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ccswks 07-31-02 SPECIAL WORKSHOP SESSION 7-31-02 The Schertz City Council convened in Special Workshop Session on Wednesday, July 31, 2002 at 7:00 p.m. in the Municipal Complex Conference Room, 1400 Schertz Parkway, Schertz, Texas. Those present were Mayor Hal Baldwin, presiding; Councilmembers Norma Head; Reginna Agee; Tony Wilenchik and Ken Greenwald. Staff present were Interim City Manager Mark Marquez and City Secretary Norma Althouse. Due to the number of people present for the meeting, Mayor Baldwin moved it to the Council Chambers. #1 HEARING OF RESIDENTS Robert Brockman of 4505 Grand Forest had the following comments: . Asked if the City would support him making a list of what's wrong and him giving it to Mr. Marquez. Mayor Baldwin indicated that would be okay Mr. Marquez promised to try and answer all Mr. Brockman's questions. . Asked if City Council shouldn't have free phone service. Is it a requirement to have a telephone to be a Councilmember? Mayor Baldwin replied he didn't think so. . Mentioned there are some bricks left in front of he Community Center from when the remodeling was done for Amy Madison. . Advised one of the water fountains in the front lobby is not working. Mr. Marquez said they are investigating that problem. . Stated the chain link fence behind the Fire Department still has holes in it. It needs to be repaired. . Regarding the property line on Wuest Street, he trimmed some tree limbs and put them in Burch's trash, but had to move them to the City parking lot. . They've done a good job paving Elbel Road. Can Wiederstein be next? #2 SWEARING IN OF MAYOR-PRO- TEM Mayor Baldwin swore in Councilmember Agee as Mayor Pro-Tern. Mayor Baldwin announced he was, with Council's approval, moving Item #11 up to the next item and regrouping in the Conference Room. Mrs. Agee has to leave early for Z35 another commitment and he would like her input on the new Councilmember. Council had no objections. #11 EXECUTIVE SESSION: Called under Chapter 551 of the Texas Government Code, Sub-Section 551.074, Personnel Matters, to deliberate the appointment of someone to fill the unexpired term for Place #2 on the City Council. The candidates for the position were called into the Conference Room one by one for an interview with Council. They were as follows: Eric Dunn II Steve Simonson Nancy Jones Carl Douglas Cimmaron Gilson William Harm Harold Bauman The Executive Session was held from 7 12 p.m. until 8:48 p.m. At this time Council moved back to the Council Chambers for the remainder of the meeting. #12 Action, if any, on above Executive Session. Mayor Baldwin thanked all the candidates for applying and encouraged them if they are not chosen, to apply for other boards in the City. Mrs. Head moved to appoint Steve Simonson to fill the unexpired term for Councilmember, Place 2. Mr. Wilenchik seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Agee, Wilenchik and Greenwald. NAYS: None. Mayor Baldwin said he and Council are looking forward to working with Mr. Simonson. Mr. Simonson commented he humbly accepts their appointment. Councilmember Agee had to leave the meeting at 8:57 p.m. #3 RESOLUTION: Consider and take action regarding Resolution in support of Garden Ridge on PGA issue. Mayor Baldwin introduced a Resolution and read the caption as follows: Z36 RESOLUTION 02-R-9 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, CALLING FOR SUPPORT OF THE PROPOSED LUMBERMAN'S INVESTMENT CORPORATION TO BUILD A PGA RESORT FACILITY IN THE SAN ANTONIO METROCOM AREA. Mayor Baldwin explained that the City of Garden Ridge asked for our support on this Resolution. Mr Greenwald commented he has no problem with the project, per se, even though the property involved will not be annexed for at least 20 years and apparently the other taxpayers support it. Mrs. Head asked Mr. Greenwald if he is choosing the lesser of evils. Mayor Baldwin questioned why they are not being annexed. Mr. Greenwald replied that was part of the agreement. Mrs. Head moved to approve the Resolution supporting Garden Ridge on the PGA issue. Mr Wilenchik seconded the motion. Before the vote, Msyor Baldwin remarked we're not looking at who owns the property, who maintains it, or who collects taxes. He thinks a golf course is safer than thousands of homes. At this time the vote was taken and the motion carried as follows: AYES: Councilmembers Head, Wilenchik and Greenwald. NAYS: None. #4 RESOLUTION: Consider and take action regarding Resolution authorizing certain actions, including proceedings in eminent domain in connection with the acquisition of certain waterline and temporary construction easements in Gonzales and Guadalupe Counties and related matters. Mayor Baldwin introduced a Resolution and read the caption as follows: RESOLUTION NO. 02-R-I0 A RESOLUTION AUTHORIZING CERTAIN ACTIONS INCLUDING PROCEEDINGS IN EMINENT DOMAIN IN CONNECTION WITH THE ACQUISITION OF CERTAIN WATERLINE AND TEMPORARY CONSTRUCTION EASEMENTS IN GONZALES AND GUADALUPE COlH'l uJ!..S AND RELATED MATTERS. Z37 Mayor Baldwin stated this is one of many similar Resolutions brought before Council in support of action by the Schertz/Seguin Local Government Corporation. Mr. Greenwald added this land is needed for an electrical easement for a pump station. Mr. Greenwald moved to approve the Resolution regarding eminent domain as stated in the caption above. Mr. Wilenchik seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Wilenchik and Greenwald. NAYS: None. #5 RESOLUTION: Consider and take action on a Resolution calling for cooperation and a commitment to establish a two (2) year Community College in the northeast area of Bexar County. Mayor Baldwin informed Council this Resolution comes to them at the request of the Northeast Partnership. They are begging for a facility somewhere in our area. They lost the other facility in Converse. He feels it's a fight worth fighting. Mr. Wilenchik inquired if they have any sites under consideration and the Mayor replied several in Converse and perhaps in Live Oak. Mayor Baldwin introduced a Resolution and read the caption as follows: RESOLUTION NO. 02-R-ll BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, CALLING FOR COOPERATION AND A COMMITMENT TO ESTABLISH A TWO (2) YEAR COMMLHu i COLLEGE IN THE NORTHEAST AREA OF BEXAR COUNTY. Mr. Greenwald moved to approve a Resolution calling for cooperation and a commitment to establish a two (2) year Community College in the northeast area of Bexar County. Mr. Wilenchik seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Wilenchik and Greenwald. NAYS: None. #6 Discuss recommended changes in health fees. Mr. Marquez advised Council we need to raise fees to stay more in line with the market rates and those rates charged by surrounding cities. Mr. Wilenchik asked if we're raising rates for maintaining or just for maintaining parity. Leonard Truitt, City Inspector, stated they would be losing money if they don't raise the fees. 238 Council agreed they were ready for the first reading of an ordinance pertaining to changes in health fees to be included on next Tuesday night's agenda. #7 Discuss recommended changes in permit fees. Mr. Marquez once again advised Council our fees are ridiculously low in some cases. There is an expense to the Inspection Department and we need to keep the builders on their toes. Mr. Greenwald pointed out there is nothing in this amendment about rehabbing or excusing fees during flooding situations. Mr. Truitt indicated that is part of the ordinance, it's just not in this particular amendment to the ordinance. Mrs. Head asked if these proposed fees come close to recapturing costs. Mr. Truitt replied they do. Council was prepared for the first reading of an ordinance regarding permit fees to be included on next Tuesday night's agenda. #8 Discuss smoking in City-owned vehicles. Mr. Marquez stated this subject had been brought up by the Mayor and discussion of it was requested by Mr Brockman. Mr. Wilenchik commented this same subject came up a lot at the conference he attended. Mr. Marquez noted he thinks there is a policy on it versus an ordinance. Mr. Greenwald suggested further research to see if a public facility includes vehicles. Mr. Wilenchik mentioned that rule might be there already. Mr. Marquez commented he uses common sense. If someone is riding in a City vehicle with him who doesn't smoke, then he doesn't smoke either. Mayor Baldwin stressed we need a legal interpretation from the City Attorney. Enforcement is tough. Mr. Wilenchik remarked he spoke to Council, as a citizen, against the no-smoking ordinance. Perhaps it needs to be rewritten. Mrs. Head said it all goes back to using common sense. Mr. Marquez agreed and added it is difficult to legislate lifestyles. #9 Discuss final reading of Ordinance regarding sexually-oriented businesses. A new draft had been distributed to Council showing further changes by the City Attorney's office as follows: Page 8, paragraph (P), "or in a state of nudity" was added for a better definition. The remainder of the changes, pages 15 through 29, were simply due to wordsmithing. 239 Mr. Marquez commented there are no substantive changes. Mayor Baldwin asked if the changes would affect the first reading and was told they would not. Mr. Wilenchik reported that one thing that came up at the Conference he attended was that TML is in the business of reviewing ordinances (SOB ordinances included) to make sure they pass constitutional muster. City Council needs to encourage the City to run this ordinance by the TML legal staff. Mayor Baldwin said Council does not wish to insult Fulbright & Jaworski, but TML has over 11 00 cities. He also felt the status of the disannexation ordinance should be checked. Mr Marquez remarked they could defer the second reading of the SOB Ordinance, but he would need to see how long it could be deferred. He will run all this information by the City Attorney. Before Adjournment, the following items were discussed: . Mr. Wilencheck mentioned that for anyone who has their home e-mail address on their business cards, their hard drive could be subject to subpoena as a public record. Mr. Marquez indicated they would order new cards for those in that situation. . Mr. Greenwald noted Council has copies of the Schertz/Seguin Local Government Corporation minutes and a thank you letter from TXDoT. Mr. Wilenchek inquired when Seguin and Schertz would have water from the pipeline being built by the Schertz/Seguin Local Government C"'}M.:u:ion and Mr. Greenwald replied right now it looks like Seguin wi1\ have water in August and Schertz in September. . Mr. Greenwald then added that in a field between Marion and Cibolo, you could see a pipeline in the Schertz/Seguin Local Government Corporation's easement. The Corporation filed for that easement in September of 200 1 Mr. Marquez brought up the following: . Mentioned he has recommended several agenda items for the August 10th agenda and asked Council to let him know if there are items to be considered. . He needs names for the citizens' screening committee for the City Manager search. . The annual TML Conference wi1\ be held in Fort Worth this year on October 16th through the 18th. 240 . The submission deadline for a Hometown Heroes candidate is August 2nd" . They lost a ~~.......'lssor on the air conditioning unit at City Hall the other day and are replacing it on an emergency basis. They are looking at bidding out for an entirely new system. . There will be a presentation by the auditor on GASB 34 in the next several weeks. . The budget was submitted to the City Secretary today as per the Charter requirements. Mr. Greenwald commented there are several things he had asked the Schertz/Seguin Local Government Corporation to consider. First, Hometown Security has grant money available to secure water systems, etc. Second, he asked them to consider doing something for the Gonzales-Smiley school district. There are several hundred acres setting there doing nothing that were bought for water rights. The land is being taken off the tax rolls. If they need land for FFA or an agricultural farm, maybe we could help. It would at least put something back into the community that we have taken out. Mayor Baldwin announced he is leaving Saturday and will be on vacation for the next two weeks. He will miss both the Public Forum and the Strategic Planning Session. He encouraged everyone to attend both events. #13 ADJOURNMENT There being no further business to discuss, Mayor Baldwin adjourned the meeting at 9:45 p.m. \ Mayor, Ciiy of Schertz, Texas ATTEST. ~~~ City Secretary, .City of Schertz, Texas 241