ccreg-02-01-1977
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REGULAR MEETING OF THE CITY COUNCIL
FEBRUARY 1,1977
The Schertz City Council convened in Regular Session, Tuesday, February 1,
1977 at 7:30 P.M. in the Council Chambers, 401 Oak Street with the following
members present: Mayor Robert C. Bueker, presiding; Richard L. Howe, Donald
J. Seeba, Ed L. Sharpe and Gail Hyatt. Absent: Walter F. Schneider. Also
present City Manager Denny L. Arnold, City Secretary June G. Krause, and
City Attorney Richard W. Harris.
#1
APPROVAL OF MINUTES: A. Mr. Seeba moved to approve the minutes of
the Regular Meeting of January 18, 1977
Mr. Howe seconded the motion which carried with the following
as presented.
vote:
AYES:
NAYS:
Mr. Howe, Mr. Seeba, Mr. Sharpe and Mrs. Hyatt.
None
B. Mr. Howe moved to accept the minutes of the Joint Meeting with the Planning
and Zoning Commission of January 26, 1977. Mr. Sharpe seconded the motion
which carried with the following vote:
AYES: Mr. Howe, Mr. Seeba, Mr. Sharpe and Mrs. Hyatt.
NAYS: None
#2 HEARING OF RESIDENTS: Mr. Dick Chambless reserved the right to speak
when items #11 and #12 come before the Council.
At this point Mayor Bueker asked to recognize the following City employees who
have been working toward improving themselves and presented them with Certifi-
cates of Compentency as follows: Robert Arenas - Grade D Sewer; Jesse Arenas
Grade C Water; and Donald Sweet - Grade C Sewer.
#3 P & Z MINTUES: A. Mrs. Hyatt moved to accept the minutes of the
Planning & Zoning Commission of January 12, 1977.
Mr. Howe seconded the motion which carried with the following vote:
AYES: Mr. Howe, Mr. Seeba, Mr. Sharpe and Mrs. Hyatt.
NAYS: None
B. Mr. Seeba moved the minutes of the Planning and Zoning Commission meeting
of January 27, 1977 be accepted. Mrs. Hyatt seconded the motion which carried
with the following vote:
AYES: Mr. Howe, Mr. Seeba, Mr. Sharpe and Mrs. Hyatt.
NAYS: None
#4 CAC MINUTES: Mr. Sharpe moved to accept the minutes of the Citizen
Advisory Committee meeting 0f January 27, 1977. Mrs.
Hyatt seconded the motion which carried with the following vote:
AYES: Mr. Howe, Mr. Seeba, Mr.' Sharpe and Mrs. Hyatt.
NAYS: None
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#5 P&Z APPOINTMENT: The Council was asked to defer the appointment
of Betty Wise to the Planning & Zoning Commis- ~
sian as staff had not been able to contact her to see if she still wished I ·
to become a member.
#6 ROAD EASEMENT: Mr. Erwin Jupe addressed the Council, after
first introducing his attorney Bill Porter. He
said that after meeting with City Staff, who advised him to talk with the
residents in Unit 3 of Deer Haven involved in this road easement, he got
a petition signed by these people asking the City to eliminate the disputed
road easement.
Mayor Bueker said that any discussion concerning this matter should be held
in Executive Session since there has been a case filed. The Mayor then
recessed the Regular Meeting at 7:43 P.M. in order to call an Executive
Session under Article 6252-17 Vernons Texas Civil Statutes, Section 2 (e) as
amended.
The Regular Session of the City Council was reconvened at
8:27 P.M.
Mrs. Hyatt moved that the City allow Mr. Jupe to leave the fence, reserving
the right for the utility easement and the property owners that are involved
in this along with Mr. Beck acquire 30 feet more property for street right-
of way immediately to the west of the platted subdivision.
After discussion and finding it better if she not make the motion and refrain
from voting, Mrs. Hyatt withdrew her motion.
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Mr. Sharpe suggested the Council request the City Attorney to delay any
further action on the litigation, pending valuation by him and City Staff
of all the involved property owners' reaction to the suggestion to acquire
additional land for right of way. The City Attorney and Council agreed to
this suggestion.
#7 PAVILION USAGE: Mayor Bueker read a request by the Good Shepherd
Catholic Church for the use of the large pavilion
and picnic area of the City Park to hold their Annual Festival on May 7, 1977.
Mr. Arnold explained that he would inform them that there is a chance the
parking lot may be under construction at this time.
Mr. Sharpe moved the Council give permission to the Good Shepherd Catholic
Church to use the City Park facilities for their annual Festival on May 7.
Mr. Seeba seconded the motion which carried with the following vote:
AYES: Mr. Howe, Mr. Seeba, Mr. Sharpe and Mrs. Hyatt.
NAYS: None
#8 RESOLUTION: Mayor Bueker introduced the following captioned reso-
lution. Mr. Farr, Community Development Coordinator, [-
showed the proposed plans as considered at the Joint Meeting of the Council I
and Planning & Zoning Commission on January 26, 1977. He explained the ~
total cost, including the parking lot should be approximately $180,000,
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with construction beginning approximately April 1 and completion anticipated
in late September.
Mr. Farr then briefed the Council on the South Schertz Project, stating
the work should be finished on Beck Street soon for gas line lowering,
and then continue to Zuehl Road and Dowman Street with completion in
approximately two weeks. The Street Contractor will begin work in one or
two weeks. In answer to Mr. Sharpe's question concerning the drainage on
FM 78, Mr. Farr said the contractor did understand that the City wishes
to complete the drainage as soon as possible. Also the contractor will
sub contract the moving of any fences in the project.
Mrs. Hyatt moved to pass the resolution approving the plans for the Community
Activity Center and authorizing the architectual firm of Hesson and May to
advertise for bids. Mr. Howe seconded the motion which carried with the
following vote:
AYES: Mr. Howe, Mr. Seeba, Mr. Sharpe and Mrs. Hyatt.
NAYS: None
RESOLUTION NO. 77-R-3
A RESOLUTION DIRECTING THE CALLING FOR BIDS FOR
A NEW COMMUNITY ACTIVITY CENTER, THE CITY OF
SCHERTZ, TEXAS.
#9 ORDINANCE: The Mayor introduced the following captioned ordinance
which was read in full by the City Manager. Mr. Sharpe
moved that said ordinance be considered by the Council. Mrs. Hyatt seconded
the motion which carried with the following vote:
AYES: Mr. Howe, Mr. Seeba, Mr. Sharpe and Mrs. Hyatt.
NAYS: None
The following captioned ordinance was then discussed and fully considered
by the Council:
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS CALLING AN ELECTION TO BE HELD ON
APRIL 2, 1977, FOR THE PURPOSE OF ELECTING
THREE COUNCILMEMBERS.
Whereupon, Mr. Sharpe moved that said ordinance be further considered at the
next regular meeting of the City Council to be held on the 15th day of Feb-
ruary, 1977, changing the time of absentee voting from"8:00 AM to 4:00 PW
to "8:30 AM to 4:30 PM". Mrs. Hyatt seconded the motion which carried with
the following vote:
AYES: Mr. Howe, Mr. Seeba, Mr. Sharpe and Mrs. Hyatt.
NAYS: None
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At this time, Mayor Bueker requested the Council move to item #14.
#14 CCMA BRIEFING: Mr. David Dennis, CCMA 208 Coordinator, briefed
the Council on population projections currently
being studied by AACOG, as well as land use projections.
#10 ORDINANCE: The Mayor introduced the following captioned ordinance
which he read in full. Mr. Seeba moved that said
ordinance be considered by the Council. Mr. Sharpe seconded the motion which
carried by the following vote:
AYES: Mr. Howe, Mr. Seeba, Mr. Sharpe and Mrs. Hyatt.
NAYS: None
The following captioned ordinance was then discussed and fully considered by
the Council:
AN ORDINANCE
AMENDING THE ZONING ORDINANCE (ORDINANCE NO. 74-S-48) OF THE
CITY OF SCHERTZ, TEXAS; CHANGING THE CLASSIFICATION OF A TWO
ACRE TRACT OF LAND, A THREE ACRE TRACT OF LAND AND A FIVE ACRE
TRACT OF LAND FROM R-2 TO O.P. DESIGNATION, AND REFLECTING SAID
CHANGE ON CERTAIN ZONING DISTRICT MAPS, IN ACCORDANCE WITH SEC-
TION 9 AND 12 OF THE ZONING ORDINANCE.
Whereupon Mr. Seeba moved that said ordinance be further considered at the
next regular meeting of the City Council to be held on the fifteenth day of
February, 1977, which motion was seconded by Mr. Sharpe and which carried
by the following vote:
AYES: Mr. Howe, Mr. Seeba, Mr. Sharpe and Mrs. Hyatt.
NAYS: None
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#11 ORDINANCE: The Mayor introduced the hereinafter set forth ordinance,
which has been read and considered at the last regular
meeting of the City Council on the 18th day of January, 1977. 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 tne Council.
Thereupon it was moved by Mr. Seeba to not approve the ordinance on the final
consideration. Mr. Sharpe seconded the motion which carried by the following
vote:
AYES: Mr. Howe, Mr. Seeba, Mr. Sharpe and Mrs. Hyatt.
NAYS: None
#12 ORDINANCE: The Mayor introduced the following captioned ordinance
which was read in full by the City Manager. Mr. Seeba
moved that said ordinance be considered by the Council. Mr. Howe seconded the
motion which carried by the following vote:
AYES: Mr. Howe, Mr. Seeba, Mr. Sharpe and Mrs. Hyatt.
NAYS: None
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The following captioned ordinance was then discussed and fully considered by
the Council:
AN ORDINANCE
AUTHORIZING THE USE OF PARKS AND RECREATION AREAS
OWNED AND CONTROLLED BY THE CITY OF SCHERTZ, TEXAS;
NAMING THE TRACTS OF LAND DESIGNATED AS CITY PARKS;
REGULATING POSSESSION AND CONSUMPTION OF ALCOHOLIC
BEVERAGES IN SUCH PARKS; STATING THE POLICIES AND
REGULATIONS GOVERNING THE USE OF SUCH AREAS; ESTA-
BLISHING A CURFEW TIME FOR PARK USAGE; AND PROVIDING
A PENALTY FOR VIOLATIONS OF THIS ORDINANCE.
Whereupon, Mr. Seeba moved that said ordinance, as amended, be further considered
at the next regular meeting of the City Council to be held on the 15th day of
February, 1977, which motion was seconded by Mr. Howe and which carried by the
following vote:
AYES: Mr. Howe, Mr. Seeba, Mr. Sharpe and Mrs. Hyatt.
NAYS: None
#13 SALE OF VEHICLES: Mr. Arnold asked the Council to pass this item to
the next regular meeting in order for him to obtain
information on an additional vehicle that should be included in this sale.
#14 GENERAL DISCUSSION: A. Mr. Seeba discussed the curb-cuts at the First
Baptist Church, saying he knew they were
authorized but he feels that many cuts were not safe and the church Would have
more parking without so many. Mr. Arnold said that if the problem warrants it,
it will be relatively easy to amend the traffic ordinance and put up "right
turn only" signs.
B. Mr. Seeba also referred to a memo from the Chief of Police on traffic problems.
in which theChief said the intersection of Patrick Henry and FM 3009 fails to meet
any criteria for the installation of any type traffic control device according
to the Highway Department. Mr. Seeba restated that in his opinion, this is a
bad intersection in which someone is going to get hurt, especially during heavy
traffic hours.. The City Manager said he would again ask the Highway Department
to check to see if something can be done to get a turn lane there.
C. Mr. Howe what the new County Commissioner had done about finishing the road
from FM 3009 to Dobie Middle School. Commissioner Ackermann was in the audience
and said he would start working on this road soon. He had been told by his
predecessor that they did not have all the easements but Mr. Arnold and Mayor
Bueker both say they feel sure the easements have been obtained.
D. Mr. Ackermann asked the Council for help in slitting up the County voting
box in Schertz. At present, there are over 2300 voters, which makes the judges
and clerks have to work all night to count returns. He suggested splitting
the box (not the precinct) three ways. City Staff were requested to give him
help in this respect.
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E. Mr. Howe asked the County Commissioner if he would check to see if any=
thing can be done about the County Tax office revaluating property. A new
construction is valued at today's market while the older homes are still
valued extremely low.
F. Mayor Bueker had a letter from the Corps of Engineers concerning the
acquisition of land in Rittimann Addition, where the City has lines, pump
well and tank. The letter states these items have been appraised at $1,175
however, the City may retain these improvements at their salvage value of
$75.00, provided they are removed within a reasonable period of time.
The City Manager said the 5 hp motor and the water tank could be used by
the City. Mayor Bueker was to check on the capping of the well.
G. Mrs. Hyatt suggested that since the City is behind schedule on planning
the July 4th Jubilee, perhaps one of the organizations in town, such as the
Business Club, could plan it this year, with a member of the Council on the
committee. Mr. Arnold was to talk with some of the groups and report back
to the Council.
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H. Mrs. Hyatt also reported she had talked with Mr. Arnold about investigating
the availability of federal funds for low-cost child care program. City Staff
are researching this at this time.
I. Mr. Arnold asked the Council their feelings about having bid openings
during working hours, with the contractors, engineer/architect, City Manager
or Assistant City Manager and City Secretary (as recorder) present. Some of
the bidders complain about having to attend a night meeting for bid openings,
and consequently add costs to their bid to cover this. The bids could be
tabulated and brought before the Council at the next meeting. In most cases
as much as two weeks time could be saved. Discussion followed, after which
the Council agreed to the daytime bid openings.
#17 ADJOURNMENT:
Mrs. Hyatt moved the meeting be adjourned at 11 :30
P.M. Mr. Sharpe seconded the motion which carried
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unanimously.
ATTEST:
/aLaA?~/ /
Mayor, city ~xas
(~. AJ A:; dJt~~~ I
~secretary, City of Schertz
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