02-05-1974
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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
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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
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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.
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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.
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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.
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#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.
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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
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Kelly
Road.
aye.
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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
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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 \,.,
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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
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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 $250.00. Mrs. Koch
seconded the motion with all members voting aye.
Mr. Arnold asked when and how the City is to start
collecting. Mayor Bueker stated it will have to be
discussed at the CCMA Board Meeting.
Item No. 17 was removed from the agenda since R & R
Construction Company was not ready and did not submit the
invoice for approval.
Mr. Patterson said he would like to tell the Council at this
time that he feels R&R did an excellent job on the sewer
line in the entrance of Lone Oak Subdivision.
#18 PREVIOUSLY TABLED ITEMS:
1. There is nothing new on the sewer collection
lines in Deer Haven at this time.
2. Traffic Control Ordinance - Mr. Arnold explained
why we do not have
anything new on this ordinance at this time being that
Mr. Harris does not have enough interpretation at this time
on the new penal code that went into effect the first of
the year but he gave his guarantee that he would have it
by the next meeting.
3. Pension Plan - Mr. Arnold said should have some-
thing by next Regular Meeting
on this item.
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#19 GENERAL DISCUSSION
A. Mr. Arnold called the Council's attention to a
letter from Chief Schoonov$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:
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c(1Y-Secretary June G. Kra~se
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