ccreg 07-20-1993
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REGULAR MEETING OF THE CITY COUNCIL
JULY 20, 1993
The Schertz City Council convened in Regular Session, Tuesday,
July 20, 1993 at 8:15 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; Mary Marsh and Ken
Greenwald. Staff present were City Manager Kerry R. Sweatt
and Deputy City Secretary Norma Althouse.
#1 PUBLIC HEARING: To receive citizen input on the
request by Kerry R. Gilbert and Associates, on behalf of
Wheatstone Development Corporation, for a zoning change to 86.6
acres of land proposed to be known as Dove Meadows Subdivision.
Said land is located north of Borgfeld Road and east and south
of Dietz Road in Guadalupe County.
Mr. Sweatt advised that seventy-two notices were
property owners within 300 feet. Of the seventy-two
one was returned as undeliverable, two returns were
and three returns were in favor of the zoning change.
mailed to
notices,
opposed,
Mr. Sweatt pointed to the property on the zoning map and said
it is currently a mix of R-2, R-4, R-5 and NS. The request is
to rezone all the land to R-6.
There were no questions.
#2 Consider and take action on the above zoning change
request by Kerry R. Gilbert and Associates.
Mrs. Marsh moved to approve the request from Kerry R. Gilbert
and Associates, on behalf of Wheatstone Development
Corporation, to rezone 86.6 acres of land proposed to be known
as Dove Meadows Subdivision from a mixed zoning of R-2, R-4,
R-5 and NS to all R-6 zoning. Mr. Potempa seconded the
motion, which carried with the following vote:
AYES:
NAYS:
Councilmembers Potempa, Baldwin, Marsh and Greenwald
None
Mayor Sawyer declared the public hearing closed at 8: 18 p.m.
#3 APPROVAL OF MINUTES: A.
B.
Special Meeting 6-30-93
Regular Meeting 7-6-93
Mr. Greenwald moved to approve the minutes for the Special
Meeting 6-30-93 and the Regular Meeting 7-6-93. Mr. Baldwin
seconded the motion, which carried with the following vote:
AYES: Councilmembers Potempa, Baldwin, Marsh and Greenwald
NAYS: None
ABSTAINING: Mr. Baldwin for the minutes of June 30, 1993
210
#4 HEARING OF RESIDENTS: A. Mr. Felix Radovan wondered
if FM 3009 will look like Pat Booker Road when it's widened.
Mayor Sawyer answered they hope to preclude that with
enforcement of the overlay ordinance.
B. Ms. Sue McBride inquired if there will be additional stop
lights on FM 3009 after it's widened. Mayor Sawyer replied
they are hoping for at least two. The City expects the Highway
Department to put one in at Deer Haven and Oak Forest and one
at Greenshire and Woodland Oaks. They will try to get one at
Greenfield and Silvertree.
C. Ms. Fay Simmons asked if there's a Master Plan for zoning
along FM 3009 and was told there is a zoning map showing how
everything in the City is zoned.
Ms. Simmons then asked if the City is in a position where
developers could sue if they are blocked from building. Mayor
Sawyer admitted it has happened, but they do try to stay out of
court.
D. An unidentified gentleman asked what the construction is by
CCMA. Mr. Sweatt informed him they are rerouting the
drainage.
#5 BID AWARD: Consider and take action of awarding
bids on surplus City vehicles.
Mr. Sweatt advised that on July 15th bids were received for
used City vehicles. Staff members reviewed all bids as
follows:
(1) On a Police Department 1989 Ford Crown Victoria in poor
condition, the bids ranged from a low of $27.50 to a high of
$175.00. Staff recommends the highest bid.
(2) On a
condition,
rejection
auction.
Police Department 1989 Ford Crown Victoria in fair
a bid was received for $50.00. Staff recommends
of the bid and recommends this vehicle be sold at
(3) On a Police Department 1981 Chevrolet Malibu in fair
condition, the bids ranged from a low of $225.00 to a high of
$350.00. Staff recommends the highest bid.
(4) On an Inspection Department 1977 Toyota in good condition,
the bids ranged from a low of $225.00 to a high of $350.00.
Staff recommends the highest bid.
(5) On an Inspection Department 1981 Chrysler Wagon in poor
condition, no bids were received. Staff recommends this
vehicle be sold at auction.
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(6) On a Water Department 1984 Ford Mustang in fair condition,
the bids ranged from a low of $222.22 to a high of $1,075.
Staff recommends the highest bid.
Mr. Greenwald moved to award the bid for the Police Dept.
1989 Ford Crown Victoria in poor condition in the amount of
$175.00; award the bid for the Police Dept. 1981 Chevrolet
Malibu in fair condition in the amount of $351.50; award the
bid for the Inspection Dept. 1977 Toyota in good condition in
the amount of $350.00i award the bid for the Water Dept. 1984
Ford Mustang in fair condition in the amount of $1,075.00;
reject the $50.00 bid on the Police Dept. 1989 Crown Victoria
in fair condition and sell this vehicle at auction; and, since
no bid was received on the Inspection Dept. 1981 Chrysler
Wagon in poor condition, sell this vehicle at auction. Mrs.
Marsh seconded the motion.
Mayor Sawyer asked why the cars are not auctioned off in
conjunction with those of other cities like we used to do. Mr.
Sweatt replied the Staff feels the bid process is best.
Mayor Sawyer then called for a vote and the motion carried as
follows:
AYES: Councilmembers Potempa, Baldwin, Marsh and Greenwald
NAYS: None
#6 ORDINANCE: Mayor Sawyer introduced an ordinance and
read the caption as follows:
ORDINANCE NO. 93-F-11
AN ORDINANCE BY THE CITY COUNCIL OF
SCHERTZ, TEXAS, REVOKING A FRANCHISE
GRANTED TO EXCEL COMMUNICATIONS GROUP,
CONSTRUCT, OPERATE, AND MAINTAIN A CABLE
SYSTEM WITHIN THE CITY OF SCHERTZ, TEXAS.
THE CITY OF
PREVIOUSLY
INC. TO
TELEVISION
Mr. Baldwin moved to approve the final consideration of an
ordinance on the revocation of the Excel Cable Franchise. Mr.
Greenwald seconded the motion, which carried with the following
vote:
AYES: Councilmembers Potempa, Baldwin, Marsh and Greenwald
NAYS: None
#7 ORDINANCE: Mayor Sawyer introduced an Ordinance and
read the caption as follows:
212
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS,
AMENDING THE CODE OF ORDINANCES BY AMENDING SECTION
10-71, EXCEPTIONS, OF ARTICLE IV - GUNS, "BB" GUNS,
PELLET GUNS, OF SAID CODE; AND REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT.
Mrs. Marsh moved to approve the first reading of an ordinance
amending the Code by amending Sec. 10-71, Exception, of
Article IV Guns, "BB" Guns, Pellet Guns. Mr. Potempa seconded
the motion, which carried with the following votes:
AYES: Councilmembers Potempa, Baldwin, Marsh and Greenwald
NAYS: None
Mr. Sweatt noted there is an exception in what's being changed
and Mayor Sawyer asked that the ordinance be placed on the
workshop agenda for the next meeting.
#8 AGREEMENT: Consider and take action regarding a
membership agreement with Canyon Regional Water Authority.
Mr. Sweatt related that at this time we are proposing to only
be a partiCipant with the CWRA and share only in the general
administration and planning expenses, rather than be a water
purchaser and pay a share of the water supply contract
treatment, etc. The contracts have been drawn up and the
participant agreement provides we have the right of first
refusal to available water or treatment capacity.
Mr. Sweatt further stated the initial membership is $10,000,
but he feels it is the best way to keep the options open for
future water needs.
Mr. Potempa moved to approve authorization for the
Manager to execute a participant membership agreement
Canyon Regional Water Authority. Mr. Baldwin seconded
motion, which carried with the folloWing votes:
City
with
the
AYES:
NAYS:
Councilmembers Potempa, Baldwin, Marsh and Greenwald
None
#9 CITY MANAGER'S REPORT: Mr. Sweatt had nothing further
to report.
#10
informed
Southern
asked if
ITEMS BY COUNCIL: Mr. Potemoa reported he had been
by a citizen that trains going toward Cibolo on the
Pacific Railroad have been gOing speeds of 75 mph and
there's any way to monitor their speed.
Mayor Sawyer suggested that perhaps Mr. Sweatt should write a
letter to Southern Pacific.
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Mr. Sweatt reminded everyone of the testimony given by
Southern Pacific representatives at a workshop several years
ago guaranteeing us they would slow down when going through the
City.
Mayor Sawyer then suggested asking the representatives to come
back again for a meeting.
Mrs.
like
for
and
Marsh advised that the Schertz Business Association would
to have placed on a workshop agenda a proposed ordinance
prohibition against people bringing their own soft drinks
food to the 4th of July Jubilee.
# 11 ITEMS
ball tournament
good games.
BY MAYOR: Mayor Sawyer remarked on the soft-
held by BVYA and said there were some real
#12 ADJOURNMENT: On a motion by Mr. Potempa, seconded
by Mrs. Marsh, and approved unanimously, Mayor Sawyer
adjourned the meeting at 8:50 p.m.
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~;or,\City of SChe~ Texas
ATTEST:
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Deputy City Secretary, City of Schertz