ccreg-11-02-1976
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REGULAR MEETING OF THE CITY COUNCIL
NOVEMBER 2, 1976
The Schertz City Council convened in Regular Session, Tuesday, November 2, 1976
at 7:02 P.M. in the Council Chambers, 401 Oak Street with the following members
present: Mayor Robert C. Bueker presiding; Mayor Pro-Tem Donald J. Seeba,
Richard L. Howe, Walter F. Schneider, Ed L. Sharpe. Absent: Gail Hyatt. Also
present City Manager Denny L. Arnold, City Secretary June G. Krause and City
Attorney Richard W. Harris.
#1 APPROVAL OF MINUTES: A. With reference to the minutes of the Regular
Meeting of October 19, 1976, Mr. Schneider
requested the name of the person making the motion on Item #15 be corrected to
read "Mr. Sharpe".
Mr. Seeba moved to accept the minutes of the Regular Meeting of October 19, 1976
as corrected. Mr. Schneider seconded the motion which carried with the follow-
ing vote:
AYES: Mr. Seeba, Mr. Howe, Mr. Schneider and Mr. Sharpe
NAYS: None
B. Mr. Schneider moved to accept the minutes of the Special Session of the City
Council of October 27, 1976 as presented. Mr. Seeba seconded the motion which
carried with the following vote:
AYES: Mr. Seeba, Mr. Howe and Mr. Schneider
NAYS: None
ABSTAINING: Mr. Sharpe who was not present at that meeting.
#2 HEARING OF RESIDENTS: Mr. Overstreet of Entex Inc. reserved time to
speak on item #6; and Mr. Anderson reserved time
for Item #10.
#3 PLANNING AND ZONING MINUTES: Mr. Howe moved to accept the minutes of the
Regular Planning & Zoning Commission of
October 27, 1976. Mr. Schneider seconded the motion which carried with the follow-
ing vote:
AYES: Mr. Seeba, Mr. Howe, Mr. Schneider and Mr. Sharpe.
NAYS: None
#4 CITIZENS ADVISORY COMMITTEE MINUTES: Mr. Sharpe moved to accept the min-
utes of the Regular meeting of
the Citizens Advisory Committee of October 21, 1976. Mr. Seeba seconded the
motion which carried with the following vote:
AYES: Mr. Seeba, Mr. Howe, Mr. Schneider and Mr. Sharpe.
NAYS: None
#5 PERSONNEL BOARD MINUTES: Mr. Seeba moved to accept the minutes of the
Personnel Board meeting of October 18, 1976
as presented. Mr. Schneider seconded the motion. There followed discussion
of the second item in these minutes. Mr. Schneider asked why this item, which
concerns the hiring of a Police Reserve Officer to fill a vacancy as patrolman
and the practicalities of the restrictions or guidelines regulating hiring
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procedures for the city, was placed on the Personnel Board agenda. Mr.
Arnold said he wanted the procedures clarified and to get the Board's
recommendations.
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After further discussion, Mayor Bueker asked if the Council wanted to
accept the recommendations of the Personnel Board or if the Council feel
this needs further discussion at a future meeting. Mr. Schneider asked
this item be placed on the agenda of the next regular meeting of the Council
on November 23, 1976.
The Mayor then called for a vote on the motion to accept the minutes of the
Personnel Board meeting of October 18, 1976, which motion carried with the
following vote:
AYES: Mr. Seeba, Mr. Howe, Mr. Schneider and Mr. Sharpe.
NAYS: None
#6 ENTEX RATE REQUEST: Mr. Harry Overstreet, District Manager for Entex,
explained how the administrative and general ex-
penses were broken down. As requested by the Council, he also explained the
percentage of operating expenses which are assessed against Schertz as being
1.23% of the South Texas division. Further discussion followed, after which
Mr. Seeba moved to authorize a rate increase to Entex at the following rate
for residential: $2.75 minimum to 400 cubic feet; $.1167 for the next 2500
cubic feet; $.0817 for the next 7000 cubic feet; and $.0667 for all additional
cubic feet. Mr. Howe seconded the motion.
After further discussion, Mr. Seeba requested to amend his motion to include I
commercial rates as follows: $5.30 minimum to 400 cubic feet; $.1835 for the
next 6600 cubi c feet; $. 1167 for the next 8000 cubi c feet; $.0817 for the next L~
15000 cubic feet; and $.0667 for all additional cubic feet. Mr. Howe seconded
the amended motion accordingly, which carried with the following vote:
AYES: Mr. Seeba, Mr. Howe, Mr. Schneider and Mr. Sharpe.
NAYS: None
Mayor Bueker requested, with the Council permission, to move to item #10
at this time as representatlves of Schaefer Road Rural Water Supply District
were waiting to discuss their contract with the Council.
#10 WATER CONTRACTS: Mr. Anderson, representing Schaefer Road addressed
the Council concerning the status of the water con-
tract negotiations. His Board had suggested a bi-annual contract at 53~ per
thousand for the first two years with a rate review at the end of the two-year
period.
Mr. Harris, City Attorney, said he felt HUD would not approve changing the base
contract; however, he suggested setting a base rate for the five-year period
to be reviewed each year. This would not modify the original contract but
would merely set a base rate for the five-year period as called for.
Further discussion followed in which Mayor Bueker said he would prefer making
the base rate 53.18~ per thousand gallons because of larger users outside r
the city. He also said Council should consider refunding to Schaefer Road l~
the difference in the 60~ being charged and the new base rate since August
9, 1976.
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Mr. Howe moved that the base rate for the next five-year period for Schaefer
Road Rural Water Supply District will be 53.18~ per thousand gallons to be
adjusted annually for the five-year period. Mr. Seeba seconded the motion which
carried with the following vote:
AYES: Mr. Seeba, Mr. Howe, Mr. Schneider and Mr. Sharpe
NAYS: None
Council then discussed in depth the water contract with the City of Cibolo.
Mr. Harris said he had been contacted by Cibolo's attorney, who presented the
three elements as discussed at the last Council meeting; i.e. termination of
the contract, agree on an interim rate, agree on time to mutually recind the
existing contract and Cibo10 paying for the existing line from Lone Oak entrance
to Dietz Creek.
Mr. Seeba said he would like to give Cibolo one last chance by offering them
the same contract given Schaefer Road.
Mr. Sharpe moved that the City Attorney be directed to proceed with efforts to
terminate the existing water sales contract with the City of Cibo10, such ter-
mination to be contingent upon the following: (l) that an interim rate of sales
of 60~ per one thousand gallons be established; (2) that a date of termination
be established; (3) that a depreciated cost balance for that portion of the water
main to Cibolo, specifically between Cloverleaf Drive and the Dietz Creek, be
established with Cibo10 agreeing to reimburse the City for that line; (4) that
if the period of termination be further into the future than one year then an
escalation (inflation) clause, such as contained in the new Schaefer Road con-
tract, be included in a termination agreement; (5) that a clause be included in
a termination agreement that would allow an escalation of the rate if any outside
influences would impose any additional costs on the City of Schertz such as a
fee and payment in lieu of taxes on our sounce of water. Mr. Howe seconded the
motion.
After further discussion, Mr. Sharpe amended his motion to include the following:
IIthat the City of Schertz reserves the right to sell water to Dobie Middle School
for a period of time so designated by the City Engineer, that would allow the
City of Schertz to recoup its capital investment of its water main to the Dobie
Middle School." Mr. Howe seconded the amendment to the motion.
The Mayor then called for a vote on the above motion, which carried with the
following vote:
AYES: Mr. Seeba, Mr. Howe, Mr. Schneider, and Mr. Sharpe
NAYS: None
At this time, the Council returned to the regular order of the agenda.
#7 ARCHITECT: Appointment of an architect to design a Community Acitvity
Center.
#8 RESOLUTION: Authorizing the purchase of land for construction of a
Community Activity Center.
#9 MUNICIPAL COMPLEX: Consideration of status action of proposed Municipal
Complex.
These three items were again discussed and considered in a related manner.
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Mr. Arnold presented a counter offer, for the 5 acre tract on Live Oak Road,
from the Good Shepherd Church in the amount of $45,000. Mayor Bueker ex-
plained that this is not a legalling binding offer until it is signed by the
Archbishop but the church will not proceed to him until they have a firm
commitment from the City of Schertz.
#8 Mr. Seeba moved to accept the counter offer from the Good Shepherd
Catholic Church in the amount of $45,000 for the full five-acre tract on
Live Oak Road adjacent to the church building. Mr. Sharpe seconded the
motion which carried with the following vote:
AYES: Mr. Seeba, Mr. Howe, Mr. Schneider and Mr. Sharpe
NAYS: None
Concerning the appointment of an architect for the Community Activity Center,
Mr. Arnold explained that Mr. Farr had interviewed five architects before the
possibility of placing both the Activity Center and Municipal Complex on the
same piece of property came about. Although he had selected another architect,
Mr. Farr agreed to appointing Hesson and May Associates as architects for both
projects.
Mr. Hesson then presented proposed plans for the Municipal Complex for Council
consideration. He explained having had 6 to 8 meetings with City staff before
coming up with the design presented, and that it is still subject to change or
adjustment if necessary. After reviewing the plans, it was Council consensus
to preceed with the plans, asking Hesson and May to send the City a letter of
agreement on the Community Activity Center plans.
#11 SWIMMING POOL RATES: Mr. Arnold asked the Council to consider rates
only at this time to allow staff more time to
work out the details of a thorough pool policy ordinance which would include
such things as hours of operation, contractual agreements and formal rate
adoption. He presented suggested rates for daily gate rates as well as two
methods of handling season passes. Mr. Graham, Parks Superintendent, had
contacted five other minicipal pool operations for comparisons.
After careful consideration and deliberation, it was Council concensus to set
the daily gate rate at 75~ for all ages; season pass rates as follows: number
of swimmers in family: 1 - $15.00; 2 - $25.00; 3 - $35.00; 4 - $45.00 and 5 -
$55.00. They also agreed that after July 15th, passes would be half price
on all except individual passes.
#12 PAYMENT AUTHORIZATION: There was no payment request from R & R Con-
struction Company at this time.
#13 NEWSLETTER REVIEW: Council reviewed the proposed newsletter for the
month of October, requesting the following items
be added: Swimming Pool Rates; tour your city projects; and gas line work in
South Schertz Project.
Mayor Bueker recessed the Regular Meeting of the City Council at
11:15 P.M. and called an Executive Session under Article 6252-17
Vernons's Texas Civil Statutes, Section 2 (e) as amended.
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The Regular Meeting of the City Council was reconvened by Mayor Bueker at-
11 :45 P.M.
#14 GENERAL DISCUSSION: There were no discussion items at this time.
#15 ADJOURNMENT: Mr. Sharpe moved the meeting be adjourned at 11 :45 PM
which motion was duly seconded and unanimously carried.
~~{3Zu~/
Mayor, City of Schertz, Texas
ATTEST:
Q;:AA .._~~ . Is.t-r~n
~~etary, City of Schertz
REGULAR MEETING OF THE CITY COUNCIL
NOVEMBER 23, 1976
The Schertz City Council convened in Regular Session Tuesday, November 23,1976
at 7:00 P.M. in the Council Chambers, 401 Oak Street with the following members
present: Mayor Robert C. Bueker, presiding; Mayor Pro Tem Donald J. Seeba,
Richard L. Howe, Walter F. Schneider, Ed L. Sharpe and Gail Hyatt. Also City
Manager Denny L. Arnold and City Secretary June G. Krause.
#1 APPROVAL OF MINUTES: Mr. Schneider moved to accept the minutes of the
Regular Meeting of November 2, 1976 as presented.
Mr. Howe seconded the motion which carried with the following vote:
AYES: Mr. Howe, Mr. Schneider, Mr. Seeba, and Mr. Sharpe
NAYS: None
ABSTAINING: Mrs. Hyatt
#2 HEARING OF RESIDENTS: Mr. Overstreet requested time on item #6.
Mr. Willman, on non-agenda items, asked what if
any plans have been made to give the swine flu shots within the City. Mr. Baldwin
explained that the original plans had fallen through and he has heard nothing from
the County Health Department since. Mayor Bueker requested staff to contact them
again to give the shots here.
#3 PLANNING & ZONING MINUTES: Mr. Seeba moved to accept the minutes of the
Regular Meeting of the Planning & Zoning
Commission of November 10, 1976. Mr. Schneider seconded the motion which carried
with the following vote:
AYES: Mr. Howe, Mr. Schneider, Mr. Seeba, Mr. Sharpe and Mrs. Hyatt.
NAYS: None