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ccreg 11-16-1999 . REGULAR SESSION OF THE SCHERTZ CITY COUNCIL NOVEMBER 16, 1999 The Schertz City Council convened in Regular Session on Tuesday, November 16,1999 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 Pia Jarman; Joe Potempa; Reginna Agee; Glyn D. Williams and Ken Greenwald. Staff present were City Manger Kerry Sweatt and City Secretary Norma Althouse. Mayor Baldwin asked everyone to rise and join him in the Pledge of Allegiance to the Flag and to remain standing for an invocation by Reverend Jim Fowler of the First Baptist Church. Following the invocation, a Proclamation was read declaring the week of November 21 through November 28 as "Bible Week" in the City of Schertz. The following clergymen were present for the reading of the Proclamation: Reverend Jim Fowler of the First Baptist Church, Reverend Mike Ratcliffe of the Schertz Church of Christ, Pastor Clark Sloneker of the Randolph Christian Church and Monsignor Roger Robbins of Good Shepherd Catholic Church. Mayor Baldwin thanked them for comi ng. . #1 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. No one had signed up to speak. Mayor Baldwin introduced Guadalupe County Commissioner Jim Wolverton and acknowledged the presence of students from Samuel Clemens High School. #2 RESOLUTION: Consider and take action regarding Resolution casting votes for election of Director for Guadalupe County Appraisal District. Mayor Baldwin introduced a Resolution and read the caption as follows: RESOLUTION NO. 99-R-18 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS CASTING VOTES TO ELECT DIRECTORS FOR THE GUADALUPE COUNTY APPRAISAL DISTRICT FOR THE YEARS 2000-2001. . Mayor Baldwin related the Council had nominated former Mayor Earl Sawyer. He then asked Mrs. Agee if she knows how the school district is going to vote and she replied she does not, but had heard primarily for Malford Brehm and the -36- . remainder for Sylvia Schlather. Mayor Baldwin commented the Council can cast their votes for Earl Sawyer, but after speaking with him this evening, he probably doesn't have enough support. There are 5,000 votes scattered among the entities and our share is 190. He will leave it up to Council to decide. After some discussion, Mr. Greenwald noted that although he's a good man, he can't see wasting 190 votes for Earl Sawyer. Mr. Greenwald moved to approve a Resolution casting the City's 190 votes for Sylvia Schlather for election as Director for Guadalupe County Appraisal District. Mr. Potempa seconded the motion, which carried with the following votes: AYES: Councilmembers Jarman, Potempa, Agee, Williams and Greenwald. NAYS: None. #3 ROW Conveyance: Consider and take action regarding right-of-way conveyance for Dietz Road. Mr. Greenwald moved to approve conveyance of the right-of-way for the Dietz Road Project. Mr. Williams seconded the motion, which carried with the following votes: . AYES: Councilmembers Jarman, Potempa, Agee, Williams and Greenwald, NAYS: None. #4 BID AWARD: Consider and take action awarding bid for police cars. Mr. Sweatt related that five bids were received and opened on October 22nd. After review, they are recommending the bid be awarded to the lowest bidder, which is Bluebonnet Motors in the amount of $79,045.40. Mr. Williams commented that at the workshop meeting last Wednesday he had asked for a copy of the specifications and only received them 10 minutes before the meeting tonight. This is not a vote against the bid, but if Council has no problem with it, he would like to table action on this item until the next regular meeting. Mr. Sweatt stressed that he didn't promise to get the specifications out to Mr. Williams any sooner because of being closed for the Veterans Day holiday. Both the Mayor and Mr. Williams agreed Mr. Sweatt had told Mr. Williams he would have the specifications to him by Monday. Mayor Baldwin then wondered if we're running beyond any deadline if we don't approve the bid until the next regular meeting. . -37- . Mrs. Jarman noted that even if they see the specifications, all the pertinent bid information was provided by the Police Department. The only issue is which one meets all those requirements and is the lowest. Mr. Williams said he just wanted to be able to say he knows what he's voting on. Mr. Williams moved to table action on awarding the bid for the police cars until the next regular meeting. Mr. Potempa seconded the motion. The vote was as follows: AYES: Councilmembers Potempa and Williams. NAYS: Councilmembers Jarman, Agee and Greenwald. Motion did not carry. Mrs. Jarman moved to award the bid for the police cars to Bluebonnet Motors in the amount of $79,095.40. Mr. Greenwald seconded the motion. Mrs. Agee remarked she understands the principle, but if you table action, it slows down the process and someone will have to suffer. Mr. Potempa stated he's not against awarding the bid, it just seems there ought to be more coordination between the City Manager and City Council in the future. . Mr. Potempa then asked how many entities open bids before their Councils and Mr. Sweatt replied not many. Mayor Baldwin added he's not in favor of opening bids before Council unless they are ready to take on all the responsibility involved. The Mayor said he does support the request by Mr. Williams to see the specifications before the bids are opened. It seems to be important to Mr. Williams and so he should be provided with them in the future. Mrs. Agee noted that still someone has to analyze the bids to see if they meet all the specifications and it would be a waste of Council time when the City has staff to do that. Mr. Sweatt indicated he felt like his honesty was being impugned. He has no problem providing Council with the specifications. Mrs. Agee agreed with Mr. Potempa about communications between the City Manger and Council and thinks that can be resolved. Council needs to be able to ask questions ahead of time. Mayor Baldwin also agreed and said being provided with the specifications the night of the meeting is too late. At this time the vote was taken and the motion carried as follows: AYES: Councilmembers Jarman, Potempa, Agee, Williams and Greenwald. . NAYS: None. -38- . #5 ORDINANCE: Consider and take action on first reading of Ordinance regarding parking designation on portions of Woodland Oaks Drive. Mayor Baldwin introduced an Ordinance and read the caption as follows: AN ORDINANCE 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 18-91, PARKING PROHIBITED; AND PROVIDING A REPEALING CLAUSE. Mr. Sweatt explained it came to their attention that the old ordinance specified no parking only as far as Cotton King and they needed an amendment. This ordinance extends no parking on Woodland Oaks Drive to either side from eastern City limits to western City limits. Mr. Williams moved to approve the first reading of an Ordinance regarding no parking designations on portions of Woodland Oaks Drive. Mr. Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers Jarman, Potempa, Agee, Williams and Greenwald. . NAYS: None. #6 AGREEMENTS: Consider and take action regarding the following BVY A Agreements: A. Use of Ballfields and Concession Stand at Thulemeyer Park; and B. Use of Building at 401 Oak Street. A. Mr. Greenwald moved to approve the BVY A Agreement for use of the Ballfields and Concession Stand at Thulemeyer Park. Mrs. Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Jarman, Potempa, Agee, Williams and Greenwald. NAYS: None. B. . Mr. Greenwald moved to approve the BVY A Agreement for use of the building at 401 Oak Street. Mr. Potempa seconded the motion, which carried with the following votes: -39- . AYES: Councilmembers Jarman, Potempa, Agee, Williams and Greenwald. NAYS: None. #7 Discuss City responsibility concerning proposed contract revenue bond issue by Schertz/Seguin Local Government Corporation. Mr. Sweatt advised the Local Government Corporation is moving forward with anticipation of selling bonds and the first issue will be $10,000,000. Additional revenue bonds will be issued in the future. No action is expected tonight. It will be discussed at the December 1 st workshop and the final vote will be at the December 7th meeting. Mark McLlney of Southwest Securities was present and reviewed a few highlights of the process as follows: . there will be a resolution from each City supporting the bonds . bond buyers have the option not to buy if either City doesn't support it . they have a right not to go with it if the interest is too high . . they are planning a presentation to the rating agencies and insurance companies . it appears in late December or early January some Y2k concerns may appear . Michael Spain will be reviewing the contract terms · the Local Government Corporation can't sell additional bonds without the approval of the City of Schertz and the City of Seguin Michael Spain added that the bonds are the responsibility of the Local Government Corporation. The money is the responsibility of both cities. Schertz is entitled to 50% of the water and 50% of the cost. Mayor Baldwin asked when they will be opening bids and Mr. McLlney replied they are waiting until the last minute to reduce the risk - it will probably be December 6th. The Mayor then inquired if they have the right to consider that the bids are not good. Mr. McLlney replied yes, but noted they have very good credits on the utility side and are in good financial shape. . Mayor Baldwin verified that the next workshop is December 1 st when this can be discussed further. Mr Sweatt indicated that is correct. Mr. Sweatt then noted the next round of drafts would be weighty. Mr. McLlney stated it would then go to -40- . the Attorney General. Mayor Baldwin thanked Mr. McLiney for his time and efforts. #8 RESOLUTION: Consider and take action regarding Resolution regarding former insurance provider billing practices. Mayor Baldwin introduced a Resolution and read the caption as follows: RESOLUTION NO. 99-R-19 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ABSOLVING ALL FORMER SUBSCRIBERS TO COMPREHENSIVE HEALTH SERVICES, d.b.a. WELLCHOICE, UNDER THE PROVISION OF TEXAS INSURANCE CODE, ARTICLE 20A.18A (g). Mr. Sweatt stated this was discussed at the workshop last week and once Council approves it, a copy will be sent to the Texas Department of Insurance. Mrs. Jarman moved to approve a Resolution regarding former insurance provider billing practices. Mrs. Agee seconded the motion, which carried with the following votes: . AYES: Councilmembers Jarman, Potempa, Agee, Williams and Greenwald. NAYS: None. #9 CITY MANAGER'S REPORT · Mentioned this is the last meeting in November because of the way the calendar falls. The next meeting will be the workshop on December 1 st. December is a funny month as far as meetings - they will fall on the 1st, the 7th, the 15th, the 21st and the 29th. Council may want to consider canceling one or more during the holidays. January will be a normal month with meetings falling on the 4th, the 12th, the 18th and the 26th. He will be gone for a few days at the end of the month of December, but will be back by January 2nd. · Stated the developer of Walgreen's is anxious for City support of the traffic signal at Savannah Drive and FM 3009. #10 ITEMS BY COUNCIL Mrs. Jarman: . · Noted that at the last workshop they chose the date of December 7th to honor Ruth Tienor at a reception. There is a school Christmas party that day, so we -41- . have to choose a different day. Perhaps Mr. Sweatt has a suggestion. After a brief discussion, it was decided to go ahead with the reception on January 4th. Mr. Potempa: . Asked why the lights on this side of IH-35 are not on. Mr. Sweatt answered he didn't know, but would check it out. Mr. Williams: . Mentioned he had received calls from citizens complaining about the Eckerd Drug security lights - they are shining in their windows. He told them to call Eckerd about it. By the way, Eckerd did cut into the Woodland Oaks Homeowners Association water supply and also the electricity. Mr. Greenwald: . Referred to the seal coating project and said he has been getting lots of complaints. They didn't get the rocks up, but instead swept them into driveways and yards. It was revealed there are large bare spots with no oil. The lowest bid is not necessarily the best. . #11 ITEMS BY MAYOR . Related he had asked that the Council table discussion about student participation in government until all the members were present. He didn't want to ask for Ms. Briscoe's input until all the parameters were set. He had requested this be an agenda item for discussion sometime after the first of the year. #12 EXECUTIVE SESSION: Called under Chapter 551 Texas Government Code, Subsection 551.071, Pending or contemplated litigation. An Executive Session was held from 8:45 p.m. until 8:54 p.m. #13 Action, if any required, on above Executive Session: A. RESOLUTION: Consider and take action regarding Resolution to provide participation in lawsuit styled City of San Benito et al versus P G & E Gas Transmission. Mayor Baldwin introduced a Resolution and read the caption as follows: . -42- . RESOLUTION NO. 99-R-20 A RESOLUTION AUTHORIZING AND DIRECTING THE APPROPRIATE CITY OFFICIALS TO TAKE CERTAIN ACTION TO PROTECT THE SPECIAL INTEREST OF THE CITY OF SCHERTZ IN CERTAIN LITIGATION; MAKING FINDINGS AND PROVIDING PARTICIPATION. Mr. Williams moved to approve the Resolution regarding participation in lawsuit styled City of San Benito et al versus P G & E Gas Transmission. Mr. Jarman seconded the motion. Mayor Baldwin asked, if the City received money from this lawsuit, where it would go. Mr. Sweatt replied without direction from Council, it would go into the General Fund. The Mayor then asked if the budget could be amended and Mr. Sweatt replied yes. The Mayor thought it might be a good idea to use it as an initial contract payment for the Local Government Corporation. Michael Spain said it would have to be set aside in a special account. It was also mentioned it could be used to improve the parks. Mr. Williams suggested they go ahead and pass the Resolution and determine later where the money will go. At this time the vote was taken and the motion carried as follows: . AYES: Councilmembers Jarman, Potempa, Agee, Williams and Greenwald. NAYS: None. B. ORDINANCE: Consider and take action on Ordinance granting permit and consent to P G & E Texas Pipeline. Mayor Baldwin introduced an Ordinance and read the caption as follows: ORDINANCE NO. 99-M-28 AN ORDINANCE GRANTING A PERMIT AND CONSENT TO PG&E TEXAS PIPELINE, L.P., ITS SUCCESSORS AND ASSIGNS TO MAINTAIN, USE AND OPERATE CERTAIN NATURAL GAS TRANSMISSION PIPELINES ALONG, ACROSS, AND UNDER PUBLIC PROPERTY AND RIGHTS OF WAY IN THE CITY OF SCHERTZ, TEXAS. Michael Spain noted this should be an emergency reading and he will add that to the end of the caption and provide the City Secretary with a new page. . Mr. Williams moved to approve the emergency reading of an Ordinance granting permit and consent to P G & E Texas Pipeline. Mr. Greenwald seconded the motion, which carried with the following votes: -43- . AYES: Councilmembers Jarman, Potempa, Agee, Williams and Greenwald. NAYS: None. #14 ADJOURNMENT There being no further business to discuss, Mayor Baldwin adjourned the meeting at 9:02 p.m. Mqi~ ATTEST: . ~~~. City Secretary, City of Schertz, . -44-