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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