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11-19-1974 (2) 174 PUBLIC HEARING OF THE CITY COUNCIL NOVEMBER 19, 1974 The Schertz City Council held a Public Hearing, Tuesday, November 19, 1974 in the Council Chambers, 401 Oak Street, at 7:08 P.M. Councilmembers present were: Mayor Robert C. Bueker, presiding; Mrs. Nell G. Funk, Donald J. Seeba, Tom Koole, Robert E. Schwartz, and Bobbie L. Koch. Also present were City Manager Denny L. Arnold and City Secretary June G. Krause. The Public Hearing was held pursuant to annexation proceedings on a 85.474 acre tract of land along the M-K-T Railroad to Schwab Road out of Comal County. For the benefit of those in the audience, Mayor Bueker pointed out on the map the area involved and gave a brief explanation of the reasons for the annexation. There being no persons present wishing to be heard regarding the annexation, Mayor Bueker declared the Public Hearing closed at 7:10 P.M. .&{!~ Mayor, City of Schertz, Texas ATTEST: a~ ,lj .K~~ ~y SecretarY, City of Schertz REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19, 1974. The Schertz City Council convened in Regular Session, Tuesday, November 19, 1974 at 7:10 P.M. in the Council Chambers, 401 Oak Street with the following members present: Mayor Robert C. Bue~er, presiding; Mrs. Nell G. Funk, Donald J. Seeba, Tom Koole, Robert E. Schwartz and Mrs. Bobbie L. Koch. Also pre- sent City Manager Denny L. Arnold and City Secretary June Krause. 111 APPROVAL OF MINUTES: A. Mrs. Koch asked the typographical errors in her name be corrected on pages 166 and 167. Mayor Bueker requested the following sentence be added to the first paragraph under #1 B of the minutes of the Regular Meeting of November 5, 1974: "The newsletter to be prepared for Council approval at monthly work sessions." Mrs. Koch moved to accept the minutes of the Regular Meeting of November 5, 1974 as corrected. Mr. Seeba seconded the motion which carried with the following vote: 175 AYES: Mrs. Funk, Mr. Seeba, Mr. Koole, Mr. Schwartz and Mrs. Koch. NAYS: None. B. Mrs. Koch moved to approve the minutes of the Special Meet- ing of November 12, 1974 as written. Mr. Schwartz seconded the motion which carried with the following vote: AYES: Mrs. Funk, Mr. Seeba, Mr. Schwartz and Mrs'. Koch. NAYS: None. ABSTAINING: Mr. Koo1e. #2 HEARING OF RESIDENTS: Mr. Herbert 'Vollbrecht addressed the Council concerning the new sewer rates. Mayor Bueker again explained how the Council arrived at the new rate system and the need for a rate increase. #3 PLANNING & ZONING MINUTES: Mrs. Funk moved the minutes of the P&Z Regular meeting of November 13, 1974 be accepted as presented. Mr. Seeba seconded the motion which carried with the following vote: AYES: Mrs. Funk, Mr. Seeba, Mr. Koo1e, Mr. Schwartz and Mrs. Koch. NAYS: None. 1f4 PLANNING & ZONING APPOINTMENT: Mr. Koo1e moved to r1IL appoint Mr. Raymond ,L/-11 Stanhope of 704 Pecan Drive to the P&Z Commission as recom- J1~ mended by the members of the P&Z Commission. 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. 1f5 BID OPENING: Becker Mtr. Co. Bock Mtr. Co. Hemphill McCombs Koepp Chev. Co. Jack Rieger Jordan Ford Ewald Tractor Co. Cooper Equip. Co. Girard Mach. & Sup. Girard Mach. & Sup. Int. Harvester opened and read on City as follows: Item 3 Item 5 3/4 Ton Pickup Police Car $4399.58 $4370.26 $4295.22 $4255.34 Bids were Equipment Item 1 1/2 Ton Pickup $4047.34 $3989.00 $3922.95 $3938.45 $4830.70 No Bid No Bid $4683.61 $4647.15 $4434.00 No Bid No Bid $4308.00 $3867.00 Item 2 Tractor w/front $8783.00 $10,191.15 $9650.00 $9142.00 $7756.50 loader Item 4 Tractor $6288.00 $7065.15 $6247.00 No Bid $6199.00 176 Mr. Arnold and City Staff will analyze all the bids and bring their recvlwllendations to the Council at the next Regular Meeting on December 3, 1974 for awarding. #6 ORDINANCE: After Council discussion, Mrs. Koch moved to table this _ordinance as being in violation of State Law because it would include more than the 30% acreage allowed to be annexed for this year. Mr. Seeba seconded the motion which carried with the following vote: AYES: Mrs. Funk, Mr. Seeba, Mr.Koole, Mr. Schwartz and Mrs. Koch. NAYS: None. #7 ORDINANCE: The Mayor introduced the hereinafter set forth ordinance, which has been read and considered at the last regular meeting of the City Council on the 5th day of November, 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. H~ I~~" Thereupon it was moved by Mr. Schwartz and seconded by Mrs. Funk 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: Mrs. Funk, Mr. Seeba, Mr. Koo1e, Mr. Schwartz and Mrs. Koch. NAYS: None. ORDINANCE NO. 74-A-47 AN ORDINANCE SETTING A TIME, PLACE AND DATE FOR A PUBLIC HEARING ON THE PROPOSED ANNEXA- TION 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. #8 ORDINANCE: The Mayor introduced the hereinafter set forth ordinance, which has been read and considered at the last regular meeting of the City Council on the 5th day of November, 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 consid- eration 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. 177 Thereupon it was moved by Mrs. Koch and seconded by Mrs. Funk 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: Mrs. Funk, Mr. Seeba, Mr. Koo1e, Mr. Schwartz and Mrs. Koch. NAYS: None. )1" ',I J. ORDINANCE NO. 74-s-48 AN ORDINANCE ESTABLISHING ZONING REGULATIONS AND DIVIDING THE CITY OF SCHERTZ INTO DISTRICTS IN ACCORDANCE WITH A COMPREHENSIVE PLAN, REGULATING THE USE OF LAND AND BUILDINGS, DESIGNATING OPEN SPACES, LOT COVERAGE, OFF STREET PARKING AND THE DENSITY OF URBAN DEVELOPMENT, PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT AND AMENDMENT THEREOF IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE lOlla OF THE REVISED CIVIL STATUTES OF TEXAS, PROVIDING A SAVINGS CLAUSE AND FOR THE REPEAL OF ALL ORDIN- ANCES IN CONFLICT HEREWITH, PROVIDING A PENALTY CLAUSE, PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. If9 ORDINANCE: The Mayor introduced the following captioned ordinance which was read in full by the City Manager. Mr. Schwartz moved that said ordinance be considered by the Council. Mr. Seeba seconded the motion which carried by the following vote: AYES: Mrs. Funk, Mr. Seeba, Mr. Koole, Mr. Schwartz and Mrs. Koch. NAYS: None. The following captioned ordinance was then discussed and fully considered by the Council: AN ORDINANCE PROVIDING FOR THE EXl~NSION 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. Whereupon Mr. Schwartz moved that said ordinance be further considered at the next regular meeting of the City Council to be held on the 3rd day of December, 1974, which motion was seconded by Mr. Seeba and which carried with the following vote: AYES: Mrs. Funk, Mr. Seeba, Mr. Koole, Mr. Schwartz and Mrs. Koch. NAYS: None. #10 SCHOOL SEWER RATE: The Council had a request from the Superintendent of Schools, Mr. Nalls, for special consideration be given the School District 178 1~~,11 H(L'(f /"1< on their sewer charge, stating that so much of the water usage for the schools in Schertz goes on the football fields and not in the sewer system. After Council discussion, Mrs. Koch moved to table this item until further research can be done and more information is available. Mr. Koole seconded the motion which carried by the following vote: AYES: Mrs. Funk, Mr. Seeba, Mr. Koo1e, Mr. Schwartz, and Mrs. Koch. NAYS: None. lf1l FIRE CHIEF SALARY: Mr. Koole moved to pay the Fire Chief the same salary as the City is now paying the Fire Marshal in compliance with the request of the Board of Directors of the Schertz Volunteer Fire Depart- ment. Mr. Seeba seconded the motion which carried with the following vote: / AYES: Mrs. Funk, Mr. Seeba, Mr. Koole, Mr. Schwartz and Mrs. Koch. NAYS: None. 1f12 AGREEMENT: Mayor Bueker read an agreement between the City of Schertz and the Southern Pacific Transportation Company for the placement of a 72" drainage culvert under the SP tracks. ' Mr. Seeba moved to grant the authority for the Mayor to sign the agreement between the City of Schertz and the Southern Pacific Transportation ClJwpany for a 72" culvert. Mr. Schwartz seconded the motion which carried by the following vote: AYES: Mrs. Funk, Mr. Seeba, Mr. Koo1e, Mr. Schwartz and Mrs. Koch. NAYS: None At this point, the Council was requested to skip to item No. 14. #14 GENERAL DISCUSSION: A. Mayor Bueker referenced a letter from Mr. Virgil C. Shappard concerning a landfill in Universal City that drains into a ditch that ewpties directly into Cibolo Creek just above the low water crossing in Schertz. The State Health Department is going to hold a Public Hearing on this matter and Schertz will be advised of the date. All Council members were urged to attend. B. There was discussion of the procedure involved in the City auctioning junked and abandoned automobiles. Mr. Arnold explained Chief Schoonover and Attorney Harris are working on this problem. C. Mr. Koole asked if the City crews could cut the ditch re- quired for the drainage south of Highway 78. Mr. Johnson, 179 Street and Park Superintendent, stated the City does not have the necessary equipment to do this work. Mayor Bueker said some citizens on Meadow Lane are going to contact the Council concerning a drainage problem they have and offering to help do the work themselves with City help. D. Mr. Johnson also reported that Urban Renewal Agency had the necessary cost figures in order to effect a change order to repair the roof on the Council Chambers. E. Mr Johnson showed the Council Highway Department charts of proposed channelization of Highway 78 starting at First Street, then Randolph Avenue, Live Oak Road and FM 3009 inter- sections with FM 78. F. Mr. Arnold briefed the Council on an all day meeting he had with Mr. Ussery of the Municipal Code Corporation and Attorney Harris concerning the City's codification program. G. Mr. Arnold advised that a damage claim had been filed with the City in the amount of $15,000 as a result of an accident a young boy had in connection with a chain the City placed at a drainage ditch in be 700 block of Pecan Drive. The claim has been turned over to the Insurance Company for investigation. H. The City Manager reported Johnny Harms, Foreman of the Street and Parks Department, had tendered his resignation as of November 30, 1974, as he found a job in Houston paying much more money. Also the daughter of Wanda Canales, bookkeeper, is seriously ill at Wilford Hall Hospital. I. Mayor Bueker had received a letter. from AACOG, who have favorably reviewed the City grant application for a swimming pool. J. Mr. Arnold reported he had interviewed several applicants for each of the openings - Utility Superintendent, Inspector, and civil Defense Coordinator - and hoped to make a decision by the end of the week. K. Mr. Arnold commended the men of the Street and Water Dept. for the rainy day project of closing in a storage area in the Council Chambers. He then asked Council's views of having a rounded council table made. He had two quotations of $325 and $380. Council agreed to the design of the tables and that they should be ordered. L. City Manager Arnold asked and received the Council's opinions of the subjects he presented for the end of the year newsletter. ...'.. ...'.. ...'.. ..'.. .'.. ...'.. ...'.. ..t.. I" ,... ,.. ,... ,.. '" ,.. ,... * * * * * * * * * * * ...'. ..... ,... ,.. ...'.- ...'. ,... ,.. ...'.. ...t.. ,... ,,, ...'. ...'.. ...'.. ,... ,... ,... ...... ..t.. ...'.. ,.. ,... ,.. Mayor Bueker recessed the regular meeting at 10:15 P.M. in 180 , , \. II'-; (~'i order to call an Executive Session under Section 2, paragraph (f) of HB 3 of the Open Meeting Law. * * * * * * * * * * * * * * * ,'( -,'\ ,,\ ...t. ..t.. ..~ ,.. ,.. #" ...~*...~...~...~ ;'c*;'\;'\;'\ Mrs. Koch left the meeting at 10:35 P.M. The Council reconvened in Regular Session at 10:46 P.M. #13 PERSONNEL DISCUSSION: Mr. Schwartz moved to establish the position of Coordinator of the CUlwuuni ty Development Program at a salary of $800.00 per month. Mr. Seeba seconded the motion which carried with the following vote: AYES: Mrs. Funk, Mr. Seeba, Mr. Koo1e, Mr. Schwartz. NAYS: None. Ins PREVIOUSLY TABLED SUBJECTS: No new information at this time on any of the items. $16 ADJOURNMENT: There being no further business to come before the Council at this time, the Mayor declared the meeting adjourned at 10:52 P.M. ~C'-~ Mayor,City of Schertz, Texas ATTEST: " (kAA1' ~p,,~< ~y Secre~ary, C~ty of Schertz '.