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ccreg 05-15-1979 19 REGULAR MEETING OF THE CITY COUNCIL MAY 15, 1979 The Schertz City Council convened in Regular Session, Tuesday, May 15, 1979, 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 Tem Earl W. ,Sawyer; Richard L. ~owe; Walter ~. Schneider; Gail ~yatt; and Jack Stomackin. Sr. City Staff present: City Manager Walter W. Hill, Jr.; and City Secretary June G. Krause. #1 APPROVAL OF MINUTES: Mr. Howe moved to approve the minutes of the Regular Meeting of May 1,1979. Mr. Sawyer seconded the motion which carried with the following vote: AYES: Councilmembers Howe, Hyatt, Schneider, Sawyer and Stomackin NAYS: None #2 HEARING OF RESIDENTS: Mr. Leon Chambless said a water line had been installed in front of his property on Pecan Drive and he wondered if it was City policy to do this without notifying the property owners. Mayor Bueker said that although it was not required to notify owners, that City policy was normally to notify the owners. Mr. Schneider asked by whose authority this line was laid. Mr. Hill said he would check and get back to the Council. #3 PUBLIC HEARING: Mayor Bueker opened the public hearing at 7:04 P.M. and explained that the purpose of the public hearing was to obtain the views of the public on the proposed annexation of six tracts of land. There were approximately 80 people in attendance; therefore, Mayor Bueker asked each tract be taken individually with the citizens concerned with that particular tract to speak as each was brought up for discussion. Tract #1, a tract containing approximately 35 acres along FM 3009 adjoining the southeast property line of Oak Forest Subdivision. Mrs. Herbert Besch was the only person involved with this tract, and saying she was not looking forward to paying extra taxes, asked if water would be made available to her. Mayor Bueker explainedthat~ concerning all tracts proposed, when a parcel is annexed, the property owners have all the rights of any other citizen of the City and all the obligations. If there is water in that area, water would be made available as well as fire, ambulance and police service. Tract #2, a tract containing approximately 36 acres along FM 3009 adjoining the northwest side of Oak Forest Subdivision. Mrs. Evelyn Ripps was opposed to this annexation and had the same questions concerning services. Tract #3 - a tract containing approximately 300 acres along 135 and Lookout Road. Mr. Pat Osborn, speaking for himself and his mother-in-law Mrs. Fey, was also opposed to the annexation, with the same concerns. Tract #4, a tract containing approximately 246 acres to either side of FM 3009 between the MKT and Missouri Pacific Railroad tracts. The following people spoke in opposition to this proposed annexation: Mrs. Ralph Haecker, Roman Schertz, Adolph Scheele, Wallace Contwell and Fred Moos. 20 Tract #5, a tract on either side of 135 containing approximately 435 acres. Mr. ~chard A. Jasinski, a New Braunfels attorney representing property owners on both tract #5 and #6, read a petition signed by 36 people opposing these two annexations citing 7 reasons for their opposition. The following people spoke concerning the proposed annexation of both this tract and tract #6 on the easternmost city limits line containing approximately 69 acres: Mr. Nolan Specht; Mrs. Gladys Haecker, Martin Seiler; Amy Jordon; Herman Friesenhahn; Fritz Schlaughter;Hilmar Hartmann;Mrs. John Fuhrumann; Mr. O.F. Knight, Elgin Ott, John Fuhrmann. After ascertaining there were no further comments from the audience, Mayor Bueker declared the public hearing closed at 9:32 P.M., announcing the regular meetings of the City Council are on the 1st and. 3rd Tuesday of each month with the first reading of an ordinance on these annexations possiblly being June 5th. At the request of several people present, Mayor Bueker said announcement of the meeting on annexations could be placed in the New Braunfels paper. He then declared a short recess before going on with the regular meeting. The Regular Meeting was reconvened at 9:47 P.M. #4 GRANT PROPOSAL: Mayor Bueker explained that the people from the Department of Human Resources asked for this item to be tabled until the next meeting date. #5 P&Z RECOMMENDATI,ON: i'1r. Howe moved to approve the P&Z recommendation and appoint Mrs. Jackie Lawler to the Planning and Zoning Commission. Mr. Schneider seconded the motion which carried with the following vote: ..- -- I I ----- .~ 4 ' ry~ AYES: Councilmembers Howe, Hyatt, Schneider, Sawyer and Stomackin NAYS: None Mr. Bueker then welcomed Mrs. Lawler as a member of the P&Z. f6~'~~ #6 CONTRACT PAYMENT: Mr. Hill said that the contractor did have some problems but the job should be completed this week. He recommended approval but that payment not be made until project is completed. Mrs. Hyatt moved to approve payment to Bay Maintenance Company in the total amount of $88,588.00 with the provision that no payment be made until contract completion and inspection by the City Engineer is made and the Certificate of Completion is filed, on the 12" water line extension. Mr. Stomackin seconded the motion which carried with the following vote: AYES: Councilmembers Hyatt, Sawyer and Stomackin NAYS: Councilmembers Howe and Schneider, with Mr. Schneider qualifying his vote with the following statement: "I cannot vote to pay that portion of the bills that pertain to the lines on the west side of FM3009 due to the known fact that the 12" water line on the west side of 1 LJ 21 Highway 3009 was laid contrary to Council wishes and vote. The water line was supposed to have been laid on the south side and adjacent to Mrs. Knight's property, then south on the west side of 3009 to the point where they now bored under 3009. The Council IS vote has been circumvented, and I must vote no." Mayor Bueker said that he believed the water line was not laid contradictory to Council's expressed desire but that allowance was made in workshop session in which Mr. Hill was asked to negotiate with Mr. Naylor for an easement right. #7 ENGINEER PAYMENT: Mayor Bueker introduced a statement from Howard Gaddi s for engi neeri ng fees on the 1211 water line in the amount of $9,301.74. Mrs. Hyatt moved this payment be made with the provision that no payment be made until contract is completed and inspected by the engineer and Certificate of Completion is issued. When the Mayor called for a second, Mr. Stomackin reminded the Council that this motion was made at the previous meeting. Mrs. Hyatt withdrew her motion. Council all agreed with the motion made at the meeting of May 1st by Mr. Stomackin. #8 EXECUTIVE SESSION: Mayor Bueker called an Executive Session at 10:10 P.M. under Article 6252-17 , as amended, of the Vernon's Texas Civil Statutes, Section 2(e). The Regular Session was reconvened by Mayor Bueker at 11 :02 P.M. Mr. Sawyer made a motion to allow Mr. Harris to draw up a lease in a form acceptable to both parties on a service line from Schertz to CCMA. Mr. Schneider seconded the motion which carried with the following vote: AYES: Counci 1 members , Howe, Hyatt, Schneider, Sawyer and Stomackin NAYS: None #9 CITY MANAGER'S REPORT: 1. Mr. Hill called attention to information he had given to the Council concerning two budget overrun items. 2. Announced a bid opening on the U.C. water line for June 15th. 3. Con- cerning the seal coating of streets, he asked if Council wanted to make the decision on which streets or should this be left up to the engineer. Council agreed the engineer should make this decision but just keep the Council in- formed. 4. Mr. Hill also asked and got an affirmative answer from the Council to send letters concerning the wholesale water rate increase. 5. He said that at the June 5th Council meeting, the representatives of the Wilson property would meet with the Council to discuss water and sewer service with them; and that the P&Z would have recommendations on three BOA cases for them; also that. the engineer would be present to discuss the Oak Forest entrances. 6. He announced that staff had found a young lady draftsman and money is available for 16 weeks at half-time for this position and would like to get her started. There were no objections. ,&1.".79 , .' The City Manager also presented a proposed June newsletter, Mrs. Hyatt asked that an article congratulating the recent EMT graduates be added. She also asked if Dr. Mays or Hernal could be contacted to see if they would put something in the newspaper concerning Legionaire desease that has been found to be caused by breathing unclean air from air conditioning units. '>') -- #10 ITEMS BY MAYOR: Mayor Bueker asked the Council to be thinking about amending the ordinance concerning the sale of water for other than agriculture purposes. #11 ITEMS BY COUNCIL: Mr. Howe mentioned that with the cost of energy going up, this city could be hit very hard in the area of transportation. Mr. Stomackin suggested that since the tape recorder had quit working in the middle of the meeting that we should not only have it repaired but get estimates on another unit so that we would always have a back-up. Mr. Schneider asked about the warranty on the parking lot paving and Mr. Hill said it would run out in July and that he had asked Mr. Boswell to get in touch with the engineer. #13 ADJOURNMENT: On a motion by Mrs. Hyatt, seconded by Mr. Howe and unanimously carried, the meeting adjourned at 11 :30 P.M. ATTEST: ~ (J ~ J-~ ~,ULJO C~tary, eity of Schertz ~~ Mayor, City of Schertz, Texas ,- I