ccreg 11-20-01Council Minutes
Regular Session
November 20, 2001
The Schertz City Council convened in Regular Session on Tuesday, November 20, 2001 at
7:00 p.m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Schertz,
Texas. The following members were present: Mayor Hal Baldwin, presiding;
Councilmembers Reginna Agee, Ken Greenwald, Norma Head, Tim Swinney, and Billy
Pitts. Staff members present were City Manager Dewey Cashwell and Deputy City
Secretary Mary Ybarra.
At this time, Mayor Baldwin introduced Mr. Cecil Tilghman, Time Warner's "Home Town
Hero ". He mentioned that a small reception was held Mr. Tilghman this evening before Council
meeting.
Mayor Baldwin asked that everyone rise and join him in the pledge of allegiance.
1. HEARING OF RESIDENTS
Liz Mueller of 701 Marilyn Drive voiced concern in the recent flooding. The flooding caused
thousand dollars of damage- what happened? She was in knee high water and snakes were
visible. She believes the construction up the hill is the cause and is very concerned.
Robert Brockman of 4505 Grand Forest Dr. inquired on Schertz development funds and asked
for a status on the findings.
Mary Sittenauer of 713 Marilyn Drive stated she has lived in her home for 29 years and has
never flooded. She too believes the flooding is due to construction up the hill and believes she
lives in a flood zone.
Mary An DeKunder of 801 Marilyn Drive reported there was no water in her house, but one
more inch and it would have. She recalls the flood of 1998 when the water rose slowly; this time
it didn't, something has to be done.
Micki Christy of 805 Marilyn Drive stated she has lived in her home for 28 years and never has
had water in her home. During the downpour of 28" of rain there was not much in the house.
However, with 5" of water this time, water got into the house and something has to be done.
In time of flooding, concerns should be to get to love ones and to get safety equipment in to
rescue, however the area is land locked. It was mentioned, that Ron Youngblood, Planning
Director had taken photos of damage; field where the water was coming from. The situation is
not going away, until Dietz Creek is modified. The creek needs cleaning and its believed it's a
planning problem. It also was mentioned that the city owns some reimbursement to those citizens
that lost belongings. It was reported that the 500 block of Oak Street did not have water,
however the 700 -800 block did.
Mayor Baldwin reported that the study has been completed and grant approved from FEMA for
the pilot channel. The problem is that the money hasn't been received. The channel would
correct the water flow, but is believed that this time development and construction might have
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contributed some to the flooding. This is a matter not to ignore and would be looking at a report
on the release of funds.
At this time, Mayor Baldwin had to excuse himself and turned over the meeting to Mayor Pro-
tern Norma Head.
2. APPROVAL OF MINUTES:
Regular Session 10 -02 -01
Special Joint Session 10 -10 -01
Regular Session 10 -16 -01
Special Workshop Session 10 -24 -01
Councilmember Pitts moved to approve the minutes of Regular Session- 10- 02 -01, Special Joint
Session- 10- 10 -01, Regular Session 10 -16 -01 and Special Workshop Session 10- 24 -01.
Councilmember Greenwald seconded the motion, which carried with the following vote:
AYES: Councilmembers Head, Agee, Greenwald, Swinney, and Pitts.
NAY: None.
3. Discuss and take action on first reading of Ordinance: Providing for the extension of
the boundary tines of the City of Schertz, Texas by the annexation of the territory
comprising of Guadco Municipal Utility District No. 1 and related maters.
Mr. Cashwell, City Manger gave an overview and stated there is nothing to report; everything is
in order. Mr. Spain, City Attorney stated everything is on schedule. Councilmember Greenwald
moved to approve first reading of the MUD #1. Ordinance. Councilmember Agee seconded the
motion, which carried with the following votes:
AYES: Councilmembers Head, Agee, Greenwald, Swinney, and Pitts.
NAY: None.
4. Discuss and take action on first reading of Ordinance: Providing for the extension of
the boundary lines of the City of Schertz, Texas by the annexation of the territory
comprising of Guadco Municipal Utility District No. 2 and related matters.
Councilmember Greenwald moved to approve first reading of the MUD #2 Ordinance.
Councilmember Swinney seconded the motion, which carried with the following votes:
AYES: Councilmembers Head, Agee, Greenwald, Swinney, and Pitts.
NAY: None.
Councilmember Greenwald stated that city staff did a good job in addressing all concerns and
deserves a hand.
5. PUBLIC HEARING: To receive citizen comments on proposed ordinance
authorizing retirement after 20 years of service in TMRS.
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Mr. Marquez, Personnel Director stated it would be a positive move for the city. He provided a
list of employee's and number of years in service with the City and mentioned that at this time,
there are nine (9) eligible employees to retire.
There were no citizen comments and the public hearing was closed at 7:55 p.m.
6. Discuss and take action on first reading of Ordinance: By the City Council of the
City of Schertz, Texas affecting participation of city employees in the Texas Municipal
Retirement System.
Councilmember Pitts moved to approve first reading of ordinance affecting participation of City
employees in the Texas Municipal Retirement System. Councilmember Greenwald seconded the
motion, which carried with the following votes:
AYES: Councilmembers Head, Agee, Greenwald, Swinney, and Pitts.
NAY: None.
7. Consider and take action on final reading of Ordinance regarding smoking in public
places.
Brief discussion followed related to Section "Certain Places Exempt ", items 3 -8. Clarification
was provided by Mr. Spain, City Attorney.
Councilmember Swinney moved to approve final reading of an Ordinance regarding smoking in
public places. Councilmember Pitts seconded the motion, which carried with the following votes:
AYES: Councilmembers Head, Agee, Greenwald, Swinney, and Pitts.
NAY: None.
8. Consider and take action regarding letter of resignation from Councilmember Tim
Swinney.
Mr. Cashwell, City Manager stated that Councilmember Swinney has submitted letter of
resignation and needs to be accepted by Council.
Councilmember Greenwald moved to accept the letter of resignation from Councilmember
Swinney. Councilmember Agee seconded the motion, which carried with the following votes:
AYES: Councilmembers Head, Agee, Greenwald, Swinney, and Pitts.
NAY: None.
9. RESOLUTION: Consider and take action on the following:
Eminent domain in connection with the acquisition of certain waterline and temporary
construction easements in Gonzales and Guadalupe counties and related matters.
Councilmember Greenwald moved to approve the above resolution. Councilmember Agee
seconded the motion, which carried with following votes:
AYES: Councilmembers Head, Agee, Greenwald, Swinney, and Pitts.
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NAY: None.
10. Consider and take action regarding amendments to BVYA contract.
A brief discussion followed on amendments to the contract, which includes the use of ball fields,
a two -year term and the addition of the Graham ball field. There is no problem with amendments
and approval is recommended. At this time, Councilmember Greenwald reported on the
agreement with the school.
Councilmember Greenwald moved to accept letter presented by BVYA. Councilmember
Swinney seconded the motion, which carried with the following votes:
AYES: Councilmembers Head, Agee, Greenwald, Swinney, and Pitts.
NAY: None.
11. RESOLUTION: Consider and take action on Joint Resolution regarding EMS
Services.
It was explained that the resolution is for both Schertz and Seguin to join in with a proposal for
provisions of EMS in the incorporated areas of Guadalupe County by sharing the responsibilities.
The City of Seguin has placed the resolution on their Council agenda for consideration. This is
the best solution that both cities agreed, would best serve the residents of Guadalupe County.
Councilmember Agee moved to approve the joint resolution regarding EMS services.
Councilmember Greenwald seconded the motion, which carried with the following votes:
AYES: Councilmembers Head, Agee, Greenwald, Swinney, and Pitts.
NAY: None.
Due to TML Conference, no Council meeting will be held next week.
12. ADJOURNMENT:
There being no further business, Mayor Pro -tem Head adjourned the meeting at 8:25 p.m.
Mayor Pro -tem, City of Schertz
ATTEST:
City Secretary, City of Schertz
Regular Session 11 -21 -01
Because there is no record of approved written minutes of Council Regular Session,
November 20, 2001, the original packet of that meeting was inspected. Handwritten
minutes were found and the above is a transcription from those minutes.
Regular Session 11 -21 -01