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ccswks 11-30-1988 8 \ SPECIAL MEETING OF THE CITY COUNCIL NOVEMBER 30, 1988 The Schertz City Council convened in Special Workshop Session, Wednesday, November 30, 1988, 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 , presidinq i Earl P. Hartzoq i Hal Baldwin i Ray Stanhope i Adolph Aguilar and Ken Greenwald. Staff present were: Ci ty Manager Kerry Sweatt and City Secretary June Krause. #1 HEARING OF RESIDENTS: Mr. Jim Shriver, President of the Schertz Business Club, announced that December 1st was the Annual Christmas Tree Lightinq and invited all citizens to come out and enjoy the program and Santa. Mr. Shriver also advised the Business Club will have their Annual Meetinq and part at 7:00 p.m. December 10th at Kountry Kitchen. Mr. Ty Brisgill mentioned that Homecrafters had a craft show in a model home again this year. Both years they mentioned the money from taxes that is qenerated from this show. Mr. Brisqill asked if the City could determine how much money the city received from this show. Mr. Sweatt answered that we may not be able to find out the percentage but could find out if they did pay sales taxes. Mr. Brisgill said that Council had received information in their packet from Planning and Zoning concerninq naming a committee to discuss development of a new City Plan. He asked if Council had discussed this as they would like to qet Council input. Mr. Sweatt said that P&Z basically wanted Council to discuss what they had presented and said with Council permission, it would be on the next workshop. ---- Mr. Bob Wicks said he had talked to the Assistant City Manager about a traffic ticket he received on Lower Seguin Road. He advised that a lot of people have received tickets and he felt the speed limit is under marked as this is a country road. There are two houses and one or two business only on that road. He requested Council discuss raising the speed limit on that road. Mayor Sawyer advised that Council intends to assure the safety of people that use that road. He said our police department has been requested to take a look at the speed limit on the road. *2 EXECUTIVE SESSION: Mayor Sawyer called an executive session under Article 6252-17, Section 2 (e) of Vernon's Texas Civil Statutes to discuss with the City Attorney possible litigation on annexation at 7:07 p.m. The Special Session was reconvened at 8:17 p.m. L~< ( 9 .: Mayor Sawyer advised that as a result of the previous item, the City Manager was instructed to attempt to reach equitable agreement with Garden Ridge. Mayor Sawyer then asked Council to skip to item #5, while our legal advisor was still present. '5 Discussion of legal notice publications. Mr. Sweatt commented that several weeks ago the question was raised about legality of our publications. The issue becomes more complicated through provisions wi thin the state law. Mr. Sweatt said he had talked with representatives of both local newspapers. Mr. Paul Davis of the Herald is present to talk about circulation figures. We are not asking Council to decide as to where we run our legal notices but there may be some changes in Attorney General opinion on subscription and rates. Mr. Sweat said there is a need to talk about our concerns with compliance. Mr. Paul Davis reiterated that the Herald has been running legal notices for the City ever since 1970, along with all cities from the area. An Attorney General opinion of 1977 addressed the second class permit and what the requirement is. It does say that a newspaper of general circulation can al so be used. As recent as 1984 the Attorney General issued a statement that a newspaper that changes from a second class permit to a second class controlled permit is qualified to run legal notices. The Texas Press Association changed their membership requirements to be active membership shall be limited to newspapers in publication at least one year prior to application, published at least once a week for at least fifty weeks, limiting no more than 75% of its content to advertising in at least 1/2 of its issue and if published more than four times a week at least 50% of its edi tor ial content must be by local staff and involve news of local governing bodies and local affairs. Must have a business office, maintain business hours and open to the public. It has been a question for many years as to what constitutes a legal newspaper. A newspaper of general circulation that everybody gets or you must have a second class permit from the postal system. The Texas Press Association Committee's opinion is that the method of a newspaper's distribution is not and should not determine the quality of a publication. A few years back his competitor did bring forth the question of were they a legal newspaper. That went before a hearing in Bexar County and the ruling there was, Mr. Davis said the Judge held up a Herald and asked what it was and was told it is a newspaper, so the judge said "Case Closed". He said they have never again been challenged nor has any city been sued for publishing their legal notices in the Herald since 1976. Mr. Davis said they have always been positive champions of all cities in the area. I \ 1{) ,;.. ' \ Mr. Sweatt advised that it was never the City's intention discuss the validity of any paper to cover our city; but to sure our legal notices are indeed legal. If a paper has gone paid subscription, does it get to all of our citizens. to be to Mr. Aguilar agreed that Council's questions concerned the circulation in the City of Schertz. Mr. Baldwin asked if the City would run a quarter page add on tax would it run three times for one charge. Mr. Daivs said yes, the paid time on Wednesday, the advertising circulation to all citizens and again in Saturday's paper. Mr. Davis also mentioned that they had not raised their advertising rates since 1985. Mr. Mike Spain said the City is looking for a practical solution in accordance with State law. There are a couple of levels - first is 'what is a newspaper' and basically it includes (a) must devote 25% of its total column inches to items of general interest (b) must be published not less frequently than once a week (c) must be entered as second class postal matter and (d) must have been published continually for not less than 12 months. Mr. Spain said there are a couple of questions especially concerning the leqal notices for bond election that he would like to check on further. Mr. Hartzog told Mr. Davis that this item was not Mr. Sweatt's area but brought up by Council. #3 PUBLIC USE HEARING: Mr. Sweatt advised that under the way the law was written, the City Manaqer holds this hearinq to receive oral or written comments on possible uses for the revenue sharinq funds. Althouqh Revenue Sharinq closed three years aqo, we are windinq up some $7529, plus interest. He said he did not feel these funds are taking away from other projects. We have looked at our needs and will prepare a budqet. Mr. Sweatt then open for comments. '-- Mr. Hartzog mentioned the request for $500 from Mrs. Sabo to pay a driver for the van. Mr. Stanhope asked if some of it could be spent for beautification. Mr. Baldwin suqqested spendinq some for Christmas decorations for the City streets. A citizen suggested putting a bench in somewhere between Wuest and Clyde Ford Village for the senior citizens. Mr. Sweatt said past discussions concerned funds for radio equipment, office equipment for City Manaqer's secretary, printer for City Secretary and some on the purchase of an emergency generator for the Municipal Complex. Mr. Sweatt said that when E- 911 comes on line we will need a larqer qenerator to run all the equipment. ----' ( 11 Mayor Sawyer said he felt Council could rely on the City Manager to spend this money reasonably. Mr. Sweatt advised that the schedule for the Revenue Sharing budget is to present the budget to Council on December 6th, hold the regular budget hearing on December 20th and adopt a budget on the 28th of December. He then declared the hearing closed at 8:47 p.m. #4 ORDIHAlICE: Mayor Sawyer introduced an ordinance and read the caption as follows: AN ORDINANCE PROVIDING FOR THE EXTENSION OF THE BOUNDARY LINES OF THE CITY OF SCHERTZ, TEXAS, BY THE ANNEXATION OF A TRACT OF LAND CONTAINING 30.63 ACRES OF LAND, OUT OF COMAL AND GUADALUPE COUNTIES. Mr. Sweatt remarked that we do have a service plan for this tract of land and 12 property owners were notified of the City's intention to annex. Also both publiC hearings have been held. Mr. Greenwald moved to approve the first reading of an ordinance on the proposed annexation of 30.63 acres of land. Mr. Baldwin seconded the motion, which carried as follows: AYES: Councilmen Hartzog, Baldwin, Stanhope, Aguilar and Greenwald. NAYS: None '6 Discussion of December 6th agenda item. Mayor Sawyer asked if Council had any questions concerning the final reading of an ordinance amending ordinance 87-S-9 Creating the Planning and Zoning Commission. As there were no comments, Mayor Sawyer asked that this item be placed on the next agenda for action. '7 Discussion of authorization for bids and lease purchase of police vehicles and equipment. Mr. Sweatt commented that the City's fleet of police vehicles is in a deteriorated condition, running from poor to fair. He said we believe the best answer to our needs in the police service is to develop personnel and better equipment in the department. The City Manager presented a complete packet of the Chief's assessment of the department equipment, including vehicles, ancillary equipment, radar units and mobile radios. Mr. Sweatt advised that the City could enter into an Interlocal Agreement wi th the Houston-Galveston Area Council for lease purchase of vehicles over a four year period. The vehicle replacement plan suggested would be to, in January 1989, purchase 3 patrol units and 2 staff units for $70,040, 1989-90 purchase 3 patrol units \ 12 \ for $63,290, 1990-91 lease commitment $55,008; 1991-92 outright purchase of one replacement vehicle plus lease payment for $50,425j 1992-93 $6,891 to end lease proqram. At this point, we would commence outright purchase of new equipment. The fallacy of outright purchase from the beqinning is that we would not be able to replace any equipment. By the time we would be able to bring on the additional equipment, we would have spent more on maintenance then on lease purchase costs. Mr. Aquilar asked if the prices for the new vehicles included the old cars. Mr. Sweatt told him the prices do not include any trade in. We would be able to realize somethinq from they sale of of those vehicles but not much. Mr. Sweatt went on to say that we want to purchase much of the ancillary equipment this year because next year we will be doubling up on lease-payments. Mr. Stanhope asked why a Ford Crown Victoria and was told that was the lowest bid through Houston-Galveston COG. Mr. Baldwin said he thought the purpose in what was being done was to get unsafe vehicles off the road as soon as possible. He said he had a problem with buyinq two staff cars in the first year. It seems the two staff cars could wait. Mr. Sweatt said in his recommendation, we would be setting up a rotation by keepinq the City Manaqer vehicle one year and passing it on as a CID vehicle. Mr. Agee added that by buyinq five vehicles at one time, you create the situation where you would have to replace all five at one time. Mr. Baldwin said the only loqical way would be to buy three each year for three years. Mr. Aqee said if we bought three new cars, there would not be any money for ancillary equipment. Mr. Baldwin said he did not have a problem with lease-purchase but he did with buying two staff cars. He said he would not vote against it but felt everyone should look at the numbers. Mr. Aguilar questioned the maintenance costs in that Council added a maintenance person to the budqet to help alleviate some of that cost. Mr. Sweatt said the new person would do preventive maintenance and these costs do not include preventative maintenance. Mr. Agee added that there was only $9500 budqeted for maintenance this year and he has already spent over $3000 of that. Mr. Stanhope suqgested gettinq one staff car this year and another one the third year. Mayor Sawyer asked Council, in the interest of qetting new cars on the road, if they would be ready to vote the next meeting. L-... ( 13 Mr. Aguilar said he thought Council should go with one staff car and 4 police units the first year; and one staff car and three police units the second year. Mr. Hartzog suggested talking to our local banks to see if they could work out some type of lease-purchase to keep investment in the City. Mayor Sawyer asked the City Manager to talk with our local banks about this. Mr. Greenwald called attention to the training requirement in the sample lease-purchase agreement. Mr. Hartzog said one of the things Council will be looking at is $63,000 in next year's budqet and very little of the purchase money for this year came from general fund. Mayor Sawyer reminded Council that this is the first plan that staff has every come up with on vehicles and he thought it a good plan. He continued by saying Council should be aware that they will have to come up with the money - that is something that Mr. Sweatt has made Council aware of. ,a Discussion of police departmental restructuring of personnel. Mr. Sweatt said our view is to perform more efficiently and effectively. One of the first things Mr. Agee called his attention to is the need to increase supervisory personnel in the department. Mr. Sweatt recommended two additional sergeant positions be authorized. The two positions require no additional personnel. The benefits are two-fold. First, the span of control is reduced to three and from a 24 hour time frame to an 8 hour daily span. Mr. Agee advised that currently the department operates with 11 patrolmen and 1 sergeant and that one sergeant cannot be supervising 24 hours per day. The additions provide a wider career development path for newer officers; the two new positions would increase on-duty supervisory personnel by 67%; and the promotion of 2 current personnel to sergeants will allow us to return to three 8-hour shifts, consisting of 1 supervisor and 2 patrolmen per shift. Mr. Agee said the physical impact of this program for the remainder of this fiscal year would not exceed $1,550, including fringe benefits. Mr. Aguilar asked if Mr. Agee would be able to rotate the teams. Mr. Agee replied that he liked to rotate because it makes better well-rounded police officers. I \ 14: ~ Mayor Sawyer said he liked this restructuring and most of the Council aqreed. Mayor Sawyer then called for a short recess at 9:37 p.m. The Special Meeting was reconvened at 9:40 p.m. '9 Discussion of American Legion request to mount brackets and fly flaqs on certain days. Mr. Bill Neller, Commander of Leqion Post #610, said that at the last parade in Schertz he was discouraged to see only two flags on Main Street. He advised that there are 24 utility poles on Main Street from Schertz Parkway to the low-water crossing. He said they would like to put brackets on those poles so that National Flags could be flown on approved Military Observance Days. GVEC told him that the poles are, in part, the property of the City so he would have to have Council approval. He would work with the Street Department in placement of the brackets so that the flags would not interfere with any equipment or large trucks. Mayor Sawyer and Council had no objection to the Leqion qoinq forward with this projectj and thanked Mr. Neller for his participation in behalf of the American Legion. '10 CITY MANAGER'S REPORT: A. We do have a case cominq to trial next week in Guadalupe County dealinq with the condemnation for riqht of way on Schertz Parkway. We expect that to be resolved next week. B. We have scheduled an Employee Awards Banquet on Saturday, December 17. We will be callinq on you to make some remarks. We hope Council and their spouses can attend. C. We have aqreed to host the USC meetinq here on December 18 about 2:00 p.m. Would be happy for any Councilmember to attend. D. On December 7th at 7:30 there will be a Joint Land Use Study meeting. Both P&Z and Council are encouraged to attend. E. We are expectinq the settlement on the Manqum Case tomorrow. F. The legal departments of several cities are still studying the transfer of cable TV and we will have a representative come prior to passinq the resolution. Mr. Hartzog said there are probably about ten items of concern; one beinq the scholarships given in the last five years and are any qiven in this area; another concern is the status of Cipriano Guerra after the transfer. L--, '11 ITEMS BY COUNCIL: ( 5 -15 Mr. Aauilar: He noticed that we have started collecting vehicles in the back of the building. Mr. Sweatt said the one there is one we had to remove during seal coating; but no owner has come forward. We intend to treat it as an abandoned vehicle. Mr. Hartzoa: A. The staff is doing a great job on the newsletter. He said he was scheduled to do the next Council item and planned to talk about economic development. B. This is the end of November and we were suppose to have some type of report back from New Braunfels on the sewer lines. Mr. Sweatt said our engineers are still looking at numbers to see how the area of calculation compare with ours. C. There is a temporary trailer parked at the Quick Service on Schertz Parkway and they are selling stuffed animals etc. Is this in accordance with our code? Mr. Sweatt to check on this. D. Mr. Hartzog said he has a conflict with the December 17th city party and he will not be able to attend. It is the same night as the Annual Chamber meeting and he feels he should go to that. He said he would try to get by before it is over. Mr. Stanhope: He complimented staff on a good job on the seal coating; adding that he did not get any calls this time. Mr. Baldwin: with all due respect to our neighbor, Live Oak, the memo says they want to put up a sign near Garden Ridge; it is confusing enough to have "Garden Ridge" pottery but now to have Live Oak put up a sign saying "Live Oak down the road" is too much. Mr. Greenwald: A. The Health Inspection report - where is Butlers. Mr. Sweatt advised that it is up on I-35 near the flea market. We have had some problems up there in that one time they claim it is just a family residence and the next time they are selling to the public. We are trying to deal with it. B. There was a turkey impounded - who got it. #12 ITEMS BY MAYOR: A. Wrote letter to each member of the Charter Review Committee and the City Manager Selection Committee thanking them for serving on behalf of the Council. We hope to have them all at the next regular meeting and can present the letters to them at that time. B. Tuesday night representatives of the High School band will be at the meeting inviting everyone to the choir and band concert. C. Want to thank the City Manager and Chief Agee for the way they presented the back up on the police vehicles and restructuring of personnel. \ 16 # 13 ADJOURNMENT: adjourned at 10:04 p.m. \ Mayor Sawyer declared the meeting to be ATTEST: