ccreg 09-05-1989
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REGULAR MEETING OF THE CITY COUNCIL
SEPTEMBER 5, 1989
The Schertz City Council convened in Regular Session, Tuesday,
September 5, 1989, 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;
Earl Hartzog; Hal Baldwinj Barbara Stanhope; Mary Marsh; and Ken
Greenwald. Staff present were City Manager Kerry R. Sweatt and
City Secretary June G. Krause.
#1 APPROVAL OF MINUTES: Mr. Hartzog moved to approve the
minutes of the Special Meetings of July 26th, August 8th and 9th,
and the Regular Meetings of August 1st and 15th. Mr. Greenwald
seconded the motion.
Mrs. March referred to the minutes of the meeting of July 26th
and asked that # 10 C, last paragraph be corrected to read as
follows: "Mrs. . Marsh advised that she has been informed that
there are volunteers to drive the float in other city parades".
In the same minutes, Mrs. Marsh requested that #10 E be corrected
to show that the call was received from a female citizen, who
advised her about Kathy Besch and wanted to be sure the Council
knew of the good work Kathy Besch is doing.
Mr. Hartzog corrected spelling on pages 1 and 5 of the minutes of
July 26th and asked that the next to the last paragraph under #5
of these minutes be corrected to read as follows: "Mr. Hartzog
said he felt this would be an over-kill around the High School."
Mr. Hartzog requested a clarification be made to the fourth
paragraph of item #2 of the minutes of July 26th to show that Mr.
Gutierrez had said they would maintain their portion (Schaefer
Road Loop) and would make every effort to keep it all clean.
Mayor Sawyer then called for a vote on the motion and the motion
carried as follows:
AYES: Councilmembers Hartzog, Baldwin, Stanhope, Marsh and
Greenwald.
NAYS: None
#2 HEARING OF RESIDENTS: None
#3 ORDINANCE: Mayor Sawyer introduced and ordinance and
read the caption as follows:
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ORDINANCE NO. 89-M-25
AN ORDINANCE PROVIDING FUNDS FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 1989 AND ENDING
SEPTEMBER 30, 1990, BY APPROVING THE BUDGET
FOR SAID PERIOD AND APPROPRIATING THE
NECESSARY FUNDS OUT OF THE GENERAL AND OTHER
REVENUES OF THE CITY OF SCHERTZ, TEXAS, FOR
SAID YEAR FOR THE MAINTENANCE AND OPERATION
OF THE VARIOUS DEPARTMENTS AND FOR VARIOUS
ACTIVITIES AND IMPROVEMENTS OF THE CITY; AND
DECLARING AN EMERGENCY.
Mr. Baldwin ~~ved to adopt, as an emergency, a ordinance adopting
the budget for 1989-90. Mr. Greenwald seconded the motion.
Mr. Hartzog said he would like to see more restraints because we
do not have contingency set up in the budget.
Mr. Marsh said yes, but Council has taken action by deferr ing
between $125,000 and $127,000 in items and projects so that we do
have quite a considerable sum that would be available for
contingencies if they should occur.
Mayor Sawyer then called for a vote and the motion passed with
the following vote:
AYES: Councilmembers Hartzog, Baldwin, Stanhope, Marsh and
Greenwald.
NAYS: None
#4 ORDINANCE: Mayor Sawyer introduced an ordinance and
read the caption as follows:
AN ORDINANCE
RELATING TO TAXATION OF TELECOMMUNICATIONS
SERVICES THROUGH REPEAL OF THE APPLICATION OF
THE EXEMPTION PROVIDED FOR IN TAX CODE
SECTION 321.1LO(a) V.A.T.C.S. AS AUTHORIZED
BY TAX CODE SECTION 321.210(bl V.A.T.C.S.;
PROVIDING FOR NOTIFICATION TO THE COMPTROLLER
OF THE STATE OF TEXAS; PROVIDING THAT NO SUCH
TAX PROVIDED FOR HEREUNDER SHALL SERVE AS AN
OFFSET TO OR TO REDUCE ANY AMOUNT PAYABLE BY
ANY PROVIDER OF TELECOMMUNICATIONS SERVICE
PURSUANT TO ANY FRANCHISE, STREET USE
ORDINANCE, CHARTER PROVISION, STATUTE OR ANY
OTHER IMPOSITION OF THE CITY OF SCHERTZ,
TEXAS; MAKING THIS ORDINANCE CUMULATIVE;
PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
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Mr. Hartzog ~~veq to approve the first reading of an ordinance
relating to taxation of Telecommunication Services. Mr.
Greenwald seconded the motion, which carried with the following
vote:
AYES: Councilmembers Hartzog, Baldwin, Stanhope, Marsh and
Greenwald.
NAYS: None
#5 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 ZONING
ORDINANCE, NO. 87-5-1, ARTICLE XXIII,
AMENDMENTS, SECTION 2, CHANGES AND
AMENDMENTS, AND SECTION 4, PUBLIC NOTICE AND
PROCEDURES FOR AMENDMENT; ARTICLE XXV,
REGULATION OF NON-CONFORMING USES, SECTION 2,
CHANGE OF USE, AND SECTION 7, CHANGE IN
OWNERSHIP OR TENANT; ARTICLE XXVI
ADMINISTRATION, SECTION 5, SEXUALLY ORIENTED
BUSINESS, AND APPENDIX A, SCHEDULE OF USES,
GENERAL BUSINESS DISTRICT; AND PROVIDING A
REPEALING CLAUSE.
Mr. Hartzog moved to approve the first reading of an ordinance
amending the zoning ordinance Article XXIII, sections 2 & 4;
Article XXV, Sections 2 & 7; and Article XXVI, Section 5. Mrs.
Marsh seconded the motion, which carried with the following vote:
AYES: Councilmembers Hartzog, Baldwin, Stanhope, Marsh and
Greenwald.
NAYS: None
#6 CONTRACT: Consider and take action on a contract for
engineering services for 1-35 at FM 3009 Water line Relocation.
Mr. Sweatt said the need for relocation of the portion of water
line on 1-35 and service road has arisen due to the proposed
widening and improvement project by the Texas Department of
Highways and Publ ic Transportation. There is included in the
packet a list of materials, a project description and a number of
related items. This is a project, we understand, that is
eligible for 100% reimbursement. We recommend you authorize the
execution of an engineering services agreement with Ford
Engineering Inc., in the maximum amount of $3954.39.
Mrs. Marsh moved to approve the engineering services contract
agreement with Ford Engineering, Inc. for water line relocation.
Mrs. Stanhope seconded the motion, which carried with the
following vote:
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AYES: Councilmembers Hartzog, Baldwin, Stanhope, Marsh and
Greenwald.
NAYS: None
#7 RESOLUTION: Mayor Sawyer introduced a reso 1 ution and
read the caption as follows:
RESOLUTION NO. 89-R-8
A RESOLUTION APPROVING THE AGREEMENT DATED
SEPTEMBER 5. 1989 BETWEEN THE STATE OF TEXAS
AND THE CITY OF SCHERTZ, TEXAS, FOR THE
CONSTRUCTION, OPERATION AND MAINTENANCE OF A
PROPOSED HIGHWAY ILLUMINATION SYSTEM ON I.H.
35 FROM THE SOUTHWEST CITY LIMIT TO THE
NORTHEAST CITY LIMIT; ALL FUTURE SAFETY
LIGHTING SYSTEMS IN THE CITY OF SCHERTZ,
TEXAS; AND PROVIDING FOR THE EXECUTION OF
SAID AGREEMENT.
Mr. Greenwald moveg to approve the resolution on the lighting of
1-35. Mrs. Stanhope seconded the motion.
Mr. Hartzog said this will be no cost to the city - no funds out
of the General Fund. Mr. Sweatt said that is right that is one
of the provisions in the contract. The cost of construction I
operation and maintenance will be borne by the State.
Mayor Sawyer then called for a vote on the motion, which carried
as follows:
AYES: Councilmembers Hartzog, Baldwin, Stanhope, Marsh and
Greenwald.
NAYS: None
#8 GCAP BUDGET: Consider and take action on the Guadalupe
County Appraisal District budget.
Mr. Hartzog moved to take action to disapprove this Guadal upe
County Appraisal District budget.
He said the reason is that he recommended the Board adopt a merit
pay plan instead of the 3% across the board pay raise;
controversy over the retirement system be resolved by the board
and other dissension by the board, such as remarks that the
Chairman of the Board is taking action without other board member
approval.
There being no second, Mayor Sawyer declared the motion dies.
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Mr. Baldwin moveg to adopt the budget of the Guadalupe County
Appraisal district.
Mr. Baldwin said he agreed with Mr. Hartzog on some of the things
he said; but he is not sure disapproving the budget is a means of
correcting that. He said we have an election in January and need
to carefully screen people and decide who we would like to place
there and work diligently with other taxing entities in the are
to try to get as many people on there as we can.
Mrs. Stanhope seconded the motion.
Mr. Hartzog asked if we could include the remarks he made with
the approval of this. Mayor Sawyer said yes, we will send a
cover letter with our approval. He then called for a vote on the
motion before Council. The motion carried as follows:
AYES: Councilmembers Hartzog, Baldwin, Stanhope, Marsh and
Greenwald.
NAYS: None
Mrs. Marsh agreed with the comments of Mr. Hartzog, Mr. Baldwin
and the Mayor.
#9 CITY MANAGER'S REPORT: A. remind of the planned
meeting on the 13th of September setting the tax rate.
B. remind of the up coming Texas Municipal League meeting in
Castroville.
C. As of this date, Mr. Sweatt has completed one full year with
the City of Schertz, and he wanted Council to know how much he
appreciated the support and assistance he has had from members of
the Council, Mayor and members of Staff. He said it has been a
pleasurable year with very, very minor glitches from time to
time. He said he can say wholeheartedl y it has been a fun year
and a productive year and he appreciated the opportunity and he
is looking forward to many many more.
Mayor Sawyer said Council has appreciated his hard work on behalf
of the City. They realized he took over during troubled times
and really appreciate the way he has handled our city.
#- 10 ITEMS BY COUNCIL: Mrs. Stanhope: 1. Special thanks
to the staff from the Humane Society for the plug for membership
drive. The monthly Dog Dip will be this Saturday at the Shelter
on FM 1518 from 10 to l:OO p.m
2. GRASP will be sponsoring a bake sale on September 16th at
Kountry Kitchen. They are trying to raise funds so a van can
purchase with a lift for the handicapped and elderly here in our
area.
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#11 ITEMS BY MAYOR:
is glad he carne to work
fantastic job.
A. Congratulated Mr. Sweatt, saying he
for Schertz and feel he has done a
#12 ADJOURNMENT: Mr. Baldwin mOy'~d the meeting be
adjourned at 7:24 p.m. with Mr. Hartzog seconded the motion. The
motion carried unanimously.
ATTEST:
City
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