ccwks 01-26-2005
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COUNCIL - WORKSHOP SESSION
WEDNESDAY, JANUARY 26, 2005
The Schertz City Council convened in Workshop Session on Wednesday, January
26, 2005 at 7:00 pm in the Municipal Complex Council Chambers, 1400 Schertz
Parkway, Schertz, Texas. The following members were present: presiding, Mayor
Pro-Tem Simonson, Councilmembers Carl Douglas, Tony Wilenchik and Ken
Greenwald. Mayor Hal Baldwin and Councilmember Agee absent. Staff members
present Interim City Manager Johnny Bierschwale and Deputy City Secretary
Mary Ybarra.
#1 HEARING OF RESIDENTS
Robert Brockman. 4505 Grand Forest commented on the following.
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. Thanked the City for placement of street sign at Schertz Parkway and Savannah
Drive.
. Informed that only four (4) Planning and Zoning Commissioners showed up at
meeting last evening- almost didn't have a quorum.
. Inquired, when would the City be getting a bucket truck? Right now Fire truck is
being utilized to change out burned light bulbs. Was informed that issue would be
discussed at mid-year.
. Informed that school board met where decision was reached to discontinue bus
service for the Sycamore Apartment complex area (Schertz Elementary).
Apparently, the apartment complex falls under the two-mile rule.
. Mentioned problem at county jail -it seems there is an outstanding bill since 2000.
Was advised the problem is a Seguin/Guadalupe county issue.
#2 APPROVAL OF MINUTES: Regular Session-12-07-04; Special Workshop
Session-12-15-04; Regular Session-12-21-04; Special Workshop Session-12-29-04;
Regular Session-Ol-04-05.
Council member Greenwald moved to approve the minutes of Regular Session-12-07-04;
Special Workshop Session-l 2-1 5-04; Regular Session-l2-21-04; Special Workshop
Session-12-29-04 and Regular Session-Ol-04-05. Council member Douglas seconded the
motion, which carried with the following votes:
AYES: Council members Douglas, Simonson, Wilenchik and Greenwald.
NAYS: None.
#3 JWD Properties: Presentation and discussion with JWD Properties concerning
utility district.
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Interim City Manager Bierschwale explained that Mr. Larry Aiken is present and would
be making presentation on site proposal for Municipal Utility District south of Schertz.
As far as staff, Michael Spain, City Attorney and Mark McLiney, Financial Investor for
the City, have agreed that it's a good project. It seems that this is possibly the only way to
develop south of the City without it being a burden on existing taxpayers.
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Michael Spain, City Attorney stated that the concept is a way for infrastructure cost of a
major development to be allocated to the project, instead of having the entire City pay for
sewer, etc., with the idea that the development is self-sustaining.
Mr. Larry Aiken made presentation on proposed Municipal Utility District of
approximately 8-9 hundred acres south of town for proposed construction of development
containing multiple tiers of product pricing, park like areas, and light industrial uses. The
presentation informed Council on issues under discussion and possibly provides a
comfort level for Council in order to determine a strategy to tie up the project and finally
come up with formal proposal. Map of the proposed area was shown to Council.
#4 Discussion regarding recommendations for Audio Visual Bids.
Dudley Wait, EMS Director reported that the following three bids were received:
1. Visual Innovation Company, Inc., Austin, Texas
2. Digital Display Solutions Co. Inc., San Antonio, Texas
3. Ford Audio-Video, Inc., Austin, Texas.
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Of the three, two bidders included three (3) options (plasma screen in lobby, Hearing
Assistance Package and separate recording package in Conference Room) and one bidder
submitted without options. Mr. Winneck, Audiovisual Consultant reviewed the bids and
ranked the bids in order as presented, however at his recommendation has returned one
bid (Ford Audio-Video Inc.) due to excessive cost. Mr. Winnek stated he is equally
comfortable with the remaining bids and believes that either would successfully complete
the project, however believes the one bidder (Digital Display Solutions) would provide
better customer service for the project such as training, warranty work and service issues.
Taking all into account and on advice of consultant, recommendation is to award bid to
Digital Display of San Antonio in the amount of $145,880.46. The amount is $1,825 over
the low bid of $$144,055.83; however believe the amount is insufficient for the better
service that would be given after installation is complete.
Council consensus was to place the matter for action at next Tuesday night's meeting.
#5 YMCA: Discussion and possible action regarding YMCA.
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Interim City Manager Bierschwale explained having met with President from Randolph
Metrocom Chamber in December where it was learned that YMCA ("Y") was raising
funds to conduct a feasibility study to build a YMCA, in the Metrocom area. The
chamber president was advised that the City of Schertz had once budgeted $25,000 to
conduct such a study, and if YMCA is serious in building in the area (Schertz), he would
recommend to Council that the City of Schertz help (not to exceed $12,500) with the
study; with stipulation that the YMCA provide a complete study; that the "Y" is bnilt in
the City of Schertz and that negotiations follow (at future date) for a possible site on
current City property. The City has the opportunity to get the same study as previously
budgeted, but for half the price by joining in partnership with the "Y". He recommends
the City to proceed.
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Gail Douglas, Community Service Director stated she is in favor of supporting the
feasibility study. As mentioned, the study was approved two years ago, however it wasn't
done and if the opportunity is available, lets do it, whether the facility is built in Schertz
or not.
Council member Douglas questioned would the feasibility study be based on its findings,
make recommendation as to where the facility would be built.
Sedrick Edwards, Chamber representative stated that the issue is pretty much guided.
However, expressed that the Chamber totally supports the YMCA being in Schertz (Live
Oak Road) and the Chamber would not sign off if decision were reached to locate
somewhere else.
Interim City Manager Bierschwale would like Council consensus whether to proceed
with support of $12,500 to conduct feasibility study, and have City Attorney draft
contract agreement between; Chamber, City and YMCA. He advised the money would be
available from hotel/motel taxes.
Without further discussion, Council member Douglas moved to proceed with the YMCA
feasibility study (not to exceed $12,500) as discussed. Council member Greenwald
seconded the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Wilenchik and Greenwald
NAYS: None.
#6 ORDINANCE: Consider and take action on final reading of TSAC
Ordinance.
Mayor Pro- Tem Simonson introduced an Ordinance and read caption as follows:
ORDINANCE NO. 05-M-02
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS,
PROVIDING THAT CHAPTER 2, ARTICLE V, "ADMINISTRATION-
TRANSPORTATION SAFETY ADVISORY COMMISSION" OF THE
CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS, BE
AMENDED, AND PROVIDING AN EFFECTIVE DATE.
It was pointed out the Ordinance has been reviewed by City Attorney and has met the
requirements and is ready for final approval.
Without further comments, Council member Greenwald moved to approve final reading
of Ordinance amending Chapter 2, Article V, Administration-Transportation Safety
Advisory Commission (TSAC). Council member Douglas seconded the motion, however
a vote was not taken due to City Attorney Spain commenting that Section 2-76;
Composition of Commission: terms of members were blank. The next item on the agenda
is recommendation of members, however the list has not been incorporated into the
Ordinance. He wouldn't like Council to approve an Ordinance without filling in the
blanks.
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Brief discussion followed relative to Ordinance not indicating the names of Board
members, and was determined that City Attorney Michael Spain modify the Ordinance to
reflect; "Effective as of January 1, 2005, nine persons to be named by the City
Council shall serve for the following terms", (blanks would be taken out). However,
the change would need Council approval.
At this time, a motion was made by Council member Wilenchik to approve TSAC
Ordinance as amended. Council member Douglas seconded the motion, which carried
with the following votes:
AYES: Councilmembers Douglas, Simonson, Wilenchik and Greenwald.
NAYS: None.
#7 APPOINTMENTS: Consider and take action regarding appointments to
TSAC Board.
The following is recommendation from the TSAC Commission:
Effective Jan. 1, 2005, Council shall appoint (4) persons to an initial one-year term (odd
years) and recommend the following:
1. William 1. Gignac,
2. Terry Wells,
3. Shawn Vandenberg
4. Open
Effective Jan. I, 2005, Council shall appoint additional (5) persons to an initial two-year
(even years) and recommend the following:
I. Patricia Ramierez
2. Frank R. Johnson
3, Max Hernandez
4. Nena Gerber
5. James Rose
Without further discussion, Council member Wilenchik moved to appointment TSAC
Board as presented. Council member Douglas seconded the motion, which carried with
the following votes:
AYES: Councihnembers Douglas, Simonson, Wilenchik and Greenwald.
NAYS: None.
#8 BID AWARD: Consider and take action awarding bid for Borgfeld Road
Project.
Interim City Manager Bierschwale pointed out that bid award was discussed at workshop
session and notes no changes have been made.
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Without further discussion, Council member Wilenchik moved to award bid to Aaron
Concrete in the amount of$I,059,360.00. Council member Douglas seconded the motion,
which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Wilenchik and Greenwald
NAYS: None.
At this time, Larry Dublin introduced Lee Perry, Engineer of Record for the project.
Council commented the City looks forward to working with him to get the project going
and done.
#9 Discussion and possible action on first reading of Ordinance authorizing
amended and restated Articles of Incorporation of the City of Schertz Economic
Development Corporation; approving amended and restated By-Laws of such
Corporation; appointing Directors to the Board of Directors of such Corporation;
and other matters in connection therewith.
Interim City Manager Bierschwale explained that the Ordinance before Council has been
reviewed by Michael Spain, City Attorney and is presented for consideration. Council
agreed there is no problem with Ordinance as presented. It was pointed out that
discussion on members is ongoing and a list (member names) will be ready at time of
final reading.
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Without further discussion, Council member Greenwald moved to approve first reading
of Ordinance authorizing amended and restated Articles of Incorporation of the City of
Schertz Economic Development Corporation; approving amended and restated By-Laws
of such Corporation; appointing Directors to the Board of Directors of such Corporation;
and other matters in connection therewith. Council member Douglas seconded the
motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Wilenchik and Greenwald.
NAYS: None.
#10 Report and discussion regarding Texas Racial Profiling Law.
Chief Starr stated the report is based on statistical data from Jan. 2004 - Dec. 2004. The
report covers contacts with each race or ethnicity and consent searches, probable cause
searches and custody arrests of each. In addition to the report, data was also complied
against employees that relate to S.B 1074, the disposition of complaints. However, during
the time frame no complaints were received that could be considered S.B 1074 criteria.
He went on to say that it's the Departments objective to continue to work with citizens to
have a working relationship that would assist in understanding racial profiling and
prevent it from existing within the City.
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Council member Wilenchik inquired if the report was based on population. He was
advised; it was based on number of stops, not population. Brief discussion followed on
the question, whether the report would best show racial profiling if it were based on
population. It was determined that in all probability, the report wouldn't be accurate due
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to census report data not up to date. Council member Simonson stated he would like to
see non-residents versus resident data, due to Schertz being a transit City. Again, Chief
Starr indicated this would be difficult, and believes data based on stops is working. He
added that 3 years ago the report was done three different ways as discussed this evening
and, was found that basing the report on stops is the fairest way to show racial profiling.
The City is also in compliance with State Statute.
Interim City Manager Bierschwale stated that if Council desires the report can be based
on population or other means, and asked for direction. It was Council consensus that if
the City is in compliance let the report stand.
#11 Discussion of recommendation to reinstate Lieutenant's position designated
for CID.
Interim City Manager Bierschwale explained that due to an administrative decision, the
original position went to a Captain's position, and because of work load volume the
recommendation is to reinstate the Lieutenant's position. If Council agrees to proceed
and officially approve (next week), he would continue with the process, and notes that it
is going to automatically spur promotions within the Department.
Council member Simonson questioned if money was an issue, and was advised money
was not issue.
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It was Council consensus to place item on next Tuesday night's meeting for approval.
#12 Discussion regarding recommendation for stop signs in Northcliffe.
Interim City Manager Bierschwale pointed out that at meeting with Northcliffe HOA a
request came forward that the City take a look at speed bumps/humps. As a result, the
Police Department was instructed to investigate stop signs versus speed bumps/humps.
The HOA was told that if the investigation results (speed bumps/humps) were not
warranted, placement of speed bumps/humps could occur, however at the HOA's
expense.
It is the recommendation of TSAC and Police Department that stops signs be placed in
the Northclitfe Subdivision at main complaint areas of Cherry Tree, Chelsea and Mayfair
Lane. The request would be coming forward as an Ordinance for Council consideration,
and staff is recommending this move forward.
Michael Spain, City Attorney referred to observing an out of State speed limit sign in
neighborhood (trying to get traffic slowed down), where sign stated that speeding on this
street, is an extra $200 fine. Don't know if this can be done in Texas in a particular
stretch of street, however this would be an effective way to slow people down. Don't
know if this possible, but would look into the matter if the Department so desires.
Council commented it would be interesting to find out.
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It was Council consensus to start the Ordinance process on recommendation from TSAC
as presented.
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#13 Discussion on first reading of Ordinance calling City Election for May 7,
2005.
Interim City Manager Bierschwale explained Ordinance would be calling election to re-
elect Council member positions 3, 4 and 5.
It was Council consensus to place Ordinance on next Tuesday night's meeting for
approval.
#14 Discussion regarding Bexar Waste, Inc, request for Garbage Rate Increase.
Interim City Manager explained the rate increase if approved reflects a rate increase of
Consumer Price Index (CPI) 00.4%. In addition Mr. Gutierrez has submitted an increase
of 3.5% to offset cost of fuel; landfill tipping, equipment maintenance and insurance that
totals to an increase of 6.9%.
He went on to say that the average bill (residential) would increase from $7.81 to $8.35.
The proposed increases are indicated in "red" in attachment provided to Council. In the
current contract, the contract does not reflect services or fees for roll-off container
delivery, trip/relocation chargers, as well as compactor equipment/container fees. Staff
recommends adding these new services. Mr. Gutierrez is requesting that rates go into
effect 30 days after Council approval, however staff recommends 45-day customer
notification period.
A brief discussion followed on 30-day versus 45-day period notification. It was
determined that the 45-day period would allow staff such as "PIO" to get the information
out via newsletter, as well as getting information out on website, etc.
It was Council consensus to move forward and place item on next Tuesday night's
meeting for approval.
#15 Discussion of Public Hearing scheduled Febrnary 1, 2005 regarding Specific
Use Permit for Block 1, Lot 3 (10 Commercial Place).
Interim City Manager Bierschwale pointed out there is no change for scheduled public
hearing. Reminded Council the specific use permit request is for the Pubic Works
building.
Council would be ready to hold public hearing at next Tuesday night's meeting.
#16 Discussion regarding cancellation of the following public hearings scheduled
for Febrnary 1, 2005:
(a) Rezoning of 12.243+ acres from Single-Family Residential-l (R-l) to
Single-Family Residential-6 (R-6).
(b) Rezoning of 20.525+ acres from Single-Family Residential-l (R-l) to
Single-Family Residential-7 (R-7).
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Interim City Manager Bierschwale explained that both rezoning issues have been
withdrawn at the request of developer. Mr. Larry Aiken, Developer is available to answer
any questions.
Mr. Aiken explained that because of negotiations having to do with proposed
developments (Mesa Oaks, Gutierrez property, school district, transformation of Live
Oak/Maske) with property owners and city staff; the engineers and contractors have run
into several problems with engineering, drainage design, and road alignment issues.
Because of this, it was determined that possibly proposed development is getting to far
into the process without acquiring the total land area that both developers need.
Essentially, we need to back off and regroup.
At this time, Mayor Pro-Tem Simonson commented that item #20 would be moved next
on the agenda. Council took a five-minute break at this time.
#20 EXECUTIVE SESSION: Called under Chapter 551 Texas Government Code,
Sub-Section 551.071, Consultation with Attorney regarding pending or contemplated
litigation.
An Executive Session was held from 8:45 p. m. to 9:15 p. m.
#21 Action, if any, on above Executive Session.
No action was necessary.
#17 Items by Interim City Manager
General Announcements
. Advised he would be in out of town for a couple of days attending a seminar
in Austin, Texas with Council member Wilenchik.
. Commented he has given Dudley Wait a temporary position of Assistant
Interim City Manager to help with duties, as he continues with duties
associated to City Manager.
#18 Items by Council
General Announcements
Councilmember Douglas
Liaison - EDC
Liaison - Schertz Library Board
. Commented having sat in Court (1/2 hour) and was impressed with
proceeding and the work the Judge is doing.
. Made mention of EMS personnel housing accommodations; the City of
Schertz has separate accommodations for male and female personnel, however
City's EMS personnel housed at Universal City have no such
accommodations; one room, two beds male and female. This type of situation
has caused problems with spouses, etc. and believes that this situation is not
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fair to City employees due to possible uncertainties that could exist; publicity
is not wanted and EMS personnel doesn't need to be under additional stress
and strain. Has spoken with EMS Director Wait and was advised of changes
that are ongoing to rectifY the situation.
. Advised Sign Committee is scheduled to hold first meeting, February 11th,
2:00 p.m. in the Police Training Room. A total of 12 -13 members assigned
to committee. Amy Madison acting as staff liaison and Erin Matlock,
Recording Secretary. Meetings lasting approximately an hour.
. Remarked that Economic Development according to their Charter is
responsible for the strategic and marketing plan within the City. Was aware of
the responsibility the two years he served on the committee and had made
several inquires as to why there isn't a strategic plan and received an answer
that there was no money. His comment to this, if there is no money, then it
should be taken out of the Charter. When he became a Council member, he
brought the question up to City Manager Marquez and was advised the money
would be placed in budget. However, the money was never budgeted.
. Asked if video responses have been received (City Manager Applicants). He
was advised one was received as of today.
. Mentioned having met with the Director of Schertz Housing Authority on a
request from Council representative, Hollywood Park relative to a contractor
performance report. Apparently, contractor had mentioned doing some work
for the City of Schertz. The contractor had indeed done some work for the
City in the amount of $125,000. In this visit to the Housing Authority he was
informed that Director James Theisen would be retiring within the next 60
days.
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Mayor Pro-Tern Simonson
4-B Board
Liaison - BVY A
. No comments
Councilrnember Agee
4-B Board
Liaison - Schertz Housing Authority
. Absent.
Councilmember Wilenchik
4.B Board
Liaison - Schertz Humane Society
Liaison - HOA Coalition
Ex-officio - TSAC
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. Reported meeting Larry, Sign maker while visiting City Hall. Larry was a bit
agitated due to running in a sign request for the twelfth time for approval. He
has been working with Pizza Hut signage and apparently Pizza Hut is very
upset with the City sign Ordinance to the point of possibly moving down the
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road to the City ofCibolo. Would like to believe that when the sign committee
meets, the objective would be to come up with an Ordinance designed to work
with businesses, not driving them out. He was informed Mr. Larry Douglas is
part of the Sign committee.
. Reported on long-range vision by Interim City Manager Bierschwale (timing
may be right) on getting the City out of the business of caring for animals.
This would happen by giving the Humane Society the responsibility of caring
for animals and giving the City the responsibility of animal control. To get
this implemented the Humane Society needs a building, the idea being that the
City would lease the existing building, giving the Humane Society contract to
care for animals, cost of wages, with existing employees transferring to the
Humane Society as employees. The City would look into keeping the
employee in the current City system such as protecting the employee's rights
as far as retirement, medical care, etc. Have met with the Humane Society and
currently talks are ongoing with their board to see if it is feasible. Plans are to
come forward mid February with answer from the Humane Society on the
matter. When the matter is resolved, it would come before Council for review
and Council at that time would decide whether to proceed or not.
Councilmember Greenwald
4-B Board
Ex-officio - P&Z Commission
Ex-officio - S/SLGC
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. Reported almost not having a quorum at Planning and Zoning meeting last
evening, only four members showed up. There have been problems with
attendance; there are a couple of names that are continually coming up.
Mayor Pro-tem Simonson pointed out the Planning and Zoning Commission is a very
responsible agency, carrying a lot of responsibility that most Planning and Zoning
Commissions do not. The City cannot afford low participation, and believes the City
needs to deal with it. The City has Ordinance and Charter in place to do so. The Planning
and Zoning Commission has a working tool in place that states that three (3) unexcused
absences is reason to remove a Commissioner, however what constitutes an unexcused
absences. Michael Spain, City Attorney reminded Council that Council has the authority
to remove anyone member ifit chooses to do so.
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. Reported Jesse Hellums showed up at Planning and Zoning meeting, haven't
seen him in the last (15) years. He is trying to develop a 7.6-acre tract,
however there are problems with entrance location. He received preliminary
approval, however suggestions were given to rectify the situation of entrance
design.
. Noted the Mayor is attending the Time Warner Hometown Hero dinner this
evening and added that he is doing research on selection procedure. The
selection made for the City has initiated the research. The honorary selected
lives in Schertz, however part of the requirement as specified in the
nomination form asks for description of volunteer service the nominee has
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performed in the local community. In reading the background information
provided by Time Warner, it seems the qualifications weren't met.
. Stated he would like the item on Tax Credit Housing be placed on next
workshop agenda. Michael Spain, City Attorney gave a brief explanation on
the matter, and advised if Council would like more information on the matter,
he would call and try to find out.
At this time, Michael Spain, City Attorney reported that the City sought and received a
temporary restraining order and temporary injunction to protect the Municipal Judge and
clerk from a harassing individual. The individual has been told to stay away from the
Judge and clerk and not to make any filings with Secretary of State or any County
offices.
#19 Items by Mayor
General Announcements
. No comments.
#22 ADJOURNMENT
There being no further business, Mayor Pro-tem Simonson adjourned the meeting at
10:06 p.m.
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ATTEST:
D~~se~~-ofschertz, Texas
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