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02-05-1974 46 REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 1974. The City Council convened in Regular Session in the Council Chambers on Tuesday, February 5, 1974,at 7:00 P.M. with the following members present: Mayor Robert C. Bueker presiding; Mrs. Funk, Mrs. Koch, Mr. Sandifer and Mr. Koole. Absent: Mr. Schwartz. #1 APPROVAL OF MINUTES: A. Mayor Bueker requested the minutes of the Special Meeting of January 15, 1974 be amended to include the following: "In reference to Mr. Gaddis' remarks on the second page - his mention of the ponding areas were the only drawback that he had to acceptance and;that if deficiencies were prevalent other than the pond- ing, that it was economically not feasible to tear up any other streets. Also Mr. Koole asked Mr. Gaddis to provide the Council with the ponding areas in one weeks time - reminding him that the request had been made a month or so ago." Mr. Sandifer moved the minutes of the Special Meeting of January 15, 1974 be accepted as amended. Mrs. Funk seconded the motion with all members voting aye. B. Mrs. Funk moved the minutes of the Regular Meeting of January 15, 1974 be accepted as presented. Mrs. Koch seconded the motion with all members voting aye. C. Mayor Bueker requested paragraph 2 on page 2 of the Special Session of January 29, 1974 be changed to read: "Mr. Cross and Mr. Walter Schertz, Director of the local Urban Renewal Agency, both agreed all the areas in question with the exception of the Live Oak Road Drainage, which is caused by problems outside the project area, and Pfeil Street becuase of the repaving, will be corrected as soon as possible." Mrs. Koch moved the minutes of the January 29, 1974, Special Meeting be accepted as corrected. Mr. Koole ,\ seconded the motion with all members voting aye. #2 HEARING OF RESIDENTS: 1. Mrs. Dovie Caldwell addressed the Mayor stating a visitor to the SAFES meeting of February 4, 1974 informed them that the Mayor had aksed him to represent Schertz on a Cv~unity Council Study Group. Mrs. Caldwell wanted to know why she and Mrs. Quesada were not notified or contacted in any way by the subreagion study group or by Mayor Bueker, since he had asked the Advisory Group to select two members as representatives. She and Mrs. Quesada were selected and their names were turned in to Mr. Blake. They ran a survey for the Community Council so that they might have an answer for ambulance needs. She wanted to know why they were not notified someone else had been appointed in their place. Mayor Bueker explained that no one had taken their place but the one .L . 47 appointed now is a separat$ study group that will work directly, not within the city, but as a part of an ad- hoc committee, in essence working directly with the Brooks Medical Research Ce*ter. He went on to explain there are several different~groups working on the same subject to get different approaches. Mayor Bueker said he felt they were doing a good job with SAFES and to keep up the good work. In fact~ he introduced Mr. Roe Yochum who then brought the Council up to date on the progress made by SAFES. Mr. Yochum said the next meeting will be on February 18 and the Red! Cross classes are to begin on February 19th and invited ~veryone to attend. Altho they have a full class at ':his time, they always need and welcome more names for the classes. Mr. Schwartz arrived at 7:~5 P.M. #3 PLANNING & ZONING MINUTES: Mayor Bueker asked Mr. , Arnold, concerning Item 1 on Mobile Villa Estates, if since the P&Z had required they provide easement for the sewer lines, has the City stipulated to them the requirement of putting in dry sewer lines at this time. Mr. Arnold said we had not that Mr. Gaddis had written to the P&Z Cvuuuission statlng certain requirements had to be met on water lines at this' time but he could not require them to put in dry sewer lines hot knowing when the outfall lines would be run that way. He felt he could not require them to put in dry sewer 11nes and septic tanks at this time. Mayor Bueker said he felt ~e should make some stipulation to Mr. Gardner or his enginee~ as to what our requirement will be at such time as the out~a11 line is available to the area so that we establish policy on this. Mrs. Funk asked how the petition for annexation is going in the Mobile Villa Estate ar~a. Mayor Bueker said he hoped to finalize the petition Friday at a meeting with the Jesse James Trailer Court people. He had gotten signatures from everyone contacted but one party. Mrs. Koch asked if the platts presented to the P&Z Cuuuuission became the property of the! Cuuuui ttee and was told no, they do not own anything. Mr. Arnold asked the Mayor! what the City's policy is concerning outfall lines. Mayor Bueker said the same as was worked out for Deer Haven Unit 3 - th~ same as required for all sub- divisions. The City should have a stated policy even for ETJ areas. Mr. Schwartz suggested there may be a need for an adendum to the Zoning Ordinance pertaining to the covenants within our ETJ. Mr. Sandifer moved the min~tes of the Planning and Zoning meeting of January 23, 197~ be accepted as presented. Mrs. Koch seconded the motion with all members voting aye. 4B 114 LONE OAK PARK: Mr. Bill Albert briefed the Council on the plans for the development of the Lone Oak Park. His plans include a circle sidewalk around the tree, 4 concrete benches, 2 long flower beds along the street sides of the park with an 18" rock wall fence. He had also included a small fry park area with swings, see saws, slides etc. Mr. Albert did not have a definite estimate at this time, but he and Mr. Arnold feel it will be close to $3,000, excluding the playground equipment. Mrs. Koch asked who had requested these plans to be drawn; and was told that Mr. Schwartz had requested it quite some time ago. Mr. Schwartz explained the reason was to preserve the beautiful old oak tree that was being destroyed by children swinging on it. He also reminded Mrs. Koch that this was a budgeted item, the money budgeted in Revenue Sharing Fund. Mrs. Koch also asked if, under the things that could be done with Revenue Sharing Funds, would retopping a street be one of them. Mr. Arnold said it definitely could be. Then Mrs. Koch expressed her opinion that a1tho the need for preserving the tree and beautifying the park is necessary, she feels the money the park will cost could be better spent by retopping of some of the streets on the south side of highway 78. Mr. Arnold said the only reason for presenting the park plans at this time, is that it was an item put in the budget to be accomplished as soon as possible. 115 URBAN RENEWAL PARK LAND DEVELOPMENT: A. Mayor Bueker Third Amended being questioned section had been dedicated to the f (p /~ f read Ordinance No. 73-U-2 and explained the Cooperation Agreement attached thereto. On Mr. Schertz, UR Director, said the parkland deleted and it now states this land will be City. Mrs. Koch moved to adopt Ordinance No. 74-U-2 as presented. AUTHORIZING THE MAYOR TO EXECUTE A THIRD AMENDED COOPERATION AGREEMENT WITH THE URBEN RENEWAL AGENCY OF THE CITY OF SCHERTZ IN CONNECTION WITH AN URBAN RENEWAL PROJECT TITLED BUFFALO VALLEY NORTH PROJECT TEX. R-1l2. Mr. Sandifer seconded the motion with all members voting aye. B. Mr. Earl Johnson, Park Supt., explained the presentation he has to present is a joint agreement between the City, UR, AACOG and the Texas Parks and Wildlife Department. He handed out cost estimate sheets and showed several blueprints of park designs from the Texas Park and Wildlife Dept. The Plans call for a General purpose court, two rest room areas, general picnic and group picnic areas, recreation shelter, children play area and landscaping. Mr. Johnson also said there would be several drinking fountains in the park. The 4U picnic area would cost apptoximate1y $9,000 with the overall park development plan esti$ated at $67,868.00. Mr. Schertz suggested to Mr. Johnson and the Council that the full amount of ~67,868 be requested through their agency and see if HUD will approve it;because money is available. , Mr. Schwartz moved to submit this estimated amount of $67,868 for park improvements to HWD and see if they will approve the full amount. Mrs. Koch setonded the motion with all members voting aye. Mayor Bueker called a rece$S to the Regular Council Meeting at 8:20 P.M. and immediately called an Executive Session of the Council for items 6, 8' and item 1 of Mr. Arnold's FYI memo - stating these are all personnel problems. (]:' , ~ ~ J .. I j The Regular Meeting was reconvened at 10:50 P.M. by Mayor Bueker, who explained the following actions were taken in the Executive Meeting: Item 116: Mrs. Funk moved to go along with the proposed 1(11[{ pay raise of 5% for all city employees with the exception of the Police Department and 10% for Mr. Arnold since he did not get any increase the last time the employees did. Mr. Sandifer seconded the motion. Voting Aye: Voting Nay: Mr,.? Sch~artz, Mrs. Funk and Mr. Sandifer Mr. Kool~ and Mrs. Koch Concerning the overtime and standby pay for employees of the ) .'.>, I).\-' Utility Department, Mr. Schwartz moved to allow the overtime pay only. Mr. Sandifer seconded the motion with all members voting aye. Since Mr. Arnold is under contract to the City, his contract had to be renewed with the I salary change to include the 100/0 increase and starting datei changed to read March 1, 1974. Item 1 on Mr. Arnold's FYli letter to the Council concerned Administrative Intern Ken Miko1ajchak. Mr. Koo1e moved to terminate Ken Miko1ajchak'~ employment because he did not financially qualify for the HUD intern program. Mrs. Koch seconded the motion with a~l members voting aye. On item No. 8 - confirmation of appointment of Mr. Harold Baldwin as Tax Assessor/Co~lector - Mrs. Funk moved to confirm the appointment of ~r. Harbld Baldwin to fill the position of ~ Tas Assessor/Collector-Assistant City Manager. Mr. Sandifer seconded the motion. Voting Aye: Mrs. Funk, Mr. Sandifer and Mr. Schwartz Voting Nay: Mrs. Koch and Mr. Koo1e. 1(- ? ( , I '\ ' , ! ' Mr. Bueker also wanted to go on record as saying he is against the appointment of Mr. Baldwin since he feels he is not the best qualified person. 50 11 9--~-' ,v1~ ~J #7 BID AWARD: Mayor Bueker reminded the Council the bids for the two police vehicles were opened at the meeting of January 15, 1974 and read as follows: 1. O.R. Mitchell - Plymouth $8470.00 2. Becker Motor Co. - Plymouth $8597.60 3. Koepp Chevrolet - Impala $8575.92 4. Krueger Motors - Pontiac $8873.08 There is a tie-on bid with the City of San Antonio in the amount of $7270.74 for an American Motors Ambassador. Mr. Arnold explained that San Antonio is in their second year of using American Motors vehicles and feels that if they had had very much down time, we would know about it. By moving the City Manager's vehicle to the Police Dept. and using one of the new cars for him, that will only leave one ambassador on the streets. We will not know how it will work for Schertz, unless we try them. Mrs. Koch moved to accept the American Motors bid of $7270.74 for two police vehicles. Mrs. Funk seconded the motion with all members voting aye. 119 PURCHASE OF PICKUP TRUCK: Mayor Bueker referred to Utility Supt.'s letter in which he states the 1968 Chevy pickup is now requiring quite extensive repairs to put it back in service. Mr. Schwartz moved to purchase an additional Mazda pickup truck to replace the 1968 vehicle. Mrs. Funk seconded the motion. Mayor Bueker said he feels it would be best to wait until an emergency arises before purchasing a third pickup. Mrs. Koch said that with all the City is spending on salaries, let us spend a little on equipment. The vote on this motion was unanimously in favor. #10 POLICE CONTRACT WITH CIBOLO: Mayor Bueker briefed the Council on the Contractual Agreement for Police Service between the cities of Schertz and Cibolo. Mr. Arnold said the proposed agree- ment and cost estimates were compiled at the request of Mayor Schlather; however, he wanted to show them to the Schertz Council before presenting even an, estimate to Cibolo. After lengthy discussion, the Council was 1n agreement with the figures as presented and that Cibolo should carry the full cost of this service including the patrolman"s salary and extra vehicle if necessary. Mayor Bueker asked Chief Schoonover what problems Cibolo might be having at this time to consider this request; and was told Cibolo abolished the position of City Marshall and cannot regain it. Mrs. Funk, Mr. Sandifer and Mr. Koole were not in favor of providing this service but agreed with Mrs. Koch and Mr. Schwartz to send the figures to Cibolo to leave the door open. 51 1111 PAYMENT TO KELLY CONSTRUCTION COMPANY: Mr. Schwartz moved to pay Construction Co. $55$.00 for channel work on Live Oak Mrs. Funk seconded the motion with all members voting , ;! Ii- , l Kelly Road. aye. f) " t7'-'t 1f12 ENGINEERING PAYMENt: Mr. Schwartz moved to pay ,:\ Mr. Gaddis $478.00 for engineer- ./ II' ing services in connection, wi th survey, field notes and plat ?-'. ? of 230.56 acres to be annexed. Mrs. Koch seconded the motion .' with all members voting aY$. #13 ORDINANCE: Mayor ~ueker read Ordinance No. 74-U-3: , APPROVING THE CHANGE lN CONSTRUCTION PLANS FOR PARCEL 52-2 FOR T~I-CITIES ENTERPRISES , Mr. Trent of Tri-Cities Enterprises was present to answer questions concerning this ~hange order. Mr. Schwartz moved to apprcDve Ordinance No. 74-U-3 as presented.6,.0 :/~" Mrs. Funk seconded the motion with all members voting aye. " #14 ORDINANCE: Mr. Ar~old explained that the ordinance adopting animal control measures for the City has not been reviewediby Attorney Harris as yet. When he and the interns were wotking on this ordinance, they in- corporated most of the rec~mmendations the Council had pre- sented to him and would li~e to present the ordinance for final action at the next r~gular meeting. Mr. Schwartz moved to send a copy of the proposed ordinance to , Attorney Harris for review and bring it back to the next regular r1 ~f;V meeting for action. Mrs. Funk seconded the motion with all ~ ~ members voting aye. #15 ORDINANCE: Mr. Arnold read a cover letter from Attorney Harris' concerning the Fair Housing Ordinance which is required for the Annual Arrangements program. Mr. Harris stated he could find nothing particu1ar1y'objectionab1e to the form but did modify the ordinance by changing the refer- ence to Corporation Court in Section 11 to read "Municipal Court" . Mr. Arnold explained Intern Rusty Rose wrote this ordinance from a somewhat standard format after talking with the people at HUD. Mr. Schwartz moved to accept Ordinance No. 74-M-4 as amended. r \,., ~ AN ORDINANCE DECLARIN~ THE POLICY OF THE CITY TO BE IN FURTHERANCE OF THE' RIGHT OF EACH INDIVIDUAL TO PROVIDE HIMSELF AND H[S FAMILY A DWELLING, INCLUDING THE FINANCING THEREOF!, WITHOUT REGARD TO RACE, COLOR, RELIGION, OR NATIONAL: ORIGIN: DEFINING TERMS; ADOPTING REGULATIONS CONCERNIN'; FINANCING OF DWELLING; PROVIDING REGULATIONS CONCERN IN; BROKERAGE SERVICES; PROVIDING CERTAIN EXEMPTIONS ANb EXCLUSIONS; SETTING UP A PRO- CEDURE FOR THE HANDLING OF COMPLAINTS; OUTLINING THE DUTIES OF THE CITY AT~ORNEY AND THE AUTHORITY OF THE 52 ADMINISTRATOR; FORBIDDING INTIMIDATION CONTAINING A SEVERANCE CLAUSE; PROVIDING A PENALTY; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. Mr. Sandifer seconded the motion with all members voting aye. #16 CCMA: A. Discussion of sewer Connections. Mayor Bueker introduced Mr. Jesse Graham to bring the Council up to date on this subject. He said there was a meeting for discussion between the managers as directed by the Board of CCMA and the Mayors showed up at the meeting. One item of discussion was to determine what the charge for sewer connections would be. Both Mayor Bueker and Mr. Graham feel it was one of the test and most fruitful meetings CCMA has ever had. One of the immediate problems is the Schertz plant being overloaded. Mr. Graham went to his Board and asked for $35,000 to put a portable treatment plant at the Schertz site. He went on to say that to make this feasible, they will have to ask the cities to make a connection charge. This charge does not include any residents of Schertz now - including Deer Haven; but this charge can amortize the cost of the new connections that will be added to the plant facility. Mr. Koole had to leave the meeting at 12:00 P.M. , After a discussion period, Mr. Sandifer movee to authorize ,;' the connection charge in the amount of $250.00. Mrs. Koch seconded the motion with all members voting aye. Mr. Arnold asked when and how the City is to start collecting. Mayor Bueker stated it will have to be discussed at the CCMA Board Meeting. Item No. 17 was removed from the agenda since R & R Construction Company was not ready and did not submit the invoice for approval. Mr. Patterson said he would like to tell the Council at this time that he feels R&R did an excellent job on the sewer line in the entrance of Lone Oak Subdivision. #18 PREVIOUSLY TABLED ITEMS: 1. There is nothing new on the sewer collection lines in Deer Haven at this time. 2. Traffic Control Ordinance - Mr. Arnold explained why we do not have anything new on this ordinance at this time being that Mr. Harris does not have enough interpretation at this time on the new penal code that went into effect the first of the year but he gave his guarantee that he would have it by the next meeting. 3. Pension Plan - Mr. Arnold said should have some- thing by next Regular Meeting on this item. '"" ..) ;)0 #19 GENERAL DISCUSSION A. Mr. Arnold called the Council's attention to a letter from Chief Schoonov$r with a brief explanation as to what the Police Departm~nt does concerning minors in places of business serving: alcoholic beverages. B. Mr. Arnold read a letter of proposal for ambulance service from Bextr County Ambulance Service. The amounts are $3,000 per month flat rate and City would collect all ambulancf bills at their suggested price. Secondly, $2500 a ~onth and Bexar County Ambulance does the billingiand collecting themselves. The City Police Dispatchet would have to take all calls. The letter does not say where the ambulance would be stationed. C. Mr. Schwartz sugg~sted the Council think about providing a slab fori the MASTS helicopter to land on. Mr. Schwartz ~oved to! adjourn at 12:15 P.M. Mr. Sandifer seconded the ~otion with all members voting aye. /-i::,;/ e :iLL Mayor Robert C. Bueker ATTEST: ~,~, ~IJ~ c(1Y-Secretary June G. Kra~se L