ccreg 03-07-1995
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REGULAR MEETING OF THE CITY COUNCIL
MARCH 7, 1995
The Schertz City Council convened in Regular Session on
Tuesday, March 7, 1995 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; Charles McDonald; Joe Potempa;
Barbara Stanhope; 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 APPROVAL OF MINUTES: A. Special Meeting 1-11-95
Mr. Potempa moved to approve the minutes of
Meeting of 1-11-95. Mrs. Stanhope seconded
which carried with the following votes:
AYES: Councilmembers McDonald, Potempa, Stanhope, Marsh and
Greenwald.
the
the
Special
motion,
NAYS: None.
Mr. and Mrs. Ray Swinney presented a framed print of
metamorphosis of the falcon to the Schertz Library.
Douglas, Librarian, and Richard Cervantes, Chairman of
Library Board, were present to receive the print.
the
Gail
the
#2 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.
A. George Mower of 501 Brooks congratulated City Council
for getting the water rates adjusted in a fair and equal
manner and then wondered if those citizens who have been
small users all along will be entitled to a rebate.
B. Roger Nichols of 120 Webster indicated he agreed with
Mr. Mower in congratUlating Council on adjusting the water
rates. Mr. Nichols stated, however, that as of last year,
the water rates seem to work against owners of larger
properties in spite of their efforts to conserve. He has
spent thousands of dollars to help conserve water and in
spite of that, his water bill is still in excess of $100.
The first question is can we accommodate property size in
the measure by which we determine rates. The second
question is why do we have to impose these rates until we
are at least at the voluntary stage of water conservation.
Mayor Baldwin explained to Mr. Nichols the adoption of the
ordinance for the new water rates is on the agenda and if
he wouldn't mind waiting, the Council will try to answer
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his questions at that time.
#3 AUDIT REPORT: Presentation by Fred Timmons of
Audit firm of Thompson, Williams, Biediger, Kustor and
Young of the Audit Report for FY 93/94.
Mr. Timmons reviewed the audit report and explained it
consists of four sections: (1) the introductory section
which contains the letter of transmittal from Mr. Sweatt,
the organizational chart and the GFOA Certificate of
Achievement; (2) the financial section which contains the
required reports by the AICPA; (3) the statistical
information section; and, (4) the single audit reports
section which are reports required when you receive a
certain amount of grant federal financial assistance
funding.
After his presentation, Mr. Timmons commented it is a
tremendous amount of information to ingest and digest and
said he would be happy to answer any questions. Mr.
Timmons further stated it had been a pleasure to work with
Mr. Sweatt, Debbi Kline and all the members of the City
Staff. He is looking forward to working with them again in
the years ahead.
Mayor Baldwin thanked Mr. Timmons and the members of the
Audit Committee for a job well done.
Mrs. Marsh moved to accept the Audit Report for FY 93/94
as presented. Mr. Potempa seconded the motion, which
carried with the fOllowing votes:
AYES: Councilmembers McDonald, Potempa, Stanhope, Marsh
and Greenwald.
NAYS: None.
#4 ORDINANCE: Consider and take action on the final
reading of an ordinance offering an alternative to the
filing fee requirements.
Mayor Baldwin introduced an ordinance and read the caption
as follows:
ORDINANCE NO. 95-E-7
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, AMENDING THE CODE OF ORDINANCES TO PROVIDE
AN ALTERNATIVE TO A FILING FEE FOR CITY ELECTIVE
OFFICE AND PROVIDING AN EFFECTIVE DATE.
Mr.
result
ago in
provides
election.
the filing
Sweatt reminded the Council this was developed as a
of discussion with the City Attorney several weeks
response to the stipulation in the Charter that
for a filing fee to be paid upon application for
The City Attorney recommended an alternative to
fee be developed and suggested this be
If'S
considered as the alternative. This ordinance has been
prepared in compliance with the terms of the Election Code.
An affidavit has been included as part of the ordinance.
It was approved on first reading and final approval is
recommended.
Mayor Baldwin read the affidavit as follows:
AFFIDAVIT IN LIEU OF FILING FEE
STATE OF TEXAS
{
{
COUNTY OF
BEFORE ME, the undersigned authority personally
appeared , proven to
me to be the person whose name is subscribed on the within
Affidavit who, after being duly sworn by me, did upon his
or her oath state as follows:
1. "I am
and I have personal knowledge of the facts contained in
this Affidavit;
2. I am a
in the City of
candidate for the office of
Schertz municipal election
, 199_;
scheduled for
3. I have elected to file this Affidavit in lieu of
payment of the filing fee required by Section 9.02 of the
City Charter, because the payment of such filing fee would
cause me undue financial hardship."
Print Name:
SWORN TO AND SUBSCRIBED BEFORE ME this
, 199
day of
(SEAL)
Notary Public in and for
the State of Texas
(Printed Name of Notary)
My Commission Expires:
--:::-_-' ;
/tfb
Mr. Potempa moved
ordinance offering
requirements.
to approve the final reading of
an alternative to the filing
an
fee
At this time Mr. Mower asked, since this is a declaration
of poverty, if the City is going to pay for the Notary
Public requirement. Mr. Sweatt replied yes they will, it
is part of the ordinance.
Mrs. Stanhope seconded the motion, which carried with the
following votes:
AYES: Councilmembers McDonald, Potempa, Stanhope, Marsh
and Greenwald.
NAYS: None.
#5 ORDINANCE: Consider and take action on the
final reading of an ordinance revising water rates.
Mayor Baldwin introduced an ordinance and read the caption
as follows:
ORDINANCE NO. 95-F-8
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 19, EXHIBIT 4, WATER RATES ESTABLISHED;
PROVIDING AN EFFECTIVE DATE; AND REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT.
Mr. Sweatt related this ordinance proposes to revise the
current water rates. It recognizes a "readiness to serve"
charge in the areas of residential and small commercial
properties. We believe it is a good incentive to promote
conservation. We have looked at ways to deal with the
property size, even consulted other entities, but haven't
found a good solution. The Charge for water is based on
the water usage/consumption not on the size of the property
being served. Mr. Sweatt indicated he is willing to talk
with Mr. NiChols and see if there's anyway the City can
help.
Mr. Nichols remarked just because other entities don't do
it and because it's not easy, that doesn't make it right.
Mayor Baldwin pointed out that what we're trying to avoid
is a federal judge putting serious restrictions on use of
water from the aquifer.
Mr. Nichols mentioned again that larger property owners
are being punished and then asked what more he could do.
Mayor Baldwin replied he did not have an answer to that
question.
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Mr. Nichols asked
built on smaller
what's in demand
building.
Mr. Nichols then observed that as far as any kind of water
rates related to property size, it's a dead issue. Mayor
Baldwin acknowledged he doesn't see that as something that
can be done right now, but it's certainly conceivable that
it could be considered at some time in the future. Mr.
Sweatt reiterated his earlier statement of not knowing how
to build a water rate system related to property size.
why the City allows so many houses to be
lots and Mayor Baldwin answered that's
and consequently what developers are
Mr. Nichols then wondered why rates can't be tied to
conservation. Why do we have to pay these rates before we
are in the mandatory stages of conservation? Mayor Baldwin
replied so we can keep the aquifer in great shape, thereby
preventing a shortage of water even in drought situations.
Mr.
rebate
Mayor
about
Mower brought up the question
because of the disparity to
Baldwin assured him there is
this ordinance.
again of
the small
nothing
a possible
users and
retroactive
Mr. Greenwald moved to approve
ordinance reviSing water rates.
the motion, which carried with the
the final reading of an
Mrs. Stanhope seconded
fOllowing votes:
AYES: Councilmembers McDonald, Potempa, Stanhope, Marsh
and Greenwald.
Nays: None.
#6 AGREEMENT:
agreement with City
facilities.
Consider
of Cibolo
and take action on
for use of Animal Control
Mr. Sweatt reported this was discussed at the last
workshop. Our previous agreement with the City of Cibolo
was enacted in 1985. With the adoption of a new Animal
Control Ordinance recently, the fees, circumstances and
policies have changed. We have prepared a revised letter
of agreement with the City of Cibolo and furnished it to
them. They have executed the agreement and sent it back to
us for consideration.
Mr. Greenwald asked if the City of Cibolo had reviewed the
new Animal Control Ordinance. Mr. Sweatt replied yes they
had. However, they will set their own rules for their
city. Our ordinance will only apply to circumstances such
as removing animals from the Animal Control shelter.
Mrs. Stanhope moved to approve the agreement with the
of Cibolo for use of the Animal Control facilities.
Greenwald seconded the motion, which carried with
following votes:
City
Mr.
the
--;:-, j' ;
If?
AYES: Councilmembers McDonald, Potempa, Stanhope, Marsh
and Greenwald.
NAYS: None.
#7 APPOINTMENTS: Consider and take action regarding
appointments to the Schertz Housing Finance Corporation.
Mr. Sweatt explained the Housing Finance Corporation is
made up of five members, who are appointed by the governing
body, and there are currently two vacancies on the Board
due to members moving outside the City.
The Schertz Housing Finance Corporation Board has met
recently and has made two recommendations for appointment
to that Board. Those two recommendations are Ronald
Krnavek and William Marciniak. Their resumes have been
furnished in the Council's agenda packets.
Mrs. Stanhope moved to appoint Ronald
Marciniak to the Board of the Schertz
Corporation. Mrs. Marsh seconded
carried with the following votes:
Krnavek and William
Housing FinancinQ
the motion, which
AYES: Councilmembers McDonald, Potempa, Stanhope, Marsh
and Greenwald.
NAYS: None.
#8 CITY MANAGER'S REPORT: Related that in reQard to
revised operating hours at the Municipal Complex, we had
our first Thursday of opening early and closing late. We
opened at 7:00 a.m. and closed at 6:00 p.m. The offices
are also remaining open until 5:00 p.m. versus 4:45 p.m.
on Monday, Tuesday, Wednesday and Friday.
Mayor Baldwin asked if they had any customers and Mr.
Sweatt replied very few, but he expects it will improve as
the word gets out.
# 9 ITEMS BY COUNCIL
Mr. Greenwald: A. Informed everyone the opening day
ceremonies for BVYA are April 1st starting at 9:00 a.m.
B. Related that Tex Farnsworth announced at the CVADAC
meeting last night there's going to be an FFA/AG fair at
Wiederstein on the 31st of March from 8:00 a.m. to 2:00
p.m.
C. Noted that CVADAC, in combination with County Juvenile
Probation, will be hosting a drug-free rally in the Schertz
Park on April 22nd from 11:00 a.m. to 2:00 p.m.
Mrs.
4th
into
Marsh: Stated they had a meeting today regarding the
of July Jubilee. As Council knows, this has turned
a major production. They sent out 182 invitations
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11/'1
just to the parade. We have people calling us now asking
to participate in our festivities. This of course means a
lot of work by a lot of people. We need citizen volunteers
and Lori Peters said she would put a notice in the Herald
Newspaper. If anyone wants to volunteer they can call
Anita Clark at 658-2896.
Also,
and/or
fund.
Mrs.
Club 100 is active. It is made up of
citizens who give at least $100 to the
The fireworks are funded entirely through
Marsh is the contact person for Club 100.
businesses
fireworks
donations.
Mr. Potempa: Asked how much damage there was in the City
last night from the storm. Mr. Sweatt replied not too
much. There were lots of fallen limbs and one fire at the
La pasadita Restaurant attributed to lightning.
Mr. McDonald: Commented he attended the Library Board
meeting last night and one of the things they are
scheduling is a book sale. He then asked Richard
Cervantes, Library Board Chairman, to give some of the
details of the sale.
Mr. Cervantes mentioned the book sale has been tentatively
scheduled for April 7th from 2:00 p.m. to 8:00 p.m. and
April 8th from 10:00 a.m. to 5:00 p.m. Books will be sold
for 25 cents per inch and magazines for 10 cents per inch.
The Library Board members will go in ahead of time and
clean out the books and prepare them for the sale.
Mr. McDonald pointed out that the material that is not
marketable is going to an orphanage in Mexico. Mr.
Cervantes said this is a first time thing. He is active in
mission work and will be taking a group of people to the
Mexican orphanage where they will deliver medical supplies,
food products and the reading materials. The children at
the orphanage range in age from a few hours to 18 years.
#10 ITEMS BY MAYOR:
A. Reported Jim Harris has graciously agreed to serve, on
behalf of the City of Schertz, on the Restoration Advisory
Board at Randolph Air Force Base.
Mr. Harris remarked what it actually has to do with is
ecology. They are restoring the land back to the way it
was in places where they have spilled gasoline and other
similar things.
B. Called on
print presented
it and forgot.
the sons of
Commissions.
Retired."
Mr. Cervantes to read the plaque on the
earlier - he meant to have Mr. Swinney do
The plaque reads as follows: "In honor of
Sergeants who have earned Air Force
Donor: Ray Swinney - Msgt. Air Force,
-0:-:-
/ .52J
#11 ADJOURNMENT: On a
seconded by Mr. McDonald and
meeting adjourned at 8:05 p.m.
ATTEST:
~ t2/~~/?../
City Secretary, City of Schertz
motion by
unanimously
Mr. Potempa,
carried, the
"
-..J
Mayor, City of Schertz, Texas