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9-17-1985 266 REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 17, 1985 Il LJ The Schertz City Council convened in Regular Session Tuesday, September 17, 1985 at 7:00 P.M. in the Council Chambers of the Municipal Complex with the fOllowing members present: Mayor Earl W. Sawyer < presiding; Hal Baldwin; Charles B. Sharpe; Adolph Aguilar; Ken Greenwald. Absent was: Raymond E. Stanhope. Staff were City Manager Jimmy G. Gilmore and Deputy City Secretary Sylvia C. Tay~or. After welcoming everyone to the meeting, Mayor Sawyer presented a Proclamation to the SAFES EMS in honor of "Emergency Medical Services Week" September 29- October 5. PUBLIC HEARING: Mayor Sawyer opened the public hearing and explained the purpose of the hear ing was to recieve input from citizens on the proposed annexation of approximately 83.22 acres of land out of Bexar County. The.following six citizens asked questions of Council concerning the proposed annexation: 1. Joan Harris 2. Tom Koehler 3. Robert Buckhanan 4. James Harris 5. Melvin Car~ey 6. Richa~d M. Stoll o Their concern available, and annexation. pertained to what step taxes, what services would could be taken to prevent be the Council explained to the citizens that the annexation of the 83.22 acres of land was necessary in order to be able to annex the citizens living on the South end of Randolph Air Force Base who have petitioned the Council for annexation. Mayor Sawyer, Council and Mr. Gilmore expla.ned that they would recieve the same services available to all citizens currentl~ in the city limits. The tax rate, 43.6 cents on $100 valuat1on, would be determined by the value given to the property by the Guadalupe County Appra1sal District; the county tax would be for Bexar County. The citizens present were informed that if a petition requesting the 83.22 acres of land not be annexed was brought forth Council would take it into consideration, as well as all comments made at the public hearings. There were no further questions from the citizens, Mayor Sawyer 011, declared the public hearing closed and informed citizens that there would be another public hear ing. The public hearing was -'~:;J:~ ;;~-; ,~;;'~" ~~fR.;'~' (/ 267 closed at 7:40 p.m. at wh_ch time Mayor Sawyer cal~ed for a short recess. I Council reconvened at 7:45 p.m. BOARD OF ADJUSTMENT HEARING: Mayor Sawyer explained that the City Council sat as the Board of Adjustment as required by the City Charte~. He then stated the purpose of the BOA Hearing was to receive input from the public on the Natural Bridge Cavern's request to improve the present sign on IH~35 across for Country Corners. The representative of Natural Bridge Cavern explained the improvement to modernize the present sign; putting a monopole in place of the present one. Mr. Greenwald motion~Q to approve sign for Natural Bridge Cavern. Mr. Baldwin seconded the motion that carried as follows: AYES: NAYS: Councilman Sharpe, Baldwin, Aguila~ and Greenwald None #1 APPROVAL OF MINUTES: Mr. Shal"pe moved to approve the minutes of Special Meeting August 28, 1985. Mr. Agui~ar seconded the motion which caI~ied as fol~ows: ,--. I AYES: Councilman Sharpe, Baldwin, Aguilar and Greenwald NAYS: None #2 HEARING OF RESIDENTS: None #3 G.V.E.C.: Mr. Hines presented Council with a request fo~ a rate change for each class of electrical service; explaining the reason for the rate change for each. Mr. Hines also mentioned that 12% of wholesale cost is being used to subsidize the Lower Colorado Authorities; GVEC has a case pending in District Court in hopes of eliminating the 12% being subsidized. Mr. Baldwin asked what would happen if GVEC ~ost the case; would it interrupt the electrical service provided to the City. Mr. Hines replied that the services provided to any of its customers would not be interrupted; if they won their case it would mean a gradual decrease in rates to ail its customers. Mr. Aguilar ~g to favorably consider GVEC request for a rate change. Mr. Sharpe seconded the motion which carried as follows: AYES: NAYS: Councilman Sharpe, Baldwin, Aguilar and Greenwald None r #4 VARIANCE: ML. Sharpe m~ to table this item until Good Sheperd Church was contacted about the Staff's recommendation. Seconded by Mr. Baldwin the motion which carried as follows: ~ 268 1 AYES: Councilman Sharpe, Baldw~n, Agui1a~ and Greenwald NAYS: None o is TRANSFER OF APPROPRIATIONS: Mr. Aguilar JllQ.E to approve the transfer of appropriations in accordance to Section 7.07 (c) of the City Charter. Seconded by Mr. Greenwald the motion carried as follows: AYES: NAYS: Councilman Sharpe, Baldwin, Aguila~ and Greenwald None i6 ZC '72: Mayor Sawyer gave a citizen consideration to speak on this item. The citizen's concern was that the rezoing by Morton Southwest would cause more traffic problems on FM 3009. Mr. Sharpe stated that one of the plans the City had looked at was to develop commercial properties. Council had already tried to get the speed limit on FM 3009 changed but it was the citizens responsibility to write to their representatives stating their concerns. Mr. Aguilar inquired if it had not been decided by that the P&Z'S recommendation be changed to state lot sizes to be of at least equal size. Mr. Sharpe stated that Council had agreed to the change but the change must be included in the motion. Mr. Greenwald moved to approve the rezoning request by Morton Southwest provided the lot sizes adjacent to Woodland Oaks and Savannah Square be of at least equal size. Mr. Sharpe seconded the motion which carried as follows: o AYES: Councilman Sharpe, Baldwin, Aguilar and Greenwald NAYS: None #7 P&Z APPOINTMENT: Mr. Aguilar moved to appoint Mr. Donald Wilson to fill the vacancy on the P&Z. Mr. Sharpe seconded the motion which carried as follows: AYES: Councilman Sharpe, Baldwin, Aguilar and Greenwald NAYS: None i8 ORDINANCE: Mayor Sawyer introduced an ordinance and read the caption as follows: 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 SECTI-ONS 18-32 STOP , 18-76. SPEED, 18-91 PARKING PROHIBITED, OF SAID CODE o . . ~il':::~ ";:~.,'", ';~~!,!.~;':~-,,,,,,~,,,",, G) h !~~ /.....;..f ,,"-..." ~ _ ...-- I Mr _ Baldwin moved to approve the first reading of an ordinance amending the Traffic Control Ordinance. Mr. Greenwald seconded the motion that carried as follows: AYES: Councilman Sharpe, Baldwin, Aguilar and Greenwald NAYS: None #9 ORDINANCE: Mayor Sawyer introduced an ordinance and read the caption as follows: AN ORDINANCE AN ORDINANCE REGULATING THE KEEPING OF LIVESTOCK. FOWL, CATS, DOGS, WILD ANIMALS, AND VICIOUS ANIMALS WITHIN THE LIMITS OF THE CITY OF SCHERTZ; PRESCRIBING SANITARY CONDITIONS OF PENS AND ENCLOSURES; PRESCRIBING LIMITS IN DISTANCE FROM LIVING, DINING, OR SLEEPING STRUCTURES; PROVIDING FOR ANIMAL CONTROL OFFICERS, LICENSING i VACC:NATING AND IMPOUNDING OF DOGS AND CATS; ANNUAL OCCUPATIONAL PERMITS; IMPOUNDING AND SELLING OF LIVESTOCK RUNNING AT LARGE; A SAVING CLAUSE; PENALTY AND REPEALING CERTAIN ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH EXCEPT THOSE PROVISIONS IN THE ZONING ORDINANCE WHICH REGULATES THE KEEPING OF LIVESTOCK, FOWL, DOGS AND CATS. -- I I I I Mr. Greenwald moved to approve the first reading of an ordinance regulating animal control. Mr. Baldwin seconded the motion which carried as follows: AYES: Councilman Sharpe, Baldwin, Aguilar and Greenwald NAYS: None #10 ORDINANCE: Mayor Sawyer int.:oducted an ordinance and read the caption as follows: AN ORDINANCE PROVIDING FOR THE EXTENSION OF THE BOUNDRY LINES OF THE CITY OF SCHERTZ, TEXAS BY THE ANNEXATION OF A TRACT OF LAND CONTAINING 88~9 ACRES MORE OR LESS, OUT OF COMAL COUNTY. :- l Mr. Greenwald moved to approve the first reading of an ordinance on the proposed annexation of 88.9 acres out of Comal County. Mr. Aguilar seconded the motion which carried as follows: AYES: Councilman Sharpe, Baldwin, Aguilar and Greenwald NAYS: None #11 EXECUTIVE SESSION: None ~ 9 F'70'"O "",.J '\ \1 , #12 CITY MANAGER'S REPORT: Mr. Gilmore informed Council of a variance request by San Antonio Shoe Company allowing for a woodshingle roof which would be fire proved. Mr. Gilmore also informed Council that Chief Keith send letters to Universal City Police Department as well as the other Police departments that assisted during the emergency to thank them for their professionalism. D i13 ITEMS BY COUNCIL: Mr. Sharpe updated Council on the Joint Council meeting, Oct. 10, 1985. Mr. Baldwin asked if the new rates had been recieved for Mr. Gutierrez. Mr. Gilmore replied that Mr. Gutierrez did not have the rate schedule available yet. Mr. Gilmore stated that he would try to reach Mr. Gutierrez again. Mr. Greenwald stated that the renaming of East Live Oak should be brought up at the next workshop. 114 ITEMS BY MAYOR: Mayor Sawyer remained Council of the Joint Council Meeting on October 10, 1985. Mayor Sawyer also called for a Special Meeting on October 10, 1985 to be held at 0 the Municipal Co~lex, at 6:00, in order to hear residence before the Joint Council Meeting. Mr. Sharpe asked if the rest of the Council were holding a Special meeting before the Joint Meeting. Mayor Sawyer stated that he did not know what the other Councils were doing but he insisted in hearing of residence before any Council meeting. i15 ADJOURNMENT: On a motion by Mr. Baldwin, seconded by Mr. Aguilar the meeting was adjourned at 9:20 p.m. ATTEST: ~A-'t!.~ Depu y City Secretar , City of Schertz (Seal of City) o ";-".,~~i:t.Lt<,,"';i,;";;',< .........;:1 l.:,~,: