ccreg 12-30-1983
161
r
~.
REGULAR MEETING OF THE CITY COUNCIL
DECEMBER 20, 1983
The Schertz City Council convened in Regular Session, Tuesday, December 20,
1983 at 7:00 P.M. in the Council Chambers, 1400 Live Oak Road with the follow-
ing members present: Mayor Earl W. Sawyer, presiding; Charles B. Sharpe;
Hal Baldwin; Ross Hoover; Adolph Aguilar and Ken Greenwald. Staff were City
Manager Jimmy G. Gilmore and City Secretary June G. Krause.
PUBLIC HEARING: After welcoming the visitors to the meeting, Mayor
Sawyer opened the public hearing. He explained the
purpose of the hearing was to obtain the views of the public concerning the
proposed annexation of 10.5 acres of land out of Guadalupe County. This
land is in the Industrial Park along FM 3009 and was disannexed about four
years ago at the request of the developer. The agreement was that if con-
struction had not started within four years, the property would be reannexed.
There were no citizens wishing to speak either for or against the annexation.
Mayor Sawyer declared the public hearing closed at 7:01 P.M.
#1 APPROVAL OF MINUTES: Mr. Aguilar moved to accept the minutes of
the Special workshop of November 30, 1983
and the Regular Session of December 6, 1983. Mr. Sharpe seconded the motion,
which carried with the following vote:
l
AYES: . Councilmen Sharpe, Baldwin, Hoover, Aguilar and Greenwald
NAYS: None
#2 HEARING OF RESIDENTS: There were none wishing to speak.
#3 ORDINANCE: The Mayor introduced ani :ordinance and read the caption
as follows:
ORDINANCE NU. 83-0-18
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS,
PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS,
BE AMENDED BY REVISING SECTIONS l2-6(b) AND l2-6(d); PROVIDING
THAT NOTIFICATION BE MAILED TO PARTIES WHO FAIL TO APPEAR IN
MUNICIPAL COURT AND PROVISIONS FOR ARREST, CONFINEMENT, FINE AND
POSTING OF BONDS.
Mr. Sharpe moved to approve the final reading of the ordinance as read
poncernnng warrant fees. Mr. Aguilar seconded the motion, which carried with
the following vote:
AYES: Councilmen Sharpe, Baldwin, Hoover, Aguilar and Greenwald
NAYS: None
r-
I '
#4 ORDINANCE: Mayor Sawyer introduced an ordinance and read the caption
as follows:
162
AN ORDINANCE
PROVIDING FOR THE ASSESSMENT AND COLLECTION OF A ROOM ACCUPANCY
TAX; PROVIDING FOR THE USE OF THESE TAXES RECEIVED; PROVIDING
A SAVING CLAUSE; PROVIDING A PENALTY; AND PROVIDING A REPEALING
CLAUSE.
o
Mr. Gilmore advised that a new state law had passed that increases the
amount of tax to 7% - 4% can be used for the general fund and 3% will be
used toward tourism. The first law passed said that all the monies
collected would go toward tourism.
Mr. Sharpe moved to approve the first reading of an ordinance providing
for the assessment and collection of a room occupancy tax. Mr. Greenwald
seconded the motion, which carried as follows:
AYES: Councilmen Sharpe, Baldwin, Hoover, Aguilar and Greenwald
NAYS: None
#5 ORDINANCE: Mayor Sawyer introduced an ordinance adopting an
Emergency Operations Plan. He explained that originally
the plan was adopted by resolution and now we want to add a penalty clause
and that can only be done by ordinance. He then read the caption as follows:
AN ORDINANCE
ADOPTING AN EMERGENCY OPERATIONS PLAN TO BE IMPLEMENTED IN THE
CASE OF AN IMPENDING OR RECENT DISASTER OCCURING IN THE CITY OF
SCHERTZ; SAID PLAN SETTING FORTH AUTHORITY, PUPOSE, OBJECTIVES,
SITUATIONS AND ASSUMPTIONS, ASSIGNMENT OF RESPONSIBILITIES, SUPPORT,
RESOURCE MANAGEMENT, IMPLEMENTATION AND OTHER RELATED FUNCTIONS TO
BE PERFORMED IN THE EVENT OF A DISASTER; REPEALING ANY ORDINANCE
IN'CONFLICT AND ESTABLISHING A PENALTY.
r-l
r '
-_J
Mr. Baldwin moved to approve on first reading an ordinance providing for
an emergency operations plan as presented. Mr. Greenwald seconded the
motion, which carried with the following vote:
AYES: Councilmen Sharpe, Baldwin, Hoover, Aguilar and Greenwald
NAYS: None
caption as follows:
#6 RESOLUTION: The Mayor introduced a resolution setting a public
hearing on proposed annexation. He then read the
RESOLUTION NO. 83-R-23
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS,
SETTING THE TIME, DATES AND PLACES FOR PUBLIC HEARINGS PURSUANT
TO THE PROPOSED ANNEXATION OF 305.52 ACRES OF LAND, MORE OR LESS,
OUT OF COMAL COUNTY.
r:.
tJ
..~., -....
,.
",;,-"
163
r
t
" .
Mr. Sharpe moved to approve the resolution setting public hearings for
the proposed annexation of approximately 305.52 acres of land out of Comal
County. Mr. Baldwin seconded the motion, which carried as follows:
AYES: Councilmen Sharpe, Baldwin, Hoover, Aguilar and Greenwald
NAYS: None
#7 paz APPOINTMENTS: Mayor Sawyer said as there were to separate
appointments to be made, he would entertain
separate motions on them.
A. Mr. Baldwin moved to appoint Mr. Robert Andrews, 209 Greentree, to the
Planning & Zoning Commission to fill the vacant position of Mr. McMahan.
Mr. Sharpe seconded the motion.
Mr. Greenwald asked if there was any reason the Council had to accept the
recommendation of the P&Z. When told there was not by Mayor Sawyer, Mr.
Greenwald said he would like to nominate Mr. Frederick Douglas. Mr.
Sharpe pointed out that a vote must first be taken on the motion on the floor.
The Mayor then called for a vote on the motion to appoint Mr. Andrews, and
the motion carried with the following vote:
AYES: Mr. Sharpe, Mr. Baldwio, Mr. Hoover and Mr. Aguilar
NAYS: Mr. Greenwald
l
B. Mr. Aguilar moved to appoint Mr. Tom Yarling as Secretary of the Planning
and Zoning Commission. Mr. Greenwald seconded the motion, which carried as
follows:
AYES: Councilmen Sharpe, Baldwin, Hoover, Aguilar and Greenwald
NAYS: None
#8 EXECUTIVE SESSION: None was needed.
#9 CITY MANAGER'S REPORT: A. He announced that the Mayor and one
Councilmember had attended the meeting
in New Braunfels on the I35corridor. Mr. Gilmore said that since then we
have received a traffic count for various locations along 135 and he would
have that for Council soon. Mr. Aguilar said that could give Council food
for thought on the extension of Live Oak Road through to 135. Mr. Sharpe
mentioned that the Transportation Engineer discussed the possibility of
another interstate between San Antonio and Dallas.
r--
,
,
,
f
B. Mr. Gilmore said he had put together some questions and suggestions on
the proposal of REACT. Mr. Harris was contacted and as to the central base
station, he advised that there could be some liability involved in those
areas. He advised against this as, among other things, it could involve the
confidentiality of juveniles. Also the City does not have the power to
properly operate our system as it is now in cases of power failure. We need
a new and bigger generator. The one we have will only operate the radios -
no lights, etc. Also Mr. Royce Roberson said that in February San Antonio
College or someone would be sponsoring a seminar on Citizens Against Crime -
Neighborhood services, etc. We will be advised later just when and where.
164
C. The condemnation proceedings on the sewer line and drainage Court date
has been set for the 19th of January.
D. Mr. Harris has received the paperwork back from HUD on the Schaefer
Water system. Now there will have to be some meetings with Schaefer people
then he will have the papers finished.
E. Regarding the cost of the County taking over the costs of workmen's
compensation for the Fire Department, the total savings for the year
would be about $3,500; however we are almost three months into the year
so it will actually be a little less than that.
F. Melick and Thorpe, City auditors, have invited the Council to their
Open House on Friday, December 30th from 3 to 6 P.M. Also Ed Ford is
having his Open House at the same time and of course it is in the same building.
G. The Fire Department invites the Council and City Manager to a tamales
and soda party immediately following this meeting.
#10 ITEMS BY COUNCIL: Mr. Baldwin asked if the City had heard any
more from Mr. Art Young concerning his recent
request for a variance to the flood plain ordinance. Mr. Gilmore said he
is looking for another location and has dropped the variance request.
Mr. Baldwin asked if the City Manager would call the Highway Department
and ask them to do the same thing with the traffic light at FM78 and Live
Oak Road that they had done at 78 and Main regarding the left turn light.
Mr. Hoover again asked the status of the road paver on the Church property
at Nell Deane. Mr. Gilmore said our people went down and tried to move it
but all they could do was move it entirely on private property. It would
cost over $300 to have a wrecker move it. The churm people are trying to
trace the owner and we will continue to follow up on it.
Mr. Hoover said he noticed in his packet that there was a gas leak at the
Live Oak Apartments and wanted to know how bad it was. Mr. Gilmore said
our inspectors have been there and have many items that are wrong. They
have been given notite to correct the inadequacies, such as raw sewage.
If they don't pass inspections in January, then we will start condemnation.
Mr. Aguilar said he wouJd like the Council to acknowledge Mrs. Douglas'
letter of appreciation for the help from all departments of the City on
their Dedication.
n,
L-J
r--'l
I I
U
Mr. Sharpel'asked if it would be appropriate to send a letter of congratu-
lations to Judson Staff on the Rockets winning state championship in football.
#11 ITEMS BY MAYOR: Mr. Sawyer announced a Community Council meeting
for Wednesday night at 7:00 P.M.
The Mayor then recognized Mr. Richard Mansfield, who asked Council to delay
the proposed public hearing on the Larry Thomas rezoning for two weeks. :~
He felt that because of the holidays, the citizens of Deer Haven would not ~
have time to get together to formulate their ideas.
:.;l
165
r
I
\,
Mayor Sawyer told Mr. Mansfield that the Council was aware that the people
in Deer Haven were not happy about the rezoning; but since the zoning ordin-
ance had been followed, we are going ahead with the public hearing as scheduled.
#12 ADJOURNMENT: On a motion by Mr. Greenwald, which was duly seconded~
and unanimously carried, the meeting was adjourned at
7:58 P.M.
ATTEST:
r
I.
REGULAR MEETING OF THE CITY COUNCIL
JANUARY 3, 1984
The Schertz City Council convened in Regular Session, Tuesday, January 3, 1984,
at 7:00 P.M. in the Council Chambers, 1400 Live Oak Road with the following
members present: Mayor Earl W. Sawyer, presiding; Charles B. Sharpe; Hal D.
Baldwin; Ross Hoover; Adolph Aguilar and Ken Greenwald. Staff present were:
City Manager Jimmy G. Gilmore and City Secretary June G. Krause.
After welcoming everyone to the meeting, Mayor Sawyer called Clayton McMahon
to the podium and presented him with a Certificate of Appreciation for his
service on the Planning and Zoning Commission.
PUBLIC HEARINGS: The Mayor opened the public hearings with the announce-
ment that these were joint public hearings with the
Planning & Zoning Commission, all of which were present. The purpose of
the hearings was to receive the views of the public on the four zoning
changes presented. He then turned the meeting over to Mr. John Linebarger,
Chairman of the Planning & Zoning Commission. Mr. Linebarger explained the
procedures as being: the public hearings were to seek the input from citizens,
then the P&Z has 10 days in which to make a recommendation to the City Council,
with the Council taking action at their next regularly scheduled meeting.
I
A. Zoning Change No. 45: After having Mr. Hartzog point out on the
map the location of this proposal, Mr.
Linebarger explained that the Planning and Zoning Commission is recommending
rezoning approximately 128 acres of land from Pre-development (PO) to Single
Family Dwelling District (R-l). A letter was received from Mr. Von Scheele
requesting other types of zoning; however, this letter was received too late.