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ccreg 02-10-1992 ... J. .L REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 18, 1992 The Schertz City Council convened in Regular Session, Tuesday, February 18, 1992 at 6:45 p.m. in the Council Chambers of the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Earl W. Sawyer, presidingi Joe Potempa; Barbara Stanhope; Mary Marsh and Ken Greenwald. Absent: Hal Baldwin. Staff present were City Manager Kerry Sweatt and City Secretary June Krause. #1 PRESENTATIONS: Mayor and Chief of Police to present Certificates of Completion for those attending the Citizen's Police Academy. Chief Agee expressed his extreme pleasure to present Certificates to the First Citizen's Police Academy in Schertz. He advised that 27 enrolled and 27 finished. He then showed a beautiful plaque the citizens had presented the Police Department for having the academy. He then asked Mayor Sawyer to help Lieutenant Starr in handing out the certificates as he called off the names as follows: Jim Aycock, Gerald Ayotte, Jeanne Ayotte, David Barker, Betty Cuevas, Mack Damiano, James Detey, Pamela Harris, Paul Frank Jones, Debbi Kline, Steve Kline, Donald Lauer, Rose Lauer, Alice Marks, Jamie Mitchem, Elizabeth Mueller, Kim Potempa, Bernard Rognier, Peggy Rouse, Jim Silvers, Jacky Stade, Cecilia Street, Lewis Street, Dr. Frank Vollbrecht, Nanette WalkingStick, Harvey Wingfield and Michael Wingfield. Mayor Sawyer then presented a Certificate of Appreciation to Chief Norman Agee Senior. He thanked Chief Agee for all his time and effort in putting together the Citizen's Academy. After a short recess, Mayor Sawyer called the meeting back to order and asked everyone to join him in the Pledge of Allegiance. #2 PUBLIC HEARING: Mayor Sawyer opened the hearing at 7:00 p.m. to receive views of the regarding a proposed cable television franchise with Communications Inc. public public Excel Mr. Kevin Dawson of Excel said it was a pleasure to be at what is a very big night for Excel Communications; and thanked Council for giving them the opportunity. He added that they look forward to a long and positive arrangement with the City. He expressed special thanks to Mr. Sweatt in helping to come up with a fine document for both. Mr. Dawson said Excel supports the Senate Bill under discussion because it is pro competition/pro consumer. He added that even with the competition, they felt they could be successful in this area. He promised to keep everyone advised on their construction progress because they are 112 " \ excited and are ready to get started. He said that now that this franchise is approved, they felt confident the other cities would follow suit and they are looking forward to completion in two years. Mr. Gangwer, president of Excel, said they look forward to becoming a part of the Metrocom area. They came to this area because it is a growing area. One gentleman asked what did Excel envision or what type local public access program did they plan. Mr. Gangwer said that is where Excel is going to strategic competitive advantage with this being a system. The will cover local access, religious business access to promote the metrocom and will studio in the metrocom. get a metrocom access, have a Another gentleman asked if, because of the low density in the area in back of Randolph, do they have any plans to put cable out there. Mr. Gangwer advised they will looking at this and see if they can furnish cable to the area - he said if it is feasible, they will do it. Mayor Sawyer asked if there was anyone from Paragon Cable that wished to speak. There was no one. Mr. Sweatt advised that there was one small addition to the agreement recommended by the City Attorney under Section 4 - add "upon the direction of the City, the grantee will remove its cables and all other fixtures described in Section 3." Mayor Sawyer then introduced an ordinance and read the caption as follows: ORDINANCE NO. 92-F-4 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, GRANTING A FRANCHISE TO EXCEL COMMUNICATIONS GROUP, INC. TO CONSTRUCT AND OPERATE A CABLE TELEVISION SYSTEM WITHIN THE CITY OF SCHERTZ, TEXAS. Mr. Potempa moved to approve the final consideration of an ordinance granting a franchise to Excel Communications Group, Inc. Mrs. Marsh seconded the motion, which carried with the following vote: AYES: Councilmembers, Potempa, Stanhope, Marsh and Greenwald NAYS: None I I -~ - ~..~~ Mayor Sawyer told the Excel Group the City can for them to get started. He said the City competition for a very long time. Mayor Sawyer Excel people to come back at any time. Mr. Gangwer thanked everyone again and, as president of the company, said they would put in many hours to be good corporate citizens. He thanked Council for allowing them to come into our city and felt sure time would prove that they are hard working people and that they honor the money each family brings home in this economy and they would keep their prices as low as they possible could. hardly wait has wanted welcomed the The public hearing was closed at 7:12 p.m. #3 PUBLIC HEARING: The City Council to receive views of the public regarding the proposed annexation of three tracts of land our of Gaudalupe County containing approximately 250.96 acres. Mayor Sawyer reminded everyone that at the last public hearing Mr. Riedel send a letter, saying he had no opposition to the annexation. The other main property owner did not comment. There being no questions from Councilor the audience, Mayor Sawyer closed the public hearing at 7:13 p.m. #4 APPROVAL OF MINUTES: A. B. C. Regular Meeting 1-21-92. special Meeting 1-29-92 Regular Meeting 2-4-92 Mrs. Stanhope corrected the name under item #7 (2) minutes of January 29th from Mary to correctly read Stewart. in the "Jean" Mrs. Marsh corrected the name under item #7 of minutes in the third paragraph of (1) to corrected "Veryl Brown". these read Mr. Greenwald asked that the same minutes, under Item last paragraph correctly read: "Advised that Basketball closing ceremonies would be on March 7". #7, BVYA Mrs. Stanhope moved to approve the minutes of Meetings of 1-21 and 2-4-92 and the Special 1-29-92 as corrected. Mr. Potempa seconded which carried as follows: the Regular Meeting of the motion, AYES: Councilmembers Potempa, Stanhope, Marsh ~nd Greenwald NAYS: None ABSTAINING: Mrs. Marsh for the minutes of 1-21-92. #5 HEARING OF RESIDENTS: none 1.14 #6 ORDINANCE: Consider and take action on the final reading of an ordinance amending the Plumbing Code. Mayor Sawyer introduced an ordinance and read the caption as follows: ORDINANCE NO. 92-C-5 AN ORDINANCE PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS BE AMENDED BY ADDING TO CHAPTER 5, ARTICLE IV, PLUMBING, SECTIONS 5-47 ADOPTION OF THE MANUAL OF CROSS-CONNECTION GENERAL POLICY, 5-49 BACKFLOW PROTECTION FOR WATER HAULING EQUIPMENT AND/OR MIXING TANKS, 5-10 INDOOR PLUMBING FIXTURES AND INSULATION OF EXPOSED HOT WATER PIPING; AND PROVIDING A REPEALING CLAUSE. Mr. Greenwald moved to approve the final consideration of an ordinance amending the Plumbing Code regarding backflow protection and water saving fixtures. Mr. Potempa seconded the motion, which carried with the fOllowing vote: AYES: Councilmembers Potempa, Stanhope, Marsh and Greenwald NAYS: None #7 ORDINANCE: Consider and take action, as an emergency measure, on an ordinance calling an election for May 2, 1992. Mrs. Stanhope moved to pass an ordinance as, an emergency measure, calling an election for May 2, 1992. Mrs. Marsh seconded the motion, which carried as follows: AYES: Councilmembers Potempa, Stanhope, Marsh and Greenwald NAYS: None #8 CITY MANAGER'S REPORT: He reminded Council of the Saturday, March 14th TML Region 7 meeting in SegUin, saYing it does conflict with the Business Club's 50s Dance. #9 the 50s 1992 at fireworks ITEMS BY COUNCIL: Mrs. Marsh referred again to Party sponsored by the Business Club on March 14, the VFW, adding the proceeds will go toward the for the 4th of JUly Jubilee. Mr. Greenwald announced the BVYA Baseball/softball opening will be April 4th at 9:00 am and they have confirmation for the Texas State South Zone Tournament in July. #10 ITEMS BY MAYOR: He announced that he had filed for Mayor again and that Mr. Potempa had filed for Place 1 and Mr. Baldwin for Place 2 on the Council. I I I r -~ 115 #11 ADJOURNMENT: Mrs. Marsh moved the meeting be adjourned at 7:20 pm, with Mr. Potempa seconding the motion, which carried unanimously. ATTEST: