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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: ::\J ...... AYES: Councilmembers Howe, Hyatt, Schneider, Sawyer and Johnson NAYS: None '.... .",.,) .,... ..~... ~ 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. Ifj~ 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: I 01. - n 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. I 0 (/~< ?fI 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 15'3 . 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. :\} ~ #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 /c1. ?t1 #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 II~-?~ 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 11/ - '/ ~ 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. . l54 I ':J-?~ 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 .. '-- #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: I \ ~ -I)~ 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. , I ~ - '>~ #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. 155 #15 ADJOURNMENT: On a motion by Mr. Howe, duly seconded and unanimously carried, the meeting adjourned at 9:58 P.M. ~~/ Mayor, City of Schertz, Texas ATTEST: .- , ..:; ~,... ......~~ ~ ~.Jj.~~ Ci t?cretary, Ci tfOf Schertz ::J. :'J 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. '.,' \. #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. ~/~ ~.-4..; Mayor, City or-schertz~~as ATTEST: ~"d~i,k~ c~secretary,''tity of Schertz