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ccreg-07-05-1977 23 Mr. Arnold was asked to find out from the attorney our position at this time. #11 GENERAL DISCUSSION: There was no discussion at this time. #12 ADJOURNMENT: On a motion duly made and seconded, the meeting adjourned at 10:37 P.M. ~ N I""""" '~ ~ \.JJ ATTEST: A;~EC ~~ Mayor, City of Schertz, Texas fk:AO~_Yi. ~ ~tary, C1ty of Schertz REGULAR MEETING OF THE CITY COUNCIL \lULY 5, 1977 The Schertz City Council convened in Regular Session, Tuesday, July 21, 1977 at 7:05 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 attending were City Manager Denny L. Arnold, City Secretary June G. Krause, and City Attorney, Richard W. Harris. #1 APPROVAL OF MINUTES: Mr. Sawyer moved to approve the minutes of the Regular Session of June 21, 1977 uS presented. Mr. Schneider seconded the nDtion which carried with the following vote: AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sawyer, and Mr. Johnson NAYS: None #2 HEARING OF RESIDENTS: Mr. Carter requested time for Item #5. #3 P&Z MINUTES: Mr. Seeba moved to accept the minutes of the Regular Meeting of the P&Z Commi~sion of June 22, 1977. Mr. Howe seconded the motion which carried with the following vote: AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sawyer, and Mr. Johnson NAYS: None #4 RESOLUTION: A Resolution was presented that would approve, and authorize the Mayor to execute, an attached contract concerning a proposed road to the Dobie Middle School. The contract listed the areas of responsibilities to the City (acceptance agency), Edgar Von 24 Scheele (property owner), and Guadalupe County (construction agency) involved with paving the road. Point of discussion by the Council and questions to Richard Harris concerned the specifications of design and responsibility for construction of a bridge across the Dietz Creek drainage channel. Mayor Bueker suggested that engineering specifications for the bridge could be written in a general nature as long as they called for an all weather bridge with the surface above flood level. Mr. Arnold read the Resolution and attached contract, a caption of which follows: DECLARING THE CITY OF SCHERTZ' POSITION ON THE PROPOSED DOBIE MIDDLE SCHOOL ROAD AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH EDGAR VON SCHEELE AND GUADALUPE COUNTY PERTAINING TO CONSTRUCTION OF THE ROAD. Mr. Howe moved for adoption of a Resolution that would authorize the Mayor to execute an attached contract concerning the paving of Dobie Middle School road but that signing be delayed until bridge specifications and road metes and bounds, to be approved by the City Attorney, are attached to the contract. 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 #5 WATER SERVICE REQUEST: Mr. Sidney B. Carter appeared before the Council to request water service to his property north of Country Corner Restaurant, adjacent to IH35. Mr. Arnold explained, that Mr. Carter's property was in the City limits; that it would take about 500' to 600' of 1" line and a total cost of approximately $700.00 to provide water to Mr. Carter's property line. The merits of installing a 2" line instead of a 1" line, primarily for development of adjOining land. Mr. Seeba moved that the Water Superintendent be authorized and directed to install a 1" service line from in front of the Country Corner's meter to Mr. Sidney Carter's property line. 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 #6 CCMA BRIEFING: David Dennis, CCMA employee, briefed the Council on current problems of 208 Planning process. Mayor Bueker informed the Council that he had been requested by the League of Women Voters to host a 208 Public Briefing in Schertz. The Council agreed to host the briefing at its Regular Meeting of August 16, 1977 and the City Manager should so inform the League of Women Voters. #7 ORDINANCE: This item delayed to a future meeting. #8 ORDINANCE: This item passed over until later in this meeting. #9 CHANGE ORDER: Council considered Change Order #1 to Southside Project, specifically the addition of paving Liveoak Road in front of new Municipal Building and paving Pfeil Street between Brooks Avenue and Curtiss Avenue. Mr. Schneider inquired if the same engineerfng fee percentage applied to the change order as to the original contract. Mr. Arnold assured it did. Mr. Howe asked if 6)r: In] this expenditure is within the legally allowed increase of a project. Mr. Arnold assured it was. Mr. Howe moved approval of Change Order #1 to the Southside Project in the amount of $26,89.00. Mr. Johnson seconded the motion, which carried with the following vote: AYES: j'1r. ;-1owe, r1r. Seeba,. 11r. Schneider, l~r. Sawyer and r~r. Johnson NAYS: None c;: N ...... ,~ - ~~ - ~ #10 PAYMENT AUTHORIZATION: Mr. Howe moved to approve Payment Estimate #4 to New Paving Company on the Southside Project in the amount of $32,450.40. lqr. Sawyer seconded the motion, which carried by the following vote: AYES: f1r. HO\'/e, Mr. Seeba, I~r. Schneider, ~1r. Sawyer and Mr. Johnson NAYS: None #11 PAYf1ENT AUTHORIZATIO;-.J: Mr. Sawyer moved to approve Payment Estimate #4 to O. A. Fessenden on the Community Center Project in the amount of $43,728.68. Mr. Johnson seconded the motion, wh i ch ca rri ed by the fa 11 owi ng vote: AYES: Mr. Hov>le, ~lr. Seeba, Mr. Schneider', 11r. Sawyer and ~.lr. Johnson NAYS: None #12 PAYMENT AUTHORIZATION: Mr. Sawyer moved to approve Payment Estimate #4 to O. A. Fessenden on the ~Iuni ci pa 1 Com- plex Project in the amount of $63,226.34. ~\1r. Schneider seconded the motion, which carried \A/ith the follm'iing vote: AYES: ~lr. Howe, 1\lr. Seeba, i'tlr. Schnei der, 11r. Sawyer and f1r. Johnson NAYS: None #13 REBATE PJWMEtHS: tvlayor Bueker bri efed the Counci 1 on hi s recent meeting with John Schaefer on the subject of water and sewer rebate payments. He said Mr. Schaefer questioned some yearly totals as calculated the the City but was in general agreement with settling overall total with the City. ~layor Buekel~ reiterated that the City was obligated for settling rebates on Village Subdivisions I & II and that Village III & IV has just been assumed. The subject of fk. Schaefer's promised debt to the City for paving was broached. Mr. Howe suggested we should settle rebate payment issue and then pursue the paving debt. Mr. Howe asked if we had funds to settle the approximate $22,GOO.OO rebate pay- ments \>'/ith Mr. Schaefer. ~1r. P.rno 1 d informed the Council that those amount of funds were aVailable only in the Sewer Capital Reserve fund and the Sewer Reserve Excess Fund. ~'lr. Schneider moved that t1lr. Har'ris be authorized to enter negotiations to settle rebate contract \'Jith John Schaefer'. Mr. Seeba seconded the motion, which carried with the following vote: AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sawyer and MI'. Johnson NAYS: None #8 ORDINANCE: . Mr. Arnold read an ordinance setting the 1977 Tax Board of Equalization and fixing the time and place 2'6 for the meeting of same, a caption of which follows: APPOINTING A BOARD OF EQUALIZATIO~ FOR THE CITY OF SCHERTZ, TEXAS AND FIXING THE TIME FOR THE MEETING OF SUCH BOARD. Mr. Schneider moved for passage of this ordinance on first reading. 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 #14 NEWSLETTER: The Council reviewed the newsletter for the month of June, 1977. Mr. Sawyer moved approval of the newsletter. 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 #15 GENERAL DISCUSSION: A. Mayor Bueker advised the Council of a letter he received pertaining to the Converse Centennial Celebration to be held October 1, 1977. The Council agreed we should notify Converse of our intent to have some sort of entry in their parade. B. Mayor Bueker advised that the Knights of Columbus would like the Council's recommendation of a resident whom they can ~onor as IICitizen of the Yearll. Council discussed difficuly in deciding without a set criteria. Mr. Schneider recommended Johnnie Woodward based on his years of dedicated public service. The Council unanimously agreed. C. Mayor Bueker informed the Council of a receipt of proposed 11911 Emergency Phone II number system from AACOG. Mr. Arnold suggested staff time to review for future agenda, to which the Council agreed. D. Mr. Schneider commented on the need of restrooms closer to the large park pavillion, of a permanent type. Mayor Bueker stated that perhaps a permanent concession stand at the pavillion was needed. Council asked City Manager to get cost estimates. E. Mr. Howe inquired about status of GVEC and Entex rate reviews. Mr. Arnold advised that the Public Utility Commission has made no decision to date concerning GVEC's request. As to Entex, Mr. Arnold stated that a recent visit by him and Kay Reinarts revealed that our calculations were fair and accurate. No futher action has been taken by Entex to date. F. Mr. Howe inquired of status with Burroughs. Mr. Arnold answered that we're much'closer to working program on budgetary program but still do not have one. Mayor Bueker asked that Richard Harris determine if we had grounds to file suit against Burroughs for breech of agreement. Council agreed. G. Mayor and Council discussed impending action by CCMA Board to use tax levy as means of financing. Mr. Arnold reminded the Council that CCMA had debt obligation which is shared by all residents of the region. By 27 the legislation creating CCMA, they are required to raise sufficient funds to retire debt, whether by revenues or by taxes. Enabling (taxation) powers are written into contract with the Cities. H. Council agreed City should be represented at Comraissioners Court meeting of July 11, 1977 to di scuss HUB By.-pass. 1. Mr. Sawyer told of a friend who has a pecan tree limb cut which (jung out over alley in Aviation Heights. Mr. Arnold explained the City's program of tree trimming in alleys versus easements. CJ: :'\J I'"""" , ...? :;; \..1J J. Mr. Johnson commented that a man had expressed to him how appreciative he was of the City Park System, which in his (man's) opinion was the best hels seen in any City. #16 ADJOURNMENT: On a motion duly made and seconded, the meeting adjourned at 10:50 P.M. ATTEST: A:!LLC ~~ Mayor, City of Schertz, Texas O!~,~, K~ C'BY Secretary, Ci t~1 of Schertz PUBLIC HEARING The Schertz City Council convened in a combi ned Pub 1 i c Hea ri n9 wi th the Planning and Zoning Commission, Wednesday, July 13, 1977 at 7:U5 P.M. in the Counci 1 Chambers, 401 Oak St reet \~ith the fo 11 owi n9 members present: Mayor Robert C. Bueker, presiding; Earl W. Sawyer, Earl Johnson and Richard L. Howe. Also attending was City Manager Denny L. Arnold. Absent were Walter F. Schneider and Donald J. Seeba. The purpose of the Public Hearing was to hear testimony relative to a rezoning request filed by John Schaefer for property adjacent to Liveoak Road. ~lr. Arnold I~iller and Mr. Kenneth Joy appeared to offer favorable testimony or at least no objections. Mr. Rod Corvo appeared to represent Mr. Schaefer. r~r. Arnold explained that it had been the custom of this City to rezonings when a specific use of parcels of land was known. The Public Hearing closed at 7:20 P.M. ATTEST: '7 -~~~~ ~:.-- Mayor, City of Schertz, Te~as O~r5v ..kJL~O ~y Secrefary, City of Schertz