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ccswks 02-01-1995 ~ ItJ ff SPECIAL MEETING OF rHE CIry COUNCIL FEBRUARY 1, 1995 The Schertz City Council convened in Special Workshop Session Wednesday, February 1, 1995 at 7:00 p.m. in the Conference Room of the the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Hal Baldwin, presiding; Charles McDonald; Barbara Stanhope; Mary Marsh and Ken Greenwald. Absent: Councilmember Joe Potempa. Staff present were City Manager Kerry Sweatt and City Secretary Norma Althouse. Mayor Baldwin read a Proclamation declaring the period of February 13th to February 17th, 1995 as "HOSA Week in the City of Schertz, Texas." There were several HOSA (Health Occupation Students of America) students present to accept the proclamation. #1 HEARING OF RESIDENTS: No residents signed up to speak. #2 Discuss an ordinance amending code of pertaining to pilfering or scavenging of materials. ordinances recyclable Mr. Sweatt related that a couple of weeks ago, at one of the workshops, Mrs. Stanhope had asked him if we had an ordinance that prohibited folks from taking curbside recyclable type items and he had told her we do. That answer was correct because we have in our franchise agreement a statement to that effect with the collector. However, there is some doubt as to how that could be applied, so we have drafted an ordinance to simply amend our health ordinances in dealing with garbage and provide a sentence that would say that any person, association, organization, company or corporation, excepting the homeowner, resident, their authorized agent, or an authorized agent of the City of Schertz, who pilfers, scavenges, or otherwise tampers with any recyclable material in bins, bags or cans set at curbside for the purpose of collection is subject to prosecution under the laws of the State of Texas and upon conviction, a fine by the City of Schertz in an amount not to exceed $200 per occurrence. There is a definition of pilfering and scavenqing and a definition of curbside recycling. Mr. Sweatt went on to say we don't anticipate a problem with pilfering, but this will provide a measure of safety. Mrs. Marsh suggested that in paragraph f., the definition of pilfering/scavenging, they add the words and the orovided bin after recyclable material. Mrs. Marsh also indicated that in paragraph c. they need to add the phrase or the bin after material in bins. Mayor Baldwin asked Council if they were ready to have the first reading of this placed on next Tuesday night's agenda .-' ItJ '1 and they replied they were. #3 Discuss participation in Service Organization. Combined Emergency Mr. Sweatt advised this is the second year of the existence of such an organization. Included in Council's packet is a letter, and at the bottom of the letter is a list of cities and communities that are participants in the organization. Participation was discussed prior to membership last year and it was determined appropriate to do so and Mr. Sweatt stated he feels that is still the case. Dealing with hazardous material is an item that is potentially indigenous to all the communities out here and it makes sense to ban together and set up one group to provide a proper response to that sort of circumstance. All the cities and communities listed have joined together and provided manpower, have received donations and contributions, and then membership to set up a rapid response hazardous material team. Membership last year was $2100.00 and is proposed to be the same this year. We have been provided a budget and expenditure report as well as an activity report. It is recommended Council authorize continued participation. Mr. Greenwald asked if we still have the original contract as far as speCifying what they would pick up and what services they would provide. Mr. Sweatt replied we do and this is just a continuation of that previous contract. Mr. Sweatt indicated it is the organization's intent in each of these instances, where possible, to bill the responsible parties for the cost of clean-up. Having the proper equipment, the techniques and the know how is vital and rather than all of the communities trying to do it on their own, it makes sense to combine their efforts. Hopefully, if there is a call for this service in the future, not only will we be able to get cost recovery, but maybe less expenditures will result in a reserve fund whereby the $2100.00 will be lowered. Mayor Baldwin asked if this is a private organization and Mr. Sweatt replied this year it is run by members from Universal City, Live Oak, New Braunfels and Converse. Each set of teams are made up of paid personnel in those various city departments. The City of Schertz has two designated members. They won't be called this year, but their time to serve will be next year assuming everyone keeps their membership in the organization. The idea is to rotate it so that no single community has to furnish all the manpower each year. Mayor Baldwin questioned if Council is ready to have this item included on next Tuesday night's agenda and they were. --- 110 #4 Discuss authorization for retired employees and their dependents to purchase continued health coverage. Mr. Sweatt noted they have talked for some time about benefits that could be made available to retired employees. Under the State law, cities over 25,000 population and counties over a certain size have some responsibility to offer to retirees certain kinds of continued health insurance coverage. Under Federal law, there is a provision called COBRA which provides for health coverage to be available, to an employee who is leaving, for a period of 18 months. We would propose to make that apply to all retired employees and their dependents, under certain conditions, so that they are eligible to continue to purchase health insurance coverage under the City's plan. We have talked to our current carrier, and they say that would have no impact on our premium. Clearly, at some point in the future, there might be an impact. Our response and suggestion in that case would be that those employees may be set in a specific category unto themselves. The impact would be felt at their premium alone. We have canvassed a number of cities across the state and there's a mixture of whether they do or don't provide continued health coverage for retired employees. Overall we believe it is one of those additional benefits that would be good to offer as an incentive to persons who stay with the City and ultimately retire. Mr. Sweatt further stated we have written in a number of possible conditions. As far as dependent coverage, they would have had to have dependent coverage for a period of twelve months before retirement. They would have to continue to make those payments to the City and not become delinquent, must have been eligible for health insurance and not eligible for other types of insurance except Medicare or retired military benefits, and must make a payment of 2% of the premium in administrative fees because of the processing and handling. Mrs. Stanhope asked what the cost would be to the City and Mr. Sweatt replied there would be no cost to the City, the administration fees will be paid by the retirees. Mr. Sweatt admitted, however, in the long term it may have an adverse result in that it will cost the City more to provide health insurance to its employees. If that became an issue, any insurance company could be asked to set aside, and we would recognize by ordinance, that group of retired employees as a separate category and that premium would stand on its own. Mrs. Marsh mentioned a problem with the wording of the first paragraph in Section II which says "THAT dependents of employees of the City of Schertz who shall retire after the effective date of this ordinance shall....." and suggested it say instead "THAT deoendents of retired emolovees of the City of Schertz shall....." Mrs. Marsh said this wording is in several places and should be / ....:--- 1// corrected. Mr. McDonald observed this gives the retired employee access to a lower premium and Mr. Sweatt aqreed and added it also, in some cases, gives them the opportunity to buy at a reasonable rate. Mayor Baldwin, with agreement from Council, asked that this item be placed on next Tuesday night's agenda for a first reading. #5 Discuss revisions to Ordinance #94-S-35, nominating an area as an Enterprise Zone. Mr. Sweatt reminded Council they adopted an ordinance establishing an Enterprise Zone along IH-35, broadening out to cover portions of the Tri-County Business Park, going across IH-35 and covering a fairly large area around Mobile Villa, and then going back up along IH-35. This was done pursuant to the Texas Department of Commerce regulations dealing with Enterprise Zones. It was sent to the Texas Department of Commerce and they sent it back asking that we make some minor changes in the wording. In the caption of the original ordinance it refers to Texas Civil Statutes, Article 5190.7 which has since been codified and they referenced Chapter 2303 of the Government Code. Also, the field description had some errors and they have been corrected. We have prepared a revised ordinance and rather than simply pick out the wording, it is recommended Council adopt a new ordinance. Mayor Baldwin inquired if the new ordinance covers the same entire area as before and was assured by Mr. Sweatt it does. With Council's consent, Mayor Baldwin asked that this item be placed on next Tuesday night's agenda. #6 CITY MANAGER'S REPORT: A. Commented he would like, with the Council's permission, to change the format of the agenda packet. He plans to use three-ring binders in place of the folders to hold the agenda material. After each meeting, they can remove all material they wish to keep from the packet and return the binders and the dividers to Mrs. Althouse. They will be furnished a larger three-ring binder to keep at home where they can file and retain their materials. Mrs. Stanhope pointed out, that in other words, they will have a rotating binder for the agenda packets. Mr. Sweatt mentioned they would like to give it a try and if it doesn't work, they can go back to the old way of doing it. B. Reminded everyone that tomorrow at noon at the southbound rest area on IH-35, the Schertz Business Association will be feeding the trail riders. The dance and dinner are tomorrow night at the VFW with dinner from 6:00 p.m. to 7:00 p.m. at a cost of $3.50 per plate. The ~ II J-- dance will be in the canteen from 7:30 p.m. until 11:30 p.m. #7 ITEMS BY COUNCIL: following from a Schertz held on the 24th: Mrs. Marsh reported the Business Association meeting (a) Treasurer's Report was good. (b) New officers are President Nolan Edwards, Vice-President Wayne Wolter, Secretary Cindy Hiebert and Treasurer Tony Morales. (c) It's dues time - $15.00 for an individual membership and $25.00 for a business membership. (d) Kerry Sweatt updated the Association on all the City's activities for the month of January. (e) They're starting to get organized for the 4th of July. The 4th is on a Tuesday this year and the carnival will be there from Friday through Tuesday. Rides will begin at 1:00 p.m. on the 4th, after the opening ceremonies. Sunday night is family night. There will be a band on Monday night. Among other activities, there will be a parade, opening ceremonies and fireworks on the 4th. The theme for the opening ceremonies is "The Best of the Past." Once again they're running the Club 100 for anyone who donates $100 or more for the fireworks. (f) The Association donated $150.00 to 4-H, $150.00 to Tri-County and $200.00 to Project Graduation. Mr. Greenwald: A. Mentioned the need to put an article in the Newsletter reminding people to put the recycling bins out only on recycling day. Mr. Sweatt aCknowledged there have been some problems, but overall it's been well received. Mr. Sweatt then referred to a letter he received today where it referred to recycling as having "teething problems." B. Suggested the City have the Highway Department look at the light at the intersection of FM 78 and FM 3009. It is set for one minute and thirty seconds and traffic really gets backed up. He and his wife observed it while eating at the Pizza Hut. Mr. Sweatt advised those are temporary controllers and every time the weather changes, it affects the fiber optics, but he will have the Highway Department check it out. There was a brief discussion about other traffic problems along FM 3009 and about the wall. the we VFW #8 ITEMS BY MAYOR: Mavor Baldwin: subject of the flags along Main Street want to make it a City project or turn or some other organization. Several A. Brought up and wondered if it over to the Councilmembers --' . ----- 1<3 felt it should not be a City project, but rather a project for one of the organizations. Mr. Greenwald related he had mentioned it, informally, to Commander Mazoch who will bring it up at the next VFW meeting. Mr. McDonald mentioned that in Hondo the businesses each paid $25.00 annuallY and the Kiwanis Club members put up the flags on the buildings and along the streets as a community service. B. Mentioned he had read in the Express News that the Perry Five and Dime Company is going to open up a store in the previous Winn's facility in Schertz. C. Recapped the Suburban Cities meeting: (a) VIA is promoting legislation allowing cities that participate in the metropolitan transportation service to adopt the other half cent sales tax that they gave back after completion of the Alamodome. If they can get the vote through, one fourth cent will go to the participating city and one fourth cent will go to VIA. This would be in lieu of raising prices and would go to a vote of the people. (b) Jeff Wentworth is sponsoring legislation to combine city and county governments in the large metropolitan areas. The legislation will have some kind of provision to allow cities to opt out. There are a lot of pros and cons regarding this idea. Mr. Sweatt has a copy of the legislation for anyone wishing to read it. *9 ADJOURNMENT: On a motion by Mr. McDonald, seconded by Mrs. Stanhope and unanimously carried, the meeting adjourned at 7:45 p.m. <<L~eA_~ Mayor, City of Schertz, Texas ATTEST: YJu~~ City Secretary, City of Schertz