11-19-2002 CITY COUNCIL MINUTES
REGULAR SESSION
NOVEMBER 19, 2002
The Schertz City Council convened in Regular Session on Tuesday, November 19, 2002
at 7:00 p.m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway,
Schertz, Texas. Those present were Mayor Hal Baldwin, presiding; Councilmembers
Steve Simonson, Reginna Agee, Tony Wilenchik and Ken Greenwald. Staff present were
City Manager Mark Marquez and City Secretary Norma Althouse.
Mayor Baldwin asked everyone to rise and join him in the Pledge of Allegiance to the
Flag.
#1 HEARING OF RESIDENTS
Gerald Lee of 309 Mitchell and Richard Shelton of 422 Twinpoint had both signed up to
speak on Item #7, disposition of the Boy Scout Hut, and wanted to wait until that item
comes up for discussion.
Robert Brockman of 4505 Grand Forest had the following comments:
At the Playscape Sunday morning, someone needed to use the restroom, but the
porta-potties were gone and the restroom was locked. Mr. Marquez promised to
check into the schedule. Perhaps a sign could be put up when they're open.
· Noticed quite a few cars in the parking lot behind the Community Center. John
Bierschwale, Asst. City Manager, stated that when the Community Center is
rented out by someone, they have one hour to get out after their time is up.
· Inquired if'the City is going to advertise the opening on the Planning and Zoning
Commission and on City Council. Mr. Marquez indicated they would be
advertised in the newspapers. Mr. Brockman thought it would be nice if they
were put out front on the bulletin board behind the glass.
· Mentioned how hard it is sometimes for traffic to get out onto FM 3009 from Eli
Whitney, Cyrus McCormick and Kinzel (up by Autumn Winds Retirement
Lodge).
Rita Russell of 528 Main St. asked what is going on next to her. The lot says no parking
or your vehicle will be towed away. Mr. Marquez said he would have the Inspection
Department check into it.
Ms. Russell then stated she had received a notice about an SOB (Sexually Oriented
Business) and wondered if one is going in. Mayor Baldwin explained t s just a pubhc
hearing notice. Mr. Greenwald noted they have to send one to everyone in the areas
zoned for General Business.
#2 PUBLIC ItEARING: To receive citizen comments regarding a request for a
Specific Use Permit at 530 Main Street.
Mayor Baldwin explained the procedures to be followed for the public hearing.
Mr. Marquez advised Council Sue Ann Cherrine is requesting additional retail space and
living quarters for her spouse. The staff has no difficulty with this request. Planning &
Zoning had their public hearing last night and approved the request.
Mrs. Cherrine of Sue's Stitch-N-Sew explained she is requesting a Specific Use Permit
for a small living addition at the rear of her business at 530 Main St. that will allow her to
provide assisted care for her spouse during the course of the business day.
Mr. Greenwald asked how many letters had been sent out. The City Secretary replied six
(6) had been mailed out and two (2) were returned in favor of the request.
Robert Brockman wondered how this would affect the restoration of Main Street. Mr.
Marquez replied he doesn't see any detriment at all to the original buildings.
Mr. Greenwald explained the idea behind a Specific Use Permit is it applies only to the
person who requests it. Once they leave, it goes away. A new occupant would have to
reapply. Mr. Brockman asked how long the Specific Use Permit is good for and was
told by Mayor Baldwin for as long as the Cherrines own the property. Mr. Brockman
then wondered what happens if one spouse dies and the other remarries. Who monitors
it? Main Street is strange. It has lots of variations. He doesn't oppose the request. He
asked if there are lots of others. Mr. Marquez replied there are not.
There being no further questions or comments, Mayor Baldwin closed the public hearing
at this time.
#3 SPECIFIC USE PERMIT: Consider and take action on above request.
Mr. Greenwald moved to approve the request from Sue Ann Cherrine of 530 Main Street
for a Specific Use Request as presented. Mr. Wilenchik seconded the motion, which
carried with the following votes:
AYES: Councilmembers Simonson, Agee, Wilenchik and Greenwald.
NAYS: None.
#4 ORDINANCE: Discuss first reading of Ordinance calling an election.
A brief discussion was held regarding the upcoming Special Election on February 1, 2003
to fill the unexpired term of Councilmember, Place #1. The dates for filing are from
December 2, 2002 until January 2, 2003. Early voting will be held from January 15,
2003 through January 28, 2003.
Council indicated their readiness to vote on this Ordinance at next week's workshop
meeting.
#5 APPOINTMENTS: Consider and take action appointing two (2) Housing
Authority Commissioners.
Mr. Simonson moved to approve the appointments, as Housing Authority
Commissioners, of Earl W. Sawyer who succeeds himself and the term expires January 1,
2005 and of Margaret O'Docharty who succeeds Lawrence Dixon and the term expires
on January 1, 2005. Mr. Greenwald seconded the motion, which carried with the
following votes:
AYES: Commissioners Simonson, Agee, Wilenchik and Greenwald.
NAYS: None.
#6 RE-APPROPRIATION: Consider and take action on re-appropriation of budget
funds for the following:
a. Purchase of City vehicles
b. Updating Code
Mr. Marquez advised Council these items had been appropriated in last fiscal year's
budget. Mr. Wilenchik iquired where the money would come from. Mr. Marquez replied
it's in the fund balance from last year and the additional funds are in this year's balance.
As far as the Code, there was a delay because the City Attorney thought we might need to
go out for bids, After review of the contract, he determined we would come in under
$25,000 and not need to go out for bids, $15,000 was encumbered last fiscal year. The
addition money needed will come out of this fiscal year's budget.
Regarding the police vehicles, the purchase and delivery was delayed due to
manufacturing problems, That required the funds be re-appropriated and carried forward
to the 2003 FY budget.
Mrs. Agee moved to approve the re-appropriation of budget funds encumbered for the
purchase of City vehicles and for the updating of the Code. Mr. Greenwald seconded the
motion, which carried with the following votes:
AYES: Councilmembers Simonson, Agee, Wilenchik and Greenwald.
NAYS: None.
//7 Discussion and possible action regarding disposition of the Boy Scout Hut.
Rick Shelton, President of the Scouting Association and Gerald Lee, Scout Leader, were
present for the discussion.
Mr. Marquez stated the City owns the Boy Scout Hut. Mayor Baldwin wondered if the
building could be jacked up and moved to another location because it can't stay in the
floodplain. Mr. Wilenchik admitted we don't need the liability. Mr. Greenwald was
willing to give them a reasonable amount of time if the building can be moved. Mr.
Wilenchik questioned if the City could assist in the physical move of the building.
Mr. Marquez indicated his willingness to show Mr. Shelton other City properties for
consideration. Mrs. Agee questioned getting into the assisting business. That may mean
we would have to assist the Students in Christ Youth Center.
Mr. Lee pointed out the Scouts didn't abandon the building. They went on the
assumption it was going to be destroyed. He understands FEMA came through with 75%
of the relocation costs. Mr. Marquez said that's incorrect. The FEMA representative will
be in town tomorrow and we are meeting with him. The last grant request was
denied. Mayor Baldwin indicated he also understood FEMA was going to give us the
money to relocate the building. Mr. Marquez informed the Mayor FEMA withdrew.
Mr. Simonson asked if the building could be jacked up. They have been told it didn't
shift on its foundation. Can we spend the money to see if it's feasible to move it? We
have to get it out of the floodplain. Mrs. Agee pointed out they don't need a motion to
spend the money because the building belongs to the City.
Mayor Baldwin didn't have any problem with seeing if it could be moved. He would like
to see Council take the position not to let anyone use the building.
Mr. Simonson moved not to allow anyone to use the Scout Hut until it meets floodplain
standards. Mr. Greenwald seconded the motion, which carried with the following votes:
AYES: Councilmembers Simonson, Agee, Wilenchik and Greenwald.
NAYS: None.
Mr. Marquez told Mr. Shelton to keep in mind the building they may find has to be
approved by City Council.
//8 Items by City Manager
General Announcements
Reported they have encountered their first glitch in the software conversion process. It is
in the utility billing program. There will be delays in getting cycles out. This system
won't allow us to go ahead if there are errors. We are making allowances for penalties
and due dates.
Presented Mr. Wilenchik with a City pin.
Mentioned they are looking at redesigning the markings on City vehicles.
Reminded everyone the ribbon cutting ceremony for the Senior Program is this Thursday
at 11:30 a.m. at the Community Center.
#9 Items by Council
General Announcements
Councilmember Simonson
4-B Board
Liaison to BVYA
Mr. Simonson had nothing to report.
Councilmember Agee
4-B Board
Liaison to Schertz Housing Authority
Liaison to Schertz Library Board
Mrs. Agee reported attending the Housing Authority meeting last night. It was short and
brie£ They are expecting 100 attendees at their Thanksgiving dinner.
Councilmember Wilenchik
4-B Board
Liaison to Schertz Humane Society
Liaison to HOA Coalition
Mr. Wilenchik reported attending the HOA meeting at Oak Trails with Gall Douglas and
Tony Wilson. They did a bang up job.
The Humane Society black tie and tails did well, but mot as well as expected. They
adopted out six (6) animals, but none of them were black. They were all shelter animals.
Councilmember Greenwald
4-B Board
Ex-officio Planning and Zoning Commission
Ex-officio Schertz/Seguin Local Government Corp.
Mr. Greenwald stated the Local Government Corporation will meet this Thursday in
Seguin, They have been asked to get some programs for the kids. Perhaps they could
provide some land for them on which to let their farm animals graze.
#10 Items by Mayor
General Announcements
Asked Mr. Greenwald about the article in the Seguin paper today regarding a loan for the
Local Government Corporation. Mr. Greenwald replied they would discuss it at their
meeting on Thursday. They need to run a line under the river bridge and need money to
do it.
Apologized for missing the black tie and tails event for the Humane Society. He had
already agreed to attend a benefit for a nurse at Wiederstein School who is ill with
cancer. They raised $50,000.
There being no further business to discuss, Mayor Baldwin adjourned the meeting at 7:50
p.m.
Mayor, City of Schertz, Texas
ATTEST:
City Secretary, City of Schertz, Texas
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