ccreg-10-04-1977
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REGULAR MEETING OF THE CITY COUNCIL
OCTOBER 4, 1977
The Schertz City Council convened in Regular Session, Tuesday, October 4,
1977 at 7:00 P.M. in the Council Chambers, 401 Oak Street, with the follow-
ing members present: Mayor Robert C. Bueker, presiding; Richard L. Howe;
Walter F. Schneider, Earl W. Sawyer; and Earl Johnson. Also attending
were City Manager Denny L. Arnold, City Engineer Howard W. Gaddis, City
Attorney Richard L. Harris, and City Secretary June G. Krause.
#1 APPROVAL OF MINUTES: A. Mr. Schneider moved to approve the minutes
of the Special Meeting of September 9, 1977
as presented. Mr. Johnson seconded the motion which carried with the follow-
ing vote:
AYES: Mr. Howe, Mr. Schneider, Mr. Sawyer and Mr. Jonnson
NAYS: None
B. Mr. Howe moved to approve the minutes of the Public Hearing of September 20,
1977 as presented. Mr. Schneider seconded the motion which carried with the
fo 11 owi ng vote:
AYES: Mr. Howe, Mr. Schneider, Mr. Sawyer and Mr. Johnson
NAYS: None
C. Before the minutes of the Regular Meeting of September 20, 1977 could be
approved, Mr. Schneider asked that on Item #12 Vehicle Policy, his motion
be changed to reflec the following: "Mr. Schneider moved that excluding the
Police Department, that the Streets and Parks and Water and Sewer Departments
only standby men are authorized to take a vehicle home and the remainder of
vehicles are to be parked at the yard. II
Mr. Sawyer asked that the following be inserted in the discussion of item #12
on the Budget Ordi nance: "Mr. Sawyer made note of the fact that no agreement
at the Sunday, September 18th, meeting was made that there would be a water
rate increase. II
Mr. Johnson asked that his motion on Item #7 be corrected to read as follows:
"Mr. Johnson moved to approve the budget as presented contingent upon receipt
of various ways to raise the water rates by $20,000.00 to meet the expenditure
of the budget as outlined."
The City Secretary checked the tape of this meeting to be sure the motion as
stated above was the first one made at the meeting of September 20, 1977, and
found Mr. Johnson to be correct.
Mr. Sawyer moved to approve the minutes of the Regular Meeting of September 20,
1977 with the recommended changes made above. Mr. Schneider seconded the
motion which carried with the following vote:
A YES: r~r. Howe, Mr. Schnei der, Mr. Sawyer and Mr. Johnson.
NAYS: None
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#2 HEARING OF RESIDENTS: Mrs. Hyatt requested time for Item #5. David
Dennis encouraged the Councilmembers to com-
plete the interview they had been given and return to either him or City Hall.
Mr. Ed Sharpe addressed the Council concerning the two positions frozen in the
1977-78 Budget. He sai d he had 1 ittl e<lknowledge of the Util ity Department but di d
the Police Department, stating it is increasingly unsafe for an officer to work
alone. Cutting the position reduces the patrol capability and he would urge
the Council to reconsider these positions.
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#3 P&Z MINUTES: Mr. Schneider moved to accept the minutes of the Plan-
ning and Zoning Commission of September 14, 1977. Mr.
John$on seconded the motion which carried with the following vote:
AYES: Mr. Howe, Mr. Schneider, Mr. Sawyer and Mr. Johnson
NAYS: None
#4 BOA MINUTES: Mr. Schneider moved to accept the minutes of the Board
of Adjustment meeting of September 26, 1977. Mr. Sawyer
seconded the motion which carried with the following vote:
!AYES: Mr. Howe, Mr. Schneider, Mr. Sawyer and Mr. Johnson.
NAYS: None
#5 COUNCIL REPLACEMENT: Mayor Bueker explained this item is for Council
to consider someone for the replacement of Don
Seeba, who has resigned. Mr. Schneider said he would like to see the indivi-
dual who has been attending all Council meetings, be appointed; he then nomi-
nated Mr. Merwin Willman of 310 Mitchell Avenue. Mr. Sawyer seconded the
nomination.
Mayor Bueker said the Council should take into consideration the recommendations
of Mr. Seeba and consider the two who ran in the last election that did not win;
name1y; Ed Sharpe and Sherman Davis. Mr. Johnson agreed, saying the position
shou1d be offered to the highest vote recipient who was not elected and if he
refused, then offer it to the next highest; if neither accepted, then ask Mr.
Willman.
Mrs. Hyatt, former Councilwoman, addressed the Council saying she wanted them
to consider the fact that Mr. Sharpe has been on the Council and knows the
probilems of Councilmen. There is a lot to learn as far as procedures, etc.
that! affect decision making of the City. She also stated that anyone who
wanted to could have run in the last election.
Mayor Bueker asked both Mr. Willman and Mr. Sharpe if they would be willing to
accejpt and both said they would. He then asked the Council to consider both
as Mr. Willman has served on the Board of Equalization and Mr. Sharpe on the
Council and as a Reserve Police Officer.
Mr. Schneider moved to appoint Mr. Willman, 310 Mitchell Avenue, to the posi-
tion vacated by Don Seeba (Place 2), as he has attended all Council meetings.
Mr. Sawyer seconded the motion which carried with the following vote:
AYES:
NAYS:
Mr. Howe, Mr. Schneider and Mr. Sawyer
Mr. Johnson, based on the reasons previously stated.
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Mr. Howe stated that he wasn't voting against Mr. Sharpe but at the last
election the people voted against Mr. Sharpe because they wanted a new
man on the Councol.
At this point, Mayor Bueker gave the oath of office to Mr. Willman, who
then took his seat on the Council.
#6 RESOLUTION: Mayor Bueker introduced the following captioned reso-
lution, which had been read at the previous Council
meeting. He briefed the Council on his conversations with Senator Traeger,
Representative Bock, Representative Al Brown, Judge Baker and District
Highway Engineer Ramond Stotzer, in which he received the support of all.
Particularly Mr. Stotzer, who disagreed with the time limitations of 7 to
9 years, sayi ng that any acti on taken on the name change of FM 78 woulld not
add any time. Mayor Bueker said that ultimately the designation should be
for a U.S. Highway but first have to obtain State classification.
After further discussion, Mr. Howe moved to pass the resolution as presented.
Mr. Schneider seconded the motion which carried with the following vote:
AYES: Mr. Howe, Mr. Schneider, Mr. Sawyer,Mr. Johnson and Mr. Willman
NAYS: None
RESOLUTION NO. 77-R-20
A RESOLUTION REQUESTING THE STATE HIGHWAY AND PUBLIC
TRANSPORTATION COMMISSION TO CHANGE DESIGNATION OF
F.M. 78 TO U.S. 90A
#7 RESOLUTION: The Mayor introduced the following captioned Resolu-
tion establishing usage and rates for the New Commu-
nity Center. During the discussion, Council changed the following on
Exhibit IV: add to #5 - "other alcoholic beverages may be dispensed at
lessee"s discretion". Also add the following to #6 - "and paid by the
leesee".
Mr. Schneider moved to accept the resolution on rates and usage of the new
Community Center with the two changes above. Mr. Johnson seconded the
motion which carried with the following vote:
AYES: Mr. Howe, Mr. Willman, Mr. Schneider, Mr. Sawyer and Mr. Johnson.
NAYS: None
RESOLUTION NO. 77-R-21
A RESOLUTION OUTLINING COMMUNITY CENTER POLICIES, RULES,
RENTAL RATES AND LEASE AND RESERVATION AGREEMENTS.
#8 CONTRACT APPROVAL: Mayor Bueker explained the contract with the
Community Development Institute of SWTSU for
Comprehensive Plan Consulting Work. Council discussed th~ contract and
requested City Attorney Harris to examine the contract.
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As his examination would take some time, Mayor Bueker asked to move to item
#9 and come back to this item later in the meeting.
#9 CHANGE ORDER:
Council considered Change Order #5 to O. A. Fessenden
on the Municipal Complex Project. Mr. Arnold ex-
items on the change order. He also said he had
the return of monies on the Safety Glass requirment;'
plained the differenct
written EDA asking for
of a new law.
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Mr; Howe moved to accept Change Order #5 to O. A. Fessenden on the Municipal
Complex. Mr. Johnson seconded the motion which carried with the following
vote:
AYES: Mr. Howe, Mr. Willman, Mr. Schneider, Mr. Sawyer and Mr. Johnson.
NAYS: None
#10 PAYMENT ESTIMATE: Council considered Payment Estimate #7 to o. A.
Fessenden on the Municipal Complex.
Mr. Sawyer moved to approve Payment Estimate #7 to o. A. Fessenden on the
Municipal Complex, in the amount of $32,291.15. Mr. Howe seconded the
motion which carried with the following vote:
AYES: Mr. Howe, Mr. Willman, Mr. Schneider, Mr. Sawyer and Mr. Johnson.
NAYS: None
#11 PAYMENT ESTIMATE: Council considered Payment Estimate #7 to O. A.
Fessenden on the Community Center.
Mr. Howe moved to approve Payment Estimate #7 to o. A. Fessenden in the
amount of $4,796.52 on the Community Center Project. Mr. Johnson seconded
the motion which carried with the following vote:
AYES: Mr. Howe, Mr. Willman, Mr. Schneider, Mr. Sawyer and Mr. Johnson.
NAYS: None
#12 PAYMENT ESTIMATE: Council considered Payment Estimate #2 to May-
field Company on the sidewalk project.
Mr. Howe moved to approve Payment Estimate #2 to Mayfield Company in the
a~ount of $20,148.61. Mr. Johnson seconded the motion which carried with
the following vote:
AYES: Mr. Howe, Mr. Willman, Mr. Schneider, Mr. Sawyer and Mr. Johnson.
NAYS: None
#13 VEHICLE SALE: Mr. Arnold informed the Council that the car to be
sold was a police car that is out of commission.
Mr. Howe moved to approve the sale of the 1973 Plymouth at auction. Mr.
Schneider seconded the motion which carried with the following vote:
AYES: Mr. Howe, Mr. Willman, Mr. Schneider, Mr. Sawyer and Mr. Johnson.
NAYS: None
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#14 RESOLUTION: Council reviewed the vehicle usage and replace-
ment policy. Mr. Schneider questioned the placing
of oil changes and tire replacement under maintenance costs. Line B of
Section 1 of the attachment to this resolution. Mr. Schneider also asked
that the phrase "or subject to call" be deleted from #3 Control of Vehicle
Usage, first paragraph.
Both of these suggestions were discussed fully by the Council, after which
the Mayor asked each of the other Councilmembers to give their opinion of
the two points Mr. Schneider brought up. On the first, taking oil changes
and tire replacement from Line B, all but Mr. Willman (who wished to study
this document further before making a decision) agreed it should be left
as is. Council unanimously agreed that the phrase "or subject to call"
should be deleted from #3 Control of Vehicle Usage.
Mr. Howe moved to adopt the resolution on vehicle usage and replacement
policy with the change as agreed by Council. Mr. Schneider seconded the
motion which carried with the following vote:
AYES: Mr. Howe, Mr. Schneider, Mr. Sawyer and Mr. Johnson.
NAYS: None
ABSTAINING: Mr. Willman, who wished to further study the policy.
#15 WATER MAIN EXTENTION: City Engineer Howard Gaddis explained the
costs of water and sewer main extentions
on Pecan Drive, as initiated by a request from Mr. Bill Adams to provide
water and sewer service to his property on the south side of Pecan Drive.
Mr. Gaddis showed different ways these utilities could be brought to this
particular property.
Council discussed the factors involved in water main extentions and how
they coulc be financed; then decided they would like to have additional
information before finalizing on this subject.
Mr. Schneider moved to not take action on this subject at this time and put
it on the agenda of the next meeting. Mr. Howe seconded the motion which
carried with the following vote:
AYES: Mr. Howe, Mr. Willmam, Mr. Schneider, Mr. Sawyer and Mr. Johnson.
NA YS : None
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#16 WATER IMPROVEMENTS: Mr. Gaddis reported on some of the ideas for
capital improvements as brought out at a
Public Hearing for the Bond Election in 1974. He listed the following as
short range projects: (1) City to start negotiations for a third well site;
(2) eliminate three lift stations (Aero, by swimming pool and Live Oak Road
across from High School);(3) revitilize use of Universal City wells; (4)
extend service to El Rancho and Mobile Villa; (5) place a larger pump on
the Nacogdoches well; (6) extend service on Pecan Drive; and (7) look into
tying new well into the present system. Mayor Bueker stressed the need to
get a third well in the ground and cap it before the State agencies
clamp down.
Mr. Gaddis explained that (3) above would involve additional storage faci-
lities, which we will need to comply with state regulations soon.
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Mayor Bueker asked Mr. Gaddis if he would mak~ calculations as to costs of
these improvements and if not available, draft a set of engineering proposals
of what we need, taking into consideration all requirements of the 1974 Bond
isSue.
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#17 LEGAL MATTERS: Mr. Harris explained the disposition of the Austin
Paving Company suit and said he has asked for a
date for the Jupe case. He will also asked for a meeting to finalize, if
possible, on the Schaefer rebate questions.
#18 NEWSLETTER: Council reviewed the proposed newsletter for the month
of September, and added items on the closing of the
swimming pool, capital improvements and the appointment of a new Councilman
to replace Mr. Don Seeba.
#19 POLICY LETTER: After discussion, Mr. Schneider moved to adopt the
policy letter as presented on the subject of
certain off-duty activities of City personnel. Mr. Sawyer seconded the motion
which carried with the following vote:
AYES: Mr. Howe, Mr. Willman, Mr. Schneider, Mr. Sawyer and Mr. Johnson.
NAYS: None
#20 GENERAL DISCUSSION: Mayor Bueker told the Council he had had a
request by Shawn Charities to resume bingo
under the name "Shawn Charities", as their contract with Knights of Columbus
will not be renewed. This will be further discussed at next meeting.
Mr. Howe recognized Commissioner Ackermann and asked if there was anything
new on the road and bridge to Dobie Middle School. Mr. Arnold said it is
out of Mr. Ackermann's and the City's hands now and with Mr. Von Scheele.
Mr. Howe also suggested the Council should discuss the City Manager's con-
t~act. He would like a copy to review before the next meeting.
#21 ADJOURNMENT: On a motion duly made and seconded, the Regular
Meeting of the City Council adjourned at 10:31 P.M.
ATTEST:
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Mayor, City of Schertz, Texas
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recretary, City of Schertz