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ccwks 10-13-2004 . CITY COUNCIL MINUTES SPECIAL WORKSHOP SESSION WEDNESDAY OCTOBER 13, 2004 The Schertz City Council convened in Special Workshop Session on Wednesday, October 13, 2004 at 7:00 p.m. in the Municipal Complex Conference Room, 1400 Schertz Parkway, Schertz, Texas. Those present were as follows: Mayor Hal Baldwin, presiding; Councilmembers Carl Douglas, Steve Simonson, Reginna Agee, Tony Wilenchik and Ken Greenwald. Staff members present were Interim City Manager John Bierschwale and City Secretary Norma Althouse. #1 HEARING OF RESIDENTS George Gutierrez of 2109 FM 3009 stated he has owned that property since 1949 and is attempting to sell it. Planning and Zoning held a meeting last night to consider the rezoning. The vote was 3 to 2 not to rezone. Mayor Baldwin stated it doesn't have to be rezoned before he can sell. . Mr. Greenwald said there is a public hearing scheduled for November 2nd on this matter. He doesn't feel the vote was just. Also, David Richmond, Planning and Zoning Chairman, will be here at that meeting. Mr. Wilenchik stressed to Mr. Gutierrez Planning and Zoning is not stopping him from selling. Mayor Baldwin said he's looking forward to the November 2nd meeting so all sides can be heard. Mr. Gutierrez said he appreciates that. Robert Brockman of 4505 Grand Forrest wondered if Proposition 13 would be on the November 2nd ballot. . #2 Discuss final 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 Decreased Retirees Of The City; Providing For Increased Municipal Contributions To The Current 6 . Service Annuity Reserve At Retirement Of The Employees Of The City; And Establishing An Effective Date For The Ordinance. Mayor Baldwin asked Council if they were ready for this item to be on next . week's agenda. They replied yes, but Mr. Simonson commented he would abstain from that vote. #3 Discuss Public Hearing (scheduled October 19, 2004) on request for Specific Use Permit for Block 1, Lot 14, Schertz Business Park (132 Commercial Place) to allow for an Office/Warehouse facility for a food distribution center, located in the Air Installation Compatible Use Zone (AICUZ). Mr. Bierschwale indicated they are trying to work out a few problems with this request. Mrs. Agee asked if part of the problem had to do with the fencing and Mr. Bierschwale replied yes. . Council agreed they were ready for this item to be on next Tuesday's agenda. #4 Discuss Public Hearing (scheduled October 19, 2004) on request to rezone 11.867+ acres from General Business (GB) to Residential-5 (R- 5). The property is located at the northwest quadrant of Schertz Parkway and Live Oak Road. Amy Madison, Community Development Director, pointed out the location on the map. Mr. Bierschwale advised that the Bindscil sale is contingent on the rezoning. Following a brief discussion about traffic circulation, Mr. Bierschwale noted they will have to follow the Master Plan. Council indicated they were ready for this item to be on next Tuesday's agenda. . #5 Discuss Public Hearing (scheduled October 19, 2004) on request rezoning 5.820 (publication error on acreage 6.054) of acres of land from Neighborhood Services (NS) and Residential-1 (R-1) to General Business (GB). The property is located on the west side of FM 3009, approximately 380 degrees south of Dimrock. 7 . Mr. Wilenchik asked what the potential buyer of the property wants there and was told a mini-storage facility. Mr. Wilenchik then questioned if we look at the class of business to rezone or do we simply deny the rezoning. Mr. Greenwald pointed out part of the problem is that the property is one hundred and ninety feet long and only thirteen feet wide. Mayor Baldwin commented it seems unfair to deny the rezoning just because Planning and Zoning can't get the other guy to cooperate. Council felt this item was ready to be included on next Tuesday's agenda.. #6 Discuss and take action setting public hearing date (November 2, 2004) on request rezoning 5.820 of acres of land from Neighborhood Services (NS) and Residential-1 (R-1) to General Business (GB). The property is located on the west side of FM 3009, approximately 380 degrees south of Dimrock. . Mrs. Agee moved to approve setting a public hearing date for November 2, 2004 to rezone 5.820 acres from Neighborhood Services Residential-l (Rl) to General Business (GB). Mr. Greenwald seconded the motion which carried with the following votes. AYES: Councilmembers. Douglas, Simonson, Agee, Wilenchik and Greenwald. NAYS: None #7 RESOLUTION: Consider and take action on Resolution authorizing the City Manager to enter into a contract with the Texas Department of Transportation for a Selective Traffic Enforcement Program for the period of October 1, 2004 through September 30, 2005. RESOLUTION NO: 04-R-15 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR A SELECTIVE TRAFFIC . ENFORCEMENT PROGRAM FOR THE PERIOD OF OCTOBER 1, 2004 THROUGH SEPTEMBER 30, 2005. 8 . Mrs. Agee moved to approve the Resolution authorizing the City Manager to enter into a contract with the Texas Department of Transportation for a Selective Traffic Enforcement Program for the period of October 1, 2004 through September 30, 2005. Mr. Greenwald seconded the motion, which carried with the following votes. AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald. NAYS: None #8 Discuss final reading of Ordinance repealing Chapter 7, Fire Prevention and Protection, specifically Ordinances 78-E-20, 81-C-26, 81-C-33, 85-C-8 and 89-C-15; adding new Chapter 7, Fire Prevention and Protection; establishing provision for fees for non-residential fire protection services and fire operations, adding provision for fines for violations of certain provisions of the Ordinance, providing a severability clause; and providing an effective date. . Mr. Bierschwale informed Council this is a total replacement of all existing Fire Ordinances. Fire Chief, Elroy Friesenhahn, explained there was some confusion in the documents. He also mentioned they still need clerical corrections as far as acronyms. . ChiefFriesenhan recommended the following changes: a) Section 7.2 paragraphs Band C, change City Manager to Fire Chief. In paragraph C they need some corrected wording. b) Need to include the Life Safety Code c) Need to modify the process for the collection of fees At this time Chief Friesenhahn asked if there were any further questions from Council. . Mr. Simonson inquired if they have been charging all these fees in the past. Mr. Bierschwale replied there was a change for the Hazmat fees. Mr. Douglas wondered if Hazmat fees are strictly for commercial properties or are they also for residential. Chief Friesenhahn replied they are normally not for residential but they will come up with some wording to clarify that. 9 . Mr. Greenwald inquired if throughout the document they can change to most current instead of saying a particular year. Mayor Baldwin asked if we are going to start charging for driving into low water crossing areas when the water is too high. Chief Friesenhahn responded they can add that to the Ordinance. After a brief discussion about some of the wording in the old ordinances, Chief Friesenhahn agreed to come back with better wording. He agreed to make the suggested changes and come back with a new draft of the ordinance at a later date. #9 Discussion regarding proper reporting as mandated by TCLEOSE (Texas Commission On Law Enforcement Officer Standards and Education) and Department staff mg. . Police Chief, Steve Starr, said they are required to assist in proper reporting as mandated by TCLEOSE (Texas Commission On Law Enforcement Officer Standards and Education) and to assure we have the proper information in our City budget, it is necessary to make a few changes as listed below. 1. Change the listed Corporal strength from 4 to 5 to coincide with the Sergeant strength of 5. This will allow each Sergeant to have one Corporal under his/her command. This will also allow for a supervisor to be on duty when the Sergeant is on days off. 2. Change the listed officers strength from 25 to 23. This will allow for the new Corporal position to be filled and to show the proper Police Department. 3. Add 4 Officers assigned to the Fire Department due to Police Department holding their commission. 4. Add 1 Officer assigned to the Courts due to Police Department holding his commission. 5. This will give a total strength with TCLEOSE of 41 Officers. 6. Change Chris Gabbard from Secretary to Administrative Assistant with a pay grade of20. . Mr. Bierschwale advised Council they will put this item on next week's agenda for formal action. 10 . #10 Discuss first reading of Ordinance repealing Chapter 10, Article VII, Garage Sales, Specifically Ordinances 02-L-6, 92-L-11, 01-L-4 and 90-L-24, and adding a new Chapter 10, Article VII, Garage Sales; establishing a penalty; repealing conllicting Ordinances; providing for severability; and establishing an effective date. Mayor Baldwin inquired if any recent changes have been made to the Sign Ordinance and Mr. Bierschwale replied no. Mr. Wilenchik stated we have a Sign Ordinance, all we need to do is enforce it. Mayor Baldwin stressed that without a Garage Sale Ordinance things would be out of control in six months. There was a lot of discussion about the cost of a garage sale permit for an HOA. Mayor Baldwin felt that $50.00 is a reasonable price for an HOA permit because they can split the cost between the various homeowners. . There was a lengthy discussion about the cost of garage sale permits, (specifically for Homeowners Associations) about the number of signs issued for a garage sale, about whether the signs should be displayed and about rain dates for garage sales. Several Councilmembers felt they were making it too complicated. They agreed with Mr. Wilenchik's previous remark that if we're going to have a Sign Ordinance, it needs to be enforced. Mr. Bierschwale informed Council the first reading of this revised ordinance will be on next Tuesday night's agenda and they had no problem with that. #11 Discuss Public Hearing (scheduled November 2,2004) with respect to proposed annexation ofthe following properties, (the "Land"): . 1. Approximately 37.4 acres located adjacent to the existing City limits adjacent and between Northcliffe and Scenic Hills Subdivision, Project 1 (Northcliffe area). 2. 14.30 acres located adjacent to the existing City limits known as Old Wiederstein Road, Project 2 (Old Wiederstein Road) 3. 119.44 acres located adjacent to the existing City limits line parallel to Maske Road at FM 1518, Project 3 (Maske Road). 11 . 4. Approximately 216.77 areas located adjacent to the existing City limits between FM 2252, FM 482, and the Union Pacaific Railroad, Project 4 (FM 2252 area). 5. Approximately 224.40 acres located adjacent to the existing City limits line between FM 482 and Interstate 35 near Hubertus Road, Project 5 (Hubertus Road area). 6. Approximately 163.38 acres located adjacent to the existing City limits line between Iterstate 35 and the Union Pacific Railroad near Friesenhahn Road, Project 6 (Friesenhahn Road are). Mayor Baldwin stated the public hearing for items 1-6 will be November 2, 2004. Council had no further comments at this time regarding the public hearings. #12 Discuss first reading of Ordinance repealing a Tax Abatement Ordinance 98-T-12 (Alamo Packaging) and Reassignment of Tax Abatement to Safeguard Security Services, Ltd. . Mr. Bierschwale pointed out this is a transfer of ownership and will be extended to December 31, 2006. Council agreed they were ready tpr this to be on next Tuesday;s agenda. #13 Item by Interim City Manager General Announcements Budget - Enterprise Funds Over 65 Tax Freeze . . Commented he had Evelyn Boggess put together a package on the numbers for the tax freeze. They are asking for approval from Council so they can get it published in the paper. Mrs. Agee added that if its approved, it needs to be published as soon as possible. Mr. Bierschwale said if the Proposition 13 election fails to approve the tax freeze, then perhaps we can offer a bigger exemption for those people age 65. and older and the disabled. All we would need is a number from City Council. Mrs. Boggess stressed the $10,000 exemption is mandated by law. Council decided they should go forward with the publication in the paper. 12 . . . ~- . Mentioned that due to all the rainfall this year, some departments in the City, specifically Public Works, encountered some extra expenses that weren't expected. . Confirmed those Councilmembers who are attending. the TML conference in Corpus Christi later this month. #14 Items by Council General Announcements Councilmember Douglas Liaison - EDC Liaison - Schertz Library Board . Commented the Herald newspaper is holding a luncheon on October 28th to get input on what changes could be made to the newspaper to make it better. . Questioned status of changes to the Personnel Policy Manual. Mayor Baldwin noted City Attorney, Michael Spain, has some changes. Mr. Bierschwale said he is currently asking for comments from the staff. . Inquired, regarding the Arroyo sign, if the City has any documentation that it is a legal sign. Mr. Bierschwale replied he would find out. . Referred to the Ordinance for the Court of Record and asked if Mr. Spain has any information about the qualifications for the Judge. He understood the Judge needs to have practiced law for two years and sitting as a Judge does not count. Mr. Bierschwale asked for time to see if Judge Padgett and Mr. Spain had talked. Mrs. Agee added regardless of the answer, they need to move forward. Councilmember Simonson 4-B Board Liaison BVY A . Mentioned that on the next agenda they need to discuss Mr~ Bierschwale's salary increase as Interim City Manager. 13 . . Inquired If they have done anything in the search for a new City Manager. Councilmember Agee 4-B Board Liaison - Schertz Housing Authority Mrs. Agee had nothing to report. Councilmember Wilenchik 4-B Board Liaison - Schertz Humane Society Liaison - HOA Coalition Ex-officio - TSAC . Said TSAC told him the Scooter Ordinance is in the City Managers office. . . Noted that regarding a Jaywalking Ordinance they were only looking at in anyway in school zones. . Inquired if they could get business cards for TSAC and for school crossing guards. Mr. Bierschwale promised to check into it. . Spoke briefly about the spaying and neutering program at the Animal Control Shelter. (Today was Mr. Wilenchik's birthday. Council sang Happy Birthday to him and his wife, Valerie, brought a cake for him, which he shared with Council). Councilmember Greenwald 4- B Board Ex-Officio - P&Z Commission Ex-Officio - S/SLGC . . Mentioned Planning and Zoning IS getting a copy of Code Enforcement Regulations. 14 . . Advised we're getting a new medical complex in the City. . Reported briefly on the status on the Schertz/Seguin Local Government Corporation. #15 Items by Mayor General Announcements Mayor Baldwin had nothing to report. #16 ADJOURNMENT There being no further business to discuss, Mayor Baldwin adjourned the meeting at 9:40 p.m. . Mayor, City of Schertz, Texas ATTEST: 22~~ City Secretary, City of Schertz, Texas . 15