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ccswks 12-09-1992 45 SPECIAL MEETING OF THE CITY COUNCIL DECEMBER 9, 1992 The Schertz City Council convened in Special Workshop Session, Wednesday, December 9, 1992 at 7:00 p.m. in the Conference Room of the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Earl W. Sawyer, presidingj Joe Potempa; Barbara Stanhope, Mary Marsh and Ken Greenwald. Absent: Hal Baldwin. Staff present were City Manager Kerry Sweatt and City Secretary June Krause. #1 HEARING OF RESIDENTS: None #2 Discussion of request to revise the Water Account Deposit. Mayor Sawyer said a gentleman had approached him and wanted to know why the City did not accept a Letter of Credit from other like entities. Mr. Sweatt advised that some cities do allow this; however, most cities in this area, and ones he had worked with over the State, require a deposit. He added that last year on deposit refunds $2,800 remained due after application of the $60.00 deposit was made for some 94 customers. He added that we feel the deposit is really too low. The way the process works, a customer can be approximately ninety days in arrears at cut off time. Mrs. Marsh said that while she did not think the letter of credit acceptance was wise, she did feel the gentleman was due a letter of rationale. Mr. Potempa said he traveled around a lot in the military and he always had to put up a deposit so could see no reason why we should accept the letter of credit. Mrs. Stanhope suggested leaving the deposit as is because they always had to put up a deposit when they moved. Mr. Greenwald said he spent 25 years in the military and the only place where he did not put up a deposit was when he lived on a military base. Mayor Sawyer agreed that, like the others, every place he moved to in the military required some amount of deposit. He requested the City Manager to notify Mr. Chappell that the unanimous decision of Council was to maintain the deposit system. #3 Discussion of status of Excel Cable Franchise. Mr. Sweatt advised that he had asked representatives of Excel Cable to be present to discuss the franchise with Council. He added that the franchise was accepted on 46 February 18, 1992, and contained prov~s~ons that certain actions should be taken within certain time frames. He continued that staff has been in contact with Excel and have received a letter of continuing action on financing that seemed appropriate. They are present to tell us what has been taking place. Mr. Jeff Gangwar gave a status report on their financing efforts with three suppliers. They would be meeting with one of them the next day and asked to return the following week to update the Council. Mr. Kevin Dawson mentioned it had been a long time since they had met with Council, saying he was sure everyone would like to see their cable system in place right now. He said they have been working with Mr. Sweatt and have been working with every ounce of energy they have with the three groups on financing. He assured Council they would not let this die out, adding that, hopefully, by January they could have the money in place. He ended by saying they just wanted to explain their position and get Council's blessing on their negotiations with the three groups and hopefully by January they would have something concrete. Mr. Gangwar said the government had enacted that will help them on their programming. He support what has happened and think it will Schertz and the area. a Cable said they be good Law do for Mayor Sawyer assured them that Council would like for them to continue. Mr. Sweatt asked Mr. Dawson to get a report to us by the end of the following week and then it would not be necessary to give a verbal report. #4 Discussion of an ordinance establishing a curfew for youth. Mayor Sawyer commented that this ordinance was thoroughly discussed with citizens at the last meeting, then asked if Council had any further comments. Mr. Greenwald said that all contacts he had received about this was to ask if the ordinance was already in force. Mrs. Marsh's comment interesting that other ordinance for guidelines. was to press on. She did cities are wanting to find use it our #5 Discussion of public hearing on proposed name change for F.M. 3009. Mayor Sawyer mentioned that Mr. Baldwin had suggested changing the name of Jack Hays Boulevard/F.M. 3009 to Roy Richard Drive. 47 Council had no further comments at this time. Mr. Sweatt advised that Planning & Zoning Commission had their public hearing the previous night and would be making a recommendation. #6 ORDINANCE: Mayor Sawyer introduced an ordinance and read the caption as follows: 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 2.34 ACRES OF LAND OUT OF COMAL COUNTY. Mrs. Marsh moved to approve the first reading of an ordinance on the proposed disannexation of 2.34 acres of land out of Comal County. Mr. Potempa seconded the motion, which carried with the fOllowing vote: AYES: Councilmembers Greenwald. NAYS: None Potempa, Stanhope, Marsh and Mr. Sweatt informed that the ordinance would now appear on the agenda for the December 15th meeting for finalization. #7 Ordinance penalty. Discussion of an amendment to the Animal establishing administration fees in Control lieu of Mr. Sweatt said that for some time we have felt some need to make changes in our animal control ordinance. In the past, an individual might receive a citation for no registration or rabies vaccination; and then might have their pet registered and/or vaccinated by the time they appear in court. The Judge has no way to dismiss or lower the penalty. Under some circumstances, it would seem appropriate to dismiss the citation and just levy an administration fee, which is very similar to some state violations such as no inspection sticker, insurance, etc. This ordinance does not say the Judge must do this but that he could if the situation warrants. Mayor Sawyer said he did not have any objections to this. Mr. Sweatt said we hope this will judicial latitude and establish a means to public relations with animal owners. provide improve the our 48 Mr. Potempa asked if the animal had his rabies vaccination at the time of citation but it could not be found, would the owners still have to pay the fine. Mr. Sweatt said no, because he would not be guilty. #8 Discussion of a request for a rate and other changes to the Solid Waste Collection Franchise. Mr. Sweatt reminded that Alamo Waste Disposal is completing a two-year period of their franchise contract and have done a good job. We have had few complaints and believe the contractor has worked diligently on those few complaints. As a result of Federal and State changes, there is a major increase in the tipping fees. Therefore, the contractor has come to us with a proposal for a rate change. Their request was for a two-year renewal on the contract and a 5% additional rate charge, with an additional two-year period after that. Mark Marquez has spent a great deal of time dealing with Mr. Gutierrez on this contract. The bottom line is for a 5.42% increase in commercial rates and 4.57% in residential rates. That reflects an increase in residential from $6.92 to $7.25 per month. This represents one two-year increase of 12.1% and that is in line with the increased tipping fees. At those rates, we still would be 19% below the original rate charge by the contractor prior to this franchise. After looking at the commercial rates, we fell we should increase across the board, with the exception of the two cubic yard container. The contractor has worked well with us and has handled complaints to our satisfaction. We recommend a two-year extensioni but at this stage, could not recommend a two-year extension fOllowing that. We always have the right to continue the contract from time to time and feel it is better just for a two-year period at this time. Mr. Henry Gutierrez agreed that he had been working with both Mr. Sweatt and Mark Marquez on this contract renewal. He said it was a good thing that they did not know the disposal rates would go up 34% this year; but they do expect the price to increase again by next May. He promised they would give the City good service and have agreed on the rate increase. However, about the two-year extension after the first extension, he requested further consideration of the extra two year extension. He said their plans include a sizable expansion of business, along with the proposal of setting up a recycling system here in the city. This will require a good amount of financial investment. He said it would be much more helpful to them in getting the financing and equipment if they had the longer range contract than just two years. Mrs. Marsh said that for sure Alamo Waste would be the city's solid waste contractor. The Gutierrez family has served the city well for a long time, providing extra things for the city and are always friendly. She said she found it encouraging they wanted to expand and that if they feel they " , , need some assurance for expansion, she did not see any reason why Council did not extend the contract the additional two years after the two-year extension. Mr. Potempa agreed, adding that they provide containers for city departments at no extra charge. Mr. Gutierrez said their contract provides that they furnish containers at no charge and as the city grows their services will have to grow along with it; but they understand that and will continue doing the same. He said Alamo Waste has never told the City they would not do something and he did not feel they ever would. Mrs. Stanhope said she agreed with Mrs. Marsh and Mr. Potempa. Mr. Greenwald reminded that the City wanted to promote businesses so he was in favor of the added two year extension. Mr. Gutierrez said he had worked pretty close with Mr. Sweatt, who realized they are local citizens and local business. He said that Mark had also put in a lot of time with him. He ended by saying they will always give the City of Schertz the very best they can. Business is growing and they are hiring more people. He said they started in Schertz, are based in Schertz and are real proud to be here. To reiterate, Mr. Sweatt said the recommendation was to increase the residential rate to $7.25 and 5.47% in the commercial rate, with a two-year extension in the franchise. Then Council recommended a four-year extension. #9 Bids on FM 3009 utility adjustment. Mr. Sweatt reminded that last month, we were notified we needed to establish an earlier schedule. The only way the City can accomplish that is to contract for a portion of the work, with our force account doing the rest of the work. We have solicited bids for four separate proposals, with the bid opening being on December 8th. He advised that only two bids were received and the apparent low bidders are Proposal I MC Ethridge, $26,622.50; Proposal II MC Ethridge, $36,538.00; Proposal III, MC Ethridge, $24,802.00 and Proposal IV, Joe Schumann, $31,200. Mr. Sweatt said that these all appear to be good bids, the engineer has reviewed them as well as our utility department. At the next meeting, we will be recommending these awards. Mayor Sawyer asked where the money was coming from and Mr. Sweatt said from the Water Department budget and reserve money. He added that if we did not have to meet the Department of Transportation's February schedule, we could save about $43,000. 50 Mayor Sawyer said of course we are committed to project and must continue. Council assured him they be ready to vote on this at the next meeting. this would #10 CITY MANAGER'S REPORT: A. Some time ago we discussed approving the purchase of land along I-35 for the proposed expansion of the fire department, as settlement of a delinquent tax suit. Mr. Sweatt said we have prevailed in that and hope to have this on the next agenda for action. This is a 10.245 acre tract of land and our cost would be the cost of the property less the $20,293 delinquent taxes due or a total of $41,372.95. Mayor Sawyer asked if this met with Council they indicated it did. He said he felt it fantastic buy. approval and would be a B. There will be a TML Legislative luncheon meeting on February 8th, which will include a briefing regarding legislative matters and a chance to meet with our legislators. C. Reminder of the Employee Awards Program on Friday evening. The committee has asked everyone to submit a 1950 picture of themselves for display - the theme is "The Fabulous Fifties" and there will be skits and other entertainment. #11 ITEMS BY COUNCIL: Mrs. Marsh: A. She commended Mark Marquez on appointment to the 1-35 Corridor Council, mentioning Mark is doing a good job. his that B. She also commended Steve Simonson and his committee on the marvelous job on the Christmas decorations. They seem to get better every year. C. She mentioned that she had tickets to the Trail Riders dinner/dance, sponsored by the Schertz Business Association. Plans are still to go to Ann Richards the night before to make the stew. D. For all VFW members, the Christmas party is the coming Sunday. The VOD scholarship will be awarded at that time. The previous Saturday, they had the District V VOD competition at this post. It was a good show and Schertz Samuel Clemens entry came in second place. E. She mentioned that part of the road on the entry of Oak Forest at Circle Oak is in need of some work. h1 C)_L F. The VFW every member their goal. has a big membership drive going now and if brought in one new member, they could meet Mr. PotemDa: A. He thanked the Street Department and Mr. Sweatt for the work done on Maske Road. B. He had received a call on a sewer problem at 5310 Plaza Drive. There is a problem with the septic system - the odor is so bad you cannot stay near there. C. He asked when the City was going to start with the extension of the water line on I-35 to complete the looping of the water line for Mobile Villa. Mr. Sweatt said it would be as soon as we finish the FM 3009 project. D. When he arrived at the meeting tonight, he noticed the dispatcher, who receives a clothing allowance, was in uniform. He felt it was time for her to get uniform, since they are getting a clothing allowance. that not into Mr. Greenwald: A. He mentioned that Steve Simonson was a little late to the P&Z Meeting because he is the new secretary of the San Antonio Chapter of the American Planning Association. He and Merwin Willman have been attending these meetings. B. The reason Mr. Willman is not present is that his mother passed away and Mr. Willman is in New York. #12 ITEMS BY MAYOR: Mayor Sawyer said he noticed that Mr. Chappel was present and asked Mr. Sweatt to inform Mr. Chappel what Council decision was on deposits. Mr. Sweatt first said he was sorry Mr. Chappel was not here when this item was discussed. He said the Council had reviewed the ordinance on changes in deposits policy and the Council has declined to make a change to the ordinance. He said they realized his concern and that we have many good water customers and it is a shame they have to be penalized for bad customers. We feel that requiring a deposit in our case is necessary and prudent business to help hold water rates down. Mr. Chappel said this is the only city he knows of where a deposit is required. Mayor Sawyer advised that our experience is quite different from his, in that all Council members have always had to pay deposits wherever they have lived. He added that we are not going to amend our ordinance as we feel it is fair. 52 #13 ADJOURNMENT: There being no further business, the meeting was adjourned at 8d3~:;;:;} ~~ " Aor.- City of ScMflz. Texas ATTEST : ~V . .~.." y Secretarr Ci ty of ~chertz