ccreg-05-16-1978
151
REGULAR MEETING OF THE CITY COUNCIL
MAY 16, 1978
The Schertz City Council convened in Regular Session Tuesday, May 16, 1978
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., Asst. City Mgr. Hal Baldwin,
City Attorney Richard L. Harris and City Secretary June G. Krause.
#1 APPROVAL OF MINUTES: A. Mr. Howe moved that the minutes of the Special
Session of April 29, 1978 be approved as pre-
~ sented. Mrs. Hyatt seconded the motion which carried with the following vote:
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AYES: Councilmembers Howe, Hyatt, Schneider, Sawyer and Johnson
NAYS: None
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B. Mr. Sawyer asked that on item #4 the amount of money in the motion to accept
the bid be corrected to read "$9,778.00". Mrs. Hyatt asked that the following
remarks made by her be inserted right after the statement by Jesse Graham in
item #8. "Mrs. Hyatt said that she disagreed with Mr. Graham, that Mr. Trober-
man was interested enough to run in the last election and she felt there was a
need to get him invol ved in City functions".
Mr. Schneider then moved to approve the minutes of the Regular Meeting of May 2
1978 as amended. Mr. Sawyer seconded the motion which carried with the follow-
ing vote:
AYES: Councilmembers Howe, Hyatt, Schneider, Sawyer and Johnson
NAYS: None
#2 HEARING OF RESIDENTS: Mr. Jesse Graham requested time to speak on
item #4.
Before hearing residents speak on non-agenda itesm, Mayor Bueker clarified
some points concerning the Personnel Board Hearing of Paul LaCombe. First,
the reason that the Council members were not present at the hearings were
that most of them work outside the city and also it is not Council that should
listen to the hearings but the Board itself and then they make their recommenda-
tions to the City Manager, who in turn informs the Council of his determinations.
The Mayor then read the recommendation of the Personnel Board which stated that
the dismissal of Paul LaCombe by the Chief of Police be upheld. The also rec-
ommended that after hearing the evidence brought out about certain aspects of
the Police Department, that the City Manager look into the operation and hiring
policy of that department.
Mrs. Nell Funk, Debbie LaCombe, Mrs. Blackburn, Judy Dietz and Harvey Balcer
all spoke in behalf of Paul LaCombe and asked that an outside investigation of
the Police Department be made.
Mr. Richard Kreutler of the School Board, speaking on the zoning problem, asked
that all correspondence pertaining to the school district be directed to the
Board rather than to individual schools.
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Jim Huntley, County Reserve Officer and Mrs. Doty both spoke in support
of the City Council and Personnel Board.
After these presentations, about half the audience left the meeting. One
of the citizens asked that the record show that concerned citizens then
came in to take their places and stayed for the Council meeting.
#3 BOA: Mr. Schneider moved to appoint Mr. Cecil Tilghman as a member
of the Board of Adjustments. Mr. Howe seconded the motion
which carried with the following vote:
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AYES: Councilmembers Howe, Hyatt, Schneider, Sawyer and Johnson
NAYS: None
#4 P&Z RECOMMENDATIONS: Again Mayor Bueker allowed citizens to be heard
on the recommendation to rezone the Koch proper-
ty from R-2 Single Family to G.B. General Business.
He went on to say that this problem was brought up at a recent work session
and the Council is not satisfied with the wording of one section of the zon-
ing ordinance which is in conflict with the intention of the City at the time
of the widening of Live Oak Road and with the zoning map.
Mr. Rick Troberman spoke as the representative of the people behind the
opposition to the rezoning, saying his group realize there may be a need for
apartments in the City, tiut they do not feel this particular property is the
place for them.
Mr~ Jesse Graham addressed the Council saying that perhaps the real issue
is the looks and condition of the apartment buildings being moved onto another
piece of property close by. He went on to say that perhaps the building code
should be updated to control the aesthetic as well as the structure of buildings.
Several other residents spoke relative to this rezoning.
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After Council discussion, Mr. Sawyer moved that paragraph 10.5 of Section 10,
Article II of the Zoning Ordinance be deleted from the ordinance and the City
Manager be instructed to bring back to Council in the form of an ordinance.
Mr. Howe seconded the motion which carried with the following vote:
AYES: Councilmembers Howe, Hyatt, Schneider, Sawyer and Johnson
NAYS: None
#5 ORDINANCE: The Mayor introduced the hereinafter set forth ordinance
which has been read and considered at the last regular
meeting on the 2nd day of May 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
and prior to this meeting.
Whereupon said ordinance was discussed and further considered by the Council
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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: Councilmembers Howe, Hyatt, Schneider, Sawyer and Johnson
NAYS: None
log-?9
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING SECTION 28 OF ORDINANCE NO. 78-F-7 GOVERNING CONNECTION
OF THE WATER AND SEWER SYSTEM OF THE CITY OF SCHERTZ AND REGU-
LATING SAME; PROVIDING FOR PUBLICATION AND PROVIDING AN EFFEC-
-:J. TIVE DATE.
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~ #6 CABLE TV FORMAT: The City Manager explained that the committee was
~2 only asking for an acceptance in principle of the
~ format of an ordinance for a franchise for cable TV at this time.
Mr. Schneider moved for acceptance in principle of the draft franchise format
for Cable TV. Mr. Sawyer seconded the motion which carried with the follow-
ing vote:
AYES: Councilmembers Howe, Hyatt, Schneider, Sawyer and Johnson
NAYS: None
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#7 ORDINANCE: The City Manager asked that this ordinance be considered
as an emergency. He then read the ordinance in full.
Mr. Schneider moved that said ordinance be considered by the Council as an
emergency measure, which motion was seconded by Mrs. Hyatt. Whereupon said
motion was fully discussed and considered, after which the motion carried
with the following vote:
AYES: Councilmembers Howe, Hyatt, Schneider, Sawyer and Johnson
NAYS: None
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The Mayor then introduced the hereinafter set forth ordinance as an emergency
measure. Thereupon it was moved by Mr. Schneider and seconded by Mrs. Hyatt
that said ordinance be finally passed and adopted. The motion carried with
the following vote:
AYES: Councilmembers Howe, Hyatt, Schneider, Sawyer and Johnson
NAYS: None
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AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AMENDING SECTIONS 7, 11 and 17 OF
ORDINANCE NO. 78-F-7 GOVERNING CONNECTION TO THE
WATER AND SEWER SYSTEM AND REGULATING SAME; PRO-
VIDING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY.
#8 WATER SERVICE REQUEST: Mr. Hill said that the city had a letter
request from Mrs. Sabo for water service on
FM 1518 in the City's ETJ and that the staff is concerned since this is only
a 2" line that serves that area and there are already six services off that
line.
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After Council discussion, Mr. Sawyer moved that based on the recommendation
of the City Manager, this request be denied. Mr. Schneider seconded the
motion which carried with the following vote:
AYES: Councilmembers Howe, Hyatt, Schneider, Sawyer and Johnson
NAYS: None
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#9 CCMA AGREEMENT: The City Manager said he did not hQve the letter
agreement in hand but that he and the CCMA Manager
had worked out a temporary agreement on charges concerning billing procedures
since we have removed the Elbel Road lift station. For a period to end not
later than 1 October, we will be charged on the basis of 70% of water usage.
As this only takes in Greenfield Village, the figure will be relatively easy
to obtain as Mr. Gaddis has a measuring device that can be inserted in a man-
hole.
Mr. Schneider moved to approve in principle the letter agreement as outlined
by the City Manager. Mr. Howe seconded the motion which carried with the
following vote:
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AYES: Councilmembers Howe, Hyatt, Schneider, Sawyer and Johnson
NAYS: None
#10 PAYMENT ESTIMATE: Mr. Hill asked that this item be passed as we
had not received the payment estimate.
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#11 EDA PURCHASE AUTHORIZATION: Mr. Hill explained the monies left in
the EDA grant as the telephone install-
ation was not an eligible item, and asked for authorization to go out for
bids on the antenna for the Police Department.
Mr. Howe moved to authorize the City Manager to advertise for bids for the
relocation of the antenna, with the bid award date to be June 6, 1978.
Mr. Johnson seconded the motion which carried with the following vote:
AYES: Councilmembers Howe, Hyatt, Schneider, Sawyer and Johnson
NAYS: None
#12 CITY MANAGER'S REPORT: The City Manager had no additional items.
#13 ITESM BY MAYOR: Mayor Bueker had no items for discussion.
#14 ITEMS BY COUNCIL: Mr. Schneider brought up that it had been dis-
cussed to place a reserve police officer in the
park at night and on the weekends and wanted to know what had been done in
this respect. Mr. Hill said no positive procedures had been started but he
would take that matter up with the Chief immediately~
Mr. Howe suggested the names and phone numbers of the Planning and Zoning
Commission as well as the Council be published in the monthly newsletters
and news media.
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#15 ADJOURNMENT: On a motion by Mr. Howe, duly seconded and unanimously
carried, the meeting adjourned at 9:58 P.M.
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Mayor, City of Schertz, Texas
ATTEST:
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Ci t?cretary, Ci tfOf Schertz
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SPECIAL MEETING OF THE CITY COUNCIL
MAY 23,1978
The Schertz City Council convened in Special Session, Tuesday, May 23, 1978
at 7:00 P.M. in the Conference Room of the Municipal Complex Building, 1400
Live Oak Road with the following members present: Mayor Robert C. Bueker,
presiding; Richard L. Howe; Gail Hyatt, Walter F. Schneider, Earl W. Sawyer
and Earl Johnson. Also present was Walter W. Hill Jr., City Manager.
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#1 EXECUTIVE SESSION: Mayor Bueker called an Executive Session under
Article 6252-17 VTCS, Section 2(g) as amended.
#2 ADJOURNMENT: On a motion duly made and seconded, unanimously carrying
the meeting adjourned at 8:15 P.M.
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Mayor, City or-schertz~~as
ATTEST:
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c~secretary,''tity of Schertz