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ccreg 05-04-04 . CITY COUNCIL MINUTES REGULAR SESSION 5-4-04 The Schertz City Council convened in Regular Session on Tuesday, May 4, 2004 at 6:00 p.m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Schertz, Texas. Those present were Hal Baldwin, presiding; Councilmembers Carl Douglas, Steve Simonson, Reginna Agee, Tony Wilenchik and Ken Greenwald. Those members of staff present were Asst. City Manager John Bierschwale and City Secretary Nonna Althouse. Mayor Baldwin called the meeting to order and then asked everyone to rise and join him in the Pledge of Allegiance to the Flag. #1 PRESENTATION by Carl Douglas . Mr. Douglas stated he had the privilege of attending a banquet put on and sponsored by Forgotten Child. Zenobia Coverson of Schertz, and founder of Forgotten Child, had been nominated as the Hometown Hero from the City of Schertz this past year. This was her way of thanking everyone for their support. Mr. Douglas then presented Certificates of Appreciation to the following who had not been able to attend the banquet: Hal Baldwin, John Bierschwale, Nonna Althouse, Rita Duprat-Waldo and Evelyn Boggess. Those not present to receive their certificates were Patricia Kim and Esther Mendoza. #2 PROCLAMATIONS: Public Works Week Law Enforcement Appreciation Day Mayor Baldwin read a Proclamation designating May 16th through May 22nd as "National Public Works Week" in the City of Schertz. Public Works Director, Sam Willoughby, accepted the Proclamation. Mayor Baldwin then read a Proclamation declaring May 13, 2004 as Law Enforcement Appreciation Day in the City of Schertz. Police Chief, Steve Cantrell, accepted the Proclamation. #3 INTRODUCTION OF NEW EMPLOYEES Chief Cantrell introduced three new employees in the Police Department and gave a little background infonnation about each. They were Daniel Herpin, William Sutton and Martin Trevino. Council welcomed them to the City. #4 HEARING OF RESIDENTS . Robert Brockman of 4505 Grand Forrest mentioned the following: 303 · Attended the Guadalupe County Commissioners Court meeting this morning. . Mayor Charles Ruppert of Cibolo was there and mentio~ed the non-attainment of ozone action. He also mentioned that Cibolo now has a population of over 5,000. · Thanked Facilities Maintenance for the butt can at the library. #5 ORDINANCE: Consider and take action 011 an Ordinance repealing Ordinanee No. 96-M-3 and other matters in connection therewith; providing an effective date and declaring an emergency. City Attorney, Michael Spain, advised this is an Ordinance repealing the Hand Gun Ordinance adopted by the City in 1996. Since then the law has chlinged and the Ordinanee is not needed. That, however, does not change t1w rules. Mayor Baldwin advised those students present that if they want more information about this subject, to speak: with the City Attorney. Mayor Baldwin introduced an Ordinance and read the captiall as follows: ORDINANCE NO. 04-M-16 AN ORDINANCE REPEALING ORDINANCE NO. 96-M-3 AND OTHER MATTERS IN CONNECTION THEREWITH; PROVIDING AN EFFECTIVE . DATE AND DECLARING AN EMERGENCY. . Mr. Greenwald moved to approve the Ordinance repealing Ordinance 96-M-3. Mr. Wilenchik seconded the motion, which carried with the following votes: AYES: CounciImembers Douglas, Simonson, Agee, Wilenchik and Greenwald. NAYS: None. #6 ORDINANCE: Consider and take action on final reading of Towing Franchise Ordinance with Roadrunner. Mr. Bierschwale indicated there have been no further recommendations to the Ordinance. Mr. Greenwald mentioned that the representative from Roadrunner is here this evening. Chief Cantrell related that everything in the Ordinance is fine with Roadrunner. Mayor Baldwin introduced an Ordinance and read the caption as follows: ORDINANCE NO. 04-F-15 GRANTING ROADRUNNER TOWING A FRANCIDSE FOR NONCONSENT TOWING OF DISABLED OR WRECKED VEIDCLES WITHIN THE CITY . LIMITS OF THE CITY OF SCHERTZ; IMPOSING PROVISIONS AND 304 . CONDITIONS RELATING TO THE EXERCISE OF SAME; AND PROVIDING FOR PENALTIES NOT TO EXCEED $500 FOR VIOLATION THEREOF; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH TillS ORDINANCE. Mrs. Agee moved to approve the final reading of a Towing Franchise Ordinance with Roadmnner. Mr. Simonson seconded the motion, which carried with the following votes: AYES: CounciImembers Douglas, Simonson, Agee, Wilenchik and Greenwald. NAYS: None. in Consider and take action calling a public hearing for May 18, 2004 for the rezoning of39.737+ acres from Predevelopment (PD) to Residential Agricultural (RJA). . Mr. Bierschwale advised this property is behind the aid landfill - it is the old Jackie Keith property. The plans are to build two homes there. Mr. Simonson moved to set a public hearing date of May 18, 2004 for the rezoning of 39.737+ acres from Predevelopment (PO) to Residential Agricultural (RJA). Mrs. Agee seconded the motion, which carried with the following votes: . AYES: CounciImembers Douglas, Simonson, Agee, Wilenchik and Greenwald. NAYS: None. At this time Council moved to the Conference Room for #11 on the agenda. #11 EXECUTIVE SESSION: Called under Chapter 551, Texas Government Code Sub-Section 551.074 - Personnel Matters: Evaluation of City Manager An Executive Session was held from 7:28 p.m.until 9:55 p.m. #12 Action, if any, on above Executive Session. Mayor Baldwin stated no official action is necessary at this time. #8 Items by City Manager General Announcements Announced the Shattered Dreams program will take place in front of Samuel Clemens High School. It is the acting out of a vehicle incident involving teenage drinking. Mentioned they are changing back to chlorine in the water due to yellow build-up. . 305 #9 Items by Councll General Annonncements . Counclmember Douglas Liaison - EDC Liaison - Schertz Library Board · Reported activity is up and complaints are up about the limited parking. We either neoo to expand or look at a new library facility. Mr. Greenwald asked if most of the activity is local and was told it is up 12% over the same time lest year, but a break:down of loeal and non-loeal was not provided. Mrs. Agee mentioned that when she was the liaison to the Library Board, the number of chec~outs consistently increased by 10%. Mr. Greenwald suggested perhaps a library annex. Mr. Douglas added it might behoove the Library Board to give us some direction. Mayor Baldwin wondered if the old fire wagon could be converted to a bookmobile. Mr. Greenwald suggested perhaps an old ambulanee for that purpose. Mr. Douglas reminded them we have limited spac.e for assets. CounciImember Simonson 4-B Board Liaison - BVY A · Indicated they have the same problem - not enaugh fields for all the kids. They . have postponed meetings because of games. Some of these problems can be resolved with the issuance of the 7.5 million dollar certificates of obligation. CounciImember Agee 4-B Board Liaison - Schertz Housing Authority · Mentioned attending the Guadalupe County Child Advocacy Center meeting. They had eleven cases referred to them in April. They are still in need of volunteers. CounciImember Wilenchik 4-B Board Liaison - Schertz Humane Society Liaison - HOA Coalition Ex-officio - TSAC Mr. Wilenchik had nothing to report. . 306 . CounciImember Greenwald 4-B Board Ex-officio - P&Z Commission Ex-officio - SSLGC · Noted that on the early voting ballot update, there were none from Comal County. #10 Items by Mayor General Announcements · Read a letter from Belinda Putska, Superintendent of Schools for the Schertz- Cibolo-Universal Independent School District, complimenting the City on Schertz Parkway and thanking them for the vision. Mr. Douglas reported that two trees in the median were wiped out last Saturday. · Reminded everyone of the Relay for Life event on May 14th at the park. #13 ADJOURNMENT There being no further business to discuss, Mayor Baldwin adjourned the meeting at 10:12 p.m. . Mayor, City of Schertz, Texas ATTEST: ~~~ City Secretary, City of Schertz, Texas . 307