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ccreg 09-03-1991 ~ REGULAR SESSION OF THE CITY COUNCIL SEPTEMBER 3, 1991 The Schertz City Council convened in Regular Session, Tuesday, september 3. 1991. at 6:30 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; Barbara Stanhope; Mary Marsh and Ken Greenwald. Absent: Hal Baldwin. Staff present were City Manager Kerry R. Sweatt and Deputy City Secretary Alice Austin. #1 TOUR: Mayor Sawyer opened the meeting and advised those citizens present that a tour of the SAFES facility would be conducted for Council and any interested citizen. Regular Meeting reconvened at 7:00 p.m. Mayor Sawyer requested that everyone join him in the Pledge of Allegiance. PROCLAMATIONS: (a) Mayor Sawyer read and presented to Mr. Joe Potempa, President of the Schertz Business Club a proclamation declaring September 15 to 21,1991 as the Third Annual Schertz Business Appreciation Week. (b) Mayor Sawyer advised that the second proclamation was for the V.F.W. and requested that Mr. Jimmy Gonzales, Commander of Post 8315; Mrs. Dolly Edwards, President of the Auxiliary; Mrs. Mary Marsh, Jr. Vice Commander and Chairman of the Voice of Democracy 1992 and Lerlene Williams, Chairman for the Ladies Auxiliary Voice of Democracy 1991 to come to the front. Mayor Sawyer then read the proclamation and proclaimed September 1 through September 8, 1991 as Voice of Democracy Week and calling on the 10th, 11th and 12th grade students to think, write and speak up for freedom. #2 HEARING OF RESIDENTS: Mr. Ed Mazian, 1013 Fawn Drive: Asked if any action would be taken to repaint the stripes on Schertz Parkway and Main Streets as it has become too faint to see. Mr. Sweatt advised that we had tried another brand of paint which was cheaper and was not as good as the other paint and we were now in the process of repainting. Mr. Mazian asked what had happened to the police cars. Mr. Sweatt advised that one of the vehicles was in pursuit to apprehend a felon and the other was struck by another driver. #3 ESCROW AGREEMENT: Mr. Sweatt advised that this was a proposed agreement by Forbes Management/Forbes Trustee to place with the City in an escrow account at the Schertz Bank and Trust the sum of $160,247.59 to be utilized by the City for the payment of amounts owing to the contractor under a contract that is proposed to be let later in the Agenda. This money would be accounted for separately and would be held by the bank to be dispersed in accordance with instructions from the City as periodic payments are requested by the contractor after approval ~ ~ by the City engineer and Forbes engineer. Management/Forbes Trustee. Mrs. Marsh seconded the motion which carried with the following vote: AYES: NAYS: Councilmembers Potempa, Stanhope, Marsh and Greenwald None #4 BID AWARD: Mr. Sweatt advised that for clarity sake he would attempt to break this into three distinct parts. city of Schertz agreement with New Braunfels Utility calls for the City of Schertz to pay to New Braunfels utilities a sum equal to 25% of the cost of that line when we begin to take service from that line. Mr. Sweatt advised that the bid award is 4 distinct projects. He said that proposals 1 & 2 were the City of New Braunfels' portion which is the lift station and appurtenances and gravity lines and enlargement to the wastewater treatment facl1ities. The City of New Braunfels Utility has ask that the City of Schertz concur as we are a 25% share of the New Braunfels Utility job in the award for proposal 1 and 2 to M.C. Etheridge Company in the amount of $460,706.25 and $545,822.50 respectivelY for a total of $1,006,528.75. Mr. Greenwald made the motion to concur with New Braunfels Utility to award the bid to M.C. Etheridge Company in the amount of $1,006,528.75. Mr. Marsh seconded the motion which carried with the following vote: AYES: NAYS: Councilmember Potempa, Stanhope, Marsh and Greenwald None Mr. Sweatt advised that Proposal #3 was exclusively the City of Schertz portion of the line. This portion begins at our ETJ and goes to the city limit line at Schwab Road. Consulting Engineer is recommending awarding the bid on this portion of the line to R.L. Jones, Inc. in the amount of $119,823.60. Mr. Greenwald made the motion to award the bid in the amount of $119,823.60 to R.L. Jones, Inc. Mr. Potempa seconded the motion which carried with the following vote: AYES: Councilmember Potempa, Stanhope, Marsh and Greenwald NAYS: None Mr. Sweatt advised that Proposal #4 is that portion of the line that is exclusively the financial responsibility of Forbes Management/Forbes Trustee. He said that the low bidder was SACC in the amount of $160,247.59. 4 Mrs. Stanhope made the motion to award the bid to SACC in the amount of $160,247.59. Mr. Greenwald seconded the motion which carried with the following vote: AYES: Councilmember Potempa, Stanhope, Marsh and Greenwald NAYS: NONE #5 UTILITY EXTENSION AGREEMENT: Mr. Sweatt advised that this was a Utility Extension Agreement with Forbes Management/Forbes Trustee for their portion of the sewer line project. He said that this would provide for the City of Schertz to collect, in addition to City of New Braunfels capital recovery fees and City of Schertz capital recovery fees, a utility extension charge as connections are made to that portion of the line that is paid for by Forbes. The utility extension charge would be based on either the living unit equivalent or the front footage, whichever is greater, in an amount up to the full amount paid by Forbes for the construction of that line for a period of ten year. The City of Schertz normally allows for a five year period of collection. Mrs. Marsh made the motion to approve the Utility Extension Agreement with Forbes Management/Forbes Trustee. Mr. Greenwald seconded the motion which carried with the following vote: AYES: Councilmembers Potempa, Stanhope, Marsh and Greenwald NAYS: None #6 SCHERTZ DEVELOPMENT FOUNDATION: Mayor Sawyer advised that the word "political" had been taken out of this document and that this was the only change requested. Mr. Sweatt advised that we had also removed the authority of the Council to designate one of its own members. Mrs. Marsh made the Incorporation and Bylaws Mrs. Stanhope seconded following vote: motion to approve the Articles of for the Schertz Development Foundation. the motion which carried with the AYES: NAYS: Councilmembers Potempa, Stanhope, Marsh and Greenwald None #7 APPOINTMENT: Mayor Sawyer advised that this item was to consider appOinting a Board of Directors of the Schertz Development Foundation. The persons recommended are Charles McDonald, Torn Weaver, Kerry R. Sweatt, Lewis Borgfeld, Jim Schriver and Harry Richburg who will serve as an alternate. Mr. Potempa advised that his only problem was that there were no women appointed to the Board. Mr. Borgfeld advised that the selection process was by secret ballot and that were a number of ladies present at the meeting when the selection was made. -~ 5 Mr. Potempa made the motion to approve the Board of Directors of the Schertz Development Foundation as recommended. Mrs. Stanhope seconded the motion which carried with the following vote: AYES: Councilmembers Potempa, Stanhope, Marsh and Greenwald NAYS: None #8 BEXAR METRO 9-1-1: Mr. Sweatt advised that Bexar Metro 9-1-1 is funded by a charge on the monthly telephone bill which is 22 cents per residential connection and 51 cents per business connection. He said that Bexar Metro 9-1-1 serves a great portion of this area and has been instrumental in not only bringing 9-1-1 service to the area but has brought a number of other services and additional devices to the community not the least of which is the current TTD unit located with our police services. He advised that they have participated in training of a number of emergency personnel and have participated in enlarging our police radio service. He further advised that Bexar Metro 9-1-1 has submitted a budget that totals $1,969,784.00 against projected income of $2,051,893.00 and that they ask that our city, along with the majority of the other cities in their district, consider approving the budget. Mrs. Stanhope made the motion to approve the Bexar Metro 9-1-1 FY 1991 Budget. Mr. Greenwald seconded the motion, which carried with the following vote: AYES: Councilmembers Potempa, Stanhope, Marsh and Greenwald NAYS: None #9 TAX PUBLIC HEARING: Consider and take setting time and place for Public Hearing on a increase total tax revenues. action proposal for to Mr. Sweatt advised that this was a confusing item. It was brought about by the Truth in Taxation legislation. This particular item is to place a particular item on the agenda to discuss. He said that the wording of the Notice of Public Hearing is that the City of Schertz will hold a public hearing on a proposal to increase total tax revenues from property on the public tax rolls in 1990 by an amount that is shown as a percentage against the effective tax rate. He advised that the although the Council has not taken any action on the budget or the tax rate, the it is necessary to call the public hearing and set a date where this is the only item on the agenda. He said the Hearing is scheduled to be held on September 10. Mrs. Greenwald made the motion to approve setting Hearing for September 10, 1991. Mrs. Stanhope motion which carried with the following vote: the Public seconded the 6 AYES: Councilmember Potempa, Stanhope, Marsh and Greenwald. NAYS: None '10 PUBLIC HEARING: Consider and take action for setting time and place for Public Hearing on proposed budget for fiscal year 1991-92. Mr. Sweatt advised that a public hearing must be held to receive citizen input on the proposed budget. He advised that we would like to formally set the date as September 17, 1991. Mrs. Marsh made the motion to approve September 17 as for a Public Hearing on the proposed budget for Fiscal Mrs. Stanhope seconded the motion, which carried following vote: the date 1991/92. with the AYES: Councilmember Potempa, Stanhope, Marsh and Greenwald NAYS: None #11 PLANNING & ZONING RECOMMENDATION: Mr. Sweatt advised that Planning and Zoning are requesting a concurrence by Council to permit them to proceed with the process necessary to complete (a) the proposed annexation of area from FM 78 to Cibolo Creek known as Beck Cement Company Property; and (b) a proposed amendment to Zoning Ordinance 87-S-1 concerning mobile/modular homes. Councilmembers concurring were Mr. Potempa, Mrs. Stanhope, Mrs. Marsh and Mr. Greenwald. #12 CITY MANAGER'S REPORT: 1. September 19 is the date for the annual Economic Development Task Force Business Appreciation Dinner at 6:30 at the VFW. 2. A redistricting public hearing is gOing to be held by the Guadalupe County Commissioners' Court on September 4 at 7:00 p.m. at County Administration bUilding in SegUin. #13 ITEMS BY COUNCIL: None #14 ITEMS BY MAYOR: None #15 ADJOURNMENT: On a motion by Mrs. Stanhope and second by Mr. Potempa the meeting was adjourned at 7:35 p.m. ATTEST: -~-~,_L_ Deputy City Secretary, City of Schertz I ! ~.