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11-05-1974 IGG REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 5, 1974 The Schertz City Council convened in Regular Session, Tues- day, November 5, 1974 at 7:08 P.M. in theCouncil Chambers, 401 Oak Street with the following members present: Mayor Robert C. Bueker, presiding; Mrs. Nell G. Funk, Donald J. Seeba, Tom Koole, ~obert E. Schwartz and Mrs. Bobbie Koch. Also present were Denny L. Arnold, City Manager, Attorney Richard Harris and City Secretary June G. Krause. In APPROVAL OF MINUTES: A. Mr. Seeba moved to approve the minutes of the Public Hearing of October 15, 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 ABSTAINING: Mr. Koo1e - not present at this meeting. B. Mrs. Funk said that although she did not have any corrections to the minutes of the Regular Meeting of October 15, 1974, she would like to comment on the third paragraph of item #13 on page 163. She did not agree that a newsletter of the City should come from the elected officials but that it should come from the City Manager who has all information readily available at City Hall, and which would insure that the newsletter would not become political. After discussion as to how the newsletter should be distri- buted, Mrs. Koch suggested it be printed in the aficia1 newspaper. Mrs. Koch moved to accept the minutes of the regular meeting of October 15, 1974 as presented. Mr. Seeba seconded the motion which carried with the following vote: AYES: Mrs. Funk, Mr. Seeba, Mr. Schwartz and Mrs. Koch. NAYS: None. ABSTAINING: Mr. Koo1e - not present at this meeting. C. Mr. Seeba moved the minutes of the special meeting of October 22, 1974 be accepted as presented. Mrs. Funk seconded the motion which carried with the following vote: AYES: Mrs. Funk, Mr. Seeba, Mr. Koole and Mrs. Koch. NAYS: None. ABSTAINING: Mr. Schwartz - not present at this meeting. #2 HEARING OF RESIDENTS: There were several citizens present inquiring about the increase in sewer rates on their present months billing, in- cluding Mr. Chuck Peifer, Harold Christian, Richard M~sfie1d, and Ralph Feese. Mayor Bueker and the Councilmembers gave background information and explained in detail the necessity for raising the sewer rates at this time. Mr. Walt Mentzer questioned Mr. Arnold as to the status of the area along FM 1518 being used for motor bike riding. Mr. Arnold has determined the owner's name but has not been 1G7 able to get in touch with him for the necessary permission to use the land for that purpose. #3 URBAN RENEWAL PROJECT: Mr. Charles Cross, Engineer for Urban Renewal Agency of the City of Schertz addressed the Council concerning the storm drainage system, stating the bids for this project were below estimates and requesting Council's desires for the funds over the amount of the contract. After Council discussion, Mr. Seeba moved to extend the Urban /09 i1J Renewal contract to include the extention of the drainage to ' winburn Avenue with a bleeder line to Aero Avenue along Randolph Avenue and if funds permit, to repair the roof on the Council Chambers, 401 Oak Street. Mrs. Funk seconded the motion which carried with the following vote: AYES: Mrs. Funk, Mr. Seeba, Mr. Koole, Mr. Schwartz and Mrs. Koch. NAYS: None #4 GVEC: Mr. Milton D. Hines, General Manager of Guadalupe Valley Electric Cooperative, addressed the Council answering several questions concerning their billing, a proposed operating agreement between GVEC and the City concerning electrical permi ts and inspections, and street lighting plan along Highw'ay 78. Mro Hines gave Council copies of a letter encVlllpassing the questions asked by Council and GVEC's replies. With reference to the sample block of street lighting along FM 78 Mr. Hines said if it meets with Council approval GVEC is ready to go ahead with the lighting plan including buried service. J ' r n Mrs. Koch moved to accept the street lighting arrangement along I (p-l" i I FM 78 from FM 3009 to the Cibolo Creek as presented by Mr. Hines. Mrs. Funk seconded the motion which carried with the following vote: AYES: Mrs. Funk, Mr. Seeba, Mr. Schwartz and Mrs. Koch. NAYS: None ABSTAINING: Mr. Koole Mr. Hines told the Council that street lighting is costing 200% more today than when it was put in and if the costs con- tinue to rise, GVEC may have to go to installing lights every other block. If5 ORDINANCE: Mayor Bueker introduced the hereinafter set forth ordinance, which has been read and considered at the regular meeting of the City Council on the 17th day of September, 1974. It was determined that the City Secretary had caused a short synopsis of said proposed ordinance to be published in the official City newspaper after its consi- deration at the regular meeting of the City Council of September 17, 1974 and prior to this meeting. 1G8 1\1\ Whereupon it was moved by Mrs. Koch and seconded by Mr. IU\ 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. Seeba, Mrs. Koch and Mr. Schwartz. NAYS: Mrs. Funk. ABSTAINING: Mr. Koole AN ORDINANCE ADOPTING THE 1974 NATIONAL ELECTRICAL CODE AS THE OFFICIAL ELECTRICAL STANDARDS OF THE CITY OF SCHERTZ, TEXAS; CONTAINING A SAVING CLAUSE; REGULATING LICENSING OF ELECTRICIANS; SETTING IN- SPECTION RATES; PROVIDING FOR A PENALTY; AND DE- CLARING AN EMERGENCY. MR. KOOLE LEFT THE MEETING AT 10:22 P.M. Mayor Bueker requested the Council discuss item #11 at this time. #11 ORDINANCE: Larry Burnside restated for the Council the changes that have been previously recommended regarding the proposed Zoning Ordinance and map. The Mayor introduced the following captioned ordinance which was read in full by Larry Burnside. Mr. Schwartz moved that said ordinance be considered by the Council. Mr~. Koch seconded the motion which was carried by the following vote: AYES: Mrs. Funk, Mr. Seeba, Mr. Schwartz and Mrs. Koch. NAYS: None. The following captioned ordinance was then discussed and fully considered by the Council: AN ORDINANCE ESTABLISHING ZONING REGULATIONS AND DIRECTING THE CITY OF SCHERTZ INTO DISTRICTS IN ACCORDANCE WITH A COMPREHENSIVE PLAN, REGULA- TING THE USE OF LAND AND BUILDINGS, DESIGNATING OPEN SPACES, LOT COVERAGE, OFFSTREET PARKING AND THE DENSITY OF URBAN DEVELOPMENT, PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT AND AMENDMENT THEREOF IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 1011a OF THE REVISED CIVIL STATUTES OF TEXAS, PROVIDING A SAVINGS CLAUSE AND FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Whereupon Mr. Schwartz moved that said ordinance be further considered at the next regular meeting of the City Council to be held on the 19th day of November, 1974, which motion was seconded by Mrs. Koch and was carried by the following vote: , I. , l()~ AYES: Mrs. Funk, Mr. Seeba, Mr. Schwartz and Mrs. Koch. NAYS: None. #6 ORDINANCE: Mayor Bueker introduced the hereinafter set forth ordinance, which has been read and considered at the last regular meeting of the City Council on the 15th day of October, 1974. It was determined that the City Secretary had caused a short synopsis of said proposed ordinance to be published in the official City newspaper after its consideration at the last regular meeting of the City Council and prior to this meeting. Whereupon said ordinance was discussed and further considered by the Council. Thereupon it was moved by Mrs. Koch and seconded by Mrs. Funk that said ordinance be finally passed and adopted. The )~1' 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: Mrs. Funk, Mr. Seeba, Mr. Schwartz and Mrs. Koch. NAYS: None. AN ORDINANCE PROVIDING FOR THE EXTENSION OF THE BOUNDARY LINES OF THE CITY OF SCHERTZ, TEXAS BY THE ANNEXATION OF ONE (1) CERTAIN TRACT OF LAND CONTAINING 85.474 ACRES OUT OF COMAL COUNTY, TEXAS In ORDINANCE: Mayor Bueker introduced the hereinafter set forth ordinance, which has been read and considered at the last regular meeting of the City Council on the 15th day of October, 1974. It was determined that the City Secretary had caused a short synopsis of said proposed ordinance to be published in the official City newspaper after its consideration at the last regular meeting of the City Coun- cil and prior to this meeting. Whereupon said ordinance was discussed and further consi- dered by the Council. Thereupon it was moved by Mrs. Koch 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 111/11' ordinance was finally passed and adopted by the following vote: ~, . . AYES: Mrs. Funk, Mr. Seeba, Mr. Schwartz and Mrs. Koch. NAYS: None AN ORDINANCE CREATING AND ESTABLISHING A PERSONNEL BOARD OF THE CITY OF SCHERTZ, TEXAS; PROVIDING FOR THE APPOINTMENT OF THE MEMBERS OF THE 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. #8 ORDINANCE: The Mayor introduced the hereinafter set forth ordinance, which has been read and 170 \ 1 ~' 14 considered at the regular meeting of the City Council on the 17th day of September, 1974. It was determined that the City Secretary had caused a short synopsis of said ordinance to be published in the official City newspaper after its considereation at the regular meeting of the City Council on the 17th day of September, 1974 and prior to this meeting. Whereupon it was moved by Mrs. Koch and seconded by Mr. Schwartz that said ordinance be finally passed and adopted by the following vote: AYES: Mrs. Funk, Mr. Seeba, Mr. Schwartz and Mrs. Koch. NAYS: None. AN ORDINANCE PROVIDING FOR THE APPROVAL OF THE AGREEMENT DATED NOVEMBER 5, 1974 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 EXHIBIT 1, ATTACHED HERETO AND MADE A PART HEREOF, IN THE CITY OF SCHERTZ; PROVIDING FOR THE EXECUTION OF SAID AGREEMENT; AND DECLARING AN EMERGENCY. If9 ORDINANCE: The Mayor introduced the following captioned ordinance which was read in full by the City Manager. Mr. Seeba moved that said ordinance be considered by the Council. Mrs. Funk seconded the motion which was carried by the following vote: AYES: Mrs. Funk, Mr. Seeba, Mr. Schwartz and Mrs. Koch. 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 ANNEXATION OF ONE GiRTAIN TRACT OF LAND CONTAINING 266.035 ACRES OUT OF GUADALUPE COUNTY, TEXAS BY THE CITY OF SCHERTZ, TEXAS, AND AUTHORIZING AND DIRECTING THE CITY SECRETARY TO PUBLISH NOTICE OF SUCH PUBLIC HEARING. Whereupon Mr. Seeba moved that said ordinance be fur- ther considered at the next regular meeting of the City Council to be held on the 19th day of November, 1974, which motion was seconded by the following vote: AYES: Mrs. Funk, Mr. Seeba, Mr. Schwartz and Mrs. Koch. NAYS: None. 171 Manager. Mr. the Council. the following 1110 ORDINANCE: The Mayor introduced the following captioned ordinance which was read in full by the City Seeba moved that said ordinance be considered by Mrs. Funk seconded the motion which was carried by vote: AYES: Mrs. Funk, Mr. Seeba, Mr. Schwartz and Mrs. Koch. 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 ANNEXATION OF ONE CERTAIN TRACT OF LAND CONTAINING 71.046 ACRES OUT OF GUADALUPE COUNTY, TEXAS BY THE CITY OF SCHERTZ, TEXAS, AND AUTHORIZING AND DIRECTING THE CITY SECRETARY TO PUBLISH NOTICE OF SUCH PUBLIC HEARING. Whereupon Mr. Seeba moved that said ordinance be further considered at the next regular meeting of the City Council to be held on the 19th day of November, 1974, which motion was seconded by Mrs. Funk and was carried by the following vote: AYES: Mrs. Funk, Mr. Seeba, Mr. Schwartz and Mrs. Koch. NAYS: None #12 P&Z MINUTES: A. Mr. Schwartz moved to accept the minutes of the Planning and Zoning Cvulluission's regular meeting of September 25, 1974. Mrs. Funk seconded the motion which carried with the following vote: AYES: Mrs. Funk, Mr. Seeba, Mr. Schwartz and Mrs. Koch. NAYS: None B. Mrs. Funk moved the minutes of the Planning & Zoning Regular meeting of October 23, 1974 be accepted as presented. Mr. Seeba seconded the motion which carried with the following vote: AYES: Mrs. Funk, Mr. Seeba, Mr. Schwartz and Mrs. Koch. NAYS: None. #13 P&Z APPOINTMENT: Mr. Seeba moved to appoint Mr. Sam L. Carey, 615 Brooks Avenue, as a member of the Planning and Zoning Commission in accordance with the recommendations in the P&Z minutes of October 23, 1974. Mrs. Funk seconded the motion which carried with the following vote: AYES: NAYS: ",' r ~ I ;'.- , Mrs. Funk, Mr. Seeba, Mr. Schwartz and Mrs. Koch. None #14 CAC MINUTES: Mr. Seeba moved to accept the minutes of the regular meeting of the Citizens Advisory CUllullittee of October 30, 1974. Mrs. Funk seconded 172 the motion which carried with the following vote: AYES: Mrs. Funk, Mr. Seeba, Mr. Schwartz, and Mrs. Koch. NAYS: None #15 GENERAL DISCUSSION: A. Mayor Bueker said he had been approached regarding the salary of the Fire Chief, suggesting his salary should be the same as the Fire Marshall as Chief Woodward has re- signed as City Inspector. It was Council's decision to contact the Board of Directors of the Schertz Volunteer Fire Department for their recvwwendations in this matter. B. A discussion was held concerning the abandonment of that portion of Wright Avenue east of Pfeil Street, which has never been used for street purposes. Attorney Harris was requested to draw up an ordinance to this effect returning the property to the original owners. #16 PREVIOUSLY TABLED SUBJECTS: No. 4 - Drainage Improvements. Mr. Arnold informed the Council concerning the South Drainage project, Mr. Ralph Beck has signed the easement papers and will contact his bank immediately to see what is the delay in finalizing the transaction. No. 5 - Water & Sewer Rebates - The amount approved for pay- ment at the meeting of October 15, 1974 for rebates to Rio Vista Subdivision was for payment of rebates only through September 30, 1973. The payments are still due for years 1974 and 1975. No. 6 - Zoning Board of Adjustments. The Council were asked to be thinking of suitable people for members of the Zoning Board of Adjustments, which should be appointed soon. In7 ADJOURNMENT: Mrs. Funk moved the meeting be ad- journed at 11:35 P.M. Mrs. Koch seconded the motion which carried with a unanimous vote of the Council. &vie 7:LL Robert C. Bueker Mayor, City of Schertz, Texas A~~~ST: ~~ une G. Krause City Secretary