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ccreg 08-15-2000 . REGULAR SESSION OF THE SCHERTZ CITY COUNCIL AUGUST 15, 2000 The Schertz City Council convened in Regular Session on Tuesday, August 15,2000 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 Norma Head; Joe Potempa; Reginna Agee; Glyn D. Williams and Ken Greenwald. Staff present were Interim City Manager Steve Simonson and City Secretary Norma Althouse. Mayor Baldwin welcomed everyone and asked them to rise and join him in the Pledge of Allegiance to the Flag. #1 HEARING OF RESIDENTS Tim Fetter of 2508 Kline Circle had signed up, but Mayor Baldwin assumed he had signed up to speak at the public hearing and that was a correct assumption. Mr. Fetter indicated he would speak during the public hearing portion of the agenda. #2 SWEARING IN OF MAYOR PRO- TEM . Mayor Baldwin swore in Glyn Williams as Mayor Pro-Tern. #3 PUBLIC HEARING: To receive citizen comments regarding request from Tim and Sheila Fetter to rezone approximately 3.5 acres from Neighborhood Services (NS) to Single-Family Residential Dwelling District - 80' x 120' lots (R-l). Mayor Baldwin explained the procedures to be followed for the public hearing. Mr. Simonson reported that eleven letters had been sent to property owners within the required distance and none had been returned. The property is located on Ashley Oaks and this rezoning would turn the rest of the commercial property into seven large lots of upscale housing. Mr. Fetter added the lots would be approximately 90' x 244' in size and would be heavily treed. There being no further comments or questions, Mayor Baldwin closed the public hearing at this time. #4 ORDINANCE: Consider and take action on first reading of Ordinance regarding rezoning of approximately 3.5 acres from NS to R -1. Mayor Baldwin introduced an Ordinance and read the caption as follows: . 272 e AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE UNIFIED DEVELOPMENT CODE (UDC) ORDINANCE NO. 96-S-28 BY REWNING APPROXIMATELY 3.5 ACRES OUT OF GUADALUPE COUNTY AND REFLECTING SUCH CHANGES ON CERTAIN ZONING MAPS IN ACCORDANCE WITH THE SCHERTZ UDC ORDINANCE. Mr. Greenwald moved to approve the first reading of an Ordinance regarding the rezoning of approximately 3.5 acres from NS to R-l. Mr. Williams seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Potempa, Agee, Williams and Greenwald. NAYS: None. #5 ORDINANCE Consider and take action on final reading of Ordinance regarding Franchise Agreement with Grande Communications, Inc. . Michael Spain, City Attorney, explained this is the second reading. The first reading was on July 12, 2000. There were a few requested changes as a result of the last discussion. There are three remaining points open. They are local programming, poles and whether or not the lines would be underground. Mayor Baldwin commented they have never used the opportunity to use local programming, although they could. Mr. Spain mentioned local programming should be originated each week or to the extent required by law. Mr. Paul Lewis of Gr~de Communications admitted the problem was it looked like the burden was on them to provide a facility. Mayor Baldwin asked if a facility is available and Mr. Lewis replied yes and the same thing is available from Western Integrated. Tina Mason of Western Integrated stated they could produce a program on any local organization. Mr. Spain commented that actually, local programming is required every week, but they haven't been doing it. It seems Council agrees local programming is a good idea. Mr. Spain then remarked the ordinance puts the burden on the franchisee to secure pole agreements. Mr. Williams inquired if they know whom those agreements would be with. Mr. Lewis stated they already have agreements with Southwestern Bell and CPS. Ms. Mason acknowledged they have the same agreements. Mr. Spain noted if they already have arrangements, the he suggests leaving the agreement as is. In regard to underground lines, Mr. Spain advised that buried lines are required only when the existing cable lines are buried. Ms. Mason added the general rule is if the electric lines are underground, then the cable lines are also. . Mr. Spain remarked those were the only three item in question, otherwise the ordinances are ready. 273 . Due to a conflict of interest, Mayor Baldwin had Mayor Pro-Tern Williams preside over the meeting at this time for the readings of the captions and the votes. ORDINANCE NO. 00-F-19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, ESTABLISHING A FRANCHISE AGREEMENT WITH GRANDE COMMUNICATIONS, INC. FOR CABLE TELEVISION AND OTHER SERVICES; PROVIDING THE TERMS AND CONDITIONS UNDER WHICH THE FACILITIES OF GRANDE COMMUNICATIONS, INC. WILL BE INSTALLED, OPERATED AND MAINTAINED; ESTABLISHING A TERM FOR THE FRANCmSE; AND ESTABLISHING AN EFFECTIVE DATE. Mrs. Agee moved to approve the final reading of an Ordinance regarding Franchise Agreement with Grande Communications, Inc. with the stated change to 8B regarding pole contracts. Mr. Potempa seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Potempa, Agee, Williams and Greenwald. NAYS: None. . #6 ORDINANCE: Consider and take action on final reading of Ordinance regarding Franchise Agreement with Western Integrated Networks of Texas Operating L.P. Mr. Spain commented the same discussion and changes would apply to Item #6, Franchise Agreement with Western Integrated Networks of Texas Operating L.P. Mayor Pro-Tern Williams introduced an Ordinance and read the caption as follows: ORDINANCE NO. 00-F-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, ESTABLISHING A FRANCHISE AGREEMENT WITH WESTERN INTEGRATED NETWORKS OF TEXAS OPERATING L.P. FOR CABLE TELEVISION AND OTHER SERVICES; PROVIDING THE TERMS AND CONDITIONS UNDER WHICH THE FACILITIES OF WESTERN INTEGRATED NETWORKS OF TEXAS OPERATING L.P. WILL BE INSTALLED, OPERATED AND MAINTAINED; ESTABLISHING A TERM FOR THE FRANCHISE; AND ESTABLISHING AN EFFECTIVE DATE. . Mrs. Agee moved to approved the final reading of an Ordinance regarding Franchise Agreement with Western Integrated Networks of Texas Operating L.P. with the stated 274 . change to 8B regarding pole contracts. Mr. Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Potempa, Agee, Williams and Greenwald. NAYS: None. Mr. Spain related he would make the change to 8B and then the Ordinances need to be signed by the City and by the Franchisee. Mayor Baldwin returned at this time to preside over the meeting. #7 ORDINANCE: Consider and take action on first reading of Ordinance designating a Three-Way Stop at Woodland Oaks Drive and Wild Cherry. 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 OF THE CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING SECTION 18-49, THREE-WAY STOPS; AND PROVIDING A REPEALING CLAUSE. Mr. Williams moved to approve the first reading of an Ordinance designating a Three- Way Stop at Woodland Oaks Drive and Wild Cherry. Mr. Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Potempa, Agee, Williams and Greenwald. NAYS: None. #8 RESOLUTION: Consider and take action on Resolution in support of a 20 mph school zone at the intersection of Ashley Oak Drive, north on Schertz Parkway, to 300 feet north of Savannah Drive. Mayor Baldwin introduced a Resolution and read the caption as follows: RESOLUTION NO. 00-R-16 IN SUPPORT OF AND URGING THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS TO APPROVE A 20- MPH SCHOOL WNE AT THE INTERSECTION OF ASHLEY OAK DRIVE, NORTH ON SCHERTZ PARKWAY, TO 300 FEET NORTH OF SAVANNAH DRIVE. . 275 . Mr. Greenwald moved to approve the Resolution in support of a 20-mph school zone at the intersection of Ashley Oak Drive, north on Schertz Parkway, to 300 feet north of Savannah Drive. Mr. Potempa seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Potempa, Agee, Williams and Greenwald. AYES: None. #9 BID AWARD: Consider and take action awarding bid for Audit. Mr. Simonson related the Committee members which included him, Mark Marquez and Vijay Jain reviewed the bids received are recommending the bid be awarded to Armstrong, Vaughan & Associates in the amount of $70,920. The contract would be for the next three years, with an option of two one-year extensions. Mrs. Agee moved to award the bid for Audit to Armstrong, Vaughan & Associates in the amount of $70,920. The contract would be for the next three years, with an option of two one-year extensions. Mr. Potempa seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Potempa, Agee, Williams and Greenwald. . NAYS: None. #10 Consider and take action awarding bid for service trucks for Public Works Department. Mr. Greenwald moved to award the bid for two 3500 HD GM Chassis with Crew Cab Trucks to Rush Truck Center in the amount of $62, 116. Mrs. Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Potempa, Agee, Williams and Greenwald. NAYS: None. #11 APPOINTMENT: Consider and take action regarding appointment to Schertz Parkway Zone Board. Mr. Potempa moved to appoint Chuck Sharpe and Christy Shriver to the Schertz Parkway Zone Board. Mr. Sharpe's term expires on December 31, 2001. Ms. Shriver's term expires on December 31, 2000. Mr. Greenwald seconded the motion, which carried with the following votes: . 276 . AYES: Councilmembers Head, Potempa, Agee, Williams and Greenwald. NAYS: None. #12 Discuss water billing matters. Mr. Simonson stated they want a letter to go out explaining how they assess penalties and it isn't quite ready yet. It should be ready to go out shortly. #13 CITY MANAGER'S REPORT . Verified they declared Stage II Water Restrictions today. That message will go up on signs around the City and on the web site. Construction of swimming pools will have to be put on hold. . . Related they will be going out for RFP's for a firm to do an Executive Search for a City Manager. Copies of a sample of their RFP were distributed to Council. Mayor Baldwin commented they had notified several companies and asked them to send us samples of their RFP's. Obviously the price will exceed $15,000. Mr. Spain's advice is to go out for bids. Mr. Potempa pointed out that in the meantime, Mr. Simonson is doing an outstanding job. Mr. Spain said once it's in the newspaper, and depending on the response, they may be able to take some kind of action in the early part of September. #14 ITEMS BY COUNCIL Mr. Potempa: . Reported Waste Management was at it again. At 4:30 a.m. they were picking up trash at La Pasadita. The ordinance states they are not to pick up trash before 7 :00 a.m. Mr. Greenwald: . Mentioned that in Friday's Express-News they were accused of overdrawing their water allocation from the Edwards by 29%. They didn't overdraw. Mr. Simonson stated they were under pump age and Mr. Bierschwale will be putting reports together so everyone can see where we are. #15 ITEMS BY MAYOR . Reported attending a Ribbon Cutting this morning at both Sonic and Walgreen's. Mrs. Agee asked if Walgreen's message sign is legal and was told it is. . . Announced the Grand Opening for Cal-Tex will be this Saturday, September 19th, at 1 :00 p.m. There will be a tour and refreshments for those interested in attending. 277 . At this time Council took a short break. #16 BUDGET WORKSHOP Mr. Williams complained that the figures presented don't match the mid-year budget adjustments. Comptroller, Vijay Jain, explained that from mid-year to now, $11,000 did not show up. Revenues came in under the amended budget. Mr. Potempa requested that the budget pages be numbered. It is much easier to follow and to replace pages when they are numbered. Mr. Potempa then asked if the lawyers can't look at the contract with Brady LeBlanc (Brice Systems). Mayor Baldwin replied that can be done if that's what Council wishes. Mr. Simonson commented they could look at the alternatives to having a contract with Brice Systems, bring back suggestions and keep Council up-to-date. Mrs. Agee asked if the City hasn't grown enough that they need someone in house with expertise regarding the computer system. Mayor Baldwin pointed out these concerns are not really part of the budget and should be discussed at a future workshop. . At this time Council reviewed the budgets and talked to the department heads for Department 50 - City Council, Department 51 - City Manager, Department 52 - Municipal Court, Department 53 - Business Office, Department 54 - Planning, Department 56 - Police, Department 58 - Inspection, Department 61 - Facility Maintenance, Department 64 - City Secretary, Department 65 - Library, Department 66 - Management Services and Department 68 - Finance. Department 55, Legal, and Department 67, Non-Departmental were touched on briefly. Neither has an actual department head. Mr. Potempa expressed his appreciation for all the department heads coming to the meeting. Mr. Simonson took some time to explain to Council the FEMA and other grant funds acquired by the City. He then reminded Council they have the health benefit package for the employees coming up and will need to take action on it. Both Mr. Potempa and Mr. Williams indicated they would not be able to attend a Budget Workshop on August 23rd. As a result of that, a Regular Session to act on the health benefits package was scheduled for August 22nd at 5:00 p.rn. in the Conference Roorn. There was a brief discussion about further Budget Workshops and it was decided to hold one on August 29th beginning at 6:00 p.m. in the Conference Room and to hold one following the regular workshop scheduled for August 30th. The regular workshop would stay at the regular time of7:00 p.m. #17 ADJOURNMENT . There being no further business to discuss, Mayor Baldwin adjourned the meeting at 10:03 p.m. 278 . a&~ Mayor, City of Schertz, Texas ATTEST: ~~ City Secretary, City of Schertz . . 279