ccreg 09-04-1990
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REGULAR MEETING OF THE CITY COUNCIL
SEPTEMBER 4, 1990
The Schertz City Council convened in Regular Session, Tuesday,
September 4, 1990, at 7:00 p.m. in the Council Chambers of the
Municipal Complex, 1400 Schertz Parkway, Schertz, Texas. The
following members were present: Mayor Pro Tem Ken Greenwald, Joe
Potempa, Barbara Stanhope, and Mary Marsh. Absent: Mayor Earl
W. Sawyer and Councilman Hal Baldwin. Staff present were City
Manager Kerry Sweatt and City Secretary June Krause.
Mayor Pro Tern Greenwald opened the meeting by leading the group
in the Pledge of Allegiance.
Mr. Greenwald then read a proclamation proclaiming the week of
September 10th through 15th, 1990 as "June Krause Week" in honor
and celebration of her completing twenty-five years of service to
the City of Schertz. Mr. Sweatt then presented Mrs. Krause with
a beautiful philodendron plant.
#1 APPROVAL OF MINUTES: A.
B. Special Meeting of 8-7- 90.
Regular Meeting of 8-7-90. and E.
Special Meeting of 8-1-90.
C. BOA Meeting of 8-7-90.
Budget Meeting of 8-7-90.
D.
Mr. Potempa moved the minutes of the Special Meeting of 8-1-90,
the Special Meeting of 8-7-90, the BOA Meeting of 8-7-90, the
Regular Meeting of 8-7-90 and the budget meeting of 8-7-90 be
approved. Mrs. Stanhope seconded the motion.
Mrs. Stanhope asked that the following corrections be made to the
minutes: Special Meeting of August 1, 1990 , item #2 second
paragraph, first sentence should read: "Mrs. Krause informed
Council that 55 letters were mailed to property owners, with ten
returned undeliverable for various reasons."
The sixth sentence of item #8 should correctly read: "There was
a UTSA Seminar at Converse about how the seminars could benefit
the cities."
BOA Meeting of August 7, 1990, # 1 A the fifth paragraph should
read: "Mrs. Marsh said she felt that granting this request would
not set a precedence, that each request for a variance must be
considered on its own merit."
The Regular Meeting of August 7, 1990, second sentence of item #6
should correctly be: "One of the bids was only for two printers
for a total of $100." She al so asked that "Mrs. Sweatt be
changed to "Mr. Sweatt".
Under the Special Session of August 7, 1990, the second paragraph
on the third page should correctly read: "Mayor Sawyer suggested
going over the expenditure portion of the budget page instead of
skipping around." and the fourth from the last sentence under
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Police Department be corrected to read: "The item of
Uniform/Laundry includes the uniform allowances for patrolmen."
Mrs. Marsh referred to the minutes of the Regular Meeting of
August 7, 1990, item #4, the second sentence of the third
paragraph should correct I y read: "They feel these garage sales
are helpfuli but the fact remains that the signs the people have
been placing makes the City look trashy, not to mention the loss
of revenue."
Mayor Pro Tern Greenwald then call ed for a vote on the motion,
which carried as follows:
AYES: Council Potempa, Stanhope and Marsh.
NAYS: None
#2 HEARING OF RESIDENTS: none
#3 ORDINANCE: Mayor Pro Tem introduced an ordinance and
read the caption as follows:
ORDINANCE 90-D-26
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF
ORDINANCES, CITY OF SCHERTZ, TEXAS, BE
AMENDED BY REVISING SECTION 18-76 OF SAID
CODE i PROVIDING FOR SPEED LIMITS ON WARE-
SEGUIN ROAD.
Mrs. Marsh moved to approve the final reading of an ordinance
amending the Code, Section 18-76 prOViding speed limits on Ware-
Seguin Road. Mrs. Stanhope seconded the motion, which carried
with the following vote:
AYES: Councilmembers Potempa, Stanhope and. Marsh
NAYS: None
#4 AUDIT PROPOSAL: Mr. Sweatt said the Audit Committee had
met and reviewed the proposals received from four outstanding
firms. The have evaluated the proposals in both their method of
response and their background and experience with similar type
ci ties. He said they are pleased to recommend the awarding of
the contract to Leal, Carter and Rocha of San Antonio, Texas.
The first year audit costs is $10,300 - the cost for the year
1991 is expected to be $10,600.
When asked if they have experience in smaller cities, Mr. Sweatt
answered in the affirmative, adding that the Audit Committee
believes that this firm can continue acquiring our GFOA
Certificate of Conformance.
Mr. Potempa moved to approve the firm of Leal, Carter & Rocha as
our auditing firm. Mrs. Marsh seconded the motion, which carried
with the following vote:
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AYES: Councilmembers Potempa, Stanhope and Marsh.
NAYS: None
#5 RESOLUTION: Mayor Pro Tern Greenwald introduced a
resolution and read the caption as follows:
RESOLUTION NO. 90-R-14
A RESOLUTION FOR PARTICIPATION IN THE TEXAS
DEPARTMENT OF COMMERCE AIMHIGH PROGRAM
ECONOMIC DEVELOPMENT TRAINING; STRATEGIC
PLANNING HEREBY INDICATING A COMMITMENT TO
ADOPT AND IMPLEMENT ECONOMIC DEVELOPMENT
INITIATIVES THE CITY OF SCHERTZ DETERMINES
ARE APPROPRIATE, AND TO DESIGNATE AN
ECONOMIC DEVELOPMENT COORDINATOR TO
REPRESENT THE CITY OF SCHERTZ IN THE
PLANNING WORKSHOP AND OVERSEE IMPLEMENTATION
OF SAID INITIATIVES.
Mr. Sweatt said this is a program that has been recommended by
the Texas Department of Commerce to generate some training for
persons involved in Economic Development activities; as well as
establish a state-wide program for both planning and
implementation of Economic Development activities. The Texas
Department of Commerce has asked that we designate an individual
who will be the primary point of contact. We believe this is one
more step in our efforts to affiliate with our allies in Economic
Development activities around the state. We recommend that you
designate Mark Marques, who has been serving as an intern and who
will continue to serve the City part-time in Economic
Development. There is no direct cost to the City other than
transportation cost to attend the training sessions. The EDTF
has reviewed this report and wholeheartedly recommends the
Council adopt this resolution.
Mrs. Marsh ~oved to adopt
Development training program.
which carried as follows:
the resolution regarding Economic
Mrs. Stanhope seconded the motion,
AYES:
NAYS:
Councilmembers Potempa, Stanhope and Marsh.
None
#6 SAFES:
accounts.
Consider and take action on uncollectable SAFES
Mr. Greenwald asked the newspaper reporters to advise the
citizens and cities that this will have a direct impact on the
per capita charges - if not this year, at least next year. We
are being asked to write off $36,875.71. The ambulance service,
contrary to popular bel ief, is not free. The per capita fees
paid by the cities guarantees the ambulance and people will be
available and when the ambulance makes a run, they expect to be
paid.
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Mr. Sweatt said that at the last meeting, Council had asked that
he investigate a couple of those names that were re-occurr ing.
The single highest number on the list - the party is deceased and
it was under a fairly tragic circumstance. On a couple of the
others, we are continuing to debate the costs with Medicare and a
couple we are dealing with both the VA and Champus.
Mrs. Marsh said we went through this last year for about $27,000
and this is deplorable. She said you look at the listing and see
names of people that you know can afford to pay for the service
and yet they do not pay. And it is not because attempts were not
made to collect. There have been somewhere in the neighborhood
of four or five letters that have gone out to these folks. In
addition to that, there is a collection agency that attempted to
collect. Mrs. Marsh said she felt that these people that don't
pay their bills but could, should sit back and reassess their own
val ues and see what they are doing to their fellow man by not
paying these bills.
Mrs. Stanhope moved to charge off the amount of $36,875.71 as a
bookkeeping adjustment but that we continue to collect whatever
can be collected. Mrs. Marsh reI uctantl y seconded the motion,
which carried with the following vote:
AYES: Councilmembers Stanhope and Marsh and Greenwald
NAYS: Councilmember Potempa
Mr. Potempa said he felt there were a lot of people on this list
that could pay and he said he just could not go along with it.
#7 LICENSE: Consider and take action regarding a license
for City property use.
Mr. Sweatt said that as discussed previous I y, there current 1 y
exists about a 20 foot right-of-way off River Road that was
conveyed to the City by plat in about 1967, providing access from
River Road to a utility easement at the rear of the property.
The roadway has not been improved to City standards and does not
meet current requirements for ingress and egress. There is a
need to continue title to the property for access to the utility
easement. The adjacent property owners have requested the
author i ty to maintain the property and take certain security
actions by the construction of a fence at the front of the
property. Because of the need to maintain title to the property,
we have proposed a License of Use Agreement, which is outlined in
a draft of a letter that would be executed with the parties and
the City's representative agreeing that the property owners could
maintain the property but that it would never revert to them. It
would be maintained at their expense and it would indemnify the
City against any claims for damages or injury or losses that
might be sustained by anyone relating to that use. This
basically provides a means for the people to continue the use of
the property and continue to take care of it with no loss of
title by the City.
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Mr. Potempa mQY~~ to authorize the issue of a City License for
City property use. Mrs. Marsh seconded the motion, which carriect
with the following vote:
AYES:
NAYS:
Councilmembers Potempa, Stanhope and Marsh
None
#8 DRAINAGE ROW: Consider and take action on authorizing
the City Manager to accept the exchange of land for FM 3009
drainage construction.
Mr. Sweatt saict that included in the packets was a proposed re-
platting of property located off FM 3009 in the vicinity of CCMA
in the Greenfield Subdivision. We propose to exchange a 180 foot
drainage right-of-way fronted on FM 3009 for a proposed 180 foot
right-of-way area behind and to the east of the CCMA building
that would bring the drainage behind the CCMA property under
Dietz Road. The property owner, Mr. Jesse Helm I has agreed to
the proposed transfer, which is a no-win/no-Ioss exchange and is
a part of the proposed improvements on FM 3009. The Texas
Department of Highways and Publ ic Transportation has agreed to
the design. We find that this is in keeping with the request of
the abutting property owners and would be to CCMA advantage and
would save some large trees in that area. He added that staff
recommends execution of an exchange by virtue of the replatting.
Mrs. Marsh movJ~_d to authorize the City Manager to accept the
exchange of land for FM 3009 drainage construction. Mrs.
Stanhope seconded the motion. which carried as follows:
AYES: Councilmembers Potempa, Stanhope and Marsh
NAYS: None
#9 TAX RATE: Consider and take action on placing a
proposal to adopt the tax rate on the agenda for September 18th.
Mr. Sweatt advised that this
Truth in Taxation Act. It is
formal action to accomplish
establishing these dates.
is a formal i ty under the Uniform
necessary for you to literally take
this item and the next item by
Mrs. Stanhope ITL<2...Yl3d to place a proposal to adopt the tax rate on
the agenda for September 18, 1990 meeting. Mr. Potempa seconded
the motion. which carried with the following vote:
AYES:
NAYS:
Councilmembers Potempa, Stanhope and Marsh.
None
# 10
PUBLIC HEARING DATE:
Mrs. Marsh ~Qy~g to schedule a public hearing on the Tax Rate for
September 11, 1990. Mr. Potempa seconded the motion, which
carried as follows:
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AYES:
NAYS:
Councilmembers Potempa, Stanhope and Marsh
None
Mr. Sweatt reminded Council that this is required to be the only
item on this agenda.
#11 9-1-1 BUDGET: Consider and take action regarding Bexar
9-1-1 budget.
Mr. Sweatt called attention to the Bexar 9-1-1 proposed budget in
Council's packets, saying that the City of Schertz does not pay
direct I y for support of this budget. This is funding through a
charge on the phone bill for each customer as a 23 cent charge to
provide for 9-1-1 service. This year the total income for the
district is $1,953,912. The district has asked that each
participating entity take action to affirmatively approve the
budget or whatever action they consider appropriate.
Mr. Potempa moveg to approve the Bexar 9-1-1 Metro District
budget. Mrs. Stanhope seconded the motion, which carried as
follows:
AYES: Councilmembers Potempa, Stanhope and Marsh
NAYS: None
# 12 CITY MANAGER · S REPORT:
would be pleased to know that we
permits for this last weekend
letters are being sent to those
in violation of City ordinance.
acceptance once the word gets out.
A. Mr. Sweatt said Council
have issued two garage sale
six signs were removed and
property owners who placed signs
We believe there will be good
B. Call your attention to the Randolph Metrocom Commerce Fair
scheduled for October 11th at our Community Center.
C. We have responded to the City of Universal City's
to participate in their Veteran Council Parade Day.
furnished information regarding our float and intention
City of Schertz being represented in that parade.
invitation
We have
for the
# 13 ITEMS BY COUNCIL: Mr. Potempa asked if our current
garbage collector has a performance bond with the City. Mr.
Sweatt said yes, our original contract call s for a performance
bond.
Mrs. Marsh: A.
Greater Austin-San
September - hosting
important meeting.
There is a big meeting coming up with the
Antonio Corridor Council on the 14th of
will be Motorola Corporation. This is a very
They are going to discuss a strategic plan.
#14
to have
signs.
ITEMS BY MAYOR: Mayor Pro Tern asked the City Manager
the Street people get out and start checking street
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#15 ADJOURNMENT: Mr. Potempa mQy~g the meeting be
adjourned at 7:35 p.m. - motion was duly seconded and carried.
_~~L~dt>1~~~_
Mayor Pro Tern, City of Schertz
ATTEST: