ccrg 12-02-03
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CITY COUNCIL MINUTES
REGULAR SESSION
DECEMBER 2, 2003
The Schertz City Council convened in Regular Session on Tuesday, December 2, 2003 at
7:00 p.m. in the Municipal Complex Conference Room, 1400 Schertz Parkway, Schertz,
Texas. Those present were Hal Baldwin, presiding; Councilmembers Carl Douglas,
Steve Simonson, Reginna Agee, Tony Wilenchik and Ken Greenwald. Also present were
City Manager Mark Marquez and City Secretary Norma Althouse.
Mayor Baldwin called the meeting to order and asked everyone to rise and join him in the
Pledge of Allegiance to the Flag. Following the Pledge, the Mayor aunounced that before
they get into the business of the evening, they have a special guest here they would like to
recognize. Every year Time-Warner Cable asks the cities in the San Antonio area to
select a candidate for designation as their Hometown Hero. They've been doing it for six
or seven years. Our candidate this year, who was selected, was Mrs. Zenobia Coverson.
Mayor Baldwin asked Mrs. Coverson to stand up and step out to one side so everyone
could see her. He then read the citation that was presented to Time- Warner by the City of
Schertz on behalf of Mrs. Coverson. (Copy of citation attached to these minutes.)
Following the reading of the citation, the audience gave Mrs. Coverson a standing
ovation.
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At this time, Mrs. Coverson introduced some of her Board members and guests who were
present. First was President Rusty Lee who owns C & B Mortgage Company. He hangs
there with her. He can be a pest, but he's persistent. Next was Vice-President, and the
attorney, Steve Cochran. She worries him to death and he's probably going to file
bankmptcy because she voids him of all his money. Next was Julie Salas from Sam's.
She's responsible for Valero contributions of$30,000 and contributions from Sam's. Her
brother, Bill Adamson, is sitting beside her. He is also with Sam's and they have been
major contributors to Forgotten Child. Next was Linda Martin, a City employee, who is
always the first to get there and the last to leave. Also her son, Robert, who has helped for
many, many years until 3:00 a.m. in the morning. Next was Maria Villareal from SACU
and she is responsible for most of their contributions throughout the year along with
many of her sisters who can wrap 500 to 600 Easter baskets in one day. Next were Rita
Pena who everyone knows because she works at the Post Office, and her son Andres
Pena-Ahuyon who have worked long and hard for many, many years. Next was Larry
Escamilla who is the newest member and has a painting contracting company. They drag
him up and he understands. He may not know how to play football, but he knows how to
throw turkeys. They were delivering turkeys until 11 :30 p.m. the other night and that
means if you don't have on gloves, your hands are extremely cold all the way up your
arms.
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Mrs. Coverson then thanked the entire community of Schertz for helping them all these
years. They put in about one-half million dollars per year toward child protection. This
is a massive job, but nobody wants to do it. She's told God she wants to quit and she's
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told everybody else she wants to quit, and they all seem to giggle. She had a heart attack
and a stroke last year and she has pneumonia now, but they got the turkeys stuffed. She's
going to continue as long as the Lord will let her, because this is God's business.
Following this, she received another standing ovation.
Mayor Baldwin mentioned they had cake and coffee plauned for 6:30 p.m., but there was
a miscommunication about the time, so the cake and coffee are in the Conference Room.
Council will not be able to join her, but Amy Madison from the City will preside over
the celebration. Once again, the Mayor thanked Mrs. Coverson.
#! EMPLOYEE KUDOS
Police Chief Cantrell was present to honor four of his employees. The first two were Sgt.
Gumm and Corporal Eisen who distinguished themselves through their selfless actions
and common courtesy to help a motorcycle accident victim in need. Next was Sgt.
Harris who distinguished himself through continuing education by completing a 65-hour
workshop on Performance Counseling. The fourth was Lt. Beverly Todd, who along
with other officers, worked the weekend of the Randolph Air Force Base's 2003 Air
Show. The detailed planning and outstanding service provided a safe and secure
environment for the San Antonio regional community.
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Fire Chief Friesenhahn honored Firefighter Chris Meek with a letter of appreciation from
Jerry Gruber expressing thanks on behalf of his son who is a Boy Scout working on his
merit badges. Mr. Meek took time to thoroughly explain all the aspects of the firehouse,
including vehicles and firefighting procedures. The Grubers got an uninterrupted tour of
the fire station.
Judge Padgett honored Esther Mendoza who distinguished herself by helping an
individual who had been severely injured. She told one of the ladies up front to cal 911
and rushed outside to assist the individual by interpreting for EMS. The man had fallen
off the roof of a house under construction.
#2 HEARING OF RESIDENTS
All three people who had signed up wanted to speak at the public hearing (#3 on the
agenda) dealing with proposed aunexation.
#3 PUBLIC HEARING: To receive citizen comments on the proposed aunexation of
approximately 655.5 acres located adjacent to the existing City limits line parallel to
IH-35 for the North boundary, the City of Cibolo ETJ for the South boundary and
between the existing City limits lines along Northcliffe/Scenic Hills Development on the
West and the City limits line that parallels Eckhardt Road to the East.
Mayor Baldwin explained the procedure to be followed for the public hearing.
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Mr. Marquez presented ground maps and aerial maps of the 665.5 acres proposed for
annexation. He noted the maps show the gaps that need to be filled. Growth and
development are coming and we need to make sure everyone adheres to all City codes.
Mr. Rob Killen of 100 W. Houston St.. San Antonio commented it looks like SO'x100'
lots are planned, which are very small houses. He brought with him all the information
he received prior to last night. Mayor Baldwin asked him when he had received his letter
and he replied about two weeks ago.
\Mr. Killen went on to say he knows State law dictates what can be annexed, but he
thinks it could be annexed on February 28th as well as on December 30th. He feels the
City is moving too fast. Why are they pushing people?
Mr. Killen then said he is a land use attorney in San Antonio and he represents Dr.
Ruskin Norman and Jim Norman. He asked them to come forward with a plan on the
. history of the property. They have owned it since the 1960's and have been farming the
land. They have no plans to develop and were surprised by the City's plans and hoped to
speak with the City Manager about them.
Mr. Killen went on to say they recently became aware a three-year annexation plan is
required and these properties were not designated. A dwelling must be located on each
tract. His request is that they pull the Norman tracts from this annexation.
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Mayor Baldwin inquired if Mr. Killen is saying it is all right to annex those with
dwellings, but not the others. Mr. Killen replied it is in the language of the Statute. City
Attorney, Michael Spain acknowledged Mr. Killen is right. The legislature did a poor job
of writing exceptions into the Statute. He and Mr. Killen disagree on this interpretation,
but it is in accordance with TML. He feels the City is in full compliance with the
regulations.
Mayor Baldwin explained Council has to go with the advice of their City Attorney. He
explained to Mr. Killen he has from now until December 30th to clarify his position.
They are not asking for exceptions to the law, they are asking for protection under the
State law.
Robert Brockman of 4505 Grand Forrest asked what percentage of acreage the City can
annex each year. Mr. Marquez answered it is 10%, the City is well under that and they
intend to proceed.
Mr. Brockman then asked if the City conferred with people in Guadalupe County and Mr.
Marquez answered they sent letters, but they cannot help it if the information wasn't
passed on.
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Mr. Brockman then asked when the service plan for this annexation was written and Mr.
Spain replied it was written on October 30,2003. Mr. Brockman went on to say some of
the things in the Service Plan are untrue, particularly health services. It's like saying
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you're taking money out of his pocket and he has no control over it. The County doesn't
enforce City of Schertz ordinances. Mr. Spain explained that after annexation, the
County will agree by contract to provide services.
Barbara Wright, address not given, commented Comal County can get there before
Schertz.
There was a brief discussion about septic system services and Pat O'Brien from Cibolo
commented the enforeement for septic systems is only by request. Barbara Wright said
the County had shut down people who had too many houses on a lot.
There being no further questions or comments, Mayor Baldwin closed the public hearing
at this time. He advised those present the next opportunity for discussion on this is
December 16th. He suggested if anyone has questions, they call him or the City
Manager.
Mayor Baldwin, acknowledging government students in the audience, told them this was
a good night to come as far as observing democracy in action.
#4 PUBLIC HEARING: To considcr proposed assessment roll for Schertz 1-35/3009
Public Improvement District.
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Charts of the properties involved were shown and it was explained this project deals with
the traffic issues at 1-35 and FM 3009. Accidents there represent 20% of the total
accidents in the City of Schertz.
Mr. Marquez related the staff and the engineers developed a plan to help correct the
situation. They have asked businesses/property owners along the area involved to
contribute. The City will match up to 25%. They have an assessment roll based on the
square footage of each property involved. This public hearing is for comments from
citizens.
Mr. Greenwald asked the estimated cost of the project and Mr. Marquez estimated
approximately $717,000.
Lydia (last name not given) noted that seven of the businesses have agreed to pay. Mr.
Marquez stressed that all of them will pay their fair share. The majority rules. They have
to payor a lien will be placed on their property.
Pat O'Brien of Cibolo asked about the time frame. Mr. Marquez answered he wished he
could give a hard date, but he can't. Once the ordinance is approved, they will proceed.
However, they have to acquire the property before that. Mr. O'Brien than asked if this
project will prohibit crossing from one side to the other of FM 3009 and Mr. Marquez
indicated a median will be put in.
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Robert Brockman of 4505 Grand Forrest stated he thought the median doesn't come far
enough down on FM 3009.
There being no further questions or comments, Mayor Baldwin closed the public hearing
at this time.
#5 ORDINANCE: Consider and take action on first reading of Ordinance regarding
proposed assessment roll for Schertz IH-35/3009 Public Improvement District.
Mayor Baldwin introduced an Ordinance and read the caption as follows:
AN ORDINANCE
LEVYING SPECIAL ASSESSMENTS AGAINST PROPERTY IN THE SCHERTZ
1-35/3009 PUBLIC IMPROVEMENT DISTRICT IN ACCORDANCE WITH THE
PUBLIC IMPROVEMENT DISTRICT ASSESSMENT ACT, SPECIFYING THE
METHOD OF PAYMENT AND THE AMOUNT OF THE ANNUAL
INSTALLMENTS TO BE PAID.
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Mr. Greenwald moved to approve the first reading of an Ordinance regarding proposed
assessment roll for Schertz 1-35/3009 Public Improvement District. Mr. Wilenchik
seconded the motion. Before the vote, Mayor Baldwin explained to the government
students present that this Ordinance would require two reading before being finally
approved. At this time the vote was taken and the motion carried as follows:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None.
#6 INTERLOCAL AGREEMENT: Consider and take action on Library Interlocal
Agreement between Guadalupe County and the City of Schertz.
Mr. Marquez related that each year Guadalupe County has money they share between
Schertz, Seguin and Marion and you have to have an Interlocal Agreement to accept the
money.
Mrs. Agee moved to approve the Library Interlocal Agreement between Guadalupe
County and the City of Schertz. Mr. Wilenchik seconded the motion, which carried with
the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None.
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#7 INTERLOCAL COOPERATION AGREEMENT: Consider and take action on
Interloca1 Cooperation Agreement between the City of Schertz and Comal County for
Subdivision Regulations within the Extraterritorial Jurisdiction of the City of Schertz in
Comal County.
Mr. Marquez advised that several years ago legislation was passed giving each entity a
choice of who would control subdivision regulations in their ETJ. We have a similar
agreement with Guadalupe County. We do not have an agreement with Bexar County.
Mr. Spain explained this kind of agreement is very good. You can have city regulations
and county regulations and this allows one set of rules.
Mr. Greenwald moved to approve the Interloca1 Agreement between the City of Schertz
and Comal County for Subdivision Regulations within the Extraterritorial Jurisdiction of
the City of Schertz in Comal County. Mr. Simonson seconded the motion, which carried
with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None.
#8 BID AWARD: Consider and take action awarding bid for police vehicles.
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Mr. Marquez stated the City received five (5) bids for police vehicles. Staff is
recommending they accept the bid from Seguin Ford in the amount of$101, 980.00. This
was discussed at the previous workshop.
Mr. Greenwald moved to accept the bid from Seguin Ford for five (5) police vehicles in
the amount of $101,980.00. Mrs. Agee seconded the motion, which carried with the
following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None.
#9 Items by City Manager
General Aunouncements
· Mentioned that one of our DEA agents, TFO Darin Scott LaCour, is receiving the
Drug Enforcement Administration (DEA) Administrator's Award for Outstanding
Group Achievement. This is one of the most prestigious awards given by DEA.
· Stated he has reviewed the letter from Mr. Sexton and the Mayor may need to
review it in Executive Session if necessary.
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#10 Items by Council
General Aunouncements
CounciImember Douglas
Liaison - EDC
Mr. Douglas had nothing to report.
Councilmember Simonson
4-B Board
Liaison - BVY A
Mr. Simonson had nothing to report.
Councilmember Agee
4-B Board
Liaison - Schertz Housing Authority
Liaison - Schertz Library Board
Mrs. Agee had nothing to report.
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Councilmember Wilenchik
4-B Board
Liaison - Schertz Humane Society
Liaison - HOA Coalition
Ex-officio - TSAC
Mr. Wilenchik had nothing to report.
Councilmember Greenwald
4-B Board
Ex-officio P&Z Commission
Ex-officio S/SLG Corporation
Mr. Greenwald had nothing to report.
#11 Items by Mayor
General Aunouncements
Mayor Baldwin deferred to the City Manager.
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· Mr. Marquez pointed out this Friday evening is the Festival of Angels celebration.
The parade begins at 6:30 p.m. Council has been invited to ride on the fire truck.
Channel 12 will be there because of the Fire Safe House, which will also be in the
parade. Santa will be there. We are hoping to have the football players. The
lighting of the Christmas tree will take place out front of City Hall.
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· Saturday morning there will be Christmas in the park with snow. Pony Express
will present a Proclamation from the Governor. Santa will be there. Citizens can
get their letters stamped with a commemorative stamp from the Post Office.
There will also be food and beverage.
· Mayor Baldwin asked if anyone is available to greet the Pony Express rider
because he can't be there. Mr. Simonson volunteered.
#12 ADJOURNMENT
There being no further business to discuss, Mayor Baldwin adjourned the meeting at
8:10p.m.
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Mayor, City of Schertz, Texas
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ATTEST:
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City Secretary, City of Schertz, Texas
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Hometown Hero Questionnaire
Please answer as many of the following sections as applicable to provide the judges with an
understanding. of the nominee and his/her work for children. Af!)I personal insight you can
provide will help the judges understand your nominee better and the motivation behind his/her
efforts. Please respond on separate sheets if necessary. Up to two additional pages and .
applicable support materials may accompany this form. .
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o Describe any volunteer service or initiative the nominee made toward a specific goal
in the local communi1)' that has had a positive affect on children.
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In 1989, Mrs. ZenoBia Coverson was asked by a friend to visit a Drop in Shelter for abused
and neglected children in San Antonio. She was,so shocked by the young children that they
visited that day and so sympathetic by their pilghlthat she decided she must do something to
help save these poor souls and bring some joy into their lives. Mrs. Coverson founded The
Forgotten Child, Inc.; a 501c(3) organization that for the past fifteen years, has provided
supporl for thousands of needy children in south central Texas through the TexasDeparbnenl
of Protective and Regulatoly Services. The Qrganization donates hundreds of thousands of
dOilars in food, shoes, clothing, bookbags, school supplies and personal hygiene items to
theseforgotten children every year. All of this is done through contributions to Forgotten Child,
Inc. by major corporations, small businesses, churches, civic groups and individuals and
distributed to needy children by hundreds of volunteers. The organization has no
administrative overhead, building rental, utilities or other costs that would take away from the
children supported by the program.
.. List honors or awards received by the nominee for communi1)' service or educational work.
Mrs. Coverson has received numerous awards from Child Protective ServIces for her work with
the children but her greatest award or reward are the many, many letters she has received
. from the young people she has helped, thanking her for being there for them.
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Has the nominee developed any programs or services that have contributed to the well-being of
children in your neighborhood or. communi1;y7 If so, please describe the program and its ,
relevance to youth in yourai'ell. _.
Mrs. Coverson's group havecrealed:1he following programs for the children she supports:
Back to school clothing - Each chiId\'lsiven a package that contains 3 pair of jeans, 4 shirts,
socks, a bookbag, school supplies; and personal hygiene items every year prior to school
starting. Last year 646 children were assisted.
Christmas presents - Each child is given a Christmas package that contains, 3 toys, clothing,
and at times, gift certificates. Last year 1,350 children were given Christmas gifts.
Ea$ler baskets - Each child is given an Easter basket containing non-traditional items such
as clothing, shoes hygiene items as well as Easter candy. Last Easter 1,750 Easter baskels
Were distributed. .
Thanksgiving. The Forgotten Child, Inc. volunteers provide 20 pound turkeys and all the
trimmings for 200 families.
Child Abuse Court - A new program this past year provided 50 children involved in domestic
violence and abuSe with stuffed animals and coloring books while they are in court The toys
help stop 1hem li'omcrying as they face 1heir abusers.
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A' List any association or group to which the nominee is a member including communi1;y,
V professional, educational or religious. Please include contact name and phone number. .
Mrs. Coverson is a successful realtor in the area and a member of the San Antonio Board of
Realtors. She has been in real estate for 1hirty-two years.
Although her program provides assistance tQ children all over south Texas, Mrs. ~verson maintains .
her headquarters at her home in Schertz, T axas. Schertz is very proud of Zenobia and we feel she
is truly a 'Hometown Hero' and very deserving of this recognition.