ccreg 06-01-1976
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E. Mr. Arnold discussed with the Council the subject of Cibolo and Schaefer
Road Water Districts contracts with the City and recommended the City go to
arbitration to settle the rates as both entities seem to be delaying making a
decision. Council agreed with Mr. Arnold's recommendation and asked the City
Attorney to prepare a letter to that effect.
#6 ADJOURNMENT: Mrs. Hyatt moved the meeting be adjourned at 10:15 P.M.
The motion was duly seconded and carried unanimously.
~~
Mayor, Clty of Schertz, Texas
ATTEST:
al'~ );j.k-~~o
Ci~ecretary, City of Schertz
REGULAR MEETING OF THE CITY COUNCIL
JUNE 1, 1976
The Schertz City Council convened in Regular Session Tuesday, June 1, 1976
at 7:00 P.M. in the Council Chambers, 401 Oak Street, with the following mem-
bers present: Mayor Robert C. Bueker, presiding; Richard L. Howe, Walter F.
Schneider, Ed L. Sharpe and Gail Hyatt. Absent: Mayor Pro Tern Donald J. Seeba.
Also present: City Manager Denny L. Arnold, City Attorney Richard W. Harris,
City Engineer Howard W. Gaddis and City Secretary June Krause.
#1 APPROVAL OF MINUTES: Mr. Schneider requested the minutes of the
Regular Meeting of May 18, 1976 be corrected to
reflect that Mr. Howe did not vote on items No.1 and No.3 as he was not
present until later in the meeting.
Mr. Schneider moved to accept the minutes of the Regular Meeting of May 18, 1976
as corrected. Mrs. Hyatt seconded the motion which carried with the following
vote:
AYES: Mr. Howe, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt.
NAYS: None
#2 HEARING OF RESIDENTS: A. Mr. Jesse Graham, General Manager of Cibolo
Creek Municipal Authority, announced the
Dedication Ceremonies of the CCMA Plant for June 9, 1976 at 6:00 P.M., inviting
the Council to attend that and the social and dinner following.
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B. Mr. Graham also issued a challenge to the Council and Staff for a Tri-
Cup Invitational (basketball, volley ball and baseball) by the CCMA Board
and Staff at the City's First Annual 4th of July Jubilee, which was accepted
by the Council and Staff.
#3 PLANNING & ZONING COMMISSION MINUTES: Mr. Howe moved to accept the
minutes of the Planning and
Zoning Commission meeting of May 26, 1976 as presented. Mr. Sharpe seconded
the motion which carried with the following vote:
AYES: Mr. Howe, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt.
NAYS: None
#4 CITIZENS ADVISORY COMMITTEE MINUTES: Mr. Schneider moved to accept
the minutes of the Citizens
Advisory Committee meeting of May 20, 1976 as presented. Mr. Sharpe seconded
the motion which carried with the following vote:
AYES: Mr. Howe, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt.
NAYS: None
#5 DEER HAVEN #3 PLAT: Mayor Bueker explained for the benefit of those
citizens present that this item concerned the
request to fence a road and utility easement in Deer Haven Unit #3. He then
recessed the regular meeting at 7:17 P.M. in order to call an Executive Session
for review of this item with the City Attorney, under Section 2 (e) of the
Open Meeting Law.
The Regular Session of the City Council was reconvened by the Mayor at 7:54 P.M.
Mayor Bueker said in summation of the discussion, the basis of consideration
is that the City has no involvement in the easement. The legal interpretation
is that a road easement constitutes a road and right-of-use by the public at
large and the City therefore has no obligation other than to keep the road
open for public use.
Mr. Sharpe moved that in view of the fact the Deer Haven Subdivision #3 plat
confirms the particular easement as a road and utility easement, the City
maintain the position that this is a publicly dedicated right-of-way with
right of passage and therefore it be kept open. Mr. Schneider seconded the
motion which carried with the following vote:
AYES: Mr. Howe, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt.
NAYS: None
The Mayor explained to Rubin Beck, subdivision developer, and Mr. Jupe, owner
of the property in question, that by this motion the Council is absolving
the City of any implication in the case on the basis of what was stated in
the motion. However, he explained there are alternatives that can be taken
and explained those alternatives.
Mr. Beck stated that if this is in fact a public road, he wanted it taken off
his tax statement. He went on to say he would like for the utility men in the
future to stay off his property and not dump rocks and tree limbs on his pro-
perty and to start maintaining the streets in unit #3 of Deer Haven.
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#6 WATER CONTRACTS: Council discussed the water contracts with the City
of Cibolo and Schaefer Road Rural Water Supply
District. Letters containing counter proposals were reviewed from both entities.
The City of Cibolo proposed to pay to the City of Schertz $.35 per thousand
gallons with Schaefer Road proposing to pay $.50 per thousand gallons of water.
After reviewing the contracts, Mayor Bueker recommended notifying the two
entities that their proposals are unacceptable and the City will utilize
the arbitration clause of the contracts to reach a settlement.
Mr. Schneider moved to instruct the City Manager to notify both Schaefer
Road Rural Water Supply District and the City of Cibolo that as of August 9,
1976 their water rate charge will go up to $.60 per thousand gallons. Mr.
Sharpe seconded the motion which carried with the following vote:
AYES: Mr. Howe, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt.
NAYS: None
#7 LIABILITY INSURANCE: Mr. Arnold introduced Mr. Nick Brewer, City
Agent representing Muehl & Koebig Insurance
Company to discuss with the Council the possibility of purchasing Public
Officials Liability Insurance. Mr. Brewer said there is a very limited
market for this type insurance but he had obtained one policy designed to
protect the Public Official and full-time employees for a wrongful act.
On close examination of the policy, City Attorney Harris said he could not
see anything in the policy that the Company would ever have to pay one.
After further discussion, Mr. Sharpe moved to request the City Attorney to
draft a resolution to extend legal indemnity of Public Officials and staff
in any action concerning their duties. Mr. Schneider seconded the motion
which carried with the following vote:
AYES: Mr. Howe, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt.
NAYS: None
#8 WATER SERVICE REQUEST: Mr. Monroe Wetz, who lives in the city limits
of Garden Ridge, has requested the City of
Schertz to furnish water to his property. He stated in his letter of request
that he already has a line under FM 3009 for this purpose. Mayor Bueker
review Mr. Wetz' previous request for service stating we could not provide it
at that time but the City could now with the completion of the new water
tower and line in that area.
Council discussed the necessity of a policy for furnishing water outside the
city limits and within and without our ETJ. The City Manager was requested
to pursue the drafting of an amendment to the ordinance establishing rates
to thi s effect.
Mr. Sharpe moved to proceed along the lines of granting Mr. Wetz' request
for water service upon approval of Garden Ridge and the enactment of an amend-
ment to the Ordinance setting rates for outside the city limits and in the
ETJ. Mr. Schneider seconded the motion which carried with the following vote:
AYES: Mr. Howe, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt.
NAYS: None
394
#9 PROPERTY LEASE: Council discussed leasing the property at
812-814 Main Street as requested by Wayne
Schneider of Schneider's Cabinet Shop for the purpose of displaying
portable utility buildings.
Mrs. Hyatt moved the City Manager be instructed to contact Mr. Rudolfo
Del Tora to give him the opportunity to make a request to lease this
property based on his bid to purchase this property, with the City Manager
bringing his answer to the next regular meeting. Mr. Sharpe seconded
the motion which carried with the following vote:
AYES: Mr. Howe, Mr. Sharpe and Mrs. Hyatt.
NAYS: None
ABSTAINING: Mr. Schneider
#10 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. Schneider, Mr. Sharpe and Mrs. Hyatt.
NAYS: None
The following captioned ordinance was then discussed and fully considered by
the Council:
AN ORDINANCE AUTHORIZING AND DIRECTING
THE EXECUTION OF A DEED
Whereupon Mr. Sharpe moved that said ordinance be futher considered at the
next regular meeting of the City Council to be held on the 15th day of June
1976, which motion was seconded by Mrs. Hyatt and which carried by the follow-
ing vote:
AYES: Mr. Howe, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt.
NAYS: None
#11 COMMUNITY DEVELOPMENT: Mr. Arnold explained that besides the
three parcels under negotiation, Nos.
23, 25 and 19, there is only one right-of-way acquisition not completed.
The owner is out of state but has indicated he will accept the appraised
value and send the paper work back as soon as possible. Council then dis-
cussed the three parcels of which the owners are not in agreement with the
appraised values and have requested additional monies.
Mr. Howe moved to authorize Mr. Farr, Community Development Coordinator, to
negotiate the acquisition of street right-of-way easements as follows:
$452.00 for Parcel #19, $150.00 for parcel #23 and $250.00 for parcel #25.
Mr. Schneider seconded the the motion which carried with the following vote:
AYES: Mr. Howe, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt.
NAYS: None
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#12 WATER PLAN REVIEW: City Engineer Howard Gaddis presented a plat
of the water line layout on the South Schertz
Project. After discussion, the Mayor introduced the following captioned
resolution which was read in full by the City Manager. Mr. Sharpe moved
to approve the resolution as read and authorized the City Engineer to
advertise for bids. Mrs. Hyatt seconded the motion which carried as follows:
AYES: Mr. Howe, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt.
NAYS: None
A RESOLUTION DIRECTING THE CALLING FOR BIDS FOR
"WATER SYSTEM IMPROVEMENTS, BUFFALO VALLEY SOUTH
CITY OF SCHERTZ, TEXAS."
#13 SEWER RATE REVIEW: Mr. Arnold explained the application of the
concept of sewer rate charges as agreed upon
by the Council at the last regular meeting.
There was discussion of the method of handling unoccupied residential houses
with no definite method being agreed upon. Council was in agreement to
categorize apartments as businesses.
#14 MUNICIPAL COMPLEX: Mr. Arnold recommended to the Council that he,
along with the help of Tom Anderlitch and Howard
Gaddis, confer with an architect and bring that architect before the Council
to be interviewed for approval, since both the Planning and Zoning Commission
and Citizens Advisory Committee have recommended proceeding with preliminary
plans and discussion for a Municipal Complex. This architect would advise us on
the proper processes of how best to achieve the final desired results.
After further disucssing and declaring the Council has a feeling of need for
a municipal complex, it was Council decision to have Planning and Zoning
Commission recommend preliminary site selection before interviewing an
architect.
#15 AMBULANCE SALE:
Mr. Sharpe moved to authorize the Mayor and staff
to negotiate the sale of the 1961 Cadillac Ambulance
Mr. Schneider seconded the motion which carried with
to the City of Converse.
the following vote:
AYES: Mr. Howe, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt.
NAYS: None
#16 CAC APPOINTMENT: Mr. Schneider moved to appoint Mr. Cordell C.
Smithfield, 317 Pecan Drive, to the Citizens
Advisory Committee. Mr. Sharpe seconded the motion which carried with the
fo 11 owi ng vote:
AYES: Mr. Howe, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt.
NAYS: None
#17 PAYMENT AUTHORIZATION: After Council consideration, Mr. Howe
moved to pay Hayden Sales Company contractor's
Estimate #2 for the Swimming Pool contract in the amount of $23,182.94. Mr.
Schneider seconded the motion which carried with the following vote:
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AYES: Mr. Howe, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt.
NAYS: None
#18 PAYMENT AUTHORIZATION: After Council discussion, Mr. Howe
moved to pay Cullum and Dickehut Con-
struction Company contractor's Estimate #1 for the Water System Improve-
ments in the amount of $100,130.36. Mr. Schneider seconded the motion
which carried with the following vote:
AYES: Mr. Howe, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt.
NAYS: None
#19 PAYMENT AUTHORIZATION: Mrs. Hyatt moveG to pay Howard Gaddis
engineering fees based on the Water
System Improvement contract in the amount of $17,973.44. Mr. Schneider
seconded the motion which carried with the following vote:
AYES: Mr. Howe, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt.
NAYS: None
#20 SWIMMING POOL CHANGE ORDER #1: Mr. Arnold explained there is
sufficient funds within the bond
issue to pay for this change order. Mr. Howe moved to approve Change Order
#1 to the Swimming Pool Construction Contract for the purchase and installation
of a 3 meter diving tower with 16 foot diving board (alternate #8 of bid).
Mrs. Hyatt seconded the motion which carried with the following vote:
AYES: Mr. Howe, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt.
NAYS: None
#21 NEWSLETTER REVIEW: After review of the May newsletter prepared
by City Staff, Mr. Sharpe moved to approve
the May Newsletter as presented. Mr. Schneider seconded the motion which
carried with the following vote:
AYES: Mr. Howe, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt.
NAYS: None
#22 GENERAL DISCUSSION: The only item for discussion was that Mayor
asked if the Fire Department tank truck is
still going to be painted, even tho school is out, by the School shop.
Chief Schoonover assured him it would be completed.
#23 ADJOURNMENT: Mrs. Hyatt moved the meeting be adjourned at 12:56
A.M. which motion was duly seconded and carried
unanimously.
Ma&~ sc~s
ATTEST:
CkAA~~' ~/~
c~Secretary, City'of Schertz