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10-15-02 CITY COUNCIL MINUTES REGULAR SESSION OCTOBER 15, 2002 The Schertz City Council convened in Regular Session on Tuesday, October 15, 2002 at 7:00 p.m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Schertz, Texas, Those present were Mayor Hal Baldwin, presiding; Councilmembers Norma Head, Steve Simonson, Reginna Agee, Tony Wilenchik and Ken Greenwald. Staff present were City Manager Mark Marquez and City Secretary Norma Althouse. Mayor Baldwin asked everyone to rise and join him in the Pledge of Allegiance to the Flag. #1 PROCLAMATION AND CERTIFICATE PRESENTATION. Mayor Baldwin presented a Proclamation designating the week of November 4th-10th, 2002 as "National Animal Shelter Appreciation Week." The officers of the Humane Society and other supporters were in attendance for the presentation. Mayor Baldwin then presented a Certificate to Austin Silakowski, recognizing him as a City Hero for his efforts, persistence, quick-thinking and determination in the rescue of Ms. Judy Daily. He will also receive a $50.00 Savings Bond from the City. #2 HEARING OF RESIDENTS Police Chief Steve Cantrell introduced Major Philip C. Conner, the new police chaplain. Mr. Conner said he has been in the Army for 15 years and moved to Schertz last year. He appreciates the City allowing him to participate. Marilyn Palirani of 1304 Greenwood mentioned she had been working with EMS Director, Dudley Wait, and the goal is to get Automated External Defibrillators in every school in the Schertz-Cibolo-Universal City School District. They are looking for all the support from the community they can get. Ramon Cook of 913 Dimrock asked Council to consider a change in the tax rate next year. A five-cent increase would raise his house to $5.70 per month and he would be glad to pay it. He noted it is hard to take care of a built-out community after the contractor leaves. He also stated the City needs more police officers. Nikki Ailegor of 3137 Oak St. and Sue Boissonneault of 2141 Cherry Blossom both spoke about their concerns regarding speeding drivers on Maske Road. They would like Stop Signs on Cherry Blossom and on Meadow View. There are no Stop Signs from Maske Road to Nell Dearie. They have kept a journal. There are a lot of children in their area and they watch out for them. They plan to attend the TSAC meeting on November 21 7th and present them with a petition for Stop Signs. Mayor Baldwin indicated both City Council and Police Chief Cantrell would take a look at the situation. Mike Warneke of 109 Roundtree stated he was representing the Lone Oak Rio Vista neighborhood. (A large group from the neighborhood was present.) They started a petition for the installation of a traffic signal at FM 78 and River Road. They have gathered approximately 132 signatures. They would like for Council to acknowledge the petition. Mayor Baldwin advised Mr. Warneke they have no control over TXDoT, but they can put pressure on them through politicians. The justification for a traffic signal is the traffic count. It takes about $350,000 to get one installed. He then suggested the Lone Oak Rio Vista neighborhood get hold of Edmund Kuempel and give him the petition. TXDoT is more amenable to angry citizens than to City Councils. A gentleman (name unknown) from the same area asked if we are finished with the contractor on FM 78. The drainage problem is still not fixed. Mr. Greenwald advised him TXDoT is the contractor and the inspector. Mr. Bierschwale, Asst. City Manager, said the City has filed four complaints in the last month, but TXDoT has not said what they will do about them. Mayor Baldwin suggested they attend the monthly TSAC meeting and let them hear their complaints. Another gentleman (name unknown) said he had talked to TSAC about an alternative exit out of Lone Oak. He heard funding for it had been approved. Mr. Simonson told him there had been a proposal to take FM 3009 straight through, but then you're dealing with the City of Schertz and the City of San Antonio. As far as he knows, there is no funding for the project. Lastly, a gentleman (name unknown) commented he thinks someday there may be a train derailment. He hard something about a bridge from River Road to FM 1518. Mayor Baldwin admitted the last time he heard anything about a bridge was for the proposed Loop and that was 20 years ago. The only stub-out he knows of in the area is Bubbling Springs Road. Robert Brockman of 4505 Grand Forest mentioned the following: · Expressed concern that the Schertz Parkway Project doesn't go further than Maske Road. He was assured it is going all the way. · Remarked that at Schertz Parkway and Savannah Drive, there is no streetlight where the school children cross. · Stated he would like to see a traffic light at Wiederstein Road and Schertz Parkway. · Noted the dog leg at Schertz Parkway and Curtiss Ave. is dangerous. Perhaps some signage would help. #3 CURFEW EXTENSION: Approval consensus discussion granting curfew extension for Samuel Clemens Homecoming Dance. Mayor Baldwin pointed out this is after the fact because it was not an agenda item last week, even though Council gave their consensus for approval. Mr. Greenwald moved to approve the request from the Samuel Clemens Student Council for an extension to the curfew, until 1:00 a.m., for the Homecoming dance. Mrs. Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Simonson, Agee, Wilenchik and Greenwald. NAYS: None. #4 CONTRACT: Consider and take action on contract continuing support of Students in Christ Youth Center. Mr. Marquez advised representatives from the Students in Christ Youth Center were here last week and are here again tonight. The contract allows the City to waive water/sewer fees and also the health inspection fees. There is a limit of $300 per month for in-kind services Mayor Baldwin read a list of the services provided as follows: · After school programs for community youth, i.e., tutoring, mentoring, community services. · Supervised summer camp for working parents of children ages 7-13. · Cost-free counseling for youth and families. · Inte~ention and prevention seminars for middle to high school age children and their parents. · "All Stars Training" character-based life skills to youth between the ages of 11- 15, focusing on drug abuse. Violence and premature sexual activity. Rosalind Harris, Executive Director, mentioned they also have a feeding program which is a free dinner meal for students being tutored or anyone else who wants to eat. Mrs. Head moved to approve the contract for continuing support of the Students in Christ Youth Center. Mr. Simonson seconded the motion. Before the vote, Mrs. Head asked the City Manager to work with Ms. Harris to try and find them another building. At this time the vote was taken and the motion was approved as follows: AYES: Councilmembers Head, Simonson, Agee, Wilenchik and Greenwald. NAYS: None. Mrs. Agee then added that some of the grant money couldn't be spent on rehabbing the building because they don't own it. Council had looked at the possibility of them acquiring the Scout Hut. Mr. Simonson said Ms. Harris is symptomatic of what we've been fighting for in the Randolph area for a long time. Money for those kinds of services always goes to San Antonio. #5 INTERLOCAL AGREEMENT: Consider and take action on Inteflocal Agreement with Guadalupe Valley Hospital for Prescription Drug Assistance Program. Mr. Marquez related they received the information Council had requested. Council agreed to continue the contract for a figure of $5,000. Mr. Simonson moved to approve the Inteflocal Agreement with Guadalupe Valley Hospital for the Prescription Drug Assistance Program. Mrs. Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Simonson, Agee, Wilenchik and Greenwald. NAYS: None. #6 INTERLOCAL AGREEMENT: Consider and take action on Library Services Interlocal Agreement between Guadalupe County and City of Schertz. Mr. Marquez explained this is an annual process and the City will receive approximately $95,000 this coming year. Mayor Baldwin asked how that compares to last year and Mr. Marquez answered it is about $20,000 less, but the cuts applied to all libraries which receive money from Guadalupe County. Mrs. Head move4 to approve the Intedocal Agreement for Library Services between Guadalupe County and the City of Schertz. Mrs. Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Simonson, Agee, Wilenchik and Greenwald. NAYS: None. #7 ORDINANCE: Consider and take action on final reading of Ordinance regarding Chapter 10, Article V, Alarm Permits. Mayor Baldwin introduced an Ordinance and read the caption as follows: ORDINANCE NO. 02-M-23 BY TIlE CITY COUNCIL OF TIlE CITY OF SCIIERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SCIIERTZ, TEXAS BE AMENDED BY DELETING CIlAPTER 10, MISCELLANEOUS OFFENSES AND PROVISIONS, ARTICLE V, ALARM SYSTEMS, FALSE ALARMS, SECTIONS 10-81 TIIROUGH 10-94 AND REPLACING SAME WITIl A REVISED CIlAPTER 10, MISCELLANEOUS OFFENSES AND PROVISIONS, ARTICLE V, ALARM SYSTEMS, FALSE ALARMS, SECTIONS 10-81 TIIROUGII 10-94; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING A REPEALING CLAUSE, SPECIFICALLY FOR ORDINANCE NO. 85-M-5. Mr. Marquez acknowledged that the Ordinance had not been enforced for quite a while. 100% of the calls were false alarms. Mr. Wilenchik reminded him Council agreed to a six-month report on the alarm status. Mr. Simonson moved to approve the final reading of an Ordinance regarding Chapter 10, Article V, Alarm Permits. Mr. Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Simonson, Agee, Wilenchik and Greenwald. NAYS: None. #8 ORDINANCE: Consider and take action on first reading of ordinance revising Sections 18-32, Stop Intersections. Mayor Baldwin introduced an Ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCIIERTZ, TEXAS BE AMENDED BY REVISING SECTION 18-32, STOP INTERSECTIONS - DESIGNATED GENERALLY ON SPEClFIC STREETS; AND PROVIDING A REPEALING CLAUSE. Mr. Marquez stated this is a routine ordinance based on new streets and new subdivisions. Mr. Greenwald moved to approve the first reading of an Ordinance revising Sections 18-32, Stop Intersections. Mr. Wilenchik seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Simonson, Agee, Wilenchik and Greenwald NAYS: None. //9 ORDINANCE: Consider and take action on first reading of Ordinance regarding disannexation and land swap between City of Schertz and Universal City. Mayor Baldwin introduced an Ordinance and read the caption as follows: AN ORDINANCE PROVIDING FOR CERTAIN LAND TRANSFERS, INCLUDING THE DISANNEXATION OF .97 ACRES OF LAND WITHIN THE CORPORATE LIMITS OF THE CITY OF SCHERTZ AND THE RELEASE OF SUCH LAND FROM THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF SCHERTZ TO THE EXTRATERRITORIAL JURISDICTION OF UNIVERSAL CITY, TEXAS, THE ACCEPTANCE OF 119.44 ACRES OF LAND INTO THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF SCHERTZ AND THE CONVEYANCE OF 2.79 ACRES OF LAND OF THE CITY OF SCHERTZ TO THE CITY OF UNIVERSAL CITY, TEXAS AND RELATED MATTERS. A~er reading the caption, Mayor Baldwin asked if it could be changed before the final reading. He thinks it's an ETJ swap with Selma. Mr. Bierschwale answered it's a matter of having the lawyers rewrite it. Mayor Baldwin went on to say Universal City wanted the entire golf course. Pan of it is in Selma. Selma wanted something in return. Schertz wanted some of Selma's ETJ allowing them to close the gap on FM 1518. Mr. Wilenchik moved to approve the first reading of an Ordinance regarding disannexation and land swap between City of Schertz and Universal City, subject to amendment by the lawyers. Mr. Simonson seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Simonson, Agee, Wilenchik and Greenwald. NAYS: None. //10 TAX ROLL: Consider and take action approving 2002 Tax Roll. Mr. Marquez indicated it was a requirement this be approved at a regular meeting. There is a net increase in assessed valuation. Mayor Baldwin pointed out it's after the fact. Mr. Marquez agreed, but said this is the final total after all protests have been settled. Mr. Greenwald moved to approve the 2002 Tax Roll Mr. Simonson seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Simonson, Agee, Wilenchik and Greenwald. NAYS: None. #11 APPOINTMENT: Consider and take action on appointment of City Prosecutor. Mayor Baldwin reported Roy Richard, Jr. resigned as City Prosecutor, effective October 31, 2002. Judge Padgett supports the appointment of Darrell Dullnig as the new City Prosecutor. He will be paid $400 per month by the City. Mr. Greenwald moved to appoint Darrell Dullnig as City Prosecutor for the City of Schertz. Mr. Wilenchik seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Simonson, Agee, Wilenchik and Greenwald. NAYS: None. #12 Items by City Manager General Announcements Commented FEMA has finally approved the grant for completing the drainage project which started several years ago. Noted he included a copy of his letter to Judge Sagebiel regarding the Interlocal Agreement for fire services between the City of Schertz and Guadalupe County. Council found the agreement unacceptable due to the amount of support that was slashed. Mrs. Agee pointed out it was only this end of the County that got cut. Announced he will be at the annual TML conference this Wednesday, Thursday and Friday. Mayor Baldwin and Mr. Simonson also plan to attend. #13 ltems by Council and Mayor General Announcements Councilmember Head 4-B Board Liaison Schertz Library Board Mrs. Head had nothing to report. 27 Councilmember Simonson Liaison BVYA Mr. Simonson reported he was ecstatic to see the FEMA money come through. Also, he met with BVYA last night and they are considering upgrading some of their fields. Councilmember Agee 4-B Board Mrs. Agee had nothing to report. Councilmember Wilenchik 4-B Board Liaison Schertz Humane Society Liaison HOA Coalition Mr. Wilenchik had nothing to report. Councilmember Greenwald 4-B Board Ex-officio Planning & Zoning Commisson Ex-officio Schertz/Seguin Local Government Corp. Mr. Greenwald had nothing to report. Mayor Baldwin General Announcements Said he appreciated the Lone Oak Homeowners Association members showing up tonight. Asked if there's any official word on the status of the Schertz/Seguin pipeline. Mr. Bierschwale answered they are estimating a mid-December to the first part of January time line. #14 ADJOURNMENT There being no further business to discuss, Mayor Baldwin adjourned the meeting at 8:35 pm. Mayor, City of Schertz, Texas ATTEST: ~/?~ City'Secretary, I~ity of Schertz