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ccreg-05-03-1977 1 REGULAR MEETING OF THE CITY COUNCIL MAY 3, 1977 The Schertz City Council convened in Regular Session, Tuesday, May 3, 1977 at 7:04 P.M. in the Council Chambers, 401 Oak Street, with the following members present: Mayor Robert C. Bueker, presiding; Richard L. Howe, Donald J. Seeba, Walter F. Schneider, Earl W. Sawyer and Earl Johnson. Also present City Manager Denny L. Arnold, City Secretary June G. Krause, City Attorney Richard W. Harris and City Engineer Howard W. Gaddis. #1 APPROVAL OF MINUTES: Mr. Schneider moved to approve the minutes of ~ the Regular meeting of April 19, 1977 ~s ~ presented. Mr. Seeba seconded the motion which carried by the followlng vote: I'"""'" ~ AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sawyer and Mr. Johnson. ~ NAYS: None :lJ #2 HEARING OF RESIDENTS: There were no residents wishing to be heard. #3 P&Z MINUTES: The minutes of the P&Z meeting of April 27, 1977 were not submitted for approval. #4 PERSONNEL APPOINTMENT: Mr. Sawyer moved to appoint Mr. Sam Gross as Municipal Court Judge. Mr. Seeba seconded the motion which carried by the following vote: AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sawyer and Mr. Johnson. NAYS: None #5 ENTEX: Mr. Arnold explained that Mr. Overstreet from Entex had not contacted city staff on this subject. #6 CCMA: Mr. David Dennis briefed the Council on Task 262, explaining basically what the Task 262 is all about. #7 AUDIT PRESENTATION: Mr. Bill Hav~~~ of Harris, Hav~ns and Company, thoroughly explained the audit for fiscal year 1975-76; stating in their opinion the financial statements listed present fairly the financial position of the various funds and balanced account groups for the City of Schertz. There was discussion of setting aside a certain percentage of employee leave money in the next year's budget. Also disaussed was the value of doing an audit on the Community Development Fund for the project year, since this is the way HUD requests it be done. p,'-t\>\'\ Mr. Johnson moved to approve the budget as presented. Mr. Schneider seconded the motion which carried with the following vote: AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sawyer and Mr. Johnson. NAYS: None 2 #8 PAYMENT AUTHORIZATION: Mr. Howe moved to authorize payment of $7,600 for audit fees to Harris, Havens and Company. Mr. Sawyer seconded the motion which carried with the following vote: AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sawyer and Mr. Johnson. NAYS: None #9 ORDINANCE: The Mayor introduced the hereinafter set forth ordinance, which has been read and considered at the last regular meeting of the City Council on the l~h day of April, 1977. It was determined that the City Secretary had caused a short synopsis of said proposed ordinance to be published in the official newspaper after its consideration at the last regular meeting of the City Council and prior to this meeting. Whereupon said ordinance was discussed and further considered by the Council. Thereupon it was moved Mr. Seeba and seconded by Mr. Howe that said ordinance be finally passed and adopted. The Mayor put the motion to a vote of the mem- bers of the City Council and the ordinance was finally passed and adopted by the following vote: AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sawyer and Mr. Johnson. NAYS: None ORDINANCE NO. 77-A-5 AN ORDINANCE SETTING A TIME, DATE AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED ANNEXATION OF ONE CERTAIN TRACT OF LAND CONTAINING 31.42 ACRES OUT OF COMAL COUNTY BY THE CITY OF SCHERTZ, TEXAS AND AUTHORIZING AND DIRECTING THE CITY SECRETARY TO PUBLISH NOTICE OF SUCH PUBLIC HEARING ---' #10 ORDINANCE: The Mayor introduced the hereinafter set forth ordinance which was read in full by the City Manager. After dis- __ cussion by the Council paragraph I was changed to read as follows: - "Tllat all : theaters within the city limits of the CftY-of schertz showing motion pictures shall be required to display on the marquee of such theaters (or to otherwise prominently disjJla,}' on the prer.;ises at a location that can be readily observed p-rior to en~ryl the ratinQ bv th~ Motion Picture Association of America". Mr. SGhneider moved to pass the resolution as amended. Mr. Seeba seconded the motion which carried with the following vote: AYES: Mr. Howe, Mr. Seeba, Mr. Schnefder, Mr. Sawyer and Mr. Johnson N~NSbRD~~NCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, REQUIRING THEATERS TO DISPLAY THE RATING OF FILMS; FIXING A PUNISHMENT FOR VIOLATION OF THIS ORDINANCE; PROVIDING FOR PUBLICATION OF THIS ORDINANCE; AND CONTAINING OTHER MATTERS RELEVANT TO THE SUBJECT AND PURPOSES THEREOF . Whereupon Mr. Schneider moved that said ordinance be further considered at the next regular meeting of the City Council to be held on the 17th day of May, 1977, which motion was seconded by Mr. Howe and which carried by the 3 following vote: ~ :\} .,..... r~ ~ u.J AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sawyer and Mr. Johnson. NAYS: None #11 RESOLUTION: The Mayor introduced the following caption resolution which was read in full by the City Manager. The resolution was then discussed and considered by the City Council. Mr. Johnson moved to pass the resolution with Mr. Seeba seconding the motion which carried with the following vote: AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sawyer and Mr. Johnson. NAYS: None RESOLUTION NO. 77-R-6 A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR ASSISTANCE UNDER DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT "701" LOCAL PLANNING AND MANAGEMENT PROGRAM. #12 RESOLUTION: The Mayor introduced the following captioned resolution which was read in full by the City Manager. After discussion by the Council Mr. S~hDeider mQveQ_to-pass the resolution and Mr. Seeba seconded the motion whi_~h carried 'with the_foUowi@_yote: ________ AYES:' Mr. Howe, -Mr. SeeDa, Mr~ SChrleider'uMr._Sawier- and Mr. Johnson. NAVS-: l'lorfe - ----. -- - -' - RESOLUTION NO. 77-R-7 A Rt$OLUTION REFUSING TO ACCEPT AN AUTO~~TIC RATE ADJUSTMENT FROM GUADALUPE VALLEY ELECTRIC COOPERATIVE AND REQUIRINT JlGUADAL~PE~ALLEY ELECTRIC COOPERATIVE REPRESENTATIVE TO SHOW PROOF Tn THE CITY FOR THE NEED OF SUCH AN INCREASE. #13 LEGAL DISCUSSION: Mayor Bueker recessed the Regular Meeting of the City Council at 9:08 P.M. and called an Executive Session under Article 5262-17, Section 2 (e) Vernons Texas Civil Statutes as amended. THE REGULAR SESSION OF THE CITY COUNCIL WAS RECONVENED AT 10:21 P.M. #14 ENGINEER BRIEFING: City Engineer Howard Gaddis discussed with the Council the necessity of locating, purchasing and drilling a new well before costs escalate any further and before it becomes legally difficult to drill in the Edwards Acquifer. He suggested an ideal site would be on the hill by Bishops Corner. We would have to have at least a 150 foot radius around the well. The City could get an option to buy and drill a test well, if it doesn"t produce, the City would only have to compen- sate the owner. Council discussed asking someone such as Malford Ackermann or a Council member to contact residents in the area who might have a good Edwards well. 4 Mr. Gaddis also brought up again the possible use of the Universal City wells. They are real good wells but have only an 8" line to Schertz. He suggested building a ground storage tank on this side of the Cibolo Creek and pump water to an elevated tank. B. Mr. Gaddis gave cost estimates on the paving of Live Oak Road in front of the New Municipal Building, Pfeil Street, Ira Street and the parking lot at the swimming pool. Pfeil Street - approximately 800 feet with curb about $16,800 approximately 800 feet without curb about $5,480 Ira Street - approximately 600 feet, with curb about $12,600 without curb about $7,200 Live Oak Road - 350 feet - same width with same curb and gutter - $11,900 Swimming Pool Parking Lot - Mr. Gaddis and Staff suggested making a turn around and go behind the pavilion for an entrance and exit which would allow for more parking - approximately $12,500 The majority of the Council agreed to pave Pfeil Street with curb for $16,800, Live Oak Road as stated for $11,900 and the parking lot for $12,500 with $6,000 matching funds from the Parks and Wildlife Department, and using the $8,000 unspent street bond monies. C. On the subject of the Dobie Middle School Road, the County Commissioner says the money is available to build the road, but the main problem and great expense would be the drainage under Dietz Creek. Council agreed the School District should be involved also in this project and agreed to go to the next School Board MeetinQ on May 19. of Live Oak Road, under Item #14 B. ing vote: #15 SOUTH SIDE PROJECT: Mr. Schneider moved to approve Change Order #1 to the South Side Project to include pavement Pfeil Street and the Swimming Pool Parkin~ lot as discussed Mr. Howe seconded the motion which carried with the follow- AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sawyer and Mr. Johnson. NAYS: None #16 FM 78 AND FM 1518: Mayor Bueker said the next thing to do on this subject was to pass a resolution. Mr. Arnold read the resolution. Mr. Seeba moved to pass the resolution. Mr. Johnson seconded the motion which carried with the following vote: AYES: Mr. Howe, Mr. Seeba, Mr. Schneiper, Mr. Sawyer and Mr. Johnson. NAYS: None RESOLUTION NO. 77-R-8 A RESOLUTION DECLARING THE NEED TO H1PROVE FM 78; REQUESTING THE ASSISTANCE OF THE GUADALUPE COUNTY COMMISSIONERS COURT; THE BEXAR COUNTY COMMISSIONERS COURT AND ASKING THE TEXAS DEPARTMENT OF HIGH- WAYS AND PUBLIC TRANSPORTATION TO COMMENCE RIGHT OF WAY ACQUISITION FOR A PROPOSED FM 78 BY PASS. 5 #17 COMMUNITY DEVELOPMENT: Mr. Gaddis explained the projects as being the sidewalks and five small drainage problems. He suggested going out for bids now on the sidewalks and wait until the thrid year project for the drainage problems when they could"be included with the seal-coating of streets. :JJ ~ ,.....; .~ ~ :..J After discussion by the Council, Mr. Howe moved to go out for bids on all, including the sidewalks, drainage and seal coating at one time. Mr. Schneider seconded the motion which carried with the following vote: AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sawyer and Mr. Johnson. NAYS: None #18 EMERGENCY POWER SOURCE: The Utility Superintendent had presented a memo showing an approximate cost of $31,650.00 just for the generator. Mayor Bueker said he would bring it up at the Community Council to see if the City could borrow one from Randolph if an emergency occurred. It was Council concensus to forget about this item at the present time. #19 PAYMENT AUTHORIZATION: Mr. Seeba moved to authorize payment in the amount of $26,352.90 to New Paving Company for payment estimate #2. Mr. Howe seconded the motion which carried with the fo 11 owi n9 vote: AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sawyer and Mr. Johnson. NAYS: None #20 PAYMENT AUTHORIZATION: Mr. Schneider moved to authorize payment to O. A. Fessenden for payment estimate #2 in the amount of $42,066.92. Mr. Johnson seconded the motion which carried with the following vote: AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sawyer and Mr. Johnson. NAYS: None #21 PAYMENT AUTHORIZATION: Mr. Howe moved tp authorize payment to O. A. Fessenden' for payment estimate #2 on the Municipal Building. Mr. Seeba seconded the motion which carried with the fa 11 owi ng vote: AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sawyer and Mr. Johnson. NAYS: None #22 CITY VEHICLES: Council reviewed the current inventory of city vehicles. Mr. Arnold explained the condition of each vehicle, some being in good condition while other were very bad and unusable. He also explained the Animal Control Officer does not have a vehicle at this time. Mr. Schneider suggested one could be transfered from either the Water and Sewer Department or the Streets and Parks Department. Mr. Arnold said he would make shift until budget time. Mayor Bueker asked the Council to be thinking about this situation until then. 6 #23 NEWSLETTER: There was not a prepared newsletter for Council review; however, Mr. Arnold suggested articles on weed control, swimming pool schedule, factual report on Entertainment City, and FM 78 By Pass action item and the advertising of bids on the Pfeil Street, Live Oak Road and drainage problems. #24 GENERAL DISCUSSION: There were no items for discussion. #25 ADJOURNMENT: Mr. Schneider moved the meeting be adjourned at 12:55 P.M. Mr. Seeba seconded the motion which carried unanimously. ~L :Bd--/ Mayor, City of Schertz, Texas ATTEST: ~.,g~. Jj . K'Ja,,~g/ ~ ecretary, City of Schertz JOINT MEETING OF THE SCHERTZ CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION MAY 11, 1977 The Schertz~City Council met in joint session, Wednesday, May 11, 1977 with the Planning & Zoning Commission at the Council Chambers, 401 Oak Street. The following Council members were present: Mayor Robert C. Bueker, Donald J. Seeba, Walter F. Schneider, Earl Sawyer and Earl Johnson. Absent: Richard L. Howe. Also present besides the full Planning and Zoning Commission were City Manager Denny L. Arnold and City Secretary June G. Krause. Mr. Wise, P&Z Chairman called the meeting to order at 7:07 P.M. He explained the item to be discussed was a request by Mr. Richard Kitch, owner, and Mr. James McIver of Outdoor Entertainment of America, Inc. to rezone a 59.84 acre tract of land in Comal County. Administrative Assistant Joe Garza explained the purpose of this joint meeting was to ascertain if this request meets the four criteria of the Zoning Ordinance, Article III, Section 12.2.2. After extensive discussion by both the P&Z and City Council, it was determined the request does meet the four criteria and the next step is to set up a public hearing; the first date will be June 8, 1977.