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ccreg 09-21-1976 426 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 427 #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. 428 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: 0:__, {~~n,~I~ ~retary, City of Schertz ~{? ~~ Mayor, City of Schertz, Texas