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:
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~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:
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Mayof, City of Schertz
u... ~ ~
~ecretary,
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Ci ty of Schertz