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ccswks 05-11-1994 .!44 SPECIAL MEETING OF THE CITY COUNCIL MAY 11, 1994 The Schertz City Council convened in Special Session Wednesday, May 11, 1994 at 7:00 p.m. in the Conference Room of the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas. The followinq members were present: Mayor Pro Tem Joe Potempa, presidingj Hal Baldwin; Barbara Stanhope and Ken Greenwald. Absent: Mayor Earl W. Sawyer and Mary Marsh. Staff present were City Manager Kerry Sweatt and City Secretary June Krause. fl.! HEARING OF RESIDENTS: A. Mr. Jerry Graham referred to an article in the Northeast Sun, and asked if there was an error when they referred to the City awarding utility contracts to the Rittimann Addition. Mr. Sweatt said it was in error, it should have referred to the Mobile Villa Subdivision. B. Coralee Fenner reserved time for item No.9. 12 Discuss final consideration of an repealing Schertz Parkway Platting Ordinance No. ordinance 87-5-22. As this item has been discuss at several meetings, Mayor Pro-Tem Potempa obtained verbal agreement that Council would be ready to act on this item at the next meetinq. fl.3 ORDINANCE: Mayor Pro-Tem Potempa introduced an ordinance and read the caption as follows: ORDINANCE NO. 94-E-11 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE CITY OFFICERS ELECTION HELD IN SAID CITY ON THE SEVENTH DAY OF MAY, 1994, AND DECLARING AN EMERGENCY. Mr. Sweatt agenda items forwarded to swearing in at related that items 3, 4 and 5 are all in order for the candidate statements the Secretary of State's office prior the next meeting. action to be to the At this point, Councilmembers canvassed the election returns of the election held on May 7, 1994. Mr. Greenwald, based on the canvass just completed, moved that Hal Baldwin be declared Mayor with 746 votesj Charles McDonald be declared Councilmember, Place 1 with 579 votes and Joe Potempa be declared Councilmember, Place 2 with 863 votes, with the above ordinance beinq approved as an emergency. Mrs. Stanhope seconded the motion, which carried with the following vote: --/ 145 AYES: Councilmembers Baldwin, Stanhope and Greenwald. NAYS: None fl.4 ORDINANCE: Mayor Pro-Tem Potempa introduced an ordinance and read the caption as follows: ORDINANCE NO. 94-E-12 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS CANVASSING THE RETURNS AND DECLARING THE RESULTS OF A CHARTER AMENDMENT ELECTION HELD IN SAID CITY ON THE 7TH DAY OF MAY, 1994, AND DECLARING AN EMERGENCY. Mr. Potempa read the tabulations as follows: PROPOSITION NO. 1 YES 381 NO 755 PROPOSITION NO. 2 YES 540 NO 597 PROPOSITION NO. 3 YES 604 NO 449 Mr. Greenwald moved to approve the ordinance canvassinq the returns and declaring the results of the City Charter Amendment election and declaring an emergency. Mrs. Stanhope seconded the motion, which carried as follows: AYES: Councilmembers Baldwin, Stanhope and Greenwald NAYS: None fl.5 ORDINANCE: Mayor Pro-Tem Potempa introduced an ordinance and read the caption as follows: ORDINANCE NO. 94-E-13 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF AN ELECTION ON THE PROPOSED SALE OF PARKLAND AND A NON-BINDING REFERENDUM ON A CURBSIDE RECYCLING PROGRAM IN SAID CITY ON THE 7TH DAY OF MAY, 1994; AND DECLARING AN EMERGENCY. Mr. Potempa then read the tabulations as follows: PARKLAND PROPOSITION NO. 1 YES NO 610 507 RECYCLING PROGRAM PROPOSITION NO. 1 YES NO 664 477 .l4t\ Mrs. Stanhope moved to approve the ordinance canvassing the returns and declaring the results of the Referendum election and declaring an emergency. Mr. Baldwin seconded the motion, which carried with the following vote: AYES: Councilmembers Baldwin, Stanhope and Greenwald NAYS: None fl.5 INTERVI!o&~.&.ION: Consider and take action regarding intervention - Southwestern Bell Rate Case. Mr. Sweatt advised that we have been asked by the standing Cities' Steering Committee to review the Southwestern Bell Rate Filing. They have filed a request for a rate increase for certain services, not an overall rate increase but just for local transport and switched access services. The effect will likely be higher access charges to small long-distance carriers and lower access charges to AT&T. The Committee feels it is quite inappropriate to do this at this time on a piece-meal basis. On that basis, the Steering Committee's position is that no change in rates should be made without a full-blown rate study. We, therefore, recommend authorization for the City of Schertz to join with a number of other Texas cities to join in intervention and file a motion with the PUC for a full-blown rate case. Mrs. Stanhope asked what this would cost the City. Mr. Sweatt answered that right now there is not a firm cost, that it is based on the number of subscribers. In the past the cost has run from $1200 to $3000. It is dependent somewhat on the number of cities that intervene. It is felt that the majority of those cities served by Southwestern Bell will do this so the cost will be quite small. If we choose to intervene, our cost would only be committed up to any stage that we might choose to withdraw. Mr. Baldwin said if you look at their earning, as stated in the article entitled "Phone Company Earnings rise 18%", it just seems the only thing to do is join the other cities and try to fight this. Someone has to make some attempt to stop this. Mr. Greenwald said that if this passes, what is to stop them from changing any other rates on a piece-meal basis. If they are going to to it, it should be on a full-blown basis and be justified. Mayor Pro Tem Potempa said he agreed and that we should support this. Mr. Baldwin moved to authorize the City of Schertz to intervene in the PUC rate case. Mrs. Stanhope seconded the motion, which carried with the following vote: 147 AYES: Councilmembers Baldwin, Stanhope and Greenwald NAYS: None fl.7 BID AWARD: Consider and take action on awarding fence material bids. Mr. Sweatt referred to the tabulation sheet enclosed for Council. This is for a fence to be constructed in the park area in cooperation with the BVYA and is the subject of an agreement between the City and BVYA regarding the construction of the fence and the payment of the fence over a period of five years to reimburse the City for the cost of materials for the fence. Bids were received from three different companies. The apparent low bidder is De La Garza Fence & Supply Co. in the amount of $9,442.85. Based on their background and low bid, we recommend awarding the bid to that company. Mr. Potempa mentioned that out of the three bidders, two of them show Schertz addresses. Mr. Greenwald moved to award the bid to De La Garza Fence & Supply in the amount of $9,442.85. Mrs. Stanhope seconded the motion, which carried as follows: AYES: NAYS: Councilmembers Baldwin, Stanhope and Greenwald None #8 Discuss BOA hearing on a request by Tim Huckobey, 1915 FM 1518 for a Special Exception allowing him to locate a septic tank within 50' of a gas easement. Mr. Sweatt advised that this is a request that came as a Board of Adjustment action from the P&Z. The garage is located outside of the easement line. The septic tank drain field was constructed prior to a contact with the Inspection Department regarding replacement. It did meet the requirement of the County Health Department, but was in fact, located in the easement itself. The easement is a Texaco pipe line and they understand the location and have not expressed an objection for it to be in that location. Planning & Zoning have reviewed the matter and are recommending approval. Mr. Sweatt added that the public hearing is set for the next regular meeting. The purpose for this tonight was to furnish any information Council might need or want. Notices were mailed to all property owners within 300' of the request and we have only had one response, which was negative. Council discussed procedures that could take eliminate construction prior to contacting the Department. place to Inspection 148 fl.9 Discuss a Public Hearing on the proposed name change for FM 78 to Johnny Peterson Parkway. Mr. Sweatt recalled that Council of the City of Schertz, as well as other cities along FM 78, received a petition to consider remaining the street. The petition had 1437 signatures of persons living in the area, not necessarily all residents of Schertz. The petition simply stated "We the undersigned do respectfully request that the City Council of Schertz, Cibolo, Converse, Marion and Universal City rename the portion of FM 78 that runs through their city to "John E. Peterson Parkway". It described Mr. Peterson as being an employee of the City of Schertz who lost his life while serving the City of Schertz. He added that in our policy, it calls for any request for a name change to be submitted to the Planning & Zoning Commission, who would review the request and make a recommendation to the City Council. The P&Z has communicated to the Post Office and other entities involved and they have determined that there would not be any conflict. A public hearing was held by the P&Z and a recommendation will be forthcoming. Mrs. Coralee Fenner said they had all been at the P&Z public hearing and there was discussion about naming it "Parkway" or "Boulevard". She said the reason they requested "Parkway" was it sounded better and in Cibolo and Converse, FM 78 runs by parks. She did not think there would be any great disagreement with changing it to boulevard. Mr. Sweatt said he did not believe any discussion has been had in any of the other cities. They are awaiting action by Schertz. Mr. Greenwald said that P&Z would be recommending approval of the name being changed to "John E. Peterson Boulevard". He mentioned that 99 letters were sent out and five were returned in favor of the change and eleven were against. Of all the signatures on the petition, 444 were Schertz residents. Mayor Pro Tem Potempa asked that this be on the next agenda after recognizing that there were several fellow employees and friends of John Peterson present. fl.l0 CITY MANAGER'S REPORT: A. Announced that on May 16 from 2:00 to 4:00 p.m. we would have a come and go visit time with Mayor Sawyer for all those that wished to stop by. This will be at the Library meeting room. B. On May 24 there is scheduled a joint meeting with other cities for an Economic Development Study. The meeting will be at the Live Oak Civic Center and more details will be given at a later date. /' ---' 149 C. All are invited to the Dove Meadow's Grand Opening on May 19th from ll:30 a.m. to l:30 p.m. D. On May 18th at 12:00 noon we will have the Police Memorial Services here in front of the Municipal Building. E. We understand FM 78 is now scheduled in the 1997 TIP program. There is money through the National Highway System that has caused this project to be moved up. This means that we need to convince MPO to move up the companion project, which is the low water crossing. Originally that went as one project, but because of a number of reasons that project was severed. F. On May 25 there will be an AACOG workshop elected officials from 8:00 a.m. to 4:30 p.m. restricted to just newly elected officials. for newly This is not fl.l1 ITEMS BY COUNCIL: Mr. Greenwald: A. The Transportation Study is moving alongj however to get there they had to cut some $23,000,000 out of the planning budget. That is probably why the low water crossing was pulled. He added, that we do need to push for this. Once construction starts and if there is a rain, there will be all kinds of transportation problems for residents, ambulances, etc. Mr. Sweatt said the Department of Transportation, when advised of this, said they could do this work in such a way as to keep FM 78 open. It is hard to believe that they can. B. Attended the Canyon Regional Water Authority meeting on Monday night. The plant is scheduled to start what is called a tracer study around the first week of June. They will start pumping water and running all the test to reach potable water. This is about a two-week process. #12 ITEMS BY MAYOR: A. He attended the TATOO at Randolph Air Force Base and was very impressed. B. them Week. He and Kerry Sweatt went to Autumn Winds and with a proclamation for National Nursing presented Care Home C. He mentioned that according to Council policy the Pro Tem position will now move to Place 2. Mrs. Stanhope said since Mr. Place 2 he should continue perhaps Council should make should be on the Council at named Pro Tem. Potempa is now Councilmember, as Mayor Pro Tem. She said some provision that a member least six months before being Mr. Potempa expressed appreciation for help from one of our officers when he ran out of gas during the night on Schertz Parkway and was taken home. 150 #13 ADJOURNMENT: There being no further the meeting was declared adjourned at 7:55 p.m. Pro Tem Potempa. business, by Mayor MaYO~ !Pepa City of Schertz, Texas ATTEST: r:~ ' Ci~et!rY~ditY of Sehert. ..---/'