03-18-1975
22G
#1 Consideration of the rezoning request of a certain
track of land, belonging to Mr. Roy Ruiz, out of the G. Ma1paz
Survey (Southwest corner of Church and First Streets).
Chuck Sharp moved that Mr. Ruiz be advised that he is warranted
a Public Hearing under Section l2.2.2(c) of the Zoning Ordinance.
Ray Stanhope seconded the motion.
After further discussion Mr. Sharp withdrew his motion and Mr.
Stanhope withdrew his second.
Mr. Scharp then moved to grant Mr. Ruiz a Public Hearing in
accordance with Section 12.3 of the Zoning Ordinance until
the City can receive an opinion or an interpretation from the
City Attorney on Section 12.2.2 and 12.2.3 and that Mr. Ruiz
be notified that he does not meet the standards set forth in
Section 12.2. Mr. Sta~lope seconded the motion which carried
with a vote of five for the motion and 1 against.
Mr. Seeba moved that Mr. Ruiz be granted a Public Hearing and
that he be notified of such and also that his request does not
t.L(p' ;':: meet the criteria for determining such a Public Hearing and that
'I an opinion be requested of the City Attorney on clarification of
Section 12.2 of the Zoning Ordinance. Mr. Schwartz seconded the
motion which carried with the following vote:
AYES: Mrs. Funk, Mr. Seeba, Mr. Koo1e and Mr. Schwartz
NAYS: None
There being no further business to come before the Council
at this time, meeting adjourned at 9:30 P.M.
ATTEST:
A?L;te ~/
Mayor, City of Schertz, Texas
Ck,,~~JLk~
CW Secretary, City of Schertz
REGULAR MEETING OF THE CITY COUNCIL
MARCH 18, 1975
The Schertz City Council convened in Regular Session,
Tuesday, March 18, 1975 at 7:02 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,
Tom Koo1e, and Robert E. Schwartz. Absent: Bobbie L. Koch.
Also p:"esent City Manager Denny J,. Arnold and City Secretary
June G. Krause.
227
#1 APPROVAL OF MINUTES: A. Mr. Schwartz requested the
second sentence on the #5
Item should be corrected to read: "These statements included
$1993.69 for materials and $1520.31 for labor, transportation
and equipment for a total of $3514.00."
Mrs. Funk moved to accept the minutes of the Regular Meeting of
March 4, 1975 as corrected. Mr. Seeba seconded the motion which
carried with the following vote:
AYES: Mrs. Funk, Mr. Seeba, Mr. Koo1e and Mr. Schwartz.
(Mr. Koole approved only through item #8 when
he had to leave the meeting for work)
NAYS: None
B. Mr. Seeba moved the minutes of the Special Meeting of
March 11, 1975 be approved 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
#2 HEARING OF RESIDENTS: There were no residents wishing
to speak on non-agenda items.
Mr. Robert Strange requested to reserve time for Item 19. Mr.
Thomas Moss and Joe Frazier reserved time for Item #5 and Mr.
Harold Christian reserved time for items #6 and #12.
MRS. KOCH ARRIVED AT 7:08 P.M.
#3 PLANNING & ZONING MINUTES: Mr. Seeba moved to accept
the minutes of the Regular
Meeting of the Planning and Zoning Commission of March 12, 1974.
Mrs. Funk seconded the motion which carried with the following
vote:
AYES: Mrs. Funk, Mr. Seeba, Mr. Koo1e, Mr. Schwartz and
Mrs. Koch.
NAYS: None.
#4 CITIZENS ADVISORY MINUTES: There were no minutes
available for discussion.
#5 PROCLAMATION PRESENTATION: Mayor Bueker read a Proclo-
mation proclaiming the week
of March 12-23, 1975, be designated as National DeMolay Week in
Schertz, Texas and that all citizens be urged to support the
activities that the William A. Randolph Chapter, Order of DeMolay
are holding during the observance week.
Mr. Schwartz moved to approve the proc1omation designating 4-0'- '/.:.:~
the week of March 16-23, 1975 as National DeMolay Week. 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.
22R
Mayor Bueker presented the proclomation to DeMolay Joe Frazier
and his sponsor Mr. Thomas Moss.
#6 GVEC: Mrs. Funk explained that since Mr. Hines of GVEC
had several times offered to work with the Council towards lower-
ing of high fuel oil costs, she had contacted him to set up a
meeting with neighboring City's Mayors and Councils, State
and National Legislators, repre~entatives of GVEC and ENTEX
and County Judge Baker and officials of the County.
Mayor Bueker said there was no question that some sort of
action is required in this direction. As the items are so
closely related, the Mayor asked to include Item #7 RESOLUTION:
in this discussion. The resolution is to be forwarded with a
citizen petition and a citizen letter of petition, protesting
the high fuel cost to Texas consumers, to the above listed
people. Mayor Bueker read portions of a letter from the Chairman
of the committee circulating the petition stating there are
approximately 1682 signatures to the petitions.
Mayor Bueker then read the following caption Resolution.
A RESOLUTION HOLDING THE TEXAS RAILROAD
COMMISSION, WHOLESALE AND RETAIL ENERGY
DISTRIBUTORS RESPONSIBLE FOR HIGH NATURAL
GAS COSTS AND REQUESTING ELECTED OFFICIALS
TO WORK FOR THE RELIEF OF CONSUMERS' HIGH
UTILITY COSTS.
,.'l~
Jf~!F ;-'
Mr. Schwartz moved to submit the above caption Resolution
with a cover letter signed by the Mayor and each of the Council
members to the Railroad CVll11llission, all state, county and
federal legislators as well as the Governor and Attorney General.
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
After further discussion concerning the proposed meeting Mrs. Funk
introduced, it was Council decision to first write letters to all
Mayors of Texas cities giving them two weeks to reply, then
invite the various legislators and Councils to a meeting with
Schertz as host.
#8 RANDOLPH FAIR: Mr. Les Bourland and Mr. Jesse Wilkinson
representing the Greater Randolph Area
Chamber of Commerce discussed with the Council their request to
hold the 1975 Randolph Fair in our City Park. Mr. Arnold briefed
the Council on a previous meeting he and City staff had with these
two ,men to work out detail plans concerning their hours of opera-
tion, entertainment, ground layout, health provisions, police
requirements, parking availibility and insurance.
,,)..) l)
--~
If further details could be worked out, the Council would
permit the Chamber of Commerce to use the park for the 1975
Fair with the contractual agreement to be worked out at a
later date.
ff9 AUDIT: Mr. William L. Havens of the auditing firm of
Harris, Robertson and Co. presented the 1975
audit to the Council for line item review.
After the Council had thoroughly discussed the audit, Mr. Havens
presented the bill for services in the amount of $5500.00. As
this item is a budgeted item, no motion to pay was necessary.
#10 SWIMMING POOL: Mr. Gaddis, City Engineer, had urgent
meeting elsewhere and was unable to
present swimming pool designs at this time.
#11 CCMA ACT AMENDMENT: Mayor Bueker introduced a proposed
amendment to the amendment Cibolo
Creek Municipal Authority is proposing to the original legislative
Act, which created the authority, with his suggested changes.
Mr. Seeba moved to adopt this proposed amendment to the proposed
CCMA amendment with the recommended changes by the Mayor. Mrs.
Funk seconded the motion.
After further discussion by the Council, Mr. Seeba withdrew his
motion and Mrs. Funk withdrew her second.
It was then decided to ask City Attorney Harris for a legal
interpretation before adopting this amendment, to be considered
at the April 1, 1975 meeting.
#12 PERSONAL PROPERTY TAXES: Since this item was brought
up at the last regular meeting
of the City Council, a legal opinion has been obtained from the
Ci ty Attorney. His opinion is .) for the Council to take any
formal action one way or another on the subject of personal
property assessments would be in direct conflict with State
statutes.
Mayor Bueker said the judgement on whether to assess and collect
personal property taxes should be weighed on whether the cost
benefits from such a program would substantiate the reVAnues
derived from the personal property assessment.
It was the concensus of the Council that Mr. Baldwin continue
his tax program as he has been doing and as had been done in the
past.
#13 RESOLUTION: Mr. Arnold advised the Council that on
January 31, 1975 the City received a letter
from ENTEX requesting a 29 per day increase in rates and stating
they would contact the City later in this respect. To date, ENTEX
has not again contacted City Hall.
2BO
~ Q 111)
./
"II)
~1-'
Mr. Arnold then read the following captioned resolution
refusing to accept this increase.
A RESOLUTION REFUSING TO ACCEPT AN
AUTOMATIC 2~ PER DAY RATE ADJUSTMENT
FROM ENTEX AND REQUIRING AN ENTEX
REPRESENTATIVE TO SHOW PROOF TO THE
CITY FOR THE NEED OF SUCH AN INCREASE.
Mr. Seeba moved to pass and adopt the above captioned
resolution. Mrs. Koch seconded the motion which carried
with the following vote:
AYES: Mrs. Funk, Mr. Seeba, Mr. Koole, Mr. Schwartz
and Mrs. Koch.
NAYS: None
#14 RESOLUTION: The Mayor introduced the following
captioned resolution which was read
and thoroughly discussed and considered.
MRS. KOCH LEFT THE MEETING AT 10:58 P.M. BECAUSE OF ILLNESS.
Mr. Seeba moved to adopt the following captioned resolution
as presented. Mrs. Funk seconded the motion which carried
with the following vote:
AYES: Mrs. Funk, Mr. Seeba, Mr. Koole and Mr.Schwartz.
NAYS: None
A RESOLUTION CONCERNING HEALTH SERVICE
AREA DESIGNATION IN THE ALAMO AREA
COUNCIL OF GOVERNMENTS REGION.
1f15 ZONING BOARD OF ADJUSTMENTS: Mr. Arnold explained
he had not had time
to poll all the citizens who had evidenced interest in this
board membership and hoped to have his recommendations for
the April 1, 1975 meeting.
#16 PERSONNEL BOARD: Mr. Arnold presented to the Council
his recull11llendations, with resumes
of each attached, for the required three people to be appointed
to the Personnel Board. There were only four persons who had
shown interest in this board and the fourth one later stated
he preferred to be on another board.
As a unanimous Council vote is required on these recull11llendations,
and Mrs. Koch was not present at this time, no vote could be
taken at this meeting.
MR. KOOLE LEFT TO GO TO WORK AT 11:07 P.M.
#17 ENGINEERING FEES: Mr. Arnold presented the Engin-
eer's statement for 75% cv~ple-
tion of engineering work on the South Drainage Ditch Project.
2Bl
Mr. Seeba moved to pay this bill in the amount of $3091.50. !S6' 75
Mrs. Funk seconded the motion which carried with the following
vote:
AYES: Mrs. Funk, Mr. Seeba and Mr. Schwartz.
NAYS: None
#18 ATTORNEY FEES: A bill for attorney fees for ETJ
settlement work with Selma, Garden
Ridge and Cibolo was presented for Council consideration.
Mrs. Funk moved to pay the Attorney's bill in the amount of 5!.~'S-
$2,536.00. Mr. Seeba seconded the motion which carried with the
following vote:
AYES: Mrs. Funk, Mr. Seeba and Mr. Schwartz.
NAYS: None
#19 SUMMER BASEBALL/SOFTBALL PROGRAM: Mr. Arnold explained
there were only two
requests for use of the baseball/softball diamonds for the
summer program received, and they were cVlUpatible requests.
The Schertz Softball Association requested the use of only one
field with occasional use of others. Buffalo Valley Youth Asso-
ciation need the regular use of the other three fields.
1f20 GENERAL DISCUSSION: A. Mr. Arnold informed the Council
the Sta~e inspector had approved the
sign program throughout the City, the paperwork has been forwarded
and reimbursement should be forthcoming shortly.
B. Mr. Arnold briefed the Council on the three bids that had
been recieved for the remodeling of the front of the Council
Chambers building.
#21 PREVIOUSLY TABLED SUBJECTS: There were no previously
tabled items to be dis-
cussed at this time.
1/=22 ADJOURNMENT: On a motion by Mrs. Funk, duly seconded and
carried, the meeting adjourned at 11:35 P.M.
~:.~ ~, 6:~A~-/
Wayor, City of Schertz, Texas
ATTEST:
0;'''''1 ,)':J. k/)~~.Q.o;
City~ecretary, City of Schertz