ccrg 06-18-02
Schertz City Council – Regular Session
Tuesday, June 18, 2002
The Schertz City Council convened in regular session on Tuesday, June 18,
2002 at 7:00pm in the Municipal Complex Council Chambers, 1400 Schertz
Parkway, Schertz, Texas. The following members were present: Mayor Hal
Baldwin, presiding, council members Norma Head, Reginna Agee, and Tony
Wilenchik. Absent were council member Pitts and Greenwald. Staff members
present were City Manager Dewey Cashwell and Deputy City Secretary Mary
Ybarra.
Mayor Baldwin called the meeting to order at 7:00 p.m. and asked for everyone
to rise and join him in the Pledge of Allegiance to the Flag.
At this time, Mr. Cashwell, City Manager introduced a new member to the City of
Schertz staff, Director of Leisure Services, Jason Hall. Mr. Hall comes from
Round Rock, Texas, with very strong credentials, a degree in Recreation
Administration from Southwest Texas State University.
Mr. Hall stated that he is very excited to be part of Schertz and added that he has
a big job ahead of him and is looking forward to get started.
# 1HEARING OF RESIDENTS
Robert Brockman, 4505 Grand Forest signed up to speak on the following;
1. Concern with school zone signs and offered suggestions. Possible
signage stating days and hour schoolchildren are present. He believes this
type of signage is necessary not only in this city but all other cities.
Councilwomen Agee mentioned that the school district may go to three
different times.
2. In regard to secondary effects resulting from the operation of sexually
oriented businesses in the city, Mr. Brockman has more concern with the
primary effects.
Mr. Salas, 1041 Gettsburg, had signed up to speak on agenda item #3. Mr. Salas
was advised that he could comment at this time, however item #3 is a public
hearing and citizen comments would be take at that time. Mr. Salas agreed to
wait until those items come up and thanked council.
#2 APPROVAL OF MINUTES:
Regular Session April 16, 2002
Councilwomen Agee moved to approve the minutes of the regular session of
April 16, 2002. Councilmember Wilenchik seconded the motion, which followed
with the following votes:
AYES: Councilmembers Head, Agee, and Wilenchik.
NAY: None.
#3 PUBLIC HEARING:
To receive citizen comments, suggestions, and
recommendations to address the secondary effects resulting from the operation
of sexually oriented businesses in the city.
The procedures were explained that would be followed for the public hearing.
Mr. Cashwell explained that because activity on the subject has been in the
media lately, the city decided to review the city ordinance on this subject. A
committee was formed to review the ordinance and studies measuring impact on
communities. The committee will report to council on their findings and produce
revision to the current ordinance.
Mr. Spain, City Attorney explained that it would be unconstitutional to outlaw
st
these businesses, under the 1 amendment of the United States. Under the
amendment these businesses are protected. However, it is permissible to set
regulations: such as time, place and manner of operation. These regulations
however, can not be so strong that the business can not do business in the city.
He added that the committee will focus on problems the city is trying to protect;
not only the citizen, patron, but also the employee of these type of businesses.
Mayor Baldwin asked the difference between primary and secondary effect. Mr.
Spain commented it's difficult to explain, for instance there would be effects to
property value, versus direct crime resulting from this type of business, so we
could say the more direct effect to a community would be primary, the more
indirect moves to secondary.
Skip Wiggins, spokesman for the committee informed council review of studies
on the subject and impact and regulations thereof were done. Such studies from
fifteen cities, half of which were Texas cities. After discussion, study and
counseling from legal counsel to better understand the dimensions of the law, the
committee concluded, sexually oriented businesses frequently have negative and
deleterious effects upon the health, safety, morals, general welfare and economy
of communities. Upon these findings, it is imperative to impose reasonable
restrictions on this type of business. The committee believes a well-crafted and
current ordinance is essential to the future well being of the community. The
committee is committed in drafting a satisfactory ordinance revision and will be
ready to delivery for council consideration prior to second public hearing on July
2, 2002. Mr. Wiggens thanked the committee and staff for their assistance.
The floor was opened for citizen comments at this time.
Mr. Salas, 1041 Gettsburg Drive, stated that it will be a sad day in Schertz for
damage this type of business will do to our community.
Mayor Baldwin stated that council would be ready to review proposed ordinance
at next council meeting.
Without further discussion, the public hearing was closed at 7:30 p.m.
#4 ORDINANCE:
Consider and take action on final reading of ordinance
providing for deannexation of .97 acres of land within corporate limits of he City
of Schertz.
Mr. Cashwell asked item be removed from the agenda, staff is not prepared to
continue at this time.
# 5Consider and take action on the following with Schertz Business
th
Association regarding 4 of July Jubilee.
A. Variance on closing time of City Park;
B. Resolution designating particular area and particular dates for
which alcoholic beverages may not be brought into or removed
from Pickrell Park; and
C. Contract.
It was noted that this item was discussed at workshop session of June 12, 2002.
Without further discussion, Councilwomen Head moved to approve the variance
on closing times of City Park to 12 midnight for days of July 3 -July 7,
Councilwomen Agee seconded the motion, which carried with the following
votes:
AYES: Councilmembers Head, Agee, and Wilenchik.
NAY: None.
Councilwomen Agee moved to approve resolution designating particular area
and particular dates for which alcoholic beverages may not be brought into or
th. .
removed from Pickrell Park for days of July 3 & 4 Councilmember Wilenchik
seconded the motion, which carried with the following votes:
AYES: Councilmembers Head, Agee, and Wilenchik.
NAY: None.
Councilwomen Head moved to approve contract with Schertz Business
Association. Councilwomen Agee seconded the motion, which carried with the
following votes:
AYES: Councilmembers Head, Agee, and Wilenchik.
NAY: None.
# 6 ORDINANCE:
Consider and take action on first reading of
amendment to Code of Ordinances regarding rules for manufacture of frozen
desserts (soft-serve products).
It was mentioned this item was discussed at last workshop and without further
discussion, Couniclwomen Agee moved to approve the first reading of
amendment to Code of Ordinances regarding rules for manufacture of frozen
desserts (soft-serve products). Councilmember Wilenchik seconded the motion,
which followed with the following votes:
AYES: Councilmembers Head, Agee, and Wilenchik.
NAY: None.
#
RESOLUTION:
7 Consider and take action on resolution designating
Schertz Randolph Neighborhood.
Mayor Baldwin introduced a resolution and read the caption as follows:
RESOLUTION 02-R-7
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
ADOPTING AN AREA AS A NAMED NEIGHBORHOOD AS A COMPONENT
OF THE CITY'S COMPREHENSIVE 20-YEAR LAND USE PLAN.
Councilmember Wilenchik moved to approve the resolution adopting an area as
a named neighborhood as a component of the city's comprehensive 20-year land
use plan. Councilwomen Head seconded the motion, which carried with the
following votes:
AYES: Councilmembers Head, Agee, and Wilenchik.
NAY: None.
# 8 Consider and take action on policy voiding stale-dated checks.
Without further discussion on this issue, Councilmember Wilenchik moved to
approve the policy voiding stale-dated checks of 180 days old. Councilwomen
Head seconded the motion, which carried with the following votes:
AYES: Councilmembers Head, Agee, and Wilenchik.
NAY: None.
# 9 Award of contract on bids received for Live Oak Water Plant
Distribution water main.
It was mentioned that this item was discussed at last workshop and that letter of
recommendation from Ford Engineering to except bid from Pipelayers, Inc. in the
amount of $213,227.20 be approved.
Councilwomen Agee moved to award bid to Pipelayers, Inc. in the amount of
$213,227.20 for the Live Oak Water Plant Distribution water main. Councilwomen
Head seconded the motion, which carried with the following votes:
AYES: Councilmember Head, Pitts, Agee, Wilenchik and Greenwald.
NAY: None
# 10 Discussion on nomination of Candidate for Hometown Hero Award.
Mayor Baldwin advised council that he would submit his candidate by deadline
date and asked council if they had anyone in mine to please do so by the
deadline date. Councilwomen Head advised that her candidate had declined.
#11EXECUTIVE SESSION:
Called under Chapter 551 Texas Government
Code, Sub-Section 55.074 Personnel Matters-to deliberate evaluation of City
Manager.
An Executive Session was held from 7:45 p.m. to 9:05 p.m.
#12 Action, if any, on above Executive Session.
No action was taken, due to the absence of councilmembers Pitts and
Greenwald. Council asked that an Executive session be placed on the next
agenda to discuss this matter.
Before adjournment, Councilmember Wilenchik commented that he would
undergo knee surgery July 12, 2002.
Mr. Cashwell informed council that he would be attending the Texas City
Managers seminar being in held in San Antonio, on Thursday, Friday and
Monday and would be out of office at times on those days. He would be back and
forth attending some sessions.
#13Adjournment
There being no further business to discuss, Mayor Baldwin adjourned the
meeting at 9:10 p.m.
________________________
Mayor, City of Schertz, Texas
ATTEST:
_____________________________________
Deputy City Secretary, City of Schertz, Texas