ccreg 09-21-1976
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REGULAR MEETING OF THE CITY COUNCIL
SEPTEMBER 21, 1976
The Schertz City Council convened in Regular Session Tuesday, September 21,
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. Howe, Walter F. Schneider, and Ed L. Sharpe. Absent:
Gail Hyatt. Also present: Assistant CHy t~anager Harold D. Baldwin and City
Secretary June G. Krause. Absent: City Manager Denny L. Arnold.
#1 APPROVAL OF MINUTES: A. Mr. Seeba moved to accept the minutes of
the Public Hearing of September 7, 1976
as presented. Mr. Schneider seconded the motion which carried with the follow-
ing vote:
AYES: Mr. Howe, Mr. Seeba, Mr. Schneider and Mr. Sharpe
NAYS: None
B. Mr. Schneider requested Council members present at the meeting of September
7, 1976 be corrected as follows: "~1ayor Robert C. Bueker, Donald J. Seeba,
Ri cha rd L. Howe, Walter F. Schnei der and Ed L. Sharpe".
Mr. Howe moved the minutes of the Regular Meeting of September 7, 1976 be
approved as corrected. 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. Schneider moved the minutes of the Special Meeting of September 14, 1976
be approved 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: Chief Schoonover requested time to speak when
item #12 is brought before the Council and there
were no residents wishing time for non-agenda items.
#3 PERSONNEL BOARD MINUTES: Mr. Schneider moved to accept the minutes
of the Personnel Board of August 30, 1976.
Mr. Sharpe seconded the motion which carried with the following vote:
AYES: Mr. Howe, Mr. Seeba, Mr. Schneider and Mr. Sharpe
NAYS: None
#4 PLANNING AND ZONING MINUTES: Mr. Sharpe moved to accept the minutes
of the Special Meeting of the Planning
and Zoning Commission of September 16, 1976. Mr. Seeba seconded the motion
which carried with the following vote:
AYES: Mr. Howe, Mr. Seeba, Mr. Schneider and Mr. Sharpe
NAYS: None
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#5 BID AWARD: After a brief discussion of the bids taken at the meet-
ing of September 7, 1976 and the staff recommendations,
Mr. Sharpe moved to accept the low bid of Muehl and Koebig Insurance Agency
in the amount of $19,601.99 based on staff recommendation. Mr. Howe seconded
the motion which carried with the following vote:
AYES: Mr. Howe, Mr. Seeba, Mr. Schneider and Mr. Sharpe
NAYS: None
#6 STREET EASEMENT: Mayor Bueker introduced Mrs. Jupe who addressed
the Council concerning the street easement on her
property at 909 Antler Drive. She wanted to know if there was any way she
could continue to fence off the street easement, giving the city a key, as
her small child had almost been hit by a car already and she felt that when
they move to that address, her child would never be able to play in the back
yard. They have had problems with people living close to this property speed-
ing through this street easement and threatening her with police action if
she leaves an automobile in the easement.
Mayor Bueker explained that this is definitely a public road easement, not
just a utility easernent, and was for the use of the general public. He was
not aware that Mrs. Jupe was using the easement as a driveway; however it
could be used for access to her driveway but not as a drive just for her use.
He also explained that the City Attorney is now looking into this problem and
the Council was waiting action until the City Attorney's recommendation was
received. The City will have the police check on the speeding reported in
that area and will contact Mrs. Jupe when anything new is brought out.
#7 CITIZENS ADVISORY COMMITTEE: Mr. Wayne Ulbrich, new Chairman of the
Citizens Advisory Committee, addressed
the Council requesting the duties and responsibilities of the committee be
explained to them. Mayor Bueker suggested that they make room on the agenda
of their next regular rneeting and Mr. Arnold and/or the mayor would attend and
go into the duties at that time.
#8 PUBLIC WORKS ACT: Council briefly discussed the requested support of
CCMA for an application for grant monies for fur-
thering construction of the Regional Sewage Collection System. As no member
of CCMA was present to present new information, Mayor Bueker tabled this item
until the next regular meeting of the Council on October 5, 1976.
#9 MUNICIPAL COMPLEX: There was no new information to be considered at
this time on the proposed Municipal Complex.
#10 WATER CONTRACTS: Assistant City Manager Hal Baldwin explained to the
Council that Schaefer Road Rural Water Supply District
had paid their current billing for water service at the new rate of 60~ per
thousand; but had not contacted the City in regard to signing a new contract.
He also briefed the Council on a letter received from Mayor Schlather of Cibolo
in which they state they cannot recognize nor accept any rate hike at this time.
They were also mailed the current water bill with the 60~ increase; however,
they recomputed the bill and only sent a check for the old rate - which would
leave a balance due the City of Schertz.
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Mr. Baldwin had contacted the City Attorney, whose oplnlon was that the City
had met the requirements of the contract and Cibolo had not responded to
the arbitration clause. As the City has made a total effort to resolve the
situation with no success, the attorney's recommendation is to proceed with
contract stipulations.
Mr. Schneider moved to go ahead and charge the City of Cibolo 60~ per thousand
as stipulated. Before the motion could be seconded, Mr. Schneider withdrew
the motion.
Mr. Schneider then moved to direct the Assistant City Manager to write a letter
to the City of Cibolo stating if they do not name an arbitrator within 30 days,
we will discontinue water service to them. Mr. Sharpe seconded the motion which
carried with the following vote:
AYES: Mr. Howe, Mr. Seeba, Mr. Schneider and Mr. Sharpe
NAYS: None
#11 P & Z RESIGNATION: Mr. Howe moved that with regret the City
Council accept the resignation of Sam Carey
from the Planning and Zoning Commission. Mr. Sharpe seconded the motion which
carried with the following vote:
AYES: Mr. Howe, Mr. Seeba, Mr. Schneider and Mr. Sharpe
NAYS: None
#12 SECURITY CODE: Council reviewed a proposed Security Code, taking
into consideration the recommendations of City
Staff and the recommendations of Police Chief Schoonover and Jerry Smith, Crime
Prevention Specialist for Alamo Area Council of Governments, who helped with
the drafting of the proposed code.
After lengthy discussion, Mr. Howe moved to have Planning and Zoning Commission
members and the City Inspector study this code and bring their recommendations
back to the Council. Mr. Schneider seconded the motion which carried with the
following vote:
AYES: Mr. Howe, Mr. Seeba, Mr. Schneider and Mr. Sharpe
NAYS: None
#13 GENERAL DISCUSSION: A. Mayor Bueker announced that he had been
requested by residents of Mobile Villa
Estates to do anything possible to get Schertz rnail delivery to their addition.
He said he was going to write to the District Postal Authorities in this respect.
B. Mr. Baldwin briefed the Council on a request from Ladshaw-Miller for water
service to their property which is part of the Heberer tract the City is committed
to furnish with water. The Utility Superintendent was instructed to put in a
temporary service until the Council had set a Water Extention Policy.
#14 ADJOURNMENT: On a motion by Mr. Seeba, seconded by Mr. Sharpe the
meeting adjourned at 9:40 P.M.
ATTEST:
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~retary, City of Schertz
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Mayor, City of Schertz, Texas