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ccswks 02-15-1995 ') ,'." SPECIAL MEETING OF THE CITY COUNCIL FEBRUARY 15, 1995 //'1 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 ;'.~ -.;, IX> 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 -------- /c21 #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. ~__~~~___C"'_""_ '.r...=...~- ~ /~ fJ- 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. ~- /~:g 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. ~___.r. .--:-( ',; . " /~f 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. _/ .----- /.;2~ 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 It!. 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. / ...--- /cf(b #12 ADJOURNMENT: On a motion by seconded by Mr. Greenwald and unanimously meetinQ adjourned at 8:15 p.m. Mr. McDonald, carried, the ~_/C Mayor, City of Schertz, V Ib-~ ATTEST: _~~ t2/~L.qJ'.J City Secretary, City of Schertz