ccswks 01-27-1988
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SPECIAL MEETING OF THE CITY COUNCIL
JANUARY 27, 1988
The Schertz City Council convened in Special Workshop Session,
Wednesday, January 27, 1988, at 7:~~ p.m. in the Conference Room
of the Municipal Complex ,1400 Schertz Parkway, Schertz, Texas.
The following members were present: Mayor Pro Tern Ray Stanhope,
presiding; Charles B. Sharpe; Hal Baldwin; Adolph Aguilar and
Ken Greenwald. Absent: Mayor Ear 1 W. Sawyer. Staff present
were City Manager Jimmy G. Gilmore and City Secretary June G.
Krause.
#1 BEARING OF RESIDENTS: None
#2 Discussion of participating in telephone franchise
study.
Mr. Gilmore said that var ious cities throughout the State are
funding the study committee on telephone franchise. The
telephone company is trying to do away with the Franchise Tax.
They are asking for about $7~ from us to help finance the
necessary attorney fees, etc. to fight this.
Mr. Aguilar asked what happens if we don't part icipate. Mr.
Gilmore said that if they win, we win. We have participated in
other actions of this type.
Mr. Aguilar said he did not see any big city names on the list.
Mr. Gilmore said since the contribution is based on 1/2 cent per
capita, it would cost the big cities much more and the smaller
cities are the ones that will be hurt most. The Franchise Tax
provides us with some control.
Mr. Aguilar said that without the franchise tax, we can still
have some control and make them get permits, etc.
MR. BALDWIN ARRIVED AT 7:~6 P.M.
Mr. Sharpe said he was at a loss as to what we are fighting for
or against..
Mr. Gilmore said paragraph 2 of their memo gives an idea of what
they are doing; for one thing the companies are insisting that
the street use charge be limited to basic local exchange service,
thereby placing a severe limitation on the revenue base. The
companies are insisting that the cities take into consideration
the sales tax revenues when considering the franchise fee.
Mr. Baldwin stated that the attached newspaper articles say that
there are twenty different revenues they pay franchise on, they
don't think they should. This committee is fighting to see if we
can get franchise on all or at least the maximum number.
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Mr. Aguilar asked if this committee wins and the PUC agrees, who
pays that fee. Mr. Baldwin said the rate payer would. However,
if it is passed, the city does not have to collect it. This size
city has difficulty getting any information out of the telephone
company.
Mr. Sharpe said he felt we needed to explore this and at least
see if we could get some of this information. He and Mr. Baldwin
agreed the small charge of $79 would be worth it.
Mayor Pro Tern Stanhope asked that this be placed on the next
agenda.
#3 Discussion of policy on pOlice processing of evidence.
The City Manager advised that Mr. Sharpe had asked for this
information and the procedures are in Council packets.
Mr. Aguilar asked the meaning of "Chain of Possession".
Gilmore explained that as evidence is received and passed
another it is logged as to date time and initialed.
regulations are based on the State require~ts.
Mr.
on to
These
Mr. Baldwin asked if there had been an auction of property since
the City Manager had been in the city. Mr. Gilmore said yes
there had. This is not a new policy but has just been updated.
Mr. Sharpe said he just wanted to make sure the City has
controls.
Mr. Gilmore said some, evidence is controlled by the Court and
some are at the discretion of the police.
Mr. Greenwald asked who determines if no value. Mr. Gilmore said
the police department and they have to have a witness if evidence
is destroyed and it is logged.
Mr. Aguilar suggested that an inventory be added to the
procedures; and the inventory be done periodically by someone
other than the custodian. Mr. Gilmore said he had no problem
with an inventory and suggested it be done every six months.
At this point, Mayor Pro Tern Stanhope asked to go back to item 11
on hearing of residents, as we had some people come in who wished
to speak to Council.
Mr. Robert Wall of 9556 Aranda Lane, Schertz, Texas, said he
lives in an area with no blacktop and when it rains they get deep
pot holes in the street. He wanted to know when they could get
the road black-topped. Mr. Wall said the Street people carne out
last week and filled the holes with gravel and dirt but that does
not last long.
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Mr. Gilmore said we are checking the County records to find ut
if that road was ever dedicated. Also, if it was not and is sed
for a road for a certain number of years, does it become a road.
It is in the hands of our attorney right now. Our street people
should be trying to maintain the road to a certain lev right
now.
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n asked who had done the other end of Schertz Parkway.
re said he thought it was V.K. Knowlton Paving.
nhope asked that this item be placed on the next agenda.
#5 Discussion of an ordinance amending the Code to clarify
name change to Schertz Parkway.
Mr. Gilmore said this ordinance also includes the weight limit
that was asked about previously. This ordinance is not to change
but to clarify.
warding bid a~ F.b&g;t hxg.sxcS
to Ford Engineering recommendation of
of Olmos Equipment Company, in the amount
company has been selected by Seguin to do
Mr.
Mr.
Mr.
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Mr. Gilmore said we are checking the County records to find out
if that road was eveL dedicated. Also if it was not and is used
for a road for a certain number of years, does it become a road.
It is in the hands of our attorney right now. Our street people
should be trying to maintain the road to a certain level right
now.
Mr. Wall said he felt it was a County road but in the past they
had tr ied to get the County to do something but couid get no
answers from them. Mr. Wall also stated that his deed states
that if the majority of p'roperty owners in theL area want to
make it an industrial area, they can. He asked if the City
annexation would negate that.
Mr. Gilmore explained that that would be a covenant and the City
cannot enforce covenants or abide by one. That is personal
between the owner and the citizens of the area.
Mr. Sharpe explained that he could do whatever he wanted within
the city ordinances, but if a neighbor challenges it ~n court, he
would probably lose.
Mr. Wall said that when he bought into Schaefer Road Rural Water
System, it stated that the water meter would be on his property
but it was not. Now his neighbor has fenced in the meter and if
he has to turn off the water, he is threatened by a dog, Ml. .
Wall said he had talked with someone from our water department
before but they wanted over $3 ,9~~ to put the service on his
property and provide an addition meter for his Motherls house.
Mr. Gilmore said he would check it all out and invited Mr. Wall
to call or stop by anytime.
Mr. Stanhope called a short recess at 7:54 p.m.
The Special Meeting was reconvened at 8:91 p.m.
14 Discussion of awarding bid on Schertz Parkway.
Mr. Gilmore referred
accepting the low bid
of $199,191.32. This
work in their city.
to Ford Engineering recommendation of
of Olmos Equipment Company, in the amount
company has been selected by Seguin to do
Mr. Baldwin asked who had done the other end of Schertz Parkway.
Mr. Gilmore said he thought it was V.K. Knowlton Paving.
Mr. Stanhope asked that this item be placed on the next agenda.
15 Discussion of an ordinance amending the Code to clarify
the name change to Schertz Parkway. '
Mr. Gilmore said this ordinance also includes the weight limit
that was asked about previously. This ordinance is not to change
but to clarify.
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Mr. Baldwin mentioned there are some clarifications included that
do not pertain to Schertz Parkway and suggested the caption be
changed to signify this.
This item will also be on the next agenda.
#6 Discussion of City Public Service Board.
Mr. Gilmore said that the Mayor had attended a meeting on this
and was to talk about it tonight.
Mayor Pro Tern Stanhope suggested tabling this item since the
Mayor was not present.
#7 Discussion of Mr. Ling's proposal for advertising covers
at school bus stops.
Mr. Baldwin said Mr. Ling had contacted the PTA and they were not
too interested. He has no history to back him up - he says they
would make money the second year but no one really knows. There
are too many problems involved. The school does not have
designated bus stops - they almost stop at all individual houses.
Mr. Sharpe said another thing is that the bus stops change from
year to year.
Mr. Gilmore suggested telling Mr. Ling, if he comes back, that we
are not interested.
#8 Discussion of a City Logo.
Mr. Gilmore said he just put it on to see if anyone had any new
ideas. Most that saw it say it is a good idea but too busy.
Mr. Greenwald said some of the people he works with suggested
just taking the middle and corne up with some way to condense and
use some of the other symbols.
Mr. Gilmore said this drawing was done with heraldry rules and we
don't intend to follow heraldry.
#9 CITY MANAGER'S REPORT: A. Mr. Gilmore presented a
major project' flow - chart' update'. He said he has contacted Mr.
Cantu who is willing to sell the City approximately 1 acre of
land plus 200X25' wide ingress/egress easement. The City would
have to put in the fire hydrant. The entire cost would be about
$3900, which is very reasonable.
Mr. Cantu suggested putting some advertisement on top of the tank
and he would contact Randolph to see if they were interested.
After discuss ion, Council concensus was to go out for bids on
both the East Live Oak Road tank and the southern area tank at
the same time.
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Mr. Sharpe said from the engineers estimates, there is only about
$133,999 difference in the 1.5 MMG Tank and the 9.5 MMG tank and
asked why the City didn't get a larger tank for the south one if
the bond money would cover it.
Mr. Gilmore said he would get some figures together for the next
meeting on this.
B. Mr. Gilmore presented two bid specifications on brush
chippers for consideration; one would run about $7799 and the
other about $4795. If Council wants the larger one, the City
would have to go out for bids, but the smaller one could be
purchase with telephone bids. Both machines would do the job.
Mr. Stanhope stated the smaller one had a 16 HP motor and the
larger one a 23 HP engine.
Mr. Gilmore said Council had budgeted $519~ for this machine.
Mr. Aguilar, asked about maintenance and Mr. Gilmore said both
would be out of Dallas.
Mr. Stanhope asked if we would designate an area where this would
be used. Mr. Gilmore said of course it would be used dur ing
Clean Up but other times could be set at the curb and charge
people to pick up and take it to be chipped.
Mr. Baldwin and Mr. Stanhope thought the large one should be
purchased.
Mr. Greenwald suggested talking with GVEC to see if they have had
any problems with the smaller one.
Mr. Gilmore said he would check with GVEC and bring up at the
next Council meeting.
C. We would like to go with the same fees at the swimming pool
as last year and offer 59% discount on fees for those over 69
years old. Sell passes on a three, month basis as last year; but
give them a 2~% rebate when paid off.
Mr. Sharpe said Council did not get any figures from last year as
to how many passes wer,e sold to in-city residents and out of city
people. Mr. Gilmore would get that information.
D. received a letter from AACOG advising that the Library
Literacy Program Grant Application was forwarded with a favorable
review.
E. There will be a Council of Mayor's meeting on January 27th.
F. Mr. Gilmore referred to a memo of notes on improving park
grant request.
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Mr. Baldwin said the high school now has a soccer field. Mr.
Sharpe said you could add the Oak Forest park and use of land in
back of fire station and the Municipal Complex.
Mr. Stanhope mentioned that as for handicapped, we have walk ways
in the park where they can get in with wheelchairs.
Mr. Gilmore said if Council would go along with the delay, staff
could add some of these suggestions to the application.
Council concensus was to allow the delay and update the
application.
#10 ITEMS BY COUNCIL:
Mr. Aguilar reminded Council of the Library/Human Society dance
and auction on February 13 and the ground breaking ceremonies on
January 3~th.
Mr. Gilmore reminded Council of SAFES Jamboree on the 28th of
February, saying they are now selling tickets and have some
terrific prizes as well as door prizes.
Mr. Sharpe: A. suggested dates for Clean-Up Week would be the
week of March 18-26th, this includes two Saturdays and the first
day of Spring. The Business Club wants to help publicize this.
Also a gentleman from Woodland Oaks had called Mr. Sharpe wanting
to help organize clean up crews to clean up Jack Hays andFM 78,
if the City could provide the bags and pick them up and dispense
of the garbage. This man would get the manpower.
B. The Business Club agreed to pay 1/2 on the sign painting and
GVEC has already set aside the other 1/2.
C. Mr. Sharpe and Mr. Gilmore went to Austin on Tuesday to the
Texas Water Quality Board and they approve the discharge permit.
D. Recei ved a letter for the State Department of Highways and
Public Transportation on transportation 2020 forum for February
2nd to discuss long range transportation needs of the area.
E. Just a reminder that it is not too soon to get started on the
4th of July Jubilee parade.
F. The Business Club is sponsoring the trail riders on February
9th. Mr. Gilmore said he was informed the trail riders will
arrive at the rest stop at noon and the Bank will Feed them, then
they will spend the night at the VFW, where there will be a
dance.
G. In the past Council has talked about changing the name of
East Live Oak Road to Dietz Road. Mr. Sharpe said he thought
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Council should seriously consider doing that and if it is to
done, it needs to be finalized before 'more people move there.
could write to the existing residents and inform them what
intended and get their comments.
H. Mr. Sharpe said he would like for Council to consider setting
aside a workshop or part of one to discuss long and short range
goals.
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I. There is a need to update the Bell Ringer list.
J. There will be a public hearing on February 3rd on Jack Hays
Boulevard at the Community Center at 7 p.m.
K. On February 5th, the basketball game in New Braunfels will be
designated Robert Reid night.
Mr. Baldwin: The School District has approved giving away Golden
Age passes to those over 69 for any sport event but varsity games
and will give a pass to any past or present School Board member.
Mr. Greenwald: A. We need to get hold of Henry Gutierrez to let
him know that his new side loading trucks are leaving trash all
over. It is really a mess after they leave.
B. Check to see if there is anything we can do about the traffic
light on F.M. 78 at the low water crossing where the construction
is going on and the street is closed. Perhaps we can get them to
change it to a flashing light.
C. Attended the BVYA meeting and apparently they are applying
for the smaller tournaments - do not think they will have the
large one this year. They were reminded to bring in a schedule
to coordinate. 'Also told them their contract has been approved
and the president will be in to sign it.
fll ITEMS BY MAYOR: Mr. Sharpe brought up about the water
and sewer on 135. Mr. Gilmore said Council needs to give an
answer to New Braunfels soon. Council asked that Mr. Ford and
someone from the Edwards be present at the next workshop.
#12 ADJOURNMENT: Mayor Pro Tern Stanhope declared the
meeting to be adjourned at 19:99 p.m.
ATTEST:
of Schertz