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ccrg 12-07-2004 . COUNCIL - REGULAR SESSION TUESDAY, DECEMBER 7, 2004 The Schertz City Council convened in regular session on Tuesday, December 7, 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 Interim City Manager Johnny Bierschwale and Deputy City Secretary Mary Ybarra. Mayor Baldwin called the meeting to order at 7:00 p.m. and welcomed everyone. He noted that Commissioner Jim Wolverton was present in the audience and welcomed him. He asked everyone to rise and join him in the Pledge of Allegiance to the Flag. #1 RECOGNITION OF ANIMAL CONTROL VOLUNTEERS AND INTRODUCTlN OF NEW POLICE DEPARTMENT EMPLOYEE. . Heather Barker, Animal Control Director read a short biography on. Lois Hamilton and points out she was the initial start to the spay and neuter program. If that is not all, she is referred to as the "box lady" because she tirelessly retrieves empty cardboard flats from grocery stores and brings them to the shelter, where the flats are utilized as litter trays. She spends countless hours, money and devotes her heart to give pets a better life. The dedication and commitment to the citizens and pets well deserves recognition. Rhonda Coburn has volunteered at the shelter for the past four years. Has bottled fed and raised orphaned kittens and helped to find loving homes. She has taken the time to transport abandoned and injured wildlife over 150 miles to Wildlife rescue facilities, as well as taking shelter animals to local veterinarians. She has recently returned to school to obtain her Veterinary Technician Certification. She is a strong advocate for animals, and her dedication and willingness to help whenever has improved the stay at the shelter for many pets. For this reason, she deserves recognition. At this time, Ms. Barker presented both Lois Hamilton and Rhonda Coburn with plaques of appreciation. Council thanked both lady's for their hard work and dedication to the City animal shelter. At this time, Chief Starr introduced Kellie Davidson new records clerk for the Police Department and gave a short biography and mentioned that Kellie has volunteered for the Police Department for several months and permanently began working as of November 17th. At this time, Mayor Baldwin stated he would like to mention that Interim City Manager John Bierschwale has completed his certification for Certified Public Manager, which took over 14 months of schooling. Council is very proud for all his hard work. . 69 . #2 HEARING OF RESIDENTS Kevin Wuest 329 Meadow View (Windy Meadow Subdivision) points out that in 1998 his home was under water and had to make many repairs. In 2000 had to be rescued from flooding again. A couple of weeks ago the same thing, had approximately l' of water in shed, which sits at the lowest point of the property. Had water right up to the front door step. To be perfectly honest, cannot handle the flooding anymore. What can property owners expect in the area. What has been done since the flooding (this year), and when can the citizens expect help. Cindv Janicke, Windy Meadows resident spoke on flooding concerns and mentioned that two years ago, had to be rescued from flooding situation. She points out she spoke to the City Manager at the time and was told flooding would not happen again. Three times this year it has flooded, and each time was unable to get out of the house. Not that it was a dangerous situation, could have been evacuated, but wanted to stay in her house. The last flooding situation, my daughter could not get home and that upset me very much. She is scared and wants to get home, because she knows what can happen. Have enough to worry about, trying to keep her safe, than have my daughter worry that her mother could float away. Two years, City Manager assured the situation would be fixed; it is not fixed. The problem is Maske Road, if something can get done in that area, it would eliminate the flooding in the subdivision. Please do something to make residents safe; we are tired of being flooded. . Lewis Steelman. Crepe Myrtle (Windy Meadows Subdivision) reported using his truck to get people out and no one has said "thank you". Didn't see anyone from Council out there asking if anyone needed help. Flooding in the area is uncalled for. Weare taxpayers and deserve not to go through the flooding. Someone is going to die, please do something before it happens. Mickev, Oak Street at Crepe Myrtle resident voiced similar concerns as previously mentioned, she doesn't live in Windy Meadows, however still gets water in her yard. Can't do it anymore, we all have children and pets and it's an unsafe situation. Rov Sledl!e, Cherry Blossom Drive (Windy Meadows Subdivision) passed out photographs of last flood, and noted that every time the situation gets worse. Who is going to pay for the damage to mobile homes that residents have to file insurance on. How bad does it have to get for something to get done? . Mrs. Welch, stated she and her husband just moved to Texas and love it here, however three floods later, we are done. We are ready to move back. She is very concerned about her neighbors, elderly, new mothers with babies, etc. She and another neighbor are flood watchers and are up all night sometimes, in order to notify of flooding situation. She is stressed out to the point of thinking something bad will happen to neighbors. She has befriended many and would hate to see anything happen to them. She can't afford to live in a community where you need to keep putting money out. My neighbors can't afford it either. The residents want something done. Every time is floods, it gets worse. She would like something done for everyone in the area. 70 . Robert Brockman stated he would save remarks for a later time. . At this time, Interim City Manager introduced Larry Dublin from Ford Engineering and project designer of the project that the City of Schertz took on approximately (1) one year ago. As of the 19th of November, City Council approved the design, which would begin above the low water dip at Maske Road. The City purchased the land (Busch Estate) and is planning to build 180' wide drainage structure that would begin at dip and structure would be build for traffic to go across. The structure would be approximately 10 -12 foot deep at the location. The project stops at back fence of Garden Ridge, Texas. Water from Garden Ridge and Selma come down the Creek and water happens to break to the original creek line that goes behind Windy Meadows at Oleander Street. The project plan is to get the water to channel under a new structure, taking it across Maske Road preventing flooding at Windy Meadows. Also, the original ditch behind Windy Meadows would be lowered 5 -6 feet with removal of dirt. The pilot channel will start channeling water away from the area eliminating flooding. However, things have slowed down due to 48 inches of rainfall this year. This has hurt construction. Only one day of work was possible last month. The contractor will start cutting pilot channel at soccer field. The second contractor who will start south of Windy Meadows (farm house) and development is to start January or February of next year. The contractor will begin cutting ditch to the Busch Estate, which the City has purchased. Maske Road will be shut down approximately 6-7 months during construction and because weather can't be predicated may be longer. In January, the City of Schertz will be sending out bid proposal for construction of bridge structure. The City of Schertz is building 100-year flood structure, and hope by next summer the problem will be under control. Larry Dublin stated that comments by Interim City Manager Bierschwale pretty much covers the overall picture. If we can get some decent weather and good bids, contractors can start moving dirt, and construct channel, which will go a long way to help the situation. All utilities have been lowered in order to deepen the channel in order to the take water. Mayor Baldwin points out that money is available for the project, however the weather has been the problem. Construction of pilot channel will take the majority of water until completion of drainage channel. Mayor Baldwin added that with the exception of Windy Meadows the City has cleared up all flood conditions in the City of Schertz. The federal government (FEMA) has purchased flood property and certainly don't want this to happen to Windy Meadows. The City believes Windy Meadows can be saved with the construction of drainage channel. It's just a matter of having some good weather to continue construction. He went on to say, Larry Dublin, project manager would be available to answer questions if anyone has any. Anyone wanting to speak with him can meet with out in the lobby area. . Mayor Baldwin stated the City understands the responsibility is has to its citizens and is doing everything possible to fix the problem. He appreciates receiving all comments and noted that the City is sympathetic and will take care of the situation one way or another. 71 . #3 ORDINANCE: Consider and take action on first reading of Ordinance regarding proposed annexation of approximately 37.4 acres adjacent to existing city limits adjacent and between Northcliffe and Scenic Hills Subdivisions Project 1 (N orthcliffe area). Interim City Manager Bierschwale reported no changes. Councilmember Simonson moved to approve first reading of Ordinance regarding proposed annexation of approximately 37.4 acres adjacent to existing city limits adjacent and between Northcliffe and Scenic Hills Subdivisions. Councilmember Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald NAY: None. #4 ORDINANCE: Consider and take action on first reading of Ordinance regarding proposed annexation of 14.30 acres located adjacent to existing city limits known as Old Wiederstein Road, Project 2 (Old Wiederstein Road). Interim City Manager Bierschwale reported no changes. . Councihnember Agee moved to approve first reading of Ordinance regarding proposed annexation of 14.30 acres located adjacent to existing city limits known as Old Wiederstein Road. Councilmember Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald NAY: None. #5 ORDINANCE: Consider and take action on first reading of Ordinance regarding proposed annexation of 119.44 acres located adjacent to existing city limits line parallel to Maske Road at Fm 1518, Project 3 (Maske Road). Interim City Manager Bierschwale reported no changes. Councilmember Douglas moved to approve first reading of Ordinance regarding proposed annexation of 119.44 acres located adjacent to existing city limits line parallel to Maske Road at Fm 1518. Councilmember Greenwald 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 first reading of Ordinance regarding proposed annexation of approximately 216.77 acres located adjacent to existing city limits between FM 2252, FM 482 and Union Pacific Railroad, Project 4 (FM 2252 area). 72 . Interim City Manager Bierschwale reported no changes. Councilmember Greenwald moved to approve the first reading of Ordinance regarding proposed annexation of approximately 216.77 acres located adjacent to existing city limits between FM 2252, FM 482 and Union Pacific Railroad. 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 Ordinance regarding proposed annexation of approximately 224.40 acres located adjacent to existing city limits line between FM 482 and Instate 35 near Hubertus Road, Project 5 (Hubertus Road Area). Interim City Manager Bierschwale reported no changes. Councilmember Wilenchik moved to approve the first reading of Ordinance regarding proposed annexation of approximately 224.40 acres located adjacent to existing city limits line between FM 482 and Instate 35 near Hubertus Road. Councilmember Douglas seconded the motion, which carried with the following votes: . AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald NAY: None. #8 ORDINANCE: Consider and take action on first reading of Ordinance regarding proposed annexation of approximately 163.38 acres locate adjacent to existing city limits line between Interstate 35 and Union Pacific Railroad near Friesenhahn Road, Project 6 (Friesenhahn Road area). Interim City Manager Bierschwale reported no changes. Councilmember Agee moved to approve the first reading of Ordinance regarding proposed annexation of approximately 163.38 acres locate adjacent to existing city limits line between Interstate 35 and Union Pacific Railroad near Friesenhalm Road. Councilmember Douglas seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald NAY: None. #9 ORDINANCE: Consider and take action on fIrst reading of Ordinance regarding placing restriction on the use and operation of motor assisted scooters. . Interim City Manager Bierschwale explained the changes and noted that mopeds had been included to Ordinance and asked if Council had any changes to report. Without further discussion, Councilmember Douglas moved to approve first reading of Ordinance placing restrictions on the use and operation of motor assisted scooters, to 73 . include changes as indicated. Councilmember Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald NAY: None. #10 ETJ AGREEMENT: Consider and take action on ETJ Agreement with Bexar County. Interim City Manager Bierschwale pointed out one change was made to City Manager signature block. Change reflects signature block to read: Interim City Manager, John Bierschwale. There were no other changes. Without further discussion, Councilmember Greenwald moved to approve the ETJ Agreement with Bexar County. Councihnember Wilenchik seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald NAY: None. #11 ORDINANCE: Consider and take possible action on first reading of Ordinance to lower posted speed limit on FM2252, Comal County. . Interim City Manager Bierschwale explained the matter before Council comes at the request of TXDOt to lower speed limit on FM2252 at intersection of FM 482 from 55 mph to 50 mph. It was pointed out that FM2252 is State controlled road. Without further discussion, Councilmember Greenwald moved to approve first reading of Ordinance to lower speed limit to 50 mph on FM2252, Comal County. Councilmember Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald NAY: None. #12 EXECUTIVE SESSION: Called under Chapter 551, Texas Government Code, Section 551.074, Personnel Matters: Appointment of Municipal Judge. An Executive Session was held from 8: 00 p.m. to 8: 27 p.m. #13 Action, if any, on above Executive Session. Mayor Baldwin explained that action would be the Resolution on item #14. . #14 RESOLUTION: Consider and take action on Resolution regarding appointing Municipal Judge to the Municipal Court of Record. Mayor Baldwin introduced a Resolution and read caption as follows: 74 . RESOLUTION NO. 04-R-16 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPOINTING A MUNICIPAL JUDGE TO THE MUNICIPAL COURT OF RECORD OF THE CITY OF SCHERTZ. Mayor Baldwin announced Judge Stacy Padgett would be appointed to Municipal Judge of the Court of Record for the City of Schertz commencing January 1, 2005 and ending December 31, 2006 a two-year term with annual salary of $55,000. Without further discussion, Councilmember Greenwald moved to approve the appointment of Judge Stacy Padgett to the Court of Record for the City of Schertz as stated. Councilmember Douglas seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald NAY: None. #15 Items by Interim City Manager General Announcement . . Mentioned improvements have been made to Aviation Avenue. Road was been widen to the north of intersection to allow two cars to travel east and one to travel west, to the turn lane. The road will be ready on Friday, however Cibolo Creek is still running, so there could be a delay. . Reported Council Chamber bids came in well under budget and should have bids ready at next Council workshop. . Public Works Building bid recommendation is V.W. Brooks Contractor; this also will be at next Council workshop. . Reported on train accident at First Street and FM78. Accident happened at 3 p.m., and no one was injured. It would have been a bad accident if not for efforts of Police Department and Engineer slowing train down to 10 mph before it made impact with the 18-wheeler. Scene was cleared after 3 :30 p.m. #16 Items by Council General Announcements Councilmember Douglas Liaison EDC Liaison-Schertz Library Board . Had no comments. . 75 . Mayor Pro-tem Simonson 4-B Board Liaison BVY A . No comments. CounciImember Agee 4-B Board Liaison Schertz Housing Authority . Stated she didn't see a whole lot of people playing in the snow on Saturday morning. She pointed out delivery of snow was at 5:30 am. CounciImember Wilenchik 4-B Board Liaison Schertz Humane Society Liaison HOA Coalition Ex-officio- TSAC . Inquired if anyone had taken pictures at Denny's after the weekend rain. Was advised would have to check with Public Works, the area was one of the target areas scheduled by Public Works. . Councilmember Greenwald 4- B Board Ex-officio P & Z Commission Ex-officio SSLG Corp. . Reported that flowers had been sent to Westerman Funeral. . Asked that drainage issues be brought forward at next Council workshop. . Parade Friday was fantastic; his grandson had a blast. He did mention the need to get the Choirs under control, possibly having them perform once or twice. #17 Items by Mayor General Announcements . . Mentioned he and Barbara had gone by Funeral Home before meeting this evening. (Floyd Westerman Funeral) and paid their respect on behalf of Council. . Northeast Partnership meeting this week will be held at Olympia Hills Golf Course Conference Center. Reported Barbara will be having eye surgery (lense implant) the day of the meeting and would not be attending. Automatic Aid Agreement between cities will be discussed at the meeting. Councilmember Douglas advised he could make the meeting on Thursday. . Reported receiving a letter from the Children Advocacy Center. The Center would like contributions from people that support the group. He would like the matter placed on agenda for discussion. 76 . . Asked that an Executive Session be placed at next workshop for discussion of territory ETJ swap of as introduced by Mayor Ruppert from Cibolo. #18 ADJOURNMENT There being no further business, Mayor Baldwin adjourned the meeting a 8: 51 p.m. 9.i~~ Mayor, City of Schertz, Texas ATTEST: . ~. etary, City of Schertz, Texas . 77