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ccreg 03-15-1994 I O~ REGULAR MEETING OF THE CITY COUNCIL MARCH 15, 1994 The Schertz City Council convened in Regular Session on Tuesday, March 15, 1994 at 7:08 p.m. in the Council Chambers of the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Earl W. Sawyer, presidingj Joe Potempai Hal Baldwini Barbara Stanhope; Mary Marsh and Ken Greenwald. Staff present were City Manager Kerry Sweatt and City Secretary June Krause. #1 APPROVAL OF MINUTES: A. Regular Meeting 1-15-94 B. Special Meeting 2-23-94 C. Regular Meeting 3-1-94 Mrs. Stanhope moved to approve the minutes of the Regular Meetings of 1-15-94 and 3-1-94 and the Special Meeting of 2-23-94. Mr. Greenwald seconded the motion, which carried with the following vote: AYES: Councilmembers Potempa, Greenwald. NAYS: None ABSTAINING: 3-1-94. Mrs. Baldwin, Stanhope, Marsh and Mr. Baldwin for the meetings of 1-15 and Marsh for the meetings of 1-15 and 2-23-94. #2 HEARING OF RESIDENTS: ~~ke Biaqs, President of the Buffalo Valley Youth Association invited everyone, especially the Mayor and Councilmembers, to their Baseball Opening Ceremonies on March 26th at 9:00 a.m. He said he hoped they could all be there. #3 AUDIT PRESENTATION: Consider and take action on the FY 92-93 Audit as presented by Leal, Carter & Rocha P.C. Representing the firm, Mr. Barney Ortiz addressed Council, saying they would realize we had gone through this on several sessions - once with the City Manager, once with the Audit Committee and once at Workshop to the Council. Mr. Ortiz went on to say the opinion they issued for this audit has been unqualified, which means it is a clean opinion. The audit is not perfect, but fair. The City's fund balance, going back to 1989 has been in the red by about $50,000, and as of this year, the balance is approximately $540,000. From 1989 to now, we have had a fund balance increase of about 900% or more. We have come from out of the red to now with a fund balance that can support our expenditures for approximately 2.7 months. This means that we could operate 2.7 months without any revenues. There were other discussions that were had with the Audit Committee and Workshop regarding the Water/Sewer Operations but they believe the City has addressed that by the increase of water rates and that was noted in the audit report. There was a loss in the Water and Sewer as everyone saw last year and that was taken care of with the rate increase. ) 08 Mr. Ortiz said they would like to express their gratitude to, especially the City Manager, the City Staff for their cooperation. This includes the Council also. He ended by saying if anyone had any questions, even at a later date, to call his office any time. Mr. Baldwin moved to approve the audit as presented by Leal, Carter and Rocha. Mr. Potempa seconded the motion, which carried with the following vote: AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None #4 ORDINANCE: Mayor Sawyer introduced an ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AMENDING THE SUBDIVISION ORDINANCE, NO. 87-S-11, ARTICLE III, DESIGN STANDARDS, SECTION 18, STREETS; AND EXHIBIT "C", DEFINITIONS; AND PROVIDING A REPEALING CLAUSE. Mr. Sweatt advised that in the draft copy sent to Council at the Workshop, there was an error in one sentence. Under Article III, Section A (2) read "Private streets in a manufactured home park are constructed in accordance with the City's standards for public streets." That should have read "Private streets are constructed in accordance with the City's standards for public streets." Mrs. Marsh moved to approve the first reading of an ordinance amending the subdivision ordinance regarding private streets. Mrs. Stanhope seconded the motion, which carried with the following vote: AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None Mayor Sawyer asked that this be put on the next workshop agenda. #5 SUBLEASE AGREEMENT: agreement to sublease the Harvest. Consider and take action on an Scout Hut to Church of the Mayor Sawyer reminded Council that we have had no problems with the Church of the Harvest and the Scouting Association has no problem with this agreement. As there were no questions, he then called for a vote. 109 Mrs. Stanhope mQy~g to approve the agreement to the Scout Hut to the Church of the Harvest. Mr. seconded the motion, which carried as follows: sublease Potempa AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None #6 BVYA CONTRACT: Consider and take action on renewing the Buffalo Valley Youth Association contract. Mr. Sweatt said this contract consists of six pages plus exhibits and is very similar to ones we have had in the past, with the expansion of Section XIV to include things we have required in the past but were not in the contract. Such things as certifying the members of BVYA that may use City equipment, stating that any damage done to the equipment by BVYA operators must be reimbursed to the City or repaired at BVYA expense. They must sign a Release and Indemnification form, releasing the City from any and all liabilities for personal injury or damages that might be occasioned as a result of using or operating City equipment, etc. Other than this section, the contract is essentially the same as in the past. Mrs. Stanhope moved to approve the BVYA contract, with Mr. Greenwald seconding the motion. The motion carried with the following vote: AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None #7 CDBG AGREEMENT: Agreement with Bexar Project. Consider and take action on a CDBG County on the Mobile Villa Utility Mr. Sweatt said the project has been approved by Bexar County Department of Community Resources and is alive and well. We have reached an agreement on all but one item and the attorneys are discussing this now. This deals with indemnification against the engineer and project contractor. Mr. Sweatt recommended approval of the contract contingent on this one part being worked out. Mr. Potempa moved to approve the CDBG Agreement with Bexar County for the Mobile Villa Utility Project contingent on the one change as discussed. Mr. Greenwald seconded the motion. Mr. Potempa stated that as we all know, this project has been in the mill for quite some time. He said he wanted to thank Mr. Sweatt, Mr. Marquez and Mrs. Fenner for their extra work in getting this going. Finally, after six to eight months of repeated letters and personal contact walking from house to house, this has gotten off the ground. J.1 0 He also wanted to thank the people of Mobile Villa and the perseverance of the City Council. Mayor Sawyer then called for a vote and the motion carried as follows: AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None Mayor Sawyer promised this annexed. He done. related that the people of Mobile Villa were about 27 years ago when they elected to be added that we are grateful to all that got it #8 CITY MANAGER'S REPORT: None #9 ITEMS BY COUNCIL: None #10 ITEMS BY MAYOR: None #11 ADJOURNMENT: On a motion by Mr. Potempa, seconded by Mr. Greenwald, the meeting adjourned at 7:22 with a unanimous vote of Council. ;/x~-2/)/2t/f~ Mayor, City of Sc~tz, Texas ATTEST: Ck. -&.~~ ~-s~cretarY: City of Schertz ----~