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ccreg-04-18-1978 liS~ ~o.?~ After discussion, Mr. Sawyer moved this request be denied because it would create spot zoning as defined under Article III, Section 12.2.2 (d) of the City's Zoning Ordinance. Mr. Howe seconded the motion which carried with the following vote: AYES: Counciomembers Howe, Schneider, Sawyer and Johnson NAYS: None On a motion by Mr. Howe, seconded by Mr. Sawyer and unanimously carried the meeting was adjourned at 7:57 P.M. ~ 1 f} 'f)/J ~ ~ \7_~ ayo Pro Tern, City of Schertz ATTEST: ~~.~nr ~ Secretary, ~lty of SchertZ REGULAR MEETING OF THE CITY COUNCIL APRIL 18, 1978 The Schertz City Council convened in Regular Session, Tuesday, April 18, 1978 at 7:00 P.M. in the Council Chambers, 1400 Live Oak Road, with the following members present: Mayor Robert C. Bueker, presiding; Mayor Pro Tem Walter F. Schneider; Richard L. Howe, Gail Hyatt, Earl W. Sawyer and Earl Johnson. Also present were City Manager Walter W. Hill Jr., Assistant City Manager Hal Baldwin and City Secretary June G. Krause. #1 APPROVAL OF MINUTES: A. Mrs. Hyatt requested the minutes of the Regular Meeting of April 4, 1978 be corrected to show that on Item No.8, she abstained from voting. Mr. Howe moved to approve the minutes of the Regular Meeting of April 4, 1978 as corrected. Mr. Sawyer seconded the motion which carried with the following vote: AYES: Councilmembers Howe, Hyatt, Schneider, Sawyer and Johnson NAYS: None B. Mr. Howe moved to approve the minutes of the Special Joint Meeting of the 12th of April 1978 as presented. Mr. Schneider seconded the motion which carried with the following vote: AYES: Councilmembers Howe, Schneider, Sawyer and Johnson I NAYS: None ABSTAINING: Mrs. Hyatt. 139, #2 HEARING OF RESIDENTS: Mr. Erb requested time for item #7. On non- agenda items Julie Johnston, Wanda Koch and Bobbie Koch and Fred Martin requested time. Mrs. Johnston, who lives in the Village 3 & 4 area on Curtiss requested some- thing be done about trucks and cars not observing the speed limit signs. Mr. Hill was asked to look into this request. - Mrs. Wanda Koch and Bobbie Koch both spoke regarding some land they had sold. The builder/buyer, after dealing with the City for 30 days, informed them that he now finds there are more restrictions than he was originally informed about and they almost make it impossible for him to utilize the land as planned. The Kochs asked if something could be done to help them and the buyer. Mr. Hill informed them he had been working with the buyer most of the day and would continue to do so. - ...;. ::'J ~~ OM .........-' c.w Mr. Martin said that he is representing the Square Dance Club that uses the Community Center every Wednesday and their six months' agreement is about over. He wanted to know if the Councilor staff knew of any changes that might be made in their renewal and was told none. #3 PUBLIC HEARING: The Mayor opened the Public Hearing at 7:14 P.M. and explained the purpose was to establish priorities of the 1978 Community Development Discretionary Grant application. Mr. Lund, Chairman of the Citizen Participation Committee, gave the committee's recommendations as follows: 1. Universal City well system improvements - $554,500.00 2. Drainage Improvements - $104,500.00 3. Rittimann Addition clearance, relocation and site improvements - $662,900 4. Mobile Villa Estates Unit water improvements - $78,100. There were no citizens wishing to add priorities at this time. The Mayor declared the public hearing closed at 7:28 P.M. #4 COM. DEV. APPLICATION PRIORITIES: Mr. Sawyer moved to approve the priorities as listed by Mr. Lund Grant Application. Mrs. Hyatt following vote: for the Community Development Discretionary seconded the motion, which carried with the AYES: Councilmembers Howe, Hyatt, Schneider, Sawyer and Johnson. NAYS: None fl/-?{ #5 BID AWARD: Mr. Baldwin briefed the Council on the bid opening for 2 cash regiaters. Bids were received from Nelson Cash Register Company, NCR and TEC America Inc. He recommended awarding the bid to the low bidder TEC America Inc. for 2 MA-190 Electronic cash registers for a total amount of $3315.50. Mr. Howe moved to award the bid to TEC America Inc. for the purchase of two MA-190 cash registers in the amount of $3315.50, with the stipulation that their warranty and maintenance work would be checked. Mr. Schneider seconded the motion which carried with the following vote: AYES: Councilmembers Howe, Hyatt, Schneider, Sawyer and Johnson. NAYS: None q~. 7~ 140 #6 ORDINANCE: The Mayor introduced the following captioned ordin- ance which has been read and considered at the last regular meeting of the Council on the 4th day of April 1978. It was de- termined that the City Secretary had caused a short synopsis of said pro- posed ordinance to be published in the official city newspaper after its consideration at the last meeting and prior to this meeting. Whereupon said ordinance was discussed and further considered by the Council. Thereupon it was moved by Mr. Schneider and seconded by Mr. Johnson that said ordinance be finally passed and adopted, which motion was carried by the following vote: <6~-?e AYES: Councilmembers Howe, Hyatt, Schneider, Sawyer and Johnson. NAYS: None ORDINANCE NO. 78-M-8 AN ORDINANCE AMENDING ORDINANCE NO. 74-M-4; READOPTING SAID ORDINANCE NO. 74-M-4 AS AMENDED; DECLARING THE POLICY OF THE CITY OF SCHERTZ TO BE IN FURTHERANCE OF THE RIGHT OF EACH IN- DIVIDUAL TO PROVIDE HIMSELF AND HIS FAMILY A DWELLING, INCLUDING FINANCING THEREOF, WITHOUT REGARD TO RACE, COLOR, SEX, RELIGION, OR NATIONAL ORIGIN; DEFINING TERMS; ADOPTING REGULATIONS CONCERNING FINANCING OF DWELLING; PROVIDING REGULATIONS CONCERNING BROKERAGE SERVICES; PROVIDING CERTAIN EXEMPTIONS AND EXCLUSIONS; OUTLINING THE DUTIES OF THE CITY ATTORNEY AND THE AUTHORITY OF THE ADMINISTRATOR; FORBIDDING INTIMIDATION; CONTAINING A SERVERANCE CLAUSE; PROVIDING A PENALTY; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. #7 IRA STREET PAVING: Mr. John M. Erb, president of Erb-Marshal Inc. owners of Batter-Up, addressed the Council concerning the condition of Ira Street. This is the only access to their business and is in bad condition, with large rocks, holes and much dust. His customers, as well as the people living on the street, have complained. After Council discussion, it was suggested that oiling the street for now would help and this should be an item for discussion at budget time. Mayor Bueker assured Mr. Erb that staff would see what could be done now to help alleviate his problem. #8 ORDINANCE: The Mayor introduced the following captioned ordinance which was read in full by the City Manager. Mr. Howe moved that said ordinance be considered by the Council. Mr. Sawyer seconded the motion which was carried by the following vote: (l/~ .?~ AYES: Councilmembers Howe, Hyatt, Schneider, Sawyer and Johnson. NAYS: None The following captioned ordinance was then discussed and fully considered by the Council: 1,41 AN ORDINANCE APPOINTING A BOARD OF EQUALIZATION FOR THE CITY OF SCHERTZ, TEXAS AND FIXING THE TIME FOR THE MEETING OF SUCH BOARD. Whereupon Mr. Howe moved that said ordinance be further considered at the next regular meeting of the Council to be held on the 2nd day of May, 1978, which motion was seconded by Mr. Sawyer and carried with the following vote: AYES: Councilmembers Howe, Hyatt, Schneider, Sawyer and Johnson. NAYS: None 9.G- 'l ~ ...... '_;OJ - )o-.~ ....~~ C,.1..J #9 WATER SERVICE REQUEST: Council discussed and considered a request by Mr. H. P. Bussey for a 1" water service to his property on I 35 in the City's ETJ. -. .-i . ='1 Mr. Howe moved to approve the request by Mr. H. P. Bussey for a 1" water ser- vice to his property on 135. Mrs. Hyatt seconded the motion which carried with the following vote: AYES: Councilmembers Howe, Hyatt, Schneider, Sawyer and Johnson NAYS: None 91,' #10 P&Z RECOMMENDATIONS: Mr. Hill presented the recommendations of the P&Z Commission as follows: 1. approval of Mr. Barnardls request for a zoning change. 2. There were two recommendations on the entrance to Oak Forest: A. Mr. Simmons be allowed to make the follow- ing improvements to Circle Oak Drive as part of Unit 2; namely improve the existing entrance way and provide curbing from east side of the entrance up to the intersection with Lazy Oak. Also he would make necessary improvements to Crest Oak Lane, from FM 3009 to the north right of way of Crown Oak as part of Oak Forest Unit 3. B. Mr. Simmons will make necessary improvements to Crest Oak Lane from FM 3009 to the north right of way of Crown Oak as part of Unit 2 and the City will in turn make necessary improvements to Circle Oak Drive as stated above. Mr. Hill said staff recommended B under item 2. Mr. Johnson moved to approve Mr. George Barnard's request for a zoning change. Mr. Sawyer seconded the motion which carried with the following vote: AYES: Councilmembers Howe, Hyatt, Schneider, Sawyer and Johnson. NAYS: None q7r?~ B. After considerable discussion by the Council, Mr. Howe moved to follow the recommendations of the P&Z and staff and approve option B, being that Mr. Simmons will make necessary improvements to Crest Oak Lane from FM 3009 to the north right of way of Crown Oak as part of Unit 2 and the city will in turn make necessary improvements to Circle Oak Drive as stated in the P&Z recommendations dated April 14, 1978. Mr. Johnson seconded the motion which carried with the following vote: AYES: Councilmembers Howe, Hyatt, Schneider, Sawyer and Johnson. NAYS: None qgr?~ #11 SWIMMING POOL CONCESSION: The City Manager asked for authorization , 14~~ %~-~q qt>-?tJ q \ - <t~ q d- . ?~ '(3.?<f. to advertise for bids on vending machine concession for the swimming pool facility and presented a simple bid form proposal. Council asked that the bids include not only vending machines but personal - ! services also. Mr. Sawyer moved to authorize the City Manager to advertise for bids for concessions for the swimming pool facility. Mr. Schneider seconded the motion which carried with the following vote: AYES: Councilmembers Howe, Hyatt, Schneider, Sawyer and Johnson. NAYS: .None #12 BOA RESIGNATION AND APPOINTMENT: Mr. Sawyer moved that the resig- nation of Mr. Robert Schwartz Mr. Schneider seconded the motion from the Board of Adjustments be accepted. which carried with the following vote: AYES: Councilmembers Howe, Hyatt, Schneider, Sawyer and Johnson. NAYS: None Council suggested the names of Joe Potempa and Cecil Tilghman as potential members of this board but delayed appointments until conformation could be obtained. #13 CHARTER REVIEW COMMITTEE: Mr. Sawyer moved that a Charter Review Committee be formed to include the following people: Fred Martin, 4300 Lazy Oak Lane; William J. Schneiderhahn, 128 Roundtree Drive; Thomas C. Joyner, 514 Mitchell Avenue and Merwin G. Willman, 310 Mitchell Avenue, plus two as yet unconfirmed members, and that their review be finished in sufficient time to be included in the election of April 1979. Mr. Schneider seconded the motion which carried with the following vote: AYES: Councilmembers Howe, Hyatt, Schneider, Sawyer and Johnson. NAYS: None #14 PERSONNEL BOARD: Mr. Sawyer moved to accept the resignation of Gail Hyatt, with thanks for fine work done on the board, from the Personnel Board. Mr. Johnson seconded the motion which carried with the following vote: AYES: Councilmembers Howe, Hyatt, Schneider, Sawyer and Johnson. NAYS: None Mr. Howe moved to appoint Mrs. Bobbie Koch as a member of the Personnel Board. Mr. Sawyer seconded the motion which carried with the following vote: AYES: Councilmembers Howe, Hyatt, Schneider, Sawyer and Johnson. NAYS: None t43 #15 CITY MANAGER'S REPORT: Mr. Hill informed the Council that HUD would be approving the 1978 Hold Harmless Community Development program the next day. This would include the fire truck monies. Also that the P&Z has set a workshop to discuss the changes to be recommended for the Zoning Ordinance and they solicit public input. #16 ITEMS BY THE MAYOR: None at this time. #17 ITEMS BY COUNCIL: None ~ :'\J #18 ADJOURNMENT: On aiimotion by Mr. Schneider, seconded by Mrs. Hyatt ~ and unanimously carried, the meeting adjourned at ~~ 8:43 P.M. -~ ....." CJJ ATTEST: ~/CO r/~-/ Mayor, City of Schertz, Texas (];~?, J-r- ~~ c~secretary, CitY~Schertz SPECIAL MEETING OF THE CITY COUNCIL APRIL 15, 1978 The Schertz City Council convened in Special Session, Saturday, April 15, 1978 at 9:00 A.M. in the Conference Room of the Municipal Complex, 1400 Live Oak Road with the following members present: Mayor Robert C. Bueker, pre- siding; Mayor Pro Tern Walter F. Schneider, Richard L. Howe, Gail Hyatt, Earl Sawyer and Earl Sawyer. Also City Manager Walter W. Hill Jr. #1 EXECUTIVE SESSION: Mayo~ Bueker called an executive session under Article 6252-17, Section 2 (g) or Vernon's Texas Civil Statutes, as amended. On a motion duly made and seconded and carried unanimously, the meeting adjourned at 10:50 A.M. ATTEST: ~r (/ /~~ ~ ,/ Mayor, City-of -S-chertz, 1;~as fl,,-.;tJ ~ c~tary.Ciiy of SChe~t~ .