02-18-2003 CITY COUNCIL MINUTES
REGULAR SESSION
FEBRUARY 18, 2003
The Schertz City Council convened in Regular Session on Tuesday, February 18, 2003 at
7:00 p.m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Schertz,
Texas. Those present were Mayor Hal Baldwin, presiding; Councilmembers Carl
Douglas, Steve Simonson, Reglnna Agee, Tony Wilenchik and Ken Greenwald. Staff
present were City Manager Mark Marquez and City Secretary Norma Althouse.
Mayor Baldwin welcomed everyone, including students from Ms. Briscoe's government
class, and asked them all to rise and join him in the Pledge of Allegiance to the Flag.
#1 Introduction of new Police Department employees.
Police Chief, Steve Cantrell, introduced Police Officers Rodolfo Acuna and Carlos
Toboada and Dispatcher Jennifer Holm and gave their backgrounds and experiences.
The Mayor and Council welcomed the new employees to the City.
#2 HEARING OF RESIDENTS
Robert Brockman of 4505 Grand Forrest had the following comments:
Reminded the City Manager he had given him felt pads at a previous meeting.
Referred to Item #9 on the agenda and thought it should say 4-Wheel Drive Backhoe
versus 4-Wheel Backhoe. Everyone agreed.
Said it's getting harder and harder to find fault with the City.
#3 APPROVAL OF MINUTES: Special Workshop Session 1-15-03
Regular Session 1-21-03
Special Workshop Session 1-29-03
Regular Session 2-04-03
Mr. Greenwald moved to approve the minutes, as written, for the Special Workshop
Session of 1-15-03, the Regular Session of 1-21-03, the Special Workshop Session of 1-
29-03 and the Regular Session of 2-4-03. Mrs. Agee seconded the motion, which carried
with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None.
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~4 ORDINANCE: Consider and take action on final reading of Ordinance calling
General Election for May 3, 2003.
Mayor Baldwin introduced an Ordinance and read the caption as follows:
ORDINANCE NO. 03-E-07
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, CALLING AN
ELECTION TO BE HELD ON MAY 3, 2003 FOR THE PURPOSE OF
ELECTING THREE (3) COUNC1LMEMBERS FOR SAID CITY.
Mi Simonson moved to approve the final reading of an Ordinance calling a General
Election for May 3, 2003. Mr. Douglas seconded the motion, which carried with the
following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None.
#5 ORDINANCE: Consider and take action on first reading of Health Ordinance.
Mayor Baldwin introduced an Ordinance and read the caption as follows:
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING
THAT THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS, CHAPTER
7 1/2, HEALTH, BE AMENDED BY DELETING CHAPTER 7 1/2, HEALTH,
AND REPLACING SAME WITH A REVISED CHAPTER 7 1/2, HEALTH;
PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
Mr. Marquez advised they made some changes in the fees and a few other changes,
which are addressed in the memo from Leonard Truitt, City Inspector. They are
following safe food-handling procedures.
Mayor Baldwin expressed the hope they are providing relief for non-profit organizations.
Mr. Marquez referred to the band boosters and said everyone doesn't have to take the
Food Handling Course, just the supervisor. Mayor Baldwin then asked if the course is
$14.00 and was told that's correct. It was verified that if the fees are an Exhibit, then if
they change, the Ordinance doesn't have to be changed.
Mr. Greenwald moved to approve the first reading of the Health Ordinance. Mrs. Agee
seconded the motion, which carried with the following votes:
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AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None.
//6 Consider and take action on Resolution regarding process for Drainage Utility
District.
Mr. Wilenchik noted this had been discussed at the workshop last week and information
had been distributed regarding the fee structure.
Mr. Marquez recommended Council set April 1, 2003 as the public hearing date. He
then commented this process was first discussed in 1998/99 and now we're up against a
deadline with very little choice. We're being very austere in our approach.
Mr. Simonson stressed the information about this should be in the Newsletter. Mr.
Marquez agreed, saying they are making arrangements to put it in the March Newsletter
and then to put a flyer in the April water bills.
Mayor Baldwin introduced a Resolution and read the caption as follows:
RESOLUTION NO. 03-R-02
A RESOLUTION SETTING A PUBLIC HEARING WITH RESPECT TO THE
POSSIBLE CREATION OF A DRAINAGE UTILITY SYSTEM FOR THE CITY
OF SCHERTZ AND ITS EXTRATERRITORIAL JURISDICTION AND
AUTHORIZING PUBLICATION OF NOTICE THEREOF.
Mr. Greenwald moved to approve the Resolution set-ting a public hearing with respect to
the possible creation of a drainage utility system for the city of Schertz and its
extraterritorial jurisdiction and authorizing publication thereof. Mr. Wilenchik seconded
the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None.
Mayor Baldwin reminded everyone the public hearing on this would be April 1, 2003.
#7 RESOLUTION: Consider and take action on Resolution regarding Quality of Life
Bond Issue.
Mr. Marquez commented this is a grass roots program. They have put together a team
and a packet to start the process. Two forums will be held in March. Letters are going
out requesting bonding authority as opposed to issuing bonds for the entire amount. The
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City will not issue bonds until they have the revenue stream to pay for them. It could
take as long as 5-7 years if we don't have the revenue stream to issue bonds. There could
be a slight increase in the tax rate.
Mr. Marquez went on to say this Resolution is intended to show support by City Council.
Mr. Wilenchik thought that was a good idea. Mr. Greenwald mentioned it's been needed
for a while.
Mayor Baldwin introduced a Resolution and read the caption as follows:
RESOLUTION NO. 03-R-03
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, SUPPORTING
PASSAGE OF A QUALITY OF LIFE BOND TO FINANCE ADDITIONAL
RECREATIONAL FACILITIES FOR THE CITIZENS OF SCHERTZ.
Mr. Wilenchik moved to approve a Resolution regarding a Quality of Life Bond Issue.
Mr. Greenwald seconded the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
//8 BID AWARD: Consider and take action awarding bid for Wiederstein Road
Project.
Mr. Marquez informed Council they had budgeted $350,000 for the project and the
combined bid (including alternate items for the reconstruction of the road from Schertz
Parkway to Forest Ridge) came in at $403,960.05. The alternate items have to do with a
culvert as opposed to a low water crossing. The culvert will be between Texas Shine and
the Barshop property on FM 3009.
John Bierschwale, Asst. City Manager, explained a $47,000 increase is due to the
requirements by TXDoT and a $7,000 increase is due to engineering fees. Mr. Marquez
stressed it is too important of a project not to proceed.
Mayor Baldwin observed we're about $53,000 short budgetwise. If we can't find the
funds in the right place, we will have to go to the reserve funds. Mr. Greenwald
commented it's sort of like another non-funded mandate.
Mr. Simonson indicated that when Texas Shine built, they were told it was okay, but now
there are changes. We need to consider if it's a necessary project and remember it's
important to connect Wiederstein all the way as an alternate road to IH-35.
Mayor Baldwin asked why it has to be a covered ditch and Mr. Bierschwale replied
because of safety issues. Mr. Greenwald wondered why TXDoT didn't put in
underground drainage all the way along FM 3009 when they redid it. Now they're
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putting the onus on us and it irks him. Mr. Bierschwale reminded everyone we're saving
approximately $72,000 from the previous bid.
Mr. Greenwald moved to award the bid for the Wiederstein Road/FM 3009 Intersection
project to Capital Excavation Company in the amount of $403,960.05. Mr. Wilenchik
seconded the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None.
#9 Discussion and possible action on awarding bid for 4-Wheel Drive Backhoe with
Extendahoe.
Sam Willoughby, Public Works Director, was present and told Council it is
recommended the bid for the 4-Wheel Drive Backhoe with Extendahoe be awarded to
Equipment Depot in the amount of $55,444.00. Two bids were received on this item.
Mr. Greenwald moved to award the bid for the 4-Wheel Backhoe with Extendahoe to
Equipment Depot in the amount of $55,444.00. Mrs. Agee seconded the motion, which
carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None.
#10 APPOINTMENT: Consider and take action appointing Carl Douglas as liaison to
the Economic Development Commission.
Mr. Marquez advised that Amy Madison, Economic Development Director, had included
a memo in Council's packet recommending the appointment of Carl Douglas as liaison to
the Economic Development Commission. Mr. Douglas had served on the Commission
for two years.
Mr. Greenwald moved to appoint Carl Douglas as liaison to the Economic Development
Commission. Mrs. Agee seconded the motion, which carried with the following votes:
AYES: Councilmembers Simonson, Agee, Wilenchik and Greenwald.
NAYS: None.
ABSTENTIONS: Councilmember Douglas
#11 Items by City Manager
General Announcements
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Said he had included, in Council's packets, a copy of the call volume, in various areas,
for the month of January 2003. He thought Council would find it interesting.
Noted a timetable for the upcoming May 3, 2003 election was also included in the
packets. One applicant, George Mower, has already filed.
Speaking of timetables, Mayor Baldwin asked if we're still on schedule for the
Certificates of Obligation and Mr. Marquez replied yes.
Mentioned the Audit Committee met today. Discussion of and approval of the audit will
be on the next workshop agenda and then also the agenda of the following regular
meeting.
Reported he had a meeting today with the lawyers from the Schertz/Seguin Local
Government Corporation. The Corporation needs 1.8 million dollars to finish the two
wells already started and they have to act relatively quickly. The issue is that the permits
will expire if they don't act on them. There will be a discussion about possible funds at
the next workshop. Mr. Greenwald added the site is already taken care of, it's just a
matter of drilling the wells.
Reminded Council they have information relative to the "Big Splash" on February 20th
in their packets. Mr. Bierschwale commented the water from the pipeline is flowing
today. It was supposed to have flowed last Friday, but they had to flush the system. Mr.
Bierschwale also told Council they are putting out information regarding dialysis
machine calibration and fish tanks. Mayor Baldwin suggested Edmond Ortiz get this
information published in the Herald Newspaper for people who use dialysis machines.
#12 Items by City Council
General Announcements
Councilmember Douglas
Mr. Douglas had nothing to report.
Councilmember Simonson
4-B Board
Liaison BVYA
Said we need to see if there's more room in the Community Center for workshops since
more citizens are attending them. Mr. Marquez pointed out the Community Center
Conference Room is already carpeted - they just need to check into a recording system.
Councilmember Agee
4-B Board
Liaison Schertz Housing Authority
Liaison Schertz Library Board
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Asked if Council thinks they should look at having a Strategic Planning Session. Mr.
Marquez wondered if there's a month coming up with a 5th Tuesday or Wednesday and
was told by the City Secretary that April has a meeting-free week because of the way the
calendar falls.
Councilmember Wilenchik
4-B Board
Liaison Schertz Humane Society
Liaison HOA Coalition
Repmted he and Chief C antrell attended a Homeowner's Association meeting where a lot
of concern was expressed about traffic and safety.
Councilmember Greenwald
4-B Board
Ex-officio P&Z Commission
Ex-officio S/SLGC
Told Mr. Marquez to make sure he has alternates plans for the Big Splash on Thursday
because they are predicting rain. Mr. Marquez assured him arrangements have been
made.
#13 Items by Mayor
General Announcements
Boasted he will become a great-grandfather tomorrow afternoon.
#14 ADJOURNMENT
There being no further business to discuss, Mayor Baldwin adjourned the meeting at
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ATTEST:
City Secretary, City of Schertz, Texas
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