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ccreg-12-20-1977 92 REGULAR MEETING OF THE CITY COUNCIL DECEMBER 20, 1977 The Schertz City Council convened in Regular Session, Tuesday, December 20, 1977 at 7:02 P.M. in the Council Chambers, 1400 Live Oak Road with the following members present: Mayor Robert C. Bueker, presiding; Richard L. Howe, Merwin G. Willman, Wlater F. Schneider, Earl W. Sawyer and Earl Johnson. Also present were: City Manager Denny L. Arnold, Asst. City Manager Hal Bald- win, City Secretary June G. Krause and City Engineer Howard W. Gaddis. #1 APPROVAL OF MINUTES: A. Mr. Howe moved to approve the minutes of the Public Hearing on Annexation of Decem- ber 6, 1977 as presented. Mr. Schneider seconded the motion which carried with the following vote: AYES: Mr. Howe, Mr. Willman, Mr. Schneider, Mr. Sawyer and Mr. Johnson. NAYS: None B. Mr. Howe moved to approve the minutes of the Public Hearing on Community Development of December 6, 1977 as presented. Mr. Sawyer seconded the motion which carried with the following vote: AYES: Mr. Howe, Mr. Willman, Mr. Schneider, Mr. Sawyer and Mr. Johnson. NAYS: None C. Concerning the regular meeting, of December 6, 1977, Mr. Willman requested the following be included in item #6: liThe Council would be obligated only for the use of the building, operation and maintenance and utility costs for the building". Mr. Howe moved to approve the minutes of the Regular Session of the City Council of December 6, 1977 as amended. Mr. Sawyer seconded the motion which carried with the following vote: AYES: Mr. Howe, Mr. Willman, Mr. Schneider, Mr. Sawyer and Mr. Johnson. NAYS: None D. Mr. Schneider moved to approve the minutes of the Special Meeting of December 9, 1977 as presented. Mr. Willman seconded the motion which carried with the following vote: AYES: Mr. Howe, Mr. Willman, Mr. Schneider, Mr. Sawyer and Mr. Johnson. NAYS: None #2 HEARING OF RESIDENTS: There were no citizens wishing to be heard on agenda or non-agenda items. #3 P&Z MINUTES: Mr. Sawyer moved to accept the minutes of the Planning and Zoning Commission meeting of November 30, 1977. Mr. Johnson seconded the motion which carried with the following vote: AYES: NAYS: Mr. Howe, Mr. Willman, Mr. Schneider, Mr. Sawyer and Mr. Johnson None 93 ~ :\! ...... ~~ ...., :.I..J #4 COMMUNITY DEVELOPMENT PRIORITIES: Council discussed with Mr. Farr priorities for Project Year Four, (1978) Community Development application, such as fire equipment, drainage, street seal coating etc. Mayor Bueker asked Mr. Farr to bring to Council an uncommitted fund sheet to help in prioritizing. Several drainage problems were discussed including the flooding of Mr. Cyr's property on Dartmoor in Lone Oak. Mayor Bueker suggested that perhaps drainage be placed at least number 2 on the next yearls priorities. Mr. Farr suggested that since two projects have not been started for this year, perhaps some of the drainage could be added to the 1977 budget. Mr. Gaddis was aksed to bring back to the Council his evalua- tion of refinishing Aviation and Mitchell Avenue after the water services have been completed. After further discussion, Mr. Schneider moved to postpone this item until the next regular meeting of the Council. Mr. Sawyer seconded the motion which carried with the following vote: AYES: Mr. Howe, Mr. Willman, Mr. Schneider, Mr. Sawyer and Mr. Johnson. NAYS: None #5 LIBRARY BRIEFING: Mr. Arnold explained that perhpas briefing was not the correct wording as members of the Library Com- mitte were present to answer any questions and not necessarily brief the Council. The Commitee would like to have Council consideration of establishing the Library Board prior to the end of January to allow them to apply for non-member status in District 10. Council discussed a preliminary ordinance draft to this effect. Mayor Bueker said he would like to see a member of the Council as an Ex Officio member of this Board. Mr. Sawyer offered to serve in this capacity. Mr. Schneider questioned if ordinances such as this had been adopted for the SAFES organization and Mr. Arnold told him the had not since SAFES was in being long before they became a department of the City. Mr. Schneider said he felt the Library, SAFES and Fire Departments should all be the same and have ordinances regulating all three. Mr. Willman asked if Sections IV and VI of the draft ordinance,concerning funding for a paid librarian and for the operation of the department,was intended to bind the Council to appropriate funds for this department in the next fiscal year. Mr. Arnold explained that it was in the ordinance just to show, if and when a future Council felt it necessary to fund this department, where the funds would come from. Mrs. Tienor asked if the Library Committee could now say they had the backing of the City in order to commence proceedings for non-member status. Mr. Howe moved that Council endorse a Library Board being organized and will pass an ordinance setting up the Board to include names of the Board Members and the ex officio member. Mr. Sawyer seconded the motion which carried with the following vote: AYES: Mr. Howe, Mr. Willman, Mr. Schneider, Mr. Sawyer and Mr. Johnson NAYS: None '94 #6 PAYMENT ESTIMATE: Mr. Arnold explained that Mr. New was present to answer questions concerning the final pay- ment estimate and acceptance of project on the Southside. The Mayor said the only question he Had was the problem of the uncovered extension at the Cibolo Creek terminal point of FM 78 storm sewer (behind Dr. Mays Apartments). He asked the City Engineer's opinion as to what consittutes proper action in resolving that problem, prior to final accept- ance. Mr. Gaddis said they were aware of the problem and it would be taken care of and should present no problem. He said that after putting it in, we had a terrific rain that cut out underneath the pipe. When asked how long it would take to do this work, Mr. New said that it would probably take a couple of months to bet his men back out here and fix it. Mr. Schneider moved to delay payment on this until this problem is corrected. Mr. Sawyer seconded the motion. Mr. Gaddis asked Mr. New if he would be willing to leave his retainage in escrow until this can be corrected. Mr. New said yes that he would if this is the only way his contractor could get paid; but he did not feel that this problem should have anything to do with the closing of the contract as it was originally built to specifications and the wash out was not his fault. He just did not think he should be held responsible. Mr. Arnold agreed that the work was done according to contract. Mr. Gaddis said the reason it was carried out that far was that Dr. Mays wanted a road to run down by his building. Mr. Gaddis also said that Mr. New did this work the way he was instructed to do it and that if an error was made, it was his not Mr. New's. Mr. Schneider asked Mr. Gaddis if he was saying that he was willing to foot the bill on this and Mr. Gaddis said yes. After further discussion, Mr. Schneider withdrew his motion and Mr. Sawyer withdrew his second. Mr. Schneider then moved to go ahead and pay the contractor, New Paving Company, the final payment in the amount of $4,564.75 and that Mr. Gaddis, City Engineer, pay for the correction of the drainage pipe as he agreed. Mr. Sawyer seconded the motion which carried with the following vote: AYES: Mr. Howe, Mr. Willman, Mr. Schneider, Mr. Sawyer and Mr. Johnson. NAYS: None #7 DOBIE MIDDLE SCHOOL ROAD: The Mayor explained that the previous action on this item was to set a period of time to have the engineers meet, if possible, and if there was no meeting or no commitment made by the parties concerned, that Council give consideration to the second scheduled regular meeting in January as a deadline date for City participation in this program as contained in our letter. Mr. Arnold said he had been contacted and suggested a mass meeting of all concerned to discuss this subject, as there are a lot of things to be consid- ered along with the bridge. Mr. Gaddis said he felt Mr. Von Scheele's en- gineer would be willing to a meeting of this nature. 95 After further discussion, Mr. Howe moved to have a meeting with everyone possible there, including the School Board. Mr. Schneider seconded the motion which carried with the following vote: AYES: Mr. Howe, Mr. Willman, Mr. Schneider, Mr. Sawyer and Mr. Johnson NAYS: None Mr. Willman moved to withdraw from this agreement by the second meeting in January if a definite conclusion is not met at the above proposed meeting. Mr. Schneider seconded the motion which carried with the following vote: ::\l AYES: Mr. Howe, Mr. Willman, Mr. Schneider, Mr. Sawyer and Mr. Johnson NAYS: None ""!"" -- . ... --) .,. ~""l. .........1 , ~, --- #8 DRAINAGE/SIDEWALK CONTRACT: Mr. Arnold briefed the Council, saying that Mr. Mayfield came back on the job and that he had asked Mr. Farr to monitor the crews to be sure that they stay on the job. Mr. Gaddis also briefed them on his resetting stakes, and re- marking forms etc. Council also discussed having a penalty clause in future contracts of this type. #9 ORDINANCE: Mayor Bueker introduced the following captioned ordinance which has been read and considered at the last regular meeting of the City Council on the 6th day of December 1977. It was deter- mined that the City Secretary had caused a short synopsis of said proposed ordinance to be published in the official City newspaper after its considera- tion at the last meeting and prior to this meeting. Whereupon said ordinance was discussed and further considered by the Council. Thereupon it was moved by Mr. Howe and seconded by Mr. Schneider that said ordinance be finally passed and adopted. The Mayor put the motion to a vote of the members of the Council and the ordinance was finally passed and adopted by the following vote: AYES: Mr. Howe, Mr. Willman, Mr. Schneider, Mr. Sawyer and Mr. Johnson NAYS: None ORDINANCE ~O. 77-A-17 AN ORDINANCE PROVIDING FOR THE EXTENSION OF THE BOUNDARY LINES OF THE CITY OF SCHERTZ, TEXAS BY THE ANNEXATION OF THREE CERTAIN TRACTS OR PARCELS OF LAND CONTAINING 144.0 ACRES, 31.34 ACRES AND 73.09 ACRES RESPECTIVELY OUT OF COMAL AND GUADALUPE COUNTIES. #10 RESOLUTION: Mayor Bueker explained to the audience that this item was deleted from the agenda as the holiday policy for the city had previously been approved. #11 PURCHASE APPROVAL: Mayor Bueker introduced the subject of consider- ation of approving the purchase of a dump bed for the new pickup truck for the street department. 96 . Mr. Arnold explained this was the same btd requested at the time bids were taken on the tnuck, but the price increase on the vehicle had ex- ceeded the pic~up budget price. However, the other capital outlay items in this department will be lower than budgeted, therefore this item would be very little more than the budgeted amount for capital outlay. Council discussed the merits of the need for this item, the additional weight it would add to the truck and all aspects of purchasing this item. Mr. Howe then moved to delay action on this item until the next regular meeting of the Council in order to gather more information. Mr. Schneider seconded the motion which carried with the following vote: AYES: Mr. Howe, Mr. Willman, Mr. Schneider and Mr. Johnson NAYS: None ABSTAINING: Mr. Sawyer as he was temporarily from the room. #12 STREET SIGNS: Mr. Arnold referred to his memo to the Council of December 16, 1977, in which he gave a price quote for eight signs indicating the directions of the Municipal Complex. Council discussed the need and specifications of such signs and the fact that they could be purchased through Revenue Sharing Funds. Mr. Johnson moved to order the wood signs, the cost being $60.00 each with the money coming from Revenue Sharing Funds. Mr. Howe seconded the motion which carried with the following vote: AYES: Mr. Howe, Mr. Willman, Mr. Schneider, Mr. Sawyer and Mr. Johnson NAYS: None #13 MUNICIPAL COMPLEX PROJECT: Mr. Arnold briefed the Council on the status of the EDA grant monies expend- ed for the Munciipal Complex and the money left unexpended. He recommended the Council consider one final expenditure, that being radio communication equipment. He went on to say that of the $5,000 obligated for landscaping, we would probably wind up spending only $3,000 by doing the work ourselves. So using this $2,000 plus the balance of funds, the present antenna could be raised and a repeater for our radio equipment could be purchased. Until the final audit of the funds, we will Dot know for sure what items are eligible or inegible. There is the possibility of the telephone installation not be an eligible item, which would give approximately $10,000 expended from City funds. Mayor Bueker suggested that Council should, within the next fes sessions, make the determination what they feel they may want in the way of capitol expenditures or actual need within the Complex. Mayor Bueker said he felt there was enough interest from Council to bring this back to the next meeting. #14 COUNCIL APPOINTMENT: Mayor Bueker said he had requested this item be on the agenda because not only is there capacity of Acting City Manager when MR. charter requirement. Mr. Bueker also said a need of having someone in the Arnold departs but it is also a 97, that Mr. Hal Baldwin should be appointed Acting City Manager and that during the period of time he is fulfilling the position of City Manager, he should be compensated in like manner rather than under his present salary. Mr. Howe moved to appoint Mr. Hal Baldwin Acting City Manager until the City Manager position is filled by Council. Mr. Sawyer seconded the motion which carried with the following vote: AYES: Mr. Howe, Mr. Willman, Mr. Schneider, Mr.Sawyer and Mr. Johnson. NAYS: None ~ :\} ..... ~loo ~ .~ --' C-1J #15 GENERAL DISCUSSION: Mayor Bueker briefed the Council on a meeting he had with Mrs. Powers, who had an article in the local newspapers on a youth program, and he had asked her to bring their proposal in writing to the Council as to what they feel the problem is and the solution recommendation. He also asked that they pursue the on-going youth programs in the City at the present time. They said they will bring recommendations to Council at the next regular meeting. Mayor Bueker also briefed the Council on the latest meeting of the Capital Improvements Committee, which had met this same date and appointed Mr. Duseck Chairman. The Mayor said he had had two meetings ~ith an engineer and it was unanimous with the committee that they desired to have the engineer on a consulting basis. Mayor Bueker asked if Council would agree with the need of a consulting engineer and allocate funds that can be expended for this purpose. He said the engineer's fee would be $35.00 per hour, but he suggested allocating only about $500 at first to see how the funds are needed. Mr. Arnold said the funds could come from Water and Sewer Capital Reserve Funds. Council was in agreement with this recommendation from the Mayor. 2. Mr. Willman referred to two subdivisions referenced in the P&Z minutes and asked just where these subdivisions were located. Mr. Jacobson, City Inspector, explained that the Maxwell one is merely the dividing of two lots on Exchange Avenue and the Garza one is in the City ETJ. Mr. Willman also asked the plans for up dating the City Codes. said that the ordinances had been sent in for codification but along time to fi ni sh. He recommended sendi ng them ;,n YllO more year and perhaps every two years for economic reasons. Mr. Arnold it takes quite than once a 3. Mr. Schneider said that he had been contacted by Mr. Albright of GVEC who said that some lights in the ballpark are loose and should be corrected. Mr. Schneider also asked for an up dated list of City employees, Commissions, Boards and Committees. 4. Mr. Gaddis said he would like to bring up that he had talked with Fred Rowell concerning the lift station to be abandoned on Aero and Mr. Rowell would like to do the work during the school holidays. Mayor Bueker said that the City Manager should check the original motion and if it reads that the work should be done not to exceed $3,000, then proceed. ~98 5. Mr. Arnold said he had been asked by Mr. Schneider about the monthly budget report. He said he was aware that is was behind schedule but there were a lot of number changes to be made and the employees were working on it and should have it completed within a day or two. At this point, Mayor Bueker recessed the Regular Meeting of the City Council and called an Executive Session under Article 6252-17 VTCS, Section 2 (g) as amended at 9:30 P.M. The Regular Session was reconvened at 10:10 P.M. and immediately upon a motion duly made and seconded and unanimously carried the meeting was adjourned. ATTEST: ~~-/ Mayor, City of Schertz, Texas ~lr. J.-:' - Aj. C~ secretarY,~hertz PUBLIC HEARING The Schertz City Council held a Public Hearing Tuesday, January 3, 1978, at 7:00 P.M. in the Council Chambers, 1400 Live Oak Road with the follow- ing members present: Mayor Robert C. Bueker, presiding; Richard L. Howe; Merwin G. Willman; Walter F. Schneider; Earl W. Sawyer and Earl Johnson. Also present were Acting City Manager Hal Baldwin, City Secretary June G. Krause. Mayor Bueker explained the purpose of the Public Hearing was to obtain input pertaining to City problems for the formulation of the 1978 Community Development application. Council discussed the priorities presented by the Community Development Coordinator, Darrell Farr, from prior years and previous meetings and Public Hearings. These items were: (1) auxillary fire equipment; (2) toddler parks in low and moderate income areas; (3) traffic channelization markers on all streets in designated low and moderate income areas, (4) water and sewer program - develop a Municipal water and water pollution control program; and (5) code enforcement program. Mr. Schneider suggested, and Council agreed, adding to complete drainage problems and place in priority #2 position. "