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06-17-1975 264 REGULAR MEETING OF THE CITY COUNCIL JUNE 17, 1975 The Schertz City Council convened in Regular Session Tuesday, June 17, 1975, at 7:00 P.M. in the Council Chambers, 401 Oak Street, with the following members present: Robert C. Bueker, presiding; Nell G. Funk, Donald J. Seeba, Walter F. Schneider, Ed L. Sharpe and Gail Hyatt. Also present, Denny L. Arnold, City Manager; June G. Krause, City Sec- retary and City Attorney Richard W. Harris. #1 APPROVAL OF MINUTES: A. Mr. Seeba moved to accept the minutes of the Regular meeting of June 3, 1975 as presented. Mrs. Hyatt seconded the motion which carried with the following vote: AYES: NAYS: Mrs. Funk, Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt. None B. Mr. Schneider moved to accept the minutes of the Public Hearing of June 10, 1975 as presented. Mrs. Funk seconded the motion which carried with the following vote: AYES: NAYS: Mrs. Funk, Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt. None C. With reference to the minutes of the Special Sessn~ of June 10, 1975, Mrs. Funk requested to add under General Discussion item C that she brought up about the Southwestern Bell Telephone rate increase including Schertz area that was approved by the San Antonio City Council. Mrs. Funk re- quested Schertz protest the increase and the fact that Schertz has no say in an increase of this kind. Mr. Sharpe requested the following be included in Item #2 Cost of Living: I'Mr. Sharpe asked Mr. Seeba and Mrs. Funk if they would amend their motion and second to exclude the 5% Cost of Living increase for the City Manager as he felt the City Manager's contract should be dealt with separately." As an additional item under General Discussion, Mayor Bueker had asked the City Manager to request the Highway Department to place signs indicating Schertz turn-off on I 35 from both the north and south. Mr. Seeba moved the minutes of the Special Session of June 10, 1975 be approved as amended. Mrs. Funk seconded the motion which carried with the following vote: AYES: NAYS: Mrs. Funk, Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt. None 2ti5 #2 HEARING OF RESIDENTS: Mr. Arnold introduced Dick Brown, City Manager for Mercedes, Texas who was visiting. Mr. Robert Strange reported the Buffalo Valley Youth Association Tournament will be held in Schertz on July 14, 1975. #3 CITIZEN ADVISORY COMMITTEE MINUTES: A. Regular meeting of April 24, 1975. Mr. Sharpe asked if the minutes is the CAC's method of presenting problems to the City Council and was told it is one way, the others being contacting the City Manager and contacting individual Council members by the memebers of the CAC. Mr. Seeba moved to accept the minutes of the Citizens Advisory Committee meeting of April 24, 1975. Mrs. Hyatt seconded the motion. There followed a general discussion of several items contained in the CAC minutes. Mr. Blackburn, Chairman of the CAC, informed the Council the Committee secretary had to resign; therefore, they are a month behind in getting the minutes to the Council and requested favorable consideration of the four names recommended for appointment. The Mayor then put the above motion to a vote, which carried as follows: AYES: Mrs. Funk, Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt. NAYS: None Mr. Schneider moved to appoint the following people as members to the Citizens Advisory Committee as recommended: C. M. Gonzales, 164 Cloverleaf Drive; r/ Mrs. John Lund, 202 Pecan Drive; Elaine Carrol, 204 Greentree Drive; and Ed 11 .l!~ K. Wilson, 1053 Richmond Drive. , c -~ Mrs. Funk seconded the motion which carried with the following vote: AYES: Mrs. Funk, Mr. Seeba, Mr. Schneider, Mr.Sharpe and Mrs. Hyatt. NAYS: None #4 PLANNING AND ZONING COMMISSION MINUTES: A. Mrs. Funk moved to accept the minutes of the Special Mrs. Hyatt seconded the motion which carried meeting of the P&Z of May 21, 1975. with the following vote: AYES: NAYS: Mrs. Funk, Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt. None #5 ORDINANCE: The Mayor introduced the following captioned ordinance which was read in full by the City Manager. Councilmember ~ Funk moved that said ordinance be considered by the Council as an emergency S~70 measure, which motion was seconded by Mr. Seeba. Whereupon said motion was I 0 fully discussed and considered. The Mayor put the motion to consider said ordinance as an emergency measure to the members of the Council and said motion was approved and adopted by the following vote: 26G ~ ~,1\ \Q 6,1~ \0 ~ lP1 10 AYES: Mrs. Funk, Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt. NAYS: None The Mayor then introduced the hereinafter set forth ordinance as an emergency measure. Mr. Arnold explained that Mr. Gutierrez had verbally agreed to this extension at the same rates without a guarantee that he be awarded the franchise on October 1,1975. The bids will be advertised in order to keep them competitive. At the Mayor's request, the specifications will show that the City will do the billing and the manner in which the billing will be done. Thereupon it was moved by Mrs. Funk 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 Council and the ordinance was finally passed and adopted by the following vote: AYES: Mrs. Funk, Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt. NAYS: None AN ORDINANCE EXTENDING THE PROVISIONS OF THE EXISTING GARBAGE COLLECTION FRANCHISE AT THE SAME RATES UNTIL THE END OF THE PRESENT FISCAL YEAR; AND DECLARING AN EMERGENCY. #6 ORDINANCE: The consideration of an ordinance approving an Entex rate increase was passed over at this time as Entex representative, Mr. Robert Uhr, had not arrived. #7 ORDINANCE: The Mayor intorduced the following captioned ordinance which was read in full by the City Manager. Mr. Sharpe moved that said ordinance be considered by the Council. Mr. Schneider seconded the motion which was carried by the following vote: AYES: NAYS: Mrs. Funk, Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt. None The following captioned ordinance was then discussed and fully considered by the Council: AN ORDINANCE PROVIDING FOR THE EXTENSION OF THE BOUNDARY LINES OF THE CITY OF SCHERTZ, TEXAS BY THE ANNEXATION OF A CERTAIN TRACT OR PARCEL OF LAND CONTAINING 266.035 ACRES OUT OF GUADA- LUPE COUNTY. Whereupon Mr. Sharpe moved that said ordinance be further considered at the next regular meeting of the City Council to be held on the 1st day of July 1975, which motion was seconded by Mr. Schneider and which carried by the following vote: AYES: Mrs. Funk, Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt. NAYS: None #6 ORDINANCE: Mr. Arnold requested to return to this item in order for Administrative Assistant Steve Alcorn to brief the 267 Council on the analysis made by him, Hal Baldwin and City Attorney Richard Harris of the data furnished by Entex to justify their rate increase request before he had to leave the meeting. #8 PONY LEAGUE FIELD: Mayor Bueker introduced the request from Buffalo ~ Valley Youth Association to name the Pony League }01/1 Field after Mr. & Mrs. A. M. Myers, who have helped both the SAFES and BVYA in getting their organizations started by putting in many volunteer hours in the concession stands at the ball park, as well as other volunteer work in the community. The Council then discussed and considered this request. Mr. Sharpe moved to name the Pony League Field after Mr. and Mrs. Myers. Mrs. Funk seconded the motion which carried with the following vote: AYES: Mrs. Funk, Mr. Seeba, Mr. Sharpe and Mrs. Hyatt, and Mr. Schneider NAYS: None #9 SOUTH DRAINAGE DITCH: Authorization was requested to make payment Estimate #3 on the South Drainage Ditch to Mission Contractors in the amount of $17,204.85 (which is the final payment except for 5% retainage) and payment to Howard Gaddis, City Engineer, for $516.15. Mayor Bueker suggested not paying the City Engineer until he signs off the project. After a thorough discussion, Mr. Seeba moved to authorize payment to Mission Contractors for Payment Estimate #3, in the amount of $17,204.85. Mrs. Funk J[Y seconded the motion which carried with the following vote: AYES: Mrs. Funk, Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt. nays; None #10 PREVIOUSLY TABLED SUBJECTS: (1) Deer Haven/Oak Forest Subdivision Improvements; Mr. Coy Simmons was present and asked if the Council would like to discuss his Oak Forest Subdivision at this time. Council decided to wait until the next regular meeting when they could have had time to study Mr. Simmon's comments. (2) Annexations - Mr. Seeba asked if the City had started annexations along the Cibolo Creek area and was told it should be started soon. (6) Community Development - Mr. Arnold reported the City had paid for the three parcels of land Urban Renewal had not sold prior to closing out and that some engineering work had been done on the south side of town. (7) Newsletter Review. The City Manager said he had contacted the Valley News editor and found the City cannot include a newsletter in with the delivery of the Valley News. He had not obtained prices for publishing the minutes of the Council meetins in the newspaper as requested by Mr. Seeba. Mrs. Funk said she would still like to consider having boys deliver the newsletter as the minutes would not give the total picture of City activities. .--.'. ~--"-'-'''T-'~'''--'- '-'--- 26S #6 ORDINANCE: As Mr. Uhr, District Manager for Entex and Mr. Hamby local representative, had arrived, Mayor Bueker requested Council return to this item at this time (consideration of rate increase by Entex). After considerable consideration and discussion by Council, Mayor Bueker summarized the following points which need an explanation or clarification by Entex: l. 2. 3. 4. 5. Donations are not explained. Postage rates do not add up. Error in Gross Receipts. Error in tax figures. Other operational expenses totals adjusted figure on page 1. do not equate to the total Mrs. Hyatt suggested following Mr. Uhr's statement that he could have his CPA at the next meeting to explain the above poiAts. Mr. Schneider moved to table decision on this item until the next Regular meeting of the Council on July 1, 1975. Mrs. Hyatt seconded the motion which carried with the following vote: AYES: Mrs. Funk, Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt. NAYS: None Mayor Bueker agreed with Mr. Arnold that it would be to the City's benefit to also have the City's CPA present at that meeting, that he,previous to the meeting,review the report submitted by Entex, and let the two financial people explain the report. Mayor Bueker called a recess of the meeting at 10:15 P.M. in order to call an Executive Session of the City Council in accordance with Chapter 31 of H. B. #3, Section 2 (e). ~' ,. ~. ') '1 /;/:Lt (~ 4L Mayor, City of Schertz, Texas ATTEST: k~ City' of Schertz-