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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 ~J ~ 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. ,.r-,I:") ;) t-) 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 ATTEST: