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ccreg-05-17-1977 7, Chuck Sharpe of the Planning & Zoning Commission made a motion to recommend to the City Council that this request be brought to a Public Hearing. Mr. Aguilar seconded the motion which carried unanimously. Earl Sawyer moved to proceed with the Public Hearing to be held on the 8th day of June, 1977. Mr. Seeba seconded the motion which carried with the following vote: AYES: Mr. Seeba, Mr. Schneider, Mr. Sawyer, and Mr. Johnson. NAYS: None ~ :\f ~ , ,.;, :.:; :.l.J The Council portion of this meeting adjourned at 7:35 P.M. ,~,,/ e aL--/ Mayor, City of Schertz, Texas ATTEST: rY~JS- ~ C~ Secretary, City of Schertz REGULAR MEETING OF THE CITY COUNCIL MAY 17, 1977 The Schertz City Council convened in Regular Session, May 17, 1977, at 7:03 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, Earl Sawyer and Earl Johnson. Also present were Denny L. Arnold, City Manager; June G. Krause, City Secretary. #1 APPROVAL OF MINUTES: A. With regard to the minutes of the meet- ing of May 3, 1977, Mr. Schneider asked that the following be included at the end of paragraph one of Item #7: liThe auditor encouraged all employees to take their annual leave". Mr. Schneider moved to approve the minutes of the Regular Meeting of the City Council of May 3, 1977 as amended. Mr. Seeba seconded the motion which carried with the following vote; AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sawyer and Mr. Johnson NAYS: None 8 B. Mr. Seeba moved the minutes of the Joint Meeting with the Planning and Zoning Commission of May 11, 1977 be approved as presented. Mr. Sawyer seconded the motion which carried with the following vote: AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sawyer and Mr. Johnson. NAYS: None Item #6. #2 HEARING OF RESIDENTS: Mr. Tom Walker requested time for Item #8 and Mr. Doyle Hines requested time for Mr. Wellman asked the status of the "No Parking" signs discussed at the previous meeting. Mr. Arnold said a study was being made and he would bring the staff recommendations to the Council soon. #3 P&Z MINUTES: Mr. Sawyer moved to accept the minutes of the Planning and Zoning Commission meeting of April 27. Mr. Schneider seconded the motion which carried with the following vote: AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sawyer and Mr. Johnson. NAYS: None The minutes of the above meeting were erroneously approved because of the Council minutes of this Joint meeting. See the agenda of June 14th for the minutes of the Planning and Zoning Commission portion of this meeting. Mr. Schneider suggested sending a letter of appreciation to Mr. Sawyer for his long tenure on the P&Z Commission. #4 PERSONNEL APPOINTMENT: MR. Howe moved to appoint Mrs. Betty Wise as Secretary to the Planning and Zoning Commission. Mr. Schneider seconded the motion which carried with the follow- ing vote: AYES: M r. Howe, Mr. Seeba, Mr. Schneider, Mr. Sawyer and Mr. Johnson. NAYS: None #5 CURB OPENINGS: Mr. Darrell Farr, Community Development Coordinator, reminded the Council that the Planning and Zoning Commission had recommended the request by Mr. Beck for a variance to the Curb Cut Ordinance be accepted providing it meets the approval of the Police Department. Mr. Beck was requesting a 60' opening in front of his store to allow for parallel parking. There was discussion concerning perhaps having to change First Street from Church Street to FM 78 to a "No Parking" zone. Mr. Schneider moved to allow two 30' curb openings for Beck's Food Store, not to include in front of the store and to prohibit parallel parking in front of the store. Mr. Seeba seconded the motion which carried with the following vote: AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sawyer and Mr. Johnson. NAYS: None 9 Mr. Arnold suggested that perhaps Mr. Beck would like to come before the Council and discuss his request. ~ ~ ,....0 '~ :.;i :J.J #6 GVEC: Mr. Doyle Hines, District Manager of GVEC, addressed the Council stating he had delivered a letter of transmital and intent to ask for time for Coucnil discussion on May 4, 1977, concern= ing a proposed rate increase. He explained the procedures of today as being any utility that is subject to the Public Utility Commission (PUC) has to make a rate filing with all its jurisdiction that has the decision of rate approving on that particular utility. GVEC has requested 2.98% increase, derived from a cost of service study that was done by a retained consultant and the assistance of GVEC staff. After this study the allocation was assigned to the residential group - for the average user it would be about $.94 per month. A question and answer period followed which included base rate and pass- through, line loses, GVEC suggestions for saving on fuel usage, the fact that GVEC pays the entire 10% retirement for their enployees and the fact that they have cut down on the number of hired employees. Mr. Hines ad- vised the Council that on May 31st GVEC's rate case will be heard before the Commission in Austin at 9:00 A.M. and he would like to invite arry or all the Council to attend. Mr. Schneider moved to postpone any action until the next Regular Meeting of the Council and into it in more detail. The motion died for lack of a second. Mr. Arnold said he had talked with the City Attorney and the City does not want to re1inguish our obligations, rights and duty to set rates fairly and adequately to the public because if we wanted to do so the PUC would have action before us on that. Since we cannot do anything until at least the hearing is set, maybe some quidance from these people who are' professional could help us better understand these figures. Mr. Hines said he would give the City copies of the testimony at the PUC meeting. Mr. Schneider moved to postpone our decision until the next Regular Council meeting and go into it further at that time. Mr. Howe seconded the motion which carried with the following vote: AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sawyer and Mr. Johnson. NAYS: None #7 COMMUNITY DEVELOPMENT: Darrell Farr showed on a map the proposed sidewalk construction for the City. He had nine streets for sidwalks on only one side; namely, Pecan, Maple, Chestnut, Aero, Brooks, Mitchell, Aviation, Colony and Curtiss. The planned sidewalk will be 4 feet wide, 4 inches thick at an estimated cost of $4.00 a linear foot. Mayor Bueker asked for a concensus of the Council after discussion, with Council agreeing on all nine recommendations presented. 1 () #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 17th day of May, 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 the Council. Thereupon it was moved by Mr. Johnson and seconded by Mr. Howe 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. Sawyer and Mr. Johnson. NAYS: None Mr. Walker, operater of the local theatre was present and said he was dis- appointed in the Council since he supposed the ordinance was directed at him alone. Mayor Bueker explained the need for such an ordinance in a grow- ing community. ORDINANCE NO. 77-M-6 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ TEXAS, REQUIRING THEATERS TO DISPLAY THE RATING OF FILMS, FIXING A PUNISHMENT FOR VIOLATION OF THIS ORDINANCE: PROVIDING FOR PUBLICATION ON THIS ORDINANCE: AND CONTAINING OTHER MATTERS RELEVANT TO THE SUBJECT AND PURPOSES HEREOF. #9 RESOLUTION: Mayor Bueker explained the reason for this resolution changing the Regular Meeting of June 7th to June 14 was caused by the Council attending the Institute of Mayors and Councilmen and being out of town on the Regular Meeting date. Mr. Seeba moved the resolution be adopted. Mr. Sawyer seconded the motion which carried with the following vote: AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sawyer and Mr. Johnson NAYS: None RESOLUTION NO. 77-R-9 A RESOLUTION CHANGING THE DATE OF THE FIRST REGULAR COUNCIL MEETING IN THE MONTH OF JUNE, 1977. #10 RESOLUTION: Mr. Arnold explained that in order for Mr. Rittimann to get his money for land in the Rittimann Addition from the Government, the City would have to convey the well and pump site to Mr. Rittiman. The City in turn would receive a check for $1175.00 from the Corps of Engineers. Mr. Schneider moved to pass this resolution. Mr. Sawyer seconded the motion which carried with the following vote: 11 AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sawyer and Mr. Johnson. NAYS: None RESOLUTION NO. 77-R-10 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED CONVEYING A PURTION OF THE RITTI- MANN WATER SYSTEM TO MR. RAY RITTIMANN. ~ :\l t-" .." ~ .~ #11 CHANGE ORDER: Mr. Arnold explained the changes to be discussed are the same the council had already given tenta- tive approval for. Council discussed each of the suggested changes. Mr. Sawyer moved that all 13 items on the Change Order be accepted. Mr. Seeba seconded the motion which carried with the following vote: AYES: Mr. Seeba, Mr. Howe, Mr. Schneider, Mr. Sawyer and Mr. Johnson. NAYS: None #12 GENERAL DISCUSSION: A. Mayor Bueker explained a letter received discussing an application CCMA made for a grant and an excellent chance they are going to get it at this time. They don't know for certain yet the limitations on usage. It is not confined to the area of Schertz. Mr. Howe was designated as representative on the committee to meet on the 6th day of June. We should be looking at developing a park on the south of Schertz, a money making park. B. Mayor Bueker said we have not heard anything back from Guadalupe County on FM 78 By Pass. Hal Baldwin went to the Commissioner's Court and read our resolution. They are waiting for a map showing the exact amount of right- of-way acreage. Mr. Arnold informed the Council that a bill had been intro- duced by Wilson from La Grange that would change the ratio of Highway Depart- ment percentage from 50-50% to 90-10%, with the City paying the 10%. He would call Benny Bock and John Traeger the next morning to let them know of our support of the bill. Mr. Ehlers of the Highway Department has received the map. Mayor Bueker said he had talked with Blair Reeves of Bexar County and we have their support; and after the Randolph area acquisition, he would again contact Blair Reeves and see if he will support the acquisition of that 1.05 acres. C Walter Sch.leider asked about t1i= swimming classes. Mr. Graham did not know the exact date at this time. Also Mr. Schneider asked if signs could be put up on main thoroughfares showing directions to major buildings. Mr. Arnold said this is already in the working stages, as they have already put one up showing the way to the High School Stadium on FM 3009. Mr. Schneider asked what is being done about the left turn signs at FM 78 and Mill Street. Chief Schoonover said it is in the working stages now. Mr. Schneider then asked about the March Budget, wherein it showed the City spent $1028.85 in Civil Defense when nothing had been budgeted for that. 12 Mr. Arnold could not recall, but would find out and report to the Council. D. Mr. Johnson asked if the Highway Department was going to put up a City of Schertz sign on I 35 to the north of Schertz. Mr. Arnold said he had written to the Highway Department but has not had a reply as to who authorized them to put up the "Natural Bridge Caverns" sign at our turn off. E. Mr. Seeba asked if Schertz has thought about a Massage Parlor Ordin- ance such as our neighboring cities have passed. Mr. Arnold had talked with the City Manager of Selma who said they had passed such an ordinance and the Massage Parlor people are now showing interest in Schertz. Staff have checked the zoning ordinance to see what classification this type would fall under and the major heading would give the City strong control. F. Mr. Howe asked if the drainage ditch on Colony is scheduled to be cleaned and was told by Mr. Arnold that he would check on it. Mr. Howe also mentioned he was told there were some cars parked on streets that did not have current state stickers or license plates. Chief Schoonover said the Police were in the process of tagging all of them at this time. Mr. Howe also briefed the Council on his attendance at the dedication of the Guadalupe County Coliseum, saying it was a real nice place and of course that it is open to us as well as Seguin. Mr. Howe asked Mr. Arnold to have the auditor explain the out of balance he had mentioned. The beginning balance was $2,400 less than we estimated we had. G. Mr. Arnold briefed the Council on the problem involved in the EDA financing. The City had been informed the first draft of EDA (Letter of Credit) had been received and the treasurer of the Schertz Bank and Trust confirmed the money was available. However, at 4:30 that afternoon, after writin~ checks to O. A. Fessenden and takinQ vouchers to the bank, we found out that the letter of credit had been held up and funds were not available. Mr. Arnold explained the Bank said there were ~ ways to obtain the money to honor these checks that had been issued - one. a short term loan - or cash a Certificate of Deposit to cover the $79,000 outstandinq checks. The Council, without takinq a formal vote, aQreed to Mr. Arnold securinQ a short- term loan from Schert7 Bank and Trust to cover the outstanding checks rather than cashing Certificate of Deposit. H. Mayor Bueker said he had had a request from Don Seeba, with which he agreed, that a time limit be set for meetings of 10:30 P.M. Mr. Arnold was asked to prepare a Police Letter to that effect.. #13 ADJOURNMENT: On a duly made motion and second the meeting adjourned at 10:39 P.M. /f2.xc~ ATTEST: Mayor, City of Schertz, Texas