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ccreg 01-18-2000 . REGULAR SESSION OF THE SCHERTZ CITY COUNCIL JANUARY 18,2000 The Schertz City Council convened in Regular Session on Tuesday, January 18, 2000 at 7:00 p.m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Councilmembers Pia Jarman; Joe Potempa; Glyn D. Williams and Ken Greenwald. Absent: Mayor Hal Baldwin and Councilmember Reginna Agee. Staff present were City Manager Kerry Sweatt and City Secretary Norma Althouse. Due to the absence of Mayor Hal Baldwin and Mayor Pro-Tern Reginna Agee, Council member Joe Potempa was chosen to fill in as Mayor Pro-Tern. He asked everyone to rise and join him in the Pledge of Allegiance to the Flag. Following the Pledge, Mayor Pro-Tern Potempa presented a Proclamation to Ollie Burkett of the Schertz-Cibolo-Universal City ISD Board declaring January 2000 as "School Board Recognition Month" in the City of Schertz. Mr. Burkett thanked Council for the recognition of school board members. e Mayor Pro-Tern Potempa then read a Proclamation declaring January 2000 as "Fair Housing Month" in the City of Schertz. No one was present to receive the Proclamation. #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. George Mower of 501 Brooks Ave. had signed up to speak on two items - the proposed annexation in Comal County and the air raid siren. Mr. Mower commented that lately a City Councilmember, who is a school employee, voted to get rid of the school police force. This proposed annexation would mean providing police, fire and EMS service to that area in Comal County. Why? What's the advantage? What's in it for Schertz? Mr. Sweatt explained the City would provide the same services they provide to any other area that is annexed. Mr. Mower then mentioned it has been 15 months since the flood and citizens are still waiting for the City to put in an alarm system in case of emergency. He doesn't ever hear any excuses for not doing it. He doesn't understand why it hasn't been done. Mr. Sweatt explained they are recommending a telephone system instead of an air raid siren because they feel it is more effective. When a siren goes off, the impact on the dispatchers is quite heavy and of some concern. Mr. Mower felt that explanation didn't wash. . Charles McDonald of 2629 Cotton King had signed up to speak on several items. First, he informed Council that Guadalupe County Memorial Hospital has started -80- . a new prescription program, which is free to needy people. It should get started in Schertz in approximately 3-6 weeks. It doesn't cost the taxpayers any money. Mr. McDonald then referred to Roy Richard Drive, John E. Peterson Blvd. and the Bob Andrews Conference Room and noted all those things were named after people who are deceased. He, however, would like to recommend that the new emergency services buildings be called the Earl W. Sawyer Municipal Complex even though Mr. Sawyer is still alive. Mayor Pro-Tern Potempa remarked that Mr. Sawyer spent many years in public office and stays involved with the community. He thinks naming the complex after him is a good idea, but it's up to Council. After discussion, it was decided to form a committee to review the situation and come up with some kind of policy. #2 PUBLIC HEARING: To receive citizen comments on request for Specific Use Permit at 18407 IH-35 North. . Mayor Pro-Tern Potempa explained the procedures that would be followed for a public hearing. Mr. Sweatt pointed out the location on the map and noted one (1) letter had been sent to the property owner within the required distance and nothing had been returned. The applicant is requesting to place a manufactured home in an area zoned for industrial use for a period no longer than three (3) years while a permanent residence is being built. The frontage of the property is zoned General Business and is in the City limits. The manufactured home is proposed to be located approximately 180 yards off the service road. Mr. Sweatt then said representatives of the applicant were present to answer questions. Mr. and Mrs. Hollingsworth (daughter and son-in-law of the applicant) were present and Mr. Hollingsworth indicated he now feels he can build the home in two (2) years instead of three. He also indicated most of the property is in Guadalupe County, just part of it is in Comal County. Bernice Kraft, the applicant and owner of the property, returned her letter in person stating she was in favor of the req uest. There were no further questions and Mayor Pro-Tern Potempa closed the public hearing at this time. #3 Consider and take action on above request for Specific Use Permit. Mr. Greenwald moved to approve the request for a Specific Use Permit at 18407 IH,.35 North allowing placement of a manufactured home in an area zoned for industrial use for a period of time not to exceed three (3) years. Mrs. Jarman seconded the motion, which carried with the following votes: . -81- . AYES: Councilmembers Jarman, Williams and Greenwald. NAYS: None. #4 BID AWARD: Consider and take action on awarding bid for renovation and roofing work for Municipal Buildings. Mr. Sweatt advised that after review, they are recommending the bid be awarded to V.W. Brooks in the amount of $259,693. He asked Council to keep in mind that, as discussed at the workshop last week, this includes the roofs for both the Municipal Complex and the Community Center and the renovation of the police portion of the Municipal Complex. He also mentioned the original plan had been modified to remove the old roofing and start from there for an additional charge pf $500 per building. Mrs. Jarman moved to award the bid for renovation and roofing work for the Municipal Buildings to V.W. Brooks in the amount of $259,693. Mr. Williams seconded the motion, which carried with the following votes: AYES: Councilmembers Jarman, Williams and Greenwald. . NAYS: None. #5 BID AWARD: Consider and take action on awarding bid for FM 78 parking lots. Mr. Sweatt noted that after review, it is recommended the bid be awarded to Pronto Sandblasting and Coatings, Inc. in the amount of $60,922.35. Mr. Greenwald moved to award the bid for the FM 78 parking lots to Pronto Sandblasting and Coatings, Inc. in the amount of $60,922.35. Mr. Williams seconded the motion, which carried with the following votes: AYES: Councilmembers Jarman, Williams and Greenwald. NAYS: None. #6 PERMIT: Consider and take action on request from Smith and Sons, Inc. for well permit, . Mr. Sweatt reminded Council they had a letter from Smith and Sons, Inc. in their packets for the workshop last week. They are requesting a variance allowing them to drill a well 275 feet from an existing water line. The City is recommending the variance be granted with the stipulations that Smith and Sons, Inc. adhere to the terms of the ordinance and arrangements for an approved -82- . back-flow prevention device and annual testing, that it doesn't effect the City's permit and the permit be reviewed annually in case changes are needed.. Mayor Pro-Tern Potempa asked Mr. Smith if he will drill the well and he replied no, he hasn't really pursued it yet, but he will have someone with experience in that sort of thing do it for them. Mr. Greenwald moved to approve the request from Smith and Sons, Inc. with the stipulations they adhere to the terms of the ordinance and arrangements for an approved back-flow prevention device and annual testing, that it doesn't effect the City's permit with the Edwards and the permit be reviewed annually in case changes are needed. Mrs. Jarman seconded the motion, which carried with the following votes: AYES: Councilmembers Jarman, Williams and Greenwald. NAYS: None. . #7 APPOINTMENT: Consider and take action regarding appointment of Schertz Parkway Zone Board members. Mr. Sweatt noted the appointments are Chairman Gerald Bethke for a one-year term and Bill Pitts for a two-year term. Mrs. Jarman moved to approve the appointment to the Schertz Parkway Zone Board of Chairman Gerald Bethke for a one-year term and Bill Pitts for a two- year term. Mr. Greenwald seconded the motion, which carried with th4e following votes: AYES: Councilmembers Jarman, Williams and Greenwald. NAYS: None. #8 APPOINTMENT: Consider and take action regarding appointment of Library Board members. Mr. Sweatt noted they are recommending approval of the appointment of Library Board members Juan Thorn, Barbara Ricks, Pattie Lovelady, and Norma Head whose terms expire at the end of December 2000, and Library Board members Margaret Riley, Julie Parr, Mary McAllister, Ruth Tienor and Henry Gutierrez whose terms expire at the end of December 2001. . Mrs. Jarman moved to approve the appointment of Library Board members as presented by the City Manger. Mr. Greenwald seconded the motion, which carried with the following votes: -83- . AYES: Councilmembers Jarman, Williams and Greenwald. NAYS: None. #9 ORDINANCE: Consider and take action on first reading of Ordinance regarding Stop signs at Savannah Drive and Sarc;ltoga Place. Mayor Pro-Tern Potempa 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 OF TH~ CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING SECTION 18-33, ALL-WAY STOPS; AND PROVIDING A REPEALING CLAUSE. . Mr. Sweatt stated this ordinance comes to us in response to a request from some property owners in the Carolina Crossing Subdivision. Council was provided with copies of a petition in their workshop packets last week. This ordinance is for an all-way stop at the intersection of Savannah Drive and Saratoga Place. The property owners had also suggested a change to the existing traffic regulations at the Savannah Drivellnglewood Drive intersection, but the City believes the present use and volume continues to justify the need for a three-way stop at this intersection to protect the crosswalk traffic, so no change there is recommended. Mrs. Jarman moved to approve the first reading of an Ordinance regarding Stop signs at Savannah Drive and Saratoga Place. Mr. Williams seconded the motion, which carried with the following votes: AYES: Councilmembers Jarman, Williams and Greenwald. NAYS: None. #10 RESOLUTION: Consider and take action on a Resolution setting a time, date and place for public hearings pursuant to the proposed annexation of approximately 16.616 acres out of Coma I County. Mayor Pro-Tern Potempa introduced a Resolution and read the caption as follows: . -84- . RESOLUTION NO. OO-R-4 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS SETTING A TIME, DATE AND PLACE FOR PUBLIC HEARINGS PURSUANT TO THE PROPOSED ANNEXATION OF APPROXIMATELY 16.616 ACRES OF LAND OUT OF COML COUNTY. Mr. Sweatt advised this Resolution sets into motion the process for the annexation of the land. It is required that two public hearings be held and those will be conducted on February 15, 2000 and March 7, 2000 at 7:00 p.m. here in the Council Chambers. Mrs. Jarman moved to approve the Resolution setting a time, date and place for public hearings pursuant to the proposed annexation of approximately 16.616 acres of land out of Comal County. Mr. Williams seconded the motion, which carried with the following votes: AYES: Councilmembers Jarman, Williams and Greenwald. NAYS: None. . #11 RESOLUTIONS: Consider and take action on the following Resolutions: A. Establishing City policy regarding written citizens complaint procedure regarding TCDP; B. Establishing policies regarding use of excessive force during non- violent civil rights demonstrations. Mr. Sweatt explained the Department of Housing and Community Affairs has dictated the City adopt these Resolutions as part of our flood mitigation project funding. A. Mayor Pro-Tern Potempa introduced a Resolution and read the caption as follows: RESOLUTION 00-R-2 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ESTABLISHING CITY POLICY REGARDING WRITTEN CITIZENS COMPLAINT PROCEDURE REGARDING TEXAS COMMUNITY DEVELOPMENT PROGRAM (TCDP). . -85- . Mr. Williams moved to approve the Resolution establishing City policy regarding written citizens complaint procedure regarding TCDP. Mrs. Jarman seconded the motion, which carried with the following votes: AYES: Councilmembers Jarman, Williams and Greenwald. NAYS: None. B. Mayor Pro-Tern Potempa introduced a Resolution and read the caption as follows: RESOLUTION NO. 00-R-1 A RESOLUTION ESTABLISHING POLICIES REGARDING THE USE OF EXCESSIVE FORCE DURING NON-VIOLENT CIVIL RIGHTS DEMONSTRATIONS, INCLUDING THE PHYSICAL BARRING OF ENTRANCES OR EXJ:[S OF FACILITIES OR LOCATIONS WHICH ARE THE SUBJECTS OF SUC~MONSTRATIONS. . Mr. Greenwald moved to approve the Resolution establishing policies regarding use of excessive force during non-violent civil rights demonstrations. Mrs. Jarman seconded the motion, which carried with the following votes: AYES: Councilmembers Jarman, Williams and Greenwald. NAYS: None. #12 CITY MANAGER'S REPORT There was none. #13 ITEMS BY COUNCIL Mr. Williams: Reported attending the Housing Authority meeting where the new Commissioners were sworn in. Mr. Greenwald: Commented he would like to see discussion about naming the new emergency service buildings on the next agenda. . -86- . #14 ITEMS BY MAYOR There were none. #15 ADJOURNMENT There being no further discussion, Mayor Pro-Tem-Potempa adjourned the meeting at 7:50 p.m. w-/(i.~../ Mayor, City of Schertz, Texas 1/ ~ feD'-' I t>/Y( ATTEST: . ~ ~-a-e-J City Secretary, City of Schertz . -87-