ccswks 03-30-2005• CITY COUNCIL MINUTES
SPECIAL WORKSHOP SESSION
MARCH 30, 2005
The Schertz City Council convened in Special Workshop Session on
Wednesday, March 30, 2005 at 7:00 p.m. in the Municipal Complex Conference
Room, 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
Dudley Wait, EMS Director, filling in for Interim City Manager John Bierschwale,
and City Secretary Norma Althouse.
#1 HEARING OF RESIDENTS
Robert G. Salas of 1031 Gettysburg commented on the following:
He had a vehicle at Roadrunner and it cost a pretty penny.
There are a lot of cars around town that should be picked up. (Mayor Baldwin
asked him to make a list for Council.
Progress is being made on the new Council Chambers building.
• Marion is getting worse than Selma as far as issuing traffic tickets. (Mayor
Baldwin advised him he's at the wrong Council meeting.)
The next six citizens who signed up were at the meeting to speak about #12 on
the agenda, which is discussion regarding control burns.
Bob Cantu of 2512 Jane Adams stated he would like to understand the rationale
behind control burns and he is not in favor of a fee.
Mayor Baldwin pointed out that normally citizens are not allowed to speak about
agenda items at a workshop, but they can do so at a regular meeting. However,
because of the number of citizens present for this item, he would allow then to go
ahead and speak.
Betty Brice of 6580 Pfeil Road mentioned she has the same concerns as Mr.
Cantu. What are you supposed to do with Hackberry trees? They are a fire
hazard.
Coralee Fenner of 6440 Pfeil Road said she was at the meeting representing
Wayne Hofferichter. There were four piles of brush on the road by his property
that were placed there by crews doing road construction. He doesn't think that's
• his responsibility. It's the City's.
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Keith Van Dine of 6147 Pfeil Road felt they should not have to pay to burn brush. •
He then inquired how long the permit would be good for.
Crissy Hoffman of 11601 Schaefer Road stated she had called some of the
surrounding areas and they don't charge fees. She also doesn't understand the
need for a permit. They have a ton of brush because they try to keep their
property looking nice. Nobody in her area pays to have their brush chipped. She
cannot afford a $50.00 permit fee every time she burns.
Carl Rakowitz of 11545 Schaefer Road noted the City is not going to come out
there and pick up brush. He then mentioned he lives on the dead -end side of
Schaefer Road and everyone has a fire plug but him. All he has is a 3" line and
is concerned because they keep building houses.
At this time, Mayor Baldwin decided to go ahead and discuss Item #12 —
Discussion regarding Chapter 7 of the Code of Ordinances relating to the Fire
Department concerning control burns.
Fire Chief Elroy Friesenhahn apologized, saying he didn't mean to cause an
uproar. They are just trying to abide by the rules of the Texas Environmental
Control Agency by controlling pollutants and nuisances. They are also trying to
stay in compliance with the State Law of Texas. He thought not allowing open •
burning on less than five acres was a fair number, but would consider changing it
to three acres. The fee is to cover the cost for the Fire Marshal and the
Inspector. He realizes the fee is a burden. He would consider changing it from
$50.00 to $15.00. If City Council says neither one of these things are practical,
they will do what Council recommends. Chief Friesenhahn then added if the
control burn becomes uncontrolled, the person burning would have to pay for the
entire cost of the process of getting the fire under control. He then mentioned the
permit could be either for the day or by the project. It will not be issued for more
than 30 days, but could be extended due to the weather.
Mayor Baldwin said he would be interested to know what the State Law says
about burning on agricultural land. Chief Friesenhahn said it is allowed.
Mr. Douglas pointed out that fence line always needs to be cleared They could
put it out on the road and then call the City to pick it up.
Mr. Wait said he could understand about the fee if the burn got out of control,
however, he's going to leave that decision up to City Council.
Chief Friesenhahn indicated they need to go out and investigate. Mr. Wilenchik
was of the opinion if that's what they feel they need to do, they should assume
the cost. Mr. Wilenchik went on to say if people have to drive in to get the permit, 40 they probably wouldn't get a permit. Mr. Greenwald stated they should at least
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• let the Fire Department know when they are going to burn and Mr. Wilenchik
agreed with that.
Mayor Baldwin commented his concern is the burning of hazardous material.
Michael Spain, City Attorney, asked what happens if people burn hazardous
materials. Chief Friesenhahn replied it is a violation and they will receive a
citation. He then advised they could do a one -time warning for everyone.
Mr. Douglas related he does not support the number of days and he disagrees
with the permit fee. They need to look at the fee and permit requirements before
they go any further. They need to discuss it thoroughly.
Mr. Greenwald indicated the Chief has enough input, they just need to review it
further. Chief Friesenhahn stated he is willing to omit the fee and just go ahead
with the permit.
Mr. Rakowitz asked if they need to come in person or can they get the permit by
phone. Chief Friesenhahn replied they need to do it in person.
Mr. Greenwald inquired how many uncontrolled burns they've had in the past
year and Chief Friesenhahn replied more than they wanted.
Mrs. Agee asked about non - profits and Chief Friesenhahn answered they
• present no problem. Mr. Spain then asked if it has to be a minimum of three
acres to allow a controlled burn and Mrs. Agee said she disagrees with the three
acres. Chief Friesenhan commented the formula he came up with makes sure
they are 300 feet away from the neighbor's property.
Mr. Rakowitz again expressed concern about not having a fire hydrant near his
property. Chief Friesenhahn told him they normally carry 1,000 feet of hose on
the fire truck. Mr. Greenwald advised him he could have a fill stand. Mayor
Baldwin assured him that the Public Works Director is aware of the problem.
The Council and Chief Friesenhahn agreed the Ordinance needs some tweaking
and should come back for further discussion.
#2 APPROVAL OF MINUTES: Special Workshop Session 03 -09 -05
Regular Session 03 -15 -05
Mr. Douglas moved to approve the minutes, as written, for the Special Workshop
Session of 03 -09 -05 and the Regular Session of 03- 15 -05. Mr. Wilenchik
seconded the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
• NAYS: None.
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#3 RESOLUTION: Consider and take action approving a Resolution by the .
City Council of the City of Schertz, Texas Authorizing and Approving Publication
of Notice of Intention to Issue Certificates of Obligation Complying with the
Requirements Contained in Securities and Exchange Commission Rule
15- c2 -12; and Providing an Effective Date.
Mayor Baldwin introduced a Resolution and read the caption as follows:
RESOLUTION NO. 05 -R -06
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING AND APPROVING PUBLICATION OF NOTICE OF INTENTION
TO ISSUE CERTIFICATES OF OBLIGATION; COMPLYING WITH THE
REQUIREMENTS CONTAINED IN SECURITIES AND EXCHANGE
COMMISSION RULE 15- c2 -12; AND PROVIDING AN EFFECTIVE DATE.
Mr. Spain explained this Resolution is in the same format as in the past.
Mr. Simonson moved to approve the Resolution as specified in the caption
above. Mrs. Agee seconded the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald. •
NAYS: None.
#4 RESOLUTION: Consider and take action approving a Resolution Relating
to Establishing the City's Intention to Reimburse Itself for the Proper Lawful
Expenditure of Funds from the Proceeds of Obligations to be Issued by the City
for Authorized Purposes, Authorizing Matters Incident and Related Thereto; and
Providing an Effective Date.
Mr. Spain advised this is similar to past Resolutions regarding similar situations.
Mayor Baldwin introduced a Resolution and read the caption as follows:
RESOLUTION NO. 05 -R -07
A RESOLUTION RELATING TO ESTABLISHING THE CITY'S INTENTION TO
REIMBURSE ITSELF FOR THE PRIOR LAWFUL EXPENDITURE OF FUNDS
FROM THE PROCEEDS OF OBLIGATIONS TO BE ISSUED BY THE CITY
FOR AUTHORIZED PURPOSES; AUTHORIZING MATTERS INCIDENT AND
RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE.
Mr. Simonson moved to approve the Resolution as specified in the caption •
above. Mrs. Agee seconded the motion, which carried with the following votes:
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• AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None.
#5 Discussion and possible action regarding City Audit.
Auditors Fred Timmons and Janet Pittman were present. Mr. Timmons pointed
out the opinion letter giving the City a clean report is on page 3. He then
reviewed the assets, fund balance, debt service and capital projects on page
20, the revenues and expenditures on page 33, and the income statement for
water and EMS on page 26. Mr. Timmons said they need to look at EMS
because there was a loss of $700,000. They should consider revising the fees
they charge other areas because they're supposed to be making money.
Mr. Timmons then commented lots of improvements have been made since last
year and Juan Santoya and his group are doing things a lot better. This year the
audit only took about half the time of last year. Every year the report goes to
G FOA.
After a brief discussion, Mrs. Agee moved to approve the audit for fiscal year
ending September 30, 2004. Mr. Greenwald seconded the motion, which carried
with the following votes:
• AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None.
#6 Discussion regarding sign variance appeal request for Hampton Inn
and Suites.
Amy Madison explained the representatives of the Hampton Inn appeared before
Planning and Zoning on March 8, 2005 and they were requesting an additional
height of 15' to their sign, 135 square feet on the sign itself and two more signs
than the ordinance allows. The Planning and Zoning Commission turned them
down and they are here tonight to appeal that decision. In reviewing their
request with TXDoT, they are not eligible for the Logo program. Louis
Westerman and William VandenBosch are present this evening along with
several members of the Planning and Zoning Commission.
Mr. VandenBosch mentioned that signs are one of the most important things for
their business and people from out of town are not familiar with local traffic
patterns. They are building a 98 -room facility and the loss of 12 or more rooms
every night could be significant. Highly visible signage is necessary.
• Sam Barshop added that from a business standpoint, signage is very important.
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A 65' sign is not unreasonable They want to be a good business partner. •
Mayor Baldwin mentioned the pictures in the brochure make a good case for a
65' sign.
Mr. Simonson pointed out they are located in a low spot between two high spots.
Theirs is a well thought out request and a perfectly legitimate request.
David Richmond, Planning and Zoning Chairman, expressed the opinion the
variances are still workable. Stone Creek RV Park got their sign and that had to
be a variance.
Mr. Douglas stated he agrees with Mr. Simonson. He recommends putting it on
next Tuesday's agenda for approval consideration. Mayor Baldwin commented
he hopes the members of Planning and Zoning don't feel insulted. Mr. Simonson
reminded him an appeal is part of the process.
Council agreed this item should be on next Tuesday night's agenda for action.
#7 Discussion 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.
Council indicated their readiness for this item to be on next Tuesday night's •
agenda.
#8 Discussion on 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 Wlederstein Road
and from the intersection of Wiederstein Road to FM 1103.
Council was prepared for this item to be on next Tuesday night's agenda.
#9 Discussion on final reading of Ordinance regarding No Parking signs
at intersection of Castle Hills and Sherwin Drive.
Council agreed they were ready to act on this item at next Tuesday night's
meeting.
#10 Discussion on first reading of Ordinance regarding vehicular weight
limits on roadways maintained by the City of Schertz.
Mayor Baldwin commented the 15,000 pound weight limit was added. Mr.
Douglas inquired if they have to have access to a scale and Police Chief Steve
Starr replied only through DPS. •
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Council indicated their readiness for action on this item at next Tuesday night's
• meeting.
#11 Discussion on first reading of Ordinance regarding the authorization
to install speed humps on City streets.
Chief Starr advised they made all the changes suggested by Council and sent
a copy to the City Attorney and to TSAC.
Mr. Wilenchik noted that if it's warranted, the City should pay for the speed
humps. If not, then don't put them in. He also suggested keeping in the appeal
process.
Council was ready for this to be included on next Tuesday night's agenda with
the suggested changes.
Item #12 had already been discussed at the beginning of the meeting.
#13 Discussion regarding City Seal and City Logo.
Debbie Gildea, Public Information Officer, distributed copies of the new City Seal
and City Logo for Council to review. She also included the business cards for
Council to see.
• Mayor Baldwin thought 35 and 10 on the airplanes was cool.
After a brief discussion about changing the logo on police vehicles, Council
agreed they were ready to move forward on the changing of the City Logo and
the City Seal.
#14 Briefing on congestion at Ripps - Kruesler Drive (regarding HEB
parking lot).
Mr. Wait indicated the island where traffic turns in is too narrow. They are
working to correct that situation. Sam Willoughby, Public Works Director, has 8'
on his map, but it could go back as far as 10'. Mr. Willoughby mentioned there
would be a 12' stripe. Mr. Douglas thought the left turn arrow is confusing.
Mrs. Agee asked if we could talk to TXDot about no U turns. Mr. Wait promised
to contact TXDot Mrs. Agee said it needs to be done at both ends.
#15 Items by Interim City Manager
General Comments.
Reported Melvin Boeck is working on the interconnectivity between
• McDonald's and HEB. They expect it to be completed within 30 days. Mr.
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Greenwald asked what about Diamond Shamrock and Mr. Wait answered •
he thought Mr. Boeck had spoken to everyone involved.
Reminded everyone about the 25th anniversary of Fulbright and Jaworski
and the celebration at the Institute of Texan Cultures.
Thanked the Universal City Fire Department. Their single dorm room is
now a double dorm room.
#16 Items by Council
General Announcements
Councilmember Douglas
Liaison — EDC
Liaison — Schertz Library Board
Reported there should be an item on an upcoming workshop regarding
changes to the UDC and pulling information off the internet. A copy was
provided to Michael Spain and and it won't be on the agenda until we hear
back from him.
Councilmember Simonson
Liaison — BVYA
Mr. Simonson had nothing to report.
Mayor Pro -Tem Agee
Liaison — Schertz Housing Authority
Liaison — Guadalupe County Children's
Advocacy center
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Mentioned there are ruts in the alley between Thomas Edison and Will
Rogers.
Councilmember Wilenchik
4 -B Board
Liaison — Schertz Humane Society
Liaison — HOA Coalition
Investment Advisor
Ex- officio — TSAC
Commented the proposed Schertz Chamber of Commerce had a good
function at the Community Center last night.
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• . Noted the Board of Directors of the Savannah Square Homeowners
Association is holding a meeting next Monday night at the Housing
Authority office. They need a representative from the City.
Stated there will be a Woodland Oaks Homeowners Association meeting
on April 20th and Belinda Putska, Superintendent of Schools, will be there
to discuss concerns about the new busing policy. There are concerns
about no sidewalks from the clubhouse to the school.
Mentioned the Doggie Dash got a big check and is now up to about
$3,000 in contributions.
Councilmember Greenwald
4 -B Board
Ex- officio — P &Z Commission
Ex- officio — S /SLGC
Reminded everyone the BVYA parade is this Saturday and they should
assemble around 9:00 a.m.
Inquired if we had heard anything about the ballfields. Gail Doug!'--s,
Community Services Director, replied they should be going out for lids
before long.
• #17 Items by Mayor
General Announcements
Reported there was a meeting at the Community Center regarding FM
3009 and there was a huge turnout. It is considerably more of a project
than anyone thought it would be.
The Schertz Chamber of Commerce meeting was good. We need to
have an agenda item to vote on whether or not we wish to support it.
#18 EXECUTIVE SESSION: Called under Chapter 551 Texas Government
Code, Subsection 551.074, Personnel Matters: Appointment employment,
evaluation, reassignment, duties or dismissal of the City Manager.
Mayor Baldwin said there is nothing else to discuss. The closeout date is
tomorrow for applicants for City Manager.
#19 Action, if any, on the subject of above Executive Session.
Since there was no session, no action was required.
• #20 ADJOURNMENT
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There being no further business to discuss, Mayor Baldwin adjourned the •
meeting at 9:07 p.m.
ATTEST:
City Secretary, City of Schertz, Texas
Mayor, City'of Schertz, Texas
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