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ccreg-12-06-1977 '84 Mr. Jacobson asked about the drainage between Village II and III and was told this project is also in a project overrun. Mr. Howe suggested that drainage should be #1 priority for the coming year. Mayor Bueker asked Mr. Farr to have ready prior to the next Regular Meeting of the Council a presentation of all continuing projects with cost figures. There being no further input from citizens, Mayor Bueker declared the Public Hearing closed at 7:30 P.M., stating that there would be another Public Hearing on this subject December 20, 1977. /-LJrt'h&~. ~ Mayor, City of Schertz, Texas ATTEST: (1~ )j - knl}~JL/ Cit~ecretary, City of Schertz REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 1,977 The Schertz City Council convened in Regular Session Tuesday, December 6 1977 at 7:20 P.M. in the Council Chambers of the Municipal Building, 1400 Live Oak Road with the following 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, Asst. City ~anager Hal Baldwin, City Attorney Richard W. Harris and City Secretary June G. Krause. #1 APPROVAL OF MINUTES: A. Mr. Schneider moved to approve the minutes of the Regular Meeting of Mr. Sawyer seconded the motion which November 15, 1977 as presented. carried with the following vote: AYES: Mr. Howe, Mr. Willman, Mr. Schneider, Mr. Sawyer and Mr. Johnson NAYS: None B. Mr. Willman pointed out that no caption of the ordinance was in the minutes of the November 22 Special Meeting under Item No. 1 and asked that it be inserted as follows: AN ORDINANCE SETTING A TIME, PLACE AND DATE FOR A PUBLIC HEARING ON THE PROPOSED ANNEXATION OF THREE CERTAIN TRACTS OF LAND CONTAINING 144.0 ACRES, 31.34 ACRES AND 73.09 ACRES RESPECT- IVELY 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 85 Mr. Howe moved to approve the minutes of the Special Session of November 22, 1977 as corrected. Mr. Willman seconded the motion which carried with the following vote: AYES: Mr. Howe, Mr. Willman, Mr. Schneider, Mr. Sawyer and Mr. Johnson NAYS: None ~ ";\J .-.. .~ :.., .~ #2 HEARING OF RESIDENTS: The following citizens wished to speak on agenda items as listed: Marge Rakowsky #6; Jane Gordon #6; Ruth Tienor #6; Dona Grainger #6; Barbara Hughes #6; Harriet Lipps #6; Mary Neely #6; Tom Harm #7;: Marian VanderWaal #7; Evelyn Wills #7; Douglas Mikus #6; and Darwin Peek #13. #3 P&Z MINUTES: Mr. Schneider moved to approve the minutes of the P&Z Meeting of November 9, 1977 as presented. 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 #4 P&Z APPOINTMENT: Mayor Bueker introduced the name of Jack Stomackin for the P&Z Commission member as recommended by the P&Z Commission members. Mr. Howe moved to appoint Jack Stomackin of 521 Wright Avenue, as a member of the Planning & Zoning Commission. 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 #5 PERSONNEL BOARD APPOINTMENT: Mr. Johnson moved to appoint Gail Hyatt as a member of the Personnel Board. Mr. Howe seconded the motion. Mr. Arnold explained that he felt it would not be proper courtesy to ask a former Council member to have to submit an application to a City Committee. The Mayor then called for a vote on the motion which carried as follows: AYES: Mr. Howe, Mr. Willman, Mr. Schneider, Mr. Sawyer and Mr. Johnson. NAYS: None #6 LIBRARY PRESENTATION: Ruth Tienor, speaking for the fourteen members of the Community Public Library Committee, gave a very interesting and informative report of the committee's activities to date. Their first approach was in the form of going to the citizens with a petition for support. They presented the Council with the petition that had 1247 sig- natures in favor of a library for Schertz. The second objective was to contact schools and businesses asking for their support; and the third action was to gather all available information concerning the beginning of a small library. This information consisted of the need for a building so the committee was asking the Council for the old City Hall building at this time with utilities and maintenance coming from the City budget. The report also contained ~6 sources for obtaining books, reference materials etc. with help of District 10 Library System of the Texas Library System. They also pre- sented the Council with a very complete report giving information on the needs, and deslres along with names of volunteers and letters of support. There followed a question and answer period by the Council on the in- formation presented. Mrs. Radowsky, Kay Sherman, Jane Gordon, Mary Neely, Barbara Hughes, Harriet Lipps and Douglas Mikus all spoke of the need and their desire to have a library in Schertz. Mr. Tom Yarling also spoke in favor of a library and offered a challenge to the citizens to support the efforts of this group and he offered his music library as well as personal books. After more consideration and questions by the Council, Mayor Bueker thanked and complimented the Committee on their well worked up report and presen- tation. He also asked the Council to consider one of their member as a permanent member of the Library Board. #7 BUILDING USAGE: Before Council considered buildings usage, Mayor Bueker asked the citizens who had reserved time for this item to speak. Mr. Tom Harm, representing Buffalo Valley Youth Association (BVYA) referred to a letter to the Council dated August 11, in which BVYA had asked for the old Community Development office at 401 Oak Street for their use for equipment storage. He said the building would serve their needs without the use of heat or air conditioning and he could foresee no additional space being required in the future. Mrs. VanderWaal said she was present only to back up t1r. Harm's BVYA request. Council referred to a memo from the City Manager dated December 5th in which he recommended the old Police Department for SAFES (which was really resolved during budget sessions); the old City Hall building for a library; old Community Development office for the Federal Assistant program (the City has a signed contract with them to furnish floor space and utilities) and the old Council Chamber$ for BVYA. He also said he would determine what facilities could be used for the Welfare Director and Senior Citizens. Mr. Schneider moved to follow the City Manager's recommendations on allot- ment of building usage as stated in his memo to the City Council dated December 5, 1977. Mr. Sawyer seconded the motion. There followed discussion concerning the request by the Cibolo Valley Jaycees and need for a place for the Schertz Welfare Department. Mr. Tom Harm said the BVYA would be more than willing to work out something with the Jaycees. Also the Council discussed the request of the Senior Citizen Club, who wanted the exclusive use of the old Council Chambers; however, it was brought out that the present Elderly Housing Unit and the soon to be completed new Elderly Housing Unit both have rooms the Seniors could use. If they outgrow these rooms, then they can use the new Community Center. 87' Mayor Bueker then called for a vote on the motion before the Council, which motion carried with the following vote: AYES: Mr. Howe, Mr. Willman, Mr. Schneider, Mr. Sawyer, and Mr. Johnson NAYS: None ~ ~ ...... .~ :.~ ~ 18 PAYMENT ESTIMATE: Council discussed the acceptance of project of streets and curbs in the Southside Project and paying the final payment estimate to New Paving Company. Some of the Council were still not satisfied with the project. Mr. Arnold said that if the con- tractor lived up to the contract, then we have no one to blame but ourselves or the engineer. Mayor Bueker recommended waiting for a decision until the meeting of December 20th on the basis of the driveways chipped out and see what the engineer says. Mr. Schneider moved to table this item until the meeting of December 20th. 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 #9 CCMA: Mr. David Dennis, 208 Coordinator for CCMA, was unable to attend this meeting but asked that if the Council had any questions on his letter to them, please call him. #10 ORDINANCE: The Mayor introduced the following captioned ordinance which was read in full by the City Manager. Mr. Howe moved that said ordinance be considered by the Council. Mr. Willman seconded the motion which was carried by the following vote: AYES: Mr. Howe, Mr. Willman, Mr. Schneider, Mr. Sawyer and Mr. Johnson NAYS: NONE The following captioned ordinance was then discussed and full considered by the Council: AN ORDINANCE PROVIDING FOR THE EXTENSION OF THE BOUNDARY LINES OF THE CITY OF SCHERTZ, TEXAS BY THE ANNEXATION OF THREE CERTAIN TRACTS OR PARCELS OF LAND CONTAINING 144.0 ACRES, 31.34 ACRES AND 73.09 ACRES RESPECTIVELY OUT OF COMAL AND GUADALUPE COUNTIES. Whereupon Mr. Howe moved that said ordinance be further considered at the next regular meeting of the City Council to be held on the 20th day of December, 1977, which motion was seconded by Mr. Willman and which carried by the following vote: AYES: Mr. Howe, Mr. Willman, Mr. Schneider, Mr. Sawyer and Mr. Johnson NAYS: None #11 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 dis- cussed and considered. The Mayor put the motion to consider said ordinance as an emergency measure to the members of the Council and said motion was approved 88 and adopted by the following vote: AYES: Mr. Howe, Mr. Willman, Mr. Schneider, Mr. Sawyer and Mr. Johnson. NAYS: None 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 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 ORDINANCE NO. 77-F-l~ AN ORDINANCE AMENDING SECTIONS 19-46 (a) AND 19-47 OF THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS; PROVIDING FOR THE PUBLI- CATION OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. #12 ORDINANCE: The Mayor introduced the following captioned ordinance which was read in full by the City Manager. Mr. Howe moved that said ordinance be considered by the Council as an emergency mea- sure, which motion was seconded by Mr. Schneider. Whereupon said motion was fully discussed and considered. 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 by the following vote: AYES: Mr. Howe, Mr. Willman, Mr. Schneider, Mr. Sawyer and Mr. Johnson NAYS: None The Mayor then introduced the hereinafter set forth ordinance as an emergency measure. Thereupon it was moved by Mr. Howe and seconded by Mr. Schneider that said ordinance be finally passed and adopted. The Mayor 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 ORDINANCE NO. 77-M-l& AN ORDINANCE AMENDING SECTION 2-2 OF THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS, AND DECLARING AN EMERGENCY. #13 WATER SERVICE: Mr. Darwin Peek reiterated his written request to lay a water line from the City's main to his property (outside the City limits) at his own expense. There are other properties that would have to be traversed to get to Mr. Peek's property. He said he has had considerable trouble with his well and has to haul his drinking water now. Also said he was willing to lay the line whichever way the Council thought best - through the three properties or along Live Oak Road to Maske Road to his property. 89 Council thoroughly discussed the various possibilities such as legality of selling outside the city limits, the easements required for such a service, the fact that another owner in the area wants water and would have to come off this same service and the ordinance forbids a customer from selling water. Mr. Arnold said that this is not a new request, that he and Mr. Peek have talked for a long time about this. After further discussion, Mr. Howe moved to let Mr; Peek tie into the City water system with the most economical route, complying with all City ordinances and using a 2" line as requested. Mr. Johnson seconded the motion. ~ ~ ....... '~ ~ CJ..:J Mr. Arnold asked if his interpretation of this motion means that he is to work with Mr. Peek and the City Attorney and come back to the Council as soon as something is resolved, perhaps by the meeting of December 20th, was correct and was told that it was. The Mayor then called for a vote on the motion before the Council, which motion carried with the following vote: AYES: Mr. Howe, Mr. Willman, Mr. Schneider, Mr. Sawyer and Mr. Johnson NAYS: None #14 PERSONNEL: Mr. Howe moved, with regret, to accept Mr. Denny Arnold's resignation as City Manager. Going on to say that Mr. Arnold has been level headed and a real credit to the City. 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 #15 PAYMENT ESTIMATE: After discussing the request for payment estimate for the Municipal Building and the check list remaining to be done, Mr. Howe moved to approve Payment Estimate #9 to O. A. Fessenden on the Municipal Complex building in the amount of $27,202.93. Mr. Willman seconded the motion which carried with the following vote: AYES: Mr. Howe, Mr. Willman, Mr. Schneider, Mr. Sawyer and Mr. Johnson NAYS: None #16 PAYMENT ESTIMATE: Mr. Howe moved to authorize final fee payment to Hesson and May Associates for the Municipal Building in the amount of $9,696.67. Mr. Johnson seconded the motion which carried with the following vote: AYES: Mr. Howe, Mr. Willman, Mr. Schneider, Mr. Sawyer and Mr. Johnson NAYS: None #17 NEWSLETTER: The Council review the proposed newsletter for the month of November, adding items on book contributions for the library, appointment of Board members and an article on the ordinance concerning not sending out letters prior to turn-off. Also a paragraph about Mr. Arenas being appointed Utility Superintendent and thanking everyone for participating in the City Open House. -'90 #18 GENERAL DISCUSSION: A. Mayor Bueker briefed the Council on the Capital Improvements Committee, saying he has appointed four members as of this date; namely Jesse Graham, Frank Duseck, Ed Sharpe and Walter Schertz. He also said he would like to have Council consent to have the findings of the Committee gone over by a dis- interested engineer before being presented to the Council. Mr. Schneider recommended Mr. Dick Chambless for the Committee and Mayor Bueker suggested ex-City Utility Superintendent Fred Rowell for the com- mittee. Council agreed to the addition of these two names. B. Mr. Arnold said that concerning the Dobie Middle School Road policy, he and Mr. Gaddis had contacted the engineer for Mr. Von Scheele and asked him to supply the required data for this meeting. As of this date, even after a second contact with him, he still has not complied. ., Mayor Bueker said the only way to get off center is for the City to nullify the resolution with the County and Mr. Von Scheele and let the County build whatever road they can. If at the time of subdividing the property, the road is not in compliance with the subdivision orindance, then the City would not accept dedication. Citizens, representing Greenfield Association, spoke to the Council wanting something to be done immediately to get the road built. The Mayor again explained that there is nothing the City can do at this time but back off and for them to try to get the School District involved in paying for condemnation, if Mr. Von Scheele will not donate the land. As no positive action can be taken at this time, Mayor Bueker suggested this item be put on the next agenda, giving Mr. Von Scheele just so much time to get with the City, then nullifying the resolution if he does not. C. Mr. Willman - (1) stated that small pea gravel had been placed in back of the sjdewal ks on Mitchell and Aviation and it is not holding. He suggested that crushed rock be placed there such as was done on Brooks, which is holding fine. (2) Mr. Willman also asked if the street sweeper could not be used to at least sweep the city streets once a month. Mr. Arnold said that with one man short in the department, there was no way the street-sweeping schedule could be maintained as there are just so many manhours available. It was suggested that the priority system for this department be changed to allow the streets to be swept once a month. Mr. Graham, Street Superintendent said that if the street is so dirty it constitutes a heal hazard, then his men clean it. A health hazard was defined as excessive glass, etc. (3) Mr. Willman also asked if the water line replacement is going to be finished on Mitchell and Avaition in time for the contractor to finsih the sidewalks in that area and was told it should be finished but Mr. Arnolds feels the contractor will ask for an extension. D. Mr. Schneider recommended the Council have an Executive Session as soon as possible to formulate plans for taking applications for the City