ccrg 03-01-2005
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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.
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#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.
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#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.
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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.
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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.
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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
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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.
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#10 ORDINANCE: CONSIDER AND TAKE ACTION ON ORDINANCE
REGARDING STOP SIGNS IN NORTHCLIFFE.
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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.
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#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
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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
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. 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.
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#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.
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Mayor, City of Schertz, Texas
ATTEST:
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