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ccreg-02-15-1977 473 REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15, 1977 The Schertz City Council convened in Regular Session, Tuesday, February 15, 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, Walter F. Schneider, Ed L. Sharpe and Gail Hyatt. Also present were City Manager, Denny L. Arnold, City Secretary June G. Krause. #1 APPROVAL OF MINUTES: Mr. Seeba moved the minutes of the regular meeting of February 1,1977 be approved as presented. Mr. Sharpe seconded the motion which carried by the following vote: AYES: Mr. Howe, Mr. Seeba, Mr. Sharpe and Mrs. Hyatt. NAYS: None ABSTAINING: Mr. Schneider #2 HEARING OF RESIDENTS: Mr. Dick Wright, president of BVYA and Mr. Tom Harm both requested time to speak when item #8 comes before the Council. #3 BOA MINUTES: Mrs. Hyatt moved the minutes of the Board of Adjustments meeting of February 7, 1977 be accepted. Mr. Seeba seconded the motion which carried with the following vote: AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt. NAYS: None #4 PERSONNEL BOARD MINUTES: There were no minutes of the Personnel Board as they did not meet on February 14, 1977. #5 P&Z MINUTES: Mr. Sharpe moved to accept the minutes of the Planning and Zoning "Commission meeting of February 9, 1977. Mrs. Hyatt seconded the motion which carried with the following vote: AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt. NAYS: None #6 P&Z APPOINTMENT: As the Council had previously reviewed the resume of Mrs. Betty L. Wise, Mr. Schneider moved to appoint Mrs. Betty L. Wise of Mobile Villa Estates as a member of the Planning and Zoning Commission. Mr. Sharpe seconded the motion which carried with the following vote: AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt. NAYS: None Mayor Bueker then introduced Mrs. Wise and welcomed her as a City appointee. #7 BID OPENING: Bids were opened for Street and Park equipment as follows: Cooper Girard Mach Torgerson Plains Mach. Holt Equip.Co. & Supply Co. Co. Co. Machinery No Bid 1,295.00 1,250.00 1,140.00 1,395.00 No Bid 2,871.00 2,750.00 4,960.00 No Bid 15-30 days 2-3 weeks 2 weeks 8 weeks Tilt Bed Trailer Static Riding Mower Delivery Date 474 The Street & Parks Superintendent was requested to tabulate the bids, with r-', I the awarding of contract to be later in the meeting. #8 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 1st day of February, 1977. It was determined that the City Secretary had caused a short synopsis of said proposed ordinance to be published in the official 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. u Thereupon it was moved by Mr. Sharpe and seconded by Mr. Seeba that said ord- inance be finally passed and adopted. The Mayor put the motion to a vote of the members of the City Council and the ordinance was finally passed and adopted by the following vote: AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt. NAYS: None ORDINANCE NO. 77-M-l AN ORDINANCE AUTHORIZING THE USE OF PARKS AND RECREATIONAL 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; ESTABLISHING A CURFEW TIME FOR PARK USAGE; AND PROVIDING A PENALTY FOR VIOLATIONS OF THIS ORDINANCE. Mr. Wright, president of BVYA, addressed the Council suggesting the City and BVYA enter a contractual agreement in lieu of paying the team rate of $25.00 plus electrical usage. He offered two alternatives: (1) BVYA pay the team fee and the City pick up the tab for the electrical usage; or (2) BVYA pay the electrical usage and the City obsorb the team fees. He explained that this year BVYA is running a reduced schedule with daytime Saturday games in order to reduce the electricity use fee. Mr. Wright also offered the Council copies of their financial statements for years 1975 and 1976, as well as their proposed 1977 budget. Mr. Schneider then moved to allow the City Manager to meet with Mr. Wright of BVYA and work out an agreement and bring it back to the Council. Mrs. Hyatt seconded the motion. Mr. Arnold explained that he had advertised in the official newspaper for any- one wishing to use the ballfields to send in a written request by Febryary 22, 1977. For this reason, he felt it would be better to wait on drawing up a contract until after that date in case some other group sent in a request similar to BVYA. Mrs. Hyatt then withdrew her second. r-i I Further pro and con discussion followed, after which Mr. Sharpe seconded the ~ motion as stated. The motion failed to carryon the following vote: AYES: Mr. Schneider and Mr. Sharpe NAYS: Mr. Seeba, Mr. Howe and Mrs. Hyatt 475 #9 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 1st day of February, 1977. It was determined that the City Secretary had caused a short synopsis of said proposed ordinance to be published in the official 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. Thereupon it was moved by Mr. Schneider and seconded by Mr. Seeba that said ordinance be finally passed and adopted. The Mayor put the motion to a vote of the members of the City Council and the ordinance was finally passed and adopted by the following vote: AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt. NAYS: None ORDINANCE NO. 77-S-2 AN ORDINANCE AMENDING THE ZONING ORDINANCE (ORDINANCE NO. 74-S-48) OF THE CITY OF SCHERTZ, TEXAS; CHANGING THE CLASSI- FICATION 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. DESIGNA- TION, AND REFLECTING SAID CHANGE ON CERTAIN ZONING DISTRICT MAPS, IN ACCORDANCE WITH SECTION 9 AND SECTION 12 OF THE ZONING ORDINANCE. #10 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 1st day of February, 1977. It was determined that the City Secretary had caused a short synopsis of said proposed ordinance to be published in the official 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. Thereupon it was moved by Mr. Seeba and seconded by Mrs. Hyatt that said ordinance be finally passed and adopted. The Mayor put the motion to a vote of the members of the City Council and the ordinance was finally passed and adopted by the fol- lowing vote: AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt. NAYS: None ORDINANCE NO. 77-E-3 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 476 #11 COMMUNITY DEVELOPMENT: Mayor Bueker explained this item concerned the formal approval of the third project year of Community Development Block Grant application. Mr. Sharpe moved to approve the Community Development Block Grant application for the third year project as presented. Mr. Schneider seconded the motion which carried with the following vote: AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt. NAYS: None #12 RESOLUTION: The Mayor introduced the following captioned resolution which was read in full by the City Manager. Mr. Sharpe moved to approve the resolution as presented. Mr. Seeba seconded the motion which carried with the following vote: AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt. NAYS: None RESOLUTION NO. 77-R-4 A RESOLUTION DIRECTING THE CALLING FOR BIDS FOR A NEW MUNICIPAL COMPLEX, EDA #08-51-01236, THE CITY OF SCHERTZ, TEXAS Mr. Arnold was requested to obtain cost estimates as to what it will cost to r- run the new Municipal Complex as apposed to what it is costing for the same facilities at present. L~ #13 PAYMENT AUTHORIZATION: Mr. Seeba moved to make final payment to Hayden Sales Construction Company in the amount of $1,000 for the Swimming Pool contract. Mr. Schneider seconded the motion which carried with the following vote: AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt. NAYS: None #14 PAYMENT AUTHORIZATION: Mr. Schneider moved to approve payment to R & R Construction Company for final payment in the amount of $5,996.12 for the water line contract on the South Schertz project. Mr. Howe seconded the motion which carried with the following vote: AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt. NAYS: None #15 PAYMENT AUTHORIZATION: Mr. Howe moved to pay Raba and Associates fee of $1,741.05 for soil sample tests on the Municipal Complex property. Mr. Schneider seconded the motion which carried with the following vote: . . AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt. NAYS: None 477 #16 PAYMENT AUTHORIZATION: Each Council member was presented a copy of the Code of Ordinances for the City of Schertz. Mr. Seeba moved to authorize payment to Municipal Code Corporation in the amount of $3,202.11 for codification of ordinances. Mr. Howe seconded the motion which carried with the following vote: AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt. NAYS: None #17 SALE OF VEHICLES: Mr. Schneider moved to give the City Manager permission to dispose at public auction the following City vehicles: 1972 Plymouth Fury II, 4 door; 1970 Plymouth II, 4 door; 1968 Chevrolet Pickup; 1966 Plymouth, 4 door. Mrs. Hyatt seconded the motion which carried by the following vote: AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt. NAYS: None #18 MERGER: With reference to the Feasibility Study on the possible merger of the cities of Cibo10 and Schertz, Mr. Arnold explained he had a call from Mayor Schlather of Cibolo saying their Council tabled the merger question more or less permanently. They had so much negative citizen reaction at their meeting, this seemed imperative. #19 PERSONNEL: The Mayor asked to pass this item until after general discussion. #20 GENERAL DISCUSSION: A. Mrs. Hyatt suggested that the work load for the Animal Control Officer warrants the job to be classified as full time, with full employee benefits, or hire extra help for him. Mr. Arnold is to investigate the possibilities and report back. B. Mayor Bueker suggested that if the Business Club does not feel they want to sponsor the July Jubilee this year, perhaps the Council spouses would undertake the job. Mrs. Hyatt said she would help in any way she could. C. Mr. Seeba asked if there is a representative from Schertz on the Guadalupe County United Fund and if not, he feels there should be one. Mayor Bueker was to follow up on this. At this point, Mayor Bueker recessed the regular meeting of the City Council in order to call an Executive Session under Article 6252-17 Vernon's Civil Statutes, Section 2 (9), at 9:30 P.M. The Regular meeting was reconvened at 10:39 P.M. #21 ADJOURNMENT: Mrs. Hyatt moved the meeting be adjourned at 10:40 P.M. Mr. Sharpe seconded the motion which carried unanimously. ATTEST: ~A::t C ~ Mayor, City of Schertz, Texas OL,u-~):f, ,~OJ.I# ,_ - ~retary, 'tHy of Schertz