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86 Regular Meeting August 25, 1986 Page 18 seek refinement and not demise of the capital recovery fees and Mr. Smith said they just wanted the fees to be reviewed. Mayor Younger indicated businesses have been run off by the capital recovery fees. Mr. Brown indicated he would like the Council to hold a Workshop and receive the Committee's input. Mr. Farr directed Staff to generate some figures of data. Bud Walker presented the Council with some data. He stated there is a problem of economic development in the area and that the City needs to encourage development. He stated the City needs to make the capital recovery fees amenable and stated dollars can be generated with economic development. Mr. Farr stated there are other factors other than the capital recovery fees which have discouraged economic development in San Marcos, such as the high price of land. Billy Moore stated the Planning Commission has discussed the capital recovery fees and that there are points of inequity, such as restaur- ants, that need to be addressed. He stated we need actual based fees. He stated someone has to pay, and that capital recovery fees were insti- tuted as an effort for development to pay instead of the taxpayers. Mayor Younger introduced a discussion regarding the telephone franchise with telephone representatives. Jim Pendergast stated the telephone company pays the City for use of streets and right-of-way with a 2% tax and that they also pay PUC 1%. He stated they do not charge Yellow Page directory ads. Mr. Hankins clarified the City charges the telephone company a rental fee for use of streets, not a tax. Mr. Pendergast stated he wants a Committee appointed or for the Council to set up a Workshop to discuss the franchise agreement. Mr. Hankins stated it has been a tradition for the City to enter into a franchise, but that it is the City's absolute right to charge for rental of use of our streets. Mr. Brown abstained from this discussion due to a conflict of interest, which is attached to these Minutes. Mr. Guerra moved the Council adjourn into Executive Session pursuant to Article 6252-17, §2(e), V.A.C.S., to discuss matters where the duties of the City Attorney to the City pursuant to the Code of Professional Responsibility of the State Bar of Texas clearly conflicts with Article 6252-17 and Mr. Farr seconded the motion, which passed unanimously (12:39 a.m.). Mr. Guerra moved the Council reconvene at 1:12 a.m. and Mayor Younger seconded the motion, which passed unanimously (Mr. Farr not present to vote on this item). The meeting adjourned at 1:13 a.m. on motion made by Ms. Kissler and seconded by Mr. Guerra. . - ...ç;v~/' ~ J~. E /;5l ~ ~¥r?' <::-- / Ii/ M~I (~/ ;v.f kJ. ~ ' ~ ~7 ~ K4,ð w. Br~~ Bll COddington~ C~~pci~ Me~~rì Council Member ~1. Jt \~~L K 1J_Vc- ~ C;( ~ ~ G~rald G. Farr/ ~'rJ¿ ~uerra . -C. ounc.l..'..l M€,.mber - Co ciJ.. Member ~t:i:~ ~~ ~ - / Be~ ane K~ William C. Nicola Mayor Pro-Tem Council Member AT:'EST: , ) -' ) ì:" _!" )'}'1/:) 7( ¿)¡l}-h'-i'i.(')'~ J _. - ~_._~>.../, Janis K. Womack City Secretary