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.
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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:
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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
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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.
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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.
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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
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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.
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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
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and
the