ccreg 11-03-1981
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REGULAR MEETING OF THE CITY COUNCIL
NOVEMBER 3~ 1981
The Schertz City Council convened in Regular Session., Tuesday~ November 35
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: City Manager Jimmy G. Gilmore, City Secretary June G. Krause, Assis-
tant to City Manager Tommy M. Brooks and City Attorney Richard W. Harris.
#1 PUBLIC HEARING: Mayor Stomackin opened the Public Hearing at 7:00
P.M. and turned the meetin over to Planning and
Zoning Chairman John Linebarger. Mr. Linebarger explained the first two
changes were recommended by the P&Z and the 3rd request came from a private
individual. He also explained that the legal descriptions on are on record
but in the interest of time, they would not be read aloud unless someone
specifically asked for it.
A. Zoning Change #33: Chairman Linebarger this change involved the frontage
on F.M. 78 along the Bligh property and asked Mr. Brooks to point out on the
map the exact location of the proposed change. This change from pre-develop-
ment to General Business will be the same depth as that already zoned along
FM 78. Mrs. Jean Trevino, who lives adjacent to this property, asked if
such things as ~n Ice House would be permitted in this general busines
zoning. Mr. Linebarger advised her that numerous types of business are
authorized in GB zoning and that an ice house could possibly be built there.
Mrs. Trevino then stated that in that case she would be against the rezoning.
There was no further discussion, from the audience, P&Z or City Council on
this proposed Zoning Change #33.
B. Zoning Change #34: Chairman Linebarger asked Mr. Brooks to point out on
the map the location of this proposed zoning change. This change is in two
portions, the first from approximately Wiederstein Road 900 feet either side
of 1-35 to FM 1103. The second portion is also 900 feet either side of
1-35 from just each of Northcliffe Subdivision to the easterly boundary of
the city limits. Mr. John Friesenhahn, speaking in behalf of his father
who owns land in this area, asked what, if any, affect this rezoning would
have if his father continues to farm and perhaps wanted to subdivide the
land (giving portions to his sons) and perhaps build a barn or house. Mr.
Linebarger advised that the rezoning would not affect the tax on the land
and that as long as it was used for agriculture, it could be farmed as it
has been for years and that, with a specific use permit, a house could be
built there even though it was rezoned general business. There was no further
discussion from the audience, P&Z or City Council on this proposed zoning
change #34.
C. Zoning Change #35: Chairman Linebarger opened for discussion this
proposal after Mr. Brooks identified the location on a map. This area is
facing Live Oak Road just north of the ValVerde apartments. Costal Equities
Inc. has requested a zoning change from R-2, Single Family to R-4, Mu1ti-
residence Dwelling District. There are four acres involved in this change.
Mr. Steve Hogan, representing Coastal Equities was present to answer any
questions. He stated the rent price range would be from $210 to $557 for
a 3-bedroom apartment and the square footage would range from 650 to 990
square feet. They plan building 60 units with a combination of one and
two story buildings.
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After each zoning change was proposed, Chairman Linebarger advised the
audience that this would be their last opportunity to comment on the
proposed changes. There being no further comments from anyone, Mr.
Linebarger turned the meeting back to Mayor Stomackin, who declared the
Public Hearing closed at 7:24 P.M. and immediately called a short recess.
The meeting was reconvened by Mayor Stomackin at 7:30 P.M.
#2 APPROVAL OF MINUTES: A. Mr. Sawyer moved the minutes of the
regular meeting of October 19, 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 Special meeting of October 28, 1981
be approved. Mr. Sawyer seconded the motion which carried as follows:
AYES: Councilmembers Howe, Taylor, Duffield, Sawyer and Lawler
NAYS: None
#3 HEARING OF RESIDENTS: There was noone wishing to speak.
#4 ORDINANCE: The Mayor introduced and read the caption on the
following ordinance:
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AN ORDINANCE
SUPPLEMENTING THE SOUTHERN STANDARD BUILDING CODE, 1979
EDITION, AS AMENDED, REVISED AND CORRECTED, SPECIFICALLY
SECTION 706 - ROOF COVERING; BACKGROUND; DEFINATIONS;
REGULATED USE OF WOOD ROOF MATERIALS; PENALTIES; SEVERABILITY.
Mr. Sawyer moved 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, Duffield, Sawyer and Lawler
NAYS: None
#5 ORDINANCE: The Mayor introduced and read the caption on the follow-
ing ordinance:
ORDINANCE NO. 81-C-31
AN ORDINANCE ADOPTING THE STANDARD HOUSING CODE, 1979 EDITION,
WITH 1980 AND 1981 REVISIONS AS THE HOUSING CODE OF THE CITY
OF SCHERTZ, TEXAS AND PROVIDING A PENALTY.
Mrs. Taylor moved this ordinance be adopted on the final reading. Mr.
Duffield seconded the motion which carried with the following vote:
o 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:
ORDINANCE NO. 81-C-32
AN ORDINANCE ADOPTING THE STANDARD SWIMMING POOL CODE, 1979
EDITION, AS AMENDED, AS THE SWIMMING POOL CODE OF THE CITY
OF SCHERTZ, TEXAS, AS HEREIN MODIFIED AND REPEALING ALL
ORDINANCES IN CONFLICT.
Mrs. Lawler moved to accept this ordinance, as amended, on the final
reading. Mr. Sawyer seconded the motion which carried as follows:
AYES: Councilmembers Howe, Taylor, Duffield, Sawyer and Lawler
NAYS: None
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#7 ORDINANCE: Mayor Stomacking introduced and read the caption on
the following ordinance:
ORDINANCE NO. 81-C-33
AN ORDINANCE DEFINING FIREWORKS; DEFINING TERRITORIAL APPLICABILITY;
PROHIBITING THE MANUFACTURE, ASSEMBLY, STORING, TRANSPORTATION, SALE,
OFFER OR HAVE IN POSSESSION WITH THE INTENT TO SELL, USE, DISCHARGE,
IGNITE OR OTHER WISE SET IN ACTION; PROVIDING FOR SEIZURE AND DIS-
POSAL OF FIREWORKS; REGULATING PUBLIC DISPLAYS; PROVIDING CERTAIN
EXCEPTIONS; PROVIDING PENALTIES FOR THE VIOLATION OF THE PROVISIONS
OF THIS ORDINANCE; AND SEVERABILITY.
Mr. Sawyer moved this ordinance on fireworks be approved. Mrs. Lawler
seconded the motion which carried with the following vote:
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AYES: Council members Howe, Taylor, Duffield, Sawyer and Lawler ) :,Lu'.'
NAYS: None
Before the vote was taken, Mr. Howe asked if the City Attorney had read
this ordinance. Mr. Gilmore explained that it was th standard TML ordinance
and Mr. Harris (attorney) said in that case he had read it and it was a
good ordinance.
#8 ORDINANCE: The Mayor introduced and read the caption of the
following ordinance:
ORDINANCE NO. 81-C-34
AN ORDINANCE OF THE CITY OF SCHERTZ, TEXAS, ADOPTING THE
NATIONAL ELECTRIC CODE, 1981 EDITION, AS THE ELECTRICAL CODE
OF THE CITY OF SCHERTZ, TEXAS; DESIGNATING THE ELECTRICAL
INSPECTOR; SETTING AMOUNT OF LICENSE FEES AND BONDS; REPEAL-
ING ALL ORDINANCES IN CONFLICT AND SETTING A PENALTY.
Mr. Howe moved this ordinance adopting the National Electric Code be
accepted. Mr. Duffield seconded the motion which carried as follows:
AYES: Councilmembers Howe, Taylor, Duffield, Sawyer and Lawler I' '
NAYS: None
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#9 ORDINANCE: The Mayor introduced the following ordinance and
read the caption thusly:
ORDINANCE NO. 81=C-35
AN ORDINANCE ADOPTING THE STANDARD PLUMBING CODE, 1979
EDITION, WITH 1980-81 REVISIONS, TO INCLUDE ALL FUTURE
EDITIONS, REVISIONS AND AMENDMENTS, AS THE PLUMBING CODE
OF THE CITY OF SCHERTZ, TEXAS, AS HEREIN MODIFIED; AND
REPEALING ALL ORDINANCES IN CONFLICT; AND SETTING FEES
AND BONDS..
Mr. Howe moved to accept this ordinance adopting a Plumbing Code.
Mr. Duffield seconded the motion which carried as follows:
Q\ AYES: Councilmembers Howe, Taylor, Duffield, Sawyer and Lawler
,1' NAYS: None
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#10 ORDINANCE: The Mayor introudced and read the caption on the
following ordinance:
ORDINANCE NO. 81-L-36
AN ORDINANCE OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE
CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS, BE AMENDED
BY REVISING SECTION 16-38 OF SAID CODE TO AUTHORIZE THE CITY
MANAGER TO APPROVE VARIANCE REQUESTS ON CONSTRUCTION, REPAIR,
ETC. OF SIDEWALKS, CURBS, AND DRIVEWAYS WITHIN THE CITY OF
SCHERTZ; AND BY PROVIDING AN EFFECTIVE DATE.
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Mr. Sawyer moved this ordinance be approved. Mr. Howe seconded the
motion which carried with the following vote:
AYES: Councilmembers Howe, Taylor, Duffield, Sawyer and Lawler
NAYS: None
#11 ORDINANCE: Mayor Stomackin introduced and read the caption
on the following ordinance:
ORDINANCE NO. 81-T-37
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS,
ESTABLISHING AND PROVIDING FOR THE ASSESSMENT AND RENDITION OF
TAXABLE PROPERTY IN THE CITY OF SCHERTZ, TEXAS, COMMENCING WITH
THE CALENDAR YEAR 1982, AND FOR EACH CALENDAR YEAR THEREAFTER;
PROVIDING THAT NO DISCOUNT SHALL BE ALLOWED FOR EARLY PAYMENT
OF CURRENT TAXES NOR SHALL ANY SLIPT TAX PAYMENTS BE ALLOWED ON
CURRENT TAXES; PROVIDING FOR PENALTIES, INTEREST AND COSTS ON
DELIQUENT TAXES; AND REPEALING ORDINANCE NO. 68 OF THE CITY OF
SCHERTZ.
Mr. Howe moved this ordinance be approved. Mrs. Taylor seconded the
motion which carried as follows:
AYES: Councilmembers Howe, Taylor, Duffield, Sawyer and Lawler
NAYS: None
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#12 ZONING CHANGE #33: Mayor Stomackin said he had just received
the recommendations from the Planning and
Zoning Commission and that they had recommended approval of all three
zoning changes.
Mr. Howe moved to approve Zoning Change #33 on the recommendation of the
P&Z Commission. Mr. Sawyer seconded the motion which carried as follows:
AYES: Councilmembers Howe5 Taylor, Duffield, Sawyer and Lawler
NAYS: None
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#13 ZONING CHANGE #34: Mrs. Lawler moved to change from pre-development
to general business the proposal in Zoning
Change #34. Mr. Sawyer seconded the motion which carried as follows:
AYES: Councilmembers Howe, Taylor, Duffield, Sawyer and Lawler
NAYS: None
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#14 ZONING CHANGE #35: Mr. Sawyer moved the land under consideration
in Zoning Change #35 be change from R-2 zoning
to R-4 zoning. Mr. Howe seconded the motion which carried as follows:
AYES: Counci1members Howe, Taylor, Duffield, Sawyer and Lawler
NAYS: None
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#15 EXECUTIVE SESSION: City Attorney Richard Harris asked for an
Executive Session, which the Mayor called
at 7:48 P.M. under Article 6252-17, Section 2 (e).
The meeting was reconvened at 8:10 P.M.
#16 CITY MANAGER1S REPORT: 1. Mr. Gilmore advised Council that our
City Secretary, June Krause, is now
a Certified Municipal Clerk having just received her certification from
the Internal Insittute of Municipal Clerks.
2. He called attention to the letter from the Guadalupe County Appraisal
District in which they ask for names, address and phone numbers of persons
willing to serve on the 1982 Board of Review from this end of the county.
Mr. Howe said that as he was not appointed to the Draft Board, he would
be willing to serve on this Review Board. As more than one name can be
submitted, Council decided to reserve their final decision until the next
regular meeting.
3. Mr. Gilmore reminded Council that on November 10, they have a meeting
with the area City Councils and the School Board at 7:00 P.M. in our Council
Chambers.
4. He also reminded Council that on November 7, the Veterans Council will
be having their annual parade; and with previous permission from the Council,
they will have their picnic in our park.
5. Also the members of the Business Club desire to have a meeti,ng with
Council in January to discuss the 4th of July Jubilee.
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6. The final bids were let on the sewer line with Selma-CCMA-Schertz-
and the developers. The bids were under what was expected, and the
project is looking very good.
7. The U.C. well site renovations are moving right along.
8. Mr. Gilmore said he had talked with two
trial Board and they are trying to schedule
to Schertz to discuss our development team.
plan now.
9. The City Manager said he has had several inquiries on petitions for
legalizing bingo.
people from the State Indus-
time when they can come
They are reviewing our
#17 ITEMS BY COUNCIL: Mr. Howe asked what is causing the overflow
valve problems. Mr. Gilmore advised Staff
does not know if it is cause by vandals oY'i,'what but he has had someone out
to look at it - something has happened to the switoh. Mr. Howe also
mentioned the problems San Antonio is haVing with certain types of
plastic pipe. Mr. Gilmore said we are experiencing similar problems
on the south side of town.
Mrs. Taylor advised that during one of the TML WorkShops, it was brought
up about consent agendas, with some liking them and some not. She would
like for staff to investigate and get more information on this subject.
Mrs. Taylor also said that it seemed to her that Council is going to have
problems in that tonight they approved zoning for some very small apart-
ments. These apartments are to be placed next to another apartment complex,
and less than six months ago Council rejected rezoning on that same
street. Mr. Howe said that is a good point but that out of the public
hearing held tonight, there was no objection and there was before.
Mr. Sawyer said that about eight years ago the area from Pecan to the
end of Live Oak Road was approved for apartments but for some reason it
never got on the maps - the Comprehensive Plan was never adopted.
Mr. Duffield agreed with Mrs. Taylor, saying that Council is going to
be faced with more and more requests for apartment zoning. Council needs
to decide where they want apartments to go in advance of future requests.
The School district has just finished a study on what to do with buildings
they will be vacating with the declining registration. Council needs to
plan on how they are going to approach these problems. Mrs. Lawler said
there was an article in the Seguin paper about the construction of a modular
subdivision. Mr. Duffield reminded Council that industrial development
looks to housing and we do not have any at this time.
Mr. Sawyer asked if a speed check or something could be done about the
speeding cars on Aviation from Randolph to Lindberg. This is a heavy
use street and something needs to be done.
Mrs. Lawler asked if any more study has been done on the computer needs
and updating. Mr. Gilmore said that he is scheduling a trip to Kerrville
next week and has asked someone who knows computers to go aloog. They
have a system that sounds very good with a hand held gadget that will
relay the meter readings directly into the computer. Our computer is
really just a glorified posting machine. Using a better computer that
would not be obsolete in two years would cut computer time by 2/3.
He has talked with our auditors, Randolph Base and other cities about
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computers. Will continue to investigate all possibilities and let Council
know.
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#18 ITEMS BY MAYOR: Mayor Stomackin said he thought the entire city
needs looking at as far as speeders go.
#19 ADJOURNMENT:
On a motion by Mr. Howe, duly seconded and uanaimouslx
carried the meeting was adjourned I
ATTEST:
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REGULAR MEETING OF THE CITY COUNCIL
NOVEMBER 17, 1981
The Schertz City Council convened in Regular Session, Tuesday, November 17,
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; Barbara Taylor;
Earl W. Sawyer and Jacqueline Lawler. Absent: Richard L. Howe and Jeff
Duffield. Staff present were City Manager Jimmy G. Gilmore and City Secre-
tary June G. Krause.
After opening the regular meeting, Mayor Stomackin recessed in order
for the Schertz Board of Adjustment to hold a Public Hearing. He explained
that as he is a member of the BOA, there were four members present which
constitutes a quorum.
The purpose of the public hearing by the BOA was to consider an appeal for
a special exception to operate a Beauty Shop as a Home Occupation at 601
Mitchell Avenue, Schertz, Texas, as requested by Mrs. Louise McKeethen.
Mr. Sawyer said that Mrs. McKeethen was misinformed when she first brought
her request to the City, therefore he felt her request should be granted.
Mrs. Lawler asked if the same restrictions would apply to this request as
other home occupations. She was told they would, then she stated she had
no objection.
Mr. Frank Quesada of 602 Mitchell spoke in favor of the request. He said
that he and his wife used to have a beauty shop right across the street
__ from this residence and there were never any problems.
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