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ccreg-09-06-1977 46 REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6, 1977 The Schertz City Council convened in Regular Session, Tuesday, September 6, 1977, at 7:00 P.M. in the Council Chambers, 401 Oak Street with the follow- ing members present: Mayor Robert C. Bueker, presiding; Richard L. Howe, Donald J. Seeba, Walter F. Schneider, Earl W. Sawyer and Earl Johnson. Also present were Assistant City Manager Harold D. Baldwin, and City Secretary June G. Krause. #1 APPROVAL OF MINUTES: A. Mr. Howe moved to approve the minutes of the Special Meeting of August 9, 1977 as presented. 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 B. Mr. Schneider moved to approve the minutes of the Regular Meeting of August 16, 1977 as presented. 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 C. Mr. Seeba moved to approve the minutes of the Special Meeting of August 23, 1977 as presented. Mr. Schneider seconded the motion which carried with the following vote: AYES: Mr. Howe, Mr. Seeba, Mr. Schneiaer, Mr. Sawyer and Mr. Johnson. NAYS: None D. Mr. Howe moved to approve the minutes of the Special Meeting of August 30, 1977 as presented. Mr. Schneider seconded the motion which carried with the fo 11 owi ng vote: AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sawyer and Mr. Johnson NAYS: None #2 HEARING OF RESIDENTS: Mr. Dave Allen requested time when item #5 comes before the Council. #3 P&Z MINUTES: Mr. Schneider moved to approve the minutes of the Plan- ning and Zoning Commission meeting of August 31, 1977. 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 #4 BOE REPORT: Council discussed the four recommendations of the Board of Equalization; namely, (l) pertaining to personnel; (2) concerning the posting of building pennits (3) informing the public per- iodically of permits required; and (4) the review of the two ordinances 4']' pertaining to an industrial district in the City's ETJ. Mr. Schneider suggested not taking action on the first item until Council discussed personnel at budget sessions. Council discussed with Mr. William, member of the BOE, the reasons for posting building permits where they can be seen from the street. Mr. Seeba said he would like to see the publication periodically in the newsletter of the need and reasons for the permits required, such as welfare and safety of the citi zens. ~ N ~ , ,,;, :,:, ~ It was Council decision to review the two ordinances on industrial parks and ask the City Attorney to go over them and discuss with the Council at the next regular meeting of the Council. #5 COMMUNITY CENTER: Council reviewed the recommendations of the Com- munity Development Coordinator, on policies and rates for the Community Center usage. After lengthy discussion, Council asked that this item be placed on the agenda of the next regular session and Mr. Farr to bring recommendations for: (l) contract rates; (2) hourly rates; and (3) to define the terms Commercial, Convention and Social. Mr. Schneider suggested that reservations be accepted as soon as possible after finalization of this policy and rates. #6 RESOLUTION: Mr. Baldwin read a resolution of intent to participate in a flood control and recreation development study of the Cibolo Creek. Mr. Ross Shaver, project coordinator, explained the reso- lution, saying the letter of intent merely says the City of Schertz intends to agree to the study and later can decide if the City wants to participate monetarily. He said he had already appeared before the Councils of Selma, Universal City, Cibolo and CCMA. Further discussion followed. Mr. Schneider moved to pass the resolution of intent to participate in a flood control and recreation development study of the Cibolo Creek. 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 RESOLUTION No. 77-R-18 A RESOLUTION REQUESTING THE U.S. ARMY, CORPS OF ENGINEERS TO PROVIDE A DETAILED PROJECT StUDY OF THE CIBOLO CREEK FROM THE M.K.T. RAILROAD TO THE CRESCENT BEND. #7 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 16th day of August, 1977. It was deter- mined that the City Secretary had caused a short synopsis of said ordinance to be published in the official City 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 by Mr. Sawyer and seconded by Mr. Schneider that said ordinance be finally passed and adopted. The Mayor put the motion to a vote and the ordinance was finally passed and adopted by the following vote: 48 AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sawyer and Mr. Johnson NAYS: None ORDINANCE NO. 77-M-9 AN ORDINANCE ESTABLISHING A DEVELOPMENT PERMIT SYSTEM AND ADOPTING REGULATIONS REQUIRING DEVELOPMENT PERMITS FOR CONSTRUCTION IN FLOOD PLAIN AREAS HAVING SPECIAL FLOOD HAZARDS; PROVIDING FOR REVIEW OF SUBDIVISIONS; MAKING PROVISIONS RELATED TO DEVELOPMENT WITHIN THE CITY OF SCHERTZ DESIGNATED FLOOD PLAINS; VESTING THE CITY MANAGER WITH THE RESPONSIBILITY, AUTHORITY AND MEANS TO ADEQUATELY ADMIN ISTER AND ENFORCE THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE AND- FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR A PENALTY; PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. #8 LEGAL MATTERS: Mr. Harris, City Attorney, briefed the Council on the pending Austin Paving Company suit, which will be brought to trail in Guadalupe County, Monday, September 12. After this case is over, Mr. Harris said he would start on the Jupe case. #9 CHANGE ORDER: Council discussed Change Order #3 to the Southside Paving project. Council also discussed several places where there is pooling of water that should be corrected prior to the final payment on this project. Mr. Seeba moved to approve Change Order #3 to the Southside Paving project in the amount of $16,662.20. 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 #10 PAYMENT ESTIMATE: Council considered the payment estimate #6 to New Paving Company, and requested the City Engineer take a close look at this project before finalization to be sure that all corrections are made. Mr. Gaddis is to give this list of deficienceis in writing to the Council. Mr. Schneider moved to approve Payment Estimate #6 to New Paving Company on the Street Improvements-Buffalo Valley South Project in the amount of $43,800.01. 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 #11 CHANGE ORDER: Council discussed Change Order #4 to the Municipal Complex contract. Mr. Hesson, architect, briefed the Council on each of the seven items on the change order. Mayor Bueker suggested not taking action on this change order at this time and have Mr. Hesson bring figures the next day for excluding the background music from item #1, and the additional costs required if the mast in item #5 were 150' instead of 100'. L19 #12 - Mayor Bueker asked to pass this item in order for Mr. Hesson to eX- plain item #13 before ledving. ~ -:\} ~ :...? ~ W..J ii13 CHAI~Gt: - Okui::t<: After di scussi ng Change Order #3 to the- Community Center project, Council decided it was imperative to get comparison prices on the letters for the building. This item was also delayed until the following day. #12 PAYMENT ESTIMATE: After Council discussion, Mr. Sawyer moved to approve Payment Estimate #6 to o. A. Fessenden for the Municipal Complex Project in the amount of $88,689.06. 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 #14 PAYMENT ESTIMATE: After Council discussion, Mr. Howe moved to approve Payment Estimate #6 to O. A. Fessenden for the Community Center Project in the amount of $20,676.36. 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: Council discussed Payment Estimate #1 on the Sidewalk Project to Mayfield Company. Mr. Johnson asked the policy concerning replacing asphalt with concrete. Mr. Farr was to check and so notify the Council. Mr. Johnson moved to approve Payment Estimate #1 to Mayfield Company for the sidewalk Project in the amount of $23,191.92. 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 #16 P&Z APPOINTMENT: Mr. Schneider moved to appoint Adolph Aguilar as Vice-Chairman of the Planning & Zoning Com- mission. 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 #17 NEWSLETTER: Council reviewed the proposed newsletter for August and approved it as written with the addition of an article on City permits. #18 BUDGET: This item was bypassed at this time. #19 GENERAL DISCUSSION: Mayor Bueker briefed the Council, in behalf of 208 Manager David Dennis, on the changes in the 208 Land Use Projection map in the Indistrial Park area. ,50 f.lr. Howe bri efeu the Counci 1 on the School ui stri ct buuyet Heari ng. Counci 1 congratul ated Mr. Schnei der upon hi s acceptance of Chai rhlansrli p of the temporary study committee to look into the feasibility of flood control and recreational developMent of the Cibolo Creek. 11r. sawyer asked if there was anythi ng in the Guti errez contract to force the men to put the covers back on garbage cans after emptying them. Mayor Bueker suggested contacting Gutierrez about this and also asked Mr. Baldwin if he would contact Gutierrez, who has a lot of extra leds, to make one day available for citizens to pick up lids. Mayor Bueker recessed the regular meeting at 10:10 P.M. to call an Executive Session under Article 6252-17, VTCS, Section 2 (g) as amended. The Regular Session was reconvened at 11 :05 P.M., at which time Mr. Sawyer moved the meeting be recessed until 7:00 P.M., Wednesday, September 7, 1977, Mr. Johnson seconded the motion which carried with a unanimous vote. ATTEST: b~(J ~L~ Mayor, City of Schertz, Texas QA/LL l1. k~AL- c~retary, -City of Schertz The Regular Session of the City Council was reconvened at 7:00 P.M. Wednesday, September 7, 1977, in the Council Chambers, 401 Oak Street with the following members present: Mayor Robert C. Bueker, presiding; Richard L. Howe, Walter F. Schneider, Earl W. Sawyer and Earl Johnson. Absent: Donald J. Seeba. Also present were City Secretary June G. Krause and Administrative Assistant Kay Reinarts. and Joe Garza, Administrative Assistant. #11 CHANGE ORDER: Joe Garza, Administrative Assistant, briefed the Council on the special needs of Change Order #4 to the Municipal Complex project. He recommended that portion of item #1, to include sound system in the Council Chambers,; and items 2, 3 and 7 be approved. As the total Change Order would exceed the monies left for this project, it was recommended to go with that portion of item 1, items 2, 3 and 7 and have Mr. Garza hand carry the request for reallocation of contingency funds to Austin prior to the 13th of September before approving the balance of the change order. Mr. Schneider moved to approve that portion of item 1, which is for a sound sys- tem for the Council Chambers only, in the amount of $3,306.75; item 2 in the amount of $1,878.78; item 3 in the amount of $2,173.31; and item 7 in the amount of $1,814.16 as stated in letter-change onder from Hesson and May Associates dated September 6, 1977. Mr. Johnson seconded the motion which carried with the following vote: ~ ~ l"""'" ~ :.;; CJJ 5,1. AYES: Mr. Howe, Mr. Schneider, Mr. Sawyer and Mr. Johnson. NAYS: None #13 CHANGE ORDER: Regarding the lettering for the front of the Com- munity Center, Mr. Farr submitted figures from S. M. Wheelis Company for the same type letters in the amount of $307.00, as apposed to the $405.45 as submitted by Hesson and May. After further discussion, Order #3 to the Community in the amount of $517.96. the following vote: Mr. Johnson moved to approve item #2 of Change Center project, to furnish and install plague Mr. Howe seconded the motion which carried with AYES: Mr. Howe, Mr. Schneider, Mr. Sawyer and Mr. Johnson. NAYS: None Mr. Schneider moved to authorize expenditure of $307.00 for the lettering on the Community Center building. Mr. Sawyer seconded the motion which carried with the following vote: AYES: Mr. Howe, Mr. Schneider, Mr. Sawyer and Mr. Johnson. NAYS: None At this time, Council continued their review of the proposed 1977-78 budget. Council also discussed whether or not they felt there was a need to increase water rates. Final decision of this budget will be arrived at at the Special Meeting on September 18, 1977. Mr. Schneider moved the meeting be adjourned at 11 :47 P.M. Mr. Sawyer seconded the motion which carried unanimously. _ AIL~. ~~/ Mayor, City of Schertz, Texas ATTEST: O<:~Ja ~ ~~~ (Jf:l ~ecretary, City of Schertz