Loading...
ccswks 11-15-1995 SPECIAL MEETING OF THE CITY COUNCIL NOVEMBER 15, 1995 The Schertz City Council convened in Special Workshop Session on Wednesday, November 15, 1995 at 7:00 p.m. in the Conference Room of the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Hal Baldwin, presiding; Councilmembers Charles McDonald; Joe Potempa; Earl Sawyer; Timothy Swinney and Ken Greenwald. Staff present were City Manager Kerry Sweatt and Deputy City Secretary Dolores Butler. #1 APPROVAL OF MINUTES: A. Regular Session 10-3-95 Mr. Sawyer moved to approve the minutes Session 10-3-95. Mr. Swinney seconded carried with the following votes: for the the Regular motion which AYES: Councilmembers McDonald, Potempa~ sawyer, Swinney and Greenwald. NAYS: None. #2 HEARING OF RESIDENTS There was none. #3 Discuss appointment of Mayor Pro Tern. Mr. Sweatt commented Council adopted a policy a couple of years ago that rotated the duties of the Mayor Pro Tem by council place. Councilmember Swinney has now served six (6) months and the next position, by rotation arrangement, would be that of Mr. Greenwald and this item has been placed on the agenda for your discussion prior to formal action at the next action meeting. #4 Discuss final reading of an ordinance rezoning (5) acres of land from Single-Family Dwelling District to Public Use. five (R-l) Mr. Sweatt stated that this is the zoning ordinance that changes the zoning for the County Sub-Courthouse building proposed on a tract of land facing on Elbel Road, across Elbel and across the drainage area from the school administration building. Proposal is to allow the construction of a County Sub-Courthouse (sub-Office building). This ordinance passed on first reading after the public hearing was held. There was no further discussion. #5 Discuss final reading of Ordinances amending Traffic Code. revision to Code of Mr. Sweatt stated this is basically a housekeeping activity. -45- Mr. Greenwald asked if this also contains the speed limit on 1-35 and Mr. Sweatt replied, "yes". Mr. Greenwald said the "Feds" are fixing to give up control of the speed and turn it back to the cities. Mr. Swinney said that if he read correctly, that section is still supposed to stay 55 mph. Mr. Sweatt said it will be authorized for the state and the cities to make some change, either all the way up to 70 mph or some point in between; recommendation from the Bexar County line only and he is not sure when the final decision will be made. The state will make a recommendation, much as they do on state designated roads within city limits; generally we accept the state traffic engineer's recommendations as to speed setting, but this action Mr. Greenwald speaks of is a release by the Federal Highway Administration back to the states and local governments to set those speed limits at some amount up to 70 mph. . Mr. Greenwald commented Herald-Zietun~ showed 70 Braunfels city limit; 55 mph back all the way to 410. the article in the New Braunfels mph down to the northern New through New Braunfels; and 70 mph Mr. Sweatt stated the one he saw showed 70 mph from Bexar County line north. Our normal course of action would be, if it is the pleasure of the Council, acting with or without the state's recommendations, to come back and pass an ordinance amending a specific section of the ordinance setting speed limi ts . With no further discussion, Mayor Baldwin recommended placing this on the agenda for Tuesday night for final reading. #6 Discuss update report from Paragon Cable regarding cable matters. Mr. Sweatt introduced Gena Nivens, Cable, to update the fiber optics, process, and other cable activities. representing Paragon emergency notification Ms. Nivens thanked the council for the time and the city's business and continued support of Paragon. A few items going on, as you know, the sale to Time-Warner went through over the summer and Time-Warner is now the second largest cable company in the world. There is also a pending deal for Time-Warner to take over Turner Broadcasting and if that goes through it would make Time-Warner the largest entertainment company in the world. Some of you may be happy to know that Time-Warner is dropping some of the rap artists, etc. that were seen as real negative. The other (big) issue that Paragon is working on right now is fiber optic upgrade, and of course, Time-Warner is very insistent that we stay on schedule. The city of Schertz should be up and running in -46- 1996. Work is in progress in the Universal City, Live Oak, Windcrest area, finishing that and moving out here to complete the project in 1996 so you'll be able to look forward to better reception, better services, more channels. More channels have been added to the fiber optic upgrade area and additional channels will be added as well in the next several months, one of which will most likely be the History channel. Some of the other channels of note - Court TV, Faith and Value channel, the Food Network, and others. We also have the first Interactive channel on the Sega Channel for games. The service is about $30.00 per month and it cost $50.00 to set up and then 50 channels a month are available. Finally, the Emergency Alert System has been tested several times and everything is ready to go, waiting for paperwork from one of the other cities so that it is official. San Antonio will be running the Emergency Alert System. City Manager Sweatt is one of the main proponents of the system, encouraging Paragon to develop such a system and we will have to, as mandated by the FCC, have one in place by July of 1997 but are about two (2) years ahead of the power curve. This system allows access to the system whenever any city with a franchise agreement with paragon has an emergency. They will be able to use the system with a crawl being placed over every channel in the cable lineup notifying the viewer to tune in to Channel 21 (government access channel) for details of the emergency and instructions. Once the emergency has ended, the cities will be notified, another unique feature. Mr. Sweatt asked about the new pay per view movie menu, if that will be available. Ms. will movie Nivens said eventually at any time that they are testing some new services that allow choice of menu category and access the as opposed to the current fixed schedule. Mr. McDonald asked if the new fiber optics would require that cable be changed to each house? Ms. Nivens said yes, they will go where the old cable is and install the new fiber optics. The main thing that has to happen is that the boxes have to be switched out. Even for cable ready TV's a new box will be required in order to receive the services and there will be a charge. Mr. some there Sawyer could is no wondered if everyone had to take stay with the current service. requirement to add new services. the service or if Ms. Nivens said Mr. Swinney asked, with the Time-Warner deal and technology, if Ms. Nivens could venture any guess on the price stability on cable rates for the next few year? Ms. coming down. Nivens commented that if in from phone companies, It really just depends on anything, with the cable rates the competitive competition might come environment. -47- Inflationary cost might increase rates a little and pass through service cost, but otherwise, the future has to be very competitive. Mr. Sweatt stated that fiber optics is really the state-of-the-art not only for the interactive communication but two-way communication. Our arrangement with Paragon provides certain benefits through the use of fiber optics for future use for municipal activities and we are real fortunate the company has been farseeing enough to agree with us for the value of those kinds of things - operating traffic signals and all sorts of things can come about as fiber optics move into the cable system. Ms. Nivens stated that Paragon is one of the first cable companies to put in such an aggressive plan for rebuilding the cable into fiber optics. Paragon does now have the capability of putting in phone service. With the apartment complexes they already have just over 1,100 customers. Mr. Sawyer wondered, with Cablemax and the DSS systems coming in, if the city collects any kind of franchise fee or tax from the payments made to Cablemax and DSS? Mr. Sweatt stated there is no franchise fee paid but if they are subject to sales tax, the city does collect that. There being no further questions or comments, Mayor Baldwin thanked Ms. Nivens for attending the meeting and giving the update information. #7 Consider and take action rejecting bid on xeriscape park sidewalk. Mr. Sweatt stated this item has been placed as an action item. By November 7, 1995 on a 10:00 a.m. closing of the deadline for bids, only one (1) bid was received in the amount of $l6,758 for specific sidewalk type work in the xeriscape park on Borgfeld Road across from the Animal Shelter. With specific requirements appropriate for the theme of the park, the single bid was simply more than we have budgeted or funds available for the project, so we recommend you reject the one (1) bid received and we will look at some alternatives and re-bid the project. Joe Potempa asked $10,000 (received specifications. if after KD the Construction Company's deadline) would have bid met of our Mr. was They Sweatt said we think they could have but since received late, we didn't go through the bid in were aware of the specs and bid accordingly. the bid detail. Mr. not the Greenwald said, in recommend going less nature and intent of looking at alternative specs, he did than 6' width on the sidewalks due to the demonstration type park. -48- Mr. McDonald moved to reject the single bid for the park sidewalk from Robinson Construction. Mr. seconded the motion which carried with the following xeriscape Sawyer votes: AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None #8 Discuss street assessment policy improvements in Live Oak Hills Subdivision. for street Mr Sweatt, briefly setting the scene, reiterated that Live Oak Hills Subdivision lies along either side of Schertz Parkway between the municipal building and IH-35. The area was platted and ownership sold beginning in the late 60's and early 70's (Mr. Wood interjected the date was May 31, 1963). A spine roadway was built around a rural section, more or less; two course penetration type . surface, open ditch drainage, no water or sewer lines were extended lots averaging about 71' X 125', generally in that size lots were platted in that area. People bought those lots and they have set there since, undeveloped, basically due to the lack of utilities and the ability to extend utilities and streets. The property owners and the city have been approached by Ron Wood and Dale Johnson to discuss the possibility of establishing an assessment program for a portion of the improvements that will be necessary to go into the subdivision. Ron will describe the area he proposes to develop, his ownership relationship and how he would like to proceed with the city. The city has the authority under State law and City Charter to assess abutting property owners on the benefit principle- i.e., those abutting property owners who benefit from the presence of the street and drainage improvements can be assessed for their fair share of the cost of providing it. The city and only the city is empowered to do that. No one owner can commit the other owner to that program, no one can make any kind of binding arrangements outside of the city. Extension of utilities under our subdivision regulations can be accomplished and agreements can be entered into between the city and a developer for the purpose of extending water and sewer lines and the developer or person who pays the cost standing to recover at least a portion of their extension cost when additional connections are made, but no such arrangement exists for streets and drainage improvements except in an assessment program. This has been discussed on several occasions and I have discussed and reviewed the matter with the city attorney and have asked Ron to be here to discuss the possibility of doing an assessment program. Mr. Wood said the subdivision has been broken down into three phases as the economical way to do the project. Phase I would be from King Lane up Schertz parkway. This was put together in June with as many of the property owners who would come into the partnership to improve the property. Regarding those -49- who chose not to join the partnership, we have bought lots and are contracted to close on all remaining lots the original developer had - probably 60 lots in the Schertz area and 50 lots in the Selma area. In looking at the Phase I area, there are probably l50 net lots that can actually be used. With transmission lines running through the property at an angle, some of the lots aren't any good. The engineer discovered a drainage problem so all the corner lots on the road on the IH-35 side will have to go for a drainage channel to carry the water from the north side of Schertz Parkway, ending up with approximately 150 net lots. LCRA and GVEC have been dealt with and they plan to put another transmission line adjacent to the existing line so that will wipe out a bunch more lots, so we are looking at 150 on either side. The company's engineer and contractor at Ashley Place say it is going to cost approximately $8,000 per lot with streets, water and sewer and drainage to develop for market. Some people do not want to sell their lots but we have l20 lots out of the 150 net on one side. Of the other l50 lots, we have 80 lots on the other side; would like to end up with at least l30 and that is why we ask that you would do this assessment so that we can recapture no more, no less than what it costs to develop those lots. Mayor Baldwin asked if the assessment would just involve 20 or 30 lot owners that you don't have control over. Wood said that is correct as the other lots have already bought or the owners have entered into the partnership. the Mr. been Mr. Sweatt said likely the way it would have to happen is the engineer would do the design and we solicit bids and the bids are let; in the meantime, there are certain requisite hearings in which all the property owners have an opportunity to attend hearings and make their feelings known. The City Council has the right to pass an ordinance that assesses all of the property. Of course 120 of that assessment would be paid by the money that Ron has put into the pot, the remainder of that would be due and payable from the other owners. Mr. Wood said if it runs $8,000 a lot to bring each lot in, and there are 30 lots we don't have, that is a quarter of a million dollars. Mr. Johnson said that one of their concerns is that if they don't get the city to approve this, they are going to have a difficult time probably in the next two (2) phases. Once the contract work is started, people figure they are going to get their lots improved in Phase II and they probably won't come into the partnership. Mr. Swinney asked where they ultimately see this development going in homes. -50- Mr. Wood said basically, what the lots are going to sell for is somewhere between what Rayco is doing and what is being done in Greenshire. If you are marketing a lot for $20,000 or $22,000 you can't do it in a very small house. The square footage on the lots on the IH-35 side of Live Oak Boulevard are 75' X l20' and on the Schertz side, 70' X 120'. They go from 170' deep to a little over 200' deep. Most of the lots were originally sold for anywhere from $500 to $1,000. Mayor Baldwin asked what happens with those property owners who just absolutely refuse to pay. Is there a lien placed on the property for $8,OOO? Mr. Sweatt said the normal process would be, under the assessment program, once the front footage cost was determined (say $70 a running foot), your looking at $6,000 per lot for the street, curb and gutter and drainage portion.of the cost, a lien would be filed against the property and the property owner would have an opportunity to pay'it off with interest during a five (5) year period. That constitutes a lien against the property, second only to taxes. If the lien was not paid off, it would set there as an obligation to the property owner and as it changed ownership, it would be a bill that must be paid before they take clear title. The payment would be made to the city because the city entered into an agreement with the developer to repay those directly to him, both principal and interest collected. Mr. Sawyer asked properties owned ourselves. if we would have to put up any money on the by the city. Mr. Sweatt said we assess Mayor Baldwin asked Mr. Wood if he was the same Ron Wood that was going to do the project across the street. Mr. Wood replied yes, but the developer never did anything to get it ready before the contract time to close came and went. For the time being, until Ray Ellison sells out, it is a dead issue. Mayor Baldwin asked Mr. Wood, when he does this project at Live Oak Hills, if he would be the developer and would he be building homes and Mr. Wood replied some of them. Mr. Sawyer recommended the Council instruct the City Manager to press on with a cost estimate from the engineer and inform property owners of scheduled public hearing(s) for the purpose of intent to assess. Council agreed. #9 Discuss ordinance establishing child safety fees for specific Municipal Court charges. Mr. Sweatt stated that in the packets is a draft of an ordinance establishing specific child safety fees for specific Municipal Court charges. Judge Cinnamon is here to help answer questions. Judge Cinnamon, city Attorney Spain and -51- Chief Agee and I have reviewed this recommended ordinance. This is as a result of certain changes to the traffic code and other state authorized fees and charges based on violations of state and local ordinances. We propose that under this ordinance, additional fees over and above any fines or other charges, that an amount of $5.00 be charged for parking violations in school zones; $20.00 for speeding in school zones; $20.00 for overtaking and passing a school bus; and $20.00 thwarting compulsory school attendance. All of these are authorized under the recent amendments to state law. These are established as a child safety fee and establishes such a funding arrangement within the municipal government. These are proposed to be used primarily to fund a school crossing guard program as well as certain other kinds of activity for child safety. We think these funds, over and above the school crossing guard program, would go toward certain other things like child safety literature, anti-gang material, bicycle safety programs, etc" projects for which there are limited or no funds to accomplish. We estimate in this fiscal year we're looking at approximately $6,000. We've discussed, depending upon this activity and how the remainder of the first six (6) months of this fiscal year look, we may also want to come back to you and talk about adding a school crossing guard at Randolph and Aero due to additional congestion. The two guards we have now have been in essentially the same location for the last 13 years, maybe longer. Judge Cinnamon is here to answer questions as to how the ordinance was created. Mr. the ago, same Swinney asked why the school district isn't in charge of school crossing program. Mr. Sawyer said because years they let the school get away with putting it on the City, as they did in San Antonio. Mr. Sweatt said in our case, the program is operated through the police service but in some cities the school has operated the program, some have been joint activities, and some have been PTA programs. In any city there are plethoras of operation. Mr. Swinney asked if the city, through the police service, was deemed to be the most effective, most efficient way to approach the issue. Mr. Sweatt said, frankly, one of the best programs was one in which students were involved on a volunteer basis, run through a middle school activity, simply because it involved youngsters and seemed to have a good response. Mr. Sawyer suggested perhaps since the schools are building up a police force, they may want to take that over and control the crossing guards themselves in the future. -52- Mayor Baldwin said there are Mama Patrols in Universal City, but they also work in the cafeteria; so if the school district assumes the responsibility of school patrols in Schertz, we'd have to take a look at Universal City as well. Mayor Baldwin suggested if one wanted to make that recommendation to the school board, we do that, but he would suggest some research into the reality. Mr. Sweatt reminded Council there is a very small amount of funding from Bexar County from a license fee which accrues to us for funding of crossing guards. Mr. Swinney operation is up pulling an remarked that the problem with our current that if a crossing guard doesn't show up, we end officer off patrol. Mr. Potempa asked if these fees are mandated by, the state of Texas. Mr. Sweatt stated the maximum amount is established, and if it is the wish of the city to adopt them, they can. There is no requirement, this ordinance is purely optional on our part we felt it was an appropriate thing to do. We could not pass these fees to a greater amount. The Court and Judge sets the fine, but if we chose to set these fees they would simply not be assessed. In answer to Mr. McDonald's inquiry regarding overtaking a school bus - Mr. Sweatt said it had moved up to a Class B misdemeanor, a pretty serious offense. However, this last session moved it back down to a Class C misdemeanor. Judge Cinnamon said we can handle them here in Municipal Court, $500 maximum, $200 minimum. It was all based on the Attorney General's opinion that this fine only can incorporate these rehabilitative actions that we take. We can't lock them up, but we can make them commit some community service. Mr. Swinney asked Judge Cinnamon to help him legality, putting it in layman terms regarding compulsory school attendance for minors; is that thing as playing hooky and if so, how much is that cost them? with the thwarting the same going to Judge Cinnamon responded in the affirmative and the fine is up to the judge. For the juvenile who hasn't reached the 17th birthday it is $100.00 maximum; over that (17 years), I can go higher. By the same token, I can't consider it enforceable if they don't reach a l7th birthday during that school year; however, if they reach a l7th birthday during that school year, then they are punishable for that school year, not beyond. Mr. Swinney stated he has a real problem with this one offense. Understanding the intent is for a worthwhile cause, but the crime versus the penalty and its use is just so far separated; that being a fine for speeding in a school zone and -53- then getting nailed for $20.00 more to go for drug and alcohol abuse and child abuse that has no relation to speeding in a school zone doesn't make sense. This just comes across as the government reaching out, oozing around for more fees any way they can and it just doesn't have any ratio. On that basis, the ordinance wording, in his opinion, should strike all but "child safety". Mr. Sweatt stated that it was concluded that the funds would go primarily to the school crossing guard program, but any funds available over and above are, in his opinion, programs the police service could and should be operating that have merit and it seems more appropriate to collect those funds from those type of violators than it does from the general tax payer. A program that has not been mentioned, but he believes has significance, is furnishing child safety seats for persons who can prove indigence. Mr. Sweatt st~ted it would be up to the Council to approve or disapprove expenditures for certain programs in the budget process. Mr. Swinney said he thought the government was just going berserk with fees. You pick up the Schertz Police Blotter in the weekly paper and you see all this family violence. Why don't we start charging them $25.00 and fund family and child abuse? He said he could almost buy off on the ordinance if it was used just for school crossing guards because it is related, but our judicial system has always been punitive. We are turning our judicial system into a social taxing authority and it is wrong, it's dead wrong! He could relate the fine to the school crossing guard because that has to do a little bit with what the infraction was, but he has a problem voting for an ordinance that is going to take $20.00 from someone in a hurry one morning in front of Samuel Clemens to go buy a child car seat for someone who is poor, or run a drug and alcohol abuse prevention program for kids. That has nothing to do with it. Mr. McDonald said he thought the council would have to approve that in our line item budget. Judge Cinnamon stated the violation of a minor in possession has been changed during the recent legislation. Manditorily now, he must send them to a drug rehabilitation center for counseling. So far, he has only had two (2) and he's had someone pick up the cost so the City wouldn't have to pay. The law says that he must send them to one if it is available. Mr. Sawyer asked if the City has to pay for it. Judge Cinnamon said the City does not have to pay for it; however, the point is, that is part of child safety, and if these centers who are State certified and can charge for their services demand that we pay for this, he still has to send them and will have to come back to the City Manager to cough up some money. -54- Mr. Greenwald said no, we go back to the State that wrote the law that says you've got to do it and they're going to pay. Mayor Baldwin reiterated that Mr. Swinney stated he does not think we should use the money for drug programs; for specific things like car seats. If we take some of the verbiage out of that - pay for Mama Patrols (crossing guards) is the right way to use the money - $6,000 would buy us some more Mama Patrols. Mr. Greenwald said he agreed with Mr. Swinney, he would to have specific language removed, using the monies to school crossing guards, and anything over that be used child safety, period. like fund for Mayor Baldwin asked about using the excess money to paint the zebra crossing at the school crossing locations and/or providing equipment such as the orange c?nes used. Mr. Swinney reiterated that he thought the monies should be used solely for the school crossing program and that could include enhancements to that, but not for such fluff as an expensive video, anti-drug literature or car seats, it has no relation in his mind. It was agreed to strike specific verbiage in Section IV, third paragraph, last sentence to read, " If the City does not operate a school crossing guard program, or to the extent that the funds so collected exceed the amount necessary to fund the school crossing guard program, the City Manager may either deposit the additional money in an interest-bearing account or expend it for programs designed to enhance child safety". #lO CITY MANAGER'S REPORT: A. changing employee health insurance Pacificare and the item be placed on Recommended discussion of coverage from Humana to the next agenda. B. Recommended placing a discussion item on the next agenda regarding bids on the sewer line project. C. Suggested, at the pleasure of the City Council, to re-schedule the December 27, 1995 workshop meeting to accommodate holiday plans unless an emergency should arise. The next regular session being January 2, 1996 and the workshop session on January 10, 1996. D. Reminded Council of the City Christmas party and awards dinner at the Community Center on December 15, 1995, 6:30 p.m. III ITEMS BY CITY COUNCIL: A. Mr. Swinnev commented on the San Antonio councilmembers walking off from citizens during meetings. B. Noted that if the flat tax is enacted in Congress it will wipe out municipal bonds. -55- Mr. Potemoa: A. Reported the street light at Irola and Well, which was supposed to have been repaired, is off-and-on and asked Mr. Sweatt to call CPS to find out the status. B. Commended S.A.F.E.S. for responding to an accident in the City, representing the City well. ~r. Sawver: Mentioned the Lion's Club bake sale in front of Wuest next Wednesday for Thanksgiving. Mr. McDonald: collections. Commended Judge Cinnamon for the Court ~r. Greenwald: A. Reported vice-chairman Monday night Authority Board. B. Reported the Planning & Zoning Commission is looking at amending the gated community regulations. Fritz to the Schlather was elected as Canyon Regional Water C. Reported that from September, 1993 to September, 1995 there have been 821 lots platted and homes built. D. Reminded of the VFW breakfast and garage sale. E. Mentioned the MPO meeting at Live Oak Thursday night, 11/16. #12 ITEMS BY MAYOR: A. Reminder of the Senior Citizen's Craft Show at the Community Center, Saturday, November lB. B. Suggested communications be forwarded to push Clinton to insure inspections of the coming rash of Mexican vehicles. 113 ADJOURNMENT: by Mr. Swinney and adjourned at 9:32 p.m. and seconded meeting was ~ Texas ATTEST: 1J () j} .LJJr .Pa.-J i5 /..1 '7/!o./ -' Deputy City Secretary, City of Schertz -56-