Loading...
02-19-1974 56 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. I I 57 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. t", " 1_ -,.. J . 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. 58 ~ ,f\ 0";' H'\' ~.. 1'1 !J 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. 59 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. r' . i Mr. Schwartz moved to take th~ necessary action to send the spec i- (,- fications to Guadalupe County CUlLulLissioner Court in order to re- ~ GO 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. t"\ I ' ?J\Y 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. 61 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. J ~~.. _.,..,.,~......... 62 , \\,\ 0i~ ~ 0/' ~ 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. 63 #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 I I . , 64 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. tn\ *\; \ 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. i i 65 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. I 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. I>, I ..' I' " 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. ,~ / '/j , <-;:? / ,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.