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ccrg 02-15-2005 . . . MINUTES CITY COUNCIL REGULAR SESSION FEBRUARY 15, 2005 The Schertz City Council convened in Regular Session on Tuesday, February 15, 2005 at 7:00 p.m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Schertz, Texas. Those present were Mayor Hal Baldwin, presiding; Councilmembers Carl Douglas, Steve Simonson, Reginna Agee, Tony Wilenchik and Ken Greenwald. Those staff members present were Interim City Manager John Bierschwale and City Secretary Norma Althouse. Mayor Baldwin welcomed everyone and asked them to rise and join him in the Pledge of Allegiance to the Flag. #1 SWEARING IN OF MAYOR PRO- TEM Mayor Baldwin swore in Reginna Agee as Mayor Pro-Tern. #2 PROCLAMATION Mayor Baldwin read a Proclamation in celebration of Northeast Methodist Hospital completing the first phase of its 50 million dollar expansion on February 25, 2005. Mrs. Agee noted they took them on a tour of the facility at the last Northeast Partnership meeting. #3 INTRODUCTION OF NEW EMPLOYEE AND RECOGNITION OF EMPLOYEE PROMOTIONS. Police Chief Starr presented his employees who have received promotions. Detective Sergeant Mark Schupp was promoted to Lieutenant. Detective Corporal Thad Siwecki was promoted to Detective Sergeant. Detective Jeff Leal was promoted to Detective Corporal. All three introduced their families who had come to the meeting for this occasion. They all received congratulations from the Mayor and Conncil and a round of applause from the audience. Court Clerk Supervisor, Esther Mendoza, introduced new Deputy Court Clerk, Phyllis Muro. Ms. Muro was welcomed to the City by the Mayor and Council and received a round of applause from the audience. #4 HEARING OF RESIDENTS Robert Brockman of 1000 Elbel inquired about a landscaping maintenance contract along Schertz Parkway because the Parkway needs to present a good appearance. Mr. Bierschwale assured him that had already been arranged. The company just needs to go through the bidding process again. 149 . . . Ramon Cook of913 Dimrock questioned what the total sales tax is in Schertz because it is deductible for those who itemize on their taxes. He was informed it is .0825%. #5 Approval of Minutes: Special Workshop Session 01-26-05 Regular Session 0201-05 Mr. Douglas moved to approve the minutes for 01-26-05 and 02-01-05 as written. Mr. Simonson seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald. NAYS: None. #6 RESOLUTION: Consider and take action on Resolution consenting to creation of Municipal Utility District. Mayor Baldwin introduced a Resolution and the caption is as follows: RESOLUTION 05-R-03 RESOLUTION CONSENTING TO CREATION OF MUNICIPAL UTILITY DISTRICT Mr. Wilenchik moved to approve a Resolution consenting to the creation of a Municipal Utility District. Mr. Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald. NAYS: None. #7 ORDINANCE: Consider and take action on final reading of Ordinance, amending Chapter 7 of the Code of Ordinances, relating to Fire Department. Mayor Baldwin introduced an Ordinance and read the caption as follows: ORDINANCE NO. 05-C-04 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AMENDING CHAPTER 7, OF THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS RELATING TO THE FIRE DEPARTMENT, REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; ADDING PROVISIONS FOR FEES FOR NON-RESIDENTIAL FIRE PROTECTION SERVICES AND FIRE OPERATIONS; ADDING PROVISIONS FOR FINES FOR VIOLATIONS OF CERTAIN PROVISIONS OF THE CODE; INCLUDING A SEVERABILITY CLAUSE AND ESTABLISHING AN EFFECTIVE DATE. 150 . Mr. Greenwald moved to approve the final reading of an Ordinance amending Chapter 7, of the Code of Ordinances, relating to the Fire Department. Mrs. Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald. NAYS: None. #8 ORDINANCE: Consider and take action on first reading of Ordinance regarding Stop signs in Northcliffe. 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 SCHERTZ, TEXAS BE AMENDED BY REVISING SECTION 18-33, STOP INTERSECTIONS - DESIGNATED ALL-WAY STOPS; AND PROVIDING A REPEALING CLAUSE. . Mr. Bierschwale advised that the suggested changes to the Ordinance had been made. The designated all-way stops are at Cherry Tree and Chelsea, and at Mayfair Drive and Brookhead. Mr. Douglas moved to approve the first reading of an Ordinance regarding Stop signs in Northcliffe. Mrs. Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald. NAYS: None. #9 Consider and take action approving proposed fee changes for Inspection Department. Mr. Bierschwale reported there have been no changes since this was discussed at the workshop. He would like Council's approval. Mr. Wilenchik pointed out that the building permit fees go up to a valuation of $500,000. What about valuations beyond that? Leonard Truitt, Building Official, explained the charges just keep going up the $4.00 for each additional $1,000 (or fraction thereof) after that. . Mr. Greenwald moved to approve the proposed fee changes for the Inspection Department (with the addition of the change mentioned in the paragraph above). Mr. Wilenchik seconded the motion, which carried with the following votes: 151 . AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald. NAYS: None. #10 ORDINANCE: Consider and take action on final reading of Ordinance calling a City Election for May 7, 2005. Mayor Baldwin introduced an Ordinance and read the caption as follows: ORDINANCE NO. 05-E-05 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, CALLING AN ELECTION TO BE HELD ON MAY 7, 2005 FOR THE PURPOSE OF ELECTING THREE COUNCIL MEMBERS FOR SAID CITY, SPECIFICALLY FOR PLACES 3, 4 AND 5. Mr. Simonson moved to approve the final reading of an Ordinance calling a City Election for May 7, 2005. Mrs. Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald. . NAYS: None. #11 CONTRACT: Consider and take action regarding 2005 General Election Services Contract with Guadalupe County Elections Officer and Election Services Contract Cost. Mrs. Agee moved to approve the General Election Services Contract with Guadalupe County Elections Officer and the Election Services Contract Cost. Mr. Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald. NAYS: None. #12 ORDINANCE: Consider and take action on first reading of the following: (a) Repealing Tax Abatement Ordinance 01-T-1O and Tax Abatement Agreement for and with Tadco/Tri-County Ltd. and establishing a new Tax Abatement Ordinance and Tax Abatement Agreement with Verde Realty Master Limited Partnership; and Repealing Tax Abatement Ordinance 03-T-13 and Tax Abatement Agreement for and with Tadco/Tri-County Ltd. and establishing a new Tax Abatement Ordinance and Tax Abatement Agreement with Verde Realty Master Limited Partnership II. (b) . 152 . Mr. Bierschwale related the changes discussed at the workshop had been made. Mayor Baldwin introduced two Ordinances and read the captions as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS REPEALING TAX ABATEMENT 01-T-I0 AND TAX ABATEMENT AGREEMENT FOR AND WITH TADCO/TRI-COUNTY LTD. AND ESTABLISHING A NEW TAX ABATEMENT AND A TAX ABATEMENT AGREEMENT, BY THE CITY COUNCIL, FOR AND WITH VERDE REALTY MASTER L TD. PARTNERSHIP, A PROPERTY OWNER IN THE CITY OF SCHERTZ. AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS REPEALING TAX ABATEMENT 03-T-13 AND TAX ABATEMENT AGREEMENT FOR AND WITH TADCO/TRI-COUNTY LTD. AND ESTABLISHING A NEW TAX ABATEMENT AND A TAX ABATEMENT AGREEMENT, BY THE CITY COUNCIL, FOR AND WITH VERDE REALTY MASTER LTD. PARTNERSHIP II, A PROPERTY OWNER IN THE CITY OF SCHERTZ. . Mr. Douglas moved to approve the first reading of Ordinances repealing Ordinance 01-T-I0 and Ordinance 03-T-13 and establishing the two Tax Abatement Ordinances and Tax Abatement Agreements as listed in the captions above. Mrs. Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald. NAYS: None. #13 Consider and take possible action revising City Logo. Mr. Bierschwale advised Council they have the information in front of them. Weare the Friendly City and this logo will be on the new ID cards. Mr. Douglas related, that upon looking at his map, he feels the blue star on the logo, indicating the location of Schertz, should be further down and over to the left. Mr. Bierschwale said he could make that adjustment. Mr. Wilenchik noted that a lot of our residents are associated with Randolph Air Force Base and he is not necessarily in favor of removing the airplane from the logo. Mr. Douglas and Mr. Greenwald agreed. . Mayor Baldwin stated that several years ago they discussed completely redesigning the logo, but he hates to get rid of the star or the airplane. 153 . Mr. Bierschwale indicated the 10 cards could be only what's shown here and they could add the jet going across in gold. Council gave their consensus to that idea. Mr. Bierschwale promised to bring it back for Council to review. #14 APPOINTMENTS: Consider and take action appointing members to 4-B Board. Mr. Greenwald commented the 4-B Board this past week agreed to have only two Council people on the Board and five citizens. Mr. Wilenchik mentioned he had asked Mark Roberts to serve and Mr. Roberts agreed. Mr. Greenwald said Joseph Brown is very interested in being on the 4-B Board. After a brief discussion, Mr. Simonson moved to appoint Mark Roberts and Joseph Brown to the 4-B Board. Mr. Wilenchik seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald. NAYS: None. #15 Items by Interim City Manager General Announcements . . Announced opening day for BVY A is April 2nd at 9:00 a.m. Council usually meets at the park around 9:30 a.m. . Commented he is working on two complaints regarding the HEB parking lot and the right-hand turn into the bank. . Said they are working with the attorneys regarding the interconnectivity from HEB to McDonald's and Diamond Shamrock. . Promised to keep Council posted regarding traffic problems on FM 3009 in the area where the entrance is to the new Wal-Mart store. . When asked by Mr. Greenwald about the lights on Schertz Parkway, he told him they were working on the problem. #16 Items by Council General Announcements Councilmember Douglas Liaison - EDC Liaison - Schertz Library Board . 154 . . Reported the Sign Ordinance Committee held its first meeting last Friday, February 11th. The next meeting is February 25th. This committee has no deadline. Councilmember Simonson Liaison - BVY A . Advised they need to be getting some information from the Census Bureau since we're now at the half-way point between censuses. Are they doing any seminars or sending any data to us? Mr. Bierschwale promised to check on it. Mayor-Pro-Tem Agee Liaison - Schertz Housing Authority Mrs. Agee had nothing to report. Councilmember Wilenchik 4-B Board Liaison - Schertz Humane Society Liaison - HOA Coalition Ex-officio - TSAC . . Advised he had briefed Mark Roberts about the 4-B Board. . Noted the Doggie Dash is scheduled for May 21, 2005. He needs Larry Aiken's address because he said he would be one of the sponsors. . Mentioned he would like to see something in the Schertz Tales about the policy for the rabies vaccinations. Councilmember Greenwald 4-B Board Ex-officio - P&Z Commission Ex-officio - S/SLGC . Noted he and John Bierschwale, Michael Spain and Reginna Agee had attended a Legislative Update in Austin and it was very interesting. An amusing definition given of a lobbyist was it is a person you hire to protect you from the people you elected. #17 Items by Mayor General Announcements . Commented the Northeast Partnership is going to Austin on February 24th and he invited everyone to attend. Mrs. Agee said they only have the room for two hours and lunch would be served. 155 . . Reported Henry Cuellar's staff was at City Hall today in the Conference Room from I :00 p.m. until 4:00 p.m. This is better than our previous Congressmen have done. If you have a question, he will contact you. #18 ADJOURNMENT There being no further business to discuss, Mayor Baldwin adjourned the meeting at 7:58 p.m. Mayor, City of Schertz, Texas ATTEST: . ~auL~-u~ City Secretary, City of Schertz, Texas . 156