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ccreg 06-01-1976 ;)U 1 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. 3~2 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. .) u ".) ~Ju~) #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 ;3U5 #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: 3~G 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