ccreg-09-06-1977
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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
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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.
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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:
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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'.
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#12 - Mayor Bueker asked to pass this item in order for Mr. Hesson to eX-
plain item #13 before ledving.
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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.
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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:
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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.
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Mayor, City of Schertz, Texas
ATTEST:
O<:~Ja ~ ~~~
(Jf:l ~ecretary, City of Schertz