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.
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· 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.
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#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
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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.
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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.
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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.
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#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
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