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ccreg-09-05-1978 190 REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 5, 1978 The Schertz City Council convened in Regular Session, Tuesday, September 5, 1978 at 7:00 P.M. in the Council Chambers, 1400 Live Oak Road with the following members present: Mayor Pro Tem Walter F. Schneider, presiding; Richard L. Howe, Gail Hyatt, Earl W. Sawyer and Earl Johnson. Absent: Mayor Robert C. Bueker. Staff present: City Manager Walter W. Hill Jr.; Assistant City Manager Hal Baldwin and City Secretary June G. Krause. #1 APPROVAL OF MINUTES: A. Mr. Howe moved to approve the minutes of the Joint Meeting with the Citizen Parti- cipation Committee of August 14, 1978. Mrs. Hyatt seconded the motion which carried with the following vote: AYES: Councilmembers Howe, Hyatt, Sawyer and Johnson. NAYS: None B. Mr. Howe moved to approve the minutes of the Regular Meeting of August 15, 1978. Mr. Sawyer seconded the motion which carried with the following vote: AYES: Councilmembers Howe, Hyatt, Sawyer and Johnson. NAYS: None C. Mrs. Hyatt asked that the minutes of the Special Meeting of August 22, 1978 show that under item #1, that if Mr. Burris again requests rezoning of the lot in question, he should be present at that meeting. Mr. Sawyer moved to approve the minutes of the meeting of August 22, 1978 as amended. Mr. Howe seconded the motion which carried with the following vote: AYES: Councilmembers Howe, Hyatt, Sawyer and Johnson. NAYS: None ' #2 HEARING OF RESIDENTS: Mr. Jerry Lovelady requested to speak on item No. 3 B. #3 PUBLIC HEARING: There were approximately 39 ,citizen? present for the publiC hearings. A. The Mayor Pro Tern explained the purpose of this portion of the public hearing was to receive citizen input regarding the annexation petition for Rittimann Addition. Mr. and Mrs. Jackson of the Anderson Addition Estate portion of the area peti- tioned for annexation spoke against the annexation. Ralph Castilla, Mary Garcia and Don Holman all spoke for the annexation or had no objection to it. At the request of Mr. Howe, a hand vote was taken which showed that 18 of those citizens present favored the annexation with 3 people being against it. This public hearing was declared closed at 7:30 P.M. by Mayor Pro Tern Schneider who then opened the public hearing on item B - Budget. 1,91 Mr. Hill gave three recommended changes to the proposed budget that had come about since the last budget meeting, which action increased the General Fund Revenues to $657,382 - Administrative expenditures to $94,552 - Streets and Parks expenditures to $117,818 and total expenditures to $657,327. Mr. Lovelady, who had requested time, said that he did not see the necessity of a Public Works Director and asked who was doing this particular work at the present time. Council said that the superintendents of the Water and Sewer and Streets and Parks were performing in part these duties. . ~ :\J There being no further questions, Mayor Pro Tern Schneider declared the public hearing closed at 7:40 P.M. .... '-' ~ w #4 ORDINANCE: The Mayor Pro Tern 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 measure, which motion was seconded by Mrs. Hyatt. Whereupon said motion was fully discussed and considered. The Mayor Pro Tern put the motion to the members of the Council and said motion was approved by the following vote: AYES: Councilmembers Howe, Hyatt, Sawyer and Johnson. NAYS: None ) S.5-?p The Mayor Pro Tem then introduced the hereinafter set forth ordinance as an emergency measure. Thereupon it was moved by Mr. Howe and seconded by Mrs. Hyatt that said ordinance be finally passed and adopted. which motion carried by the fo 11 owi ng vote: AYES: Counci1members Howe, Hyatt, Sawyer and Johnson. NAYS: None 18t. rJ'f ORDINANCE NO. 78~M-14 AN ORDINANCE PROVIDING FUNDS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1978 AND ENDING SEPTEMBER 30, 1979, BY APPROVING THE BUDGET FOR SAID PERIOD AND APPROPRIATING THE NECESSARY FUNDS OUT OF THE GENERAL AND OTHER REVENUES OF.THE CITY OF SCHERTZ, TEXAS, FOR SAID YEAR FOR THE MAINTENANCE 'AND OPERATION'OF THE VARIOUS DEPARTMENTS AND FOR VARIOUS ACTIVITIES AND IMPROVEMENTS OF THE CITY; LEVYING AND ASSESSING ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF SCHERTZ, TEXAS, FOR THE YEAR 1978; PROVIDING THE BASIS OF ASSESSMENT OF APPRAISED VALUE AND PROVIDING FOR THE COLLECTION THEREOF AT THE RATE OF $1.00 ON THE ONE HUNDRED DOLLAR ($100.00) ASSESSED VALUATION; AND STIPULA- TING EMERGENCY ADOPTION. #5 ORDINANCE: The Mayor Pro Tern introduced the hereinafter set forth ordinance, which has been read and considered at the Regular meeting of the Council on July 18, 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 City Council and prior to this meeting. Whereupon said ordinance was discussed and further considered by the Council. 192 I 5 I~ ?~ ) Gi' ?~ I Got. 1~ ) fao -1~ Thereupon it was moved by Mr. Howe and seconded by Mrs. Hyatt that said ordinance be finally passed and adopted, which motion carried by the follow- ing vote: AYES: Councilmembers Howe, Hyatt, Sawyer and Johnson. NAYS: None ORDINANCE NO. 78-F-15 AN ORDINANCE GRANTING TO UA-COLUMBIA CABLEVISIdN OF TEXAS, INC. A FRANCHISE FOR THE FURNISHING OF CABLE TELEVISION SERVICE AND IMPOSING PROVISIONS AND CONDITIONS RELATING TO THE EXERCISE OF THE SAME. #6 RESOLUTION: The Mayor Pro Tern introduced the following captioned resolution which was read in full by the City Manager. Mr. Sawyer moved the resolution be adopted. Mrs. Hyatt seconded the motion which carried with the following vote: AYES: Councilmembers Howe, Hyatt, Sawyer and Johnson. NAYS: NONE RESOLUTION NO. 78-R-8 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE MAYOR TO SIGN AN INTERLOCAL AGREEMENT WITH THE TEXAS MUNICIPAL LEAGUE WORKMEN'S COMPENSATION JOINT INSURANCE FUND. #7 RESOLUTI ON: Mr. Schnei der introduced the fo 11 owi ng captioned reso- lution which had,been 'previously presented as an ordinance and was requested to be changed to a resolution. The City Manager read the resolution in full. Mr. Sawyer moved to adopt the resolution, with Mr. Johnson seconding the motion, which carried with the following vote: AYES: Councilmembers Howe, Hyatt, Sawyer and Johnson. NAYS: None RESOUUTION NO. 78-R-9 A RESOLUTION AUTHORIZING AND ADOPTING RULES FOR THE ISSUING OF A FOOD HANDLER'S PERMIT AND SETTING FEES. #8 BID AUTHORIZATION: The City Manager presented bid request forms for fuel needs for Fiscal Year 1978-79 and requested authorization to advertise for bids. Mr. Howe moved to authorize the staff to advertise for bids for fuel needs for Fiscal Year 1978-79. Mrs. Hyatt seconded the motion which carried with the following vote: AYES: Councilmembers Howe, Hyatt, Sawyer and Johnson. NAYS: None 193 #9 POLICY LETTERS: A. The City Manager read a proposed policy letter concerning auctioning of city owned property. Mr. Sawyer moved to approve the policy letter as presented, with Mr. Johnson seconding the motion. After discussion and a suggestion by Mr. Howe, Mr. Sawyer and Mr. Johnson amended their motion and second to include the addition of the phrase "with the concurrence of City Council". The motion carried with the following vote: AYES: Councilmembers Howe, Hyatt, Sawyer and Johnson NAYS: None )fe;I-?~ ~ :.J ~ . ..:;; .... - ~ B. Mr. Hill read a proposed policy letter concerning employees purchasing items sold at city auctions. Mr. Sawyer moved the policy letter be adopted as presented. Mrs. Hyatt seconded the motion. Discussion followed in which Mr. Howe presented his views as to why he was against this policy, after which the motion carired with the following vote: AYES: Councilmembers Hyatt, Sawyer and Johnson. NAYS: Councilmember Howe. JlP?'- 'J 1 #10 PAYMENT AUTHORIZATION: Mr. Howe moved to authorize final payment on the Community Center to O. A. Fessenden in the amount of $5,978.15. Mr. Sawyer seconded the motion which carried with the following vote: AYES: Council members Hyatt, Sawyer and Johnson and Howe. NAYS: None Jb 3 . J'l #11 SALE OF PROPERTY: The City Manager read a resolution authorizing , the mayor to sign deed of conveyance of lot at 524 Exchange Avenue to Thomas O. and Billie G. Yarling in the amount of $2,227.50. Mr. Howe moved to adopt the resolution as read. Mr. Johnson seconded the motion which carried with the following vote: AYES: Councilmembers Howe, Hyatt, Sawyer and Johnson. NAYS: None J b 1- 19 RESOLUTION NO. 78-R-10 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AUTHORIZING THE CONVEYANCE OF .14 ACRE OUT OF G. MALPAZ SURVEY NO. 67 OF THE CITY OF SCHERTZ, TEXAS, TO THOMAS O. AND BILLIE G. YARLING AND AUTHORIZING AND DIRECTING THE EXECUTION OF A DEED OF CONVEYANCE. #12 EDA PROJECTS: A. After reviewing the bids received on closed-circuit television for the police department, Mr. Sawyer moved the low bid of $3,140.00 from Beckwith Electronic Engineering be accepted. Mr. Johnson seconded the motion which carried with the following vote: AYES: Councilmembers Howe, Hyatt, Sawyer and Johnson. !(.,~.?~ NAYS: None 194, B. Mr. Hill requested authorization to purchase plat bin with the EDA funds. The bin would be $41.31 over the available money which would have to come from local funds; however, this would close out the EDA funds. Mr. Sawyer moved that staff be authorized to purchase plat bin as presented. Mrs. Hyatt seconded the motion which carried with the following vote: ll.>lD-?~ AYES: Councilmembers Howe, Hyatt, Sawyer and Johnson. NAYS: None #13 NEWSLETTER: Council suggested items be placed in the August News- letter on the following subjects: swimming pool operation and patronage; vandalism in the parks; notice of upcoming meetings; school open- ing - traffic slow down; and request for volunteers for committees. #14 CITY MANAGER'S REPORT: Mr. Hill reserved his report for Workshop. #15 ITEMS BY MAYOR: Mr. Schneider also reserved his comments. #16 ITEMS BY COUNCIL: Council had nothing at this time. #17 WORKSHOP: Mayor Pro Tern Schneider recessed the regular meeting at 8:30 P.M. in order for Council to move to the Conference Room for Worshop session, inviting the audience to join the workshop. Mr. Sawyer moved the meeting be adjourned at 9:21 P.M., which motion was second- ed by Mrs. Hyatt and carried unanimously. ATTEST: ~!(/;:Tem;cl~rtz .~ .1f.t.cfU~' - cC7secretary, c y 0 Schertz SPECIAL SESSION OF THE CITY COUNCIL SEPTEMBER 12, 1978 The Schertz City Council convened in Special Session Tuesday September 12, 1978 at 7:00 P.M. in the Conference Room of the Municiapl Complex, 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. Staff present: City Manager Walter W. Hill, Jr.