ccreg 12-15-1992
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REGULAR MEETING OF THE CITY COUNCIL
DECEMBER 15, 1992
The Schertz City Council convened in Regular Session,
Tuesday, December 15, 1992 at 7:00 p.m. in the Council
Chambers of the Municipal Complex, 1400 Schertz Parkway,
Schertz, Texas. The following members were present: Mayor
Earl W. Sawyer, presiding; Joe Potempa; Barbara Stanhope;
Mary Marsh and Ken Greenwald. Absent: Hal Baldwin. Staff
present were Assistant City Manager Steve Simonson and City
Secretary June Krause.
After welcoming everyone to the meeting, Mayor Sawyer asked
them to rise and join him in the Pledge of Allegiance.
#1 PUBLIC HEARING: The purpose of the public hearing
was to receive citizen comments on the proposed name change
of Jack Hays Boulevard to Roy Richard Drive.
Mayor Sawyer asked if there were citizens wishing to speak.
Roman Froboese of 4513 F.M. 3009, addressed the Council,
saying he was born here and had lived here all his life. He
asked to give a little history of this road in question. He
advised that originally, when it was just a little dirt
road, it was called "Eichwald", which means Oak Forest in
English. In 1946 the road was graveled by the County and in
mid 1950 it was paved by the County. There was some
confusion in this era by translating the "Eichwald" name
into English - at the 1-35 end signs were put up calling
this road "Oak Wood" and at the other end the signs read
"Live Oak". Then late in the 1960s, it was improved and
changed to F.M. 3009. Shortly after that, Schertz put up
signs calling it "Greenfield Road". He said that they did
not receive any notice; but in the 1980s, the name was
again changed to "Jack Hays Boulevard". He spoke of the
difficulty of directing someone from San Antonio or Austin
to the area because of the confusion because at the
intersection of F.M. 78 it does not say FM 3009 = just Jack
Hays Blvd. However on the other end at I-35 it says FM 3009
but not Jack Hays Blvd. If there is another change, it will
be years before the confusion is eliminated. Mr. Froboese
said that if anyone is honored for this road, it should be
the early settlers who started it, especially since Schertz
is a German settlement. He said he was told there was no
legal notice of this hearing in the papers.
Mayor Sawyer assured him the notice was in the papers, along
with the notice of the Planning & Zoning notice of hearing.
2. Tom DeKunder, Schertz resident for 24 years, was in
support of the name change. He said when he first carne to
Schertz in 1968, one of the first things he found out about
was the City government and Roy Richard. He said he was
never in favor of the name "Jack Hays". He said that
Schertz does have some history and some has been recorded
and some had not. He felt that Roy Richard Sr. was a part
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of the Schertz
development of
about changing
important that
community.
history, as his career was committed to the
this city. He said the city needs to think
names more and when it is done, it is
recognition is given to those who made this
3. Ollie Burkett said he has lived here since 1970. He
said that as we look at ways to do things, we search for
things that are constant and change is the only thing that
is constant. He felt we need to pay tribute to people who
come in and make the community a better place to live and
that meet the needs of the community. He felt Dr. Richard
was one of those.
As there were no further comments from the citizens, Mayor
Sawyer declared the public hearing closed at 7:18 p.m.,
stating this item will be on the agenda for action at the
first meeting in January.
#2 APPROVAL OF MINUTES: Regular Meeting 12-1-92
Mrs. Marsh moved to approve the minutes of the Regular
Meeting of December 1, 1992. Mr. Greenwald seconded the
motion, which carried with the following vote:
AYES: Councilmembers Potempa, Stanhope, Marsh and Greenwald
NAYS: None
Mayor Sawyer informed everyone that Mr. Baldwin was still
in the hospital and was recovering quite well. Everyone
wished him a speedy recovery.
#3 HEARING OF RESIDENTS: Mr. Kreutler, 4212 Shady Oak
Lane, advised that former Mayor Jack Stomakin is in the
hospital and is expected to have surgery on Thursday.
#4 ORDINANCE: Mayor Sawyer introduced an ordinance
and read the caption as follows:
ORDINANCE NO. 92-M-25
AN ORDINANCE BY THE CITY COUNCIL OF THE
CITY OF SCHERTZ, TEXAS, ESTABLISHING A
CURFEW FOR MINORS UNDER SEVENTEEN YEARS
OF AGE TO PROHIBIT BEING IN ANY PUBLIC
PLACE DURING THE CURFEW PERIOD SET FORTH
HEREIN; PROVIDING AN ENFORCEMENT
PROCEDURE; ESTABLISHING CRIMINAL
PENALTIES FOR MINORS AND FOR PARENTS OF
MINORS; AND ADOPTING CERTAIN EXCEPTIONS.
Mr. Potempa moved to approve the final reading of an
ordinance establishing a youth curfew. Mrs. Stanhope
seconded the motion, which carried as follows:
AYES: Councilmembers Potempa, Stanhope, Marsh and Greenwald
NAYS: None
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#5 ORDINANCE: Mayor Sawyer introduced an ordinance
and read the caption as follows:
ORDINANCE NO. 92-A-26
AN ORDINANCE BY THE CITY COUNCIL OF THE
CITY OF SCHERTZ, TEXAS, PROVIDING FOR THE
MODIFICATION OF THE BOUNDARY LINES OF THE
CITY OF SCHERTZ, TEXAS, BY THE
DISANNEXATION OF A TRACT OF LAND
CONTAINING 2.34 ACRES OF LAND OUT OF
COMAL COUNTY.
Mr. Greenwald moved to approve the final reading
ordinance on the disannexation of 2.34 acres of land
Comal County. Mrs. Stanhope seconded the motion,
carried with the following vote:
of an
out of
which
AYES: Councilmembers Potempa, Stanhope, Marsh and Greenwald
NAYS: None
#6 ORDINANCE: Mayor Sawyer introduced an ordinance
and read the caption as follows:
AN ORDINANCE BY THE CITY COUNCIL OF THE
CITY OF SCHERTZ, TEXAS, AMENDING THE CODE
OF ORDINANCES OF THE CITY OF SCHERTZ
RELATING TO CERTAIN ANIMAL CONTROL
VIOLATIONS; AND ESTABLISHING AN
EFFECTIVE DATE.
Mr. Greenwald moved
ordinance amending the
control violations.
to approve the first reading
Code relating to certain
of an
animal
#7 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 SECTION
7-1/2-54, EXHIBIT 2 GARBAGE RATE
SCHEDULE; PROVIDING AN EFFECTIVE DATE;
AND REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT.
Mr. Potempa moved to approve the first reading
ordinance amending the Code relating to certain
Control violations. Mrs. Stanhope seconded the
which carried with the following vote:
of an
Animal
motion
AYES:
NAYS;
Councilmembers Potempa, Stanhope, Marsh and Greenwald
None
56
#8 ORDINANCE: Mayor Sawyer introduced an ordinance
and read the caption as follows:
AN ORDINANCE BY THE CITY COUNCIL OF THE
CITY OF SCHERTZ, TEXAS AMENDING SECTION
lOB, CITY OF SCHERTZ ORDINANCE 90-F-34i
PROVIDING FOR RENEWAL OF A FRANCHISE
AWARD FOR A PERIOD OF 2 TO 4 YEARS; AND
REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT.
Mr. Greenwald moved to approve the first reading of an
ordinance amending Ordinance 90-F-34, Section 10. Mrs.
Marsh seconded the motion, which carried as follows:
AYES: Councilmembers Potempa, Stanhope, Marsh and Greenwald
NAYS: None
#9 BID AWARD: Mr. Simonson explained these were bids
put together for the widening of F.M. 3009. The Department
of Transportation's bids will be let in January. In order
for us to meet their schedule, we had to advertise for bids
for a part of the jobs of relocating utilities in the right
of way, as we did not have time to do all of this in house.
As shown in the letter from engineer Ed Ford, the low
bidders were as follows:
Proposal I - MC Ethridge, in the amount of $26,622.50 for
the sewer line at Circle Oak.
Proposal II - MC Ethridge, in the amount of $36,538.00 for
water and sewer lines at Woodland Oak and F.M. 3009.
Proposal III - MC Ethridge, in the amount of $24,802.00 for
water line only at Dimrock and F.M. 3009.
Proposal IV - Joe Schumann, for $31,200.00 for water line at
Elbel Road and F.M. 3009.
The contractor stipulated that they will be completed with
their work by the 24th of February.
Mr. Greenwald moved to accept the low bids on the
relocation of utilities for the F.M. 3009 project. Mrs.
Stanhope seconded the motion, which carried as follows:
AYES: Councilmembers Potempa, Stanhope, Marsh and Greenwald
NAYS: None
#10 RESOLUTION: Mayor Sawyer introduced a resolution
and read the caption as follow:
RESOLUTION NO. 92-R-12
A RESOLUTION BY THE CITY COUNCIL OF THE
CITY OF SCHERTZ AUTHORIZING THE
ACQUISITION OF A 10.245 ACRE TRACT OF
LAND, COMPROMISING PENDING LITIGATION TO
COLLECT AD VALOREM TAXES OWED TO THE CITY
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OF SCHERTZ, AND AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE
DOCUMENTS AND INSTRUMENTS NECESSARY,
CONVENIENT, OR REQUIRED TO CONSUMMATE THE
ACQUISITION OF THE REAL PROPERTY AND
COMPROMISE OF LITIGATION.
Mr. Potempa_moved to approve the resolution authorizing tax
settlement agreement and land purchase. Mrs. Stanhope
seconded the motion.
Mrs. Marsh questioned Section 3 which state the City of
Schertz will pay the sum of $41,372.95.
Mayor Sawyer explained that since the owners did not pay
their taxes, we are agreeing to pay the back taxes for Comal
County and the Comal ISD and forgiving the City of Schertz
taxes. The land is on I-35 and the Council felt this was a
valuable piece of land for the city.
Mrs. Marsh said she did not understand or hear any
discussion about the City paying the taxes to Comal County
and ISD. She only heard discussion of excusing the City of
Schertz taxes.
Mr. Simonson pointed out the location of this property on
the map, indicating it was on I-35 at the intersection of
F.M. 482. He said he had talked with the lawyer this date,
who advised proceeding with the resolution because even if
Comal County is questioning the interest due, this
resolution is only for what the contents call for.
Mrs. Marsh still said she understood that there was this
land out there that we could obtain for the back taxes but
not payout $41,372.95 to anyone else on top of that.
Someone from the audience asked if there were any plans for
this property.
Mayor Sawyer said a possible site for a fire station. As
the city expands, we will need to expand our services.
Mayor Sawyer then called for a vote on the motion before
Council and the motion carried as follows:
AYES: Councilmembers Potempa, Stanhope, Marsh and Greenwald
NAYS: None
#11 CITY MANAGER'S REPORT: A. The next Regular
Meeting of the City Council will not be until December 30th.
B. Mr. Sweatt received word, just before he left, that our
bond money will be delivered to us on the 17th.
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#12 ITEMS BY COUNCIL:
Mr. Potempa: He asked how long it was going to take
health Department to get out to 5317 Plaza Drive.
reported a sewer leak over a week ago and nothing has
done.
the
He
been
Mayor Sawyer asked Mr. Simonson to see that this was taken
care of immediately.
Mrs. Marsh: Reminded everyone of the VFW Breakfast
Saturday morning, stating the proceeds will go to send a
young man to Washington, D.C.
#13 ITEMS BY MAYOR: None
#14 ADJOURNMENT: Mr. Potempa moved the meeting be
adjourned at 7:39 p.m., with Mrs. Stanhope seconding the
motion, which was approved unanimously. 1
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