ccreg-04-05-1977
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REGULAR MEETING OF THE CITY COUNCIL
APRIL 5, 1977
The Schertz City Council convened in Regular Session, Tuesday, April 5, 1977
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, Donald J.
Seeba, Walter F. Schneider, Ed L. Sharpe and Gail Hyatt. Also present were
City Manager Denny L. Arnold, City Attorney Richard Harris, and City Secretary
June G. Krause.
#1 APPROVAL OF MINUTES: Mr. Howe moved the minutes of the Regular
Meeting of March 15, 1977 be approved as pre-
sented. Mr. Schneider seconded the motion which carried with the following vote:
AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt.
NAYS: None
B. Mrs. Hyatt moved the minutes of the Special Meeting of March 23, 1977 be
approved as presented. Mr. Seeba seconded the motion which carried with the
following vote:
AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt.
NAYS: None
#2 HEARING OF RESIDENTS: There were no residents wishing to be heard.
Mr. Sharpe thanked the Mayor and Council for their cooperation during the past
two years. He also thanked the City Manager and City Secretary and City Staff
for their assistance and advise. -
Mayor Bueker said he had enjoyed working with both outgoing Council members and
hoped they would continue working in behalf of the City.
#3 ELECTION RESULTS: The Council canvassed the returns of the April 2,
1977 City Officer Election. Mrs. Hyatt moved
to accept the election tal ley count as presented by the Election Judge. Mr.
Sharpe seconded the motion which carried with the following vote:
AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt.
NAYS: None
#4 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 as an emergency measure,
which motion was seconded by Mrs. Hyatt. Wehreupon said motion was fully dis-
cussed and considered. The Mayor then put the motion to consider said ordinance
as an emergency measure to the members of the City Council and said motion was
approved by the following vote:
AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt.
NAYS: None
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The Mayor then introduced the hereinafter set forth ordinance as an emergency
measure. Thereupon it was moved by Mrs. Hyatt and seconded by Mr. Sharpe
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:
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AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sharpe and Mrs. Hyatt.
NAYS: None
ORDINANCE NO. 77-E-4
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, CONVASSING THE RETURNS AND DECLARING THE RESULTS
OF THE CITY COUNCIL ELECTION HELD IN SAID CITY ON THE
5TH DAY OF APRIL, 1977, AND DECLARING AN EMERGENCY
#5 SWEARING-IN CEREMONIES: The following newly elected Councilmen
were called forward and sworn into office
by Mayor Bueker:
Walter F. Schneider
Earl W. Sawyer
Earl Johnson
Councilman Place #3
Councilman Place #4
Councilman Place #5
#6 MAYOR PRO-TEMPORE ELECTION: Agreeing with Mr. Seeba's last year's
statement that the Mayor Pro-Tempore
position should be rotated, Mr. Schneider nominated Mr. Howe. Mr. Sawyer r~
seconded the nomination. There being no further nominations, Mr. Seeba I ~I'
moved to appoint Mr. Howe as Mayor Pro-Tempore. Mr. Johnson seconded the L-
motion which carried with the following vote:
AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sawyer and Mr. Johnson.
NAYS: None
#7 P&Z MINUTES: Mr. Seeba moved to accept the minutes of the Planning
and Zoning Commission meeting of March 22, 1977. Mr.
Howe seconded the motion.
Mr. Schneider asked if the letter referred to in item #5 of these minutes had
been sent. .Mr. Arnold said that GVEC had been told verbally the City requests
they not lay any electric utility lines on unplatted lots in Northcliffe or
on any unplatted land under the control of Schertz, and a letter would be
sent this week. Also Mr. Schneider asked if the letter to Homecraft citing
voilations of ordinances had been sent and was told it was on the secretary's
desk to be typed.
There being no further discussion, Mayor Bueker called for a vote on the
motion to accept the minutes of the P&Z Commission, which motion carried as
follows:
AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sawyer and Mr. Johnson.
NAYS: None
#8 CCMA: Mr. David Dennis, CCMA "208" Coordinator briefed the Council
on the 208 Areawide Waste Treatment Management plan, stating
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nine draft task reports have been submitted and he will summarize for the
Council after finishing his review of the reports.
#9 NORTHCLIFFE SUBDIVISION: Joe Garza, Administrative Assistant,
briefed the Council on the plats submitted
to the Planning and Zoning Commission for approval for Northcliffe subdivision.
Three sections have been approved and filed in the County with three more
under consideration at this time. He made mention of some of the violations
noted in the subdivision such as 3' sidewalks rather than the required 4',
and that electric lines had been put in unplatted portions of the subdivision.
Mr. Arnold said that the Planning & Zoning Commission were to be praised for
keeping on top of this subdivision and he would also like to commend Joe
Garza and City Inspector Bob Jacobson for their constant watch on this project.
#10 LIABILITY INSURANCE: Mr. Harris, City Attorney, gave his inter-
pretation of an insurance plan for elected
officials the International City Management Association had been working o~
for years. After 1istin9 all the exclusions in the policy, Mr. Harris said
that in his opinion it covers the Council with little more than legal services.
He felt it would be cheaper for the City to furnish legal services. When
asked, he said he had only handled one such case in the last several years.
Mayor Bueker reminded him that when the question of insurance first came up,
the Council had mutually agreed the City would furnish legal services should
a claim be made.
Mr. Arnold was requested to have an insurance agent check this policy but first
he would see if TML had already done so.
#11 LEGAL DISCUSSION: A. Mr. Schneider asked Mr. Harris what can be
done about the theatres showing x-rated
films. Mr. Harris explained they are required to show the rating but it is
primarily for the parents benefit. In his opinion, an ordinance could be
passed to enforce theatres to show this rating, further than that the legal
problems multiply rapidly. Mr. Harris was then requested to draft such an
ordinance.
B. Mayor Bueker asked the status of the Jupe case. Mr. Harris said it is in
limbo at the present waiting to hear from Mr. Jupe, who was to contact adjacent
property owners to try to obtain street right-of-way. Council discussed the
problem and the necessity of this street easement. Council then asked Mr.
Harris to pursue this in a legal manner.
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#12 SWIMMING POOL: Council reviewed the proposed Pool Operating Hours
schedule presented, which allows for swimming and
diving classes, and special nights such as Teen Night, Reservation Night and
Adults Only Night. Mr. Graham, Parks Superintendent, said he had contacted
the School District and RAFB Swim Club and had received no response from either.
Mr. Graham informed the Council that Mr. Hann, the pool architect, would be at
the pool site Wednesday, April 6 to instruct the Park Employees in the proper
operating procedures.
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It was decided that if pool attendance drops below a certain number (to be
decided after gaining experience) the pool will be closed earlier than
published.
#13 ANNUAL REPORT: Mr. Arnold present for Council review three
types of proposals for a Bicentenia1 Annual
Report. The first being a basic concise report which would cost less than
$100 for 2000 copies. Second would be basically the same except with
pictures and art work, for an approximate cost of $160. The third being
a more extensive report in book form with maps, pictures etc. for approxi-
mately $550.00. After discussion, Council agreed the expanded book form
would be the better plan and have it available at the time of the opening
of the new Municipal Complex. It could also be sent to business organiza-
tions, franchise companies etc. containing a brief history and growth
pattern of the city.
Along this same line of thought, Mr. Seeba suggested having hand-outs for
new customers to Schertz giving some background information about the city.
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Mayor Bueker suggested the departmental reports could be expanded; and at
the next few meetings perhaps one or two departments could be discussed
giving the Department Head direction in this regard.
#14 PAYMENT AUTHORIZATION: Council discussed the payment to the
architects for the first payment estimate
on the Municipal Complex Building. Mr. Seeba moved to authorize payment
to Hesson and May Associates for payment estimate #1 in the amount of
$26,240.00. Mr. Schneider seconded the motion which carried with the follow-
ing vote:
AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sawyer and Mr. Johnson.
NAYS: None
Mr. Seeba asked if the parking lot for the swimming pool was to be completed
prior to opening day for the pool and was told by the City Manager if at all
possible, it would be completed in time.
Mr. Seeba and Mr. Schneider also asked that some investigation be made con-
cerning the No Parking signs along Oak Street as well as near the ballfield
on Live Oak Road and that portion of Aero Avenue in the City Park.
#15 NEWSLETTER: Council approved the proposed newsletter for the
month of March with the addition of an item on
Spring Season activities, such as, clean up campaign, park abuse and snake
season.
#16 CHANGE ORDER: Mr. Seeba moved to approve Change Order No. 1 to
the Community Center Project Contract to add metal
roof at a cost of $1,609.00. Mr. Howe seconded the motion which carried with
the following vote:
AYES: Mr. Howe, Mr. Seeba, Mr. Schneider, Mr. Sawyer and Mr. Johnson.
NAYS: None
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#17 GENERAL DISCUSSION: A. Mr. Seeba said he feels there is a need
for a new well site. After Council dis-
cussion of at least the site at this time, Mr. Arnold agreed to get some
cost estimates and Mr. Gaddis' opinion.
B. Mr. Schneider asked again about hiring a paid fireman under the CETA
program, requesting the City Manager to at least make the Fire Chief aware
there is such a program available if they are interested.
C. Mr. Howe asked how much money would be involved if the two recommendations
of the Texas Department of Health Resources concerning our water system would
be complied with. Mr. Arnold said the first one, an auxiliary power source,
has merit but would be exceptionally costly. The second, a man-proof fence
installed around plant #1, is a ridiculous recommendation. Mayor Bueker
said he would rather concentrate on a new well rather than the expense of
an auxiliary power source.
D. Mr. Howe reported he had a phone call about Mr. James W. McIvey's proposed
"Show Time City". Mr. McIvey said the information in the newspapers was
erroneous. He wants to talk with the Council but Mayor Bueker said the
proper procedures is to go first to the Planning and Zoning Commission.
E. Mr. Arnold advised the Council that GVEC had given him a request for a rate
increase. Staff is reviewing and will bring to the Council at a later date.
F. Mayor Bueker announced that the Council is invited to a CCMA meeting
Thursday, April 7 at 7:00 P.M. Because of the method of receiving money from
cities, they will not have enough money to meet their June debt payment;
therefore they are considering the only method left to them, being a tax.
Council should attend this meeting and voice their opinions.
G. Mayor Bueker also briefed the Council on a telephone conversation he had
with Mayor Schlather, in which Mayor Schlather asked Schertz' support in
Commissioners Court on extending FM 1103 straight through from 135 to 110.
Mayor Bueker said he could not support them as he did not feel FM 1103 is
the best road to go through. He suggested the City have a representative
attend all County Commissioners meetings.
#18 ADJOURNMENT: On a motion duly made and seconded, the meeting was
adjourned at 11:22 P.M.
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May6r, City of Schertz, Texas
ATTEST:
C1:c I ~ ~)<\ '!vcCJJu. \
City ~retary, l.i ty oT"Schertz
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