ccreg 05-21-02
Schertz City Council - Regular Session
Tuesda~ May 21, 2002
The Schertz City Council convened in regular session on Tuesday, May 21,2002
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 Norma Head, Billy Pitts, Reginna Agee, Tony
Wilenchik and Ken Greenwald. Staff members present were City Manager
Dewey Cashwell and Deputy City Secretary Mary Ybarra.
Mayor Pro-tem Head called the meeting to order at 7:00 p.m. and noted she
would preside over the meeting until the arrival of Mayor Baldwin. She then
asked for everyone to rise and join her in the Pledge of Allegiance to the Flag.
# 1 PROCLAMATION:
Mayor Pro-Tem Head read a Proclamation recognizing May 19-25, 2002 as
Emergency Medical Services Week. She spoke briefly on the fine jobs the city's
EMS personnel is doing and thanked each and everyone. Dudley Wait, EMS
Director accepted on behalf of Schertz EMS.
#2 PRESENTATION:
Judge Stacey Padgett informed council that with the cooperation of SCUC ISD
and Ms. Reed Criminal Justice Instructor, the Schertz Teen Court was revived.
Any teen under the age of 18, a full time student is eligible to participate. The
teen court functions as an alternative sentencing function, and when this option is
evoked, the teen court becomes the sentencing arm. Any class C misdemeanor
case may be heard upon pleading guilty or no contest. The teen participants are
the attorney, jury, bailiff and court clerk, conducting the case and the only adult
participants are Ms. Reed and myself.
Judge Padgett introduced the teen court members pointing out that the members
have shown exemplary justice on offenses ranging from speeding in school
zones to DUI minors.
At this time, Travis Reynolds, David Elridge and Alfred Dickerson, members of
the teen court spoke briefly on benefits of their teen court experience. It was an
eye opening experience, which has given one the confidence in public speaking,
as well as sharpening thinking skills and all have learned some lifetime lessons.
At this time, these members on behalf of the entire teen court thanked Judge
Padgett and Ms. Reed for the opportunity to have taken part in the criminal
justice system.
Mayor Pro-tem Head spoke briefly on presentation given and thanked the teen
court members for their commitment and preparation on being good citizens.
#3 SWEARING IN OF MAYOR PRO-TEM
Mayor Pro-tem Head stated that it is an absolute pleasure to swear in the new
mayor pro-tem, Council member Billy Pitts. She is happy to turn the honor over to
him, and at this time Council member Billy Pitts was sworn in as the new Mayor
Pro-tem.
At this time, Mayor Pro-tem Pitts continued with the next agenda item.
#4
APPROVAL OF MINUTES:
Workshop Session 3-27-02
Regular Session 4-02-02
Mr. Greenwald moved to approve the minutes of the workshop session of 3-27,
2002 and the regular session of 4-02-2002. Mr. Wilenchik seconded the motion,
which carried with the following votes:
AYES: Councilmembers Head, Pitts, Agee, Wilenchik and Greenwald.
NAY: None.
# 5 Hearing of Residents:
Max Newsom, 3628 Scenic Drive, President of Scenic Hills community spoke on
a community concern: response time of Schertz EMS. He commented that
response time of emergency medical assistance in the community has increased
appreciatively by a decision made by the City of Schertz. Because of this
decision, the community would like to work with the city to resolve these
concerns. Having said this, he stressed that in no way is the community critical of
Schertz EMS. However, there are concerns, and explained that at recent board
meeting the community was informed that the Northcliffe Volunteer Fire
Department (NFVD) would not be allowed to respond to medical emergencies as
first responder. Subsequently, letters were sent to city manager, Mr. Cashwell
and the Mayor outlining these concerns.
He went on to say that the community is an age restricted senior community, and
is a prime candidate for emergency services. Emergencies ranging from minor to
major conditions, many of them life threatening conditions of which time is
critical. In the past NFVD was first responder, and typically on the scene in three
minutes. Because of the decision not to allow NFVD as first responder the
distance from the city for Schertz EMS will increase the response time to 10-15
minutes versus 3 minutes. In some instances, the increase in time could make a
life or death difference.
With this said, Mr. Newsom urged the city to consider other alternatives. One that
comes to mind is to allow NFVD to be first responder. He understands that NFVD
does not meet city standards, but does meet county standards. A solution would
be to allow NFVD to continue as first responder as they go through the transition
period, supplemented by training to meet requirements. Another option would be
to place an EMS unit at the fire station as an interim measure, until such time that
a new fire station could be built. Probably there are better solutions, but for now
we urge council to consider these alternatives, because 10 to 15-minute
response time is not acceptable in life threatening situations.
Mr. Cashwell advised Mr. Newsom that as of today he met with Chief Crumb,
Chief Friesenhahn, Dudley Wait and Mark Marquez to assess the situation and
can report on a good outcome. There are plans to provide additional equipment,
a new defibrillator unit, etc., and also of a plan to incorporate personnel into city
services. With the equipment provided and other capabilities the department will
perform in a different capacity, actually improving the ability to save lives as first
on the scene. All in all it was a very productive meeting and he added that plans
are underway to add NFVD to the city's dispatch capabilities at the city's
expense. The situation is improving daily and will continue to do so, stated Mr.
Cashwell.
Mr. Newson thanked council for their time and thanked Mr. Cashwell for the
report. He was happy to hear that their concerns were being addressed.
Mr. Jim Knight, 3632 Scenic Drive, commented on a job well done during the
annexation of the Northcliffe/Scenic Hills area. He thanked council and the city
manager on the magnificent effort in making the communities feel welcomed. On
another subject, he would like to comment on the importance of response time.
On October 29, his wife suffered a heart attack, and in her case response time
was critical. So, he too would like to plug the importance of early response, and
thanked council for their time.
Robert Brockman, 4505 Grand Forest, offered suggestion to agenda item #11,
an ordinance addressing stop intersections. He would rather see a four way stop
at intersection of Schertz Parkway and Woodland Oaks (versus 2 way stop) until
expectancy of traffic signal at location.
He went on to say of a possible FFA requirement; red lights on the city radio
tower. He isn't sure of height requirement and the need of lights, but believes
someone should look into.
# 6 PUBLIC HEARING: To receive citizen comments on a request from
Schertz Apartment Venture L.P. to rezone 30.075 acres from Predevelopment
District (PD) to Apartment/Multi-Family Residential (R-4).
Mayor Pro-Tem Pitts explained the procedures to be followed for the public
hearing. He went on to say forty-nine (49) letters were sent to property owners
within the required distance. One (1) was returned in favor and three (3) were
returned opposition.
Mayor Pro-Tem Pitts opened the floor for citizen comments.
Robert Brockman commented he would speak on the issue due to no one else,
and asked the location of the property. Mr. Cashwell advised him that the
property was in the Northcliffe Subdivision along IH 35 frontage at the corner of
IH35 and FM11 03. He noted the plan is to build Golf Villa Apartments.
There being no further questions or comments, the public hearing was closed at
this time.
#7 ORDINANCE: Consider and take action on first reading of Ordinance
rezoning 30.075 acres from Predevelopment District (PD) to Apartment/Multi-
Family Residential (R-4).
Mayor Pro-Tem Pitts introduced an ordinance and read the caption as follows:
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING
THE UNIFIED DEVELOPMENT CODE (UDC) ORDINANCE NO. 98-S-28 BY
REZONING 30.075 ACRES OUT OF GUADALUPE COUNTY AND
REFLECTING SUCH CHANGES ON CERTAIN ZONING MAPS IN
ACCORDANCE WITH THE SCHERTZ UDC ORDINANCE.
Mr. Cashwell explained the proposed development multi-family facility is
designed to cater to retirees who wish to be adjacent to a golf facility. The
development by no means is a low to moderate-income facility, however, some
rents will be subsidized, but many will not.
Mrs. Head commented there is no recommendation from Planning and Zoning
Commission. It is customary to have a recommendation as part of council packet.
Mr. Greenwald, liaison to the Planning and Zoning (P&Z) spoke on the matter
and informed council that indeed a public hearing was held and the commission
had recommended approval
At this time, Mr. Cashwell read recommendation from the Planning and Zoning
Commission dated April 23, 2002, where indeed the Commission recommended
approval.
Without further discussion, Mr. Greenwald moved to approve the rezoning
30.075 acres from Predevelopment District (PD) to Apartment/Multi-Family
Residential (R-4). Mrs. Head seconded the motion, which carried with the
following votes:
AYES: Councilmembers Head, Pitts, Agee, Wilenchik and Greenwald.
NAY: None.
# 8 RESOLUTION: Consider and take action approving participation in
Texas Building and Procurement Commission Cooperative Purchasing Program.
Mayor Pro-Tem Pitts introduced a resolution and read the caption as follows:
RESOLUTION
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING
THE CITY TO SEEK PERMISSION FROM THE TEXAS BUILDING AND
PROCUREMENT COMMISSION TO PARTICIPATE ON A VOLUNTARY BASIS
IN ITS PURCHASING PROGRAM AND OTHER MATTERS IN CONNECTION
THEREWITH.
Mr. Cashwell explained the resolution approves the city's participation in the
Texas Building and Procurement Commission Cooperative Purchasing Program,
(bid process) acquiring goods for public use.
Mrs. Agee moved to approve the resolution authorizing participation in Texas
Building and Procurement Commission Cooperative Purchasing Program. Mr.
Wilenchik seconded the motion, which carried with the following votes:
AYES: Council member Head, Pitts, Agee, Wilenchik and Greenwald.
NAY: None
# 9 ORDINANCE: Consider and take action on final reading of
Ordinance revising the Code of Ordinances, Section 18-76 - Maximum Limits on
Specific.
Mayor Pro-Tem Pitts introduced an ordinance and read the caption as follows:
ORDINANCE 02-D-IO
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 SECTION 18-76, MAXIMUM LIMITS ON SPECIFIC
STREETS; AND PROVIDING A REPEALING CLAUSE.
Mr. Wilenchik moved to approve ordinance revising the Code of Ordinances,
Section 18-76 - Maximum Limits on Specific Streets. Mrs. Head seconded the
motion, which carried with the following votes:
AYES: Council member Head, Pitts, Agee, Wilenchik and Greenwald.
NAY: None
# 10 ORDINANCE: Consider and take action on first reading of
Ordinance revising the Code of Ordinances, Section 18-75 -Maximum Limits in
School Zones and Section 18-76 - Maximum Limits on Specific Streets.
Mayor Pro-Tem Pitts 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 SECTION 18-75, MAXIMUM LIMITS IN SCHOOL
ZONES AND SECTION 18-76, MAXIMUM LIMITS ON SPECIFIC STREETS;
AND PROVIDING A REPEALING CLAUSE.
Mr. Greenwald moved to approve Ordinance revising the Code of Ordinances,
Section 18-75 -Maximum Limits in School Zones and Section 18-76 - Maximum
Limits on Specific Streets. Mrs. Agee seconded the motion, which carried with
the following votes:
AYES: Council member Head, Pitts, Agee, Wilenchik and Greenwald.
NAY: None
# 11 ORDINANCE: Consider and take action on first reading of
Ordinance revising the Code of Ordinances, Section 18-32-Stop Intersections.
There was a brief discussion relative to a suggestion made by Mr. Brockman, a
four-way stop instead of the two-way stop at the intersection of Schertz
Parkway/Woodland Oaks. Public Works Director, Mr. Bierschwale stated that
public works does not want a stop sign on Schertz Parkway because of the
volume of traffic on the road. It was also mentioned that because of this volume it
would create more congestion.
Mayor Pro-Tem Pitts Baldwin introduced the Ordinance and read the caption as
follows:
ORDINANCE 02-D-12
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 SECTION 18-32, STOP INTERSECTIONS -
DESIGNATED GENERALLY; AND PROVIDING A REPEALING CLAUSE.
Mr. Greenwald moved to approve the Ordinance revising the Code of
Ordinances, Section 18-32-Stop Intersections. Mr. Wilenchik seconded the
motion, which carried with the following votes:
AYES: Councilmembers Head, Pitts, Agee, Wilenchik and Greenwald.
NAY: None.
#12 BID AWARD:
Take action awarding bid mini-van.
Mayor Pro-Tem Pitts informed council that this issue was discussed at the last
council workshop session and deferred to Mr. Cashwell for any additional
information.
Mr. Cashwell advised that bids went out to eleven vendors, three (3) bids were
received those from Bluebonnet Motors, Gillman Honda and Roger Beasley. Of
the bids received, the lowest bid ($21,639.00) did not meet the specifications as
required. The other two bids did with one exception. The next lowest bid came
from Gillman Honda at $24,628.46 and he recommends awarding the bid to
Gillman Honda.
Mrs. Head moved to approve the bid from Gillman Honda at the cost of
$24,628.46. Mrs. Agee seconded the motion, which carried with the following
votes:
AYES: Councilmembers Head, Pitts, Agee, Wilenchik and Greenwald.
NAY: None.
#13 BID AWARD: Take action awarding bid for Lower Seguin Road
(water improvements) material only.
Mr. Cashwell explained the issue has to do with water service to another part of
the city, which has been a long-term project. At this time, the city is still working
to acquire land, which is relative to the process. The bid is to furnish materials for
approximately 9,020 linear feet of water distribution piping, fittings and
appurtenances along Lower Seguin Road. Ford Engineering is recommending
the bid be awarded to ACT Pipe & Supply, Inc. in the amount of $65,157.80.
Mr. Greenwald moved to award bid for the Lower Seguin Road (water
improvements) material only to ACT Pipe & Supply, Inc. in the amount of
$65,157.80. Mrs. Agee seconded the motion, which carried with the following
votes:
AYES: Councilmembers Head, Pitts, Agee, Wilenchik and Greenwald.
NAY: None.
#14 Consider and take action setting public hearing dates for discussion of
possible changes to Sexually Oriented Businesses.
Mayor Pro-Tem Pitts advised that this item is only to set dates for the public
hearings.
There was brief discussion by council on this matter at which time council agreed
on dates recommended by legal council, those of June 18, and July 2 to hold
public hearings.
At this time, Mrs. Agee moved to set public hearing dates of June 18, 2002 and
July 2, 2002 for the discussion of Sexually Oriented Businesses. Mr. Wilenchik
seconded the motion, which carried with the following votes:
AYES: Councilmembers Head, Pitts, Agee, Wilenchik and Greenwald.
NAY: None.
#15 Consider and take action appointing committee to analyze secondary
effects of Sexually Oriented Businesses.
Mayor Pro-Tem Pitts pointed out that city attorney, Michael Spain would explain
and suggest how the city can form this committee.
City Attorney, Michael Spain recommends 1 to 2 members from the council and
others from the community that would have knowledge of economic impact on
the city. He suggests the committee not be too large. The committee can be
appointed by city councilor council could grant city manager the ability to
appoint. The committee's duties would be to research, study and make
recommendations to council. The committee would be provided with studies of
ordinances from Texas and outside of Texas to use as examples. Mr. Spain
explained that legal staff would attend the first meeting in order to outline the
committee's responsibilities.
Mr. Cashwell advised council that Council members Greenwald and Wilenchik
have stepped up to the plate and desire to serve in this capacity. In addition, he
recommends for council consideration, city staff folks, Gary Davis, Health
Inspector, Judge Stacey Padgett, and if asked, he too would certainly serve on
the committee.
At this time, Mrs. Head moved to approve that the City Manager put the
committee together contacting al/ those that have shown interest, etc. Mrs. Agee
seconded the motion.
Before a vote was called, there was mention of citizen interest to serve on
committee from different areas of the city and recommendation of others such as
real estate appraiser, Albert Menn, and represenative from the school district to
serve on the committee. The numbers of committee members were discussed
and consensus was reached to limit the committee to nine.
With a motion on the floor, Mayor Pro-Tem Pitts asked for a vote:
AYES:Councilmembers Head, Pitts, Agee, Wilenchik and Greenwald.
NAY: None.
Before adjournment Mr. Cashwell referred to article in the Gazette newspaper
relative to animal control and unwanted pets becoming an issue. Ana Carter,
animal control employee is pictured as part of the article.
Ken Greenwald reported that Sunday between the hours of 6:30 and 7 p.m. all
intersections in Schertz were blocked, except for Main Street. This was due to
freight train blowing airlines locking breaks.
#16 Adjournment
(
Ther~ being no further business to discuss, Ma~or p.r - ;?;itts djourned the
meeting at 8:10 p.m. r
/
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Mayor, City of Schertz, Texas
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Dep ty C~ , retary, City of Schertz, Texas
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