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ccreg 04-06-1976 372 REGULAR MEETING OF THE CITY COUNCIL APRIL 6, 1976 The Schertz City Council convened in Regular Session, Tuesday, April 6, 1976 at 7:03 P.M. in the Council Chambers, 401 Oak Street with the follow- ing members present: Mayor Robert C. Bueker, presiding; Donald J. Seeba, Walter F. Schneider, Ed L. Sharpe and Gail Hyatt. Absent: Nell G. Funk. #1 APPROVAL OF MINUTES: A. Mr. Schneider moved to accept the minutes of the Regular Meeting of March 16, 1976 Mr. Seeba seconded the motion which carried with the following as presented. vote: AYES: NAYS: Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt. None B. Mr. Seeba moved to accept the minutes of the Public Hearing of the Council and Planning & Zoning Commission of March 30, 1976 as presented. Mr. Schneider seconded the motion which carried with the following vote: AYES: Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt. NAYS: None #2 HEARING OF RESIDENTS: Mr. Chuck Clark of Burroughs Corporation re- served time for item No. 11. There were no citizens with items of discussion not on the agenda. #3 P & Z MINUTES: Mr. Sharpe moved to accept the minutes of the Planning and Zoning Commission of March 24, 1976. Mrs. Hyatt seconded the motion which carried with the following vote: AYES: Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt. NAYS: None #4 CAC MINUTES: Mr. Sharpe moved to accept the minutes of the Citizens Advisory Committee meeting of March 18, 1976 as presented. Mr. Seeba seconded the motion. Mr. Schneider suggested that rather than take the time to discuss all the citizen complaints contained in these minutes at this meeting, they be placed on the agenda for the meeting of April 20, 1976 for general discussion. The Mayor then called for a vote on the above motion which carried with the following vote: AYES: Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt. NAYS: None #5 ELECTION RESULTS: The Council canvassed the returns of the April 3, 1976 City Officer Election. All Council members were satisfied the tal ley sheets and Election Results reflected a true and accurate count. #6 ORDINANCE: The Mayor introduced the following captioned ordinance which was read in full by the City Manager. Mr. Sharpe moved that said ordinance be considered by the Council as an emergency measure, which motion was seconded by Mrs. Hyatt. Whereupon said motion was fully discussed and considered. The Mayor put the motion to consider said ordinance as an emergency measure to the members of the City Council and said motion 07'1 v a was approved and adopted by the following vote: AYES: Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt. NAYS: None The Mayor then introduced the hereinafter set forth ordinance as an emergency measure. Thereupon it was moved by Mr. Sharpe and seconded by Mrs. Hyatt that said ordinance be finally passed and adopted. The Mayor put the motion to a vote of the members of the City Council and the ordinance was finally passed and adopted by the following vote: AYES: Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt. NAYS: None ORDINANCE NO. 76-E-2 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE CITY COUNCIL ELECTION HELD IN SAID CITY ON THE 3RD DAY OF APRIL, 1976, and declaring an emergency. At this time, Mayor Bueker read a letter of resignation from the Planning and Zoning Commission by Mr. Richard L. Howe, Sr. Mr. Schneider moved to accept the resignation of Mr. Howe from the Planning and Zoning Commission as he was duly elected to the City Council and could not hold both offices. Mrs. Hyatt seconded the motion which carried by the following vote: AYES: Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt. NAYS: None #7 SWEARING-IN CEREMONIES: The following newly elected officers of the City of Schertz were called forward and sworn into office by the City Secretary: Robert C. Bueker Richard L. Howe, Sr. Donald J. Seeba Mayor Councilman, Place 1 Councilman, Place 2 Mr. Seeba recommended sending a letter of commendation be sent to Mrs. Nell G. Funk for her long and faithful service to the City during her four year tenure on the Council. Mayor Bueker further suggested the letter be signed by the full council, who had served with her. #8 MAYOR PRO-TEMPORE ELECTION: Mr. Sharpe nominated Mr. Donald J. Seeba as Mayor Pro-Tempore as he had done such an admirable job in the past in this capacity. Mr. Seeba recommended that possibly the Mayor Pro-Tempore position should be passed around to all the Council. Mrs. Hyatt nominated Mr. Sharpe for Mayor Pro-Tempore on the grounds of what Mr. Seeba had recommended. Mr. Schneider moved to close nominations. Mrs. Hyatt seconded the motion. 374 The vote was as follows: For Donald J. Seeba as Mayor Pro-Tempore: Mr. Sharpe, Mr. Schneider and Mr. Howe. For Mr. Ed L. Sharpe as Mayor Pro-Tempore: Mrs. Hyatt and Mr. Seeba. Mayor Bueker declared Donald J. Seeba Mayor Pro-Tempore by a majority vote. #9 BID OPENING: Bids were opened for an 80x30' Utility Building, a 25 x 40' 3-sided building and 2,200 feet of 6' cyclone fence, as follows: Quality Steel Builders of Seguin, Texas Tommie Crouch Construction, Converse, Texas Star Erection Inc., Seguin, Texas $23,475.00 $24,381.00 $24,504.52 After study and discussion of the above bids, Mr. Seeba moved to forego awarding the bid in order for the City Engineer to evaluate the bids, with the awarding to be on the next regular meeting agenda. Mr. Sharpe seconded the motion which carried with the following vote: AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt. NAYS: None #10 BID OPENING: Bids were opened and consideration given to awarding contract for the sale of two parcels of City land as follows: 808 Main Street 812 Main Street John R. Schweinsberg Mr. & Mrs. Guadalupe Del Toro $610.23 $7,000.00 After Council discussion and consideration, Mr. Schneider moved to place this item back on the agenda for the next regular meeting of April 20, 1976. Mrs. Hyatt seconded the motion which carried with the following vote: AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt. NAYS: None of March 16, 1976. #11 CONTRACT AWARD: Council discussed and considered the awarding of con- tract for computer service based on bid opening Mrs. Hyatt moved to award contract for lease/purchase of a L9300 minicomputer to Burroughs Corporation based on the recommendations of Mr. Seeba. Mr. Seeba seconded the motion which carried with the following vote: AYES: Mr. Seeba, Mr. Schneider, and Mrs. Hyatt. NAYS: NONE ABSTAINING: Mr. Howe, as he was not familiar with the bid and Mr. Sharpe as there was the possibility of conflict of interest as he had in the past had business dealings with one of the bidders. 0)--- Dab #12 ORDINANCE: The Mayor introduced the following captioned ordinance which was read in full by the City Manager. Mr. Sharpe moved that said ordinance be considered by the Council. Mrs. Hyatt seconded the motion which was carried by the following vote: AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt. NAYS: None The following captioned ordinance was then discussed and fully considered by the Counci 1 : AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS MAKING IT AN OFFENSE TO FAIL TO APPEAR IN ANSWER TO A SUMMONS; FIXING, ESTABLISHING, AND ADOPTING RULES AND REGULATIONS FOR THE COLLEC- TION OF FEES INCURRED IN THE ISSUANCE AND SERVICE OF WARRANTS OF ARREST; AUTHORIZING THE PAYMENT OF FEES TO WARRANT OFFICERS FOR SERVING WARRANTS OF ARREST; MAKING PROVISION FOR THE COLLECTION OF FINES BY EXECUTION AGAINST PROPERTY OF DEFENDANT OR BY THE IMPRISONMENT OF DEFENDANTS; PROVIDING FOR PUBLICATION OF THIS ORDINANCE; AND CONTAINING OTHER PROVISIONS PERTINENT TO THE SUBJECT HEREOF. Whereupon Mr. Sharpe moved that said ordinance be further considered at the next regular meeting of the City Council to be held on the 20th day of April, 1976, which motion was seconded by Mrs. Hyatt and which carried by the follow- ing vote: AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt. NAYS: None #13 RESOLUTION: The Mayor introduced the following captioned resolution which was discussed and fully considered by the Council. Mr. Sharpe moved the hereinafter set forth resolution be adopted by the City Council. Mr. Seeba seconded the motion which carried by the following vote: AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt. NAYS: None RESOLUTION NO. 76-R-4 A RESOLUTION AUTHORIZING THE CITY UTILITY SUPERINTENDENT TO PROVIDE A TAP OF THE CITY'S TWELVE INCH WATER MAIN BELOW THE NACOGDOCHES ROAD WELL SITE AND ADJACENT TO FM 2252 FOR THE PURPOSE OF SUPPLYING POTABLE WATER TO PROPERTY OWNED BY MR. RON DUNLAP. #14 P&Z APPOINTMENT: Mr. Howe moved to accept the recommendation of the Planning & Zoning Commission and appoint Mr. Adolph Aguilar, 133 Thomas Edison Drive, as a member of the Planning & Zoning Commission. Mr. Schneider seconded the motion which carried with the following vote: AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt. NAYS: None #15 CAC APPOINTMENT: Mrs. Hyatt moved to appoint Mary Ann Turner, 153 Valley Oak Drive and Diane Craig, 917 Fawn Drive as members of the CAC as recommended by the Citizen Advisory Committee. Mr. 3,.., ,. 4 ,J Sharpe seconded the motion which carried by the following vote: AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt. NAYS: None #16 PAYMENT ESTIMATE: After Council discussion, Mr. Seeba moved to pay Universal Tank and Iron Works, Inc. contractor's Estimate #5 in the amount of $14,875.00. Mr. Schneider seconded the motion which carried with the following vote: AYES: Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt. NAYS: None ABSTAINING: Mr. Howe, as new member of the Council. #17 PAYMENT AUTHORIZATION: Mr. Seeba moved to pay Howard Gaddis, engin- eering fee based on the contractor's Estimate #5 in the amount of $380.80. Mrs. Hyatt seconded the motion which carried with the following vote: AYES: Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt. NAYS: None ABSTAINING: Mr. Howe, a new member of the Council. #18 CONTRACT CORRECTION: Council discussed correcting the Swimming Pool contract amount from the total of $231,904.00 as approved at the regular meeting of March 2, 1976, to the amount of $232,534.00. Mr. Arnold explained the difference resulted in the fact that the benches, at $126 each were deducted from the original amount when they had not been included originally. Mr. Scharpe moved to authorize the Mayor to sign a corrected swimming pool contract in the amount of $232,534.00. Mr. Seeba seconded the motion which carried with the following vote: AYES: Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt. NAYS: None ABSTAINING: Mr. Howe #19 PAYMENT AUTHORIZATION: Mr. Schneider moved to pay Howard Gaddis engineering fee for the swimming pool contract in the amount of $14,824.04. Mr. Sharpe seconded the motion which carried with the following vote: AYES: Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt. NAYS: None ABSTAINING: Mr. Howe #20 PAYMENT AUTHORIZATION: Mr. Seeba moved to pay City Attorney invoice in the amount of $1,839.25 covering non retainer work done from August, 1975 through mid-March 1976. Mr. Sharpe seconded the motion which carried with the following vote: AYES: Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt. NAYS: None ABSTAINING: Mr. Howe 377 #21 SEWER TAP FEE PAYMENT: Mr. Arnold briefed the Council on adminis- trative procedures established by City Staff for remitting monthly sewer tap fees to the CCMA. The end of every month CCMA will be sent a list of tap fees, giving name, address, dollar value of construc- tion permit, legal description and plat number. The effective date of payment is October 1, 1975. #22 BIISENTENIAL CELEBRATION: Mrs. Hyatt bri efed the Council on the 1 atest meeting of the Bicentenial Committee and progress made to date. #23 PFEIL STREET: Mayor Bueker explained that concerning the paving of Pfeil Street, bids are to be opened at the next regular meeting of the Council and will include proposals for cost of resurfacing (various ways) of streets and suggested this item be discussed at that time. Mr. Seeba moved to place this item on the agenda of the regular meeting of April 20th, 1976. Mrs. Hyatt seconded the motion. After lengthy discussion vote was called and carried as follows: AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt. NAYS: None #24 SUBDIVISION APPEAL: Mr. Arnold explained this item would be deleted from the agenda as Mr. Dean Vivian did not sub- mit paper work nor did he appear at this meeting on his appeal for a variance to a subdivision plat for a nine-parcel tract of land in Val Verde #1 Subdivision. #25 NEWSLETTER REVIEW: Council reviewed the proposed newsletter for the month of March and suggested adding an article on the availability of elderly housing units in the City. Mr. Schneider moved to approve the newsletter with the addition of the above mentioned article. Mrs. Hyatt seconded the motion which carried with the following vote: AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt. NAYS: None #26 GENERAL DISCUSSION: A. Mayor Bueker briefed the Council on a meeting of the Housing Authority he attended the previous week. They have made their selection for recommendation to HUD on the site for the new 50 unit elderly housing project. The local Housing Authority is sub- mitting only one recommendation even though HUD had suggested they be sent three pri ori ti es. Mrs. Hyatt moved to ask the Housing Authority to recommend the property on Pfeil street as their second selection for the elderly housing. Mr. Sharpe seconded the motion. After further discussion on the location of the housing units, Mrs. Hyatt withdrew her motion and Mr. Sharpe withdrew his second. 378 Mr. Schneider moved to write the director of the Housing Authority asking him for a briefing of the Council on the site selection criteria before submitting to HUD. Mr. Sharpe seconded the motion which carried with the fa 11 owi ng vote: AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt. NAYS: None B. Mrs. Hyatt questioned the advisability of allowing a business such as the new Sonic Drive-in to have exits so close to a major street such as FM 78. Mr. Arnold explained that perhaps the staff had been dennquent in the past but now have a system whereby such things are being checked more closely by all departments involved. The City has good ordinances and staff now has the procedures to implement them properly. C. Mr. Arnold urged the Council members to attend the Council/Mayors Institute being held in Arlington, Texas on May 23-25, 1976 and requested those interested in going to contact the City Secretary as soon as possible. #27 ADJOURNMENT: Mrs. Hyatt moved the meeting be adjourned at 11:18 P.M. Mr. Sharpe seconded the motion which carried unanimously. ~-6e ~~ M~yor, City of Schertz, Texas ATTEST: (1~~,~. .21. ~n . ~ Secrefary, City of Schertz /. ./