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ccreg 02-07-1995 .---- / It(. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 7, 1995 The Schertz City Council convened in Regular Session Tuesday, February 7, 1995 at 7100 p.m. in the Council Chambers of the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas. The fOllowing members were present: Mayor Hal Baldwin, presiding; Charles McDonald; Joe Potempa and Barbara Stanhope. Absent: Councilmembers Mary Marsh 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. #1 HEARING OF RESIDENTS: Those citizens wishing to speak on agenda items and those having matters they wish to discuss with Council, which have not previously been submitted to the City Manager, will be heard at this time. Georqe Mower related he had called Animal Control this past weekend and qotten a recording. He forqot exactly what the message said, but the alternative was to call the Police Dispatcher in case of an emergency. When he called the dispatcher, he was asked if it was an emergency and he replied it was not, but the State and the City have declared there is a rabies emergency. Mr. Mower asked Council if they might consider having someone work on weekends because in his neighborhood that's the time the dogs and cats mysteriously get out in bunches and qroups. Mr. Mower commented that accordinq to everything he can read, this is dangerous. If the City can afford, as he read in an ad, a Personnel Clerk for the Economic Development Department, they could make arrangements for someone to work at Animal Control on the weekends. Mr. Mower also mentioned the upcoming May election and wondered why the ordinance on the agenda this evening calling for an election is declaring an emerqency. Mr. Mower said he talked this over with several people and the answer he got didn't make sense. Their answer was it is declared an emergency so there doesn't have to be a public hearinq on the ordinance. If the way you can get around havlnq a public hearing is declaring an emergency, then something is out of whack here. If you have to declare an emergency to take care of business for an election to be held in May, then it seems you ought to look at the charter. #2 POLICE RESERVE: Consider and take action on appointing four members to the Police Reserve Force. Chief Agee introduced Mario Hernandez, Michelle DeBee, Stephen Pulaski and Brinda Buckner, stated they have met all the requirements and recommended Council consider --/ . ...:-- /IS- appointing them to the Police Reserve Force. Mr. Potempa moved that Mario Hernandez, Michelle Stephen Pulaski and Brinda Buckner be appointed Police Reserve Force. Mrs. Stanhope seconded the which carried with the following votes: DeBee, to the motion, AYES: Councilmembers McDonald, Potempa and Stanhope. NAYS: None. Mayor Baldwin welcomed them to the City of Schertz. #3 PARTICIPATION on participation Organization. IN CESO: Consider and take in Combined Emergency action Service Mr. Sweatt commented, as discussed at the workshop, this is an organization composed of a number of area cities and organlzations cooperatlng intergovernmentally for the purpose of providing a hazardous material response team. The cost of $2100.00 annually is the same for all participants. Hopefully some of the cost can be recovered from the parties responsible for the hazardous spills. Mr. McDonald moved to approve participation Combined Emergency Service organization. Mrs. seconded the motion, which carried with the votes: in the Stanhope following AYES: Councilmembers McDonald, Potempa and Stanhope. NAYS: None. #4 ORDINANCE: Consider and take action on reading of an ordinance amending the code of pertaining to pilfering or scavenging of materials. the first Ordinances recyclable Mayor Baldwin introduced an ordinance and read the caption as follows: AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CHAPTER 7 1/2, SECTION 46, SECTION 47, 63, AND AMENDING THE TITLE OF ARTICLE PRESCRIBING PENALTIES. SCHERTZ, SECTION V, AND Mr. Sweatt related this is designed to address the question of pilfering, removal, or unauthorized taking of material from curbside bin collection. The changes suggested by the Council at the workshop have been incorporated. --:- ~. /I~ Mrs. Stanhope moved to approve the first reading of ordinance amending the Code of Ordinances pertaining pilfering or scavenging of recyclable materials. McDonald seconded the motion, which carried with following votes: an to Mr. the AYES: Councilmembers McDonald, Potempa and Stanhope. NAYS: None. #5 ORDINANCE: Consider and take action on the first reading of an ordinance authorizing retired employees and their dependents to purchase continued health coverage. Mayor Baldwin introduced an ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, rEXAS, AUTHORIZING CERTAIN CITY OF SCHERTZ EMPLOYEES, ALONG WITH CERTAIN OF THEIR DEPENDENTS, WHO ELECT TO RETIRE TO PURCHASE CONTINUED HEALTH COVERAGE AT RETIREMENT AND PROVIDING AN EFFECTIVE DArE. Mr. Sweatt related this is proposed as an addition to the City's benefit package for employees who choose to stay with the City and ultimately retire. They can purchase this health coveraqe either at the same rate, or a lower rate, or a higher rate depending on what rate is being charged at that time by the provider. They will be charged whatever the cost is plus a 2% administration fee. It is proposed this will be available to any employee who retires and any dependent of an employee who retires who has been covered for a period of twelve months prior to the date of retirement. If it is necessary to place them in a separate category because of increased cost to the City, that can be done. The wording chanqes recommended by Council at the workshop have been incorporated. Mr. McDonald moved to approve the first reading ordinance authorizing retired employees and dependents to purchase continued health coverage. Stanhope seconded the motion, which carried with following votes: of an their Mrs. the AYES: Councilmembers McDonald, Potempa and Stanhope. NAYS: None. #6 ORDINANCE: Consider and take action on the first reading of revised Ordinance #94-S-3S, nominating an area as an Enterprise Zone. ~ -- -- /1'1 Mayor Baldwin introduced an ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, NOMINATING AN AREA AS AN ENTERPRISE ZONE PURSUANT TO THE TEXAS ENTERPRISE ZONE ACT (CHAPTER 2303 OF THE GOVERNMENT CODE); DESIGNATING AN AUTHORIZED REPRESENTATIVE TO ACT ON ALL MATTERS PERTAINING TO THE ZONE AND THE NOMINATION AND DESIGNATION OF THE NEW AREA DESCRIBED HEREIN AS AN ENTERPRISE AND REINVESTMENT ZONE; AND FURTHER DESIGNATING A LIAISON TO ACT ON ALL MATTERS PERTAINING TO THE ENTERPRISE ZONE ACT ONCE THE ZONE IS DESIGNATED BY THE TEXAS DEPARTMENT OF COMMERCE. Mr. Sweatt reminded the Council this item was originally adopted as Ordinance #94-S-35 as a result of discussion of the Enterprise Zone Act. After this ordinance was prepared and sent to the Department of Commerce, they asked that several things in the ordinance be changed. One of those changes was in the caption where we referred to Texas Civil Statutes, Article 5190.7 which has since been codified and so the reference should be Chapter 2303 of the Government Code. Also there were some errors in the field notes which have been corrected. Rather than going through and amending the oriqinal ordinance, we are simply asking that Council adopt a nAW ordinance. It contains all the same information as the original with the corrections requested by the Texas Department of Commerce. Mrs. Stanhope moved to approve the first reading of a revision to Ordinance #94-S-35, nominating an area as an Enterprise Zone. Mr. McDonald seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa and Stanhope. NAYS: None. #7 ORDINANCE: Consider and take action on an ordinance calling an election for May 6, 1995. Mayor Baldwin introduced an ordinance and read the caption as follows: ORDINANCE 95-E-3 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, CALLING AN ELECTION TO BE HELD ON MAY 6, 1995, FOR THE PURPOSE OF ELECTING THREE (3) COUNCILMEMBERS AND DECLARING AN EMERGENCY. Mr. Sweatt advised the reason they call an emergency at this early date is simply so the ordinance can be adopted ;- //1 in one reading. This year we will Councilmembers for Places 3, 4 and 5. be electing Mrs. Stanhope moved to approve the ordinance calling an election for May 6, 1995. Mr. McDonald seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa and Stanhope. NAYS: None. #8 CITY MANAGER'S REPORT: Explained it is going to be a Little difficult to report recycling information in the February Newsletter because of recycling just getting started and having to cut the months in two parts to meet the Newsletter deadline. After the February edition, they should have a full cycle which will make it easier. #9 ITEMS BY COUNCIL: Mower that Mark Marquez is the personnel clerk is for development. Mr. McDonald: Reminded Mr. now in charge of personnel and the City and not just economic Mr. Mower asked Mr. McDonald if he is saying the ad is a mistake because it says the clerk is for the Economic Development Department. Mr. McDonald replied the Economic Development Department is where the money is budgeted, but the personnel clerk is for the entire City. Mr. PotemDa: Thanked the City for the flowers they sent his wife. She's currently in isolation because she developed an infection, but if everything goes well, she should be home in a couple of weeks. #10 ITEMS BY MAYOR: There were none. # 11 ADJOURNMENT: On a seconded by Mr. McDonald and meeting adjourned at 7:20 p.m. Mr. Potempa, carried, the Schertz, Texas ATTEST: ~~ City Secretary, City of Schertz