ccreg 02-15-2000
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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
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. 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?
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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.
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#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.
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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.
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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.
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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.
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#8 BID AWARD: Consider and take action awarding bid for paging equipment
and services.
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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).
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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.
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#10 JOINT AGREEMENT: Consider and take action regarding Joint
Agreement of General Elections for May 6, 2000.
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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:
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. 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.
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Mr. Greenwald:
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. 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.
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ATTEST:
7:#~7UJ ~
City Secretary, City of Schertz
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