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ccreg-04-04-1978 ~ :-J ..- ~~ ~ UJ 1'~~ 1, REGULAR MEETING OF THE CITY COUNCIL APRIL 4, 1978 The Schertz City Council met in Regular Session, Tuesday, April 4, 1978, in the Council Chambers, 1400 Live Oak Road, at 7:00 P.M. with the following members present: Mayor Robert C. Bueker, presiding; Mayor Pro Tern Richard L. Howe; Merwin G. Willman, Walter F. Schneider, Earl W. Sawyer and Earl Johnson. Also City Manager Walter W. Hill Jr., City Attorney Richard W. Harris and City Secretary June G. Krause. #1 APPROVAL OF MINUTES: Mr. Willman moved to approve the minutes of the Regular Meeting of March 21, 1978 as presented. Mr. Schneider seconded the motion which carried with the following vote: AYES: Councilmen Willman, Schneider, Sawyer and Johnson. NAYS: None ABSTAINING: Mr. Howe, as he was not present at that meeting. #2 HEARING OF RESIDENTS: There were no citizens wishing to be heard. Mayor Bueker, however, took this opportunity to deviate from the agenda in order to explain to the citizens about Student Day, which was held this date. He introduced Mayor-for-the-day Connie Sabo Councilmembers-for-the=day Julie Halsey and Debbie Campbell, after everyone listened to a portion of the tape of the Council Meeting the students held earlier in the day. #3 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. Sawyer. Whereupon said motion was fully dis- cussed and considered. The Mayor then put the motion to the members of the Council and said motion was approved and adopted by the following vote: AYES: Councilmen Willman, Schneider, Sawyer, Johnson and Howe. NAYS: None b1 r ?g The Mayor then introduced the hereinafter set forth ordinance as an emergency measure. Thereupon it was moved by Mr. Schneider and seconded by Mr. Sawyer 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: Councilmen Howe, Willman, Schneider, Sawyer and Johnson NAYS: None ~~-:Je ORDINANCE NO. 78-E-5 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE CITY OFFICER ELECTION HELD IN SAID CITY ON THE 1ST DAY OF APRIL, 1978, AND DECLARING AN EMERGENCY. 1 ~l2 #4 SWEARING-IN CEREMONIES: The following newly elected officials were sworn into office by the City Secretary: Mayor - Robert C. Bueker; Councilmembers, Place 1 - Richard L. Howe; and Place 2 - Gail Biegert Hyatt. #5 MAYOR PRO-TEM ELECTION: The Mayor opened the floor for nominations for Mayor Pro Tern. Mr. Sawyer, based on the decision of last year of rotating, nominated Mr. Walter Schneider. Mr. Howe seconded the nomination. As there were no additional nominations, the Mayor called for a vote and Mr. Schneider was elected Pro Tern by the following vote: ~{,;-?~ AYES: Councilmembers Howe, Hyatt, Schneider, Sawyer and Johnson NAYS: None #6 PUBLIC HEARING: The Mayor explained the purpose of the public hearing as being to obtain citizen input pertain- ing to the formulation of needs for 1978 Community Development Discretionary Grant Application. He also informed the citizens that a Citizen Participa- tion Committee had been named, with their next meeting being Monday, April' 10, 1978, where they will gather input from citizens and bring their findings and recommendations to the Council at the next Public Hearing scheduled for April 18. Mr. Dick Chambless asked about the seal coating of streets that has been discussed in the past. The City Manager explained that was not eligible; however, it is on the City's priority list. Mr. Bob Jacobson asked about the project on drainage in the Village, also discussed in the past. The Mayor said as this was a very flat area he would ryave to review the engineer's findings on this subject. Mr. Merwin Willman suggested furnishing utilities to the Mobile Villa area. Mr. Jerry Graham suggested providing animal shelter facilities for the city. Mr. Hill said that staff had suggested the total clearance of the Rittimann Addition and making it a light industry district, which of course would be conditional upon annexation. Mrs. Hyatt suggested new fire truck and was told that was in another grant and was being processed at this time. There being no further citizen input, the Mayor declared the public hearing closed at 7:25 P.M. #7 RESOLUTION: The Mayor introduced the following captioned resolution which was read in full by the City Manager. Mr. Johnson moved the resolution be passed and adopted with Mr. Sawyer seconding the motion which carried with the following vote: V7- ')'6 AYES: Councilmembers Howe, Hyatt, Schneider, Sawyer and Johnson NAYS: None 1331 r-- RESOLUTION NO. 78-R-3 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTA- TION FOR THE PLACEMENT OF PASSIVE WARNING DEVICES AT PUBLIC RAILROAD GRADE CROSSINGS. - #8 ORDINANCE: The Mayor introduced the hereinafter set forth ordinance, which was read and considered at the last regular meeting of the Council on the 21st day of March, 1978. It was determined that the City Secretary had caused a short synopsis of said proposed ordinance to be published in the official City newspaper after its consideration at the last regular meeting of the Council and prior to this meeting. Whereupon said ordinance was discussed and further considered by the Council. Thereupon it was moved by Mr. Howe and seconded by Mr. Sawyer that said ordin- ance be finally passed and adopted. The Mayor put th~ motion to a vote and the oridnance was finally passed and adopted by the following vote: - ...l. ::\} r.:;; rM '-' W AYES: Councilmembers Howe, Hyatt, Schneider, Sawyer and Johnson. NAYS: None t.?- 9g ORDINANCE NO. 78-M-6 AN ORDINANCE OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS, BE AMENDED BY REVISING SECTION 2-47 (a) (3) OF SAID CODE. #9 RESOLUTION: The Mayor intrcrduced the following captioned resolution which was read in full by the City Manager. Mr. Schneider moved this resolution be passed and adopted, which motion was seconded by Mrs. Hyatt and carried with the following vote: AYES: Councilmembers Howe, Hyatt, Schneider, Sawyer and Johnson NAYS: None b~' ?~ RESOLUTION NO. 78-R-4 A RESOLUTION AMENDING SECTION 3 OF THE ATTACHMENT DOCUMENT OF RESOLUTION NO. 77-R-22 ON VEHICLE POLICY #10 ORDINANCE: The Mayor introduced the following captioned ordinance which was read by the City Manager. Mr. Howe moved that said ordinance be considered by the Council. Mrs. Hyatt seconded the motion which was carried by the following vote: AYES: Councilmembers Howe, Hyatt, Schneider, Sawyer and Johnson NAYS: None 7D - ?? AN ORDINANCE AMENDING ORDINANCE NO. 74-M-4; READOPTING SAID ORDINANCE NO. 74-M-4 AS AMENDED; DECLARING THE POLICY OF THE CITY OF SCHERTZ TO BE IN FURTHERANCE OF THE RIGHT OF EACH INDIVIDUAL TO PROVIDE HIMSELF AND 134 HIS FAMILY A DWELLING, INCLUDING THE FINANCING THEREOF, WITHOUT REGARD TO RACE, COLOR, SEX, RELIGION, OR NATIONAL ORIGIN; DEFINING TERMS; ADOPTING REGULATIONS CONCERNING FINANCING OF DWELLING; PROVIDING REGULATIONS CONCERNING BROKERAGE SERVICES; PROVIDING CERTAIN EXEMPTIONS AND EXCLUSIONS; SETTING UP A PROCEDURE FOR THE HANDLING OF COMPLAINTS; OUTLINING THE DUTIES OF THE CITY ATTORNEY AND THE AUTHORITY OF THE ADMINISTRATOR; FORBIDDING IN- TIMIDATION; CONTAINING A SEVERANCE CLAUSE; PROVIDING A PENALTY; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION '11- ?~ Whereupon Mr. Howe moved that said ordinance be further considered at the next regular meeting of the Council to be held on the 18th day of April, 1978, which motion was seconded by Mrs. Hyatt and which carried with the fo 11 owi ng vote: AYES: Councilmembers Howe, Hyatt, Schneider, Sawyer and Johnson NAYS: None #11 ORDINANCE: The Mayor introduced the following captioned ordinance which was read by the City Manager. Mr. Howe moved that said ordinance be considered by the Council as an emergency measure, which motion was seconded by Mr. Schneider. Whereupon said motion was fully discussed and considered. The Mayor then put the motion to consider as an emergency measure to the Council and said motion was approved and adopted by the following vote: 1 d-'jq AYES: Councilmembers Howe, Hyatt, Schneider, Sawyer and Johnson NAYS: None 1 a-?~ The Mayor then introduced the hereinafter set forth ordinance as an emer- gency measure. Thereupon it was moved by Mr. Howe that said ordinance be finally passed and adopted with the inclusion of the penalty and publication clauses suggested by the City Attorney. The motion was seconded by Mr. Schneider and said ordinance was finally passed and adopted by the follow- ing vote: AYES: Councilmembers Howe, Hyatt, Schneider, Sawyer and Johnson. NAYS: None ORDINANCE NO. 78-F-7 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS GOVERNING CONNECTION TO THE WATER AND SEWER SYSTEM OF THE CITY AND REGULATING SAME; ESTABLISHING FEES FOR CONNECTION TO THE SYSTEM; PRESCRIBING FEES TO BE PAID TO THE CITY FOR WATER AND SEWER SERVICES; ALLOWING FOR INSPECTIONS BY THE CITY; PROVIDING FOR PAYMENT OF WATER, SBWER AND GARBAGE BILLS TO THE CITY WITHIN A CERTAIN TIME LIMIT AND PENALTIES THEREAFTER; REPEALING ALL CONFLICTING ORDINANCES; PRO- VIDING A PENALTY FOR VIOLATION OF THIS ORDINANCE; CONTAINING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY 135 #12 P&Z RECOMMENDATIONS: A. Mr. Howe moved to accept the mendations of the P&Z Commission approval of an additional curb-cut request by Thomas R. Steele. seconded the motion which carried with the following vote: AYES: Councilmembers Howe, Hyatt, Schneider, Sawyer and Johnson NAYS: None recom- for Mr. Schneider 71..?g 0': ='J B. The City Manager explained that all that was needed on this item was to decide if the rezoning was desired and if so, to set a Public Hearing date. Mr. Howe moved to set a public hearing for April 26, 1978 on establishing zoning for Mobile Villa Estates and El Rancho Park as MH Mobile Home. Mr. Schneider seconded the motion which carried with the following vote: ,..- ~~ .1-\ "-" CJJ AYES: Councilmembers Howe, Hyatt, Schneider, Sawyer and Johnson NAYS: None 1" ri.... ,;;)'1'1 #13 S.W. BELL RATE REQUEST: The City Manager explained that TML has offered an opportunity for all cities served by S.W. Bell to join in hiring attornies to work as the cities' consultants in the SW Bell rate case, with each city contributing 2-1/2~ per capita (based on 1970 census population). Mr. Sawyer moved to authorize the expenditure of $101.70 for Schertz to be included in the S.W. Bell rate case with TML. Mr. Schneider seconded the motion which carried with the following vote: AYES: Councilmembers Howe, Hyatt, Schneider, Sawyer and Johnson. NAYS: None l{p. ?, #14 BID AUTHORIZATION: Mr. Howe moved to authorize the City Manager to advertise for bids for two cash registers and park restrooms. Mr. Schneider seconded the motion which carried with the , fo 11 owi ng vote: AYES: Councilmembers Howe, Hyatt, Schneider, Sawyer and Johnson. NAYS: None 11- ?~ #15 STARLITE DRIVE-IN: Mr. Hill said he had just received a note that Mr. Larry Patch, new manager of the Starlite Drive-in, had requested this item be removed from the agenda. The item being to discuss with the Council having an open air concert and flea market at the theater. #16 NEWSLETTER: Council requested the following items be included in the March newsletter: animals running at large; the need for support of the library; that Council meetings of all kinds are open to the public; shot clinic; Citizen Participation Committee formed and names and date of next meeting; water billing procedures; note of thanks to Mr. Willman, outgoing Councilmember. 136 #17 CITY MANAGER'S REPORT: Mr. Hill had nothing to report except that he had thoroughly enjoyed working with the students during the day. #18 ITEMS BY MAYOR: Mayor Bueker just informed the Council that finalization of the agreement with John Schaefer had been reached and read them portions of the agreement. #19 ITEMS BY COUNCIL: Mr. Schneider said that he had spent most of the day with the students and he also enjoyed it very much and that most of the credit goes to Mr. Hill. Other Councilmembers also said they enjoyed the day, with Mr. Johnson adding that it was great to know that there were some young people interested enough to be able to take over some day. #20 ADJOURNMENT: On a motion by Mrs. Hyatt, seconded by Mr. Johnson, and unanimously carried, the meeting adjourned at 8:02 P.M. '~~ Mayor, City of Schertz ATTEST: .~._, y Secretary, City of Schertz SPECIAL SESSION OF THE CITY COUNCIL APRIL 12,1978 The Schertz City Council convened in Special Session, Wednesday, April 12, 1978, jointly with the Planning & Zoning Commission, in thel touncil Chambers, 1400 Live Oak Road at 7:00 P.M. with the following Councilmembers present: Mayor Pro Tem Walter F. Schneider, Richard L. Howe, Earl W. Sawyer and Earl Johnson. Absent were Mayor Robert C. Bueker and Councilmember Gail Hyatt. Also present were City Manager Walter W. Hill Jr. and City Secretary June Krause. #1 PUBLIC HEARING: P&Z Chairman Adolph Aguilar explained the purpose of the Public Hearing was to discuss a request by Mr. George Barnard, owner, to rezone Lot 21, Block 45, (602 Brooks) Avia- tion Heights Subdivision from R-2 Single Family District to R-3 Two and Four Family Di stri ct. Mr. Barnard addressed the group giving the rationale for his request as he plans to build a duplex on this lot. There were no questions from either the Planning and Zoning Commission or the Council.