ccreg-08-07-1979
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REGULAR MEETING OF THE CITY COUNCIL
AUGUST 7, 1979
The Schertz City Council convened in Regular Session, Tuesday, August 7,
1979 at 7:00 P.M. in the Council Chambers, 1400 Live Oak Road with the
following members present: Mayor Robert C. Bueker, presiding; Gail Hyatt;
Earl W. Sawyer and Jack M. Stomackin, Sr. Absent: Councimembers Richard L.
Howe and Walter F. Schneider. Staff present Acting City Manager Hal Baldwin
and City Attorney Richard L. Harris and City Secretary June Krause.
11 APPROVAL OF MINUTES: A. Mr. Stomackin moved to approve the minutes
of the Regular meeting of July 17, 1979
as presented. Mrs. Hyatt seconded the motion which carried with the following
vote:
AYES: Councilmembers Hyatt, Sawyer and Stomackin
NAYS: None
B. Mr. Sawyer moved to accept the minutes of the Special Session of July 24, 1979.
Mrs. Hyatt seconded the motion which carried as follows:
AYES: Councilmembers Hyatt, Sawyer and Stomackin
NAYS: None
C. Mrs. Hyatt moved to accept the minutes of the Special Session of July 31,
1979 as written. Mr. Sawyer seconded the motion which carried as follows:
AYES: Councilmembers Hyatt, Sawyer and Stomackin
NAYS: None
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#2 HEARING OF RESIDENTS: Mr. Darwin Peek reserved time for item #6
and Mr. Don Grainger reserved time for Item #14.
#3 APPROPRIATION TRANSFERS: After Council discussion and consideration,
Mr. Sawyer moved to approve the appropriation
transfers in the 1978-79 Budget as presented by the City Manager Walter Hill.
Mrs. Hyatt seconded the motion which carried with the following vote:
AYES: Councilmembers Hyatt, Schneider, and Stomackin
NAYS: None
#4 RESOLUTION: The Mayor introduced the following captioned resolution
with Mr. Baldwin reading the caption.
Mrs. Hyatt moved to adopt the resolution as presented. Mr. Sawyer seconded
the motion which carried with the following vote:
IJtJ.'1~
AYES: Council members Hyatt, Sawyer and Stomackin
NAYS: None
RESOLUTION NO. 79-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
ADOPTION OF A BUDGET FOR FISCAL YEAR 1979-80.
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#5 PAYMENT AUTHORIZATION: Mayor Bueker presented a request for payment
for the seal coating work, saying that he
felt they did an excellent job.
Mr. Stomackin moved to authorize payment to Clark Construction Company, in the
amount of $33,250.00, for seal coating work after ascertaining that the-areas
would be swept of loose gravel. Mrs. Hyatt seconded the motion which carried
with the following vote:
AYES: Councilmembers Hyatt, Sawyer and Stomackin
NAYS: None
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#6 WATER SERVICE REQUEST: The Mayor explained this is a request by Mr.
Darwin Peek for water service and explained'
that Mr. Peek had requested and been granted water in December of 1977.
Mr. Peek explained that at that time the expense made it unfeasable to put in
the line but with the water line down Live Oak Road, he felt he could put it
in using this route. He also said there were two residences on Maske Road
along the proposed route who would probably want water service. When asked
by the Mayor if he felt the 2" line would give him and the other services
sufficient pressure, Mr. Peek said that although it might be less that the
major part of Schertz, he felt it would be sufficient.
There was discussion about this area being in a possible annexation schedule
but Mr. Peek said he would rather go ahead with the line at this time.
Mrs. Hyatt moved to grant this request for city water service to the Peek
residence and others for household use, not agriculture. Mr. Stomackin
seconded the motion which carried with the following vote:
AYES: Councilmembers Hyatt, Sawyer and Stomackin.
NAYS: None
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#7 RESOLUTION: Acting City Manager Baldwin showed on the map the location
,of the proposed annexation in this resolution, after it
was introduced by Mayer Bueker. Mr. Baldwin then read the resolution.
Mr. Sawyer moved th1s resolution be adopted. Mrs. Hyatt seconded the motion
which carried with the following vote:
AYES: Councilmembers Hyatt, Sawyer and Stomackin
NAYS: None
1~3'?~
RESOLUTION NO. 79-R-10
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 APPROXIMATELY 300 ACRES OUT OF GUADA-
LUPE AND COMAL COUNTIES.
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#8 RESOLUTION: The Mayor introduced the following captioned resolu-
tion which was read by Mr. Baldwin; who then pointed
out the area proposed for annexation on the map.
Mrs. Hyatt moved to adopt this resolution. Mr. Sawyer seconded the
motion which carried with the following vote:
AYES: Councilmembers Hyatt, Sawyer and Stomackin
NAYS: None
RESOLUTION NO. 79-R-ll'
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS,
9ETTING A TIME, DATE AND PLACE FOR A PUBLIC HEARING PURSUANT
TO THE PROPOSED ANNEXATION OF 2.016ACRES OF LAND OUT OF BEXAR
COUNTY.
#9 RESOLUTION: The Mayor introduced the following captioned resolution
which was read by Mr. Baldwin. He then pointed out on
the map the location of the proposed annexation.
Mr. Stomackin moved to adopt the resolution. Mr. Sawyer seconded the motion
which carried with the following vote:
AYES: Councilmembers Hyatt, Sawyer and Stomackin
NAYS: None
RESOLUTION NO. 79-R-12
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 0.912 ACRES OF LAND OUT OF BEXAR
COUNTY.
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#10 ADVERTISEMENT FOR PROPOSAL: Mayor Bueker introduced this request
to advertise for proposals for wrecker
service.
Mr. Sawyer moved the City Staff be authorized to advertise for bids for wrecker
service. Mrs. Hyatt seconded the motion which carried with the following vote:
AYES: Councilmembers Hyatt, Sawyer and Stomackin
NAYS: None
#11 ADVERTISEMENT FOR PROPOSALS: Mayor Bueker introduced the request
to advertise for proposals for radio
maintenance.
Mr. Sawyer moved that City Staff be authorized to advertise for bids on radio
maintenance. Mrs. Hyatt seconded the motion which carried with the following
vote:
AYES: Councilmembers Hyatt, Sawyer and Stomackin
NAYS: None
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#12 ADVERTISEMENT FOR PROPOSALS: The Mayor introduced the request
to advertise for proposals on vehicle
maintenance.
Mr. Sawyer moved that City Staff be authorized to advertise for proposals on
vehicle maintenance. Mrs. Hyatt seconded the motion which carried with the
fo 11 owi ng vote:
AYES: Councilmembers Hyatt, Sawyer and Stomackin
NAYS: None
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#13 ADVERTISEMENT FOR PROPOSALS: Mayor Bueker introduced the request
to advertise for proposals on park
mowing.
Mrs. Hyatt moved to authorize staff to go out for bids on park mowing. Mr.
Sawyer seconded the motion which carried with the following vote:
AYES: councilmembers Hyatt, Sawyer and Stomackin.
NAYS: None
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#14 ORDINANCE: The Mayor introduced the following captioned ordinance
which caption was read by the Acting City Manager.
Mr. Don Grainer, of 101 Dearborne who had requested time, addressed the Council
concerning the proposed zoning changes that would affect Greenfield Village
residence and their property values. He cited four reasons why they were
opposed to any type of business zoning along FM 3009: (a) increased traffic
(b) certain types of businesses not good for neighborhood (c) destroy ascetic
value of area and (d) will the benefits derived really offset the objections
listed. He presented letters from Greenfield residents who were unable to
attend the meeting and asked the 14 people in attendance to stand. After
further discussion, he handed out some alternatives to proposed zoning
ordinance. One of them being to return the ordinance to the Planning and
Zoning Commission with instructions to investigate land usage based on flood
plain, traffic safety, cluster commercial areas and needs and desires of
surrounding residents.
Mayor Bueker said his alternatives are viable and that in zoning there is a
lot of personal wishes.
Mr. James Bohan who lives in the first house off FM 3009, and Mrs. Grainer
also expressed their desires to the Council.
Mr. Sawyer moved the first reading of the ordinance be accepted.
seconded the motion which carried with the following vote:
AYES: Councilmembers Hyatt, Sawyer and Stomackin
NAYS: None
Mr. Stomack i n
I'" ,;., 'f ':
AN ORDINANCE
BY THE PROVISIONS OF ARTICLE 1011a, REVISED CIVIL STATUTES OF
TEXAS, TO REGULATE THE LOCATION, HEIGHT, BULK, NUMBER OF STORIES,
AND SIZE OF BUILDINGS; OPEN AREAS; LOT COVERAGE; DENSITY AND DIS-
TRIBUTION OF POPULATION; THE USES OF LAND, BUILDINGS AND STRUCTURES;
TO REQUIRE OFFSTREET PARKING AND LOADING; AND FOR SAID PURPOSES TO
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DIVIDE THE CITY INTO DISTRICTS OF SUCH NUMBER, SHAPE, SIZE AND
CHARACTERISTICS AS MAY BE ADVISABLE TO CARRY OUT THESE REGU-
LATIONS; TO PROVIDE FOR ITS ENFORCEMENT; TO PROVIDE FOR A
BOARD OF ADJUSTMENT; AND TO PRESCRIBE PENALTIES FOR THE VIOLATION
OF ITS PROVISION.
#15 TML: A. Mayor Bueker this was a request by TML for cities to
join with them in a lawsuit attacking Constitutionality
of the City Sales Tax. Mr. Baldwin said the city's portion would be about
$48.82.
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Mrs. Hyatt moved to go ahead and join TML in their lawsuit attacking the
constitutionality of the City Sales Tax. Mr. Sawyer seconded the motion
which carried with the following vote:
AYES: Councilmembers Hyatt, Sawyer and Stomackin
NAYS: None
B. The Mayor explained this was also a request by TML to join them in the
Southwestern Bell Telephone rate case. He said that two years ago the city
joined them in a similar case against the telephone company and they were
successful in reducing the rate increase requested.
Mrs. Hyatt moved to join TML in the Southwestern Bell Rate Case. Mr. Sawyer
seconded the motion which carried with the following vote:
1 ;.:~-?~
AYES: Councilmembers Hyatt, Sawyer and Stomackin
NAYS: None
: I
#16 EXECUTIVE SESSION: Mayor Bueker recessed the Regular Session at
8:17 P.M. and called an Executive Session
under Article 6252-17 Texas Civil Statutes, Section 2 (g).
Mayor Bueker reconvened the Regular Session at 10:30 P.M.
#17 CITY MANAGER'S REPORT: Mr. Baldwin had nothing at this time.
#18 ITEMS BY MAYOR: None at this time.
#19 ITEMS BY COUNCIL: Mrs. Hyatt asked that if the city couldn't do
something such as running radar at the Dobie
road crossing on FM 3009 and Mr. Sawyer suggested we express a desire to the
Highway Department to change the speed on FM 3009 and and press them to put
a traffic light at the crossing.
Mayor Bueker asked Mr. Baldwin to get the regulations for Council study.
Mrs. Hyatt also asked if something couldn't be done about the pot holes on
Live Oak Road. Mayor Bueker said to have the Street Department personnel
take a look and give an assessment of the problems there.
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B. Mr. Sawyer gave a report on the Schertz Public Library asking everyone
to call the County Judge and let him know how we feel in our end of the County
concerning Revenue Sharing monies.
#20 ADJOURNMENT: On a motion by Mrs. Hyatt, seconded by Mr. Sawyer
and unanimously carried, the meeting adjourned at
10:44 P.M.
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Mayor, City of Schertz, Texas
ATTEST:
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Ci t~ry, ty of Schertz
SPECIAL SESSION OF THE CITY COUNCIL
AUGUST 14, 1979
The Schertz City Council convened in Special Session, Tuesday, August 14,
1979 at 7:10 P.M. in the Conference Room of the Municipal Complex, 1400
Live Oak Road, with the following members present: Mayor Pro Tem Earl W.
Sawyer, presiding; Richard L. Howe, Gail Hyatt, Walter F. Schneider and
Jack M. Stomackin, Sr. Absent: Mayor Robert C. Bueker. Staff present
Acting City Manager Hal Baldwin and City Secretary June G. Krause.
#1 WHOLESALE WATER CONTRACT: Mr. Sawyer introduced the subject of the
Northcliffe water rate contract and asked
Mr. Mark Graham of Comprehensive Design to address the Council on this matter.
Mr. Graham gave Council some statics on the 1979 Nacogdoches well pumping
projections as well as the combined projections of the well and Homecraft
usage. During his presentation, Mr. Graham recommended the City change from
CPSB PLN (power lighting exempt rate) to the LLP (large lighting power) rate
which would save the city money on the electric billing.
MAYOR BUEKER ARRIVED AT 7:25 P.M.
Council decided to hear representatives of Homecraft before making a decision
on the new rate charge, this presentation to be at the next meeting of the
Coucni 1.