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ccreg 02-02-1993 82 REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 2, 1993 The Schertz City Council convened in Regular Session Tuesday, February 2, 1993, 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 and asked everyone to rise and join him in pledging allegiance to the flag of the United States of America. #1 APPROVAL OF MINUTES: A. B. Regular Meeting 1-5-93 Special Meeting 1-13-93 Mrs. Stanhope ~oved to approve the minutes of the Regular Meeting of January 5th and Special Meeting of January 13, 1993. Mrs. Marsh seconded the motion, which carried with the following vote: AYES: Council Members Potempa, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None #2 HEARING OF RESIDENTS: None #3 BVYA CONTRACT: Mayor Sawyer said that, basically, this is the same contract we have renewed for several years. There is one exception of a paragraph he had asked to be included. Mr. Sweatt advised the exception is the addition of Section XXII, which reads as follows: "BVYA will notify the City Council Representative seventy-two (72) hours prior to the holding of any meeting, the time, date and place of any such meeting. Failure to do so could result in the cancellation of this contract." Mr. Greenwald said he attended a BVYA meeting the previous week and they have it worked out now whereby he will be notified of meetings. Mrs. Stanhope moved Contract for FY 92-93. to approve the renewal of the BVYA Mrs. Marsh seconded the motion. Mr. Baldwin said he had been approached by a parent who was concerned that BVYA practices on Sunday morning and Wednesday evenings during church hours. The child was told /' nn 00 that if he did not attend practices, he could not participate in the games. Mr. Baldwin asked if there is any way the City can request they not practice on Sunday mornings or Wednesday evenings. Mr. Greenwald said this was discussed at their last meeting and there will not be any more practices on Sunday. The one practice they had was an error and will not happen again. Mr. Greenwald said, as for Wednesday evening, this is one of the nights the School District will let them have games at the gyms. Mr. Bill Moore, President of BVYA, said they have an understanding that nothing like this will ever happen again. He said BVYA has a contract with Corbett School for Monday, Wednesday and Friday and another contract with Dobie School for Monday, Wednesday, Friday and Saturday. Mr. Moore said they have 35 basketball teams ranging in age from seven to fifteen. He said they cannot use the gyms other nights because the schools use them those nights. He said he had spoken to the Coach of the Midget team and he was not familiar with the BVYA rules. If there are other commitments, such as church and scouts, they are excused. However, if a parent does not show any interest in seeing that their child gets to practice for no reason, they have a clause that says they cannot play the entire game. Mr. Moore added that hopefully that is the only incident they have had and it won't happen again. He offered to go talk with the parent if Mr. Baldwin wished. Mayor Sawyer then called for a vote on the motion on approving the contract, with the following results: AYES: Council Members Potempa, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None #4 CHANGE ORDER: Consider and take action on change orders to the Animal Control Shelter contract. Mr. Sweatt reiterated that the City has received a check from the Marguerite Doe Foundation, in the amount of $49,200 to fund those items that were excluded from the contract. This change order, for an increase of $18,052 includes: A. add underground electrical line to future livestock pens B. add telephone jacks in building C. add one interior door D. add one 12'xl0' canopy to front of building and exterior brick on three sides E. eliminate cinder block sealing and add high intensity epoxy paint to the walls, floor and steel structure. 84 At the next workshop meeting we expect to place bids for paving and asphalt for consideration. Then on the 11th of February, we will open bids on the livestock pens and present that for consideration on the 16th of February. Mrs. Stanhope moved to approve the change order to the Animal Shelter contract. Mr. Baldwin seconded the motion, which carried with the following vote: AYES: Council Members Potempa, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None #5 ACKNOWLEDGEMENT: Consider and take action on acknowledging correction of the amendment to the Pension Plan Agreement termination as approved by Resolution 93-R-2. Mr. Sweatt advised that on page 11 of Resolution 93-R-2, that was passed at the last meeting, Section 7.5 was found to be incorrect. This Section recited there would not be immediate distribution without participant consent; however, that is definitely not the intent of the process so we have removed the incorrect section. Mr. Sweatt said that in order to record that this was brought to Council attention, he now asked that they ratify the substitution of the correction. Mr. Baldwin moved to approve ratifying the amendment by eliminating the Section 7.5 in the original Resolution No. 93-R-2. Mr. Greenwald seconded the motion, which carried as follows: AYES: Council Members Potempa, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None #6 ORDINANCE: Mayor Sawyer introduced an ordinance and read the caption as follows: ORDINANCE NO. 93-E-6 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, CALLING AN ELECTION TO BE HELD ON MAY 1, 1993, FOR THE PURPOSE OF ELECTING THREE (3) COUNCIL MEMBERS AND DECLARING AN EMERGENCY. Mr. Potempa moved to approve, as an emergency measure, the ordinance calling an election for May 1, 1993. Mr. Baldwin seconded the motion, which carried as follows: AYES: Council Members Potempa, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None n~ 00 #7 CITY MANAGER'S REPORT: A. There will be a seminar on gangs at Samuel Clemens High School Thursday at 7 PM. Some of our officers will be participating. B. We are expecting to have received bids on the paving and asphalt for the animal shelter by the workshop. With your permission, we would like for Council to take action at that meeting so that we can keep the project on target for completion. There were no objections from Council to vote on this at the next workshop meeting. #8 ITEMS BY COUNCIL: Mr. P~~~moa said he was sorry to hear that Sgt. had resigned and was going to Cibolo. Slamcik Mrs. Stanhooe advised that she attended a very good seminar on Friday and Saturday. She suggested that when there are new people on the Council this would be a good one for them to attend because of the smaller size. One of the things they discussed was a newsletter so she gave out samples of our newsletter. MIp~_ Mar~h said they had a very good meeting of the Schertz Business Association with a better crowd than they had been experiencing. She again reminded everyone of the Trail Riders corning in Saturday, with the stew making being on Friday at 6:00 p.m. at Mrs. Richard's. Then on Saturday evening the dinner dance will be held at the Randolph Country Roundup. Again, she requested everyone donate things for their silent auction in May. They voted to name their scholarship the "James Shriver Memorial Scholarship" and have increased the amount from $500 to $750. She said they hoped to continue to add to the Fund. Mr.____Greenw~ld suggested discussing at the next workshop action to be taken on the Endangered Species Act. #9 ITEMS BY MAYOR: Mayor Sawyer read a naming the month of February as "Girl Scout Month". proclamation Cookie Sale He said he attended a basketball game on Saturday morning and if anyone wants to see a good game they should attend on Mondays, Wednesdays and Saturdays. 86 #10 ADJOURNMENT: On a motion by Mr. Baldwin, seconded by Mr. Greenwald and unanimously carried, the meeting was adjourned at 7:32 p.m. h~~! l~::t!:;;xas ATTEST: t/' . !11. A .(.c~ c~~retarY ,