ccreg 10-05-1981
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REGULAR SESSION OF THE CITY COUNCIL
OCTOBER 5, 1981
The Schertz City Council convened in Regular Session, Monday, October 5,
1981 at 7:00 P.M.in the Council Chambers, 1400 Live Oak Road with the follow-
ing members present: Mayor Jack M. Stomackin, Sr., presiding; Richard L.
Howe; Barbara Taylor; Jeff Duffield; Earl W. Sawyer and Jacqueline Lawler.
Staff present were: City Manager Jimmy G. Gilmore and City Secretary June G.
Krause.
#1 APPROVAL OF MINUTES: A. Mr. Sawyer moved the minutes of the
Workshop meeting of September 14, 1981,
be approved. Mrs. Lawler seconded the motion which carried with the following
vote:
AYES: Councilmembers Howe, Taylor, Duffield, Sawyer and Lawler
NAYS: None
B. Mrs. Lawler moved the minutes of the Regular Session of September 15,
1981 be approved. Mr. Duffield seconded the motion which carried as follows:
AYES: Counci1members Howe, Taylor, Duffield, Sawyer and Lawler
NAYS: None
C. Mr. Sawyer moved the minutes of the Workshop Session of September 28, 1981
be approved. Mrs. Lawler seconded the motion which carried as follows:
AYES: Counci1members Howe, Taylor, Duffield, Sawyer and Lawler
NAYS: None
#2 HEARING OF RESIDENTS: None requested time.
#3 PRESENTATION: Before Ms. Billie R. Thomas of Coastal Equities gave
a presentation on some proposed apartments, Mr. Gilmore
explained that she had come to the City to discuss the pOSSibility of her
firm building apartments within the City. He invited her here tonight to
explain what type of apartments, give a little background of the firm she
represents and give the Council and P&Z members a chance to ask questions.
Later she will follow the procedures of going to the P&Z and them making
recommendations to the Council.
Ms. Thomas and her associate Steve Hogan showed pr~liminary plans for the
apartments and indicated the area they are interested in is just north of
the Val Verde Apartments, facing Live Oak Road. Their firm are the owners
and managers of the apartment complexes they construct, meaning they have
on-site managers and maintenance. She invited Council to check with some
of the cities they have constructed apartments in, such as Hondo, Kenedy,
Halletsville, Orange Grove and several others. She then answered questions
of Council concerning construction, financing and the types of prospective
tenanst.
#4 BID AWARD: Mr. Gilmore called attention to the Bid tabulation
sheet provided, which shows bids were received from
five contractors, the lowest being from Tank Builder's. This low bid
is slightly higher than the engineer's estimate, but is a good company
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who has done several contracts in this area. The Engineer has recommended
awarding to the low bidder.
Mr. Howe moved to award the bid on the Universal City water plant renova-
tions to Tank Builder's, in the amount of $263,000.00. Mrs. Taylor
seconded the motion which carried as follows:
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~\ AYES: Councilmembers Howe, Taylor, Duffield, Sawyer and Lawler
v NAYS: None
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#5 ORDINANCE: The Mayor introduced and read the caption on the
following ordinance, which was presented for final
approval. Mr. Gilmore advised that he had talked with the City of Cibolo
and they have agreed to the boundary suggestions; however, the City does
not have their Letter of Agreement in writing. He suggested tabling this
item until such time as the letter of agreement is received.
AN ORDINANCE
PROVIDING FOR THE MODIFICATION OF THE BOUNDARY LINES OF THE
CITY OF SCHERTZ, TEXAS, BY THE DISANNEXATION OF A TRACT OF
LAND CONTAINING 59.07 ACRES OF LAND OUT OF GUADALUPE COUNTY.
Mr. Howe moved to table action on this item until the City receives the letter
of agreement from Cibolo. Mr. Sawyer seconded the motion which carried as
foll ows:
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AYES: Councilmembers Howe, Taylor, Duffield, Sawyer and Lawler
NAYS: None
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#6 ORDINANCE: The Mayor introduced and read the caption on the
following ordinance:
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ORDINANCE NO. 81-F-28
AN ORDINANCE OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE
CODE OF ORDINANCE, CITY OF SCHERTZ, TEXAS, BE AMENDED BY REVISING
SECTION 19-47 OF SAID CODE, PROVIDING A PENALTY FOR DELINQUENCY;
BY REVISING SECTION 19-48 OF SAID CODE, DISCONTINUANCE OF SERVICE
FOR FAILURE TO PAY; BY ESTABLISHING SECTION 19-50,OF SAID ORDINANCE,
NEW CONSTRUCTION UTILITY CUSTOMERS, TEMPORARY SERVICES AND GARBAGE
SERVICE ONLY; AND PROVIDING AN EFFECTIVE DATE.
Mr. Sawyer moved the code of ordinance be so amended and this ordinance
be passed on final consideration. Mrs. Lawler seconded the motion which
carried with the following vote:
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AYES: Councilmembers Howe, Taylor, Duffield, Sawyer and Lawler
NAYS: None
#7 ORDINANCE: Mayor Stomackin introduced the following captioned
ordinance;
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AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AMENDING
THE ZONING ORDINANCE (ORDINANCE NO. 79-S-l5) OF THE CITY OF
SCHERTZ, TEXAS: CHANGING THE CALSSIFICATION OF A 54.25 ACRE
TRACT OF LAND FROM PRE-DEVELOPMENT (PO) TO GENERAL BUSINESS
(GB); AND REFLECTING SAID CHANGE ON CERTAIN ZONING MAPS IN
ACCORDANCE WITH ARTICLE II AND III OF SAID ZONING ORDINANCE.
Mr. Sawyer moved that based on the Planning and Zoning recommendations,
the first reading of this ordinance be approved. Mrs. Lawler seconded the
motion which carried with the following vote:
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AYES: Councilmembers Howe, Taylor, Duffield5 Sawyer and Lawler 10
NAYS: None
#8 ORDINANCE: The Mayor introduced as an emergency measure the fol10w-
caption ordinance and read the caption as follows:
ORDINANCE NO. 81-S-29
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS,
AMENDING THE ZONING ORDINANCE (NO. 79-S-15) OF THE CITY OF
SCHERTZ, TEXAS, IN ACCORDANCE WITH ARTICLE XIX, SECTION 2-2.1
WHICH AUTHORIZES 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 NO. 79-S-15 BY ADDING A NEW PARAGRAPH ENTITLED IIHOME
OCCUPATIONSII WHICH ESTABLISHES THE REGULATION OF TYPES OF HOME
OCCUPATIONS AUTHORIZED WITHIN THE CITY OF SCHERTZ, TEXAS; AND
STIPULATES EMERGENCY ACTION.
Mr. Sawyer moved this ordinance be passed as an emergency measure. Mr. Howe
seconded the motion.
Mr. Howe then asked the reason for the emergency. Mr. Gilmore stated that
the current ordinance is ambiguous, and since we have had several inquiries
on this subject, we needed clarification immediately.
After further discussion, the Mayor called for a vote and the motion carried
as follows:
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AYES:, Councilmembers Howe, Taylor, Duffield, Sawyer and Lawler )1
NAYS: None
#9 RESOLUTION: The Mayor introduced and read the caption on a reso-
lution as follows:
RESOLUTION NO. 81-R-10
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS,
ACKNOWLEDGING THAT THERE IS A CONTINUING REQUIREMENT TO ASSURE
THE INTEGRITY OF SECURITY WITHIN THE MUNICIPAL COMPLEX BUILDING.
Mr. Duffield requested the last paragraph of this resolution be changed to
read as follows:
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"THAT, the duty dispatcher will maintain a log of all persons enter-
ing the Municipal Complex Building showing name, date, time-in and time-
out, and signature of all persons entering the building."
Mr. Howe moved this resolution be approved with the stipulation as
amended by Mr. Duffield. Mrs. Taylor seconded the motion which carried
with the following vote:
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c\\ AYES: Councilmembers Howe, Taylor, Duffield, Sawyer and Lawler
\/~ NAYS: None
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#10 WATER LINE RELOCATION: Mr. Gilmore explained that sometime ago
he had advised the Council that the High-
way Department told us that they were going to improve FM 2252 and it would
require us to move our water line; but at that time there was no time element
stated. We have now received correspondence that they are ready to commence
this work and want us to move the line immediately. He went on to explain
that when the original line was put in, rather than purchase easement
property, we have on file a letter stating that we could use their easement
but we have to move the line at our expense if it become necessary.
Mr. Howe asked if it would be more economical to abandon the present line
and put in a new one. He also said that he would like to have some figures
in writing before making a firm commitment on this. Mr. Gilmore said that
it would have to come back to Council but he needed authorization to proceed
with pl ans.
Mrs. Lawler moved to authorize the City Manager to proceed with plans and
getting information needed to relocate the water line on FM 2252. Mr. Howe I I
seconded the motion which carried with the following vote:
AYES: Councilmembers Howe, Taylor, Duffield, Sawyer and Lawler
NAYS: None
Mr. Gilmore al.so stated that he had written Comal County Commissioners,
Senator Treager, and Representative Bock requesting financial help in
relocating this line but had received negative replies from each.
#11 COMMUNITY CENTER: Mr. Gilmore recommended amending the attachments
to the ordinance regulating the community center
which would reflect in increase from $20.00 to $30.00 charge for city cleanup.
This $20.00 charge has not been covering our cost for this service. He
also recommended the need for a specific designated place to be used as a
beer and alcohol dispensing area as this was being placed allover the
building and causing undue cleanup. Also recommended was the prohibiting
of throwing rice or gains inside the building.
Mr. Howe moved the requested changes to the attachments to ordinance 80-M-14
on the Community Center all be approved as presented. Mrs. Lawler seconded
the motion which carried with the following vote:
AYES: Councilmembers Howe, Taylor, Duffield, Sawyer and Lawler'
NAYS: None
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#12 COUNTY TAX APPRAISAL BOARD: The Mayor stated that our present
representative on the County Tax
Appraisal Board, John B. McClure, term is up and we have been asked to
make a nomination for the November 15th election.
Mr. Sawyer said that he agreed with the renonimation of Mr. McClure but we
only have 256 votes and we should check with the School Board and Cibo10
to be sure that we all nominate the same person.
Mr. Sawyer then moved to nominate Mr. John B. McClure as a candidate for
the County Tax Appraisal Board. Mrs. Lawler seconded the motion which
carried as follows:
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AYES: Councilmembers Howe, Taylor, Duffield, Sawyer and Lawler
NAYS: None
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#13 EXECUTIVE SESSION: None needed at this time.
#14 CITY MANAGER1S REPORT: Mr. Gilmore said that as requested he had
approached the Texas Industrial Commission
to come to Schertz and that they will contact us when next in our area.
Concerning the Crossing Guard at Curtiss and Live Oak at noon, Mr. Gilmore
said another check had revealed that nine children crossed unassisted but
he has been advised that many parents drive their children to kindergarten
that would let them walk if there was a crossing guard between 11 :30 and
12:30. Chief Schoonover has talked with the regular Mama Patrol at that
crossing and she has agreed to work the extra hour or so. Council agreed
to authorize the City Manager to have her work the extra time on a tdal
basis.
The City Manager showed Council a reconditioned water meter which Mr. Boswell
had sent to Rockwell in Houston. He sent 47 in for reconditioning at a
cost of $498.06 as compared to price of new meters of approximately $2205.00.
#15 ITEMS BY COUNCIL: Mr. Howe thanked the City Manager for a job
well done in patching the street in front
of his drive but the street needs repairs on down the street.
Mrs. Taylor asked about a copy of the State Bingo law. Mr. Gilmore said
there is an article in the current issue of Town and City magazine on
this subject.
Mr. Sawyer and Mr. Howe asked the City Manager to try to get clarification
from the Attorney General on the law if no petition is presented.
Mr. Duffield called attention to the fact that five of the eleven items on
the agenda requiring action were not discussed at a previous workshop, which
called attention to the need for the additional workshop discussed last
week.
#16 ITEMS BY MAYOR: The Mayor had none at this time.
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#17 ADJOURNMENT: On a motion duly made, seconded and unanimously
carried, the meeting was adjourned at 8:13 P.M.
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ATTEST:
SPECIAL SESSION OF THE CITY COUNCIL
OCTOBER 14, 1981
The Schertz City Council convened in Special Session, Wednesday, October
14, 1981 at 7:00 P.M. in the Conference Room of the Municipal Complex,
1400 Live Oak Road with the following members present: Mayor Jack M.
Stomackin, Sr., presiding; Richard L. Howe; Barbara Taylor; Jeff Duffield;
Earl W. Sawyer and Jacqueline Lawler. Staff present City Manager Jimmy
G. Gilmore and Deputy City Secretary Alice Austin.
#1 WORKSHOP DISCUSSION: Mayor Stomackin opened the meeting and
advised Council that a meeting between
the Schertz-Cibolo-Universal City School Board and Councils from surround-
ing cities had been scheduled for November 10, 1981 in Schertz City Council
room. Mayor stomackin the turned the meeting over to the City Manager.
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Council discussed seven ordinances which are scheduled to be on the next
regular meeting agenda. Council requested a change be made in the proposed
ordinance adopting Standard Swimming Pool Code to change from a 6 foot fence
requirement to a 4 foot fence and to make provisions governing prOXimity of
fence around a pool in a multi-family or apartment complex.
Council requested news items be published prior to holidays to notify
citizens about strict enforcement of fireworks ordinance violations.
Council discussed curb-cut request made by Mr. Cowart and Mr. Johnson.
Item will be on next regular meeting agenda. Mr. Gilmore advised Council
that he would like to have their permission to rule on curb-cut requests
instead of bringing them before. He advised that investigations were done
by the Chief of Police and Public Works Director on all requests for curb-
cuts. And that no decision would be made without an investigation. A
consensus of the Council was that Mr. Gilmore is authorized to rule on
curb-cuts without bringing them before Council.
#2 GENERAL DISCUSSION: Mr. Gilmore read a letter from the Texas
State Library Board advising that the City
of Schertz Library had been accredited as a fully qualified member of the
Texas Library system.
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