ccwks 05-01-02
CITY COUNCIL WORKSHOP SESSION
MAY 1, 2002
The Schertz City Council convened in Workshop Session on Wednesday, May 1, 2002 at
7:00 p.m. in the Municipal Complex conference room, 1400 Schertz Parkway, Schertz,
Texas. Those present were Mayor Hal Baldwin, presiding; Councilmembers Billy Pitts;
Reginna Agee; Tony Wilenchik and Ken Greenwald. Absent: Councilmember Norma
Head. Staff present were City Manager Dewey P Cashwell, Ir. and City Secretary
Norma Althouse.
#1 PROCLAMATIONS
Two Proclamations were presented. The first was to Dr. Charles Kemble, designating
Mayas Elderly Abuse Prevention Month in the City of Schertz. Dr. Kemble noted he
works with a lot of coalitions and elderly abuse is a serious problem.
The second Proclamation was to honor all municipal clerks during the week of May 6
through 10. City Secretary, Norma Althouse, accepted the Proclamation on their behalf.
#2 HEARING OF RESIDENTS
Robert Brockman of 4505 Grand Forest, referring to an item on the agenda, stated he
didn't know it took a public hearing to remove a junked vehicle. City Inspector, Leonard
Truitt, acknowledged that according to our ordinance, it does require a public hearing.
The item will be stricken from the agenda, however, because the vehicle has been
removed.
Mr Brockman then asked about restrooms at the Playscape and was told plans for them
are in the works.
Fire Chief, Elroy Friesenhahn, spoke about a recent fire in the City of Schertz and
stressed how proud we should be of Schertz fire and rescue teams. The fire was in full
bloom when rescue teams arrived. There was also response from Universal City and
Cibolo. If it had not been for Rodger Olsen and his wife, who were driving by and
noticed smoke coming from the residence, there would have been three fatalities. Mayor
Baldwin suggested inviting the Olsen's to a Council meeting to receive an
accommodation for their quick actions.
Roberto Salas of 1041 Gettysburg reported that the Live Oak Apartments are infested
with roaches. They have been since 1985 Mr. Truitt advised him he would turn the
problem over to the Health Inspector.
Councilmember Greenwald mentioned that the gentleman from Bradzoil reapplied for
moderation to his sign, but the moderations he was requesting were against the ordinance.
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Mr. Cashwell introduced new Police Chief, Steve Cantrell, who said he and his wife were
happy to be here and he was happy to have the opportunity to serve.
#3 Discuss fiual reading of Ordinance amending Article VII of the Code of
Ordinances, Garage Sales.
Mayor Baldwin pointed out the first reading of this Ordinance was approved on April 16,
2002. It has to do with the requirements required on an application for a garage sale
permit and the cost of the permit. After being asked by the Mayor, Council agreed they
were ready for the final reading of this Ordinance to be included on next Tuesday night's
agenda.
#4 Discuss final reading of Ordinance amending Chapter 16 of the Code of
Ordinances, Streets and Sidewalks.
Mayor Baldwin once again related that the first reading of this Ordinance was approved
on April 16, 2002. It specifically addresses the placement of portable basketball hoops
on sidewalks, streets or public rights-of-way. Council indicated they were prepared for
this item to be included on next Tuesday night's agenda.
#5 Discuss final reading if Ordinance amending Ordinance 98-L-34, Alcoholic
Beverages.
Mr Truitt explained the Inspection Department would be taking over the issuance of
Alcoholic Beverage Permits currently issued by the City Secretary. This Ordinance
simply addresses the language referring to the City Secretary and adds "or designated
representative."
The first reading was approved on April 16, 2002. Council stated they were ready for
this item to be placed on next Tuesday night's agenda.
#6 Consider and take action on final reading of Ordinance cancelling 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,\.....,IATE FOR THE OFFICE OF MAYOR AND THE
UNOPPOSED CANDIDATED FOR PLACES 1 AND 2 ON COUNCIL AS
ELECTED; PROVIDING THAT THE MAY 4, 2002 GENERAL MUNICIPAL
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; J'J..l\uING AND
DETERlhli\u.\G THAT THE MEETING AT WHICH THE ORDINANCE WAS
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PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND
PROVIDING AN EFFECTIVE DATE.
Mr. Greenwald moved to approve the final reading of an Ordinance cancelling the
Municipal Election scheduled for May 4, 2002. Mrs. Agee seconded the motion, which
carried with the following votes:
AYES. Councilmembers Pitts, Agee, Wilenchik and Greenwald.
NAYS: None.
#7 ORDINANCE: Consider and take action on Ordinance amending tax abatement
agreement between the City of Schertz and TADCO/TRI-COUNTY LTD, and declaring
an emergency.
Mayor Baldwin introduced an Ordinance and read the caption as follows:
ORDINANCE NO, 02-T-5
AMENDING A TAX ABATEMENT AGREEMENT BETWEEN THE CITY OF
SCHERTZ AND TADCO/TRI-COUNTY LTD. AND DECLARING AN
EMERGENCY.
Mark Marquez informed Council that the City of Schertz and T ADCO/Tri-County Ltd.
entered into a Tax Abatement Agreement pursuant to an Ordinance adopted by City
Council on March 6, 2001. The City of Schertz (City) and TADCO (Company) have
agreed to two amendments to the Tax Abatement Agreement:
Section 5 is hereby amended with the addition of the following new Section 5(h):
In the event the Company leases all or part of the improvements to a third party, the City
and the Company agree that the lessee shall be entitled to the benefits of this Agreement
in proportion to the square footage of the property leased by the lessee compared to the
total square footage of the property.
Section 6(e) is hereby amended to read as follows:
The company and/or any lessee of all or a portion of the property shall have the right to
protest and contest any and all appraisals or reassessments of the property or the
improvements and the tax abatement provided for herein for such property shall be
applied to the amount of taxes finally determined, as a result of such protest or contest, to
be due for such property.
Mr. Marquez added that all other terms of the Tax Abatement Agreement continue in full
force and effect.
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Michael Spain, City Attorney, noted that since the original document was approved by
Ordinance, the amendments have to be approved by Ordinance.
Mr. Greenwald indicated he had a problem with declaring an emergency Mr Spain
assured him this document fits all the Charter requirements for an emergency
Mr. Pitts moved to approve the Ordinance amending a Tax Abatement Agreement
between the City of Schertz and TADCO/TRI-COUNTY LID Mr Greenwald
seconded the motion, which carried with the following votes:
AYES: Councilmembers Pitts, Agee, Wilenchik and Greenwald.
NAYS: None.
#8 BID AWARD: Consider and take action on awarding bid for modular furniture.
Mr. Cashwell stressed there is a need to consolidate staff. Several alternatives were
considered and modular workstations seemed the best option.
Four bids were received and it is recommended the bid be awarded to KI Products, also
known as Innovative Office Interiors of San Antonio. Their bid came in at $34,007.99,
but due to some changes may go as high as $36,282.99
Mayor Baldwin inquired if the bids were officially advertised through the City
Secretary's Office and officially opened on the advertised bid opening date. He was
assured that was the case. The Mayor then stated he would prefer getting the
specifications in an agenda packet before being asked to award the bid.
Mr. Greenwald moved to award the bid for modular furniture to KI Products in an
amount not to exceed $36,282.99. Mr. Wilenchik seconded the motion, which carried
with the following votes:
AYES: Council members Pitts, Agee, Wilenchik and Greenwald.
NAYS: None.
#9 Discuss and take action setting a public hearing to remove junked vehicle.
Mr. Cashwell advised the vehicle has been removed, so there is no need to set a public
hearing dare.
#10 Discuss and take action on setting a public hearing date on a request for a
zoning change.
Mr. Greenwald explained that representatives of Schertz Apartment Venture, L.P
appeared before Planning and Zoning on April 23, 2002 and requested a zoning change.
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They have a 30-acre tract and are requesting rezoning for apartments. The Commission
voted to approve the request and forward it to City Council for a public hearing. They
also instructed the representatives to bring better details to the public hearing.
Mayor Baldwin verified they are asking to rezone the entire 30-acre tract and Mr.
Greenwald replied yes. Mrs. Agee wanted to make sure it would not be subsidized
housing and Mr. Greenwald assured her it would not be subsidized.
Mr. Spain mentioned the possibility of the Housing Finance Corporation issuing bonds
for this project if it qualifies.
After a brief discussion, Mrs. Agee moved to set May 21, 2002 as the date for the public
hearing for the rezoning request from Schertz Apartment Venture, L.P. Mr Pitts
seconded the motion, which carried with the following votes:
AYES: Councilmembers Pitts, Agee, Wilenchik and Greenwald.
NAYS: None.
#11 Discuss first reading of Ordinance revising Section 18-76, Maximum Limits on
Specific Streets.
Mayor Baldwin commented the ordinance looks pretty routine to him. A speed limit of
20 mph is being requested for the entire length of Bear Oak, Bench Trail, Canyon Oak,
Chelsea Drive, Chestnut Oak and Turkish Oak. A speed limit of 20 mph is being
requested for Circle Oak and Silver Oak in the entire length of Oak Trails Subdivision
and on Woodland Oaks Drive from Schertz Parkway to Melville Lane. A speed limit of
30 mph is being requested for the entire length of Country Club Drive.
There was discussion about being consistent throughout the City and John Bierschwale,
Public Works Director, said they are always receiving complaints about speeding on
Woodland Oaks Drive. Making it all 20 mph would make things easier.
Mr Greenwald noted this is only discussion of the first reading. It gives the Police Chief
an opportunity to review the speed limit proposals.
Mr. Wilenchik asked if they are changing the speed limits in Northcliffe and Mr
Bierschwale replied they are changing them from 25 mph to 20 mph.
Mayor Baldwin questioned what the scoop is about a cul-de-sac in Oak Trails. Mr.
Bierschwale replied it was not a cul-de-sac, it was dead-ended to future development. It
had to be an approved plat.
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#12 Update on Public Works projects.
Larry Dublin of Ford Engineering was present for the update. Among those items
discussed were Schertz Parkway Construction (which is 5% ahead of schedule), the pilot
channel (we're waiting on Monterrey Medina), FEMA money (possibly looking for it at
the end of June), a gas line which crosses Schertz Parkway which needs to be lowered
because it conflicts with the storm sewer, and dirt removal on Schertz Parkway
Mr. Dublin had provided a chart of the master schedule to Council. They thanked him
for his presentation.
#13 Consider and take action on acquisition of software and hardware.
Mr. Cashwell related that in conjunction with other departments, they have been
reviewing various software programs for Customer Care and Building Inspections and
Licenses. For some time the need for electronic data storage has been evident. The need
for access to public documents by the public is becoming more evident. Mr. Truitt
commented the product they're looking at would tie all the programs together It has a
tracking system.
Mayor Baldwin commented this is the third time Council has heard this story He wants
them to provide Council with a list of at least five cities that are using the program and
are pleased with it.
Mr. Cashwell informed Council that Incode (the system they are looking at) specializes in
government. It is tailored to that market. Judge Padgett speaks well of Incode - she gets
good support from them. Police Chief, Steve Cantrell, said he has heard a lot of good
things about Incode.
Council inquired what action is needed at this time. Mr. Cashwell answered they need
approval to move forward on hardware and software.
Mr. Pitts asked when the changeover would occur and was told at the beginning of the
next fiscal year. Mr Pitts wanted to make sure the City has confidence in Incode across
the board.
Mrs. Agee moved to direct the City to go forward on the acquisition of software and
hardware. She recommended, if possible, doing the whole package at one time. Mr.
Greenwald seconded the motion, which carried with the following votes:
AYES: Councilmembers Pitts. Agee, Wilenchik and Greenwald.
NAYS: None.
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#14 EXECUTIVE SESSION: Called under Chapter 551 of the Texas Government
Code, Sub-Section:
a. 551.071 - Consultation with attorney on contemplated litigation.
b. 551.072 - Deliberation regarding real property.
An Executive Session was held from 8:55 p.m. until 10:25 p.m.
#15 Action, if any, on the above Executive Session.
No action was required.
Before adjournment, Mr. Spain commented the retirement party for Steve Simonson was
a great event. He enjoyed it very much.
Mr Cashwell requested that Council allow him to attend a seminar in Tuscon, Arizona at
the end of May It has to do with clean and smart growth and he has the money in the
budget to attend. The total cost is $1700. The consensus of Council was to approve his
attendance at the conference.
Mayor Baldwin asked that Mr. Cashwell take a look at the Grande Cable Contract to see
if a time frame is specified for serving customers.
Mayor Baldwin also inquired if the City has a medical insurance reserve fund. He was
told by Mr Cashwell they do not. Perhaps it was Mr. Sweatt's intent to build a reserve
so they could self-insure. It needs to be clarified in the budget because it is not a fund for
health insurance.
Mayor Baldwin then stressed the City needs to re-establish the vehicle replacement fund.
Mr. Cashwell indicated that was no problem.
#16 ADJOURNMENT
There being no further business to discuss, Mayor Baldwin adjourned the meeting at
10:50 p.m.
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ATTEST:
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City Secretary, City of Schertz, Texas
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