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REGULAR MEETING OF THE CITY COUNCIL
JUNE 7, 1988
The Schertz City Council convened in Regular Session, Tuesday,
June 7, 1988, at 7: ~B p.m. in the Council Chambers of the
Municipal Complex, 14~~ Schertz Parkway, Schertz, Texas. The
following members were present: Mayor Earl w. Saw~er, Qresiding;
Ear 1 P. Hartzog; Hal Baldwin; Ray Stanhope and 1{en Greenwald.
Absent: Councilman Adolph Aguilar. Staff present were Assistant
City Manager Steve Simonson and City Secretary June G. Krause.
#1 APPROVAL OF MINUTES: ,A. Regular Meeting of May 17,
,1988. B. Special Meeting of May 2~, 1988. C. Special Meeting
of May 23, 1988. D. Special Meeting of June 1, 1988.
Mr. Stanhope moved to approve the minutes
of May 17th, Special Meeting of May 2~th,
23rd and Special Meeting of June 1, 1988.
the motion.
of the Regular Meeting
Special Meeting of May
Mr. Greenwald seconded
Mr. Hartzog requested the 19th paragraph under item #2 of the
minutes of the Special Meeting of May 2~, 1988 be corrected to
i read as follows: nMr. Hartzog, Baldwin and Aguilar said it
should be properly logged in." Mr. Hartzog also asked that the
13th paragraph under item #2 F be corrected to read as follows:
"At this time we are going into an Executive Session and everyone
is invited to stay." Mr. Hartzog then asked that the first
sentence of the 6th paragraph of item #8 of the minutes of the
Special Meeting of June 1, 1988 be corrected to read "Mr. Hartzog
said that he thought the Industrial Development Committee was
suppose to meet once a month but that they had not been doing
so."
Mayor Sawyer then called for a vote on the motion to approve the
minutes as corrected. The motion carried as follows:
AYES:
NAYS:
Councilmen Hartzog, Baldwin, Stanhope and Greenwald.
None
#2 APPOI~ENT: Consideration of appointment of an Interim
City Manager.
Mr. Greenwald moved to appoint Steve Simonson as Inter im City
Manager. Mr. Baldwin seconded the motion, which carried with the
following vote:
AYES: Councilmen Hartzog, Baldwin, Stanhope and Greenwald.
NAYS: None
Mr. Baldwin asked that Council consider some kind of increase in
salary while Mr. Simonson is in this position. He stated that
r- twice he had served in this capacity and was given additional
salary for the interim.
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Mr. Greenwald suggested this be discussed at the next workshop.
Mayor Sawyer agreed and asked that it be on the agenda.
13 BBARIRG OF RESIDEftS: A. Mr. Chuck Sharpe of 12B~
Antler Drive wished to address~Council and also reserve time for
item #7.
Mr. Sharpe said that Council had just approved the minutes of the
June 1st wo.rkshop in which Mr. Hartzog mentioned what he said. in
Executive Session and what came out of it; namely that the Lone
Oak residents said they wanted a traffic light on FM 78. 12 was
preparation of agenda items. Mr. Sharpe asked' Mr'. Hartzog if
that was essentially correct. Mr. Hartzog said he had mentioned
the Lone Oak concern in Executive Session but he said he had also
mentioned it before that.
Mr. Sharpe then said he assumed Mr. Hartzog was familiar with the
State Law on Executive Sessions and then asked if Mr. Hartzog
thought traffic lights and agenda items were proper Executive
Session items. Mr. Hartzog said it was not just brought up
during executive session.
Mr. Sharpe asked Mr. Stanhope, in his meeting with Mr. Baldwin
and Mr. Hartzog before the last workshop, what they talked about.
Mr. Stanhope replied that they did not have a meeting. He said
Council always stands around and talks with people but they did
not have a meeting.
Mr. Sharpe then said that at the last workshop a number of
Council gave their reasons as to why they could not support Mr.
Gilmore, saying he recalled Mr. Stanhope saying he did want to
wait until after the investigation was completed and if that was
bad, then Mr. Gilmore-would go. Mr. Sharpe said he recalled Mr.
Hartzog stating that if Mr. Gilmore did not get his way now, then
he would come in and resign and he did not know how many more
times Mr. Gilmore would do that. Mr. Sharpe said he felt once in
nine years'was not a bad record. Mr. Sharpe then said that Mr.
Baldwin had stated that a large part of the blame wason Mr.
Gilmore in the fact that meet1ngs were not posted properly so
that Council could take action in a timely manner. Mr. Sharpe
said that in the years he was on the Council, there was never any
problem getting items on the agenda. Mr. Baldwin stated that in
the last nine or six years he felt Council had held some not
quite legal executive sessions because. the agenda was not posted
right. Mr. Baldwin stated that Mr. Sharpe had told him that some
of the Appraisal Distr ict meetings may not have been posted
correctly according to law.
.4 ORDIRABCE: Mayor Sawyer introduced an ordinance and read
the caption as'follows:
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ORDINANCE NO. 88-S-14
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AN ORDINANCE BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS, AMENDING -THE SIGN
ORDINANCE NO. 86-S-28, ARTICLE VI, SIGNS
PERMITTED IN ALL BUSINESS, COMMERCIAL AND
MANUFACTURING DISTRICTS, SECTION 7, MAIN
STREET SPECIAL SIGN DISTRICT.
IMr. Greenwald moved to approve, on final consideration, an
ordinance amending the sign ordinance 86-S-28, Article VI Si9ns
permitted in all business, commercial and manufactur1ng
districts, Mr. Stanhope seconded the motion, which carried as
ifollows:
AYES: Councilmen Hartzog, Baldwin, Stanhope and Greenwald.
NAYS: None
#5 APPOINTMENT: Mayor Sawyer introduced Mr. Joe Potempa,
who was being 'cons-idered for appointment to the Planning and
Zoning Commission.
Mr. Stanhope moved to appoint Mr. Joe Potempa to the Planning and
Zoning Commission. Mr. Greenwald seconded the motion, which
carried with the following vote:
AYES: Councilmen Hartzog, Baldwin, Stanhope, and Greenwald.
NAYS: None
Mayor Sawyer told Mr. Potempa the City feels it is great to have
volunteers like him in our City.
#6 RESOLUTION: Mayor Sawyer introduced a resolution and
read the caption as follows:
RESOLUTION NO. 88-R-9
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A RESOLUTION BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ,' TEXAS, SETTING A TIME, DATE AND
PLACE FOR PUBLIC HEARINGS PURSUANT TO THE
PROPOSED DEANNEXATION OF APPROXIMATELY 3.98
ACRES OF LAND,' OUT OF COMAL COUNTY.
Mayor Sawyer explained this is land in Northc1iffe containing
about 6 or 7 houses that the Council annexed and with this
resolution, they are being disannexed.
Mr. Baldwin moved to approve the resolution setting a time, date
and place for public hear ings pursuant to the proposed
disannexation of approximately 3.98 acres out of Coma1 County.
Mr. Greenwald seconded the motion, which carried with the
following vote:
AYES: Councilmen Hartzog, Baldwin, Stanhope and Greenwald.
NAYS: None
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consultant
Department.
second. Mr.
HIRING CORSOLTAIft: Mr. Hartzog moved to not hire a
firm - to' -prepare management review of Police
Mayor Sawyer declared the motion died for lack of a
Hartzog withdrew his motion.
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Mr. Baldwin moved to table this item to hire a consultant firm to
Qrepare management review of Police Department for a fee of
~8,5&&. Mr. Btanhope seconded the motion.
Mr. Greenwald said that a citizen came to Council with a petition
requesting an investigation of the police department for the
following reasons but not limited to just these: a. daily
operation of the department b. excessive turnover rate in
department c. salary structure for the officers in comparison to
neighboring cities d. circumstances of officer IS resignations
and e. management and disbursement of warrant lOOnies. Mr.
Greenwald said that now Council is telling the citizens we are
going to table this investigation.
Mr. Baldwin said that Capt. Dean of the Texas Rangers has said
that he would not run a concurrent investigation.
Mr. Sharpe, who had reserved time, said with what is going on in
the City, people feel there is something wrong in the police 0
department. The petition that was presented to Council asked
that Council look into the daily operation of this department.
Mr. Sharpe suggested Council needs to make up their mind whether
or not they want to look into the department.
Mayor Sawyer then called for a vote on the motion before Council
and the motion carried as follows:
AYES:
NAYS:
Counc i Imen Ha.rt zog, Ba Idw in, Stanhope.
Councilman Greenwald.
. 8 BIDS FOR WATER LIRE IIIPROVBIIBIl1'S: A. Phase I Water
Line improvements South for the material-to construct proposed 12
inch distribution line from existing 6 inch distribution line to
the Ware-Seguin Road &.5 million gallon tank.
Mr. Greenwald moved to approve going out for bids on phase I for
the 12 inch distribution line to the Ware-Seguin Road tank. Mr.
Stanhope seconded the motion, which carried as follows;
AYES:
NAYS:
Councilmen Hartzog, Baldwin, Stanhope and Greenwald.
None
B. Phase II Water line Improvements Central for construction of
a 16 inch line from the existing 2& inch transmission line to the OJ
1.5 million gallon storage tank.
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Mr. Greenwald moved to go out for bids on Phase II to construct a
16 inch line from the existing 2B inch transmission line to the
1.5 million gallon storage tank. Mr. Baldwin seconded the
motion, which carried with the following vote:
AYES:
NAYS:
Councilmen Hartzog, Baldwin, Stanhope and Greenwald.
None
#9
Manager.
procedures for selection of City
DISCUSSION:
A.
Mayor Sawyer said Council has asked staff to advertise through
the Texas Municipal League, Texas City Management Association and
the local media.
B. appointment of Charter Review Committee.
Mayor Sawyer advised that under the City Charter, every even
numbered year Council will appoint a Charter Review Committee to
review the Charter to see if there are any changes that need to
be made. He then asked each Councilman to present a name for the
committee.
Mr. Hartzog nominated Dr. Roy W. Richard
Mr. Baldwin nominated Steve Lamm'
Mr. Stanhope nominated Carol Cyr
Mr. Greenwald nominated Serafin Martinez
Mayor Sawyer nominated Councilman Adolph Aguilar to be Council
liaison; with Mrs. Krause being staff representative.
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Mayor Sawyer then introduced Dr. Richard, who has agreed to Chair
the Committee, saying he has great experience from having been
Mayor in the past. He then thanked Dr. Richard, saying Council
would give the committee some things they consider need amending.
Mayor Sawyer advised that this is one of the most important
things Council can do for this city. Adding that he had a part
in writing the charter in 1974 and looked forward to working with
Dr. Richard.
#l~ EXECUTIVE SESSION: Mayor Sawyer then called an
Executive Session, under Article 6252-17 of Vernon's Texas Civil
Statutes, Section 2 (e) for a briefing by the City Attorney on
Mangum, Bindseil/Ackermann and Parker cases at 7:22 p.m.
The Regular Session was reconvened at 7:59 p.m.
ill ACTION EXECUTIVE SESSION: Mayor Sawyer announced that
an executive session was just held-with Attorney Michael Spain of
Fulbright and Jowarski on pending lawsuits with Mangum,
Bindseil/Achermann and the Parker Cases.
Mr. Hartzog advised Council is planning to meet with the
Insurance Attorney Becker at the next workshop for a briefing on
the Parker Case and all participants will be asked to attend.
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112 CITY IlAlJAGER'S REPOft:
clarification on- goin~ - out for City
specifically needed a cut-off date.
applications through July 15th.
Mr. Simonson asked for
Manager position. He
Council agreed to accept
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Mr. Simonson advised the City has a problem on Maske Road due to
a change in the fence line by Mr. Ackermann. He passed around
pictures showing the large pole Mr. Ackermann had placed in the
roadway, which is a definite traffic hazard. He advised he had
the Street Superintendent and police look at it, who both agreed
to the hazard. Maske Road has been closed from just past the
Peek's driveway to ~chertz Parkway for the present. Mr. Gilmore
had written Mr. Ackermann, who called and said the fence is now
where his property line is and he would not move it - he should
have had it out there years ago. There is a state law that says
once a road is used by the public for a certain number of years,
it becomes public domain.
Mayor Sawyer asked Attorney Spain to look into this as we need
quick action on this.
Mr. Simonson advised the Herald newspaper
Council wants to take an ad, as has been done
citizens to support their local businesses.
was to go with the $2e~ ad.
has asked if the
in the past, asking
Counc11 concensus
113 ITEMS BY COUNCIL: Mr. Hartzog said that on June 11th 0
the Library will bave" an open house celebrating tbeir 18tb
anniversary. They will have refreshments and people can tour the
bUilding.
The Library is putting together a volunteer appreciation day the
third Monday in July and it ~ould be nice if .the Council will be
there.
Also the Library will have a float in the July 4th parade.
The Charter Review Committee must report back to the Council
within three .months. Dr. Richard advised he would need a list of
items to be discussed.
Mayor Sawyer s.uggested Council make a list of items they would
specifically like the Committee to look at.
Mr. Baldwin said Council needs to let him know what date P&Z and
Council want to make a tour of the area. Mr. Greenwald would
pole P&Z as to what date most would be able to attend.
Mr. Stanhope said the City should make sure that portion of Maske
Road where the post is, stays closed.
114 ITEMS BY "YOR: Mayor Sawyer said he has advised Mr.
Stein of the Highway Department of the need for a traffic light
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on FM 78 at River Road or there about. He also asked the
residents of Lone Oak to write Congressman Kuempel of their need
for this light. It really does a lot of good when Council meets
with neighborhood groups.
Mayor Sawyer said there will be another meeting - this one the
Oak Forest Community people on June 23rd - and they have asked
Council to attend for question and answers.
Mayor Sawyer said he wanted everyone to know that he is available
to speak to any neighborhood grou~. He said just get in touch
with him and he would invite Counc11 to attend with him. He said
it is vital that these people be informed what the City is doing
and what it plans to do.
Mayor Sawyer then asked Mr. Simonson to check with the Highway
Department to see if we have a contract to clean out the drainage
ditch on the business side of FM 78.
#15 ADJO~ENT: Mr. Baldwin moved the meeting be
adjourned at 8: 15 p.m. 'Mr. Greenwald seconded the motion, which
carried unanimously.
ATTEST: