ccreg 12-18-01
Schertz City Council- Regular Session
Tuesday, December 18, 2001
The Schertz City Council convened in regular session on Tuesday, December 18,
2001 at 7:00pm in the Municipal Complex Conference Room, 1400 Schertz
Parkway, Schertz, Texas. The following members were present: Mayor Hal
Baldwin, presiding; Councilmembers Norma Head, Billy Pitts, Reginna Agee, and
Ken Greenwald. Staff members present were City Manager Dewey Cashwell and
Deputy City Secretary Mary Ybarra.
Mayor Baldwin called the meeting to order at 7:00pm and asked everyone to rise and join
him in the Pledge of Allegiance to the Flag. After the Pledge, a Proclamation was
presented to Ed Hilldorf (Coach Ed) ofBVY A recognizing his years of leadership.
Mayor Baldwin then introduced several members of the Schertz Christmas Committee-
Kim Moss, Jackie Corbier, John Olsen, City Staff-Steve Simonson, Amy Madison, Mary
Ybarra and Ken Greenwald.
Before award presentation, Mayor Baldwin introduced his family: son, Bill, daughter-in-
law, Wanda, granddaughter, Kelsey, grandson, Billy, son-in-law, Kevin, daughter, Lynn,
granddaughter, Beckah and wife Barbara.
Mayor Baldwin, Steve Simonson and Amy Madison were in charge of award
presentations. The winners each received a plaque, and/or a gift certificate from a Schertz
merchant. The winners were as follows:
Creativity - First Place-2520 Hidden Grove-M.L. & Pamela Williams.
Creativity-Second Place-46 I 6 Flagstone-Larry & Tricia Brendle.
Subdivision Entrance-First Place-Carolina Crossing
Subdivision Entrance-Second Place-Greenshire
Theme-First Place-521 Exchange-James Hiebert
Lighting-First Place-1308 Circle Oak Dr-Bill & Wanda Baldwin.
Lighting Second Place-1313 Circle Oak Dr-Fred & June Hensley.
Judges Award-First Place-4601 Flagstone-Carol Hooper
Business Lighting-First Place-908 Curtiss-G.V.E.C.
Mayor Baldwin thanked the participants for their enthusiasm and commented how
beautiful Christmas decorations were throughout the city.
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#1
Hearing of Residents:
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Mayor Baldwin noted several Samuel Clemens students that were present as part of a
school project, and asked if anyone would like to speak. There were no takers.
Mr. George Mower spoke on the following,
I. Glad to see the council operating in a democratic way- running by the agenda,
2. He hadn't applied for council vacancy, passed this time around.
Robert Brockman spoke on the following,
I. Council meetings conflicting with School Board meeting, held at same time.
2. Who is responsible for changing city population signs,
3. Gators (City owned) on sidewalk,
4. No indication of "no outlet" nor "dead in" at Beck St.,
5. Wiederstein Road extension not entirely a 60' right-of-way, a portion will drop
down to two lanes.
Mr. Marquez, (Management Services) explained a portion of the road (60' ROW) is to be
a two-lane country standard road. Mr. Ford, City Engineer added that portion of
Wiederstein Road within the Forest Ridge (gated) development is to be 42' wide, with a
60' right-of-way, and road will not be a gated access road.
Mr. Brockman commented he understands very well, however believes many Forest
Ridge homeowners bought homes with the understanding that Weiderstein Road would
be developed to Schertz Parkway. It so happens it will not, wants it known, and also part
of the record.
Mayor Baldwin commented he's not sure it isn't. He suggests a meeting with Steve
Simonson (worked with developer) for details on the development.
Mr. Brockman commented on a meeting with Mr. Fluker on Thursday morning to discuss
the community education parking lot (Schertz Elementary). It's full of holes, there is also
no "sign" in parking lot indicating right turn only, an accident waiting to happen. Mayor
Baldwin advised Mr. Brockman the road is private and belongs to the school. Mr.
Brockman thanked the Mayor for information, and added he wasn't aware it was a private
road.
Mayor Baldwin replied to an inquiry from the audience in regard to Wiederstein Road
status. He suggested contacting Mr. Simonson for information, because he did not know
the status.
Mr. Simonson having returned to chambers was asked for an update on Wiederstein
Road, and other related issues.
Mr. Simonson commented as follows,
a. section from FM3009 to end of Barshop Oles property is the end of the Forest
Ridge development.
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b. right-of-way given to the city (from Barshop Oles) with deceleration lane built in,
city will be responsible for building the section.
c. Budgeted for section behind Forest Ridge (Live Oak Hills) to put two 12' lanes
(asphalt overlay).
d. Cost in the Public Works budget, amount is not known.
It was suggested update on Wiederstein Road be placed on a future workshop agenda.
#2 Consider and take action on filling council vacancy for Tim Swinney.
Mayor Baldwin explained candidates were contacted and all expressed interest in filling
council vacancy.
Mayor Baldwin asked if council had any recommendations at this time.
Mr. Greenwald moved to appoint Tony Wilenchik to fill Tim Swinney's vacancy. Mrs.
Head seconded the motion, which carried with the following votes:
A YES: Councilmembers Head, Pitts, Agee and Greenwald.
NAYS: None
#3 Review and take action on the travel reimbursement policy.
Mayor Baldwin recounted that discussion at last workshop session concluded that the
travel reimbursement policy would conform to the IRS rate.
Mrs. Agee moved to approve the travel reimbursement policy. Ken Greenwald seconded
the motion, which carried with the following vote:
A YES: Councilmembers Head, Pitts, Agee and Greenwald.
NAYS: None.
#4 Consider and take action on parkland fee conditions for Northcliff II
Subdivision.
Mr. Cashwell explained that this is a unique opportunity for the city. Because of the city
requirement of Parkland fee's of $225/per lot developed (394 lots), the developer in this
case is committing to dedicate (to the city) 2.675 acres (renovated pool, recreational
facility, etc.) at a cost of $86,650. In the event the cost is less, developer agrees to pay the
difference, with no loss to the city.
Mr. Greenwald moved to accept the parkland fee provISIon from Northcliff II
Subdivision. Mr. Pitts seconded the motion, which carried with the following votes:
AYES:
Councilmembers Head, Pitts, Agee and Greenwald.
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NAYS:
None.
#5 Consider and take action on awarding bid for Live Oak Plant 12 MGD Pump
Station.
Mr. Cashwell advised that the city went out for bids in favorable bid market and received
a low bidder (R.P. Constructors) with total bid of $ I, I 60,000,000. Weare asking council
to award bid to R.P Constructors.
Mr. Pitts moved to award bid to R.P. Constructors in amount of $1,160,000,000 for the
Live Oak Plant 12 MGD Pump Station. Mrs. Agee seconded the motion, which carried
with the following votes:
AYES: Councilmembers Head, Pitts, Agee and Greenwald.
NAYS:
None.
#6 RESOLUTION: Consider and take action regarding Multiple Use
Agreement between TXDOT and the City of Schertz.
Mr. Cashwell advised the agreement would be between the City and TXDOT to provide
flagpole location on FM78 (VFW Post). If council recalls, this agreement is typical for
this type of situation.
Mr. Greenwald moved to approve the Multiple Use Agreement between TXDOT and the
City of Schertz. Mrs. Agee seconded the motion, which carried with the following votes:
AYES: Councilmembers Head, Pitts, Agee, and Greenwald.
NAYS:
None.
#7 Review and take action on adopting Racial Profiling Policy for the City of
Schertz.
Mr. Cashwell advised the policy is the result of a new State legislature requirement.
Police departments throughout the State (Texas) are to establish a racial profiling policy.
At this time, Mr. Cashwell gave a detailed definition and advised a policy review by
Fulbright & Jaworski satisfied principal provisions.
Mrs. Head moved to approve the adoption of Racial Profiling Policy for the City of
Schertz. Mr. Pitts seconded the motion, which follows with the following votes:
AYES: Councilmembers Head, Pitts, Agee and Greenwald.
NAYS: None
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#8 Consider and take action on demolition cost for fire station in the amount of
$5,850.
Mr. Cashwell advised funds were appropriated in last city budget, however with the
project not being complete until this year, it caused funds to go back into the budget. For
this reason, we ask re-appropriation of funds (from fund balance) of $5, 850. Mr.
Cashwell clarified asbestos removal and passage of time is the reason for the change from
$4,900 to $5,850.
Mr. Greenwald moved to approve the cost for fire station demolition in the amount of
$5,850. Mrs. Head seconded the motion, which carried with the following votes:
A YES:Councilmembers Head, Pitts, Agee, and Greenwald.
NAYS:
None.
#9 Discuss and take action on letter in support of affordable housing for senior
citizens in Schertz.
Mr. Cashwell explained "Spirit Builders, Inc." contracted to purchase 30 plus acres
adjacent to Northcliff Subdivision golf course. Spirit desires to develop property, request
zoning approval (Multi-family) development for approximately 7 acres of affordable
multi-family rental property. Plans for 168 units (24 units/acre) of class A quality,
designed exclusively for active senior citizens (55 years and over). Development
affordabiIity is provided through federal tax credit award to the development partnership
conducted by Texas Department of Housing and Community Affairs. "Spirit Builders,
Inc" are seeking support from council in order to move forward in an effort to acquire tax
credit. Support in form of a letter from city stating proposed development fulfills need of
additional affordable rental housing, whether plan document is in place or not, or written
statement of support from Mayor/councilor resolution in support of development.
Mr. Gilbert from Spirit Builders, Inc. explained the process is competitive. Tax credits
are highly sought and added it's a worthwhile effort to provide affordable housing for
either family or senior oriented housing. Mr. Gilbert added that it's a taxable development
providing a tax base for the city.
He further explained the rental rate would be no greater than 30% of income determined
by household size. Rents are restricted, determined annually by HUD, and reduced by a
utility allowance that is determined by the local Housing Authority.
In brief discussion it was determined development would balance the project to make it
economically feasible and increase scoring level, the development will attempt 50 %
median and 60% median. Primarily 60% median would make the project work, with
developer dedicating a portion of project to market rate units. It was determined the
project would develop 6 acres of property with no more than 16-18 units per acre. The
development phase would include office, recreational facility with computer center,
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exercise facility, counseling non-profit and profit, to assist all residents, each phase with
it's own facility.
Without further discussion, Billy Pitts moved to approve all documentation of support for
affordable housing for senior citizens in Schertz as presented by Meadows of Northcliffe,
Spirit Builders, Inc. Mrs. Agee seconded the motion, which carried with the following
votes.
Ayes: Councilmembers Head, Pitts, Agee and Greenwald.
Nays: None.
#10 Recommend consideration for fiscal support for the Students in Christ's
Youth Center.
Mr. Cashwell eXplained the Executive Director Rosalind Harris has been before council
at last meeting where she explained purpose and mission of the youth center. If council
recalls, the center is operating in the Old Goofy Golf building on Oak Street. She made
mention of needs that are going unmet due to resources (grants, etc.) not becoming
available until March 2002. For this reason, the center is seeking support in the amount of
$8,050 to cover rent, utilities, renovation materials and incidental supplies covering a 3-
month period.
Mayor Baldwin stated he regrets city attorney Michael Spain not being present. His
concerns are legal issues: contribution to a 501 c (3) organization, and government and
religion issue. Where does the city stand regarding commitment of city funds to an
organization? Can it be done? Also, if cash contribution is given to one, the city may be
inundated with other requests.
Ms. Harris explained the grant process and indicated matched funds would be needed
from the city. The grant application is due January 11,2002. Mayor Baldwin emphasized
the organization must know whether the city will be able to match funding before
submitting application. He surely doesn't want to discourage anyone and understands it's
much needed in the community.
Mayor Baldwin stated it was his impression that the City Manager, Mr. Cashwell, and
Ms. Harris had met to possibly resolve these issues. Mr. Cashwell commented that he and
Ms. Harris had met, however not all matters were resolved.
In a brief discussion about who is entitled to use the facility. Mayor Baldwin commented
it is his opinion that due to name of the organization it gives the impression of a Christian
organization. Ms. Harris indicated the facility may be used by anyone from any
denomination and anyone between the ages of 10 to 18.
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Mr. Greenwald inquired about counseling staff. Ms. Harris replied there will be three
certified counselors on staff. Ms. Harris added that the organization by law maintains a 5-
year budget and would eventually pay their staff.
Mayor Baldwin suggests Ms. Harris meet with City Manager, Dewey Cashwell, to
possibly resolve these issues. Mr. Cashwell stated he would be happy to meet with Ms.
Harris and also contact Mr. Spain City Attorney.
Mr. Cashwell indicated any contribution would have to be made from the city's reserve,
and at this time there is no identified source as part of the budget. He plans to present a
policy plan at mid year (budget) for this purpose.
Ms. Agee questioned if the organization is for Schertz residents only, because tax dollars
(contributions) should stay in the city.
Billy Pitts voiced concern in regard to fucility location. It is in the floodplain. He would
very much like to see the organization work with city staff to possibly relocate. Ms.
Harris replied the location is only temporary.
At this time, Mayor Baldwin reiterated that Ms. Harris schedule a meeting with Mr.
Cashwell to discuss these issues. Mr. Cashwell stated he would do so.
At this time, Mayor Baldwin asked Mr. Cashwell to speak on the selection of Interim
Chief of Police. Mr. Cashwell announced that Lt. Beverly Todd was chosen as Interim
Chief of Police. We are hoping for not more than 60 days until a replacement is hired.
Chief Smith commented that Lt. Beverly Todd came to the city as a reserve officer in
1989. In 1997, promoted to Lt., to serve over the patrol division, where she has served
outstandingly.
Ken Greenwald reported on traffic counter/ speed catcher. It's been placed on Schertz
Parkway. He added it's a very good piece of equipment and will serve the community
well.
Mr. Cashwell also reported on acquisition of an undercover vehicle that will be coming
for council approval in the near future.
#1 I Adjournment: There being
adjourned the meeting at 8:35pm.
-,
no furthe.~us' ess to discuss, Mayor Baldwin
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Mayor, City of Schertz, Texas
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, City of Schertz, Texas
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