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