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ccreg 02-04-1997 REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 4, 1997 The Schertz City Council convened in Regular Session on Tuesday, February 4, 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; Counci1members Joe Potempa; Earl Sawyer; Timothy Swinney and Ken Greenwald. Absent: Councilmenber Charles McDonald. 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. #1 HEARING OF RESIDENTS: Amanda Gangawar, Nicole Jarzombek and David McMindes of Samuel Clemens High School were at the meeting. Ms. Gangawar, Senior Class President, stated they were present to ask Council to extend the curfew on Saturday, February 15th until 12:30 a.m. The Project Graduation committee is sponsoring a Valentine's Day dance on Friday February 14th as one of their fund raisers. The dance will end at midnight and the extra half hour will give students time to get home safely. Mr. Potempa verified that what they're asking for is a 30 minute curfew extension and Mr. Greenwald wondered if 30 minutes is long enough. The students felt it was enough time. The consensus of Council was to grant the extension of the curfew. Mr. Sweatt advised the Police Department will be notified. Mr. Swinney suggested, in case the Clean-up runs longer than expected, that they keep the dispatcher's number handy. Mr. McMindes their $15,000 held at Fiesta noted they have already raised $10,000 goal. The Project Graduation event will Texas this year. of be The students all thanked Council for their favorable decision on the request. #2 ORDINANCE: Consider and take action on final reading of ordinance regarding revision to assessment of sewer use charge. Mayor Baldwin introduced an ordinance and read the caption as follows: ORDINANCE NO. 97-F-3 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 19, WATER, WASTEWATER ANn WASTE DISPOSAL, EXHIBIT 5, SEWER RATES ESTABLISHED; PROVIDING AN EFFECTIVE DATE; AND, PROVIDING A REPEALING CLAUSE. -158- Mr. Sweatt reminded Council this changes the method of computing the residential sewer average. The current city ordinance provides that the rate is based on the average of the winter months water consumption. The next year's sewer bill is based on the average of those three months. Due to climatic conditions and the wishes of a lot of customers to change that, this ordinance proposes to modify the method of calculation so we would use the lowest three months of the customer's water usage. The next year's sewer bill would be based on the average of the lowest three months. They believe that is fair and gives the customer more control. Approval is recommended. Mr. Sawyer moved to approve the final reading of an ordinance regarding revision to assessment of sewer use charge. Mr. Potempa seconded the motion, which carried with the following votes: AYES: Councilmembers Greenwald. Potempa, Sawyer, Swinney and NAYS: None. #3 ORDINANCE: Consider and take action on final reading of ordinance regarding tax abatement changes. Mayor Baldwin introduced an ordinance and read the caption as follows: ORDINANCE 97-T-4 BY THE CITY COUNCIL OF THE CITY OF TEXAS, ADOPTING GUIDELINES AND CRITERIA ABATEMENT AND RE-INVESTMENT ZONES. SCHERTZ, FOR TAX Mr. Sawyer move~ ordinance regarding seconded the motion. to approve the final reading of an tax abatement changes. Mr. Greenwald Before the effectively qualify for vote was taken, Mr. Sweatt explained this raises the threshold for certain industries to the maximum exemption. The vote was then taken and the motion carried as follows: AYES: Councilmembers Greenwald. Potempa, Sawyer, Swinney and NAYS: None. #4 ORDINANCE: Consider and take action on final reading of ordinance regarding garbage rate increase. Mayor Baldwin introduced an ordinance and read the caption as follows: -159- ORDINANCE NO. 97-F-5 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. Greenwald moved to approve the final reading of an ordinance regarding a municipal solid waste rate increase. Mr. Swinney seconded the motion. Before the vote, Mr. Sweatt pointed out this represents a requested 7.7% increase based on cost of living and tipping fees increases. City Council's decision to use $52,000 in recycling proceeds to buy the rate down has resulted in lowering the rate from $10.36 per month to $9.90 per month. The vote was taken and the motion carried as follows: AYES: Councilmembers Greenwald. Potempa, Sawyer, Swinney and NAYS: None. #5 ORDINANCE: Consider and take action on final reading of ordinance continuing recycling program. Mayor Baldwin introduced an ordinance and read the caption as follows: ORDINANCE NO. 97-F-6 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. Sweatt advised Alamo Waste has agreed to continue the recycling program for another two years at the same rate of $1.25 per month. Mr. Sawyer moved to approve the final reading ordinance continuing the recycling program. Mr. seconded the motion, which carried with the votes: of an Swinney following AYES: Councilmembers Greenwald. Potempa, Sawyer, Swinney and -160- NAYS: None. #6 ORDINANCE: Consider and take action on reading of an ordinance calling the regular Municipal Election for May 3, 1997 and declaring an emergency. Mayor Baldwin introduced an ordinance and read the caption as follows: ORDINANCE NO. 97-E-2 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, CALLING AN ELECTION TO BE HELD ON MAY 3, 1997 FOR THE PURPOSE OF ELECTING THREE (3) COUNCILMEMBERS AND DECLARING AN EMERGENCY. Mr. Sweatt stated this is the standard ordinance and they have declared an emergency because it is a requirement that the election be held, and they see no reason to place it on more than one agenda. This way they can go ahead and file the documents with the Justice Department. Mr. Potempa moved to approve the reading of an ordinance calling an election to be held on May 3, 1997 for the purpose of electing three Councilmembers and declaring an emergency. Mr. Swinney seconded the motion, which carried with the following votes: AYES: Councilmembers Greenwald. Potempa, Sawyer, Swinney and NAYS: None. #7 ORDINANCE: Consider and take action on first reading of an ordinance calling a Home Rule Charter Amendment Election to be held in the City of Schertz, Texas on May 3, 1997; making provision for the conduct of the election; and resolving other matters incident and related to such election. Mayor Baldwin introduced an ordinance and read the caption as follows: AN ORDINANCE CALLING A HOME RULE CHARTER AMENDMENT ELECTION TO BE HELD IN THE CITY OF SCHERTZ, TEXAS ON MAY 3, 1997; MAKING PROVISION FOR THE CONDUCT OF THE ELECTION; AND RESOLVING OTHER MATTERS INCI.....:...~ AND RELATED TO SUCH ELECTION. Mr. Sweatt related this ordinance calls for adoption of the twenty-four (24) propositions that were recommended by the Charter Review Committee. A number of the propositions involve housekeeping or cleaning up of the language in the Charter. -161- Mr. Sawyer moved to approve the first reading of an ordinance calling a Home Rule Charter Amendment Election to be held in the City of Schertz, Texas on May 3, 1997; making provision for the conduct of the election; and resolving other matters incident and related to such election. Mr. Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers Greenwald. Potempa, Sawyer, Swinney and NAYS: None. #8 APPOINTMENT: Consider and take action regarding the appointment of a Coordinator to establish a Citizens Bond Study Committee. Mr. Sweatt reported that at the last workshop, Council discussed a proposed capital improvement program and the needs of various departments of the City government. It was determined it would be advisable to select a coordinator to put together a citizens bond study committee. The coordinator would go to the committee with a report of Council's recommendations and this would also allow Council to have the benefit of all the discussion and recommendations by the committee. A number of names of possible participants were submitted and the coordinator can research that and possibly add to it through recommendations and suggestions by Council and then come back with a list of those agreeing to serve on the committee. Mayor Baldwin asked Councilor from the suggested that Mr. if the coordinator will be someone from community. Mr. Sweatt answered it was Swinney be appointed. Mr. Sawyer moved that Councilmember Swinney be appointed Coordinator of the Citizens Bond Study Committee. Mr. Potempa seconded the motion. Mr. Swinney accepted the appointment. Mr. Sweatt commented the items discussed at the workshop were three areas of public safety (police, fire and EMS facilities), a town center and library improvements, a sports complex, park improvements, streets and drainage improvements, enlargement of the Community Center to a youth center, and enclosure of the existing swimming pool to make it a year-round facility. Mayor Baldwin expressed regret he could not attend the workshop. He then pointed out recommendations made by the Staff are merely that - recommendations. Nothing is carved in stone. That will be left to the discretion of the citizens who serve on the committee. -162- At this time the vote was taken and the motion carried as follows: AYES: Councilmembers Potempa, Sawyer and Greenwald. NAYS: None. ABSTENTIONS: Councilmember Swinney. #9 CITY MANAGER'S REPORT: A. Reminded Council he had placed a letter before them they propose to send to the SAFES volunteers and the EMS Department. The City is out of space for the EMS operation. The SAFES volunteers had committed to purchase a mobile home to be used as a dormitory on a temporary basis. They would like to allow placement of the mobile home facility behind the Community Center. Due to the uncertainty of whether or not a bond issue will pass for enlarging the EMS building, this needs to be done on a temporary basis. Should the bond issue pass, it could be up to three years before the EMS Department could move into a permanent facility. If Council has no objections, they would like to authorize temporary placement of the mobile home behind the Community Center. An easement has been secured so they can provide sanitary sewer lines to the mobile home. Council approved. B. Announced that there will be a Commercial Place. building. on Wednesday, February 5th groundbreaking ceremony at GVDC is putting up a at 4:00 p.m. Lot 13 in speculative C. Mentioned that on Friday, February 7th at 3:00 p.m., Bradzoil on the corner of Borgfeld and FM 3009 will have their ribbon cutting. D. Advised they had submitted, to EAA, their agreement of participation in the Irrigation Suspension Program and payment of one third of their pledge for $1.00 per meter. It appears, due to a number of factors, EAA will be underfunded for the program at $1.00 per meter and now feel a more equitable arrangement would be based on the purveyor's pumpage in relation to total gallons pumped from the Edwards Aquifer. EAA has asked that we consider increasing our participation. Mr. Sweatt admitted he doesn't know how that will be structured, but it is likely the City will be asked for an additional contribution. E. Introduced Chuck McCullough, reporter for East Sun, Rachel Drady, reporter for the Herald and Mr. and Mrs. Judson from GUADCO MUD #2. the North Newspaper, #10 ITEMS BY COUNCIL: Mr. PotemDa: Shared with Council he had received a phone call from a citizen regarding his Entex bill. They had charged him the basic rate and an adjustment charge of three times the basic rate. He asked Mr. Sweatt to look into it for the citizen and through -163- those efforts, Entex pulled the meter and found a leak between the walls of the bathroom. The gentleman could have died or his house could have blown up. Thanks to Mr. Sweatt's help that was avoided. Mr. Swinnev: A. Thanked everyone for appointing him to the Citizens Bond Committee. B. Expressed condolences to the Frank Tejeda family on the recent death of Congressman Tejeda. Mr. Greenwald~ Declared that last Thursday the city was host for a policy meeting of CRWA. The intent of the policy committee is to make recommendations to the governing board on things such as plant expansion and securing more water rights. He expressed to the policy committee, and will definitely express to the board, that the City of Schertz will not be held hostage to a single water supply source. We need to negotiate a separate contract for purchase of a 1,000 acre feet like we've been talking about for several months. Mr. Davenport stated CRWA should have a pipeline in operation and an 8,000,000 gallon a day plant in operation in approximately twenty-four months. Mr. Greenwald felt that was an optimistic time frame on Mr. Davenport's part. The City needs several options. He doesn't see being solely CRWA or solely Edwards. They need ahead with purchasing the 1,000 acre feet. GBRA process of selling out their rites, so the City get in and obtain theirs. New Braunfels may something we could tie into. them as to move is in the needs to still do #11 ITEMS BY MAYOR: A. Reported that yesterday he and Mr. McDonald, Mr. Spain and Mr. Sweatt attended a legislative luncheon in Austin. It was very interesting. There is some important legislation going on right now that will affect cities that we need to keep an eye on. State Representative Edmund Kuempel joined them for lunch. Mr. Sweatt will make a copy of the packet they received for those who are interested. TML is going to make it a part of their package that they sponsor and support moving the appraisal district date up from July 25th to June 25th. Mr. Greenwald observed that all sounds great, but the only teeth in it is that the City would have to turn around and sue the district to get the tax rolls on time. We end up suing ourselves. Mayor Baldwin hoped they will be able to move the date up because it certainly will help not only cities, but also school districts. -164- itl2 ADJOURNMENT: On a seconded by Mr. Swinney meeting was adjourned at ATTEST: motio~ by Mr. Potempa and unanimously carried, 7'4527~~ Mayor, City of Schertz, Texas ~~~ City Secretary, City of Schertz -165- and the