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ccreg 09-04-1990 27 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 .. 28 \ 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: )' /. '];0 """,,j 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. ^ \ \ \ 30 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. I. I ) x €21' UI 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: 1\ 32 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 ) /. 33 #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: