ccreg 01-21-1997
REGULAR MEETING OF THE CITY COUNCIL
JANUARY 21, 1997
The Schertz City Council convened in Regular Session on
Tuesday, January 21, 1997 at 7:00 p.m. in the Council
Chambers of the Municipal Complex, 1400 Schertz Parkway,
Schertz, Texas. The following members were present: Mayor
Hal Baldwin, presiding; Councilmembers Charles McDonald;
Joe Potempa; Earl Sawyer; Timothy Swinney and Ken
Greenwald. Staff present were City Manager Kerry Sweatt
and City Secretary Norma Althouse.
Mayor Baldwin asked everyone to rise and join him in the
Pledge of Allegiance to the flag.
At this
for many
Authority
time Mayor Baldwin presented a plaque to Bud Cyr
years of dedicated service to the Schertz Housing
Board.
#1
APPROVAL OF MINUTES:
Regular Session
Workshop Session
Regular Session
Regular Session
Regular Session
10-15-96
10-30-96
11-05-96
11-19-96
01-07-97
Mr. Sawyer moved to approve the minutes, as written, for
the Regular Session of 10-15-96, the Workshop Session of
10-30-96, the Regular Session of 11-05-96, the Regular
Session of 11-19-96 and the Regular Session of 01-07-97.
Mr. McDonald seconded the motion, which carried with the
following votes:
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
ABSTENTIONS: Councilmember Potempa for the Regular Session
of 10-15-96.
Before moving to
Scout Kyle Halset
Scout. The Mayor
asked him to invite
Item #2, Mayor Baldwin introduced Boy
who is very close to becoming an Eagle
told him to keep up the good work and
him to his induction ceremonies.
#2 HEARING OF RESIDENTS: Marcus pridgeon, General
Manager of GVEC, spoke to the Council updating them on the
transmission line between the Schertz substation and the
Parkway substation. The line is finished. It is
energized, it is phased, and it is operational today if we
were in an emergency. It is not closed in yet because they
are waiting for CPS to install some telemetry to monitor
it. That should be accomplished in the next few days.
Mr. Pridgeon reported that their system held up during the
recent cold spell. He was a little worried about the City
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of Schertz because the last bad cold spell was in 1989 and
a lot of houses have been built since then. They pushed
more power through the system this past Monday than they
had ever pushed in 57 years. As a matter of fact, it was
193 megawatts of power at it's peak. As a comparison, the
City of Seguin is only 32 megawatts. With the exception of
a few individual outages, they had no problems and they
were very pleased.
Mr. Pridgeon thanked Mr. Sweatt and Mark
their help through the Schertz Development
GVEC is going to construct a shell building in
Development Park and should see groundbreaking
5th.
Marquez for
Foundation.
the Schertz
on February
Mr. Pridgeon then asked if anyone had questions.
Mr. Greenwald asked if the power lines in the Ashley
Subdivision are charged all the time and was told they are.
Mr. Pridgeon said he had personally visited with some of
the folks up there and understands their concerns.
Mr. Potempa questioned when GVEC is going to take down the
temporary wooden poles along Schertz Parkway. Mr.
Pridgeon replied when they know how the Parkway is going to
be developed.
Mayor Baldwin related he had called Mr. Pridgeon about a
flickering in the system and he asked Mr. Pridgeon to fill
the Council in on that situation. Mr. Pridgeon related
that in October of 1995 there was a substation fire at
Structural Metals, Inc., a big steel mill in Seguin. The
fire destroyed some of GVEC's equipment and some of
Structural Metal's equipment. They have a big pot they
drop cars and all kinds of things down into. Their process
creates a tremendous burden on the system and it flickers
your lights. The piece of equipment that corrects that was
destroyed. Structural Metals is required to replace the
equipment and it is on order. It will cost them $5,000,000
and is being made in Germany or Austria. It will not be
delivered and installed until late this summer. Structural
Metals is now using a reduced power kind of heat and the
people in New Braunfels tell him the flickering has gotten
a lot better in the last ten days. When the transmission
line is closed with City Public Service, it should also
improve the situation.
Mr. Swinney wondered if Mr. Pridgeon could give a good
synopsis on deregulation and the buying power of two
different utilities. Mr. Pridgeon stated both sides will
spend a lot of money, but he doesn't think you will see it
because no heavyweight politician wants to back it. You
might see a pilot program.
At this
Chairman
time Mr. Pridgeon
of the Board of
introduced Lewis Borgfeld,
Directors of GVEC and Johnny
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Ingram of his staff in Gonzales. He then presented a
franchise fee check to the City in the amount of $128,000.
Mayor Baldwin thanked Mr. Pridgeon for his time.
t3 Consider and take action on the following:
A. Proposed meter reading/billing cycle changes.
B. First reading of ordinance regarding revision
to assessment of sewer use charge.
A. ProDosed meter readina/billina cycle chanaes.
Mr. Sweatt advised it is their intention to make certain
billing cycle changes and these were discussed at the
workshop. The net effect to the customer is a change in
the billing and collecting date. A letter will be sent to
all accounts which are going to change and the plans are to
make this change effective for the April 1997 billing. For
some customers, they will do a short billing cycle so no
one receives a bill for usage for a period of more than 30
days.
Mr. - Greenwald moved to approve the proposed meter
billing/cycle changes. Mr. Potempa seconded the motion,
which carried with the following votes:
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
B. First readina of ordinance reaardina revision to
assessment of sewer user charae.
Mayor Baldwin introduced an ordinance and read the caption
as follows:
AN ORDINANCE
BY THE CITY COUlIICIL OF THE CITY OF S........."TZ ,
TEXAS, PROVIDING THAT THE CODE OF ORDINANCES,
CITY OF SCHERTZ, TEXAS, BE AL.".,'u"'; BY REVISING
CHAr ........ 19, WATER, WASTEWATER AND WASTE DISPOSAL,
EXHIBIT 5, SEWER RATES ESTABLISHED; PROVIDING AN
EFFECTIVE DATE; AND, PROVIDING A REPEALING
CLAUSE.
Mr. Sweatt stated they believe this is a far better
arrangement for determining the volume of wastewater for
which a residential customer is charged. Currently we use
the winter average. This, instead, would be based on the
lowest three month average during the previous twelve month
period. While it does have a lowering effect, it is felt
any loss of revenue will be quickly made back through new
accounts. We will communicate this information to CCMA.
These changes are being planned for April and we feel they
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will be well received by the customers.
Mr. McDonald moved to approve the first reading of an
ordinance revising assessment of the sewer use charge. Mr.
Sawyer seconded the motion.
Before the vote, Mr.
feedback from CCMA
been informed yet.
final reading of the
Swinney asked
and Mr. Sweatt
He will do that
ordinance.
if there had been
answered CCMA had
before the second
any
not
and
At this time the vote was taken and the motion carried as
follows:
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
#4 INTERJURISDICTIONAL AGREEMENT: Consider
action authorizing interjurisdictional agreement
the City of Schertz and New Braunfe1s utilities.
and take
between
Mr. Sweatt reminded Council there is a copy in their
packets of an agreement that deals with treatment issues
and control of the wastewater treatment facilities as
relate to the New Braunfels portion of our system. A
portion of the City's wastewater shed or drainage area
would go to the north and east to connect to a major
transmission line owned by the City of New Braunfe1s to
which the City of Schertz has connected and made further
extensions in the area between 1H-35 and the railroads.
Our contractual agreements with New Braunfels Utilities
(NBU) provide that we are payng a portion of the debt
service of that line for capacity in that line. This
proposed agreement would describe treatment standards and
treatment conditions by which we would agree that no
connections be made to the system that would exceed certain
pretreatment requirements and industrial strength
contributions. The agreement also provides for a review
every three (3) years. Approval is recommended.
Mr. Potempa moved to approve the interjurisdictional
agreement between the City of Schertz and New Braunfels
Utilities. Mr. Sawyer seconded the motion, which carried
with the following votes:
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
#5 BVYA AGREEMENTS: Consider and take
authorizing the following agreements with BVYA:
A. Use of fields.
B. Building at 401 Oak Street.
action
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Mr. Sweatt related these are extensions and revisions to
existing agreements. The exiting agreements, for the two
separate uses, begin and expire at different times and have
slightly different language. BVYA has suggested those be
streamlined and made to meet the same dates and terms.
That has been done with certain minor changes. The current
agreement will take the use of the fields through December
of 1996 and this proposed agreement will then take over.
The current agreement on the office building was set to
expire in five years, but would be reduced to two years to
comply with BVYA's request that the agreements meet the
same dates and terms. Copies of the agreements have been
furnished to BVYA and Mr. Greenwald has been coordinating
with them. One provision in the use of the fields is
addition of kilowatt hours for credit. Also, the total
aggregate of fields has been increased by adding Anderson
Field. It contains the same language about coordination of
use with the SCUC ISD for certain fields at certain times.
There have been no negative comments from BVYA and approval
is recommended.
A. Use of fields.
Mr. Greenwald moved to authorize the agreement with BVYA
for use of the fields. Mr. Swinney seconded the motion,
which carried with the following votes:
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
B. Bui1dino at 401 Oak Street.
Mr.
for
the
Greenwald moved to
the building at 401
motion.
authorize the agreement with BVYA
Oak Street. Mr. Potempa seconded
Before the vote, Mayor Baldwin asked if the City can do
anything to help them maintain the building. Mr.
Greenwald replied as far as the agreement is concerned, the
City is responsible for major repairs and BVYA is
responsible for normal user maintenance. Mr. Potempa then
asked how long they think the building will last. Mr.
Greenwald replied until the ground shifts - you never know.
It serves the purpose right now. Mr. Sawyer mentioned
they had talked about bonds at one time to turn the fields
around so all the home plates are in the center with a
field house in the middle. The next time we talk about
bonds, Council may want to bring that subject up again.
The vote was then taken and the motion carried as follows:
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
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NAYS: None.
#6
reading
changes.
ORDINANCE: Consider and take action
of ordinance regarding recommended tax
on first
abatement
Mayor Baldwin introduced and ordinance and read the caption
as follows:
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, ADOPTING GUIDELINES AND CRITERIA FOR TAX
ABATEMENT AND HE-INVESTMENT ZONES.
Mr. Sweatt reported the Economic Development Commission
reviewed the current guidelines and recommended several
changes. One of the primary items recommended for change
is that the standard term of abatement be changed from six
(6) years to five (5) years. Another is that the amount of
capital investment for each additional 1% of abatement be
changed from $50,000 to $45,000. Some changes have been
recommended in the application process and they put in
requirements about attending certain meetings and making
annual reports. Approval is recommended.
Mr. Sawyer moved to approve the first reading of an
ordinance regarding recommended tax abatement changes. Mr.
Swinney seconded the motion, which carried with the
following votes:
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
*7 MEMBERSHIP: Consider and take action authorizing
membership in the Northeast Partnership.
Mr. Sweatt reported the Northeast Partnership meets
monthly. Based on their 1997 budget, they have voted dues
at the rate of 3.67 cents per capita. The 1997 dues for
the City of Schertz would be $464.06. The Partnership is a
worthwhile organization. It has produced the mechanism to
market this area as a viable community. Approval is
recommended.
Mr. Greenwald moved to
Northeast Partnership. Mr.
authorize membership in the
Sawyer seconded the motion.
Before the vote, Mr. Swinney asked if there's any
possibility of the partnership providing health insurance
as a regional group. Mayor Baldwin answered they had
talked about it, but there are a lot of problems involved.
It is possible however. Whether or not they get a lot of
interest on the part of the cities remains to be seen.
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Mayor Baldwin commented they would like to get hold of the
old Wal-Mart building is Universal City as a campus site
and they have someone working on that.
Mr. McDonald asked if they're authorizing membership
forever or one year at a time. He was told it is for one
year at a time. Mr. Sweatt stated normally memberships
are discussed at budget time. In this specific case, the
Council asked that it come back before them at the
expiration of the first year. What is Council's pleasure?
Mr. Swinney recommended it be considered from now on at
budget time. The other Counci1members agreed.
At this time the vote was taken and the motion carried as
follows:
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS:
None.
#8
on the
RECYCLING/GARBAGE RATES: Consider and take action
following:
A. First reading of ordinance regarding garbage
rate increase.
B. Use of recycling proceeds.
C. First reading of ordinance continuing recycling
program.
A. First readinG of ordinance reoardino oarbaoe rate
increase.
Mayor Baldwin introduced an ordinance and read the caption
as follows:
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, PROVIDING THAT THE CODE OF ORDINANCES,
CITY OF SCHERTZ, TEXAS, BE AMENDED BY REVISING
SECTION 7 1/2-54, EXHIBIT 2, GARBAGE RATE
SCHEDULE; PROVIDING AN EFFECTIVE DATE; AND
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT.
Mr. Sweatt informed Council, as was discussed at the
workshop, they are recommending an increase in garbage
collection fees. Alamo Waste, under our contract, has
performed well for the past two years. There was not a
rate increase for 1995 or 1996. After review of the
changes and the request by Alamo Waste, it is recommended
Council approve a 7.7% rate increase for garbage collection
fees for both residential and commercial customers. The
7.7% increase takes into account a 3.51% increase in the
Consumer Price Index and a 4.2% increase in tipping fees.
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Referring to sales tax, Mr. Potempa asked what percent the
sales tax is and who it goes to. Mr. Sweatt replied it is
7.75% of which the City gets 1%, the state gets 6% and the
County get 3/4%. Mr. Sweatt explained garbage collection
fees were not subject to sales tax until about five years
ago. Recycling fees are not subject to sales tax.
Mr. Sawyer moved to approve the first reading of an
ordinance regarding a garbage rate increase. Mr. Potempa
seconded the motion, which carried with the following
votes:
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
B. Use of recvclina nroceeds.
Mr. Sweatt noted it is recommended that the $52,000 of
recycling proceeds that have been accumulated be used to
buy down the garbage rate. Based on the increase just
approved by Council, the rate for a residential customer
would have been $8.45. Buying it down takes it to $8.03.
That further reduces the sales tax requirement from .66
down to .62 which makes the total garbage collection rate
for a residential customer $8.65 per month. They believe
this represents the most visible way that the City can say
recycling does pay. It is recommended the proceeds from
the continued sale of recycling materials be used to buy
the rate down in the future. This garbage collection rate
is guaranteed for two years.
Mayor Baldwin said hopefully this will promote
participation in recycling. Mr. Greenwald commented
of the main things to be considered is that it kept
million pounds of trash out of the landfills.
more
one
1.8
Mr. Greenwald moved to approve the use of recycling
proceeds to buy down the municipal solid waste collection
rate. Mr. Swinney seconded the motion, which carried with
the following votes:
AYES: Councilmembers McDonald, Potempa, sawyer, swinney
and Greenwald.
NAYS: None.
C. First rea1ing of
nroaram.
ordj.naDce continuinc
recvclina
Mayor Baldwin introduced an ordinance and read the caption
as follows:
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AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, PROVIDING THAT THE CODE OF ORDINANCES,
CITY OF SCHERTZ, TEXAS, BE AMENDED BY REVISING
CHAPTER 7 1/2, HEALTH DEPARTMENT, HEALTH
REGULATIONS, EXHIBIT 3, FRANCHISE AGREEMENT AND
ATTACHMENT 1, RECYCLING AGREEMENT AND EXTENSION
OF FRANCHISE; PROVIDING AN EFFECTIVE DATE; AND,
PROVIDING A REPEALING CLAUSE.
Mr. Sawyer moved to approve the first reading
ordinance continuing the recycling program. Mr.
seconded the motion.
of an
Potempa
Before the vote, Mr. Sweatt explained that with the buy
down of the increased garbage rate, the sales tax, and the
continuation of the recycling program at $1.25 per month,
the total garbage and recycling bill for the customer will
be $9.90 per month. The current bill is $9.71. The
effective date for the new rate will be the first day of
the billing cycle in February.
At this time the vote was taken and the motion carried as
follows:
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
Mr. Sweatt then added that they are prepared to distribute
the new recycling schedule this week. The collection for
recycling products will now be every two weeks versus only
twice a month. The new schedule will be distributed door
to door and in the Newsletter. There is a brief
description on the back of the schedule about what has
occurred. Mayor Baldwin commented he thinks being able to
buy down the garbage rate and continuing the recycling
program is great.
#9 LETTER OF AGREEMENT:
regarding proposed letter
services to GUADCO MUD #2.
Consider and take action
of agreement for management
Mr. Potempa asked if they didn't, in fact, vote on this at
the last workshop. Mr. Sweatt replied they certainly had
the same agreement and the same explanation of it, but they
only discussed it. They did take action at the last
workshop on awarding a bid.
Mr. Sweatt went on to say they think this represents an
historic moment in our community in which GUADCO MUD #2 has
reached a tentative agreement with the City for the
operation and maintenance of their system by our utility
department. None of our existing customers will pay the
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cost or be penalized for taking on these approximately 150
additional customers. The MUD district will be paying the
full cost including a 15% billing and collecting fee for
those services. They will also pay for all other services
received. We feel it's a good system that will allow them
to have better control of their costs and allow us to
operate that system, which is one of our customers, to both
of our mutual advantages. An interim agreement has been
prepared which will terminate the earlier of August 1st or
at the execution of a completely detailed inter local
agreement.
Mr. sawyer moved to approve the letter of agreement for
management services to GUADCO MUD #2. Mr. Greenwald
seconded the motion, which carried with the following
votes:
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
*10 CITY MANAGER'S REPORT: Reported they are
communicating with TXDoT and have tentatively set February
24th at 6:00 p.m as the new date for the FM 78 right-of-way
public hearing. It is scheduled to be held at the high
school cafeteria as originally planned. He will let them
know if there is a change.
*11 ITEMS BY COUNCIL: ~r. McDonald: Asked the status
of the audit. Mr. Sweatt indicated it should be completed
in late February or early March.
Mr. Potemna: Expressed the hope they can talk
reappointments to TIF by the next workshop.
about
Mr. Swinnev: A. Mentioned that Barbara Martinez, who
works for him, is new resident of Ashley Place (she has
been there about 5 months) and is still working on getting
her recycling bin. He had asked the City Manager to look
into it and is passing on her thanks for him calling her.
Also, just a little background - Ms. Martinez lived in San
Antonio and she just can't say enough about how she likes
living in Schertz.
B. Referred to the intersection of Schertz Parkway and FM
78 at the Smoke Pit and said he has noticed how those
lights change from green to red in a split second with no
delay and there are a lot of people running the lights.
Whose jurisdiction is that? Mr. Sweatt replied TXDoT.
Mr. Swinney's suggestion was to park a patrol car there.
Mr. Sweatt indicated he would mention it to Chief Smith.
Mr. Greenwald:
same intersection
should keep after
A. Stated he had been griping about that
for about two years. Mr. Sawyer said we
TXDoT about that situation.
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B. Extended congratulations to Tom Weaver for being
elected to the SARA Board.
C. Reported he had attended a CRWA meeting last Thursday
and they have grandiose plans for running a water line down
I-10 and another down IH-35. They also have tentative
plans to double the plant size. He has some numbers on the
water and will give them to the City Manager to make copies
for everyone. They were very emphatic about the fact if
cities want to buy the water themselves, they will be happy
to do it but they will have to sign a contract. The
numbers are not carved in stone, and if you want to pay for
water and contract with CRWA to treat it, that's fine.
They have no problem with that. The only problem is the
difference between the cost of the water out of the
district and out of the basin. FM 1103 is the break line
for the Guadalupe County watershed and this side is for the
SARA watershed. If we were to contract for water it would
go from $53 to $58 per thousand. Mr. Sweatt commented
it's a shame EAA doesn't have to publish the cost effect of
some of these things.
D. Wondered if everyone read the paper regarding EAA and
everyone's permits. It said 800,000 acre feet is going to
be permitted and they can only permit 450,000 acre feet.
It was an interesting article.
#12 ITEMS BY MAYOR: A. Inquired if we've heard
anything from HDR Engineering about the groundwater study.
Mr. Sweatt replied he will be bringing a report to Council
quite soon about a change in the agreement.
B. Mentioned they had talked several months ago about
putting some turn arrows on Elbe1 and FM 3009, but it
hasn't been done yet. Mr. Bierschwale remarked they have
to complete a traffic plan for the State first and then the
State will let us know what can be done. It will not be an
expense to the City. TXDoT will do it.
#12 ADJOURNMENT: On a motion by Mr.
seconded by Mr. Potempa and unanimousl
meeting was adjourned at 8:17 p.m.
Swinney
cadd,
~ ~f/.:
and
the
Mayor, City of Schertz, Texas
ATTEST:
~~~~
City Secretary, City of Schertz
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