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ccswks 11-09-1988 ~~4 \ SPECIAL MEETING OF THE CITY COUNCIL NOVEMBER 9, 1988 o The Schertz City Council convened in Special Workshop Session, Wednesday, November 9, 1988, at 7:00 p.m. in the Conference Room of the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas. The followinq members were present: Mayor Earl W. Sawyer, presiding; Earl P. Hartzog; Hal Baldwin; Ray Stanhope; Adolph Aguilar and Ken Greenwald. Staff present were City Manager Kerry R. Sweatt and City Secretary June Krause. 11 REARIWO OF RESIDEBrS: Mr. Chuck Sharpe advised that the Guadalupe County Appraisal District will be appointing members to their board, which is composed of nine members. He was not sure which terms were open but said if anyone had names they wished to be considered to call him or Mr. Morris. He said they may cut the number of members to this board to seven because of budget problems. '2 President Dickie George to discuss Randolph Metrocoa Chaaber of C~rce Activities. Mrs. George presented sample packets to each Councilmember which included the membership directory, calendar of events, Metrocom Profile, the Proqress ' 88 monthly newsletter, and a pamphlet entitled "What the Chamber Can Do for You", explaininq a little D about each item. She also explained about their new "Free Brown Bag Seminars", setting out dates and topics for each seminar. Mrs. George listed some of their concerns as being: to shop local 1 y , various legislation on businesses, joblessness, public transportation. They also have a job bank available and are working with the schools giVing students six weeks of on-the-job training. Mrs. George ended by saying they are a service organization and are there to help. Concerninq dues, Mrs. George said they prefer to call them Annual investments and, in the past years the City of Schertz has been paying $1400. This year they chose to go the route of equality with all cities by recommendinq .0029% of the city's annual sales tax. Based on 1987 sales tax information, the City's 1989 recommended investment would be $1250. Mr. Aquilar asked what the administration consisted of in personnel. Mrs. George said they have two paid staff members and then the directors that are elected plus their volunteers. Mr. Greenwald asked about voting for directors. Mrs. George said they sent out letters in October and then later they sent out ballots. The number of ballots is based on the annual investment, which would mean Schertz would get five ballots. o Mr. Hartzoq asked about the maps the Chamber has always furnished. Mrs. George said that last year they investigated and ;'i~:E!C,:'-~":&i;.~',:Y"'H- '.,,-1i_:,~~'~', 1..1" -~ ,/Ii "'- '.." J',y.".nlill!!w!": ;""--." ( 295 .-- I I found the price would be 58 cents each with plain cover. If a company wanted advertising on the cover, they would cost 72 cents each. They asked their members to buy them but did not qet enough response to order more maps. Mr. Baldwin asked if she had asked each city to order 1000 or so maps. Mr. AqUilar said he felt the Council should write the other cities with this idea. Mayor Sawyer thanked Mrs. George for coming and briefing Council on their orqanization. '3 Discussion of Cable Television franchise transfer. Mr. Sweatt commented that Council had discussed on one earlier occasion this proposed transfer of franchise. We now have a copy lof a proposed resolution. Mr. Sweatt said he and the attorney 'had discussed this and the attorney is qoinq to recommend several ichanges before it is presented again to Council. Houston Industr ies Inc. is the parent company of KBLCOM and they appear ito have the resources and backqround to operate cable services. Mr. Baldwin asked if there was any quarantee they would not come up with an immediate rate increase. Mr. Sweatt said Council has ithe r iqht to object to a rate increase. They would have to inotify us of any rate increase and if we would object, we would !have to deal with the FCC. KBLCOM currently has 600,000 r- subscribers and this would add another 500,000; but this would only make them in the top five. Mr. Sweatt said he had talked Iwith several cities that have this company and they have had no problems. He commented that he had no problem recommending this for approval after the rewording changes by the city attorney. .This should be placed on a very near aqenda for first reading. ~r. Hartzog asked the number of years we have on the franchise !agreement. Mr. Sweatt advised there are several years left. Mr. IHartzoq called attention to the"option to purchase" clause San Antonio has in their current contract. Mayor Sawyer said that would be somethinq to talk about and asked if this would be a good time to consider increasinq the franchise fee. Mr. Aquilar said he would not be in favor of an increase because we would just be passinq it on to our citizens. Mr. Baldwin was not in favor of increasinq the fee either. Mr. ~artzoq said Council is lookinq at a tax increase down the line and this way Council could tax everybody and not just the property owners. Mr. Sweatt advised that several cities have raised the cable franchise tax up to 5% but in the San Antonio area no more than 3%. '4 Discussion of November 15th agenda iteas: A. Public Hearinq on proposed 30.63 acre annexation. information on this item. I No new i \ 2~6 ~ i I B. Final consideration of an ordinance amending 85-H-18, Schedule "A" Garbage Collection Fees. Mr. Hartzog said concerning the type III and IV rates on apartments and mobile homes, he was not satisfied with the answer given by Mr. Gutierrez because these places can generate as much garbage as single family dwellings and should be paying the same fee. o Mayor Sawyer suggested letting the City Manager look into this. Mr. Baldwin suggested that maybe density comes into it. '5 Discussion of Charter Review eo..1ttee rec~ndations. Mr. Aguilar went through the various recommendations made by the committee, which consisted mostly of clarifying and clean up to compl y with state law. There were several additions to the Council section adding some prohibitions; appointments and removals; interference with administration; and admission of liability. Section 6.06 City Secretary was expanded to show duties and responsibilities. Section 6.07 Tax Assessor-Collector was changed drastically to comply with the new laws. Section 7.06 Council Action on Budget was changed to allow Council more time to consider the proposed budget; Section 7.11 Audit was added. Section 10.03 Petitions, was changed to disallow facetious recalls and to make it easier to certify signatures. D Mr. Aguilar said there were a lot of additional ideas but the committee decided if it works, don't fix it. He said he felt it was a very good committee. Mr. Hartzog questioned if all the recommendations would be voted together or separately. Mayor Sawyer explained that he recommended Council vote to bring these to election next May and if there is one or two a person is against, then get out and talk against that item. Mayor Sawyer commended the committee and suggested writing a letter of appreciation to each member for a job well done. At this point, Mayor Sawyer recognized Mr. Cipriano Guerra who had requested time to speak on cable television. Mr. Guerra advised he was briefed on some of the discussion and it seemed to him one of the concerns of Council was the unfairness of San Antonio's buy-out clause. He assured Council that part of what they are doing in San Antonio is eliminating that clause in the new contract. He said they are getting a ten year renewal tacked on to this contract; it seems Houston Industries will have a franchise that goes 15 years beyond 1992. Mr. Aguilar said Council was thinking about putting the buy-out Dl clause in our agreement and Mr. Guerra said he hoped they would not do it. Mr. Guerra advised they are basically passing on the dE~f< ,ii:. ' '. ;:Y:,., Ii. . .r~. ~ ~'" tJl,.<3lLrf k ""I'" ~b~ ..T...~' . i _;:;." I 11~1' ,. I i- 297 - ,substance of the old agreement with no changes in quality of service and no changes in access channels. He continue, saying ,Council would only be agreeing to a new buy - if there is a new :buyer. Mr. Greenwald asked the consummation date. Mr. Guerra said there iare two dates the end of December to have evidence that leverything is acceptable to cities and end of February for the closing date. Mr. Guerra went on to say that San Antonio has a ,3% franchise fee and ten of the surrounding cities have 5%. All ,that is required is for the Council to pass an ordinance 'requesting the franchise fee be increased and to what extent. IAnswer ing Mr. Baldwin's question, Mr. Guerra said they can pin iPoint all addresses as to individual cities - they are working 'with each city to that end. If someone has a question just pick an address and they can locate it to our satisfaction. Mr. Sweatt said, as to specific boundaries, Rogers Cable TV have been ,very helpful. Mr. Baldwin asked if in the original contract did we have any right as to ownership of the system. Do we have the right to say ,no we do not want to sell to this company. ~ Mr. Guerra said that in the Cable Act of 1984, they have the right to require that the city would have to show that Rogers did ,not substantially live up to the contract, under Federal law. IMr. Sweatt asked for the specific wording on this Act - Mr. Guerra said he would forward it the next day. Mayor Sawyer told Mr. Guerra Council would have the first reading on December 6, providing we qet the legal wordinq from our attorney. He told Mr. Guerra he appreciated him coming out to .the meeting. Mayor Sawyer then called for a recess at 8:25 p.m. :The Workshop Session was reconvened at 8:30 p.m. '6 Discussion of GoinG out for bids on police cars. Mayor Sawyer said he believes Mr. Sweatt has ideas about how the money should be spent on these vehicles. i Mr. Sweatt said he is looking at needs for more than just this year. One of our needs is equipment in rolling stock. Seven have over 100,000 miles and two will have that shortly. Not only are our vehicles in bad shape from mileage, but condition; and the radios, radars, light bars etc are in bad condition. We see ia need for replacement of the fleet entirely and to up grade our r-- equipment. We have three choices. One - do nothinq; two - we rhave $40,000 in the budget which would allow us to buy three new pieces of equipment; three - replace the whole fleet at a cost of $13,000 each. We could issue Certificates of Deposit over a five I ~ 298 to six years proqram. The most desirable plan would be to purchase five new vehicles under lease-purchase arranqement. We could fund those five vehicles and a minimum of equipment for $40,000. The next year replace an additional four vehicles under lease-purchase arranqement. At that staqe, our total commitment would be at approximately $60,000. In 1991-92 the lease payment would reduce to $46,800 and the third year to $20,000. At the beqinninq of the fourth year all the equipment would be paid and we would lease purchase for one dollar. At that staqe, we would expect to be in qood enouqh shape (1994-95) to start the cycle aqain. We would need to increase the 1990-91 budqet line item by another $4800 and continue throuqh 1993-94 period. Mr. Sweatt said he had reviewed a lot of options and he did not believe there is another better option. He said he and Chief Aqee believe it would be to the City's advantaqe to commit for five vehicles this year- four marked and one administrative 1 and next year four more plus equipment. Mr. Aquilar asked what type vehicle they were talkinq about and Mr. Sweatt said a full size police vehicle, possibly Ford or Chevrolet and throuqh 1988 the Chrysler has proven qood. Mr. Baldwin commented that in three years we could replace the vehicles and have nine units, purchasinq three each year. \ o Mr. Hartzoq said that only part of the money in this year's D budqet will come from General Fund with the rest from self insurance. Now Council is beinq told that next year they will need $60,000. Mr. Sweatt said he is lookinq at a lonq term commitment. Mr. Baldwin asked the estimated life of a police vehicle. Mr. Sweatt answered that at the end of four years, he feels. those vehicles will be placed on limited duty. Mr. Sweatt added that this represents the best and most expedient way to up qrade the fleet. Mr. Stanhope asked if the prices quoted would take care of maintenance. Mr. Sweatt said the price included only reqular warranties and we would have to take care of maintenance. The first one and a half years we would not expect hiqh maintenance and we are addinq a mechanic to our staff. Mayor Sawyer received concurrence from Council that they would like to see more information on this proposal. '7 Discussion of Revenue Sharing Budget. Mr. Sweatt advised that to clean up our revenue sharinq fund of $7595, due to cost overruns etc., he was proposinq to do a revenue sharinq budqet. This would entail a Public Use Hearinq D on November 30th, presentation to Council on December 6th, ,a budget hearing on December 20th and adoption of budget on December 28th. We can then amend this budqet just like you do General Fund. ',~, ~. I -r-, r- I I ~ 299 '8 Discussion of legal notice publication. Mr. Sweatt advised that basically the Attorney General's opinion iand State law determine what constitutes a legal newspaper. Advisory Opinion is that there would have to be a second class :mailing permit. Recently the Attorney General says it is more than advisory but obligatory. Our attorney says we need to look through the question as to what constitutes compliance and we are itrying to run down the information. Mayor Sawyer suggested holding up on this until that information ,is obtained. Mr. Greenwald said the reason he brought up the subject is that our present legal paper has gone with paid subscriptions and are not reaching all of our citizens. ,Mr. Sweatt said he would have more information at a later date. '9 Discussion of aJIlencDtent to ordinance creating the ,Planning & Zoning Commission. Mr. Greenwald advised that the main reason for this amendment is to get continuity by changing to two year terms. Mayor Sawyer asked that this be on the next agenda for vote. '10 CITY MARAGER"S REPORT: :A. With regard to our Seal Coating project, they will be 'starting November 14 and do Pfeil, Curtiss, Main and Beck. On November 15th will do Wright, Windburn, Brooks, Aviation and Colony and will do Beacon, Elm and the rest on the 16th. We will ,precede those projects with hand bills asking the people to remove all vehicles on their particular date or they will be removed. B. Wyatt Cafeteria Grand Opening and Ribbon Cutting will be Tuesday. Bovember 15 at 10:30 a.m. at Rolling Oaks Mall. C. Have had a report that one of our neighboring cities has annexation proceedings announced in what appears to be in conflict with our ETJ agreement. We have reviewed documents in our files and with our attorney. We will plan on having a complete report no later than our November 15th meeting. There is clearly an overlapping and conflict of interest. They say their ETJ is based on Letters of Intent from Servtex. '11 ITEMS BY COUIICIL: Mr. Hartzoa: A. Have had good reports on our newsletter from some businesses and know that some have run out of copies. Mr. Sweatt said Tom Dovey had asked that if a business runs out to 300 call him and he would see they received more copies. Mr. Greenwald suggested placing a list of places of distribution on our bulletin board. B. Have had a very good report on our Animal Control and think they are dOing a lot better job than had been done in the past. There are still a couple of problem areas but they are working on them. C. Bassett Dog Show will be Sunday, November 13th from 10:00 a.m to 1:00 p.m. at the Community Center. D. There will be an Economic Development Committee meeting the 10th at the Kountry Kitchen. E. The Blood Drive will be Saturday at the High School to get blood for one of the teachers. Mr. StanhoDe: A. There will be a Humane Society garage sale at 705 Marilyn Drive on Friday and Saturday. Mr. Sweatt suggested that donations for the department be receipted in at City Hall as unidentified cash is hard to handle. It can also be receipted in at the Animal Shelter. B. The Beautification Committee will meet on the 14th of November and they are open for donations. C. What is going to be done about the Christmas Tree. Sweatt said we are going to propose using a lot of lights year. With the completion of the Committee's plans, hope to a permanent place for a tree. Mr. this have Mr. Baldwin: He also received a lot of good comments on the newsletter and he hoped Mr. Graham could handle the leaf offer he had in the newsletter. Mr. Sweatt said we are also working on a Christmas Tree disposal plan. B. Has anyone made contact with Dr. Harborth to sell dog tags. Mr. Sweatt advised that he was never real I y told he could not sell them. Mr. Greenwald: A. Brought Mr. Graham back a. sample of a high density overlay sign, from TML. Size 18 x 30 would cost only $14 and they have a 20 year warranty. Perhaps we could use some of these in our high theft area and gradually replace all our signs. B. The Texas Department of Corrections has a brochure and catalog of all the equipment they have for sell. C. Handed out copies of the PAZ Annual Report. D. Also passed out guide lines for redoing the City Plan. They will be coming to Council with recommended 7 to 10 names of .M L:!:~ t.:::: :~ ~ h'-:\_~-jf<:-,:'~;;:'_,,~~;:"" '\ D o o ( I ci tizens for a Leadership Panel to update the plan. We are talking about a 16 month time frame. One of the problems is money for surveys etc. Mayor Sawyer asked for some time to study the report. E. At the last BVYA meeting, a Pony Director talked to them about hosting a Mustang World Series. F. CVADAC is attempting to have another seminar on the 8th of December that will deal with teen suicide prevention. # 12 ITEMS BY MAYOR: A. Received a suggestion for the newsletter to be named the "Schertz Communicator". B. United Suburban Cities asked that we join them in an Inter Local Agreement in their discussion with City Public Service. Our portion would be less then $200. C. Letter from GVEC stating that on Friday December 2nd, there will be Commemorative Ceremonies in Cost, Texas. Chief Agee advised that the first few days he was here, he was made to understand that relations were strained between us and some of the surrounding cities. He said he had met with some of the Chiefs and was assured that if there was any strain before, it would not be in the future. Mr. Stanhope announced that he had received a $50 donation for the Beutification Committee from Michelle. # 13 ADJOURNMENT: There being no further business, the meeting was declared adjourned at 9:40 p.m. by Mayor Sawyer. ATTEST: \