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ccrg 10-05-2004 COUNCIL - REGULAR SESSION TUESDAY, OCTOBER 5, 2004 The Schertz City Council convened in Regular Session on Tuesday, October 5, 2004 at 7:00 pm in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Hal Baldwin presiding, Councilmembers Carl Douglas, Steve Simonson, Reginna Agee, Tony Wilenchik and Ken Greenwald. Staff members present City Manager Mark Marquez 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 Chief Friesenhahn introduced new fire fighter Clinton Williams and gave a short biography on him. Council welcomed him on board and wished him all the best. Chief Starr introduced new dispatcher Nichole Blanford and gave short biography and added she started employment with the City as of October 4,2004. Next he introduced new officers Steven Rolison and Brian Onofre and gave short biography on both. Both have started employment with the City as of September 20, 2004. Council welcomed them all and wished them all the best. #2 HEARING OF RESIDENTS: Robert Brockman, 4505 Grand Forest made following comments: . Mentioned what a good job Public Works did on Wiederstein Road during down pour. . In regard to Jay Walking Ordinance, he has received no help or support on acquiring draft of Ordinance. He would like to receive some support from Council on the issue. Mayor Baldwin inquired if City had Ordinance on Jay Walking and was informed there was not. Mr. Brockman stated that the problem isn't so much the children as are the adults. Adults are setting bad example and no way of enforcing if there isn't an Ordinance in place. It may take someone getting hurt before City thinks about drafting an Ordinance giving Police authority to enforce. Mayor Baldwin commented he appreciates the concern and would take the matter under consideration. . Referred to handout regarding Senator Jeff Wentworth and noted he was 3rd in command if Governor or Lt. Governor were out of town. He made certain comments to questioner regarding cell phones and traffic lane passing on highways. #3 EXECUTIVE SESSION: Called under Chapter 551, Texas Government Code, Section 551.074, Personnel Matter: Appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager. An Executive Session was held from 7: 10 p.m. to 8:47 p.m. #4 Discussion and possible action on the subject of the above Executive Session. Mayor Baldwin stated that City Manager Marquez has presented a letter of resignation this evening in anticipation of retirement from the City of Schertz. Having received the letter, he asked Council for motion to accept the resignation. Councilmember Simonson moved to accept the resignation from Mr. Marquez. Councilmember Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald NAY: None. Councilmember Greenwald moved to approve severance pay in the amount of $20,000 to Mr. Marquez. Councilmember Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald NAY: None. Councilmember Wilenchik moved to approve appointment of John Bierschwale as Interim City Manager effective midnight tonight. Councilmember Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald NAY: None. #5 APPROVAL OF MINUTES: Workshop Session Regular Session Workshop Session Regular Session Workshop Session June 30, 2004 July 06, 2004 July 14, 2004 July 20, 2004 July 28, 2004 Councilmember Greenwald moved to approve minutes of Workshop Session June 30, 2004, Regular Session July 06, 2004, Workshop Session July 14, 2004, Regular Session July 20, 2004 and Workshop Session July 28, 2004. Councilmember Wilenchik seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald. NAY: None. #6 ORDINANCE: Consider and take action on final reading of Ordinance rezoning 78.14 acres from Predevelopment (PD) to Residential-5 (R-5). Mayor Baldwin introduced an Ordinance and read caption as follows: ORDINANCE 04-S-32 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE UNIFIIED DEVELOPMENT CODE (UDC) ORDINANCE NO. 96-S-28 BY REZONING 78.14+ ACRES FROM PRE-DEVELOPMENT (PD) TO RESIDENTIAL 5 (R- 5). There were no changes to Ordinance. Councilmember Agee moved to approve final reading of Ordinance amending the Unified Development Code (UDC) Ordinance No. 96-S-28 by rezoning 78.14+ acres from Predevelopment (PD) to Residential5 (R-5). Councilmember Simonson seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald NAY: None. #7 ORDINANCE: Consider and take action on first reading of an Ordinance Authorizing and Allowing, Under The Act Governing The Texas Municipal Retirement System, "Updated Service Credits" In Said System On an Annual Basis For Service Performed By Qualifying Members of Such System Who At The Effective Date Of The Allowance Are In The Employment Of The City Of Schertz; Providing For Increased Prior And Current Service Annuities For Retirees And Beneficiaries Of Deceased Retirees Of The City: Providing For Increased Municipal Contributions To The Current Service Annuity Reserve At Retirement Of The Employees Of The City; And Establishing An Effective Date For The Ordinance. Mayor Baldwin stated there were changes to Ordinance. Councilmember Douglas moved to approve first reading of Ordinance Authorizing and Allowing, Under The Act Governing The Texas Municipal Retirement System, "Updated Service Credits" In Said System On an Annual Basis For Service Performed By Qualifying Members of Such System Who At The Effective Date Of The Allowance Are In The Employment Of The City Of Schertz; Providing For Increased Prior And Current Service Annuities For Retirees And Beneficiaries Of Deceased Retirees Of The City: Providing For Increased Municipal Contributions To The Current Service Annuity Reserve At Retirement Of The Employees Of The City; And Establishing An Effective Date For The Ordinance. Councilmember Wilenchik seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald NAY: None. #8 Items by Interim City Manager General Announcement . Informed he would be attending last CPM course, Thursday and Friday and would also be attending Water and Sewer certification course next week. In his absences Dudley Wait, EMS Director would be acting Interim City Manager on his behalf. #9 Items by Council General Announcements Mayor Pro- Tem Douglas Liaison EDC Liaison-Schertz Library Board . Inquired on status of changes to personnel policy manual. He was advised by Mr. Spain City Attorney, that he is prepared to make recommendation, however has not been asked to do so. He would be getting with Interim City Manager to present recommendations. Mayor Pro- Tem Simonson 4-B Board Liaison BVY A . Had no comment. Councilmember Agee 4-B Board Liaison Schertz Housing Authority . Mentioned that for those not familiar with the Guadalupe Children Advocacy Center, she would kike to urge everyone to find out a little about it. The Center started interviewing children as of January 2, 2004 and as of this week has interviewed over 100 children. The cases interviewed only cover abusive situation. Other cases interviewed are of family services. The center is accepting volunteers on a daily basis, and pointed out Mr. Brockman goes on a daily basis and the center is very appreciative for all his help. . Councilmember Wilenchik 4-B Board Liaison Schertz Humane Society Liaison HOA Coalition Ex-officio-TSAC . Had no comment. Councilmember Greenwald 4-B Board Ex-officio P & Z Commission Ex-officio SSLG Corp. . Mentioned meeting between Seguin/Schertz Local Government Corporation, Canyon Regional Water Supply Corporation. SAWS and GDR is scheduled in Seguin on the 13th at 10:00 am. #10 Items by Mayor General Announcements . Had no comment. . #11 ADJOURNMENT There being no further business, Mayor Pro-tern Simonson adjourned the meeting at 8:51 p.m. ATTEST: . tary, City of Schertz, Texas . 5