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09-02-1975 29R PUBLIC HEARING OF CITY COUNCIL SEPTEMBER 2, 1975 The Schertz City Council held a Public Hearing Tuesday, September 2, 1975 at 7:05 P.M. in the Council Chambers, 401 Oak Street. The following members were present: Mayor Robert C. Bueker, presiding; Nell G. Funk, Donald J. Seeba, Walter F. Schneider, Ed L. Sharpe and Gail Hyatt. City Manager Denny L. Arnold, City Secretary June G. Krause, Engineer Howard Gaddis and Attorney Richard W. Harris. The Mayor explained the purpose of the Public Hearing was to furnish all interested persons a right to be heard on the proposed annexation of 34.767 acres and 64.771 acres of land out of Comal County. There were no citizens wishing to address the Council on either of these proposed annexations. After discussion and on the recommendation of the Mayor, it was general concensus of the Council to proceed with the annexation of the 34.767 acres and to cancel any further proceedings pertaining to the 64.771 acres of land at this time. Mr. Sharpe asked the City Attorney just what constitutes providing services to newly annexed areas. Mr. Harris replied the usual meaning is services commensurate with services provided by the City at the time of annexation. There being no further discussion on these annexations, Mayor Bueker declared the Public Hearing closed at 7:23 P.M. 4c 3~-/ Mayor, City of Schertz, Texas ATTEST: CkAAL' l)i 1Yr~_ Ci~ecretary, City of Schertz REGULAR SESSION OF THE CITY COUNCIL SEPTEMBER 2, 1975 The Schertz City Council convened in Regular Session, Tuesday, September 2, 1975 in the Council Chambers, 401 Oak Street, at 7:24 P.M. with the following members present: Mayor Robert C. Bueker, presiding: Nell G. Funk, Donald J. Seeba, Walter F. Schneider, Ed L. Sharpe and Gail Hyatt; with City Manager Denny L. Arnold, City Secretary June G. Krause, Attorney Richard W. Harris and Engineer Howard W. Gaddis als~ in attendance. #1 APPROVAL OF MINUTES: A. Mr. Seeba moved the minutes of the Regular Meeting of August 19, 1975 be approved as presented. Mr. Sharpe seconded the motion which carried with the following vote: AYES: Mr.Seeba, Mr. Schneider and Mr. Sharpe NAYS: None ABSTAINING: Mrs. Funk and Mrs. Hyatt 2~~ B. Mrs. Hyatt moved the minutes of the Joint Meeting of the City Council and the Planning & Zoning Commission of August 17, 1975 be approved as presented. Mr. Schneider seconded the motion which carried with the following vote: AYES: Mr. Schneider, Mr. Sharpe and Mrs. Hyatt. NAYS: None ABSTAINING: Mrs. Funk and Mr. Seeba. #2 HEARING OF RESIDENTS: There were no residents wishing to be heard. #3 INSURANCE BIDS: There were two bids received - Muehl & Koebig Insurance Agency and Len Boyd & Associates - which were read by the Mayor as follows: Automobile Workmans Compensation Comprehensive General Liability Inland Marine Total Net Premium MUEHL & KOEBIG $3,734.00 4,050.70 2 , 547 .4 5 1 ,007 . 00 $11,339.15 LEN BOYD & ASSO. 4,123.00 4,906.00 2,997.00 898.00 $12,924.00 Mayor Bueker declared the apparent low bidder to be Muehl & Koebig Insurance Co. However, the awarding of the bid was delayed until the meeting of the 9th of September, 1975 in order for the computations to be checked and review by City Staff. #4 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 19th day of August, 1975. 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 Council and prior to this meeting. / f' Whereupon said ordinance was discussed and further considered by the Council.) l-{'\.o' :- Thereupon it was moved by Mrs. Funk and seconded by Mr. Schneider 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. Schneider, Mr. Sharpe and Mrs. Hyatt. NAYS: None AN ORDINANCE PROVIDING FOR THE EXTENSION OF THE BOUNDARY LINES OF THE CITY OF SCHERTZ, TEXAS BY THE ANNEXATION OF TWO CERTAIN TRACTS OR PARCELS OF LAND CONTAINING 15.5 ACRES AND 19.9 ACRES RESPECTIVELY OUT OF GUADALUPE COUNTY. #5 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 19th day of August, 1975. 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 Council and prior to this meeting. . L"--. ROO J ~1 ~ ~ ~ ~ 5 , ~.1 l~ Whereupon said ordinance was discussed and further considered by the Council. Thereupon it was moved by Mrs. Funk and seconded by Mr. Sharpe 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. Schneider, Mr. Sharpe and Mrs. Hyatt. NAYS: None AN ORDINANCE SETTING A TIME, DATE AND PLACE FOR A PUBLIC HEAR- ING ON THE PROPOSED ANNEXATION OF ONE CERTAIN TRACT OF LAND CONTAINING 13.20 ACRES OUT OF GUADALUPE COUNTY BY THE CITY OF SCHERTZ, TEXAS, AND AUTHORIZING AND DIRECTING THE CITY SECRETARY TO PUBLISH NOTICE OF SUCH PUBLIC HEARING #6 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 19th day of August, 1975. 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 Council and prior to this meeting. Whereupon said ordinance was discussed and further considered by the Council. 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. Schneider, Mr. Sharpe and Mrs. Hyatt. NAYS: None AN ORDINANCE LEVYING AND ASSESSING ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF SCHERTZ, TEXAS FOR THE YEAR 1975, PROVIDING THE BASIS OF ASSESSMENT OF APPRAISED VALUE AND PROVIDING FOR THE COLLECTION THEREOF AT THE RATE OF $1.00 ON THE ONE HUNDRED DOLLAR ($100.00) assessed valuation #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 19th day of August, 1975. It was deter- mined that the City Secretary had caused a short synopsis of said proposed ordinance to be published in the official City newspaper after its consider- ation at the last regular meeting of the City Council and prior to this meeting. Whereupon said ordinance was discussed and further considered byythe Council. Thereupon it was moved by Mr. Sharpe 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. Schneider, Mr. Sharpe and Mrs. Hyatt. NAYS: None AN ORDINANCE ABANDONING AN EASEMENT FOR STREET PURPOSES ALONG A PORTION OF WRIGHT AVENUE IN THE CITY OF SCHERTZ, TEXAS 301 #8 ORDINANCE: The Mayor introduced the hereinafter set forth ordinance which was read and considered at the last regular meeting of the City Council on the 19th day of August, 1975. 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 Council and prior to this meeting. Whereupon said ordinance was discussed and further considered by the Council. 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 mem- )5" bers of the City 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 .~,., I".' .;.) " AN ORDINANCE AUTHORIZING THE CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS TO DESTROY CERTAIN DATED RECORDS OF THE CITY AS ITEMIZED HEREIN. #9 ORDINANCE: The Mayor introduced the hereinafter set forth ordinance, which was read and considered at the last regular meeting of the City Council on the 19th day of August, 1975. 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 Council and prior to this meeting. Whereupon said ordinance was discussed and further considered by the Council. Thereupon it was moved by Mr. Sharpe and seconded by Mr Seeba that sa id ordi nance be finally passed and adopted. The Mayor put the motion to a vote of the members '7~ of the City Council and the ordinance was finally passed and adopted by the I :~/' ~ following vote: ~ AYES: Mrs. Funk, Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt. NAYS: None AN ORDINANCE GRANTING GUTIERREZ DISPOSAL, INC. A CONTRACT TO OPERATE A GARBAGE COLLECTION SERVICE IN THE CITY OF SCHERTZ, TEXAS, AND PRESCRIBING THE TERMS, CONDITIONS, OBLIGATIONS AND LIMITATIONS UPON AND UNDER WHICH SUCH CONTRACT SHALL BE EXER- CISED AND DECLARING AN EMERGENCY #10 RESOLUTION: Council discussed a proposed resolution establishing City Park usage policy and on the recommendation of the City Manager, decided to put it in ordinance form. The Council would study the pro- posal and give their recommendations to the City Manager before bringing back before the Council for further consideration. #11 WELFARE DEPARTMENT: Mayor Bueker acknowledged receipt of a letter of resignation from Welfare Director, Mrs. Jennie Bennett, citing ill health as her reason for resigning and recommending Mrs. Alice Previtera to take her place. ,/ Mr. Schneider moved to accept the resignation of Mrs. Jennie Bennett as Welfare Director and to appoint Mrs. Alice Previtera as the new Welfare Director. The ,. '. motion was seconded by Mrs. Hyatt and carried with the following vote: I'" ]'-- 202 ~6 I~ AYES: Mrs. Funk, Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt. NAYS: None #12 BOARD OF ADJUSTMENT: The City Manager presented two names of volunteers for membership to the Zoning Board of Adjustment: Robert Schwartz and Hollis Graham. Mr. Sharpe stated he thought that probably Mr. Schwartz would be the best quali- fied person that could be found for this board but he does not believe any Franchise holder of the City, or their employees, should hold any official elected or appointed office in the City of Schertz; and of course Mr. Schwartz is employed by the electric company. He went on to say that he could not think of situations where a conflict of interest could arise but still feels he should not be appointed to the board. After full discussion by the Council, Mr. Sharpe moved to appoint Mr. Hollis Graham to the Zoning Board of Adjustment. Mr. Seeba seconded the motion which carried with the following vote: AYES: Mrs. Funk, Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt. NAYS: None Mr. Seeba moved to appoint Mr. Robert Schwartz to the Zoning Board of Adjustment. Mrs. Hyatt seconded the motion which carried with the following vote: AYES: Mrs. Funk, Mr. Seeba, Mr. Schneider and ~1rs. Hyatt. NAYS: Mr. Sharpe #13 SOUTH SCHERTZ PLAN: Mr. Gaddis presented the proposed plans for the South Schertz rehabilitation for Council review. He and Community Development Coordinator Darrel Farr answered any questions of the Council. After consideration of the plans, it was Council decision to hold a Public Hearing September 9, 1975 to receive citizen input for this renovation project. Letters of notice of the hearing were to be sent to each property owner and resident of the area. #14 PREVIOUSLY TABLED SUBJECTS: (1) Deer Haven/Oak Forest Subdivision Improvements. Council discussed the ways of handling the sewer tap and line stub-out behind the streets in these subdivisions in order for the work to be properly done and the streets to be dug up only one time. It was decided the City would have this work done at the time the streets are dug up, with the cost to be billed to the property owners at the time of connection to the system. (7) Newsletter. Council reviewed the proposed newsletter presented by the City Manager. jU;) #15 GENERAL DISCUSSION: A. Mrs. Funk asked for clarification on the re- quest made for SAFES to become a department of the City. Mr. Arnold said the SAFES Board had agreed to request this and would be forwarding him a letter to this effect. In turn Mr. Arnold would have all aspects of this request thoroughly investigated and bring his findings to the Council. Hopefully it could be the same type of operation as the Volunteer Fire Department. B. Mr. Arnold explained the City has received verification the City would receive approximately $22,000 in Title II Department of Labor monies from the County Commissioners. Several versions of the regulations have been received for the governing of this program, which will have to be verified before hiring. C. The City Manager briefed the Council on a demand made by a man who had bought some of the Heberra property near the Nacogdoches Road well to furnish him water and at the City expense. The property in question is outside the city limits but the man's deed states he will be furnished water even if outside the city limits. Legal and engineering opinions will be obtained and Mr. Arnold will keep the Council informed of the findings. D. Mr. Hal Baldwin briefed the Council on a meeting he attended, as a represen- tative of the City, with the Community Council of Southwest Texas, Inc., concern- ing a proposed County Health Unit, for which they wish to obtain funds. Repre- sentatives of all four cities (Schertz, Cibolo, Marion and Seguin) were present. The Community Council would be going before the Guadalupe County Commissioners Court September 8 to present their request for funds. and requested the backing of the four cities. Mayor Bueker said the Council should set priorities as we are seeking financial help from the Commissioners Court now for a County Probation Officer to be in our part of the County. Council agreed that although there is a need for the Health Unit, first priority should go for the Probation Officer. E. Mr. Arnold apprised the Council he had received written permission from John Schaefer for the City to fill in the well on the property on Live Oak Road. #16 ADJOURNMENT: On a motion by Mrs. Hyatt, seconded by Mrs. Funk, Mayor Bueker declared the meeting adjourned at 11 :07 PM. d~,~ (~ ~aJ. / Malor, City of Schertz, Texas ATTEST: ~~ ,Jj J:;,a d A~ Ci~ecretary, Cityof Schertz ____..__..a.m_'....,........~___.