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.
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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