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:
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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
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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.
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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.
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