECIFICATIONS AND CHECKLISTS. Mr. Sawyer moved to approve final reading of this ordinance on regulating subdivisions and authorize the mayor to sign same. Mrs. Taylor seconded the motion which carried with the following vote: AYES: Counci1members Howe, Taylor, Schneider, Sawyer and Lawler NAYS: None #13 ORDINANCE: The Mayor introduced the following captioned ordinance I as an emergency measure and the City Manager read the caption as follows: , / C',~,1 - ,,'/ , 174 Q../go /O.;.J / v'" qo ORDINANCE NO. 80-M-14 AN ORDINANCE AUTHORIZING THE USE OF THE MUNICIPAL COMMUNITY CENTER OWNED AND CONTROLLED BY THE CITY OF SCHERTZ, TEXAS: SETTING FORTH THE POLICIES, RULES, R6NTAL RATES AND LEASE AND RESERVATION AGREEMENTS; PROVIDING A PENALTY FOR VIOLATIONS OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. Mr. Schneider moved to consider this ordinance as an emergency and approve passage, regulating activities of the Community Center and setting fees and authorizing the Mayor to sign same. Mr. Howe seconded the motion which carried with the following vote: AYES: Counci1members Howe, Taylor, Schneider, Sawyer and Lawler NAYS: None #14 ORDINANCE: Mayor Stomackin introduced the following captioned ordinance with the City Manager reading the caption. 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 SECTIONS 12-6(b) and 12-6(d); PROVIDING THAT NOTIFI- CATION BE MAILED TO PARTIES WHO FAIL TO APPEAR IN MUNICIPAL COURT AND PROVISIONS FOR ARREST, CONFINEMENT, FINE AND POSTING OF BONDS. Mrs. Taylor moved to approve the first reading of an ordinance amending Sections 12-6(b) and 12-6(d) of the Code of Ordinances. Mr. Sawyer seconded the motion which carried with the following vote: AYES: Counci1members Howe, Taylor, Schneider, Sawyer and Lawler NAYS: None #15 EXECUTIVE SESSION: None needed at this time. #16 CITY MANAGER'S REPORT: Mr. Gilmore called attention to a proposed ordinance on massage parlors; recommended that discussion on proposed annexations be held at the next workshop session; and briefly discussed some aspects of his proposed budget, including a rec- commended pay schedule table. #17 ITEMS BY MAYOR: Mayor Stomackin advised that his office is open Saturday mornings from 8 AM to 12:00 noon for those citizens that are unable to meet with him during normal office hours. #18 ITEMS BY COUNCIL: Mr. Schneider questioned the zoning for massage parlors. Mr. Mazian was allowed to offer a complaint on low water pressure at his residence in Deer Haven. The Mayor informed him that the Public Works Director would check into it the first thing the next morning. Mr. Howe suggested that when the City lets contracts for streets, etc. a clause be inserted whereby the contractor is responsible for six months to one year. ~ 175 He also asked that the police and citizens watch the fire hydrants and notify the municipal offices when they see someone getting water from them to see if the person has a permit and deposit on file. Mr. Howe also asked the status of the Mobile Villa water contract. Mr. Gilmore advised the engineer is checking the line at this time and that 10% of the contract is being withheld. Mr. ,Sawyer said he heard that two members of the police department saved a child1s life over the weekend and they should receive recognition by the city. Mrs; Lawler said it was pointed out to her that the official newspaper was not:notified of the awards given at this meeting and they did not have the opp~rtunity to have photographers present. Mr. Sawyer agreed and said that any'opportunity to advertise the City should not be passed - that staff sho~ld notify both papers each time. #19 ADJOURNMENT: at ~:19 P.M. On a motion by Mr. Howe, seconded by Mr. Schneider and unanimously carried, the meeting was adjou ned ATT~ST: I I I ~ 1~^O'f citr?7~ry, .Cit chertz I I SPECIAL SESSION OF THE CITY COUNCIL J UN E 16, 1 980 The Schertz City Council convened in Special Workshop Session, Monday, Jun!e 16, 1980 at-7:00 P.M. in the Conference Room of the Municipal Complex 14~0 Live Oak Road with the following members present: Mayor Jack M. Stomackin pr~siding; Richard L. Howe; Barbara Taylor; Walter F. Schneider; Earl W. Sawyer and Jacqueline Lawler. Staff present were City Manager Jimmy G. Gilmore and Ci~ Secretary June G. Krause. I I #1 WORKSHOP SESSION: A. Mr. Jernigan, member of the Board of Directors 1 of the Guadalupe Valley Council on Alcoholism and Drug Dependence, addressed the Council concerning their request for use of :the building at 401 Oak Street for office. During the discussion with COLnci1 it was brought out that they intend to involve both youth and entire fani1y in their program of education and information. There would be no fi~ancial obligation involved for the city other than the free use of the bu~lding, which includes insurance and utilities except telephone. B. Council discussed the direction they 'wished to follow with respect to future annexations.