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ccreg 04-21-1992 REGULAR MEETING OF THE CITY COUNCIL APRIL 21. 1992 The Schertz City Council convened in Regular Session. Tuesday, April 21. 1992 at 7:06 n.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. #1 PUBLIC HEARING: The Council to receive citizen comments on a Planning & Zoning recommendation of assigning animal control facility an allowed use in General Business zoning. Mr. Sweatt said that under the terms of the Zoning Ordinance for new and unclassified use, it is appropriate the Planning & Zoning Commission consider from time to time requests for determination. In this case. the determination was requested by the Council where, if any, within the current zoning classifications a use of animal control facility could be located. After reviewing various ordinances, it was found there is no current classification for animal control facilities. In March the Planning & Zoning Commission had made a recommendation approval of assigning an animal control facility an allowed use in the General Business category of the Zoning Ordinance. This public hearing was called to receive any comments on this request. There were no residents wishing to speak on this item: therefore Mayor Sawyer declared the public hearing closed at 7:08 p.m. #2 Consider recommendation. and take action on the above Mrs. Marsh_-1Il9V~c1 to approve the animal control facility an allowed use in the General Business category of the Zoning Ordinance. Mr. Greenwald seconded the motion. which carried with the following vote: AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None #3 APPROVAL OF MINUTES: A. 4-1-92. B. Regular Meeting of 4-7-92. Special Meeting of Mrs. Stanhope moved to approve the minutes of the Special Meeting of April 1st and the Regular Meeting of April 7. 1992. Mr. Greenwald seconded the motion, which carried as follows: 154 AYES: Councilmembers Potempa. Baldwin, Stanhope. Marsh and Greenwald. NAYS: None ABSTAINING: Mr. Baldwin for the minutes of April 1. 1992. #4 HEARING OF RESIDENTS: A. Mr. Mike Fleming of 3M Company spoke regarding the bids for Library Security in item #6. He said that 3M Company manufactures over 50,000 products, one of which is library security system, and have seventy-five libraries protected by 3M systems. They sell their products allover the world. He advised his company had met or exceeded the specifications and were the low bidders and therefore were concerned that they were not recommended for the award of bid. He said the big thing is safety and their system is approved by Underwriter's Laboratory. He added that they have a system that would be going in shortly at Samuel Clemens High School. He ended by saying they had met the bid specifications and were lower by at least $1,000. B. Ms. Gunnerson, representing Knogo the other bidder for the Library security system, said they also have a very large manufacturer. She added that the reason there is discrepancy between the two bids is the type of system proposed by each company. They have proposed a system that can go anywhere from 46" to 60" and their optimum width as proposed is only 32". Ms. Gunnerson said they are the only company that can allow that width, which is a safety item considering the width of the double doors at the library. #5 AUDIT REPORT: 1990-91 Audit Report. Consider and take action on the Mr. Ortiz, representing Leal. Carter & Rocha, P.C.. called attention to the audit report, which had been thoroughly reviewed by the Audit Committee and was presented to the City Council at the Workshop the previous week. He said they were present to formally present the audit report to the Council and state that they have issued an opinion on the financial statements of the City. Their opinion is an unqualified opinion, which does not mean that everything is perfect. He then gave some highlights of the General Fund, that being the main operating fund of the City. As compared to last year, after the City took in total revenues minus total expenses, we had approximately $160,000 left over. As compared to last year, this is approximately 2-1/2 to 3 times as much as it was last year. This means we took in revenues that exceeded expenditures and that was done through a budget process, strict controls and strict adherence to purchasing policies, expenditures. review. This simply means that the City had a very good year with a lot of controls to take care of expenditures. He added that just because you have a fund balance. it does not mean you should go out and spend it. As a rule of thumb, a fund balance should be approximately three months expenditures or ~~. l about $400.000. Right now the City has about $244.000 but the City has corne a long way in the last two or three years. He felt it would take about another two to three years to reach an ideal fund balance. Mr. Ortiz then said he would be glad to answer any questions Council might have or if questions should come up later, just call their office. Mayor Sawyer said it took a while to get to the $244,000 and on behalf of the City Council we are happy to have this fund balance that approaches the desired two to three months working balance. This demonstrates the City Council's care of the citizens trust. He added that the City staff had done a fantastic job of saving those funds. Mr. Sweatt said, from the staff input, we have enjoyed Mr. Barney Ortiz very qood relationships and fruitful relationship. He has given some very sage advise and assistance which really goes beyond that of an external auditor. He added staffs appreciation to that of Council. Mr. Baldwin_moveg to accept the audit as presented by the auditors Leal, Carter and Rocha. Mrs. Stanhope seconded the motion, which carried as follows: AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None #6 BID AWARD: Consider and take action on awarding bid on the Library Book Security System. Mayor Sawyer said this was on the last workshop and we have already heard from the two bidders. Mr. Sweatt said he would try to speak to some of the issues that were raised and to remind Council of staff's recommendation. Bids were opened and evaluate from 3M Company for a net amount of $4,250 and the firm of Knogo for a net amount of $5,500. The two bids were evaluated for responsiveness to our specifications and to the needs of the library department itself. Based on the review of specifications and responsiveness, it is staff recommendation that Knogo is more responsive to our specifications primarily in the area of isle widths and in sensitivity. On that basis, we have reviewed the specifications of both companies and their brochures in detail and we are recommending the bid award to the Knogo Company in the net amount of $5,500 for the system. Mayor Sawyer said this was also the recommendation of the Library Board. Mr. Potempa.ull1oveg to award the bid to Knogo for the Library Book Security System, in the amount of $5,500. ~_10 ..< '-, i;) 1 Vi'., Mr. Baldwin ask if our specifications included width. He then asked if the 3M bid was not able anything in the 52" width. the to 52" bid Mr. Fleming said he had told the librarian that they would install the system in any width they so desired. Mr. Sweatt advised that the 3M Company's proposal included documents that specify that the equipment being bid provides an isle width of thirty-two inches (32"). He added that we are not in the habit of making outside arrangements; and if, in fact, the Company could have met the specifications they should have submitted documents appropriately. Mayor Sawyer then called for a vote on the motion, which carried as follows: AYES: Councilmembers Potempa, Baldwin. Stanhope. Marsh and Greenwald. NAYS: None Mayor Sawyer then thanked the two bidders for coming meeting and their comments. He added that he hoped understood that we do not accept changes to the bids they are made. to the they once #7 ORDINANCE: Mayor Sawyer introduced an ordinance and read the caption as follows: ORDINANCE NO. 92-M-9 AN ORDINANCE PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS, BE AMENDED BY REVISING CHAPTER 12 1/2. ATTACHMENT "B", OF SAID CODE, PROVIDING FOR THE USE AND REGULATIONS OF SWIMMING POOL FACILITYi REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; AND DECLARING AN EMERGENCY. Mr. Greenwald moved to approve the ordinance amending the Code on regulating Use and Regulations of Swimming Pool Facility as an emergency. Mrs. Marsh seconded the motion, which carried as follows: AYES: Councilmembers Potempa, Baldwin, Stanhope. Marsh and Greenwald. NAYS: None Mr. Sweatt recommended this be passed as an emergency as we are now moving into the swim season with the pool officially opening on May 23, 1992; and are now selling season passes. He then briefly went over some of the changes in the rates as stated at two previous meetings. ~ #8 CAPITAL RECOVERY: Consider and take semi-annual status of Capital Recovery Fees as by P&Z. action on recommended Mr. Sweatt said this comes as a part of the overall establishing and periodic review of the capital recovery fees as established by the Water/Wastewater Department. After review and report by Mr. Bierschwale, Superintendent of the Water/Wastewater Department, to Planning and Zoning, who serve as the review board under our ordinance and State law, they have adopted the recommendation that the current fees remain as they are established. We anticipate a change fairly soon in the Regional Waste Water Treatment Facility. As soon as those are finalized, staff will probably be coming back to Council asking for those changes. Mrs. Stanhope__~mQ~~Q to accept the recommendation of Planning and Zoning Commission that the current Capital Recovery Fees remain as established. Mr. Greenwald seconded the motion, which carried with the following vote: AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None #9 RESOLUTION: Mayor Sawyer introduced a Resolution and read the caption as follows: RESOLUTION NO. 92-R-5 A RESOLUTION APPROVING ACQUISITION OF 1.728 ACRES OF LAND IN GUADALUPE COUNTY, TEXAS, FROM THE NATIONAL CREDIT UNION SHARE INSURANCE FUND. Mr. Sweatt represents an effort that we have been pursuing for quite some time, pursuant to some Certificates of Obligation that were issued ih 1990 for a number of purposes, including the construction of a new animal shelter. We have been neqotiating for several tracts throughout the city and have settled on this as being the best use and site. This land is located on Borgfeld Road. adjacent to a large detention basin designed to aid in storm drainage. This land backs to the Gutierrez landfill property. There is water and power service available. Mr. Sweatt added that staff will be bringing specifications to Council soon for soliciting bids for construction at this site, if site is approved by Council. Mrs. Stanhope nrnoy~d to purchase the 1.728 acres of from National Credit Union Share Insurance Fund to be for the construction of an animal control facility. Baldwin seconded the motion, which carried as follows: land used Mr. 15~ AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None Mayor Sawyer mentioned that the interest earned on the bond monies is more than the $15,061 the land will cost. #10 CITY MANAGER'S REPORT: A. We have received notice from AACOG of a number of public hearings being held throughout the area to review and consider reports and comments regarding the solid waste plan for the entire region. As you remember, a member of our staff. Mark Marquez, prepared a recycling and solid waste review and has made that information available to AACOG. One public hearing will be in Guadalupe County in Seguin on May 12 in the Commissioner Court Room. The last will be May 13th at the Conference Room of the AACOG. We are invited to attend any of these public hearing. B. Mentioned that the revised 1992 parade float was on view out front of the building as they came in. We have a number of parades committed, the first one is in Helotes Cornyval on May 1, then in La Vernia on May 9th. then May 15th in Jourdanton and June 5 in Pleasanton and June 27 in Luling and of course here on July 4th and Kendall County Fair on September 5th. The Schertz Business Club Sweetheart and her Court will be attending most of these parades. He invited Council to go to as many of these parades as they can. #11 ITEMS BY COUNCIL: Mr. that and this Potemp~ said that several months ago he had mentioned the traffic at the construction on I-35 is pretty bad this date he had notice the City police is monitoring to help cut down on accidents. M~~ Marsh reminded everyone of the Fishfry at the VFW on Saturday, April 25th: all proceeds will go toward the Voice of Democracy Program. ~r. ___Greenwalg mentioned the Health Department report and notice that Payless has the exact same violation as the ones we wrote the home office about several months ago. Mayor Sawyer advised that, in accordance to our ordinance, the next step is to shut the place down. ~... Balclwtn asked if there is any way we can pressure these convenient stores to have inside cameras and security systems in their stores. Mr. Sweatt said it is difficult to require the current ones to do this but can on the initial construction. All crime prevention groups strongly encourage this type of security. ~ ;~';9 After further discussion on this subject. Mayor Sawyer asked that this be on the next workshop agenda. #12 ITEMS BY MAYOR: Mr. Sawyer said he received a postcard from someone who did not have the courage to put their name to it. He said he will not answer these publicly unless the person will come forward and make themselves known. #13 ADJOURNMENT: On a motion by Mr. Potempa. seconded by Mr. Baldwin and unanimously carried. the meeting was adjourned at 7:45 p.m. p ;(~fffJ<~~~ ATTEST: --- Schertz