ccreg 11-16-1999
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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.
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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
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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:
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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.
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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.
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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.
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#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.
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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:
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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
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. 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.
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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
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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:
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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:
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· 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
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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:
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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.
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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:
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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:
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City Secretary, City of Schertz,
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