ccreg 10-07-1980
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REGULAR MEETING OF THE CITY COUNCIL
OCTOBER 7, 1980
The Schertz City Council convened in Regular Session, Tuesday, October 7,
1980 at 7:00 P.M. in the Council Chambers, 1400 Live Oak Road with the follow-
ing members present: Mayor Pro Tem Richard L. Howe, presiding; Jeff Duffield;
Barbara Taylor; Earl W. Sawyer and Jacqueline Lawler. Absent: Mayor Jack M.
Stomackin, Sr.. Staff: City Manager Jimmy G. Gilmore and City Secretary June
G. Krause and City Attorney Richard W. Harris.
#1 COUNTY GOVERNMENT: Mayor Pro Tem Howe asked to pass this item tempor-
arily as the Judge had not arrived.
#2 APPROVAL OF MINUTES: A. Mrs. Lawler moved the regular meeting minutes
of September 16, 1980 be accepted as written.
Mr. Duffield seconded the motion which carried as follows:
AYES: Councilmembers Duffield, Taylor, Sawyer and Lawler
NAYS: None
B. Mr. Sawyer moved the minutes of the Special Session of September 26th,
1980 be approved. Mrs. Taylor seconded the motion which carried as follows:
AYES: Councilmembers Duffield, Taylor, Sawyer and Lawler
NAYS: None
C. Mr. Sawyer moved the minutes of the Special Sesison of October 2, 1980
be approved. Mr. Duffield seconded the motion which carried as follows:
AYES: Council members Duffield, Taylor, Sawyer and Lawler
NAYS: None
Before proceeding with the meeting, Mr. Howe made the statement that the
Mayor was out of the hospital and at home under the Doctor's care.
As Judge Fleming had arrived, Mr. Howe returned to item #1 on County Government.
He introduced Guadalupe County Judge Joe B. Fleming, who addressed the Council.
He started by giving a brief definition of a County as opposed to City Govern-
ment. He explained that within a few months County residents will be faced
with a bond issue for hospital expansion, these bonds to be paid for with
additional taxes. Mr. Richy will speak to the Council later this month and
expand this subject.
Judge Fleming then address the problem of redistricting and the difficulty
of arriving at districts of equality. He repeatedly tied roads into the re-
districting problems, even after being questioned as to why roads rather than
by population. He said he had suggested a unit system but the Commissioners
voted it down.
He then touched on the crime rate, saying Guadalupe County had more crime
than other four counties combined. He briefly discussed such items as EMS
Service, Revenue Sharing, public library and the county budget. There was
a short question and answer period following his statements, after which
Mr. Howe thanked the Judge for addressing the Council.
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#3 HEARING OF RESIDENTS: Mr. Hal Baldwin requested time on Item #7
and Mr. J. Norman requested time for Item #4.
Mr. Steven Webster,of 1029r'Richmdnd Drive, read a prepared statement
he entitled "Redress" concerning the present controversy over a recall
petition being circulated in the City.
Mr. Vester L. Cobb, 5214 Plaza Drive, along with a large number of residents
of Mobile Villa addressed the Council concerning the huge water bills they
are receiving. The City charges through a master meter and these people
are billed from a private owner. The bills are not understandable and
seem to have errors each month. They were asking the City to intercede
for them with the water system owner as they have not had any luck talking
to him. Mr. Gilmore said he not only had discussed these water bills with
the individual citizens but had called the Public Utility Commission, who
are looking into the situation. Mr. Gilmore said he would continue to work
with these people to help solve their problem. Some of the citizens of
Mobile Villa said they had been told Mr. Swinbroad (the water system owner)
was selling the system as of the 1st of November.
When questioned by Mrs. Taylor, the City Attorney said that the City could
have something in the new contract to the effect that the City have the right
to review their water rates.
#4 PUBLIC HEARING: The Mayor Pro Tem opened the public hearing at
7:42 P.M. and gave the purpose of the public hearing as allowing citizens
to be heard pursuant to the proposed annexation of 177.7 acres more or less
out of Comal County. Mr. Gilmore pointed out on the map the location of
the property proposed for annexation, which is along 135, 750 feet on either
side, from Friesenhahn Road to Schwab Road. Mr. Gilmore pointed out the
reason for the proposal is to contro.l commercial businesses on I 35. He
also said that if the land is currently being used for agricultural purposes
and was not sold, it could continue in that category until it was sold.
Mr. Norman and his brother Dr. Norman, who also represented their two sisters
and father, wanted to voice their objections to the proposed annexation.
They contend they do' not need police or fire protection and since they would
not be getting water service, they did not feel they should be taxed.
There being no further discussion, Mr. Howe declared the public hearing
closed at 8:20 P.M.
#5 GARBAGE CONTRACT: Mr. Gilmore explained that two bids were received
with representatives from both Gutierrez Disposals,
and the Garbage Gobbler at the bid opening. The Council were presented copies
of both bids, which showed a beginning residential rate of $4.68 from Gutierrez
and $5.59'from Garbage Gobbler. He also said that having investigated the
State requirements of both firms, he recommended awarding the bid to Gutierrez
Disposals, the low bidder.
After brief discussion, Mr. Sawyer moved the garbage contract be awarded
to Mr. Gutierrez on the basis of the low bid. Mrs. Lawler seconded the
motion which carried with the following vote:
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AYES: Councilmembers Duffield, Taylor, Sawyer and Lawler
NAYS: None
1 #6 CABLEVISION CHARTER: Mr. Gilmore said that our representative
Mr. Gene Ri 1 ey, had discussed with the Counci 1
his thinking on the Randolph Region Cablevision Advisory Board charter.
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Mr. Sawyer moved that this charter of the Randolph Region Cable Television
Access Advisory Board be approved. Mrs. Taylor seconded the motion which
carried with the following vote:
AYES: Councilmembers Duffield, Taylor, Sawyer and Lawler
NAYS: None
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#7 ORDINANCE: Mr. Howe introduced an ordinance levying and assessing
all taxable property of the City of Schertz for year
1980. He then turned the floor over to Mr. Hal Baldwin of 705 Brooks Avenue
who had requested to speak on this item.
Mr. Baldwin spoke on the revenue portion of the budget, saying that he felt
several items were under budgeted and explained his feelings as to why he
felt this way. He suggested that if these items; namely the sales tax,
Municipal Court and Swimming Pool revenues, were increased perhaps the tax
rate would not have to be the full $1.00 per $100 valuation as proposed.
Mr. Gilmore explained his reasoning behind the proposed figures in the budget.
The City Manager then read the caption of the ordinance as follows:
ORDINANCE NO. 80-T-22
M~ ORDINANCE LEVYING AND ASSESSING ALL TAXABLE PROPERTY WITHIN
THE CORPORATE LIMITS OF THE CITY OF SCHERTZ, TEXAS, FOR THE
YEAR 1980, PROVIDING THE BASIS OF ASSESSMENT OF 65% APPRAISED
VALUE AND PROVIDING FOR THE COLLECTION THEREOF AT THE RATE OF
$1.00 ON THE ONE HUNDRED DOLLAR ($100.00) ASSESSED VALUATION
AND DECLARING AN EMERGENCY.
Mrs. Taylor moved this ordinance be accepted as read. Mr. Sawyer seconded
the motion which carried as follows:
AYES: Councilmembers Duffield, Taylor, Sawyer, and Lawler
NAYS: Mr. Howe
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#8 APPOINTMENT: Mr. Howe introduced a request of the Housing Authority
for the appointment of a new member to their Board
of Commissioners.
Mr. Sawyer moved that Mr. Robert Pollentier be appointed to take Mr. Lee's
place on the Housing Authority Board of Commissioners. Mrs. Lawler seconded
the motion which carried with the following vote:
AYES: Councilmembers Duffield, Taylor, Sawyer and Lawler
NAYS: None
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#9 MEETING DATE CHANGE: Mr. Howe explained that the regular meeting
date of October 21st should perhaps be
changed as two members of the Council would be out of town on that date.
Mr. Sawyer moved that the City Council Regular Meeting of October 21st
be changed to the 27th of October. Mrs. Taylor seconded the motion which
carried with the following vote:
AYES: Councilmembers Duffield, Taylor, Sawyer and Lawler
NAYS: None
#10 RESIGNATION: Mr. Sawyer moved that Mrs. Bobbie Kochis resignation
from the Personal Board be accepted and that the City
send her a letter of thanks for a job well done in the past and also send a
letter to Mr. Lee. Mr. Duffield seconded the motion which carried with the
following vote:
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AYES: Council members Duffield, Taylor, Sawyer and Lawler
NAYS: None
#lO-A ORDINANCE: Mayor Pro Tem Howe introduced the following captioned
ordinance with Mr. Gilmore reading the caption.
ORDINANCE NO. 80-A-23
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 3 ACRES OF LAND MORE OR LESS OUT
OF GUADALUPE COUNTY.
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Mr. Sawyer moved this land be disannexaed by the City. Mrs. Lawler
seconded the motion.
Mrs. Taylor said that the P&Z, IDC and City Staff have put ai'greatdealof
effort into getting business and commercial industries to come into the
City and that this may well be the most important dicision,'the'Counctl will
make this year.
Mr. Howe asked if any progress had been made with this company and Mr.
Gilmore said they are ready to go into the planning stage immediately if
they get a favorable decision tonight.
Mr. Duffield said he was still concerned about construction controls and
if this would be a precedent setting. Mr. Harris said it would not be
a precedent setting situation and that he could see nothing wrong with
making reasonable building requirements in the future contracts.
Mr. Howe then called for a vote on the motion before the Council, which
motion carried as follows:
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AYES: Councilmembers Duffield, Taylor, Sawyer and Lawler
NAYS: None
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#11 EXECUTIVE SESSION: None was needed
#12 CITY MANAGER'S REPORT: A. Mr. Gilmore said that he, Mr. Dovey
(the IDC Representative from Staff) talked with the Industrial Development
Commission in Austin and they have several programs that they will present
to our IDC and City Council. They do recommend that we go to Austin for
these presentations because all their materials are available to them there.
This presentation would have to be during working hours Monday through Friday.
B. He also called attention to the P&Z request for aerial photos for their
use. Mr. Howe said that a friend of his from Tobin Aerial Surveys had pro-
mised him some aerials and he would contact him to see if the City could
have or purchase some.
C. Mr. Gilmore also brought up the problems of getting the Council packets
delivered by the patrolmen. Mr. Howe, with the concurrence of the Council,
said these packets could be left with the dispatcher and each Councilmember
could pick up his own packet there.
D. The City Manager also reminded the Council they are invited to the P&Z
meeting of October 14th at 7:00 P.M. when the representatives from U.S. Homes
will present a slide showing of their proposal for the new unit they are
anticipating building in Northcliffe.
E. The Bike-a-thon is scheduled for 9:00 A.M. Saturday and they have assured
Mr. Gilmore that they will be responsible for the insurance on liability.
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F. He also asked if the Council wanted to consider water rates and bonding
at their workshop meeting on October 20th and received an affirmative reply.
#13 ITEMS BY MAYOR: Mr. Howe said a citizen had asked him why, when
he always keeps up his alley, the next day the
City comes by and mows it again. Mr. Gilmore was to check this out.
Mr. Howe also said he had been contacted concerning some land within the
City that could be bringing in as much as $150,000 a year in sales tax. He
would know something more definite real soon.
#14 ITEMS BY COUNCIL: Mrs. Taylor asked the status of the wood
industry and Mr. Gilmore said they have cleared
the land and are getting started.
Mr. Duffield asked if the Council could schedule a discussion on the guide
lines for the IDC at the next workshop session as they need to get started.
Mr. Sawyer called attention to the report from the Alcohol ~buse people and
it looks like they are off to a good start and will make a verbal report at
the next Council meeting.
ATTEn,.~
Ci t~;~eta ry
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On a motion by Mr. Sawyer, seconded by Mrs. Taylor
and unanimously carried, the meeting adjourned at
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?ayor Pro Tern, Cl ty or Schertz, Texas
#15 ADJOURNMENT:
9:21 P.M.