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02-18-2003 CITY COUNCIL MINUTES REGULAR SESSION FEBRUARY 18, 2003 The Schertz City Council convened in Regular Session on Tuesday, February 18, 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 Carl Douglas, Steve Simonson, Reglnna Agee, Tony Wilenchik and Ken Greenwald. Staff present were City Manager Mark Marquez and City Secretary Norma Althouse. Mayor Baldwin welcomed everyone, including students from Ms. Briscoe's government class, and asked them all to rise and join him in the Pledge of Allegiance to the Flag. #1 Introduction of new Police Department employees. Police Chief, Steve Cantrell, introduced Police Officers Rodolfo Acuna and Carlos Toboada and Dispatcher Jennifer Holm and gave their backgrounds and experiences. The Mayor and Council welcomed the new employees to the City. #2 HEARING OF RESIDENTS Robert Brockman of 4505 Grand Forrest had the following comments: Reminded the City Manager he had given him felt pads at a previous meeting. Referred to Item #9 on the agenda and thought it should say 4-Wheel Drive Backhoe versus 4-Wheel Backhoe. Everyone agreed. Said it's getting harder and harder to find fault with the City. #3 APPROVAL OF MINUTES: Special Workshop Session 1-15-03 Regular Session 1-21-03 Special Workshop Session 1-29-03 Regular Session 2-04-03 Mr. Greenwald moved to approve the minutes, as written, for the Special Workshop Session of 1-15-03, the Regular Session of 1-21-03, the Special Workshop Session of 1- 29-03 and the Regular Session of 2-4-03. Mrs. Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald. NAYS: None. 128 ~4 ORDINANCE: Consider and take action on final reading of Ordinance calling General Election for May 3, 2003. Mayor Baldwin introduced an Ordinance and read the caption as follows: ORDINANCE NO. 03-E-07 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, CALLING AN ELECTION TO BE HELD ON MAY 3, 2003 FOR THE PURPOSE OF ELECTING THREE (3) COUNC1LMEMBERS FOR SAID CITY. Mi Simonson moved to approve the final reading of an Ordinance calling a General Election for May 3, 2003. Mr. Douglas seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald. NAYS: None. #5 ORDINANCE: Consider and take action on first reading of Health Ordinance. 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 CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS, CHAPTER 7 1/2, HEALTH, BE AMENDED BY DELETING CHAPTER 7 1/2, HEALTH, AND REPLACING SAME WITH A REVISED CHAPTER 7 1/2, HEALTH; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Marquez advised they made some changes in the fees and a few other changes, which are addressed in the memo from Leonard Truitt, City Inspector. They are following safe food-handling procedures. Mayor Baldwin expressed the hope they are providing relief for non-profit organizations. Mr. Marquez referred to the band boosters and said everyone doesn't have to take the Food Handling Course, just the supervisor. Mayor Baldwin then asked if the course is $14.00 and was told that's correct. It was verified that if the fees are an Exhibit, then if they change, the Ordinance doesn't have to be changed. Mr. Greenwald moved to approve the first reading of the Health Ordinance. Mrs. Agee seconded the motion, which carried with the following votes: 129 AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald. NAYS: None. //6 Consider and take action on Resolution regarding process for Drainage Utility District. Mr. Wilenchik noted this had been discussed at the workshop last week and information had been distributed regarding the fee structure. Mr. Marquez recommended Council set April 1, 2003 as the public hearing date. He then commented this process was first discussed in 1998/99 and now we're up against a deadline with very little choice. We're being very austere in our approach. Mr. Simonson stressed the information about this should be in the Newsletter. Mr. Marquez agreed, saying they are making arrangements to put it in the March Newsletter and then to put a flyer in the April water bills. Mayor Baldwin introduced a Resolution and read the caption as follows: RESOLUTION NO. 03-R-02 A RESOLUTION SETTING A PUBLIC HEARING WITH RESPECT TO THE POSSIBLE CREATION OF A DRAINAGE UTILITY SYSTEM FOR THE CITY OF SCHERTZ AND ITS EXTRATERRITORIAL JURISDICTION AND AUTHORIZING PUBLICATION OF NOTICE THEREOF. Mr. Greenwald moved to approve the Resolution set-ting a public hearing with respect to the possible creation of a drainage utility system for the city of Schertz and its extraterritorial jurisdiction and authorizing publication thereof. Mr. Wilenchik seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald. NAYS: None. Mayor Baldwin reminded everyone the public hearing on this would be April 1, 2003. #7 RESOLUTION: Consider and take action on Resolution regarding Quality of Life Bond Issue. Mr. Marquez commented this is a grass roots program. They have put together a team and a packet to start the process. Two forums will be held in March. Letters are going out requesting bonding authority as opposed to issuing bonds for the entire amount. The 130 City will not issue bonds until they have the revenue stream to pay for them. It could take as long as 5-7 years if we don't have the revenue stream to issue bonds. There could be a slight increase in the tax rate. Mr. Marquez went on to say this Resolution is intended to show support by City Council. Mr. Wilenchik thought that was a good idea. Mr. Greenwald mentioned it's been needed for a while. Mayor Baldwin introduced a Resolution and read the caption as follows: RESOLUTION NO. 03-R-03 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, SUPPORTING PASSAGE OF A QUALITY OF LIFE BOND TO FINANCE ADDITIONAL RECREATIONAL FACILITIES FOR THE CITIZENS OF SCHERTZ. Mr. Wilenchik moved to approve a Resolution regarding a Quality of Life Bond Issue. Mr. Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald. //8 BID AWARD: Consider and take action awarding bid for Wiederstein Road Project. Mr. Marquez informed Council they had budgeted $350,000 for the project and the combined bid (including alternate items for the reconstruction of the road from Schertz Parkway to Forest Ridge) came in at $403,960.05. The alternate items have to do with a culvert as opposed to a low water crossing. The culvert will be between Texas Shine and the Barshop property on FM 3009. John Bierschwale, Asst. City Manager, explained a $47,000 increase is due to the requirements by TXDoT and a $7,000 increase is due to engineering fees. Mr. Marquez stressed it is too important of a project not to proceed. Mayor Baldwin observed we're about $53,000 short budgetwise. If we can't find the funds in the right place, we will have to go to the reserve funds. Mr. Greenwald commented it's sort of like another non-funded mandate. Mr. Simonson indicated that when Texas Shine built, they were told it was okay, but now there are changes. We need to consider if it's a necessary project and remember it's important to connect Wiederstein all the way as an alternate road to IH-35. Mayor Baldwin asked why it has to be a covered ditch and Mr. Bierschwale replied because of safety issues. Mr. Greenwald wondered why TXDoT didn't put in underground drainage all the way along FM 3009 when they redid it. Now they're 131 putting the onus on us and it irks him. Mr. Bierschwale reminded everyone we're saving approximately $72,000 from the previous bid. Mr. Greenwald moved to award the bid for the Wiederstein Road/FM 3009 Intersection project to Capital Excavation Company in the amount of $403,960.05. Mr. Wilenchik seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald. NAYS: None. #9 Discussion and possible action on awarding bid for 4-Wheel Drive Backhoe with Extendahoe. Sam Willoughby, Public Works Director, was present and told Council it is recommended the bid for the 4-Wheel Drive Backhoe with Extendahoe be awarded to Equipment Depot in the amount of $55,444.00. Two bids were received on this item. Mr. Greenwald moved to award the bid for the 4-Wheel Backhoe with Extendahoe to Equipment Depot in the amount of $55,444.00. Mrs. Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald. NAYS: None. #10 APPOINTMENT: Consider and take action appointing Carl Douglas as liaison to the Economic Development Commission. Mr. Marquez advised that Amy Madison, Economic Development Director, had included a memo in Council's packet recommending the appointment of Carl Douglas as liaison to the Economic Development Commission. Mr. Douglas had served on the Commission for two years. Mr. Greenwald moved to appoint Carl Douglas as liaison to the Economic Development Commission. Mrs. Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Simonson, Agee, Wilenchik and Greenwald. NAYS: None. ABSTENTIONS: Councilmember Douglas #11 Items by City Manager General Announcements 132 Said he had included, in Council's packets, a copy of the call volume, in various areas, for the month of January 2003. He thought Council would find it interesting. Noted a timetable for the upcoming May 3, 2003 election was also included in the packets. One applicant, George Mower, has already filed. Speaking of timetables, Mayor Baldwin asked if we're still on schedule for the Certificates of Obligation and Mr. Marquez replied yes. Mentioned the Audit Committee met today. Discussion of and approval of the audit will be on the next workshop agenda and then also the agenda of the following regular meeting. Reported he had a meeting today with the lawyers from the Schertz/Seguin Local Government Corporation. The Corporation needs 1.8 million dollars to finish the two wells already started and they have to act relatively quickly. The issue is that the permits will expire if they don't act on them. There will be a discussion about possible funds at the next workshop. Mr. Greenwald added the site is already taken care of, it's just a matter of drilling the wells. Reminded Council they have information relative to the "Big Splash" on February 20th in their packets. Mr. Bierschwale commented the water from the pipeline is flowing today. It was supposed to have flowed last Friday, but they had to flush the system. Mr. Bierschwale also told Council they are putting out information regarding dialysis machine calibration and fish tanks. Mayor Baldwin suggested Edmond Ortiz get this information published in the Herald Newspaper for people who use dialysis machines. #12 Items by City Council General Announcements Councilmember Douglas Mr. Douglas had nothing to report. Councilmember Simonson 4-B Board Liaison BVYA Said we need to see if there's more room in the Community Center for workshops since more citizens are attending them. Mr. Marquez pointed out the Community Center Conference Room is already carpeted - they just need to check into a recording system. Councilmember Agee 4-B Board Liaison Schertz Housing Authority Liaison Schertz Library Board 133 Asked if Council thinks they should look at having a Strategic Planning Session. Mr. Marquez wondered if there's a month coming up with a 5th Tuesday or Wednesday and was told by the City Secretary that April has a meeting-free week because of the way the calendar falls. Councilmember Wilenchik 4-B Board Liaison Schertz Humane Society Liaison HOA Coalition Repmted he and Chief C antrell attended a Homeowner's Association meeting where a lot of concern was expressed about traffic and safety. Councilmember Greenwald 4-B Board Ex-officio P&Z Commission Ex-officio S/SLGC Told Mr. Marquez to make sure he has alternates plans for the Big Splash on Thursday because they are predicting rain. Mr. Marquez assured him arrangements have been made. #13 Items by Mayor General Announcements Boasted he will become a great-grandfather tomorrow afternoon. #14 ADJOURNMENT There being no further business to discuss, Mayor Baldwin adjourned the meeting at y, .y c Sz, Tex s ATTEST: City Secretary, City of Schertz, Texas 134