ccreg-10-18-1977
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REGULAR MEETING OF THE CITY COUNCIL
OCTOBER 18, 1977
The Schertz City Council convened in Regular Session, Tuesday, October 18,
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,
Merwin G. Willman, Walter F. Schneider, Earl W. Sawyer and Earl Johnson.
Also present were City Manager Denny L. Arnold, City Secretary June G. Krause.
#1 APPROVAL OF MINUTES: Mr. Howe moved to approve the minutes of the
Regular Meeting of October 4, 1977 as pre-
sented. 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
#2 HEARING OF RESIDENTS: The fOllowing listed people requested time
to speak when item No. 8 comes before the
Council: Mr. Dick Chambless, Mr. William Kelly and Mr. Bob Jordan.
Mr. Ed Sharpe addressed the Council regarding the members of Greenfield Asso-
ciation concern over the delay in the building of a county road to the Dobie
Middle School. The concensus of their group felt the City was perhaps asking
too much of the developer to build an expensive bridge, and that the City
should approve whatever kind of low water crossing the county would build.
Mayor Bueker asked Mr. Arnold to bring everyone up to date on this subject.
Mr. Arnold explained the City Council has passed a resolution on July 5th
of their position; being to authorize the Mayor to sign a 3-way agreement
wherein the developer would donate the land and at the time of subdividing
build a bridge across the creek; the County to build the road according to
City specifications; and the City would accept the road at the time the land was
subdivided. Mr. Arnold had talked with Mr. Von Scheele's attorney, who said
Mr. Von Scheele was concerned about some wording in the agreement. This
attorney was referred to the City Attorney and nothing has been received
since that time. He also said that if the County wanted to start construc-
,tion on this road the next day, the City would not, nor could not, have any
say in the construction.
After further questions by Mr. Jim Barnett and other members of the Greenfield
Association, Mayor Bueker recommended that if Greenfield Association wants
to pursue further, they should pick up a copy of the resolution from City
Hall and pursue directly with Mr. Von Scheele.
#3 PUBLIC HEARING: Mayor Bueker gave some background information on
the rate increase requested by Entex, saying that
Entex had originally filed a request to change the rates for gas in February
of this year. The proper procedures were held and after review, the rate
request was turned down. Still following proper procedures, Entex is now
coming back for another request for rate increase. At this time, he turned
the floor over to Kay Reinerts, Administrative Assistant. Ms Reinarts said
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that the figures supplied by Entex do not justify a rate increase at
this time. She went on to explain in detail the figures she referred to.
After further discussion by the Council, Mr. Schneider moved to deny a
rate increase to Entex at this time. 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
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i#4 PUBLIC HEARING: Mayor Bueker explained some of the background
for this rate increase request by Guadalupe Valley
Electric Cooperative (GVEC). He read the rate schedule which shows the
increase or decrease in revenues for each classification.
Mr. Doyle Hines, GVEC General Manager, explained that the Public Utility
Commission (PUC) had declined the 2.98% increase GVEC had proposed in favor
of a decrease. GVEC requested approval of the proposed adjustment of
rates of the Cooperative as read by Mayor Bueker. Several citizens spoke
on t~is matter, including Adolph Aguilar, Jesse Graham, Jim Barnett.
Several of the Greenfield Association citizens asked questions of Mr. Hines
and the Council.
After further discussion, it was requested by the Mayor that this item be
placed on the agenda of the Regular Meeting of November 1, 1977.
#5 P&Z RESIGNATION AND APPOINTMENT: The Planning and Zoning Commission
members requested the appointment
of ai new Chairman and Vice-Chairman, brought about by the resingation of
Johnnie Wise, Chairman.
Mr. Schneider moved to accept the resignation of Johnny Wise and to appoint
Adolph Aguilar as Chairman and John Linebarger as Vice-Chairman of the Plan-
ning and Zoning Commission. Mr. Howe seconded the motion which carried by
the following vote:
AYES: Mr. Howe, Mr. Willman, Mr. Schneider, Mr. Sawyer and Mr. Johnson
NAYS: None
#6 ORDINANCE: The Mayor introduced the following captioned ordinance
which was read in full by the City Manager, who then
indicated the areas on a map. Mr. Sawyer moved that said ordinance be
considered by the Council. Mr. Willman seconded the motion which carried
by the following vote:
AYES: Mr. Howe, Mr. Willman, Mr. Schneider, Mr. Sawyer and Mr. ,Johnson.
NAYS: None .
The following captioned ordinance was then discussed and fully considered by
the Council.
AN ORDINANCE
SETTING A TIME, DATE AND PLACE FOR A PUBLIC HEARING ON THE PRO-
POSED ANNEXATION OF THREE CERTAIN fRACTS OF LAND CONTAINING
144.0 ACRES, 31.34 ACRES AND 73.08 ACRES RESPECTIVELY, OUT OF
COMAL AND GUADALUPE COUNTIES, BY THE CITY OF SCHERTZ, TEXAS, AND
AUTHORIZING AND DIRECTING THE CITY SECRETARY TO PUBLISH NOTICE OF
SUCH PUBLIC HEARING
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Whereupon Mr. Sawyer moved that said ordinance be further considered
at the next regular meeting of the City Council to be held on the 1st day
of November, 1977, which motion was seconded by Mr. Willman and which
carried by the following vote:
AYES: Mr. Howe, Mr. Willman, Mr. Schneider, Mr. Sawyer and Mr. Johnson.
NAYS: None
#7 RESOLUTION: Before reading the resolution on the Council position
of SB 411 on the Fire Fighters' Relief and Retirement
fund, Mr. Arnold briefed the Council on his discussion of this bill with the
members of the Fire Department. He also was holding off as long as possible
to see if TML was going to be able to get a determination on the legality
of this bill, which was not in by 5:00 P.M. this date.
The City Manager then read the following captioned resolution:
A RESOLUTI ON
EXEMPTING THE CITY OF SCHERTZ FROM THE PROVISIONS AND REQUIRE-
MENTS OF THE FIRE FIGHTERS' RELIEF AND RETIREMENT FUND.
Council further discussed the resolution. Mr. Howe moved to pass the above
caption resolution as presented. 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
#8 SHAWN CHARITIES: The Mayor called on those who had requested time
for this item. Mr. Chambless expressed his view
that when the City allows a charity organization to operate a bingo, then the
Council should be furnished monthly reports on revenues and the amounts going
to charity organizations. Mr. Kelly reserved the right to speak later on,
if necessary. Mr. Jordan explained his operation of a bingo game, stating
he is audited by both IRS and the State. He said he would like to continue
with what he had started five years ago.
Mayor Bueker said the implications of this discussion are such that the
Council would have to go into Executive Session because of the possible
litigation in which the City will be involved.
The Mayor then recessed the Regular Meeting at 8:58 P.M. and called an Exe-
cutive Session under Article 6252-17, VTCS, Section 2 (e) as amended.
The Regular Session was reconvened at 9:50 P.M.
Mayor Bueker said that concerning the Shawn Charities question with bingo as
an issue, a reaffirmation that the constitution of the State of Texas as
given to the Council by legal opinion does prohibit bingo; and bingo is
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construed as a gambling game. He went on to say he further believes that
the issue here at hand this night is an issue between two business organiza-
tions and that issue should be settled between the two business organizations.
Further stating that bingo as a game being prohibited in the constitution,
citi~ens can at any time upon the written documentation by any citizen through
the district attorney in the county in which they reside, complain against
the conduct of the game being held in any city in this state. The district
attorney, upon receiving such complaint, must act within the laws of the
State of Texas. That is the extent of what Council discussed. Council
thorQughly discussed bingo as a legal standpoint and as it is being con-
duct~d in the City of Schertz at this time. That is where the issue stands.
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#9 IPA GRANT: Mr. Arnold explained the purpose of this Inter-govern-
mental Personnel Act grant. After receiving notification
that funds would be available in March, we submitted a letter that when the
time came, we intended to apply. They approved a grant for the City without
having to make application. The grant will cost the City no new personnel
or outflow of funds, the City's part of the grant can be by in-kind services.
The ?nly expense of the City is for printing new employee manuals, which is
needed anyway as the original supply of them has been depleted.
After further discussion, Mr. Johnson moved to authorize the Mayor to sign
an IDtergovernmental Personnel Act Contract for a grant to train personnel.
Mr. Howe seconded the motion, which carried by the following vote:
AYES: Mr. Howe, Mr. Willman, Mr. Schneider, Mr. Sawyer and Mr. Johnson.
NAYS: None
#10 ANNUAL REPORT. As the Council did not have time to go over the
proposed Annual Report, they requested this item
be put on the agenda for the next regular meeting.
#11 PAYMENT ESTIMATE: This item was tabled as the engineer was not
ready to finalize on the Southside Project.
#12 Mayor Bueker asked to skip this item until the end of the meeting
as the Council would have to go into Executive Session.
#13 GENERAL DISCUSSION: Mr. Willman had the following items for dis-
cussion: (1) has the staff advertised for
a new Water & Sewer Superintendent, and could the position be filled in
house. He was told the advertisement is out at this time and if the State
Depa.rtment of Health Resources will agree to the lower certification, the
posisition could be filled in house. (2) What has happened to the Citizens
Advisory Committee. Mayor Bueker said probably the best reason for the
comnjittee not meeting is that they did not have worthwhile projects to work
on. (3) He also wanted to know what progress had been made on cleaning up
the house in the Village. Mayor Bueker said some progress has been made in
that the outside was cleaned up and painted. Mr. Arnold said he had contacted
both the mortgage company and HUD and neither had anything that would make
them have authority to have it cleaned up and repaired. Also as the City
is not carrying out an extensive Housing Code Program, the City cannot single
out one residence to file on. (4) Mr. Willman also wanted to know the status
of the sidewalk program. The contractor was pulled off the sidewalk project
to do drainage work as the in-house work on Mitchell has not been completed.
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Mr. Howe suggested that Council members should attend, or at least one
should, both CCMA and School Board meetings. He also asked if the open-
ing date had been set for the Community Center and was told by Mr. Arnold
staff is still waiting for the final inspection.
Mr. Sawyer called attention to his letter about riding with the police
and his support of the police in their desire to have an investigator and
an additional man at least some of the time. Mayor Bueker said he had
asked the Chief to compile a report of cumulative activities of his depart-
ment, as several business people had expressed concern that they may be
getting less protection. He then asked the Council to study any reports
given them on this subject and draw their own conclusions as to what to do.
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Mr. Sawyer also reported on attending the last CCMA meeting, stating they
did check the flow meter and found it 25% slow.
Mayor Bueker brei fed the Council on' meeting with the senior citizens.
There are two groups, one in the Elderly Housing and the other those that
live in residentail areas. There was a representative of AACOG present,
to help them organize into one group. The senior citizens also expressed
a need for a "meal a day" or "meal a week" program; but they are not asking
the City for any money at this time.
#12 CONTRACT: Mayor Bueker recessed the regular meeting at 10:35 P.M.
and called an Executive Session under Article 6252-17
VTCS, Section 2 (g) in order to discuss the City Manager's contract.
The Regular Meeting of the City Council was reconvened at 11 :30 P.M.
Mr. Schneider moved that the existing employee contract with the City Mana-
ger, Denny L. Arnold, be declared null and void; that the City Manager be
directed to prepare a policy letter,to be considered at the next regular
meeting of the Council, stating the City's policy concerning employment
conditions of a City Manager. 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
#14 ADJOURNMENT:
On a motion duly made and seconded the meeting
adjourned at 11 :35 p.M.
ATTEST:
/lw-c. ~,L
Mayor, City of S~~tz, Texas