ccreg 02-19-1991
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REGULAR MEETING OF THE CITY COUNCIL
FEBRUARY 19, 1991
The Schertz City Council convened in Regular Session, Tuesday,
February 19, 1991 at 7:00 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, Mary Marsh and Ken Greenwald. Absent:
Barbara Stanhope. Staff present were City Manager Kerry Sweatt
and City Secretary June Krause.
After opening the meeting, Mayor Sawyer asked everyone to join
him in the Pledge of Allegiance.
#1 APPROVAL OF MINUTES: A.
B.
Special Meeting of 1-9-91
Regular Meeting of 1-15-91
Mrs. Marsh moved to approve the minutes of the Special Meeting of
January 9th and the Regular Meeting of January 15, 1991. Mr.
Potempa seconded the motion, which carried with the following
vote:
AYES:
NAYS:
Councilmembers Potempa, Baldwin, Marsh and Greenwald
None
#2 HEARING OF RESIDENTS: none
#3
Probation
report.
JUVENILE PROBATION REPORT: Maribeth Powers, Juvenile
Officer for Guadalupe County, to give her annual
Mrs. Powers introduced Mr. Bud Hayes, who is their representative
in Schertz and has been located here for nine months. She handed
out the Annual Report for 1990, Guadalupe County Juvenile
Probation and Detention Department. She added that the satellite
office in Schertz has been very successful, with the referrals
remaining very steady. She said she particularly wanted to
recognize our Police Department. She said of the 130 referrals,
at least 120 were the results of the fine job done by the police
department. Mrs. Powers said the Schertz Police Department has
been extremel y professional, helpful and cooperative, and she
would like to give a great deal of credit to Chief Norman Agee.
Mrs. Powers then called attention to three things in the report.
The first is the program called Intensive Supervision, which is a
new program for children that are serious offenders. Another
project is the Community Service Restitution. She said it is
impossible to put every child on probation, so they have started
requiring them to do at least four hours of community service _
working at the High School, picking up trash, maybe getting
involved with the Parks Department or something around City Hall.
She said they have insurance liability coverage and they only
pick children who they feel will really gain something from it.
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The third project is that they are forming a County-wide Task
Force on gangs. She said she did not feel there is a major gang
problem, but we do have some copy-cat behavior. She added that
if there was any way she could be of help to Schertz, please call
on her. She added that their cost per child is much lower than
the State average.
Mayor Sawyer thanked Mrs. Powers for coming and added that he
felt she was doing a fantastic job.
#4 AUDIT REPORT: Consider and take action on presentation
of audit by auditors Leal and Ortiz.
Mr. Ortiz said that first he wanted to thank the City Manager and
Financial staff for the fine cooperation they received during
their field work phase of the audit.
He then referred to page 1 of the audit report. Mr. Ortiz said
the Council had retained their firm to do an independent audit of
the financial statements of the City of Schertz. The
responsibility of the financial reports is that of the City
Management and Financial staff. They look to the auditors for
guidance with respect to certain accounting principals and
situations, but total responsibility is the staff's. This page 1
of the audit is the only thing the City gets from the auditors -
their opinion. It essential 1 y says that they have audited the
financial statements in accordance with governmental standards
and that they have issued an opinion. He added that when you
hear "qualified opinion", that is when you should worrYi but he
was glad to inform Council that the opinion has been issued to
Schertz "unqualified". This means that they have looked at the
City's financial statements. our operations with respect to
finances, and that they have found them to be materially correct.
Obviously it is impossible to do a 100% audit, cost wise and time
wisei but they apply certain principals that have been standard
throughout the State and the United States. After they have
appl ied those pr incipl es, they form an opinion. When peopl e
outside the organization read this report, they can say that this
is a fair representation of the City. He added that they had
presented the report to the Audit Committee and have gone to a
workshop to present it to Councili and this presentation is their
formal presentation for acceptance by the Council.
He added that on page 45, he would like to make a point. This
page shows the General Fund operating revenues. The only thing
he would like to point out is the fund balance, especially the
line item called "Excess of revenues over/under expenditures".
In prior years that was a negative $183,000 - this year it is a
positive $159,000 - that represents about a $343,000 turn around
from the previous year. Why did that come about? - he said that
essentially there are two items that make up that turn around. A
combination of an increase in taxes and increase in fines and
forfeitures and some other minor revenue increases plus a
savings of approximately $47,000 in the operating expenses. That
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will increase the fund balance to approximately $34,000. The
$159,000 that was left over after expenditures, means that there
was enough money left over to transfer into debt service to meet
those requirements. Consequently for the year, the fund balance
has increased to $84,000. He said as a rule of thumb, a fund
balance should be about three times your fund balance - that
means our fund balance should be between $250,000 to $253,000.
This is not necessarily a negative point because the City has
come a long way compared to last year. This was accomplished
through the Council's guidance, the Council pol icies and the
management and financial staff's stringent implementation of
budget revisions and actual implementation of the policies into
operating procedures for the City. That is reflected in these
financial statements, especially in the General Fund. He closed
by saying that any time Council had any questions to please feel
free to call him.
Mrs. Marsh said she thought it was time to blow everybody's horn.
Last year she said she could remember sitting there in complete
despair. To think that this was accompl ished in one year's
time from the $183,000 in the hole to the $84,160 is
phenomenal. She said she fel t the City Manager should be highl y
compl imented on the extraordinary work he has done with staff
dur ing this period of time. She said that Council al so added
their expertise to help make this happen and it seems we are now
on the way to recovery.
Mr. Baldwin moveq to accept the audit for fiscal year ending
September 30, 1990 as presented by the auditors Leal, Cartier and
Rocha. Mrs. Marsh seconded the motion, which carried with the
following vote:
AYES: Councilmembers Potempa, Baldwin, Marsh and Greenwald.
NAYS: None
#5 BID AWARD: Consider and take action on the following:
A. Street Department i-ton truck with tilt bed and lift
tail gate.
Mr. Sweatt advised that bids were received from five suppliers.
After review, we recommend awarding the base bid to Bl uebonnet
Motors, Inc., including trade-in, and the optional equipment from
Texas Equipment Company.
Mr. Greenwald moved to accept the bid from BI uebonnet Motors,
Inc. for the base bid with trade-in, in the amount of $12,541.62;
and the optional equipment from Texas Equipment Company, in the
amount of $6400 for a total bid price of $18,941.62. Mr. Baldwin
seconded the motion, which carried with the following vote:
AYES:
NAYS:
Councilmembers Potempa, Baldwin, Marsh and Greenwald
None
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B. Water Department 3/4 ton extended cab pickup truck.
Mr. Sweatt said bids were received from six suppl iers. After
review and tabulation, we recommend accepting the bid from
Bl uebonnet Motors, Inc. for the base bid; and the uti 1 i ty body
bid from Texas Equipment Company.
Mrs. Marsh moved to accept the base bid from Bluebonnet Motors,
Inc., in the amount of $12,338.42, including trade-in; and the
bid from Texas Equipment Company for the utility body, in the
amount of $2.503. for a grand total of $14.841.42. Mr. Greenwald
seconded the motion.
Mrs. Marsh said this again is another example of staff not 'just
taking the bids at face value but going out and finding the best
one.
On Mayor Sawyer calling for a vote on the motion, it carried as
follows:
AYES: Councilmembers Potempa, Baldwin, Marsh and Greenwald
NAYS: None
#6 ORDINANCE: Mayor Sawyer introduced an ordinance and
read the caption as follows:
AN ORDINANCE
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BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, AMENDING THE CODE OF ORDINANCES CITY
OF SCHERTZ, CHAPTER 10, ARTICLE VI, SECTION
10-100 DEFINITIONS, SECTION 10-101 PERMIT
REQUIRED, SECTION 10-102 APPLICATION FOR A
PERMIT; SECTION 10-103 PERMIT COST; AND
REPEALING ALL ORDINANCES IN CONFLICT
Mrs. Marsh mo_y'~g to accept the first reading of an ordinance
amending the garage sale ordinance. Mr. Greenwald seconded the
motion.
Mr. Sweatt said this amendment attempts to broaden the stated
definitions, to make certain that the definition is clarified to
include churches and non-profit organizational bazaars. It adds,
in the definition, neighborhood garage sale wording, as well as
charitable or non-profit wording; clarifies that a permit is
required for a neighborhood garage sale or non-profit or
charitable sale. It provides for sale conducted outside the city
limits for signs to be placed within the city limits, within
certain conditions. It further provides that, in those instances
in which a neighborhood garage sale is planned, an appl ication
may be made by an individual property owner within the area. It
also makes provisions for clarification in the permit costs and
the price for additional signs.
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Mayor Sawyer then called for a vote and the motion carried as
follows:
AYES: Councilmembers Potempa, Baldwin, Marsh and Greenwald
NAYS: None
# 7 RESOLUTION: Mayor Sawyer introduced a resol ution and
read the caption as follows:
RESOLUTION NO. 91-R-3
A RESOLUTION BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS REQUESTING THE GUADALUPE
COUNTY COMMISSIONERS COURT TO ESTABLISH THE
CITY OF SCHERTZ AS ONE OR MORE DISTINCT
VOTING PRECINCTS.
Mr. Potempa moved to approve the resolution requesting the
Guadal upe County Commissioners Court to establ ish City voting
precincts. Mr. Greenwald seconded the motion, which carried with
the fOllowing vote:
AYES:
NAYS:
Councilmembers Potempa, Baldwin, Marsh and Greenwald
None
Mr. Sweatt said this resolution anticipates questions being
brought before the Commissioners Court. Under the State Election
Code certain boundary changes in election precincts are normally
studied in March and April 'in each odd numbered year. Based on
our population, it would seem appropriate that the County
Commissioners Court divide the election precinct in such a way
that onl y the residents of the City of Schertz, in Guadal upe
County, are divided into one or more election precincts. This
would have nothing to do with the Commissioners Court precinct or
any other lines but would simply represent the election
precincts.
#8 RESOLUTION: Mayor Sawyer introduced a resol ution and
read the caption as follows:
RESOLUTION NO. 91-R-4
A RESOLUTION BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS, AUTHORIZING THE CITY
MANAGER TO SIGN ALL DOCUMENTS IN CONNECTION
WITH THE RIGHT OF WAY ACQUISITION FOR FM 3009
Mr. Baldwin moved to approve the resolution authorizing the City
Manager to sign all documents in connection with the right of way
acquisi tion for FM 3009. Mrs. Marsh seconded the motion, which
carried with the fOllowing vote:
AYES: Councilmembers Potempa, Baldwin, Marsh and Greenwald
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NAYS: None
#9 EXECUTIVE SESSION: Mayor Sawyer called an executive
session under Article 6252-17, Section 2 (e) Vernon's Texas Civil
Statutes to consul t with the City's attorney with respect to
pending Schertz-Garden Ridge litigation at 7:28 p.m.
The Regular Session was reconvened at 8:01 p.m.
#10 Consider and take action. if any. on the above
executive session item.
Mayor Sawyer declared that no action would be taken as this was a
briefing only.
# 11 CITY MANAGER'S REPORT: He announced the Chamber of
Commerce Board of Directors meeting, Wednesday, February 20th at
1:00 p.m. at the Oak Grove Square Executive Suites Conference
Room.
# 12 ITEMS BY COUNCIL: Mr_._.--f9tl?mp~ asked that the memo on
Drug testing be placed on the next workshop agenda.
Mr. Greenwald referred to the newsletter article regarding the
Spr ing Clean Up. He said he took his first load up the day
before and it looks a lot better this year. They sort everything
and help you. Mr. Potempa said he noticed they check your
driver's license when you go up there to be sure you are a
Schertz resident.
#13 ITEMS BY MAYOR: Mayor Sawyer said he wanted to pass on
that BVYA appreciated everyone's participation in the sausage
lunch they had.
#14 ADJOURNMENT: Mrs. Marsh mQ~~g the meeting be adjourned
at 8:05 p.m., with Mr. Potempa seconding the motion, which
carried with a unanimous vote.
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ATTEST: