ccreg 04-20-1976
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REGULAR MEETING OF THE CITY COUNCIL
APRIL 20, 1976
The Schertz City Council convened in Regular Session Tuesday, April 20, 1976
at 7:05 P.M. in the Council Chambers, 401 Oak Street with the following mem-
bers present: Mayor Robert C. Bueker, presiding; Richard L. Howe, Donald J.
Seeba, Walter F. Schneider, Ed L. Sharpe and Gail Hyatt. Also present were
City Manager Denny L. Arnold, City Secretary June G. Krause, City Engineer
Howard W. Gaddis and City Attorney Richard L. Harris.
#1 APPROVAL OF MINUTES: Mr. Schneider requested that the amount of the
City Attorney's invoice under item #20 of the
regular meeting of April 6,1976 be corrected to read: "$1,349.25".
Mr. Seeba moved to accept the minutes of the regular meeting of April 6, 1976
as corrected. Mr. Howe seconded the motion which carried with the following
vote:
AYES: Mr. Seeba, Mr. Howe, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt.
NAYS: None
#2 HEARING OF RESIDENTS: Mr. Willman asked why the subject of water
and sewer rate review was not on this agenda
as stated previously it would be. Mr. Seeba said that he had requested it be
on this agenda several meetings ago but several things have come up since then
to delay the discussion.
#3 PLANNING & ZONING COMMISSION MINUTES:
Mrs. Hyatt moved to accept the
minutes of the P&Z meeting of
Mr. Sharpe seconded the motion which carried with the follow-
April 14, 1976.
ing vote:
AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt.
NAYS: None
#4 BID OPENING: Bids were opened on Water System Improvements as follows:
BIDDER TOTAL BID NO. OF DAYS
Brenham Construction Co. of Round Rock $270,920 180
Cullum & Dickehut Constr. of Marble Falls $266,273.25 100
G. P. Falbo of San Antonio $280,290 120
R. L. Jones Company of San Antonio $293,495.87 140
SACC INC.of San Antonio $317,580.51 120
Bill Shannon of San Antonio $316,502.50 150
Utilities Consolidated of Bandera $270,999.50 120
John Yantis of San Antonio $274,219 90
Mayor Bueker asked to go on to the next item in order for the Engineer to tabulate
the bids and come back later in the meeting with his findings.
#5 BID OPENING: Bids were opened as follows for Street Improvements:
3t)O
BIDDER
Austin Paving Co. of Austin
Bruce Construction Co. of Seguin
M. H. Braden of San Antonio
Colglazier Construction Co. of San Antonio
Crea Brothers of San Antonio
Ralph Gray of San Antonio
Kelly Construction Co. of San Antonio
New Paving Co. of Seguin
Bill Shannon of San Antonio
Robbins Paving Co. of San Antonio
Welch Asphalt Co. of San Antonio
TOTAL BID
$18,648
$22,310
$21 ,689
$19,670.25
$23,515
$21,387.50
$22,201.25
$32,205
$26,416
$24,482.50
$24,131
# OF DAYS.
45
45
60
45
60
45
70
60
60
60
60
The City Engineer was also asked to tabulate these bids before considering
awarding a contract.
#6 PLANNING & ZONING APPOINTMENT: The City Manager presented biographical
sketches on two volunteers who had
agreed to serve on this committee if appointed.
Mr. Howe moved to appoint Mr. David Langford, 313 Judith Ann Drive and Mr.
Jeffery D. Duffield, 1020 Fawn Drive to the Zoning Board of Adjustment.
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
#8 CITIZEN COMPLAINTS: Council discussed the complaints contained in the
minutes of the CAC meeting of March 18. No. 1
a complaint of shooting of animals in the city limits. Chief Schoonover had
investigated and the complaintant would not devulge the name of the neighbor
who was doing the shooting so no action could be taken. No. 2 concerned the
oepn storage shed on Live Oak Road. The owners have been notified but no reply
had been received. No. 3 concerned the request for a curfew in the summer for
children out of school or some action to get the groups of children off the
streets at 3 and 4 o'clock in the mornings. Chief Schoonover said there are
children out at that time but he would not recommend a curfew as they seldom
work and the children are not causing an increase in vandalism. No.4 conerned
drainage at the entrances of the Dairy Queen, River Road and Lone Oak area. This
is being taken care of by the proposal of the Highway Department later on in this
agenda. No.5 loud music of the snow cone trucks. The City Attorney explained
how hard it would be to determine just what "loud" means in terms of ~nforcing
and ordinance.
Council agreed that all complaints should be documented as to who made the
complaint, the times involved and if the proper officials of the city had been
notified at the time of complaint.
Mayor Bueker and Mr. Arnold agreed to attend the next Citizens Advisory meeting
and explain the proper procedures for relaying complaints.
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#9 BID AWARD: Mayor Bueker referred to the recommendations of City
Staff and Engineer of awarding the bid on the two
metal buildings to Tommie Crouch on his alternate bid of $22,908.00.
Mr. Miller of Quality Steel Builders, one of the bidders, requested clarification
on this as he could find no place in the specifications saying a bidder could
enter an alternate bid.
Attorney Harris studied the bids and specifications and could find nothing
wrong with accepting the bid with deviations of Tommie Crouch as the Specifi=
cations state the bidders can list deviations.
Mr. Miller contented the City could not get an lIengineer1s seal" on a building
of the type Mr. Crouch intended building under his alternate bid, which is
called for on the specifications.
After further discussion Mr. Schneider moved to put this item on the agenda for
the next Council meeting. Mrs. Hyatt seconded the motion which carried with
the following vote:
AYES:
NAYS:
Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt.
None
At this time Mayor Bueker asked to go back to itsm #4 and #5 as the Engineer
had finished his tabulations.
#4 (Continued) Awarding of bid on Water Improvements on IH 35 Trunk Line.
Mr. Gaddis reported the three lowest bids were all good bids and very close.
Council discussed and considered the bids as tabulated.
Mr. Howe moved to award the bid on the Water Improvements and IH 35 Truck Line
to Cullum and Dickehut Construction Company of Marble Falls in the amount of
$266,273.25 plus 9% engineering fees and authorize the Mayor to sign the contract.
Mr. Seeba seconded the motion which carried with the following vote:
AYES:
t JA Y S :
Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt.
None
#5 Awarding of bid on Street Improvements. Mr. Gaddis reported the three
lowest bids tabulated correctly but he would recommend awarding the contract
to Colglazier Construction Company even though they were not the lowest, as he
could not recommend Austin Paving Company the low bidder.
Mr. Schneider moved to award the bid on the Street Improvements to Colglazier
Construction Company in the amount of $19,670.25 and authorize the Mayor to
sign a contract. Mr. Sharpe seconded the motion.
There followed a discussion of the specifications as explained by Mr. Gaddis,
including the possibility of paving Pfeil Street if monies are available after
Deer Haven/Oak Forest paving project is completed.
Mayor Bueker called for a vote on the motion which carried as follows:
AYES:
NAYS:
Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt.
None
382
Mr. Harris reminded the Council that bids cannot be increased even with
agreement for more than 25% without going out for new bids.
#10 BID AWARD: Council discussed the sale of City owned parcels
at 808 and 812 Main street. The bids received
were much lower than the original appraisal from Urban Renewal and also
the new appraisal made by the Tax Assessor/Collector of the City. After
further disucssion, Mayor Bueker suggested Council evaluate in their own
minds if they wanted to consider these reduced bids and make their decision
at a later meeting.
Mrs. Hyatt moved to postpone awarding bids on these two parcels of land until
the first regular meeting in May. Mr. Schneider seconded the motion which
carried with the following vote:
AYES:
NAYS:
Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt.
None
#11 HOUSING AUTHORITY: There were no representatives of the Housing
Authority present as Mr. Trent had to be out of
town and Mr. Bullock, the Executive Director, felt he was not qualified to speak
on behalf of the appointed Commission.
Mayor Bueker read the reply from City Attorney Harris as to the powers of the
City Council to supervise the actions of the Housing Authority Commissioners,
which included in part the following: "in the planning and location of any
housing project, the Housing Authority must take into consideration the
relation of the proposed project to any larger or long-range program for the
development of the City and the Housing Authority must seek and obtain the
approval of the governing body of the local municipality making a grant under
the Act."
Mayor Bueker said that in view of the above, the Council recommend to HUD they
return the proposals and the Housing Authority proposal be sent to the City
Planning and Zoning Commission for their consideration.
Mrs. Hyatt moved to write a letter to HUD over the Mayor's signature, recommend-
ing the final proposal for the Elderly Housing Project be routed through the
City Planning & Zoning Commission and City Staff to ensure the location conforms
to the Comprehensive Development Plan and assure compliance with ordinances and
regulations enacted by the City. Mr. Seeba seconded the motion which carried
with the following vote:
AYES:
NAYS:
Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt.
None
#12 RESOLUTION: Mayor Bueker introduced the following captioned resolution
which was read in full by the City Manager. The Council
then considered the resolution after which Mr. Seeba moved to adopt the resolu-
tion as read. Mr. Sharpe seconded the motion which carried with the following
vote:
AYES:
NAYS:
Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt.
None
j~3
RESOLUTION NO. 76-R-5
A RESOLUTION SUPPORTING THE COMMUNITY EDUCATION CONCEPT
OF THE SCHERTZ-CIBOLO-UNIVERSAL CITY INDEPENDENT SCHOOL
DISTRICT.
#13 CCMA: This item was canceled.
Mayor Bueker asked the Council to consider item #18 at this time as Mr. Fox
was present.
#18 PAYMENT AUTHORIZATION: Council considered the request to pay Mr.
Toye Fox's appraisal fee. Mr. Darrell Farr
Community Development Coordinator, reported all the appraisals have been made
and reviewed by the Tax Assessor/Collector and found to be fair, on the South
Schertz Project.
Mr. Seeba moveff to authorize payment in the amount of $2,010.00 to Mr. Toye
Fox for his appraisals and to accept the appraisals as made. 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
#19 LAND ACQUISITION: Mr. Arnold suggested this item be considered at this
time as it concerned the appraisals as made. Mr.
Farr briefed the Council on the response received from letters requesting pro-
perty owners in the project to either donate or sign an acquisition agreement.
Mr. Seeba moved to authorize Darrell Farr ~o acquire property at appraised
value or by donation and advise the Council of the exceptions at the May 4th
meeting, at which time Council decisions can be made on the exceptions. Mr.
Sharpe seconded the motion which carried by the following vote:
AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt.
NAYS: None
#14 DRAINAGE: Mr. Arnold briefed the Council on the background discussions
with Mr. Ehlers of the State Department of Highways and
Public Transportation concerning their proposal of the City's participation
in the construction of a cement stabilized base ditch on FM 78 to help alleviate
the bad drainage existing in the south ditch on FM 78 from 100' east of Lone
Oak to 100' west of the driveways into Reidel IS Furniture Store. The ditch
would be some 1600 feet long and 15 feet wide. The City's portion of partici-
pation would be $4,400 if the project is accepted by the City of Schertz.
Mr. Sharpe moved to authorize the City Manager to forward to the State Department
of Highways and Public Transportation a check in the amount of $4,400.00 for the
City's portion of this project. 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
384
#15 ORDINANCE: The Mayor introduced the hereinafter set forth
ordinance, which has been read and considered at
the last regular meeting of the City C04ncil on the 6th day of April, 1976.
It was determined 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 Mrs. Hyatt and seconded by Mr. Sharpe that said
ordinance be finally passed and adopted as amended. 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. Howe, Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt.
NAYS: None
ORDINANCE NO. 76-D-3
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
COLLECTION 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 PROVISIONS FOR THE COLLECTION
OF FINES BY EXECUTION AGAINST PROPERTY OF DEFENDANTS OR BY THE
IMPRISONMENT OF DEFENDANTS; PROVIDING FOR PUBLICATION OF THIS
ORDINANCE; AND CONTAINING OTHER PROVISIONS PERTINENT TO THE
SUBJECT HEREOF.
#16 FINAL PAYMENT AUTHORIZATION: Mr. Gaddis, City Engineer,discussed
with Council the finalization of the
contract with Universal Tank and Iron Works, Inc. for the construction of water
tower.
Mr. Seeba moved to authorize the signing of certificates of completion and to
pay Universal Tank and Iron Works, Inc. final retainage monies for the water
tower in the amount of $725.19. 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
#19-A VON SCHEELE REZONING REQUEST: After Council discussion and consider-
ation of the rezoning request, Mrs.
Hyatt moved to deny Mr. Von Scheele's request for consideration for a zoning
change from R-2 to R-4 of a 3 acre tract of land located on Live Oak Road.
Mr. Schneider seconded the motion.
Further discussion followed, which brought out that even though the Housing
Authority did not consider this parcel for their elderly housing project,
Mr. Von Scheele had not requested to withdraw his request. For this reason
Mr. Schneider withdrew his second and then Mrs. Hyatt withdrew her motion.
Mr. Schneider moved to postpone any action on this request. Mrs. Hyatt
seconded the motion which carried with the following vote:
085
AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt.
NAYS: None
#20 GENERAL DISCUSSION: A. Mr. Schneider asked the status of the water
contracts with the City of Cibolo and Schaefer
Road Rural Water Supply District. Mr. Arnold said that a meeting date was
finally arrived at for the auditors of Schertz and Schaefer Road to meet as
requested, that date being April 21, 1976. Mr. Gaddis briefed the Council
on the meeting with Cibolo officials in which Cibolo is undecided as to
whether they will renew the contract with Schertz or extend a water line and
buy water from Green Valley Water District.
Mr. Arnold said he would write both entities and get a commitment date from
each as soon as possible.
B. Mr. Arnold briefed the Council on the procedures City Staff have set out
for enforcement of the Subdivision Ordinance.
C. There was a short discussion of the meetings being held on the energy
problem and what is being done in that direction.
#21 ADJOURNMENT: Mrs. Hyatt moved the meeting be adjourned at 11 :12
P.M., which motion was duly seconded and carried
unanimously.
~~~
Mayor, City of Schertz, Te~~s
ATTEST:
a.l.':1P./j-{, K,f)..ILC?O _
cy Secretary, cny of Schertz