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ccreg 07-21-1981 65 - I 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: ~-~ ~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. 66 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. I i '-- #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. , ~ " -, '" ~ ~7 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 'I #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.. 63 Mrs, tawlermoved to approve this ordinance on final consideration. Mr. Duffield seconded the motion which carried with the following vote: ,,\ , \ \ " t", 1\ 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: ~ \\ r\. 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. . 69 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. ,- #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 i~ih/;L ~ ATTEST: i,a1or, City o~Sthertz, Texas ~ CYLUvlJ. { 1ikn ~ ~ / C~tary, City-of Schertz