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ccreg 05-04-1999 . . . REGULAR SESSION OF THE SCHERTZ CITY COUNCIL MAY 4,1999 The Schertz City Council convened in Regular Session on Tuesday, May 4, 1999 at 7:00 p.m. in the Council Chambers of the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Hal Baldwin, presiding; Councilmembers Pia Jarman; Joe Potempa; Timothy Swinney and Ken Greenwald. Absent: Councilmember Norman W. Agee, Sr. 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. Following the Pledge, Reverend Brown from the Resurrection Baptist Church offered a prayer. #1 APPROVAL OF MINUTES: Regular Session Special Workshop Session Special Workshop Session Regular Session Special Workshop Session Regular Session Special Workshop Session 03-02-99 03-1 0-99 03-31-99 04-06-99 04-14-99 04-20-99 04-28-99 Mr. Greenwald moved to approve the minutes, with the amendments to typing errors as listed by the City Secretary, for the Regular Session of 3-2-99, the Special Workshop Session of 3-10-99, the Special Workshop Session of 3-31-99, the Regular Session of 4-6-99, the Special Workshop Session of 4-14-99, the Regular Session of 4-20-99 and the Special Workshop Session of 4-28-99. Mrs. Jarman seconded the motion, which carried with the following votes: AYES: Councilmembers Jarman, Potempa, Swinney and Greenwald. NAYS: None. #2 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. No one had signed up to speak. #3 RESOLUTION: Consider and take action on Resolution regarding air quality issues. -176- Mayor Baldwin introduced a Resolution and read it in its entirety, with the caption being as follows: . RESOLUTION NO. 99-R-4 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ENDORSING THE REGIONAL AIR QUALITY PLANNING POLICIES UNDERTAKEN BY THE AIR IMPROVEMENT RESOURCES COMMITTEE. Mrs. Jarman moved to adopt the resolution regarding air quality issues. Mr. Swinney seconded the motion, which carried with the following votes: AYES: Councilmembers Jarman, Potempa, Swinney and Greenwald. NAYS: None. #4 SIDEWALK VARIANCE: Consider and take action on request for sidewalk variance on FM 3009 for Eckerd Drugstore site. Mr. Sweatt advised the Eckerd Drugstore is proposed to be located at the corner of Woodland Oaks Drive and FM 3009. Under the City subdivision regulations, a sidewalk is required both on Woodland Oaks Drive and on FM 3009. A letter has been received from the engineer representing the developer in which he . requests a variance to the requirement for a sidewalk on FM 3009 because of the drainage ditch and side slopes. He feels it is an unsuitable location for a sidewalk. Mr. Sweatt went on to say they have reviewed the matter with Ed Ford, City Engineer, and he has advised it would be possible, with some design considerations, for the sidewalk to be placed on FM 3009. However, in keeping with the City's present practice of not requiring sidewalks on FM 3009, it is recommended Council consider waiving that portion. However, on the sidewalk that would be required, it is recommended it be brought around the radius of Woodland Oaks and FM 3009 to a point past the traffic signal standard and that the sidewalk and an ADA ramp be placed around that point to correspond with an ADA ramp on the other side of FM 3009 for pedestrian crossing. It is also recommended the sidewalk be a four-foot sidewalk built two foot back behind the curb both on Woodland Oaks Drive and that portion of FM 3009. Mr. Greenwald asked if they're talking four foot on the area past the handicap access and Mr. Sweatt replied no more than four foot. They feel it's important to have that ramp. They will have to work with the engineer to correspond with the drainage ditch. Mr. Greenwald moved to disapprove the request for the sidewalk variance and require that the sidewalk be installed similar to what Ed Ford's drawing calls for - . -177- . coming around the corner past the traffic signal, approximately four feet down, and meeting the ADA requirements. Mr. Swinney seconded the motion. Before the vote, Mayor Baldwin clarified this drawing is not what Eckerd submitted and Mr. Sweatt said that's correct - it's the drawing submitted by Ed Ford. At this time the vote was taken and the motion carried as follows: AYES: Councilmembers Jarman, Potempa, Swinney and Greenwald. NAYS: None. #5 BID AWARD: Consider and take action awarding bid for library renovation work. Mayor Baldwin noted that Librarian Gail Douglas and several members of the Library Board were present at the meeting. He introduced President Margaret Riley, Treasurer Julie Parr and board member Ruth Tienor. . Mr. Sweatt reminded Council they had the bid tabulations in their packet with a letter of recommendation from the architect. Because of questions about funding, they may not do the roofing at this time. It is recommended the bid be awarded to Del Greco Construction as follows: base bid in the amount of $103,915 and alternate #2 for carpet in the amount of $16,615 for a total of $120,615. This would be with the understanding that the bid from Del Greco for the roofing be held firm until June 1, 1999, allowing the City time to resolve the funding questions. Mr. Swinney moved to award the bid for library renovation work to Del Greco Construction in the amount of $120,530 (base bid - $103,915 and alternate #2 - $16,615) with the understanding the roofing bid from Del Greco be held firm until June 1, 1999 allowing the City to pursue other sources of funding for alternate #1. Mr. Greenwald seconded the motion, which carried with the following votes: AYES: CouncilmembersJarman, Potempa, Swinney and Greenwald. NAYS: None. #6 CONTRACT: Consider and take action on contract with Guadalupe County for tax collection services. Mr. Sweatt stated the County has requested Council approve a Resolution as part of the contract. He introduced and read the Resolution, with the caption being as follows: . -178- RESOLUTION NO. 99-R-5 RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH COUNTY OF GUADALUPE FOR COLLECTION OF AD VALOREM TAXES. . Mr. Sweatt then went on to say they feel the proposed contract is beneficial and to the advantage of the City, the SCUC ISD and the County, and they find it acceptable. The City will break even with the postage savings because of some monthly fees, but will benefit from the full services of Evelyn Boggess in other areas. The contract is on a one-year basis unless cancelled by either party and would become effective May 15, 1999. Mr. Greenwald questioned if there's any problem with past due collections and Mr. Sweatt answered the County insists we use their delinquent tax attorney. He is out of Austin and has a good track record. Mr. Greenwald then asked if that creates a problem with the City's delinquent tax attorney and Mr. Sweatt replied no, he understands the situation. Mayor Baldwin observed this wraps up a lingering political problem in this part of Guadalupe County. Mrs. Jarman moved to adopt the Resolution authorizing execution of a contract with the County of Guadalupe for collection of ad valorem taxes. Mr. Potempa seconded the motion, which carried with the following votes: . AYES: Councilmembers Jarman, Potempa, Swinney and Greenwald. NAYS: None. #7 INTERLOCAL AGREEMENT: Consider and take action on Interlocal Agreement with Guadalupe County regarding Maske Road improvements. Mr. Sweatt reminded Council this had been discussed in detail at the workshop last week. The City has coordinated in the past with projects by Guadalupe County and Comal County. Some drainage work would be required on the part of the City. The City's portion of the agreement would be $9442 and then an additional $2500 would be needed, on the City's part, for base and drainage work. Mr. Potempa moved to authorize execution of an Interlocal Agreement with Guadalupe County regarding Maske Road Improvements. This would require $9442 on the part of the City of Schertz as their portion of the Interlocal Agreement. An additional $2500, on the City's part, would be needed for base and drainage work. Mrs. Jarman seconded the motion. . -179- . Before the vote, Mr. Greenwald asked if the $2500 falls within the City's budget for road repair and was assured by Mr. Sweatt it does. At this time the vote was taken and the motion carried as follows: AYES: Councilmembers Jarman, Potempa and Greenwald. NAYS: None. ABSTENTIONS: Council member Swinney. #8 ELECTION RETURNS: A. Canvassing of General Election Returns; and B. Consider and take action on Ordinance canvassing the returns and declaring the results of the City General Election held May 1, 1999, and declaring an emergency. A. Council, declaring that the races for Place #3, Place #4 and Place #5 were complete, canvassed the results of the election. A total of 767 votes were cast in the election. . ~ Mayor Baldwin introduced an ordinance and read the caption as follows: ORDINANCE NO. 99-T-10 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE CITY GENERAL ELECTION HELD IN SAID CITY ON THE FIRST DAY OF MAY, 1999, AND DECLARING AN EMERGENCY. Mayor Baldwin reviewed the votes cast and declared the winners. For Place #3, Norman Agee, Sr. received 571 votes and was declared the winner. For Place #4, Glyn D. Williams received 513 votes and George E. Mower received 240 votes. Mr. Williams was declared the winner. For Place #5, Ken Greenwald received 581 votes and was declared the winner. Mr. Potempa moved to approve the Ordinance canvassing the returns and declaring the results of the City General Election held May 1, 1999, and declaring an emergency. Mr. Swinney seconded the motion, which carried with the following votes: . -180- AYES: Council members Jarman, Potempa and Swinney. . NAYS: None. ABSTENTIONS: Councilmember Greenwald. Mayor Baldwin congratulated all the winners present. (Mr. Agee was unable to attend due to being ill and in the hospital.) #9 APPOINTMENT OF MAYOR PRO-TEM: Consider and take action appointing a Mayor Pro-Tern. Mayor Baldwin explained the City has a rotation policy and regardless if a Council member is newly elected, that Council member, if in the next line of rotation, would be appointed the Mayor Pro-Tern. The appointment at this time is scheduled to go to Mr. Potempa. The consensus of Council was to appoint Mr. Potempa the new Mayor Pro-Tern for a six-month period of time. Mayor Baldwin then asked Mr. Sweatt for a report on Mr. Agee. Mr. Sweatt indicated Mr. Agee had been quite critical last week - he had a lung collapse. He is now off the respirator and breathing on his own, however, there is still a tube inserted. Hopefully, things are on the upswing. #10 SWEARING IN OF COUNCILMEMBERS AND MAYOR PRO-TEM . Mayor Baldwin swore in Councilmembers Glyn Williams and Ken Greenwald and Mayor Pro-Tern Joe Potempa. He then wished Tim Swinney farewell. Mr. Swinney said it had been a pleasure. #11 CITY MANAGER'S REPORT · Clarified a question brought up last week at the workshop about a starting date for the widening of FM 78 and stated they still think it will begin in June. #12 ITEMS BY COUNCIL Mr. Potempa: · Reported attending the TIF meeting last night and said he would give Council a briefing at the workshop next week. · Inquired how the A-T walk went and was told they had a good turnout. . -181- . Mr. Williams: . Commented he is looking forward to working with everyone. He has talked to people about a couple of things and is ready to go. #13 ITEMS BY MAYOR: Welcomed Mr. Williams as a Council member and remarked he is looking forward to working with him. #14 ADJOURNMENT There being no further business to discuss, Mayor Baldwin adjourned the meeting at 7:44 p.m. t1-e~ Mayor, City of Schertz, Texas . ATTEST: ~~ City Secretary, City of Schertz . -182-