ccwks 05-26-04
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CITY COUNCIL MINUTES
SPECIAL WORKSHOP SESSION
May 26, 2004
The Schertz City Council convened in Special Workshop Session on Wednesday, May
26, 2004 at 7:00 p.m. in the Municipal Complex Conference Room, 1400 Schertz
Parkway, Schertz, Texas. Those present were Mayor Hal Baldwin, presiding;
Councilmembers Carl Douglas, Steve Simonson, Reginna Agee, Tony Wilenchik and
Ken Greenwald. Those staff members present were City Manager Mark Marquez and
. City Secretary NOIma Althouse.
#1 CANVASSING OF ELECTION RETURNS: Consider and take action regarding
canvassing of election returns for the City General Election held May 15, 2004.
Mayor Baldwin introduced an Ordinance and read the caption as follows:
ORDINANCE NO. 04-E-17
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BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS CANVASSING
THE RETURNS AND DECLARING THE RESULTS OF THE CITY GENERAL
ELECTION HELD IN SAID CITY ON THE FIFTEENTH DAY OF MAY, 2004;
AND DECLARING AN EMERGENCY.
Mayor Baldwin then related that in the City General Election held on May 15, 2004,
there were two candidates for Mayor. George Mower received 189 votes and he, Mayor
Baldwin, received 751 votes. There were two candidates for Councilmember Place 1 and
Kelly W. Kistner received 362 votes and Carl C. Douglas received 544 votes. There
were two candidates for Councilmember Place 2 and Steve Simonson received 480 votes
and Michael R. Carpenter received 453 votes. Hal Baldwin was declared the winner for
Mayor, Carl C. Douglas was declared the winner for Place 1 and Steve Simonson was
declared the winner for Place 2.
Mr. Wilenchik moved to approve the elections returns for the City General Election held
on May 15, 2004 and declaring Hal Baldwin the winner for Mayor, Carl C. Douglas the
winner for Place #1 and Steve Simonson the winner for Place #2. Mr. Greenwald
seconded the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None.
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#2 SWEARING-IN OF ELECTED OFFICIALS
City Secretary, Norma Althouse, gave the Oath of Office to Mayor Baldwin,
Councilmember Douglas and Councilmember Simonson and congratulated theln on their
victory.
#3 HEARING OF RESIDENTS
Robert Brockman of 4505 Grand Forrest had the following comments:
Welcomed the City Manager back and said he was worried about having to pick on the
Asst. City Manager.
. Said last night at the Planning and Zoning meeting, citizens who are in an area being
rezoned along 1-10 stated they arc worried about Sexually Oriented Businesses being able
to locate in their neighborhood.
Mentioned that up where Continental Homes is building, there is feuding about who's
going to fix the road.
Asked how things are coming on 13th Row (Live Oak Hills) in regard to the 120-day .
moratorium on development. Is there going to be a moratorium for another 120 days?
Mr. Marquez replied probably. They are going to have to change the Statute and that
requires action by the Legislature.
#4 . Presentation by Larry Hicks regarding Prescription Assistance Program.
Fred Ramirez, stating he was standing in for Larry Hicks, was present. Mr. Ramirez
advised he is the Program Director for the Prescription Assistance Program. He then
distributed some information to Council showing graphs to help him explain how the
program has grown.
Mr. Ramirez explained there is a processing fee of $10.00 per person participating in the
program. The total projected program benefit to the community is $3,200,000 and the
total projected program benefit to Schertz is $48,000.
Mayor Baldwin verified there is no insurance company involved and there is no Medicare
or Medicaid. Mr. Ramirez said that's correct - they are helping those who do not have
prescription benefits.
Mr. Douglas said he sees they currently have 18 Schertz residents enrolled and Mr.
Ramirez acknowledged that's true.
Mayor Baldwin observed this is obviously a program that's not going to get cheaper. He .
than asked Mr. Ramirez if he was present to ask for more participation or the same as in
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the past. Mr. Ramirez answered he was open to any amount. Mr. Simonson then
inquired when the money is due and was told by Mr. Ramirez it is due on October 1st.
Mayor Baldwin then suggested to Council that they consider a larger amount than
$5,000. Mr. Simonson added maybe they could manage $7,500. Mr. Wilenehik was in
favor of a higher amount.
Mrs. Agee asked if they get participation from Seguin and Mr. Ramirez replied Seguin's
participation represents 2%. Mrs. Agee then stated that perhaps if Schertz kicks in some
money on the sidewalk issue, perhaps Cibolo would consider contributing to the program.
Mayor Baldwin indicated they would talk about this at budget time.
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#5 Discussion of an Ordinance authorizing the issuance of "City of Schertz, Texas
combination tax and limited pledge revenue certificates of obligation series 2004";
providing for the payment of said certificates by the levy of an ad valorem tax upon
aD taxable property within the City and further securing said certificates by a lien
on and pledge of the pledged revenues of the system; providing the. terms and
conditions of said certificates and resolving further matters incident and relating to
the issuance, payment, security, sale and delivery of said certificates, including the
approval and distribution of an official statement; authorizing the execution of a
paying agent/registrar agreement and a purchase contract; complying with the
requirements of the letter of representation with the depository trust company; and
providing an effective date.
Mr. Marquez advised Council they are looking at 7.6 million dollars. This includes the
purchase of the church property (next door to City Hall) and renovations to that property
and to the Community Center. They are also looking at various drainage and street
projects and softball fields.
Mr. Marquez went on to say he had a long discussion with Mark McLiney of Southwest
Securities today and the Ordinance will be in the packet next week for approval. The sale
will be the first day of June. He is concerned about renovations to the Community Center
because of steel prices. Mr. Greenwald asked how long we could hold out and Mr.
Marquez replied maybe 5 years.
Mr. Greenwald suggested that if they're worried about construction costs, they could
hold for maybe a year and perhaps construction costs would come down. Rates are
moving as we speak. Mr. Simonson pointed out steel prices are going up because of the
demand overseas.
Mr. Douglas inquired if the Church documents are signed and Mr. Marquez replied yes
they are. Mr. Marquez then emphasized they need to proceed, Arbitrage is not an issue.
They need a general agreement to proceed and will probably start with the ball fields and
drainage proj ects.
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Mr. Wilenchik mentioned that perhaps they could bid out the Fire Department building .
and these at the same time. Mr. Simonson mentioned the steel addition to the
Co=unity Center is the most expensive, but they have a lot of options.
Council was ready for this item to be included on next Tuesday night's agenda.
#6 Discussion with representative of Schertz Business Association regarding the
following items:
a. Park curfew Ordinance
b. Alcohol Consumption Resolution
c. Contract
Mr. Marquez advised Sharon Pennington, President of the Schertz Business Association,
is here this evening to represent this item.. He then stated he finds the contract terms
acceptable for the 4th of July Jubilee.
Council was prepared for this item to be included on next Tuesday night's agenda.
Mayor Baldwin commented he hopes the Schertz City Couneil can be ahead of the Live
Oak City Council in the parade this year.
#7 Discussion regarding Memorandum of Understanding on Automatic Aid.
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Mr. Marquez stated this is sOlllewhat of a complicated process, but probably not a bad
idea. Fire Chief Friesenhalm is here to help explain it.
Chief Friesenhalm explained this allows them to put more resources on a specific
incident.
Mr. Douglas asked who some of the other entities are which are participating and Chief
Friesenhalm answered Bracken, Cibolo, Randolph Air Force Base, Converse and Live
Oak. ChiefFriesenhalm then went on to say they have been doing this as a pilot program
since January of2003.
Mrs. Agee asked who's spearheading this program and ChiefFriesenhalm answered he is,
and the other entities are coming in on our terms.
Council advised they were ready for this item to be included on next Tuesday night's
agenda.
#8 Discussion and possible action regarding sidewalk issue on Dietz Road.
Mayor Baldwin stressed they like to maintain a good relationship with all their neighbors.
The Northeast Partnership was fonned a number of years ago and they do good things.
There is now a junior college on the northeast side. They don't want anything to happen .
to Randolph Air Force Base.
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Mr. Simonson inquired if Cibolo participated in the drainage and was told by Asst. City
Manager, Jolm Bierschwale, they did. Mayor Baldwin observed there would be other
occasions in the future. Mr. Simonson then asked how much money we're talking about
and Mr. Marquez replied approximately $15,000 and two ADA ramps.
Mayor Baldwin stated that seems reasonable and Mr. Simonson indicated he could go
along with $15,000.
Mrs. Agee asked if the ADA ramps arc required by law and Mr. Bierschwalc replied they
put them in their subdivision. Mr. Simonson then asked if that's included in the $15,000
or will they ask for additional funds. Mr. Marquez advised the $15,000 would do what
they need to do. Mr. Bierschwale noted that Cibolo would take over the drainage
structure.
Mr. Wilenchik agreed they would have to work together, so go ahead and allocate the
money.
Mr. Simonson moved to authorize $15,000 fnr sidewalks on Dietz Road with the
understanding Cibolo maintain the right-of-way and drainage. Mr. Douglas seconded
the motion, which carried with the following votes:
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AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None..
#9 Discuss imal reading of Ordinance rezoning 39.737 acres from Predevelopment
(PD) to Residential/Agricultural (RIA). (Tim Tabbert and Buford Purser property)
Council was advised there have been no changes since the first reading. They were ready
for this item to be on next Tuesday night's agenda.
#10 Consider and take action setting public hearing date of June 1, 2004 for the
rezoning of 672.62 acres from Residential/Agricultural (RIA) to Manufacturing
District- Light (M-1) and 20.91. acres from Residential/Agricultural (RIA) to
General Business (GB) along 1-10. (This public hearing was originally scheduled for
May 18th and then cancelled.
Mr. Marquez related that some concerns by citizens were expressed at the Planning and
Zoning meeting last night. These were alluded to earlier by Mr. Brockman.
Mr. Greenwald commented the biggest concern comes from misinformation. They think
the area will fill up with Sexually Oriented Businesses. The Bexar County Appraisal
District is verifying agricultural exemptions.
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Mayor Baldwin mentioned the first 1,000 feet is General Business and a billboard has to
be on the premises. The ordinance calls for approximately 20 acres of General Business.
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. Mr. Greenwald added that Planning and Zoning is. recommending 500' of General
Business along Graytown Road.
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Mr. Greenwald moved to set a public hearing date of June 1, 2004 for the rezoning of
672.62 acres from ResidentiaV Agricultural (RIA) to Manufa<rturing District - Light (M-l)
and 20.91 acres from ResidentiaVAgricultoral (RIA) to General BU$iness (GB) along
1-10. Mr. Simonson seconded the motion, whieh carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None.
#11 Community Development Department Update
Amy Madison, Community Development Director, started her presentation by
introducing her staff. Between them they have II total of 66 ~ years with the City; They
are Erin Matlock - Administrative Assistant, Misty Nichols and Jonette Ellis - Planners,
Leonard Truitt - Building Official, Inspector Ken Anderson, Asst. Inspector Tom Eaton
and Code Enforcement Officer Ted Kryglll', and Inspection Clerks Debbie Perrone and
Bernadette Sanabria.
Mrs. Madison reviewed some of the highlights from a report included in the Council .
packets. They included the motto: Building Tomorrow Today and the Mission
Statement: Provide Comprehensive First-Class Customer Service to Insure a Confident
Future for Our City. They also included the Boards and Commissions - Schertz
Development Foundation, Economic Development Commission, Planning and Zoning
Commission and Board of Adjustment.
Also included were Professional Affiliations: Texas Economic Development CoUncil,
Austin-San Antonio Economic Development Committee, OU/ED! Advisory Board, Tri-
County Economic Development Coalition and Metropolitan Planning Organization
Steering Committee.
Their improvements were also listed - those being a revised Tax Abatement application,
II revised Tax Abatement Ordinance, the Business Appreciation Dinner, revised
applications and checklists, reduced time for application process, UDC Amendments, an
established calendar, installation and implementation of INCODE software, established
in-house training, person-to-person Code Enforcement and review of Building Codes and
. Schedules.
Also provided was a list of new businesses, both residential and commercial, and new
residential areas.
Lastly was a list of coordinated Special events such as the Big Splash, 4th of July Jubilee, .
Schertz Parkway Grand Opening, Business Appreciation Dinner, Festival of Angels and
Christmas in the Park.
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Council thanked Mrs. Madison for her presentation.
#12 Discussion of first reading of Ordinance reg.rding a Tax Abatement
Agreement for and with L.O. Apartments, LTD (formerly Legacy Oaks
Apartments).
Mr. Marquez adviscd that before the Agreement is signed, there is a name change and the
effective date will be changed from Janusry 2004 to January 2005.
Council agreed they were ready for this item to be included on next Tuesday night's
agenda.
#13 Discussion of reappointment and. appointment of members to the Economic
Development Commission.
Council decided to go ahead and approve the appointments this evening. Mr. Simonson
moved to reappoint Jackie Jones, Arnold Barrett and Harry Richburg and to newly
appoint MaJjorie Douglas to the Economic Development Commission. Mr. Greenwald
seconded the motion, which carried with the following votes:
AYES: Councilmembers Simonson, Agee, Wilenchik and Greenwald.
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NAYS: None
ABSTENTIONS: Mr. Douglas
#14 Discussion regarding Park at Woodland Oaks.
Mr. Marquez reported there was discussion at the meeting last week by citizens about the
placement of a decorative cinder block wall (for sound diffusion) 10' tall and 120' long,
and about the placement of shrubbery on both sides of the wall to improve the looks and
control the sound from the basketball court.
A gentleman ( name and address unknown) stated there are three two-story homes near
the park and they can't avoid the noise. Their property values will go down, Curfew is at
10:00 am and the park closes at 11 :30 a.m. Mr. Marquez said it might make sense, for
the sake if all the abutting residences, to set a curfew from sunrise to sunset.
The gentleman then stated there are two residents willing to pay for moving the basket-
ball court. Mr. Wilenchik pointed out that is not an option. Mr. Wilenchik also stressed
he is not in favor of establishing a curfew from dawn to dusk. The park is for kids.
Where else would they go?
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Mr., Simonson suggested tall shrubs for sound diffusion. Gail Douglas, Community
Services Director, agreed and added tall trees to the list of possibilities. Mr. Douglas
reminded them the area has a concrete spillway, so keep in mind the root distribution.
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Bob Brown (address unknown) asked Why a basketball court was put there in the first
place. Ms. Douglas replied at the begging of the HOIDeowners Association. Mr.
Marquez said to keep in mind it is a public parle. Mrs. Agee added that you would think
when somcone is purchasing a home, they would look at the surrounding area.
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The consensus of Council was to go ahead with the plan to install a wall and shrubbery at
the Park at Woodland Oaks.
Mr. Brown stated the citizens would like a response to their concerns.
#15 Discussion of alternate bids for FIre Station on IH-35.
Mr. Marquez reviewed the fact that Council rejected all bids last week. They are trying
to find a way to get this project accomplished. They could go forward with the
infrastructure. they still have a bay and could use the trailer as temporary living
quarters. They need to get services up. there. They CGuld separately build the septic
system some other time. They are . hoping to have services out of that area by October.
Mr. Douglas inquired if the mobile facility is moveable and was told it is.
Mr. Greenwald asked if they could get a usable septic system and was told they could.
Council advised Mr. Marquez to move forward with the search for alternate bids.
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#16 Items by City Manager
General Announcements
· Reported there was a Homeowners Association meeting on Monday in
Woodbridge. The residents were very aggressive, but polite. It was a pleasant
experience.
· Advised the Guadalupe County Commissioners Court will meet next week to
discuss interlocal agreements.
· Informed everyone Police Chief Cantrell resigned. Steve Starr is the Interim
Police Chief.
· Mentioned the groundbreaking for PID was today and it went very well.
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#17 Items by Council
General Announcements
Councilmember Douglas
Liaison - EDC
Liaison - Schertz Library Board
· Commented he recciveda weird phone call regarding an ineident over the
weekend with personnel at Animal Control. He told the person to call either Mr.
Wilenchik or the Police Chief. Mr. Wilenchik said the person called his house
and got very upset. It had to do with a dog incident.
Couneilmember Wilenchik
4-B Board
Liaison - Schertz HUOlane Society
Liaison -'- HOA Coalition
Ex-officio TSAC
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· Mentioned attending the Greenshire Homeowners Association meeting with Mr.
Marquez. They are an active Association and David Riclunond was there. A lot
. of good compliments were received on the water situation. They do, however,
feel the schools are unable to keep up with residential growth.
· Advised the Humane Society business is booming. They had a $4500 fund-raiser
in April and medical expenses of $3000. They are in need of a vehicle. He can't
tow a trailer with his vehicle because it won't be covered by insurance. There is a
remote adoption in the park this Saturday. He then asked if it's true there is a
doggie park in the plans for the new area.
· Said the last thing he wants to bring up is that supposedly there was going to be a
20-mile bike trail in the City. Mr. Simonson said LCRA was originally going to
support the bike trail, then we hit a blank wall. Mr. Wilenchik asked if it's worth
pursuing and Mr. Simonson replied yes it is. Mr. Wilenchik then wondered when
they could expect some feedback and Ms. Douglas advised they are asking the
gentleman who did the plan for the recreational areas beside City Hall to take a
look at all the City parks. At this time Mayor Baldwin read a letter from LCRA
regarding the trail.
Councilmember Simonson
4-B Board
Liaison - BVY A
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· Referred to e-mail regarding the low water crossing on Aviation and noted Mayor
Baldwin had responded to it.
· Expressed appreciation for the updated brochure on Teen Court.
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Councilmember Agee
4-B Board
Liaison - Schertz Housing Authority
· Asked if anyone had seen the article on TV about the Edwards Aquifer minerals
helping to prevent heart attacks.
Councilmember Greenwald
4-B Board
Ex-officio P&Z Commission
Ex-officio S/SLGC
· Reported the Schertz/Seguin Local Government Corporation met last Thursday.
They had their quarterly budget review. Also Wells 7 and 8 are completed - they
are just waiting on the production pennit.
· Remarked the Planning and Zoning Commission had a lengthy discussion last
night on Belmont Park Subdivision and the drainage along Wiederstein Road.
#18 Items by Mayor
General Announcements
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. Welcomed the City Manager back.
· Thanked everyone for a super job at the PID ribbon cutting.
· Stated the City came out and flushed the fire hydrants in his area because a
neighbor complained of a chlorine smell.
#19 ADJOURNMENT
adjourned the meeting at
ATTEST:
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City Secretary, City of Schertz, Texas
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