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ccreg-08-02-1977 31 E. The Council asked Jerry Graham various questions about the swimming pool, its monthly headcount and maintenance of the pool. F. Mr. Schneider asked about the daily vehicle usage log. Mr. Arnold and Kay Reinarts explained that the staff committee was very close to a total vehicle usage/replacement policy to recommend to the Council. G. Mr. Schneider began an explanation of a recent misuse of a City vehicle by an employee. Mr. Arnold advised that the employee had been counseled and reprimanded for any misuse that occurred. C'JJ :\l ~ r ..,:, :" ~ H. Mr. Sawyer stated that it was his opinion that no new City vehicles should be bought until a history could be developed on each vehicle. I. Mr. Sawyer questioned the legal notice recently appearing in the Valley News concerning Revenue Sharing Funds. Mr. Arnold reiterated that he was required by the Federal Register to publish that notice prior to a Revenue Sharing Proposed Use Public Hearing. #12 ADJOURNMENT: Upon motion duly made and seconded, the meeting adjourned at 9:25 P.M. / ..~ /, i! ---;:.? P; /{~~. ~-~ ATTEST: Mayor, City of Schertz, Texas U4AAL. J.1 . kr~ t)ty ecretary, City of Schertz REGULAR MEETING OF THE CITY CCUNCIL AUGUST 2, 1 977 The Schertz City Council convened in Regular Session, Tuesday, August 2, 1977 at 7:00 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 pre- sent City Manager Denny L. Arnold. #1 APPROVP,L OF ~lINUTES: Mr. Howe moved to approve the minutes of the Regular Meeting of July 19, 1977. Xr. Seeba seconded the motion which carried with the following vote: AYES: Mr. Howe, Mr. Seeba, ~Ir. Schneider, ~lr. SaVJyer and Mr. Johnson. NAYS: None #2 HEARI~G OF RESIDENTS: Various members of the audience reserved time for Agenda Items #5 & #6. Mr. Rod Corvo reserved time for Agenda Item #4. #3 P&Z MINUTES: Mr. Schneider moved to accept the minutes of the Regular Meeting of the P&Z Commission of July 27, 32 1977. 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 #4 ORDINANCE: Final consideration of an ordinance rezoning Lot 5, Block 5, and Lot 23, Block 7, Village I Subdidvision, which has the following caption: AMENDING THE ZONING DISTRICT MAP OF THE CITY OF SCHERTZ, TEXAS: CHANGING THE CLASSIFICATION OF LOT 5 BLOCK 5 AND LOT 23 BLOCK 7 OUT OF VILLAGE I SUBDIVISION FROM R-2 SINGLE FAMILY DWELLING DISTRICT TO GB GENERAL BUSINESS DISTRICT MAP, IN ACCORDANCE WITH ARTICLE II, SECTION 9 AND ARTICLE III, SECTION 12 OF THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ. Mr. Seeba suggested perhaps the City should wait to rezone this land when a particular usage was known for the land. Mayor Bueker responded that ample time would be available to the land owner (John Schaefer) after a particular use is known. Mayor Bueker asked Mr. Rod Corvo if he had anything new to present to the Council in support of this request. Mr. Corvo stated that he did not, only to reiterate prior statements. Mr. Schneider moved to postpone final action on this rezoning request until a later date when a definite need arises. Mr. Seeba seconded the motion which carried with the following vote: AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sawyer and Mr. Johnson NAYS: None #5 ORDINANCE: Mr. Arnold read an ordinance, the caption of which follows: AMENDING SECTION 18-32, 18-91 AND 18-76 OF THE CODE OR ORDINANCES OF THE CITY OF SCHERTZ, TEXAS; PROVIDING FOR THE PUBLICATION OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. Mr. Schneider expressed opposition to a majority of the uNO PARKINGu portion of the ordinance, particularily those parts pertaining to the south side of town where the streets were wide enough for on-street parking. Extensive Council discussion with audience participation, followed. Mr. Arnold informed the Council that the National Uniform Traffic Code was the standard manual from which the staff recommendations were made, the same manual this City has used for years. Mr. Schneider moved to adopt the ordinance as an emergency measure and to adopt all parts of the ordinance except Section III (the NO PARKING section). Mr. Sawyer seconded the motion. More Council discussion followed on the need to include certain streets in the UNO PARKING" section. 33, Mr. Schneider amended his motion to include in Section III the original uNO PARKINGu provisions as recommended by the staff for: Wuest Street; Dowman Street; Clyde R. Ford Drive; Oak Street; and Chestnut Street. Mr. Sawyer seconded the amended motion. Mr. Howe stated that a period of experience was perhaps needed to determine what areas would be park- ing problems. ~ N ~ ~ ~ c:JJ Police Chief Schoonover urged the Council to reconsider certain excluded (from the motion) streets due to there being no sidewalks; high accident rate on River Road; and need to prohibit parking on First Street between FM78 and Wuest Street. Council discussion on that section of First Street. Jerry Graham informed the Council that Fire Department safety standards called for a minimum width of 12' needed for fire truck passage. The motion carried with the following vote: AYES: Mr. Howe, Mr. Schneider, and Mr. Sawyer NAYS: Mr. Seeba, and Mr. Johnson Mr. Seeba and Mr. Johnson asked that their NAY vote be qualified because that section of First Street between FM78 and Wuest Street was not in- cluded. #6 RESOLUTION: Mr. Arnold read a Resolution, the caption of which fo 11 ows : A RESOLUTION ACCEPTING THE DEDICATION OF ALL STREETS WITHIN MOBILE VILLA ESTATES - UNIT 1. Mr. Arnold explained that Mr. Gardner's contract with City Public Service Board for street lighting of these streets would not affect the City unless he terminated his contract and the residents then requested the City to provide street lighting. Council discussion followed. Mr. Seeba moved the adoption of this Resolution.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 #7 RESOLUTION: Mr. Arnold read a Resolution, a caption of which follows: A RESOLUTION SUSPENDING TO ACCEPT AN AUTOMATIC RATE INCREASE FROM ENTEX AND REQUIRING AN ENTEX REPRESENTATIVE TO SHOW PROOF TO THE CITY FOR THE NEED OF SUCH AN INCREASE. Mr. Arnold explained steps of procedure Entex was following after the City's recent rejection of the Cost of Service Rate adjustment. Entex now has filed for a full rate increase request which the staff recommends to the Council be suspended for 120 days. Mayor Bueker asked if other cities in Entex's South Texas Division could join us in paying legal fees if we could determine through a rate consultant that our statistics were accurate. The Mayor further cautioned that we should be prudent and wise in our decisions about Entex and possibly we should consider hiring '34 a consultant. Mr. Schneider moved for the adoption of this Resolution. Mr. Seeba seconded the motion which carried with the following vote: AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sawyer and Mr. Johnson NAYS: None #8 RESOLUTION: Mr. Arnold read a Resolution, the caption of which follows: A RESOLUTION REFUSING TO ACCEPT AN AUTOMATIC RATE ADJUSTMENT FROM GUADALUPE VALLEY ELECTEIC COOPERATIVE AND REQUIRING A GUADALUPE VALLEY ELECTRIC COOPERATIVE REPRESENTATIVE TO SHOW PROOF TO THE CITY FOR THE NEED OF SUCH AN INCREASE. Mr. Arnold explained that PUC regulations require~ us to take this action but the City must take some final action within this period. The City has not heard the results of the PUC's review of the GVEC rate increase request. Mr. Johnson moved for the adoption of this Resolution. Mr. Seeba seconded the motion which carried with the following vote: AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sawyer and Mr. Johnson NAYS: None #9 WATER REQUEST: Mr. Arnold explained the City had received a request for water service from G. C. Friesenhahn on IH35. Council discussion followed. Mr. Schneider inquired about a water and sewer extension policy and rate schedule for outside the City limits. Mr. Arnold said data and sample policies had been collected but no policy is drafted yet for Council review. Mr. Schneider moved to authorize staff to provide water service to G. C. Friesenhahn. Mr. Seeba seconded the motion which carried with the following vote: AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sawyer and Mr. Johnson NAYS: None Mr. Arnold was instructed to furnish Mr. Friesenhahn with a letter con- cerning future out of City limits rates. #17 CCMA BRIEFING: David Dennis, CCMA 208 Coordinator, appeared to answer any questions from the Council on status of 208 Wastewater Planning. #10 COMPREHENSIVE PLAN GRANT: Mr. Arnold briefed the Council on the need to keep the City's Comprehensive Plan current. Dr. Howard Balanoff and staff assistants from SWTSU Com- munity Development Institute (CDI) briefed the Council on the need to coordinate the Comprehensive Plan with 208 Wastewater Planning, Noise Zones and Flood Plain Restrictions, etc. Maps and plans done by the CDI for other cities were shown the Council. Mr. Howe asked what parts of present master plan have been adopted or put into effect. Mr. Arnold 35 explained that some of the plan had been followed, some had been abandoned; some recommended administrative controls, such as the zoning ordinance, had been adopted while other, such as the subdivision and flood plain ordinance would be before the Council in the near future. Mr. Schneider asked if the budget for the grant reflected total costs of the project. Mr. Arnold replied that it did and further gave an expla- nation of how part of the City's share of the grant could be in-kind- services. Dr. Balanoff answered that there is a good possibility of cost under run in this project. ~ ~ ~ r~ ~ u..:J Mr. Seeba moved to authorize the Mayor to sign a letter of acceptance of grant offer for a Comprehensive Planning and Management Assistance Grant from TDCA. Mr. Johnson seconded the motion which carried with the follow- ing vote: AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sawyer and Mr. Johnson NAYS: None #11 UNEMPLOYMENT COMPENSATION: Mr. Arnold briefed the Council on the TML's request for the City to partici- pate in the cost of its law suit to challenge the constitutionality of the Unemployment Compensation Act being imposed on Texas Cities. Considerable Council discussion followed. Council agreed to table any action pending further information on unemployment. #12 FURNITURE BIDS: Postponed at Mr. Arnold's request until next month. #13 CHANGE ORDER: Council considered Change Order #2 to Southside Project for Beck's curb opening. Mr. Arnold re- commended this item be delayed until the next meeting due to the lack of a signature on the Change Order by the City Engineer. #14 PAYMENT ESTIMATE: Mr. Sawyer moved for approval of Payment Estimate #5 to o. A. Fessenden in amount of $32,446.42 for the Community Center Project. 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 #15 PAYMENT ESTIMATE: Mr. Seeba moved for approval of Payment Estimate #5 to O. A. Fessenden in the amount of $52,172.58 for the Municipal Complex Project. 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 #16 PAYMENT ESTIMATE: Mr. Howe moved for approval of the Payment Estimate #5 to New Paving Company in the amount of $59,585.85 for the Southside Project. 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 Council discussed the low 1 . or poo ing areas on the streets revealed by a 36 late afternoon shower. #18 NEWSLETTER APPROVAL: The newsletter was approved as amended to add an item on FM78 construction. It was agreed that future newsletters should carry monthly activities of City departments as well as areas of problems in the City. #19 GENERAL DISCUSSION: A. Mr. Arnold explained causes of low water pressure over the past week, primarily caused by very heavy usage, i.e. lawn watering. The problem is being studied by the City Engineer. B. Mr. Howe inquired about the status of the Jupe street easement block- age. Mr. Arnold answered that it would be on next agenda for City Attorney briefing. C. Mayor Bueker briefed the Council on the status of the FM78 By Pass, that being that as a result of a recent meeting between Mr. Ralph Beck, Mayor Bueker and City staff, Mr. Beck agreed to furnish the City with his asking price for his land for right-of-way and concrete plant relo- cation. The Mayor explained that once we have that figure we can approach the Guadalupe County Commissioners for their support. D. Mr. Howe briefed the Council that his attendance at a recent CCMA Cibolo Creek Park Development Planning meeting showed no progress had been made on which to report. E. Mr. Schneider inquired about the weedy lot at First Street and Church Street. Mr. Arnold answered that a weed letter had been sent and that follow up action would be taken. #20 ADJOURNMENT: On a motion duly made and seconded, the meeting adjourned at 10:23 P.M. /"} ~e~ ATTEST: Mayor, City of Schertz, Texas Qy. JJ.1. ~~ ~y ecretary, City of Schertz