ccrg 04-05-2005COUNCIL — REGULAR SESSION
TUESDAY, APRIL 5, 2005
The Schertz City Council convened in regular session on Tuesday, April 5, 2005 at
7:00 pm in the Municipal Complex Council Chambers, 1400 Schertz Parkway,
Schertz, Texas. The following members were present: Mayor Hal Baldwin
presiding, Council members Carl Douglas, Steve Simonson, Reginna Agee, Tony
Wilenchik and Ken Greenwald. Staff members present Acting Interim City
Manager Dudley Wait 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 HEARING OF RESIDENTS
Robert Brockman, 1000 Elbel Road made the following comments:
♦ Mentioned the Medina Children Donation box located between VFW and
Service Station has an over flow of articles, such as boxes, etc.
Fire Chief Friesenhahn apologized to those present with an interest in the Fire
Department Ordinance; because he and Glen Outlaw were out of the office attending a
seminar the changes to the Ordinance did not make this evening agenda. Thus, Ordinance
• changes would be available at the next Council meeting. The changes to come would be
the elimination of permit fees as well as an addition of penalty clause; relative to
negligence in fire burn process; no longer will residents come to the office; an
appointment will be made of a scheduled burn, and department will send someone out to
the burn site and issue permit on site if all checks out. Another change is to open burning;
not allowed in residential area, dropped from 5 to 3 acre lot size. The exhibit change will
come forward for approval at the next meeting, however Ordinance changes have to
follow the process of two Ordinance readings before passage.
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#2 APPROVAL OF MINUTES: Special Session -March 22, 2005
Council member Agee moved to approve the minutes of Special Session, March 22,
2005. Council member Douglas seconded the motion, which carried with the following
votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None.
#3 CONSIDER AND TAKE ACTION REGARDING SIGN VARIANCE
APPEAL REQUEST FOR HAMPTON INN AND SUITES.
No changes were reported and staff recommends approval.
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Council member Greenwald moved to approve the sign variance appeal request for
Hampton Inn and Suites. Council member Simonson seconded the motion, which carried
with the following votes:
AYES: Council members Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None.
#4 ORDINANCE: CONSIDER AND TAKE ACTON ON FINAL 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 caption as follows:
ORDINANCE NO. 05 -D -12
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.
Council member Simonson moved to approve final 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. Council member Agee seconded the motion
which carried with the following votes:
AYES: Council members Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None.
#5 ORDINANCE: CONSIDER AND TAKE ACTION ON FINAL
READING OF ORDINANCE REGARDING ALL WAY STOPS AT
WIEDERSTEIN ROAD AND DEAN ROAD, AND MAXIMUM SPEED LIMITS
ON SPECIFIC STREETS FROM INTERSECTION OF M -35 FRONTAGE ROAD
TO WIEDERSTEIN ROAD AND FROM THE INTERSECTION OF
WIEDERSTEIN ROAD TO FM 1103.
Mayor Baldwin introduced an Ordinance and read caption as follows
ORDINANCE NO. 05 -D -13
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.
There were no changes reported.
It I z
Council member Douglas moved to approve final reading of Ordinance regarding all way
• stops at Wiederstein Road and Dean Road, and Maximum Speed 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. Council member Agee seconded the
motion, which carried with the following votes:
AYES: Council members Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None.
#6 ORDINANCE: CONSIDER AND TAKE ACTION ON FINAL
READING OF ORDINANCE REGARDING NO PARKING SIGNS AT
INTERSECTION OF CASTLE HILLS DRIVE AND SHERWIN DRIVE.
Mayor Baldwin introduced an Ordinance and read caption as follows
ORDINANCE NO. 05 -D -14
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.
• There were no changes reported.
Council member Greenwald moved to approve final reading of Ordinance regarding no
parking signs at intersection of Castle Hills Drive and Sherwin Drive. Council member
Wilenchik seconded the motion, which carried with the following votes:
•
AYES: Council members Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None.
#7 ORDINANCE: CONSIDER AND TAKE ACTION ON FIRST
READING OF ORDINANCE REGARDING VEHICULAR WEIGHT LIMITS ON
ROADWAYS MAINTAINED BY THE CITY OF SCHERTZ.
Mayor Baldwin introduced an Ordinance and read the caption.
The only change reported was the addition of 15,000 lbs (weight limit).
Council member Agee moved to approve first reading of Ordinance regarding vehicular
weight limits on roadways maintained by the City of Schertz. Council member
Greenwald seconded the motion, which carried with the following votes:
AYES: Council members Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None.
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#8 ORDINANCE: CONSIDER AND TAKE ACTION ON FIRST
READING OF ORDINANCE REGARDING THE AUTHORIZATION TO •
INSTALL SPEED HUMPS ON CITY STREETS.
Mayor Baldwin introduced an Ordinance and read the caption.
There were on changes reported.
Council member Douglas moved to approve the first reading of Ordinance regarding the
authorization to install speed humps on City streets. Council member Wilenchik
seconded the motion, which carried with the following votes:
AYES: Council members Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None.
#9 RESOLUTION: CONSIDER AND TAKE ACTION ON RESOLUTION
ADOPTING A NEW CITY SEAL.
Dudley Wait, Acting Interim City Manager explained there is a setback in transaction
with proposed vendor regarding City seal. Proposed vendor initially produced the seal,
however in preliminary use found that seal would cut through documents. Seal was taken
back to vendor for adjustment and on its return; seal had been modified (changes are
unacceptable). Vendor has indicated seal modification eliminates cutting through
documents and recommends the modifications. Because of this development, there is a •
search for new vendor. If Council desires it may approve the new City seal sight unseen
or table the issue until such time that seal can be produced for review.
Council member Agee moved to table action on Resolution adopting new City Seal, until
such time that seal can be produced. Council member Simonson seconded the motion,
which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None.
#10 CONSIDER AND TAKE ACTION ADOPTING ANEW CITY LOGO.
A brief discussion followed on several logo designs introduced to Council for review. On
review of these logos Council selected one of the designs, which displays two (2) jets,
indicating the alignment of IH -35 and 111- 10, and each jet displays the number 35 and 10.
The logo design with the spelling of "Schertz" indicates a tail effect on the letter " Z".
Council member Simonson moved to approve adopting a new city logo -the design
indicating the tail on the letter "Z" and two jets with the number 35 and 10. Council
member Wilenchik seconded the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald. •
NAYS: None.
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#11 CONSIDER AND TAKE ACTION CALLING A PUBLIC HEARING FOR
MAY 3, 2005 ON A REQUEST FROM JMLG HOLDINGS, LTD. TO REZONE
• 61.295+ ACRES FROM PREDEVELOPMENT (PD), GENERAL BUSINESS (GB),
AND MULTI - FAMILY RESIDENTAIL (R -4) TO SINGLE - FAMILY
RESIDENTIAL (R -7).
There was a brief explanation on the rezoning request and location of the proposed
residential development. It was pointed out that Planning and Zoning would be
conducting their public hearing on April 26, 2005, and that staff is recommending that
Council set their public hearing on Tuesday, May 3, 2005. Council member Wilenchik
stated he would like to see a map of the proposed development and any other information
prior to the public hearing. He was advised that documentation would be introduced at
the workshop session prior the public hearing.
Without further discussion, Council member Agee moved to set public hearing for May
3, 2005 on a request from JMLG Holdings, Ltd. to rezone 61.295+ acres from
Predevelopment (PD), General Business (GB) and Multi- Family Residential (R4) to
Single - Family Residential (R -7). Council member Greenwald seconded the motion,
which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None.
• #12 DISCUSSION AND POSSIBLE ACTION ON MIDYEAR BUGET.
Juan Santoya, Finance Director informed Council of changes, which are as follows:
♦ $45,000 moved to Misc. Income —Police Department
♦ $2,000 added for overtime - Planning & Zoning Department.
♦ For clarification purpose added "EMS Contract" to Medical Services.
♦ Rename Misc. Assistance, to Children's Advocacy Assistance.
♦ $40,000 expenses to Emergency Services Day Event and $40,000 as
revenue to balance out (20,000 from Foundation and $20,000 for sale of
tickets for motorcycle, etc.
Without further discussion, Council member Agee moved to approve the mid -year
budget, but added she "believes clarification is necessary regarding the full -time
employee change with full -time benefits (part-time Records Management Clerk),
clarifying the change is to the position (Records Management Position) not the person -
clarifying it's a records management clerk position and not tied to a specific person ".
Mayor Baldwin stated that the position was approved at a previous meeting. Council
member Agee stated that the approval was given to allow moving the position (part time
to a full time position. Mayor Baldwin agreed. Council member Greenwald seconded the
motion, which carried with following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
• NAYS: None.
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#13 Items by Acting Interim City Manager
General Announcement
•
Reported the Bierschwale Family is very appreciative for the City's
support on the recent death of family member (John's father -in -law), Mr.
Hracha. The funeral was today, granddaughter left late this afternoon, so
John is home resting. Not sure whether he will be in this week or not.
♦ Reminded everyone that Friday at 1:00 pm, Representative Cuellar would
be at City Hall. Mayor Baldwin reported receiving call from
Representative Cuellar office -of time change to 4:30 pm.
• Temporary quarters have been (60 -foot construction trailer called a
bunkhouse) acquired for Friday at the New Emergency Service Building
on IH -35. The current conditions (30 foot trailer) were a bit cramp. He
further stated that the new area has received some calls and everything
appears to be going well. In a couple of months the Fire Department will
also be stationed out there, however for the time being only EMS is
stationed.
City Health Inspector started church inspections this month and would be
reporting on the outcome next month.
♦ Reported that the City was notified that the efforts to resolve the lawsuit
with SAFES Organization has been effective- have agreed to settlement
terms. It won't be official until it goes before the Judge and everyone
involved has signed off. A report will come forward to Council once
everything is finalized.
•
#14 Items by Council
General Announcements
Council member Douglas
Liaison EDC
Liaison - Schertz Library Board
• Advised Saturday was opening day for BVYA. It was a fantastic opening
day; BVYA received a $25,000 gift from HEB along with $5,000 gift
from Block Distributing.
• Mentioned he forgot to attend the Library Board meeting last evening.
• Reported receiving the Town & City Magazine and again The City of
Schertz has been left out of the magazine. All surrounding cities have been
featured. He believes there should be an effort to have the City of Schertz
included. Apparently, a survey has to be completed and submitted, which
hasn't happened. The responsible party is the City Manager, and
apparently it hasn't been done. Let's make an effort to include the City in
2006 edition.
Council member Simonson
4 -B Board
Liaison BVYA dh
Made no comments.
oZ� b
• Mayor Pro -tem Agee
4 -B Board
Liaison Schertz Housing Authority
Liaison Guadalupe Children's Advocacy Center
Mentioned having attended the Guadalupe Children's Advocacy Center
meeting last evening and reported the numbers are growing; in the month
of March; 21 children were serviced, in respect to moderate and severe
sexual abuse. She also, mentioned that April is sexual prevention month.
For the month of April, five children have been interviewed and seven
more were scheduled. The center is working and seeking funding on a
handout pamphlet that would be introduced to Guadalupe school
counselor's explaining procedures on handling and reporting child abuse.
The Center's advocacy (rvEllie Watson) is in Schertz one day a week
servicing children of the area, and mentioned that the Center is losing the
adult advocacy person.
Council member Wilenchik
4 -B Board
Liaison Schertz Humane Society
Liaison HOA Coalition
Ex- officio -TSAC
• Investment Advisor
Thanked Chief Friesenhahn for working through issues regarding the Fire
Ordinance. He also acknowledged and thanked Brad Gildea for all the
work put into the City Seal/City Logo.
♦ Reported attending the Savannah Square HOA meeting lasting evening,
those in attendance were Mr. Parish, and Dudley Wait. Items of interest
with many of the HOA's will be busing policy, sidewalk issues, and two -
mile limitation, etc.
Council member Greenwald
4 -B Board
Ex -officio P & Z Commission
Ex -officio SSLG Corp.
♦ Reported approximately
Parkway.
BVYA turn out was great.
#15 Items by Mayor
General Announcements
'/2 dozen lights are still out alonjr Schertz
• ♦ Reported that he spoke to Donna Dykes, Human Resources Director and
was informed the City is in receipt of four applicants for the City Manager
position. He asked that applicants be placed on next workshop session for
review.
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#16 EXECUTIVE SESSION: Called under Chapter 551 Texas Government Code,
Sub - section 551.074, personnel Matters: Appointment, employment, evaluation, •
reassignment, duties or dismissal of the City Manager.
Mayor Baldwin stated no Executive Session would be necessary.
#17 Action, if any, on the above Executive Session.
Given that no session was held, no action was necessary.
#18 ADJOURNMENT
There being no further business, Mayor Baldwin adjourned the meeting a 7: 50 p.m.
r
Mayor, City of Schertz, Texas
ATTEST: •
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Depu City Wcretary, City of Schert4 Texas
[SEAL]
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