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01-15-197439 SPECIAL MEETING OF CITY COUNCIL JANUARY I5, 1974 The City Council of the City of Schertz, Texas met in Special Session T~.esday, January 15, 1974 at 6:00 P.M, in the Council Chambers with the following members present: Mayor Bueker, presiding; Mayor Pro-Tem Schwartz, Mrs. Funk, Mrs. Koch, Mr. Sandifer and Mr. Koole. Also in attendance representing HUD: Mr. Jim Byam, Mr. Trammel, Mr. Walter Carter, Mr. Don Hollingsworth, Mr, Bob Waggoner, Mr. Bo Garcia, Mr. Doyle Clark. Representing the local Urban Renewal Agency; Director Walter Schertz, Attorney Terry Toping, Engineer Charles Cross and Commissioners Wolvin, Norwine, Kramer and Willman. Mayor Bueker briefed the Council and audience on the purpose of the meeting which is to discuss and clarify various subjects relative to the Schertz Urban Renewal Project Tex R-112. ~~l URBAN RENEWAL AGENCY PARTICIPATION IN THE COST OF CONSTRUCTING A DRAINAGE CHANNEL SOUTH OF FM 78. I%:ayor Bueker asked the HUD representatives if there can be any existing funds at the close out of UR that could be diverted to help in the construction costs of the south drainage ditch which is necesitated by the curbing and street drainage of the Urban Renewal Project Area. Mr. Byam explained that Urban Renewal provided drainage in the pro- ject area but that it is the responsibility of the City to provide offsite storm drainage. There is no program UR has at this time to provide funds for this south drainage project. ~~2 URBAN RE~lTEWt~~I. PROJECT AREA STREET AND WATER IMPROVE- MENTS AND THE ACCEPTANCE OF SUCH BY THE CITY. Mr. Arnold explained that Mr. Gaddis, City Engineer, has not completed his study of the streets as the weather has not pemitted the repatching of the streets after testing is done. Mx. Gaddis said he had gone over the City streets right after the rain stopped on January 9 and made a sizable list of the places where water is ponding - up to lZ inches at some spots. Mr: Byam said that if this ponding is detrimental to the streets, as Mr. Gaddis says it is, then this will have to be looked into. Mr. Schertz said and Mr. Cross, UR Engineer, confirmed that they had checked and found suspicious spots. They then had Trinity Testing Laboratories make test of all these spots and report to them. Mr. Cross then had the contractor correct all the. areas in question. The quality of the base and the asphalt not only meets but exceeds the specifications according to Mr. Cross. When asked by Council if street grades are to specifications Mr. Gaddis said that if specifications call for streets to drain and they do not drain, then they cannot be to speci- fications. 4~ Mr. Cross, by way of explanation explained several facts concerning the street project: ~. they had a somewhat inadequate contractor 2. there was an abnormal amount of rain during construction. and 3. there were several delays caused by utilities and Railroad Company. The job ended, by being a piecemeal job but he tried to correct all the suspicious areas. Mr. Byam stated the City did agree and sign an agreement they would accept the streets if they were built to specifications. He went on to say Urban Renewal would correct the ponding areas with one or more tons of asphalt if the City would agree to accept them after corrections were made. Mr. Schertz agreed that his office would go along with this suggestion as they have always tried to do what the City asked of them. ~k3 METHOD NEEDED TO CHANGE OR AMEND THE SECOND AMENDED COOPERATION AGREEMENT IN LIGHT OF THE RECENT COUNCIL DECISION TO NOT PURCHASE PARKLAND FROM THE URBAN RENEWAL AGENCY. Mr. Byam asked to speak on this subject. He stated that Mr. Clark had already presented this to the area office for consideration - the fact that at first the City wanted to purchase the parkland, then they voted not to purchase and now the City wants the parkland to be dedicated and also to save the standard building thereon. Mr. Byam then stated that if the City accepts the streets in a week, he feels conficent he can get a favorable response from the area office within a week on the dedication of the parkland. He felt sure they will be able to dedicate the parkland with the building intack as long as it will be used only for public park use. Mr. Byam then explained the close out procedures of Urban Renewal and what to expect if all parcels of land have not been sold at that time. Mrs. Funk asked if, at close out, the City is furnished with a complete audit showing total expenditures and was assured the City would receive one. Mayor Bueker requested clarification of some problems concerning the 236 Housing as it relates to the Val Verde Apartments in Schertz. The leasing manager is now asking the City of Schertz to increase the allocation of low income families from lOJo to 20%. The City Council wanted to know if they could limit the units to serve only citizens from Schertz and were told that since this is a private business, the City has no control over who they rent to. Mayor Bueker declared the meeting djourned at 7:08 P.M. C _, ATTEST: v ~~ Mayor Robert C. Bueker ecre a u e rause 41 REGULAR SESSION OE THE CITY COUNCIL JANUARY 15, 1974 The City Council convened in Regular Session in the Council Chambers on Tuesday, January 15, 1974 at 7:20 P.M. with the following members present: Mayor Bueker, presiding; Mayor Pro-Tem Schwartz, Mrs. Koch, Mr. Koole, Mrs. Funk and Mr. Sandifer. ~~1 APPROVAL OF MINUTES: Mxs. Koch moved the minutes of the Regular Session of January 2, 1974 and the minutes of the Public Hearing of January 2, 1974 be approved as written. Mr. Sandifer seconded the motion with all members voting aye. ~~2 HEARING OF RESIDENTS: A. Mr. HaI Baldwin, representing the Citizens Advisory Committee, briefed the Council on the'rewriting of the By--Laws of the CAC and the Community Fund. He explained they were going to a budgeting system of the Community Fund and had voted to allow $600 per year for the Welfare Director who will be under the direct control of the City Council. Mayor Bueker suggested they might leave the amount open in the By-Laws to allow for flexibility. Mr. Baldwin said last year the Welfare Director only spent a little over $200; therefore, they felt $600 would be sufficient and if not could be changed-~ Mrs. Funk suggested Mrs. Bennett, the Welfare Director, submit an itemized budget to the Council. B. Mr. R.J. Uhr, District Manager of United Gas, appeared to present his request for a rate increase or adjustment of rate for gas. After explaining the Company's position, he asked this item be placed late on the agenda of February 5, 1974. C. Mr. Earl Sawyer asked to reserve the right to speak when item No. 3 on the agenda was taken up. D. Mr. Dick Carroll reserved the rig~~t to speak on item 9. E. Mr. Jesse Graham, General Manager of CCMA, reserved the right to speak and answer any questions the Council might have when item No. 5 is brought up. ~~3 FINAL CONSIDERATION OF REZONING: A. Both sides of Main Street from Live Oak Road to Oak Street. After discussion by the Council, Mrs. Koch moved to rezone both sides of Main Street from Live Oak Road to Oak Street contingent on the fact that it does ,~,~ not jeopardize progress that has been made on the Housing " for the Elderly and to become effective at close out of Urban Renewal. Mrs. Funk seconded the motion with the vote being: For the motion - Mrs. Koch, Mrs. Funk and Mr. Schwartz, and Mr. Sandifer. Against the motion - Mr. Koole. Motion carried. 42 B. Mayor Bueker explained this rezoning is only for the 1.062 acre tract out of the Lone Oak Subdivision and the area has a 100 foot right-of-way which is more t'~_an sufficient for a four lane highway with a I6 foot median, leaving 4 extra feet. He also said that according to the Federal-Aid Highway Act of 1973, the Council cannot re- quire property owners to dedicate land for right-of-way. ^ ~~ Mrs. Koch moved to rezone the 1.062 acre tract out of the Lone Oak Subdivision from an R-1 to a C-1 classification. ,~ Mr. Sandifer seconded the motion. Mr. Schwartz expressed a need to require privacy fencing between commercial and residential properties. Mr. Yochum of the Planning and Zoning Commission, said they had recommended an 8' privacy fence. All members of the Council voted in favor of the motion. ~~4 BID AWARD ON SEWER RODDING MACHINE: City Manager Denny Arnold presented a written report from the Utilities Superintendent in which he gave opinions on the O'Brien machine from three different cities. Two of them did not recommend buying the machine because of high maintenance cost and down time. Mr. Schwartz moved to accept the Rockwell International bid ~~ ~~ alltmembersnvo~~4a0e. Mrs. Funk seconded the motion with g Y ~~5 CCMA OUTFACE LINE EXTENSION: Mayor Bueker briefed the Council and citizens on the procedures for the extention of CCMA sewage outfall lines within the City of Schertz, summing up with the follow- ing three recommendations. A. CCMA set a master plan for outfall lines in entire program. B. CCMA set point of pollution, extent to which they will service point of po111ution with outfall line extension based on amount of affluent generated, revenues derived from processing versus amortization of outfall line extension cost. C. Connection fees being considered by CCMA be confined to new construction and that existing residences now on septic be excluded from CCMA connection fees. Mr. ;1"esse Graham, General Manager of CCMA, said the CCMA Board would probably agree on A and B but would have to discuss item C - the Deer Haven line probably the only one in question. The probable fees being $250 inside and $350 outside the city limits. Mayor Bueker said he and the Council did not feel the people now residing in Deer Haven should pay a connection fee to CCMA as well as to the City when other residents of Schertz only paid the City fee. The connection fees should come from future developers in the area being served. a Mr. Schwartz moved to submit the three mentioned recommend- ,~~ ations to CCMA. Mrs. Funk seconded the motion with all `~ members voting aye. ~3 ~~6 ORDINANCE: Mr. Arnold informed the Council that Mr. Harris, attoxney for the City, is rewriting parts of the ~'raffic Control Ordinance and will get it to the Council as soon as he has it finished. Mrs. Koch said she had noticed that several pickup trucks on Lindberg have either jumped the curb or used the driveways and are parking on the City right-of-way. By forbidding parking on this and other 42' or wider streets, there will be more of this. She feels the Council is over governing our little town with this off-street parking. Mr. Schwar~~ moved to table any action on this ordinance until the next Council meeting, February 5, 1974. Mrs. Funk seconded the motion with all members voting afire. ~~7 PENSION PLAN: Mr, Arnold briefed the Council explaining after many hours put in on the Pension Plan by him and the intern assistants, they found they would like some professional advice. He hired an independent analyst on the recommendation of Mr. Anderlitch, Financial Advisor for the City, to evaluate the pension plan. Mayor Bueker said he had talked with Mr. Arnold before he hired Mr. Duncan and concur with the decision of Mr. Duncan who recommended Banker`s Life. Mr. Schwartz moved to authorize Duncan and Associates to ~ l~-M``~ negotiate a contract with Banker's Life for a pension plan for City Employees. Mrs. Funk seconded the motion. The vote was as follows: Voting Aye - Mr. Schwartz, Mr. Sandifer, and Mrs. Funk. Voting naye - Mrs. Koch. Motion carried. Mr. Koole left the meeting prior to this motion in order to report for work. ~~8 PLANNING & ZONING MINUTES: Mr. Schwartz moved the minutes of the Planning and Zoning meeting of December 21, 1973 be accepted as pre- sented. Mrs. Funk seconded the motion with all members voting aye. Mrs. Funk moved to accept the minutes of the Planning & Zoning meeting of January 9, 1974. Mr. Sandifer seconded the motion with all members voting aye. ~~9 ORDINANCE: Concerning the proposed Animal Control Ordinance, Mayor Bueker suggested each Council member make their recommendations and changes on their copy of the ordinance and return to Mr. Arnold for rewriting. Mr. Carroll again expressed his concern over the passing of this ordinance, specifically relating to the number of animals allowable for each household. He and two neighbors testified the seven dogs next door to him are definitely a dangerous nuisance, and requests limiting the number of animals allowed. Mr. Schwartz moved to table action on this ordinance until it can be rewritten. Mr. Sandifer seconded the motion with all members voting aye. 44 ~~10 ANBULANCE SERVICE: In the absence of Mr. Wayne Flowers, Mr. Roe Yochum spoke on the Schertz Area Facility for Emergency Service (SAFES) recognizing all those who have put forth much of their efforts and time in organizing this committee. He explained they have interested such organizations as AACOG, the State Health Department, MASTS and others. Red Cross training will start February I9th, and the books for this training have been paid for by Shawn Charities. Mr. Schwartz recommended the committee present to the Council a request for a landing pad for the MASTS craft. Mr. Yochum said their committee is now working on a charter. Mr. Schwartz moved to authorize Attorney Harris to work ,~< with the committee (SAFES) on making application for the w, charter for a non-profit corporation. Mrs. Funk Seconded ~ the motion with all members voting aye. ~~_ BID OPENING POLICE CARS: Mayor Bueker explained since we had advertised for bids on the two police cars with bid opening being this date, we would go ahead with the opening even tho the item' was left off the agenda. Of course there would be no action taken on this subject. 1 auto 2 autos 0. R. Mitchell - Plymouth $4235 $8470 Becker Motar Co. - Plymouth $4298.80 $8597,60 Koepp Chevrolet - Impala $4287.96 $8575.92 Krueger Motors - ~'~ontiac Catalina $4436.54 $8873.08 ~~11 PREVIOUSLY TABLED SUBJECTS: 1. Mr. Schwartz made a motion to refuse the request by the Leasing Manager of the Val Verde Apartments for an in- crease from 10% to 20% allowcation for low income families. Mrs. Funk seconded the motion with all members voting aye. `~, At 10:10 P.M. Mayor Bueker called a recess in order for the Council to go into Executive Session to discuss with Attorney Harris the Rebate question which might go into litigation. ~J Mayor Bueker reconvened the Regular Session at 10:30 P.M. Mr. Arnold read a letter from the Planning and Zoning Commission thanking the Council for inviting their members as guests to the annual Chamber of Commerce Christmas Dinner Dance. Mr. Arnold read a letter from the West Guadalupe County Municipal Utility District thanking Mr. Marvin Patterson, Utility Superintendent, for the use of the City's back hoe machine. ~~11-3 Mr. Schwartz suggested it might be wise to buy an additional pickup at this time considering the way prices are increasing. Mr. Arnold presented to the Council his monthly Budget Report. Mr. Schwartz asked if: the police could check identifi- cation at some of the local commercial establishments. He has had reports that possibly some of them are selling beer to minors. Mrs. Funk moved to adjourn at 10:50 P.M. Mr. Sandifer seconded the motion with alI members voting aye. Mayor Robert C. Bueker ATTEST: ty Secretary June G. Krause