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REGULAR MEETING OF THE CITY COUNCIL
JUNE 19, 1984
The Schertz City Council convened in Regular Meeting, Tuesday,
June 19, 1984, at 7:00 P.M. in the Council Chambers of the
Municipal Complex, 1400 Live Oak Road, with the following members
present: Mayor Earl W. Sawyer, presiding, Charles B. Sharpe,
Ross Hoover, Adolph Aguilar and Ken Greenwald. Absent: Hal
Baldwin. Staff present were City Manager Jimmy G. Gilmore and
City Secretary June G. Krause.
11 APPROVAL OF MINUTES: A. Workshop Meeting of May 30th
and B. Regular Session of June 5, 1984.
Mr. Hoover moved to approve the minutes of the Workshop Meeting
of May 30, 1984 and the Regular Session of June 5, 1984. Mr.
Sharpe seconded the motion which carried with the following vote:
AYES: Councilmen Sharpe, Hoover, Aguilar and Greenwald.
NAYS: None
#2 HEARING OF RESIDENTS: Mr. Ray Taylor, Chairman of the
Building and Grounds Committee of the First Baptist Church, asked
Council about their request that two crosswalks and two signs be
installed in the 600 Block of Aero Avenue adjacent to the Church.
He said these are needed to protect persons crosing Aero from the
Church parking lot.
Mayor Sawyer said this had been discussed at the last workshop
and that the decision was that Council could not allow the
crosswalks because if we put crosswalks in there, the City is
liable and would have to have someone there at all times.
Mr. Gilmore said this would required an ordinance change and
would really put the City in jeopardy. The Council came up with
some alternatives, such as putting in portable signs, which would
be the responsibility of the church, or they could have someone
there similar to the Mama Patrols, dur ing church hours. These
signs would be removed at the close of services.
Mayor Sawyer suggested Mr. Taylor take this information back to
his committee and then come to the Wednesday, June 27th workshop
for further discussion.
#3 ORDINANCE: Mayor Sawyer introduced an ordinance
amending the traffic ordinance and read the caption as follows:
ORDINANCE NO. 84-D-14
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS, PROVIDING THAT THE CODE OF
ORDINANCES OF SAID CITY BE AMENDED BY REVISING
SECTIONS 18-32 'STOP INTERSECTIONS, 18-35
'YIELD INTERSECTIONS, 18-91 'PARKING
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PROHIBITED', 18-96 · IMPOUNDMENT OF STANDING OR
PARKED VEHICLES' OF SAID CODE.
Mr. Aguilar moved to approve on final consideration
ordinance amending the traffic ordinance as listed in
caption. Mr. Greenwald seconded the motion which carried
the following vote:
this
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AYES: Councilmen Sharpe, Hoover, Aguilar and Greenwald
NAYS: None
.4 ORDINANCE: Mayor Sawyer introduced and ordinance on the
proposed annexation of 31 acres of land out of Guadalupe County
and ask Council to consider a motion to defer action on the final
consideration of this ordinance until the regular meeting of July
10th.
Mr. Greenwald moved to defer action on this ordinance on the
proposed annexation of 31 acres of land our of Guadalupe County
until the July 10th meeting. Mr. Aguilar seconded the motion
which carried as follows:
AYES: Councilmen Sharpe, Hoover, Aguilar and Greenwald.
NAYS: None
.5 ORDINANCE: The Mayor introduced an ordinance on
proposed annexation and read the caption as follows:
ORDINANCE NO. 84-A-15
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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 296.78 ACRES, MORE OR LESS, OUT OF
COMAL COUNTY.
Mr. Hoover moved to approve the final consideration of an
ordinance on the proposed annxation of 296.78 acres of land out
of Comal County. Mr. Sharpe seconded the motion, which carried
as follows:
AYES: Councilmen Sharpe, Hoover, Aguilar and Greenwald
NAYS: None
.6 ORDINANCE: Mayor Sawyer introduced an ordinance
amending Ordinance 83-F-7 on sewer rates and read the caption as
follows:
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS, AMENDING ORDINANCE NO. 83-F-7,
SECTION XXX - SEWER RATES ESTABLISHED AS SET
OUT IN EXHIBIT 5.
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Mr. Sawyer said that Cibolo Creek Municipal Authority have raised
our sewer rates in the amount of 38 cents per 1000 gallons and by
this ordinance we are passing this rate increase through to our
customers.
Mr. Aguilar moved to approve the first reading of an ordinance
amending Ordinance No. 83-F-7 on sewer rates. Mr. Greenwald
seconded the motion.
Mr. Sharpe said it should be noted that we are simply changing
the sewer rates to agree with what CCMA is charging us. We are
just passing it through.
Mayor Sawyer then called for a vote on the motion, which carried
as follows:
AYES: Councilmen Sharpe, Hoover, Aguilar and Greenwald
NAYS: None
17 CCMA: Consideration of having Cibolo Creek Municipal
Authority represent the City in planning phases of the Water
Conservation/Development Program.
Mayor Sawyer said this is the same thing he had brought up at
workshop, where the committee was asking the small cities to pay
$500 each. We now have this letter from CCMA saying they will
pay the entire $1000 and will be glad to represent us if we so
desire.
Mr. Sharpe said he had a lot of questions about this particular
program. First, we are not members of the Edwards Underground
Water District and he did not think we needed them to tell us
when to conserve as we have an ordinance on conservation that has
been in effect for three years. Mr. Sharpe did not agree with
the assessment ratio, feeling San Antonio was not paying their
share. Also he said he did not agree with their program and he
did not see anywhere in there where there was a point they would
~ease using water for tourism.
Mr. Greenwald moved the City not approve Cibolo Creek Municipal
Authority to represent our city, as we already have a
conservation ordinance and we are managing our wells accordingly.
Mr. Hoover seconded the motion, which carried as follows:
AYES: Councilmen Sharpe, Hoover, Aguilar and Greenwald
NAYS: None
Mr. Sharpe said that CCMA can do this without coming to the
cities. They could not take any votes but by agreeing to their
proposal, we are agreeing to this program.
t8 ANIMAL SHELTER FEES: Mayor Sawyer said the Animal
Control Officer has recommended increasing adoption fees from
$5.00 to $7.00, if the animal had received the second booster
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shot and the fee will remain at $5.00 for those receiving only
one shot.
Mr. Hoover moved to approve the consideration of increasing
animal adoption fees in accordance with the Animal Control
Officer's recommendation. Mr. Aguilar seconded the motion.
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Mr. Sharpe said he wondered if that would be sufficient and asked
if it would not be appropriate to raise the fees to $7.50 for one
shot and $10.00 for the second booster shot.
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Mr. Hoover then amended his motion to approve increasing animal
adoption fees to $10.00 if the animal had two shots and $7.50 if
only one shot with the same percentage going to the city. Mr.
Aguilar seconded this amended motion, which carried with the
following vote:
AYES: Councilmen Sharpe, Hoover, Aguilar and Greenwald
~S : None
.9 COUNCIL MEETING DATE: Mayor Sawyer said it had been
requested that the first regular meeting in July be changed as
both he and Mr. Sharpe, the Mayor Pro Tem, would be out of town
on the 3rd. He also appointed Mr. Aguilar, senior Councilman, to
act in his behalf when both he and the Mayor Pro Tem are out of
town.
Mr. Sharpe moved to change the regular meeting from July 3, 1984 0
to July 10, 1094. Mr. Hoover seconded the motion, which carried
with the following vote:
AYES: Councilmen Sharpe, Hoover, Aguilar and Greenwald
NAYS: None
.10 PUBLIC HEARING DATE: Mayor Sawyer introduced this item
as a consideration of setting a time, date and place for a Public
Zoning Hearing to consider request by J. Harden, ordinance
amendments on height restrictions and incorporation of AUCUZ into
the Zoning Ordinance.
Mr. Hoover moved to hold a Public Zoning Hearing on the three
items set out by the Mayor, for July 10, 1,9-84, at 7:00 P.M. in
the Council Chambers, 1400 Live Oak Road. Mr. Guilar seconded
the motion, which carried with the following vote:
AYES: Council Sharpe, Hoover, Aguilar and Greenwald
NAYS: None
.11 ,EXECUTIVE SESSION: At this time, Mayor Sawyer
recognized Mr. Randall C. Grey who served Mr. Gilmore with a
Federal Court Temporary Restraining Order.
Mayor Sawyer called an Executive Session at 7:31 P.M. under 0
Article 6252-17 VTCS on personnel.
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The Regular meeting was reconvened at 7: 45 P.M., at which time
Mayor Sawyer said certain personnel items were discussed and
satisfaction was reached.
.12 CITY MANAGER'S REPORT: A. A request from the Lone
Star Girl Scouts for a special charge per person to use the pool
during their two week summer camp. They are asking that the
charge be $1.25 per child for four times at about two hours each
time. Mr. Gilmore asked that, since this was a special one-time
charge change, he have the blessing of the Council. Mayor Sawyer
said fine, if it does not inter fer with the pool operation. Mr.
Sharpe suggested that we ask them to include one or two dollars
extra in their camp fees next year to c'over swimming costs.
Council concensus was to allow this special rate this year.
B. Have a request from the Burke Company to use the large
paviliam on June 23 - they will have over 200 people. They have
reserved Landa Park in New Braunfels for the picnic but an case
it rains, they want to use our pavilion. They would pay all the
non-returnable fees required. Council had no objection.
C. Have received request from Guadalupe County Mental Health-
Mental Retardation and from RSVP to come to the next workshop to
discuss their individual request to be including in the City's
budget. Mr. Greenwald suggested also inviting Cibolo Valley
Alcohol and Drug Abuse Council to this workshop.
D. Received a TML report on Federal CATV Legislation
E. Also the new Corridor Report
F. Mr. Gilmore said he is putting a new safety program in being.
This is a very necessary program and will require cooperation of
all city departments. This is only the beginning.
G. There have been several incidents at the pool where they
abuse passes and admissions. Four people have been caught using
someone else's pass. Mr. Gilmore asked Council blessing to
revoke passes after two violations with no refund. First would
send letters to parents warning them of the abuses, then on the
second time, just revoke the pass. Council was in agreement.
H. Fire inspections were made at Bussey' Flea Market and the
violations have been or are being corrected.
I. Mr. Gilmore gave the following information in response to
questions that were asked at the last workshop:
(1) The maximum hotel-motel tax the City can impose is 7%,
however the State charges another 3%, making the total 10%.
(2)The Slab being built at the Garden Homes next to CCMA is
11 feet back from the property line, which is well back from the
right-of-way line of FM 3009.
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(3) Carwash Companies do not pay sales tax unless it is a
large concern where they do sell separate items like dedorizers, n
compounds, etc. and then they would have to pay sales tax on just LJ'
those items.
(4) Talked with our insurance agent and he feels that our
policy does cover civil rights cases, however he is contacting
the company direct and they will advise us in writing.
(5' Called the Audio Visuals Company that furnished oar
lecturn and they do not have the type connector requested. They
suggested we get the materials and do it ourselve8.
J. In the future, when someone comes in for certain developments
like the carwash on FM 78, we would like to giv~ the developer
the option of either putting in the walks (or curbs and gutters)
or putting the money in a special fund to be used when FM 78 is
widened.
K. At 10:00 AM on June 30th we will have the unveiling
ceremonies for the Histor ical Marker for the City of Schertz.
This will be at the Library and members of the Schertz family
will do the unveiling. Invitations will go to all interested
parties representatives, Histor ical Society, Board and
Committees of the City, and will be advertised in the papers.
L. There will be an AACOG semi annual meeting on June 27th at
2:00 P.M. at the Gunter Hotel in San Antonio.
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.13 ITEMS BY COUNCIL: Mr. Sharpe announced that Friday, L' _)i
June 22nd at 7:00 P.M. the Black Forest Restuarant will host an
open house. Also the Chamber of Commerce is starting their 10th
year with a luau at the officers club at 6:30 PM on the 1st of
July.
Mr. Sharpe said that at the Safety Meeting on Fr iday the speed
limit on FM 3009 was discussed. Mr. Gilmore said the information
had come in from the State but they did not lower the speed
limit. He will wr ite them asking that they lower the speed
limit. Mr. Sharpe said this is essential before we have a high
accident rate there.
Mr. Aguilar said that he had attended the Transportation meeting
and mentioned Schertz' plan to extend Live Oak Road to 135 and
they were very receptive to the plan. They will start thinking
about building a crossover at 135, an added access. Mr. Sharpe
said that a San Antonio man asked why not another crossing of the
Cibolo Creek between Universal City and Schertz.
Mr. Greenwald asked the status on lowering the U.C. pumps. Mr.
Gilmore said that they are ordering the piping, etc., and as soon
as he has time will schedule the work.
.14 ITEMS BY MAYOR: Mayor Sawyer said he had the pleasure C'
of breaking ground this morning on our newest business, Negley
Paint and we welcome them to our area.
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115 ADJOURNMENT: On a motion by Mr. Hoover, seconded by
Mr. Sharpe and unanimously carried, the meeting was adjourned at
8:33 P.M.
ATTEST:
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