ccswks 02-10-1993
87
SPECIAL MEETING OF THE CITY COUNCIL
FEBRUARY 10, 1993
The Schertz City Council convened in Special Workshop
Session Wednesday, February 10, 1993, at 7:00 p.m. in the
Conference Room of the Municipal Complex, 1400 Schertz
Parkway, Schertz, Texas. The following members were
present: Mayor Earl W. Sawyer, presiding; Hal Baldwin,
Barbara Stanhope and Ken Greenwald. Absent: Joe Potempa
and Mary Marsh. Staff present were City Manager Kerry
Sweatt and City Secretary June Krause.
#1 HEARING OF RESIDENTS: A. Sandra Williams of 101
Moonlight Meadows addressed Council concerning the recent
decision of a Federal Judge against South Texas. She felt
it terrible what one person and the Sierra Club special
interest group is trying to do to the State of Texas
change our economy, change our lifestyle and do all this on
supposition of what might happen. She said that in 1955,
the springs dried up and the snails went back down into the
aquifer and when the springs filled up, the snails carne back
up again. She wondered what the real reason behind this
could be, adding that the Sierra Club does not care for
humans - all they care about is animals. She said she was
sure the Council Members were also against this ruling and
asked what the residents could do to help them fight this -
whether it be petitions, marching on Austin or what. She
said she understood a representative from Houston is going
to introduce a bill to stop this Federal Judge from doing
this.
Mayor Sawyer thanked Ms. Williams, saying Council
appreciates her remarks. He then invited her to our regular
meeting on the 16th, when there should be news media present
and she could get more exposure.
B. Bill Neller
Saturday, he had
assisting about
said he and two
newspapers. He
from the Council
said in January and again the previous
the privilege of going to the Library and
four hours on the recycling project. He
small girls helped unload about two tons of
was concerned because he did not see anyone
present to even greet these people.
Mr. Sweatt said the Library Board has endorsed this
project. Mr. Gutierrez had set up a recycling location
previously and the people did not think that too convenient.
Mayor Sawyer suggested Mr. Neller go to the Library Board
and address his remarks to them to get the word out.
#2 Discussion of proposals for publication of Official
Notices.
00
Mr. Sweatt advised that staff had solicited bid proposals
and received three. In the past, we used the Herald and a
combination of the Herald and Commercial Recorder to comply
with both the letter and spirit of the law. We were
recently notified of a price increase from an original
proposal. At which time we solicited proposals. The new
proposals from the Herald was an increase from the first
proposed increase. We received proposals from the New
Braunfels Herald-Zeitung and the Seguin Gazette-Enterprise,
both of which meet the letter of the law. He said we
reviewed this matter a number of months ago dealing with the
requirements. As we understand it, under the law and
various opinions, for a newspaper to meet the legal
definition of a legal newspaper, it must hold a second class
permit. Other publication requirements stipulates that the
paper must be of general circulation in the county for which
publication is being made. Mr. Sweatt said we have
reviewed these bids, he discussed it with the City Attorney
and further discussed it with the Texas Press Association.
He said that based on our review, we recommend the Council
select the Seguin Enterprise as the official newspaper and
designate the New Braunfels Herald-Zeitung as an alternate,
as we believe these papers meet the legal description of a
newspaper.
Mrs. Stanhope asked how many lines make up a column inch.
Mr. Sweatt advised that in discussing this with the paper,
they say about 5 or 6 lines to a column inch. Based on six
lines per column inch, the rates were $4.80 for the Seguin
Gazette-Enterprise, $5.35 for the New Braunfels
Herald-Zeitung and $5.45 for the Herald.
Mr. Baldwin clarified by saying that we
newspaper to satisfy the legal aspect and
Schertz Newsletter to inform the citizens.
would
then
use
use
the
the
Mr. Sweatt advised that we now publish about 4,000 copies
of the newsletter monthly. These go to various businesses
throughout the City and of course this would accomplish the
spirit of the law.
#3 Discussion of final consideration of an ordinance
amending ordinance 90-F-34 providing for renewal of solid
waste franchise.
Mayor Sawyer reminded that this item has been approved on
the first reading and asked if any Council member had any
comments or questions. There were none.
Mayor Sawyer asked that this item be on the next agenda for
action.
#4
Department
widening.
Discussion of escrow agreement with Texas
of Transportation in connection with FM 3009
-------
B9
Mr. Sweatt said that it appears that, once again, the TDoT
has made some changes that we were not notified about
relocating the sidewalk and accompanying bus pickup. He
asked that this item be tabled for the present to see if we
can get some things worked out. He said the original
location of the sidewalk admittedly would have been a
problem. He added, that at this stage, they are saying we
are back into a March bid letting.
#5 Consider and take action on awarding bids for
paving and fencing of animal shelter project.
Mr. Sweatt said we would like for Council to consider
action on these items at this meeting as it would speed up
the project. He continued, saying the outer perimeter
fencing and asphalt paving of the parking lot and driveway
were items that were deleted from construction plans in
order to bring the project into compliance with available
funds. After securing the Marguerita Doe Foundation grant,
these two items were judged to be very needed and eligible
for grant expenditures. We solicited bids and on February
10th, bids were opened; however, we did receive only one
bid and that was from the existing contractor, Harrison
Construction. The fencing bid is a few dollars under our
estimate, the parking lot and paving bid is almost $1,000
above our estimate - however, we did add some additional
work that would almost account for the $1,000. We recommend
accepting this bid of Harrison Construction Company, in the
amount of $12, 323 for the asphalt paving and driveway work
and to the same company, in the amount of $7,421 for the
outer perimeter fencing.
Mrs. Stanhope moved to award the bids to Harrison
Construction Company - one for $12,323 for the paving and
driveway work and another in the amount of $7,421 for the
fencing. Mr. Greenwald seconded the motion.
Mr. Baldwin asked if there is really a reason why Harrison
Construction Company was the only bidder. He said he knew
of companies right here in Schertz who could have bid.
Mr. Bierschwale said
Jones about the bidding
he would not touch it.
bids and they said they
he had gotten in touch with J.D.
and he brought the plans back saying
We did ask other companies to submit
did not have time right now.
Mr. Sweatt said this job is too big for a little contractor
and too little for a bid contractor.
Mayor Sawyer then called for a vote on the motion, which
carried as follows:
AYES: Council Members Baldwin, Stanhope and Greenwald
NAYS: None
90
#6 Discussion of plans and construction progress of
animal shelter.
Mr. Sweatt outlined ,on a plat, the bids that we are going
to be receiving on the last major element of this project.
This will be the large animal pens. Johnny Bierschwale has
worked with Ford Engineering and has designed what he
considered a first class facility. We periodically have to
impound large animals and have very few places to store
them. We pay quite high prices to farmers and ranchers to
store them for us. Also from time to time we need
additional stoLage for animal food, traps, pens, lawn
mowers, etc.. This is an item that is included in our
Marguerita Doe Grant fund dollars. The bids will be opened
February 11th.
John Bierschwale then pointed out on the plat
storage facility, the 12x12' stalls, with 7'
panels, the pen area drive-in door, etc.
the 12x24'
high kick
Mr. Sweatt said that we will have four separate pens, two
under the roof and two outside. The outside of the
structure will be metal and not brick.
He then said we are not able to find the brick to match that
on the Municipal Building so our plans are to use the brick
like the sign out front of the Municipal building. On the
interior there will be floor tiles, sheet rock walls and
ceiling for which we need to select colors. He showed
samples for Council consideration.
John Bierschwale said
having grey floors and
Mr. Sweatt said we do
want that, perhaps they
the Humane Society
grey walls with blue
not have trim in the
could pay for it.
had suggested
wallpaper trim.
plan so if they
Mr. Greenwald reminded that the medium dark colors will not
oxidize as quickly.
After further discussion, Council Members decided to allow
Mr. Sweatt and Mr. Bierschwale to make the decision.
#7 Discussion of policy statement regarding change
orders.
Mr. Sweatt said that recently as we were going through the
change orders for the animal shelter, we discovered that we
do not have a policy dealing with change orders. After
discussing this with Attorney Mike Spain, the following
policy is recommended for approval: "Under the terms of
Section 252.048 of the Local Government Code, the City
Manager is hereby authorized to approve change orders to
City contracts if the change order involves a decrease or an
increase of $15,000 or less. This authorization anticipates
the City Manager will communicate information relating to
the change orders so approved at the next City Council
meeting.
Q1
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If the change orders involve a decrease or an increase of
$15,100 or more. those changes must be approved by the
governing body."
As there were no objections, Mayor Sawyer asked that this be
placed on the next action agenda.
#8 EXECUTIVE SESSION: Mayor Sawyer called an
executive session under Article 6252-17, Section 2(e) of
Vernon's Texas Civil Statutes at 7:45 p.m. to discuss with
the City Attorney pending or contemplated litigation.
The Special Meeting was reconvened at 8:15 p.m.
#9 consider and take action, if any, on the above
executive session.
Mayor. Sawyer advised that Council did discuss pending and
contemplated litigation with the attorney but did not see
any reason to take action at this time.
#10 Discuss effects of
interpretations and regulations.
recent
environmental
Mr. Sweatt began the discussion as to what
alternatives we might face as to the Judge's recent decision
and how this will impact the Water Commission and their
decision about how to allocate water and what will be taking
place. Mr. Greenwald suggested last week that in addition
to looking at the CRWA alternatives, it may be that we need
to be looking at some other alternatives as well.
Mr. Greenwald said that obviously every city around
here cannot cut 60% of their water consumption. As far as
pumping limits, he said he did not totally agree with them
but there will have to be some type of regulation - whether
it be through the State, the Edwards or whoever - somebody
has to be able to control it. He said the idea of the
Federal Endangered Species Act is totally ridiculous. The
way the law reads, the judge has no choice. There needs to
be a change to the Federal Endangered Species Act - one that
considers people, environment and other things. Where is a
small city going to come up with twenty million dollars to
build a lake and treatment plant. There are several State
legislators that are already petitioning congress to change
the Endangered Species Act. The State Representative from
Humble wants to introduce a bill to place economic saving of
the specie as serious consideration and require compensation
for loss of private property, i.e. water/pumping. We
should be reimbursed by the EPA or whatever for the cost of
replacing what we cannot pump. He said he was not for
killing off every specie; but in 1955 the Comal springs
went dry and the fish did not die. They followed the water
back into the aquifer. In his opinion, the GBRA wants to be
the water purveyor for everybody.
~~
Mayor Sawyer asked Mr. Greenwald if he would make his
statement again at the next meeting, as he had already asked
the ladies that made their statement at the beginning of the
meeting to come back at that time.
Mr. Spain suggested that if Council is going to write
to their representatives, another letter that should be
written is to the Administration because we probably have
the most environmentalists in the administration that we
have ever had. People should not stop at writing their
Representatives but write to the President and
Vice-president as well.
#11 CITY MANAGER'S REPORT: A. We have had an
invitation for the ground breaking of a new City Hall from
Helotes on February 13th.
B. He
vacancy in
selected for
applicants.
was pleased to announce the filling of
the police service. Officer Terry Smith
the Sergeant's position from a field of
the
was
four
C. Circle Oak is temporarily closed as one of the
contractors is working in that location for sewer line
relocation. This morning, with all the rains, the sewer
line caved in or settled. We have had at least two claims,
which are the contractor's responsibility.
D. Mr. Sweatt gave a short review of our financial
report. We were 25% through the fiscal year and the General
Fund was 21% of budget expended, Water/Sewer was 12%
expended and SAFES was 23% expended. Income during the same
period of time for General Fund was 29.4% realized;
Water/Sewer was 18.7% realized and SAFES was 28.2% realized.
Overall we are on target and doing slightly better. He then
listed some capital expenditures for this period.
E. The
attorneys and
Selma will be
issues.
City Attorney and Mr. Sweatt met with
City Managers from Converse, Live Oak and
meeting with Paragon regarding franchising
F.
present
will be
month at
It was the intention of George Barnard
and introduce his replacement, Walter Scott.
having a retirement party for George later
the Community Center.
to be
They
this
#12 ITEMS BY COUNCIL: Mr. Baldwin: A. At the corner of
Lindbergh and Exchange there is a basketball goal right on
the curb. They are not 10 feet off the paved right of way
of Exchange.
B. Also on Lindbergh, the Telephone Company has had a ditch
dug for months or years. It is a real mess - fortunately,
no one lives in the house. Mr. Sweatt will look into this.
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Mr. Greenwald: A. Asked if the basketball courts are in
operation at the pavilion. Mr. Sweatt said not all the
material has been received. We need to give some thought to
what is our process if we choose to put them back up. We
have just as many letters in opposition as for them.
We now have the curfew ordinance in place. Mr.
has been asked if we are enforcing it.
Greenwald
Mr. Sweatt said no citations have been given but several
first warnings have. Mr. Sweatt advised that we have not
had a gang related problem in the park since the basketball
goals were torn up.
Mr. Greenwald said he felt it worth a try to put them up
and try to get the kids off the streets.
Council discussed this at length, with each one giving
discussions they have had with citizens on this.
Mrs. Stanhope suggested putting an article in the March
newsletter to the effect that the Council has decided to put
the basketball backboards back up; however, the City cannot
continually afford to replace these. If they are damaged
this time. they will not be put back up.
#13 ITEMS BY MAYOR: Mayor Sawyer said he
going to another Eagle Scout Court next week and
would ask Mr. Potempa to go with him.
would
said
be
he
#14 ADJOURNMENT: There being no further business to
come before Council, the meeting was adjourned at 8:53 p.m.
by Mayor Sawyer.
tfl J l
(~~7.~~,_I/' I)(j ;..J>r~;__.:.-__~_____
~aior, -City of Schertz, Texas
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