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ccreg 02-19-1991 ^ 156 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. / .,., c~7' i.n 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 .\ i5H \ 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 / "''''''0 100' 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 ~ 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. 160 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 / ^ 161 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. /!~~~~ ATTEST: