ccreg 06-20-2000
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REGULAR SESSION OF THE SCHERTZ CITY COUNCIL
JUNE 20, 2000
The Schertz City Council convened in Regular Session on Tuesday, June 20,2000 at 7:00
p.m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Schertz,
Texas. Those present were as follows: Mayor Hal Baldwin, presiding; Councilmembers
Norma Head; Joe Potempa; Reginna Agee; Glyn D. Williams and Ken Greenwald. Staff
present were City Manager Kerry Sweatt and City Secretary Norma Althouse.
Mayor Baldwin welcomed everyone and asked them to rise and join him in the Pledge of
Allegiance to the Flag. After the Pledge, he introduced County Commissioner Jim
Wolverton who was in the audience.
#1 HEARING OF RESIDENTS: Those citizens wishing to speak on agenda items
(other than public hearing items) or items not on the agenda, will be heard at this time.
Robert Mayle of 1509 Green Valley Road had signed up to speak about a drainage
problem at his residence. He had spoken to the Council about six weeks earlier regarding
this same problem Mr. Mayle said he had talked with Mr. Sweatt who recommended
they meet with the developer. They did that and the developer wants to put in a dirt
channel. The developer did not bring an engineer with him.
. Mr. Mayle commented he encountered a drainage problem after he moved in. He told the
developer he wanted underground pipe with a grate, but the developer is not cooperating.
The City approved the idea and wants the developer to do something to correct the
problem.
Mr. Mayle also mentioned he had a problem with the fence and nothing has been done
about that either. Council is welcome to come look at his property. He is at his wit's
end. He really thinks the City should back him up.
Mr. Sweatt mentioned they met with the developer, the City Attorney and the City
Engineer. They agreed it was the responsibility of the developer and they expect him to
meet his responsibility.
Mr. Mayle felt more thought should have gone into this. He should have been informed
they were going to put in a culvert. Mayor Baldwin admitted they do have leverage with
the developers, but he's not sure what the solution is.
Mr. Mayle stated the culvert is there and he has accepted that, but it needs mesh over it to
keep out the trash and that hasn't been done. Mayor Baldwin remarked they have dealt
with developers in the past and they could stop the building of homes. Mr. Potempa
asked who the developer is and was told it's Mike Lancaster.
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Mr. Mayle said he would appreciate any help he can get. Mayor Baldwin asked Mr.
Mayle if there's another piece of property between him and Green Valley Road. He
replied there's probably 40-50 feet between him and Green Valley Road. Mayor
Baldwin then asked if the water would be diverted and Mr. Mayle replied no, it's the
natural flow. Mayor Baldwin said everything with this developer is bout money and he's
not happy with him. He then thanked Mr. Mayle for his time and asked him to keep
Council informed on this situation.
Mayor Baldwin, due to a conflict of interest, turned the next three items over to Mayor
Pro-Tern Agee.
#2 PUBLIC HEARING: To receive citizen comments regarding establishment of
Reinvestment Zone in Commercial Place Industrial Park.
Mr. Sweatt advised one requirement for granting a tax abatement is to establish a
reinvestment zone. There was one some time ago in the Commercial Place Industrial
Park, but it expired due to non-use.
There being no further comments or questions, Mayor Pro-Tern Agee closed the public
hearing at this time.
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#3 ORDINANCE: Consider and take action on first reading of Ordinance
establishing a Reinvestment Zone in Commercial Place Industrial Park.
Mayor Pro-Tern Agee introduced an Ordinance and read the caption as follows:
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, ESTABLISHING THE
SCHERTZ BUSINESS PARK REINVESTMENT WNE 2.
Mr. Sweatt noted a request for a tax abatement has been filed by Metro Ambul&nce.
Mark Marquez pointed out it doesn't matter who owns the property, a Reinvestment Zone
is still required.
Mr. Greenwald moved to approve the first reading of an Ordinance establishing a
Reinvestment Zone in Commercial Place Industrial park. Mr. Williams seconded the
motion, which carried with the following votes:
AYES: Councilmembers Head, Potempa, Williams and Greenwald.
NAYS: None.
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#4 ORDINANCE: Consider and take action on first reading of Ordinance regarding
Tax Abatement and Tax Abatement Agreement with Metro Ambulance.
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Mayor Pro-Tern Agee introduced an Ordinance and read the caption as follows:
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, APPROVING
A TAX ABATEMENT AND A TAX ABATEMENT AGREEMENT FOR AND
WITH METROP AMBULANCE, INC., A PROPERTY OWNER IN THE CITY
OF SCHERTZ.
Mr. Sweatt mentioned this is truly a sign of economic development - a local company
expanding. They have been approved for a 59.26% tax abatement over a period of five
years.
Mr. Potempa moved to approve the first reading of an Ordinance regarding a Tax
Abatement and a Tax Abatement Agreement with Metro Ambulance. Mr. Greenwald
seconded the motion, which carried with the following votes:
AYES: Councilmembers Head, Potempa, Williams and Greenwald.
NAYS: None.
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After the vote, Mr. Greenwald commented it is the epitome of growth when a local
company expands. Mayor Pro-Tern Agee thought it also shows confidence in the City.
At this time Mayor Baldwin returned to preside over the meeting.
#5 RATE INCREASE: Consider and take action regarding request from Waste
Management for rate increase.
Mr. Sweatt related this had been discussed at the workshop last week. Waste
Management has requested a 3% CPI increase and a 6% increase in the roll-off rates to
offset the monitoring fee. They have not had an increase since February of 1997.
Chris Iden and Bob Duffy were present to represent Waste Management. Mr. Williams
asked if Council is not going to entertain the 6% increase. Mr. Sweatt answered the
request received last week is the only one they have. Mr. Williams then moved to
disapprove the request from Waste Management for a 6% increase in roll-off rates to
offset the monitoring fee. Mr. Potempa seconded the motion. Mayor Baldwin advised
the 6% increase is moot and Mr. Williams withdrew his motion.
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Mayor Baldwin then asked Ms. Iden if Waste Management is now saying they are only
asking for the CPI increase of 3% and not asking for the 6% tonight. Ms. Iden replied
she didn't know if management had made that decision. Mayor Baldwin thought it
sounded like they're willing to deal with the 6%. Mr. Williams specifically asked Ms.
Iden if she doesn't want to deal with the 6% and she responded she was not in a position
to answer that question.
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Mr. Sweatt commented the current arrangement has an effect on the May billing. If it's
not paid, then they will have to cancel the contract and rebid. It is the City's intention to
bill Waste Management for the 6%. Mrs. Agee said she understands Waste Management
has not agreed to pay and Ms. Iden indicated that's correct.
Mr. Sweatt suggested Council do what they need to do about the 3% and deal with the
6% issue later. Mr. Potempa commented he would like to see something from Waste
Management before they approve the 3%. Mr. Sweatt told Mr. Potempa the action
tonight is not necessarily the last action and if they approve the 3%, it will come back in
the form of an ordinance.
Mayor Baldwin remarked he doesn't think the 3% CPI is unreasonable, but the other
issue is a contract issue.
Mr. Williams asked if they were willing to meet the City halfway. Last week they told us
the landfill fees went up and he did some research and found they own landfills. Mr.
Duffy pointed out they're not talking about transportation, but things like fuel and labor.
He then asked what the City is looking for in a waste management company. Mr.
Williams then asked if Mr. Duffy is saying they're not going to pay the bill. Mr. Duffy
replied by saying they need to look at the big picture.
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Mrs. Agee asked if they don't pay the 6% and we terminate, what would it cost the City.
Mr. Sweatt estimated several thousand dollars, taking into consideration advertising fees
and manpower. Mrs. Agee then inquired if there would be a gap in services and Mr.
Sweatt answered there shouldn't be - termination requires a 60-day notice.
Mayor Baldwin said he assumes the City would cover this problem in future contracts.
Mr. Sweatt commented it would probably go back to the City doing all the billing.
Mrs. Head, saying she understands Council would be happy with the 3% if they dropped
the 6%, moved to allow the 3% CPI increase as a reasonable adjustment. Mr. Greenwald
noted they weren't going to mention the 6%. Mrs. Head told Mr. Greenwald he was free
to amend the motion. Mrs. Agee seconded the motion.
Mr. Greenwald wanted to give Waste Management the opportunity to have 30 days to
negotiate with the City about us doing the billing on the 6% and amended Mrs. Head's
motion to say that. Mrs. Agee seconded the amended motion, which carried with the
following votes:
AYES: Councilmembers Head, Agee and Greenwald.
NAYS: Councilmembers Potempa and Williams.
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After the vote, Mr. Williams asked if they are going to discuss the 90-day option. Mayor
Baldwin replied if they couldn't come to an agreement, 90 days is the optimum.
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#6 BID AWARD: Consider and take action awarding bid for City Depository.
Mr. Potempa moved to award the bid for the City Depository to Schertz Bank and Trust
effective June 30~ with the option to renew for two 2-year periods. Mr. Williams
seconded the motlo~~'fn~t carried with the following votes.
AYES: Councilmembers Potempa, Agee, Williams and Greenwald.
NAYS: None.
ABSTENTIONS: Councilmember Head.
Mayor Baldwin told the representatives there from Schertz Bank & Trust that the City
appreciates the relationship with them over the years.
#7 APPOINTMENT: Consider and take action regarding appointment to Schertz
Economic Development Corporation Board (4B Board).
Mr. Greenwald moved to appoint Norma Head to the Schertz Economic Development
Corporation Board (4B Board) to fill the vacancy created by former Councilmember Pia
Jarman, Mr. Potempa seconded the motion, which carried with the following votes:
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AYES: Councilmembers Head, Potempa, Agee, Williams and Greenwald.
NAYS: None.
#8 PUBLIC HEARING DATE: Consider and take action setting public hearing date
for Jonas Wood Subdivision rezoning request.
Mr. Sweatt reported Planning and Zoning held their public hearing on June 13, 2000. It
would be appropriate to set the Council public hearing for July 12,2000.
Mr. Greenwald moved to set the public hearing date for Jonas Wood Subdivision
rezoning request for July 12, 2000. Mr. Williams seconded the motion, which carried
with the following votes:
AYES: Councilmembers Head, Potempa, Agee, Williams and Greenwald.
NAYS: None.
#9 PUBLIC HEARING DATE: Consider and take action setting a public hearing
date for Ollie Burkett rezoning request.
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Mr. Sweatt advised Planning and Zoning held a public hearing on June 13, 2000. Their
vote was tied and they are forwarding it with no recommendation. It would be
appropriate to also set this public hearing for July 12,2000.
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Mr. Potempa asked if Mr. Burkett is requesting a zoning change to Garden Homes and
Mr. Sweatt replied yes.
Mr. Potempa moved to set the public hearing date for the Ollie Burkett rezoning request
for July 12, 2000. Mrs. Agee seconded the motion, which carried with the following
votes:
AYES: Councilmembers Head, Potempa, Agee, Williams and Greenwald.
NAYS: None.
# 1 0 Discuss water billing
Mayor Baldwin explained Council had asked that this item be placed on the agenda each
week due to continual problems and grievances. Mr. Sweatt reported the City is current
as of today with the billing process. They had experienced some problems. There are
total of 8 cycles and approximately 10,000 customers. As they fell farther behind, it was
necessary to end up with readings back to back. They will be back on cycle. The
employees out front have done an excellent job. People from other departments even
pitched in to do some of the posting.
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Mr. Greenwald inquired if they ever figured out why the system was not printing water
consumption. Mr. Sweatt answered he believes they are on the way to that problem
being so lved.
Mayor Baldwin asked if it is printing arrears. Mr. Sweatt replied the new software will
reflect a credit. It wouldn't previously reflect that if the customer had paid in advance,
but they believe all these problems are being addressed by New World.
Mr. Potempa asked Mr. Sweatt if he saying that by June 25th everything will be back on
target. And Mr. Sweatt replied that's what they're hoping.
Wanda Koch of 200 Greentree said she received a water bill for $64.24 and had been
paying every month. Mayor Baldwin pointed out you have to pay by the left side of the
bill because the previous payment is not credited.
Lester Kelley of 106 Laurel Lane asked if the billing is done here in the City of Schertz.
Mr. Sweatt replied the software is provided by an out-of-state firm, but the billing is done
here. Mr. Kelley reported he called and was told he didn't owe anything, then after seven
days he had two bills. Why? Mr. Sweatt requested that Mr. Kelley come into the office
and discuss this with him.
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Mr. Kelley then asked what other city around here is taking six months to correct billing
problems. His neighbors also think this problem should be solved. Mayor Baldwin
commented he hopes that is corrected. Mr. Kelley then mentioned that the system
doesn't average sewer. Mr. Sweatt said that's incorrect. The sewer was averaged in
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April based on the lowest three months of the previous year. Once that rate is
established, it stays the same for a twelve-month period.
Mayor Baldwin invited Mr. Kelley to come back next week to speak again ifhe feels it's
necessary. The City intends to deal with the software company. A notice was sent to the
Herald newspaper today regarding water bill payments. He also told Mr. Kelley he is
welcome to come to City Hall and discuss any problems he has with his water bill.
#11 CITY MANAGER'S REPORT
There was none.
#12 ITEMS BY COUNCIL
Mrs. Head:
. Reported she is taking suggestions for Hometown Heroes and would write up any
information required to go with those suggestions.
Mr. Potempa:
. Announced he would not be at next week's workshop.
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#13 ITEMS BY MAYOR
There were none.
#14 ADJOURNMENT
There being no further business to discuss, Mayor Baldwin adjourned the meeting at
8:25 p.rn.
ATTEST:
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City Secretary, City of Schertz
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