08-06-1974~~~
REGULAR MEETING OF THE CITY COUNCIL
AUGUST 6, 1974
The Schertz City Council convened in Regular Session,
Tuesday, August 6, 1974 at 7:03 P.M, in the Council Chambers
608 Live Oak Road with the following members present; Mayor
Robert C. Bueker, presiding; Councilmembers Donald J. Seeba,
Nell G. Funk, Bobbie L, Koch, and Tom Koole. Absent: Robert
E. Schwartz. Also present: City Manager Denny L. Arnold, City
Secretary June G. Krause, City Engineer Howard W. Gaddis and
Attorney for the City Richard W. Harris..
~kl APPROVAL OF MINUTES: A. Mrs. Funk moved the minutes
of the Public Hearing of
July 16, 1974 be approved as written. Mr. Seeba seconded the
motion which carried with the following vote:
Ayes: Mrs. Funk, Mr. Seeba, Mr. Koole and Mrs. Koch.
Nays: None.
B. Mr. Seeba moved to approve the minutes of the Regular
Meeting of Julyy l~, 1974 as presented with the exception that
Item No. 4 - Conflict of Interest, be deleted in its entirety.
Mrs. Funk seconded the motion.
After lengthy discussion, Mr. Seeba asked for a vote call as
follows:
Ayes: Mr. Seeba and Mrs. Funk
Nays: Mr. Koole and Mrs. Koch. Mayor Bueker voted "Nay"
to break the tie.
Motion failed to carry.
Mr. Seeba then moved the minutes of the Regular Meeting of
July 16, 1974 include Mr. Schwartz's statement in rebuttal to
Mr. Koole's charges on Item No. 4, Conflict of Interest, and
include a complete resume of what was said. Mrs.Funk seconded
the motion, which carried by the following vote:
Ayes: Mr. Seeba, Mrs. Funk and Mrs. Koch.
Nays: Mr.: Koole.
Mr. Schwartz's statement: I would like to go down your list
of details. Regarding sales made
by Nationwide papers to the City of Schertz in 1972 while I
was a sales representative of that company and was serving on
the City Council of Schertz. I plead guilty of that but I
think you will find Mr. Arnold or June Krause called in these
orders. I was not paid any money for these sales. In fact,
I was not a sales representative but a marketing manager. I
delivered these orders only.
Regarding the statement on September 25, 1973, Council agreed
they could see no conflict of interest in volved in my
applying for a position with GVEC. I applied with GVEC in
1968, early 1973 and again in December of 1973.
GVEC holds a 25 year Franchise, this is for the benefit of the
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City and citizens of Schertz. If I am in conflict of interest,
everyone on the Council is because each of us is a member of
GVEC.
On November 20, 1973 the Council received bids from three insurance
companys for the proposed City pension plan. I did move to table
the item at that time, since Mr. Arnold had requested time for the
City staff and professional analyst, hired for this purpose, could
study these plans further. I did not even know Mr. Bernard's son
worked for Tri City Insurance Company at that time. I did move to
accept the Tri City bid after the City Staff and professional man
hired for that purpose said this was the best of the three bids.
I have been doing a little research of my own. When did you move
to Schertz, Mr. Koole?"
Mr. Koole said he couldn't remember the exact date. Mr. Schwartz
said it was in September 1972 and according to the Texas Election
Code Article 1.05-1: "No person shall be inelgible to be a candi-
date for any elected public office in any City, regardless of its
class, by virtue of his age or length of residency within the city,
who is above the age of twenty one, is a qualified elector, and
has resided twelve months next preceding the election within the
city limits of such city." Mr. Schwartz then said Mr. Koole was
illegally on the Council because he was not a resident of this
City for 12 months. Mr. Koo1e replied that he met the residence
requirements before he filed for office.
Mayor Bueker asked: "Mr. Schwartz this is not in the form of a
counter charge, is it?" And Mr. Schwartz replied: "That`s right,
it is not in the form of a counter charge." Mr. Schwartz then
said he had no further defense to make at this time. "
Mr. Seeba moved the minutes of the Regular Meeting of
July 16, 1974 be approved as corrected. Mrs. Funk seconded the
motion which carried with the following vote:
Ayes: Mr. Seeba, Mrs. Funk, Mrs. Koch and Mr. Koole.
Nays: None.
C. Mrs. Funk moved to accept the minutes of the Special Meeting
of July 25, 19~ presented. Mr. Seeba seconded the motion,
which carried with the following vote:
Ayes: Mrs. Funk, Mr. Seeba, ~~ and Mr. Koole.
Nays: None
Abstaining: Mrs. Koch, she was not present at this meeting.
~~2 HEARING OF RESIDENTS:' A. Mr. Lutz of Mortgage Bankers
Corporation, who are managers
for_ the Val Verda Apartments, appeared to again request to in-
crease the percentage of the public assistance apartments from
lOlo to 201a or preferably 401x.
Mayor Bueker reminded Mr. Lutz it was only a few months ago the
Council did a study of this same request and turned it down.
However Council agreed to make another study and would advise
Mr. Lutz their findings.
124
B. Mr. Robert Jacobson of 504 Roanoke asked if the City is
dying anything about the drainage ditch behind his house.
Mr. Arnold and Mr. Johnson explained the City Engineer is
doing a study of all minor drainage problems in the City and
will bring his cost figures to the Council soon. This drain-
age problem is on his list.
~~3 PARK MONUMENT: Mr. Bob Broff, Chairman of the MIA-
KIA committee in the V.F.W. Post 8315,
addressed the Council concerning their request to place a monu-
ment in the City Park, dedicated to the residents of the area
who have been killed in action and to those who are missing in
action as a result of the Vietnam War.
Mr. Johnson, Park Supt., explained he and Mr. Broff had selected
a site in the park for the monument, should the Council agree.
The monument mould probably be of marble and the expected
dedication date is set for November 11, 1974.
Mrs. Koch moved the Council be receptive of this gracious offer
and accept the monument location as indicated on the plat sub-
mitted. Mr. Koole seconded the motion which carried with the
~~~ following vote:
Ayes: Mrs. Koch, Mr. Koole, Mrs. Funk and Mr. Seeba.
Nays : None .
~~4 ORDINANCE: Mayor Bueker introduced the following
captioned ordinance which was read in
full. Mrs. Funk moved that said ordinance be considered by
the Council as an emergency measure. Said motion was seconded
~,~j~' by Mrs. Koch. 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 was approved and adopted by the following vote:
Ayes: Mrs. Funk, Mrs. Koch, Mr. Seeba and Mr. Koole.
Nays: None.
The Mayor then introduced the hereinafter set forth ordinance
as an emergency measure. Thereupon it was moved by Mrs. Funk
and seconded by Mrs. Koch 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: Mrs. Funk, Mrs. Koch, Mr. Seeba and Mr. Koole.
Nays: None.
AN ORDINANCE BY THE COUNCIL OF THE CITY OF
SCHERTZ, TEXAS CANVASSING THE RETURNS AND DE-
CLARING THE RESULTS OF A BOND ELECTION HELD
IN SAID CITY ON THE 27TH DAY OF JULY, 1974.
1?~
~~5 CONFLICT OF INTEREST: Mr. Koole asked Mr. Harris,
Attorney for the City, for his
interpretation of Article 12.01 of the City Charter.
Mr. Harris explained this Article is almost a word for word ver-
batLmm copy of the Penal Statute which was repealed at the last
legisture when the new penal code was adopted; but feels this
provision of the Charter is still valid. He went on to explain
that it says a person forfeits his office if he is convicted but
to be convicted you have got to be convicted by a court, presume-
ably. Mr. Harris said he could interpret the first portion but
could not say exactly how to enforce it.
~~6 RESOLUTION: Mr. Arnold read Resolution No. 74-R-5 1,~, ; ti!~-
adopting an affirmative Action Plan for
Equal Employment Opportunity in the City of Schertz.
Mrs. Koch moved to adopt Resolution No. 74-R-5. Mr. Seeba seconded
the motion which carried with the following vote:
Ayes: Mrs. Koch, Mr. Seeba, Mr. Koole and Mrs. Funk.
Nays: None.
A RESOLUTION ADOPTING AN AFFIRMATIVE ACTION
PLAN FOR EQUAL EMPLOYMENT ~~PPORTUNITY IN THE
CITY OF SCHERTZ.
~~7 STORM SEWER EXTENSION: Mayor Bueker explained to the
audience the Council's request
to change plan of the Urban Renewal Storm Sewer Drainange Con-
struction Plan to accomodate Live Oak Road drainage.
Mr. Seeba moved to authorize Mayor Bueker to sign a letter of this ~.
request to the Executive Director of the Schertz Urban Renewal ~.~; ? ~ t:
Agency. Mrs. Koch seconded the motion which carried with the
following vote:
Ayes: Mr. Seeba, Mrs. Koch, Mrs. Funk and Mr. Koole.
Nays: None.
~~8 COUNCIL POSITIONS: In accordance with Article IV,
Section 4.01 of the City Charter
the following City Co:_ncil Positions were selected by random
drawing:
Election for these positions in 1976:
Mayor
Place 1
Place 2
Robert C, Bueker
Nell G, Funk
Donald J. Seeba
Election for these positions in 1975:
Place 3
Place 4
Place 5
Tom Koole
Robert E. Schwartz
Bobbie L. Koch
i~~
~~9 CAC APPOINTMENT: As the Citizens Advisory Committee
Chairman could not be present to
answer questions, Mrs. Koch moved to table the appointment of
Mr. Walt Mentzer to the CAC until the membership roster is
made clear. Mr. Seeba seconded the motion which carried with
the following vote:
Ayes: Mrs. Koch, Mr. Seeba, Mrs. Funk and Mr. Koole.
Nays: None.
~~IO CAC MINUTES: Mrs. Funk moved to accept the minutes
of the CAC meeting of June 27, 1974 as
written. Mrs. Koch seconded the motion which carried with
the following vote:
Ayes: Mrs. Funk, Mrs. Koch, Mr. Koole and Mr. Seeba.
Nays: None.
~~11 ANIMAL CONTROL: Mr. Arnold explained his request to
increase the Animal Control Officer's
contract payment for the last quarter of the year stating the
job had expanded to be much more time consuming than anticipated.
Mr. Koole moved to increase the contract payment of the Animal
Control Officer from $300 to :x350 monthly for the last quarter
~D,~ of the year, with the stipulation that during budget review the
Council will consider another $50 if funds are available.
Mrs. Koch seconded the motion which carried with the following
vote:
Ayes: Mr. Koole, Mrs. Koch, Mrs. Funk and Mr. Seeba.
Nays: None.
~k12 P&Z MINUTES: Mr. Seeba moved to accept the minutes
of the Planning ?~ Zoning Committee
meeting of July 24, 1974 as presented. Mrs. Funk seconded
the motion which carried with the following vote:
Ayes: Mr. Seeba, Mrs. Funk, Mrs. Koch and Mr. Koole.
Nays : None .
~~13 GENERAL DISCUSSION: There were no general discussion
items at this time.
~k14 PREVIOUSLY TABLED SUBJECTS: 1. Sewer Collection Lines
in Deer Haven - It
will probably be 12 years before this can be accomplished.
2. Industrial Park - There are some negotiations going on at
this time for development but the trans-
actions have not been finalized as yet.
3. Annexations - Mayor Bueker briefed the council on a meeting
of the City Manager, Utility fiuperintendent,
City Engineer and City Attorney and himself concerning a pro-
posed Municipal Utility District in Schertz ETJ south of I35.
~.
Mayor Bueker eYplai_~~ed there are three possible ways this MUD
could affect the City of Schertz and he will pursue further
and keep the Council informed.
4. Drainage Improvetnerts - Nothing new to report at this time.
5. Rittiman Water System - Mr. Gaddis will go with Mrs. Rittiman
to read meters this month in order
to determine the condition of the meters as well as the readings
correctness. He said the well on the system is of no value to
the City; but the pressure pump might be of some use in an emer-
gency.
6. Schaefer Road Rural Water System - City staff is working
on this but has nothing
to report at this time.
Mrs. Funk moved the meeting be adjourned at 9:42 P.M.
Motion was duly seconded and carried.
Mayor, City of Schertz
ATTEST:
C" ecretary, ity of Schertz