ccreg 12-02-1980
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REGULAR MEETING OF THE CITY COUNCIL
DECEMBER 2, 1980
The Schertz City Council convened in Regular Session, Tuesday, December 2,
1980 at 7:00 P.M. in the Council Chambers, 1400 Live Oak Road with the follow-
ing members present: Mayor Jack M. Stomackin, presiding; Jeff Duffield, Bar-
bara Taylor; Richard L. Howe; Earl W. Sawyer and Jacqueline Lawler. Staff
City Manager Jimmy G. Gilmore, City Attorney Richard W. Harris and City Sec-
retary June G. Krause.
#1 APPROVAL OF MINUTES: A. Mr. Sawyer moved the Workshop minutes of
November 17, 1980 be approved. Mrs. Lawler
seconded the motion which carried with the following vote:
AYES: Councilmembers Duffield, Taylor, Howe, Sawyer and Lawler
NAYS: None
B. Mrs. Lawler moved to accept the minutes of the Regular Session of November
18, 1980 as written. Mr. Howe seconded the motion which carried with the
following vote:
AYES: Councilmembers Duffield, Taylor, Howe, Sawyer and Lawler
NAYS: None
C. Mr. Sawyer moved the minutes of the Workshop session of November 25, 1980
be approved. Mrs. Lawler seconded the motion which carried as follows:
AYES: Councilmembers Duffield, Taylor, Howe, Sawyer and Lawler
NAYS: None
#2 HEARING OF RESIDENTS: Mr. Willman asked the status of selling license
tags in Schertz and the Mayor told him it would
be after the first of the year and would be advertised in the local papers.
#3 POLICE RESERVE: Mayor Stomackin asked Chief Schoonover to come
forward and introduce the men he was presenting for
appointment to the reserves. The Chief of Police introduced William A. Williams
III and Don R. Janysek, giving the background information on each.
Mrs. Lawler moved to accept these two men and appoint them as police reserves.
Mr. Howe seconded the motion which carried as follows:
AYES: Councilmembers Duffield, Taylor, Howe, Sawyer and Lawler
NAYS: None
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#4 CHARTER REVIEW COMMITTEE: Mr. Thomas Joyner, Chairman of the Charter
Review Committee, presented the committee's
recommendations for changes to the city charter and answered questions from the
Council concerning their recommendations.
Mr. Joyner then thanked his committee members for their deligent work, stating
that not one member missed a meeting during their tenure. He especially thanked
Mr. Lawler for his input as a citizen.
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Mr. Howe then moved to dismiss the Charter Review Committee and then the
Council would go over the recommendations at their next Workshop after
the City Attorney gives his opinion of the recommendations. Mrs. Lawler
seconded the motion which carried as follows:
AYES: Councilmembers Duffield, Taylor, Howe, Sawyer and Lawler
NAYS: None
#5 ORDINANCE: The Mayor introduced an ordinance on room occupancy tax
and read the caption as follows:
AN ORDINANCE
PROVIDING FOR THE ASSESSMENT AND COLLECTION OF A ROOM OCCUPANCY
TAX; PROVIDING FOR THE USE OF THESE TAXES RECEIVED; PROVIDING
A SAVING CLAUSE; PROVIDING A PENALTY; AND PROVIDING A REPEALING
CLAUSE.
Mrs Lawler moved to accept the final reading of this ordinance. Mr. Duffield
seconded the motion.
Mr. Howe asked if the City Attorney had reviewed the ordinance and was told
he had not.
After discussion and the Attorney saying he could review the ordinance
immediately, Mrs. Lawler withdrew her motion and Mr. Duffield withdrew his
second and this item was passed temporarily.
#6 ORDINANCE: Mayor Stomackin introduced an ordinance providing
standby authorization for water conservation and water
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emergency.
Before reading the caption, Mr. Duffield moved this ordinance be tabled
and discussed at the next workshop session of the Council. Mr. Howe
seconded the motion which carried as follows:
AYES: Councilmembers Duffield, Taylor, Howe, Sawyer and Lawler
NAYS: None
#7 RESOLUTION: Mayor Stomackin introduced a resolution setting a public
hearing on annexation and read the caption as follows:
RESOLUTION NO. 80-R-9
A. RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS,
SETTING A TIME, DATE AND PLACE FOR A PUBLIC HEARING PURSUANT TO
THE PROPOSED ANNEXATION OF 124.5 ACRES OF LAND MORE OR LESS OUT
OF THE J.F. ZEPEDA AND THE RAFAEL GARZA SURVEYS IN THE COUNTY OF
COMAL.
Mr. Howe moved this resolution setting a public hearing for January 6th,
1981 be approved. Mrs. Taylor seconded the motion which carried as follows:
AYES: Councilmembers Duffiedl, Taylor, Howe, Sawyer and Lawler
NAYS: None
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#8 P&Z RECOMMENDATIONS: A. Mr. Sawyer moved that tract lC-27 be
rezoned from PO to Industrial, M-l.
Mr. Howe seconded the motion which carried as follows:
AYES: Councilmembers Duffield, Taylor, Howe, Sawyer and Lawler
NAYS: None
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B. Mr. Howe moved that tract ZC-28 - approximately 3 acres located on FM 2252,
adjacent to the MKT railroad track be rezoned from PD to Industrial, M-l.
Mr. Duffield seconded the motion which carried with the following vote:
AYES: Council members Duffi e ld, Taylor, Howe, Sawyer and Lawl er
NAYS: None
#9 EXECUTIVE SESSION: None necessary at this time.
#10 POLICE CHIEF REPORT: Chief Schoonover addressed the Council concern-
ing the junked and abandoned vehicle restrictions.
He explained the Abandoned Vehicle Act was passed by the Legislature in 1961
and was put into ordinance form by the City in 1975. He stated that this
ordinance is enforced, that an abondoned vehicle is defined as one without
valid registration and license plates or in unsafe or unhealthy status. He
said that he personally thought it a good ordinance, an officer goes out and
verifies the registration and the people are given 10 days to correct the
violation. If it is moved or corrected, then the ticket is dismissed. On
being questioned by Council, Attorney Harris confirmed the Chief's statement
that an officer can go on a citizen1s property to verify information needed,
that there is a vast difference in going on property and going into a home.
Chief Schoonover said his department bends over backwards to work with citizens
on ordinances of this nature.
Mayor Stomackin asked to return to item No. 5 at this time.
#5 ORDINANCE: Mr. Harris having reviewed the ordinance said it was
well written ordinance. Mayor Stomackin read the caption
of the ordinance as follows:
ORDINANCE NO. 80-M-27
AN ORDINANCE PROVIDING FOR'THE ASSESSMENT AND COLLECTION OF A
ROOM OCCUPANCY TAX; PROVIDING FOR THE USE OF THESE TAXES RE-
CEIVED; PROVIDING A SAVING CLAUSE; PROVIDING A PENALTY; AND
PROVIDING A REPEALING CLAUSE.
Mr. Lawler moved to accept the final reading of this ordinance providing a
room occupancy tax. Mr. Howe seconded the motion which carried with the
fo 11 owi ng vote:
AYES: Councilmembers Duffield, Taylor, Howe, Sawyer and Lawler
NAYS: None
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r-- #11 CITY MANAGER'S REPORT: Mr. Gilmore commented on the following items:
(1) comparative analysis of permits of this
year and 1979; (2) answers to some questions posed by the Humane Society
which the Council had discussed previously (3) he had received reply to his
letter to the railroad company with complaints on the tracks, speed of trains,
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etc. He also said a meeting of the area cities and representatives of
the railroad company has been set for Tuesday, December 16, 1980 at 8:00
P.M.. He also reminded Council of upcoming events such as the Firemen's
Party on the 13th of December at the VFW Hall, the 3rd Annual Tree Lighting
and Trimming program at the Municipal Complex on December 11 at 6:00 P.M.;
the meeting with the IDC in Austin on the 3rd; !,and his Christmas party for
employees on the 20th to be held at Buffalo Country.
#12 ITEMS BY COUNCIL: Mrs. Taylor said she had another complaint
about the sewer situation on Valley Oak and
ask if there was anything that could be done to relieve this situation on
a long-term basis. Mr. Gilmore explai~ed that although Council had agreed
to completely redo this area, the bi<;1s had been exceeding high and he is
trying to get new bids at a more reasonable price, hopefully this month.
Mr. Howe thanked the citizens, charter review members and staff for a job
well done. He also reminded everyone to watch the papers and attend the
school tax rate hearing.
#13 ITEMS BY MAYOR: Mayor Stomackin reported on a meeting he and the
City Manager had with County Judge Fleming. They
are setting a January date for the bond election on the hospital addition
bonds and the Mayor urged all citizens to spread the word and get out and
vote.
At this point a citizen asked if the City had an ordinance regulating what
type merchandise an ice house could sell. He mentioned one that was selling
dope paraphenalia and pornographic materials. The Chief of Police said
his organization had sent a resolution to the Governor to pass law regulating
sale of this type materials. He personally will have his department patrol
this area talk with the manager about this. He suggested not patronizing
such establishments, that the power was with the citizens.
#14 ADJOURNMENT: On a motion by Mr. Howe, duly seconded and
carried the meeting adjourned at 8:36 P.M
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Mayor, Cit~~f.Schertz/, Te~as
ATTEST:
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L~ecretary, City-6f Schertz
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