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ccreg 02-15-2000 . REGULAR SESSION OF THE SCHERTZ CITY COUNCIL FEBRUARY 15, 2000 The Schertz City Council convened in Regular Session on Tuesday, February 15,2000 at 7:00 p.m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Schertz, Texas. Those present were as follows: Mayor Hal Baldwin, presiding; Councilmembers Pia Jarman; Joe Potempa; Reginna Agee; Glyn D. Williams and Ken Greenwald. Staff present were City Manager Kerry Sweatt and City Secretary Norma Althouse. Mayor Baldwin asked everyone to rise and join him in the Pledge of Allegiance to the Flag. #! FRANCHISE CHECK: Presentation of Quarterly Franchise Payment by GVEC. Marcus Pridgeon, General Manager and CEO of GVEC, presented a check to the City for the last quarter of 1999 in the amount of $39,076.62. Mr. Pridgeon stated he appreciates working with the City and with Mr. Sweatt. Addressing himself to Mr. Potempa, he stated the intent is to move the utility poles along Schertz Parkway underground depending on how the area develops. . Mr. Greenwald asked about deregulation and Mr. Pridgeon answered the rule passed. Mr. Pridgeon further stated GVEC has the choice of opting in and probably will eventually. There is a fight going on and the question is how will the rule be translated several years from now. Mr. Greenwald wondered if deregulation is the reason for the proliferation of power plants. Mr. Pridgeon felt that was the result of supply and demand and Texas is growing. Mrs. Agee asked why her lights blink a number of times in the evening. Mr. Pridgeon answered it's probably squirrels. Mrs. Agee then inquired why it happens two or three nights in a row at the same time. Mr. Pridgeon requested Mrs. Agee call him and they will try to establish a pattern. It could possibly be something with the power plant. Mr. Pridgeon then introduced Eric Dudley and Shawn Alvarez who were at the meeting with him. He then commented Lew Borgfeld had been here earlier, but there is some kind of squabble at the Cibolo Planning and Zoning meeting and he felt he was needed there. Mayor Baldwin thanked Mr. Pridgeon for his time. #2 APPROVAL OF MINUTES: Special Workshop Session 12-01-99 Regular Session 12-07-99 Special Workshop Session 12-15-99 . -108- . Mrs. Jarman requested that for the minutes of December 1, 1999, Page 3, next to the last paragraph, second sentence, the word ~be omitted and instead the words cities in settina the date of the awards concurrent with the TML Conference be added. Mrs. Jarman then requested that on page 10, minutes of December 7, 1999, first paragraph under Items by Council, under her name, last sentence, after the word covered, the words by some Board members be added. Also, on page 16, minutes of December 15, 1999, Mrs. Jarman requested that in the next to last paragraph, the words at the Animal Control facility be added after the word system. Mr. Greenwald moved to approve the minutes, as amended, for the Special Workshop Session of 12-1-99, the Regular Session of 12-7-99 and the Special Workshop Session of 12-15-99. Mr. Williams seconded the motion, which carried with the following votes. AYES: Councilmembers Jarman, Potempa, Agee, Williams and Greenwald. NAYS: None. . #3 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. Arnold Zwicke, Republican candidate for Sheriff, told the Council and members of the audience some facts about himself and why they should vote for him. Travis Payne, candidate for Constable of Precinct 3, also gave a similar presentation. Mayor Baldwin wished both candidates good luck in the upcoming election. George Mower of 501 Brooks Avenue stated it's been 16 months since the flood and Council has the power to engage an alarm system. People are crying for an air raid siren system and the City has an air raid siren left over from World War 2. Could a notice be put on the water bills about the emergency air raid system? . Speaking of the water bills, Mr. Mower commented they are still not forthcoming. He understands the City hired an expert and he messed up. Mr. Sweatt informed everyone Cycle 1 and the two MUD cycles were either in the mail today or will go out tomorrow morning. They intend to have the rest of the cycles mailed by the end of the month. They should be caught up by the end of March. Mayor Baldwin asked if people had been coming in and paying even though they didn't get a bill and Mr. Sweatt replied yes. -109- . #4 ORDINANCE: Consider and take action on final reading of Ordinance establishing parking regulations on FM 78 public parking lots. Mayor Baldwin introduced an Ordinance and read the caption as follows: ORDINANCE NO. 00-D-5 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING CHAPTER 18, TRAFFIC, ARTICLE II, OPERATION OF VEHICLES GENERALLY, BY ADDING SECTION 18-49, PARKING REGULATIONS ON FM 78 PUBLIC PARKING LOTS; PROVIDING A PENALTY CLAUSE; AND PROVIDING A REPEALING CLAUSE. Mr. Sweatt advised these regulation provide for a 24 hour-a-day, two hour parking restriction. These parking lots deal with parking lost through the widening of FM 78. As soon as they are paved, signage will go up. Mayor Baldwin asked about the time frame for completing the project and Mr. Sweatt replied approximately 45 days. . Mrs. Jarman moved to approve the final reading of an Ordinance establishing parking regulations on FM 78 public parking lots. Mr. Potempa seconded the motion, which carried with the following votes: AYES: Councilmembers Jarman, Potempa, Agee, Williams and Greenwald. NAYS: None. #5 PUBLIC HEARING To receive citizen comments on the proposed annexation of 16.616 acres of land out of Comal County (ComalISD property). Mayor Baldwin explained the procedures to be followed for the public hearing. Mr. Sweatt related this proposed annexation is a request by the Coma I ISD for the purpose of obtaining sewer service to the elementary school campus. A representative of the school district, Roy Linnartz, is present this evening. The Resolution outlining the schedule for the required public hearings and their times was passed by Council on January 18, 2000. Mr. Sweatt then pointed out the location of the proposed annexation on the map. He stated 5 (five) notices were sent to property owners within the required distance and 2 (two) were returned opposed to the annexation. The second public hearing on this annexation will be held March 7, 2000. . -110- e Mayor Baldwin inquired if the school is now on a septic tank system and Mr. Sweatt replied yes. Mr. Linnartz informed Council the Comal ISD is growing rapidly. They recognized the need to expand during the last bond election and purchased property with that in mind. They plan to double the campus by addirlQ 26 classrooms. They feel it is advantageous to tie onto the sewer system. Mayor Baldwin asked if there's any possibility the school district is in the New Braunfels ET J. Mr. Sweatt replied no. Mr. Linnartz commented they had approached New Braunfels, but it became clear that Schertz was the correct entity . Mrs. Agee asked how many students are at the school presently and Mr. Linnartz answered between 500 and 600. They are projecting growth to approximately 800. Mrs. Agee then asked what they would do if the annexation does not pass. Mr. Linnartz replied they would have to bite the bullet and build a new school. Mrs. Agee then verified they would go ahead with a new school even if they were not annexed. Mr. Linnartz stated that's correct - they have no choice. They would have to go to the TNRCC for permits for more septic tanks. Mr. Greenwald commented the point is well taken that septic tanks are not the way to go. . George Mower remarked it is a bad idea for the City of Schertz to undertake this annexation. The City will get a school, but no new taxes. There have been nine bomb threats in that school district lately. They will wear out their vehicles traveling between here and there if they need police service. The City has long had a policy which he abhors - people in the ET J are charged double for water. Are we charging double for sewer? This is a no win situation for the citizens of the City of Schertz. Mr. Potempa asked how many bomb threats there have been and Mr. Linnartz replied none. Mrs. Agee pointed out the students in this school are grades K through 6. Mayor Baldwin reviewed the annexation schedule saying the second public hearing is scheduled for March 7th, the first reading of the Ordinance to annex is scheduled for March 21st, and the final reading of the Ordinance to annex is scheduled for April 4th. There being no further questions or comments, he then closed the public hearing. #6 PUBLIC HEARING: To receive citizen comments regarding submission of a Disaster Recovery Initiative application to Texas Community Development Program. . -111- . Mayor Baldwin once again explained the procedures to be followed for the public hearing. Mr. Sweatt explained the purpose of the application is to solicit funds totaling $88,265 from the Texas Department of Housing and Community Affairs, which represents 25% of the estimated cost for acquisition and clearing of the 107 Zuehl property, the 100 FM 78 property, and the Scout Hut property. We have received notification of a Department of Emergency Management grant representing 75% of the estimated cost and if this grant is approved, we will be required to contribute up to $40,000 in cash or through in-kind services. There being no questions or comments, Mayor Baldwin closed the public hearing at this time. #7 RESOLUTION: Consider and take action on a Resolution authorizing the submission of a Texas Community Development Program application to the Texas Department of Housing and Community Affairs for Disaster Recovery Initiative Funds. Mayor Baldwin introduced a Resolution and read the caption as follows: RESOLUTION NO. OO-R-5 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, AUTHORIZING THE SUBMISSION OF A TEXAS COMMUNITY DEVELOPMENT PROGRAM APPLICATION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR DISASTER RECOVERY INITIATIVE FUNDS, AND AUTHORIZING THE CITY MANAGER TO ACT AS THE CITY'S EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE COMMUNITY DEVELOPMENT PROGRAM. Mr. Greenwald moved to approve the Resolution authorizing the submission of a Texas Community Development Program application to the Texas Department of Housing and Community Affairs for Disaster Recover Initiative Funds, and authorizing the City Manager to act as the City's Executive Officer and authorized representative in all matters pertaining to the City's participation in the Community Development Program. Mrs. Agee seconded the motion, which carried with the following votes: AYES: Council members Jarman, Potempa, Agee, Williams and Greenwald. NAYS: None. . #8 BID AWARD: Consider and take action awarding bid for paging equipment and services. -112- . Mr. Sweatt advised the City had solicited bids and four were received. Tabulations were furnished in the Council packets. After review, it is recommended the bid be awarded to the second lowest bidder,MobileComm, in the amount of $9,745.20 per year. Page net was the lowest bidder, but the City has had continuous problems with them over their billing procedures. Mr. Potempa moved to eliminate 36 pagers and use the $3000 they would be saving someplace else. Mayor Baldwin explained to Mr. Potempa how they are not really saving $3000 per year. There was quite a lengthy discussion about why the City needs so many pagers (especially nationwide pagers), about how the money could be better spent someplace else, about the number of employees and how many should be eligible for pagers, and about why telephone calls can't be made instead (especially with the new telephone system). . After explanations by Mr. Sweatt and Juan Guerrero, SAFES EMS Director, that only key people receive the pagers, that it is necessary to have nationwide pagers in case of disasters such as the recent floods, and that telephone calls tax the dispatchers and tie up the lines when an emergency occurs (like a water main break), Council seemed convinced of the need. Mr. Potempa withdrew his motion. Mr. Greenwald moved to award the bid for paging equipment and services to MobileComm in the amount of $9745.20 annually. Mrs. Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Jarman, Potempa, Agee, Williams and Greenwald. NAYS: None. #9 APPOINTMENT: Consider and take action regarding appointment to Board of Adjustment. Mr. Potempa moved to appoint James Harden as an alternate to the Board of Adjustment for a term of two years. Mrs. Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Jarman, Potempa, Agee, Williams and Greenwald. NAYS: None. . #10 JOINT AGREEMENT: Consider and take action regarding Joint Agreement of General Elections for May 6, 2000. -113- . Mr. Greenwald moved to approve the Joint Agreement of General Elections for May 6, 2000. Mrs. Jarman seconded the motion, which carried with the following votes: AYES: Councilmembers Jarman, Potempa, Williams and Greenwald. NAYS: None. ABSTENTIONS: Councilmember Agee. #11 CITY MANAGER'S REPORT . Stated, regarding the water bills, a number of cycles have been mailed and they hope to have everything on schedule by the end of March. . Related it appears the Tri-County lift station project will make it. They have talked to all the possible participants who have until February 23rd to get their money in. #12 ITEMS BY COUNCIL Mrs. Jarman: . . Mentioned that this Saturday, February 19th, at HEB in Schertz she will be conducting a program for children on canine safety. The times are 12:30 p.m., 1 :30 p.m., 2:30 p.m. and 3:30 p.m. She has done this at Schertz Elementary and it is appalling how many children don't know how to approach dogs. At the same time, the Humane Society will offer adoptable dogs. Also, starting Monday the 28th of February, and for an additional 6 weeks, she will be conducting dog training classes. There will be signs posted and anyone who wants additional information may give her a call. Mr. Potempa: . Asked if the groundbreaking is still set for tomorrow. Mr. Sweatt replied yes, the Bob Bomer Oldsmobile groundbreaking is set for 2:00 p.m. on IH-35, exit 174. . Reviewed several other upcoming events such as the second annual Area Economic Development Discussion at the Live Oak Civic Center on March 18th, the Audit Committee meeting on February 22nd at City Hall, and the retirement ceremony for Scout Master Harvey Balcer on February 23rd at the Good Shepherd Parish Hall. . -114- . Mr. Greenwald: . . Stated he would like to ask George Mower who all the people are that are crying for an air raid siren. Mr. Potempa noted the last emergency went smoothly and they didn't need a siren. Mr. Sweatt mentioned the City W9uld be recommending a system using the telephone lines in case of emergency. Mr. Williams suggested using the Newsletter to provide information apout emergency systems. Mr. Greenwald felt Mr. Mower is the only one clamoring for the air raid siren. Mayor Baldwin said that's not true, Mr. Gignac also wants one. Mrs. Agee commented they would need a sequencing system. Mr. Williams remarked the Emergency Management people from Co~pus Christi volunteered to help us. Mayor Baldwin emphasized that the Council needs to make a decision. He recommended discussion about it be pla,ced on a workshop agenda. Mr. Potempa suggested it be on the next workshop agenda. Mrs. Agee pointed out they need a plan of action before they can decide yes or no. Upon polling Council about the air raid siren, Mrs. Jarman felt it is obsolete, Mr. Potempa felt it is obsolete, and Mrs. Agee didn't thiflk it would be effective. Mr. Williams stated it is not obsolete. The people by the creek are concerned. If the only times the siren was blown were during a flood, the problem would be solved. Everybody doesn't have cable and he doesn't buy the bit about tying up phone lines. Mr. Greenwald said he halfway agrees. It would be okay to use it only for a flood. For all other emergencies, he thinks it's antique. Mayor Baldwin agreed with Mr. Willi~ms. Mrs. Agee added that if it's designated only for floods, she has no problem. The consensus was that if it's used only for floods, then that would be okaV' . Commented, regarding BVY A, they are in desperate need of more fields. They have no place to practice. They've had a record enrollment this year, with the biggest group being the 5-6 year olds. The need is immediate and long term. Mr. Potempa asked if BVY A uses the high school fields and was told they do. Mayor Baldwin indicated it's time to start thinking about youth programs in the City of Schertz. #13 ITEMS BY MAYOR . Reported he didn't make the trip to Gonzales County and he understands he missed an interesting tour. #14 ADJOURNMENT There being no further business to discuss, Mayor Baldwin adjourned the meeting at 8:35 p.m. . -115- . ATTEST: 7:#~7UJ ~ City Secretary, City of Schertz . . -116-