ccreg 07-21-1981
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D. Council briefly discussed the Tuesday night agenda item pertaining to
BB guns etc. and concensus was to table this item for six months.
E. Mr. Sawyer discussed the 4th of July Jubilee - the very young drinking
beer, the difference in the cre~ from what was originally planned and the
fact that only $600 is budgeted and it is now costing between $2,000 and
$3,000 each year. Either the correct amount should be budgeted or the Council
should consider going back to the old fashioned type of celebration where
the entire family gets involved from small children to senior citizens and
perhaps changing from the 4th of July to another time of year and calling
it Schertz Day or something similar. In other words have an old fashioned
Field Day.
#3 ADJOURNMENT: There being no further discussion, Mr. Howe moved,
Mr. Sawyer seconded and it was unanimously carried
that the meeting be adjourned at 9:51 p.m.
ATTEST:
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~ecretary, City of Schertz
REGULAR MEETING OF THE CITY COUNCIL
JULY 21, 1981
The Schertz City Council convened in Regular Session, Tuesday, July 21, 1981
at 7:00 P.M. in the Council Chambers, 1400 Live Oak Road, with the following
members present: Mayor Jack M. Stomackin, presiding; Richard L. Howe; Jeff
Duffield, Barbara Taylor, Earl W. Sawyer and Jacqueline Lawler. Staff were
City Manager Jimmy G. Gilmore and City Secretary June G. Krause.
#1 PUBLIC HEARING: The Mayor opened the public zoning hearing and
welcomed those present remarking it as a very good
representation and asking them to come more often. He then turned the Joint
Public Zon~ng Hearing over to Mr. Linebarger, Chairman of the Planning and
Zoning Commission.
Mr. Linebarger said the purpose of the public hearing was to receive citizen
input regarding the rezoning request by Leslie, David and Stephan Baker, to
change from Pre-development to General Business District, 54.25 acres out of
the Malpaz Survey, located along FM1518, being in the general location across
from the Schertz City Park as abutts FM 1518.
First Mr. Baker spoke, stating that he anticipates in the future using this
property for something such as convenience store or apartments on the upper
portion. Perhaps sometime in the future the lower portion which is in the
flood plain could be donated to the City for more parkland. He is asking
for the rezoning in order to re~el~ the property not to build himself.
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Mr. Stanhope of the P&Z asked what type of apartments were being considered
and Mr. Baker then said that he did not know as he would sell the land.
Mr. Gilmore then asked if he wanted it rezoned in order for them to sell
the property and Mr. Baker said right.
Chairman Linebarger asked if anyone in the audience had any questions or
comments, reminding them this was the last chance they would have to be
heard.
Mrs. Busch asked if anyone could build over the pipeline and she was told
no, they could not.
There being no other citizen wishing to comment, Chairman Linebarger declared
the Public Hearing closed at 7:05 P.M.
Before preceding with the regular agenda, Mayor Stomackin asked two SAFES
volunteers to come forward, saying he was very proud to present plaques to
theset~~ fine volunteers - Rumaldo Rodriguez II and Joseph Funk. They
are the first two SAFES volunteers to complete the Paramedic course. They
completed the final testing by the Health Science Center at the University
of Texas San Antonio and the Texas Department of Health, with a class
standing of 2nd and 3rd in a class of 50. Prior to entering the paramedic
course they were required to have completed 482 hours of EMS training. This
portion consisted of another 280 hours - 130 hours classroom and 80 hours
working in various hospital departments, and 70 hours riding with an ad-
vanced life support EMS unit. Included was a 12 hour session of repelling
and cave rescue at Cascade Caverns.
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#2 APPROVAL OF MINUTES: Mrs. Lawler moved to approve the minutes
of the regular meeting of July 6, 1981.
Mr. Howe seconded the motion which carried with the following vote:
All Councilmembers present voted AYE.
#3 HEARING OF RESIDENTS: Pat Meyers of Mobile Villa Estates showed
Council several papers concerning the
meters in their subdivision, whereby the lot owners bought their own meters
and now the owner of the water system has sent out memos stating that he
owns the meters. They are wanting to know what the City can or will do about
this, since the owner said he bought the meters at the time of the land and
water system acquisition. The City t4anager said that not being a lawyer
he could not say who owns them and suggested that since this is a civil
matter, they contact a lawyer and pursue through him/her. He also explained
about the water rates being raised in that the owner had filed with the
Public Utility Commission and got approval and then came to the City Council
for approval. With Austin being a higher authority, the City cannot inter-
vene; however, if he raises the rates again, we would intervene with Austin
in their behalf.
Mrs. Heller asked if there was any way the City could by-pass the owners'
water lines so they could get water direct from the city. Then Mrs. Kaby
asked if the City took over the water system, would the City consider the
meters as belonging to the City.
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Mr. Gilmore explained that the City would either have to buyout the present
owner or install all new lines, which is a large outlay of money. He also
said if the City did have the system, the meters would be owned by the City.
Several people said they wouldn't mind, if they could just get water directly
and be billed by the City.
Mayor Stomackin said the matter would definitely be looked into.
#4 SENIOR CITIZENS: Mrs. Rita Sabo reported on a recent convention
of Senior Citizens she attended which included
Federal, State and local representatives. Out of the 900 attending, she
was the only one that volunteered for no pay.After her presentation, she
said she would like to have a committee set up of 3 or 4 senior citizens,
Council representative and any others Council deemed necessary. This
committee would plan a once a year Senior Citizen Day affair. Mr. Gilmore
asked if Rita Sabo would organize the committe then give him a call and
come down and discuss it with him. Council had briefly discussed something
along this line recently.
Mrs. Sabo also said that if there was anything the senior citizens could do
for the City, such as filing, just to call her and she would see that someone
would be there to help.
#5 ORDINANCE: Mayor Stomackin introduced and read the caption of
the following ordinance:
ORDINANCE NO. 8l-L-~1
AN ORDINANCE PROVIDING FOR AN ANNUAL LICENSE FEE FROM THE HOLDERS
OF RETAIL BEER DEALER ON-PREMISES LICENSE, A RETAIL BEER DEALER
OFF-PREMISES LICENSE, A PACKAGE STORE PERMIT, A WINE ONLY PERMIT,
A WINE AND BEER RETAILERS PERMIT, A WINE AND BEER RETAILERS OFF-
PREMISES PERMIT, A LATE-HOUR PERMIT OR LICENSE, AND A MIXED BEVERAGE
PERMIT, AS PROVIDED BY HOUSE BILL NO. 77, DESIGNATED AS TEXAS
LIQUOR CONTROL ACT, AS ADOPTED BY THE FORTY-FOURTH LEGISLATURE
OF THE STATE OF TEXAS AT ITS SECOND SESSION, AS HAS BEEN AMENDED,
PROVIDING A SAVING CLAUSE; PROVIDING A PENALTY; AND PROVIDING A
REPEALING CLAUSE.
Mrs. Lawler moved this ordinance be passed on the final reading. Mrs.
Taylor seconded the motion which carried with the following vote:
AYES: Councilmembers Howe, Taylor, Duffield, Sawyer and Lawler
NAYS: None
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#6 ORDINANCE: The Mayor introduced and read the caption of the
ordinance on late-hour permits as follows:
ORDINANCE NO. 81-L-Je
AN ORDINANCE ADOPTING THE PROVISIONS OF ACTS 1969, 61ST LEGIS-
LATURE REGULAR SESSION, CHAPTER 466, PAGE 1535, AMENDING THE
TEXAS LIQUOR CONTROL ACT, PERTAINING TO EXTENDED HOURS FOR
LAWFUL SALE, POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES,
TO GRANT TO RETAIL DEALERS ON-PREMISES LATE HOURS LICENSES,
PRIVATE CLUB LATE HOUR PERMITS, AND TO CONSUMERS OF ALCOHOLIC
BEVERAGES THE RIGHTS AND PRIVILEGES PROVIDED FOR IN SUCH AMENDMENTS
TO THE TEXAS LIQUOR CONTROL ACT, AND TO ESTABLISH A FEE FOR THE
ISSUANCE OF STATED LICENSE AND PERMIT; PROVIDING A PENALTY; AND
PROVIDING A REPEALING CLAUSE..
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Mrs, tawlermoved to approve this ordinance on final consideration.
Mr. Duffield seconded the motion which carried with the following vote:
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AYES: Councilmembers Howe, Taylor, Duffield,and Lawler
NAYS: None
Temporarily absent and note voting: Mr. Sawyer
#7 ORDINANCE: The Mayor introduced an ordinance regulating guns
that discharge bullets, pellets or BBs by any means.
Mr. Howe moved to remove this item from the agenda. Mr. Sawyer seconded
the motion which carried with the following vote:
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AYES: Councilmembers Howe, Taylor, Duffield, Sawyer and Lawler
NAYS: None
#7-A PLANNING AND ZONING RECOMMENDATION: Mayor Stomackin advised
this item concerned a
rezoning request by Mr. Odo Riedel to change from R-2 to R-4 zoning of the
first 508 feet from Pfeil Street out of G. Malpaz Survey #67 and out of
the Koch Addition, Lots 13-16, Block 6. He then read the recommendations
of the Planning and Zoning Commission as follows: "After due consideration,
there was a vote by the P&Z Commission of three against, and two for the re-
zoning request. Therefore, the P&Z recommends disapproval of the request
submitted by Mr. Odo Riedel." The four reasons given were: (1) existing
R-2 zoning is considered appropriate. (2) Concern for traffic that would
be generated around the elementary school. (3) concern that rezoning would
cause a concentration of apartments in that particular area. and (4)
consideration of the comments provided by property owners adjacent to
the property being considered for rezoning. Mayor Stomackin said some
of the reasons are not justified in his opinion, such as traffic problems.
Mr. Howe said he still has problems in his mind since the last time this
came up the P&Z approved it and the Council denied and this time the P&Z
has reversed their recommendations.
Mrs. Taylor said to her the issue does not always seem to be what is being
asked but that personalities get involved. The Council needs to consider
on the basis of what is best for the City as a whole.
Mr. Duffield said we got off base at the public hearing as to what would
go there and not the proper zoning.
Mr. Sawyer said he still felt there would be too many people going into that
small an area and his main concern was for the safety of the children.
Mrs. Taylor then moved the Council approve Mr. Riedel IS request for rezoning
of a parcel of land based on the 3 to 2 vote of the P&Z. Mr. Duffield
seconded the motion, with the following votes being cast:
~\ AYES: Councilmembers Howe, Taylor and Duffield
~~~ NAYS: Sawyer and Lawler
Mayor Stomackin declared the motion defeated as the State Statutes requires
a 4 to 1 vote for passage if at least 20% of the people in the are~ peti- i
tioned against the request, which they did.
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Mr. RiRd1e then asked to speak. He expressed his di~appointment at the
result of the voting, giving several reasons he felt that way about it.
r-- Toward the end of his lengthy speach he said that starting the next morning
I he would sell all his junk refrigerators etc. from that lot, or he would let
it grow up in weeds so the City could send him a letter once a year to cut it.
#8 EXECUTIVE SESSION: None needed.
#9 CITY MANAGER'S REPORT: Mr. Gilmore presented a proposed newsletter
and received approval with the addition of
the date of the budget public hearing.
He announced the County would be holding their public hearing on Revenue
Sharing at 2:00 P.M. on July 27, 1981, at the Courthouse in Seguin.
He very proudly announced that the branch office of the County Tax Assessor/
was opened the previous day with a steady line of citizens to renew or re-
ceive initial license tags. The first week, they will be open four days
and then Monday and Tuesday of the next weeks unless the participation
demands more days are needed.
He also advised that staff were working on a street sweeper schedule and as
soon as refined, it would be published.
He announced that the past weekend the State Girls Softball Tournament was
very successful with everything turning out just beautifully. Two of the
local BVYA teams came in 1st and 2nd out of a'total of 5 teams playing.
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#10 ITEMS BY COUNCIL: Mrs. Taylor congratulated again the two men
that attained paramedic status.
Mr. Duffield said the discussion on zoning request indicates the need to
look again at the guide for the best place to put apartments; perhaps
having an ordinance showing the master plan development showing zoning.
#11 ITEMS BY MAYOR: The Mayor relinquished his time to Mr. Moon,
who requested to speak to the Council concerning
the closing of the Cibolo Valley Alcohol and Drug Abuse Center. The Mayor
interrupted him by saying this subject in incomplete at the present time
and would he please stop by the office of the City Manager and discuss this
with him.
Mr. Rick Troberman also spoke regarding the rezoning request, saying he
was a departing citizen but thanked the two Council people who stood their
ground over a three year period.
8:10 P.M.
#12 ADJOURNMENT: On a motion by Mrs. Lawler, seconded
and unanimously carr,ied, the meeting
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ATTEST: i,a1or, City o~Sthertz, Texas ~
CYLUvlJ. { 1ikn ~ ~ /
C~tary, City-of Schertz