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02-18-1975 20() REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 18, 1975 The Schertz City Council convened in Regular Session, Tuesday, February 18, 1975, at 7:04 P.M. in the Council Cham- bers, 401 Oak Street, with the following members present: Mayor Robert C. Bueker, presiding; Mrs. Nell G. Funk, Donald J. Seeba, Tom Koole, Robert E. Schwartz and Mrs. Bobbie L. Koch. Also present were City Manager Denny L. Arnold and City Secretary June G. Krause, City Engineer Howard W. Gaddis. #1 APPROVAL OF MINUTES: A. Mr. Seeba requested the minutes of the regular meeting of February 4 be amended to show that on page 201 Item 1f14 (2) the fifth sentence should read: "If this is not acceptable, Mr. Beck will sell the land easement to the City for SlO,OOO or the City can condemn." Mr. Seeba moved the minutes of the regular meeting of February 4, 1975 be accepted as amended. 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. B. Mr. Seeba moved to accept the minutes of the Special Session of the City Council of February 11, 1975 as presented. Mr. Schwartz seconded the motion which carried with the following vote: AYES: Mrs. Funk, Mr. Seeba, Mr. Koole and Mr. Schwartz. NAYS: None ABSTAINING: Mrs. Koch. For the convenience of the many bidders in the audience, Mayor Bueker requested the Council move to ite~ #3 ~t this time. , #3 BID OPENING: Mr. Gaddis opened bids on the South Drainage Ditch with the Mayor reading the bids as follows: Pat Baker Co.-Kingsbury Roland Baylor - S.A. Braden Constr. Inc. -S.A. Ralph Gray - S.A. Fred Hensley - S.A. Lochausen Constr. -S.A. ~ission Contractors -S.A. New Paving Co. - Seguin Glen Quick Co. - S.A. Shane, Inc. - S.A. 110 days - $ 60 days - 90 days - 60 days - 160 days 100 days - 90 days - 60 days - 80 days - 89 days 56,150 39,050 40,560 43,050 56,900 65,795 34,350 52,930 55,540 69,475 ~U'7 Wagner Constr. Co. - 60 days - $105,450 House Braswell - S.A. 60 days - $ 35,875 Welch Asphalt Co. - S.A. 120 days - 36,965 Colglazier Const. - S.A. 90 days - 71,250 Mr. Gaddis asked for time to tabulate each of the three lowest bids for accuracy while the Council continued with the agenda. #2 HEARING OF RESIDENTS: A. Mr. Coy Simmons asked for time when item #6 is dis- cussed. B. Mr. Joe Gonzales requested time when item #7 is discussed. People wishing to discuss items not on the agenda were: (1) Mrs. Wanda Koch said she had been contacted by the City Inspector about the house her family owns on the corner of Live Oak Road and Exchange Avenue as to their intentions of either demolishing or restoring. Mrs. Koch asked the Council if they wished to consider restoration of this house for a historical site since it is the second oldest house in the area. Discussion followed as to the method of financing such a project. After which, Mrs. Koch moved to consider restoration and see if people can be found interested in forming a Historical Society}', /,'_ and see if they would like to restore the Koch house on the ' . ' corner of Exchange and Live Oak Road; and allow sixty days to do so. Mr. Schwartz seconded the motion which carried by the following vote: AYES: Mrs. Funk, Mr. Seeba, Mr. Koole, Mr. Schwartz and Mrs. Koch. NAYS: None. (2) Mr. Robert Strange briefed the Council on the recent regis- tration of youths for Buffalo Valley Youth Association. Mr. Arnold introduced Mr. Jerry Graham, newly employed as Civil Defense Director, who will help with the City Summer Recreation activities in his spare time. #3 BID OPENING: Mr. Gaddis explained the lids checked out as presented and he could recommend the low bidder as he had worked with him in the past. Mrs. Koch moved to award the bid for the South Drainage Ditch to Mission Contractors of San Antonio, the low bidder. Mr. Schwartz seconded the motion which carried with the following AYES: Mrs. Funk, Mr. Seeba, Mr. Koole, Mr. Schwartz and Mrs. Koch. NAYS: None. /9 7:;:' vote: 20R I q.15 JJr75 #4 PLANNING & ZONING MINUTES: Mr. Seeba moved to accept the minutes of the P&Z meeting of February 12, 1975 as presented. 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 Mrs. Funk moved to accept the minutes of the CAC meeting of January 30, 1975 as presented. Mr. Seeba seconded the motion which carried with the following vote: AYES: If5 CITIZEN ADVISORY COMMITTEE MINUTES: NAYS: Mrs. Funk, Mr. Seeba, Mr. Koole, Mr. Schwartz and Mrs. Koch. None. There followed a discussion of the various citizen cvwplaints set out in these minutes. #6 OAK FOREST SUBDIVISION: Council discussed the pre= liminary plat of Oak Forest Subdivision with the developer Mr. Coy J. Simmons and his engineer, particularly in the areas of drainage and street paving. #7 CURB CUT REQUEST: After discussing with Mr. Joe P. Gonzales of 601 Wright Avenue his request for an additional curb cut on his property, Mrs. Koch moved to allow a variance to Mr. Gonzales for a driveway on Randolph Avenue side of his property. 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. #8 ORD)~ANCE: 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 4th day of February, 1975. Whereupon said ordinance was discussed and further considered by the Council. Thereupon it was moved by Mrs. Koch and seconded by Mr. Schwartz 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. Koole, Mr. Schwartz and Mrs. Koch. NAYS: None. 2U~ 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 EXHIBIT 1, ATTACHED HERETO AND MADE A PART HEREOF, IN THE CITY OF SCHERTZ, PROVIDING FOR THE EXECUTION OF SAID AGREE- MENT . #9 ORDINANCE: The Mayor introduced the following captioned ordinance which was read in full by the City Manager. M~. Schwartz moved that said ordinance be considered bY~}_7~ the Council. Mrs. Funk seconded the motion which was carried by .7-> 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 ADOPTING THE SOUTHERN STANDARD FIRE PREVENTION CODE, 1974 EDITION, AS THE FIRE CODE OF THE CITY OF SCHERTZ, TEXAS,AS HEREIN MODIFIED; PROVIDING A PENALTY FOR VIOLATION OF THIS ORDINANCE; REPEALING ALL PRESENT ORDINANCES IN DIRECT CONFLICT WITH THIS ORDINANCE; AND CONTAINING OTHER MATTERS PERTINENT TO THE SUBJECT Whereupon Mr. Schwartz moved that said ordinance be further ~ ~-7~ considered at the next regular meeting of the City Council to be held on the 4th day of March, 1975, which motion was seconded by Mrs. Funk and which carried by the following vote: AYES: Mrs. Funk, Mr. Seeba, Mr. Koole, Mr. Schwartz, and Mrs. Koch. NAYS: None. 1f10 ORDINANCE: The Mayor introduced the following captioned , r ordinance whi ch was read in full by the City .,,~.3 - 7 ~ Manager. Mr. Seeba moved that said ordinance be considered by the Council as an emergency measure, which motion was seconded by Mrs. Funk. Whereupon said motion was fully discussed and considered. The Mayor put the motion to consider said ordinance as an emer- gency measure to the members of the City Council and said motion was approved and adopted by the following vote: AYES: Mrs. Funk, Mr. Seeba, Mr. Koole, Mr.Schwartz and Mrs. Koch. NAYS: None. The Mayor e',en introduced the hereinafter set forth ordinance as an emergency measure. Thereupon it was moved by Mr. Seeba and j ;)._ ? ~ seconded by Mrs. Funk that said ordinance be finally passed and adopted. The Mayor put the motion to a vote of the members of 210 the City Council and the ordinance was finally passed and adopted by the following vote: AYES: Mrs. Funk, Mr. Seeba, Mr. Koole, Mr. Schwartz and Mrs. Koch. NAYS: None. AN ORDINANCE ESTABLISHING SPEED LIMITS ON PM 3009 FROM THE NORTHWEST CITY LIMITS OF SCHERTZ SOUTHEASTERLY TO THE INTERSECTION OF PM 78 IN THE CITY OF SCHERTZ, TEXAS AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH d5-75 #11 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 as an' emergency measure. Whereupon said motion was fully discussed and considered. The 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: Mrs. Funk, Mr. Seeba, Mr. Koole, Mr. Schwartz and Mrs. Koch. NAYS: None. ~~-75 The Mayor then introduced the hereinafter set forth ordinance as an emergency measure. Thereupon it was moved by Mr. Seeba 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. Koole, Mr. Schwartz and Mrs. Koch. NAYS: None. AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, CALLING AN ELECTION TO BE HELD ON APRIL 5, 1975, FOR THE PURPOSE OF ELECTING THREE (3) COUNCILMEMBERS AND DECLARING AN EMERGENCY. #13 PREVIOUSLY TABLED SUBJECTS: (11) Bond Sales. Mr. Tom Anderlitch, Financial Advisor for the City, explained that the preliminary figures from City records of $138,000 as net revenue available for debt service was verified by the auditor as only $111,278 which necessitated going back and redoing the schedule for bond sale. He then offered a schedule for $325,000 Utility System Revenue Bonds. r ,~ 7-1:) Mr. Seeba moved to accept the $325,000 proposal for the Utility System Revenue Bonds and authorize Mr. Anderlitch to sell the bonds. Mrs. Koch seconded the motion which carried with the following vote: 211 AYES: Mrs. Funk, Mr. Seeba, Mr. Koole, Mr. Schwartz and Mrs. Koch. NAYS: None. #12 GENERAL DISCUSSION: (1) Mayor Bueker had a proposal by CCMA to amend the initial Legislative Act, Section 5, Chapter 347 as follows: "Section 5, The district is hereby vested with, and shall have and exercise all the rights, powers, privileges, authority and functions con- ferred by the general laws of this state applicable to a river authority pursuant to Chapter 25, Title, Water Code, and to municipal utility districts, including without limitation those conferred by Chapter 54, Title 4, Water Code, but if any pro- vision of such general laws shall be in conflict or inconsistent with the provisions of this Act, the provisions of this act shall prevail. All such general laws applicable to municiapl utility districts not in conflict or inconsistent with the provisions of this act are hereby adopted and incorporated by reference with the same effect as if copied in full in this Act." After considerable discussion including our Attorney's inter- pretation of the above, Mayor Bueker read a draft of a resolution for Council consideration. Mrs. Funk moved to draft a resolution to the Community Council ,2) I/S' in support of the Municipal approach. Mr. Schwartz seconded the motion which carried with the following vote: AYES: Mrs. Funk, Mr. Seeba, Mr. Koole, Mr. Schwartz and Mrs. Koch. NAYS: None. (2) Mr. Arnold showed Council a sketch of the parking and front area around the Council Chambers as presented by Urban Renewal Agency. 1f14 ADJOURNMENT: Mrs. Funk moved the meeting be adjourned at 10:35 P.M., which motion was duly seconded and carried unanimously. " // _-> /7 K-?:",:'I- (1; ~)~, " ,if::'" _ / Mayor, City of Schertz, Texas ATTEST: ~ h, /(n~~ CW Secretary, Cil:y of Schertz