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ccreg 09-7-1976 416 PUBLIC HEARING OF THE CITY COUNCIL SEPTEMBER 7, 1976 The Schertz City Council held a Public Hearing Tuesday, September 7, 1976 at 7:03 P.M. in the Council Chambers, 401 Oak Street, with the following members present: Mayor Robert C. Bueker, presiding; Mayor Pro Tem Donald J. Seeba, Richard L. Howe, Walter F. Schneider and Ed L. Sharpe. Absent: Gail Hyatt. Also present were City Manager Denny L. Arnold, City Secretary June G. Krause City Attorney Richard W. Harris. Mayor Bueker explained the purpose of the Public Hearing was to allow citizens to be heard on the proposed Budget and Program of Work of the City for the Fiscal Year 1976-77. There were no citizens wishing to discuss any part of the budget. Council had no further questions concerning the budget. Mayor Bueker declared the Public Hearing closed at 7:05 P.M. aJ{J ~ Mayor, City of Schertz, Texas ATTEST: ~J;{ ~fM~I~. ~r-~ecretary, City of Schertz REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7, 1976 The Schertz City Council convened in Regular Session Tuesday, September 7, 1976 at 7:05 P.M. in the Council Chambers, 401 Oak Street with the following members present: Mayor Robert C. Bueker, presiding; Mayor Pro Tem Donald J. Seeba, Richard L. Sharpe. Absent: Gail Hyatt. Also present City Manager Denny L. Arnold, City Secretary June G. Krause and City Attorney Richard W. Harris. #1 APPROVAL OF MINUTES: Mr. Schneider moved to accept the minutes of the Regular Meeting of August 17, 1976 as presented. Mr. Howe seconded the motion which carried with the following vote: AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, and Mr. Sharpe NAYS: None #2 HEARING OF RESIDENTS: Mr. Murray Denton wished to reserve time for Item No.5. At this time, Mayor Bueker honored Earl Johnson, former Superintendent of Streets and Parks, by presenting him with a plague of appreciation for his five years of service as a City employee. 417 #3 PLANNING & ZONING MINUTES: Mr. Seeba moved to accept the minutes of the Regular Meeting of the Planning & Zoning Commission of August 25, 1976 as presented. Mr. Howe seconded the motion which carried with the following vote: AYES: Mr. Howe, Mr. Seeba, Mr. Schneider and Mr. Sharpe NAYS: None #4 CITIZENS ADVISORY COMMITTEE MINUTES: Mr. Schneider moved to accept the rninutes of the Citizens Mr. Seeba seconded the motion Advisory Committee meeting of August 19, 1976. which carried with the following vote: AYES: Mr. Howe, Mr. Seeba, Mr. Schneider and Mr. Sharpe NAYS: None #5 BVYA: Mr. Murray Denton, president of Buffalo Valley Youth Association addressed the Council with a plea for dismissal of the $1300 bill from the City for electricity and maintenance for the fields used by BVYA during the 1976 season. He explained they are having a complete reorganization of BVYA and will budget for this service for the coming year but just do not have the money to pay this current bill. Mr. Schneider reminded Mr. Denton that last year the BVYA signed a letter in which they promised to pay the City 5% of the profits of the concession stand, which has not been forwarded. Mr. Denton was unaware of this committment and assured the Council that this year any commitment made by the BVYA would be honored. After lengthy discussion on this subject, Mayor Bueker recommended the Council give consideration to this request for dismissal but to continue with the established policy in the future. Mr. Seeba moved to dismiss the charge for electricity and maintenance for BVYA for this year with the provision they pledge to honor future billings. Mr. Schneider seconded the rnotion. After further discussion Mr. Seeba withdrew his motion and Mr. Schneider withdrew his second. Mr. Seeba then moved to dismiss the charge for electricity and maintenance for BVYA for this year with the provision they pledge to honor this years charges to be billed monthly.- Mr. Schneider seconded the motion. Mr. Sharpe stated he felt that the City donated one half of the maintenance costs for this year and thought the City had done enough already. The Mayor then called for a vote of the Council on the above motion which carried as follows: AYES: Mr. Howe, Mr. Seeba and Mr. Schneider NAYS: Mr. Sharpe 418 #6 BID OPENING: Bids were opened and read by the Mayor as follows for the City's insurance program: Automobile Workmans Compensation Compo Gen. Liab. Inland Marine Employee Blanket Bond Fire & Ext. Coverage TOTAL NET PREMIUM MUEHL & KOEBIG $ 4,765 5,796.15 5,399.17 353 203 (3 yr) 2,403 (3 yr) $19,601.99 LEN BOYD ASSO. $ 6,409 7,093.82 6,172 282 50 (1 yr) 2,403 (3 yr) $20,992.82 TRI CITY INS. $ 6,409 7,111 4,975 588 175 (3 yr) 2,532 (3 yr) $21,790.00 The City Manager asked if any of the three bidders had any objection or if it w(luld present any problems for them if the awarding of bids was deferred until the next regular rneeting of the City Council and no one objected. Mr. Seeba moved to postpone the awarding of bids on the City's insurance program until the next regular meeting of the City Council on September 21,1976. Mr. Howe seconded the motion which carried with the following vote: AYES: Mr. Howe, Mr. Seeba, Mr. Schneider and Mr. Sharpe NAYS: None #7 RESOLUTION: Mr. Arnold introduced Bo Graves, engineer for Homecraft Corporation, who explained to the Council they were perfectly satisfied with the letters of agreement already received for service from the Schertz Volunteer Fire Department and Schertz Area Facility for Emergency Service. However, Comal County Commissioners say they must have a resolution signed by the Council giving this same information. Mr. Graves went on to say that he felt this to be ridiculous and almost an insult to the Council but asked the Council to consider the request as Comal County Commissioners had instructed the Utilities Company not to furnish electricity to that portion of the subdivision in their County unless the plat was filed and of course they will not accept the plat for filing without the requested resolution. Mr. Harris, City Attorney, when asked if the Council could commit a volunteer organization, answered that the Council can pass a resolution such as the one in question but it would not be binding on the volunteer organizations. In his opinion, the Commissionerls Court has no jurisdiction over this matter at all. What they are doing is usurping the power of the Schertz Planning and Zoning Commission and the City Council. Mr. Schneider said he felt this was not the City Council IS problem. Mr. Howe moved to authorize the Mayor to sign the resolution captioned below as the City Council and Planning & Zoning Commission concurred with everything Homecraft presented for Northcliff Subdivision. Mr. Seeba seconded the motion. Mr. Sharpe stated he does not know why the City should continue to support Homecraft when they elected to build outside the city limits. Mayor Bueker called for a vote on the motion, with the following results: AYES: Mr. Howe and Mr. Seeba NAYS: Mr. Schneider and Mr. Sharpe Mayor Bueker voted AYE to break the tie. Motion carried. -1-19 RESOLUTION NO. 76-R-7 A RESOLUTION TO PROVIDE EMERGENCY SERVICE AND PROTECTION TO NORTHCLIFF SUBDIVISION #8 TAX ROLL: Tax Assessor/Collector Hal Baldwin and Mr. Willman of the Board of Equalization, presented the 1976 Tax roll to the Council for perusal. They also presented the Council with a letter from the Board of Equalization with their recommendations. Mr. Schneider moved to accept the tax roll for the year 1976 as presented. Mr. Seeba seconded the motion which carried with the following vote: AYES: Mr. Howe, Mr. Seeba, Mr. Schneider and Mr. Sharpe NAYS: None #9 RESOLUTION: Mr. Arnold explained the amendments contained in the pro- posed resolution are replacement pages to the pay plan. The changes presented were strongly requested by the representative of AACOG, who has helped write the plan. Mr. Seeba expressed the need for the department heads to be by grades rather then by position, giving more flexibility for department heads. Mr. Seeba moved to adopt the following captioned resolution as presented with the provision that verbiage be written to provide for grades and evaluation of position into grades within the Department Head pay classification. Mr. Howe seconded the motion which carried with the following vote: AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, and Mr. Sharpe NAYS: None RESOLUTION NO. 76-R-8 A RESOLUTION AMENDING RESOLUTION NO. 75-R-19 PERTAIN- ING TO THE MAINTENANCE AND UPDATING PROCEDURES TO THE EVALUATION, CLASSIFICATION AND COMPENSATION PLAN AND MERIT SYSTEM. #10 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 as an emergency measure, which motion was seconded by Mr. Seeba. Whereupon said motion was fully dis- cussed and considered. The Mayor put the motion to consider said ordinance as an emergency measure to the members of the City Council and said motion was approved and adopted by the following vote: AYES: Mr. Howe, Mr. Seeba, Mr. Schneider and Mr. Sharpe NAYS: None The Mayor then introduced the hereinafter set forth ordinance as an emergency measure. Thereupon it was moved by Mr. Sharpe 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 and Mr. Sharpe NAYS: None 420 ORDINANCE NO. 76-M-7 AN ORDINANCE PROVIDING FUNDS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1976 AND ENDING SEPTEMBER 30, 1077, 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 OPER- ATION OF THE VARIOUS DEPARTMENTS AND FOR VARIOUS ACITVITIES AND IMPROVEMENTS OF THE CITY; LEVYING AND ASSESSING ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF SCHERTZ, TEXAS, FOR THE YEAR 1976; PROVIDING THE BASIS OF ASSESSMENT OF APPRAISED VALUE AND PROVIDING FOR THE COLLEC- TION THEREOF AT THE RATE OF $1.00 ON THE ONE HUNDRED DOLLAR ($100.00) ASSESSED VALUATION; AND STIPULATING EMERGENCY ADOPTION. #11 ORDINANCE: The Mayor introduced the following captioned ordinance which was read by the City Secretary. Mr. Seeba moved that said ordinance be considered by the Council as an emergency measure, which motion was seconded by Mr. Schneider. Whereupon said motion was fully discussed and considered. The Mayor put the motion to consider said ordinance as an emergency measure to the members of the City Council and said motion was approved and adopted by the following vote: AYES: Mr. Howe, Mr. Seeba and Mr. Schneider NAYS: Mr. Sharpe The Mayor then introduced the hereinafter set forth ordinance as an emergency measure. Thereupon it was moved by Mr. Seeba and seconded by Mr. Schneider that said ordinance be finally passed and adopted as amended. Mr. Sharpe stated he would have to vote against this ordinance as he believes it is fair to residences bu unfair to businesses. The Mayor put the motion to a vote of the Council and the ordinance was finally passed and adopted by the following vote: AYES: Mr. Howe, Mr. Seeba and Mr. Schneider NAYS: Mr. Sharpe ORDINANCE NO. 76-F-8 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS GOVERNING CONNECTION TO THE SEWER SYSTEM OF THE CITY AND REGU- LATING THE SAME; ESTABLISHING FEES FOR CONNECTION TO THE CITY's SEWERS; PRESCRIBING FEES TO BE PAID TO THE CITY FOR SEWER SER- VICES; ALLOWING FOR INSPECTIONS BY THE CITY; PROVIDING FOR PAYMENT OF SEWER BILLS TO THE CITY WITHIN A CERTAIN TIME LIMIT AND PROVIDING PENALTIES FOR LATE PAYMENT; REPEALING SEVEN PRIOR ORDINANCES OF THE CITY NUMBERED 80, 80A, 80B, 95, 159, 74-F-8 AND 74-F-ll, AND ALL OTHER CONFLICTING ORDINANCES; PROVIDING A PENALTY FOR VIOLATION OF THIS ORDINANCE; CONTAINING A SAVINGS CLUASE; PROVIDING FOR PUBLICATION OF THE CAPTION OF THIS ORDINANCE; PROVIDING AN EFFECTIVE DATE FOR THIS ORDINANCE; AND DECLARING AN EMERGENCY. 421 #12 EMS: Mayor Bueker explained the subject of extending SAFES into Bexar County areas of the extra territorial jurisdiction of participating cities was brought up at the last Community Council meeting. Mr. Baldwin, president of SAFES Board of Directors, explained they are just asking to be allowed to provide rescue service to the people in these areas until the EMS people that are paid to cover these areas can arrive on the scene. It was Council concensus to support the concept of extending SAFES area of rescue service as outlined by Mr. Baldwin above. #13 WATER CONTRACTS: Mr. Arnold informed the Council that he had heard nothing back from Schaefer Road Rural Water Supply concerning the water contract. Their arbitrator had told Mr. Gaddis he would go to his Board and get back in touch with Mr. Gaddis or Mr. Arnold but to date neither have been contacted. #14 ENTEX: Mr. Arnold gave copies of Entexl application for an adjustment in rates to be charged for natural gas service to the Council. After careful perusal of the contents of the application, it was Council decision that clear, competent and convincing evidence was not presented; therefore they requested the City Manager to so notify Mr. Overstreet, District Manager for Entex asking him to resubrnit their application in accordance with the City Charter. #15 MUNICIPAL COMPLEX: Mr. Arnold briefed the Council on the Public Works Act funding that may be available for a Municipal Complex. Mr. Carol Johnson of CCMA, who has attended several rneetings on the Public Works Act, told the Council what would be needed to go with the applica- tion for funds under this act. This would include architects drawing and cost estimates. Mr. Arnold was directed to contact architects who have experience with building municipal complexes and bring before the Council at a later meeting to be inter- view for possible hiring. #16 PAYMENT AUTHORIZATION: Mr. Seeba moved to authorize payment to R & R Construction Company in the amount of $21,043.32 for South Schertz water line project. Mr. Schneider seconded the motion which carried with the following vote: AYES: NAYS: Mr. Howe, Mr. Seeba, Mr. Schneider, and Mr. Sharpe None #17 PAYMENT AUTHORIZATION: Mr. Seeba moved to authorize payment to Howard Gaddis for engineering fees based on the South Schertz Water Line contract in the amount of $4,486.00. Mr. Schneider seconded the motion, which carried with the following vote: AYES: NAYS: Mr. Howe, Mr. Seeba, Mr. Schneider and Mr. Sharpe None #18 PAYMENT AUTHORIZATION: Mr. Seeba moved to authorize payment to Hayden Sales Construction Company for contractor's estimate #5 in the arnount of $27,275.99. Mr. Howe seconded the motion which carried with the following vote: AYES: Mr. Howe, Mr. Seeba, Mr. Schneider and Mr. Sharpe NAYS: None 422 #19 NEWSLETTER REVIEW: Council reviewed the proposed newsletter and approved it as written with the inclusion of an article on the sewer rates as approved. #20 GENERAL DISCUSSION: A. The City Manager informed the Council that with their concurrence he would like to assist the Police Department of the City of Cibolo by selling them gasoline from our pumps at our cost plus 10% for handling charges. The City Council unanimously concurred in this action. B. Mr. Arnold brought up the subject of the proposed telephone rate increase. He handed out information from the Texas Municipal League (TML) requesting all cities join them in a Motion of Intervention in the case of S.W. Bell Rate Case at a cost of 3 cents per person or a total cost of $122.00. At the request of Mr. Schneider and two other members of the Council, this item was placed on the agenda for action. Council then discussed and considered the issue thoroughly. Mr. Seeba moved to authorize and direct the Mayor to sign a Motion of Interven- tion with the TML and to authorize the City Manager to spend $122.00 to support the hiring of rate consultants by the TML and to authorize the TML to represent the City of Schertz in the S.W. Bell Rate Case currently pending before the Public Utility Commission. Mr. Sharpe seconded the motion which carried with the following vote: AYES: Mr. Howe, Mr. Seeba, Mr. Schneider and Mr. Sharpe NAYS: None C. Mr. Howe asked for an updating of the 50 unit elderly housing project. Mayor Bueker said he and Mr. Arnold had taken all the correspondence and facts to the Washington D.C. HUD office as briefed previously. He had talked with Mr. Kazen's office and was told it is back in HUD now and Mr. Kazen has not had a status report back as yet. It was Council decision to delay and hold in abeyance and decision on this subject at this time until they can hear from Mr. Kazen after he gets more information from HUD. At this time Mayor Bueker recessed the regular meeting in order to call an Executive Meeting under Section 2 (g) of Chapter 31 of the Open Meeting Law at 1 :10 P.M. The Regular Meeting was reconvened at 1 :40 A.M. and on a motion duly made and seconded, the meeting adjourned at 1 :40 A.M. ATTEST: /;~6' ~ Mayof, City of Schertz u... ~ ~ ~ecretary, L ..~ . Ci ty of Schertz