ccreg 07-06-1995
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REGULAR MEETING OF THE CITY COUNCIL
JULY 6, 1995
The Schertz City Council convened in a Regular Session
on Thursday, July 6, 1995 at 7:00 p.m. in the Council
Chambers of the Municipal Complex, 1400 Schertz Parkway,
Schertz, Texas. The following members were present: Mayor
Pro Tern Tim Swinney, presiding; Councilmembers Charles
McDonald; Joe Potempa and Ken Greenwald. Absent: Mayor Hal
Baldwin and Councilmember Dereda Burkett. Staff present were
City Manager Kerry Sweatt and Deputy City Secretary Dolores
Butler.
Mayor Pro Tern Swinney asked everyone to rise and join him in
the Pledge of Allegiance to the flag.
11 HEARING OF RESIDENTS: Those citizens wishing to speak
on agenda items and those having matters they wish to discuss
with Council, which have not previously been submitted to the
City Manager, will be heard at this time.
A. George Mower of 301 Brooks addressed Item #1 on the
agenda which is hearing of residents and stated that he would
like to know why, as the agenda wording reads, "those citizens
wishing to speak on agenda items and those having matters they
wish to discuss with Council ...." doesn't mean what it says
and why, when he wants to discuss an issue, no one will
respond and he feels the wording should be changed. City
Attorney Spain said that, according to the Open Meeting laws,
no response is required. Mayor Pro Tern Swinney told Mr.
Mower that he would like to sit down and talk with him
anytime.
B. Pete Campos of 2914 Beacon said he had received a
letter about the GVEC substation and wanted to talk about
property values. Mayor Pro Tern Swinney suggested he wait
until the public hearing item regarding the substation
proposal was brought up.
C. Jim Harris of FM 1518 and Schaefer Road said he was
concerned about the contents of the City Manager's employment
contract and wanted to know who he could talk to in order to
get some questions answered. Mr. Sweatt told him he could
come to his office and he would sit down with him and go over
items in question. Mr. Harris asked when the new tax
appraisal would be available and was informed it is due on
July 22, 1995. Mr. Harris commented that the Southwestern
Bell Telephone franchise fee is just another tax on citizens.
12 PUBLIC HEARING
Mayor Pro Tern Swinney stated that Guadalupe Valley Electric
Cooperative (G.V.E.C.) had requested a Specific Use Permit to
construct a substation on 9.2 acres of land in Live Oak Hills
Subdivision and Mr. Marcus Pridgeon, General Manager of
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G.V.E.C. was in attendance to answer any questions. Mr.
Sweatt stated that 71 notices had been sent to property owners
within the required distance and 13 were returned - 9 opposed
and 4 in favor. Mayor Pro Tern Swinney introduced Mr.
Pridgeon who stated that with current and projected growth,
current service will not be reliable in the event of a
"blackout". The substation will provide service so that in
the event of an electrical storm, all of the city will not be
dark as it was during a recent outage.
Mrs. Pete Campos of 2914 Beacon, speaking for her husband,
wanted to know what the substation would do to their property
value.
Mr. Pridgeon stated that G.V.E.C. had purchased extra land
in order to maintain a green belt on the north side, being
keen on keeping aesthetics. The 40' 45' single pole
structure will be located in a low area and will not be highly
visible. King Street will be the construction access route
and they will rebuild upon completion; otherwise, the
substation will be electronically monitored, eliminating
excessive traffic.
A property owner who did not sign up to speak asked about the
environmental impact to the subdivision and why G.V.E.C. did
not put the cable underground rather than on poles?
Mr. Pridgeon stated a containment structure will be in place
to capture any oil leaks and the electromagnetic field will
affect only 3.75 acres of the 9.2 acres. The cost to bury 2.2
miles of cable underground is 10 times more than in the air.
Mr. Mower asked why G.V.E.C. does not use water for cooling
rather than oil and Mr. Pridgeon advised him that water
cannot cool that type of equipment.
Ms. Frith of 16395 Clouded Crest said she had received the
letter and was concerned that the substation would lower
property values and wondered why a map was not sent with the
letter so that people would know exactly where the substation
was proposed to be located and why not somewhere else in the
City.
Mr. Pridgeon stated he had a map in his vehicle if it pleased
the Council to recess so that concerned property owners could
get a closer look. The selection of the location in Live Oak
Hills would have the least impact and needed to be in the
growth area.
Mayor Pro Tern Swinney called a recess at 7:30 p.m. and the
special meeting resumed at 7:35 p.m.
Councilman
Councilman
unanimously.
Greenwald
Potempa
moved to
seconded
close the
the motion
public
which
hearing.
carried
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.3 CONSIDER AND
PERMIT REQUEST.
TAKE ACTION
ON THE SPECIFIC USE
Councilman Greenwald moved to approve the Specific Use Permit
to allow G.V.E.C. to construct a substation on 9.2 acres of
land in Live Oak Hills. Councilman McDonald seconded the
motion.
The motion carried and the votes were as follows:
AYES: Councilmembers Mc Donald, Potempa and Greenwald.
NAYS: None.
Mr. Sweatt thanked Mr. Pridgeon for attending the meeting
and stated that the city looks forward to working with
G.V.E.C. on this very worthwhile project.
14 ORDINANCE: Consider and take action on the final
reading of an ordinance rezoning 8.9633 acres from NS to PUD
(Laredo/Greenshire).
Mayor Pro Tern Swinney introduced an ordinance and read the
caption as follows:
ORDINANCE NO. 95-S-18
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS,
MIGl.ltiuING THE ZONING ORDINANCE NO. 87-S-l BY
REZONING 8.9633 ACRES OF LAND OUT OF GUADALUPE
COL..~.L i AND REFLECTING SUCH CHANGES ON CERTAIN
ZONING MAPS IN ACCORDANCE WITH THE SCHERTZ ZONING
ORDINANCE.
Mr. Potempa moved
ordinance rezoning
(Laredo/Greenshire).
to approve the final reading of
8.9633 acres from NS to
Mr. Greenwald seconded the motion.
the
PUD
The motion carried and the vote was as follows:
AYES: Councilmembers McDonald, Potempa and Greenwald.
NAYS: None.
'5 ORDINANCE: Consider and take action on the final
reading of an ordnance adopting a Franchise Agreement with
Southwestern Bell Telephone Company and approving certain
matters relating to settlement of a class action lawsuit
involving Southwestern Bell Telephone Company.
Mayor Pro Tern Swinney introduced an ordinance and read the
caption as follows:
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ORDINANCE NO. 95-F-17
AN ORDINANCE WHEREBY ....:1r. CITY OF SCHERTZ, TEXAS AND
SOUTHWESTERN BELL TELEPHvl.ljI:t. COMPANY AGREE THAT, FOR
.Lt11!o PURPOSE OF OPERATING ITS TELECOMMUNICATIONS
BUSINESS, THE TELEPHONE COMPANY SHALL MAINTAIN AND
CONSTRUCT ITS POLES, WIRES, ANCHORS, FIBER, CABLES,
MANHOLES, CONDUITS AND OTHER PHYSICAL PLANT AND
APPURTENANCES IN, ALONG, ACROSS, ON, OVER, THROUGH,
ABOVE AND UNDER ALL PUBLIC STREETS, A,,~..ItiJES,
HIGHWAYS, ALLEYS, SIDEWALKS, BRIDGES OR PUBLIC
PROPERTY IN SAID CITY; PRESCRIBING :a.':1:t. ANNUAL
COMPENSATION DUE ....:1..6 CITY UNDER THIS ORDINANCE;
PRESCRIBING Ull!. CONDITIONS GOVERNING ....:11!o USE OF
PUBLIC RIGHTS-OF-WAY AND .L..:u. PERFORMANCE OF CERTAIN
CONSTRUCTION WORK ON PUBLIC RIGHTS-OF-WAY FOR .I..n~
TELEPHONE COMPANY'S TELECOMMUNICATIONS BUSINESS;
PROVIDING AN INDEMNITY CLAUSE; SPECIFYING
GOVERNING LAWS; PROVIDING FOR A RELEASE OF ALL
CLAIMS UNDER PRIOR ORDINANCES; PROVIDING FOR
FUTURE CONTINGENCIES; PROVIDING FOR WRI.L...~..1t
ACCEPTANCE OF THIS ORDINANCE BY .I.t1~ TELEPHONE
COMPANY; AND PROVIDING FOR A TERM AND AN EFFECTIVE
DATE.
Mr. Sweatt reminded Council they approved the first reading
of this ordinance at their last regular meeting. Mr. Sweatt
stated the effect of the changes in the annual payment of
$47,000 for use of public rights-of-way does not seem
significant to residential customers as the fee will be
predicated on the types of services selected. Fees will be
billed as a pass-through charge. Residential, flat rate, one
party service, touch tone with two (2) extra features will go
from .44 cents to .61 cents. Business, measured service will
go from the current .72 cents to .92 cents. The maximum
increase to businesses with PBX trunk system (no custom
calling features) will go from $1.12 to $2.18. Overall
increase in franchise fees to the city would be $12,000.
Mr. Potempa moved to approve the $35,000 annual franchise
payment for use of public rights-of-way by Southwestern Bell
Telephone Company under the new ordinance, keeping current
rates for customers.
There being no second, the motion died.
Mr. McDonald moved to approve the $40,000 annual franchise
payment for use of public rights-of-way by Southwestern Bell
Telephone Company and change the ordinance to reflect that
amount.
Mr. Greenwald seconded the motion.
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The vote was as follows:
AYES: Councilmembers Me Donald and Greenwald.
NAYS: Councilmember Potempa.
Mayor Pro Tern Swinney voted aye allowing the motion to carry
and the ordinance to be approved.
16 CONSIDER AND TAKE ACTION ON BUDGET REVENUE AMENDMENT
AND AUTHORIZE PREPARATION OF PLANS AND SPECIFICATIONS FOR FIRE
TRUCK PURCHASE.
Fire Chief Johnny Woodward stated he has been pricing a
pumper truck and equipment and, to date, it will
approximately $170,000. Given approval to utilize
Southwestern Bell estimated revenue increase ($172,232),
will be solicited and there is a one-year delivery date
time of bid award.
new
cost
the
bids
from
Mr. McDonald moved the city earmark the
estimated revenue increase for the purchase
the condition the Council has more input
specifications.
Southwestern Bell
of a new pumper on
in the plans and
Mr. Greenwald seconded the motion.
The motion carried and the vote was as follows:
AYES: Councilmembers McDonald, Potempa and Greenwald.
NAYS: None.
'7 Bid Award: Consider and take action on the award of
bid for Data Processing Equipment for the Library Department.
Mr. Sweatt recommended for approval, award of the low bid of
$12,675 for the Library Department data processing equipment
from Ger-Mar Computer Systems.
Mr. Greenwald moved to approve the bid award in the amount of
$12,675 to Ger-Mar Computer Systems to purchase data
processing equipment for the Library Department.
Mr. McDonald seconded the motion.
The motion carried and the votes were as follows:
AYES: Councilmembers McDonald, Potempa and Greenwald.
NAYS: None.
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18
matters.
Consider and take action on
bond
refinancing
Mr. Tom Anderlitch of Rauscher-Pierce Refsnes, Inc. stated his
firm recommends continuing to monitor the bond market for
interest savings on refinancing bonds. If City Council is in
agreement, a special session would be called at the
appropriate time to take action on this matter.
Mr. McDonald moved to authorize Mr. Anderlitch to continue to
monitor the bond market for better interest savings. Mr.
Greenwald seconded the motion which carried unanimously.
AYES: Councilmembers McDonald, Potempa and Greenwald.
NAYS: None.
19 CITY MANAGER'S REPORT:
nothing further to report.
Mr. Sweatt said he had
owns
been
this
110 ITEMS
seven (7)
provided
matter.
BY COUNCIL: Mr. PotemDa reported a lady who
apartments is paying for recycling but has not
bins. He requested staff look into this
III ITEMS BY MAYOR: Mayor Pro Tern Swinney said, although
they were not in attendance tonight, he would like to thank
Ann Almond and Anita Clark for their successful efforts at
the 4th of July activities.
112 ADJOURNMENT: On a ~otion by Mr. potempa and seconded
by Mr. Greenwald and unanimously carried, the meeting
adjourned at 8:35 p.m.
.4~
of Schertz, crxas
ATTEST:
- jJ~ ~/j~
Deputy City Secretary, City of Schertz
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