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ccreg-11-07-1978 20'7 REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 7, 1978 The Schertz City Council convened in Regular Session, Tuesday, November 7, 1978 at 7:00 P.M. in the Council Chambers, 1400 Live Oak Road with the following members present: Mayor Pro Tem Walter F. Schneider, presiding; Richard L. Howe; Gail Hyatt; Earl W. Sawyer and Earl Johnson. Absent: Mayor Robert C. Bueker. Staff Present: City Manager Walter W. Hill, Jr.; Asst. City Manager Hal Baldwin; and City Secretary June G. Krause. #1 APPROVAL OF MINUTES: A. Mrs. Hyatt moved the minutes of the Regular ~ Meeting of October 17, 1978 be approved as pre- ~ sented. Mr. Sawyer seconded the motion which carried with the following vote: -' . '"' ~ AYES: Councilmembers Howe, Hyatt, Sawyer and Johnson. ~ NAYS: None B. Mrs. Hyatt moved to approve the minutes of the Special Session of October 24, 1978. Mr. Johnson seconded the motion which carried with the following vote: AYES: Councilmembers Hyatt, Sawyer and Johnson. NAYS: None ABSTAINING: Howe #2 HEARING OF RESIDENTS: Mr. Dick Chambless reserved time for Item #7. #3 POLICE RESERVE: The City Manager gave a brief background on each of the four candidates for appointment to the Police Reserve Force. He explained they had completed the required schooling, had been thoroughly checked out and were aski ng for appoi ntment by the Counci L,before being licens.ed by the State. Mrs. Hyatt moved to appoint Winfred S. Read, John E. Bierschwale, Raul G. Rodri- quez and Timothy A. Schlichting as Reserve Officers to assist our regular Police Officers. Mr. Sawyer seconded the motion which carried with the following vote: AYES: Councilmembers Howe, Hyatt, Sawyer and Johnson. NAYS: None / q 6 - 79 #4 ORDINANCE: The Mayor Pro Tem introduced the following captioned ordinance which was read in full by Intern Richard Nash. Mrs. Hyatt moved that said ordinance be considered by the Council. Mr. Sawyer seconded the motion which was carried by the following vote: AYES: councilmembers Howe, Hyatt, Sawyer and Johnson. NAYS: None 1~f>.?1 The following captioned ordinance was then discussed and fully considered by the Council: AN ORDINANCE OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES CITY OF SCHERTZ, TEXAS, BE AMENDED BY REPEALING CHAPTER 7 OF SAID CODE AND REPLACING WITH A REVISED CHAPTER 7; PROVIDING FOR THE ~Ulj , I ~ ? - ?~ Iq~ ~ ?tl I ~'1'()~ / ~ 0 - ?~ \ "~\ ..1'6 ADOPTION OF THE 1974 EDITION OF THE SOUTHERN STANDARD FIRE PREVENTION CODE; THE OFFICES OF FIRE CHIEF AND FIRE MARSHAL AND THEIR DUTIES; RESCINDING ALL ORDINANCES IN CONFLICT. Whereupon Mrs. Hyatt moved that said ordinance be further considered at the next regular meeting of the City Council to be held on the 21st day of November, 1978, which motion was seconded by Mr. Sawyer and which carried by the following vote: AYES: Councilmembers Howe, Hyatt, Sawyer and Johnson. NAYS: None #5 ORDINANCE: The Mayor Pro Tem introduced the following captioned ordinance which was read in full by Intern Richard Nash. Mr. Howe moved that said ordinance be considered by the Council. Mrs. Hyatt seconded the motion which was carried by the following vote: AYES: councilmembers Howe, Hyatt, Sawyer and Johnson. NAYS: None The following captioned ordinance was then discussed and fully considered by the Counci 1 : AN ORDINANCE ESTABLISHING THE FIRE LIMITS FOR THE CITY OF SCHERTZ, TEXAS, ACCORDING TO THE SOUTHERN STANDARD BUILDING CODE, AS AMENDED. Whereupon Mr. Howe moved that said ordinance be further considered at the next regular meeting of the City Council to be held on the 21st day of November, 1978, which motion was seconded by Mrs. Hyatt and which carried by the following vote: AYES: Councilmembers Howe, Hyatt, Sawyer and Johnson NAYS: None #6 ORDINANCE: The Mayor Pro Tem introduced the following captioned ordinance which was read in full by the City Manager. Mr. Howe moved that said ordinance be considered by th~ Council as an emergency measure, which motion was seconded by Mr. Sawyer. Whereupon said motion was fully discussed and considered. Said motion was approved and adopted by the following vote: AYES: Councilmembers Howe, Hyatt, Sawyer and Johnson. NAYS: None The Mayor Pro Tem then introduced the hereinafter set forth ordinance as an emergency measure. Thereupon it was moved by Mr. Howe and seconded by Mr. Sawyer that said ordinance be finally passed and adopted. The Mayor Pro Tem put the motion to a vote of the Council and the ordinance was finally passed and adopted by the following vote: AYES: Councilmembers Howe, Hyatt, Sawyer and Johnson. NAYS: None 209 ORDINANCE NO. 78-F-19 AN ORDINANCE OF THE CITY OF SCHERTZ, TEXAS, AMENDING ORDINANCE NO. 78-F-7 BY ADDING A WATER MAIN EXTENSION POLICY AND DECLARING AN EMERGENCY. ~ :\} ~ r.~ ~ (JJ #7 ORDINANCE': The Mayor Pro Tem introduced the following captioned ordinance which was read in full by Intern Richard Nash. Mr. Howe moved that said ordinance be considered by the Council as an emergency measure, which motion was seconded by Mr. Sawyer. Whereupon said motion was fully discussed and considered. The Mayor' put the motion to consider said ordinance as an emergency measure to the members of the Council and said motion was approved and adopted by the following vote: AYES: Councilmembers Howe, Hyatt, Sawyer and Johnson. l q~.?g NAYS: None The Mayor Pro Tem then introduced the hereinafter set forth ordinance as an emergency measure. Thereupon it was moved by Mr. Howe and seconded by Mr. Sawyer that said ordinance be finally passed and adopted. The Mayor Pro Tem put the motion to a vote of the Council and the ordinance was finally passed and adopted by the following vote: AYES: Councilmembers Howe, Hyatt, Sawyer and Johnson. NAYS: None ) q 3 -?~ ORDINANCE NO. 78-0-18 AN ORDINANCE DEFINING NOISE NUISANCES; SPECIFYING CERTAIN ACTS CONSTITUTING NOISE NUISANCES AND PROVIDING THE SAME SHALL NOT BE EXCLUSIVE; DEFINING CERTAIN TERMS; CONTAINING A SAVING CLAUSE; REPEALING ALL FORMER ORDINANCES IN CONFLICT HEREWITH; PROVIDING A PENALTY FOR VIOLATION OF THIS ORDINANCE AND THAT EACH DAY VIOLA- TION CONTINUES SHALL CONSTITUTE A SEPARATE OFFENSE; AND PROVIDING AND EFFECTIVE DATE; AND DECLARING AN EMERGENCY. Mr. Chambless discussed this ordinance with the council and city attorney to ascertain if it would cover such things as motorcycles racing motors at stop signs. #8 RESOLUTION: Mayor Pro Tem Schneider introduced the following captioned resolution which was read in full by Intern Richard Nash. Mr. Howe moved the resolution,be adopted. Mr. Sawyer seconded the motion which was carried with the following vote: AYES: Councilmembers Howe, Hyatt, Sawyer and Johnson. NAYS: None Iq1~7g #9 CONTRACT: Mr. Howe moved to approve the contract between the City of Schertz and the Schertz Business Club for the 4th of July Jubilee. Mr. Sawyer sec~nded the motion which carried with the following vote: AYES: Councilmembers Howe, Hyatt, Sawyer and Johnson. NAYS: None f) .J ~)I'J I"),;:,;' It> ~lU #10 P&Z RECOMMENDATIONS: Mr. Hill presented the recommendations of the P&Z Commission as being approval of rezoning request by Mr. Burris for the remaining portion of Lotl, Block 1 Bavarian Village Shopping Center Subdivision be rezoned from Pre-development District to General Business District and rezone Lot 1 and Lot 3, Block 2 Bavarian Village Shopping Center Subdivision from Pre-development to General Business District. Mr. Sawyer moved that, based on the recommendations of the Planning & Zon- ing Commission, approval be given this request for rezoning. Mrs. Hyatt seconded the motion which carried with the following vote: Iq~.~q AYES: Councilmembers Howe, Hyatt, Sawyer and Johnson. NAYS: None 1~?1~ #11 SECTION 8 HOUSING: The City Manager presented HUD's request for 7 additional Section 8 Units for the Val Verde Apartments. Also the recommendations of the applicants for these units and information from the manager ,of the apartments. Staff recommended approval of this request. Mr. Howe moved the request for 7 additional Section 8 units for Val Verde Apartments be granted. Mrs. Hyatt seconded the motion which carried with the fo 11 owi ng vote: AYES: Councilmembers Howe, Hyatt, Sawyer and Johnson NAYS: None #12 NEWSLETTER: Council discussed the proposed newsletter and re- commended additional items before approving same. #13 CITY MANAGER'S REPORT: Mr. Hill had two items for Council (1) Regarding the entrance to Mobile Villa Estates, the distance between pavement on access road and easement is 45 feet. The ditch would take up 29 feet. This would leave 16 feet for placement of future utilities. Also, it was determined that water does flow both directions to the box culvert going across I 35. Mr. Hill received approval from the Council to proceed with working with the Highway Department on this project. (2) Mr. Hill also presented a letter he had written to Homecraft Corporation in which he stated they were in violation of their contract by watering their golf course and asked that they cease using City of Schertz water for this purpose by March 31,1979. Council approved the wording of this letter. #14 ITEMS BY MAYOR: Nose at this time. #15 ITEMS BY COUNCIL: A. Mrs. Hyatt asked the status of the City helping the residents of Rittimann Addition. Mr. Hill said the residents had been notified by individual letters that we will assist in any way possible, indicating where to call for police, fire and ambulance help; also informing then the staff are looking into the grant situation for them. ~ :-J ...... r .::;; - ,... ---- \.JJ 211 Mr. Howe brought up the subject of the county loosing money by not making title transfer and licensing of vehicles abailable anywhere but iOJSeguin. Mr. Hill was to contact both County Commissioner Ackermann and theCounty Tax AIC in this rega rd. Mr. Johnson asked if the State had indicated whether or not they would mark the left turn lane on FM 78 and if they intend to mark this lane at a slower speed. Mr. Hill said the lane would be marked with a left turn but he was not sure about the speed limits but that he was asking for a traffic check. #16 ADJOURNMENT: On a motion by Mrs. Hyatt, seconded by Mr. Johnson and unanimously carried, the meeting adjourned at 8:24 P.M. /v~- JL~d/ Mayor1Jro Tem, City of Schertz, Texas ATTEST: (1.,,- ~p Ci~ecretary, City of Schertz SPECIAL MEETING OF THE CITY COUNCIL NOVEMBER 14, 1978 The Schertz City Council convened in Special Joint Session with the Planning and Zoning Commission, Tuesday, November 14, 1978 at 7:00 P.M. in the Council Chambers, 1400 Live Oak Road with the following Council members present: Mayor Pro Tem Walter F. Schneider, presiding; Richard L. Howe; Gail Hyatt; Earl W. Sawyer and Earl Johnson. Staff: City Manager Walter W. Hill, Jr., Asst. City Manager Hal Baldwin; Inspector Ron Garrison; Intern Richard Nash and City Secretary June G. Krause. #1 ZC-20: Mr. Schneider introduced the rezoning request by Mr. Jim Brunson to rezone a porti on of tract "A" Mobil e Vi 11 a Estates, Uni t I, from Neighborhood Services District to Mobile Home Park District. P&Z Chairman Aguilar introduced Mr. Brunson, who explained the reason for this request. He has a prospective buyer who wishes to put a mobile Home on this portion of the lot. As the lot is illshaped, it is not suitable for any other purpose. After discussion of the request and deciding it meets the four criteria as set out in the code, Chairman Aguilar set the Public Hearing date on this request for December 12, 1978 at 7:00 P.M. #2 ZC-21: The Mayor Pro Tem introduced the request to rezone a portion of a 92.472 acre tract out of the John Saladin Survey Abstract No. 299 from Pre-development to M-l Light Industrial District.