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REGULAR MEETING OF THE CITY COUNCIL
FEBRUARY 5, 1991
The Schertz City Council convened in Regular Session, Tuesday,
February 5, 1991 at 7:20 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; Hal Baldwin; Barbara Stanhope; Mary Marsh and Ken
Greenwald. Staff present were City Manager Kerry Sweatt, City
Attorney Michael Spain and City Secretary June Krause.
#1 APPROVAL OF MINUTES: A. Special Meeting of 1-9-91.
Mrs. Stanhope moveg to approve the minutes of the Special Meeting
of January 9, 1991. Mrs. Marsh seconded the motion, which
carried with the following vote:
AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and
Greenwald
NAYS: None
#2 HEARING OF RESIDENTS: None
#3 PROCLAMATION: Mayor Sawyer had read the proclamation at
the beginning of the BOA Hearing.
At this point, Mayor Sawyer asked to move to item #8 in order to
not delay Mr. Bob Sohn of the New Braunfels Utilities.
#8 N .B. UTILITIES CONTRACT: Consider and take action on
final contract with New Braunfels Utilities regarding sewer
outfall line construction.
Mr. Sweatt said he felt this represents a record day for the two
cities by entering into an agreement to construct a sewer
colI ection line and purchase treatment capacity in a treatment
plant operated by New Braunfels Utilities. This is the
culmination of about a four-year program in which we have worked
hard to develop sewer service capability to the 1H-35 North area.
He said there had been a number of discussions and this agreement
constitutes the final acceptance by all parties. The net result
of this contract will provide essentially for the City to
participate in the cost of laying a major outfall line, which
will bring sewer service to the North 1-35 area. The City of
Schertz will, from the termination of the contract construction
work of this job, lay another roughly 6000 feet of line into our
ci ty. Property owners along this area are now discussing the
further extension of some 7000 feet of line, which will bring
sewer service to the entire area. We believe this to be a red-
letter day.
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Mr. Bob Sohn said that is it very gratifying for them to deal
with another Municipality in the spirit that Schertz has always
treated them in terms of these negotiations that have gone on for
several years. It usually is difficult for two municipalities to
come to an agreement such as this. He said the Council should be
highly complimented for their attitude. He said he felt it is a
win-win for everyone; and that he hoped this is the beginning of
many years of cooperation. Mr. Sohn then introduced the Board
President Mr. Mornhinweg, the Vice-President Mr. Gomez and
Finance Director Mr. Thompson.
Mr. Mornhinweg echoed Mr. Sohns words, saying
pleased that they are able to cooperate with the
and he felt it would be a mutual benefit to both
Schertz and citizens of New Braunfels.
they are very
City of Schertz
the citizens of
Mrs. Marsh mQv~g to approve the agreement with New Braunfel s
Util i ties regarding the sewer outfall line construction. Mr.
Greenwald seconded the motion, which carried as follows:
AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and
Greenwald.
NAYS: None
#4 RESOLUTION: Mayor Sawyer introduced a resol ution and
and read the caption as follows:
RESOLUTION NO. 91-R-l
A RESOLUTION BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS, AUTHORIZING THE CITY
MANAGER TO EXECUTE PAYMENT REQUEST FORMS AND
OTHER DOCUMENTS IN ACCORDANCE WITH PUBLIC
PROPERTY CONTRACTUAL OBLIGATION ESCROW FUND
CITY OF SCHERTZ, TEXAS SERIES 1991.
Mr. Greenwald !l1Qv~g to approve the resol ution authorizing the
City Manager to execute Payment Request Forms in accordance with
Public Property Contractual Obligation Escrow Fund City of
Schertz, Texas Series 1991. Mr. Baldwin seconded the motion,
which carried with the following vote:
AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and
Greenwald.
NAYS: None
#5 RESOLUTION: Mayor Sawyer introduced a resol ution and
read the caption as follows:
RESOLUTION NO. 91-R-2
A RESOLUTION BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS, SUPPORTING AND APPROVING
THE CANYON REGIONAL WATER AUTHORITY'S
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APPLICATION FOR A FEDERAL GRANT TO FUND
CONSTRUCTION OF WATER TRANSMISSION PIPELINES
TO SERVE THREE WATER SUPPLY CORPORATION
MEMBERS.
Mrs. Marsh IDoved to approve the resolution supporting the Canyon
Regional Water Authority's Application for a Federal Grant. Mr.
Potempa seconded the motion, which carried as follows:
AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and
Greenwald.
NAYS: None
#6 SAFES: Consider and take action on charge-offs for
first quarter 1990 SAFES accounts, in the amount of $6,702.92.
Mrs. Stanhope moved to approve the charge-offs for the first
quarter of 1990 SAFES accounts, in the amount of $6,702.92. Mr.
Baldwin seconded the motion, which carried as follows:
AYES:
NAYS:
deceased.
Councilmembers Baldwin, Stanhope, Marsh and Greenwald
Mr. Potempa, with the exception of the five who are
Mrs. Marsh said her vote was very rel uctantl y given and with
disgust.
Mr. Greenwald added that the citizens need to know that when the
rates go up next year, this is why.
Mayor Sawyer said we still intend to make every effort to collect
these charges from people who will not pay SAFES ambulance when
they come get them and transport them to save their lives. He
said we would like to notify those people who have outstanding
bills to come in and pay, without us going after them with court
action.
#7 POLICE POLICY: Consider and take action on a
Rider/Observer Police vehicle policy.
Mr. Sweatt said we propose that the Council endorse this policy
in the police service that basically says we will not have
riders. However, certain exceptions can be made upon application
to the Police Chief and showing a good and valid reason for which
the exception would be made. There are a number of conditions
outlined in the policy statement that speaks to the safety and
concern of both the rider and police officer himself. We believe
this policy will enable the Police Chief to control, yet also
allow riders under certain conditions. A rider/observer could be
a member of the City Council, a member of a Police cadet program,
perhaps a person working on a degree in the criminal justice
program or perhaps a person who wanted to be sure they wanted to
make application to a police department or police reserves.
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Mr. Baldwin ITlQ_Y.~<i to adopt the rider/observer police vehicle
pol icy. Mrs. Marsh seconded the motion, which carried with the
following vote:
AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and
Greenwald.
NAYS: None
#9 ORDINANCE: Mayor Sawyer introduced an ordinance and
read the caption as follows:
ORDINANCE NO. 91-E-3
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS, CALLING AN ELECTION TO BE
HELD ON MAY 4, 1991, FOR THE PURPOSE OF
ELECTING THREE (3) COUNCILMEMBERS.
Mrs. Stanhope m9V~~ to approve the ordinance calling an election
for May 4, 1991 as an emergency measure. Mr. Potempa seconded
the motion, which carried with the following vote:
AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and
Greenwald.
NAYS: None
#10 CITY MANAGER'S REPORT: A. He reminded everyone of a
very important hearing that is scheduled for February 13th at
7:30 pm at the Rocky Hill Baptist Church on 1-35. The Texas
Department of Highways and Public Transportation will be holding
a public hearing on the construction plans and improvements of 1-
35 from FM 3009 North to New Braunfels.
# 11 ITEMS BY COUNCIL: ML~_~p.-9~~!Tl.1?a : A. He wanted to
publicly recognize and thank members of the Schertz Business Club
who put yellow ribbons up on the telephone pole on FM 78, Main
Street and Schertz Parkway - Doris Courtney, Micky Tereletsky and
Councilwoman Mary Marsh.
B. He announced that the Trail Riders I I uncheon was held this
date at the rest stop on 1-35 and thanked the members of the
Council for both today and for showing up the previous night to
help cook. Also the dance will be at the VFW this night.
ML!__Bald~i.n reported on the meeting he and Mr. Jim Shriver
attended at Pat's Place the day before, between the taxing
entities and the Appraisal District. Most of the taxing
jurisdictions were represented, the Appraisal District had
representatives, the County was represented. Mayor Bauder's
concern was about the property on FM 3009 that was reduced in
value from some $9000 an acre by the Appraisal Review Board to
some $4900 an acre by the Chief Appraiser, and the loss of dollar
value by the City of Cibolo and the Schertz-Cibolo-Universal City
School District and the County on that. Mrs. Fox of the
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Appraisal District understands the consternation she caused in
taking that action - not the action she took in val uing the
property but the action in not notifYing any taxing entities.
She has stated that she would not do that again and the Appraisal
District Board adopted a policy the previous night that will not
allow that to happen again. Mr. Baldwin said the real concern is
the unnecessary alerting of a lot of people that live on FM 3009.
He said people need to understand the tract in question is a
large tract and the average value per acre on a total large tract
is usually lower than a two acre tract. He said overall it was
an honest mistake the appraiser made and everyone fel t she is
dOing an outstanding job.
# 12 ITEMS BY MAYOR: Mayor Sawyer said he wanted to re-
emphasize that we are all extremely upset about the non payment
of SAFES bills.
#13 ADJOURNMENT: Mr. Baldwin moveg the meeting be
adjourned at 7:40 p.m., and Mrs. Marsh seconded the motion which
carried with an unanimous vote.
ATTEST:
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Mayor, City of Sc
tz
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