ccreg 08-05-1986
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REGJLAR MEgfING OF THE CITY COUNC'IL
AUGUST 5, 1986'
The Schertz City-Council convened in Regular Session, '1\iesday,
August 5, 1986, at 7:00 p.m. in the Council Chambers -of' the
Municipal Complex, 1400 Live Oak Road, Schertz, Texas.. The
fol'lowing members were present.:- Mayo'r 'EarlW. S'awyer'~ presiding;
Charles B~ Sharpe;' Hal Baldwin; 'Ray stanhope; Adolph Aguilar and
Ken Greenwald. Staff present were Jimmy G. Gilmore, City Manager
and City Secretary June G. Krause.
After welcoming everyone to the meeting, Mayor Sawyer introduced
Mrs. Sharon Fruge, President of the Schertz Business Club.
Mrs. Fruge said it was her honor on behalf of the Business Club
to present a plaque to City Manager Jimmy G. Gilmore as the
employee of the quarter for the months of April through June
1986.
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PUBLIC BEARIRG: Mayor Sawyer said the purpose of - the' public
zoning hearing, held jointly with the Planning & Zoning
Commission members, was to receive input from the public on the
request by Forbes Management for a rezoning of 46.613 acres tract
out of Comal County from General Business and Pre Development to
Light Industrial. The land is located between IH 35 on the
south, FM 482 on the north and East of FM 1103. He then turned
the hearing over to Mr. Yarling, P&Z Chairman.
Mr. Yarling pointed out procedures for the hearing, saying that
first comments will be heard from citizens after a briefing by
staff, then Council and P&Z members will comment and the owners
may also make whatever comments they desire. After the close of
the hearing, no further citizen input will be received either by
Planning and Zoning or the City Council. The P&Z has 10 days in
which to make a recommendation to Council, who will act on the
request at their next regular meeting.
Mr. Simonson, Planning Coordinator, located the property under
discussion on the area map. He said that five letters were sent
out to adjoining property owners. Two were answered, one for the
rezoning and one against. Staff considers this a proper zoning
change.
There was no one from the Forbes Management to speak.
There were no citizens wishing to speak for or against the
request.
Mr. Aguilar asked that if Exhibit A contained metes and bounds
for the portion already in the city limits and exhibit B
contained the metes and bounds for the portion just being
annexed, why did we need Exhibit C, which reflected the entire 01.
piece of property. There was no particular reason except Mrs. ;
Krause did state that she needed the metes and bounds for the
entire area for rezoning.
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Planning and Zoning members had no comments to make.
Mayor Sawyer declared the public hearing closed at 7:07 p.m.
IThe regular meeting was reconvened at 7: 08 p.m.
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#1 APPROVAL OF IIIlm'l'!S: Mr. Stanhope moved the minutes of
the Special Meeting' of JU'ne 25, Regular Meeting of July 1, the
Special Meeting of July 9 and the Regular Meeting of July 15,
1986 be approved. Mr. Baldwin seconded the motion, which carried
Iwith the following votes:
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I AYES: Councilmen Sharpe, Baldwin, Stanhope, Aguilar and
IGreenWald (with the following abstentions)
NAYS: None
I ABSTAINING: Mr. Sharpe on the minutes of July 1 & 9
. Mr. Aguilar on the minutes of June 25 & July 1
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#2 BEARIRG OF RIBIDBftS: none
13 ORDIRARCE: The Mayor introduced an ordinance and read
caption as follows:
ORDINANCE NO. 86-M-18
AN ORDINANCE PROVIDING FOR NOTICE TO THE CITY
COUNCIL' OF PROPERTY -DAMAGE, PERSONAL INJURY,
DEATH, PROVIDING THE TIME AND LOCATION WHERE
SUCH NOTICE IS 'TO BE GIVm; PROVIDING THAT
SUCH NOTICE MAY NOT BE WAIVED; AND PROVIDING
THAT THE TIMELY FILING OF NOTICE OF ANY CLAIM
AND REFUSAL OF SAME BY THE CITY COUNCIL IS A
CONDITION PR!X:EDENT TO THE INSTITUTION OF ANY
SUIT; PROVIDING FOR VERIFICATION OF THE
NOTICE OF CLAIM; AND PROVIDING A SEVERABILITY
CLAUS E.
r. Aguilar moved to consider favorably on final consideration an
ordinance providing notice to City Council of property damage.
r. Greenwald seconded the motion, which carried with the
ollowing vote:
I AY ES :
~reenwald.
I NAYS:
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Councilmen Sharpe, Baldwin, stanhope, Aguilar and
None
'4 ORDIRARCE: Mayor Sawyer introduced an ordinance and
read the caption as follows:
202
ORDINANCE NO. 86-A-19
AN ORDINANCE PROVIDING FOR THE EXTENSION OF
THE BOUNDARY LINES OF THE CITY OF SCHERTZ,
TEXAS, BY THE ANNEXATION OF A TRACT OF 'LAND
CONTAINING 29.176 ACRiS OF LAND, OUT OF CONAL
COUNTY .
Mr. Baldwin moved to approve on final consideration an ordinance
annexing 29.176 acres of land out of Comal County. Mr. Stanhope
seconded the .motion, which carried with the following vote:
AYiS: Councilmen Sharpe, Baldwin, Stanhope, Aguilar and
Greenwald.
NAYS: None
.5 ORDlIlARCB: Mayor Sawyer introduced an ordinance and
read the caption as follows:
ORDINANCE NO. 86-F-20
AN ORDINANCE GRANTING ENTEX, INC. ITS
SUCCESSORS AND ASSIGR;, , THE RIGHT, PRIVILEX;E
AND FRANCHISE FOR A PERIOD OF THIRTY (30)
YEARS TO COR;TRUCT, RBlOVE, REPLACE AND
REPAIR A SYSTBI OF PIPE LINiS, GAS MAINS,
LATERIALS AND ATTACHMENTS AND ALL DESIRABLE
IR;TRUMENTALITIES IN, UNDER, OVER, ACRa3S AND
ALONG ANY AND ALL STREE'l'S, AVENU ES, PARKWAYS,
SQOARiS, ALLE!S AND ALL OTHER PUBLIC PLACiS
III 'i'HECITY OF SCBERTZ, GUADALUPE 'COUNTY, FOR
THE PORPa3E OF TRAR;PORTING, , DISTRIBUTING,
SUPPL'YING AND S El.LING GAS' (NATURAL AND/OR
ARTIFICIAL AND/OR MIXED) FOR HFATING,
LIGHTING, POWER, AND FOR ALL 'OTHER PORPQ; liS
FOR WHICH GAS MAY BE US ED', TO THE
MUNICIPALITY OF SAID CITY OFSCBERTZ, TEXAS
AND ITS INHABITANTS AND OTHERS , PROVIDNG
CONDITIOR; 'CONTROLLING THE US E OF POBLIC
THOROUGHFARiS AND EXTENS IONS THEREIN,
ESTABLISHING STANDARDS OF SERVICE, PROVIDING
FOR PAYMDr!' OF TWO PfRCmT (2%) OF THE GResS
ROC EIPTSFROM THE SALE OF GAS WITHIN' TB E
CITY, PROVIDING FOR ACCEPTANCE, PROVIDING A
S EVmABILITY CLAUS E, MAKING MISCELLANEXXJS
PROVIS IONS, AND REP FALING ALL ORD I NANC I!S IN
CONFLICT' BERE.WITH.
Mr. Sharpe moved to approve the franchise agreement with Entex.
Mr. Aguilar seconded the motion, which carried with the following
vote:
AYES: Councilmen Sharpe, Baldwin, Stanhope, Aguilar and
Greenwald.
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NAYS: Non e
16 TRARSFER OF APPROPRIATIOlE: Mr. Greenwald moved to
approve the Transfer of Appropriations for the FY budget 1985-86
as set out in Hr. Gilmore's memo of July 25, 1986. Mr. Baldwin
seconded the motion.
Mr. Sharpe questioned Mr. Gilmore about the Bank Franchise and
election costs and Mr. Gilmore explained that these figures
covered the present budget and were sufficient.
ayor Sawyer then called for a vote on the motion, which carried
as follows:
AYES": Councilmen Sharpe, Baldwin, stanhope, Aguilar and
Greenwald.
NAYS: None
17 ORDlRAlICB: Mayor Sawyer introduced an ordinance and
read the caption as follows:
AN ORDINANC E
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BY THE CITY COUNCIL OF TH~ CITY OF SCHERTZ,
TEXAS, AMmDINGTHE ZONING' ORDINANCE NO. 79-
S-15, BY REZONING 43.613 ACRES OF LAND OUT OF
COMAL COUNTY AND REFL OCTING SUCH CHANGE ON
CERTAIN ZONING MAPS IN ACCORDANC E WITH THE
SCHERTZ ZONING ORDINANCE.
Mr~ Stanhope moved to approve the first reading of an ordinance
amending the zoning ordinance by rezoning 43. 613 acre~ of land
,out of Comal County. Mr. Greenwald seconded the motion, which
Icarried with the following vote:
I AYES: Councilmen Sharpe, Baldwin, Stanhope, Aguilar and
rreenwald.
, NAYS: None
, 17-A BlJDJTIVB SISSIOII: Mayor Sawyer called an executive
~ession at 7:22 p.m. for a discussion between the City Attorney
and the City Council and P&Z Members on a case pending in Federal
ourt with Mr. Parker.
e Regular Session was reconvened at 8:22 p.m., with Mayor
awyer Saying thEf executive 'session was held with the City
ttorney to discuss the discovery stage of the suit. No action
as taken in the executive session.
#8 BUDGET IIORKSBOP: Mayor Sawyer asked that we pass this
item for the .present time.
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#9 CITY MAllAGBR'S REPORT: A. As mentioned earlier, there
ill be a hearing in 'Austin 'on August 12 at 2:00 p.m. on the
preen Valley hearing.
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B. The ordinance naming our city attorney as representative on
the lawsuit will be on the next agenda.
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C. On themOntnly reports'on Health, you will notice" that the
Jaycees were shut'down for' a certain length of time and they were
allowed to reopen after corrections but are restricted as'tb what
they can serve.
110 I~IIS BY COORCIL:Mr. Sharpe mentioned that the County
is revamping their budget and both 'the, libraty 'in' Schertz and
Seguin have been cut. One quarter of this year's budget has been
cut.
Mr. Baldwin mentioned a couple that work for the school district
that live in the Shirmerville area that are thrilled with the new
water rates, etc.
Mr. Baldwin asked the status of the weight limit ordinance.
Gilmore said the S-tate has not gotten. back with us a$ yet.
Mr.
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Mr. Baldwin asked if Schertz could get some of the Park &
Wildlif e matching grant money' for our park improvements. Mr.
Gilmore said he is getting the forms to apply. Mr. Gilmore said
that unoff'icially, they do not think U .C. ,will get their grant
but of course we do need to submit.
Mr. stanhope asked about the letter in th'e packet from BUD 0
regarding an application for housing for the elderly and .
handicapped. Mr. Gilmore said they just want a letter of support
or any comments good or bad. Mr. Stanhope also asked if Schertz
picked up the senior homes in Cibolo under the Housing' Authority.
Mt. Gilmore rep~ied' not to his ~nowledge~
Mr. Aguilar said he had discussed this with Mr. Gilmore and we
should keep pushing th~ railroad company beca~se some of the
signs do not look very good.
Mr. Aguilar announced that the next Friday there would be a
Corridor meeting in Austin and he pla~n~ to attend.
Mr. Baldwin asked if anyone was going to the two-day meeting in
Austin in September. Mr. Aguilar felt it was too expensive for
what they offer.
Mr. Greenwald mentioned that the tape recorder in the conference
room was a piece'of junk and needed to be replaced immediately.
Mr. Gilmore announced that he has set up a Schirmerville citizen
meeting for the 27th of August - there will also be a Bond
Committee meeting the same night.
Mr. Baldwin asked the status of the Pecan Grove sigp on railroad
property. Mr. Gilmore said we are trying to find out from the
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railroad company all the signs that did not have permits when
r- erected and go from there.
Mayor. Sawyer asked about the lady that wanted to put poles in her
yard to keep cars from running into her house. Mr. Gilmore said
he talked with the attorney, who said the liability would be hers
but the poles must be entirely on her property.
Mr. Baldwi~ mentioned that the school had received a tax roll
from the county but it did not have some accounts listed, such as
an Antonio Shoe and Keebler.
'11 ITBIS BY MAYOR: Mayor Sawyer said he had noth ing
further, he th'encalled for a recess at 8:47 p.m.
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