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ccreg 07-06-1995 ----- ~1 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 ~ c7f~ 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 / ~ ..-:---- ;2f1 .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: ,'~ ~~-~ ~ft) 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. / . ...--/ ----- ~11 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. ~ c::? f cP- 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 / / .-------------