ccrg 12-21-2004
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CITY COUNCIL MINUTES
REGULAR SESSION
DECEMBER 21, 2004
The Schertz City Council convened in Regular Session on December 21, 2004 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 PRESENTATION OF AWARDS FOR CHRISTMAS LIGHTING CONTEST
Amy Madison and Erin Matlock of the Economic Development Department announced
the following winners:
Main Street Businesses:
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(House next door to Bus Garage), 710 Main Street - Cecilio Zamora
Schertz Bank & Trust, 519 Main Street - Melvin Golla
Contreras Flowers & Gifts, 817 Main Street - Fred Contreras
Subdivisions:
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Arroyo Verde, 3932 Arroyo Del Sol- The Andreolli's
Ashley Place, 204 Victoria Place - Rob Manning
Aviation Heights, 214 Pecan - Doyle Gassmeyer
Berry Creek, 2812 Berry Patch - Julie & Matt Cravits
Carolina Crossing (South), 3524 Hamilton - Elvey & Judy Jones
Carolina Crossing (North), 3657 Diamond Falls - Todd & Charlene Alexander
Deer Haven, 1105 Antler Drive - The Rehmann's
Dove Meadows, 1128 Lauren Park Drive - John Modesette
Forest Ridge, 4601 Flagstone Drive - Cliff & Carol Hooper
Greenfield Village, 108 Webster - Ronald Blakeman
Greenshire, 2793 Valencia Drive - Jimmy & Patty Yarbrough
Greenshire Estates, 3404 Estate Drive - Gary Kennedy
Jonas Woods, 2528 Hemingway- Shane McBreaty
NorthCliffe, 5621 Fairways - Javier Rodriguez
Oak Forest, 4200-4204 Spanish Oak (Dual Winners) - The Bennetts & The Jones's
Oak Trail, 1613 Canyon Oak - Alan & Lori Sagocio
The Ridge at Carolina Crossing, 3485 Rockhill View - Dawn Murray
Savannah Square, 3805 Forsyth Park - JeffWomak
Silvertree, 1212 Greenwood - Chris & Nicole Masters
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. The Village, 1008 Curtiss - Michael Warford
Windy Meadows, 425 Meadow View - Vicki Roberts
Woodland Oaks, 2704 Kingsland Circle - Travis Hedman
Woodridge, 494 Covered Bridge - Alex & Gertrude Drabant
Wynn Brook, 1632 Rolling Brook - Michael & Kathie Leisman
Mayor Baldwin went outside to have pictures taken with the Lighting Award Winners.
Mayor Pro-Tern Simonson presided over the next few items on the agenda.
#2 HEARING OF RESIDENTS
Robert Brockman of 4505 Grand Forrest stated TSAC posts an agenda, but sometimes
they are not listed on the sign out in front of City Hall.
#3 APPROVAL OF MINUTES: Regular Session 08-03-04 (amended)
Special Workshop Session 08-11-04 (amended)
Regular Session 08-15-04 (amended)
Special Workshop Session 09-29-04
Regular Session 10-05-04
Special Workshop Session 10-13-04
Regular Session 10-19-04
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Mr. Douglas pointed out that in the minutes of 10-05-04, in the first paragraph, the word
except should be changed to accept. Regarding the minutes of 10-19-04, Mr. Douglas
advised that the vote on the first reading of the Garage Sale Ordinance should be
corrected from all members voting Aye to three Ayes: Councilmembers Simonson, Agee,
and Greenwald and two Nays: Councilmembers Douglas and Wilenchik.
Mr. Greenwald moved to approve the minutes listed above with the recommended
corrections. Mr. Douglas seconded the motion, which carried with the following votes:
Ayes: Councilmembers Douglas, Simonson, Wilenchik and Greenwald
Nays: None
Abstentions: Councilmember Agee
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#4 ORDIANANCE: Consider and take action on fmal reading of an Ordinance of
the City of Schertz, Texas, 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; providing a repealing, severability and savings clause;
providing an effective date.
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Mayor Pro-Tern Simonson introduced an Ordinance and read the caption as follows:
AN ORDINANCE
CONSIDER AND TAKE ACTION ON FINAL READING OF AN ORDINANCE
OF THE CITY OF SCHERTZ, TEXAS, 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; PROVIDING A REPEALING, SEVERABILITY AND
SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE.
Mr. Bierschwale stated there had been no changes since the Ordinance was discussed at
the last workshop.
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There was a brief discussion on Sections 3 and 4 of the Ordinance regarding the fact that
if a child is operating or riding a motor assisted scooter, it is presumed the parent allowed
the child to do so. Mrs. Agee commented if the child is found guilty of a violation, the
penalty falls back on the parents.
Council still felt uncomfortable about some of the wording in Sections 3 and 4 and
requested that City Attorney, Michael Spain, attend a future meeting so he could answer
some of their legal questions regarding the Ordinance.
Mr. Wilenchik moved to table the final reading of the Ordinance regarding motor assisted
scooters until such time as the City Attorney could either reword or verifY some of the
legality of the Ordinance. Mr. Douglas seconded the motion, which carried with the
following votes.
Ayes: Couocilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald
Nays: None
Mayor Baldwin returned at this time.
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#5 ORDINANCE: Consider and take action on fmal reading of 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 18-76,
Maximum Limits on Specific Streets; and providing a repealing clause.
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Mayor Baldwin introduced an Ordinance and read the caption as follows:
ORDINANCE NO. 04-D-41
CONSIDER AND TAKE ACTION ON FINAL READING OF 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 18-76, MAXIMUM LIMITS ON SPECIFIC
STREETS; AND PROVIDING A REPEALING CLAUSE.
Mr. Simonson moved to approve the final reading of an Ordinance revising Section 18-
76, maximum speed limits on specific streets, more specifically on FM 2252. Mr.
Greenwald seconded the motion, which carried with the following votes.
Ayes: Couocilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
Nays: None.
#6 RESOLUTION: Consider and take action on a Resolution for the adoption of
the Hazard Mitigation Plan for the AACOG Region.
. Mayor Baldwin introduced a Resolution and read the caption as follows:
RESOLUTION NO. 04-R-17
CONSIDER AND TAKE ACTION ON A RESOLUTION FOR THE ADOPTION
OF THE HAZARD MITIGATION PLAN FOR THE AACOG REGION.
Mr. Wilenchik moved to approve the Resolution regarding adoption of the Hazard
Mitigation Plan with corrections to several words and grammatical errors. Mr.
Greenwald seconded the motion, which carried with the following votes.
Ayes: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald
Nays: None
#7 Consider and take action on 4-B Budget Amendments for Revenues and
Expenditures.
Mr. Bierschwale reminded Council they have in their packets figures for realigning the
department funding the Economic Development Director and her Administrative
Assistant.
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Mrs. Agee moved to table action on this item uotil they receive some direction from the
4-B Board either approving or disapproving the recommended changes. Mr. Douglas
seconded the motion, which did not carry due to the following votes.
Ayes: Councilmembers Douglas and Agee
Nays: Councilmembers Simonson, Wilenchik and Greenwald
Mayor Baldwin indicated they actually needed a motion to approve the budget
amendment. His recommendation was to table action on this item uotil the next
workshop since Couocil had reviewed all the figures, but felt they needed a better
explanation regarding revenues and expenditures.
Mr. Simonson moved to table action on this item uotil the next workshop at which time
the corrections should be included and they should have a recommendation from the 4-B
Board. Mrs. Agee seconded the motion, which carried with the following votes:
Ayes: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald
Nays: None
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Mr. Bierschwale advised'that he would come with all the necessary information for
Council at the January 12th meeting.
#8 Discuss fmal reading of Ordinance for the following annexations:
a. Approximately 37.4 adjacent to existing City limits adjacent nd between
Northcliffe and Scenic Hills Subdivision, Project 1 (NorthcIiffe areas)
b. Approximately 14.30 acres located adjacent to the existing City limits
known as Old Wiederstein Road, Project 2 (Old Wiederstein Road)
c. Approximately 119.44 acres located adjacent to the existing City limits
line parallel to Maske Road at FM 1518, Project 3 (Maske Road)
d. Approximately 216.77 acres located adjacent to the existing City limits
between FM 2252, FM482, and Union Pacific Railroad, Project 4 (FM
2252 area)
e. Approximately 224.40 acres located adjacent to existing City limits line
between FM 482 and IH-35 near Hubertus Road, Project 5, (Hubertus
Road Area)
f. Approximately 163.38 acres located adjacent to the existing City limits
line between IH-35 and the Union Pacific Railroad near Friesenhahn
Road, Project 6 (Friesenhahn Road)
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Mr. Bierschwale stated these items are for discussion onil' There have been no changes.
Council will vote on the annexations at the December 29 meeting.
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#9 Items by Interim City Manager
General Auoouocements
· Reported a meeting was held regarding the construction of a new Post Office and
even though it is quite a lengthy process, he is almost positive Schertz will get a
new Post Office. Mayor Baldwin added the process will probably take two to two
and one-half years. The Mayor also advised that Mr. Wilenchik and Mr.
Greenwald relate this information to the Northcliffe Homeowners Association.
Mr. Bierschwale said it is very exciting news.
· Advised there is no Schertz-Seguin Local Government Corporation meeting this
month. It will be held in January.
· Stated he needs a decision from Council on the chairs. Two Couocilmembers like
#2 and four of them like #3. Mr. Wilenchik said to go with the least expensive.
Mr. Bierschwale pointed out #3 is definitely at the head of the list, but he needs a
definite decision from Council.
#10 Items by Council
General Auoouncements
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Councilmember Douglas
Liaison - EDC
Liaison - Schertz Library Board
· Mentioned he received a survey from TML and asked if everyone is filling one
out. He was told it was strictly up to him.
· Questioned if they had any response from people wanting to serve on the
committee to review the Sign Ordinance. Mr. Bierschwale told him we should
have some replies in January.
Mayor Pro- Tem Simonson
4-B Board
Liaison - BVY A
· Complemented Public Works on the progress they have made at Aviation.
· Noted there have been lots of trees planted in the park and that will definitely add
to the beauty ofthe park.
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Couocilmember Agee
4- B Board
Liaison - Schertz Housing Authority
· Reported attending the reception for Bud Kuykendall and it was a very nice
ceremony.
Couocilmember Wilenchik
4-B Board
Liaison - Schertz Humane Society
Liaison - HOA Coalition
Ex - officio - TSAC
· Informed Council he will not be here for the first meeting in January.
· Regarding the Animal Control Facility, asked if there is consensus about
enforcement on the weekends. Mr. Bierschwale promised to check into it.
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Councilmember Greenwald
4 - B Board
Ex - officio - P&Z Commission
Ex - officio - S/SLGC
. Wished everyone a Merry Christmas.
#11 Items By Mayor
General Announcements
· Mentioned the FM 3009 and IH-35 intersection is really coming along. He in
sure it will be worthwhile.
· Asked Commissioner Wolverton ifhe wanted to speak, but he did not.
#12 Adjournment
There being no further business to discuss, Mayor Baldwin adjourned the meeting at 8: 1 0
p.m.
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ATTEST:
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City Secretary, City of Schertz, Texas
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