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ccreg 11-17-1998 . . . REGULAR SESSION OF THE SCHERTZ CITY COUNCIL NOVEMBER 17,1998 The Schertz City Council convened in Regular Session on Tuesday, November 17,1998 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; Council members Pia Jarman; Joe Potempa; Norman W. Agee, Sr.; Timothy Swinney and Ken Greenwald. 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, an Employee of the Quarter plaque was presented to Shirley Hamm of the Public Works Department for the quarter of January, February and March of 1998. Mrs. Hamm was ill when plaques were presented two weeks ago for other quarters. Mrs. Hamm , in addition to the plaque, is entitled to a free dinner for her and her spouse and a day off with pay approved by her supervisor. #1 APPROVAL OF MINUTES: Regular Session Special Called Session Special Workshop Session 09-15-98 09-23-98 09-30-98 Mr. Greenwald moved to approve the minutes for the Regular Session of 9-15- 98, the Special Called Session of 9-23-98 and the Special Workshop Session of 9-30-98. Mr. Potempa seconded the motion, which carried with the following votes: AYES: Councilmembers Jarman, Potempa, Agee, 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 so speak. #3 APPOINTMENT: Consider and take action appointing a Mayor Pro-Tern. Council agreed the usual six-month rotation basis policy should be followed, and Mrs. Jarman should be appointed Mayor Pro-Tern. -26- . #4 SWEARING IN OF MAYOR PRO-TEM . Mayor Baldwin swore Mrs. Jarman in as Mayor Pro-Tern. #5 Consider and take action setting a public hearing date on a request by Tim Fetter for a Specific Use Pemit. Mr. Sweatt advised Council that Mr. Fetter wants to build a real estate office/residence adjacent to the new Quantum Medical building. The City Secretary has indicated that December 1 st is the first possible date for a public hearing on this request. Mr. Greenwald moved to set December 1, 1998 as the public hearing date on a request by Tim Fetter for a Specific Use Permit. Mr, Swinney seconded the motion, which carried with the following votes: AYES: Council members Jarman, Potempa, Agee, Swinney and Greenwald. NAYS: None. #6 APPOINTMENTS: Consider and take action appointing officers for the Planning and Zoning Commission. Mr. Sweatt related Planning and Zoning has forwarded a recommendation for the appointment of Ernie Evans as Chairman, David Richmond as Vice-Chairman and Keith Van Dine as Secretary of the Planning and Zoning Commission. . Mr. Potempa moved to appoint Ernie Evans as Chairman, David Richmond as Vice-Chairman and Keith Van Dine as Secretary of the Planning and Zoning Commision. Mrs. Jarman seconded the motion, which carried with the following votes: AYES: Councilmembers Jarman, Potempa, Agee, Swinney and Greenwald. NAYS: None. #7 BID AWARD: Consider and take action awarding bids for police vehicles. Mr. Sweatt reported the City had solicited bids for four (4) police vehicles. Chief Smith feels of the ones submitted, Bluebonnet Motors out of New Braunfels is the best qualified. They came in with the next to lowest bid, but because of the convenience of the closeness of picking up the vehicles and having them serviced, he would like to go with their bid of $77,935.00. . -27- . Mr. AQee moved to award the bid for four (4) police vehicles to Bluebonnet Motors in the amount of $77,935.00. Mr. Potempa seconded the motion, which carried with the following votes: AYES: Councilmembers Jarman, Potempa, Agee, Swinney and Greenwald. NAYS: None. #8 LIMITED USE AGREEMENT: Consider and take action on authorizing Limited Use Agreement between Level 3 Communications, LLC and the City of Schertz. . Mr. Sweatt referred Council to a copy of the proposed Limited Use Agreement which had been included in their packets and reviewed it briefly. Level 3 Communications has a place of business in Golden, Colorado. They are desirous of utilizing certain existing public rights-of-way within the City for the purpose of installing fiber optic cable and related facilities on utility poles and underground in and around new conduit. According to the agreement, Level 3 Communications shall have the right to install, construct, repair, maintain, replace, use, operate and remove the facilities in and around new underground conduit and on existing and future utility poles located within Union Pacific Railroad right-of-way. They shall not provide direct telecommunication, cable television, or other services to any property within the corporate limits of the City unless they have first secured a franchise from the City for such purpose. If they desire to offer such services, then the City will consider their request for a telecommunications franchise at that time. Mr. Sweatt went on to say there are additional limitations included in the proposed agreement such as Level 3 Communications being responsible for applying for and receiving from the City any necessary permits and being responsible for securing all necessary authorization from persons or entities whose property may be utilized or affected. Other items covered in the proposed agreement are the City's responsibilites, the terms of the agreement, indemnification, and termination for breach. As consideration for rights granted, Level 3 Communications agrees to pay the City $50.00 for each year of the agreement. Mr. Greenwald moved to authorize a Limited Use Agreement between Level 3 Communications, LLC and the City of Schertz. Mr. Swinney seconded the motion, which carried with the following votes: . -28- AYES: Councilmembers Jarman, Potempa, Agee, Swinney and Greenwald. . NAYS: None. #9 CITY MANAGER'S REPORT · Stated there will be a workshop meeting next week. They had considered the possibility of cancelling it due to it falling on the eve of Thanksgiving, but he feels there are some items that should be discussed by Council. Council was agreeable to that decision. #10 ITEMS BY COUNCIL Mr. Potempa: · Reported his wife seems to be doing better at this time and thanked everyone for their concern. Mr. Swinney: · Commented he is very happy with the progress being made on the installation of the traffic signal at the intersection of FM 3009 and Woodland Oaks Drive. Mr. Greenwald: . · Noted the meetings with the City of Seguin regarding an alternate water source have been going very well. #11 ITEMS BY MAYOR · Once again expressed his thanks for all the thoughts and prayers for his wife during her time of need. #12 EXECUTIVE SESSION: Called under Chapter 551 Texas Government Code, Sub-Section 551.071, consultation with Attorney regarding pending litigation. An Executive Session was held from 7:40 p.m. until 8:42 p.m. #13 Action, if any, on above Executive Session. No action was required. . -29- . #14 ADJOURNMENT There being no further discussion, Mayor Baldwin adjourned the meeting at 8:44 p.m. ATTEST: ~~ t2La-u~ City Secretary, City of Schertz . . ~ Mayor. City of Schertz, Texas -30-