ccswks 11-30-1988
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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'11 ITEMS BY COUNCIL:
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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.
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# 13 ADJOURNMENT:
adjourned at 10:04 p.m.
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Mayor Sawyer declared the meeting to be
ATTEST: