04-16-1974
80
REGULAR MEETING OF THE CITY COUNCIL
APRIL 16, 1974
The Schertz City Council convened in Regular Session
Tuesday, April 16, 1974 in the Council Chambers, 608 Live
Oak Road, at 7:00 p.m. with the following members present:
Mayor Robert C. Bueker, presiding; Mayor Pro-Tem Schwartz
Mrs. Funk, Mr. Sandifer, Mrs. Koch and Mr. Koole.
#1 APPROVAL OF MINUTES: Mr. Sandifer asked the City
Secretary to read the last
line of his letter to the Council which was read at the
meeting of April 2, 1974. The line was read as follows:
"Please have this letter read and placed in the official
minutes at your next Council meeting of April 2, 1974,
Sincerely, Hugh G. Sandifer." Mr. Sandifer then moved the
minutes of the April 2, 1974 meeting be corrected and a
copy be sent to him by the City Secretary.
Mayor Bueker said he had made the recv~uendation that the
contents of the letter not be included in the official
minutes. This was an action of the Council at a previous
meeting, on which all voted, that only matters relevant to
decision making processes in the city be declared a portion
of the legal minutes - all other items would be contained
on tape.
Mrs. Koch moved the minutes of the meeting of April 2, 1974
be accepted as presented. Mr. Koole seconded the motion.
Voting aye: Mrs. Koch, Mr. Koo1e, Mr. Schwartz
and Mrs. Funk
Voting Nay: Mr. Sandifer.
#2 OATH OF OFFICE: Mayor Bueker called the newly
elected officers forward and
requested Mrs. Krause, City Secretary, to administer the
oath of office. The newly elected officer being Mayor
Robert C. Bueker, Alderwoman Nell G. Funk and Alderman
Donald J. Seeba.
1f3 APPOINTMENT OF MAYOR PRO-TEM: Mr. Koole nominated
Mr. Seeba for Mayor
Pro-Tern with Mrs. Koch seconding the nomination. Mr. Seeba
nominated Mr. Robert Schwartz as Mayor Pro-Tern with Mrs. Funk
seconding the nomination. There being no further nominations,
the vote was taken as follows:
A. Voting for Mr. Seeba: Mr. Koole, Mrs. Koch and Mr.
Schwartz
Voting against Mr. Seeba: Mrs. Funk and Mr. Seeba
B. Voting for Mr. Schwartz: Mr. Seeba and Mrs. Funk
Voting Against Mr. Schwartz: Mr. Koole, Mrs. Koch
Abstaining: Mr. Schwartz
Mayor Bueker then declared Mr. Seeba as Mayor Pro-Tem.
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1t4 HEARING OF RESIDENTS: Mayor Bueker stated he was aware
there were many people who would
want to speak on item No. 5 but it would be too lengthy to take
their names at this time. They would be allowed to speak when
that item comes before the Council.
There were no residents having matters they wished to discuss
that were not on the agenda.
Mayor Bueker called a recess at 7:25 P.M. and asked the meeting
be reconvened at the Fire Station next door where there would
be more room.
#5 PERSONNEL: Mayor Bueker reconvened the meeting at
7:40 p.m. in the Fire Station and prefaced
the\~eeting with an opening statement concerning the firing
of the Chief of Police by the City Manager on Wednesday,
April 10, 1974.
In addition to statements by Mr. Arnold and Mr. Schoonover,
Mr. Robinson (Chief Schoonove~'s attorney) and the City Attor-
ney, the following citizens addressed the Council on this
matter:
Mr. Clifford Harris - 900 Colony Drive
Dona Kaderlik - 1200 Colony Drive
Steve Webster - 1029 Richmond Drive
Larry Lanning - 1008 Gettysburg Drive
Jiggs Biegert - 105 Church Street
Gordon Chisenhall - 300 Aviation Avenue
Walter Schneider - III Zuehl Road
Dick Howe - 1008 Fawn Drive
Jack Geiger - 1100 Fawn Drive
Martha Cherry - 1105 Fawn Drive
Tom Nowakowski - 601 Maple Drive
Johnnie Smith - 11th grader from Cibolo
David Schoonover - 616 River Road
Elvis H. Lewis - 200 Aviation
Leonard Kazben - 602 Wright Avenue
Colin Chauret - 117 Cotswold
Jewel Long - 400 Winburn Avenue
Barbara Roland - 204 Aero Avenue
Lester Bullock - 402 Pecan Drive
Bobby Chestnut - 605 Maple Drive
George Cook - 400 Aero Avenue
Lester Ke1Jy - 106 Laurel Lane
Bob Blanchette - 412 Nell Deane Blvd.
Marion Dolford - 410 Wright Avenue
Bud Price - 301 Aero Avenue
Dick Chambless - 504 Aviation Avenue
Don Rosson - 121 Cotswo1d Drive
After the hearing of residents, there was a short conference
by the parties concerned and their attorneys and Council mem-
bers. It was agreed to allow three days to Mr. Arnold to pre-
. pare a Bill of Particulars relating to this matter and that
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Mr. Schoonover be allowed ten days after recelvlng the Bill
of Particulars for the purpose of preparing his rebuttal
after which the Council would meet for discussion and de--
cision.
Mrs. Koch moved
for a period of
legal advisors,
final decision.
that Mr. Schoonover be given paid vacation
three plus 10 days as advised by their
at which time Council will meet and make
Mr. Koole seconded the motion.
After discussion by the Council and Attorney Harris, Mrs.
Koch withdrew her motion and Mr. Koole withdrew his second.
Mrs. Koch then moved Chief Schoonover be reinstated as
Chief of Police for a period of three plus ten days until
the Council has all the findings and can make final decision
on this case. Mr. Koole seconded the motion.
Voting Aye: Mrs. Koch and Mr. Koo1e
Voting Nay: Mrs. Funk, Mr. Schwartz and Mr. Seeba
Motion failed to carry.
Mr. Seeba moved to place Chief Schoonover in a leave status
with full pay for a period of 3 days for Mr. Arnold to pre-
pare his "Bill of Partidulars" and then ten days for Gene
Schoonover to prepare his rebuttal; then the Council have a
full review at that time. Mr. Schwartz seconded the motion.
Mr. Seeba amended his motion to include that the acting Chief
of Police at this time, Rudy de la Zerda, remain in this
position for the period of thirteen days. Mr. Schwartz
amended his second accordingly.
After a short discussion, the vote was as follows:
Voting Aye:
Voting Nay:
Mr. Seeba, Mr. Schwartz and Mrs. Funk
Mrs. Koch and Mr. Koo1e. Motion carried.
116
CCMA: Mayor Bueker suggested the discussion of the
sewer connection and extension policies for
the General Manager and President should be a work
item.
CCMA by
session
Mr. Seeba moved to table this item for a work session. Mrs.
Koch seconded the motion with all members voting aye.
117 URBAN RENEWAL PARK CONTRACT: Mr. Arnold explained
this is merely a
request to issue an assurance of cuwpliance of the terms and
price of the contract for development of the city park after
closeout of the local Urban Renewal office.
Mrs. Koch moved to authorize the Mayor to sign a letter of
cvwpliance of the terms and price of the contract for
f I development of the city park. Mr. Koole seconded the motion
J'
r: ' wi th all members voting aye.
83
#8 REZONING OF MAIN STREET: Mr. Arnold informed the
Council this item had
,been agreed upon but the motion was to be delayed until the
closing of the local Urban Renewal office.
",
Mrs. Koch moved to rezone both sides of Main Street from Oak ~'~
Street to Live Oak Road to a C-1 classification. Mr. Schwartz
seconded the motion with all members voting aye.
#9 CAC APPOINTMENTS: Mayor Bueker stated, as the eight
names submitted have not been
approved by the Citizens' Advisory CVlwllittee, no action can
be taken at this time.
Mrs. Koch moved to table the appointments to the CAC until
clarification. Mr. Koo1e seconded the motion with all members
voting aye.
#10 PLANNING & ZONING MINUTES: Mr. Koole moved the P&Z
minutes of the meeting
of March 27, 1974 be accepted as presented. Mr. Schwartz
seconded the motion with all members voting aye.
Mrs. Funk moved to accept the minutes of the P&Z meeting of
April 10, 1974 as presented. Mr. Seeba seconded the motion
wi th all members voting aye. '14
Mayor Bueker advised that by accepting the minutes of this
meeting, Mr. Chuck Peifer is automaticly accepted as a
member of that CVlluui ttee.
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#11 PREVIOUSLY TABLED SUBJECTS: There was nothing new
to discuss on any of
the six items listed.
#12 GENERAL DISCUSSION: Mr. Arnold introduced a
proposed ordinance amending
Section 16 of Ordinance No. 74-D-12 which was read for the
first time in accordance with the City Charter.
AMENDING SECTION 16 - SCHEDULE D OF ORDINANCE
NUMBER 74-D-l2 AND PROVIDING FOR THE PUBLICATION
OF SUCH.
Mr. Schwartz moved to
ordinance. Mrs. Funk
voting aye.
#13 ADJOURNMENT:
accept the first reading of the
seconded the motion with all members
j 11,.
rr . ,/ ,
Mr. Koo1e moved the meeting be adjourned
at 10:08 p.m. Mrs. Koch seconded the
motion with all members voting aye.
ATTEST:
AflJCV, ~
Robert C. Bueker, Mayor
June ~;e c%/~S~~ry