ccrg 01-04-2005
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COUNCIL - REGULAR SESSION
TUESDAY, JANUARY 4, 2005
The Schertz City Council convened in regular session on Tuesday, January 4, 2005
at 7:00 pm in the Municipal Complex Council Chambers, 1400 Schertz Parkway,
Schertz, Texas. The following members were present: Mayor Hal Baldwin
presiding, CounciImembers Carl Douglas, Steve Simonson, Reginna Agee, and Ken
Greenwald. CounciImember WiIenchik absent. Staff members present Interim City
Manager Johnny Bierschwale and Deputy City Secretary Mary Ybarra.
Mayor Baldwin welcomed everyone and called the meeting to order at 7:00 pm, and
asked everyone to rise and join him in the Pledge of Allegiance to the Flag.
#1 INTRODUCTION OF NEW CITY EMPLOYEES
Mayor Baldwin stated the first introduction would be of the new Public Information
Officer.
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Interim City Manager Bierschwale introduced Debbie Gilda, Public Information Officer
and husband Brad. He gave a short biography and mentioned Debbie had retired from the
United States Air Force. Has a degree in Public Affairs, Instructional Technology and a
Bachelor of Science degree in Organizational Management Skills. Her experience and
skills will make her a definite asset to the City. The City of Schertz welcomes her.
Mike DeLeon, Facility Maintenance Director introduced Gilbert Salazar, Custodian I,
and gave a short biography and mentioned that Gilbert retired from the United States Air
Force after 20 years. He and his wife and two children live in Schertz. The City of
Schertz welcomes him.
Fire Chief Friesenhahn introduced six new fire fighters and gave short biography on each
of the following:
Tom All
Benjamin Boney
Spencer Craig
Jesse Ruiz
Leo San Miguel
Sammy Sikes
He went on to say that five of the six would be part of the crew manning the sub-station,
along with a training officer. Council welcomed them all to the City of Schertz.
Chief Friesenhahn went on to say that it's a historical event in the City of Schertz, the
hire of six fire fighters is the most number the City has ever hired, and its in conjunction
with new Fire sub-station.
. At this time, Chief Friesenhahn introduced David Hughes and his wife, and went on the
say that David has been a member of the Fire Department since 2000, was born in
Houston in 1969, and has lived in Schertz since 2002. David currently attends Wayland
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Baptist University and expects to graduate in 2006. His career began as a volunteer fire
fighter and received certification in 1994. David's first paid position was with Shavano
Park Fire Department until 2000. He is an Intermediate Fire Fighter, Fire Instructor and
basic Fire Inspector and in 1999 became a Paramedic. David is being promoted as the
training officer in the rank of Lieutenant.
At this time, his wife pinned David's Lieutenant bars and Chief Friesenhahn presented
him with new badge. David thanked everyone and all new employees receive applause
for the audience.
Interim City Manager Bierschwale reported that the City received confirmation on
Homeland Security grant in the amount of $113,000 and mentioned that David was
instrumental in obtaining and securing the grant on behalf of the City.
#2 HEARING OF RESIDENTS
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David Allen. 1300 Colony Drive spoke on incident of December 13, 2004,5:13 p.m., of
a truck wrecking into his home. By accounts told to him, the Comal Sheriffs Department
was trying to a serve warrant. By the way, neither Guadalupe County nor Schertz Police
Department was notified. When the warrant was not served, due to individual not located,
the Comal Sheriffs Department as driving down Schertz Parkway spotted the individual
and proceeded to pursue suspect, which resulted in a chase. Now, here is where the story
gets a bit sketchy on the how and why individual wrecked vehicle. Regardless on how it
happened there was a wreck. At this time, photographs were passed out showing damage
to the home. He went to say that the Schertz Police Department was notified
approximately one minute after individual hit the home. He has problem with Comal
police agency operating in the City of Schertz without notification. In research, he found
that this individual has been arrested 27 times, so why is he still out on the streets.
Something needs to get done. He is asking Council as the lawmakers for the City to make
the City of Schertz a safe place to live. It seems he is the only one excited about the
whole episode and is here this evening asking for Council help.
Mayor Baldwin acknowledged his concern and asked that he visit with Chief Starr and
possibly get his concerns resolved.
Robert Brockman 4505 Grand Forest made the following comments:
. Brought flag he had found on the side of the road.
. There are problems with flags along Schertz Parkway; flags are loose.
. Asked if City would be getting flags to advertise the 4th of July Jubilee and
possibly picnic in the Park.
. Nothing done with sidewalk issue on Dietz Road. GVEC was to remove poles and
it hasn't been done.
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. Ramon Cook 913 Dimrock spoke on the following:
. Offers congratulations on opening of EMS Services at IH-35. It's a wonderful
step on getting good coverage to the community.
. Thanks staff and City Council for being responsible for budgeting of City taxes,
as an example:
Police Department over time expenses of less than 5% and City of San Antonio
showing at 40%. That tells me the City has good planning, decent staff,
reasonable finances and good accounting. What more do we need for our tax
dollar then people who is taking of care business.
#3 PUBLIC HEARING: ON THE PROPOSED IMPOSITION OF A
MORATORIUM ON PROPERTY DEVELOPMENT IN A PLATTED
RESIDENTIAL SUBDIVSION.
Mayor Baldwin explained the procedures to be followed at Public Hearings.
Interim City Manager Bierschwale explained that the Ordinance is bringing back a
moratorium for the Live Oak Hills Subdivision, which is bordered by Forest Ridge
Subdivision to the City of Selma and the City of Schertz. There was a previous
moratorium in place and staff recommends continuing with the moratorium until such
time that water/sewer issues can be resolved.
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Robert Brockman commented that this is the second moratorium, and in his opinion not
much was done when first moratorium was established. Is the City at fault? Mayor
Baldwin noted that there isn't much that can be done; the City is trying to get the
legislature to help, in regard to having the subdivision in two cities. It's a difficult issue to
overcome. Mr. Brockman stated he doesn't believe the second moratorium will
accomplish much and believe the City is not doing right for the citizens (land owners).
With no other comments, Mayor Baldwin closed the Public Hearing.
#4 DISCUSSION OF RESOLUTION REGARDING A
MORATORIUM ON PROPERTY DEVELOPMENT IN
SUBDIVISION.
TEMPORARY
A PLATTED
Interim City Manager Bierschwa1e stated Resolution is pretty much standard.
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City Attorney Michael Spain noted that the Statue that allows the moratorium to take
place has an automatic temporary moratorium that takes effect five (5) days after the first
public hearing. He added that when the moratorium goes into effect, January 18th, it goes
into effect for 120 days, which puts it at May 18, 2005. By then the legislature would
have been in session and are hopefully that other matters are under way that would help
with development issues, which would a allow an extension of the moratorium, which is
easier than putting a moratorium in place.
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Council would be ready to consider the Resolution at next Council meeting of January
12,2005.
#5 DISCUSSION OF FIRST READING OF ORDINANCE REGARDING
ADOPTION OF MORATORIUM ON PROPERTY DEVELOPMENT IN A
PLATTED SUBDIVSION.
It was pointed out that Ordinance regarding adoption of moratorium is the second step to
the process and requirements of establishing a moratorium.
Council would be ready to consider Ordinance at next Council meeting of January 12,
2005.
#6 ORDINANCE: DISCUSSION AND POSSIBLE ACTION OF FIRST
READING OF ORDINANCE REGARDING CHAPTER 2, ARTICLE V,
ADMINISTRA TION- TRANSPORTATION SAFETY ADVISORY COMMISSION
(TSAC).
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Interim City Manager Bierschwale noted a few issues of concern relative to current
TSAC Ordinance and reappointing TSAC positions. Reappoints cannot be done under the
current Ordinance. City Attorney Michael Spain has reviewed current Ordinance and By-
laws and has incorporated both to one Ordinance. The new Ordinance establishes seats
for odd and even years. TSAC Chairman Gignac has advised that all board members
would like to remain on the board and would officially be reappointed Thursday evening
at TSAC meeting. Recommendation for reappoints would be forwarded to Council at a
later date for Council approval.
Councilmember Douglas brought up concern relative to section 2-75, Duties; he would
like to suggest that after sub-paragraph 8; "The Commission shall periodically. etc.," he
would like a change to read "at least semi-annually" instead of oeriodicallv. he was
advised by City Attorney the change would be made.
Councilmember Simonson moved to approve first reading of Ordinance regarding
Chapter 2, Article v, Administration-Transportation Safety Advisory Commission
(TSAC), with the change as discussed. Councilmember Greenwald seconded the motion,
which carried with the following votes:
Ayes: Councilmembers Douglas, Simonson, Agee and Greenwald
NAY: None
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#7 ORDIANCE: CONSIDER AND TAKE ACTION TO TAKE FROM THE
TABLE (tabled 12-21-04) ACTION OF FINAL READING OF ORDINANCE
PLACING RESTRICTIONS ON THE USE AND OPERATION OF MOTOR
ASSISTED SCOOTERS BY LIMITING OR PROHIBITING THE OPERATION
OF MOTOR ASSISTED SCOOTERS ON CERTAIN STREETS, HIGHWAYS
AND ALLEYS; PROVIDING FOR A PENALTY FOR ADUL TS, PARENTS AND
CHILDREN FOR THE USE OF A MOTOR ASSISTED SCOOTER IN A
RESIDENTIAL OR PROHIBITED AREA; REQUIRING THAT CHILDREN
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WEAR A PROTECTIVE HELMET WHILE OPERATING OR RIDING A
MOTOR ASSISTED SCOOTER, PROVIDING FOR A PENALTY FOR
PARENTS AND CHILDREN FOR FAILURE OF CHILD TO WEAR A HELMET.
Councilmember Greenwald moved to approve to remove off the table action of final
reading of Ordinance placing restrictions on the use and operation of motor assisted
scooters by limiting or prohibiting the operation of motor assisted scooters on certain
streets, highways and alleys; providing for a penalty for adults, parents and children for
the use of a motor assisted scooter in a residential or prohibited area; requiring that
children wear a protective helmet while operating or riding a motor assisted scooter,
providing for a penalty for parents and children for failure of child to wear helmet.
Councilmember Simonson seconded the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee and Greenwald.
NAY: None
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#8 ORDINANCE: CONSIDER AND TAKE ACTION OF FINAL READING
OF ORDINANCE PLACING RESTRICTIONS ON THE USE AND OPERATION
OF MOTOR ASSISTED SCOOTERS BY LIMITING OR PROHIBITING THE
OPERATION OF MOTOR ASSISTED SCOOTERS ON CERTAIN STREETS,
HIGHWAYS AND ALLEYS; PROVIDING FOR A PENALTY FOR ADULTS,
PARENTS AND CHILDREN FOR THE USE OF A MOTOR ASSISTED
SCOOTER IN A RESIDENTIAL OR PROHIBITED AREA; REQUIRING THAT
CHILDREN WEAR A PROTECTIVE HELMET WHILE OPERATING OR
RIDING A MOTOR ASSISTED SCOOTER, PROVIDING FOR A PENALTY
FOR PARENTS AND CHILDREN FOR FAILURE OF CHILD TO WEAR A
HELMET.
Mayor Baldwin introduced an Ordinance and read caption as follows:
ORDINANCE NO. 05-D-Ol
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AN ORDIANCE OF THE CITY OF SCHERTZ, TEXAS, PLACING
RESTRICTIONS ON THE USE AND OPERATIONS OF MOTOR
ASSISTED SCOOTERS BY LIMITING OR PROHIBITING THE
OPERATION OF MOTOR ASSISTED SCOOTERS ON CERTAIN
STREETS, HIGHWAYS, PATHS AND ALLEYS; PROVIDING FOR A
PENALTY FOR ADULTS, PARENTS AND CHILDREN FOR THE USE
OF A MOTOR ASSISTED ASCOOTER IN A RESTRICTED OR
PROHIBITED AREA; REQUIRING THAT CHILDREN WEAR A
PROTECTIVE HELMET WHILE OPERATING OR RIDING A MOTOR
ASSISTED SCOOTER; PROVIDING FOR A PENALTY FOR PARENTS
AND CHILDREN FOR FAILURE OF CHILD TO WEAR A HELMET;
PROVIDING A REPEALING , SEVERABILITY AND SAVING
CLAUSES; PROVIDING AN EFFECTIVE DATE.
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Interim City Manager Bierschwale explained corrections have been made to grammar, as
well as Councilmember Agee concerns regarding age of child, and could a citation be
given (to child) or would it be given to the adult if child were under the age of 16.
City Attorney Michael Spain explained it is possible for child or adult to violate
Ordinance, however as a general rule a ticket cannot be given to a child under 10 years of
age. A ticket could be given to child 11-16, or citation given to parent. However, as part
of the rewrite, it specifically states that a child doesn't need to be cited in order for a
parent to be cited. He points out a child (11-16) who receives citation; a copy would be
sent to parent. There is also a provision for violation regarding helmets; allowing specific
number of days to acquire a helmet, then first citation can be forgiven.
Without further discussion, Councilmember Douglas moved to approve final reading of
Ordinance placing restrictions the use and operation of motor assisted scooters.
Councilmember Greenwald seconded the motion, which carried the following votes:
AYES: Councilmembers Douglas, Simonson, Agee and Greenwald.
NAY: None
#9 INTERLOCAL AGREEMENT: DISCUSSION AND POSSIBLE ACTION
OF INTERLOCAL AGREEMENT WITH GUADALUPE COUNTY CHILDREN'S
ADVOCACY CENTER, INC.
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Interim City Manager Bierschwale explained the issue before Council has been brought
forward for consideration relative to letter from the advocacy center asking for financial
assistance, it was Council desire to come up with solution to make it possible. The
solution is to enter into an Interlocal Agreement similar to one with Guadalupe Valley
Hospital Prescription Assistances Program. If Council agrees this is proper method, then
staff at a later date can determine the City's fair share, which is believed to be 12%.
Council direction is needed at this time, does the City enter into agreement under the
conditions or does Council desire to handle it another way.
City Attorney Michael Spain noted the agreement is structured, as is the agreement with
Guadalupe Valley Hospital. Under the State Constitution a City cannot make
contributions. The City would have to get something in return for its contributions. The
center would have to contract with the City of Schertz to provide services to children
within the City, in return for the funds provided. The contract would run through this
fiscal year, ending September 30th, however can be renewed for a one-year at fiscal year
term.
Interim City Manager Bierschwale points out that if Council is comfortable with
agreement, it allows staff to enter into negotiations and bring Interlocal Agreement for
formal Council action, allowing City Manager to execute agreement with the exact
amount of contribution.
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It was suggested that agreement be introduced to center in order to receive suggestions as
to what type of services could be provided, services of Y, day one day a week or others.
The agreement is a starting point.
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General discussion followed covering issues such as location to carry on services by the
center. It was determined office space is available for that purpose for possibly two years,
and as the City grows other locations would have to be determined.
It was determined the City would attend center meeting scheduled on Monday at 5:30
p.m. and present agreement and ask the question; will the agreement work and possibly
receive suggestions to Council concerns. It was Council consensus to authorize Interim
City Manager to present agreement to the Center and come back a later date for
consideration.
At this time, Councilmember Agee explained for those present who are not familiar with
Guadalupe Children Advocacy Center that the center is a child abuse center that deals
with moderate to severe sexual child abuse. The center open doors on January 1-2, 2004
and by September 2004 had served over 100 children. It's a worthwhile organization and
anyone wanting to volunteer please do so. The center is always happy to see volunteers.
The Center is in Seguin at 402 River Road.
#10 APPOINTMENTS: DISCUSSION AND POSSIBLE ACTION OF
APPOINTMENT OF MEMBERS TO THE 2005 LIBRARY BOARD.
Gail Douglas, Community Services Director spoke briefly and pointed out that member
records speak for themselves. The Library has a good group of members.
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Councilmember Simonson moved to approve appointment of members to the Library
Board as presented to include Leah Tamez. Councilmember Greenwald seconded the
motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee and Greenwald.
NAY: None.
#11 CONSIDER AND TAKE ACTION SETTING PUBLIC HEARING DATE
OF FEBRUARY 1, 2005 REGARDING SPECIFIC USE PERMIT FOR BLOCK 1,
LOT 31, (10 COMMERCIAL PLACE).
Mayor Baldwin points out the specific use permit is for the Schertz Public Works
Building.
Councilmember Greenwald moved to approve setting public hearing date of February 1,
2005 regarding specific use permit for Block 1, Lot 31, (10 Commercial Place).
Councilmember Agee seconded the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee and Greenwald.
NAY: None.
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#12 CONSIDER AND TAKE ACTION SETTING PUBLIC HEARING DATE
OF FEBRUARY 1, 2005 REGARING REZONING 9.305 ACRES FROM
GENERAL BUSINESS (GB) TO PUBLIC USE DISTRICT (PUB).
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Amy Madison, Community Development Director pointed out location of project on
map, indicating current zoning and indicating that PUB zoning is designated for city,
county, federal, etc., development
General discussion followed covering proposed development of possible school site,
property owners, property depth off Schertz Parkway, alignment of Maske Road, inter-
circulation between units, and access to property (property owner concerns of being cut
oft). These issues will be discussed at later time, this evening the issue is zoning and
setting public hearings.
At this time, Mayor Baldwin asked Mrs. Madison to explain the next two items on the
agenda. The developments of the next two items are related to the same developer.
Mrs. Madison explained the next request is to rezone 12.243+ acres from Single Family
Residential-1 (9,600 sq. ft lot) to Single Family Residential-6 (6,00 sq. ft. lot), being Unit
2, shown on map. Next request is a 20.525+ acre tract from Single Family Residential
(9,600 sq. ft. lot) to Single Family Residential-7 (6,600-sq. ft. lot), being Unit 3, shown
on map.
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Councilmember Agee voiced concern relative to rezoning of property (school site). Why
is the City rezoning if there is no concrete indication that school is going in at that
location. If school were not developed, the City would have to go back and rezone the
property. She was advised that is not known, however application for zoning can be
requested contract or no contract.
Councilmember Agee would like all concerns addressed at time of Public Hearing.
Councilmember Simonson moved to approve setting public hearing date of February 1,
2005 regarding rezoning 9.305 acres from General Business (GB) to Public Use District
(PUB). Councilmember Greenwald seconded the motion, which carried with the
following votes:
AYES: Councilmembers Douglas, Simonson, Agee and Greenwald.
NAY: None.
#13 CONSIDER AND TAKE ACTION SETTING PUBLIC HEARING DATE
OF FEBRUARY 1, 2005 REGARDING REZONING 12.243+ ACRES FROM
SINGLE FAMILY RESIDENTIAL-l (R-l) TO SINGLE FAMILY
RESIDENTlAL-6 (R-6).
Councilmember Greenwald moved to approve setting public hearing date of February 1,
2005 regarding rezoning of 12.243+ acres from Single Family Residential-1 (R-l to
Single Family Residential-6 (R-6). Councilmember Douglas seconded the motion, which
carried with the following votes:
. AYES: Councilmembers Douglas, Simonson, Agee and Greenwald.
NAY: None.
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#14 CONSIDER AND TAKE ACTION SETTING PUBLIC HEARING DATE
OF FEBRUARY 1, 2005 REGARDING REZONING 20.525+ ACRES FROM
SINGLE FAMILY RESIDENTlAL-l (R-l) TO SINGLE FAMILY
RESIDENTlAL-7 (R-7).
Councilmember Simonson moved to approve setting public hearing dated of February 1,
2005 regarding rezoning 20.525+ acres from single Family Residential-l (R-l) to Single
Family Residential-7 (R-7). Councilmember Douglas seconded the motion, which carried
with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee and Greenwald.
NAY: None.
#15 DISCUSSION OF INTERVIEW SCHEDULE FOR CITY MANAGER
APPLICANTS.
Mayor Baldwin reported 29 applicants are ready for review and issue is; does Council
reject all or establish schedule to interview. He recommends setting an Executive Session
at next workshop to establish interview schedule and timeline. Council consensus was to
start the process at next Wednesday workshop session.
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#16 Items by Interim City Manager
General Announcement
. Update on PID project; TXDOT starting on poles and by the end of the week
should see flashing lights at the intersection.
. Maske Road closes January 10th and will be closed for approximately 6-9 months.
. Fires sub-station and TXDOT issue relative to easement is hopefully resolved. No
permit as of yet, however working on it. 80% complete, need to build road,
construct pad and move mobile home.
#17 Items by Council
General Announcements
Councilmember Douglas
Liaison EDC
Liaison-Schertz Library Board
. Advised that sign ordinance committee is scheduled to meet Friday.
Mayor Pro-tem Simonson
4-B Board
Liaison BVY A
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. No comments.
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CounciImember Agee
4-B Board
Liaison Schertz Housing Authority
. No comments.
Councilmember Wilenchik
4-B Board
Liaison Schertz Humane Society
Liaison HOA Coalition
Ex-officio- TSAC
. Absent.
Councilmember Greenwald
4- B Board
Ex-officio P & Z Commission
Ex-officio SSLG Corp.
. No Comments.
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#18 Items by Mayor
General Announcements
. Need to start thinking of updating 5-year plan, but possibly waiting until the hire
of new City Manager.
. What is status on personnel manual change? Was advised the matter is being
worked on.
#19 ADJOURNMENT
There being no further business, Mayor Baldwin adjourned the meeting a 8: 25 p.m.
ATTEST:
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