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10-15-1974 159 REGULAR MEETING OF THE CITY COUNCIL OCTOBER 15, 1974 The Schertz City Council convened in Regular Session, Tuesday, October 15, 1974 at 7:07 P.M. in the Council Chambers, 401 Oak Street with the following members present: Mayor Robert C. Bueker, presiding; Mrs. Nell G. Funk, Donald J. Seeba, Robert E. Schwartz, and Mrs. Bobbie L. Koch. Absent: Tom Koole. Also present were Assistant City Manager Harold D. Baldwin and City Secretary June G. Krause. In APPROVAL OF MINUTES: A. Mrs. Koch moved to approve the minutes of the Regular Meet- ing of October 1, 1974, as written. Mr. Seeba seconded the motion which carried with the following vote: AYES: Mrs. Funk, Mr. Seeba and Mrs. Koch. NAYS: None ABSTAINING: Mr. Schwartz as he was not present. #2 HEARING OF RESIDENTS: Mr. Richard Mansfield asked the status of the sewer collection lines in Deer Haven and where would they run. Mayor Bueker showed on the map just where the lines would be installed. #3 VFW MONUMENT: Mr. Bob Broff introduced Mr. David Dego- llado, Post CVll11uander, then brought the Council up to date on the construction and dedication plans for placing a monument in the City park. The celebration is to take place November 11, 1974 at 4:00 P.M. The Lackland "Band of the West" will be present as well as local dignataries, MIA families and WI veterans. The local Jr. ROTC will perform honor guard duties. Mayor Bueker and the Council wished to express their appreciation for all the efforts being put forth in this endeavor and expressed their request that this be an annual celebration. #4 ORDINANCE: The Mayor introduced the following captioned ordinance which was read in full. Council- member Funk moved that said ordinance be considered by the Council as an emergency measure. Said motion was seconded by Mr. Schwartz. , 'I~> Whereupon said motion was fully discussed and considered. The I {p;f' . 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: NAYS: All members present voted "AYE". None. The Mayor then introduced the hereinafter set forth ordinance as an emergency measure. Thereupon it was moved by Mrs. Funk and seconded by Mr. Schwartz that said ordinance be finally passed and adopted. The Mayor put the motion to the members of the City Council for vote and the ordinance was finally passed by the following vote: AYES: All members present voted "AYE". NAYS: None 1GO ORDINANCE NO. 74-H-42 AN ORDINANCE AMENDING ORDINANCE NO. 74-H-7 OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS SO AS TO ADD ARTICLE II, SECTION 10 - PROHIBITING DOGS AND CATS FROM RUNNING AT LARGE; PROVIDING FOR PUBLICATION OF SAID ORDINANCE; AND DECLARING AN EMERGENCY. If5 ORDINANCE: The Mayor introduced the following captioned Ordinance which was read in full. Mrs. Koch moved that said ordinance be considered by the Council. Mrs. Funk seconded the motion which was carried by the following vote: AYES: All Councilmembers present voted "1\YE". NAYS: None The following captioned ordinance was then discussed and fully considered -by the Council. AN ORDINANCE SETTING A TIME, DATE AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED ANNEXA- TION OF ONE CERTAIN TRACT OF LAND CONTAINING 85.474 ACRES OUT OF COMAL COUNTY, TEXAS BY THE CITY OF SCHERTZ, TEXAS, AND AUTHORIZING AND DIRECTING THE CITY SECRETARY TO PUBLISH NOTICE OF SUCH PUBLIC HEARING Whereupon Mrs. Koch moved that said ordinance be further considered at the next regular meeting of the City Council to be held on the 5th day of November, 1974, which motion was seconded by Mrs. Funk and which carried by the following vote: AYES: All Councilmembers present voted "AYE" NAYS: None If6 ORDINANCE: The Mayor introduced the following cap- tioned ordinance which was read in full by the Mayor. Councilmember Seeba moved that said ordinance be considered by the Council. Mrs. Funk seconded the motion which was carried by the following vote: AYES: All Councilmembers present voted "AYE". NAYS: None The following captioned ordinance was then discussed and fully considered by the Council: AN ORDINANCE CREATING AND ESTABLISHING A PERSONNEL BOARD OF THE CITY OF SCHERTZ, TEXAS; PROVIDING FOR THE APPOINTMENT OF THE MEMBERS OF SAID BOARD AND LENGTH OF TERM OF THE MEMBERS; PROVIDING FOR THE SELECTION OF A CHAIRPERSON; AND PRESCRIBING THE POWERS AND DUTIES OF SAID BOARD. Whereupon Mr. Seeba moved that said ordinance be further considered at the next regular meeting of the City Council to be held on the 5th day of November, 1974, which motion lGl was seconded by Mrs. Funk and which carried by the following vote: AYES: All Councilmembers present voted "Aye". NAYS: None In ORDINANCE: The Mayor introduced the following captioned ordinance which was read in full by the Mayor. Mrs. Koch moved that said ordinance be considered by the Council. Mr. Schwartz seconded the motion which was carried by the following vote: AYES: All Councilmembers presnet voted "AYE". NAYS: None The following captioned ordinance was then discussed and fully considered by the Council: AN ORDINANCE PROVIDING FOR THE APPROVAL OF THE AGREEMENT BETWEEN THE STATE OF TEXAS AND THE CITY OF SCHERTZ, FOR THE INSTALLATION, CONSTRUCTION EXISTENCE, USE, OPERATION, AND MAINTENANCE OF HIGHWAY SIGNAL PROJECT AT THE LOCATION SHOWN ON EXIHIBIT 1, ATTACHED HERETO AND MADE A PART HEREOF, IN THE CITY OF SCHERTZ; PROVIDING FOR THE EXECUTION OF SAID AGREEMENT: AND DECLARING AN EMERGENCY. Whereupon Mrs. Koch moved that said ordinance be further consi- dered at the next regular meeting of the City Council to be held on the 5th day of November, 1974, which motion was seconded by Mr. Schwartz and which carried by the following vote: AYES: All Councilmembers present voted "AYE". NAYS: None. #8 RESOLUTION: The Mayor introduced the following captioned Resolution which was read in full. Mr. Schwartz moved for adoption of resolution No. 74-R-lO. Mrs. Funk r" r,'''' seconded the motion which carried with the following vote: )~~ AYES: All Councilmembers present voted "AYE". NAYS: None. A RESOLUTION FOR THE CITY COUNCIL OF SCHERTZ, TEXAS TO APPOINT DENNY L. ARNOLD, CITY MANAGER OF THE CITY OF SCHERTZ, TEXAS, AS RESPONSIBLE OFFICER AND FISCAL OFFICER FOR THE SWIMMING POOL PROJECT IN ACCORDANCE WITH GUIDELINES ESTABLISHED BY THE BUREAU OF OUTDOOR RECREATION LAND AND WATER CONSERVATION FUND. Mr. Larry. Burnside, Administrative Assistant, gave a presentation of the swimming pool project and requirements pursuant to applying for a Parks and Wildlife Grant for park improvements. #9 COUNCIL ROOM REPAIRS: Mayor Bueker read bids for gas furnace and air conditioning of the new Council Chambers, 401 Oak Street, in the amounts of $1328.75 and $1208.75 excluding electric and carpenter work, 1G2 "I f\ lP' ' \lo with an additional $350 for 6" fiberglass insulation. After consideration by the Council, Mr. Seeba moved to proceed with the installation of heating and insulation at this time. Mrs. Funk seconded the motion which carried with the following vote: AYES: NAYS: Mrs. Funk, Mr. Seeba, Mr. Schwartz and Mrs. Koch. None. #10 P&Z APPOINTMENT: Council considered the appointment of Sam L. Carey to the Planning and Zoning Commission in accordance with recvwwendations in their minutes of September 11, 1974. Mayor Bueker reminded the Council there is a list of volunteers at City Hall who desire to be on one of the City Committees and these names should be considered before any other name is submitted. Mr. Seeba moved the name of Sam L. Carey be returned to the P&Z Cv~uission for consideration along with the other names on the list at City Hall and then bring back their recommend- ations to the Council. Mrs. Koch seconded the motion which carried with the following vote: AYES: NAYS: Mrs. Funk, Mr. Seeba, Mr. Schwartz and Mrs. Koch. None. #11 P&Z MINUTES: Mr. Schwartz moved to accept the minutes of the regular meeting of the Planning and Zoning Commission of September 11, 1974, as presented. Mrs. Funk seconded the motion which carried with the following vote: AYES: NAYS: Mrs. Funk, Mr. Seeba, Mr. Schwartz and Mrs. Koch. None. Mr. Seeba then recommended that in the future all zoning problems go first to the Planning & Zoning CUllllllission for approval or rejection and then have written acceptance from the Commission before being presented to the Council. With reference to item 4 of these minutes in which the Commission feels it should be included in all annexation plans as outlined in Ordinance 93, Mayor Bueker explained it was not necessary to detail each annexation with the CV1l111lission but the Council should have an annual meeting with them on annexation plans and explain Council's intents and purposes thereof. #12 CAC MINUTES: Mr. Seeba moved to accept the minutes of the Citizens Advisory CUll11lli ttee regular meeting of August 29, 1974, as presented. Mr. Schwartz seconded the motion which carried with the following vote: AYES: Mrs. Funk, Mr. Seeba, Mr. Schwartz and Mrs. Koch. NAYS: None. Mr. Schwartz moved to accept the CAC minutes of the regular meeting of September 25, 1974 as presented. Mrs. Funk seconded the motion which carried with the following vote: AYES: Mrs. Funk, Mr. Seeba, Mr. Schwartz and Mrs. Koch. NAYS: None. 163 Council action pertaining to the CAC minutes of 8-29-74: Council concurred there is no basis for use of indelible pencils at City Elections. Mr. Schwartz recommended a letter of appreciation be sent to Coach Beard for a job well done concerning the Summer Youth recreation program. Council action pertaining to the CAC minutes of 9-26-74: Complaints of motorcycle noise, squeeling tires, drag racing and other obnoxious and unsafe driving practices were discussed with Chief of Police Schoonover, who has agreed to meet with the CAC at the December meeting to discuss same. The large holes in the surface of Mitchell Avenue have been repaired. As the the request of a four-way stop sign at the intersection of Marilyn Drive and Chestnut Drive, the street Superintendent, Earl Johnson, reported these signs have been on order for several months and will be installed immediately upon receipt - this intersection is by ordinance designated a four-way stop corner. #13 GENERAL DISCUSSION: Mr. Schwartz reported a 25 minute delay in the time of an accident on Randolph Avenue being reported and the arrival of the Police with no explanation from the officer for the delay. Also Council has had complaints of the uncooperative attitude of the woman dis- patcher from Seguin. Chief Schoonover said he would investigate. Mrs. Koch reported that Mrs. Bennett, City Welfare Director, had informed her that efforts have ceased on the proposed Day Care Center as no funds are available. With reference to Mr. Arnold's memo to the Counci, item #8, in which he states he is working on a City Manager's newsletter which will be an end of the fiscal year report, Mayor Bueker suggested the newsletter should come from the Council -' elected officials. The City Manager should compile the material and submit it to the Council for distribution. #14 PREVIOUSLY TABLED SUBJECTS: There was nothing new to report on item 1 Sewer Collection lines in Deer Haven, #2 Industrial Park, #3 Annexa- tions. #4 Drainage Improvements: Mr. Arnold had reported by memo to the Council the new easement for the south drainage ditch was at the stage now of waiting for Mr. Beck to sign it at his attorney's. Council decided to ask City Attorney Richard Harris to contact the attorney for Mr. Beck to finalize the easement papers by Nov- ember 5, 1974 or the City would just have to go with the old easement as Urban Renewal is ready to commence their portion of the drainage project. 164 \ tf\ \V #5 Water and Sewer Rebates: After discussion by the Council, Mr. Seeba moved to pay Mr. Odo Riedel rebates due him in the amount of $2947.74 and to negotiate with Mr. Schaefer on his participation on the Elbe1 Road project. Mrs. Koch seconded the motion which carried with the following vote: AYES: Mrs. Funk, Mr. Seeba, Mr. Schwartz and Mrs. Koch. NAYS: None. #15 ADJOURNMENT: Mr. Seeba moved the meeting be adjourned at 10:17 P.M. Mrs. Funk seconded the motion which carried with the following vote: AYES: Mrs. Funk, Mr. Seeba, Mr. Schwartz and Mrs Koch. NAYS: None. aLe 'iLL Mayor, City of Schertz, Texas ATTEST: ~ I ..Jj. J1., 6Uto2.~ " z7~y Secretary, City of Schertz SPECIAL MEETING OF THE CITY COUNCIL OCTOBER 22, 1974 The Schertz City Council convened in Special Session, Tues- day, October 22, 1974, at 7:10 P.M. in the Council Chambers, 401 Oak Street with tihe following members present: Mayor Robert C. Bueker, presiding; Mrs. Nell G. Funk, Mr. Donald J. Seeba, Mr. Tom Koole and Mrs. Bobbie L. Koch. Absent: Mr. Robert E. Schwartz. Also present were City Manager Denny L. Arnold and City Secretary June G. Krause. Mayor Bueker asked to pass over item 1 at this time as the Cibilo Council had not arrived. #2 General Discussion of Planning & Zoning procedures. Mr. Chuck Peifer asked the Council what the P&Z CUlwuission could do about the following things that have already taken place, such as annexation, the Highway 78 By-Pass route and the fact that the Planning Commission and Council have allowed the sewer system to become overcrowded. Mayor Bueker provided the background information on these subjects, stating that annexation started several years ago when the planning had been an action the Council performed. In 1969 the City elected to grow with a total City concept, rather than stagnate,with annexations following a logical manner.