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ccrg 03-15-2005 . . . CITY COUNCIL MINUTES REGULAR SESSION MARCH 15, 2005 The Schertz City Council convened in Regular Session on Tuesday, March 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 asked everyone to rise and join him in the Pledge of Allegiance to the Flag. Following the Pledge, Mayor Baldwin introduced Scoutmaster Dean Schneider. Mr. Schneider presented Boy Scout Troop 512 and said they were here tonight as part of the criteria for earning a Citizenship Badge. They are doing it in honor of recently deceased Dan Christenson who was a big supporter of the Boy Scouts. The Scouts were given a round of applause by Council and the audience. #1 HEARING OF RESIDENTS Robert Brockman of 1000 Elbel Road. #411 had the following comments: . He had visited the library in Seguin and it is a pretty nice facility. If Schertz is still the largest City in Guadalupe County, we need to be looking into getting a new library. . Referred to #5 on the agenda regarding speed limits on Wiederstein Road and asked why the City doesn't have weight limits on that road. . Mentioned the collection box at the Smoke Pit is an eyesore. Ramon Cook of913 Dimrock mentioned the following: . It was a pleasure to see the excellent job done by Parks and Public Works on the drainage areas for Woodbridge and Ashley Park to Maske Road. He would like to see more of it in other areas. Mayor Baldwin then introduced Johrmy Sutton, former Councilmember for Cibolo and candidate for Mayor of Cibolo. #2 APPROVAL OF MINUTES: Regular Session 3-01-05 Mr. Greenwald moved to approve the minutes, as written, for the Regular Session of 3-01-05. Mr. Wilenchik seconded the motion, which carried with the following votes: 187 AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald. . NAYS: None. #3 ORDINANCE: Consider and take action on final reading of Ordinance adopting a moratorium on property development in a platted subdivision. Mayor Baldwin introduced an Ordinance and read the caption as follows: ORDINANCE NO. 05-S-10 AN ORDINANCE ADOPTING A MORATORIUM ON PROPERTY DEVELOPMENT IN A PLATTED SUBDIVISION, AND OTHR MATTERS IN CONNECTION THEREWITH. Interim City Manager John Bierschwale pointed out this is a moratorium on the Live Oak Hills Subdivision. We're doing what we can as a City government to try and help folks. Mr. Simonson moved to approve the final reading of an Ordinance adopting a moratorium on property development in a platted subdivision. Mr. Douglas seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald. . NAYS: None. #4 ORDINANCE: Consider and take action on first reading of Ordinance regarding deletion of Stop Sign at Country Club Blvd. at subdivision gate and addition of Yield Sign at Country Club Blvd. at subdivision gate. 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 18-32, STOP INTERSECTIONS AND SECTION 18-35, YIELD INTERSECTIONS; AND PROVIDING A REPEALING CLAUSE. Mr. Douglas moved to approve the first reading of an Ordinance regarding deletion of Stop Signs at Country Club Blvd. at subdivision gate and addition of Yield Signs at Country Club Blvd. at subdivision gate. Mrs. Agee seconded the motion, which carried with the following votes: . /8& . . . AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald. NAYS: None. #5 ORDINANCE; Consider and take action on first reading of Ordinance regarding All Way Stops at Wiederstein Road and Dean Road and Maximum Limits on Specific Streets from the intersection ofIH-35 frontage road to Wiederstein Road and from the intersection of Wieder stein Road to FM 1103. 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, SAME-SAME - ALL WAY STOPS AND SECTION 18- 76, MAXIMUM LIMITS ON SPECIFIC STREETS; AND PROVIDING A REPEALING CLAUSE. Mayor Baldwin asked that that the word speed be included before maximum limits. Mr. Greenwald moved to approve the first reading of an Ordinance regarding All Way Stops at Wiederstein Road and Dean Road and Maximum Limits on Specific Streets from the intersection of IH-35 frontage road to Wiederstein Road and from the intersection of Wiederstein Road to FM 1103 and designated that the word speed be included before maximum limits. Mr. Wilenchik seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald. NAYS: None. Mr. Douglas mentioned that the weight limits were not included. Mr. Bierschwale explained that Mr. Spain, City Attorney, is working on it and should have something by the end of the month. #6 ORDINANCE: Consider and take action on first reading of Ordinance regarding No Parking signs at intersection of Castle Hills Drive and Sherwin Drive. 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 18-91, PARKING PROHIBITED; AND PROVIDING A REPEALING CLAUSE. /8q Mr. Douglas moved to approve the first reading of an Ordinance regarding No Parking signs at . intersection of Castle Hills Drive and Sherwin Drive. Mrs. Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald. NAYS: None. Mr. Greenwald suggested an explanation of why we're doing this Ordinance be given to the Scouts. Mr. Bierschwale related that at the intersection of Castle Hills Drive and Sherwin Drive, it is difficult for emergency vehicles to get through if cars are parked there. A survey was taken of20 property owners in the area and they agreed there should be no parking at that intersection. #7 ORDINANCE: Consider and take action on first reading of Ordinance amending a Franchise for Roadrunner Towing. Mayor Baldwin introduced an Ordinance and read the caption as follows: AN ORDINANCE GRANTING ROADRUNNER TOWING A FRANCHISE FOR NONCONSENT TOWING OF DISABLED OR WRECKED VEHICLES WITHIN THE CITY LIMITS OF THE CITY OF SCHERTZ; IMPOSING RESTRICTIONS AND 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 THIS ORDINANCE. . Roadrunner Towing had requested extending the Franchise Agreement for a period of three years with the option of renewing it for an additional two years. Mr. Wilenchik had asked if this could be done without going out for rebidding. Michael Spain, City Attorney, had written a letter to Council stating that under Section 11.02 of the Charter, the City Council may "grant, renew and extend" franchises for public utilities. The term "public utilities" as used in that section means any entity furnishing to the public any "general public service", meaning traditional public utilities and "any other purpose whereby a right to, in part, appropriate or use the streets, highways or other property of the City as necessary or proper". Mr. Bierschwale went on to explain that under Section 11.02 of the Charter, all ordinances granting, renewing or extending franchises for public utilities must be read at two separate regular meetings of the City Council and may not be passed until 30 days after the last reading. No such ordinance may take effect until 30 days after its final passage, and during that 30-day period the full text of the ordinance must be published once a week for two consecutive weeks in the City's official newspaper. The expense of the publication must be borne by the franchisee. . ('fa . . . Mr. Greenwald moved to approve the first reading of an Ordinance amending a Franchise for Roadrunner Towing, extending the Franchise for a period of three years with the option of renewing it for an additional two years. Mr. Wilenchik 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 amending Ordinance 01-H-6 by revising Chapter 10, Article III, Section 10-51, Definitions. Paragraph (4) Junk Vehicle, and declaring an emergency. Mayor Baldwin introduced an Ordinance and read the caption as follows: ORDINANCE NO. 05-H-ll 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 10, ARTICLE III, ABANDONED JUNKED PROPERTY AND PROPERTY FOUND IN VIOLATION OF ORDINANCE, SECTION 10-51, DEFINITIONS - (4); PROVIDING A REPEALING CLAUSE; AND DECLARING EMERGENCY. Mr. Bierschwale indicated that Building Official, Leonard Truitt, is present to answer questions. He went on to explain the or in the definition of a Junked Vehicle is being changed to and to comply with State law. Judge Padgett requested the change. Mrs. Agee moved to approve 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 Chapter 10, Article III, Abandoned Junked Property and property found in violation of Ordinance, Section 10-51, Definitions - (4); providing a repealing clause; and declaring an emergency. Mr. Simonson seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald. NAYS: None. #9 Discussion and possible action regarding payment to the City of Cibolo for installation of sidewalks along Dietz Road. Johnny Sutton advised that SBC dropped a pole in part of the sidewalk. The pole is supposed to be removed. Regarding the ADA ramps, he thinks everyone is surprised that hasn't been done yet. The weather, of course, has been a factor and he has confidence they will be installed in the next 90 to 120 days. He wouldn't be surprised if Council can't pay now because of being in a 1'1/ different budget year than when the funds were approved. His hope IS to have better . communication in the future. Mr. Douglas asked if the funds hadn't been set aside. Mr. Bierschwale replied yes they had, we just need to reappropriate them. Mr. Wilenchik inquired if the school district was a player and Mr. Sutton replied yes, they cooperated on the sidewalk. Mr. Wilenchik moved to reappropriate the $15,000 that was originally approved by Council for the ADA ramps. Mr. Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik, and Greenwald. NAYS: None. Mr.. Sutton expressed thanks on behalf of the citizens ofCibolo. #10 Items by Interim City Manager General Comments Passed around the new City Seal for Council to see and they liked it. He said it would be on the agenda for action at the next regular meeting. . #11 Items by Council General Comments Councilmember Douglas Liaison - EDC Liaison - Schertz Library Board Mr. Douglas had nothing to report. Councilmember Simonson Liaison - BVY A Mr. Simonson had nothing to report. Councilmember Agee Liaison - Schertz Housing Authority Liaison - Guadalupe County Children's Advocacy Center . Mentioned attending the retirement luncheon last week for Jim Theisen of the Housing Authority and it was very nice. She thinks they will really miss him. . 1 Cii '2.- . . Councilmember Wilenchik 3-B Board Liaison - Schertz Humane Society Liaison - HOA Coalition Investment Advisor Ex-officio - TSAC · Reported lots of interest in the Doggie Dash sponsored by the Schertz Humane Society. The date is May 21,2005. It will be a 5K run at the Schertz Park. So far they've gotten a $1200 - $1400 response from City businesses. Councilmember Greenwald 4-B Board Ex-officio - P&Z Commission Ex-officio - S/SLGC · Stated there is a Schertz/Seguin Local Government Corporation meeting this Thursday. Mr. Greenwald then explained (for the Scouts) a little bit about the Corporation. Both Schertz and Seguin were looking for an additional 50-year source of water even though Schertz still has 1,000 acre feet of the Edwards Aquifer The Corporation has slowly acquired land over the last eight years. They have acquired approximately 2500 acres. They are close to having enough water until the year 2050. The r;",:! was over $50,000,000. #12 Items by Mayor General Comments · Announced the ribbon cutting ceremony for the openmg of the; l[,~'V Wal-Han is Wednesday, March 23,2005 at 7:30 a.m. · Remarked he has had complaints about U-turns at the ends of the islands on FM 3009 going toward IH-35. Maybe we need some No U-Turn signs. Mr. Bierschwale thought maybe we need to monitor the situation. #13 EXECUTIVE SESSION: Called under Chapter 551 Texas Government Code: (a) Sub-Section 551.071: Consultation with Attorney regarding pending or contemplated litigation,; and (b) Sub-Section 551,074: Personnel Matters: Appointment, employment, evaluation, reassignment, duties, discipline or dismissal of the City Manager. After a short break, Council moved to the Conference for an Executive Session, which was held from 7:41 p.m. until 8:05 p.m. #14 Action, if any, on the subject of the above Executive Session. . No action was required. ref?> #15 ADJOURNMENT There being no further business to discuss, Mayor Baldwin adjourned t ATTEST: ~JL-L~'n~p) City Secretary, City of Schertz, Texas meeting at 9:06 p.m. /1 'f . . .