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ccreg 01-16-01 REGULAR SESSION OF THE SCHERTZ CIT!Y COUNCIL JANUARY 16, 2001 The Schertz City Council convened in Regular Session on Tu~sday, January 16,2001 at 7:00 p.m. in the Municipal Complex Council Chambers, 1400 '~chertz Parkway, Schertz, Texas. Those present were as follows: Mayor Hal Baldwin, Ifesiding; Councilmembers Norma Head; Joe Potempa; Reginna Agee; Glyn D. Williams fld Ken Greenwald. Staff present were Interim City Manager Steve Simonson and City S~cretary Norma Althouse. Mayor Baldwin asked everyone to rise and join him in the Pledge of Allegiance to the Flag. ' #1 HEARING OF RESIDENTS " Roger Nichols of 120 Webster spoke regarding concerns abo~t a proposed development along FM 3009. Mr. Nichols stated he had spoken with many residents in the area and they are all concerned about the impact of such a huge proje4t on this part of the City and the impact on the environment in this part of the City. (' be project Mr. Nichols is talking bout is the building of an apartment complex on prope ty on the west side of FM 3009 between Elbel Road and the railroad. Also, the buildin ~ of a large chain grocery store and strip mall and possibly a convenience store on the same side of FM 3009 between the County building and Greenfield Subdivision.) ,I Mr. Nichols reminded Council that a long time ago the buildjng of a funeral home was turned down in that area and the citizens were promised by founCil they would never have a Burger King type environment there. Their worst fear are now being realized if this proposed development comes about. :1 Mr. Nichols went on to say he has concerns about an apart nent complex next to the railroad tracks. What would all the paving do in a flood? The'e is a natural gas right-of- way that goes through the property. What about the safety l!of the citizens and of the school children? The school district is not aware of this situat1Pn. As far as the proposed grocery store, Mr. Nichols commetl.ted he doesn't see much difference between this and the HEB intersection. What klltd of impact study caused Planning and Zoning to entertain this idea? I Mayor Baldwin interrupted Mr. Nichols and reminded him tl is is not a public hearing. At this point Council has not been briefed by the developer. 1\ fr. Nichols mentioned they can't go forward because of a problem in the notification by P anning and Zoning. Their notification does not meet the letter of the law. He claime41 he was told by the City Manager's secretary this was the proper forum to discuss this situation. David Jackson of 124 Webster explained he has seen lots of changes in Schertz. He is concerned about property adjacent to the County buildinlf, he is concerned about 61 A gentleman in the audience (name and address not given) said it sounds funny to have the developer do a Traffic Impact Analysis and not the Departrpent of Public Safety. Mr. Simonson explained the City's ordinance tells what the Traffic Impact Analysis has to contain and it has to be reviewed by the City Engineer. Mr. Keen observed it seems like this room full ofpeople's needs outweigh the developer. At this time the vote on the motion was taken and it carried as :tbllows: AYES: Councilmembers Head, Potempa, Agee, Williams and Greenwald. NAYS: None. #2 Discuss Schertz/Seguin Local Government Corporation Bond issue requirements and Water Rates. John Bierschwale, Public Works Director, gave an overview of what the new water rates would involve. Mark McLiney also gave an overview of what the Schertz/Seguin Local Government Corporation is doing and what the City could expect. The Bond issue should be approved on February 22nd. Mr. Greenwald gave a 'brief history of the efforts of the Schertz/Seguin Local Government Co.pvu:.~jon in getting the project for an alternate water supply to this point. #3 ORDINANCE: Consider and take action on final reading of Ordinance regarding Franchise for Solid Waste Collection. Mayor Baldwin introduced an Ordinance and read the caption as :tbllows: ORDINANCE NO. 01-F-2 GRANTING CIBOLO WASTE INCORPORATED, DBA QEXAR WASTE INC., A FRANCHISE FOR MUNICIPAL SOLID WASTE COLLECTION AND DISPOSAL, A RECYCLING, AND A HOUSEHOLD ~ZARDOUS WASTE PROGRAM; IMPOSING PROVISIONS AND CONDll1IONS RELATING TO THE EXERCISE OF SAME; AND PROVIDING FOR PENALTIES NOT TO EXCEED $200.00 FOR VIOLATION THEREOF; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE. Mr. Potempa moved to approve the final reading of an Ordinance regarding Franchise for Solid Waste Collection. Mr. Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Potempa, Agee, Williams and Greenwald. NAYS: None. 63 After the vote, Mr. Simonson pointed out this Ordinance would become effective 30 days from now. #4 BVY A REQUEST: Consider and take action approving request from BVY A to fmance a small tractor. Mr. Greenwald moved to help BVY A finance the purchase of a small tractor in an amount not to exceed $15,000. Mrs. Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Potempa, Agee, Williams and Greenwald. NAYS: None. #5 BID AWARD: Consider and take action awarding bid for Jetter Truck for Public Works Department. Mr. Greenwald moved to award the bid for a Jetter Truck for the Public Works Dep""';....u,;,.lt to Underground, Inc. in the amount of $68,695. Mr. Williams seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Potempa, Agee, Williams and Greenwald. NAYS: None. #6 BID A WARD: Consider and take action awarding bid for re-roofing of library. Mrs. Head moved to award the bid for the re-roofing of the library to 1904 Corporation in the amount of $59,790. Mrs. Agee seconded the motion, which carried with the :tbllowing votes: AYES: Councilmembers Head, Potempa, Agee, Williams and Greenwald. NAYS: None. #7 BID AWARD: Consider and take action awarding bid for Glock firearms for Police Department. Chief Smith reported that three bids were received all in the amount of $16,365. One company is in Irving, Texas, one company is in Austin, Texas, and the other company is in San Antonio, Texas. He recommends, because of the closeness, the bid be awarded to Drury's Gun Shop in San Antonio. Mrs. Agee moved to award the bid for Glock firearms for the Police Department to Drury's Gun Shop in the amount of$16,365. Mr. Potempa seconded the motion, which carried with the following votes: 64 AYES: Councilmembers Head, Potempa, Agee, Williams and Greenwald. NAYS: None. #8 Discuss City Manager's Contract. Mr. Simonson advised that Michael Spain has made some c~es to the contract. One request from Mr. Cashwell is for the inclusion of the word in~entional before violation of the Texas Onen Meetinlls Act or the Texas Public Information Ac.! under Section 3, Paragraph C. Mr. Greenwald wondered how many words are going to change and Mr. Williams felt that change is not necessary. Mrs. Agee reminded them this has to do with an indictment of the City Manger. Council still felt the change wasn't necessary. Mayor Baldwin said Mr. Cashwell has indicated he would like his proper name in the contract and that is Dewey P. Cashwell, Jr. Council had no problem with that request. Mayor Baldwin suggested, and Council agreed, this contract be offered to Mr. Cashwell and hopefully he would be on board by February 5th. #9 INTERLOCAL AGREEMENT: Discuss and approve Interlocal Agreement between City of Schertz and Guadalupe Valley Hospital. Mr. Simonson explained Michael Spain has worked up a contract on which he feels everyone can agree. It provides for two semi-annual payments of $5,000 (for a total of $10,000) to the hospital. This is in support of the hospital's drug prescription program for qualified citizens. Mayor Baldwin stressed it would be used only for citizens in this part of Guadalupe County. Mr. Greenwald added the drug manufacturers would put in a dollar for every dollar spent. Mr. Greenwald moved to approve the Interlocal Agreement between the City of Schertz and Guadalupe Valley Hospital, Mr. Williams seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Potempa, Agee, Williams and Greenwald. NAYS: None. # 11 Consider and take action setting a public hearing date on a request for a Specific Use Permit from SCUC ISD. Mr. Simonson advised that David Fluker from the school district is present. They wish to locate a school on the southwest corner of Schertz Parkway l\Ild Savannah Drive. They asked for entrances on Schertz Parkway and the Planning and Zoning Commission is against that - they want their ,;,u;........ces to be off Savannah Drive. Also, they are aware of the tree mitigation ordinance. 65 Mayor Baldwin asked and was told by the City Secretary that the next best date for a public hearing would be February 6, 2001. Mr. Potempa moved to set a public hearing date on the request from the school district for a Specific Use Permit to locate a school at the southwest corner of Shertz Parkway and Savannah Drive for February 6, 2001. Mr. Greenwald seconded the motion, which carries with the following votes: AYES: Councilmembers Head, Potempa, Agee, Williams and Greenwald. NAYS: None. #12 INTERLOCAL AGREEMENTS: Consider and take action on the following Interlocal Agreements between the City of Schertz and Guadal~pe County: A. Fire Protection Services B. SAFES-EMS Services C. Library Services D. Animal Control Services A. Mr. Greenwald moved to approve the Fire Protection Services Interlocal Agreement between the City of Schertz and Guadalupe County. Mrs. Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Potempa, Agee, Williams and Greenwald. NAYS: None. B. Steve Simonson noted this should be City of Schertz EMS services and not SAFES-EMS services. Mrs. Agee moved to approve the EMS Interlocal A$1'eement between the City of Schertz and Guadalupe County. Mr. Potempa seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Potempa, Agee, Williams and ;Greenwald.' NAYS: None. C. Mrs. Head moved to approve the Library Interlocal Agree~ent between the City of Schertz and Guadalupe County. Mrs. Agee seconded the motion, which carried with the following votes: 66 AYES: Councilmembers Head, Potempa, Agee, Williams and Greenwald. NAYS: None. D. Mr. Greeenwald moved to approve the Animal Control Interloqal Agreement between the City of Schertz and Guadalupe County. Mr. Potempa seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Potempa, Agee, Williams and Greenwald. NAYS: None. #13 CITY MANAGER'S REPORT . Related that Johrmy Woodward is going back next week for his final chemotherapy treatments and is looking forward to coming back to work. . Announced Gordon Dunkley of the Randolph Area Metrocom Chamber of Commerce would be at the February 6 meeting for an update. . Noted that Home Depot has a grand opening on February g and PetsMart has a grand opening on February 5. Both are located in the Forum. #14 ITEMS BY COUNCIL Mr. Potemo~ . Declared he doesn't know what he would be without the !City of Schertz - flowers, messages, cards, visits. He really appreciated it and is lo~king forward to 2001 and no surgery. . Mentioned there was talk at budget time of a review of the budget after 90 days. Is there any way to get a review on the workshop agenda? Mj-. Simonson replied yes. Mr. Williams: . Stated there's a picture of Norma Head in the Texas Town l\Ild Country Magazine. Mr. Greenwald: Questioned the status of Coronado Paint. Mr. Simonson lndicated they would stop manufacturing paint, but would use their building as a wareh~use. It doesn't make any difference in their abatement for their new project. 67 #15 ITEMSBYMAYOR . Reported receiving a letter regarding traffic problems on FN178. #16 ADJOURNMENT There being no further business to discuss, Mayor Baldwin adjourned the meeting at 9:08 p.m. " d;,~. r MaYDr;-Bity ofSc'hertzj Texas ATTEST: ~WS~Jf"lm2 68