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ccskws 06-15-1988 166 SPECIAL SESSION OF THE CITY COUNCIL JUNE 15, 1988 The Schertz City Council convened in Special Workshop Session, Wednesday, June 15, 1988, at 7:88 p.m. in the Conference Room of the Municipal Complex, 1488 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Earl W. Sawyer, presiding; Earl P. Hartzog; Ray Stanhope; Adolph Aguilar and Ken Greenwald. Absent: Hal Baldwin. Staff present were Interim City Manager Steve SimonsQn and City Secretary June G. Krause. II BBARIlIG OF RBSIDBftS: None 12 Presentation by representatives of Rolling Oaks Mall. Ms. Janell Knipstein, Assistant Manager and Mr. Frank Kramer gave a slide presentation of the Rolling Oaks Mall at FM 1684 and Nacogdoches Road. The Rolling Oaks Mall will have' their Grand Opening July 28, 1988. Ms. Knipstein advised that this mall is being constructed by the same people that constructed both Windsor Park and Ingram Park Malls. Leasing is about 68%, with about 119 stores at present. There will be a six-screen theatre. The portion almost completed is Phase I; with Phase II being planned for several years down the road. The two present anchors are Sears and Dillards. MR. BALDWIN ARRIVED AT 7:~9 P.M. Ms. Knipstein stated that approximately 1588 new jobs would be created by the present phase and when phase II is built, there should be an additional 2588 jobs. After Mayor Sawyer thanked Ms. Knipstein and Mr. Kramer for giving their presentation, Ms. Knipstein invited all to join them for the opening on July 28th and often after that. 13 EXECtr.rlVE SBSSIOR: Mayor Sawyer called an executive session under Article' 6252-17 Vernon IS Texas Civil Statutes, Section 2 (e) for a briefing on the Parker Case by Attorney Douglas Becker at 7:22 p.m. The Workshop Session was reconvened at 8:24 p.m. 14 EXECUTIVE SESSION AC'.rIOR: Council had informed Attorney Becker settlement with Mr. Parker. Mayor Sawyer advised that to try to work out a IS Discussion of hiring consultant fir. to prepare ~nage.ent review of Police Depart.ent for a fee of $8,588. Mr. Hartzog advised that the Texas Commission on Law Enforcement will do this type investigation free if they are contacted. -F.,~.;". ~ il!:..r "l!: ...:"..l '\ n '-.-J o o ( 167 I , Mr. Simonson said that Texas Ranger Rodr iquez had informed him also that the Commission on Law Enforcement would do this type of investigation for free. Mayor Sawyer, with Council agreement, advised Mr. Simonson to get information on this to be done after the completion of the Texas Ranger investigation. If they will not do it free, them bring it back to Council. #6 Discussion of items to be considered by the Charter Review Committee. Dr. Richa~d, Chairman of the committee, advised that the first meeting would be Monday, June 2~th at 7:~~ p.m. Mr. Greenwald asked the .committee to take a look-at the cut-off date for the budget. He said because of the Appraisal delay in getting figures to Council, they needed more approve the budget. Dr. Richard said he would like to have only two Council Members at a time to meet with the committee. ""'.- - Distrwoi time to Mayor Sawyer advised that the chapter on taxation needs to be completely revised to comply with state law. He also reminded Dr. Richard to be aware that any changes suggested would require ,__ an election and the more extensive, the more expensive. Mr. Hartzog submitted a list of seven areas of concern to him: Section 4.~9 - Meetings and Procedures Section 5.~1 - City Manager Appointment, Qualifications Section 6.~2 - Personnel Rules Section 6.~6 - City Secretary Section 6.~7 - Tax Assessor Collector Section 7.~5 - Capital Improvements Program Section 9.~1 - City Elections A gentleman from the audience requested the committee look at the ! section requiring 25% of registered voters from the last election to sign a petition for recall, referendum or initiative. Mayor Sawyer said he was on the original Charter Committee and they put that in because if it only required l~% of the people , that voted in the last election, it would only take about 5~ to . 6~ signatures for a recall. This was put in the way it is to prevent frivolous recall elections. Especially since the recalled councilmember could turn right around and run again. Dr. Richard said the first meeting on Monday would be primarily to just get acquainted. r-- l 168 17 Discussion of salary for Interim City Manager. Mayor Sawyer said it seems only right that Council pay Mr. OJ! Simonson an increased salary and make it retroactive to the previous Tuesday, when he was appointed Interim City Manager. Council discussed various ways to arriving at a figure, with Mr. Baldwin suggesting splitting the difference between Mr. Simonson present salary and that of the City Manager, which would be about $2415 a month. Mayor Sawyer reminded that this should also include the use of the City vehicle and the City Manager's office. 18 Discussion of priorities on second phase and succeeding phases for Bond issue Street Seal Coating. Mr. Simonson called attention to the handout, saying it was proposed now since we are going into the first phase, it would be a good time to go out for bids on the remaining phases. He advised that he was anticipating doing three phases this year. Mr. Aguilar and Mr. Greenwald questioned the item of doing Borgfeld/Elbel/Aero in that order because it would be after school sta..'ted. Mr. Hartzog asked if the City could get a change order to the phase I and put Borgfeld and Aero on that to be done during the 0 summer school holidays. Mr. Graham said he would check on that the next day. Mr. Baldwin questioned the Aviation Heights streets, saying that Village I and II were put in before Urban Renewal completed Aviation Heights. Mr. Graham said that Mitchell and Aero were redone about 8 or 9 years ago and that Brooks is in real good shape. Mr. Hartzog asked contract prices. lot of variables. figures. Mayor Sawyer again advised to be sure the contractor' sweeps up the excess rocks. Mr. Simonson said the last time the specifications were written using Highway specifications; however this time they will be using smaller rocks and should not cause as much trouble if the prices on the proposal were based on the Mr. Simonson said they were and it depends on a He said he felt we could come in under these 19 CIn IlARAGER S REPORr: A. Concerning Maske Road, AttoLney Spain advised- there is not a State law that says afteL so many yea,e __':'t .~~col!~~... City. _~i_ght of way; however there are plenty of case law that. covers this. - It becomes implied dedfcation. The City would possibly have to go to court after writing Mr. Ackermann a letter to remove the pole.. o . ',,~ (m 169 1 #7 Discussion of salary for Interim City Manager. Mayor Sawyer said it seems only right that Council pay Mr. Simonson an increased salary and make it retroactive to the previous Tuesday, when he was appointed Interim City Manager. Council discussed various ways to arriving at a figure, with Mr. Baldwin suggesting splitting the difference between Mr. Simonson present salary and that of the City Manager, which would be about $2415 a month. Mayor Sawxer reminded that this should also include the use of the C~ty vehicle and the City Manager' s office. i8 Discussion of priorities on second phase and succeeding phases for Bond issue Street Seal Coating. Mr. Simonson called attention to the handout, saying it was proposed now since we are going into the first phase, it would be a good time to go out for bids on the remaining phases. He advised that he was anticipating doing three phases this year. Mr. Aguilar and Mr. Greenwald questioned Borgfeld/Elbel/Aero in that order because school started. the item of doing it would be after --- , Mr. Hartzog asked if the City could get a change order to the phase I and put Borgfeld and Aero on that to be done during the summer school holidays. Mr. Graham said he would check on that the next day. Mr. Baldwin questioned the Aviation Heights streets, saying that Village I and II were put in before Urban Renewal completed Aviation Heights. Mr. Graham said that Mitchell and Aero were redone about 8 or 9 years ago and that Brooks is in real good shape. Mr. Hartzog asked contract prices. lot of variables. figures. if the prices on the proposal were based on the Mr. Simonson said they were and it depends on a He said he felt we could come in under these Mayor Sawyer again advised to be sure the contractor sweeps up the excess rocks. Mr. Simonson said the last time the specifications were written using Highway specifications; however this time they will be using smaller rocks and should not cause as much trouble. 19 CITY MAHAGER'S REPORT: A. Concerning Maske Road, Attorney Spain advised- there is not a State law that says after so many years it becomes City right of way; however there are Qlenty of case law that covers this. It becomes implied aedication. The City would possibly have to go to court after writing Mr. Ackermann a letter to remove the pole. 170 Mayor Sawyer asked if we could get an injunction to get him to [I. remove the post until we do go to court. Mr. Simonson was to check on that. Mr. Graham advised that Mr. Ackermann's new fence is 6 inches inside his property line. Mr. Stanhope asked who owns the property on the other side and was told that an investment group owns that land. Mr. Simonson said he would write a letter to Mr. Ackermann saying to remove the fence and post or imply the City will take him to court. Mr. Graham advised that the fence is electric and charged. B. Things are beginning to happen on the Magnum case. It seems that all attorneys are pressuring the Surety to settle this case. Mr. Simonson aSKed if the Council could designate someone to negotiate during sessions. Mayor Sawyer asked if Mr. Simonson was aware of what Council wanted to negotiate for. Mr. Simonson said he understood it would be $395,888. Mayor Sawyer said that is right and for Mr. Simonson to negotiate. C. Mr. Simonson presented a list of Transfers in Appropriations 0 for Council consideration. He said there was no changes in revenues and he was just changes around some figures within departments, with the exception of some from Parks to Streets. fl8 I~BIIS BY COOl1CIL: Mr. Bartz09 asked if anyone was planning to attend the Regional Water Conservation Seminar on June 17th and Mr. Aguilar said he would go. B. We have a back log on seal coating of streets because the tax kettle has a crack and has become a hazard. Mr. Simonson said the was brought up by Mr. Graham, who requested a replacement that would do more than seal cracks. It could be used for laying of oil, etc. - a multi-use piece of equipment. Mr. Simonson said in looking over the budget, there might be some contingency funds available and he asked to be allowed to go for bids on this equipment, since two employees have already been burned on the present tar kettle. Mr. Graham said the current machine was bought some l~ years ago and is a roofing machine - not patching equipment. Mr. Hartzog asked if there is some surrounding city that has tar equipment that miqht swap for the use of our striping machine. He was told that if there was, the liability might be too great. o ,,"~.i</.Ii.! ;.;1:. ~ :!Ii. ' i ...au.__ . .iii '*, "le..;., .~;dlijj ;'" /---.-- I --- 171 f- ~ Mayor Sawyer said if you consider the workman comp claims, touncil should instruct the City Manager to go out for bids. touncil concurred with this. C. Mr. Hartzog asked of Council who wanted to sit on the Reviewing Stand and who wanted to ride in the July 4th parade. He would contact the VFW for them. D. Concerning the Deer Haven Streets, Mr. Hartzog said before he got on the Council, there was some information, about trees, sent to the attorney and he did not believe it had been brought back to Council. He said he felt something should be done about those streets to make them safer to the public. "ayor Sawyer said if they are looked at, they need to be brought ~p to City standards. He said Mr. Simonson and Mr. Sharpe made a survey and some trees marked are on private property and the City can't cut trees on private property. Mr. Simonson said he wrote the letter for Mr. Gilmore but he did pot recall getting a reply from the attorney. He said there were three specific questions he asked, and he would check on this. Mr. Sharpe said the right of way is not definitely defined. He said they wanted to get the attorney's opinion; then approach each property owner and that is where it was left. It probably ~ got caught up with Richard Harris's illness. He agreed something should be done to make the streets safer. Mr. Hartzog said he felt Council needed to get input from the people that live on the streets as to what they want done. He advised that there is also a hazard in Greenshire where there is Ian island that is not marked - signs are needed to say keep right iof island. IMr. Baldwin said he was told that there has been at least one ;major and possibly two minor accidents in Greenshire because there are no stop signs. Mr. Graham advised he had notified the owner about this and also put them on the right side of the road. Mr. Hartzog referred to the monthly reports, saying there is no Inumber of warrants. Mr. Simonson said he would get the number of all warrants served in the last six months for him. Mr. Simonson said he Mr. Starr had presented three alternatives for collecting warrants and he would furnish copies to Council. Mr. Hartzog said he had asked Mr. Simonson to get a breakdown of how many police cars and what shape they are in as it is now budget time. .~ Mr. Stanhope said the Animal Shelter is in really bad shape and asked who takes care of it. Mr. Simonson said it is in their job descriptions that the A/C personnel take care of it. 172 Mr. Stanhope said probably the City will have to look for another location for them as they are out of room also. Mayor Sawyer agreed and asked all people to be on the look out for suitable property that is affordable. Mr. Stanhope asked if anything has come up on the water well site lately. Mr. Simonson said we are looking at two sites in Guadalupe County. Morton Southwest and the John property. The John brothers won't make a decision. Mr. Baldwin said that Morton Southwest had made an offer but it was pretty high. Mayor Sawyer said we need obtain a site in Guadalupe County so that we would not be controlled by the Edward' Water District, as they may be going to put restrictions on the Edwards. . Mr. Baldwin asked if P&Z had set a date for the tour of the City. Mr. Greenwald said the only date on Saturday would be the 18th, and then asked about the possibility of obtaining a bus some evening. There should only be about IS or 16 people. Council agreed to try for Wednesday evening the 22nd of June. Mr. Greenwald said he did look at the ball field lights at Lion's Field and they really are nice. They have approximately 1/3 less number of lights but more light for the field. Also should have a pretty good reduction in electric bills. Mr. Aguilar asked if Mr. Simonson had any idea when the railroad bridge would be complete. . Mr. Simonson advised they will be moving 1/2 of the bridge the next day. In two weeks they will come back and do the same with the other side. They have assured Mr. Simonson that they will get the creek down where it was before they started work. This does not affect FM 78 - just the low water crossing is closed for this repair. III ITBKS BY MAYOR: None 112 ADJOORRKBRr: Mayor Sawyer declared the meeting to be adjourned at~9:38-p~~~ ATTEST: y Secretary, City of Schertz ~';,f;q~;~)~;~;,'~B~: } j~~ ,;; ~, Q',. ,\ I , I ) o o