ccreg 07-15-1986
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RrouLAR SESSION OF THE CITY COUNCIL
JULY l5, 1986
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r:e Schertz City Council convened in Regular Session, Tuesday,
uly 15, 1986, at 7:00 p.m. in the Council Chambers, 1400 Live
ak Road, Schertz, Texas. The following members were present:
ayor Earl w. Sawyer, presiding; Charles B. Sharpe; Hal Baldwin;
$ay stanhope; Adolph Aguilar and Ken Greenwald. Staff present
tere Jimmy G. Gilmore, City Manager and June G. Krause, City
~ ecretary.
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! Il APPROVAL OF IIIROTIS: Special Meeting of June II and
,egular Meeting of June 17th.
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Xr. Sharpe referred to the third paragraph on page 5 of the
inutes of the Special Meeting of June 11th and asked that it be
orrected to reflect that he (Mr. Sharpe) made the statement
tather than Mr. Baldwin.
$r. Sharpe also questioned the statement of fact in the second
tentence of the second paragraph on page 5 of the minutes of the
pecial Meeting of June llth. Mayor Sawyer said that although
r. Sharpe may not agree with the statement, it was attributed to
orneone else and should stay in the minutes.
.r. Baldwin pointed out a spelling error on page 3 of these same
~inutes.
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~. Baldwin then moved to approve the minutes of the Special
eeting of June ll, and Regular Meeting of June 17, 1986 as
ended. Mr. Sharpe seconded the motion, which carried with the
ollowing vote:
AYES: Councilmen Sharpe, Baldwin, Stanhope, Aguilar and
Greenwald.
NAYS: None
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#2 HEARING OF RISIDDftS: Mr. Jaseck and Mr. Tudyk of
fiederstein Road asked to speak~
r. Tudyk said they have been working with JMr. Gilmore as they
re experiencing a small difficulty with Wiederstein Road. In
he past, Commissioner's Court did maintain the road two or three
imes a year. Some time they put a little oil on the road. Mr.
ilmore has been out to see the problems and he did have some
ravel placed on the road but now it has been blown out and the
ot holes are back. Mr. Tudyk said he read where the City is
going to have a bond election and would like to see a little of
the money put on the road and would like more police protection.
His preference would be to seal coat the road.
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~aYor Sawyer said he went to a meeting with the Mayor of Cibolo
nd County Judge and they talked about this very thing. The
i ounty is going to start moving their equipment out in tnat area
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and Mayor Sawyer said he. would lik~ to work out something with
them where roads are in 2 or 3 jurisdictions. The City is ,"-'
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talking about getting a maintainer to work roads, like Ul
Wiederstein. Mayor Sawyer told the gentlemen the City is aware
of .the problem ~nd thanked ,tqem fe>r com~ng in to ,discuss it..
When Mr. Tudyk;said he would like to extend any'help he could,
Mayor Sawyer a~ked him to be a member of the Bond Committee.
Mr. Aguilar asked Mr. Tudyk to expand on his comment about better
police protection. Mr. Tudyk, cited an instance where a neighbor
was burglarized and after making a report, the Schertz police
never did get out there.
13 ORDIRARCE: Mayor S~wyer intr04~ced an ordinance a~d
read the' capt~iolias follows:
AN ORDINANCE
PROVIDING FOR NOTICE TO THE CITY COUNCIL. OF
PROP ERTY DAMAG E,' Pm8 ONAL INJURY, - DEATH;
PROVI;QING THE TIME AND LOCATION WU.E S'UCH
NOTIC'EISTO B'E GIVDi;' PROVIDING THAT StiCH
NOTICE MAYNOTBEWAIVm; AND PROVIDING 'THAT'
THE TIMELY FILING OF NOTICE OF ANY CLAI~ .AND
RFFUSAL OF' SAME BY THE CITY COUNCIL IS A
CONDITIONPRECmmT TO THE IR;TITUTION OF ANY
SUIT; PROVIDING ,FOR VmIFI~ATION, OF,THE
NOTICE OF CLAIM,. AND PROVIDING.A S EVmABILtTY
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CLAUS E.
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Mr. Stanhope moved to approve the first reading of an ordinance
providing notice to City Council of property ,damage. Mr.
Greenwald seconded the motion, which carried with the following
vote:
AYES: CouncilmenSha~pe, Baldwin, Stanhope, Aguilar and
Greenwald.
NAYS: None
14 ORDIRARCE: Mayor Sawyer introduced and ordinance and
read the caption as fpllows:
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AN ORDINANC E
PROVIDING FOR THE EXT ENHON OF TH EBOUNDARY
LINES OF THE CITY OF SCHERTZ, TEXAS ,BY THE
ANNEXATION OF A TRACT OF LAND CONTAINING
29~l76' ACRES OF LAND, ,OOT OF C~~" COU~.
Mr. Greenwald moved to approve the ,first reading Qf a~ ordinance
on the proposed annexation of 29.176 acres of land out. of .comal 0(,;
County. Mr. Baldwin seconded the moti,on, which carried with the
following vote:
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, AYES: Councilmen Sharpe, Baldwin, Stanhope, Aguilar and
Greenwald.
i NAYS: None
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I 15 ORDIRARCE: The Mayor introduced an ordinance and read
Ithe caption as follows:
AN ORDINANC E
GRANTING ENTEX, INC. ITS SUCCESSORS AND
ASSIGNS, THE RIGHT, PRIVILEX.;EANDFRANCHIS E
FOR A PERIOD OF THIRTY '(30) YFARS TO
CONSTRUCT, LAY, MAINTAIN, OPERATE, EXTmD,
REMOVE REPLACE AND REPAIR A SYSTEM OF PIPE
LINES, GAS MAINS, LATERALS AND ATTACHMENTS
AND ALL DESIRABLE INSTRUMENTALITIES IN,
UNDER, OVER, ACROSS AND ALONG ANY AND ALL
S TR EETS , A VENUES, PARKWAYS, S QU AR ES ,ALL EYS
AND ALL OTHER PUBLIC PLACES IN THE CITY OF
SCHERTZ, GUADALUPE COUNTY, FOR THE PURPOSE OF
TRA.R;PORTING, DISTRIBUTING, SUPPLYING AND
S ELLING GAS (NATURAL AND/OR ARTIFICIAL AND/OR
MIXED) FOR HEATING, LIGHTING, POWER, AND FOR
ALL OTHER PURPOS ES FOR WHICH GAS MAY BE USED,
TO THE MUNICIPALITY OF SAID CITY OF SCHERTZ,
TEXAS, AND ITS INHABITANTS AND OTHERS 1
PROVIDING CONDITIONS CONTROLLING THE USE OF
PUBLIC THOROUGHFARES AND EXTENS IONS THEREIN;
ESTABLISHING STANDARDS OF S ERVICE1 PROVIDING
FOR PAYMENT OF TWO PERCENT (2%) OF THE GROSS
RECEIPTS FROM THE SALE OF GAS WITHIN THE
CITY1 PROVIDING FOR ACCEPTANCE1PROVIDING A
S EV'ERABILITY CLAUS E; MAKING MISCELLANEOUS
PROVISIONS; AND REPFALING ALL ORDINANCBS .IN
CONFLICT HEREWITH.
~r. Aguilar moved to consider favorably the first reading of an
lordinance approving a franchise agreement with Entex, Inc.. Mr.
,Greenwald seconded the motion.
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Mr. Aguilar said he read in the ordinance where they say they
repair but it does not say that they leave the area the same way
it' was before the repairs were made. Mr. Gilmore said our
linspectors will assure that that is done.
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!Mr. Sharpe asked where they arrive at 2%. Mr. Gilmore said he
knew that it was standard and believes it is the maximum set by
Ilaw.
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Mr. Baldwin was concerned with Section 3 where it says they will
not be required to run or extend any pi~e a distance exceeding
one hundrea feet. Mr. Baldwin said ~OO feet seems like a short
Idistance.
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Mr. Gilmore said there will be a representative of Entex at the
next meeting to answer these questions.
Mayor Sawyer then called for a vote on the motion, which carried
as follows:
AYES: Councilmen Sharpe, Baldwin, Stanhope, Aguilar and
Greenwald.
NAYS: None
.6 P61 BOLlS OF PROCIDJRIS: Mayor Sawyer explained that
these are changes recommended -by Planning and zoning members.
Mr. Greenwald moved to favorably approve the recommended changes
to the P&Z Rules of Procedures. Mr. Aguilar seconded the motion,
which carried as follows:
AYES: -Councilmen Sharpe, Baldwin, stanhope, Aguilar and
Greenwald.
NAYS: None
Mr. Sharpe said he notice they set up procedure for a time limit
but he did not see a,. limit mentioned. There should be one even
though' you - don't' have -'to invoke it unless a lot of people are
present.
.7 DAllAGB SBrfL_Jlft: Mayor Sawyer said that Mr. Harris is
negotiating with their attorney and have not completed terms as
yet.
Mr. stanhope moved to table this item until we have some word
from our lawyer. Mr. Greenwald seconded the motion, which
carried with the following vote:
AYES: Councilmen Sharpe, Baldwin, Stanhope, Aguilar and
Greenwald.
NAYS: None
.8 CIU IlARAGIIl'S RIlPOR'.r: A. There is a possibility of
receiving 36 -Elderly-housing units under Section 202 program. It
would not-be under the Housing Authority. They need to determine
whether or not there is a need for such housing assistance in our
a"rea1 and they need to know tomorrow.
Mr. Greenwald said there is a need but_ why did they wait until
the day before to contact us. .
Mr. Baldwin asked if they would be the type that would not be on
the tax rolls after being built and was told they would be.
Mayor Sawyer said we will have a meeting on the 30th of July and
they can come in then or the first meeting in July.
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I .9 ITltIS BY COORCIL: Mr. Sha-rpe said he never did get a
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~opy of the letter sent to Monarch Homes.
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~r. Sharpe announced that on Wednesday of next week the Chamber
of Commerce will be having their Western Shindig at Randolph at
7:30 p.m.
~r. Baldwin said he had received a call from some people that
Ilive off Trainer Hale Road. The people out there are getting
i.~riled up because the road is not blocked off and the traffic
count is getting larger every day. The lady said that in the
ilast few weeks fences have been torn down. Mr. Baldwin said he
~eels they will be at the next workshop.
~r. Gilmore said they have called him several times also. There
lis nothing we can do to make them close the road as it is an
iingress/egress. The developer did say that he would put a chain
~cross the road but he has not done so. Mr. Parker says he has
~s much right to use it as anyone else.
~r. Baldwin said it was very plain to him that the road would be
~locked off. Mr. Sharpe suggested that when these things come up
lin the future, we should get it in writing in contract form.
~r. Gilmore said the whole subdivision plat 'is at Mr. Harris'
ioffice now. There are other problems that we are having with
ithis gentleman. Mr. Gilmore said we have stopped issuing all
~ermits and will most likely be in district court.
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~r. Stanhope asked how Mr. Gonzales is doing - the one who's home
~urned. Mr. Gilmore said the Red Cross has helped him, the City
as helped and his neighbors not only helped clear the property
ut are organizing a benefit dance. Henry Gutierrez also
~rovided a dumpster for the cleanup.
~r. Aguilar mentioned the comments made by Mr. Baldwin at a
~revious meeting about erosion on East Live Oak Road. We need to
~o something to keep the water from seeping under the pavement.
i #10 ITltIS BY MAYOR: Mayor Sawyer reported on a Guadalupe
~ounty/Chamberof Commerce meeting he attended. They would like
~o have a little more cooperation in Guadalupe County. They want
~o publish a pamphlet of the county industrial areas.
~' Iso at the Council of Mayors meeting, Mayor Sawyer said he
alked with Commission Brannan and Mayor Little of Cibolo about
roads in the County, especially those in the three jurisdictions.
ommissioner Lee of Bexar County was there and talked about
srants, particularly in Rittiman Addition.
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~' e Mayor announced that Mrs. Krause has been selected to be on
~ he committee to decide which issues TML will back this next
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ear.
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The Seguin Enterprise interviewed the Mayor about his views on
being in th e county.
Maypr Sawyer said he had a few words with Mr. Davis of the Herald
and they did an article in the paper and they were very kind to
us.
Attended the library meeting and Mr. Gene Riley was give a t~ken
of appreciation for giving over 2000 books to the library. These
represented his life collection of books and was . very
appreciated.
'II ADJOU_Illirr: Mr. Greenwald moved the meeting be
adjourned at 7:52 p.m. The motion was seconded by Mr. Sharpe and
unanimously carried.
ATTEST:
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