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ccreg-11-01-1977 69 REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 1,1977 ~ N I"'""'! ~~ ~ \jJ The Schertz City Council convened in Regular Session, Tuesday, November 1, 1971, at 7:00 P.M. in the Council Chambers, 401 Oak Street, with the follow- ing members present: Mayor Robert C. Bueker, presiding; Richard L. Howe, Merwin G. Willman, Walter F. Schneider, Earl W. Sawyer and Earl Johnson. Also present were City Manager Denny L. Arnold, City Secretary June G. Krause, City Engineer Howard W. Gaddis. #1 APPROVAL OF MINUTES: Mr. Howe moved to approve the minutes of the Regular Meeting of October 18, 1977 as pre- sented. Mr. Schneider seconded the motion, which carried with the following vote: AYES: Mr. Howe, Mr. Willman, Mr. Schneider, Mr. Sawyer and Mr. Johnson. NAYS: None #2 HEARING OF RESIDENTS: The following persons wished to reserve time for the agenda items indicated: Tom Randall #4; John Godfrey #5; Dick Chambless #5 and #11; Jesse Graham #5 and #11; Mr. Halleran #4; and Tom Harm #5. Non agenda items: Bob Jordan spoke regarding bingo game being conducted by Shawn Charities, saying his books would be open to the public and that he indicated he would operate until such time as a citizen complaint was filed. #3 P&Z MINUTES: Mr. Sawyer moved to approve the minutes of the Regular Meeting of the Planning and Zoning Commission of October 12, 1977. Mr. Schneider seconded the motion which carried with the fo 11 owi ng vote: AYES: Mr. Howe, Mr. Willman; Mr. Schneider, Mr. Sawyer and Mr. Johnson NAYS: None #4 ORDINANCE: This item was delayed until the arrival of the City Attorney. #5 DOBIE M.S. ROAD: Mr. Godfrey, spokesman for the Greenfield Home- owner's Association (GHA) said they had met with Mr. Von Scheele, who had given them a copy of the contract (3-way) for study. The~ are now asking the Council to sign the contract with the deletions of Mr. Von Scheele immediately. At the Mayor's request, Mr. Arnold gave a summary of the meeting held Monday th~ 31st of October in his office consisting of Mr. Von Scheele, Mr. Acker- mann (County Commissioner) and members of GHA. Mr. Jesse Graham of CCMA said they are in business to promote growth and to proitect the i nvi ronment and feel thi s is the ti me to move on dra i nage, whi ch is one of the things involved in this. 10 '. Tom Harm said that he would like the Council to keep an open mind ~ t, ~lternative suggestions and perhaps pursue federal grants for thiA Jnd otl. . drainage problems. 1 I 1. BID AWARD: The Mayor listed the following bids as beinro 'eceived and publicly opened Friday, October 28, 19/' for a 1 ton crew ~b pickup. " Internation. Harvestor - No Bid Koepp Chevrol~ Inc. - $7,086.00, No Bid on Big Helper wit~5 day deliver. Ancira Winton Cl. 'rolet - $7,392.00/$8,387 with big he~~, 8-12 wka delivery Krueger Chevrolet ~7,206.00/$8,206.00 with big helP~ 10-12 wks delivery Mr. Schneider questi0 ~ the purcbasing of any vehi'j)~at this time as he understood that at bud~ I. time, it was agreed not rf purchase vehi cl es unti 1 after January, 19716. Mt l\rnold said that was ri \/1 for replacement vehicles however, thi s vehi c lei s I I. a replacement but? .ew purchase to a 11 ow the Animal Control Officer to t. ~ a vehicle. Discussion followed as to numL and type OfO~hicles owned by the City. After which, Mr. Johnson moved. authorizrn,Jhe purchase of this vehicle from the low bidder, Koepp Chevr0 t in t~\amount of $7,086.00. Mr. Howe seconded the motion which carried ~ I.h~' following vote: AYES: Mr. H@we. Mr. Willman and Johnson NAY:S None I Mr. Howe said that by the delivery Ate. & pertinent data on vehicles should be available. () #7 ORDIN~NCE: The Mayor ~ain pointed 0, on the map the three areas propose~\,o be annexed. H~ 'hen introduced the herein- agter set fo~th ordinanc~, ~, ,ch ~as been read an ~onsidered at the last regular meetlng of the Clj' u..;ouncll on the 18th da) f October, 1977. It was determined that the r j Secretary had caused a. wt synopsis of said proposed ordinance to bf' ,ublished in the official ne~ 'aper after its con- sideration at the last ~gular meeting of the City Coun 1 and prior to this meeting. Whereupon said ord; .nce was discussed and further consider~ by the Council. Thereupon it was r led by r~r. Schneider and seconded by Mr. h lman that said ordinance be fir ly passed and adopted. The Mayor put the mo~ 'n to a vote of the members the City Council and the ordinance was finally ~ssed and adopted by th, ,'011 owi ng vote: AYES: .r. Howe, Mr. Willman, Mr. Schneider, Mr. Sawyer and Mr. ~hnson NAYS' None ORDINANCE NO. 77-A-12 f ORDINANCE SETTING A TIME, DATE AND PLACE FOR A PUBLIC HEARING ,~ THE PROPOSED ANNEXATION OF THREE CERTAIN TRACTS OF LAND CON- rAINING 144.0 ACRES, 31.34 ACRES AND 73.08 ACRES RESPECTIVELY, OUT OF COMAL AND GUADALUPE COUNTIES, BY THE CITY OF SCHERTZ, TEXAS, AND AUTHORIZING AND DIRECTING THE CITY SECRETARY TO PUBLISH NOTICE OF SUCH PUBLIC HEARING. 71 Mr. ,Gaddis explained one of the problems is that a large bridge cannot be built now because there is not a channel; and even if there was channelling, it still would not be good because of the Cibolo creek backing into the Dietz creek. The Mayor asked what height construction would be needed to at lease have a degree of safety. Mr. Gaddis said it would have to be something similar to what is over the Cibolo in Schertz now; that at certain times it could not be used. ~ :ItI ~ :;, -1-\ - i..l..: After further discussion, the Mayor suggested the engineer for Von Scheele and Mr. Gaddis get together with Mr. Ackermann and give their findings to the Council. RICHARD HARRIS, City Attorney arrived at this time. #4 ORDINANCE: The Mayor introduced the following captioned ordinance which was read in full by the City Manager. Mr. Schneider moved that said ordinance be considered by the Council as an emergency measure, which motion was seconded by Mr. Howe. Whereupon said motion was fully con- sidered and discussed. The Mayor put the motion to consider said ordinance as an emergency measure to the members of the City Council and said motion was approved and adopted by the following vote: AYES: Mr. Howe, Mr. Willman, Mr. Schneider, Mr. Sawyer and Mr. Johnson. NAYS: None Mr. Randall, owner of the Drive-in theater, said they had no intention of showing X rated films and had only shown five in all. The ones the Mayor had questioned,recently shown, .were ",resented to him as horrow films and he pulled them off as soon as he received complaints. He also said that on any film other than X rated, they will be pulled off if he gets complaints. Mr. Harris-said that this is not a censorship ordinance, merely one of zoning. The Mayor then introduced the hereinafter set forth ordinance as an emergency measure. Thereupon it was moved by Mr. Schneider and seconded by Mr. Howe that said ordinance be finally passed and'adopted. The Mayor then put the motion to a vote and the ordinance was finally passed and adopted by the following vote: AYES: Mr. Howe, Mr. Willman, Mr. Schneider, Mr. Sawyer and Mr. Johnson NAYS: None AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, REQUIRING DRIVE-IN THEATERS EXHIBITING ADULT FILMS PROVIDE A WALL OR FENCE OF ADEQUATE HEIGHT TO PREVENT PERSONS FROM OUTSIDE THE THEATER FROM VIEWING THE SCREEN; PROVIDING FOR PUBLICATION OF THIS ORDINANCE; ESTABLISHING A PENALTY FOR VIOLATION OF THIS ORDINANCE; AND CONTAINING MATTERS PERTINENT TO THE SUBJECT. 72 #6 BID AWARD: The Mayor listed the following bids as being received and publicly opened Friday, October 28, 1977 for a 1- ton crew cab pickup: International Harvestor - No Bid Koepp Chevrolet, Inc. - $7,086.00, No Bid on Bid helper, with 75 day delivery Ancira Winton Chevrolet - $7,392.00/$8,387 w/big helper, 8-12 weeks delivery Krueger Chevrolet - $7,206.00/$S,206.00 w/big helper, 10-21 weeks delivery Mr. Schneider questioned the purchasing of any vehicle at this time as he understood that at budget time, it was agreed not to purchase vehicles until after January 1, 1978. Mr. Arnold said that was right for replacement vehi- cles; however, this vehicle is not a replacement but a new purchase to allow a vehicle for the Animal Control Officer/Custodian. Discussion followed as to number and type of vehicles owned by the City. After which, Mr. Johnson moved to authorize the purchase of this vehicle from the low bidder, Koepp Chevrolet, in the amount of $8,086.00. Mr. Howe seconded the motion which carried with the following vote: AYES: Mr. Howe, Mr. Willman, Mr. Johnson NAYS: Mr. Schneider and Mr. Sawyer Mr. Howe said that by the delivery date, pertinent data on vehicles should be available. .' I . .' J' #7 ORDINANCE: The Mayor again pointed out on the map the three areas proposed to be annexed. He then introduced the herein- after set forth ordinance, which has been read and considered at the last regular meeting of the City Council on the 18th day of October, 1977. It was determined that the City Secretary had caused a short synopsis of said proposed ordinance to be publiShed in the official newspaper after its con- sideration at the last regular meeting of the City Council and prior to this meeting. Where upon said ordinance was discussed and further considered by the Council. Thereupon it was moved by Mr. Schneider and seconded by Mr. Willman that said ordinance be finally passed and adopted. The Mayor put the motion to a vote of the members of the Council and the ordinance was finally passed and adopted by the following vote: AYES: Mr. Howe, Mr. Willman, Mr. Schneider, Mr. Sawyer and Mr. Johnson NAYS: None ORDINANCE NO. 77-A-12 AN ORDINANCE SETTING A TIME, DATE AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED ANNEXATION OF THREE CERTAIN TRACTS OF LAND CONTAINING 144.0 ACRES, 31.34 ACRES AND 73.08 ACRES RESPECTIVELY, OUT OF COMAL AND GUADALUPE COUNTIES, BY THE CITY OF SCHERTZ, TEXAS, AND AUTHORIZING AND DIRECTING THE CITY SECRETARY TO PUBLISH NOTICE OF SUCH PUBLIC HEARING. ". 73 #8 ORDINANCE: The Mayor introduced the hereinafter set forth ordin- ance, which was read in full by the City Manager. Mr. Howe moved that said ordinance be considered by the Council. Mr. Johnson seconded the motion which carried by the following vote: AYES: Mr. Howe, Mr. Willman, Mr. Schneider, Mr. Sawyer and Mr. Johnson. NAYS: None CJ: ~ Whereupon Mr. Howe moved that said ordinance be further considered at the next regular meeting of the City Council to be held on the 15th day of November which motion was seconded by Mr. Johnson and which carried by the fc 11 owi ng vote: - AYES: Mr. Howe, Mr. Willman, Mr. Schneider, Mr. Sawyer and Mr. Johnson NAYS: None ~-~ ~..... .......-' .:.;u AN ORDINANCE DETERMINING AND FIXING THE MAXIMUM SCHEDULES OF RATES TO BE CHARGED BY THE GUADALUPE VALLEY ELECTRIC COOPERATIVE IN THE CITY OF SCHERTZ, TEXAS FOR ELECTRICITY AND ELECTRICAL SERVICES FURNISHED BY IT TO RESIDENTAL AND COMMERCIAL CONSUMERS; CON- TAINING DEFINITIONS; FIXING THE EFFECTIVE DATE OF THESE CHANGES; MAKING MISCELLANEOUS PROVISIONS AND REPEALING ALL ORDINANCES'IN CON FLI CT. #9 POLICY LETTER: The Mayor introduced a policy letter concerning employment in the City Manager position, and asked if this policy was essentially what was discussed by Council. After dis- cussion, there were two provisions added to the policy, shown in Policy Letter No. 77-P-6. Mr. Sawyer moved to accept the policy letter with the two additions of the Mayor's. Mr. Schneider seconded the motion which carried with the following vote: AYES: Mr. Howe, Mr. Willman, Mr. Schneider, Mr. Sawyer and Mr. Johnson. NAYS: None #10 LEGAL MATTERS: There were no items to be discussed with the City Attorney, who mentioned that the Jupe case has been transferred to Guadalupe County and he is now waiting for a date. #11 WATER AND SEWER SYSTEM: Council discussed with Mr. ,Gaddis several subjects on the Water and Sewer System, such as the need for a long range study for a 3-tier water system, a new well, additional storage, etc. ' Mr. Chambless asked what would happen if the water level of the U.C. tank was raised to the height of the Deer Haven tank and why not increase storage capacity of the Deer Haven facility. Mr. Gaddis explained that you can only get so much water through existing lines. Mr. Graham suggested Council set three priorities; namely, water supply, distribution and maintenance. He considers the U.C. well most important and would hate for the City to even consider selling it. He said that in the ... 14 last legislature a bill only missed being passed by 6 votes to have to get permit to drillin the acquifer. He also suggested appointing a citizen committee to work with the Council on this subject. Mayor Bueker said he WOUJd~~ the suggestion of a citizen committee into consideration. Wfth reference to W&S main extension policy, main extension on Pecan Drive, Capital Improvements and water rate review, these should be given to a committee to study and bring their findings back to the Council. Mr. Howe moved to authori ze andl;di rect the City Manager and City Engi neer to locate land and obtain costs of that and drilling of a well and come back to the Council with these figures. Mr. Schneider seconded the motion which carried with the following vote: AYES: Mr. Howe, Mr. Willman, Mr. Schneider, Mr. Sawyer and Mr. Johnson NAYS: None It was also discussed that the existing ordinance should be used with reference to the water and sewer extension on Pecan Drive. As far accept- ing the sewer line to Dobie Middle School from CCMA, the Mayor asked Mr. Graham why the City should accept this line. Mr. Graham said that CCMA's co~tract with the City does not allow them to be in the collection system. After further discussion, the Mayor asked Mr. Arnold to get figures for cost analysis so that a decision can be made at the next regular meeting of the Counci 1. #12 ANNUAL REPORT: Council reviewed a proposed annual report, which is to be printed for distribution to citizens. There was some discussion as to contents of this report to include such things as the City sponsored 4th of July Jubilee. #13 COMMUNITY DEVELOPMENT: Mr. Arnold briefed the Council on the financial status and budget of the Community Development Funds. #14 PAYMENT ESTIMATE: After discussion, Mr. Schneider moved to approve payment estimate #3 to Mayfield Company, in the amount of $10,418.18. Mr. Howe seconded the motion which carried with the following vote: AYES: Mr. Howe, Mr. Willman, Mr. Schneider, Mr. Sawyer and Mr. Johnson. NAYS: None #15 PAYMENT ESTIMATE: Council discussed payment estimate #8 to O.A. Fessenden for the Communitv Oenter in the amount of $7~092.16. There was discussion of the zero retainage and some of the other figures; therefore, it was decided to get clarification of these figures and hold this item until the next regular meeting of the Council. 75 #16 PAYMENT ESTIMATE: After discussion, Mr. Schneider moved to approve payment to O.A. Fessenden for the Municipal Complex in the amount of $55,566.99. Mr. Sawyer seconded the motion which carried with the following vote: AYES: Mr. Howe, Mr. Willman, Mr. Schneider, Mr. Sawyer and Mr. Johnson NAYS: None #17 PAYMENT ESTIMATE: Coancil discussed accepting the Southside Project and approving payment (final). Council was not satisfied that all corrections were made so deferred this item until the ~ check sheet is completed. ~ ~ #18 NEWSLETTER: Council approved the proposed newsletter for October '~ with the addition of Councilman Willman's name being ::J WJ added. #19 GENERAL DISCUSSION: Mr. Schneider asked what if anything has been done to correct the hazardous condition of the exit at the Schertz State Bank. Mr. Arnold said the original agreement with Mr. Allen does not seem to be honored by the present manager or president of the bank. Mr. Schneider also asked if the corrected signs for Zuehl Road have been re- ceived and was told they have not. He also wanted to know about the signs for the front of Beck's store. Mr. Arnold said they are being made now. Mr. Schneider thanked the City Manager for setting priorities for the Street and Parks Departments. Mr. Sawyer said he had given a second letter to the Council concerning his riding with the police; and he would have one more coming later. He had also attended the library committee meeting and feels the City is going to be asked for substantial support soon. Mayor Bueker briefed the Council on the latest information concerning Shawn Charities operation of bingo, saying they are in debt to the IRS for the last five years' profit derived from bingo. Mr. Arnold briefed the Council on the End of Year Budget report, stating he had briefly gone over it and found there are some apparent errors, which he will check and report on at the next meeting. It was Council agreement to hold open house on both new buildings at the same time on a Saturday, the date to be determined later. Mr. Arnold also briefed the Council on the additional costs for installation of a telephone system for the new buildings as told to him by phone represen- tatives. #20 ADJOURNMENT: On a motion by Mr. Schneider, seconded by Mr. Sawyer, and unanimously carried, the meeting was adjourned at 12:15 P.M. ATTEST: (]fL.,. ,~. k~ Ci~se~tary, City of Schertz ~~- Mayor, City of Schertz, Texas