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-