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ccrg 03-01-2005 . . . COUNCIL - REGULAR SESSION TUESDAY, MARCH 1, 2005 The Schertz City Council convened in regular session on Tuesday, March 1,2005 at 7:00 pm in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Hal Baldwin presiding, Council members Carl Douglas, Steve Simonson, Reginna Agee, Tony Wilenchik and Ken Greenwald. Staff members present Interim City Manager Johnny Bierschwale and Deputy City Secretary Mary Ybarra. Mayor Baldwin welcomed everyone and called the meeting to order at 7:00 pm, and asked everyone to rise and join him in the Pledge of Allegiance to the Flag. He welcomed Samuel Clemens High School Government students, Schertz Housing Authority staff, Housing Authority residents, Miss Sweethearts Court, parents and friends; the press, non-smokers and smokers present. #1 RECOGNITION-JAMES P. THEISEN Mayor Baldwin introduced James P. Theisen retiring Resident Director for Schertz Housing Authority. Mayor Baldwin presented Mr. Theisen with a plaque in recognition of 10 years of dedicated service to the City of Schertz Housing Authority from July 1995 to March 2005. He acknowledged, Mr. Theisen would be well remembered by many senior citizens and housing authority residents for all of his efforts in making living conditions comfortable, especially during the 1998 flood, when all housing units were damaged. Mr. Theisen will be greatly missed and appreciated for his years of service. At this time, Mayor Baldwin introduced Barbara Theisen, and the current resident Director of the Housing Authority, Annett Benedict. #2 PRESENTATION OF MISS SWEETHEARTS COURT Mayor Baldwin explained that the Miss Sweethearts candidates underwent a tough question and answer session conducted by a panel of three, on February 24, 2005 at Schertz Community Center. After all the tabulations were in, five were selected to represent the Schertz court. At this time, Mrs. Pennington, Court Coordinator introduced assistant court coordinator, Michelle Osgood who would be making plaque presentation. The following are the 2005 Miss Sweethearts of Schertz Court: Holly Lewis, Miss Liberty 2005 Emily Furillo, Miss Freedom 2005 Stephanie Honeck, Miss Jubilee 2005 Christine Eppel, Miss Friendly City 2005 AsWey Mayle, Miss Schertz 2005. At this time, the Mayor excused himself (photo with Sweethearts Court) and turned the meeting over to Mayor Pro-tern Agee. Mayor Pro-tern Agee continued with the next item on the agenda. 167 . . . #3 HEARING OF RESIDENTS Oscar Anderson. 605 Maple Drive reiterated concerns from last meeting relative to recommending a smoking ban for the entire City. Instead of recommendation to ban the entire City and after listening to all comments last meeting and Council supporting Ordinance as is, he recommends putting the democratic process to work by letting the voters of Schertz decide, lets put the issue on the May ballot. Let the people decide. At this time, Mayor Baldwin returned and continued with hearing of residents. Harvev Hild. 1430 Weil Road reiterated concerns voiced at last meeting relative to bad effects and health related illness caused by smoking. He advised that yet another family member is terminal due to smoking. He believes Council isn't representing the people of Schertz if the Ordinance is not extended to prohibit smoking citywide. Robert Brockman, 1000 Elbel Road made the following comments: . Advised of water standing (when it rains) at the entrance Bell North Drive up in Schertz Industrial Park. . Learned of grant money at Commissioner Court meeting. Jack Hamlet, Seguin City Manager reported on grant totaling $11,528.00, of which would be used to purchase rifles. If information is needed Mr. Hamlet would be the person to see. . Reported on Veterans Clinic that would be held at Silver Center, Seguin at 8 pm. Mike Esoinola. 3430 Harvest reiterated that if business has a smoking environment, simply don't go there. No one has been summons. Attendance is a choice. Non-smoking facilities are accessible just a few miles down the road. Before moving on to next agenda item, Mayor Baldwin introduced Wanda Canales. Wanda was a City employee working as bookkeeper many years ago, moved away to Rio Grand City and somehow has found she way back to Schertz. We welcome her back. #4 APPROVAL OF MINUTES: REGULAR SESSION OF FEBRUARY 15, 2005. Mayor Baldwin offered compliments to City Secretary and staff for providing minutes on a timely manner. Council member Simonson moved to approve the minutes of Regular Session, February 15, 2005. Council member Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald NAYS: None. 168 . #5 CONSIDER AND TAKE ACTION ON ORDINANCE NO. 01-H-24 REGARDING SMOKING BAN. Council member Wilenchik stated he takes exception to the fact that if Council doesn't approve something; Council isn't acting in the best interest of the citizens of Schertz. He believes the Ordinance in place is a prime example of trying to satisfY both sides. His personal opinion is to repeal the ordinance in it's entirely (because it is a choice), or if health is going to be the issue then extend the ban to include everyone. He supports something has to be done with the Ordinance, and would like to hear from Council on the issue. Council member Greenwald stated that the principal driving factor was second-hand smoking, with concern of our youth working in fast food restaurants, etc. The Ordinance as it stands allows individuals to make a choice, whether to patronize facilities that allow smoking. It tries to accommodate both sides. He supports leaving Ordinance as is. Council member Agee agrees that everyone has choices, however if the VFW is allowed the smoking exception, then possibly put an age limit, no children allowed under the age of 18 years of age. If the Ordinance were to be changed, then possibly the only change would be to add age restriction. She would like to see more discussion on the matter. . Council member Douglas stated that at present it would be up to the VFW to make the decision, whether to make the facility a non-smoking facility or not. It's a matter of choice. He believes it is a matter of choice and the City shouldn't detect. However, the City should do the best to fulfill the wishes and desires of Citizens and believes the Ordinance meets that goal. Mayor Baldwin stated he finds nothing wrong with the Ordinance, however would hope that the VFW would reframe from smoking in the bingo hall, if children were in attendance. The purpose of the Ordinance was to protect the children from smoking facilities. At this time, Council member Wilenchik moved to repeal the smoking ordinance in its entirety. Motion fails for lack of a second. Council member Wilenchik moved to amend (to extend) the Ordinance as it stands to include all public places in the City of Schertz. Motion fails for lack of a second. Council member Wilenchik remained Council of Mr. Oscar's recommendation (if motioned failed) that Council consider placing the matter on the May ballot if possible, if not, whenever it is possible. . The issue of placing the issue on the ballot was briefly discussed covering issues such as timeline, petition, etc. Council rnember Agee again asked, she would like discussion on the matter of age restriction. Council member Wilenchik believes it's not a good idea for Council to legislate, let's not go there. As the Mayor stated, it would be up to the VFW to set those restrictions if they choice to do so. Council member Agee stated that the unfortunate thing is that some parents sometimes don't make the wisest decisions when it comes to their children, and believes that looking at the issue from a health perspective deserves discussion. 169 . . . Council member Douglas agrees and would like to see discussion on the issue. The concern focuses on protecting children. Certain restrictions are in place relative to age and agree responsibility falls on parents of these children, however sometimes children don't have a voice and in certain circumstances someone must step in to become their voice, and believes the issue deserves discussion. Councilmember Wilenchik stated he would like to include that the discussion also address the issue of child obesity and discuss banning all fat foods in the City of Schertz. At this time, Council member Douglas moved to approve that Ordinance No. 01-H-24 regarding smoking in public places remain as is. Council member Wilenchik seconded the motion, which carried with the following votes: AYES: Council members Douglas, Simonson, and Greenwald. NAYS: Council members Agee and Wilenchik. Mayor Baldwin noted that discussion would be placed on future agenda relative to; children in public places that allow smoking. #6 PUBLIC HEARING: ON THE IMPOSTION OF A MORATORIUM ON PROPERTY DEVELOPMEMT IN THE PLATTED SUBDIVISION IDENTIFIED ON A SUBDIVISION PLAT OF THE LIVE OAK HILLS SUBDIVISION. Interim City Manager Bierschwale stated this is the second attempt at trying to establish moratorium. The moratorium in the Live Oak Subdivision would give the City and landowners an opportunity to develop an organization (similar to Pill) to possibly come up with a solution to develop the subdivision. The subdivision has no water, sewer or street system that allows current landowners to access property. Robert Brockman noted that the City had a moratorium in place at one time and let it expire. Now, here it is again, he believes the City hopes that the State Legislature does something to correct the situation. He believes the City is just spinning their wheels. Mayor Baldwin stated that the moratorium would protect the entire subdivision until a solution is worked out or some agreement is reached with landowners and the City. It was noted the City of Selma has a developer that is working on a solution. The City of Selma has as many lots in their city limits as does Schertz. Mayor Baldwin added that the City has asked the State Legislature to help come up with legislature to help move the process along faster, however in the meantime the City will do what it can. There being no further comments, Mayor Baldwin closed the public hearing. #7 DISCUSSION ON RESOLUTION REGARDING A MORATORIUM ON PROPERTY DEVELOPMENT IN SUBDIVISION. TEMPORARY A PLATTED Interim City Manager Bierschwale explained the Resolution is standard and is the same as Council approved last December. Council member Wilenchik asked if the City would ever be able to get anything done, without having to go through condemnation 170 . proceeding if property owners aren't located. Mayor Baldwin advised that might be a final solution. Council member Greenwald noted that the original developer has been located in the City of Cleburne and he is working to acquire the address. It is his understanding the developer and family are still the owners of quite a few lots. The fact that some of the lots are still owned by the developer might give a City a leg up on getting some help. It was Council consensus to place Resolution on next Tuesday night's meeting for consideration. #8 DISCUSSION ON FIRST READING OF ORDIANCE ADOPTING MORATORIUM ON PROPERTY DEVELOPMENT IN A PLATTED SUBDIVISION. Interim City Manager Bierschwale explained that Ordinance is pretty much standard and would start process of adopting moratorium. It was Council consensus to place first reading of Ordinance on next Tuesday night's meeting for consideration. #9 ORDIANCE: CONSIDER AND TAKE ACTION ON ORDINANCE REGARDING MUNICIPAL COURT OF RECORD. . Mayor Baldwin introduced an Ordinance and read caption as follows: ORDINANCE NO. 05-M-06 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT CHAPTER 12 OF THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS BE AMENDED AND RESTATED, ESTABLISHING AN EFFECTIVE DATE, AND DECLARING AN EMERGENCY. Interim City Manager Bierschwale explained that City Attorney, Michael Spain has made adjustment to Ordinance; Section 12.4; Appointment of Municipal Court Prosecutor, and cleaned up reparative wording on page five; paragraph (b) and abolish paragraph (c), which removes reparative wording on fines. After brief discussion, Council member Greenwald moved to approve Ordinance regarding Chapter 12, Municipal Court of Record and declaring an emergency. Council member Wilenchik seconded the motion, which carried with the following votes: AYES: Council members Douglas, Simonson, Agee, Wilenchik and Greenwald. NAYS: None. . #10 ORDINANCE: CONSIDER AND TAKE ACTION ON ORDINANCE REGARDING STOP SIGNS IN NORTHCLIFFE. 171 . . . Mayor Baldwin introduced an Ordinance and read caption as follows: ORDINANCE NO. 05-D-07 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING SECTION 18-33; STOP INTERSECTIONS-DESIGNATED ALL-WAY STOPS; AND PROVIDING A REPEALING CLAUSE. Interim City Manager noted no changes since last meeting and recommends approval. Council member Agee moved to approve Ordinance regarding stop signs in Northcliffe. Council member Simonson seconded the motion, which carried with the following votes: AYES: Council members Douglas, Simonson, Agee, Wilenchik and Greenwald. NAYS: None. #11 ORDINANCE: CONSIDER AND TAKE ACTION ON ORDINANCE REPEALING TAX ABATEMENT ORDINANCE 01-T-I0 AND TAX ABATEMENT AGREEMENT FOR AND WITH TADCOrrRI-COUNTY LTD. AND ESTABLISHING A NEW TAX ABATEMENT ORDINANCE AND TAX ABATEMENT AGREEMENT WITH VERDE REALTY MASTER LIMITED PARTNERSHIP. Mayor Baldwin introduced an Ordinance and read caption as follows: ORDINANCE NO. 05-T-08 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS REPEALING TAX ABATEMENT ORDINANCE 01-T- 10 AND TAX ABATEMENT AGREEMENT FOR AND WITH TADCOrrRI-COUNTY LTD. AND ESTABLISHING A NEW TAX AGREEMENT ORDINANCE AND TAX ABATEMENT AGREEMENT WITH VERDE REALTY MASTER LIMITED PARTNERSHIP. Interim City Manager noted no changes since last meeting and noted it was final reading of the Ordinance. Council member Greenwald moved to approve final reading of Ordinance repealing Tax Abatement Ordinance 01-T-1O and Tax Abatement Agreement for and with Tadco/Tri- County LTD. and establishing a new Tax Agreement Ordinance and Tax Abatement Agreement with Verde Realty Master Limited Partnership. Council member Wilenchik seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald. NAYS: None. 172 . . . #12 ORDINANCE: CONSIDER AND TAKE ACTION ON ORDINANCE REPEALING TAX ABATEMENT ORDINANCE 03-T-13 AND TAX ABATEMENT AGREEMENT FOR AND WITH TADCOrrRI-COUNTY LTD. AND ESTABLISHING A NEW TAX ABATEMENT ORDINANCE AND TAX ABATEMENT AGREEMENT WITH VERDE REALTY MASTER LIMITED PARTNERSHIP II. Mayor Baldwin introduced an Ordinance and read caption as follows: ORDINANCE NO. OS-T-09 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS REPEALING TAX ABATEMENT ORDINANCE 03-T- 13 AND TAX ABATEMENT AGREEMENT FOR AND WITH TADCOrrRI-COUNTY LTD. AND ESTABLISHING A NEW TAX AGREEMENT ORDINANCE AND TAX ABATEMENT AGREEMENT WITH VERDE REALTY MASTER LIMITED PARTNERSHIP II. Interim City Manager noted no changes since last meeting and noted it was final reading of the Ordinance. Council member Agee moved to approve final reading of an Ordinance repealing Tax Abatement Ordinance 03-T-13 and Tax Abatement Agreement for and with TadcolTri- County LTD. and establishing a new Tax Agreement Ordinance and Tax Abatement Agreement with Verde Realty Master Limited Partnership II. Council member Douglas seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald. NAYS: None. #13 REIMBUREMENT CONTRACT: CONSIDER AND TAKE ACTION ON REGARDING REIMBRUSEMENTCONTRACT-FORBES MANAGEMENT. After a brief discussion, it was Council consensus to postpone consideration of reimbursement contract with Forbes Management until such time that Mr. Forbes could be present. Council member Greenwald moved to postpone consideration of reimbursement contract with Forbes Management until such time that Mr. Forbes is able to attend. Council member Wilenchik seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald. NAYS: None. #14 RESOLUTION: CONSIDER AND TAKE ACTION ON RESOLUTION REGARDING "BUY BOARD". Interim City Manager Bierschwale stated there are no changes since last meeting discussion and added that coop purchasing is a good tool for the City. It will save time 173 . . . and money such as in advertising, etc., and recommends Council grant approval for the City to become a member of the Buy Board. If approval were granted the first anticipated purchase would be lighting system for park area. Council member Agee moved to approve the Resolution regarding the "Buy Board". Council member Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald. NAYS: None. #15 WRITE-OFFS: Consider and take action on the following: a. Water write-offs. b. EMS write-offs. a. Water write-offs Interim City Manager stated there are no changes since last discussion and Water write- off amount totals $82,492.78 from a period of October 2002 through September 30, 2004. The amount goes out to debt collection, however at request of City Auditor for cleanup purposes will be removed from the books. b. EMS write-offs Dudley Wait, EMS Director stated there are no changes since last discussion and the EMS write-off totals are complied from the following; contractual allowable, amount of $215,011.19 represents funds that cannot be collected by accepting MedicarelMedicaid payments; amount of $16,134.63 represents those patients who don't have insurance, deceased, homeless; and lastly amount of $382,692.66 represents the true bad debt with collection agency for a number of months with no activity, of which the overall totals $613,839.19. Council member Simonson moved to approve the Water write-offs and EMS write-offs as presented. Council member Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald. NAYS: None. #16 Items by Interim City Manager General Announcement . Nothing major to report. Things are just rolling along. #17 Items by Conncil General Announcements Council member Douglas Liaison EDC Liaison-Schertz Library Board 174 . . . . Reported on trip to Austin last Thursday, and noted having received some good contacts from the House of Representatives as well as Senatorial Representatives. Mentioned turning over to Texas Representative a Missouri law passed August of2004 regarding Sexual Oriented Business advertising, for purpose of implementing it in Texas. Council member Simonson 4-B Board Liaison BVY A . Inquired if Kramer Farms has been platted. Was advised no. He voiced concern relative to traffic being dumped onto (2) two 20 mph roads. Inquired if traffic would access onto Schertz Parkway? Was advised that preliminary discussion indicates one road coming out onto Schertz Parkway, a couple of stub outs and possibly using Nell Deane as access. The Planning and Zoning Commission did have issues relative to egress/ingress, however discussion is ongoing. Mayor Pro-tem Agee 4-B Board Liaison Schertz Housing Authority . Had no comments. Council member Wilenchik 4-B Board Liaison Schertz Humane Society Liaison HOA Coalition Ex-officio- TSAC . Asked if anyone is attending the TML Region 7 meeting on Thursday, March 24, 2005. Mayor Baldwin advised he would be attending. Council member Wilenchik asked that RSVP be sent on his behalf . Reported having attended a workshop in Bastrop, Friday, which he found it very interesting. . Mentioned Doggy Dash has gotten off to a good start, have collected $700 so far. Council member Greenwald 4-B Board Ex-officio P & Z Commission Ex-officio SSLG Corp. . Reported having attended a BVYA meeting, where he was informed the number of children participation is ongoing. He learned there are plans of putting a swim team together. . Commented Seguin/Schertz Local Government Corp. is scheduled to meet March 10,2005 at 1:30 pm, Seguin Council Chambers. 175 . . . #18 Items by Mayor General Announcements . Commented on parked vehicle in front of high school, (parent waiting) on Elbel Road with flashers on. Very disturbing when the parking lot is not full, Apparently, these parents don't' want to get caught in the traffic. He also saw vehicles parked at Exxon station (parents waiting), however not much can be done there, unless owner complaints. He was advised it would be checked out. #19 ADJOURNMENT There being no further business, Mayor Baldwin adjourned e meeting a 8: 15 p.m. c2 r Mayor, City of Schertz, Texas ATTEST: 176