ccswks 02-15-1995
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SPECIAL MEETING OF THE CITY COUNCIL
FEBRUARY 15, 1995
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The Schertz City Council convened in Special Workshop
Session on Wednesday, February 15, 1995 at 7:00 p.m. in
the Conference Room of the Municipal Complex, 1400 Schertz
Parkway, Schertz, Texas. The following members were
present: Mayor Pro Tem Barbara Stanhope, presidinQ;
Councilmembers Charles McDonald; Joe Potempa and Ken
Greenwald. Absent: Mayor Hal Baldwin and Councilmember
Mary Marsh. Staff present were City Manager Kerry Sweatt
and City Secretary Norma Althouse.
#1 HEARING OF RESIDENTS: No residents had siQned
up to speak.
#2 Consider and take action on the final reading of
an ordinance nominating an area as an Enterprise Zone.
Mayor Pro Tem Stanhope introduced an ordinance and read
the caption as follows:
ORDINANCE NO. 95-S-2
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 advised this ordinance was oriQinallY adopted
in 1994 and the Texas Department of Commerce, upon review
of the ordinance, found an improper reference to the law
and also some errors in the field notes and asked that we
correct these items. Since these corrections were
housekeeping items only, we have just replaced the original
ordinance with a new one. Everything is the same as the
ordinances previously approved with the exception of the
corrections recommended by the Texas Department of
Commerce. It is on the agenda tonight for a final reading
and approval is recommended.
Mr. Greenwald moved to approve
ordinance nominating an area as
McDonald seconded the motion,
following votes:
the final reading of
an enterprise zone.
which carried with
an
Mr.
the
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AYES: Councilmembers McDonald, Potempa and Greenwald.
NAYS: None.
#3 Discuss final consideration of
amending the Code of Ordinances pertaining to
scavenging of recyclable materials.
an ordinance
pilfering or
Mr. Sweatt noted this ordinance was passed on first
reading at the last regular meeting. The ordinance came
about as a result of inquiries into what kind of penalties
could be invoked on persons who might pilfer, take or
improperly utilize recyclable materials. We have a
provision in our franchise agreement, but there was some
discussion as to whether or not there was a need for
penalties to be outlined in the municipal ordinance for the
pilfering and scavenQing of recyclable materials and/or the
bin itself. It has been determined to be a class "C"
misdemeanor and subject, upon conviction, to a fine by the
City of Schertz in an amount not to exceed $200 per
occurrence. Final approval is recommended.
Mayor Pro Tem Stanhope asked if Council was ready to have
this included on the agenda for next Tuesday night and they
answered they were.
#4 Discuss final consideration
authorizing retired employees and their
purchase continued health coverage.
of an ordinance
dependents to
Mr. Sweatt reported this item, also, was passed on first
reading at the last regular meeting. This ordinance would
extend the oppor~Unity to purchase additional health
insurance to retired employees and their dependents. The
conditions would be that the retired employee must have
been under our plan prior to retirement and the dependent
must have been covered under our plan for a period of at
least twelve months prior to the date of the employee's
retirement. The conditions further state the City would
reserve the riQht to charge whatever the cost is by the
insurance company plus a 2% administrative fee. If the
need arises to set these employees and dependents in a
separate category, that could be done. We think it's a
good program. Approval is recommended.
Mr. McDonald asked how the retired employee would pay for
this coveraQe and Mr. Sweatt explained they would pay in
advance and specifically to the City. Their retirement
plan comes directly to them from the retirement system.
Mayor
have
were.
Pro Tem Stanhope asked Council if they were ready to
this included on next Tuesday night's agenda and they
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#5 Discuss authorization to convey an easement to
Southwestern Bell Telephone Company.
Mr. Sweatt related the City has been contacted by
Southwestern Bell who would like to secure an easement and
the right to place a 20' x 20' cabinet and equipment
building in our xeriscape park off Borgfeld Road. They
have offered to pay a one-time payment of $4.00 per square
foot for the easement and replace the landscaping material
around the site so it will blend with our xeriscape design.
Mr. Greenwald asked if this will be an upQrade to the
existing service and Mr. Sweatt answered no, but they do
anticipate growth in the area.
Council deemed this item ready for next Tuesday niQht's
agenda.
#6 Discuss alternate to filing fee requirements.
Mr. Sweatt commented that some time aQo they were asked to
review the Charter requirements that deal with filing fees.
According to the Charter, a candidate filinQ for office
must pay a $5.00 filing fee to the City Secretary upon
submission of the application. The amount of the fee is
subject to revision by the City Council. The question was
raised if there are other alternatives, so we asked the
City Attorney to review the Election Code and other
regulations concerning the matter of alternatives to filing
fees.
Michael Spain aCknowledQed the Election Code does require
that if a Charter dictates a filing fee, the Charter or
Ordinance of the City needs to provide an alternative to
the filing fee. There is nothing in the Charter as an
alternative, so the City does need to adopt, by ordinance,
an alternative to the filing fee. Mr. Spain recommended
permittinQ candidates to file an affidavit statinQ they
cannot afford the filing fee. This would be the simplest
method from the point of view of the City and would be in
compliance with the Election Code.
Mr. Greenwald asked if it wouldn't require a Charter
change and Mr. Spain replied no. It can be done in the
Charter or it can be done by ordinance. Mayor Pro Tem
Stanhope then asked for clarification. She asked Mr.
Spain if he's saying it would be best to do it by ordinance
now and then later change the Charter. Mr. Spain replied
that's not correct, you don't have to amend the Charter.
The alternative can be done either in the Charter or by
ordinance. Mr. Sweatt stated, that in other words, this
requirement could stand in the Charter that says it will be
$5.00 and then an ordinance that would offer an alternative
would be equally in compliance. Mr. Spain admitted that's
correct.
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Mayor Pro Tem Stanhope asked Council if they were ready for
this to be on next Tuesday night's agenda and they were.
#7 Discuss revision to water rates ordinance.
Mr. Sweatt remarked, that some time aQo, Council asked
that we review the current water rates ordinance and the
establishment of the livinQ unit equivalents to deal with
what seems to be reverse encouragement for conservation.
Historically we, and most other cities, have operated on a
"take or pay" arrangement whereby a minimum was established
and the customer paid that charge whether they used
anything or not. We no longer believe that promoted the
proper messaQe. We must encourage conservation.
Mr. Sweatt went on to say we have taken apart our existing
water rates and established a residential and small
commercial water rate and then a large meter rate that
generallY deals with large commercial accounts. We have
developed, what we believe, is an incentive for
conservation and an incentive throuQh a life-line rate for
discouraging waste in residential and small commercial
accounts. We have continued the livinQ unit equivalent
tables because we believe that is the only fair way to
relate to larQer commercial accounts and those customers
who make a hiQher demand than residential on our system.
We think the message needs to be that we reward, or at
least certainly benefit, those small users and those who
make an effort to conserve. A table had been distributed
to the Council which contains an inverted block rate
structure and contains the livinQ unit equivalent
arrangements. The 3/4", 5/8" and 1" services, which are
the residential and small commercial services, are arranqed
in increments of 3,000 Qallon blocks. After the sixth
block, they are in 15,000 gallon blocks to prevent a rate
shock. The larQe commercial accounts, after the sixth
block, are arranged in 5,000 gallon blocks by living unit
equivalent.
We have established a readiness to serve charge of $3.70
for zero consumption with a $1.10 per thousand for the next
each 1,000 Qallons from zero to 6,000 in the first block of
water for a 5/8" x 3/4" service. We believe this will
benefit those small to zero users. No longer are they
faced with a "take or pay" arrangement, but are encouraQed
to use less water. We think this is a good response to
customers who will work toward conservinQ water and still
benefit the City by providinq the living unit equivalent
system.
There is a substantial decrease for the small user. No
longer does the customer pay $7.00 for zero consumption,
but instead $3.70. There is a recoQnizable decrease across
the spectrum for small users. The larger meter users do
experience an increase as their consumption increases. The
overlap has been eliminated.
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After some discussion by Council, Mr. McDonald commented
this plan does what they wanted it to do. Mr. Sweatt
proposed they have the first reading of an ordinance on
this at their next meeting. Council agreed.
#8 Discuss FY 93/94 Audit Report.
Mr. Sweatt introduced Fred Timmons who represents the firm
doing the FY 93/94 audit report. Mr. Timmons distributed
preliminary reports to the Council. Some of the highliQhts
pointed out by Mr. Timmons during the review of these
preliminary reports were as follows:
(a) they are still working on the notes to some of the
financial statements;
(b) the formal presentation will not be made until the
first meeting in March;
(c) the report will be sent to the GFOA for the Certificate
of Achievement;
(d) it has been a pleasure to work with the Staff of
city of Schertz - the books and records are kept in
order;
the
good
(e) in the undesignated funds of $692,000, there are a
couple of items they are goinQ to pullout such as the
police forfeiture fund which has to be used strictly for
police expenditures and should be shown as a reserve, and
also the money from the sale of parkland which is to be
used strictly for park improvements or expenditures;
(f) the special revenue funds are made up of library funds,
Schertz Development Foundation funds and the forestry funds
and they are not available for general fund expenditures,
but only for the special designation they are listed under,
i.e., library funds for the library, etc.; and,
(g) the notes to the financial statements are required by
law and the reason for them is so the layman who picks up
your financial statement can understand how the City
operates (how expenditures and revenues are budgeted, how
taxes are set, what kind of accounts are in the City, and
what debts the City has).
Mr. McDonald mentioned they had discussed including some
of the streets, which hadn't been done in the past, to
increase the depreciation figures. Mr. Sweatt indicated
they had satisfied themselves on that matter.
Mr. Sweatt observed they did not get fully to the
recommended minimum reserve, but big strides were made in
that direction.
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Mr. McDonald commented that Mr. Timmons had, in their
audit committee meetinQ, alluded to a chanQe in the
bookkeepinQ system. The books will be closed out and
journal entries made instead of keeping the books open for
a month or two after the closinQ date. Mr. McDonald then
asked how much sooner will that get the audit to the
Council? Mr. Timmons replied there should be no reason
they can't Qet a draft to them by the end of December. Mr.
Sweatt stressed that the previous auditors had told the
Finance Department to keep the books open.
Mr. Sweatt then commended the auditors for their work
and thanked Fred Timmons for coming tonight.
#9 CITY MANAGER'S REPORT: Reminded everyone that
Sprinq Clean-Up is scheduled from February 25th throuQh
March 12th. The hours Monday through Friday are from 9
a.m. to 7 p.m. and on Saturday and Sunday from 8 a.m. to
6 p.m. It will be held at the Alamo Waste offices at 21454
FM 2252. Alamo Waste furnishes this annual service as part
of their overall trash collection service. If there is a
need for bulk pick-up, call Alamo Waste at 658-7777 for
special collection. The Public Works Department will
continue to handle brush chipping on a request basis by
calling 658-7065. During Spring Clean-Up, people will be
required to prove they are residents of Schertz.
#10 ITEMS BY COUNCIL: Mr. Greenwald advised anyone
who doesn't appreciate South Texas weather to go to
northern Maine where it's 40 deQrees below zero.
Mayor Pro Tem
fOllowinQ his
mother-in-law.
Stanhope
absence
welcomed Mr.
due to the
Greenwald
death of
back
his
#11 ITEMS BY MAYOR: A. Mayor Pro Tem Stanhope
advised she had been asked by Mayor Baldwin to attend the
ribbon cutting of the Invasive Procedures Lab at VillaQe
Oaks Medical Center. She did attend and it was very
impressive. It's nice to know there's such fantastic
medical care available. This piece of medical equipment
costs over $1,000,000 and can watch every fluid in your
body and amonQ other thinQs can determine if there's a
blood clot or a blockage anywhere. Mr. Sweatt asked if
there are other medical centers that have that piece of
equipment and Mayor Pro Tem Stanhope replied this is the
only one in the State of Texas. The speakers were very
Qood and one of them impressed her by saying that growth is
the only evidence of life.
B. Advised she will not be a candidate in the May
election.
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Mr. McDonald commented that Mr. Timmons had, in their
audit committee meeting, alluded to a change in the
bookkeeping system. The books will be closed out and
journal entries made instead of keeping the books open for
a month or two after the closing date. Mr. McDonald then
asked how much sooner will that get the audit to the
Council? Mr. Timmons replied there should be no reason
they can't get a draft to them by the end of December. Mr.
Sweatt stressed that the previous auditors had told the
Finance Department to keep the books open. . I
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t. 11
Mr. Sweatt then commended the auditors for t.h.~..,. yr work
and thanked Fred Timmons for coming tonight. '11
#9 CITY MANAGER'S REPORT: Reminded e~Yone that
Spring Clean-Up is scheduled from Februar~5th through
March 12th. The hours Monday through Frid are from 9
a.m. to 7 p.m. and on saturday and sun;w rom 8 a.m. to
6 p.m. It will be held at the Alamo Wa ffices at 21454
FM 2252. Alamo Waste furnishes this annu service as part
of their overall trash collection service. If there is a
need for bulk pick-up, call Alamo Waste at 658-7777 for
special collection. The Public Works Department will
continue to handle brush chippin~~n a request basis by
calling 658-7065. During spr~n ~ean-Up, people will be
required to prove they are re~ ts of Schertz.
#10 ITEMS BY COUNCIL: . Greenwald advised anyone
who doesn't appreciate ~~~ Texas weather to go to
northern Maine where it's 4~~grees below zero.
,
Mayor Pro Tem Stan~hP V welcomed Mr. Greenwald back
following his abs due to the death of his
mother-in-law. ''-.J .
#11 ITEMS BV ~YOR: A. Mayor Pro Tern Stanhope
advised she had b~;nasked by Mayor Baldwin to attend the
ribbon cutti~f the Invasive Procedures Lab at Village
Oaks Medical' nter. She did attend and it was very
impressive. 's nice to know there's such fantastic
medical ca~;./available. This piece of medical equipment
costs ove~~1,000,000 and can watch every fluid in your
body and ~mong other things can determine if there's a
blood clo~ or a blockage anywhere. Mr. Sweatt asked if
there a~ other medical centers that have that piece of
equipmept and Mayor Pro Tem Stanhope replied this is the
onl~ne in the State of Texas. The speakers were very
good nd one of them impressed her by saYing that growth is
thi'onlY evidence of life.
~ Advised she will not be a candidate in the May
,;election.
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#12 ADJOURNMENT: On a motion by
seconded by Mr. Greenwald and unanimously
meetinQ adjourned at 8:15 p.m.
Mr. McDonald,
carried, the
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Mayor, City of Schertz,
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ATTEST:
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City Secretary, City of Schertz