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01-21-03 CITY COUNCIL MINUTES REGULAR SESSION 1-21-03 The Schertz City Council convened in Regular Session on Tuesday, January 21, 2003 at 7:00 p.m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Schertz, Texas. Those present were Mayor Hal Baldwin, presiding; Councilmembers Steve Simonson, Regirma Agee, Tony Wilenchik and Ken Greenwald. Staff present were City Manager Mark Marquez and City Secretary Norma Althouse. Mayor Baldwin welcomed everyone and asked them to rise and join him in the Pledge of Allegiance to the flag. # 1 SWEARING IN OF MAYOR PRO-TEM Mayor Baldwin swore in Tony Wilenchik as Mayor Pro-Tem. #2 HEARING OF RESIDENTS Chaleigh Cosas of 1000 Elbel, #1302, spoke as follows: · Informed Council she is competing for the title of Miss San Antonio USA. The event will be held at the Empire Theater from February 28 through March 1 and will be covered by Channel 4. It consists of a swimsuit competition, evening gown competition and an interview. She explained she has a passion for disadvantaged children and if she wins a four-year scholarship, she plans to attend the University of the Incarnate Word. She needs money to compete in the competition by the beginning of February. Mayor Baldwin wished her all the best. Robert Brockman of 4505 Grand Forrest had the following comments: · Noted there's a problem with the drop box where you pay your water bill. It's out of envelopes. · Mentioned the City needs to get a new hose reel. · Commented the marquee didn't have tonight's meeting listed on it. · Inquired how the City is coming with fire protection in the Schirmerville area. Mayor Baldwin replied they are working on it. · Questioned the status of exterior lights on the public safety buildings to show off the names of the buildings, Mr. Marquez informed him they had been approved. 101 · Stated the junked vehicle by Burch Roofing is still there and wondered whether or not that is City property. Mr. Marquez promised to check on it. · Thanked the Parks Department for a great job in cleaning up FM 78. #3 APPROVAL OF MINUTES: Regular Session 01-07-03 Mr. Simonson moved to approve the minutes, as written, for the Regular Session of 01-07-03. Mr. Wilenchik seconded the motion, which carried with the following votes: AYES: Councilmembers Simonson, Agee, Wilenchik and Greenwald. NAYS: None. #4 PUBLIC HEARING: To receive citizen comments on the proposed change to the Unified Development Code (UDC), Article IV, Permissible Uses, Section 5, Land Uses, General Business (GB) and Section 5, Land Uses, Manufacturing District (M-l) as they relate to Sexually Oriented Businesses. Mayor Baldwin explained the procedures to be followed for the public hearing. Mr. Marquez related that Planning and Zoning already had their public hearing on this issue. The City cannot ban sexually oriented businesses, but they can discourage them. Mr. Marquez then reported that 495 letters were sent out, 55 were returned in favor, 25 were returned opposed, and 25 were returned as undeliverable. One was received with no vote either way. Mr. Wilenchik observed it appears most of those opposed misunderstood the letter. He doesn't know how they could have made it any clearer. Mr. Simonson thought the staff did a good job of explaining the situation in the letter that was sent out. The object was to move these businesses out of a General Business classification into a Manufacturing District classification. Amanda Ellis, address not given, wondered why people didn't understand. Mayor Baldwin told her you can't zone these types of businesses out. Mr. Marquez added the Sexually Oriented Business ordinance is highly regulated. Robert Brockman of 4505 Grand Forrest asked if the City has a current zoning map. Mayor Baldwin explained they're not changing the zoning, only what type of business is in a particular zoning. Mr. Brockman then mentioned the Hilltop strip center and Mr. Marquez pointed out it is not considered a sexually oriented business. Mr. Brockman thought City Inspector, Leonard Truitt, might disagree. There being no further questions or comments, Mayor Baldwin closed the public heating. 102 #5 ORDINANCE: Consider and take action on first reading of Ordinance regarding changes to the Unified Development Code (UDC), Article IV, Permissible Uses, Section 5, Land Uses, General Business (GB) and Section 5, Land Uses, Manufacturing District (M-l). 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 UNIFIED DEVELOPMENT CODE (UDC) OF THE CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING ARTICLE IV, PERMISSIBLE USES, SECTION 5, LAND USES, GENERAL BUSINESS (GB) AND SECTION 5, LAND USES, MANUFACTURING DISTRICT (M-l); PROVIDING AN EFFECTIVE DATE; AND PROVIDING A REPEALING CLAUSE. Mr. Wilenchik moved to approve the first reading of an ordinance revising Article IV, Permissible Uses, Section 5, Land Uses, General Business (GB) and Section 5, Land Uses, Manufacturing District (M-l). Mr. Greenwald seconded the motion. Before the vote, Mr. Marquez remarked this ordinance will be discussed at another workshop and be on a future Council meeting agenda for final approval. At this the vote was taken and the motion carried as follows: AYES: Councilmembers Simonson, Agee, Wilenchik and Greenwald. NAYS: None. #6 RESOLUTION: Consider and take action on Resolution authorizing and approving publication of notice to issue Certificates of Obligation. Mayor Baldwin introduced a Resolution and read the caption as follows: RESOLUTION 03-R-01 A RESOLUTION BY TItE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AND APPROVING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION; COMPLYING WITH THE REQUIREMENTS CONTAINED IN SECURITIES AND EXCHANGE COMMISSION RULE 15e2-12; AND PROVIDING AN EFFECTIVE DATE. Mr. Marquez explained they are authorizing the sale of $3,500,000 which, among other things, will cover part of the cost of the new Fire Sub-Station, the refurbishing of the 103 pool, the matching grant for the FEMA project, the PID project at FM 3009/IH-35, and capital equipment items such as ambulances, tracks, jaws of life and other items. Mr. Greenwald moved to approve the Resolution authorizing and approving publication of notice of intention to issue Certificates of Obligation, complying with the requirements contained in Securities and Exchange Commission role 15c-12. Mr. Wilenchik seconded the motion, which carried with the following votes: AYES: Councilmembers Simonson, Agee, Wilenchik and Agee. NAYS: None. #7 ORDINANCE: Consider and take action on first reading of Ordinance regarding changes to Fire Alarm regulations. Mayor Baldwin introduced an ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING AND RESTATING THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS REVISED CHAPTER 10, MISCELLANEOUS OFFENSES AND PROVISIONS, ARTICLE V, ALARM SYSTEMS, FALSE ALARMS, SECTIONS 10-81 THROUGH 10-94; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING A REPEALING CLAUSE, SPECIFICALLY FOR ORDINANCE NO. 02-M-23. Mr. Marquez pointed out the only change to this ordinance deals with the number of false alarms allowed. Mr. Simonson moved to approve the first reading of an Ordinance regarding changes to Fire Alarm regulations. Mrs. Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Simonson, Agee, Wilenchik and Greenwald. NAYS: None. #8 BID AWARD: Consider and take action awarding bid for pool rehabilitation. Mr. Marquez admitted they were stunned by the low bid. The gentleman from Aquatic Commercial Solutions indicated he was not interested in making all his money on one project. He would like to do this project as a showplace and he knows they can do the job right. 104 Mr. Marquez informed Council the Engineering Company has checked them out and recommends approval. Mr. Greenwald moved to award the bid for the pool rehabilitation to Aquatic Commercial Solutions in the amount of $134,489.00. Mrs. Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Simonson, Agee, Wilenchik and Greenwald. NAYS: None. #9 Items by City Manager General Announcements. Mr. Marquez commented the Board memberships for the Schertz/Seguin Local Government Corporation are about to expire and he is recommending they keep the same members. They will discuss this at the next workshop. The Board works together smoothly. Mr. Greenwald noted the Seguin representatives are very concerned about why the water is not in Schertz yet. Mayor Baldwin asked if there's any word about when it will be here. Mr. Marquez said they are disinfecting now and waiting for laboratory results. Mayor Baldwin then asked if there's going to be a grand ceremony when the water arrives and Mr. Marquez replied probably so. They want to make sure official integrity is in place. #10 Items by Council General Announcements Councilmember Simonson 4-B Board Liaison BVYA Mr. Simonson mentioned there was no room in the Schertz Post Office parking lot today, so he went to Cibolo to mail his items. Is there any way to get plans for a new Post Office off dead center? Mr. Marquez related there had been plans for them to move in beside Dollar General. They can't use capital to buy over 10,000 square feet, but they can lease. The owner has said he would move Dollar General out and expand the building. Mayor Baldwin observed they haven't had much help from the politicians. We need to get them behind us. Besides the parking problem, you never see more than two people working. Mr. Marquez indicated he would draft something up for Council review. 105 Mr. Simonson then stated the City has the exact metes and bounds for the Burch property. It was surveyed before we bought it. Mr. Marquez reported there are active negotiations regarding the wall. The door has been reopened. Councilmember Agee 4-B Board Liaison Schertz Housing Authority Liaison Schertz Library Board Mrs. Agee referred to an item under FYI and said the School Board passed a policy accepting and/or budgeting for AED's for the district. The City is doing the training. Mr. Marquez noted there are now AED's in the police cars and there are plans to install them in the Municipal buildings. Councilmember Wilenchik 4-B Board Liaison Schertz Humane Society Liaison HOA Coalition Mr. Wilenchik reported attending a meeting regarding the traffic light on FM 3009 at Dietz Road and Live Oak Road. Everyone appeared to be in favor. It looks favorable at this point. Mr. Marquez advised he would be asking for a budget adjustment for the City's share. Mayor Baldwin commented we would definitely need a traffic light if they close Elbel Road for a while. Councilmember Greenwald 4-B Board Ex-officio P&Z Commission Ex-officio SSLGC Mr. Greenwatd mentioned he had distributed copies of the SSLGC agenda and minutes and copies of their water leases. He wondered why they can't make their own lake. They need to start utilizing their acreage. They still haven't heard anything from Mixon. #11 Items by Mayor General announcements. Mayor Baldwin had nothing to report. A gentleman in the back of the chambers, Lincoln Coderre, had some questions about Old Wiederstein Road and Green Valley Water. He wondered if any new subdivisions were going in out there. Mayor Baldwin told him he needs to make an appointment and come in and chat with the City Manager and the Planning Department. 106 #12 ADJOURNMENT There being no further business to discuss, Mayor Baldwin adjourned the meeting at 8:00 p.m. Mayor, City of Schertz, Texas ATTEST: City Secretary, City of Schertz, Texas 107