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10-01-2002 MINUTES REGULAR COUNCIL SESSION 10-01-2002 The Schertz City Council convened in Regular Session on Tuesday, October 1, 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 Interim City Manager Mark Marquez and City Secretary Norma Althouse. #1 PROCLAMATIONS A Proclamation was presented designating October 6th through 12th as Fire Prevention Week. Fire Chief Friesenhahn, Fire Marshal Glen Outlaw and 8 crew members of the Schertz Fire Department were present to receive the Proclamation. A Proclamation was then presented designating the month of October as Crime Prevention Month. Police Chief Cantrell was present to receive the Proclamation. #2 HEARING OF RESIDENTS Robert Brockman of 4505 Grand Forest Drive had the following comments: · Thanked the City for the new water fountain in the lobby and a ribbon cutting ceremony for the new water fountain was held. · Asked for an update on the restrooms at the playscape and the ballfields. He was told they're a little behind schedule, but they are making progress on the projects. · Inquired when the October Schertz Tales will be available and Mr. Marquez indicated it would be mailed out by the end of the week. · Questioned why the stripes on the streets are fading already. Mr. Bierschwale explained they are only allowed to use a certain grade of paint and it fades rapidly. Mr. Brockman then asked why the stripes put down by the State last longer and Mr. Bierschwale answered because the State is allowed to use a heavier grade of paint. · Jokingly noted he had served as a crossing guard on Schertz Parkway several times and thanked Officer Harris for the orange vest and Stop Sign. David Richmond of 2021 Bent Tree Drive had signed up to speak, but preferred to wait until agenda Item #8 (Municipal Signboard) was discussed. Amy Madison, Economic Development Director, reported on several upcoming City events: The first is the Business Appreciation Dinner, which will be held at the Knights of Columbus Hall on October 29th. The theme this year will be the Winners Circle and will feature decorations and activities having to do with horseracing. Mrs. Head, saying she had visited Churchill Downs, suggested borrowing jockey silks for part of the decorations. · Mrs. Madison went on to say they would hold the lock-up again this year on November 5th. This helps the Christmas committee, along with the Police Department, to raise funds. Mrs. Madison then mentioned the lighted parade and community Christmas tree lighting ceremonies would be held December 6th. They are asking each subdivision to make a lightweight item to hang on the tree. The schools will also be involved. The theme this year is Festival of Angels and they hope people will decorate with that theme in mind. Steve Simonson is the Grand Marshal for the parade. On December 7th, there will be a Christmas along the Corridor function as well as the Pony Express ceremony. They are looking at introducing snow to this event. Will Brown of 2661 Woodland Oaks Circle, representing the Homeowners Associations, submitted a letter to Mayor Baldwin on behalf of the Associations. They have developed a coalition and are requesting a City Council liaison. They held a meeting in March and Councilmember Wilenchik and former City Manager Dewey Cashwell attended. The next meeting is in December. They have 25-28 associations which belong and approximately 3300 homeowners, including Northcliffe. Some are still in the developmental stage. Mayor Baldwin assured him they would have someone from Council attend their meetings. #3 CONTRACT: Discussion and possible action regarding Interlocal Agreement with Guadalupe Valley Hospital for Prescription Assistance Program. Mr. Marquez advised Council they have an updated contract from Michael Spain, but unfortunately no budget from Guadalupe Valley Hospital. His suggestion is to table the discussion. Mr. Greenwald thought possibly one of the representatives from the Guadalupe Valley Hospital would be late and suggested they wait to see. #4 ORDINANCE: Consider and take action on emergency reading of Ordinance regarding impact fees. Mr. Marquez told Council there had been no change since this was discussed at the workshop last week. Mayor Baldwin introduced an ordinance and read the caption as follows: ORDINANCE NO. O2-F-22 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING CHAPTER 19, WATER, WASTEWATER AND WASTE DISPOSAL, EXHIBIT 10, SCHEDULE OF CURRENT CAPITAL RECOVERY FEES; PROVIDING AN EFFECTIVE DATE; PROVIDING A REPEALING CLAUSE; AND DECLARING AN EMERGENCY. Mr. Greenwald moved to approve the emergency reading of an Ordinance regarding impact fees. Mrs. Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Simonson, Agee, Wilenchik and Greenwald. NAYS: None. #5 ORDINANCE: Consider and take action on first reading of Ordinance regarding alarm permits. Mr. Mrquez reviewed some minor changes with Council. They have reduced the alarm fee for residents from $25.00 to $5.00. The commercial fee stays the same at $25.00. There will be charges for reinspections. Mr. Marquez then passed out the alarm response report from Chief Cantrell for Council to review. Mr. Wilenchik stressed he still goes on record by saying he doesn't see how this solves the false alarm problem. They say it is a violation to fail to register, but do we have a way of tracking who registers and who does not. He feels it is unenforceable. It doesn't attack the problem and is an administrative burden. There was discussion about whether or not you can make alarm companies buy a permit. Why not add it to the builder's permit? Who is the responsible party in the case of a renter? You have to have a tracking mechanism. You still have to match information on file. You can't enforce the registration requirement unless there's a violation. Mr. Marquez suggested the welcoming packet include an application for an alarm permit and perhaps a copy of the ordinance. Mrs. Agee asked what the penalty is ifa person is not registered. Chief Cantrell replied up to $500 - it is a Class C misdemeanor. Chief Cantrell went on to say if a resident has no permit they would give them an opportunity to get one by issuing only a warning. Financial institutions have to have alarms. Alarm companies are getting better about it. At this time 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, CITY OF SCHERTZ, TEXAS BE AMENDED BY REPEALING CHAPTER 10, ARTICLE V, SECTIONS 10-81-10- 94, ALARM SYSTEMS, FALSE ALARNIS AND REPLACING CHAPTER 10, ARTICLE V, SECTIONS 10-81-10-94 WITH CHAPTER 10, ARTICLE V, ALARM SYSTEMS, SECTIONS 10-81-10-94, PROVIDING A PENALTY AND A SEVERABILITY CLAUSE. Mrs. Head move4 to approve the first reading of an Ordinance regarding alarm permits. Mr. Simonson seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Simonson, Agee, Wilenchik and Greenwald. NAYS: None. Mr. Marquez reminded Council this Ordinance would go to another workshop for discussion and also to a regular meeting for a final reading. Mr. Wilenchik wondered if they could ask for a six-month report and was told that is no problem. BIDS: Discussion and possible action regarding bids for 16" waterline - Wiederstein Road. Mr. Marquez noted this item is pretty straightforward and deferred to John Bierschwale for further information. Mr. Bierschwale stated this 16"waterline is going from Texas Shine, through the Ripps property, to the new elevated storage tank, back to 1H-35. They had twelve (12) bidders and Public Works concurs with Ford Engineering in recommending the bid be awarded to Capital Excavation Company in the amount of $637,235.20. Capital Excavation has a good track record. Mayor Baldwin inquired if they have all the right-of-way. Mr. Bierschwale replied they are looking for Mrs. Ripps to serve her. Mayor Baldwin then asked if this includes the road right-of-way and Mr. Bierschwale answered no, not yet. Lastly, Mayor Baldwin questioned if any goes through Cibolo's ETJ. Mr. Bierschwale indicated they are crossing Cibolo's City limits. They have gotten their approval. Also they have a trump card. Mr. Forbes will not donate the 20' of right-of-way unless Cibolo lets Schertz go through them. 4 Mr. Greenwald moved to award the bid for the 16" waterline - Wiederstein Road, to Capital Excavation in the amount of $637,235.20. Mr. Wilenchik seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Simonson, Agee, Wilenchik and Greenwald. NAYS: None. //7 REAPPOINTMENTS: Consider and take action on reappointment of Planning and Zoning Commission members. Council had in their packets a letter from Ernie Evans, Jr., Vice-Chairman of the Planning and Zoning Commission, recommending the reappointment of Ernie Evans, Tony Moreno, Joyce Briscoe, Keith Van Dine and William Sommers to the Planning and Zoning Commission~ There had been some concern about whether or not Tony Moreno was a Schertz resident. Mr. Simonson moved to go ahead and reappoint Ernie Evans, Joyce Briscoe, Keith Van Dine and William Sommers to the Planning and Zoning Commission. He also suggested they put a hold on the reappointment of Tony Moreno until his Schertz residency can be verified. Mr. Greenwald seconded the motion, which carried with the following votes: AYES: Councilmebers Head, Simonson, Agee, Wilenchik and Greenwald. NAYS: None. //8 MUNICIPAL SIGNBOARD: Discussion and possible action regarding Municipal Signboard. Mayor Baldwin mentioned this had been on last week's agenda, but Council had asked it be placed on this agenda when Mr. Richmond could be present to participate in the discussion. Mr. Richmond emphasized there are compelling reasons to appoint a Signboard now. There is a new Sign Ordinance which provides a new approach to signage. Planning and Zoning worked hard to create the new Ordinance and it is neither anti-business nor anti- sign. It does, however, prevent a proliferation of signs throughout the City. The question was brought up about the cost of relocating or reconstructing signs. Mr. Richmond pointed out that some off-premises signs are in disrepair. These same questions about compensation could be referred to a Signboard. We are at a critical point and a Signboard could be in place and inactive and not cost the City of Schertz anything. Not having a Signboard negates action. There is an advertisement ready for recruiting five members to a Signboard. Mr. Richmond went on to say there should be no deviation from the strict qualifications. A Signboard would convene on an irregular basis and seldom. Connie Lock provided a memo to the Planning and Zoning Commission and it would be helpful for City Council to see it the suggestions they have for a Municipal Signboard. Mayor Baldwin informed Council they had no luck with the Northeast Partnership as far as promoting a Signboard. Mr. Richmond commented the Northeast Partnership is not as forward looking as the City of Schertz. The new Sign Ordinance gives direction as far as which way to go and Chapter 216 of the Local Government Code provides ways to compensate. Mayor Baldwin asked who determines the value of a sign. Mr. Richmond replied the Signboard in conjunction with the sign owner. Mr. CJreenwald pointed out there are strict rules as far as compensation. Mr. Wilenchik then inquired how something gets to the Signboard. Mr. Richmond replied by way of the Planning and Zoning Commission or the Inspection Department from a citizen or a developer. Mr. Wilenchik wondered if citizens come forward, what criteria does the Planning & Zoning Commission use to refer them to the Signboard. Mr. Richmond answered they use Chapter 216 of the Local Government Code. Mr. Simonson questioned if this negates the ordinance regarding hazardous signs. Mr. Richmond stressed they are not taking down lots of signs tomorrow, but they need an ordinance with teeth. The key point is we have an opportunity to go out and see if we have five people to serve on the Signboard. Mr. Marquez questioned the timing and viability of the Signboard Who decides what's an ugly sign? Who decides a sign shouldn't be in our City? If we proceed with a Signboard, we need to lay out the criteria very clearly. Mr. Marquez suggested that within the scope of the statute, the Signboard not be arbitrary. Mr. Richmond pointed out it is only convened by the Signboard and by City Council. Mrs. Head suggested they advertise and find out if they can do it. Mr. Wilenchik inquired if any members of the Signboad have to be residents of the City of Schertz. Mr. Richmond replied they didn't look at it as anyone having to be a resident. Mr. Marquez commented it sticks in his craw having non-residents decide for Schertz. Mr. Simonson remarked if they have a Signboard, the rules would have to be very clear. They would be responsible for deciding things that affect the future. Mayor Baldwin admitted he has a problem if they can commit City funds without Council's approval. He doesn't think anybody but Council has the authority to authorize payment out of taxpayer's money. Mr. Richmond noted the City Attorney is a big player in this process. The Signboard can't deviate from the statute. He thinks Planning and Zoning would require a recommendation from City Council before taking any action. Mr. Wilenchik expressed concern about putting City Council in the position of going after the little guy because they can't afford the big guy, Mr. Richmond noted there are lots of small decrepit signs that don't cost a lot. Reasonableness needs to play a role in this process. Mrs. Head moved to advertise for a Signboard in the Herald and other newspapers Mr. Marquez feels are appropriate. Mr. Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Simonson, Agee, Wilenchik and Greenwald. NAYS: None. #9 ACCOUNTS RECEIVABLE WRITE-OFFS: Consider and take action on establishing policy for Accounts Receivable write-Offs. Mr. Marquez indicated the policy had been discussed previously. They had gotten approval for such a policy from the auditor. They will have some write-offs for discussion either at the next workshop or the one after that. Mr. Simonson moved to approve the revised accounts receivable write-off policy previously discussed by Council. Mr. Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Simonson, Agee, Wilenchik and Greenwald. NAYS: None. #10 Items by City Manager General Announcements Jokingly mentioned they found the Mayor taking action not approved by City Council - he threw out the first pitch at the Missions game. Kidded there's a prize for whoever finds an error in the invitation to the Business Appreciation Dinner. (there are 3 n's in winners). Advised the first mailing of the Schertz Tales will be accomplished by the end of the week. Stated the transition is ongoing regarding the new software. Laserfiche is up and running. #11 Items by Council and Mayor General announcements Councilmember Head 4-B Board Liaison Schertz Library Board Noted it was nice to get a letter from SAWS and Schertz was all over it. Reported the Library Board meeting is next week. Councilmember Simonson Liaison BVYA Said it was nice to see something about Schertz in the Express News and they even spelled it right. Councilmember Agee 4-B Board Liaison Schertz Housing Authority Mrs. Agee had nothing to report. Councilmember Wilenchik 4-B Board Liaison Schertz Humane Society Stated he will be in Manchester, England in March and will thank them for their newspaper article on Schertz. Councilmember Greenwald 4-B Board Ex-officio Planning & Zoning Commission Ex-officio Schertz/Seguin Local Government Corp. Gave everyone a packet from the Schertz/Seguin Local Government Corporation. Mentioned Schertz won't get their water until approximately December. Mr. Simonson asked if they could raalign the ditch and was told they could not. Mr. Wilenchik asked if that raises fees to the citizens because of extra costs and was told they still have to pay the debt. He then asked if Seguin got water and was told they got it about a week and a half ago. Mr. Wilenchik then asked if that information is in the Schertz Tales and was told it is not. He then wondered about a news release. Mrs. Head suggested a good spin on the reason for the delay. She then asked if Schertz had to go out for more water and was told they did not. Mr. Graenwald advised they are continuously buying property. Mayor Baldwin General Announcements Read a letter from a representative of the Boy Scouts. #12 EXECUTIVE SESSION: Called under Chapter 221 of the Texas Government Code, Sub-Section 551.074, Personnel Matters~ to deliberate selection of new City Manager. An Executive Session was held form 8:50 p.m. until 10:09 p.m. #13 Action, if any, on above Executive Session. Mr. Greenwald moved to approve Mark Marquez as the new City Manger. Mr. Wilenchik seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Simonson~ Agee, Wilenchik and Greenwald. NAYS: None. Mayor Baldwin thanked Mr. Marquez for all his hard work in the interim. They had a lot of good candidates, but he knows Mr. Marquez will do a great job for the City. #14 ADJOURNMENT There being no further business to discuss, Mayor Baldwin adjourned the meeting at 10:12 p.m. 1~Iayor, Ci~ of Schenz, Texas ATTEST: City Secretary, City of Schertz, Texas