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.
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ATTEST:
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Schertz