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ccreg 10-07-1997 . . . SCHERTZ CITY COUNCIL REGULAR SESSION OCTOBER 7, 1997 The Schertz City Council convened in Regular Session on Tuesday, October 7, 1997 at 7:00 p.m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Hal Baldwin presiding; Councilmembers Charles McDonald; Joe Potempa, Norman Agee, Sr.; Timothy Swinney and Ken Greenwald. Staff present were City Manager Kerry Sweatt and City Secretary Norma Althouse. Due to the fact Mayor Baldwin was a few minutes late, Mayor Pro-Tern Norman Agee, Sr. presented two Proclamations. The first was to Ray Thomas declaring October 16, 1997 as Flying/Aviation Cadet Corps. Day. Mr. Thomas said a once-in-a-lifetime reunion will be held at Kelly AFB, October 16th through 18th for the alumni of the Flying/Aviation Cadet Corp. The second Proclamation was to representatives of proclaiming October 27 through November 1 as Democracy Week in Samuel Clemens High School. the VFW Voice of . Mayor Pro-Tern Agee stated he had served as a judge for the Voice of Democracy contest and it was an inspiring experience. Mayor Baldwin having now arrived, asked everyone to stand and join him in the Pledge of Allegiance to the flag. #1 APPROVAL OF MINUTES: Regular Session 7-15-98 Special Session 8-13-97 Regular Session 8-19-97 Special Session 8-27-97 Regular Session 9-16-97 Special Session 9-27-97 Mr. Greenwald moved to Session 7-15-98, Special 8-19-97, Special Session Special Session 9-27-97 approve the minutes for the Regular Session 8-13-97, Regular Session 8-27-97, Regular Session 9-16-97 and Mr. Greenwald moved to Session 7-15-98, Special 8-19-97, Special Session Special Session 9-27-97. approve the minutes for the Regular Session 8-13-97, Regular Session 8-27-97, Regular Session 9-16-97 and Mr. McDonald seconded the motion. . Before the vote, Mr. Swinney asked that under ITEMS BY COUNCIL, for the minutes of 8-13-97, the statement Related it was a pleasure dininq with the City Manager and his wife at the Region 17 meeting be stricken and replaced with Related he had en;oved the Reqion 7 meetinq. The vote was then taken and the motion carried as follows: -8- . . . AYES: Councilmembers McDonald, Potempa, Agee, Swinney and Greenwald. NAYS: None. #2 HEARING OF RESIDENTS: Those citizens wishing to speak on agenda items (other than public hearing items) or items not on the agenda, will be heard at this time. Magdalena Pena and Judy Dietz both wished to speak on one of the public hearing items and were informed by Mayor Baldwin they could speak at this time and the item will be coming up later on the agenda if they wanted to wait. They both chose to go ahead and speak. Magdalena Pena of 1037 Live Oak Road stated she is not opposed to naming a street after the Gutierrez family because Mr. Gutierrez was a fine man. She is, however, opposed to changing the name of Live Oak Road due to the expense and inconvenience to the residents of Live Oak Road in having to change their address and all that involves such as checks, insurance, Social Security, etc. . Judy Dietz of 1236 Live Oak Road basically agreed with Ms. Pena and said she has a lot of respect for the Gutierrez family - she has known them for years. She is not opposed to naming a street after them. She has lived at her current address for 29 years and the residents of the nearby Persimmon Apartments, which she and her husband manage, range in age from 70 to 92 years, many of them with chronic illnesses, and it would be a real stress to add another burden to their lives by changing the name of Live Oak Road and all that would involve as previously pointed out by Ms. Pena. Mayor Baldwin thanked the ladies for their comments. #3 DIETZ ROAD PROJECT: Consider regarding Guadalupe County/City of participation in Dietz Road Project. and Cibolo take action request for Mr. Sweatt advised this had been discussed at the workshop last week. Commissioner Wolverton is here tonight to address Council and asked for City of Schertz support. Commissioner Wolverton stressed they want to make sure they don't give the Metropolitan Planning Organization (MPO) a black eye in Guadalupe County. One means of support they will need from the City of Schertz is right-of-way. The project will be done correctly and the funds will be administered properly. They have asked TXDoT to handle the engineering. . Mr. Sweatt told Council if they wish to support the project, they need to make a motion for support. Mr. McDonald asked if the motion should include a statement about right-of-way and Mr. Sweatt answered he thought that would be difficult, they just need a show of support. -9- . . . . . Mr. McDonald moved to authorize the City of Schertz to support the Guadalupe County/City of Cibolo Dietz Road Project. Mr. Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Agee, Swinney and Greenwald. NAYS: None. #4 REIMBURSEMENT RESOLUTION: Consider and take action on a Resolution relating to establishing the City's intention to reimburse itself for the prior lawful expenditure of funds from the proceeds of tax-exempt obligations to be issued by the City for authorized purposes; authorizing other matters incident and related thereto; and providing an effective date. Mayor Baldwin introduced a Resolution and read the caption as follows: RESOLUTION NO. 97-R-16 A RESOLUTION RELATING TO ESTABLISHING THE CITY'S INTENTION TO REIMBURSE ITSELF FOR THE PRIOR LAWFUL EXPENDITURE OF FUNDS FROM THE PROCEEDS OF TAX-EXEMPT OBLIGATIONS TO BE ISSUED BY THE CITY FOR AUTHORIZED PURPOSES; AUTHORIZING OTHER MATTERS INCIDENT AND RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE. Mr. Potempa moved to approve the Reimbursement Resolution. Mr. Greenwald seconded the motion. Before the vote was taken, Mr. McDonald asked what happens to excess funds. Mr. Sweatt answered they can buy some of the bonds back or put the excess into the debt service. The vote was then taken and the motion carried as follows: AYES: Councilmembers McDonald, Potempa, Agee, Swinney and Greenwald. NAYS: None. #5 PUBLIC HEARING: To receive citizen comments on a request from Jesse Hellums for a Specific Use Permit allowing him to place a manufactured home on his property. Mayor Baldwin explained the procedures to be followed for a public hearing. Mr. Sweatt related Mr. Hellums would like to place a 30' x 70' manufactured home on his property in the Oak View Mobile Home Park and then pointed out the location on the map. He also mentioned the City has received no objections to Mr. Hellums' request. -10- . . . . . There being no comments or questions, Mayor Baldwin closed the public hearing at this time. #6 Consider and take action on above request from Jesse Hellums for a Specific Use Permit. Mr. Potempa moved to approve the request from Jesse Hellums for a Specific Use Permit allowing him to place a manufactured home on his property. Mr. Greenwald seconded the motion. Before the vote was taken, Mr. McDonald observed that Mr. Hellums was not at the workshop last week or at the meeting tonight and wondered if he had been notified and if he had attended any of the Planning and Zoning meetings. Mr. Greenwald replied he had attended the Planning and Zoning meetings and Mr. Sweatt advised he had been notified of the public hearing by a letter from Steve Simonson. At this time the vote was taken and the motion carried as follows: AYES: Councilmembers Potempa, Agee, Swinney and Greenwald. NAYS: Councilmember McDonald. ABSTENTIONS: None. #7 PUBLIC HEARING: To receive citizen comments on a request from Helen Gutierrez for a street name change from Live Oak Road to Gutierrez Lane. Mr. Sweatt informed Council this started with a letter from the Gutierrez family. Planning and Zoning held a. public hearing, under new guidelines adopted for renaming a street, on September 23, 1997 and voted to deny the request. Mr. Sweatt went on to say twenty-four (24) letters were sent to property owners within the required distance. Twelve (12) letters were returned opposed and one (1) letter was returned in favor. Henry Gutierrez of Alamo Waste spoke about his family. Mr. Gutierrez stated his family has provided community service for over thirty (30) years. Anything named after them would suffice - a street, a park, etc. One thing the public doesn't realize is his family has the only business that has affected every family and other business in the community. They have worked on recycling with the City Manager. They donated $15,000 worth of services to the recent flood victims without charge. Through the years his Mom and Dad did the same thing. In the early 70's, when streets were completely impassable, they hauled trash on a tractor/trailer. He thanked Council in advance for whatever they can do and said they appreciate the recognition. -11- . . . Mr. Agee commented he has only lived in Schertz for a short time, but he knows he can call on Henry Gutierrez for anything he needs. He doesn't think naming a street after someone is a significant thing. The City has a nice xeriscape park where a plaque could be placed to honor the Gutierrez family. Mr. McDonald agreed with Mr. Agee. He knew Henry Gutierrez, Sr. It could also be taken one step further and be called the Henry and Rose Gutierrez Park. Albert Pena of 1037 resident since 1962. is a good idea, but street name. Live Oak Road stated he had been a He thinks honoring the Gutierrez family it is a real inconvenience changing a There were no further comments or questions, so Mayor Baldwin closed the public hearing at this time. #8 Consider and take action on above request for street name change. Mr. Swinney admitted apparently the citizens don't take the renaming of a street lightly. Their biggest reason against it is the changing of records. The park idea is a good idea. It would represent the Gutierrez family efforts. . Mr. Greenwald pointed out developers coming in always need street names and the City should keep a list of those they might want to name a street after, but he likes the idea of the park being named after the Gutierrez family. Mr. name idea. Potempa mentioned he would go along with changing of the street, but he will also go along with the the park Mayor Baldwin confirmed it is a traumatic step on the part of the City to change a street name. He is pleased the Council came up with the park idea. Mr. McDonald moved to deny the request from the Gutierrez family to rename Live Oak Road to Gutierrez Lane and instead moved to name the xeriscape park either the Henry and Rose Gutierrez Park or the Gutierrez Family Park (he will defer to Henry Gutierrez for that). Mr. Potempa seconded the motion. Mr. Swinney suggested it would be best to amend the motion to say they will name the xeriscape park as the Gutierrez family dictates. . Mr. McDonald restated his motion, movinq to deny the request from the Gutierrez family to rename Live Oak Road to Gutierrez Lane and in lieu of the street name change, moved to name the xeriscape park after the Gutierrez family as the family dictates. Mr. Potempa seconded the motion, which carried with the following votes: -12- . . . AYES: Councilmembers McDonald, Potempa, Agee, Swinney and Greenwald. NAYS: None. #9 ORDINANCE: Consider and take action on final reading of Ordinance rezoning 30 acres from Mobile Home Subdivision (MHS) to Residential/Agriculture (R/A) (Cliff Johnson property). Mr. Potempa inquired if Mr. Johnson came in with plans and for building permits as he said he was going to and Mr. Sweatt replied not to his knowledge. Mr. Sweatt, giving a brief history of Mr. Johnson's proposed project, went on to say action on this particular ordinance has been tabled several times - once for 90 days and again for 60 days. At the last workshop, Mr. Johnson appeared to have his ducks in order. Mr. Potempa moved to table action on the final reading of an ordinance rezoning 30 acres from MHS to R/A for 30 more days. Mr. Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers Potempa, Agee, Swinney and Greenwald. . NAYS: Councilmember McDonald. ABSTENTIONS: None. #10 FRANCHISE TRANSFER: Consider regarding request from Alamo/USA franchise. and Waste for take action transfer of Mr. Sweatt reminded Council they have in their packets a letter from Alamo Waste and a letter from the District Manager of USA Waste. A transfer of franchise requires approval by City Council and a simple motion is all that's required. Mr. Greenwald moved to approve the request Waste for a transfer of franchise. Mr. Agee motion. from Alamo/USA seconded the Before the vote was taken, Mr. McDonald asked if there was anything new they should know about the merger and Mr. Potempa questioned when the franchise will come up for renewal. Mr. Sweatt replied it will come up for renewal in 2004 and Mr. Gutierrez is here tonight so he will let him speak about the merger. . Mr. Gutierrez stated, as far as his situation is concerned, he will remain with the company in management for a minimum of five (5) years. The real estate on FM 2252 is part of the deal. USA Waste will have their base in Schertz. They are an aggressive company and rank 3rd among all waste management companies. They will provide service to all the Metrocom area -13- . . . . . with the exceptions of Converse and Randolph Air Force Base. They realize they merged with a good company and he sees lots of positive things in the future. He, personally, is pleased because they have retained a lot of the key people from Alamo Waste. They have moved their headquarter temporarily to 410 and Southcross, but construction at the FM 2252 site will start shortly. At this time the vote was taken and the motion carried as follows: AYES: Councilmembers McDonald, Potempa, Agee, Swinney and Greenwald. NAYS: None. Mr. Potempa asked when they expect to annex the land where Alamo Waste is located and Mr. Sweatt replied within the next 30-45 days. #11 REAPPOINTMENT: Consider and take action regarding reappointment of Planning and Zoning members. Mr. Sweatt advised the terms of Pia Jarman, David Richmond and Gary Wallace are up for reappointment and all have agreed to serve for another two years. Mr. Greenwald moved to reappoint Pia Jarman, David Richmond and Gary Wallace for another two-year term on the Planning and Zoning Commission. Mr. Potempa seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Agee, Swinney and Greenwald. NAYS: None. #12 BID AWARD: Consider and take action on awarding bid for the Elbel Sidewalk Project. Mr. Sweatt related it is the recommendation of Ford Engineering that the bid be awarded to San Antonio Constructors, Inc. in the base amount of $32,472. It is also recommended Council reject the $7,040 alternative additive bid. That is for the area around the service station and the Dove Meadows area. They expect to accomplish that at a lesser cost and award it (under $5,000) as a separate bid item to others. Mr. McDonald moved to award the base amount bid of $32,472 for the Elbel Sidewalk Project to San Antonio Constructors, Inc. and to reject the $7,040 alternative additive bid also submitted by San Antonio Constructors, Inc. Mr. Agee seconded the motion, which carried with the following votes: -14- . . . . . AYES: Councilmembers McDonald, Potempa, Agee, Swinney and Greenwald. NAYS: None. #13 RESOLUTION: Consider and take action nominating Sylvia Schlather as a member of the Guadalupe County Appraisal District. Mayor Baldwin introduced a Resolution and read the caption as follows: RESOLUTION NO. 97-R-15 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, NOMINATING A MEMBER TO THE BOARD OF DIRECTORS OF THE GUADALUPE COUNTY APPRAISAL DISTRICT. Mr. Potempa moved to nominate Sylvia Schlather as a member of the Board of Directors of the Guadalupe County Appraisal District. Mr. Swinney seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Agee, Swinney and Greenwald. NAYS: None. Mr. Sweatt noted they will furnish a copy of the Resolution to the Appraisal District. #14 PURCHASE OF LAND: authorizing the City Manager construction of a Police activity. Consider and take action to purchase specific land for the and Fire building and related Mr. Sweatt acknowledged the City would like to purchase 10.911 acres of land immediately adjacent to the Municipal Complex and 5.66 acres of land behind SAFES. The owner of the properties is Monterey-Medina and the price per acre is $11,476.91. The total price for purchase of the land would be $125,225.50. The owners have been very cooperative and have agreed to work on a time frame that is best for the City. Mr. McDonald moved to authorize the City Manager to purchase specific land for the construction of a Police and Fire building and related activity. Mr. Agee seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Agee and Greenwald. NAYS: None. ABSTENTIONS: Councilmember Swinney. (Mr. Swinney felt he should abstain because the City had also negotiated on some land that belonged to his father-in-law Malford Ackermann.) -15-