ccreg 04-16-02
REGULAR MEETING
APRIL 16, 2002
The Schertz City Council convened in Regular Session on Tuesday, April 16,2002
at 7:00 p.m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway,
Schertz, Texas. Those present were Mayor Hal Baldwin, presiding; Councilmembers
Norma Head, Billy Pitts, Reginna Agee, Tony Wilenchik and Ken Greenwald. Staff
present were City Manager Dewey P. Cashwell, Jr and City Secretary Norma Althouse.
Mayor Baldwin welcomed all the students to the meeting and then asked everyone to rise
and join him in the Pledge of Allegiance to the flag.
#1 HEARING OF RESIDENTS
Robert Brockman of 4505 Grand Forest commented on the following:
Expressed dissatisfaction with the way the new member of the Board of Adjustment was
chosen, considering there was only one slot open. Mayor Baldwin asked if he was
unhappy with just the selection process and Mr. Brockman replied no, the whole thing
was kind of loose as far as parliamentary procedure goes.
Mentioned that the sign in front of the Police Department says the landscaping is
maintained by the Woodland Oaks Garden Club. Mrs. Head noted she thinks the Garden
Club maintains only the bed of flowers, shrubs, etc. that face Schertz Parkway.
Remarked that on a sign at the Animal Shelter, the word violence is spelled incorrectly.
The lube place noted on a message that Animal Control needs a spell checker.
Upon checking at the library, he found they have a copy of the City Code, but not the
UDC. Mr. Cashwell promised to check it out.
Leon Jones of 1301 Chestnut Drive had signed up to speak on Items 7 and 9, but agreed
to wait until those items come up.
#2 APPROVAL OF MINUTES:
Workshop Session 2-13-02
Regular Session 2-19-02
Mrs. Head moved to approve the minutes for the Workshop Session of 2-13-02 and the
Regular Session of 2-19-02. Mrs. Agee seconded the motion, which carried with the
following votes:
AYES: Councilmembers Head, Pitts, Agee, Wilenchik and Greenwald.
NAYS: None.
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#3 ORDINANCE: Consider and take action regarding first reading of Ordinance
amending Article VII of the Code of Ordinances, Garage Sales.
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 OF THE CITY OF SCHERTZ, TEXAS BE
AMENDED BY REVISING CHAPTER 10, MISCELLANEOUS OFFENSES AND
PROVISIONS, ARTICLE Vll, GARAGE SALES, SECTION 10-102 (c), SECTION
10-102 (d) AND SECTION 10-103 (a) (b) and (d); PROVIDING AN EFFECTIVE
DATE; AND PROVIDING A REPEALING CLAUSE.
Mr. Cashwell deferred to City Inspector, Leonard Truitt. Mr. Truitt indicated this
Ordinance is pretty much housekeeping items, such as the number of signs and the cost
of permits. Mayor Baldwin asked if they're raising the fees and Mr. Truitt replied yes.
Mrs. Agee moved to approve the first reading of an Ordinance amending Article VII of
the Code of Ordinances, Garage Sales. Mr. Greenwald seconded the motion, which
carried with the following votes:
AYES: Councilmembers Head, Pitts, Agee, Wilenchik and Greenwald.
NAYS. None.
#4 ORDINANCE: Consider and take action on first reading of Ordinance amending
Chapter 16 of the Code of Ordinances, Streets and Sidewalks.
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 OF THE CITY OF SCHERTZ, TEXAS BE
AMENDED BY REVISING CHAPTER 16, STREETS AND SIDEWALKS,
ARTICLE 1, IN GENERAL, SECTION 16-5 (a) and (b) AND SECTION 16-6;
PROVIDING AN EFFECTIVE DATE; AND PROVIDING A REPEALING
CLAUSE.
Mr Cashwell deferred to City Inspector, Leonard Truitt. Mr. Truitt explained this
Ordinance has to do mainly with the regulation of portable basketball hoops.
Mr. Pitts moved to approve the first reading of an Ordinance amending Chapter 16 of the
Code of Ordinances, Streets and Sidewalks. Mrs. Head seconded the motion, which
carried with the following votes:
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AYES: Councilmembers Head, Pitts, Agee, Wilenchik and Greenwald.
NAYS. None.
#5 ORDINANCE: Consider and take action on first reading of Ordinance amending
Ordinance 98-L-34, Alcoholic Beverages.
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 OF THE CITY OF SCHERTZ, TEXAS BE
AMENDED BY REVISING CHAPTER 3, ALCOHOLIC BEVERAGES,
SECTION 3.2 (c); PROVIDING AN EFFECTIVE DATE; AND PROVIDING A
REPEALING CLAUSE.
Mr. Cashwell deferred, once again, to City Inspector, Leonard Truitt. Mr, Truitt
commented the Inspection Department, instead of the City Secretary Department, would
now be issuing Alcoholic Beverage Permits.
Mayor Baldwin inquired if they had raised the fees and Mr Truitt replied they had not.
Mr. Greenwald moved to approve the first reading of an Ordinance amending Ordinance
98-L-34, Alcoholic Beverages. Mrs. Agee seconded the motion, which carried with the
following votes:
AYES: Councilmembers Head, Pitts, Agee, Wilenchik and Greenwald.
NAYS. None.
#6 ORDINANCE: Consider and take action canceling an election.
Mayor Baldwin introduced an Ordinance and read the caption as follows:
ORDINANCE NO. 02-E-4
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, DECLARING
THE UNOPPOSED CA..cI..d>>ATE FOR THE OFFICE OF MAYOR AND THE
UNOPPOSED CANDIDATES FOR PLACES 1 AND 2 ON COUNCIL AS
ELECTED; PROVIDING THAT THE MAY 4, 2002 GENERAL ELECTION FOR
MAYOR AND CITY COUNCILMEMBERS PLACES 1 AND 2 SHALL NOT BE
HELD; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT THEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; FINDING AND DETEm.iH....IG THAT THE
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MEETING AT WHICH THE ORDINANCE WAS PASSED WAS OPEN TO THE
PUBLIC AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE.
Mayor Baldwin asked if this Ordinance was according to State law and Mr. Cashwell
replied yes - it meets the statutes.
Mrs. Agee moved to approve the Ordinance canceling the election of May 4,2002. Mr.
Greenwald seconded the motion, which carried with the following votes:
AYES: Councilmembers Head, Pitts, Agee, Wilenchik and Greenwald.
NAYS: None.
#7 SOCIAL SERVICES AGREEMENT: Consider and take action regarding
Students in Christ Youth Center agreement and the City of Schertz.
Mr. Cashwell advised the agreement basically states that during its term of May 1,2002
until September 30, 2002, the City will not charge the Students in Christ Youth Center
for water and wastewater services at their location of 1201 Oak Street. He went on to say
the agreement satisfies statutory requirements for in-kind services in return for
water/sewer services. Michael Spain, City Attorney, added they are pro-bono services.
Mr. Greenwald move4 to approve the Social Services Agreement between the Students in
Christ Youth Center and the City of Schertz. Mr. Wilenchik seconded the motion, which
carried with the following votes:
AYES. Councilmembers Head, Pitts, Agee, Wilenchik and Greenwald.
NAYS: None.
At this time, Mayor Baldwin moved Item #9 up for the next topic of discussion.
#9 Discuss and take action on a request from Youth in Christ for the City to resurface
the Center's parking lot.
Mr Cashwell related he had just learned about this request at the last workshop. It is not
in the language of the Social Services contract. Public Works has provided an estimate of
$3279.98 for the project.
Mayor Baldwin asked if Public Works would be doing the labor in house and John
Bierschwale, Public Works Director, replied yes.
Mr. Pitts inquired how many youth from Schertz are being serviced by the Youth in
Christ center. Mr. Leon Jones (who had signed up for the Hearing of Residents and
decided to wait until particular items that pertain to him came up) replied 13 families are
involved in various types of counseling and they are all from Schertz.
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Mr. Pitts asked Mr. Bierschwale how much money was in the budget to help BVY A and
was informed approximately $7,000 Mr. Pitts then questioned if we maintain their
parking lot. Mr Bierschwale replied it belongs to the City Mayor Baldwin noted this
request causes him concern because it is improvement to private property and sets a
precedent for other businesses.
Mrs. Agee asked about the possibility of a lease option on the City's part. Mr. Cashwell
admitted they could possibly enter into a lease option al5-'""...ent. Mrs. Agee thought an
arrangement like that would be preferable.
Mr. Greenwald asked when funding is anticipated. Mr. Jones replied he could not say.
Mr. Wilenchik inquired if $2000 in materials constitutes in-kind services, the same as
money. Mr. Cashwell answered he doesn't think so, but it might be something they want
to consult with the City Attorney about.
Mayor Baldwin suggested that perhaps a private contractor like Austin Bridge or Murphy
and J.D. Jones could contribute materials and labor for the parking lot. Mrs. Agee
mentioned those are some ideas for Mr. Cashwell to explore. Mrs. Head suggested
giving Mr. Jones a list of contacts.
Mr Greenwald moved to table this request from Youth in Christ for the City to resurface
the Center's parking lot until other options are investigated. Mr. Wilenchik seconded the
motion, which carried with the following votes
AYES. Councilmembers Head, Agee, Wilenchik and Greenwald.
NAYS: Councilmember Pitts.
#8 Consider and take action on amendments to FY 2001-2002 budget, mid-year
adjustments.
Mr. Cashwell reminded Council this is a semi-annual process and nothing has changed
since the workshop session last week. A number of pages constitute adjustments to
revenue and expenditures. Worksheets were provided to Council in their packets. Water
and Sewer and General Fund are in good shape . The Police Department is requesting
three new officers, the Fire Department is requesting three new employees and Public
Works is requesting three new employees. Also, the Inspection Department is requesting
one additional Code Enforcement Officer and Rohen Pierce is requesting one additional
Information Technology person.
Mr. Wilenchik moved to approve the requested mid-year adjustments to the FY 2001-
2002 budget. Mr. Pitts seconded the motion, which carried with the following votes:
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AYES Councilmembers Head, Pitts, Agee, Wilenchik and Greenwald.
NAYS. None.
#10 Consider and take action approving purchase of Dr, Hemal's property for right-of-
way in the amount of $12,000.
Mr. Cashwell indicated to Council this action is in conjunction with right-of-way for
Dietz Creek. Mr Bierschwale stated Council originally approved $15,000, but they were
able to settle for $12,000. He distributed a map for Council to see. Mr. Bierschwale
went on to say a couple of towers would need to be adjusted and GVEC and LCRA are
concerned about washouts. He and Mr. Cashwell both agree the purchase of this property
is necessary for the project.
Mr. Greenwald moved to approve the purchase of Dr. Hemal's property in the amount of
$12,000. Mrs. Agee seconded the motion, which carried with the following votes:
AYES. Councilmembers Head, Pitts, Agee, Wilenchik and Greenwald.
NAYS: None.
Before adjournment, Councilmember Wilenchik asked if appointing a new liaison to the
Schertz Humane Society should be an agenda item. Pia Jarman is moving out of town.
Council agreed it should be placed on the agenda.
Mr. Cashwell thanked Council for working through the mid-year budget process. They
have a new Police Chief, Steve Cantrell, and still need to fill the position of Leisure
Services Director.
#11 ADJOURNMENT
There being no further business to discuss, Mayor aldwin adjourned the meeting at
7:43 p.m.
Mayor, City of Schertz, Texas
ATTEST
~~/1.&~
City! Secretary, City of Schertz, Texas
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