ccreg 09-03-1991
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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
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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.
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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.
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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
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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:
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Deputy City Secretary, City of Schertz
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