ccreg-01-15-1980
114
After a b,ri ef di scuss i on by the Council, Mayor Bueker ca 11 ed a Sped a i
meeting for Thursday night, January 17th to work on this portion of the
code.
Magdalena Corp. request.
#3 General Discussion: Council briefly discussed the 911 Emergency
Telephone System and the zoning case concerning
8:42 P.M.
#4 Adjournment; On a motion by Mr. Schneider, seconded by Mrs. Hyatt
and unanimously carried, the meeting adjourned at
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Mayor, City of Schertz, Texas
ATTEST:
Ci~' ~~t: >
REGULAR MEETING OF THE CITY COUNCIL
JANUARY 15, 1980
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The Schertz City Council convened in Regular Session, Tuesday, January 15,
1980 at 7:00 P.M. in the Council Chambers, 1400 Live Oak Road with the
following members present: Mayor Robert C. Bueker, presiding; Mayor Pro Tern
Earl W. Sawyer; Ri chard L. Howe; Gail Hyatt; ~~a lter F. Schnei der and Jack ~1.
Stomackin. City Manager Jimmy G. Gilmore and City Secretary June G. Krause.
#1 APPROVAL OF MINUTES: A. ~lr. Schneider asked that the minutes of
the Regular Session of January 8, 1980
be corrected as follows: Item 3-A P&Z RECOMMENDATION - the Zoning case
numbers in the first sentence should both be Zoning Case #22.
Mr. Howe moved the minutes of the Regular Meeting of January 8, 1980 be
approved as corrected. Mr. Sawyer seconded the motion which carried with the
foll owing vote:
AYES: Council members Howe, Hyatt, Schneider, Sawyer and Stomackin
NAYS: None
B. Mr. Howe moved the minutes of the Special Session of January 10, 1980
be approved as written. Mrs. Hyatt seconded the motion which carried with
the following vote:
AYES: Counci1members Howe, Hyatt, Schneider, Sawyer and Stomackin
NAYS: None
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#2 HEARWG OF RESIDENTS: t1r. Rony Krueger asked the Council when
the City was going to put f10ride in its water.
The City Manager would research and bring to next Council meeting.
Mildred Waltisberger, Millie Ebert and Bobbie Koch all three asked for time
when item #3 came before the Council.
#3 BOARD OF ADJUSTMENT PUBLIC HEARING: Mayor Bueker opened the public
hearing at 7:05 P.M.and stated
the purpose of the public hearing was to consider a request by William D.
Tibbs for a special exception to the Zoning Ordinance to allow him to erect
a 61 chain1ink fence instead of an 81 privacy fence.
Mrs. Koch asked an unrelated question and neither Mrs. Wa1tisberger or Mrs.
Ebert had objections to the request by Mr. Tibbs.
There being no further questions by Councilor citizens, Mayor Bueker declared
the public hearing closed at 7:20 p.rv'!. and reconvened the regular meeting.
#4 ACTION ON BOA CASE #12: Concerning the above mentioned Z'onrin,g
case involving the fence variance, there
were some questions from citizens as to the necessity of having a fence at
all. Mayor Bueker explained that Mr. Tibbs request was for a change from
the required 8' privacy fence to a 61 chain-link fence only.
Mr. Schneider moved to grant Mr. Tibb1s request to erect a 61 chain link fence
instead of the 8' privacy fence on the property at 611-613-615 Main Street.
Mr. Howe seconded the motion which carried ~lith the following vote:
AYES:
NAYS:
Counci1members Howe, Hyatt, Schneider, Sawyer and Stomackin
None
IS - '?o
#5 ZONING CASE #22:
Mayor Bueker announced that he was removing him-
self for this item as he had a business interest
He then turned the meeting over to Mayor Pro Tern
in the property involved.
Earl Sawyer.
Mr. Sawyer explained the purpose of zoning case #22 was a rezoning request
by Magdalena Corporation. This item had come before the Council and they
had sent it back to get in writing the Planning and Zoning Commission re- ,
commendation and reasons for their recommendation. He also explained that
although this was an agenda item, since there had been public hearings on
this subject, the citizens were not allowed to discuss the subject at this
meeting.
Having the P&Z recommendation and reasonings in hand, Council discussed the
merits of the request for rezoning.
.
Mr. Schneider then moved to accept the recommendation of the Planning and
Zoning Commission of not rezoning. Mr. Howe seconded the motion. The vote
was as foll ows:
AYES:
NAYS:
Mr. Howe and Mr. Schneider
t1rs. Hyatt, Mr. Stomackin; with Mayor Pro Tern breaking the tie
by voti ng nay.
then declared the motion defeated by a three to two vote.
/b-qO
Mr. Sawyer
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Mrs. Hyatt asked that the vote be clarified for the benefit of the audience.
Mr. Sawyer then asked each Councilmember to again state their vote with the
following results: t,1r. Howe said he voted to go along with the P&Z recommen-
dation;\and Mrs. Hyatt said she voted to rezone; Mr. Schneider said he
made the motion and voted not to rezone; Mr. Stomacking said he voted to rezone.
Mr. Sawyer then said he voted not to accept the P&Z recommendation.
Mayor Pro Tern Sawyer said the property will be rezoned then by a three to two
vote.
Mayor Bueker was then Called back into the meeting.
#6 ORDrr~AiICE: Mayor Bueker introduced the following captioned ordinance
the caption of which was read by the City Manager.
Mr. Howe moved to accept the final reading of the ordinance. Mr. Schneider
seconded the motion which carried with the following vote:
I?~o
AYES: Councilmembers Howe, Hyatt, Schneider, Sawyer and Stomackin
NAYS: None
ORDINANCE NO. 80-0-1
AN ORDINANCE OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE
CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS, BE AMENDED BY RE-
VISING SECTIONS 18-2 TRAFFIC ENGINEER DESIGNATION AND SECTION
18-91, PARKING PROHIBITED ON SPECIFIC STREETS.
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#7 COMMUNITY CENTER FENCE: Mr. Gilmore called attention to a letter
from the Good Shepherd Church in which
they point out the stipulation of selling the property for the Community
Center the City i agreed to erect a fence between the two properties.
They are suggesting a 6 foot chain link fence, starting from a line parallel
to the front of the Community Center to the back boundary line. Also re-
quested shrubs in groups continuing from the front fence line to the Live
Oak Road line. Mr. Gilmore said he had received several telephone bids
for this 120 feet of fence ranging from $398 to $570. He recommended the
bid of $413 and said that although this is an un budgeted item, there was
money available for this request.
Mr. Howe moved to approve this expenditure, in the amount of $425.00, for
erecting the agreed upon fence between the Community Center and Church pro-
perty. Mr. Schneider seconded the motion which carried with the following
vote:
i1,-~o
AYES: Council members Howe, Hyatt, Schneider, Sawyer and Stomackin
NAYS: Hone
#8 911 CONTP~CT: Mayor Bueker introduced the request for contract
renewal and payment for the 911 Emergency Telephone
Number System. He had talked with the Guadalupe County Judge who said they
would await our decision before making theirs.
After a brief discussion, Mrs. Hyatt moved to pullout of the 911 Emergency
Telephone System contract and not go with it this year. Mr. Schneider
117
seconded the motion.
Council further discussed the pros and cons of the system, with the concensus
they would look at the system later when some of the bugs are worked out. The
t1ayor then called for a vote on the motion, with the following results.
AYES:
NAYS:
Council members Howe, Hyatt, Schneider, Sawyer and Stomackin
[~one
J ~ ~ fie
#9 BOARD APPOINTMENTS:
Mrs. Hyatt moved to appoint Margaret Riley as
Chairman and Ruth Tienor as Vice Chairman of
Mr. Sawyer seconded the motion which carried with
the Library Advisory Board.
the following vote:
AYES:
NAYS:
Counci1members Howe, Hyatt, Schneider, Sawyer and Stomackin
r~one
JO - ~b
#10 EXECUTIVE SESSION: There was no need for one at this time.
#11 CITY MAllAGER'S REPORT: Mr. Gilmore presented the resignation of
Mr. Bill Hamm as City Inspector and advised
the three men with the VA inspectors experience were willing to come to the
meeting of the Council on the 17th and discuss their experience and type of
inspections desired.
He also brought to the Council attention the six beautiful paintings that
were donated to the Municipal Building by Councilman Stomackin.
#12 ITEMS BY MAYOR: Mayor Bueker said he had talked with Judge Fleming
and Highway Department Engineer Stautzer with both
indi~ating they will have money set aside for the FM 78 By-pass and after
the election would be sufficient time to bring it up again.
He had also talked with Captain Miller of the SA EMS and the City of San Antonio
does pay on a per capita basis. He also talked with Mr. Bustamante, who will
be getting back with him later.
#13 ITEMS BY COUNCIL: Mr. Howe asked the date of the meeting with the
Cibolo Council and Mr. Gilmore said the Financial
Advisor advised waiting until after the meeting of the 22nd.
Mr. Schneider asked the progress of the 2011 water 1 ine. Mr. Gilmore said he
was in the process of getting new easements signed and once he gets that out
of the way, get the change order and complete information on how much is in-
volved.
#14 ADJOURNMENT: Mr. Howe moved the meeting be adjourned at 8:05 P.M.,
which motion was seconded by Mr. Schneider and unani-
mous1y carried.
ATTEST: ~
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~rari' C t 0 Sc ertz ,
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Mayor, City of Schertz, Texas