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
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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.
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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
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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.
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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.
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#13 ADJOURNMENT: There being no further business, the
meeting was adjourned at 8d3~:;;:;} ~~
" Aor.- City of ScMflz. Texas
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