ccreg 01-19-1993
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REGULAR MEETING OF THE CITY COUNCIL
JANUARY 19. 1993
The Schertz City Council convened in Regular Session Tuesday
January 19, 1993 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; Hal Baldwin; Barbara Stanhope;
Mary Marsh and Ken Greenwald. Staff present were City
Manager Kerry Sweatt and City Secretary June Krause.
Mayor Sawyer welcomed everyone to the meeting and asked them
to join him in the Pledge of Allegiance.
#1 PUBLIC HEARING: Mayor Sawyer explained that the
purpose of the public hearing was for the Council to receive
citizen comments on the request by C.P. Vaughan for a
Special Exception to the Zoning Ordinance for a building
setback of 1.7 L.F. and .07 L.F. for Lot 10, Block 1,
Gardens Subdivision.
Mr. Sweatt said the slab extends 1.7 feet at one corner and
17 feet at another point; however it would still be some 20
feet back of the curb. There were 62 letters sent to
property owners, with only 10 replies being received 8
said they were for the request, 1 said he was not a property
owner and 1 was against the request. The Planning & Zoning
Commission reviewed the information they received after
holding their public hearing and are now recommending
granting the request.
Mayor Sawyer asked if there were any residents wishing to be
heard and there were none. He then asked if anyone on the
Council wished to speak with the same response. There being
no comments, Mayor Sawyer declared the public hearing closed
at 7:04 p.m.
#2 SPECIAL EXCEPTION: Consider and take action on the
above request by C.P. Vaughan for a Special Exception.
Mr. Greenwald ~~v~g to approve the request by C.P. Vaughan
for a Special Exception. Mr. Baldwin seconded the motion,
which carried with the following vote:
AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and
Greenwald.
NAYS: None
#3 APPROVAL OF MINUTES: Special Meeting 12-30-92.
Mrs. Stanhope ~oy~g to approve the minutes of the Special
Meeting of December 30, 1992. Mr. Greenwald seconded the
motion, which carried as follows:
78
AYES: Councilmembers Potempa,
Greenwald.
NAYS: None
ABSTAINING: Mr. Baldwin
Stanhope, Marsh and
#4 HEARING OF RESIDENTS: There were none.
#5 RESOLUTION: Mayor Sawyer introduced a resolution
and read the caption as follows:
RESOLUTION NO. 93-R-l
A RESOLUTION BY THE CITY COUNCIL
CITY OF SCHERTZ, TEXAS CHANGING
OF JACK HAYS BOULEVARD TO ROY
DRIVE.
OF THE
THE NAME
RICHARD
Mr. Baldwin read portions of an article that appeared in
the Seguin Gazette in the past. The article referred to
Captain Jack Hays of the Texas Rangers. Mr. Baldwin
recalled that Council named FM 3009 Jack Hays Boulevard
several years ago and they all thought it a good name,
recognizing a Texas Ranger - even though his reputation
maybe should have been covered up a little. He said that
now we have an opportunity to recognize a man of this
community that is well known, probably the best known
community leader this city has had. "Doc", as everyone
called him, has been a benevolent person - there is not an
organization in this city that has not benefited from Dr.
Richard. This is an opportunity to recognize not only the
man but a family that has lived in this community for almost
fifty years, who have been very supportive of everything the
Councils have done.
Mr. Baldwin said it is a real honor for him to make the
motion to rename "Jack Hays Boulevard" to "Roy Richard
Drive". Mr. Potempa seconded the motion, which carried
with the following vote:
AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and
Greenwald.
NAYS: None
Mayor Sawyer then presented the first street sign that says
"Roy Richard Drive" to Mrs. Richard. Mayor Sawyer added
that the City really appreciates all the things that "Doc"
Richard has done for this city. He added that one of his
first encounters with Dr. Richard was in his capacity of
Boy Scout Chairman who was soliciting funds and Dr. Richard
gave $1,000 toward the scout hut to start that fund.
#6 RESOLUTION: Mayor Sawyer introduced a resolution
and read the caption as follows:
r-"' "
I .~ I
eJ
RESOLUTION NO. 93-R-2
A RESOLUTION BY THE CITY COUNCIL OF THE
CITY OF SCHERTZ, TEXAS ADOPTING THE
AMENDMENT AND TERMINATION AGREEMENT TO
THE CITY OF SCHERTZ DEFINED CONTRIBUTION
PENSION PLAN AND ESTABLISHING AN
EFFECTIVE DATE.
Mr. Potempa moved to approve the resolution terminating the
City's retirement system with the Principal Financial Group.
Mrs. Stanhope seconded the motion. which carried as
follows:
AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and
Greenwald.
NAYS: None
#7 ORDINANCE: Mayor Sawyer introduced an ordinance
and read the caption as follows:
ORDINANCE NO. 93-M-4
AN ORDINANCE PROVIDING FOR THE
PARTICIPATION IN THE TEXAS MUNICIPAL
RETIREMENT SYSTEM AND THE SUPPLEMENTAL
DEATH BENEFITS FUND BY THE CITY OF
SCHERTZ, TEXAS.
Mrs. Marsh moved to approve an ordinance providing for
participation in the Texas Municipal Retirement System as an
emergency measure. Mr. Greenwald seconded the motion,
which carried with the following vote:
AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and
Greenwald.
NAYS: None
Mayor Sawyer stated that all this ordinance does is take our
employees from one plan into a better plan.
#8 ORDINANCE: Mayor Sawyer introduced an ordinance
and read the caption as follows:
ORDINANCE NO. 93-M-5
AN ORDINANCE AUTHORIZING AND ALLOWING,
UNDER THE ACT GOVERNING THE TEXAS
MUNICIPAL RETIREMENT SYSTEMS, RESTRICTED
PRIOR SERVICE CREDIT TO EMPLOYEES WHO ARE
MEMBERS OF THE SYSTEM FOR SERVICE
PREVIOUSLY PERFORMED FOR THE TEXAS CITIES
FOR WHICH SUCH EMPLOYEES HAVE NOT
RECEIVED CREDITED SERVICE; ESTABLISHING
AN EFFECTIVE DATE AND DECLARING AN
EMERGENCY.
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Mrs. Stanhope moved to approve an ordinance authorizing
restricted prior service credit to employees who are members
of TMRS as an emergency measure. Mr. Greenwald seconded
the motion, which carried with the following vote:
AYES: Councilmernbers Potempa, Baldwin, Stanhope, Marsh and
Greenwald.
NAYS: None
Mr. Sweatt thanked the Council and, on behalf of all
employees, expressed their thanks. He added that, to a
person, our employees have endorsed this plan.
#9 APPOINTMENTS: Consider and take action regarding
appointments to the Schertz Library Board.
Mayor Sawyer advised that the Library Board has requested
the appointment of Dan Schofield of Cibolo to the Board.
They have also requested the appointment of their officers
as follows:
Chairman - Richard Cervantes
Vice Chairman - Margaret Riley
Secretary - Sylvia Marbach
Treasurer - Julie Parr
Members: Connie Brison, Mary McAllister, Gerald Thurman,
Ruth Tienor and Dan Schofield.
Librarian - Gail Douglas
Mayor Sawyer expressed appreciation for all but one of the
members being present and said that he had appointed Mr.
Joe Potempa as the City Council Representative to the
Library Board.
Mr. Stanhope moved to approve the above listed appointments
to the Library Board. Mrs. Marsh seconded the motion,
which carried with the following vote:
AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and
Greenwald.
NAYS: None
#10 EXECUTIVE SESSION: Mayor Sawyer called an
executive session under Article 6252-17 Vernon's Texas Civil
Statutes, Section 2 (e) to discuss with the City Attorney
pending or contemplated litigation at 7:15 p.m.
The Regular Session was reconvened at 7:45 p.m. by Mayor
Sawyer.
#11 Consider and take action, if any, on the above
executive session.
Mayor Sawyer advised that no action will be taken on the
discussion with the City Attorney.
"J
Q.
#12 CITY MANAGER'S REPORT: A. Advised that we are
not anticipating having a workshop on January 27th; however
would like to place the BVYA contract on the February 2nd
agenda.
Mayor Sawyer requested that a paragraph be added to the
effect that the Council Representative must be notified of
all meetings at least 72 hours in advance or the contract is
subject to being canceled. He added, that if they cannot
get in touch with Mr. Greenwald, then they should get in
touch with another Council member.
#13 ITEMS BY COUNCIL:
~_L~__ Potem'Qa mentioned that coming from Randolph into our
city, he noticed there is a detour sign in the middle of the
cibolo Creek. Mr. Sweatt said it was vandalism.
Mr-,-__J2gldwin said he was very glad to be back.
Mrs. Marsh: A. Referred to a meeting of the Schertz
Business Association and reminded everyone of the Trail
Riders coming in. First, get together at Ann Richard's on
Friday night, February 5th, to make the stew, then on
Saturday meet at the Rest Stop on I-35 to serve - with the
dinner dance that night at the Randolph Country Roundup.
B. There will be a fund raising Jamboree in May for the
Jubilee fireworks. They will also have the silent auction
again this year. She solicited items for the auction.
C. She reminded everyone that again we will be raising
money for the 4th of July fireworks; but only have to raise
half this year thanks to the Council, who put some money in
the budget for this. She advised that cans will be out
again this year for donations and this year the people know
more about what it will be used for after viewing the
spectacular display last year.
Mr. _Greenwald said the tentative opening day for BVYA will
be April 3rd.
# 14 ADJOURNMENT: On a moJ:iQn by Mr. Potempa, that
was duly seconded and unanimously carried, the meeting was
adjourned at 7:55 p.m. by Mayor Sawyer.
~~</;-?t___ .
~;.ior, City of sch~Z, Texas
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