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ccreg 05-18-04 SCHERTZ CITY COUNCIL - REGULAR SESSION TUESDAY, May 18,2004 The Schertz City Council convened in regular session on Tuesday, May 18, 2004 at 7:00pm in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Hal Baldwin, presiding, Council members Carl Douglas, Steve Simonson, Reginna Agee, Tony Wilenchik and Ken Greenwald. Staff members present were City Manager Mark Marquez and Deputy City Secretary Mary Ybarra. Mayor Baldwin welcomed everyone and called the meeting to order. He asked for everyone to rise and join him in the Pledge of Allegiance to the Flag. Before the meeting Mayor Baldwin introduced Councilmember Wilenchik who reported on the Humane Society 3rd Annual Doggy Dash Run. The event raised approximately $2,500. He added that it was a great run, would have had more runners if the weather had cooperated. The event wouldn't have been possible without the assistance of the City of Schertz (ParksIRecreation, Public Works, Police, Staff, City Manager, etc.). In order to show our appreciation, the society has framed the event T-shirt, especially made for the event, and would like to present it to the City in appreciation for their support. Mayor Baldwin accepted on behalf of the City of Schertz. Mr. Wilenchik also recognized Mark Roberts, Bob Brockman, Michael Spain, Larry Aikman, and Councilmember Greenwald for their support and sponsorship and presented them with T-shirts. #1 PRESENTATION: PROCLAMATION Mayor Baldwin read proclamation and designated May 16-22, 2004 as the 30th annual, "Emergency Medical Services Week" in the City of Schertz. Proclamation was presented to Dudley Wait, EMS Director and EMS personnel that were present. Mayor Baldwin pointed out that the Schertz s EMS group is the finest in the State of Texas and is very proud of the EMS services in Schertz. Councilmember Greenwald reminded everyone that Mayor Baldwin and Councilmember Simonson were some of the founding fathers of EMS services. At this time, Mayor Baldwin stated Council would move to agenda item #3. #3 PRESENTATION: TEEN COURT SCHOLARSHIP Mayor Baldwin introduced Judge Padgett, who in turn introduced three teen court participates that presented slide project that was submitted to "Skills USA" and were awarded "State" with the project. Judge Padgett added that the trio would also be participating at the "National"level in June. At this time, she introduced Ian Stockton and Elizabeth Knots who would be making presentation this evening. Ian Stockton presented a Channel 9 video footage of teen court proceeding that had aired earlier this year and explained it illustrated the various aspects carried out in the teen court process. After the video footage was presented, Ian Stockton and Elizabeth Knots presented a slide presentation, which illustrated the process from beginning to end, showing the trail process of an accused individual and the proceeding. In conclusion, Ian Stockton stated that Teen Court is a nation wide program accepted in schools mainly because the program is an effective way to teach law, as well as giving students specifics on law and its effectiveness. Mayor Baldwin thanked the students for their presentation and congratulated them on receiving "State" award. He went on to explain the Teen Court Scholarship process, and noted that Councilmembers Simonson and Douglas judged the applications, as well as City Attorney, Michael Spain judged the written portion. Last year one recipient was selected to receive scholarship, however this year with the increase of scholarship money, three recipients were selected. The following students were presented with scholarships and certificate from the City: a. Ian Stockton- $500 b. Lisa Escochea-$250 c. Julianna Martinez-$250 Each student introduced their parents and thanked Judge Padgett and Council for allowing Teen Court in their school. Before continuing with the next agenda item, Mayor Baldwin announced another proclamation would be presented, and asked Councilmember Simonson to step forward. Councilmember Simonson, wife Carol, and granddaughter were presented with a proclamation, which was read by Mayor Baldwin proclaiming September 18, 2004 as Steve Simonson (ALS) Music Festival Day at Pickrell Park. Because Councilmember Simonson has been afflicted with this horrible disease (ALS), Mayor Baldwin stated that this is the City's way to help raise funds for continuing research. Councilmember Simonson spoke briefing and acknowledged his surprise; obviously it was unexpected. He commented, here again the City is stepping up to help people, and he's one of many, he is very grateful. Mayor Baldwin thanked Councilmember Simonson for his service to community, not only as city employee, Councilmember, serving in the United States Air Force, etc., but also as a friend. The City is very grateful for the support over the years, and the City Loves You. #2 PRESENTATION: SCHERTZ BUSINESS ASSOCIATION At this time, Mayor Baldwin announced there would be a presentation by the Schertz Business Association and introduced Sharon Pennington, President of the Association. Ms. Pennington announced that the association has worked very hard this year to raise money for the scholarships that are given out each year and this year so far the association has raised approximately 10,000 dollars and has doubled the fireworks show for the 4th of July Jubilee. The association also tried something new this year with the cooperation of the City of Schertz, and went out to the elementary schools and asked students to participate. Students were asked "what freedom" meant to them and asked them to illustrate it in a drawing. From the drawings the association selected one to be used on the official Jubilee T-Shirt. At this time, she announced that Tyler Wilde, (3rd grader from Watts Elementary) drawing was selected and it gives her great pleasure to introduce Tyler who is present with her parents. Ms. Pennington informed Tyler of the good news and showed off one the finished T-shirts. The T-shirt not only will have the artwork drawing by Tyler, but it will also indicate the sponsors of the firework display. Ms. Pennington also had another surprise for Tyler. The Schertz Library has chosen the winning artist theme to be part of the Library float entered in the 4th of July parade and have asked that Tyler ride on the float that day. Council congratulated Tyler for a job well done. #4 HEARING OF RESIDENTS Dwavne Dvoracek. 3213 Rosewell Place commented he represents the Ashley Place HOA and as everyone knows it rained the first of May when the Ashley Place community had scheduled a community wide garage sale. There were 105 permits and most got rained out. Because of the number of permits it was almost impossible to notify all of different options available. Because of this, the HOA is requesting the matter be placed on a future agenda for consideration of possibly rescheduling or refund on fee. It was his understanding that everyone paid a fee of $10 per household. Mr. Dvoracek was advised that if the HOA pulled the permit the fee would have been $30 for the initial permit plus $1 per household (sign). However, if each household acquired it's own, then cost would have been $10 per permit. Mr. Dvoracek believed that was the case, however was unsure. Mr. Madison advised Mr. Dvoracek the matter would be check, and it would just be a matter of rescheduling. City Manager Marquez stated that he believes the matter can be resolved administratively as opposed to placing the matter as an agenda item. Mr. Dvoracek agreed. Will Brown. 2601 Kin2sland Circle congratulated Mayor Baldwin and Councilmembers Simonson and Douglas on their re-election. He commented that the City has done wonderful things since he has been in the community the last 10 to 15 years. However, he believes there is a lack of communication between City and HOA's. Mainly, because of two different issues dealing with two different HOA's. First issue was the establishment of a Coalition for the Schertz homeowners. The second issue is the placement of basketball court, where the HOA or homeowners were not notified. With placement of the basketball court; kids; noise and fowl language are concerns until the park closes at 11 pm. Homeowners cannot enjoy their own backyard because of this. He went on to say that the HOA has contacted Gail Douglas with concerns, and in discussions the association was advised that there are plans for a long fence and planting of shrubs. However, the association believes the plan will not help with the noise, because the distance (10 feet) away from backyards. To the homeowner it's unacceptable; homeowners were not given the opportunity to come before Council voicing concerns before decision was made. The HOA is asking that something be done; don't know what at this point, but the HOA would like a solution. He would appreciate anything that can be done because he believes it could damage homeowner property values. The HOA is asking for some type of resolution and would like to receive something in writing from the City advising of them on the matter. Mayor Baldwin stated he isn't sure what the solution might be, however the matter would be researched, and possibly come up with options that everyone would be comfortable with. Robert Brockman, 4505 Grand Forrest had the following comments: . Would like a street sign installed at Savannah and Schertz Parkway, indicating traffic was traveling on Schertz Parkway. . Install a directional sign along Schertz Parkway directing traffic to IH-35. . Commented he understood that grass on Schertz Parkway was to be cut wall to wall. Is this a true fact? He was advised a contract is in place for maintenance on Schertz Parkway and will check into it. #5 APPROVAL OF MINUTES: Workshop Session Regular Session Workshop Session 01-28-04 02-03-04 02-11-04 Councilmember Greenwald moved to approve the minutes of Workshop Session, January 28, 2004, Regular Session, February 3, 2004 and Workshop Session, February 11, 2004. Councilmember Simonson seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald NAY: None. #6 PUBLIC HEARING: To receive citizens comment on a request from the City of Schertz to rezone 672.67 acres from Residential/Agricultural (RIA) to Manufacturing District-light (M-l) and 20.91 acres from Residential/Agricultural (RIA) to General Business along 1-10. Agenda item was cancelled and would be rescheduled. #7 PUBLIC HEARING: To receive citizen comment on a request from Tim Tabbert and Buford Purser to rezone 39.737 acres from Predevelopment District (PD) to Residential/Agricultural (R-A) on a property located south of Borgfeld Road to Gleaming Springs Drive. Mayor Baldwin explained the procedures to be followed at a public hearing and asked for staff input. City Manager Marquez deferred comments to city staff. Amy Madison, Economic Development Director advised that the tract is 39.737 acres and the applicant is requesting rezoning from Predevelopment District (PD) to Residential! Agriculture (R-A). Three letters were sent out to property owners within the required distance and no responses were received. The applicant is present to answer any questions Council might have. Mayor Baldwin opened the public hearing for citizen comments. There were none, and he closed the public hearing. #8 ORDINANCE: Consider and take action on first reading of Ordinance rezoning 39.737 acres from Predevelopment District (PD) to Residential/Agriculture (RA). There being no further discussion, Councilmember Simonson moved to approve first reading of an ordinance rezoning 39.737 acres from Predevelopment District (PD) to Residential! Agriculture (RA). Councilmember Wilenchik seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald NAY: None #9 PUBLIC HEARING: To receive citizen comments on a request from Forum Construction Company, Inc. for a Specific Use Permit to allow an office/warehouse facility to be located at 132 Commercial Place in the Air Compatible Use Zone (AICUZ). Mayor Baldwin explained the procedures to be followed in a public hearing and asked for staff input. Ms. Madison informed Council that Planning and Zoning had approved site plan on November 25, 2004 and because the facility is in the AICUZ it requires a specific use permit. Twelve (12) letters were sent out and no responses were received. The applicant Forum Construction is not present. Mayor Baldwin opened the public hearing to receive citizen comments. Robert Brockman, 4504 Grand Forest commented his concern was the fence previously discussed. Will the fence get repaired? Who is the responsible party? Ms. Madison advised that they're in discussion with Forum Construction and they have agreed to take down the fence and construct new fence. Also, discussions with Bexar Metro are taking place for the possibility of continuing the fence. With no further comments Mayor Baldwin closed the public hearing. #10 Consider and take action on above request for a Specific Use Permit. Councilmember Greenwald moved to approve the specific use permit at 132 Commercial Place. Councilmember Douglas seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald NAY: None. #11 BID AWARD: Services Building. Consider and take action awarding bid for Emergency City Manager Marquez stated that this project has been ongoing for sometime and he is very disappointed with bid amounts. For this reason, he recommends rejecting all bids. Because of spikes in the steel industry, fuel industry and concrete costs the bids were higher then anticipated. Because of this, believes the City should wait until these spikes go down. He went on to say that he is aware of discussion and recommendation made by John Bierschwale, Assistant City Manager as to placing a temporary facility until such time that these spikes go down. He would be in favor of this; citizens deserve a facility and believe the City should give them one. He's been advised that the temporary building could be operational by the 1 st of October and that would be his intention. He advised Council that John Bierschwale would be back next week with several proposals on how the project can be done, or if Council desires the bids could be revisited. Some of the suggested cuts are unacceptable. The plan all along was do things first class not skimping on the Fire Station. The spikes at this time are unfortunate, but if the City is to carry on with the project let's do it right or not do it at all. It was pointed out that Mr. Mendenhall, architect was given the opportunity to possibly work on coming up with acceptable bid amount; however the proposed cuts are not acceptable. Councilmember Simonson stated he agrees with City Manager's comments and if bids were rejected, he believes some sort of temporary facility should go up as soon as possible. He would also like to see some sort proposal showing how to maximize the use until the numbers are correct. Councilmember Greenwald moved to reject all the bids for the EMS building. Councilmember Wilenchik seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald NAY: None. #12 Consider and take action setting a public hearing date for June 15, 2004 on a request from Ernest Gonzales for a Specific Use Permit for Block 1, lot 2, in the Pecan Center Addition to allow an office/warehouse facility in the Air Installation Compatible Use Zone (AICUZ). Councilmember Greenwald moved to set the public hearing date of June 15, 2004 on a request from Ernest Gonzales for a specific use permit for Block 1, lot 2 in the Pecan Center Addition to allow a office/warehouse facility in the AICUZ. Councilmember Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald NAY: None. #13 Items by City Manager General Announcements . Advised Council on a notice of construction for the Lower Seguin Project. . Advised that staff is working on changes to the Fair Labor Standard Act having to do with exempt and non-exempt and anticipate some changes, which will have some budgetary impact. . Advised on plans for a groundbreaking for the PID project. Will advise Council on time and date. #14 Items by Council General Announcements Councilmember Carl Douglas Liaison- EDC Liaison - Schertz Library Board . Reported the PID sign at Ripps property is damaged. . Commented he would be glad to work with the City Manager on the basketball court issue. Councilmember Simonson 4-B Board Liaison - BVY A . Referred to TXDOT mail out relative to the future building of a Super Corridor. He believes the way the corridor is laid out, could strongly affect the City of Schertz on property along IH-I0. He strongly recommends staying on top of the issue and having representation involved in every aspect. . Again, he thanked Council for the proclamation. Councilmember Agee 4-B Board Liaison- Schertz Housing Authority Liaison-Guadalupe Children Advocacy . Had no comments. Councilmember Wilenchik 4-B Board Liaison Schertz Humane Society Liaison HOA Coalition . Advised he would be out of town for the two workshops in June. He has a Savannah Square HOA meeting on the ih of June and asked if anyone would be interested in attending in his place. Councilmember Greenwald volunteered to attend. . Advised on receiving an email on Proposition #13. This will be one of many that Council would be receiving. Councilmember Greenwald 4-B Board Ex-officio P & Z Commission Ex-officio S/SLG Corp. . Reported on different projects discussed at the Planning and Zoning meeting; small development in the Northcliffe and construction of a Family Dollar on FM78 on property adjacent to Riedel's Furniture Store and the Diary Queen. . Reminder that SSLGC is scheduled for Thursday of this week. # 15 Items by Mayor General Announcements . Read correspondence received from the While House relative to the Bush Library planned at Baylor University. . Advised on receiving invitation to the grand opening of the RBFCU in Live Oak on June 2, 2004 at 10 am. . . Commented that this past weekend the Humane Society Caws for Paws was held in Universal City, Leslie Mouton was MC for the event. Councilmember Wilenchik added that Betty White (Golden Girls) made a very nice contribution. . Commented he echo's Councilmember Simonson comments relative to TXDOT Super Corridor. He believes the City needs to keep a very close eye on the development as it progresses. #16 ADJOURNMENT There being no further business to discuss, Mayor Baldwin adjourned the meeting at 8: 15 p.m. / C Mayor, City of Schertz, Texas . ATTEST: , City of Schertz, Texas Ie 327