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ccreg-05-02-1978 -- -'. :\l ....... ~~ - !l'-'".~ .....-' CJ.J 145. SPECIAL MEETING OF THE CITY COUNCIL APRIL 29, 1978 The Schertz City Council convened in Special Session, Saturday, April 29, 1978 in the Conference Room of the Municipal Complex, 1400 Live Oak Road with the following members present: Mayor Robert C. Bueker, presiding; Mayor Pro Tern Walter F. Schneider, Richard L. Howe, Gail Hyatt, Earl W. Sawyer and Earl Johnson. Also City Manager Walter W. Hill Jr, and Ass~. City Manager Hal Baldwin. #1 BUDGET WORKSHOP: The Workshop was called to order at 10:30 A.M. #2 ADJOURNMENT: On a motion duly made and seconded and carried unanimously, the meeting adjourned at 6:15 P.M. ~L-C:- ~~ Mayor, City of Schertz, Texas ATTEST: c=}IA_q. J1J~n~~n. c~ecretary, Crty of Schertz REGULAR MEETING OF THE CITY COUNCIL MAY 2, 1978 The Schertz City Council convened in Regular Session, Tuesday, May 2, 1978 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 Tern Walter F. Schneider, Richard L. Howe; Gail Hyatt, Earl W. Sawyer and Earl Johnson. Also City Manager Walter W. Hill, Jr., and City Secretary June G. Krause. #1 APPROVAL OF MINUTES: A. Mr. Howe moved to approve the minutes of the Special Meeting of April 15, 1978. Mr. Sawyer seconded the motion which carried with the following vote: AYES: Councilmembers Howe, Hyatt, Schneider, Sawyer and Johnson NAYS: None B. Mr. Schneider moved to accept the minutes of the Special Meeting of April 17, 1978 as written. Mr. Howe seconded the motion which carried with the follow- ing vote: AYES: Councilmembers Howe, Hyatt, Schneider, Sawyer and Johnson NAYS: None 146 C. Mr. Sawyer moved to accept the minutes of the Regular Meeting of April 18, 1978 as presented. Mr. Johnson seconded the motion which carried with the following vote: AYES: Councilmembers Howe, Hyatt, Schneider, Sawyer and Johnson NAYS: None D. Mr. Schneider asked the minutes of the Special Meeting of April 26, 1978 be corrected to show that Earl Johnson was present. Mr. Schneider then moved the minutes of the Special Meeting of April 26, 1978 be accepted as corrected. Mrs. Hyatt seconded the motion which carried with the following vote: AYES: Councilmembers Howe, Hyatt, Schneider, Sawyer and Johnson NAYS: None #2 HEARING OF RESIDENTS: Mr. Jesse Graham asked to speak on item #7 and #8. Before any other citizen asked to be heard on item #7, Mayor Bueker read from the Zoning Ordinance the following: "After receipt of the recommendations of the Planning and Zoning Commission, the City Council shall at either a regular or a special meeting act upon the proposed changes, amendments or Specific Use Permits. Although such meeting is open to the public no proponent or opponent to a proposed zoning change, amendment or specific use permit shall be permitted to be heard", Article III, Section 12.3.8. All property owners within 300 feet of the property to be discussed in item #7 were mailed letters inviting them to the public hearing (held previously) -- where they could have voiced their opinions. #3 BID AWARD: The City Manager said he had checked on the low bidder, Bruce Contracting Comapny, for the Street Improvements and Parking Area and received nothing but good recommendations. There were four bids received: (1) Bruce Contracting Company - $52,374.34; (2) Olmos Equipment Company - $58,108.34; (3) Joe F. Morales Contracting - $66,791.09; and (4) Ralph Gray Contracts, Inc. - $73,372.80. Mr. Schneider moved to award the contract to Bruce Contracting Company in the amount of $52,374.34. Mr. Johnson seconded the motion which carried with the foll owi ng vote: ~ t.\ -?~ AYES: Councilmembers Howe, Hyatt, Schneider, Sawyer and Johnson NAYS: None #4 BID AWARD: The City Manager explained that only one bid was received for the Restroom Facilities - G. W. Pickrell Park; namely Alamo Lumber Company. Their bid includes doors, which was not on the speci- fications although the restrooms now in the park have doors. After discussion Mr. Sawyer moved to continue to go out for bids in order to have a better competitive bid. Mr. Schneider seconded the motion. 1'4-1,' Mr. Hill pointed out that we would have to start allover because if there was a continuance, it would negate the Alamo bid and they are the only ones who even came to look at the facility. The Mayor then called for a vote on the motion before the floor and the motion failed with the following vote: ':h :'-J ~ rl-\ -' :;J ~ AYES: Mr. Schneider and Mr. Sawyer NAYS: Mr. Howe, Mrs. Hyatt and Mr. Johnson Mr. Howe then moved to accept the bid from Alamo Lumber Company to include the doors, in the amount of $6,778.00. Mr. Johnson seconded the motion which carried with the following vote: q~~1et AYES: Mr. Howe, Mrs. Hyatt and Mr. Johnson NAYS: Mr. Schneider and Mr. Sawyer #5 BID AWARD: The City Manager said that three bids were received on Vending Machine/Concession for City Park Swimming Pool; namely - Patrick OIFerrell (Tom's) - 2 snack machines with 10% straight Commi- sion; Acme Vending Services, Inc. - 1 can drink, 1 candy and 1 chip/pastry machines with 10% net sale commission; and Buffalo Valley Development Corp. for 1 cold drink, 1 snack and 1 candy machines for a 15% of gross commission. He recommended Buffalo Valley Development Corp. 's bid. 1(. ~ ?? Mr. Sawyer moved to accept the bid of Buffalo Valley Development Corp. for 1 cold drink, 1 snack and 1 candy machine with daily service and 15% gross commission. Mr. Schneider seconded the motion which carried with the following vote: AYES: Councilmembers Howe, Hyatt, Schneider, Sawyer and Johnson NAYS: None 9/-?? #6 ORDINANCE: The Mayor introduced the following captioned ordinance which has been read and considered at the last regular meeting of the City Council on the 18th day of April, 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. Sawyer and seconded by Mr. Schneider that saild ordinance be finally passed and adopted. The Mayor put the motion to a vote of the members of the CHy Council and the ordinance was finally passed and adopted by the following vote: AYES: Councilmembers Howe, Hyatt, Schneider, Sawyer and Johnson NAYS: None 'it({< )~ ORDINANCE NO. 78-T-9 AN ORDINANCE APPOINTING A BOARD OF EQUALIZATION FOR THE CITY OF SCHERTZ, TEXAS AND FIXING THE TIME FOR THE MEETING OF SUCH BOARD. 148 #7 P&Z RECOMMENDATIONS: The Mayor again explained to the general public why they could not be heard on this item; namely, the rezoning of the Koch property on Live Oak Road from R-2 Single Family Dwelling District to G.B.General Busines District. He also explained that a public hearing held jointly by the Planning and Zoning Commission and the City Council was held, with letters going to all property owners within the required 300 feet of this property and only one letter was returned undeliverable. After Council consideration, Mr. Schneider moved to return this request to the Planning and Zoning Commission and if feasible for them to consider re- zoning the property to R-2 with the exception of 200 feet back from Live Oak Road which would be General Business designation. Mr. Sawyer seconded the motion. Further discussion followed, after which Mr. Schneider withdrew his motion and Mr. Sawyer withdrew his second. Mr. Sawyer then moved that a legal opinion be rendered on paragraph 10.5 of Section 10 and paragraph 12.4 and 12.5 of Section 12, Article III of the Zon- ing Ordinance and bring back on the next regular meeting agenda. Mr. Schneider seconded the motion, which carried with the fOllowing vote: qq- ?f AYES: Councilmembers Howe, Hyatt, Schneider, Sawyer and Johnson. NAYS: None #8 CHARTER REVIEW COMMITTEE: Mr. Jesse Graham was allowed time to speak and he said he was opposed to the appoint- ment of Mr. Troberman to this committee as he felt the man would be too ~ biased. After Council discussion of the merits of both candidates to the committee, Mr. Howe moved that Mr. Eugene McCabe and Mr. Rick Troberman be appointed to the Charter Review Committee. Mrs. Hyatt seconded the motion which carried with the following vote: )Dt>-I)t AYES: Councilmember s Howe, Hyatt, Schneider, Sawyer and Johnson. NAYS: None IOI-1tt #9 BOA: Mrs. Hyatt moved to appoint Mr. Joe Potempa to the Board of Adjustments. Mr. Schneider seconded the motion which carried with the following vote: AYES: Councilmembers Howe, Hyatt, Schneider, Sawyer and Johnson NAYS: None #10 CABLE TV FORMAT: The City Manager introduced the suggested form of ordinance the Committee had presented, saying that they only wanted tentative approval of the format at this time. Mr. Hal Baldwin addressed the Council as a member of this committee. After discussion, Mr. Schneider moved to table this item until the next 1'49. Work Session where it could be thoroughly discussed. Mr. Sawyer seconded the motion which carried with the following vote: AYES: Councilmembers Howe, Hyatt, Schneider, Sawyer and Johnson NAYS: None / 0 r; ~ :;~ #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. Mr. Johnson seconded the motion which was carried by the following vote: :h :.\1 AYES: Councilmembers Howe, Hyatt, Schneider, Sawyer and Johnson NAYS: None 1"3-?~ l'""'" '~ The following captioned ordinance was then discussed and fully considered by ~ the Council. w..; AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING SECTION 28 OF ORDINANCE NO. 78-F-7 GOVERN- ING CONNECTION TO THE WATER AND SEWER SYSTEM OF THE CITY OF SCHERTZ, AND REGULATING SAME; PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. Whereupon Mr. Schneider moved that said ordinance be further considered at the next regular meeting of the City Council to be held on the 16th day of May 1978, which motion was seconded by Mr. Johnson and carried by the following vote: AYES: Councilmembers Howe, Hyatt, Schneider, Sawyer and Johnson NAYS: None. ) 01-?~ #12 PERSONNEL POLICY: Mr. Schneider moved to accept the Personnel Policy and Employee Manual as changed. Mr. Sawyer seconded the motion which carried with the following vote: AYES: Councilmembers Howe, Hyatt, Schneider, Sawyer and Johnson NAYS: None 1()6~ '7<( #13 CITY MANAGERIS REPORT: The Manager had nothing to add at this time. #14 ITEMS BY MAYOR: The Mayor had no new items. #15 ITE~S BY COUNCIL: Mr. Schneider asked Mr. Baldwin if he had checked the maintenance and parts availability of the cash registers. Mr. Baldwin said he had called three businesses who had these machines and found all three to have no complaints with the services received. Mrs. Hyatt asked that more newsletter information be given as to what the planning and zoning commission and City Council were working on at the current time. After Council discussion, the Mayor called for a short recess in order for the Council meeting to move to the Conference Room for a short Workshop. J>5U The Workshop was reconvened by the Mayor at 9:05 P.M. Mr. Howe moved the meeting be adjourned at 10:00 P.M. Mrs. Hyatt second- ed the motion which carried unanimously. ATTEST: ~e~ Mayor, 'Clty of Schertz, Texas Q.o~>> ~ Ci~ecretary, Ci~of Schertz SPECIAL SESSION OF THE CITY COUNCIL MAY 15, 1978 The Schertz City Council convened in Special Session, Monday, May 15, 1978 at 7:00 P.M. in the Conference Room of the Municipal Complex, 1400 Live Oak Road with the following members present: Mayor Robert C. Bueker presiding, Walter F. Schneider, Richard t. Howe, Earl W. Sawyer and Earl Johnson. Absent: Gail Hyatt. Also present City Manager Walter W. Hill Jr. #1 WORKSHOP SESSION: Council met in Workshop Session. , ---- On a motion duly made and seconded and unanimously carried the meeting adjounred at 11 :15 P.M. ATTEST: ~;t-e ~L ~ Mayor, City of Schertz, Texas (MA-LL-JJ. ~p C~tary, Cfty of Schertz