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REGULAR MEETING OF THE CITY COUNCIL
AUGUST 16, 1988
The Schertz City Council convened in Regular Session, Tuesday,
,August 16, 1988, at 7: 88 p.m. in the Council Chambers of the
I Municipal Complex, l4SS Schertz Parkway, Schertz, Texas. The
following members were present: Mayor EarlW. Sawyer, presiding;
Earl Hartzog; Hal Baldwin; Ray Stanhope; Adolph Aguilar and Ken
Greenwald. Staff present were Interim City Manager Steve
Simonson and City Secretary June G. Krause.
Prior to the regular agenda, Mayor Sawyer issued Certificates of
Participation in the Texas Super Guard Contest at College Station
to Michelle Singletary and Michell Garcia. Both young ladies are
current lifeguards at the Schertz Pool.
:POBLIC BEARING: The City Council and Planning & Zoning
Commission to'nold a joint public hearing to receive input on the
request for a Specific Use Permit from MediPure Inc. for a
facility on IH~35 that would process the incineration of
infectious and biomedical waste.
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Mayor Sawyer turned the joint meeting over to Mr. Bob Andrews,
,Chairman of Planning & Zoning.
, Mr. Andrews advised that the representatives of Medipure Inc.
have withdrawn their application for a specific use permit;
therefore there will be no action taken at this time.
Mayor Sawyer agreed that they had completely canceled their
request and then closed the public hearing at 7:03 p.m.
PUBLIC BEARING: The City Council to hold a public hearing to
receive input' 'on the proposed budget for fiscal year 1988-89.
Mr. Simonson briefly went over several items in the general fund
budget showing the revenues and expenditures. The proposed
i revenues for general fund are $2,876,429.91 and the proposed
expenditures are $2,052,782.00. Mr. Simonson advised this
reflects a balanced budget. He said that last year's tax rate
'was .2470/per $188 valuation and we are proposing a tax rate of
$0.2576/per $188 this year which equals to about a 1.96 cent
increase. Mr. Simonson then showed the difference in actual
taxes for property valued at $40, rIl00, an increase of $4.24;
$59,909, an increase of $5.38; $75,099, an increase of $7.95 and
a property with a value of $109,990 would be an increase of
$18.68.
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,Mr. Simonson said this proposed budget includes salary increase
for employees. SAFES budget shows an excess of $440.52 revenues
,over expenditures -and Water and Sewer shows $390 revenues over
expenditures. Under Capital Improvements we have a portable
paver and 3 police cars under General Fund and Trench Safety
equipment, copier, chlorine scales and repainting water tank
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under the Water and Sewer Capital Improvements. Both the trench
safety equipment and repainting of the water tank are mandated by
law.
Mr. Dick Howe asked if Mr. Simonson had increased the sale tax
line item and was told he was projecting $420,009 for this coming
year, saying he did not feel we could overestimate sales tax.
Mr. Howe asked about the appraised value and Mr. Simonson advised
that the City's appraised value went down this year. Mr.
Simonson said that with the exception of the raises, additional
for insurance and a couple of minor areas, this is essentially
the same budget as last year's budget. He said Council has done
everything possible to keep this budget as low as possible.
Mr. Chuck Sharpe asked what was the effective tax rate increase.
Mr. Simonson said it is .798, which is just under the roll back
percentage. Mr. Sharpe then said one of the things the City
should be looking at, which has been in the plans for years, is
the up grading of Jack Hays Boulevard. Mr. Simonson said we have
some money on hand and have talked with some of the land owners,'
who indicate they are willing to donate the land needed.
Mayor Sawyer then asked if there were any comments from Council.
Mr. Hartzog said he had the same concern as Mr. Sharpe and he
really feels we need to look at additional money for Jack Hays.
Mr. Stanhope said we do not know how much it will take for this
project, so why not wait and see what is needed.
Mr. Baldwin stated that he did not know where you could find the
money in this budget unless the tax rate was raised further.
There being no further comments from Council, Mayor Sawyer
declared the public hearing closed at 7:20 p.m.
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1988 and B.
APPROVAL OF RIRUrBS: A. Special Meeting of July 27,
Regular Meeting of August 2, 1988.
Mr. Hartzog asked that the third sentence of Mr. Stanhope's
portion of Item 19 of the minutes of the Special Session of July
27, 1988 be corrected to read: -He has not been'able to get in'
touch ~ith them this week.ft
Mr. Baldwin asked the gentleman's name under B of item 11 of the
minutes of the Workshop Meeting of July 27, 1988, be corrected to
read ftBrian Beck-. He also requested a correction to the same
minutes, the seventh paragraph under item 17 should read: ftMr.
Baldwin said he had never advocated raising the Transfer in lieu
of taxes because the water customers do not have any recourse but
to pay their bills.ft
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Mr. Aguilar moved to approve the minutes of the Special Meeting
of July 27, 1988 and the regular meeting of August 2, 1988. Mr.
Baldwin seconded the motion, which carried as follows:
AYES: Councilmen Hartzog, Baldwin, Stanhope, Aguilar and
Greenwald.
NAYS: None
#2 BEARING OF RESIDENTS: Mr. Harry Richburg of 1905 Fawn
Drive brought a 'petition 'from the residence on Fawn Drive. He
said what they are looking at are minor improvements to Fawn.
j They do not want a new street but just want this one brought
iback. He said they would like the street to have a flat curb to
keep the deterioration down. The signatures on the petition are
from people who live on Fawn Drive only.
Mayor Sawyer said Council would take this under advisement and
discuss it at a later workshop.
B. Mr. Pat Osborne who lives on 1-35 said he had been before
Council a year ago to ask for water and sewer for his property.
He was told that someone would get back with him but he had not
heard a word. Mayor Sawyer apologized to Mr. Osborne and asked
for one more chance and he would get some type of answer the
ifollowing week.
#3 ORDIRARCE: Mayor Sawyer introduced an ordinance and
read the caption as follows:
ORDINANCE NO. 88-A-15
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS, PROVIDING FOR THE
MODIFICATION OF THE BOUNDARY LINES OF THE
CITY OF SCHERTZ, TEXAS, BY THE DISANNEXATION
OF A TRACT OF LAND CONTAINING 3.98 ACRES OF
LAND OUT OF COMAL'COUNTY.
Mr. Baldwin moved to approve the ordinance on disannexation of
the 3.98 acres in Coma 1 County. Mr. Stanhope seconded the
motion, which carried with the following vote:
AYES: Councilmembers Hartzog, Baldwin, Stanhope, Aguilar
and Greenwald.
'NAYS: None
#4 BID AMARO: Consider and take action of awarding bid for
hand held radios for the police department.
Mr. Simonson advised this is for 14 hand held radios and the
money is available for this purchase. This is a good bid from a
Ivery reliable company.
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Mr. Stanhope moved to award the bid on the hand held radios to
Communication Professionals in the amount of $10,788.46. Mr.
Baldwin seconded the motion, which carried as follows:
AYES: Councilmen Hartzog, Baldwin, Stanhope, Aguilar and
Greenwald.
NAYS: None
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15 SEAL COA~IRG: Consider and take action on going out for
bids for Street Seal 'Coating.
Mr. Simonson said we would like to go out for bids to do all the
streets listed in the memo dated July 20, 1988 and do them at one
time.
Mr. Aguilar moved to go out for bids on seal coating city
streets. Mr. Hartzog seconded the motion, which carried as
follows:
AYES: Councilmen Hartzog, Baldwin, Stanhope, Aguilar and
Greenwald.
NAYS: None
16 ~AX ASSESSOBlC~R: Consider and take action on the
appointment of 'Tom Dovey to calculate and publish the effective
tax rate for 1988.
Mr. Baldwin moved to appoint Mr. Tom Dovey to calculate and Ul \
publish the tax rate for 1988 . Mr. Greenwald seconded the
motion, which carried with the following vote:
AYES: Councilmen Hartzog, Baldwin, Stanhope, Aguilar and
Greenwald.
NAYS: None
.7 ORDIBARCE: Mayor Sawyer introduced and read the caption
on an ordinance'as follows:
ORDINANCE NO. 88-M-16
AN ORDINANCE PROVIDING FUNDS FOR THE FISCAL
YEAR BEGINNING OCTOBER' Ii "1988 AND ENDING
SEPTEMBER -30,' '1989, BY APPROVING THE BUDGET
FOR SAID PERIOD AND APPROPRIATING THE
NECESSARY FUNDS OUT OF ~HE GENERAL AND' OTHER
REVENUES OF THE CITY 'OF SCHERTZ, TEXAS, FOR
SAID-YEAR -FOR THE 'MAINTENANCE'AND' OPERATION
OF THE VARIOUS' DEPARTMENTS - AND -FOR VARIOUS
ACTIVITIES AND IMPROVEMENTS OF' THE CITY; AND
DECLARING AN-EMERGENCY.
Mr. Baldwin moved to approve the budget for fiscal year 1988-1989
as presented. Mr. Greenwald seconded the motion.
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Mr. Aguilar said the budget was considered very seriously and
I particularly in taking some corrective action in the area of
salaries. He said our people's pay was low and we wanted to make
it equitable.
Mr. Baldwin said he would like to commend Mr. Simonson and the
work he did on this budget. In picking up the rains at the last
minute, Steve Simonson did an excellent job on the budget.
Mr. Stanhope agreed, saying Mr. Simonson did an outstanding job.
Mayor Sawyer said he agreed with their statements, saying Steve
took this job on with gusto. Mr. Sawyer then called for a vote
on the motion, which carried as follows:
AYES: Councilmen Hartzog, Baldwin, Stanhope, Aguilar and
iGreenwald.
NAYS: None
#8 EXEC11.rlVE SESSIOR: Mayor Sawyer called an executive
session under Article 6252-17, Section 2 (e) of Vernon's Texas
Civil Statutes to consider the offer that has been made to the
City of Schertz to settle the City of Schertz vs Mangum Inc. et
aI, lawsuit; and under Section 2 (g) to discuss personnel matters
relating to the Police Department, at 7:32 p.m.
r- The Regular Meeting was reconvened at 8:46 p.m.
19 Consider and take action on matters discussed in
preceding ezecutive session, itea 18.
Mayor Sawyer read a resolution concerning the Mangum Case as
follows:
RESOLUTION NO. 88-R-19
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
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i THAT the City of Schertz, Texas (IICityll) accepts the offer of
iContinental Indemnity Corporation, W.H. Mangum, Inc., John Knox,
Jr., Will Mangum, Susan Mangum, Margaret Mangum, J.M.
Manufacturing Company, Manville Sales Corporation, Mars Plumbing
Company (know as Fluorocarbon Co.), Defendants and Third-Party
Defendants in the lawsuit styled City of Schertz, Texas v. W. H.
Man9um, Inc. Et AL., Cause No. 85-666, pending in the' 25th
Jud1cial District Court of Guadalupe County, Texas (IILawsuitll),
to pay the City the sum of $312,886.95 and to fully release the
-City of and from any and all claims, actions, controversies, and
causes Of aC1:ion, Jtlhich were asserted or wQich could haye been
asserted aga1nst the City in the Lawsuit 1n exchange for the
lCity's full release of said Defendants and Third Party Defendants
of and from any and all claims, actions, controversies and causes
of action which were asserted or which could have been asserted
by the City in the Lawsuit. The City's acceptance of the
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settlement offer is contingent upon W. H. Mangum, Inc. securing
permission to enter into this settlement from the United States
Bankruptcy Court in which its bankruptcy case is pending and upon
Manville Sales Corporation and Polymer Raymond, Inc. securing
permission to enter into the settlement from the bankruptcy
courts in which their respective bankruptcy cases are pending.
BE IT FURTHER RESOLVED:
THAT the City hereby empowers and authorizes Steve Simonson, the
City's 'Acting City Manager, or the successor City Manager named
by the City Council, to execute all documents necessary to
effectuate the settlement of the Lawsuit.-
Mayor Sawyer then asked for a vote on the resolution.
Mr. Greenwald moved to approve the resolution. Mr. Baldwin
seconded the motion, which carried with the following vote:
AYES: Councilmen Hartzog, Baldwin, Stanhope, Aguilar and
Greenwald.
NAYS: None
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Mayor Sawyer explained this the settlement that we have been
involved with for several years.
Mayor Sawyer said the Council had also discussed matters relating D
to the Police Department and Mr. Simonson had a statement to I
make.
Mr. Simonson said: -The City of Schertz has received a copy of
an indictment issued ,on August 12, 1988 by the Guadalupe County
Grand Jury charging Jim Keith, Chief, of Police' of the City of
SChertz, with three felony violations. The City understands that
the Grand Jury is considering further allegations against Mr.
Keith.
110 CI~ RABAGER'S REPORr: A. Over half the water line
project for Ware-Seguin- road 'that is being done inhouse is 0
completed.
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B. The striping is going ahead fast, with the bike lanes being
completed by the end of this week.
#11 ITBKS BY COURCIL:
iMr. Aquilar: The past months have been rather busy in the City
and he said he would like to mention that all this work has been
Idone by excellent volunteers. The Charter Review has been
completed and thanks to volunteers, Council has worked through
the selection of a city manager. He said he wanted to thank the
members of the selection committee. Also a lot of work was done
ion the budget.
112 ITEMS BY IlAYOR:
Mayor Sawyer announced that Council has hired Mr. Kerry Sweatt
ifrom Brownsville and his first day of work will be September 6th.
!He said he also wanted to thank the three people who worked on
the Selection Committee.
iOn August 15th the first meeting of the Historical Association
iwas held, with about 14 persons present. They will meet on the
i3rd Monday of each month and will accept donations. Mayor Sawyer
said that Mr. Shriver has donated $199 and that he would meet
that. He then called upon any citizens interested in this to
icontact Mr. Shriver.
i 13 ADJOURIDIEN'l:
Mr. Baldwin moved the meeting be adjourned at 8:54 p.m. - the
:motion was duly seconded and unanimously carried.
ATTEST:
City