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ccreg 11-17-1992 u~ REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 17, 1992 The Schertz City Council convened in Regular Session, Tuesday, November 17, 1992 at 7:00 p.m. in the Council Chambers of the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Earl W. Sawyer, presiding; Joe Potempa; Hal Baldwin; Barbara Stanhope; Mary Marsh and Ken Greenwald. Staff present were City Manager Kerry Sweatt and City Secretary June Krause. Mayor Sawyer opened the meeting by aSking everyone to rise and join him in the Pledge of Allegiance. #1 PUBLIC HEARING: The purpose of the hearing was to receive citizen comments on the proposed disannexation of approximately 2.34 acres of land out of Comal County. Mr. Sweatt pointed out on the map the location of this land as being just off I-35 on the front portion of Northcliffe Subdivision. He mentioned that this proposed disannexation was at the request of property owners, who were present at this meeting. This subject has been discussed at several meetings and the normal process will be for Council to consider an ordinance, with the final consideration at the December 15th meeting. There being no questions or comments from either Members or any citizens, Mayor Sawyer declared the closed at 7:04 p.m. Council hearing #2 APPROVAL OF MINUTES: A. Regular Meeting 10-20-92 and C. BOA Meeting 10-20-92. B. Special Meeting 10-28-92. Mrs. Stanhope moved to approve the minutes of the Board of Adjustment of October 20th, the Regular Meeting of October 20th and the Special Meeting of October 28, 1992. Mrs. Marsh seconded the motion, which carried as follows: AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None #3 HEARING OF RESIDENTS: None #4 ORDINANCE: Consider and take action on the final reading of an ordinance amending the Tax Abatement and Re-investment Zone Ordinance. Mr. Greenwald moved to approve the final consideration of an ordinance amending the Tax Abatement and Re-investment Zone Ordinance. Mr. Potempa seconded the motion, which carried with the following vote: 00 0~ AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None #5 BIDS: Consider and take action on receiving bids on the following items: A. Certificates of Obligation, Series 1992. Mr. Sweatt called on Tom Anderlitch, the City's Financial Advisor, who advised that we had received notification from Moody's Investors Service that we have a "Baal" rating which is the highest we can have on Certificates of Obligation. He went on to say that most cities have been down graded so we are very fortunate in maintaining our same Baal rating and he felt the bids would indicate the same thing. Mr. Anderlitch then read the bids as follows: 1. Dean Witter Reynolds, Inc. of Dallas, bid shows an effective interest rate of 6.564697 2. Rauscher Pierce Refsnes, Inc. rate of 5.733333 effective interest 3. Service Asset Management - effective interest rate of 6.064015 Mr. Anderlitch Inc. was the interest rates, City of $94,600. announced that Rauscher Pierce Refsness, low bidder then gave the scheduled annual which reflected a Net Interest Cost to the Mr. Sweatt service was better. reminded Council that our preliminary predicated on 6.5% interest and this is debt much B. General Obligation Bonds, Series 1992. Mr. Anderlitch then opened and read the bids on the $620,000 General Obligation Bonds, Series 1992 as follows: 1. Dean Witter Reynolds, Inc. - 6.715767 2. Rauscher Pierce Refsnes, Inc. - 6.214106 He indicated that Rauscher Pierce Refness, Inc. was the low bid on this issue. Mr. Anderlitch said that as a comparison, he went back over our last two sales and a lot of firms who used to bid are not there any longer. The effective interest rates were 7.475 and on March 25, 1987 it was 6.80658. He indicated the market trend could not have been better for us, and these bids are certainly below those projected resulting in considerable savings on both issues. On the $620,000, we will save about $36,494 and on the $200,000, the savings will be $16,775 this is about $53,000 less than we had projected. 04: Mr. Anderlitch ended by saying that all of the bids had been checked as to accuracy and recommended accepting the low bids of Rauscher Pierce Refsnes, Inc.. #6 ORDINANCE: Mayor Sawyer introduced an ordinance and read the caption as follows: ORDINANCE NO. 92-B-22 AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF SCHERTZ, TEXAS COMBINATION TAX AND JUNIOR LIEN REVENUE CERTIFICATES OF OBLIGATION, SERIES 1992"; PROVIDING FOR THE PAYMENT OF SAID CERTIFICATES BY THE LEVY OF AN AD VALOREM TAX UPON ALL TAXABLE PROPERTY WITHIN THE CITY AND FURTHER SECURING SAID CERTIFICATES BY A LIEN ON AND PLEDGE OF THE NET REVENUES OF THE SYSTEM; PROVIDING THE TERMS AND CONDITIONS OF SAID CERTIFICATES AND RESOLVING OTHER MATTERS INCIDENT AND RELATING TO THE ISSUANCE, PAYMENT, SECURITY, SALE, AND DELIVERY OF SAID CERTIFICATES, INCLUDING THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT; AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. Mr. Potempa moved to approve the above listed ordinance as an emergency measure. Mr. Greenwald seconded the motion, which carried with the following vote: AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None #7 ORDINANCE: Mayor Sawyer introduced an ordinance and read the caption as follows: ORDINANCE NO. 92-B-23 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ISSUANCE OF $620,000 "CITY OF SCHERTZ, TEXAS GENERAL OBLIGATION BONDS, SERIES 1992"; LEVYING A CONTINUING DIRECT ANNUAL AD VALOREM TAX FOR THE PAYMENT OF THE BONDS; PRESCRIBING THE FORM, TERMS, CONDITIONS, AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE AND DELIVERY OF THE BONDS, INCLUDING THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO; AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. ni JU Mrs. Marsh moved to approve the above captioned ordinance as an emergency measure. Mr. Potempa seconded the motion, which carried with the following vote: AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None #8 APPOINTMENT: Consider and take action appointment of Oliver Nelson as Secretary to the and Zoning Commission. on the Planning Mr. Greenwald moved to appoint Mr. Secretary to the Planning and Zoning Stanhope seconded the motion, which following vote: Oliver Nelson Commission. carried with as Mrs. the AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None #9 MAYOR PRO TEM: Mrs. Marsh to be sworn in as Mayor Pro Tem. Mayor Sawyer gave the Oath of Office for Mayor Pro Tern to Mrs. Marsh. #10 EXECUTIVE SESSION: executive session under Article Vernon's Texas Civil Statutes at the City Attorney status of litigation. Mayor Sawyer called an 6252-17, Section 2 (e) of 7:26 p.m. to discuss with pending or contemplated The Regular Session was reconvened at 8:27 p.m. #11 Consider and take action, if any, on the above executive session. Mayor Sawyer advised that Council did meet with Attorney and were briefed on pending litigation proposed curfew ordinance. There will be more ordinance at the next meeting. the and on City the that #12 CITY MANAGER'S REPORT: A. Mr. Sweatt advised that once again we will be affecting residents of Oak Forest by causing them to be inconvenienced by shutting off their water on November 19th. The Water Department personnel will be putting door hangers out on the 17th. Last week's water disruption took longer than anticipated and we had some bad public relations from that. To complete that project, we will have to do some additional work in that area but we expect to be completed by 5:00 p.m. B. The Highway Department has notified us that the FM 3009 project will be let in January 1003. We have some substantial work to be done in relocating water and sewer 06 6 lines. Now we have been notified that we have to have it completed by the end of January, when they originally led us to believe it would be a much later date. We have notified them we will need more time and will complete the work by the end of February. To do that, we will have to contract some of the work. We expect to receive bids on the 8th of December and will ask Council to approve bids at their December 9th workshop, if there are no objections. C. He asked Council to mark their calendars for December 11th for the City's Christmas Party at the Community Center, starting at 6:00 with the program starting at 6:30 p.m. The theme this year is "The Nifty Fifties" so you can be costumed or not as you please. #13 ITEMS BY COUNCIL: Mr. Potemoa reported he had driven down Maske Road and near the fish pond the holes are real bad. This roads needs grading. Mrs. Stanhooe: shelter. A She asked the status of the animal Mr. Sweatt said the electrical work has been brought to the site, some rough-in plumbing is in place as well as some beam work in progress. B. She thanked all those Council members who judged the Senior Citizen Craft Show the previous Saturday. C. Mrs. Stanhope also asked the status of the renaming of FM 3009. Mr. Sweatt said the P&Z public hearing was set for December 8th, with the Council hearing to follow at a later date. The process has been set in motion. Mr. Baldwin related that he had attended the last P&Z meeting on another matter and when the renaming of FM 3009 was discussed, he got the feeling P&Z felt Council and staff had not done their job. Mrs. Marsh: A. Remember the VFW breakfast next Saturday morning. B. On the 29th of November from 3 to 7 pm the VFW Ladies Auxiliary will hold the Buffalo Valley Jamboree. All the proceeds from this will go to the Cancer Aid and research. Mr. Greenwald: A. Announced that concerning the FM 3009 name change, the P&Z public hearing will be December 8th and the Council public hearing will be December 15th. B. He asked if we had heard anything new on the Railroad rehab work. Mr. Sweatt said we are trying to coordinate the work but have not heard back from them. 37 Mr. Greenwald mentioned that it sure would be nice if this work could be done during the school holidays to relieve traffic congestion in the school area. #14 ITEMS BY MAYOR: Mayor Sawyer said he had been asked by Mrs. Perry if the City could hold rummage sales once a month at the pavilion in the park and rent tables for $5 a table. After some discussion by Council, Attorney Spain advised that our ordinance would have to be changed to allow that. #15 ADJOURNMENT: On a motion by seconded by Mrs. Marsh and unanimously meeting was adjourned at 8:39 pm. Mr. Potempa, approved, the ATTEST: pJV'la'U?1// Mayor, City of SC~t21 Texas (~~~- c~secretarY, C~ty of Schertz v