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ccreg 08-16-1988 (- 231 ! 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. - , 1 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 Andrews advised that the representatives of Medipure Inc. have withdrawn their application for a specific use permit; therefore there will be no action taken at this time.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. r-- ,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 232 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. 11 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 ~t.~,:~:," ~. ~ ., "l', ~~""! '!!' , ;:, I o o o r r- l 1:- I I l 233 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. 294 \ 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 D 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. .--; 1 : U. II It Ir' M ~ !f<.'~.>-;.;l-J (' 235 r- 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: r--- 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 236 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 \ n U 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. . . ~..~. 1:$.;.... ',. ',h-~ .. ''f'l'' <"1. ...... .-. r l r- ,- I L 237 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