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REGULAR MEETING OF THE CITY COUNCIL
JULY 10, 1984
The Schertz City Council convened in Regular Session, Tuesday,
July 10, 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, Ross Hoover, Adolph
Aguilar and Ken Greenwald. Absent: Charles B. Sharpe and Hal
Baldwin. Staff present were City Manager Jimmy G. Gilmore and
City Secretary June G. Krause.
Mayor Sawyer welcomed everyone to the meeting especially members
of Scout Troop 18 of Schertz. He introduced the Asst. Scout
Master Bob Sawyer and Scouts Michael Sawyer, Senior Patrol
Leader, Darrell Benge, Librar ian1 Tracy Deless, Patrol Leader,
Steven Savor, Instructor, Shawn Whitley, Chaplaim, and Tom
Smierciak, Patrol Leader. These scouts are currently working
toward their Eagle badge.
PUBLIC HEARING: The Mayor gave the purpose of the public zoning
hear ing, held jointly with the Planning and Zoning Commission
members, as being to receive input from the public on a request
by James Harden to rezone approximately 30 acres of land from
Single Family Dwelling District (R-l) to General Business
District (GB). He then turned the hearing over to Mr.
Linebarger, Chairman of the Planning and Zoning Commission.
Mr. Linebarger asked Earl Hartzog to point out the location of
this property, the frontage is along 135 bounded by Mobile Villa
Estates and Live Oak Hills Subdivision. Mr. Hartzog explained
that Mr. Harden was unable to attend but that he wanted it known
that he was not planning to change anything on this property, he
just wanted to extend his greenhouse operation.
Mr. Vester L. Cobb of 5214 Plaza Drive exp~essed his opinion that
this rezoning would devaluate his property." He said the City had
not done one thing about improving his property since annexation.
There were no other citizens wishing to be heard on this item,
nor did either the City Councilor Planning & Zoning members have
questions.
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This Public Zoning Hearing was closed at 7:08 P.M. after Mr.
Linebarger explained that this would be the last chance citizens
would be heard on this subject.
PUBLIC ZONING HEARINGS:
Mr. Linebarger again explained the purpose of these hearings was
to receive input from citizens. There were two items to be
considered - A. Change the height restr iction to one hundred
twenty feet in General Business District along 135 frontage and
Industrial Districts, and B. Incorporate the Air Installation 0
Compatible Use Zone (AICUZ) recommendations by the Department of
Defense (DOD) into the Zoning Ordinance.
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There were no citizens wishing to speak on these two items, nor
any questions from either the City Council of P&Z members.
Mayor Sawyer closed this pubtic zoning hearing at 7:11 P.M.
SPECIAL PRESENTATION:
for a presentation
Department of Labor
Division.
Mayor Sawyer asked the P&Z members to stay
by Mr. John Steel, Director of Texas
and Standards of Manufactured Housing
Mr. Steel said that four years ago the Legislature passed an
amendment to the ACT allowing his Division to contract to have
cities do the tie down inspections on both mobile and modular
foundations within their jurisdictions. They are authorized to
pay the cities for these inspections. The law also author izes
them to train local inspectors on how to do these inspections.
Mr. Steel said he was there to work with the city and had a one-
year contract for Council consideration. He said some cities
want to inspect in their ETJ also and their attornies say this is
legal. The money received for this service has no str ings
attached, it can be used however the city wants. Mr. Steel said
they looked forward to enter ing into contract with the City of
Schertz.
Mayor Sawyer thanked Mr. Steel for his presentation and then
called a short recess at 7:40 P.M.
r-. Tbe Regular Meeting was reconvened at 7:51 P.M.
11 APPROVAL ~ MINUTES: A. Special Workshop of June 13th,
B. Regular Session of June 19th and Special workshop of June 27,
1984.
Mr. Aguilar called attention to two errors in the spelling of his
name and asked they be corrected.
Mr. Hoover moved to approve the minutes of the Special Meeting of
June 13th, the Regular Meeting of June 19th and the Special
Meeting of June 27, 1984 as corrected. Mr. Aguilar seconded the
motion, which carried with the following vote:
AYES: Councilmen Hoover, Aguilar and Greenwald
NAYS: None
12 HEARING ~ RESIDENTS: There were none wishing to speak.
.3 APPOINTMENT: Consideration of apponting Tobias F.
Albrecht as a Police Reserve Officer.
Mr. Aguilar moved to appoint Mr. Albrecht as a Police Reserve
Officer. Mr. Greenwald seconded the motion, which carried as
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AYES: Councilmen Hoover, Aguilar and Greenwald
NAYS: None
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.4 ORDINANCE: Mayor Sawyer explained that the City has
been enjoined from annexing this parcel on FM 1103 until the
final determination is made by the Public UtilityCommission with
Green Valley Water District.
Mr. Greenwald moved to delay the final reading of an ordinance on
the proposed annexation of 30 acres of land along FM 1103 pending
the outcome of the Public Utility Commission hear ing. Mr.
Aguilar seconded the motion, which carried as follows:
AYES: Councilmen Hoover, Aguilar and Greenwald.
NAYS: None
.5 ORDINANCE: Final consideration of an ordinance amending
Ordinance 83-F-7 on sewer rates. Mayor Sawyer read the caption
of the ordinance as follows:
ORDINANCE NO. 84-F-16
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
Mr. Aguilar moved to approve the final consideration of an 01,'
ordinance amending Ordinance 83-F-7 on sewer rates. Mr.
Greenwald seconded the motion, which carried as follows:
AYES: Councilmen Hoover, Aguilar and Greenwald
NAYS: None
Mr. Aguilar said the Council is not changing rates per se, just
changing the rates to agree with the rates CCMA is passing
through to us.
.6 Pi.Z APPOINTMENT:
Mr. Greenwald moved to appoint Mr. Tom Yarling as Vice-Charman of
the Planning and Zoning Commission. Mr. Hoover seconded the
motion which carried with the following vote:
AYES: Councilmen Hoover, Aguilar and Greenwald
NAYS: None
17 TRANSFER or. APPROPRIATIONS: Mr. Gilmore said this is
the quarterly request for transfer of appropr iations. We are
increasing revenues to include the Bingo Tax and City Public
Service Franchise Tax, which we did not have at the beginning of
the year. Also building, plumbing and electric permits have 0
picked up tremendously. On the expenditures, this is merely
updating line items. For the most part, these are items that
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have already been approved by Council. Legal and engieering fees
have increased because of the court cases and engineering because
of new developments. Mr. Gilmore said he did not include Water
and Sewer, we are still in the process of bringing it up to date
after the assumption of Schaefer Road Rural Water District.
Mr. Aguilar said there always have to be some adjustments because
Council asks the City Manager to do things that need to be done
but were not in the budget.
Mr. Greenwald moved to approve the transfer of appropriations in
accordance with Section 7.07(c) of the City Charter as requested
by the City Manager in his memo dated July 10, 1984. Mr. Aguilar
seconded the motion, which carried as follows:
AYES: Councilmen Hoover, Aguilar and Greenwald
NAYS: None
.8 RESOLUTION: Mayor Sawyer introduced a resolution and
read the caption as follows:
A RESOLUTION BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS RECOGNIZING THE
SESQUICENTENNIAL COORDINATING COMMITTEE AND
ADOPTING THE SESQUICENTENNIAL MASTER PLAN.
Mr. Aguilar moved to pass this resolution recognizing the
Sesquicentennial Coordinating Committee and adopting the
Sesquicentennial Master Plan. Mr. Greenwald seconded the motion,
which carried as follows:
AYES: Councilmen Hoover, Aguilar and Greenwald
NAYS: None
.9 ORDINANCE: Mayor Sawyer introduced an ordinance
amending the Zoning Ordinance and read the caption as follows:
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS, AMENDING THE ZONING
ORDINANCE NO. 79-S-15, IN ACCORDANCE WITH
. ARTICLE XIX, SECTION 2-2.1 WHICH AUTHOR I ZES
THE CITY COUNCIL TO, FROM TIME TO TIME,
AMEND, SUPPLEMENT, CHANGE, MODIFY OR REPEAL
THE REGULATION STANDARDS AND BOUNDARIES OF
THE CITED ORDINANCE; THIS ORDINANCE DOES
AMEND ORDINANCE 79-S-l5 BY AMENDING ARTICLE
XI I I, SECTION 2 HEIGHT REGULATIONS AND
ARTICLE XIV SECTION 2 HEIGHT REGULATIONS, BY
AMENDING ARTICLE XXIII SECTION 1, BY ADDING
1.3 AIR INSTALLATION COMPATIBLE USE ZONE
(AICUZ) RECOMMENDATIONS; AND BY REZONING
APPROXIMATELY THIRTY ACRES OF LAND OUT OF THE
T. HERRERA SURVEY, GUADALUPE COUNTY, FROM R-l
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TO GENERAL BUSINESS (GB) DISTRICT; AND
APPROXIMATELY TEN ACRES OF LAND OUT OF THE T.
HERRERA SURVEY, GUADALUPE COUNTY, FROM PRE
DEVELOPMENT TO INDUSTRIAL DISTRICT M-l; AND
REFLECTING SUCH CHANGE ON CERTAIN ZONING
MAPS.
Mayor Sawyer asked that this item be held in abeyance to see if
the Planning and Zoning Commission members would have a
recommendation later in the meeting.
110 EXECUTIVE SESSION: None needed.
III C.In MANAGER'S REPORT: A. The Mayor, City Manager and
a Library group from Navasota will be paying our library a visit
on Friday, July 13th, and has invited the Council to meet with
them if possible. The State Board has recommended they build a
library similar to ours.
B. Chief Keith has commended Officer Bundy for apprehending a
pair of suspects that had taken Schertz Bank for about $3100 and
others as well. This was done on his Off-duty time, he caught
them in the bank.
C. Regarding the State contract on inspections, does Council
want this on the next agenda. Mr. Gilmore said he thought we
should include our E.T.J. in the contract. He is now having our
attorney look it over.
D. The City Manager presented a budget workshop schedule.
E. Rita Bullock, representing BVYA has requested to be on the
next agneda to discuss opening ceremonies for the tournament.
F. Have received a copy of the audit proposal from the firm in
Austin, suggest having the consideration of audit on next agenda.
112 ITEMS BI COUNCIL: Mr. Aguilar said he would like to
br ing out a point on which there has been some confusion. A
recent newspaper article led people to believe Schertz is not
concerned about water conservation. To this day, he said he had
not seen any efforts on the part of the Edwards Acquifer people
on water. We appreciate CCMA in wanting to represent this area
but because we do have an ordinance and similar procedures, we
will implement them when necessary. However, had we agreed to
have CCMA represent us then that would have indicated that we
agreed with the Edwards Acquifer Plan. We do not believe that we
should be dictated to by the City of San Antonio. We do want
people to conserve. We are not careless and we are concerned.
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Mr. Greenwald called attention to the letter about the BVYA
holding the State Tournament, the letter says July 20th but he 0
feels sure it should be July 29th. The tournament last week was
a great succss.
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Mr. Aguilar said Council should thank everyone who took part in
the July 4th Jubilee.
113 ITEMS BI MAYOR: Mayor Sawyer thanked the young scouts
who attended the meeting to see how city business is conducted.
Mr. Sawyer said that the Council is quite concerned about water
conservation, regardless of what the paper indicated.
At this time Mayor Sawyer requested to go back to item No.9.
.9 ORDINANCE: Mr. Greenwald moved to table this ordinance
amending the zoning ordinance on height restrictions. Mr. Hoover
seconded the motion, which carried as follows:
AYES: Councilmen Hoover, Aguilar and Greenwald
NAYS: None
#14 ADJOURNMENT: On a motion by Mr. Hoover, duly seconded
and unanimously carried, the meeting was declared adjourned at
8:26 P.M.
l' ATTEST:
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