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3-5-1985 126 REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 1985 D The Schertz City Council convened in Regular Session, Tuesday, March 5, 1985, at 7:00 P.M. with the following members present: Mayor Earl W. Sawyer, presiding; Charles B. Sharpe, Hal Baldwin, Ross Hoover, Adolph Aguilar and Ken Greenwald. Staff present were City Manager Jimmy G. Gilmore and City Secretary June G. Krause. Mayor Sawyer preceding the opening of the meeting by welcoming the members of the Samuel Clemens Basketball team and their coaches Weldon Beard and Mitch Huff. Coach Beard introduced the team members present giving a little background on each player. Mayor Sawyer then read a proclomation commending and congratulating the 1984-85 Samuel Clemens Buffaloes for their outstanding Basketball season. JOINT PUBLIC HEARING: Mayor Sawyer said the purpose of this Joint Public Hearing with the Planning and Zoning Commission was to receive input from the public on a request for rezoning approximately 127 acres from predevelopment to Single Family Dwelling District, Garden Home District, MUlti-family Dwelling District, Public Use District, Neighborhood Service District and General Business District. He then turned the hearing over to the Vice-chairman of the Planning and Zoning Commission. Mr. Tom Yarling explained the procedures to be followed at the D hear ing, after which the P&Z has ten days to make a recommendation to the Council. No input will be allowed after the close of this public hearing. Mr. Hartzog pointed out on a plat the locations of the various zonings requested. The entire parcel of land is located on FM 3009, south of Live Oak Road and Dietz Road. Mr. Hartzog said all property owners, according to the City's tax rolls have been notified of the hearing. Mr. Malcomb Hester gave a presentation of slides showing the proposed configuration of the project, including landscaping, drainage, minimum access to FM 3009. Mr. Hester answered some questions of Council, saying this is a master plan of th project and that recreation areas for children may be added later, as well as another access to FM 3009. Mr. Yarling then asked if there were citizens that wished to be heard. 1. Mr. Edward Squire of 804 Robert Derrick felt the additional traff ic generated and the general business zone would diminish the enjoyment of the area for the many retired people who have purchase homes nearby. 2. Mr. Bob Groganius, who owns a garden home across FM 3009 from 0 this project, object to the proposed zoning and would like to see the area only single family district. I . ~ I I \ ~ 27 3. Mr. David Besch of 917 Cyrus McCormick, said the problems with drainage in the area .were not created by this project but have been on-going for some time. 4. M. Bruce Gill of Woodland Oaks asked if the future widening of FM 3009 was taken into consideration on this project. Mayor Sawyer said there is enough land to widen FM 3009 to five lanes but that that does not have anything to do with zoning. The Mayor also mentioned that Council plans to change the name of FM 3009 to Jack Hays Boulevard. There being no further comments from the citizens, Councilor Planning and Zoning members, the Public Hearing was declared closed by Mayor Sawyer at 7:22 p.m.. Mr. Sawyer called for a short recess, while the Planning and Zoning Members were departing for their meeting. The Regular Meeting was reconvened at 7:31 p.m. BOARD OF ADJUSTMENT HEARING: Mayor Sawyer advised that, in accordance with City Charter, the Council sits as the Board of Adjustment. The Board has received a request from Mr. George L. Vonada to place a mobile home on the rear of his property at 422 River Road. Planning and Zoning had reviewed the request and unanimously recommended this request be disapproved. Mr. Don Cabe of 419 River Road said he objected to a mobile home being moved into his residential area. Mr. Gene Dugger of 414 River Road said it would be right behind him and he also objected to this request. Mr. Vonado was not present at the meeting. Mr. Greenwald moved to comply with Planning and Zoning recommendation to disapprove the placing of a mobile home at 422 River Road. Mr. Baldwin seconded the motion, which carried with the following vote: AYES: Councilmen Sharpe, Baldwin, Hoover, Aguilar and Greenwald. NAYS: None #1 APPROVAL OF MINUTES: Mr. Aguilar moved to approve the minutes of the Special Meeting of February 13, and the Regular Meeting of February 19, 1985. Mr. Greenwald seconded the motion, which carried with the following vote: AYES: Councilmen Sharpe, Baldwin, Hoover, Aguilar and Greenwald. NAYS: None 128 #2 HEARING OF RESIDENTS: Mayor Sawyer introduced Mr. Jim Brannon, Guadalupe County Commissioner. Mr. Brannon gave a short report of the happenings with Commissioners Court. He mentioned that as of January 1, 1985, the County went to the Unit System. The roads will be paved according to traffic on them. This year he hopes to accomplish seven miles of paving in Precinct 3. #3 BID AWARD: Consideration of awarding bid on Streets and Parks vehilce. Mr. Gilmore said that three bids were received - Benson Toyota, in the amount of $6170; Performance Nissan for $6652.47 and Krueger Chevrolet for $5697.20. He recommended going with Krueger for a Mazda at the $5697.20. This is a budgeted item and is well below budget figure. Mr. Sharpe moved to approve the bid from Krueger Chevrolet in the amount of $5697.20 for this pickup. Mr. Baldwin seconded the motion. Mr. Sawyer agreed with Mr. Aguilar that these bids should be presented at workshop before coming to regular meting. He then called for a vote on the motion, which carried as follows: AYES: Councilmen Sharpe, Baldwin, Hoover, Aguilar and Greenwald. NAYS: NONE #4 ORDINANCE: Mayor Sawyer introduced an ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS CREATING THE DEPARTMENT OF HEALTH FOR THE CITY OF SCHERTZ AND DEFINING THE POWERS AND DUTIES THEREOF Mr. Aguilar moved to adopt the first reading of an ordinance creating the Department of Health. Mr. Baldwin seconded the motion. Mr. Sharpe said we need to notify the busineses concerned and make copies of the ordinance available to them. Mayor Sawyer said we are preparing a letter giving a synopsis of the ordinance and it will be mailed to all businesses in the city. He then called for a vote on the motion, the motion carried as follows: AYES: Councilmen Sharpe, Baldwin, Hoover, Aguilar and Greenwald. NAYS: None \ \ o D #5 BAD DEBT CHARGE OFF: There are two considerations involved - A. NSF checks and fees from July 1980 through May 0 1983, in the amount of $726.06; and B SAFES billing from October through December 1983 - $3,137.67) . 'f,i:L .:11 ' i;.L~';,l:~li"rtj,i,,~~ 'd&~' 'I. r- I I . r I , ~ 12!J Mr. Greenwald moved to write-off $726.06 NSF checks and fees and SAFES billing in the amount of $3,17.67. Mr. Baldwin seconded the motion. Mayor Sawyer asked our attorney if it is legal to demand something other than checks, such as money orders and cash, for Municipal Court fines. Mr. Har r is said it was legal but could create problems when someone comes in, not knowing the policy, and doesn't have the cash on him. You would almost have to give them 10 days to come in and pay and they may not come back. This would have to be printed on the back of the tickets that only cash was allowed. Mayor Sawyer then called for a vote on the motion before Council. AYES: Councilmen Sharpe, Baldwin, Hoover, Agu~lar and Greenwald NAYS: None #6 RESOLUTION: Mayor Sawyer introduced and read a resolution, the caption is as follows: RESOLUTION NO. 85-R-l A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS SUPPORTING THE DEVELOPMENT AND CONSTRUCTION OF SEA WORLD IN THE RANDOLPH REGION. Mr. Sharpe moved to approve the resolution supporting Sea World in the Randolph Region. Mr. Aguilar seconded the motion, which carried with the following vote: AYES: Councilmen Sharpe, Baldwin, Hoover, Aguilar and Greenwald. NAYS: None #7 EXECUTIVE SESION: None needed. #8 CITY MANAGER'S REPORRT: A. We have a letter from H.E.B.. The gentleman was visiting and getting various marketing information for and outlet in this area. B. We have a request from the South Texas Chamber of Commerce wanting to know if the City desires to run the same ad we have run for the last two years. The bas ic ad is $95, with other costs if you want more information. Council concensus was to go with the same ad we had last year. C. The Texas Department of Community Affairs will have five workshops throughout Texas in March. The closet is in Austin on 130 " \ I March 21 from 10:00 a.m. to 4:00 p.m.. It would be worthwhile to have staff and possible members of Council attend. D. Have a letter from Forbes company thanking Council for listening to them during our work session on February 13. o E. Last Friday night we had a large rash of tires being punctured with ice picks or something similar, mostly in Greenfield. So far a total of 74 tires were punctured one or more times each. We are patrolling more often in this area and have questioned two juveniles. #9 ITEMS BY COUNCIL: Mr. Sharpe reported on a seminar he attended in Seguin on Water laws and water rights. Mr. Baldwin said he ran across something from Grantsmanship Institute and called them. An engineeing firm has the number now but gave him the phone number where Grantsmanship may be reached. Mr. Hoover reported on problems he has been having with the garbage colletors. Mr. Aguilar reported legislative reports. on trip to Austin for a meeting Said it was a most enjoyable trip. on Mr. Greenwald reported the area by GVEC need repairing again, the street is sinking. Mr. Greenwald ordinance was. workshop agenda. also asked what the status of a false alarm Mr. Gilmore said it should be on the next o #10 ITEMS BY MAYOR: Mr. Sawyer said he- and Mr. Sharpe attended a symposium on the Corr idor Study at Southwest Texas State University. #11 ADJOURNMENT: adjourned at 9:54 p.m.. unanimously carried. Mr. Greenwald moved the meeting be The motion was duly seconded and ATTEST: o ii ,Pi f.. s: