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ccreg 03-07-1995 /'/3 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 /~~ 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. /~'1 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 ~_/ 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