ccswks 06-29-1988
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SPECIAL MEETING OF THE CITY COUNCIL
JUNE 29, 1988
The Schertz City Council convened in Special Workshop Session,
Wednesday, June 29, 1988 at 7:00 p.m. in the Conference Room of
the Municipal Building, 1400 Schertz Parkway, Schertz, Texas.
,The following members were present: Mayor Earl W. Sawyer,
presiding; Earl P. Hartzog; Hal Baldwin; Ray Stanhope; - Adolph
Aguilar and Ken Greenwald.
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.1 BBARIRG OF RBSIDBRrS: Mr. Stan Simpson of Job Handlers
Inc. advised that' his firm manufactures forklifts for defense
contracts. They are currently under testing and have gentlemen
in town from the Air Force Headquarters. They usually use the
dirt tract at Camp Bullis; however were told at this time they
could not use that facility. Mr. Simpson was asking permission
to use Maske Road for the testing. He said the forklift was no
louder than a truck, had large tires and the pressure on the road
would be no more than a pickup. They would be driving no more
than 15 miles per hour and it has lights etc.. They -wished for
eermission to drive back and forth, starting at FM 1518 and turn
Just short of Schertz Parkway. In answer to questions by
Council, Mr. Simpson said they wished to start early in the
morning and would go until about mid afternoon. When advised
that a portion of that road was not in the city' limits, Mr.
Simpson said he had contacted the County, who gave permission.
Mr. Malford Ackermann and Dr. Peek, who live in the area, said
they had no objection providing Mr. Simpson would repair any
damaged caused. Mr. Simpson said he would have flag men at each
end of the road for traffic safety.
Mayor Sawyer asked Mr. Simpson to get with Mr. Simonson and put
something in writing, agreeing to the conditions set forth.
B. Mr. Malford Ackermann addressed Council concerning the fence
he has recently put into Maske Road. He acknowledged the letter
he had from Mr. Gilmore requesting that he move the fence and
large post and come in and talk about the right-of-way problem.
Mr. Ackermann said he now has cattle in that pasture and cannot
move them until about July 14th or 15th and asked for an
extension on the time limit given him. Mr. Ackermann said he
really did not appreciate getting the letter from the City
Attorney.
Mayor Sawyer advised that he wanted the fence moved and the post
out of the middle of the road. Mr. Ackermann said he would like
for the Council to come out and meet him up there to discuss it.
Some Councilmembers agreed to meet him there at 4:30 on Friday.
Dr. Peek said the road is closed up to his house and he would
like to see it opened up again. Mayor Sawyer advised that the 0
Council would not open the road again until the post is gone.
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Mr. Ackermann said he had talked with M~. Baldwin, who suggested
making it a private road; but Mr. Ackermann was not in favor of
that because he and the other people would then have to maintain
it. '
I Mr. Aguilar then asked Mr. Ackermann who has been maintaining the
road. Mr. Ackermann said he had done more than the City and when
he was with the County, they maintained the road. Mr. Ackermann
went on to say that where Dr. Peek lives used to be their
property and they were suppose to move the fence then but they
I did not have any money to do it.
Mr. Hartzog said that he did not want to give an extension. The
road has been used for 3~ to 4~ years and he felt the road needed
to be opened up.
Mr. Simonson said that if the post and fence is not moved, then
the City will go back to our attorney and can get an injunction.
Mr. Ackermann said he did not think he was doing anything wrong
when he put the fence on the property line.
Councilmembers agreed that they did not want to allow an
extension to Mr. Ackermann to get his fence removed.
Mr. Ackermann then asked if he could have an officer to assist
when he moves his cattle across Schertz Parkway. Mayor Sawyer
advised him to let Mr. Starr know when he was ready because we
really want to get the post out of the road.
C. Mrs. Peller in of Fawn Dr i ve in Deer Haven expressed her
concern about the traffic on Fawn Drive. She mentioned the
accident, when a boy was killed. She said at first after the
accident, people were careful but now people are walking and
jogging on Fawn and the speed of the cars is picking up
considerably. She said that Fawn Drive is downhill and she can
I see how a person could pick up speed. She does not feel widening
would help, nor would taking out trees. She suggested putting in
speed bumps or ruts, like on interstate access roads. She
expressed her concern that someone else would get killed there.
Mayor Sawyer advised the need to check with our attorney on the
liability when putting in speed bumps. Mr. Simonson said he had
checked with the attorney and was told it would be just like
putting someone in the middle of the road and the City would he
liable. Mr. Simonson said the road surface would not allow for
the ruts Mrs. Pellerin spoke of.
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Mayor Sawyer asked about putting in buttons. Mr. Simonson said
he would have to check on that. He also said that Mr. Graham
suggests putting up speed signs that are a little different -
saying 19 miles per hour instead of 2~ for instance. Mr.
Simonson said they have talked with people in Oak Forest also and
are trying to come up with some type of signs that would help.
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Mr. Stanhop.e asked Mrs. Pellerin who she fe~t were
were they from outside the subdivision or who.
said she felt it was just a natural thing to do
goes down hill:
Mr. Chuck Sharpe suggested that it might help if we had more
signs and also get the people to pay for the signs.
the speeders -
Mrs. Pellerin
as the street
Mr. Simpson said he lives at the top of Fawn and it is just
natural to go more than 21 miles per hour. He said when he lived
in Indiana the citizens got together and made up different sig~s.
Some would say .Please slow down. the second ones would be
stronger wording the the third would be explicit. They were in
different colors and were changed periodically.
Mrs. Pellerin again said she wanted the City to do more.
Mr. Baldwin said there a few streets in the city where you don't
have speeders and complaints about speeders. He said there is
just so many things the City can do - that speed bumps would make
citizens mad. Mr. Baldwin said he was just not sure what Mrs.
Pellerin wanted in City help.
Mr. Hartzog said there are legal things that have to be checked
out. He suggested having a committee of residents, staff,
Council representative and engineer to work toward getting a safe
street.
Mayor Sawyer agreed and asked Mr. Baldwin if he would be on that
committee. He also asked the City Manager to see that some
officers were there more frequently.
.2 Discussion of using BrBP funds to purchase police
equip-.ent~
Mr. Simonson advised the police officers have requested to use
the step funds to purchase radios. They have the funds to buy
them and if approved we would need to go out for bids. Mr.
Simonson advised there is a little over $11,111 in the step fund.
This is from officers volunteering their time and the money was
to buy needed equipment. There has been approximately $36,585
spent on their equipment since 1981.
Mr. Simonson said another questions that had come from Council
was what is the policy on Step. He advised that he could find no
policy on file. Be said he and Mr. Starr had checked with Live
Oak and they gave a brief synopsis of .their policy. Mr. Simonson
said his understanding was that this is officer'S money and they
should be able to spend it on what they feel they need. Most of
their radios are quite old and the person that did their
maintenance is no longer able to take care of it.
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(1) go out f91= bids on the
a step policy should be
Mr. Simonson had two suggestions:
very need radio equipment and (2)
written for the City of Schertz.
Mr. Hartzog asked if the radios being considered would work with
the City repeaters. Mr. Simonson said they would and if we meet
additional FCC frequencies, we will be better off still.
Mr. Baldwin said he had heard that state law has changed and
maybe the officers are no longer allowed to operate under the
Step program because of the Fair Labor Standards Act regulations.
Mr. Simonson said that Live Oak are working traffic and DWI only,
unless an extreme emergency exists.
Mr. Doerk, an officer in Universal City, stated he felt the way
our step program is being operated is illegal. Mayor Sawyer
asked that this be checked through the Fair Labor Standards.
Mr. Hartzog asked that this be put on the agenda to go out for
I bids for the radios and Council concurred.
13 Discussion of procedures for serving warrants.
Mr. Simmonson handed out a list of who has been serving
warrants, how many each and the time frames. He said he was
unable to find a copy of the procedures Mr. Gilmore had written
in April. There is nothing previous to that except in the
Council minutes of 1983. He said that Mr. Starr had given him a
procedure of what he felt would be equitable in serving warrants.
Mr. Hartzog said he notice in the 1983 there was some mention of
liability. Mr. Starr said that after proper training there
should be no more liability than giving tickets. Mr. Starr said
they would come up with training program for serving warrants.
Mr. Starr said one problem would be setting designated area to go
after someone to arrest because you cannot put an arrested person
in a private vehicle.
Mr. Aguilar asked if when a person is stopped for whatever reason
are they automatically checked for warrants. Mr. Starr said that
usually they do request that information.
After lengthy discussion by Council, Mayor Sawyer asked that the
policy be reworked and brought to Council for vote at the next
regular meeting.
#4 Discussion of preferred meeting attendance for new City
Attorney.
Mr. Greenwald said the first meeting of the month seemed to work
well. Council concurred that the first meeting of the month would
be appropriate.
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.5 Discussion of audit contract for 1988-89.
Mr. Aguilar asked the date the audit takes place and was told it
would become effective October 1, 1988. Mr. Aguilar then
mentioned that something had been said about having a special
audit for the interim City Manager taking over from Mr. Gilmore.
Mr. Baldwin suggested have the auditing firm be present at the
next regular meeting to discuss this item.
16 Clift' IlARAGBR~ S REPOft:
A. Mr. Simonson said the City had requested funding to have
Lower Seguin Road rebuilt under the Urban Road System. This
would include resurfacing, widening and striping. He said he was
notified this date this was approved in the funding so we will
see that road completely rebuilt.
B. We have a tentative agreement from the railroad to give us
the extra right of way we needed from Mill Street to the city
limits. If we can get that, the Highway will begin working on
that section. Mr. Simonson said Mr. Gilmore had asked him to
give a bid of $3,989' and they have accepted that. Mr. Simonson
said he suggested we begin as soon as possible to get staff and
Council to work on minimizing problems of parking, etc. with the
businesses. He said we need to get their input and concerns.
Mayor Sawyer said it may take personal contact and talk to the
people. He also suggested that a list be kept of all those who
called so that Council can go back and contact them.
Mr. Jim Shiver, president of the Business Club, said he would
begin contacting the businesses.
C. How does Council wish to dispose of the light fixtures we
replace in the ballfields. Mr. Greenwald suggested getting in
touch with Marty Martinez and he could tell us who might be still
using this type bulb.
D. Last Friday we verbally settle the Mangum case. The Surety
would pay the City of Schertz $319,995. If we did not break this
off at this point, we were looking at multitude of depositions
week after week and the costs might have gone to and additional
$199, 99~. This of course is subject to Council approval, when
the paper work comes back. Another consideration is that this
would have been tying up Ed Ford, John Bierschwale and Johnny
Peterson for the next 2 or 3 months and we have a lot of water
projects going right now and these people are needed on those.
E. The Parker Case - the offer has been made to the other party
but have not heard back but apparently that is allover.
F. Mr. Dovey has a request to reimburse SASA for overpayment of
taxes. It seems the Appraisal District over valued the property
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they own in Tri County Industrial Park. SASA paid the bill we
sent on this appraisal and now the district has come in with a
i lower evaluation. According to State Law any refund on taxes
i over $5~~ must be approved by Council.
Mayor Sawyer asked that this item be put on the next agenda.
i G. Have been presented a request by Chief Starr to promote
Officer Kruetler. Mr. Simonson said he would like to honor this
request; however we do not have another slot on the manning
. docket for another sergeant. Officer Kruetler is now serving as
i Cpl. Patrol.
Mayor Sawyer said he has ridden with Mr. Kruetler and feel he is
an exceptional officer.
Chief Starr said there is money in the budget to cover this
promotion and he will come back in the next budget with this
request for the manning docket.
Council agreed to give this as a temporary promotion.
H. Mr. Simonson requested that if Council has any concerns on
the budget regarding salary to please contact him.
#7 ITEMS BY COUNCIL:
Mr. Aguilar: Mr. Bierschwa1e is working on a conservation plan.
Mr. Aguilar said he feels San Antonio has to do their bl t in
conservation, as well as New Braunfels. Never-the-less, Schertz
should have some type of plan because eventually we will have to
conserve, We should work with neighboring cites on conservation.
Mr. Hartzog: A. On the 1987 street bonds, he is still confused
as his understanding is that the City had one million dollars
street bonds and he only sees $175,~~~ on the list given him.
Mayor Sawyer said the City has not sold the additional bonds.
1 Mr. Sawyer suggested having Mr. Graham at the next workshop to
answer any questions.
Mr. Hartzog said he did not think the chipper was to come out of
bond money. Mr. Greenwald explained that we had money left from
I saving on three pieces of equipment under the bonds to pay for
that.
B. Did we find out about seal coating on Elbel.
Mr. Simonson said he had called this date and told them because
of the delay, don't do anything until after the 4th of July. He
said he also asked for the completion schedule.
C.: For the 4th of July parade the Council will be riding in
convertibles. They should be at the Samuel Clemens parking lot
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at about 9:38 a.m.. He said the Boy Scout group are looking for
volunteers for the dunking booth.
D. Got an inventory of the police vehicles and it looks like the
vehicles on patrol go 8 miles per hour. He said he noticed that
three vehicles were recently purchased from New Braunfels and
asked if that should not have gone before Council. Mr. Hartzog
said he thinks it real nice for the officers to take vehicles
home but we should try to have two new vehicles each year and
rotate them among the officers.
Mayor Sawyer said perhaps they should talk about public service
bonds for police equipment and vehicles, fire and SAFES
equipment.
Mr. Wilman asked what happened to the plan set up on depreciation
for all vehicles in the City.
E. Someone asked Mr. Hartzog about three vehicles in the car
auction. He wanted to know if that should not have come before
Council for approval.
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F. Mr. Hartzog gave Council copies of a recruitment profile for
City Manager, giving the procedures and questions to ask. He
said he felt the selection of a City Manager was going to be one
of the most important things Council will be doing. He felt the
applications should be acknowledged and give the applicants a
time table. Also the applicants should be kept confidential. 0
They should be interview in Executive Session.
Holly Wood of the Herald newspaper said that according to a Court
decision, once Council gets to the point of personal interviews,
then you have to make those names public knowledge.
Mr, Stanhope: A. There is a problem on Curtiss where the people
moved out and have not cleaned up the property. We don t have an
ordinance whereby we can go back and get the people that moved
out to clean up - can only contact the owners.
B. Council should look at the Economic Development reactivation.
Mr. Baldwin: A. How many City Manager applications have been
received? Mrs. Krause said that 9 were on file.
B. Have the Rangers completed their report.
advised that they are still investigating.
Mr. Greenwa.lg: A. In looking over the vehicle situation in the
police depattment, he said he knew that it is not just the
police, we have other departments with vehicles that are getting
old. He agreed that C-ouncil needs to look at public safety
bonds. He felt the City could save money if they set up their
own mini maintenancesyste,!!. ~ Mr. Greenwald said he would comin the 0
tne following weekan<3 look at our vehicles' and 'CJiile estimates..
Mayor Sawyer
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Mayor Sawyer agreed, saying he would like to have Mr. Greenwald's
professional opinion on the City's fleet so that Mr. Simonson can
have something to work with on the budget.
i 8 ITEMS BY MAYOR: A. Reported on his meeting with the
citizens of Oak Forest. One suggestion was to contact Beck
Concrete and get them to pretty up the front of their business.
Mayor Sawyer said he had received a letter from Beck's wanting
him to bless their project. He said maybe he could get them to
swap out by them putting a fence in front of their business.
Another suggestion Oak Forest residents had was to contact a
local college architect to look at F.M. 78 to see if some way it
could be beautified. This would be a free service for them to
give us an opinion as to what it would look like.
B. The citizens in Lone Oak want to have a block party, blocking
off Roundtree from Circle Oak to Meadow Lane. Mayor Sawyer asked
Mr. Simonson to check this out. It is to be on the 16th of July
from 6 pm to midnight.
C. He received a ietter from Mr. Sharpe regarding his
suggestions on the Economic Development Committee. Mayor Sawyer
said Council has been talking about this and ML. Hartzog has
shown a desire to be a ~iaison on this committee.
r-- D. Would L.ke the City Manager to check ou.. policy on news
gather ing and news releases. If the responsible party is not
ava~labie someone e~se shou~d be able to speak for him
E. Mayor Sawyer asked to know what is a Certified agenda. Mr.
Baldwin explained it ~s an agenda for an executive sess~on
whereby the Mayor ceLtifies in writing that only certain subjects
wel.e discussed
F. the City should endeavor to find some method of contacting
QU. c,tizens _. either w.'th a newslettel." or something to keep them
bette:.-" info~med
Ho..-,-y Wood info:,med the Mayo.. he cou~d use the "Mayol."'s Corner"of
her newspaper every week or des i.gnate someone el se 'tousei it.
The deadline for this would be noon each Friday.
Mr. Aguilar reminded everyone that the Charter Review Committee
meets every Monday evening at 7:~~ p.m. and everyone is invited
to attend and give input.
Mr. Greenwald reminded Council they have in the past talked about
doing something with the Community Center. We have received a
proposal from GVEC to completely replace the entire
cooling/heating system for $21,e~~. Council needs to seriously
r look at this and lower the ceiling with a second floor for
: storage and office space. Mayor Sawyer suggested getting
estimates on decking the building.
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Mr. Stanhope asked if anyone had looked at the fence at the
Animal Shelter. Mr. Simonson said Mr. Graham's people had and
will go down and sho~e up or redo the whole thing.
Mayor Sawyer called attention to the Emergency Action Guide put
out by our coordinator. Seguin Savings has financed the'pLinting
of 4818 copies by having their add on the back cover.
Realty Wo~~d is having a Tamalado on July 15th from 3 to 5 p.m
and has invited Council. If going. you must RSVP by July 5th.
Mr. Aguilar said something was mentioned at the Austin meeting. we worry
about getting new businesses but should be thinking about the ones we have
now.
#9 ADJOURNMENT: Mayor Sawyer declared the meeting to be adjourned at
9:27 p.m.
ATTEST:
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