04-09-03
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CITY COUNCIL MINUTES
SPECIAL WORKSHOP SESSION
APRIL 9, 2003
The Schertz City Council convened in Special Workshop Session on Wednesday, April 9,
2003 at 7:00 p.m. in the Municipal Complex Conference Room, 1400 Schertz Parkway,
Schertz, Texas. Those present were Mayor Hal Baldwin, presiding; Councilmembers
Carl Douglas, Steve Simonson, Tony Wilenchik and Ken Greenwald. Absent:
Councilmember Reginna Agee. Staff present were City Manager Mark Marquez and
City Secretary Norma Althouse.
#1 HEARING OF RESIDENTS
Robert Brockman of 4505 Grand Forrest had the following comments:
. Thanked the City for the Big Splash ceremony. It went very well.
. Thanked the staff for the porta-potties at the ballfields out back of City Hall.
. Mentioned again he has been pushing for a new City Hall and expects to see it on
the agenda.
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. Stated Clovis Haddock was sworn in as a member of the Planning and Zoning
Commission last night. They have quite an extensive Oath of Office.
Ramon Cook of 913 Dimrock had signed up to speak on Item #7, discussion of
Woodland Oaks Project, and when asked by the Mayor if he would like to wait until that
item comes up, answered he would wait.
At this time Mayor Baldwin moved up Item #8, Walk through of Church property. The
Mayor, those Councilmembers present, the City Manager, all other Staff members and
any guests present participated in a walk through of the Good Shepherd Catholic Church
property next door to City Hall. The property is for sale since a new Church has been
built in a different location in the City. The walk through lasted from 7:05 p.m. until
7:29 p.m. The Mayor called the meeting back to order at 7:30 p.m.
#3 Discuss tinal reading of Ordinance creating a Reinvestment Zone for
TADCO 2.
Mr. Marquez reported nothing has changed since the first reading of the ordinance.
Council agreed they were ready for this item to be included on next Tuesday night's
agenda.
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(-) #4 Discuss tinal reading of Ordinance authorizing a tax abatement for TADCO 2.
Once again, Mr. Marquez reported nothing has changed since the first reading of the
ordinance. Council indicated they were prepared for this item to be included on next
Tuesday night's agenda.
#5 Discuss awarding ambulance bids.
Mr. Marquez advised Council these bids are for two ambulances. The low bidder was
Wheeled Coach. They were originally a little higher, but had a lot of bells and whistles,
which were removed. There's also a possibility of a trade-in. Mayor Baldwin expressed
some concern over going to aluminum wheels.
Mr. Wilenchik inquired if they pared down the other bidders and was told by Dudley
Wait, EMS Director, they did not. Mr. Wait said that was on the advice of City
Attorney, Michael Spain.
Mayor Baldwin asked about the chassis and Mr. Wait explained it is an International
medium-duty chassis.
Mr. Simonson asked if they don't need a cooling cabinet. Mr. Wait answered they can
add it back in later. For right now they can buy a unit that will plug into the truck.
) Mr. Wilenchik questioned if they are accepting the bid for $153,000 or $133,000 and
then wondered if we don't have to give the other bidders a chance. John Bierschwale,
Asst. City Manager, stated that Mr. Spain said the only one who can negotiate is the low
bidder. He recommends the revised bid be approved. Mr. Marquez indicated it is being
done by the book.
Mr. Marquez asked Mr. Wait if we trade one ambulance in, will we still have five and
was told we will. Mr. Simonson added it is good to get a heavier duty ambulance.
Mayor Baldwin pointed out that Mike Mueller of Wheeled Coach is present and for those
who remember Heinz Mueller from Live Oak, Mike is his son.
Council was prepared for this item to be included on next Tuesday night's agenda.
#6 Discuss proposed rate structure and setting of public hearing date for drainage
utility.
Larry Dublin ofFord Engineering was present for this discussion.
Mr. Marquez commented that to say the fee won't rise would be disingenuous - it may
rise. As they buy equipment to maintain drainage, there will be costs. The crew will be
integrated with the Streets and Parks Department. The crew will consist of a Foreman
-.-~ and workers, and the Supervisor will be a FEMA representative for the City of Schertz
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) Mayor Baldwin confrrmed there is no drainage fee if a property is not developed. Mr.
Bierschwale then stated the drainage fee has nothing to do with water consumption. Mr.
Dublin advised that the LUE (living unit equivalent) is acceptable criteria to establish
drainage fees. Mr. Marquez felt it is the simplest way. Mayor Baldwin asked if it's
defendable and Mr. Marquez replied he thinks so. Mr. Dublin noted there would be
wording in the ordinance to allow appeal. Mr. Simonson said the question is do we want
the appeal to come to Staff or to City Council.
Mr. Marquez observed that American Freightways has done everything to take care of
drainage problems.
Mr. Wilenchik asked what the cost would be for a regular residential lot and Mr.
Marquez replied it would be $2.10. Mr. Dublin pointed out the same residential lot in
San Antonio would be $2.29.
Mayor Baldwin inquired if the completed ordinance would include rates and Mr.
Marquez answered yes it would.
Mr. Marquez informed Council that if they were happy with the rates, a Resolution
calling a public hearing would be on next week's agenda. The recommended date for the
public hearing is May 20, 2003.
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/ #7 Discuss Woodland Oaks Project.
Mr. Marquez reminded Council they have a letter in their packets from Mr. Bierschwale
on this subject. The City has received a request from the Woodland Oaks Homeowners
Association for the Public Works Department to construct a measured walking path at the
Woodland Oaks Homeowners Association Park. The area to be constructed would have
open access to the general public.
Mr. Douglas indicated he had some questions and some concerns. According to the
Woodland Oaks covenants it takes 75% of the homeowners to approve use by the public.
Why should the City go in and improve an area for the exclusive use of the homeowners?
Mr. Marquez related the City had joined with a different Homeowners Association and
helped buy park equipment. It was a Homeowners Association project with assistance
from the City. Mr. Bierschwale stated they always do a match/match with the Ashley
Place Park.
Mr. Wilenchik commented they can cede land to the City with less than 75% of the vote,
and he has no heartburn if they open it up to the public, but they would . need the
cooperation of the Homeowners Association. The covenants would prohibit a project
like this.
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:') Mr. Douglas asked if the City is going to be willing to do this for other Homeowners
Associations.
Mr. Simonson noted the City does things in cooperation with the school district, but
doing it with a Homeowners Association may be opening up a Pandora's box and the
City should do some serious research before jumping in.
Mayor Baldwin inquired about the costs for this proposal and said an advantage would be
they could establish a walking trail they wouldn't have to maintain. Mr. Bierschwale
estimated the labor to be approximately $5,000 and the materials to be approximately
$6,000.
Mr. Douglas thought the expenditure of public funds on private property is asking for bad
publicity. Mr. Cook pointed out the intent of the Woodland Oaks community is to
maintain the project to City standards.
'Mayor Baldwin asked if the homeowners would allow the public to park in their parking
lot and Mr. Cook answered they would have to allow it. Mr. Douglas pointed out the
facilities are open only to members and their guests.
Mr. Bierschwale admitted there is no precedence for this and the decision is up to City
Council.
) Robert Brockman asked if there aren't areas in Woodland Oaks where some people can
use the facilities and others can't. Mr. Douglas replied that's true. After further
discussion, Mayor Baldwin asked Council if they wanted to put this item on a future
agenda for a vote and they answered no.
Mr. Bierschwale commented it's the first time a situation like this has come up. The City
can establish a policy.
#9 Items by City Manager
General Announcements
Remarked that with the departure of Ron Youngblood, he would like to recommend Amy
Madison as the MPO representative. Council had no objections.
Reported they got the final signature today on the PID Project. It will begin as soon as
the public hearings are held. All twelve property owners will be assessed. Mr. Simonson
asked if they have all the property and was told they would probably have to take the
Ripps to condemnation.
Mentioned unless Council objects, there will be a twelve-hour event at the park this
weekend. It will be the American Cancer Association Relay for Life. There may be
noise and potential nuisances. Council approval is needed to make exceptions to
ordinances. Mayor Baldwin felt they could get cooperation. Mr. Greenwald agreed as
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\ long as the noise and nuisances are not excessive. He was told Police Chief Cantrell
y would be there most of the night.
Advised the Health Inspector wants to alter the fees charged for Food Handling Courses.
He will lose $4.00 on the courses, but will pick up other duties. Mayor Baldwin
suggested amending his contract.
Noted that pursuant to 4-B activities, a joint meeting will be set up to approve
Resolutions calling for a public hearing. Council had no objection.
#10 Items by Council
General Announcements
Councilmember Douglas
Liaison EDC
. Reported meeting with the City Manager regarding the Solicitor's Ordinance and
feels Council should take another look at it. It has a tendency to be discriminating
to existing businesses and he thinks it needs to be reviewed. Mr. Marquez noted
the intent is to regulate soliciting. Mr. Wilenchik asked if that isn't the Ordinance
just recently passed and was told it is. Mayor Baldwin recommended putting it on
the next workshop agenda.
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I Mentioned the off-premises sign for Arroyo at the Dietz Apartments and the Felix
.
Leon sign on Elbel Road and wondered if they are legal.
Councilmember Simonson
4-B Board
Liaison BVY A
. Stated BVY A is having a special meeting the same date and time as our next
meeting on April 15th. Asked if it would be possible for someone to attend in his
place, for example Gail Douglas.
. Expressed appreciation for the updates from the Herald provided by Tony Wilson.
Councilmember Wilenchik
4-B Board
Liaison Schertz Humane Society
Liaison HOA Coalition
. Advised he had applications with him for the Doggie Dash on May 3rd and
encouraged anyone interested to take some with them. Mayor Baldwin said
there's an organization doing spay and neutering at Handy Andy. Is it sanitary?
He was advised this organization does it for the betterment of animals and it is
very sanitary.
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. Commented that Mr. Marquez had said they would have a workshop on
establishing a re-investment zone. When will that be? Mr. Marquez replied the
re-investment zone has to be tied to something. He will have to look into the law.
Several Councilmembers asked to be briefed at a workshop after Mr. Marquez
looks at the law.
. Listed several items talked about in the past on which Council needs an update.
Namely, Borgfeld Road, the light at Live Oak Road and FM 3009, GASB 34 and
the Codification of Ordinances. He then listed several new items, specifically the
expanding role of the Animal Control facility (the facility is kind of small) and
compensation for the Mayor and Councilmembers. As far as compensation,
Mayor Baldwin suggested polling other communities ( Mr. Wilenchik suggested
communities of the same size as Schertz) and reviewing the ordinance. He
volunteered to serve on the committee. Mr. Simonson also volunteered.
Councilmember Greenwald
4-B Board
Ex-officio P&Z Commission
Ex-officio S/SLGC
-- Related that Clovis Haddock attended his first Planning and Zoning meeting last
, night and found it very enjoyable.
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. Said Planning and Zoning reviewed plats for apartments in Northcliffe, for Pecan
Center Subdivision, and for the Eckhardt Road Subdivision. Apparently the
gentleman in charge of the Eckhardt Road Subdivision made some changes on the
plat with which Planning and Zoning did not agree. They turned down the plat. If
he makes the necessary changes, they will probably approve it.
#11 Items by Mayor
General Announcements
. Reporting attending the Northcliffe Homeowners Association meeting last night.
Nothing major came up, but there were some concerns about loose animals and
they also feel like burglaries have gone up since they were annexed.
. Mentioned the Northeast Partnership meeting is tomorrow.
. Complimented the Staff on the Big Splash ceremony.
At this time Council took a short break before going into Executive Session.
#12 EXECUTIVE SESSION: Called under Chapter 551 of the Texas Government
Code, Sub-Section 551.072, Deliberation regarding real property.
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An Executive Session was held from 9:20 p.m. until 10:00 p.m.
#13 Action, if any, on above Executive Session.
No action was needed.
#14 ADJOURNMENT
There being no further business to discuss, Mayor Baldwin adjourned the meeting at
10:01 p.m.
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ATTEST:
~~ !lW~~
City Secretary, City of Schertz, Texas
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