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.
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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
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