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