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ccreg-10-19-1976 431 #15 ADJOURNMENT: On a motion by Mrs. Hyatt, seconded by Mr. Sharpe, the meeting adjourned at 9:30 P.M. .q;l-C ~ ~ity of Schertz, Texas ATTEST: 9<~a#.--k:-tNh~rt' REGULAR MEETING OF THE CITY COUNCIL OCTOBER 19, 1976 The Schertz City Council convened in Regular Session, Tuesday, October 19, 1976 at 7:00 P.M. in the Council Chambers, 401 Oak Street with the following members present: Mayor Robert C. Bueker, presiding; Mayer Pro-Tem Donald J. Seeba, Richard L. Howe, Walter F. Schneider, Ed L. Sharpe and Gail Hyatt. Also present: City Manager Denny L. Arnold and Assistant City Manager Harold D. Baldwin. Absent: City Secretary June G. Krause. #1 APPROVAL OF MINUTES: Mrs. Hyatt moved to approve the minutes of the Regular Meeting of October 5, 1976 as presented. Mr. Schneider seconded the motion which carried with the following vote: AYES: Mr. Seeba, Mr. Howe, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt. NAYS: None , . #2 HEARING OF RESIDENTS: No resident requested to address the Council. #3 PLANNING & ZONING MINUTES: Mr. Schneider moved to approve the minutes of the Regular Meeting of the Planning & Zoning Commission of October 13, 1976. Mr. Howe seconded the motion which carried with the following vote: AYES: Mr. Seeba, Mr. Howe, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt. NAYS: None #4 RESERVE APPOINTMENT: This item was delayed until later in the meeting when the officer could be present. #5 ENTEX RATE REQUEST: Mr. Harry Overstreet, District Manager for Entex, briefed the Council on their rate increase re- quest, which is merely to try to keep up with the inflationary trends. Mr. Arnold asked Mr. Overstreet to explain the relationship between a nearly 40% increase request ($1.05) per residential customer and a 4.14% rate of return to the company. 432 A lengthy discussion period followed in which the Mayor stated that according to his calculations Entex's rate increase should be only 79~ due to a three month overlap from July 1976 to October 1976, from last year's rate increase date to this year's proposed date of increase. I 1- Council requested answers to the following be brought back to the next regular meeting of the Council on November 2, 1976: A. Proof that basis of increase is inflation and not increased gas cost. B. What percentage is total of Schertz customer accounting in south Texas area, administration costs, etc. #6 HOUSING AUTHORITY: Mayor Bueker briefed the Council and Housing Authority Board on the meeting he, Mr. Arnold and Mr. Farr had with HUD officials on Tuesday, October 12, 1976. He explained HUD's opinion of our alternatives now of approving site selection for elderly housing project as being: A. Have environmental impact statement done on alternative sites which would cost City approximately $30,000.00 and probably be disapproved by HUD. B. Take new bids and probably lose funding due to time lag. C. Move current site back 200 feet from Live Oak Road, designate it as area 2 classification and proceed with construction. Following discussion on the above proposals, it was concensus of all that the Housing Authority Board would meet and Council would meet in the near future to work on item C above. background. #4 RESERVE APPOINTMENT: At this time Chief Schoonover introduced Wayne Zwicke to the Council, giving his professional I L Mr. Seeba moved of Schertz. Mr. vote: AYES: NAYS: to appoint Wayne Zwicke as a Police Reserve Officer of the City Sharpe seconded the motion which carried with the following Mr. Seeba, Mr. Howe, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt. None #7 ARCHITECT: Appointment of an architect to design a Community Activity Center. #8 RESOLUTION: Authorizing the purchase of land for construction of a Community Activity Center. #9 MUNICIPAL COMPLEX: Consideration of status action of proposed Muni- cipal Complex. Mr. Arnold asked that the above three items be discussed and considered in a related manner. He had suggested to the Council the thought of building the Municipal Complex and Community Activity Center on the same property. The Planning & Zoning Commission have been asked to consider this combination on the lot the Good Shepherd Church has for sale. Mutual lighting, parking, security, large crowd usage, etc. would be benefits of having the buildings located together. Council discussed the advantages and disadvantages of this proposa 1 . ~ 433 Mr. Seeba moved Schertz offer $35,000 to the Good Shepherd Church for the purchase of the five acre tract. Mr. Sharpe seconded the motion which carried with the following vote: AYES: Mr. Seeba, Mr. Howe, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt. NAYS: None #10 PUBLIC WORKS ACT: There was no new data to present in support of an application for grant monies for furthering construction of the Regional Sewage Collection System. #11 RESOLUTION: Mayor Bueker introduced the following captioned Reso- lution which was read in full by the City Manager. The Resolution was discussed and considered by the Council. Mr. Howe moved to adopt Resolution No. 76-R-8 in amended form from that format previously provided to the Council. Mr. Seeba seconded the motion which carried with the following vote: AYES: NAYS: Mr. Seeba, Mr. Howe, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt. None - . T RESOLUTION No. 76-R-8 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AUTHORIZING THE CITY UTILITY SUPERINTENDENT TO PROVIDE A TAP OF THE CITY'S TWELVE INCH WATER MAIN BELOW THE NACOGDOCHES ROAD WELL SITE AND ADJACENT TO FM 2252 FOR THE PURPOSE OF SUPPLYING POTABLE WATER TO THE PROPERTY OWNED BY LADSHAW-MILLER DEVELOPMENT COMPANY, INC. #12 SECURITY CODE: Council continued thefr d~scussion of the proposed Security Code. They reviewed the recommendations of the Planning and Zoning Commission and discussed having parts of this code written into an amendment to the Building Code. Chief Schoonover stated he would like to have some security against amatuer crooks. Mayor Bueker felt the Council should pass a resolution to Texas Muni- cipal League that they lobby in legislature for a break to insurance customers who had installed certain security devises. Mr. Seeba moved to compile some features of this code into an amendment to the Building Code. Mr. Schneider seconded the motion which carried with the follow- ing vote: AYES: Mr. Seeba, Mr. Howe, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt. NAYS: None #13 WATER CONTRACTS: There was considerable discussion on the water contracts with Schaefer Road Rural Water Supply District and the City of Cibolo. Mr. Arnold explained to the Council that Cibolo's attorney contacted the Schertz attorney stating that since Schertz did not begin rate negotiations exactly on the prescribed date in the contract, that Schertz would have to wait until the next five-year increment. However, they would propose the three following steps: 434 A. The two cities agree to an interim rate for water. B. Agree on a time to mutually rescind the existing contract. C. Cibolo would pay for the existing line from Lone Oak entrance to Dietz Creek. I I After further discussion, Mr. Sharpe moved that Mr. Harris be directed to pro- ceed with the three step process working towards rescinding the water contract between the two cities. Mr. Schneider seconded the motion which carried with the following vote: AYES: Mr. Seeba, Mr. Howe, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt. NAYS: None #14 PAYMENT AUTHORIZATION: Mr. Seeba moved to authorize payment to Hayden Sales for contract estimate #6 in the amount of $18,578.07. Mr. Schneider seconded the motion which carried with the following vote: AYES: Mr. Seeba, Mr. Howe, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt. NAYS: None #15 PAYMENT AUTHORIZATION: Mr. Seeba moved to authorize payment to R & R Construction Company for estimate #2 in the amount of $18,007.68. Mr. Seeba seconded the motion which carried with the following vote: AYES: Mr. Seeba, Mr. Howe, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt. NAYS: None L_ #16 COUNCIL MEETING DATE: Mayor Bueker introduced the following captioned resolution which was read by the City Manager. Mrs. Hyatt moved to adopt Resolution No. 76-R-9. Mr. Seeba seconded the motion which carried with the following vote: AYES: Mr. Seeba, Mr. Howe, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt. NAYS: None #17 PERSONNEL: Council discussed the City Manager's contract and salary. for fiscal year 1976-77. Mayor Bueker, after Council discussion, recommended the City Manager's salary be set at $18,750.00 for Fiscal Year 1976-77. Mr. Sharpe moved the City Manager's salary be set at $18,750 per annum for Fiscal Year 1976-77. Before the motion was seconded, Mr. Schneider asked to state that in his opinion this raise and a later cost-of-living increase would make the salary too high for the City Manager's position of Schertz. Mr. Seeba seconded the motion which carried with the following vote: AYES: Mr. Seeba, Mr. Howe, Mr. Sharpe and Mrs. Hyatt. NAYS: Mr. Schneider I- I 435 .~ '- #18 GENERAL DISCUSSION: A. Council was presented with a memo from Chief Schoonover stating the position of the District Attorney on bingo under existing gambling laws which stated in part: a. Based on the many complaints to this and other law enforcement agencies, a meeting was held with officials of Shawn Charities October 18, 1976. They were given two weeks ending October 31, 1976 to cease their bingo operations or face prosecution for third degree felony crime of gambling with a maximum $10,000 fine. b. All other associations will be requested to cease operations upon a formal written complaint of any citizen made to the Guadalupe County Attorney. Upon failure to cease operations they will be subject to the same penalty as listed above. B. Mr. Schneider asked what is being done concerning fees for the swimming pool. Mr. Graham, Parks Superintendent, said he would be going to different cities within the next two weeks to determine their fees and would be getting back to the City Manager with a memo next month. C. Mrs. Hyatt asked what could be done about the noise factor caused by the Hanger Lounge. Chief Schoonover stated that when the people leave the private property, it becomes a police problem and they will make a concentrated effort to control these problems and he would talk to the owner of the property. #19 ADJOURNMENT: Mrs. Hyatt moved the meeting be adjourned at 11 :20 P.M. Mr. Schneider seconded the motion which carried unanimously. ATTEST: ~e~ Mayor, City of Schertz, Texas ~.Jdk~.~. ~y Secretary, Cfty 0 Schertz