ccreg 05-03-1983
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PUBLICH Hf.ARlN!i-OF-THL CITY COUNCIL
MAY 3, 19R3
Ire Schertz City council convened_fo.rthe purpose oLhQlilin9-_~_-P-Uh,lic-~earing~ ,
aLIi: 3Q P .t1.~_Iuesd~.J-May_~_19B3~t the sQUtheast_corneL-<lf~ha_jn1er...-----
_~ection_C1L_F.M._3DO.9_andtheMissouri":"Kansas-IexasRailroad_ trach.,_with the-
_____ foll ow;ng_memhers__presen~_ Mayor Earl_W___ Sawyer, ---P--residin~_Charl~s_BLS.bMP_e;
___ Hal_Baldwin; AdoJpb .l\Cluilar_ and Jacqueline Lawler. Absent: Ross Hoover.
Staff present was City Secr~tary June G. Krause.
The Mayor called the Public Hearing to order and acknowledged the only
citizen present, Merwin G. Willman. He then stated the purpose of the public
hearing was to obtain the views of the public concerning the proposed annex-
ation of a 265.96 acre tract of land out of Comal County.
After ascertaining there were no citizens wishing to be heard and Council had
no questions concerning the proposed annexation~ Mayor Sawyer declared the
public hearing closed at 6:32 P.M..
ATTEST:
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REGULAR MEETING OF THE CITY COUNCIL
MAY 3, 1983
The Schertz City Council convened in Regular Meeting, Tuesday, May 3, 1983,
at 7:00 P.M. in the Council Chambers of the Municipal Complex, 1400 Live Oak
Road with the following members present: Mayor Earl W. Sawyer, presiding;
Charles B. Sharpe; Hal Baldwin; Ross Hoover; Adolph Aguilar and Jacqueline
Lawler. City staff present were City Manager Jimmy G. Gilmore and City
Secretary June G. Krause.
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Before opening the meeting, Mayor Sawyer called Police Chief James W. Keith
forward and then read a proclamation in which he proclaimed the week of May
15th through 21st as "National Police Weekll' He then asked the emp1)oyees
of the Public Works Department forward and read a proclamation in which he
proclaimed the week of May 22nd through 28th as IINational Public Works Week"
The Mayor then opened the public hearing and stated the purpose as being
to obtain the views of the public concerning the proposed annexation of a
265.96 acre tract of land out of Comal County. He asked Mr. Gilmore to-
point out on the map the exact location of this proposal.
There being no citizens wishing to speak pro or con on the proposed annexation
and the Council having no questions on the subject, Mayor Sawyer declared the
public hearing closed at 7:02 P.M.
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Mayor Sawyer thefl opelled the regular meeting of the City Council and
welcomed everyone in attendance.
#1 APPROVAL OF MINUTES; A. Workshop Session of April 13, 1983
B. Regular Session of April 19, 1983.
As copies of the minutes in question were not distributed to Council
prior to the meeting, Mr. Baldwin moved to table this item until the next
regular ~eting of the Council. Hr. Aguilar seconded the motion which
carried with the following vote:
AYES: Councilmembers Sharpe, Baldwin, Hoover, Aguilar and Lawler.
NAYS: None
#2 HEARING OF RESIDENTS: Mr. Johnny Keith of 413 West Aviation Blvd.
Universal City, addressed Council saying
he is an ex-employee of the City and that he had some packets to hand out
to Council for their consideration at a later date. He said basically
the information in the packet is the same information he has discussed
with them, plus all correspondence he has compiled, that they might be
interested in.
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Mayor Sawyer thanked Mr. Keith for being brief. He then asked Mr. Keith
if it is true that he is not protesting his termination but only the operation
of the Police Department. Mr. Keith replied that is right.
#3 BID OPENING: The Mayor said this item is to consider bids received
on $1,250,000 City of Schertz, Texas, Combination Ll
Tax and Junior Lien Waterworks and Sewer System Revenue Certificates of , \
Obligation, Series 1983.
Mr. Tom Anderlitch, City Financial Advisor, said that five bids were re-
ceived with one firm not bidding. He read the bids as follows:
Net Int. Cost Effective Int. Rate
Prudential Bache Securities, Inc.
Paine Webber Jackson Curtis
$1,475,575 '-
9.3154
Dean Witter Reynolds, Inc.
M.E. Allison & Co., Inc.
Westcap Securities Inc.
$1,484,755 -
9.373453
Rauscher Pierce Refsnes, Inc.
Mercantile National Bank at Dallas
$1,455,822.25
9.190797
Underwood, Nuehaus & Co., Inc.
Cowen & Company
Texas American Bank/Ft. Worth N.A.
Kidder Peabody & Co., Inc.
$1443,525.00 -
$1,494,487.50
9. ll3163
9.434896
Rotan Mosle, Inc.
Mr. Anderlitch then stated that the bids have been checked and are all
correct and in order. He recommended accepting the low bid of Underwood ,'-'U
Neuhaus & CompanY, Inc., Cowen & Company, Texas American Bank/Ft. Worth
N.A., Kidder Peabody & Co., Inc. in the amount of $1,443,525 with an
effective interest rate of 9.113163. f
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#4 ORDINANCE: The Mayor introduced and read the caption on an
ordinance as follows:
ORDINANCE NO. 83-B-3
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXASs
AUTHORIZING THE ISSUANCE OF $1,250,000 PRINCIPAL AMOUNT OF
CERTIFICATES OF OBLIGATION OF SAID CITY TO BE KNOW AS "CITY OF
SCHERTZs TEXAS, COMBINATION TAX AND JUNIOR LIEN WATERWORKS AND
SEWER SYSTEM REVENUE CERTIFICATES OF OBLIGATION, SERIES 1983",
FOR THE PURPOSE OF CONSTRUCTING IMPROVEMENTS AND EXTENSIONS TO
THE CITY'S COMBINED WATERWORKS AND SANITARY SEWER SYSTEMS;
PRESCRIBING THE MATURITIES OF SAID CERTIFICATES AND THE INTEREST
RATES; PROVIDING THAT SAID CERTIFICATES SHALL BE PAYABLE FROM
THE PROCEEDS OF AD VALOREM TAXES AND CERTAIN NET REVENUES OF THE
CITY'S COMBINED WATERWORKS AND SANITARY SEWER SYSTEM; PROVIDING
THE FORM OF SAID CERTIFICATES; CONFIRMING THE SALE OF SAID
CERTIFICATES; MAKING OTHER PROVISIONS PERTAINING TO THE SUBJECT
AND PURPOSE OF THIS ORDINANCE; AND DECLARING AN EMERGENCY.
Mr. Gilmore explained with the map where the proposed water line p~oject
would go, saying that this would provide a loop system. It will better
supply the lower part of Schertz as well as open up more of the Industrial
Area and along I 35. The project will also include sewer line at Oak
Forest through to the creek up to and under I35, down to Country Corner
and up to Precast on FM 3009. This will open all of 135 within the
Industrial Area and open up the land between Oak Forest and 135.
After further discussion, Mr. Sharpe moved for emergency consideration
approving the ordinance authorizing the issuance of $1,250,000 Certificate
of Obligation for Water and Sewer SystemrRevenue with the bids awarded
to Underwood Nuehaus & Co, Inc., Cowen & Company, Texas American Bank/
Ft. Worth N.A., Kidder Peabody & Co., Inc., for a Net Interest Cost
of $1,443s525 and effective interest rate of 9.113163. Mr. Hoover
seconded the motion which carried with the following vote:
AYES: Council members Sharpes Baldwin, Hoover, Aguilar and Lawler.
NAYS: None
#5 ORDINANCE: Mayor Sawyer introduced and read the caption on the
II I ordinance as follows:
ORDINANCE NO. 83-F-4
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXASs
PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS,
BE AMENDED BY REVISING SECTION 19-41 WHICH PROVIDES FOR DEPOSIT
TO ASSURE PAYMENT AND REPEALING ORDINANCES IN CONFLICT.
Mr. Baldwin moved to adopt this ordinance revising Section 19-41 of the
Code of Ordinances, which provides for deposit to assure payment. Mr. Aguilar
seconded the motion which carried with the following vote:
AYES: Councilmembers Sharpe, Baldwin, Hoover, Aguilar and Lawler.
NAYS: None
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#6 BID AWARD: The Mayor asked Mr. Gilmore to explain this item.
Mr. Gilmore said the outfront mower covered by these
bids is included in the Capitol Improvements Program in the amount of
$8500. Wemailedl'outbids specifications, with requests forbids, to
five companies but only received two bids. Goldthwaite"s of San Antonio
$8,398.00 and Watson Distributing Co., Inc. - $7,997.00. The Streets and
Parks Superintendent has recommended accepting the low bid as it meets
all specifications and will accomplish the requirements needed.
Mrs. Lawler moved to accept the bid of Watson Distributing Co., Inc. for
a Model DW220 Jacobsen, 1983 outfront mower, in the amount of $7,997.00.
Mr. Baldwin seconded the motion which carried as follows:
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AYES: Councilmembers Sharpe, Baldwin, Hoover, Aguilar and Lawler.
NAYS: None
#7 RESOLUTION: Mayor Sawyer introduced a resolution and read the
caption as follows:
RESOLUTION NO. 83-R-9
A RESOLUTION SELECTING FEDERAL AID URBAN SYSTEM PROJECTS AND
REQUESTING STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTA-
TION CONCURRENCE AND IMPLEMENTATION.
He then explained the priority project selected by Council as being
Live Oak Road from FM 3009, west, to Pecan Drive.
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Mrs. Lawler moved to accept this resolution selecting Federal Aid Urban
System Projects for Live Oak Road from FM 3009 west to Pecan Drive.
Mr. Aguilar seconded the motion which carried with the following vote:
AYES: Councilmembers Sharpe, Ba~dwin, Hoover, Aguilar and Lawler.
NAYS: None
#8 ORDINANCE: Mayor Sawyer introduced an ordinance and read the
caption as follows:
AN ORDINANCE
PROVIDING FOR THE EXTENSION OF THE BOUNDARY LINES OF THE
CITY OF SCHERTZ, TEXAS, BY THE ANNEXATION OF A TRACT OF
LAND CONTAINING 127.527 ACRES MORE OR LESS, OUT OF GUADALUPE
COUNTY.
Mr. Sharpe moved to approve the first reading of an ordinance extending the
boundary lines of the City of Schertz by annexing 127.527 acres out of
Guadalupe County. Mrs. Lawler seconded the motion which carried as follows:
AYES: Councilmembers Sharpe, Baldwin, Hoover, Aguilar and Lawler.
NAYS: None
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#9 ORDINANCE: The Mayor introduced and read the caption on the
ordinance as follows:
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AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ TEXAS, AMENDING
THE ZONING ORDINANCE NO. 79-S-15~ OF THE CITY OF SCHERTZ,
TEXAS~ BY REZONING A 1.031 ACRES PARCEL OF LAND FROM GB~
GENERAL BUSINESS, TO R-4 APARTMENT/MULTI-FAMILY DWELLING
DISTRICT; AND REFLECTING SUCH CHANGE ON CERTAIN ZONING MAPS
IN ACCORDANCE WITH THE SCHERTZ ZONING ORDINANCE NO. 79-S-15.
Mr. Sharpe moved that Council approve this ordinance on first reading for
rezoning a 1.031 acres parcel of land from GB to R-4. Mr. Hoover seconded
the motion.
Mrs. Lawler asked if Mr. Sharpe wanted to include the suggestion from P&Z
that if construction does not start with 120 days, the property will revert
back to general business.
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After some discussion on the length of time, Mr. Sharpe amended his motion
to: move that Council approve this ordinance on first reading for rezoning
a 1.031 acre parcel of land from GB to R-4 and that if cbnstruction does not
start with 180 days~ the property will revert back to general business district.
Mr. Hoover seconded the amended motion, which carried with the following vote:
AYES: Councilmembers Sharpe~ Baldwin, Hoover, Aguilar and Lawler.
NAYS: None
#10 BUSINESS CLUB CONTRACT: Mayor Sawyer explained this was a request
from the Business Club to renew their
4th of July Jubilee contract.
Mr. Sharpe moved the Council enter into an agreement with the Schertz
Business Club for the 4th of July Jubilee. Mrs. Lawler seconded the motion,
which carried with the following vote:
AYES: Councilmembers Sharpe~ Baldwin, Hoover, Aguilar and Lawler.
NAYS: None
#11 WATER LINE EXTENSION: The Mayor explained this item as being
an amendment to the budget to include
supplementary funds for construction of a water line on FM 1518 as discussed
at the last meeting.
Mr. Sharpe moved to amend the budget to include supplementary funds for
oversizing ! Ithe line from the requested 2" to 8" line on FM 1518. Mrs.
Lawler seconded the motion, which carried as follows:
AYES: Councilmembers Sharpe, Baldwin, Hoover, Aguilar and Lawler.
NAYS: None
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Mr. Sharpe said he felt this would be a good thing for the City and was
surprised there was not more(idifference between the 6" and 8" 1 ine. Mr.
Gilmore reminded Council that a portion of this cost would be recoupable.
Mr. Baldwin was pleased that this will :gov~ us a loop in that area.-
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#12 CURB-CUT: The Mayor explained that this is a request for a
variance for a 60 foot curb-cut on Main Street.
Mr. Gilmore said they could not come up with any other design than the
requested straight in parking. The Council would have to grant a
variance to allow for this. On Main Street we have several businesses
that have straight in parking. P&Z did consider this at quite some
length and did recommend approval. Mr. Gilmore went on to say that it
is a hazard but it is a new business area and he thought possibly it
may have a bearing on whether new businesses come in or not.
Mrs. Lawler said she went by the area and possibly had another solution
by using the same cut they have now but put a parking lot in the front
of the building whereby parking would face the street.
After further discussion, Mrs. Lawler moved to table this item until
Council could further discuss it at the next workshop. Mr. Hoover seconded
the motion.
Mr. Sharpe said Council had discussed it at the last workshop and he didn't
see any reason for not acting on the variance at this meeting.
The Mayor called for a vote on the motion before Council, with the following
results:
AYES: Council members Hoover and Lawler
NAYS: Councilmembers Sharpe, Baldwin and Aguilar
Mayor Sawyer advised the motion failed to pass.
Mr. Sharpe then moved that Council disapprove the variance request for
60r'foot curb-cut on Main Street. Mr. Baldwin seconded the motion, which
carried as follows:
AYES: Councilmembers Sharpe, Baldwin, Hoover, Aguilar and Lawler.
NAYS: None
#13 EXECUTIVE SESSION: Mayor Sawyer sai~ he had been asked to call
an executive session under Article 6252-17
Vernons Texas Civil Statutes, Section 2 (g) on personnel at 7:55 P.M.
The regular meeting was reconvened by the Mayor at 10:50 P.M., with Mayor
Sawyer explaining that certain policies have been passed on to the City
Manager.
#14 CITY MANAGER'S REPORT: Mr. Gilmore called attention to the
following items contained in Council
packets: (a) infonmation from AACOG on the Jobs Bill; (b) letter from
Grantsmanship Institute; (c) infonmation sheet from the Chamber of Commerce
regarding getting information out to the public; and (d) the May monthly
calendar.
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#15 ITEMS BY COUNCIL: Mr. Sharpe asked about the Schaefer Road Rural U~
Water Supply District needing information
from Schertz regarding the purchase of their system by May 11th. Mr.
Gilmore said that Mr. Anderlitch is pushing Richard Harris for the
information and that Richard has contacted HUD and is waiting their reply.
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#16 ITEMS BY MAYOR: Mr. Sawyer said he had talked to a school bus
driver who said he is concerned about the signs
along the railroad tract right-of-way. They are blocking his view, making
it difficult to see on-coming traffic.
He also mentioned the AID program for senior citizens and that he had repre-
sented City at the Baptist Church for Senior Citizens Day.
#17 ADJOURNMENT: On a motion by Mrs. Lawler, seconded and unanimously
carried, the meeting was adjour d at 10:55 P.M.
ATTEST:
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SPECIAL SESSION OF THE CITY COUNCIL
MAY 11, 1983
The Schertz City Council convened in Special Workshop Session, Wednesday,
May 11, 1983, at 7:00 P.M. in the Conference Room of the Municipal Complex,
1400 Live Oak Road, with the following members present: Mayor Earl W.
Sawyer, presiding; Charles B. Sharpe; Hal Baldwin; Ross Hoover; Adolph
Aguilar and Jacqueline Lawler. Staff were City Manager Jimmy G. Gilmore and
City Secretary June G. Krause.
#1 HEARING OF RESIDENTS: No one wished to be heard.
#2 WORKSHOP ITEMS:
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A. Discussion of Computer bids: Mr. Gilmore introduced Earl Hartzog
saying that he had worked long and
hard on getting together the specifications for a computer and meeting with
people in the field on the bids.
Mr. Hartzog explained that we advertised for bids on the 21st of April and
sent out specifications to 13 different companies who had evidenced interest
in submitting bids. May 5th at 10:00 AM the bid opening was held with only
four companies submitting bids. Bids were received from TSSI - $29,389;
S.A. Office Prods. Inc. - $30,933.66; Automated Business Centers, Inc,. -
$30,265; and Benchmark Computer System - $39,189. Information received from
TML suggested you have an Electronic Data Processing Plan, which was drawn
up in six phases. All of the bids received had deviations. Mr. Gilmore
said that only two of the bids would meet our needs on the deviations.