02-19-1974
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REGULAR MEETING OF THE CITY COUNCIL
FEBRUARY 19, 1974
The City Council convened in Regular Session in the
Council Chambers on Tuesday, February 19, 1974 at 7:04 P.M.
with the following members present: Mayor Robert C. Bueker,
presiding; Mayor Pro-Tem Schwartz, Mrs. Funk, Mrs. Koch,
Mr. Sandifer and Mr. Koole.
111 APPROVAL OF MINUTES: A. Mr. Schwartz asked the
typographical error on Item 6,
page 49 be corrected to show his name as "Mr." not "Mrs." as
shown. Mr. Sandifer moved the minutes of the Regular Meeting
of February 5, 1974 be accepted as corrected. Mr. Schwartz
seconded the motion with all members voting aye.
B. Mrs. Funk ~oved the minutes of the Special Meeting of
February 12, 1974 be accepted as presented. Mr. Schwartz
seconded the motion with all members voting aye.
#2 HEARING OF RESIDENTS:A.Mr. George Cook requested to
be heard on Item 6 after
Council discussion. B. Mrs. Fontenot requested to defer com-
ment until Item 6 is discussed. C. Mr. Uhr stated he will be
available for questions when item 5 is presented to the Council.
Mr. Arnold requested the Mayor and Council add an addendum item
to the agenda copy; said addendum was duly posted as an emergency
item and added to the agenda. This item was left off the original
agenda as an office staff oversite.
1f3 EXECUTIVE MEETING VOTES: Mayor Bueker explained there
had been some CV~llents and
newspaper items, partly right and partly wrong, concerning the
votes taken on four items inside the closed session at the
Council meeting of February 5, 1974. This action should have
been taken in open meeting rather than just giving the results
of the action taken. Since the technical aspects were violated,
this item is on the agenda to rectify that violation. On the
advise of Mr. Harris, attorney for the City, Mayor Bueker called
for votes on the four issues as though the vote had never been
taken.
Mrs. Funk addressed Mayor Bueker saying he had stated in the
paper that he had some hardrock evidence against Mr. Baldwin
and she thinks it only fair to the citizens of Schertz and
Mr. Baldwin to disclose that evidence at this time. Mayor
Bueker said since it concerned something discussed in closed
session, he would not answer questions at her discretion but
if Mr. Baldwin asked him, he would give the evidence to him
personally.
A. Mr. Schwartz quoted from the Mayor's newsletter where he
stated he was against the employee's pay raises because the
budget cannot take it; however, when there was a vote on the
Police Department raises, there was no mention of the City
not being able to afford it.
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Mayor Bueker said this wa~ a new subject area where he would
like to be allowed clarificati~n. When the rest of the City employees
received a pay increase, the Police Dept. did not. According to
their own admission they were understaffed at the time and upon
being asked their preference by the Council, chose to have an addi-
tional person to maintain police records. That was the basic reason
the Police did not receive the raise at that time. He was in favor
of the Police receiving a raise at that time and does not think
you should mix two different issues - personnel and wages - in a
department raise.
Mrs. Koch said she had asked, a question before but never did get
a clear answer. The question being "Who requested the pay raise -
did any employee request a pay raise or suggest they were seeking
any other employment because they did mot get a raise?" Mr.
Arnold said as to indications that they might seek other imp1oy-
ment - yes. Flat statements "if I don't get a raise" - no. But
there had been grumblings of employees saying they did think they
also deserved a raise. Mrs. Koch asked if the 5% pay raise was
one way of Mr. Arnold getting in his pay raise. Mr. Arnold said
he did not think it was or why would he ask for 5% for them and
10% for himself. It was not just an idea of Mr. Arnold's but
feedback from the department heads.
Mrs. Funk said in all fairne~s to Mr. Arnold, she had contacted
him and requested the item b~ placed on the agenda.
Mr. Sandifer moved to approve the 5% pay raise of all City
employees with the exception of the Police Department and
100/0 increase for Mr. Arnold. Mrs. Funk seconded the motion.
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Mr. Koo1e said he was not against a pay raise for the City
employees but had to defer ahy additional comments until item
C is discussed.
Voting Aye: Mr. Schwart~, Mr. Sandifer, and Mrs. Funk.
Voting Nay: Mrs. Koch ahd Mr. Koole
B. Mr. Schwartz moved to pay the overtime for the Utility DePt.3~~11
workers and not the standby pay. Mrs. Koch seconded the motion
with all members voting aye.
C. Mrs. Koch said she feelsb, when a contract is negotiated between
two parties, it is a legal d, cument and should be enforced until
its maturity. '
Mr. Koole said he felt the contract should not be renewed at this
time. By renewing the cont~act now with the increase in salary,
the Council would be binding, the new Mayor and Council after April
election and if they elected to get rid of the City Manager, it
would cost over $5,000.
Attorney Harris explained that excluding the pay, the contract is
a renewing contract merely uO be updated yearly. The contract is
designed to cvuuuence the begJinning of the fiscal year but of course
must be negotiated before t~e adoption of the budget. Mayor Bueker
explained what was done was !to offer a new contract to be effective
March 1, 1974 through September 30, 1974.
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Atty. Harris also said the pay was to be effective March 1, 1974
and the contract would have to be renewed effective October 1, 1974.
The purpose of renewing the contract October 1st would be to
negotiate the salary only.
Mrs. Funk moved to accept and approve the contract for the City
Manager as written beginning March 1 and ending September 30,
1974 to coincide with the fiscal year.
Mr. Sandifer seconded the motion
Voting Aye:
Voting Nay:
Motion carried.
Mr. Schwartz, Mrs. Funk and Mr. Sandifer.
Mr. Koole and Mrs. Koch.
D. The appointment of Mr. Ba1dwin~as Tax Assessor/Collector
Assistant City Manager.
In answer to Mrs. Funk's question earlier, Mayor Bueker restated
what he had said at the last regular meeting - that he did not
think Mr. Baldwin was the best qualified of those who applied.
If Mrs. Funk would give him the names of those citizens who
questioned her, he would give consideration through Mr. Baldwin
to that.
Mr. Schwartz said the Council gave the responsibility to the City
Manager to interview,in any manner he decides is best, anyone who
applies to any position with the City; and if he feels Mr. Baldwin
is qualified, then the Council should not question that qualification.
Mrs. Koch said she had learned of two applicants who were not
interviewed. Mr. Arnold said, as he told the Council before,
there were twelve not interviewed of the eighteen applicants.
Mr. Arnold went on to explain that he reviewed all applications
and selected the six with the best qualifications to be inter-
viewed. All applicants were written a letter of appreciation.
Mrs. Koch said,if allowed, she would like to say somethi~g nice.
She has known the Baldwin family for many years and has been a
personal friend of theirs and admires Mr. Baldwin's stamina in
jumping into civic affairs and getting things done. Any statement
or opinion she has on this issue does not include a personality.
Mayor Bueker agreed Mr. Baldwin has worked hard for different
voluntary jobs with the City and personalities should not inter
into the appointing of employees.
Mrs. Funk moved to confirm the appointment of Mr. Harold Baldwin
to the position of Tax Assessor/Collector-Assistant City Manager.
Mr. Schwartz seconded the motion.
Mrs. Koch questioned the term "assistant" and said she seemed to
remember the term should be "Acting" City Manager.
Mr. Arnold reminded the Council that long before Mr. Graham
resigned as Tax Assessor7Co11ector the Council instructed him
to include the duties of the Assistant City Manager in the job
description of the Tax Assessor/Collector, which he did.
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Mrs. Koch then asked Mr. Arnold if, when he was interview for
City Manager, he was in competition. Mr. Arnold told her he was
told there were others being interview but he did not know who
they were. Mr. Arnold exp1ai$ed his feelings about being hired
to put it bluntly, if someone ,is trying to hire him just to re-
place someone, he is not interested in the job; but if the action
is going to be taken anyhow, me of course is interested.
On a question by Mrs. Koch as to whether he moved to Schertz prior
to being hired, Mr. Arnold said definitely not.
Voting Aye:
Voting Nay:
Motion carried.
Mr. Schwartz, Mrs. Funk and Mr. Sandifer
Mr. Koo1e and Mrs. Koch.
If4 AMBULANCE: Mayor Buelicer introduced Mr. Colin J.N. Chauret
who addre$sed the Council and audience to pre-
sent a status report of the SAFES organization. Among the things
brought out in his presentati~n, are the fact that SAFES is not a
pplitical organization; they have sent the charter to the State for
approval; the Red Cross training is now in process; and of course
listed the equipment they have as of this date. Namely, a 1961
Cadillac ambulance they purch'iLsed for $700 from Spring Branch,
the Army type ambulance truck'obtained through Civil Defense and
hopefully soon the ambulance for which the County has designated
some of their Revenue Sharinglmonies. ,Mr. Chauret explained that
Mr. Odo Riedel has given SAFE$ a $700 non-interest bearing loan
to purchase the ambulance from Spring Branch. The organization
will get revenue by charging $35.00 for hauling patients to run the
org~ization. If after two y~ars, SAFES cannot repay the loan to
to Mr. Riedel, then the ambulance reverts back to him. What the
SAFES organization is really for is a go-ahead and approval from
the City Council.
Mayor Bueker said he had ta1k~d with a couple of members of SAFES
including Mr. Roe Yochum, who, is the head of it, after some of the
statements appeared in the paper and explained to them he is for
the organization and feels there is a definite need for it in this
area. As soon as SAFES prese~ts their package to the Council, the
Council can take positive act~on.
Mr. Chauret assured the Counc~l they are investigating the cost and
requirements of liability insurance for SAFES. The VFW is consider-
ing underwriting the cost of the MASTS he1ipad. Mayor Bueker said
since MASTS is separate from I SAFES, the City could go ahead with
this project right now for pa~ No. 1 and would like to know where
and what they want the helipaa.
Mrs. Funk was asked to help fbrm an Auxiliary to SAFES and she
wanted to know if anyone was Lnterested in joining to please
contact her. She was not to ')e the Chairman or anything like
that but was just helping to ~orm the organization. She also
said she had talked with the ~ounty Treasurer recently and he
said the $7500 was earmarked [or an ambulance only and that if we
don't get the specifications in by June, we could lose it.
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Mr. Schwartz moved to take th~ necessary action to send the spec i- (,-
fications to Guadalupe County CUlLulLissioner Court in order to re- ~
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ceive funds for the purchase of an ambulance. Mr~. Funk
seconded the motion.
Mrs. Gary, of SAFES, asked how the ambulance will be pre-
sented to SAFES - will it be connected with the City?
Mayor Bueker said all he could say at this time is that it
would be handled exactly as the City handles the Volunteer
Fire Department activities.
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Mr. Arnold read a list of the things SAFES need from or with
the City, namely:
1. The use of the City Telephone Dispatch number.
2. Assistance, if necessary, with the purchase of radios
through AACOG.
3. Site location for parking ambulance.
4. Land behind the Fire Department for Helipad.
5. Use of the Civil Defense old 4x4 truck.
Vote called on the above motion as follows: Voting Aye -
Mr. Schwartz, Mrs. Funk, Mr. Sandifer, Mrs. Koch and Mr. Koole.
Mr. Schwartz moved to give the City's blessings to the SAFES
program and request they submit their requirements immediately to
the City in regards to the use of the Telephone Dispatch number,
assistance in obtaining radio through AACOG, use of land behind
the Fire Station for helipad and space to park ambulance, and
the use of the Civi Defense 4x4 truck. Mrs. Funk seconded the
motion with all members voting aye.
#5 UNITED GAS REQUEST: Mayor Bueker read a portion of
an article from the newspaper
concerning a suit that was filed by San Marcos against the
LCRA. The City of San Marcos claimed its charter granted it
the right to regulate utility rates but the utility had raised
rates without public hearing before Council. The May decision
found the regulatory authority did not lie with the City and
that the City's ordinance governing rates was invalid.
Mrs.Koch moved to table the Gas Company request until the
situation is out of limbo. Mr. Sandifer seconded the motion.
Mr. Uhr of United Gas and Attorney Harris both said they were
shocked by the article. Mr. Uhr said the only thing that
might make a difference is that the LCRA is a state operated
firm. His Company wants to go to the City Councils and have
no intention of doing anything other than that.
Mr. Harris expressed his interpretation is that the law is
specific - the LCRA is a State regulated firm and he feels the
City will retain the rights it now has over the control of
setting and controlling of rates and if Council wants to act
on this ordinacne tonight, it will of course be okay.
Mrs. Koch withdrew her motion and Mr. Sandifer withdrew his
second.
Mrs. Koch said she feels the full Council respects the fact
that Mr. Uhr has already made two trips before the Council
and should at this time be heard.
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Mr. Uhr gave a brief explanation of his request; that being an
adjustment of service cost - the basic rates to remain the same.
Mrs. Funk asked Mr. Uhr if the Council should decide against the
request, could Cnited Gas th~n go to the Railroad CUlwuission and
get them to order the rate i~crease in effect if a hearing was
held and it proved justifiedf Both Mr. Uhr and Atty. Harris agreed
this jucidial procedure is provided.
After further discussion, Mr, Sandifer moved to adopt Ordinance :y'~,'"1
No. 74~F-6 as read. Mrs. Fu~ seconded the motion with all members
voting aye.
ORDINANCE *0. 74-F-6
AN ORDINANCE DETERMINING AND FIXING THE MAXIMUM SCHEDULES
OR RATES TO BE CHARGED Bt UNITED GAS, INC. ITS SUCCESSORS
AND ASSIGNS, IN THE ITTY. (F SCHERTZ, TEXAS, FOR NATURAL
GAS AND NATURAL GAS SERVtCE FURNISHED BY IT TO RESIDENTIAL
AND COMMERCIAL CONSUMERS CONTAINING DEFINITIONS, FIXING THE
EFFECTIVE DATES OF GAS RATES PRESCRIBED IN THIS ORDINAYCE,
MAKING MISCELLANEOUS PROVISIONS AND REPEALING ALL ORDINANCES
IN CONFLICT.
#6 ANIMAL CONTROL ORDINA~CE: Mr. Arnold prefaced any dis-
cussion by stating the major-
ity of the changes in this typing of the ordinance were made
by Atty. Harris, who has approved it in its present form.
Mrs. Funk asked how the pass~ge of this ordinance would effect
the previously mentioned situation in Greenfield Village; can
the Council go back to them. Mr. Arnold and At~y.Harris both
said yes you could go back - the non-conforming use does not
apply to this ordinance.
After lengthy discussion, th~ two people in the audience who
reserved time were asked to 3peak. Mr. George Cook said he
doesn't think this is an effective ordinance and there is no
such thing as a vicious dogl. Mrs. Fontenot asked how in the
world she or anyone can tie pp a cat? Mayor Bueker said the
City realizes cats do not le3.sh well and cat owners were of
course going to have a more jifficult time. Chief Schoonover
reminded her that his departnent had never issued a ticket
on a cat running at large.
Mr. Arnold read Ordinance No. 74-H-7:
AN ORDINANCE REGULATING rHE KEEPING OF LIVE STOCK, FOWL, CATS,
AND DOGS WITHIN THE LIMlrS OF THE CITY OF SCHERTZ; PRESCRIBING
SANITARY CONDITIONS FOR fENS AND ENCLOSURES; PROVIDING FOR AN
ANIMAL CONTROL OFFICER; .AND PROVIDING IDRLICENSING, VACCINATING
AND IMPOUNDING OF DOGS A~D CATS; PROVIDING FOR THE IMPOUNDING
AND SELLING OF LIVESTOCK: RUNNING AT LARGE; PROVIDING A SAVING
CLAUSE; PROVIDING A PENALTY; REPEALING ALL ORDINANCES OR PARTS
OF ORDINANCES IN CONFLIC~ HEREWITH EXCEPT THOSE PROVISIONS IN
THE ZONING ORDINANCE WHICH REGULATE THE KEEPING OF LIVESTOCK,
FOWL, DOGS AND CATS.
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Mrs. Koch moved to accept Ordinance No. 74-H-7 as amended.
Mr. Koole seconded the motion with all members voting aye.
#7 ORDINANCE: Mayor Bueker read Ordinance No. 74-F-8:
AN ORDINANCE AMENDING AN ORDINANCE HRRETOFORE PASSED
AND ENACTED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ
TEXAS, ON THE 7TH DAY OF FEBRUARY, 1963, REGULATING THE
USE OF SEWERS AND PROVIDING RATES FOR SEWER SERVICE IN
THE CITY OF SCHERTZ; RATIFYING ALL THE OTHER TERMS AND
PROVISIONS OF SAID ORDINANCE OF FEBRUARY 7, 1963; RE-
PEALING THAT CERTAIN ORDINANCE HERETOFORE PASSED AND
ENACTED BY THE CITY COUNCIL ON THE 2ND DAY OF JANUARY,
1964; AMENDING SAID ORDINANCE OF FEBRUARY 7, 1963;
AND REPEALING ORDINANCES IN CONFLICT HEREWITH.
Mayor Bueker explained this ordinance merely changes our
sewer rate charge from the $75 to the new rate of $250.
Mr. Schwartz asked if Universal City has changed their rates
and was told not to his knowledge but their rate has been for
some time $238. This rate change is based on the fact that we
know a new sewer connection now in amortizing the cost of new
plant construction, will run at about $250 cost. These monies
would be collected by the City of Schertz not CCMA and the City
has not signed anything with CCMA that would require the City
to turn these funds over to them and wont until it embraces
all other municipalities within the region of CCMA.
Mr. Arnold explained that CCMA is close to arriving at a
decision to place such a charge, which would be placed
against the City - not the contractor. If they set the fee
at their next meeting, we would be required to pay it imme-
diately and without this ordinance, we would be caught having
to pay it without being able to collect from the contractor.
Mr. Koole moved to accept Ordinance No. 74-F-8 as written.
Mrs. Koch seconded the motion.
Mrs. Funk asked if this is for new construction only and would
not include Deer Haven. Mayor Bueker reread a portion of the
Ordinance "the connection fee shall be collected upon issuance
of the plumbing permit".
Voting Aye: Mrs. Koch and Mr. Koole
Voting Nay: Mr. Sandifer
Abstaining: Mrs. Funk and Mr. Schwartz
Mr. Schwartz then asked for clarification of the portion of the
ordinacne just read. Mayor Bueker reread the portion and ex-
plained that plumbing permits had already been issued on all
homes that have been completed and occupied; so you are really
talking new construction only and would not include Deer Haven.
Mr. Schwartz requested to change his vote to be in favor of the
motion. Mayor Bueker declared the motion as carried.
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#8 PENSION PLAN: Mr. Arnold introduced Mr. John Potts who
submitted a proposal through Tri-City
Insurance from Banker's Life of Des Moines. Mr. Potts, Mr.
Bob Deed of Bankers Life, Mr. Duncan (who the City hired to
negotiate), two of the interns and Mr. Arnold met to negotiate
terms of the plan. '
Among the things discussed hy Mr. Potts, is the necessity of
submi tting a letter to Illte::nal Revenue Service including the
ten points, which is a summ,ry of the principal features of
the plan, as suggested in h~s letter to the Council.
He explained there would beian account report annually for the
City and monthly billing. !nnually each employee would get an
accounting report. .
Mr. Arnold just wanted to clear with the Council that he had to
send a letter stating the City is in agreement with these
suggestions and a binder check in the amount of $250.00.
#9 AUDIT REPORT: Mr. Ray Harris, City Auditor, asked if the
Council wanted a comprehensive review of
the audit and they elected to ask questions instead. Mr. Koole
quoted from the cover letter wherein the auditing firm states
that due to a lack of inteTIlal control and inadequate records
etc. they could not verify :::-evenue with reasonable accuracy.
Mr. Koole wanted to know if! this means that as the audit is
presented, we do not know if it is accurate or not. Mr. Harris
said to some extent that is'true as it was true last year also.
He has helped the City staff set up these controls now so the
auditor will be able to certify all revenue in the future.
He feels tremendous progres$ has been made so far and would like
the opportunity to follow tfurough with what they have started.
Mayor Bueker said he feels this is a good audit although there
are some deficiencies, whicb everyone know about, that can be
corrected.
#10 AUT30RIZATION TO PAY AUDIT STATEMENT: Mr. Ray Harris
said his original
statement to the City was im the amount of $7400. Mr. Arnold
called him and asked if thete was some way this figure could be
lowered as so much of the b~okkeeping was done by the City staff.
After consideration, they arrived at the figures of $3500 for the
two audits, $1665 for the Systems work and S1435 for the bookkeep-
ing - for a total of $6600. i
Mr. Schwartz moved to pay tfue statement in the amount of $6600 I' '1.1
proportionately from excess funds in the General Fund, Water I
Fund and Sewer Fund. Mr. Sandifer seconded the motion with all
members voting aye.
#11 SQUARE DANCE CLUB: Mr. Dave Allen addressed the Council
~n the subject of starting a square
dance club in Schertz. He $xplained he lives in Schertz and has
been a caller for several y$ars. He would like to have the moral
support of the City. He sp$cifically requested help in locating
a suitable place - if they had to rent, the club could not support
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it the first year and would like City help. Mayor Bueker said
he does not believe City tax money can be used for this purpose,
but perhaps there is a taxpayer building that might be available.
Mr. Arnold said if the City Council had no objection, he would
work with Mr. Allen contacting people and asking cooperation.
Mr~. Funk suggested Mr. Allen contact the Citizens Advisory
CUlllllLittee, who are working on a Teen Center and have charge of
the CUllulll.mi ty Fund.
#12 SUMMER RECREATION: Mr. Arnold briefed the Council
on the meeting with representa-
tives of Tri City Baseball/Softball Association and the Softball
Association in which they agreed upon the use of the ball fields
and requested Council decision on whether they will allow the
use of ball field lights.
Mayor Bueker suggested that to uphold the limited use of energy,
then the league should submit a schedule based on maximum use
of daylight hours in their play. Then the Council can make
a determination on what has to be fitted in on a lighted
schedule in order to allow the people of our own area to
participate in sports they desire.
#13 PAPER DRIVE: In order to clarify one point, Mr.
Arnold said his placing the Scout
Association as the only recipient of the Lion's Club funds was
in error as everyone knows. Mr. Chambless said the Lions
requested the use of a City Vehicle to transport the paper
from Schertz to the place buying it - not to be used for pick-
up on City streets.
After discussion, Mr. Schwartz moved to table this request
until further study can be made on the subject. Mrs. Koch
seconded the motion with all members voting aye. Mr. Arnold
said he might be able to get a private citizen to donate a
truck.
#14 AUTHORIZATION TO PAY R&R CONSTRUCTION CO.: Mayor
Bueker
read the statement in the amount of $2557.50 for the installation
of the Lone Oak Subdivision sewer line.
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Mr. Arnold advised the Council that Mr. Gaddis, City Engineer;
Mr. Patterson, City Utility Supt.; and Mr. Johnson, Street
Supt. have all three approved this project. He also feels that
R&R Construction will fix anything that might need correcting.
Mr. Sandifer moved to pay this statement in the amount of
$2557.50. Mrs. Funk seconded the motion with all members
voting aye.
#15 PLANNING & ZONING MINUTES: Concerning items 10 and
11 of the minutes of the
meeting of February 13, Mr. Arnold said he had written a letter
to Mr. Riedel requesting him to provide a privacy fence between
the Dairy Queen on FM 78 and the adjacent residences. The only
agreement in City Hall is a written agreement to this effect
between Mr. Riedel and the property owner.
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There was considerable discussion as to how to make the
developers or contractors c1fan up their debris while building
in in prog~ess and at completion.
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Mrs. Koch moved the minutes <l>f the P&Z meeting of February 13,
1974 be accepted. Mrs. Funk seconded the motion with all
members voting aye.
Mayor Bueker request thelCouncil skip over the previously
tabled items and general dis~ussion at this time.
#19 CALLING ELECTIONS: A. Mr. Sandifer moved to call
the Officer's Election for
April 6, 1974. Mrs. Funk seconded the motion with all
members voting aye.
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B. Mrs. Koch moved to call the Charter Election for April 6, J.J :::... t' ..
1974. Mr. Koo1e seconded th~ motion with all members voting ,.-
aye.
#18 Mrs. Funk moved the'meeting be adjourned at 12:10 A.M.
Motion was duly seconded with all members voting aye.
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,r1~d-<-~ C"" (~A-.J
Mayor Robert C. Bueker
ATTEST:
~ 11- /~rJLA4~ :
~ecretary June G. Krause
SPECIAL MEETH1G OF THE CITY COUNCIL
FEBRUJ,RY 22, 1974
Unable to hold meeting due to lack of quorum. Only members in
attendance were Mayor Bueker land Mrs. Koch, and Mr. Koole.