ccwks 02-23-2005
.
.
.
COUNCIL - WORKSHOP SESSION
WEDNESDAY, FEBRUARY 23, 2005
The Schertz City Council convened in Workshop Session on Wednesday, February
23, 2005 at 7:00 pm in the Municipal Complex Council Chambers, 1400 Schertz
Parkway, Schertz, Texas. The foUowing members were present: presiding, Mayor
Hal Baldwin, 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 opened the meeting at 7:00 pm.
#1 HEARlNG OF RESIDENTS
Robert Brockman. 1000 Elbel Road commented on the following:
. Advised there is water standing on Elbel Road at County office building, also
there is no speed limit sign across the road from County office building.
At this time Mayor Baldwin announced that Council would take a break and reconvene in
Council Chambers across the hall. Council would continue with Hearing of Residents and
agenda item #12 would follow.
Council reconvened in Council Chambers at 7:05 p.m., and continued with agenda item
#1 Hearing of Residents.
Roberto Salas. 1041 Gettysburg Dr. brought up the following:
. Advised of potholes on FM1518; going northbound toward Selma. Potholes
have caused damage to a family vehicle, and unfortunately this is money out
of pocket. Who is responsible for maintenance? He was informed by Mayor
Baldwin that TXDOT is, and agreed that the road is in very poor shape.
Amv Madison. Community Development Director reported speaking to Mr. Raul
Gutierrez, Schertz Postmaster and has good news to report on Schertz Post Office project.
The project has gone out to RFP, and Mr. Gutierrez would like to be placed on a future
agenda to give Council an update. He also, would like Council to know that the decision
for the go ahead was not politically influenced; it was more Council and staff influence,
which deserve the full credit. It is likely that in 2007 the City of Schertz will have a new
Post Office.
Geol'2e Mower. 501 Brooks Ave., made several comments regarding Council protocol.
He points out there is a democracy in Schertz. He believes things aren't right. This
evening Council has reframed from talking among them self s and he appreciates that.
157
.
The following residents voiced concerns relative to non-smoking Ordinance:
Oscar Anderson. 605 Maple thanked Council for the opportunity to allow discussion on
the issue. He comments that concern remains intensified relative to second-hand
smoking. He points out that nation wide concern is evident, due to Countries, States and
local Cities placing total ban on use of tobacco products. There are certain companies
denying employment, as well as tobacco companies sponsoring smoking prevention
programs. The point being, smoking is not an accepted practice in public or the
workplace. The City ordinance exemption simply overlooks the purpose in his opinion.
Smoking just isn't deadly in certain establishments; it's just as deadly in bars, as well as
bingo hall, etc. Should the concern of certain establishment exclusion be based on their
solvency? No, the concern should be that every citizen be provided a safe environment in
all establishments. For that reason, he is asking Council to revise Ordinance, especially
Section 7 1/2 -84, A-5, so it can be said that the City of Schertz cares about it's citizens,
and is a smoke free City.
Svlvia Harmon. 1424 Chestnut Dr. commented that she too would like to see Council
revise the smoking Ordinance and points out that approximately 3,000 people die from
second-hand smoking and other associated illness. She also shares concerns, as
commented by Mr. Anderson.
.
Mike ESDinola. 3430 Harvest Dr. from VFW Post #8315 commented that as far as he
knows, smoking is not against the law. Points out that 10 or more patrons at VFW bingo
night are non-smokers. People have choices; don't go if establishment has a smoking
environment.
C.W. Reese. 533 Maple stated the VFW Post opened its doors in 1946, and stressed that
if smoking is banned, it could possibly cause the closing of the Post. The Post cannot
afford to lose business. The Post is a place for Veterans to socialize with friends, etc. At
this time, the Post is open to the public; if ban were imposed the Post would have to
possibly look at becoming a member only establishment. He points out that when land
was donated for construction of the Post, one of its stipulations was that it would be
opened to the public, which the Post would like to continue. This would be hard to do if
ban were imposed. Closing the Post would result in lost revenue to the City. At the
present approximately 17% of sales tax and license permit cost are City revenue. He
believes if the Post went to member only facility the revenue to the City would be lost.
He reiterates the fact that people have choices, if smoking is allowed at the Post don't go.
He supports the Ordinance as it stands.
Harvev Hild. 1430 Weil Road, Marion commented that he lost fumily members to
cancer and recently found out another member of the family is terminal. He too, was a
smoker for many years, however is a non-smoker now for many years. He points out the
old timers are few that frequent the VFW, possibly the younger generation will see things
a bit different. However, before then, he urges Council to consider a citywide smoking
ban.
.
158
.
.
.
At this time, Council moved to item #12.
#12 Discussion on non-smoking Ordinance.
Council Member Wilenchik pointed out that several individuals prompted discussion on
non-smoking Ordinance. He believes revenue should not come to play in the matter.
Smoking is still legal and individuals have the right to make choices. In his opinion, don't
comprise; either do it (city ban) or do away with it all together (no ban).
Council Member Greenwald stated that Tim Swinney was the first to bring up concern of
second-hand smoking and youth working in establishments such as restaurants, etc.,
where smoking was allowed. The current Ordinance set the ban for such establishments
and sees nothing wrong with the City's Ordinance. Council Member Agee stated she
agrees with both Council Members Wilenchik and Greenwald and believes the Ordinance
is good as it stands.
Council Member Douglas stated he is a life member of the VFW and was a smoker at one
time, however no longer and will not go the VFW for that reason, that is his choice. He
believes people have the right of choice and can make their own decisions. He too
supports to leave the Ordinance in place as it stands. As does, Council Member
Simonson. The current Ordinance protects the youth, which is the intent.
Mayor Baldwin stated he understand the concerns voiced this evening, however in his
opinion he would like to see more of concern toward alcohol drinking and pornography.
He believes these issues deserve much more concern. DWI and Dill are killers; City's
cannot prohibit sexual oriented business from entering the City; can set restrictions,
however not prohibit them. He too supports the Ordinance as it stands people do have
choices.
Council asked that the matter be placed on next Tuesday night's agenda for further
discussion and possibly action.
At this time, Council took a short break and re-convened in the Conference Room across
the hall at 7:50 pm.
#2
APPROVAL OF MINUTES:
Workshop Session February 9, 2005
Council member Simonson moved to approve the Workshop Session of February 9,
2005. Council member Agee seconded the motion. However, before a vote was called,
Council member Douglas points out a correction on item #10, change "thee" to read
"there". At this time, a vote was called, which is as follows:
AYES: Council Members Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None.
159
.
.
.
#3
Presentation and Discussion Regarding San Antonio Metropolitan Youth
Soceer Institute (SAMYS).
At this time, Mike Dennis, Secretary/Treasurer of San Antonio Metropolitan Youth
Soccer Institute (SAMYS) gave presentation on a proposed partnership with the City of
Schertz regarding soccer complex consisting of 42 acres on Maske Road. Also, Dr. John
Seaworth, SAMYS Director, James Hope, SAMYS Director, Marco Barros, SA Area
Tourism Council, Exec. Director and Ed Quini, SAYSAT, President were present and
each spoke on the benefits of joint venture.
Mr. Dennis emphasized that with the proposed partnership between SAMYS and the City
of Schertz the benefit would be, Bigger, Better, Faster, and Cheaper. The presentation
covered such issues as; Schertz contribution-In-Kind or "Cost-Free items, monetary
support ($250,000). The presentation included SAMYS contribution to the City such as;
Facility Use, City Tax Revenue, Publicity and Exposure, Compatible development, it also
covered SAMYS responsibilities such as; Maintenance, construction and management.
Mr. Dennis stated that SAMYS is looking at Council to share the vision to do it bigger.
A brief discussion followed relative to City funding and City receiving a return for
monetary contribution, it should be a fair value return that would have to be structured
properly on Y, million dollar funding project.
It was Council consensus to have staff do the research and bring back numbers and
decide whether to tackle it or not. Lets look at all the issues before making any decisions.
#4 Discuss Public Hearing (scheduled March 1, 2005) regarding a proposed
development moratorium.
Council advised they would be ready to hold Public Hearing at next Tuesday night's
meeting.
#5 Discussion on final reading of Ordinance regarding Stop signs in NorthcIiffe.
Interim City Manager Bierschwale indicated there have been no changes, since last
meeting.
It was Council consensus to include this item on next Tuesday night's meeting for action.
#6
Discussion on final reading of the foUowing:
(a) Repealing Tax Abatement Ordinance 01-T-I0 and Tax Abatement
Agreement for and with Tadco/Tri-County Ltd. and establishing a new
Tax Abatement Ordinance and Tax Abatement Agreement with Verde
Realty Master Limited Partnership; and
(b) Repealing Tax Abatement Ordinance 03-T-13 and Tax Abatement
Agreement for and with Tadco/Tri-County Ltd. and establishing a new
160
.
.
.
Tax Abatement Ordinance and Tax Abatement Agreement with Verde
Realty Master Limited Partnership II.
Interim City Manager Bierschwale indicated there have been no changes, since last
meeting.
It was Council consensus to include these items on next Tuesday night's meeting for
action.
#7 Consider and take action on appointment of TSAC Commissioner.
Interim City Manager Bierschwale indicated that TSAC recommendation to fill vacancy
on TSAC Commission is Mr. Andy Bores.
After a brief discussion, Council Member Agee moved to approve appointment of Andy
Bores to the TSAC Commission. Council Member Wilenchik seconded the motion,
which carried with the following votes:
AYES: CounciImembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None.
#8 Discussion on Reimbursement Contract- Forbes Management.
Interim City Manager Bierschwale points out Mr. Forbes is requesting an extension on
reimbursement contract relative to installation of (New Braunfels) sanitary sewer line, to
extend through the year 2010. The original contract was signed in 1991 in the amount of
$160,247.59. This request comes because projected growth in the area has not accelerated
as anticipated. He went on to say that Mr. Forbes originally requested the extension back
in 2003; however was not brought forward to Council at that time. Mr. Forbes is still
seeking the extension.
After a brief discussion, it was Council consensus to include the matter on next Tuesday
night's meeting and asked that if possible have Mr. Forbes present at said meeting.
#9 Discussion on Resolution regarding "Buy Board".
Interim City Manager Bierschwale indicates the "Buy Board" is another tool for Schertz,
giving the City the capability to purchase online (Cooperative Purchasing).
Gail Douglas, Community Services Director stated she met with representative of the
coop and believes the fee of $200 per fiscal year is well worth the amount to join. The
process however requires a Resolution approved by Council. Michael Spain, City
Attorney was asked to review the Resolution before it comes before Council for approval.
Mr. Spain would review all documentation relative to agreement, making sure everything
is in order.
161
.
.
.
It was Council consensus to include Resolution on next Tuesday night's meeting, if City
Attorney found everything in order.
#10 Discussion on Water write-offs.
Interim City Manager explained that the water write-off request comes at the
recommendation of City Auditor, Fred Timmons, in order to keep the City receivables
current. The un-collectible amount ($82,229.14) of Water, Sewer and Garbage accounts
cover a period of October 1, 2003 through September 30, 2004 and all collection effort
has been depleted.
After a brief discussion it was Council consensus to place the matter on next Tuesday
night's meeting.
#11 Discussion on EMS write-offs.
Interim City Manager Bierschwale deferred comments to EMS Director, Dudley Wait.
Mr. Wait explained that the EMS write-off request is broken down into three parts.
Accounts with the current collection agency (MSB) for the first quarter of FY2005 in the
amount of $382,692.66; Internal Billing of such accounts dealing with negotiated
charges, co-pay write-offs, homeless patients, as well as patients that cannot be located or
deceased, amount of $16,134.63; Contractual Allowable of accepted MedicareIMedicaid
payments. The amount of $215,011.90 represents the difference of usual/customary
charges versus what is actually paid by both entities. A spreadsheet was provided to
Council detailing write-offs amounts, as well as revenues billed and cash collected from
October 1, 2004 through December 31, 2004.
He went on to say that EMS is seeking alternative methods and possibly looking at
replacing the City's current collection agency if collections don't turn around. At present
is looking at law firm as collection agency with low fee that has experience working with
city/county collecting bad debts. The agency keeps 30% of what is collected and has
different methods on collection tactics. The City's current agency started showing results,
however results have diminished and are considering possibly replacing them with law
firm agency.
After a brief discussion it was Council consensus to place EMS write-offs on next
Tuesday night's meeting.
#13 Discussion on Employee Remembranee Day activities.
Interim City Manager Bierschwale informed Council of Employee Remembrance Day
activity scheduled March 23, 2005. This year three employees have been added to the
ceremony-taking place at Public Works facility, starting at noon. The ceremony usually
takes approximately (50) fifty minutes and would like to close City Hall for the duration,
162
.
allowing all City employees to attend. Signs would be posted at all City facilities
informing of the closing.
Council had no problem with the request and consensus was to allow City offices to close
during the ceremony of Employee Remembrance Day.
#14 Discussion of new City ID cards.
Interim City Manager Bierschwale referred to new City ill card that is part of Council
packet and inquired if it was to Council satisfaction. He added the new ill card (form of a
key) would allow access into City Hall. Council was shown their own card for closer
examination and was told picture would be added at a later date. Council voiced no
problem with new card.
At this time, Debbie Gildea, Public Information Officer passed out drawing designs for
proposed establishment of separate Seal and Logo for the City of Schertz. A brief
discussion followed on the differences between seal and logo and the importance of both.
There were concerns voiced by Council and Michael Spain, City Attorney on proposed
changes, relative to the current City Seal versus the proposed, having to do with size of
current and the proposed new design. Would the design get lost? Discussion followed on
stamp seal versus embossed seal of which there is no requirement. Currently, the City has
an embossed seal.
. After reviewing designs Council selected some preferences of both and gave some
suggestions. Staff will take all suggestions into consideration and provide a finished
product for Council at a later date.
#15 Discussion on Proposed Legislative Bills.
Michael Spain, City Attorney gave briefing on Legislative Agenda for the 2005 session
and covered the subject and Legislative goals of each of the following:
1. Conflicting County/City Jurisdiction:
2. Protection of Water Pumping Rights
3. Optional County Road and Bridge Fees; City Roads.
4. Public Information Act; Personnel Records
5. Road Impact Fees
6. Platting; Old Subdivisions
7. Speed limits within City
8. School Crossing Guards
Mr. Spain stated bills are being drafted and would be turned over to Representative
Kuempel next week.
.
163
.
.
.
#16 Items by Interim City Manager
General Announcements
. Reported D.R. Horton has completed overlay on Wiederstein Road, starting
approximately 1/4 mile in of Old Wiederstein Road and Dean Road.
. Advised receiving complaint regarding construction trucks driving on
Wiederstein Road. Investigated and observed trucks were coming out of
Cibolo. Will be talking with City Attorney on the situation and would also
look into the issue of Toll road.
. CPS is working on replacing on three lights along Schertz Parkway, lights
have been ordered and GVEC has replaced their lights on Schertz Parkway.
. Advised McDonald has not signed agreement with HEB, which is the hold up
regarding the interconnectivity between HEBlMcDonald.
. Said he would be asking Public Works to widen the new entrance into HEB
parking lot (City design). The cost is approximately $12,000 to $15,000 to
move light and redesign the bend making the curve (right-hand turn) user
friendly. The re-design may possibly take a parking space.
. Advised NBC television is soliciting in San Antonio and Schertz area for the
busiest family with at least three children. The information will go out on the
website as well as the City newsletter.
At this time, Gail Douglas, Community Services Director gave Council an update on a
Park and Recreation Survey. The survey will assist in preparing a Master Plan that must
be in place in order for the City to be eligible for grant money for City Parks. The survey
would be going out in the newsletter this month.
#17 Items by Council
General Announcements
Council Member Douglas
Liaison - EDC
Liaison - Schertz Library Board
. Inquired on status of EMS housing for personnel. Mr. Wait advised the
process is progressing. Evaluations are taking place as to how and where.
Personnel seem comfortable with the progress and have submitted floor plans
for consideration.
. Asked if anyone has heard that Schertz is a "speed trap"? Its not Schertz, it's
possibly Sehna they're referring too. He was advised that usually after a major
accident, laser radar is set up. Police officers are positioned and individuals
are ticketed if (during daylight) speed is over 10 miles the speed limit;
ticketed if ( during night) speed is over 15 miles the speed limit.
Council Member Simonson
Liaison - BVY A
164
.
.
#18
.
. Said someone cleared brush on Nell Deane about a month ago and its still
laying there.
. Inquired on status of EMS substation, did the issue with TXDot get resolved?
He was advised it has and construction is back on track.
Mayor Pro- Tem Agee
Liaison - Schertz Housing Authority
Liaison-Guadalupe County Children's Advocacy Center
. Said she attended Housing Authority meeting this week and James Theisen
conducted his last meeting before he retires.
Council Member Wilenchik
4-B Board
Liaison - Schertz Humane Society
Liaison - HOA Coalition
Ex-officio - TSAC
. Reported attending a Humane Society meeting last evening and nothing major
to report. He did mention that there hasn't been a City representative (from
shelter) in the last five months.
. Said collection of Doggy Dash money has started. Three businesses have
made contributions. Reported that letters have gone out to businesses and 22
letters were returned. Inquired where can an updated list of businesses be
obtained? He was advised the "Talk of the Town" is the most accurate.
Council Member Greenwald
4-B Board
Ex-officio - P&Z Commission
Ex-officio - S/SLGC
. Reported that the Planning and Zoning Commission at their meeting last night
tabled three out of four items on the agenda. All issues were relative to
slgnage.
. Advised of a meeting on 24th February, 6:30 pm in Live Oak regarding
Austin/San Antonio commuter rail.
Items by Mayor
General Announcements
. Asked for consensus from Council regarding City Manager applicants and
interview process scheduled March 4th. They will be arriving on the 3m and
would like to take them to dinner that evening. Asked for suggestions on a
restaurant. A few suggestions were made, however Council will leave the
decision regarding restaurant up to the Mayor. He was advised an agenda
would need to be posted for both meetings.
165
.
.
.
. Inquired if Maske Road Bridge construction has started. Was advised the pilot
channel is cut, however it's been to wet to start anything else at this time.
. Said he received a comment from Exxon owner at the intersection of Schertz
Parkway and Aero Street regarding a major accident. Is there anyway to light
the intersection with caution lights. He was advised the issue would be
checked out.
. Referred to front-page article in newspaper relative to Schertz EMSlFire
regarding saving a life a year ago this last week. It was a very nice story.
#19 ADJOURNMENT
There being no further business, Mayor Baldwin closed the meeting at 9:58 p.m.
r
ATTEST:
166